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 - Gould Street, 5.9 metres east of O'Keefe Lane (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 Gould Street, 5.9 metres east of O'Keefe Lane;

OR

(2)City Council approve the application for sidewalk/boulevard vending on Gould Street, 5.9 metres east of O'Keefe Lane, 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 Municipal Code Chapter 315, Street Vending, of the former City of Toronto Municipal Code.

Background:

Mr. Steve W. Rosenbaum, Rosenbaum McKay Glady, Barristers and Solicitors, Riverdale Law Centre, 257 Danforth Avenue, Toronto, Ontario M4K 1N2, acting on behalf of Mr. Ghorban-Ali Parvazi, has requested an appeal of staff's decision to refuse an application for a sidewalk/boulevard vending permit on Gould Street, 5.9 metres east of O'Keefe Lane (Appendix 'A').

Comments:

Mr. Ghorban-Ali Parvazi, 45 Pembrooke Street, Suite #204, Toronto, Ontario, M5A 2N6, applied on May 11, 1999 for a sidewalk/boulevard vending permit on Gould Street, 5.9 metres east of O'Keefe Lane, as shown on the attached sketch (Appendix 'B' ). Mr. Ghorban-Ali Parvazi 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 owner for their comments, if any. Mr. Manual Ravinsky, Coordinator, Department of Campus Planning and Construction, Ryerson Polytechnic University, 350 Victoria Street, Toronto, Ontario M5B 2K3, has submitted a letter of objection dated May 25, 1999 (Appendix 'C' ) 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. Ghorban-Ali Parvazi 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 your Committee with the evaluation of Mr. Ravinsky's concerns, they are summarized below along with the staff's response:

Concern # 1:The proposed vending location is the fourth vendor within a 70 metre section of Gould Street

Staff Response:Municipal Code Chapter 315, Street Vending, of the former City of Toronto Municipal Code, requires a minimum 25 metre separation between vendors.

There are three licensed food vendors in the vicinity of the proposed vending location on Gould and Victoria Streets. The proposed location is 34 metres east of the only licenced food vendor on Gould Street, 43 metres west of a food vendor on Victoria Street at Gould Street. The third food vendor is located on Victoria Street, 44 metres north of Gould Street.

Concern # 2:The proposed vending location is immediately adjacent to Ryerson property beside a fence which is used by cyclists for securing their vehicles

Staff Response:The proposed vending location and passable pedestrian space are within the City of Toronto right-of-way only. The length of the proposed vending location may affect the securing of 1 bicycle to the fence on Ryerson's property but all the bikes attached to that fence are parked within the right-of-way. Should Ryerson require additional bicycle parking facilities on the City sidewalk/boulevard, arrangements can be made for the installation of City bike rings, in appropriate locations.

Concern # 3:The proposed vending location would be directly in front of the windows to our Registration area in the south end of our Library

Staff Response:The Code requires that a vending location must not be in front of a display window. The windows at grade and on the first floor behind the proposed location are not display windows nor do they open.

Concern # 4:The Ryerson Polytechnic University feels that there already exists an adequate, if not excessive, supply of hot-dog vendors in the University area

Staff Response:The Code specifies distancing between vendors/businesses selling similar products, physical clearances and requirements. It does not limit the number of vendors in an area. Currently. there are four licensed food vendors within the area bounded by the north side of Dundas Street East, east side of Yonge Street, south side of Gerrard Street East and west side of Church Street.

Conclusions:

This application complies with the physical and administrative requirements of the Municipal Code. Staff cannot issue Mr. Ghorban-Ali Parvazi 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 permit.

Contact Name and Telephone Number:

Barrie Chavel, 392-0839

Manager

BC/gp

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