The Toronto Community Council recommends that the applicant be granted permission to erect a temporary patio subject to:

(1) the Commissioner of Works and Emergency Services reporting to the meeting to be held by the Toronto Community Council on June 24, 1998 on any problems with the establishment at 2827 Dundas Street West;

(2) the owners being prohibited from playing music on the patio or having any music emanating from within the cafe;

(3) the patio being closed and cleared by 11:00 p.m.; and

(4) the owners installing and maintaining garbage and recycling receptacles.

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 fronting 2827 Dundas Street West, because a written objection was received in response to the public notification.

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 fronting 2827 Dundas Street West, as illustrated in Appendix 'A', 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;

OR

(2) City Council deny the application for a boulevard cafe fronting 2827 Dundas Street West.

Background:

The Toronto Community Council, at its meeting of January 21, 1998, in considering a communication (October 4, 1997) from Mr. Konstantinos Koutoumanos, asked me to report on his appeal, as a deputation item.

Comments:

Mr. Konstantinos (Gus) Koutoumanos, owner of 113666 Ontario Ltd, o/a Shoxs Billiard Lounge, 2827 Dundas Street West, Toronto, Ontario M6P 1Y6, submitted an application on July 21, 1997, requesting a licence for a boulevard cafe fronting 2827 Dundas Street West, for an area of approximately 24 square metres.

Boulevard cafes are governed by the criteria set out in § 313-36 of City of Toronto Municipal Code Chapter 313. One of the provisions of the Municipal Code is that boulevard cafes on major thoroughfares, such as Dundas Street West, shall not extend any closer to the curb than 2 m, in order to allow enough space for pedestrians to pass by safely. A greater setback from the roadway may be stipulated by the Commissioner. When assessing what is an adequate clearance from the curb, we also consider the position of any street furnishings such as trees, planters, utility poles, etc.

Mr. Koutoumanos' proposal was reviewed for compliance with the Municipal Code, including required clearances. Because there is an in-ground City-owned tree, utility pole and parking meters in front of the location, only an area of approximately 9.96 square metres is suitable for licensing. This will allow the proposed private property portion of the cafe to extend into the street allowance, to accommodate an additional 2 tables, with a potential seating capacity of 8 people, as shown on the attached sketch (Appendix 'A').

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

The Municipal Code also requires that where the cafe proposal is not within 25 metres of a residential district, 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.

As 2827 Dundas Street West is not within 25 m of a residential district, a 14 day notice was posted on August 26, 1997, with an expiry date of September 9, 1997. Prior to the expiry date, we received a letter of objection to the cafe proposal (Appendix 'B').

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

Conclusions:

Staff cannot issue Mr. Koutoumanos a licence for a boulevard cafe fronting 2827 Dundas Street West due to the negative response to the public posting.

On hearing the deputations, the Toronto Community Council must decide whether or not to recommend that City Council grant the appeal. If it grants the appeal, we recommend that this approval be for the proposal as shown in Appendix 'A', not the original request for a larger area.

Contact Name and Telephone Number:

Ken McGuire, 392-7564.

I would like to register our proposal to the outdoor cafe privileges applied for by Shoxs Billiard Lounge.

We own the property next door, just west of the building. Since the opening of this establishment we have had groups of people hanging around the front of our building day and night, often causing disturbances, ringing our doorbells and shouting into our intercoms, blocking the doorway to our apartments and using the recessed entrance to our building and intimidates our clients who bring their children to our offices. We feel that an outdoor patio would only increase the noise and congregating on the sidewalk and further degrade the integrity of our largely residential neighbourhood. Our neighbourhood has changed since this influx of people has occurred and not for the better. To move more of them onto the street and provide seating for them is unacceptable.

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

- (March 30, 1998) from Mr. Michael Pecorella, Toronto Orthopedic Appliance Services Ltd;

- (March 30, 1998) from Ms. Patricia Pecorella;

- (March 29, 1998) from Mr. Charles Lund;

- (March 30, 1998) from Ms. Nancy Heaney, WestEnd Holistic Health Centre;

- (March 31, 1998) from Mr. Bob Bundy, Four Seasons Natural Food and Health Products;

- (March 30, 1998) from Ms. Mary Boudart;

- (March 31, 1998) from Mr. and Mrs. J. Graham; and

- (Not dated) from Gisele Potvin.

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

- Mr. Gus Koutoumanos, Toronto, Ontario;

- Mr. Renald Morin, Toronto, Ontario;

- Ms. Michele Morin, Owner of Lightview Apartments;

- Ms. Shelby Graham, Toronto, Ontario;

- Mr. James Graham, Toronto, Ontario;

- Ms. M. Lizotte, Toronto, Ontario; and

- Mr. Jim McDonald, Toronto, Ontario.