Appeal of Denial of Application for Boulevard Cafe -
785 Carlaw Avenue
(Convenience Address for 560 Danforth Avenue)
(Don River)
The Toronto Community Council submits this matter to Council without
recommendation.
The Toronto Community Council submits the following report (April 9, 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 fronting 785 Carlaw Avenue, because of a negative public poll. As this is a matter of
public interest, it is scheduled as a deputation item.
Funding Sources, Financial Implications and Impact Statement:
Not applicable.
Recommendation:
The Toronto Community Council may recommend that:
(1)City Council deny the application for a boulevard cafe fronting 785 Carlaw Avenue; or
(2)City Council approve the application for a boulevard cafe fronting 785 Carlaw Avenue,
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:
Ms. Maria Biliouras, in a letter dated March 16, 1999 (Appendix 'A'), has requested an appeal
of staff's decision to refuse her application for a boulevard cafe fronting 785 Carlaw Avenue.
Comments:
Ms. Maria Biliouras, owner of Caffe Picasso, 785 Carlaw Avenue, Toronto, Ontario M4K
1R1, submitted an application on September 11, 1998, requesting a licence for a boulevard
cafe fronting 785 Carlaw Avenue.
The proposed cafe area is approximately 63.48sq. m., as shown on the attached sketch
(Appendix'B'). It can accommodate 14 tables, with a potential seating capacity of 57 people.
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 flanks 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 two years have passed from the closing date of the
previous poll.
A poll dated October 22, 1998 to November 23, 1998 was conducted on Carlaw Avenue,
between premises 795 to 831 and 796 to 834, including 538 and 560 Danforth Avenue, 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
Ballots cast
opposed13
in favour 5 |
18 |
No response |
160 |
Returned by post office |
27 |
Total ballots issued |
205 |
Ms. Biliouras was advised in writing on December 11, 1998 that given the negative poll, a
licence could not be issued. Furthermore, Ms. Biliouras was advised that a further application
for a boulevard cafe fronting 785 Carlaw Avenue could not be considered for 24 months from
the closing date of the public poll which was November 23, 1998.
Conclusions:
Staff cannot issue Ms. Biliouras a licence for a boulevard cafe fronting 785 Carlaw Avenue
because the poll result was negative.
On hearing the 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 fronting
785 Carlaw Avenue.
Contact Name and Telephone Number:
Ken McGuire, 392-7564
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(A copy of a letter, referred to in the foregoing report was forwarded to all Members of the
Toronto Community Council with the agenda for its meeting on May 26, 1999, and a copy
thereof is on file in the office of the City Clerk).
The Toronto Community Council reports, for the information of Council, having also had
before it during consideration of the foregoing matter, the following communications, and
copies thereof are on file in the office of the City Clerk:
-(April 21, 1999) from Ms. Kathryn Oughtred;
-(May 19, 1999) from Mr. Jim Kopatsaris; and
-Petition with 54 names in favour, submitted by Bildmas James.
Mr. Tony Biliouras, on behalf of Ms. Maria Biliouras, appeared before the Toronto
Community Council in connection with the foregoing matter.
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