April 9, 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 - 785 Carlaw Avenue (Convenience Address for 560
Danforth Avenue) (Don River)
Purpose:
To report on the business owner's appeal of staff's refusal of an application for a boulevard cafe fronting 785 Carlaw
Avenue, 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 fronting 785 Carlaw Avenue;
OR
(2)City Council approve the application for a boulevard cafe fronting 785 Carlaw Avenue, 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:
Ms. Maria Biliouras, in a letter dated March 16, 1999 (Appendix 'A'), has requested an appeal of staff's decision to refuse
her application for a boulevard cafe fronting 785 Carlaw Avenue.
Comments:
Ms. Maria Biliouras, owner of Caffe Picasso, 785 Carlaw Avenue, Toronto, Ontario M4K 1R1, submitted an application on
September 11, 1998, requesting a licence for a boulevard cafe fronting 785 Carlaw Avenue.
The proposed cafe area is approximately 63.48sq. m., as shown on the attached sketch (Appendix'B'). It can accommodate
14 tables, with a potential seating capacity of 57 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 October 22, 1998 to November 23, 1998 was conducted on Carlaw Avenue, between premises 795 to 831 and
796 to 834, including 538 and 560 Danforth Avenue, 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
Ms. Biliouras was advised in writing on December 11, 1998 that given the negative poll, a licence could not be issued.
Furthermore, Ms. Biliouras was advised that a further application for a boulevard cafe fronting 785 Carlaw Avenue could
not be considered for 24 months from the closing date of the public poll which was November 23, 1998.
Staff cannot issue Ms. Biliouras a licence for a boulevard cafe fronting 785 Carlaw Avenue 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 for the operation of a boulevard cafe fronting 785 Carlaw Avenue.
