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 - 481 Bloor Street West, Brunswick Avenue Flankage
(Downtown)
Purpose:
To report on the business owner's appeal of staff's refusal of an application for a boulevard cafe on the Brunswick Avenue
flankage of 481 Bloor Street West, 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 Brunswick Avenue flankage of 481 Bloor Street West;
OR
(2)City Council approve the application for a boulevard cafe on the Brunswick Avenue flankage of 481 Bloor Street
West, 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. Jonathan Vrozos, in his letter of December 8, 1998 (Appendix 'A'), has requested an appeal of staff's decision to refuse
an application for a boulevard cafe on the Brunswick Avenue flankage of 481 Bloor Street West.
Comments:
Mr. Maurice Jouenne, acting on behalf of Mr George Vrozos, 1222373 Ontario Inc., o/a Ye Olde Brunswick House, 481
Bloor Street West, submitted an application on August 11, 1998, requesting a licence for a boulevard cafe on the Brunswick
Avenue flankage of 481 Bloor Street West.
The proposed cafe area is approximately 142.37sq. m., as shown on the attached sketch (Appendix'B'). It can accommodate
32 tables, with a potential seating capacity of 127 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, to October 22, 1998 was conducted on Brunswick Avenue between Nos. 249 and 289 and
252 and 298, including 481 and 483 Bloor Street West, 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
Mr. Maurice Jouenne was advised in writing that because of the negative response, we could not issue a licence for a
boulevard cafe. Furthermore, Mr. Jouenne was advised that a further application for a boulevard cafe at 481 Bloor Street
West could not be considered for 24 months from the closing date of the poll which was October 28, 1998.
A brief history of the 6 applications made by the Brunswick House since 1985 is outlined in Appendix 'C'.
For your Committee's information, the Noise Control Section has an ongoing file regarding complaints with respect to loud
music and noise emanating from the interior of 481 Bloor Street West. In addition, I have consulted with a representative of
Toronto Police Service, Division No. 14, who advised that complaints have been received relating to noise, rowdiness and
alcoholic related matters in the vicinity of 481 Bloor Street West especially on Bloor Street West. Staff of Toronto Police
Service, Division No. 14, are concerned that if a patio is permitted to operate on the Brunswick Avenue flankage of 481
Bloor Street West and similar problems, as identified above, were encountered, this would have a negative impact on the
neighbouring residential properties.
Staff cannot issue Mr. George Vrozos a licence for a boulevard cafe on the Brunswick Avenue flankage 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.