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 Sidewalk/Boulevard Vending Permit - Bathurst Street, east side, 9.5 metres south of Queens Quay West (Downtown)

Purpose:

To report on an appeal of staff's refusal of a sidewalk/boulevard 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.

Recommendation:

The Toronto Community Council may recommend that:

(1)City Council deny the application for sidewalk/boulevard vending on Bathurst Street, east side, 9.5 metres south of Queens Quay West;

OR

(2)City Council approve the application for sidewalk/boulevard vending on Bathurst Street, east side, 9.5 metres south of Queens Quay West, notwithstanding the objections received by the adjoining property owners, and that such approval be subject to the applicant complying with the criteria set out in Municipal Code Chapter 315, Street Vending, of the former City of Toronto Municipal Code.

Background:

Mr. Georgios Tsirongas has requested an appeal of staff's decision to refuse an application for a sidewalk/boulevard vending permit on Bathurst Street, east side, 9.5 metres south of Queens Quay West (Appendix 'A').

Comments:

Mr. Georgios Tsirongas, 64 Cedarvale Avenue, Toronto, Ontario M4C 4J4, applied on April 28, 1999 for a sidewalk/boulevard vending permit on Bathurst Street, east side, 9.5 metres south of Queens Quay West, as shown on the attached sketch (Appendix 'B'). Mr. Georgios Tsirongas proposes to vend hot dogs, sausages and cold drinks.

As the application complies with the physical and administrative requirements of former City of Toronto Municipal Code Chapter 315, Street Vending, we notified the adjacent property owners for their comments, if any. Ms. Leona Rodall, Executive Director, Harbourfront Community Centre, 627 Queens Quay West, Toronto, Ontario M5V 3G3, has submitted a letter of objection dated May 12, 1999 (Appendix 'C') and Ms. Susan Seidman, Acting Principal, The Waterfront School, 635 Queens Quay West, Toronto, Ontario M5V 3G3, has also submitted a letter of objection dated May 12, 1999 (Appendix 'D') regarding this location.

Under the procedural rules of the Municipal Code, 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 Toronto Community Council.

Staff have met with Mr. Georgios Tsirongas and confirm that we cannot issue a vending permit under Municipal Code Chapter 315, Street Vending, of the former City of Toronto Municipal Code, because we have received a letter of objection.

In order to assist Toronto Community Council with the evaluation of Ms. Rodall's and Ms. Seidman's concerns, they are summarized below along with the staff's response:

Concern # 1:The main entrance and exit to the Harbourfront Community Centre and Waterfront School playground would be impeded by the vendor's cart and equipment

Staff Response:Municipal Code Chapter 315, Street Vending, of the former City of Toronto Municipal Code, requires that vendors cannot obstruct any entrance. The proposed location is situated at the open entrance to the playground and provides 3 metres and 5.3 metres on either side of the cart.

Concern # 2:The proposed vending and customers would block the sidewalk which could result in pedestrians using private property to pass

Staff Response:The Code requires that the vending location must provide a total of 3.66 metres of paved and passable space for pedestrians, including private property. The proposed vending location provides 2.1 metres on the City's right-of-way and in excess of 11 metres on private property.

In the future, should Harbourfront Community Centre or Waterfront School extend their existing fence or building facilities further north, there will be insufficient space on the right-of-way to accommodate a designated vending location and maintain safe pedestrian passage in a busy area (2.1 metres).

Concern # 3:The proximity of the vending location to the playground/basketball courts and other activities of the Community Centre and School are not compatible. Problems include children bringing money to school, which is discouraged, and leaving the school yard to purchase food or drinks

Staff Response:The proposed vending location is 11 metres from the basketball courts.

The Code prohibits the sale of ice cream, ice cream cones, frozen confections, frozen desserts and any non-edible items only, within 30 metres of an entrance to any school ground or public park. The Code does not restrict the sale of hot dogs, sausages or cold drinks within 30 metres of a public park or a school entrance.

Concern # 4:There are health concerns regarding the close proximity of the proposed vending location to the numerous construction sites within the immediate area

Staff Response:Should Toronto Community Council recommend that this location be approved for vending, Public Health could report directly to City Council on any related health concerns.

Concern # 5:There will be safety problems at school dismissal time when cars stop to pick up students and others stop for food at the vending location

Staff Response:The parking restrictions on the east side of Bathurst Street, south of Queens Quay West are "No Parking - Monday to Friday from 8:00 am. to 6:00 pm".

The suggestion for an alternative vending site on the south side of the bike trail, west of Stadium Road, is not feasible. The 4 metre right-of-way (1.5 metres paved only) cannot accommodate a vending location and maintain a minimum of 3.66 metres of paved passable pedestrian space as required by the Code.

Conclusions:

The criteria set out in Chapter 315 of the former City of Toronto Municipal Code require that the vending location provide a total of 3.66 metres of paved passable space for pedestrians including private property. The proposed vending location provides only 2.1 metres on City's right of way and the rest on the Community Centre's and School's private property.

Should Harbourfront Community Centre or Waterfront School extend their existing fence, there will be insufficient space on the City's right of way to accommodate a designated vending location and maintain a safe pedestrian passage in a busy area (2.1 metres).

On hearing of deputations, the Toronto Community Council must decide whether or not to recommend that City Council grant the appeal to permit a vending location on Bathurst Street, east side, 9.5 metres south of Queens Quay West.

Contact Name and Telephone Number:

Barrie Chavel, 392-0839

Manager

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