October 28, 1998

To:Toronto Community Council

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

Subject:Application for a Curblane Vending Permit - James Street, east side, 84.5 metres north of Queen Street West (Downtown)

Purpose:

To report on an appeal of staff=s refusal of a curblane 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. Kancho Kolev, for curblane vending on James Street, east side, 84.5 metres north of Queen Street West, notwithstanding the objection received by the adjoining property owner.

Background:

Mr. Martin Z. Goose, Barrister, Solicitor, Notary Public, acting on behalf of Mr. Kancho Kolev, in his letter of October 7, 1998 (Appendix >A=), has requested an appeal of staff=s decision to refuse Mr. Kolev=s application for a curblane vending permit on James Street, east side, 84.5metres north of Queen Street West.

Comments:

Mr. Kancho Kolev, 100 Cavell Avenue, Apartment #712, Etobicoke, Ontario M8V 3V6, applied on July 15, 1998 for a curblane vending permit on James Street, east side, 84.5 metres north of Queen Street West, as shown on the attached sketch (Appendix >B=). Mr. Kolev proposes to vend hamburgers, hot dogs, sausages, ice cream, chips and drinks.

As the application complies with the physical and administrative requirements of former City of Toronto Municipal Code Chapter 315, Street Vending, we notified the adjacent property owner for their comments, if any. Mr. Eamon Kelly, Vice President & General Manager, Toronto Eaton Centre, 220 Yonge Street, Suite 110, Box 511, Toronto, Ontario M5B 2H1, on behalf of Cadillac Fairview, has submitted a letter of objection dated July 30, 1998 (Appendix >C=) 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. Kolev 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.Kelly=s concerns, they are summarized below along with the staff=s response:

Concern # 1:The proposed vending location will adversely effect existing businesses in the immediate vicinity

Staff Response:Municipal Code Chapter 315, Street Vending, of the former City of Toronto Municipal Code, requires a minimum separation of 25 metres between a vending location and a business selling similar products.

The proposed vending location is 28.2 m from The Duke of Richmond Restaurant and Cafe on James Street.

Concern # 2:The proposed vending location would create more garbage in the area

Staff Response:Municipal Code Chapter 315, Street Vending, of the former City of Toronto Municipal Code, requires a trash receptacle be provided by the vendor for food vending permits.

Concern # 3:The proposed vending location would mean an additional vendor in the vicinity of their building

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

The proposed vending location is 52.8 m from the licensed vendor at the north west corner of Albert Street and James Street.

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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