Appeal of Denial of Application for a Boulevard Cafe -

2549 Yonge Street (North Toronto)

The Toronto Community Council recommends that City Council approve the application for a boulevard cafe at 2549 Yonge Street, as shown on Appendix >A=, attached to the following report (January 4, 1999) from the Manager, Right of Way Management, Transportation Services, District 1, notwithstanding the negative response to the public notice, 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.

The Toronto Community Council submits the following report (January 4, 1999) from the Manager of Right of Way Management, Transportation Services, District 1, Works and Emergency Services:

Purpose:

To report on the business owner=s appeal of staff=s refusal of an application for a boulevard cafe at 2549 Yonge Street, because a written objection was received in response to the public notification. As applicants must be given the opportunity to be heard before Toronto Community Council, this matter 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 at 2549 Yonge Street; or

(2)City Council approve the application for a boulevard cafe at 2549 Yonge Street, as shown on Appendix >A=, notwithstanding the negative response to the public notice, 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. Allan R. Marshall, acting on behalf of Mr. Luis Carval Ho, owner of Luis Classico Pizza, 2549Yonge Street, Toronto, Ontario M4P 2H9, in his letter dated November 11, 1998, has requested an appeal of staff=s decision to refuse an application for a boulevard cafe at 2549 Yonge Street.

Comments:

Mr. Luis Carval Ho, owner of Luis Classico Pizza, 2549 Yonge Street, Toronto, Ontario M4P 2H9, submitted an application on June 19, 1998, requesting a licence for a boulevard cafe fronting 2549Yonge Street for an area of approximately 7.8 sq. m., as shown on the attached sketch (Appendix >A=). It can accommodate 2 tables, with a potential seating capacity of 7 people.

The 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.

Chapter 313 of the former City of Toronto Municipal Code requires that where a cafe proposal is to be located on a commercial frontage, a notice must be posted on the property for not less than 14 days to determine neighbourhood support. If a written objection is received, the application must be refused by staff, but such refusal may be subject to an appeal by the applicant.

A notice was posted on August 18, 1998, with an expiry date of September 1, 1998, to determine neighbourhood support. Prior to the expiry date of the notice, one letter of objection (Appendix >B=) was received in opposition to the proposed cafe.

Mr. Carbal Ho was advised in writing that because of the negative response, we could not issue a licence.

Conclusion:

Staff cannot issue a licence for a boulevard cafe at 2549 Yonge Street due to the negative response to the public posting.

On hearing the deputations, the Toronto Community Council must decide whether or not to recommend that City Council grant the appeal.

Contact Name and Telephone Number:

Ken McGuire, 392-7654

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(A copy of the objection, referred to in the foregoing report was forwarded to all Members of the Toronto Community Council with the agenda for its meeting on January 20, 1999, and a copy thereof is on file in the office of the City Clerk).

Mr. Luis Carvalho, applicant, appeared before the Toronto Community Council in connection with the foregoing matter.

Insert Table/Map No. 1

Appendix A - 2549 yonge street