June 8, 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 - Fronting 1862 Queen Street East and on the Rainsford
Road Flankage (East Toronto)
Purpose:
To report on the business owner's appeal of staff's refusal of an application for a boulevard cafe fronting 1862 Queen
Street East and on the Rainsford Road flankage, because written objections were received in response to the public
notification and 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 fronting 1862 Queen Street East and on the Rainsford Road
flankage;
OR
(2)City Council approve the application for a boulevard cafe fronting 1862 Queen Street East and on the Rainsford Road
flankage, notwithstanding the negative result of the public posting and 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:
Lisa Baumal, solicitor for the owners, Stephane Poquet and Gregoire Godin, Sauvignon Bistro and Bakery Inc., 1862
Queen Street East, in her letter dated May 31, 1999, has requested an appeal of staff's decision to refuse an application for
a boulevard cafe fronting 1862 Queen Street East and on the Rainsford Road flankage.
Comments:
Stephane Poquet, co-owner of Sauvignon Bistro and Bakery Inc., 1862 Queen Street East, Toronto, Ontario M4L 1H1,
submitted an application on February 12, 1999, requesting a licence for a boulevard cafe fronting 1862 Queen Street East
and on the Rainsford Road flankage for a total area of approximately of 69.39 sq. m., as shown on the attached sketch
(Appendix 'A'). It can accommodate 16 tables, with a potential seating capacity of 62 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.
Fronting 1862 Queen Street East - Cafe on Commercial Frontage
Chapter 313 of the former City of Toronto Municipal Code requires that where a cafe proposal is to be located on a
commercial frontage, a notice must be posted at the property for not less than 14 days to determine neighbourhood support.
If a written objection is received, the application must be refused by staff, but such refusal may be subject to an appeal by
the applicant.
A notice was posted on April 6, 1999, with an expiry date of April 29, 1999, to determine neighbourhood support. Prior to
the expiry date of the notice, 3 letters of objection were received in opposition to the proposed cafe (Appendices 'B', 'C'
and 'D'.).
Rainsford Road Flankage of 1862 Queen Street East - Cafe on Residential Flankage
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 31, 1999 to April 30, 1999 was conducted on Rainsford Road between Nos. 5to 39 and 6 to 40,
including 1862 and 1864 Queen Street East and 77 and 93 Dixon Road to determine neighbourhood support. The results of
the poll were as follows:
Polling Summary
Mr. S. Poquet was advised in writing on May 6, 1999, that because of the negative response to the public posting and
polling, a licence could not be issued fronting 1862 Queen Street East and on the Rainsford Road flankage.
In addition, Mr. Poquet was advised that a further application for a boulevard cafe on the Rainsford Road flankage of 1862
Queen Street East could not be considered for 24 months from the closing date of the public poll which was April 30,
1999.
Staff cannot issue Mr. S. Poquet a licence for a boulevard cafe fronting 1862 Queen Street East and on the Rainsford Road
flankage because of the negative response to the public posting and poll.
On hearing the deputations, the Toronto Community Council must decide whether or not to recommend that City Council
grant the appeal.
