June 3, 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 Sidewalk/Boulevard Vending Permit - King Street West, south side, 74.5 metres west of Charlotte Street (Downtown)

 Purpose:

 To report on an appeal of staff=s refusal of a sidewalk/boulevard vending application. The application was denied because written objections were received. As this is an appeal, it is scheduled as a public hearing.

 Funding Sources, Financial Implications and Impact Statement:

 Not applicable.

 Recommendations:

 It is recommended that a permit be issued to Mr. Medina Marisabel for sidewalk/boulevard vending on King Street West, south side, 74.5 metres west of Charlotte Street, notwithstanding the objections received by the adjoining property owner and tenant.

 Background:

 Mr. Michael M. Doyle, solicitor acting on behalf of Medina Marisabel, in his letter of April 7, 1998 (Appendix >A=), has requested an appeal of staff=s decision to refuse an application for a sidewalk/boulevard vending permit on King Street West, south side, 74.5 metres west of Charlotte Street.

 Comments:

 Mr. Medina Marisabel, 825 Bloor Street West, Apt. # 3, Toronto, Ontario, M6G 1M1, applied on December 12, 1997 for a sidewalk/boulevard vending permit on King Street West, south side, 74.5 metres west of Charlotte Street, as shown on the attached sketch (Appendix >B=). Mr. Medina Marisabel proposes to vend sausages, hot dogs and cold drinks.

 As the application complies with the physical and administrative requirements of City of Toronto Municipal Code Chapter 315, Street Vending, we notified the adjacent property owner for their comments, if any. Mr Allan G. Beach of Fasken Campbell Godfrey, solicitor for the owner of the adjoining property and Mr. Eric Bresler, solicitor for the adjoining tenant, have submitted letters of objection dated February 9 & 10, 1998 (Appendix >C= and >D=), regarding this location.

 Under the procedural rules of the Municipal Code, where a written objection to the issuance of a vending permit has been received in my office, I am required to refuse the application. The applicant then has 30 days from receipt of our notice to request an appeal to the Toronto Community Council.

 Staff have met with Mr. Medina Marisabel and confirm that we cannot issue a vending permit under Municipal Code Chapter 315, Street Vending, because we have received a letters of objection.

 In order to assist your Committee with the evaluation of Mr. Beach=s concerns, they are summarized below along with the staff response.

 Concern #1:The proposed vending would unreasonably interfere with the operation of the existing or any future business at the location

 Staff response:Municipal Code Chapter 315, Street Vending, requires a minimum separation of 25 metres between a vending location and a business selling a similar product. The objection received is not from a business selling a similar product.

 Concern #2:The proposed vending would increase pedestrian/bystander traffic and will greatly increase the odds of mishap/accident

 Staff response:Municipal Code Chapter 315, Street Vending, requires 3.66 metres of paved passable space to be maintained for pedestrian movement.

 Conclusions:

 As this application complies with the physical and administrative requirements of the Municipal Code, the application should be approved.

 Contact Name and Telephone Number:

 Lisa Forte, 392-1801

 (p:\1998\ug\cws\bae\to981072.bae) - bj