The Toronto Community Council recommends that City Council deny the application for a boulevard cafe on the Tarlton Road flankage of 495 Eglinton Avenue West.

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 Tarlton Road flankage of 495 Eglinton Avenue 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 Tarlton Road flankage of 495 Eglinton Avenue West, notwithstanding the negative result of the public poll, and that such approval be on condition that the applicant holds a valid business licence from the Metro Licensing Commission, and 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 Tarlton Road flankage of 495 Eglinton Avenue West.

Background:

The Toronto Community Council, at its meeting of January 21, 1998, in considering a communication (July 12, 1997) from Ms. Kerri Larson acting on behalf of Mr. Stephen Costa, asked me to report on his appeal, as a deputation item.

Comments:

Mr. Stephen Costa, President, Autogrill Cafe, 495 Eglinton Avenue West, Toronto, Ontario M5N 1A7, submitted an application on April 3, 1997, requesting a licence for a boulevard cafe on the Tarlton Road flankage.

The proposed cafe area is approximately 111.18 square metres, as shown on the attached sketch (Appendix 'A'). It can accommodate 25 tables, with a potential seating capacity of 100 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 May 13 to June 12, 1997 was conducted on the east side of Tarlton Road from Nos. 19 and 39 Tarlton Road and on the west side of Tarlton Road from Nos. 22 and 42 Tarlton Road to determine neighbourhood support, as follows:

Polling Summary

My staff also received a letter dated May 16, 1997, from an area resident within the prescribed polling area who expressed concerns about the negative side effects on the surrounding community if a boulevard cafe licence was issued. These might include increased noise, traffic and more illegal parking on Tarlton Road.

Mr. Stephen Costa was advised in writing that given the negative poll, a licence could not be issued.

The Metro Licensing Commission also advise that as of February 4, 1998, no business licence has been issued for the premises. The restaurant owner has recently been charged for operating without a Metro licence, and has subsequently reactivated the file with the Commission.

Conclusions:

Staff cannot issue Mr. Stephen Costa a licence for a boulevard cafe on the Tarlton Road flankage because the poll result was negative. I am satisfied that the public poll was conducted properly, and ballots were available in the two official languages.

On hearing the deputations, the Toronto Community Council must decide whether or not to recommend that City Council grant the appeal and issue the licence. However, should Council decide to approve the application, I am recommending that no licence be granted until the business has obtained a licence from the Metro Licensing Commission.

Contact Name and Telephone Number:

Ken McGuire, 392-7564.

The Toronto Community Council reports, for the information of Council, having also had before it during consideration of the foregoing matter, the following communications, copies thereof are on file in the office of the City Clerk:

- (March 27, 1998) from Ms. Ruth MacKneson;

- (March 27, 1998) from Jan V. Matejcek and Ivana Hanja Matejcek;

- Petition from 42 residents of Tarlton Road;

- (Undated) from Myrna and William Collins;

- (March 27, 1998) from Antoine Darcy;

- (Not dated) from Mr. Steven Costa; and

- (March 31, 1998) from Ms. Kerri Larson

The following persons appeared before the Toronto Community Council in connection with the foregoing matter:

- Ms. Ruth Gelber, Toronto, Ontario;

- Mr. Bill Knights, Toronto, Ontario;

- Mr. Stephen Costa, President, Autogrill Cafe Incorporated; and

- Mr. Giancarlo Bastone, Owner/Manager, Autogrill Cafe Incorporated.