August 26, 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 Curb Lane Vending Permit - University Avenue, east side, 81 metres south
of Dundas Street West, and extending a further 5.5 metres south (Downtown)
Purpose:
To report on an appeal of staff's refusal of a curb lane vending application, which was denied because a written objection
was received. As this is an appeal, it is scheduled as a deputation item.
Funding Sources, Financial Implications and Impact Statement:
Not applicable.
Recommendations:
The Toronto Community Council may recommend that:
(1)City Council deny the application for curb lane vending on University Avenue, east side, 81 metres south of Dundas
Street West and extending a further 5.5 metres south;
OR
(2)City Council approve the application for curb lane vending on University Avenue, east side, 81 metres south of
Dundas Street West and extending a further 5.5 metres south, notwithstanding the objection received by the adjoining
property owner, and that such approval be subject to the applicant complying with the criteria set out in By-law No. 98-97
of the former Metropolitan Toronto; and
(3)Should City Council approve the application for curb lane vending on University Avenue, east side, 81 metres south
of Dundas Street West and extending a further 5.5 metres south, the applicant pay the costs of the loss of annual parking
permit revenue as determined by the Toronto Parking Authority.
Background:
Mr. Ahmad Shafee has requested an appeal of staff's decision to refuse an application for a curb lane vending permit on
University Avenue, east side, 81 metres south of Dundas Street and extending a further 5.5 metres south.
Comments:
Mr. Ahmad Shafee, 3050 Pharmacy Avenue, Apt #510, Scarborough, Ontario M1W 2N7, applied on October 22, 1998 for
a curb lane vending location on University Avenue, east side, south of Dundas Street West and extending a further 5.5
metres south; as shown on the attached sketch (Appendix 'A'). Mr. Shafee proposes to vend pizza and chicken wings.
As the application complies with the physical and administrative requirements of By-law No. 98-97 of the former
Metropolitan Toronto, we notified the adjacent property owner for their comments, if any. Mr. Michael Ward, General
Manager, O & Y Enterprise Commercial Management, Property Manager for University Centre, 393 University Avenue,
Suite 1607, Toronto, Ontario M5G 1E6, has submitted a letter of objection dated December 15, 1998 (Appendix 'B')
regarding this location.
Under the procedural rules of By-law No. 98-97, where a written objection to the issuance of a vending permit has been
received, we are required to refuse the application. The applicant then has 30 days from receipt of our notice to request an
appeal to the Road Allowance Sub-Committee.
To date, appeals of denial of applications for street vending within the former City of Toronto are heard by the Toronto
Community Council, with the exception of mobile vending applications on former Metro roads, i.e. University Avenue.
Prior to amalgamation, the former Municipality of Metropolitan Toronto did not delegate authority to the former City of
Toronto for vending enforcement or the issuance of permits on former Metro roads. Those appeals were heard by the
former Metro Road Allowance Sub-Committee, recommendations forwarded to the Planning and Transportation
Committee, then further forwarded to Metro Council. Currently, there is no scheduled meeting date for the new Road
Allowance Sub-Committee.
The responsibility for harmonizing vending by-laws, enforcement and issuance of vending permits is currently in
transition, from Works and Emergency Services to Urban Planning and Development Services. This appeal is before the
Toronto Community Council for your consideration, in order to simplify, harmonize and expedite the application appeal
process during this transition period.
Staff have met with Mr. Shafee and confirm that we cannot issue a vending permit under By-law No. 98-97, because we
have received a letter of objection.
In order to assist your Committee with the evaluation of Mr. Michael A. Ward's concerns, they are summarized below
along with staff's response.
Concern # 1The proposed vending location would add to the existing litter and garbage problem caused by
smokers congregating at the front door of 393 University Avenue
Staff Response:The proposed location is 28.5 metres north of the main entrance.
The vendor or the employee or agent of the vendor is required to maintain the designated area to the satisfaction of the
Commissioner, failure to do so, the designated area may be cleaned at the vendor's expense by City forces.
Concern # 2There are two food vendors servicing the area in the vicinity of the proposed vending location
Staff Response:A curb lane ice cream vendor and a sidewalk/boulevard hot dog vendor are located 35 and 54 metres
south of this application, respectively. By-law No. 98-97 requires a separation of 25 metres between vendors selling similar
products.
The sidewalk/boulevard hot dog vending location on Centre Avenue, the first street east of University Avenue, is 45 metres
south of the rear entrance to 393 University Avenue.
Should this application be approved, curb lane vending would be feasible from this location except during rush hour
restrictions (No Stopping - 7:30 a.m. - 9:30 a.m. and 3:30 p.m. - 6:30 p.m.). Additionally, the proposed vending location
would result in the loss of one parking meter. I have been informed by the Toronto Parking Authority that the costs of the
removal of the parking meter is $150.00 and the loss of parking meter revenue for 1999 is $3,000.00. The applicant would
be responsible for the costs of removing the parking meter, installing two vending signs/poles and paying the annual fee to
off-set the lost parking meter revenue due to the installation of a curb lane vending location.
Conclusions:
This application complies with the physical and administrative requirements of the By-law. Staff cannot issue Mr. Shafee a
permit because of the written objection to this application.
On hearing of deputations, the Toronto Community Council must decide whether or not to recommend that City Council
grant the appeal.
Contact Name and Telephone Number:
Barrie Chavel, 392-0839
Manager
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