June 29, 1999

To:Toronto Community Council

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

Subject:Feast of Steven - Appeal of Application for a Boulevard Cafe Deck - 3367 Yonge Street (North Toronto)

Purpose:

To report on the business owner's appeal of staff's denial of an application for a boulevard cafe deck at 3367 Yonge Street. As this is a request for an exception from Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code, 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 applicant's request for a boulevard cafe deck at of 3367 Yonge Street;

OR

(2) City Council approve the applicant's request for the construction and maintenance of a boulevard cafe deck at 3367 Yonge Street.

Background:

Mr. David Poynton, solicitor for Feast of Steven Inc., in his letter dated May 11, 1999, has requested an appeal of staff's decision to deny permission for a wooden deck in connection with a licensed boulevard cafe fronting 3367 Yonge Street.

Comments:

Boulevard cafes provide a significant contribution to animating street activity. Given the proliferation of cafe operators requests for removable cafe decks and to ensure that the physical connection between the cafe and adjacent pedestrian is maintained, Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code, provides specific criteria for the construction of decks within the road allowance as follows:

(a)Boulevard cafe decks only be permitted on sidewalks or boulevards that exceed a slope of 5% and over;

(b)The deck should be no higher than what is required to accommodate a level area and the deck framing members (which should be the minimum depth required);

(c)Where the distance between grade and the top of the deck is greater than the total thickness of the deck and framing member, a skirt or screen should be provided;

(d)When wood is used for the decking, skirt, uprights or railing, it should be treated, painted or stained;

(e)When wood is used for uprights, post widths should not exceed 0.10 m x 0.10 m (4 x 4 inches), top and bottom railings should not exceed 0.06 m x 0.09 m (2.5 x 3.5 inches), and pickets or balusters should not exceed 0.04 m x 0.04 m (1.5 x 1.5 inches); the spacing between the pickets or balusters should not exceed 0.10 m (4 inches);

(f)A minimum width of 1.03 m (3.3 ft.) break in the railing must be provided at the high side of the slope to provide wheelchair access;

(g)Boulevard cafe decks are not to be constructed over existing underground services (i.e. hydro vaults, chambers, maintenance holes, etc.) unless written approval is given by the public utility;

(h)Should future installation of services within the boulevard area be required, the boulevard cafe owner, upon receipt of a 30 day notice, be required to remove the boulevard cafe deck;

(i)The boulevard cafe deck be removed at the end of the cafe season; and

(j)The boulevard cafe owner be required to enter into an agreement with the City of Toronto.

A licence was issued to Mr. Steven Hall, president, Feast of Steven Inc. in February 1996, for a boulevard cafe fronting 3367 Yonge Street.

Our review of 3367 Yonge Street has determined that there is a portion of the boulevard fronting the location which measures approximately 0.66 m in width which is sloped upward towards the building wall and the slope slightly exceeds 5%, 6% while the remainder of the sidewalk is relatively flat. In this particular case, it is felt that the sloped area of the boulevard is minimal and does not pose a hazard for patrons or negatively impacts on the cafe seating area. Under the circumstances, Mr. Poynton was advised that we could not consider an application for a deck at 3367 Yonge Street and this was conveyed to him in our letter of April 27, 1999.

For your Committee's information, a licensed boulevard cafe immediately to the north of 3367 Yonge Street, at 3369 Yonge Street has similar boulevard conditions and the cafe has operated for several years without the need of a boulevard cafe deck.

Appendices 'A' and 'B' are photos of the boulevard cafe areas at 3367 and 3369 Yonge Street.

Conclusions:

The criteria set out in Chapter 313 of the former City of Toronto Municipal Code allow business owners an opportunity to modify the abutting streetscape by installing a removable deck within licensed cafe areas in cases where the existing grade of the sidewalk is substantial to operate a boulevard cafe safely.

In this particular case, the slope fronting 3367 Yonge Street is minimal and does not pose a hazard for patrons or negatively impacts on the cafe seating area and therefore, a deck is not warranted at this location.

On hearing of deputations, the Toronto Community Council must decide whether or not to recommend that City Council grant the appeal to permit a cafe deck at the frontage of 3367 Yonge Street.

Contact Name and Telephone Number:

Ken McGuire, 392-7564

Manager

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