April 22, 1998

To:Toronto Community Council

From:Lesley Watson, Director, By-law Administration and Enforcement, City Works Services

Subject:Refusal of an Application for Boulevard Marketing - 1441 Dundas Street West (Trinity-Niagara)

Purpose:

To provide information on the recent modifications to the store front at 1441 Dundas Street West and the implications of these changes on Mr. Martins= request for a boulevard marketing licence.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendation:

That this report be received for information.

Background:

The Toronto Community Council, at its meeting of April 1 and 2, 1998, in considering my report dated March 18, 1998 entitled ARefusal of an Application for Boulevard Marketing - 1441 Dundas Street West@, deferred consideration of the matter and requested the Commissioner of Works and Emergency Services to report to the Toronto Community Council on whether a smaller area could be licensed, given the new configuration of the store front at 1441 Dundas Street West.

Comments:

My March 18, 1998 report on this application stated that Mr. Martins had been using a small area on private property 0.4 m deep to display his fruits and vegetables.

While on routine patrol on March 20, 1998, my staff noted that alterations had been made to the store front at 1441 Dundas Street West. The front window had been moved back to be aligned with the existing entrance of the store. According to Mr. Martins, these alterations were done to provide a larger area on private property to display his merchandise. Previously Mr. Martins had approximately 1.32 m5 on private property to display merchandise. There is now 3.9 m5 for display, or three times the previous area.

In response to Toronto Community Council=s request, we have reviewed the situation and I must reiterate the comments in my earlier report: because of the presence of a transit passenger shelter in front of the location, there is insufficient space to accommodate boulevard marketing on the public sidewalk.

On Appendix >A=, I have illustrated the position of the transit passenger shelter in relation to 1441 Dundas Street West, and note the increased area on private property that Mr. Martins is using to display his fruits and vegetables.

Conclusions:

Mr. Martins has trebled the exterior space for displaying his merchandise on private property by moving his store front back. This does not in any way affect my earlier recommendation that the public sidewalk should not be licensed because there is insufficient space for the free and safe movement of all pedestrians.

Contact Name and Telephone Number:

Ken McGuire, 392-7564

Director

KM/km

Attach

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