July 6, 1998
To:Toronto Community Council
From:Angie Antoniou, Acting Assistant Director, By-law Administration and
Enforcement, City Works Services
Subject:Appeal of Denial of an Application for a Boulevard Cafe - 581-583 Markham
Street and Lennox Street flankage (Trinity-Niagara)
Purpose:
To report on the business owner's appeal of staff's refusal of an application for a boulevard
cafe fronting 581-583 Markham Street and on the Lennox Street flankage, because written
objections were received in response to the public notification. 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 a boulevard cafe fronting 581-583 Markham
Street and on the Lennox Street flankage, 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, of the former
City of Toronto Municipal Code;
OR
(2)City Council deny the application for a boulevard cafe fronting 581-583 Markham Street
and on the Lennox Street flankage.
Background:
Mr. John Weingust, solicitor for Mr. Paul Kellogg, in his letter of June 5, 1998 (Appendix
'A'), has requested an appeal of staff's decision to refuse his client's application for a
boulevard cafe fronting 581-583 Markham Street and on the Lennox Street flankage.
Comments:
Mr. Joe Soloman, on behalf Mr. Paul Kellogg, President of 1276904 Ontario Ltd. o/a The
Victory Cafe, 581-583 Markham Street, Toronto, Ontario M6G 1K3, submitted an
application on February 16, 1998, requesting a licence for a boulevard cafe fronting 581-583
Markham Street and on the Lennox Street flankage.
The proposed cafe area is approximately 127.5 sq. m., as shown on the attached sketch
(Appendix 'B'). It can accommodate 29 tables with a potential seating capacity of 116
people.
This application meets the physical criteria for boulevard cafes as set out in § 313-36 of
Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto
Municipal Code.
In addition to the physical criteria, applications for boulevard cafes also require public input
to determine neighbourhood support for the proposal. Details of the notification for public
input are listed below:
Fronting 581-583 Markham Street
Where a proposed boulevard cafe is on a commercial frontage (i.e. not on a residential
flankage), the Municipal Code of the former City of Toronto requires that a public notice
must be posted on the property for not less than 14 days to determine neighbourhood
support. If a written objection is received, the application must be refused by staff, but such
refusal is subject to an appeal by the applicant.
As the portion of the cafe fronting 581-583 Markham Street is on a commercial frontage, a
14 day notice was posted on May 8, 1998, with an expiry date of May 21, 1998. Prior to the
expiry date, we received 2 letters of objection to the cafe proposal (Appendices 'C' &' D').
Lennox Street flankage of 581-583 Markham Street
In cases where a proposed boulevard cafe flanks a residential district, the Municipal Code
of the former City of Toronto requires a public poll of owners and tenants within 120 m
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 a 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.
For the Committee's information, the properties on the north side of Lennox Street between
Markham Street and Bathurst Street are commercially zoned, with a public parking lot
immediately to the east of 581-583 Markham Street (34 Lennox Street). The south side of
Lennox Street is residentially zoned and within 120 m of the proposed cafe is 567 Markham
Street. On Appendix 'E', I have indicated the residential property in relation to the proposed
café.
There is only one property that is affected, namely 567 Markham Street. Given that there is
only one person on the assessment roll, the ballot, regardless of whether it was cast or not,
would have resulted in a null poll. Under the circumstances, I have requested the City Clerk
to notify the owner of 567 Markham Street including the objectors, advising them of Mr.
Kellogg's proposal.
Conclusions:
Staff cannot issue Mr. Kellogg a licence for a boulevard cafe fronting 581-583 Markham
Street due to the negative response to the public posting.
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
Acting Assistant Director
DJG/djg
Attach
(p:\1998\ug\cws\bae\to981092.bae) - rc
