Works and Emergency Services
City Hall
23rd Floor, East Tower
100 Queen Street West
Toronto, Ontario
Canada M5H 2N2
February 2, 1999
To:Toronto Community Council
From:Angie Antoniou, Manager, Right of Way Management, Transportation Services,
District 1
Subject:Pete's Donuts and Deli - Request to Operate 24 hours a day, 7 days a week on the
Via Italia Flankage of 1239A St. Clair Avenue West (Convenience Address for 1239St. Clair
Avenue West) (Davenport)
Purpose:
To report on the applicant's request to operate a proposed boulevard cafe on the Via Italia
flankage of 1239A St. Clair Avenue West, 24 hours a day, 7 days a week. As this is a matter
of public interest, it is scheduled as a deputation item.
Funding Sources, Financial Implications and Impact Statement:
Not applicable.
Recommendations:
The Toronto Community Council may recommend that:
(1)City Council deny the applicant's request to operate the boulevard cafe on the Via Italia
flankage of 1239A St. Clair Avenue West, 24 hours a day, 7 days a week;
OR
(2)(a)Should City Council approve the boulevard cafe application on the Via Italia
flankage of 1239A St. Clair Avenue West, the cafe will be required to close and clear by
11:00p.m., 7 days a week, as set out in Municipal Code Chapter 313, Streets and Sidewalks,
of the former City of Toronto Municipal Code; and
(b)the Commissioner of Works and Emergency Services be requested to report back at the
end of the 1999 cafe season on the operation of the cafe.
Background:
Mr. Peter DeCicco, owner of 1294789 Ontario Ltd., o/a Pete's Donuts and Deli,
1239ASt.ClairAvenue West, has requested permission to operate his boulevard cafe 24 hours
a day, 7 days a week.
Comments:
Mr. Peter DeCicco, 1294789 Ontario Ltd., o/a Pete's Donuts and Deli, 1239A St. Clair
Avenue West, Toronto, Ontario M6E 1B5, submitted an application on October 7, 1998,
requesting a licence for a boulevard cafe on the Via Italia flankage of 1239A St. Clair Avenue
West. In addition, Mr.DeCicco requested to operate the boulevard cafe 24 hours a day, 7 days
a week.
The proposed cafe area is approximately 53.86 sq. m., as shown on the attached sketch
(Appendix'A'). It can accommodate 12 tables, with a potential seating capacity of 48 people.
This application meets the physical criteria for boulevard cafe privileges 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 November 4, 1998 to December 4, 1998 was conducted on the west side of Via
Italia from 106 to 116, including 1239 and 1241 St. Clair Avenue West, to determine
neighbourhood support. The poll was conducted in English and French. The results of the poll
were as follows:
Polling Summary
Boulevard cafes on residential flankages are governed by the criteria set in § 313-36 of
Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal
Code, which requires that the owner or occupant shall ensure that the boulevard cafe is closed
and cleared by 11:00 p.m. or, where Council has authorized extended hours of operation, the
closing time as authorized by Council.
For the information of the Toronto Community Council, Via Italia, between St. Clair Avenue
West and Mackay Avenue, is comprised of commercial properties and a City of Toronto
Parking Authority lot on the east side, and a bank directly across from the proposed cafe on
the west side with series of 6 residential properties southerly thereafter, as shown on
Appendix 'B'. The distance from the proposed cafe to the first residential property on the west
side of Via Italia measures approximately 23.6 m.
Our records indicate that a licence for a boulevard cafe was issued on May 24, 1996 with an
11:00p.m. closing time restriction to a former restaurant operator of 1239A St. Clair Avenue
West. The cafe licence was cancelled on March 24, 1997, as the occupant vacated the
property.
The City Clerk's office has notified the owners and occupants within 120 m along both sides
of Via Italia from the proposed cafe area advising of Mr. DeCicco's request.
Given that the proposed boulevard cafe would be in close proximity of residential properties,
24 hours operation would not be advisable.
On hearing the deputations, the Toronto Community Council should decide whether or not to
recommend that City Council grant the extended hours of operation for the boulevard cafe on
the Via Italia flankage of 1239A St. Clair Avenue West.
