Works and Emergency Services
City Hall
23rd Floor, East Tower
100 Queen Street West
Toronto, Ontario
Canada M5H 2N2
January 4, 1999
To:Toronto Community Council
From:Angie Antoniou, Manager, Right of Way Management, Transportation Services,
District 1
Subject:Appeal of Denial of Application For a Boulevard Cafe - 2549 Yonge Street
(NorthToronto)
Purpose:
To report on the business owner's appeal of staff's refusal of an application for a boulevard
cafe at 2549 Yonge Street, because a written objection was received in response to the public
notification. As applicants must be given the opportunity to be heard before Toronto
Community Council, this matter is scheduled as a deputation item.
Funding Sources, Financial Implications and Impact Statement:
Not applicable.
Recommendation:
The Toronto Community Council may recommend that:
(1)City Council deny the application for a boulevard cafe at 2549 Yonge Street;
OR
(2)City Council approve the application for a boulevard cafe at 2549 Yonge Street, as shown
on 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, of the former City of Toronto Municipal
Code.
Background:
Mr. Allan R. Marshall, acting on behalf of Mr. Luis Carval Ho, owner of Luis Classico Pizza,
2549Yonge Street, Toronto, Ontario M4P 2H9, in his letter dated November 11, 1998, has
requested an appeal of staff's decision to refuse an application for a boulevard cafe at 2549
Yonge Street.
Comments:
Mr. Luis Carval Ho, owner of Luis Classico Pizza, 2549 Yonge Street, Toronto, Ontario M4P
2H9, submitted an application on June 19, 1998, requesting a licence for a boulevard cafe
fronting 2549Yonge Street for an area of approximately 7.8 sq. m., as shown on the attached
sketch (Appendix 'A'). It can accommodate 2 tables, with a potential seating capacity of 7
people.
The application meets the physical criteria for boulevard cafes as set out in § 313-36 of
Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal
Code.
Chapter 313 of the former City of Toronto Municipal Code requires that where a cafe proposal
is to be located on a commercial frontage, 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 may be subject to an appeal by the
applicant.
A notice was posted on August 18, 1998, with an expiry date of September 1, 1998, to
determine neighbourhood support. Prior to the expiry date of the notice, one letter of objection
(Appendix 'B') was received in opposition to the proposed cafe.
Mr. Carbal Ho was advised in writing that because of the negative response, we could not
issue a licence.
Conclusion:
Staff cannot issue a licence for a boulevard cafe at 2549 Yonge Street 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.
Contact Name and Telephone Number:
Ken McGuire, 392-7654
Manager
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Attach
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