September 2, 1998

To:Toronto Community Council

From:Angie Antoniou, Acting Assistant Director, By-law Administration and Enforcement, City Works Services

Subject:Application for a Sidewalk/Boulevard Vending Permit - Bay Street, west side, 41metres north of Front Street West (Downtown)

Purpose:

To report on an appeal of staff's refusal of a sidewalk/boulevard vending application, which was denied because a written objection was received. As this is an appeal, it is scheduled as a deputation item.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendation:

It is recommended that a permit be issued to Mr. Stylianos Papadeles for sidewalk/boulevard vending on Bay Street, west side, 41 metres north of Front Street West, notwithstanding the objection received by the adjoining property owner.

Background:

Mr. Stylianos Papadeles has requested an appeal of staff's decision to refuse an application for a sidewalk/boulevard vending permit on Bay Street, west side, 41 metres north of Front Street West.

Comments:

Mr. Stylianos Papadeles, 585A Jones Avenue, Toronto, Ontario, M4J 3H4, applied on June 3, 1998 for a sidewalk/boulevard vending permit on Bay Street, west side, 41 metres north of Front Street West, as shown on the attached sketch (Appendix 'A'). Mr. Papadeles proposes to vend souvenirs, sun glasses, toys and t-shirts.

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 P. Jan Krog, Real Estate Operations, National Manager, Building Operations and Management, Royal Bank, P.O. Box 196, #128 Upper Concourse Level, Toronto, Ontario M5J2J4, has submitted a letter of objection dated July 17, 1998 (Appendix 'B') 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. Stylianos Papadeles and confirm that we cannot issue a vending permit under Municipal Code Chapter 315, Street Vending, of the former City of Toronto Municipal Code, because we have received a letter of objection.

In order to assist your Committee with the evaluation of Mr P. Jan Krog's concerns, they are summarized below along with the staff's response.

Concern #1:The proposed vending location is just a few metres south of an existing hot dog vendor at Wellington Street West

Municipal Code Chapter 315, Street Vending, of the former City of Toronto Municipal Code, requires a 25 metres minimum separation from other vendors.

The proposed vending location is 84 metres south from the licensed vendor at the corner of Bay Street and Wellington Street West.

Concern #2:The proposed vending location would be partially on private land owned by Royal Bank Plaza Holdings Ltd.

Municipal Code Chapter 315, Street Vending, of the former City of Toronto Municipal Code, requires 3.66 metres of paved passable space to be maintained for pedestrian movement and that the vendor be situated on the public road allowance.

The proposed vending location is situated on the public road allowance, at the property line and maintains 2.3 metres from the curb and an additional 4.3 metres from the building wall, creating a total of 6.6 metres of paved passable space.

Concern #3:The proposed vending location would make the area unsafe during building maintenance, window washing and create a liability in respect to claims

Municipal Code Chapter 315, Street Vending, of the former City of Toronto Municipal Code, requires the vendor to provide a certificate of comprehensive general liability insurance, in an amount of not less than $1,000,000 prior to a permit being issued.

Concern #4:The proposed vending location would create a liability in respect to close proximity to fire exits and pedestrian access to the mall

Municipal Code Chapter 315, Street Vending, of the former City of Toronto Municipal Code, requires that the proposed vending location not be situated in front of any entrance or exit.

The proposed location is 9 metres from the exit/entrance to the building.

Concern #5:The proposed vending location would create further congestion if utility companies park their vehicles on the sidewalk when servicing underground utilities

Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code, requires construction and maintenance companies to first obtain a permit before using the public road allowance. It further stipulates that any person authorized by a public utility may enter the vending area at any time without compensation to the permit holder, for the purpose of maintenance or repair.

Concern #6:The proposed vending location would create a garbage problem on private property

Municipal Code Chapter 315, Street Vending, of the former City of Toronto Municipal Code, requires a trash receptical be provided only for food vending permits.

The vendor proposes to vend souvenirs, sun glasses, toys and t-shirts.

Concern #7:The proposed vending location would create an eyesore

Municipal Code Chapter 315, Street Vending, of the former City of Toronto Municipal Code, requires the vendor to maintain the area and adjacent pavement, sidewalk and boulevard in a clean and sanitary condition.

By-law enforcement officers routinely monitor all licensed vending locations.

Concern #8:The proposed vending location would detract from the tidy appearance of their street frontages

Municipal Code Chapter 315, Street Vending, of the former City of Toronto Municipal Code, requires the proposed locations not to be in front of a name, municipal number, or display window.

The proposed location meets these requirements.

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

Acting Assistant Director

LF/bj

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