June 29, 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 - 178 Bathurst Street (c/a for 659 Queen Street West) (Trinity-Niagara)

Purpose:

To report on the business owner's appeal of staff's refusal of an application for a boulevard cafe fronting 178 Bathurst Street (c/a for 659 Queen Street West), because a written objection was received in response to the public notification. As applicants must be given the opportunity to be heard before Toronto Community Council, this matter 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 at 178 Bathurst Street (c/a 659 Queen Street West);

OR

(2)City Council approve the application for a boulevard cafe fronting 178 Bathurst Street (c/a 659 Queen Street West), as shown on Appendix 'A', notwithstanding the negative response to the public notice, 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:

Messrs. Tom Patterson and Ken Horne, 1275622 Ontario Inc., o/a The Paddock, 178 Bathurst Street, Toronto, Ontario M5R 2V4, in a letter dated June 9, 1999, have requested an appeal of staff's decision to refuse an application for a boulevard cafe fronting 178 Bathurst Street (c/a 659 Queen Street West).

Comments:

Messrs. Patterson and Horne, submitted an application on April 9, 1999, requesting a licence for a boulevard cafe fronting 178 Bathurst Street (c/a for 659 Queen Street West), for an area of approximately 10.7 sq. m., as shown on the attached sketch (Appendix 'A'). It can accommodate 5 tables, with a potential seating capacity of 10 people.

The 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.

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 on 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 26, 1999, with an expiry date of May 10, 1999, to determine neighbourhood support. Prior to the expiry date of the notice, one letter of objection (Appendix 'B') was received in opposition to the proposed cafe.

Messrs. Paterson and Horne were advised in writing that because of the negative response, we could not issue a licence.

Conclusions:

Staff cannot issue Messrs. Paterson and Horne a licence for a boulevard cafe fronting 178 Bathurst Street (c/a 659 Queen Street West), due to the negative response to the public posting.

On hearing the deputations, the Toronto Community Council must decide whether or not to recommend that City Council grant the appeal.

Contact Name and Telephone Number:

Ken McGuire, 392-7564

Manager

SA/sa

Attach

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