Works and Emergency 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 - 1438A Gerrard Street East, Ashdale Avenue Flankage (East Toronto)

Purpose:

To report on the business owner's appeal of staff's refusal of an application for a boulevard cafe on the Ashdale Avenue flankage of 1438A Gerrard Street East, 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 Ashdale Avenue flankage of 1438A Gerrard Street East;

OR

(2)City Council approve the application for a boulevard cafe on the Ashdale Avenue flankage of 1438A Gerrard Street East, 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. Satinder Gulerya, in his undated letter which was received by our Department on December 18, 1998, together with 1 original and 5 photocopied ballots from area residents and businesses supporting his application, has requested an appeal of staff's decision to refuse his application for a boulevard cafe on the Ashdale Avenue flankage of 1438AGerrard Street East.

Comments:

Mr. Satinder Gulerya, owner of Chaat Rendezvous, 1438A Gerrard Street East, Toronto, Ontario M4L 1Z8, submitted an application on August 26, 1998, requesting a licence for a boulevard cafe on the Ashdale Avenue flankage.

The proposed cafe area is approximately 24.32sq. m., as shown on the attached sketch (Appendix'A'). It can accommodate 5 tables, with a potential seating capacity of 22 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 was conducted on Ashdale Avenue between 277 to 325, including 1432 and 1438 Gerrard Street East, to determine neighbourhood support. The poll was conducted in English and French. The results of the poll were as follows:

Polling Summary

Mr. Gulerya was advised in writing that given the negative poll, a licence could not be issued. Subsequently, Mr. Gulerya forwarded an undated letter which was received by our Department on December 18, 1998, together with 1 original ballot and 5 photocopies of ballots from area businesses and residents in the area, requesting an appeal of staff's refusal to grant him boulevard cafe privileges. Mr. Gulerya feels that given the low response to the poll compared to the number of ballots issued and the results of his own poll, that he should be granted the boulevard cafe privileges requested.

Although there are clear criteria surrounding the physical design, setbacks, location, and hours of operation of boulevard cafes, these technical criteria alone cannot address all public concerns which may also relate to the quality of the operation of a boulevard cafe or the behaviour of current and future clientele. Because cafes do introduce a new level of activity in an area, the use of a confidential poll to determine neighbourhood opinion is the basic premise for the current polling system. Since secret ballots may only be cast by residents within the affected area, it provides an unbiased result. A copy of the standard ballot for boulevard cafes sent to property owners and tenants currently on the assessment rolls within the polling area is attached (Appendix 'B'). These ballots may be issued in multiple languages, depending on the Ward Councillor(s)' wishes, and explain clearly the reasons for the poll and how the results will be used.

The polling period is 30 days from the date the ballots are mailed. Original ballots may be received until 4:30 p.m. on the last day of the poll. In cases where a ballot is forwarded to a property and the ownership or occupancy of the property has changed, the ballot will be accepted and tabulated in the results of the poll if the ballot is returned with supporting documentation noting the change in the ownership and/or occupancy of the property.

With respect to the ballots that were attached to Mr. Gulerya's appeal, the ballots were received well after the closing date of the poll which was October 22, 1998. Furthermore, since these ballots were not confidential, they were considered null and void.

In consideration of the foregoing, these locations were not taken into consideration when tabulating the results of the poll.

For Toronto Community Council's information, a licence for a boulevard cafe was issued to the former restaurant operator of 1438A Gerrard Street East on July 12, 1984. The cafe licence was cancelled on February 18, 1997, as the restaurant operator failed to maintain a third party liability insurance policy to indemnify the City.

Conclusions:

Staff cannot issue Mr. Gulerya a licence for a boulevard cafe on the Ashdale Avenue flankage because the poll result was negative. I am satisfied that the public poll was conducted properly.

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

Manager

KM/ba

Attach

(p:\1999\ug\cws\bae\to991019.bae) - ba