October 1, 1998

To:Toronto Community Council

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

Subject:Request for Raised Deck Installations for Boulevard Cafes (All Wards in the former City of Toronto)

Purpose:

To report on permitting outdoor boulevard cafe decks in the former City of Toronto road allowances. As this is a matter of public interest, it is scheduled as a deputation item.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendations:

The Toronto Community Council may recommend that:

1.City Council approve the proposed criteria for boulevard cafe decks as set out in the body of this report;

2.Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code be amended to incorporate the criteria set out in the body of this report;

3.All boulevard cafe owners be required to comply with the proposed criteria for boulevard cafe decks, with the exception of the boulevard cafe decks previously approved by the former City Council; and

4.The appropriate City Officials be authorized to take the necessary action to give effect to the above, including the introduction of any bills in Council.

Background:

Boulevard cafes provide a significant contribution to animating street activity. It is the policy of this Department to accept applications for construction of removable decks where there is a substantial slope in the sidewalk abutting the establishment, which could result in a potential safety hazard for patrons.

Given the proliferation of these requests and to ensure that the physical connection between the cafe and adjacent pedestrian activity is maintained, this report recommends amendments to Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code, to incorporate specific criteria in the Municipal Code for the construction of decks in the Toronto District, within the road allowance.

Comments:

Current Regulations/Policy

Boulevard Cafes are governed by the provisions set out in Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code, which, in part, stipulates as follows:

313-36E

"(1)The owner or occupant shall pave and maintain any portion of the boulevard to be used for the purpose of the boulevard cafe to the satisfaction of the Commissioner.

(2)Where the owner or occupant places outdoor carpeting, artificial turf or other similar surface material upon the paved surface of any portion of the boulevard:

(a)The surface material shall not be affixed in any way to the paved surface and shall be maintained in a condition satisfactory to the Commissioner.

(b)The surface material shall be designed and installed to prevent hazardous conditions at any entrance to a boulevard cafe area.

(c)The surface material shall be removed from within the street allowance when the boulevard cafe ceases to be in regular daily use."

As I indicated earlier, it is this Department's policy to accept applications for construction of removable decks where there is a substantial slope in the sidewalk abutting the establishment, which could result in a potential safety hazard for patrons. Applications of this nature are reviewed on their own merits and are reported to the Toronto Community Council for recommendation to City Council.

In the past couple of years, we have received a number of requests from cafe operators for permission for elevated cafe structures in the road allowance. The majority of these requests were not for operational reasons (i.e. substantial slope, etc.), but rather to increase visibility of the cafe.

However, notwithstanding this, some proceeded to construct removable decks without authorization. As these boulevard cafe decks are another physical obstruction to the street allowance and pose various problems with respect to access for wheelchairs and the disabled, a specific criteria on the construction of boulevard cafe decks must be established.

Proposed Physical Criteria for the Construction of Decks

In preparing the proposed criteria for the construction of boulevard cafe decks, we have consulted with representatives of major public utilities (i.e. Bell Canada, Consumers Gas and Toronto Hydro) and representatives of Urban Planning and Development Services and with representatives of the former City of Toronto Action Committee for People with Disabilities.

The following proposed criteria takes into consideration all comments submitted by these representatives:

1.Boulevard cafe decks only be permitted on sidewalks or boulevards that exceed a slope of 5%;

2.The deck should be no higher than what is required to accommodate a level area and the deck framing members (which should be the minimum depth required);

3.Where the distance between grade and the top of the deck is greater than the total thickness of the deck and framing members, a skirt or screen should be provided;

4.When wood is used for the decking, skirt, uprights or railing, it should be treated, painted or stained;

5.When wood is used for uprights, post widths should not exceed 0.10 m x 0.10 m (4 x 4inches), top and bottom railings should not exceed 0.06 m x 0.09 m (2.5 x 3.5 inches), and pickets or balusters should not exceed 0.04 m x 0.04 m (1.5 x 1.5 inches); the spacing between the pickets or balusters should not exceed 0.10 m (4 inches);

6.A minimum width of 1.03 m (3.3 ft.) break in the railing must be provided at the high side of the slope to provide wheelchair access;

7.Boulevard cafe decks are not to be constructed over existing underground services (i.e. Hydro vaults, chambers, maintenance holes, etc.) unless written approval is given by the public utility;

8.Should future installation of services within the boulevard area be required, the boulevard cafe owner, upon receipt of a 30 day notice, be required to remove the boulevard cafe deck;

9.The boulevard cafe deck be removed at the end of the cafe season;

10.The boulevard cafe owner be required to enter into an agreement with the City of Toronto.

Under the former City of Toronto's "Specifications for the Construction of Sidewalk Pavement and Curb" and the "Accessibility Design Guidelines", the recommended gradient for sidewalks is between 2-4 % cross fall and 4% for ramp gradient at corners. Therefore, the recommended slope for boulevard cafe decks is 5% and over.

The proposed criteria also recognizes that unassisted entrance and egress for persons with disabilities must be provided.

These criteria should also be used in conjunction with the existing boulevard cafe Guidelines published in June 1989 (copy on file with the City Clerk).

For your Committee's information, Appendix 'A' attached to this report illustrates the proposed criteria for boulevard cafe decks.

All boulevard cafe licence holders have been notified by the City Clerk of the proposed criteria for boulevard cafe decks.

Conclusion:

Boulevard cafes provide an animating element and are a desirable addition to sidewalk environments. At the same time, it is important to maintain the physical connection between the cafe and adjacent pedestrian activity. The proposed criteria for boulevard cafe decks ensures that this connection is maintained as well as providing accessibility to both patrons of the cafe and its staff.

The recommendation to amend Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code clearly provides the guidelines as to how a location may qualify for the construction of boulevard cafe decks.

Contact Name and Telephone Number:

Angie Antoniou, 392-1525

Acting Assistant Director

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