The Toronto Community Council recommends that a permit be issued to Mr. Kowalczyk for sidewalk/boulevard vending on Wellington Street West, south side, 177.5 metres west of Simcoe Street.

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 an appeal of staff's refusal of a sidewalk/boulevard 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. Kowalczyk for sidewalk/boulevard vending on Wellington Street West, south side, 184.5 metres west of Simcoe Street, 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 (December 1, 1997) from Mr. Kowalczyk, regarding an appeal of his application for a sidewalk/boulevard vending permit on Wellington Street West, south side, 184.5 metres west of Simcoe Street, requested me to report on this matter for consideration as a deputation item.

Comments:

Mr. Mark Kowalczyk, 51 Murrie Street, Etobicoke, Ontario M3V 1X6, applied on September 9, 1997 for a sidewalk/boulevard vending permit on Wellington Street West, south side, 184.5 metres west of Simcoe Street, as shown on the attached sketch (Appendix 'A'). Mr. Kowalczyk proposes to vend sausages, hot dogs and cold 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 William Laht, Acting Director, Corporate Building Management, Canadian Broadcasting Corporation, P.O. Box 500, Terminal A, Toronto, Ontario M5W 1E6, has submitted a letter of objection dated October 31, 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. Mark Kowalczyk 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 Laht's concern, it is summarized below along with the staff response.

Concern: The proposed vending location will subject CBC staff to odours and fumes associated with the cooking of hot dogs at this location, due to the close proximity to one of the fresh air supply vents for the building

Staff response: Municipal Code Chapter 315, Street Vending, does not require a minimum separation from fresh air vents.

The proposed vending location is 7.5 metres north of the fresh air supply vent on the north side of the building.

Conclusion:

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.

The Canadian Broadcasting Corporation objects to the application for Sidewalk/Boulevard Vending Privileges on Welling Street West south side as this location is just north of air intakes to the fresh air supply of the Canadian Broadcasting Centre. On many occasions the CBC staff working in the Broadcasting Centre are exposed to car and truck exhaust fumes through the air intake when vehicles are stopped in the area. The odour and fumes associated with the cooking of hot dogs in this area would be just as aggravating to these staff members.

Mr. Stan Makuch, Cassells, Brock and Blackwell, appeared before the Toronto Community Council in connection with the foregoing matter.