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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