Works andEmergency Services
City Hall
23rd Floor, East Tower
100 Queen Street West
Toronto, Ontario
Canada M5H 2N2
January 28, 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 - 481 Bloor Street West,
Brunswick Avenue Flankage (Downtown)
Purpose:
To report on the business owner's appeal of staff's refusal of an application for a boulevard
cafe on the Brunswick Avenue flankage of 481 Bloor Street West, because of a negative
public poll. As this is a matter of public interest, it 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 on the Brunswick Avenue
flankage of 481 Bloor Street West;
OR
(2)City Council approve the application for a boulevard cafe on the Brunswick Avenue
flankage of 481 Bloor Street West, 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, of the former City of Toronto
Municipal Code.
Background:
Mr. Jonathan Vrozos, in his letter of December 8, 1998 (Appendix 'A'), has requested an
appeal of staff's decision to refuse an application for a boulevard cafe on the Brunswick
Avenue flankage of 481 Bloor Street West.
Comments:
Mr. Maurice Jouenne, acting on behalf of Mr George Vrozos, 1222373 Ontario Inc., o/a Ye
Olde Brunswick House, 481 Bloor Street West, submitted an application on August 11, 1998,
requesting a licence for a boulevard cafe on the Brunswick Avenue flankage of 481 Bloor
Street West.
The proposed cafe area is approximately 142.37sq. m., as shown on the attached sketch
(Appendix'B'). It can accommodate 32 tables, with a potential seating capacity of 127 people.
This 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.
As the proposed cafe flanks 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 September 22, 1998, to October 22, 1998 was conducted on Brunswick Avenue
between Nos. 249 and 289 and 252 and 298, including 481 and 483 Bloor Street West, to
determine neighbourhood support. The poll was conducted in English and French (i.e. every
person polled received the ballot form in 2 languages). The results of the poll were as follows:
Polling Summary
Mr. Maurice Jouenne was advised in writing that because of the negative response, we could
not issue a licence for a boulevard cafe. Furthermore, Mr. Jouenne was advised that a further
application for a boulevard cafe at 481 Bloor Street West could not be considered for 24
months from the closing date of the poll which was October 28, 1998.
A brief history of the 6 applications made by the Brunswick House since 1985 is outlined in
Appendix 'C'.
For your Committee's information, the Noise Control Section has an ongoing file regarding
complaints with respect to loud music and noise emanating from the interior of 481 Bloor
Street West. In addition, I have consulted with a representative of Toronto Police Service,
Division No. 14, who advised that complaints have been received relating to noise, rowdiness
and alcoholic related matters in the vicinity of 481 Bloor Street West especially on Bloor
Street West. Staff of Toronto Police Service, Division No. 14, are concerned that if a patio is
permitted to operate on the Brunswick Avenue flankage of 481 Bloor Street West and similar
problems, as identified above, were encountered, this would have a negative impact on the
neighbouring residential properties.
Staff cannot issue Mr. George Vrozos a licence for a boulevard cafe on the Brunswick Avenue
flankage 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.