The Toronto Community Council recommends adoption of the following report (March 19, 1998) from the Director, By-law Administration and Enforcement, City Works Services:

Purpose:

To report on and seek approval for a request for both a boulevard cafe licence and marketing enclosure on the St. Andrew Street flankage of 350 Spadina Avenue. As the applicant would like an opportunity to address the Community Council, it is scheduled as a deputation item.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendation:

It is recommended that City Council approve the applications for both a boulevard cafe and marketing enclosure on the St. Andrew Street flankage of 350 Spadina Avenue, subject to the applicant complying with the criteria in Municipal Code Chapter 313, including the possession of a valid business licence from the Metropolitan Licensing Commission.

Background:

Mr. Peter Chee, on behalf of Mr. Thoi Nguyen, owner of Phuc Loi Company Ltd., o/a Pho Hung Restaurant & Market, 350 Spadina Avenue, Toronto, Ontario M8Y 3N8, submitted applications on

August 1, 1997, requesting a licence for a boulevard cafe and permission to construct a merchandise display canopy on the St. Andrew Street flankage of 350 Spadina Avenue. Staff support the proposal, as amended.

We are reporting on this request because it is unique and its approval would set a precedent for use of the City boulevard. The Municipal Code currently permits both boulevard cafes and temporary marketing enclosures, subject to certain conditions; however, this is the first application we have received to license both uses at the same location. The Municipal Code is silent on the issue of whether two licences for different uses of the boulevard may be issued at the same location.

Comments:

A sketch of the proposal, as amended following review and discussions with City staff, is included as Appendix 'A'. The overall concept is for a restaurant, inside the building at 350 Spadina, which will have a small area set aside for the sale of foodstuffs and other merchandise, such as dry and cut flowers, and souvenirs.

Related to these two interior functions, the applicant proposes a large enclosed marketing area on the City boulevard which would operate year round, as well as an open cafe, which would operate only during the warm weather months of the cafe season.

The marketing enclosure would replace an existing structure on the St. Andrew Street flankage of 350 Spadina Avenue. The existing canopy was constructed in 1972, is in a deteriorated condition and should be removed in any event.

The report provides details of each component, as amended, and comments on the unique nature of this request.

Boulevard Cafe Application:

The proposed cafe area is approximately 31.2 sq. m., as shown on the attached sketch (Appendix 'A'). It can accommodate 7 tables with a potential seating capacity of 30 people.

The application meets the physical criteria for boulevard cafes set out in § 313-36 of City of Toronto Municipal Code Chapter 313.

The applicant has submitted an application to the Metropolitan Licensing Commission, however, to-date, no business licence has been issued for the premises.

Application For Temporary Marketing Enclosure (Canopy):

The applicant's original proposal was to enclose the boulevard on the St. Andrew Street flankage with two marketing canopies extending from the proposed cafe area to the end of the building, and separated by the entrance on St. Andrew Street leading to the 2nd and 3rd floors (Areas 1 & 2 on Appendix 'A'). The applicant proposed that Area 2 be used as a storage area.

Staff had some concerns with the original proposal:

(a) the Municipal Code does not permit shopkeepers to store their merchandise in the public right of way; it must be stored on private property.

(b) Urban Development Services raised a number of fire safety issues, related to exits and windows, as well as concerns about the structural details and choice of materials.

(c) Toronto Hydro requested a minimum clearance of 0.3 m between their utility pole and the proposed canopy.

Staff met with the architect and applicant in order to discuss and resolve these issues. Subsequently, Mr. Chee submitted revised drawings satisfactory to Urban Development Services and showing the clearances requested by Toronto Hydro. In addition, Mr. Chee has eliminated the storage area.

Prior to obtaining a permit allowing for the construction of the canopy, the applicant must obtain a boulevard marketing licence which includes the area enclosed within the canopy.

Why This Proposal is Unique:

This request is unusual because:

(a) it includes two distinct uses on the boulevard at the same address.

(b) the marketing area on the exterior is much larger than the space devoted to marketing inside the building, by a ratio of approximately 4:1. Typically, the area licensed for marketing outside a store, is a small fraction of the total merchandising area within the store.

However, Mr. Chee believes that this dual use of the business for a restaurant and marketing replicates the elements of other restaurants on Spadina Avenue, and echoes the marketing activity which is typical of Kensington Market, to the west. He also argues that this development, in its totality, would provide a better entrance to Kensington Market from St. Andrew Street.

This proposal was discussed briefly at a recent meeting of the Kensington Market Street Scape Committee. Committee members, who are local residents and business owners in the area had identified the existing canopy as unsightly and possibly unsafe and supported the applicant's proposal to replace it with something more aesthetically pleasing.

Conclusions:

This is a unique request to license both enclosed marketing and an open cafe on the boulevard on the St. Andrew Street flankage of 350 Spadina Avenue. Staff have worked with the applicant to modify the proposal to meet all our safety and design concerns. We support the proposal and believe that it will be an improvement to this corner, particularly since the present structure is old and dilapidated.

We are reporting on these joint requests because of their unique and precedent setting nature and because the Municipal Code is silent on the issue of whether one location may hold licences for both uses. However, on the merits of the concept, we are recommending that City Council approve both applications.

Contact Name and Telephone Number:

Ken McGuire, 392-7564

Mr. Peter Chee, Toronto, Ontario appeared before the Toronto Community Council in connection with the foregoing matter.