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STAFF REPORT
November 16, 1999
To: Toronto Community Council
From: Angie Antoniou, Right of Way Management, Transportation Services, District 1
Subject: Appeal of Denial of Application for a Boulevard Cafe - 1150 Queen Street West, Beaconsfield Avenue Flank
(Trinity-Niagara)
Purpose:
To report on the business owner's appeal of staff's refusal of an application for a boulevard cafe on the Beaconsfield
Avenue flank of 1150 Queen Street West, because of a negative public poll. As this is a matter of public interest, it is
scheduled as a deputation item.
Financial Implications and Impact Statement:
There are no financial implications resulting from the adoption of this report.
Recommendation:
It is recommend that:
(1) City Council deny the application for a boulevard cafe on the Beaconsfield Avenue flank of 1150 Queen Street West;
OR
(2) City Council approve the application for a boulevard cafe on the Beaconsfield Avenue flank of 1150 Queen Street
West, 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.
Background:
Mr. Andrey Kaminski, in his communication of September 28, 1999 has requested an appeal of staff's decision to refuse
his application for a boulevard cafe on the Beaconsfield Avenue flank of 1150 Queen Street West.
Comments:
Mr. Andrey Kaminski, owner of The Drake Hotel, o/a Stardust Restaurant Inc., 1150 Queen Street West, Toronto, Ontario
M6J 1J3, submitted an application on June 21, 1999, requesting a licence for a boulevard cafe on the Beaconsfield Avenue
flank of 1150 Queen Street West.
The proposed cafe area is approximately 122.7 sq. m., as shown on the attached sketch (Attachment No. 1). It can
accommodate 28 tables, with a potential seating capacity of 112 people.
This application meets the physical criteria for boulevard cafes as set out in § 313-36 of Chapter 313, Streets and
Sidewalks, of the former City of Toronto Municipal Code.
As the proposed cafe flanks a residential street, the Municipal Code requires that a public poll be conducted of owners and
tenants within 120 m of the property where the proposed cafe will be located. 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 August 16 to September 15, 1999, was conducted on Beaconsfield Avenue from Nos. 9 to 35 and 8 to 34,
including 1150 & 1154 Queen Street West, to determine neighbourhood support. The results of the poll were as follows:
Polling Summary
| Ballots cast
Opposed 14
in favour 0 |
14
|
| No response |
70 12 |
| Returned by post office |
6 |
| Total ballots issued |
90 |
Mr. Kaminski was advised in writing on September 20, 1999 that given the negative poll, a licence could not be issued.
Furthermore, Mr. Kaminski was advised that a further application for a boulevard cafe on the Beaconsfield Avenue flank
of 1150 Queen Street West could not be considered for 24 months from the closing date of the public poll which was
September 15, 1999.
Our records show that Boulevard Cafe Licence No. C-2385 was issued on October 10, 1995 to Mr. Carlos DaSilva of
1070196 Ontario Ltd., o/a The Eleven Fifty Bar, for a boulevard cafe area of 58.38 sq. m. on the Beaconsfield Avenue
flank of 1150 Queen Street West.
During the fall of 1996, Mr. DaSilva's interest in the business was being bought out by his partner, Mr. Tino Neeves. The
Department advised Mr. Neeves on December 20, 1996 that we were in a position to transfer the boulevard cafe licence to
his business, subject to him paying an annual fee, signing boulevard café agreements and providing a third party liability
insurance policy to indemnify the City of Toronto.
A review of the file revealed that Mr. Neeves failed to provide the required insurance certificate. As a result, Mr. Neeves
was notified by letter on March 12, 1997 that the licence file was closed. Regrettably, although the file had been closed, the
billing continued for this licence until April 1, 1999 and the last bill was paid on April 16, 1999 by persons unknown. We
are still attempting to determine who paid this bill, so that a refund can be issued.
Conclusions:
Staff cannot issue Mr. Kaminski a licence for a boulevard cafe on the Beaconsfield Avenue flank of 1150 Queen Street
West because the poll result was negative.
On hearing of deputations, the Toronto Community Council must decide whether or not to recommend that City Council
grant the appeal for the operation of a boulevard cafe on the Beaconsfield Avenue flank of 1150 Queen Street West.
Contact:
Ken McGuire, Supervisor, Construction Activities
Telephone: 392-7894, Fax: 392-0816, E-mail: kmcguire@toronto.ca
Curtis Sealock, District Manager, South District, Municipal Licensing and Standards
Telephone: 392-7616, Fax: 392-0677, E-mail: csealock@toronto.ca
Manager
GPC
(p:\1999\ug\cws\bae\to991172.bae) - ba
List of Attachments:
Attachment No. 1 - sketch
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