May 11, 1999

To:Toronto Community Council

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

Subject:Appeal of Denial of Applications for Boulevard Cafes - 71 Front Street East (The Jersey Giant Pub and Restaurant) and 73A Front Street East (The Red Pepper) (Downtown)

Purpose:

To report on the business owners' appeal of staff's refusal of applications for boulevard cafes fronting 71 Front Street East and 73A Front 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.

Recommendations:

The Toronto Community Council may recommend that:

(1)(a)City Council deny the applicant's requests for tree relocation and for a boulevard cafe fronting 71 Front Street East;

OR

(b)should City Council approve the request for a boulevard cafe fronting 71 Front Street East, notwithstanding non-compliance with the requirement of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code, the applicant be required to pay for the removal of 2 parking meters in front of the proposed cafe and pay for the annual loss in parking revenue for the loss in the 3 metered parking spots; also to pay for the relocation of the trees; and

(2)(a)City Council deny the applicant's request for a boulevard cafe fronting 73A Front Street East;

OR

(b)City Council approve the application for a boulevard cafe fronting 73A Front Street East, 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.

Background:

Councillor Rae, in his letter of February 15, 1999 (Appendix 'A') addressed to Commissioners Joe Halstead, Economic Development, Culture and Tourism and Barry Gutteridge, Works and Emergency Services, together with a letter dated November 18, 1998, from Mr. Philip Noble, on behalf of Mr. David Rimmer, owner of The Jersey Giant Pub and Restaurant, 71 Front Street East has requested a report on outlining the history of this request and what steps could be taken to consider a cafe.

In addition, the cafe operator of the neighbouring property at 73A Front Street East, The Red Pepper, also requested an appeal on staff's decision to refuse his application.

Comments:

Setback Requirements for Boulevard Cafes

Boulevard cafes are governed by the criteria set out in § 313-36 of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code. One of the provisions of the Municipal Code is that boulevard cafes shall not extend beyond a line located 0.46 m back of and parallel to the sidewalk and that is not less than 2.1 m from the curb or a further distance from the roadway as may be determined, in order to sustain unimpeded pedestrian movement. The Department's policy is to provide a 2.13 m clearance from the curb and/or any street furnishings (i.e. trees, benches, utility poles, etc.) in order to maintain adequate pedestrian space.

71 Front Street East - The Jersey Giant Pub and Restaurant

Mr. David Rimmer, owner of 1180890 Ontario Ltd. o/a The Jersey Giant Pub and Restaurant, submitted an application on June 1, 1997, requesting a licence for a boulevard cafe fronting 71 Front Street East.

At this location, the City sidewalk at its narrowest point is approximately 2 m in width measured from the building wall to the edge of a decorative paving strip and the width of the sidewalk becomes greater as you travel easterly. The paved strip consists of decorative pavers around an in ground tree and 2 parking meters. The paved strip measures approximately 2.6 m (see Appendix 'B').

As indicated, the Municipal Code requires that a minimum clearance of 2.1 m be maintained for pedestrians. Inspection showed that the distance from the tree to the building wall of 71 Front Street East is approximately 2.46 m and taking into consideration the clearances requirement as described above, this would leave only 0.33 m available for a boulevard cafe.

In short, there is insufficient sidewalk space to accommodate a boulevard cafe and still meet the minimum clearances. Accordingly, Mr. Rimmer was advised in our letter dated October 6, 1997, that his application could not be considered.

Subsequently, Councillor Rae, in his letter of February 15, 1999, together with an information package from Mr. Philip Noble of Street Events Management, on behalf of The Jersey Giant Pub and Restaurant, has requested Commissioners Halstead and Gutteridge to report on the feasibility of relocating the trees fronting 71 Front Street East to facilitate a boulevard cafe.

The trees in question are two 15 cm diameter honey locusts. The trees are in good condition, valued at $339.30 and do not qualify for removal. There is insufficient room at the existing site to relocate the trees. The trees cannot be successfully relocated to another site due to their size. These planting locations would be lost permanently should the proposal be approved.

Requests for removal or relocation of these trees have occurred annually since 1995 as previous owners applied for boulevard cafe privileges.

The costs to remove these trees are $272.40 and the costs to plant two replacement trees in tree pits at another location are $2,445.94, for a total of $3,057.64. There are also additional costs of approximately $500.00 for Works & Emergency Services to permanently cap the existing pits and approximately $400.00 to break open new tree pits for new trees to be planted at another location in the City. These costs can vary, depending on the type of pavement involved. If City Council would approve tree removal contrary to the recommendation in this report, it should be conditional on the applicant paying all costs involved, as noted above for a total of $3,957.64. In addition, the cost involved in the removal of the parking meters #12-555, #12-556 and #12-257, located in front of 71 Front Street East, The Jersey Giant Pub and Restaurant, is $150.00 per meter, while the annual revenue generated by the three parking meters is estimated to be $9,060.00.

Should your Committee decide to proceed to grant a licence for a boulevard cafe fronting 71 Front Street East, The Jersey Giant Pub and Restaurant, in order to facilitate pedestrian movement in the vicinity of the proposed cafe area, the applicant should be required to pay for the removal of 3 parking meters and pay for the annual loss in parking revenue for the loss of 3 metered parking spots. In addition, the applicant must pay the cost of all associated cost for the removal of the two trees.

73A Front Street East - The Red Pepper

City Council of the former City of Toronto, at its meeting of December 18, 1995, considered a similar request from Ms. Schram, former business operator of an adjoining business, Uno Restaurant and Bar, 73A Front Street (convenience address for 71 Front Street East), to remove two City owned trees fronting the location for boulevard cafe purposes.

City Council of the former City of Toronto denied the request for the relocation of the trees and approved the operation of a boulevard cafe fronting 73A Front Street East, subject to the relocation of 2 parking meters in front of the proposed cafe and all associated costs being paid by the applicant, and notwithstanding non-compliance with:

(a)the application procedure set out in § 313-36 of Municipal Code Chapter 313 of the former City of Toronto Municipal Code; and

(b)the notification procedure set out in § 90-5 of Municipal Code Chapter 90 of the former City of Toronto Municipal Code.

A cafe licence was issued to the business operator of Pizzeria Uno Restaurant on April 10, 1996. The boulevard cafe fronting 73A Front Street East provided the perimeter of the cafe fence to be installed no closer than 1 m to the back edge of the tree planter. As such, this would provide a distance of 1 m clear space for pedestrians between the cafe area and the inner edge of the tree pits and an additional area of 1.16 m measured from the outer edge of the tree pits to the curb, for an overall width of 2.16 m to accommodate pedestrians. In addition, in order to facilitate pedestrian movement in the vicinity of the proposed cafe area, the applicant paid for the removal and relocation of 2 parking meters in front of the cafe. Subsequently, the licence was cancelled in April 1997 when the business vacated.

As indicated, the Municipal Code requires that a minimum clearance of 2.1 m be maintained for pedestrians. The intent of the Code is that this sidewalk space be provided as a continuous, unbroken pathway for pedestrians which is 2.1 m wide, not separated strips which taken together total 2.1 m in width.

Conclusions:

Staff cannot issue licences for boulevard cafes fronting 71 and 73A Front Street East due to insufficient sidewalk available space due to the existing trees.

The honey locusts trees contribute to the enhancement of the street scape. Since it would be necessary to permanently eliminate the planting sites in order to accommodate the proposed boulevard cafe, and such tree removal would set an undesirable precedent for tree removals in Toronto, the Commissioner of Economic Development, Culture and Tourism is opposed to removal or relocation of these trees.

I have consulted with a representative of Economic Development, Culture and Tourism, Parks and Recreation Division who concurs with this report.

Contact Name and Telephone Number:

Ken McGuire, 392-7564

Manager

KM/mf

Attach

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