June 10, 1998
To:Toronto Community Council
From:Angie Antoniou, Acting Assistant Director, By-law Administration and Enforcement, City Works Services
Subject:Denial of Application for a Boulevard Cafe - 832 College Street, Ossington Avenue Flankage (Trinity Niagara)
Purpose:
To report on staff=s refusal of an application for a boulevard cafe on the Ossington Avenue flankage of 832 College Street,
because of a negative public poll. As this matter is of public interest, it is scheduled as a deputation item.
Funding Sources, Financial Implications and Impact Statement:
Not applicable.
Recommendations:
The Toronto Community Council may recommend that:
(1)City Council approve the application for boulevard cafe privileges on the Ossington Avenue flankage of 832 College
Street, notwithstanding the negative result of the public poll, 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, of the former City of Toronto
Municipal Code; and
(2)Should City Council approve the application, I be requested to report back after the end of the 1998 cafe season on the
operation of the cafe;
OR
(3)City Council deny the application for boulevard cafe privileges on the Ossington Avenue flankage of 832 College
Street.
Background:
Councillor Joe Pantalone, in his communication of May 14, 1998 (Appendix >A=), requested a report on the application
for a boulevard cafe licence at 832 College Street.
Comments:
Mr. Majid Khoshab, owner of 1179621 Ontario Limited, o/a Coffee Time Donuts, 832 College Street, Toronto, Ontario
M6G 1C8, submitted an application on December 5, 1997, requesting a licence for boulevard cafe privileges on the
Ossington Avenue flankage of 832 College Street.
The proposed cafe area is approximately 27.18 sq. m., as shown on the attached sketch (Appendix >B=). It can
accommodate 6 tables, with a potential seating capacity of 24 people.
This application meets the physical criteria for boulevard cafe as set out in ' 313-36 of Municipal Code Chapter 313 of the
former City of Toronto Municipal Code.
As the proposed cafe flanks a residential zone, the Municipal Code requires a public poll of owners and tenants within 120
metres from the proposed cafe. If the majority of the ballots cast are in favour of the application, the application is
approved. If the majority are opposed, the Commissioner must deny the application. If there is negative response,
re-polling for the same purpose may not take place until 2 years have passed from the closing date of the previous poll.
A poll dated March 9 to April 8, 1998 was conducted on the west side of Ossington Avenue, between house nos. 460 and
478 and on the east side of Ossington Avenue between house nos. 455 and 493, including 832 and 834 College Street, to
determine neighbourhood support. The poll was conducted in English, French, Italian and Portugese (i.e. every person
received the ballot form in 4 languages). The results of the poll were as follows:
Polling Summary
Mr. Khoshab was advised in writing May 15, 1998 that given the negative poll, a licence could not be issued.
Furthermore, Mr. Khoshab was advised that a further application for boulevard cafe privileges at 832 College Street could
not be considered for twenty-four months from the closing date of the public poll which was April 8, 1998.
Staff cannot issue Mr. Khoshab a licence for the cafe on the Ossington Avenue flankage because the poll result was
negative. I am satisfied that the poll was conducted properly, and ballots were available in Italian and Portuguese, as well
as the two official languages.
On hearing the deputations, the Toronto Community Council must decide whether or not to recommend that City Council
approve the boulevard cafe at 832 College Street, Ossington Avenue flankage.
