Application for Sidewalk/Boulevard Vending Permit -

Leslie Street, east side, 190 metres south of

Commissioners Street (East Toronto)

The Toronto Community Council recommends that City Council approve the application for sidewalk/boulevard vending on Leslie Street, east side, 190 m south of Commissioners Street, notwithstanding the objection received by the adjoining property owner, and that such approval to the applicant complying with the criteria set out in Municipal Code Chapter 315, Street Vending, of the former City of Toronto Municipal Code.

The Toronto Community Council submits the report (March 9, 1999) from the Manager, Right of Way Management, Transportation Services, District 1:

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

Recommendations:

The Toronto Community Council may recommend that:

(1)City Council deny the application for sidewalk/boulevard vending on Leslie Street, east side, 190 m south of Commissioners Street; OR

(2)City Council approve the application for sidewalk/boulevard vending on Leslie Street, east side, 190 m south of Commissioners Street, notwithstanding the objection received by the adjoining property owner, and that such approval 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. Trifon Bukuvalas, in his letter of October 15, 1998 (Appendix 'A'), has requested an appeal of staff's decision to refuse an application for a sidewalk/boulevard vending permit on Leslie Street, east side, 190 m south of Commissioners Street.

Comments:

Mr. Trifon Bukuvalas, 142 Morse Street, Toronto, Ontario M4M 2P8, applied on July 22, 1998 for a sidewalk/boulevard vending permit on Leslie Street, east side, 190 m south of Commissioners Street, as shown on the attached sketch (Appendix 'B'). Mr. Trifon Bukuvalas 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. Lou Perin, Manager of City of Toronto District Yard, 7 Leslie Street, Toronto, Ontario M4M 3H9, on behalf of City of Toronto has submitted a letter of objection received by facsimile August 06, 1998 (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. Bukuvalas 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. Perin's concerns, they are summarized below along with the staff's response:

Concern No. 1:The proposed vending location will adversely effect heavy bicycle and pedestrian traffic on the existing bicycle path in the immediate vicinity

Staff Response:Municipal Code Chapter 315, Street Vending, of the former City of Toronto Municipal Code, requires a minimum 3.66 meters of paved passable space to be maintained for pedestrians.

A minimum of 4.6 m of paved passable space will be maintained at the requested location. Staff have inspected the area in the vicinity of the proposed vending location and found sidewalk/boulevard vending at this location would not adversely affect the use of the existing bicycle path.

Concern No. 2:The proposed vending location would create more garbage in the area

Staff Response:Municipal Code Chapter 315, Street Vending, of the former City of Toronto Municipal Code, requires a trash receptacle be provided by the vendor for food vending permits.

Concern No. 3:The proposed vending location should not be located on the grass

Staff Response:Municipal Code Chapter 315, Street Vending, of the former City of Toronto Municipal Code, requires the proposed vending location be on a suitable paved surface.

The proposed location is on a paved surface as required by the Municipal Code Chapter 315.

Conclusions:

This application complies with the physical and administrative requirements of the Municipal Code. Staff cannot issue Mr. Bukuvalas 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 the City Council grant the sidewalk/boulevard vending permit.

Contact Name and Telephone Number:

Lisa Forte, 392-1801

(Appendix A and C, referred to in the foregoing report was forwarded to all Members of the Toronto Community Council with the agenda for its meeting on March 30, 1999, and a copy thereof is on file in the office of the City Clerk).

Mr. Trifon Bukuvalas, Toronto, Ontario, appeared before the Toronto Community Council in connection with the foregoing matter.

Insert Table/Map No. 1

Vending Permit - Leslie St/Commissioners