October 29, 1998

To:Toronto Community Council

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

Subject:Appeal of Denial of Application for a Boulevard Cafe - 718 College Street (Trinity-Niagara)

Purpose:

To report on staff=s refusal of an application for a boulevard cafe at 718 College Street, because a written objection was received in response to the public notification. As this matter is of public interest, it is scheduled as a deputation item.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendation:

1.That City Council deny the application for a boulevard cafe at 718 College Street;

OR

2.(a)That City Council approve the application for a boulevard cafe at 718 College Street, 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; and

(b)That, should City Council approve a boulevard cafe application at 718 College Street, the licensed boulevard cafe area at 720 College Street be reduced to 2.3 m in width, consistent with the width of the cafe area proposed for 718 College Street; and

(c)That the cafe operator at 720 College Street be notified of the proposed reduction in the width of the cafe area and be given the opportunity to appear before the Toronto Community Council.

Background:

Councillor Joe Pantalone, in his communication of September 24, 1998, requested us to report directly to the Toronto Community Council on the denial of the boulevard cafe application at 718College Street.

Comments:

Mr. David DaCosta Alves, 676830 Ontario Ltd., o/a Bocas Cafe, 718 College Street, Toronto, Ontario M6G 1C3, submitted an application on June 26, 1998, requesting a licence for a boulevard cafe at 718 College Street for an area approximately 9.5 sq. m., as shown on the attached sketch (Appendix >A=). It can accommodate 2 tables, with a potential seating capacity of 9 people.

This application meets the physical criteria for boulevard cafes as set out in ' 313-36 of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code.

Chapter 313 of the former City of Toronto Municipal Code requires that where the cafe proposal is located on a commercial frontage, 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.

A notice was posted on July 29, 1998, with an expiry date of August 11, 1998, to determine neighbourhood support. Prior to the expiry date of the notice, one letter of objection (Appendix >B=) was received in opposition to the proposed cafe.

Mr. Alves was advised in writing that because of the negative response, we could not issue a licence.

In response to the complainant=s concerns pertaining to sidewalk congestion, I advise that there is an in-ground City-owned tree fronting 718 College Street and a transit pole. There is also a transit shelter situated at the curb which fronts both 718 and 720 College Streets. Of note, a boulevard cafe licence has been issued to the abutting business operator at 720 College Street on April 9, 1998. In addition, the cafe operator at 720 College Street has been licensed for cafe privileges on the Crawford Street flankage of the property. On Appendix >A=, I have indicated the licensed cafe area fronting 720 College Street, the proposed cafe area fronting 718 College Street and the physical characteristics of the location (i.e. in-ground tree, transit shelter, etc.) in relation to the proposed and licensed cafe areas.

One of the provisions of ' 313-36 of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code is that boulevard cafes located within the City street allowance shall not extend beyond a line located 0.46 m back of and parallel to the sidewalk and that is not less than 2.1 m from the curb. The Department=s policy is to provide a minimum 2.13 m clearance from the curb and/or any street furnishings (i.e. trees, utility poles, benches, etc.) in order to maintain adequate pedestrian space.

Given the position of the in-ground tree in relation to the transit shelter and taking into consideration the clearance requirements as described above, the proposed cafe at 718 College Street will therefore be required to be set back further than the licensed cafe at 720 College Street. As such, a meandering sidewalk path for pedestrians results, thus making it more difficult for people with disabilities.

Conclusions:

Staff cannot issue a licence for a boulevard cafe at 718 College Street due to the negative response to the public posting.

Should the Toronto Community Council decide to recommend approval of the cafe at 718 College Street, it may be appropriate to reduce the width of the licensed cafe at 720 College Street to 2.3 m to be consistent with the width of the proposed cafe at 718 College Street. The resultant straight line of boulevard cafe fences would afford a more amenable walking environment.

As licence holders must be given the opportunity to be heard before a Committee or Council prior to cancellation or amendment of their licence, it will necessary to notify the cafe operator at 720College Street of the proposed change in the width of their cafe area fronting 720 College Street.

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

KM/ba

Attach

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