The Toronto Community Council recommends that the application for curblane vending on Scott Street, east side, 16.7 metres north of Wellington Street East, by Mr. Gilbert Formella, of Shibley's Gourmet On Wheels be refused.

The Toronto Community Council reports, for the information of Council, that it has requested the Commissioner of Works and Emergency Services to expedite a new location in the area for curblane vending by the applicant and report back to the Toronto Community Council at its meeting to be held on May 6 and 7, 1998.

The Toronto Community Council submits the following report (March 18, 1998) from the Director, By-law Administration and Enforcement, City Works Services:

Purpose:

To report on an appeal of staff's refusal of a curblane vending application. The application was denied because a written objection was received.

Funding Sources, Financial Implications and Impact Statement:

Not Applicable.

Recommendation:

It is recommended that a permit be issued to Mr. Gilbert Formella, of Shibley's Gourmet On Wheels, for curblane vending on Scott Street, east side, 16.7 metres north of Wellington Street East, notwithstanding the objection received by the adjoining property owner.

Background:

The Toronto Community Council, at its meeting of January 21, 1998, in considering a communication (January 20, 1998) from Mr. Gilbert Formella, of Shibley's Gourmet On Wheels, regarding an appeal of his application for a curblane vending permit on Scott Street, east side, 16.7 metres north of Wellington Street East, requested me to report on this matter for consideration as a deputation item.

Comments:

Mr. Gilbert Formella, owner of Shibley's Gourmet On Wheels, 80 Orchardview Boulevard, Toronto, Ontario, M4R 1C2, applied on October 31, 1997 for curblane vending permit on Scott Street, east side, 16.7 metres north of Wellington Street East, as shown on the attached sketch (Appendix 'A'). Mr. Formella proposes to vend tacos, pitas, pasta, submarine sandwiches, salads and drinks.

As the application complies with the physical and administrative requirements of City of Toronto Municipal Code Chapter 315, Street Vending, we notified the adjacent property owner for their comments, if any. Mr. Andrew Gordon, Senior Commercial Manager, H&R Developments, 3625 Dufferin Street, Suite 500, Downsview, Ontario M3K 1N4, has submitted a letter of objection dated December 18, 1997 (Appendix 'B'), regarding this location.

Under the procedural rules of the Municipal Code, where a written objection to the issuance of a vending permit has been received in my office, I am required to refuse the application. The applicant then has 30 days from receipt of our notice to request an appeal to the Toronto Community Council.

Staff have met with Mr. Formella and confirm that we cannot issue a vending permit under Municipal Code Chapter 315, Street Vending, because we have received a letter of objection.

In order to assist your Committee with the evaluation of Mr. Gordon's concerns, they are summarized below along with the staff response:

Concern # 1: The proposed vending location will adversely affect their tenant's (Leila's Deli) business at 26 Wellington Street East

Staff Response: Municipal Code Chapter 315, Street Vending, requires a minimum separation of 25 metres between a vending location and a business selling similar products.

The proposed vending location is within a 32 metre radius of Leila's Deli.

Concern # 2: The proposed vending location would block ingress and egress from the building

Staff Response: Municipal Code Chapter 315, Street Vending, prohibits vending directly in front of an entrance to or exit from a building.

The proposed location does not front any entrance to or exit from the building.

Concern # 3: The proposed vending location would mean the loss of a parking space that visitors to the building could utilize

Staff Response: Municipal Code Chapter 315, Street Vending, requires the vendor to pay for loss of revenue of the parking meter. If this application is approved, Mr. Formella will be charged $3,000 per annum for the use of this curblane space, calculated as: (52 weeks x 5 days per week x 10 hours per day x $1.00 per hour) + (52 Saturdays x 10 hours per day x $1.00 per hour) less an allowance for statutory holidays. Staff have inspected the area and noted that there are approximately 25 other parking meters within close proximity to the building.

Conclusions:

As this application complies with the physical and administrative requirements of the Municipal Code, the application should be approved.

Contact Name and Telephone Number:

Lisa Forte, 392-1801

(A copy of the communication from Andrew L.B. Gordon, referred to in the foregoing report was forwarded to all Members of the Toronto Community Council with the agenda for its meeting on April 1 and, 1998, and a copy thereof is on file in the office of the City Clerk.)

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

- Mr. Gilbert Formella, Toronto, Ontario;

- Mr Andrew Gordon, H&R Developments, Owner of 26 Wellington Street East;

- Mr. Jim Wilson, Toronto, Ontario;

- Mr. William Christmas, Toronto, Ontario; and

- Mr. Andrew Uy, Leila Deli.