Appeal of Denial of Boulevard Cafe Application -

De Lisle Avenue flankage of 1510 Yonge Street (Midtown)

 The Toronto Community Council recommends that:

(1)City Council approve the application for a boulevard cafe on the De Lisle Avenue flankage of 1510 Yonge Street on a temporary basis for the 1998 cafe season, notwithstanding the negative result of the public polls, 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 and the patio being closed at 10:00 p.m.; and

 (2)the Commissioner of Works and Emergency Services review this matter at the end of the 1998 cafe season.

  The Toronto Community Council submits the following report (March 10, 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 De Lisle Avenue flankage of 1510 Yonge Street 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 De Lisle Avenue flankage of 1510 Yonge Street, 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 De Lisle Avenue flankage of 1510 Yonge Street.

 Background:

 The Toronto Community Council, at its meeting of January 21, 1998, in considering a communication (December 19, 1997) from Mr. Tony O=Donohue, acting on behalf of Mr. Craig Findlay, CEO, Koo Koo Roo Canada Partners Ltd., asked me to report on his appeal, as a deputation item.

 Comments:

 Mr. Paul Sipos, 120 Adelaide Street West, Unit # 2150, on behalf of 1170060 Ontario Ltd/Koo Koo Roo Canada Partners Ltd., o/a Koo Koo Roo California Kitchen, submitted an application on June 17, 1997 requesting a licence for a boulevard cafe on the De Lisle Avenue flankage of 1510 Yonge Street.

 The proposed cafe area is approximately 54.7 sq. m., as shown on the attached sketch (Appendix 'A'). It can accommodate 12 tables with a potential seating capacity of 49 people.

 The application met 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 m of a residential zone, the Municipal Code requires a public poll of owners and tenants within 120 m 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 July 25 to August 25, 1997 was conducted on De Lisle Avenue between Nos. 10 and 40 to determine neighbourhood support. The poll was conducted in English and French as requested by the former Councillor (i.e. every person polled received the ballot form in 2 languages). The results of the poll were as follows:

Polling Summary

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

 In his letter, Mr. O'Donohue suggests that the neighbours may be more receptive to an outdoor cafe, following the 6 months operational experience of Koo Koo Roo at this location.

 Conclusions:

 Staff cannot issue Mr. Findlay a licence for a boulevard cafe on the De Lisle Avenue flankage of 1510 Yonge Street because the poll result was negative.

 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

 The Toronto Community Council also submits the following report (July 17, 1998) from the Acting Assistant Director, By-law Administration and Enforcement, City Works Services:

 Purpose:

 To report on the results of the public poll conducted in connection with the business operator=s request for a cafe licence on the De Lisle Avenue flankage of 1510 Yonge Street. The poll was requested by Toronto Community Council.

 Funding Sources, Financial Implications and Impact Statement:

 Not applicable.

 Recommendation:

 That this report be received for information.

 Background:

 The Toronto Community Council, at its meeting of May 6, 1998, in considering a report (March 10, 1998) from the former Director of By-law Administration and Enforcement entitled AAppeal of Denial of Application for a Boulevard Cafe - De Lisle Avenue Flankage of 1510 Yonge Street@, deferred consideration of the matter and directed the Commissioner of Works and Emergency Services, notwithstanding the By-law of the former City of Toronto, to conduct a further poll on this application, subject to the owner paying the costs incurred in conducting the poll.

 Comments:

 A poll dated June 5, 1998 to July 6, 1998 was conducted on De Lisle Avenue, between Nos. 10 and 40, including 1510 and 1560 Yonge Street, to determine neighbourhood support. The poll was conducted in English and French. The results of the poll are as follows:

Polling Summary

 Conclusions:

 Both the previous poll, conducted on July 25, 1997, and the most recent poll, indicate that the neighbourhood is opposed to the boulevard cafe on the De Lisle Avenue flankage of 1510 Yonge Street.

 Although the proposed cafe meets the physical criteria for boulevard cafes set out in ' 313-36 of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code (i.e. setbacks, physical design, location), this criteria alone cannot address all public concerns which relate to additional noise, garbage, pedestrian and car traffic.

 Given the results of both polls, I am recommending that the application for a boulevard cafe on the De Lisle Avenue flankage of 1510 Yonge Street be denied.

 Contact Name and Telephone Number:

 Ken McGuire, 392-7564

 The Toronto Community Council also submits the following report (April 27, 1998) from the Director, By-law Administration and Enforcement, City Works Services:

 Purpose:

 To provide staff's recommendation on conducting a second poll at this location within the two year period during which re-polling for the same purpose is not permitted under Municipal Code Chapter 90.

 Funding Sources, Financial Implications and Impact Statement:

 The cost to conduct a poll at this location is approximately $300, including printing, mailing and staff time.

 Recommendation:

 That no further poll be conducted for this cafe application until two years have passed from the closing date of the previous poll, as required under Municipal Code Chapter 90.

 Background:

 The Toronto Community Council, at its meeting of April 1, 1998, in considering my report (March 10, 1998) entitled "Appeal of Denial of Application for a Boulevard Cafe - De Lisle Avenue Flankage of 1510 Yonge Street", requested the Commissioner of Works and Emergency Services to submit recommendations on conducting a further poll for this location at its meeting of May 6 and 7, 1998.

 Comments:

 I have reviewed the details of the poll at this location. I have also compared the participation in the poll for 1510 Yonge Street with the average participation rate for all boulevard cafe polls which have been conducted since my Division assumed responsibility for polling for cafes in October 1996.

 The poll results, as summarized in my March 10, 1998 report to the Toronto Community Council are:

Polling Summary

 The poll results for the 1510 Yonge Street poll, in comparison with all other boulevard cafe polls which have been completed since October 1, 1996 are shown below:

 Note: totals do not add to 100% due to rounding

 The data show that the response rate for the 1510 Yonge poll was twice as high as the average response rate for all cafe polls. The number of ballots returned by the post office as undeliverable mail was the same as the average for all polls.

 The poll was conducted in accordance with the requirements of Municipal Code Chapter 90 in both official languages. There were no unusual circumstances, complaints from eligible voters, or inquiries which might indicate any problems with the polling process.

 Conclusions:

 The poll at 1510 Yonge Street had a higher than average response rate, when compared with other cafe polls. There were no unusual circumstances surrounding the poll. This being the case, there is nothing to indicate that a second poll is required to correct any problems with the initial poll.

Therefore I am recommending that a second poll not be conducted until the statutory 2-year time limit on re-polling has passed, which is August 26, 1999.

Contact Name and Telephone Number:

 Lesley Watson, 392-1525

 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 a copy thereof is on file in the office of the City Clerk:

-(July 9, 1998) from Mr. Tony O'Donohue, Environmental Probe Ltd.;

-(May 13, 1998) from the City Clerk, Toronto Community Council, forwarding the Community Council's action of May 6, 1998;

-(March 27, 1998) from Miss Rosemary Dymond;

-(April 27, 1998) from Mr. Brian J. Kearney, Chairperson, The Deer Park Cresc./Delisle Ave. Residents' Traffic Group;

-(July 14, 1998) seven identical signed letters in support; and

-(Undated) petition signed by 400 residents of the Yonge and Delisle area in support.

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

 -Mr. Steven Meeker, Operator, Koo Koo Roo Cafe;

-Mr. Neville Kirshmann, Chairman, Koo Koo Roo Cafe; and

-Mr. Craig Findlay, President, Koo Koo Roo Cafe.