September 28, 1999

To:Toronto Community Council

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

Subject:Marcello's Pizzeria - Appeal of Application for a Boulevard Cafe Deck - 1163 St. Clair Avenue West (Davenport)

Purpose:

To report on the business owner's appeal of staff's denial of an application for a boulevard cafe deck at 1163 St. Clair Avenue West. 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.

Recommendations:

The Toronto Community Council may recommend that:

(1) City Council deny the applicant's request for a boulevard cafe deck at 1163 St. Clair Avenue West;

OR

(2) City Council approve the applicant's request for the construction and maintenance of a boulevard café deck at 1163 St. Clair Avenue West, subject to the cafe operator confining the deck and cafe fence to the licensed cafe area.

Background:

Councillor Disero, in her letter of September 2, 1999, has requested us to report on the denial on an application for a boulevard cafe deck at 1163 St. Clair Avenue West.

Comments:

Boulevard cafes provide a significant contribution to animating street activity. Given the proliferation of cafe operators requests for removable decks and to ensure that the physical connection between the café 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 that 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 café 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.

This criteria was adopted by City Council at its meeting of October 28, 29 and 30, 1998. Previous to this, it was the Department's policy to accept applications for construction of removable decks where there was a substantial slope in the sidewalk abutting the establishment, which could result in a potential safety hazard for patrons. Applications of this nature were reviewed on their own merits and were reported to the Toronto Community Council (formerly the City Services Committee) for recommendation to City Council.

In the past couple of years, we received a number of requests from cafe operators, amongst which included a request from Mr. Galifi (March 20, 1997) for permission for elevated café structures in the public right of way. The majority of these requests were not for operational reasons (i.e. substantial slope, etc.), but rather to increase visibility of the cafe. As these boulevard cafe decks are another physical obstruction to the street allowance and pose various problems with respect to access for wheelchairs and the disabled, a specific criteria on the construction of boulevard cafe decks was established.

A licence was issued to Mr. Galifi, owner of Marcello's Pizzeria in June 1995, for a boulevard cafe fronting 1163 St. Clair Avenue West for an area of approximately 3.16 sq. m., as shown on the attached sketch (Appendix 'A').

Our review of 1163 St. Clair Avenue West has determined that the location does not meet the physical criteria for boulevard cafe decks as noted above given that the sidewalk fronting the location is relatively flat, less than 5% slope. Under the circumstances, Mr. Galifi was advised that we could not consider an application for a deck at 1163 St. Clair Avenue West and this was conveyed to him in our letter of July 23, 1999. Furthermore, it was determined that the current cafe area being occupied was in excess of what was approved. Accordingly, Mr. Galifi was requested to remove the deck and to relocate the cafe fence to the permitted limits to provide a 2.13 m clearance from the edge of the tree pit as denoted in Appendix 'A'.

For your Committee's information, the store front of 1163 St. Clair Avenue West has been recessed back 1 m and there is a grade differential between the City sidewalk and this area of private property of approximately 0.09 m (3.5 inches). According to Mr. Galifi, there is insufficient space on private property to operate an outdoor cafe and he is requesting permission to install and maintain the wooden deck on the sidewalk area to compensate for the grade differential. This will allow the proposed private portion of the café to extend into the public right of way, to accommodate 2 tables, with a potential seating capacity of 8 people.

Conclusions:

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

In this particular case, the slope of the sidewalk fronting 1163 St. Clair Avenue West is minimal and does not pose a hazard for patrons.

On hearing the deputations, the Toronto Community Council must decide whether or not to recommend that City Council grant the appeal to permit a cafe deck fronting 1163 St. Clair Avenue West.

Contact Name and Telephone Number:

Ken McGuire, 392-7894

   Manager

KM

Attach

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