September 28, 1999

To:Toronto Community Council

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

Subject:Wrap N Roll Restaurants - (a) Appeal of Denial of Application for a Boulevard Cafe (b) Request for Extended Hours of Operation - 1366 Yonge Street, Balmoral Avenue Flank (Midtown)

Purpose:

To report on (a) the business owner's appeal of staff's refusal of an application for a boulevard café on the Balmoral Avenue flank of 1366 Yonge Street, because of a negative public poll; and (b) the request for extended hours of operation of the boulevard cafe on Fridays and Saturdays till midnight. As this matter is of public interest, 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 a boulevard cafe and extended hours on the Balmoral Avenue flank of 1366 Yonge Street;

OR

(2) (a) City Council approve the application for a boulevard cafe on the Balmoral Avenue flank of 1366 Yonge Street, notwithstanding the negative result of the public poll, and that such approval be subject to the applicant complying with the criteria set out in § 313-36 of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code;

(b) Should City Council approve the boulevard cafe application on the Balmoral Avenue flank of 1366 Yonge Street, the cafe will be required to close and clear by 11:00 p.m., 7 days a week, as set out in Municipal Code 313 of the former City of Toronto Municipal Code.

  Background:

Mr. Jordan Greenberg, in his letter dated July 5, 1999, has requested an appeal of staff's decision to refuse an application for a boulevard cafe on the Balmoral Avenue flank of 1366 Yonge Street.

Comments:

Mr. Jordan Greenberg, Chief Operating and Financial Officer, Wrap N Roll Restaurants Inc., o/a Wrap N Roll Restaurants, 1366 Yonge Street, Toronto, Ontario M5S 1T8, submitted an application on April 23, 1999, requesting a licence for a boulevard cafe on the Balmoral Avenue flank of 1366 Yonge Street, for an area of approximately 9.4 sq. m, as shown on the attached sketch (Appendix 'A'). It can accommodate 2 tables, with a potential seating capacity of 8 people. In addition, Mr. Greenberg requested to operate the boulevard café Sunday to Thursday from 8:30 a.m. till 11:00 p.m. and on Friday and Saturday, from 8:30 a.m. till midnight.

Boulevard cafes on residential flanks are governed by the criteria set out in § 313-36 of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code, which requires that the owner or occupant shall ensure that the boulevard café is closed and cleared by 11:00 p.m. or, where Council has authorized extended hours of operation, the closing time authorized by Council.

This application meets the physical criteria for boulevard cafes as set out in § 313-36 of Municipal Code Chapter 313, Streets and Sidewalks, of the former City of Toronto Municipal Code.

As the proposed cafe is within 25 m of a residential zone, the Municipal Code requires a public poll of owners and tenants within 120 m from the proposed cafe. If the majority of the ballots cast are in favour of the application, the application is approved. If the majority are opposed, the Commissioner must deny the application. If there is a negative response, re-polling for the same purpose may not take place until 2 years have passed from the closing date of the previous poll.

A poll dated May 13, 1999 to June 14, 1999 was conducted on Balmoral Avenue between Nos. 20 to 34 and 25 to 41, including 1360 and 1366 Yonge street to determine neighbourhood support. The poll was conducted in English and French, (i.e. every person polled received the ballot form in 2 languages). The results of the poll were as follows:

         Polling Summary

Mr. Greenberg was advised in writing on June 29, 1999 that given the negative poll, a licence could not be issued. Furthermore, Mr. Greenberg was advised that a further application for a boulevard cafe on the Balmoral Avenue flank of 1366 Yonge Street could not be considered for 2 years from the closing date of the public poll, which was May 13, 1999. Subsequently, Mr. Greenberg forwarded a letter to the office of the Toronto Community Council requesting an appeal of staff's decision.

Mr. Greenberg feels that given the low response to the public poll compared to the number of ballots issued and the results of his own poll, that he should be granted the boulevard cafe privileges requested.

Although there are clear criteria surrounding the physical design, setbacks, location, and hours of operation of boulevard cafes, these technical criteria alone cannot address all public concerns which may also relate to the quality of the operation of a boulevard cafe or the behaviour of current and future clientele. Because cafes do introduce a new level of activity in an area, the use of a confidential poll to determine neighourhood opinion is the basic premise for the current polling system. Since secret ballots may only be cast by residents within the affected area, it provides an unbiased result.

While the response to the public poll was low in comparison to the total ballots issued, as Mr. Greenberg indicates, the Municipal Code stipulates that if the majority of the ballots cast are not in favour of the application, the application must be denied.

For the Toronto Community's information, there is a fire station immediately to the west of 1366 Yonge Street on Balmoral Avenue, and it has become apparent during the review of the boulevard cafe application that complaints have been received from area residents pertaining to motorists illegally parking their vehicles within the travelled roadway to run into businesses in the area amongst which include the restaurant operation at 1366 Yonge Street. This not only creates traffic problems but impacts on emergency vehicles. According to the residents, the introduction of a boulevard cafe would augment to the existing parking problems.

 As you Committee may be aware, the parking of vehicles on the roadway falls within the jurisdiction of the Chief of Police, Toronto Police Service. Given the ongoing parking problems at this location, we have requested Toronto Police Service to enhance their enforcement regarding illegally parked vehicles.

Conclusions:

Staff cannot issue Mr. Greenberg a licence for a boulevard cafe on the Balmoral Avenue flank of 1366 Yonge Street because the poll result was negative. I am satisfied that the public poll was conducted properly.

Contact Name and Telephone Number:

Ken McGuire, 392-7894

    Manager

GPC/ba

Attach

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