July 6, 1998
To:Toronto Community Council
From:Angie Antoniou, Acting Assistant Director, By-law Administration and
Enforcement, City Works Services
Subject:StreetSmarts - Application for Boulevard Marketing - 405 Bloor Street East
(Downtown)
Purpose:
To report on the business owner's application for boulevard marketing fronting 405 Bloor
Street East. As this is a matter of public interest, it is scheduled as a deputation item.
Funding Sources, Financial Implications and Impact Statement:
Not applicable.
Recommendation:
The Toronto Community Council may recommend that:
(1)City Council approve the application for boulevard marketing privileges fronting 405
Bloor Street East and such approval be subject to the applicant complying with the criteria
set out in § 313-47 of Municipal Code Chapter 313, Streets and Sidewalks, of the former
City of Toronto Municipal Code;
OR
(2)City Council deny the application for boulevard marketing privileges fronting 405 Bloor
Street East.
Background:
Councillor Kyle Rae, in his communication dated June 24, 1998 (Appendix 'A'), has
requested a report on the application for boulevard marketing fronting 405 Bloor Street East,
because of constituency concerns.
Comments:
Mr. Snehal Patel, StreetSmarts Toronto Inc., 405 Bloor Street East, Toronto, Ontario M4W
1N7, submitted an application on May 7, 1998, requesting a licence for boulevard marketing
fronting 405 Bloor Street East.
I have reviewed this application and I have determined that the application meets the
physical criteria set out in § 313-47 of Municipal Code Chapter 313 of the former City of
Toronto Municipal Code. Accordingly, we can issue a boulevard marketing licence to Mr.
Patel.
The proposed marketing area is to occupy approximately 4.3 sq. m. of City sidewalk
fronting 405 Bloor Street East, as shown on the attached sketch (Appendix 'B').
While processing the application, we received two letters of objection dated May 11 and
May 21, 1998 from Mr. David Sleeth and Mrs. Faye Sleeth, respectively (Appendices 'C'
and 'D'), on behalf of the owners and Board of Directors of MTCC 1021, 409 Bloor Street
East, a residential condominium complex which comprises 405 Bloor Street East in
opposition to the issuance of a marketing licence at 405 Bloor Street East. The letter dated
May 21, 1998 from Mrs. Sleeth also included a petition containing 12 signatures of residents
of MTCC 1021 objecting to the granting of a boulevard marketing licence. I attach a sample
of the petition received (Appendix 'E').
Because of constituency concerns, Councillor Kyle Rae has requested a report on the
application for boulevard marketing at 405 Bloor Street East.
To assist the Committee with the evaluation of the concerns raised by the condominium
residents, they are summarized below along with the staff response.
Concern #1The proposed marketing area would interfere with the flow of foot traffic going
in and out of the building at 409 Bloor Street West
Staff Response:Section 313-37 of Municipal Code Chapter 313, Streets and Sidewalks, of
the former City of Toronto Municipal Code requires 2 metres of passable space to be
maintained, or as may be determined by the Commissioner. The proposed marketing area
has 3.66 metres of passable space.
Concern # 2Repeatedly display merchandise on the sidewalk in cardboard boxes illegally
Staff Response:Chapter 313 of the former City of Toronto Municipal Code requires that
marketing displays be constructed of wood with epoxy resin paint, stainless steel, galvanized
metal, plastic, fibreglass, aluminum or steel with baked enamel finish and designed to
maintain the merchandise a minimum of 0.61 m above grade, and to ensure that the area
under the merchandise is left clear.
Should permission be granted for marketing at this location, the applicant would be required
to display the merchandise in proper display stands.
Concern # 3They have never been issued a licence yet they have broken the law
Staff Response:Periodic inspections and more recently on June 18, June 20, and the
evening of June 23 and 25, 1998, have shown the sidewalk to be free and clear of any
merchandise or debris.
Concern #4To improve the appearance of our street
Staff Response:No comments.
Concern #5To maintain and protect the value of our residential units
Staff Response:No comments.
Conclusions:
The application meets the physical requirements of Municipal Code Chapter 313, Streets
and Sidewalks, of the former City of Toronto Municipal Code.
On hearing the deputations, the Toronto Community Council must decide whether or not to
recommend that City Council approve the boulevard marketing at 405 Bloor Street East.
Contact Name and Telephone Number:
Ken McGuire, 392-7564
Acting Assistant Director
JM/jm
Attach
(p:\1998\ug\cws\bae\to981089.bae) - ba
