September 3, 1998

To:Toronto Community Council

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

Subject:Appeal of Denial of Application for a Boulevard Cafe - 139-141 Danforth Avenue

(Don River)

Purpose:

To report on the business owner's appeal of staff's refusal of an application for a boulevard cafe at 139-141 Danforth Avenue, because written objections were received in response to the public notification. As applicants must be given the opportunity to be heard before Toronto Community Council, this matter is scheduled as a deputation item.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendation:

Toronto Community Council may recommend that:

(1)City Council approve the application for a boulevard cafe at 139-141 Danforth Avenue, as illustrated in Appendix 'A', 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 at 139-141 Danforth Avenue.

Background:

Mr. John Worthen Maxwell, The Irish Pub Group Inc., 141 Danforth Avenue, Toronto, Ontario M4K 1N2, in his letter of July 30, 1998 (Appendix 'B'), has requested an appeal of staff's decision to refuse an application for a boulevard cafe at 139-141 Danforth Avenue.

Comments:

Ms. Dora Keogh, The Irish Pub Group Inc., 141 Danforth Avenue, Toronto, Ontario M4K 1N2, submitted an application on May 11, 1998, requesting a licence for a boulevard cafe fronting 139-141Danforth Avenue for an area of approximately 5.78 square metres of sidewalk, as shown on the attached sketch (Appendix 'A'). It can accommodate 1 table, with a potential seating capacity of 5 people.

Chapter 313 of the former City of Toronto Municipal Code requires that where the cafe proposal is not within 25 metres of a residential district, a 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.

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 June 16, 1998 for 14 days to determine neighbourhood support. Prior to the expiry date of the notice, we received 4 letters of objection (Appendices 'C' to 'F').

Ms. Keogh was advised in writing that because of this negative response, we could not issue a licence.

Conclusions:

Staff cannot issue a boulevard cafe licence at 139-141 Danforth Avenue 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

GPC/gc

Attach

(p:\1998\ug\cws\bae\to981126.bae) - ba