March 10, 1998

 To:Toronto Community Council

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

 Subject:Appeal of Denial of Application for a Boulevard Cafe - Broadway Avenue Flankage of 2387 Yonge Street (Ward 22 - North Toronto)

 Purpose:

 To report on the business owner=s appeal of staff=s refusal of an application for a boulevard cafe on the Broadway Avenue flankage of 2387 Yonge Street because written objections were received in response to the public notification.

 Funding Sources, Financial Implications and Impact Statement:

 Not applicable.

 Recommendation:

 The Toronto Community Council may recommend that:

 (1)City Council approve the application for a boulevard cafe on the Broadway Avenue flankage of 2387 Yonge Street, notwithstanding the negative response to the public notice, and that such approval be subject to the applicant complying with the criteria set out in ' 313-36 of Municipal Code Chapter 313, Streets and Sidewalks;

 OR

 (2)City Council deny the application for a boulevard cafe on the Broadway Avenue flankage of 2387 Yonge Street.

 Background:

 The Toronto Community Council, at its meeting of January 21, 1998, in considering a communication (December 19, 1997) from Mr. Tony O=Donohue, acting on behalf of Mr. Craig Findlay, CEO, Koo Koo Roo Canada Partners Ltd., asked me to report on his appeal, as a deputation item.

    Comments:

 Mr. Paul Sipos, 120 Adelaide Street West, Unit # 2150, on behalf of 1170060 Ontario Ltd/Koo Koo Roo Canada Partners Ltd., o/a Koo Koo Roo California Kitchen, submitted an application on May 23, 1997 requesting a licence for a boulevard cafe on the Broadway Avenue flankage of 2387 Yonge Street.

 The proposed cafe area is approximately 36.0 sq. m., as shown on the attached sketch (Appendix >A=). It can accommodate 8 tables, with a potential seating capacity of 32 people.

 The application met the physical criteria for boulevard cafes set out in ' 313-36 of City of Toronto Municipal Code Chapter 313 and a notice was posted on June 10, 1997, for 14 days, to determine neighbourhood support. Prior to the expiry date of the notice, the Department received six (6) letters of objection, one of which included a petition with 59 signatures in opposition to the cafe (Appendices >B= through >H=). The Department also received one (1) other letter of objection after the expiry date from an area tenants' association (Appendix >I=).

 Generally, the concerns relate to the additional noise, foot and car traffic, garbage, illegal parking and late night use of the adjacent public garage that will be generated by the cafe. As well, there is a concern that disabled residents in the neighbourhood will have difficulty manoeuvring their wheelchairs past the cafe enclosure and other street poles, etc.

Mr. Craig Findlay was advised in writing that we could not issue a licence because of the negative response from the public posting.

 Mr. O=Donohue, arguing on behalf of Koo Koo Roo, feels that the neighbours may be more receptive to a boulevard cafe now that Koo Koo Roo has been operating the restaurant for over 6 months.

 Conclusions:

 Staff cannot issue Mr. Findlay a licence for a boulevard cafe on the Broadway Avenue flankage of 2387 Yonge Street because of the negative response to the public posting.

 Although there are clear criteria surrounding the physical design, setbacks, location and hours of operation of boulevard cafes, these technical criteria alone cannot address all public concerns which may also relate to the quality of the operation of a boulevard cafe or the behaviour of current or future clientele. Cafes do introduce a new level of activity in an area.

 On hearing the deputations, the Toronto Community Council must decide whether or not to recommend that City Council grant the appeal.

 Contact Name and Telephone Number:

 Ken McGuire, 392-7564

 Director

 MF/jns

Attach

 (p:\1998\ug\cws\bae\to981026.bae) - jns