November 23, 1998
To:Toronto Community Council
From:Angie Antoniou, Acting Assistant Director, By-law Administration and Enforcement,
Transportation Services
Subject:Naomi's Kitchen - (a) Appeal of Denial of Application for a Boulevard Cafe
(b)Request for Extended Hours of Operation - 913 Dundas Street West, Bellwoods Avenue
Flankage (Trinity Niagara)
Purpose:
To report on (a) staff's refusal of an application for a boulevard cafe on the Bellwoods Avenue
flankage of 913 Dundas Street West, because of a negative public poll; (b) the request for
extended hours of operation of the boulevard cafe to 12:30 a.m., 7 days a week. 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 deny the application for a boulevard cafe on the Bellwoods Avenue flankage
of 913 Dundas Street West;
OR
(2)(a)City Council approve the application for a boulevard cafe on the Bellwoods Avenue
flankage of 913 Dundas Street West, notwithstanding the negative result of the public poll,
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;
(b)should City Council approve the boulevard cafe application on the Bellwoods Avenue
flankage of 913 Dundas Street West, the cafe will be required to close and clear by 11:00
p.m., 7 days a week, as set out in Municipal Code Chapter 313 of the former City of Toronto
Municipal Code; and
(c)the Commissioner of Works and Emergency Services be requested to report back at the
end of the 1999 cafe season on the operation of the cafe.
Background:
Councillor Joe Pantalone requested us to report on the denial of the boulevard cafe application
on the Bellwoods Avenue flankage of 913 Dundas Street West.
Comments:
Mr. Oswaldo Luiz, owner of Naomi's Kitchen, 913 Dundas Street West, Toronto, Ontario
M6J 1V9, submitted an application on July 7, 1998, requesting a licence for a boulevard cafe
on the Bellwoods Avenue flankage of 913 Dundas Street West. In addition, Mr. Luiz
requested a closing time restriction of 12:30 a.m., 7 days a week.
The proposed cafe area is approximately 24.75 sq. m., as shown on the attached sketch
(Appendix'A'). It can accommodate 6 tables, with a potential seating capacity of 22 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.
As the proposed cafe flanks a residential zone, the Municipal Code requires a public poll of
owners and tenants within 120 m from the proposed cafe. If the majority of the ballots cast are
in favour of the application, the application is approved. If the majority are opposed, the
Commissioner must deny the application. If there is a negative response, re-polling for the
same purpose may not take place until 2 years have passed from the closing date of the
previous poll.
A poll dated September 1, 1998 to October 1, 1998 was conducted on Bellwoods Avenue
between Nos. 132 to 176 and 131 to 169, including 913 Dundas Street West, to determine
neighbourhood support. The poll was conducted in English and French (i.e. every person
polled received the ballot form in 2 languages). The results of the poll were as follows:
Polling Summary
Mr. Oswaldo Luiz was advised in writing on October 29, 1998, that given the negative poll, a
licence could not be issued. Furthermore, Mr. Luiz was advised that a further application for a
boulevard cafe on the Bellwoods Avenue flankage of 913 Dundas Street West could not be
considered for 24 months from the closing date of the public poll which was October 1, 1998.
The City Clerk's office has notified the owners and occupants within 120 m along both sides
of Bellwoods Avenue from the proposed boulevard cafe, advising them of Mr. Luiz's request.
Staff cannot issue Mr. Luiz a licence for a boulevard cafe on the Bellwoods Avenue flankage
because the poll result was negative.
On hearing the deputations, the Toronto Community Council must decide whether or not to
recommend that City Council grant the appeal for the operation of a boulevard cafe on the
Bellwoods Avenue flankage of 913 Dundas Street West, including the request to extend the
operating hours to 12:30a.m., 7 days a week.
