1 February 1999

To:Chairman and Members of the North York Community Council

From:Roberto Stopnicki, Director,

Transportation Services - District 3

Subject:Street Vending Permit Application #112:

East Side of Kenneth Avenue, 30 metres south of Princess Avenue

North York Centre

Purpose:To consider an appeal of the Transportation Division's refusal of an application by Mr. Joseph Gilmour for a street vending permit to sell hot dogs and sausages on the east side of Kenneth Avenue, 30 metres south of Princess Avenue, adjacent to Earl Haig Secondary School.

Source of funds:

There are no costs associated with this application.

Recommendations:

That Council receive this report, from the Transportation Division of the Works and Emergency Services Department and that the applicant's appeal not be supported.

Council Reference/Background/History:

Despite notification by staff of this division to the applicant that previous vending applications had been refused, the current application was submitted on September 17, 1998. Staff met on site with the applicant's representative where it was determined that there is sufficient space within the municipal boulevard, back of the municipal sidewalk to accommodate the placement of a hot dog vending cart.

The proposed location is located on the east side of Kenneth Avenue, 30 metres south of Princess Avenue. It was this divisions opinion that the proposed location of the vending operation would not create a pedestrian impediment or sight obstruction.

Comments and/or Discussion and/or Justification:

In accordance with By-law #32100, of the former City of North York, Public Health, Road Operations, the local Councillors and Earl Haig Secondary School were solicited for comments regarding this application.

The Public Health Department and Roads Operation have indicated that they have no objection to the issuance of a permit.

Councillor Filion and Councillor Gardner have advised the Transportation Division that they are unable to support the granting of a permit at the location. In their response to this division they have both indicated that they have surveyed the residents affected by the proposed vending operation and have been advised that they do not wish to have a hot dog vendor operating on Kenneth Avenue. Furthermore, Councillor Filion has indicated that he was not in support of previous applications and as such has requested the refusal of this application. Councillor Gardiner has indicated that it is his "concern that permitting vending at this location may result in congestion to vehicular traffic and pedestrian traffic, which would reduce safety for nearby residents and students of the school".

In addition to the Councillors' comments, we have received a letter of objection from Glenford Duffus, Vice Principal, Earl Haig Secondary. In his letter, Mr. Duffus indicates that "the already heavy flow of traffic in the area specified will be compounded by the impending crowding on the sidewalk and further jeopardize student safety. Our cafeteria offers a variety of food options to children, as well as an environment to socialize and study. Should the children consume food from both venues that result in illness, it would be difficult to determine who should take the responsibility. We at the school have been working very hard to develop a school culture and present an image of our school that the community welcomes and appreciates. The impending congestion and probable garbage accumulation could deface the landscape and erode all the beauty we are trying to maintain."

A review of our records has confirmed that there have been previous applications for street vending permits on the east side of Kenneth Avenue, which were refused. The former City of North York Transportation Department refused the above applications based on the fact that by the nature of the business, motorists would be stopping their vehicles on the roadway in a prohibited zone, thereby obstructing two way traffic and requiring pedestrians to cross between parked cars.

Conclusions:

In accordance with By-Law No. 32100, of the former City of North York, staff processed the application for comments as required. In light of the Councillors and the school administration objections, this Division refused the application.

Contact Name:

Allen Pinkerton, Manager, Traffic Operations - District 3

395-7463 (telephone)

395-7482 (facsimile)

ajpinker@city.north-york.on.ca (e-mail)

Roberto Stopnicki,

Director, Transportation Services - District 3

JS:bcb

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