May 10, 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 - 847 Dundas Street West, Euclid Avenue Flank
(Trinity-Niagara)
Purpose:
To report on the business owner's application for a boulevard cafe on the Euclid Avenue flank of 847 Dundas Street West,
as requested by Councillor Pantalone. 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 Euclid Avenue flank of 847 Dundas Street West;
OR
(2)City Council approve the application for a boulevard cafe on the Euclid Avenue flank of 847 Dundas 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:
Councillor Joe Pantalone requested us to report on the denial of the application for a boulevard cafe on the Euclid Avenue
flank of 847 Dundas Street West.
Comments:
Ms. Rosa Flores of Novo Ideal Cafe Ltd., o/a Novo Ideal Cafe, 847 Dundas Street West, Toronto, Ontario M6J 1V6,
submitted an application on October 14, 1998, requesting a licence for a boulevard cafe on the Euclid Avenue flank of 847
Dundas Street West.
The proposed cafe area is approximately 25.5 sq. m., as shown on the attached sketch (Appendix'A'). It can accommodate 6
tables, with a potential seating capacity of 23 people.
We have examined this application and have determined that it meets the physical criteria for boulevard cafe privileges as
set out in § 313-36 of the former City of Toronto Municipal Code Chapter 313, Streets and Sidewalks.
However, 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 March 9, 1999 was conducted on Euclid Avenue, between premises 163 to 203 and 162 to 202, including 837
and 847 Dundas Street West, to determine neighbourhood support. The poll was conducted in English, French, Portuguese
and Chinese (i.e. every person polled received the ballot form in 4 languages). The results of the poll were as follows:
Polling Summary
Ms. Rosa Flores was advised in writing that given the negative poll, a licence could not be issued. Furthermore, Ms. Flores
was advised that a further application for a boulevard cafe on the Euclid Avenue flank of 847 Dundas Street West could not
be considered for 24 months from the closing date of the poll which was April 8, 1999.
Our records show that City Council of the former City of Toronto, at it's meeting of February 24 and 25, 1992, approved a
boulevard cafe on the Euclid Avenue flank of 847 Dundas Street West, subject to closing times restriction namely; Sunday
to Friday 10:00 p.m. and Saturdays 12 midnight. In this regard, a cafe licence was issued on June 4, 1992 to a former
business operator of the property. Furthermore, an application was received to transfer the cafe licence to another occupant
of the property on May 15, 1996. Although the transfer application was approved, the business operator failed to execute the
requisite boulevard cafe agreements and pay the applicable street allowance rental fees to use the boulevard for cafe
purposes. Accordingly, the file was closed on October 28, 1996.
Staff cannot issue Ms. Flores a license for a boulevard cafe on the Euclid Avenue flank 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 a licence for a boulevard cafe on the Euclid Avenue flank of 847 Dundas Street West.
Attach.
