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 - 3048 Dundas Street West, McMurray Street Flank (High
Park)
Purpose:
To report on the business owner's appeal of staff's refusal of an application for a boulevard cafe on the McMurray Street
flank of 3048 Dundas Street West. 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 McMurray Street flank of 3048 Dundas Street West;
OR
(2)City Council approve the application for a boulevard cafe on the McMurray Street flank of 3048 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:
Mr. John Ward, owner of Reaissance Emporiums Inc., o/a Axis Gallery and Grill, 3048 Dundas Street West, Toronto,
Ontario M6P 1Z3, submitted an application on March 9, 1999, requesting a licence for a boulevard cafe on the McMurray
Street flank.
Comments:
The proposed cafe area is approximately 55.9 sq. m., as shown on the attached sketch (Appendix 'A'). It can accommodate
13 tables, with a potential seating capacity of 50 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 Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code.
However, as the proposed cafe flank 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 April 21, 1999 to May 21, 1999 was conducted on McMurray Street, between Nos. 11 to 39 and 18 to 40,
including 3048 and 3050 Dundas 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
| Ballots cast
opposed4
in favour2 |
6 |
| No response |
32 |
| Returned by post office |
23 |
| Total ballots issued |
61 |
Mr. John Ward was advised in writing that given the negative poll, a licence could not be issued.
Mr. John Ward, in a communication dated June 14, 1999, (Appendix 'B') appealed the decision of staff and has requested
that his appeal be heard, as a deputation item, at the next Toronto Community Council meeting.
Conclusions:
Staff cannot issue Mr. Ward a licence for a boulevard cafe on the McMurray Street flank because the poll result was
negative. I am satisfied that the public poll was conducted properly.
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
GPC/gpc
Attach
(p:\1999\ug\cws\bae\to991102.bae) - ba
