May 11, 1999
To:Toronto Community Council
From:Angie Antoniou, Manager, Right of Way Management, Transportation Services, District 1
Subject:Request for an Extension of Boulevard Cafe - Edwin Avenue Flank of 1627Dupont Street (Davenport)
Purpose:
To report on staff's refusal of an application for an extension of a boulevard cafe on the Edwin Avenue flank of 1627
Dupont Street, 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.
Recommendations:
The Toronto Community Council may recommend that:
(1)(a)City Council deny the request to transfer the existing licensed cafe privileges on the Edwin Avenue flank of 1627
Dupont Street;
OR
(b)City Council approve the request to transfer the existing licensed cafe privileges on the Edwin Avenue flank of 1627
Dupont Street, 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; and
(2)(a)City Council deny the application for an extension to the boulevard cafe on the Edwin Avenue flank of 1627
Dupont Street;
OR
(b)City Council approve the application for an extension to the boulevard cafe for a total area of 44.1 sq. m. on the Edwin
Avenue flank of 1627 Dupont Street, 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. In addition, a commercial boulevard parking spot for one vehicle
will require cancellation due to the extended cafe.
Background:
Councillor Betty Disero, in her letter of April 28, 1999 (Appendix 'A'), has requested us to report on the denial of an
application for a boulevard cafe extension on the Edwin Avenue flank of 1627Dupont Street.
Comments:
Ms. Laura Urciuoli, owner of Federal Star Ltd., o/a Toto's Tavola Calda Cafe, 1627 Dupont Street, Toronto, Ontario M6G
3A7, submitted an application on February 10, 1999, requesting consideration of boulevard cafe privileges on the Edwin
Avenue flank of 1627 Dupont Street for an additional area of approximately 14.02 sq. m.
Our records show that a boulevard cafe licence was issued to Ms. Urciuoli's parents in August 1996 for an area of 25.1 sq.
m., as shown on the attached sketch (Appendix 'B'). It can accommodate 6 tables, with a potential seating capacity of 23
people.
Given the inconsistency with the applicant's proposal compared with the previously licensed area, staff contacted Ms.
Urciuoli to arrange for an on-site meeting to clarify the situation. Subsequently, staff met with Ms. Urciuoli's father on
February 23, 1999, at which time Mr. Urciuoli indicated that they were interested in extending the existing licensed area.
On Appendix 'B', we have also included the extended area requested for cafe purposes.
Applications to transfer existing licensed boulevard cafes are forwarded to the appropriate Ward Councillors for comments
and do not require public polling of the neighbourhood. A transfer application means that the previously licensed boulevard
cafe is not altered in any way, physically or operationally.
However, in cases for all new applications or the applicant requests an extension to a previously licensed area and the
application flanks a residential zone, Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto
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.
In keeping with the applicant's request to extend the existing licensed area, a poll dated March 10, 1999 to April 9, 1999
was conducted on Edwin Avenue, between Nos. 73 to 101 and 84 to 106, including 1625 and 1635 Dupont Street, to
determine neighbourhood support. The results of the poll were as follows:
Polling Summary
Ms. Urciuoli was advised in writing that because of the negative response, we could not issue a licence for a boulevard
cafe. Furthermore, Ms. Urciuoli was advised that a further application for a boulevard cafe on the Edwin Avenue flank of
1627 Dupont Street could not be considered for 24 months from the closing date of the poll which was April 9, 1999.
In response to our letter, Ms. Urciuoli forwarded a letter dated April 29, 1999 to us advising that the residents should have
never been polled and that she was only interested in transferring the previously licensed area (Appendix 'C').
Subsequently, Councillor Disero has requested us to report on staff's denial to transfer the existing cafe licence.
Staff cannot issue Ms. Urciuoli a licence for the extended boulevard cafe area on the Edwin Avenue flank of 1627 Dupont
Street because the poll result was negative. However, if the Toronto Community Council feels that it is appropriate to
transfer the existing boulevard cafe licence to Ms.Urciuoli, she will be required to provide a third party liability insurance
policy to indemnify the City and enter into an agreement with the City of Toronto.
On hearing the deputations, the Toronto Community Council must decide whether or not to recommend that City Council
grant the transfer of licensed cafe privileges.
