July 9, 1998
To:Toronto Community Council
From:Angie Antoniou, Acting Assistant Director, By-law Administration and
Enforcement, City Works Services
Subject:Various Uses of the City Street Allowance - 1930, 1975, 1982, 2024, 2026 and
2028 Queen Street East (East Toronto)
Purpose:
To report on:
(1)the business owner's appeal of staff's refusal of an application for a boulevard cafe at
2028 Queen Street East, "Honey Bee Chinese Food Restaurant";
(2)the business owner's appeal of staff's refusal of an application for a boulevard cafe on
the Waverley Road flankage of 1975 Queen Street East, "Mr. Submarine Limited";
(3)the business owner's appeal of staff's refusal of an application for a boulevard cafe
fronting 1982 Queen Street East, "7th Wave Bistro", and the fence application; and
(4)the review of the licenced uses of the City street allowance adjacent to:
(a)1930 Queen Street East, "Ends"
(b)2024 Queen Street East, "Karas Restaurant"
(c)2026 Queen Street East, "Ice Cream Cafe".
Items (1) and (3) are of public interest and are scheduled as deputation items.
Funding Sources, Financial Implications and Impact Statement:
Not applicable.
Recommendations:
The Toronto Community Council may recommend that:
(1)(a)City Council approve the application for a boulevard cafe at 2028 Queen Street East,
notwithstanding the objections received in 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
(b)City Council deny the application for a boulevard cafe at 2028 Queen Street East.
(2)The current business operator at 1975 Queen Street East be required to submit a
boulevard cafe application and such application be processed in accordance with § 313-36 of
Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto
Municipal Code;
(3)(a)City Council approve the application for a boulevard cafe at 1982 Queen Street East,
notwithstanding the objections received in 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
(b)City Council deny the application for a boulevard cafe at 1982 Queen Street East;
(4)That the licensed uses of the street allowance abutting 1930, 2024 and 2026 Queen
Street East continue.
Background:
The former City of Toronto Council, at its meeting of September 22 and 23, 1997, in
considering Clause 87 of Report No. 11 of the former City of Toronto City Services
Committee, adopted the Committee's recommendations and in so doing:
(1)denied the appeal for a boulevard cafe at 2028 Queen Street East, at the time.
(2)denied the appeal for a boulevard cafe on the Waverley Road flankage of 1975 Queen
Street East, at the time.
(3)denied to maintain a 1.0 m high fence within the City boulevard fronting 1982 Queen
Street East at the time but permitted the planters to remain and required the property owner
to remove or relocate the fence from the City street allowance onto private property.
(4)requested the Commissioner of City Works Services to review the operation of the
patios/boulevards at 1930, 2024 and 2026 Queen Street East and to report on the operation
of these locations to the Toronto Community Council.
In addition, the former City of Toronto Council directed that the applications of the
foregoing establishments identified in Recommendations 1, 2 and 3, be reconsidered by the
Toronto Community Council.
Comments:
I will address each of the locations individually.
Boulevard Cafe Appeal - 2028 Queen Street East
Ms. Dora Kam Ta Wong submitted an application on April 30, 1997 requesting a licence
for a boulevard cafe fronting 2028 Queen Street East.
As the proposed cafe was not within 25 metres of a residential zone, the former City of
Toronto Municipal Code required that a public notice be posted at the location for a period
of not less than 14 days in order to determine neighbourhood support for the proposal. If a
written objection is received, the Commissioner must refuse the application.
A 14 day public notice was posted on May 29, 1997 with an expiry date of June 12, 1997.
Prior to the expiry date of the notice, the Department received 2 letters of objection in
opposition to the cafe proposal and a petition containing 14 signatures of residents in the
area objecting to the proposed cafe.
Ms. Wong was advised in writing because of the negative response we could not issue a
licence.
Subsequently, the former City of Toronto Council, at its meeting of September 22 and 23,
1997, denied the application at that time.
For your Committee's information, the application meets the physical criteria for boulevard
cafes contained in § 313-36 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 cafe fronting 2028 Queen Street East.
Boulevard Cafe Appeal - 1975 Queen Street East
Mr. Stephen Levinson, solicitor for Mr. Stamatios Kalathenos, owner of Mr. Submarine
Limited, 1975 Queen Street East, Toronto, Ontario M4L 1J1, submitted an application on
April 3, 1997 requesting a licence for a boulevard cafe on the Waverley Road flankage.
Given that the location was not within 25 metres of a residential property, a public notice
was posted at the property on May 6, 1997 with an expiry date of May 19, 1997. Prior to the
expiry date of the notice, the Department received 3 letters of objections in opposition to the
cafe proposal. The Department also received 2 letters of objection, one of which contained a
petition of 14 signatures objecting to the proposed cafe, after the expiry date of the notice.
Mr. Levinson was advised in writing that given the lack of neighbourhood support, a
licence could not be issued to his client, Mr. Kalathenos.
Subsequently, Mr. Levinson appealed staff's decision to refuse his client's application for a
boulevard cafe licence, and the former City of Toronto Council, at its meeting of September
22 and 23, 1997, denied the application at that time.
The business at 1975 Queen Street East has changed ownership and the new owner, as of
May 1, 1998, is Mr. Mohammad Bidhendi, who is also interested in obtaining a boulevard
cafe licence. On June 24, 1998, inspection found that Mr. Bidhendi had placed tables and
chairs within the City boulevard on the Waverley Road flankage of 1975 Queen Street East,
without the authority to do so and accordingly, Mr. Bidhendi was requested to remove the
cafe furnishings. The tables and chairs were removed in the presence of the inspector.
The former City of Toronto Council, at its meeting of October 6, 1997, approved an
amendment to Municipal Code Chapter 313, Streets and Sidewalks, of the former City of
Toronto Municipal Code, pertaining to the polling regulations (By-law 1997-0633). The
current regulations require that a poll be conducted if the proposed boulevard cafe is to be
located on a residential flankage.
Since the original applicant sold the business, the initial appeal from the previous owner is
null and void. Therefore, the current business operator of 1975 Queen Street East must
submit a boulevard cafe application. Such application will be processed in accordance to
Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto
Municipal Code.
Fence and Boulevard Cafe Application - 1982 Queen Street East
Mr. Gallos operates a restaurant, 7th Wave Bistro, at 1982 Queen Street East, and an
outdoor front yard patio on private property between the building wall and the front lot line.
The operation of this patio is permitted under the Zoning By-law and is therefore, not
licenced by the Department as a boulevard cafe.
An application was submitted on March 16, 1998, requesting a licence for boulevard cafe
fronting 1982 Queen Street East.
The application met the physical criteria for boulevard cafes set out in § 313-36 of
Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto
Municipal Code and a notice was posted on March 25, 1998 for 14 days, to determine
neighbourhood support. Prior to the expiry date of the notice, the Department received 4
letters of objection.
Mr. Gallos was notified in writing on May 4, 1998 that we could not issue a licence because
of the negative response to the public posting.
On hearing the deputations, the Toronto Community Council must decide whether or not to
recommend to City Council to approve the boulevard cafe at 1982 Queen Street East.
I advise that Mr. Gallos submitted an application in 1995 for the installation of planters
fronting 1982 Queen Street East. A permit for the construction of the planters was issued on
March 14, 1995 and an encroachment agreement was executed on October 30, 1996.
However, a fence was constructed instead of the planters. An application to maintain the
fence was made on April 11, 1997 and was the subject of our report of July 9, 1997 to the
former City Services Committee. At its meeting of September 22 and 23, 1997, the former
City of Toronto Council refused this application and required the property owner to remove
or relocate the fence from the City street allowance onto private property.
Mr. Gallos complied with Council's request and the fence is now located totally on private
property.
For your Committee's information, should City Council approve the boulevard cafe at this
location, a fence must be erected around the perimeters of the cafe area.
Operation of Licenced Commercial Boulevard Parking and Marketing - 1930 Queen Street
East
A licence for boulevard marketing fronting 1930 Queen Street East and on the Elmer
Avenue flankage and a licence for commercial boulevard parking on the Elmer Avenue
flankage of the location were issued to Mr. Harold Weisfeld, o/a Ends, on May 18, 1994 and
December 10, 1996, respectively.
The licence for commercial parking allows for the parking of a motor vehicle to be parked
parallel to the roadway. The licence for boulevard marketing provides permission to occupy
80.08 sq. m. of City boulevard for the purpose of displaying merchandise. On Appendix 'A',
we denoted the licensed areas.
Because of complaints about excessive marketing, staff have had to inspect 1930 Queen
Street East at various times since the boulevard marketing licence was issued. Our records
show that charges have been laid in the past and most recently on June 7, 1998.
In discussion with Mr. Weisfeld, we were assured that the marketing will be confined
within the limits of the approved marketing area.
With respect to the parking, inspections show that parking was occurring in conformity to
the boulevard parking licence.
Operation of Licenced Boulevard Cafe - 2024 Queen Street East
A licence for a boulevard cafe fronting 2022-2024 Queen Street East was issued to
Mr. Steve Vardouniotis, o/a Karas Restaurant, on July 12, 1993. Mr. Vardouniotis submitted
an application in December 1995 to extend his cafe and subsequently, on March 1, 1996, he
received permission to occupy 13 sq. m. of City street allowance, capable of accommodating
3 tables with a potential seating capacity of 11 people as shown on the attached sketch
(Appendix 'B').
The cafe has operated without incident.
Operation of Licenced Boulevard Marketing - 2026 Queen Street East
A licence for boulevard marketing, fronting 2026 Queen Street East, was issued to
Mr. Michael Chang, o/a Ice Cream Cafe, on March 29, 1996.
The licence is for permission to occupy 4.67 sq. m. of City street allowance, as shown on
the attached sketch (Appendix 'C').
Our records show that no complaints have been received pertaining to the merchandise
display area.
Conclusions:
Staff cannot issue the business owners of 2028, 1975, and 1982 Queen Street East licences
for boulevard cafes because of the negative response to the public notice posting.
On hearing the deputations, the Toronto Community Council must decide whether or not to
recommend that City Council grant the applicant's appeal for the boulevard cafe at 2028 and
1982 Queen Street East. In addition, the business owner of 1975 Queen Street East should
submit an application and the application be processed in accordance with Municipal Code
Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code.
Having regard that the licensed patios/boulevards at 1930, 2024 and 2026 Queen Street East
operated with little or no incidents since the licences were issued, the licences for these
location should be allowed to continue.
Contact Name and Telephone Number:
Ken McGuire, 392-7564
Acting Assistant Director
DJG
Attach
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