Appeal of Denial of Application for a Boulevard Cafe
- Lakeview Avenue Flankage of 1212 Dundas Street West
(Trinity-Niagara)
The Toronto Community Council recommends that City Council approve the application
for a boulevard cafe on the Lakeview Avenue flankage of 1212 Dundas Street West,
notwithstanding the negative result of the public poll, and that such approval be subject to:
(1) the applicant complying with the criteria set out in § 313-36 of the former City of
TorontoMunicipal Code, Chapter 313, Streets and Sidewalks;
(2) the patio being closed at 10:00 p.m.;
(3) there being no music outside; and
(4) the Commissioner of Works and Emergency Services reviewing this matter in one
year.
The Toronto Community Council submits the following report (February 19, 1998) from
the Director, By-law Administration and Enforcement, City Works Services:
Purpose:
To report on the business owner's appeal of staff's refusal of an application for a boulevard cafe
on the Lakeview Avenue flankage of 1212 Dundas Street West, because of a negative public
poll.
Funding Sources, Financial Implications and Impact Statement:
Not applicable.
Recommendation:
The Toronto Community Council may recommend that:
(1) City Council approve the application for a boulevard cafe on the Lakeview Avenue
flankage of 1212 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;
OR
(2) City Council deny the application for a boulevard cafe on the Lakeview Avenue flankage
of 1212 Dundas Street West.
Background:
The Toronto Community Council, at its meeting of January 21, 1998, in considering a
communication (July 12, 1997) from Ms. Kerri Larson on behalf of Mr. Jorge Dias, asked me to
report on his appeal, as a deputation item.
Comments:
Mr. Jorge Dias, owner of Cafe Aquario, 62A Primrose Avenue, Toronto, Ontario M6H 3V3,
submitted an application on March 4, 1997, requesting a licence for a boulevard cafe on the
Lakeview Avenue flankage.
The proposed cafe area is approximately 33.5 square metres, as shown on the attached sketch
(Appendix 'A'). It can accommodate 8 tables, with a potential seating capacity of 30 people.
This application meets the physical criteria for boulevard cafes set out in § 313-36 of City of
Toronto Municipal Code Chapter 313.
As the proposed cafe is within 25 metres of a residential zone, the Municipal Code requires a
public poll of owners and tenants within 120 metres 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 June 4 to July 4, 1997 was conducted on the west side of Lakeview Avenue from
Nos. 4 and 26 and on the east side of Lakeview Avenue from Nos. 15 and 37 to determine
neighbourhood support. The poll was conducted in English, French, Italian and Portuguese as
requested by the former Councillor (i.e. every person polled received the ballot form in 4
languages). The results of the poll were as follows:
Polling Summary
| Ballots cast
opposed 14
in favour 6 |
20 |
| No response |
62 |
| Returned by post office |
5 |
| Total ballots issued |
87 |
Mr. Jorge Dias was advised in writing that given the negative poll, a licence could not be issued.
Conclusions:
Staff cannot issue Mr. Jorge Dias a licence for a boulevard cafe on the Lakeview Avenue flankage
because the poll result was negative. I am satisfied the poll was conducted properly.
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.
