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May 10, 1999

To:Toronto Community Council

From:Angie Antoniou, Manager, Right of Way Management, Transportation Services, District 1

Subject:Results of a Second Poll to Determine Neighbourhood Support or Opposition to a Boulevard Cafe on the Ashdale Avenue Flank of 1438A Gerrard Street East (East Toronto)

Purpose:

To report on the results of the public poll conducted in connection with the business operator's request for a boulevard cafe licence on the Ashdale Avenue flank of 1438A Gerrard Street East. 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 applicant's request to operate the boulevard cafe on the Ashdale Avenue flank of 1438A Gerrard Street East;

OR

(2) (a)Should City Council approve the boulevard cafe application on the Ashdale Avenue flank of 1438A Gerrard Street East, the cafe 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:

The Toronto Community Council, at its meeting of February 17, 1999, in considering my report (January 28, 1999) entitled "Appeal of Denial of Application for a Boulevard Cafe - 1438A Gerrard Street East, Ashdale Avenue Flankage", deferred consideration of the matter and directed the Commissioner of Works and Emergency Services to conduct a further poll in the area in English, Chinese and Hindi.

Comments:

A poll dated March 9, 1999 to April 8, 1999 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 French, English, Chinese and Hindi (i.e. every person polled received the ballot form in four of languages). The results of the poll are as follows:

Polling Summary

Ballots cast

opposed3

in favour7

10

No response

68

Returned by post office

2

Total ballots issued

80

Conclusions:

Although the proposed cafe meets the physical criteria for boulevard cafes set out in § 313-36 of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code (i.e. setbacks, physical design, location), this criteria cannot address all public concerns which relate to additional noise, garbage, pedestrian and car traffic.

Given the favourable results of the 2nd poll, should the Toronto Community decide to recommend that City Council grant the applicant's appeal and issue a boulevard cafe licence on the Ashdale Avenue flank of 1438A Gerrard Street East, it may be appropriate to issue a temporary cafe licence until the end of the 1999 cafe season and I be requested to monitor the cafe operation during the 1999 cafe season and report back to the Toronto Community Council at the end of the 1999 summer cafe season on the operation of the cafe for consideration as a deputation item.

Contact Name and Telephone Number:

Ken McGuire, 392-7564

Manager

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