Boulevard Cafe - 481 Bloor Street West,

Brunswick Avenue Flankage (Downtown)

The Toronto Community Council recommends that City Council deny the application for a boulevard cafe on the Brunswick Avenue flankage of 481 Bloor Street West.

The Toronto Community Council submits the following report (January 28, 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 on the Brunswick Avenue flankage of 481 Bloor Street West, 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 on the Brunswick Avenue flankage of 481 Bloor Street West; or

(2)City Council approve the application for a boulevard cafe on the Brunswick Avenue flankage of 481 Bloor 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. Jonathan Vrozos, in his letter of December 8, 1998 (Appendix 'A'), has requested an appeal of staff's decision to refuse an application for a boulevard cafe on the Brunswick Avenue flankage of 481 Bloor Street West.

Comments:

Mr. Maurice Jouenne, acting on behalf of Mr George Vrozos, 1222373 Ontario Inc., o/a Ye Olde Brunswick House, 481 Bloor Street West, submitted an application on August 11, 1998, requesting a licence for a boulevard cafe on the Brunswick Avenue flankage of 481 Bloor Street West.

The proposed cafe area is approximately 142.37square metres, as shown on the attached sketch (Appendix'B'). It can accommodate 32 tables, with a potential seating capacity of 127 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 2 years have passed from the closing date of the previous poll.

A poll dated September 22, 1998, to October 22, 1998 was conducted on Brunswick Avenue between Nos. 249 and 289 and 252 and 298, including 481 and 483 Bloor Street West, 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. Maurice Jouenne was advised in writing that because of the negative response, we could not issue a licence for a boulevard cafe. Furthermore, Mr. Jouenne was advised that a further application for a boulevard cafe at 481 Bloor Street West could not be considered for 24 months from the closing date of the poll which was October 28, 1998.

A brief history of the 6 applications made by the Brunswick House since 1985 is outlined in Appendix 'C'.

For your Committee's information, the Noise Control Section has an ongoing file regarding complaints with respect to loud music and noise emanating from the interior of 481 Bloor Street West. In addition, I have consulted with a representative of Toronto Police Service, Division No. 14, who advised that complaints have been received relating to noise, rowdiness and alcoholic related matters in the vicinity of 481 Bloor Street West especially on Bloor Street West. Staff of Toronto Police Service, Division No. 14, are concerned that if a patio is permitted to operate on the Brunswick Avenue flankage of 481 Bloor Street West and similar problems, as identified above, were encountered, this would have a negative impact on the neighbouring residential properties.

Conclusions:

Staff cannot issue Mr. George Vrozos a licence for a boulevard cafe on the Brunswick Avenue flankage 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.

Contact Name and Telephone Number:

Ken McGuire, 392-7564

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(A copy of Appendices A and C, referred to in the foregoing report is on file in the office of the City Clerk).

The Toronto Community Council also submits the following transmittal letter (April 7, 1999) from the City Clerk:

The Toronto Community Council, on March 30, 1999, had before it a report from the Manager, Right of Way Management, Transportation Services, District 1, respecting Appeal of Denial of Application for a Boulevard Cafe - 481 Bloor Street West, Brunswick Avenue Flankage (Downtown).

The Toronto Community Council also had before it the following communications:

-(February 11, 1999) from Mr. Keith P. Sharp;

-(March 24, 1999) from Mr. Keith P. Sharp;

-(March 24, 1999) from Mr. M. Swartz;

-(March 24, 1999) from Ms. Rhea Plosker and Mr. Michael Carter;

-(March 24, 1999) from Ms. Gail Misra and Mr. Mark Rowlinson;

-(March 29, 1999) from Dr. Daniel Contogiannis; and

-(undated) from Mr. Mark Mainguy.

The Toronto Community Council, given the overwhelming opposition of the residents, and given that there were 155 calls for police assistance at the corner of Brunswick Avenue and Bloor Street West in the past 12 months:

(1)deferred consideration of this matter to permit the applicant to consult with the community; and

(2)directed that, should the applicant wish to continue processing the application in four months' time, a poll be undertaken at the applicant's expense.

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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:

-(February 11, 1999 and March 24, 1999) from Mr. Keith P. Sharp;

-(March 24, 1999) from M. Swartz;

-(March 24, 1999) from Ms. Rhea Plosker and Mr. Michael Carter;

- (March 24, 1999) from Ms. Gail Misra and Mr. Mark Rowlinson;

-(March 29, 1999) from Dr. Daniel Contogiannis;

-(undated) from Mr. Mark Mainguy; and

-(May 20, 1999) from Ms. Cornelia Schuh.

-(May 26, 1999) from Dr. Daniel Contogiannis;

-(Undated) from Robin Donovan, D.I.G. I.T. Productions;

-(March 25, 1999) from Ms. Anne Racz;

-(March 20, 1999) from Mr. Bill Townley;

-(March 23, 1999) from Pasquale Ciancio;

-(March 25, 1999) from Mr. Karl Pirrsalu;

-(March 25, 1999) from Mr. Losend;

-(March 24, 1999) from Mr. Stanley Cach;

-(March 25, 1999) from Mr. Ken Kennedy and Mr. John McDonald;

-(March 25, 1999) from Ms. Janet Goodfellow;

-(March 25, 1999) from Ms. Wendie Mudie;

-(Undated) from Mr. Donald McCardle;

-(March 25, 1999) from Mr. Michael Bool;

-(Undated) from Mr. Irving Phelm;

-(March 25, 1999) from Mr. Nunfie;

-(March 25, 1999) from Mr. Jack Hans;

-(March 26, 1999) from Mr. John Green;

-(March 27, 1999) from J. Chronopoulos;

-(Undated) from Ms. Kristi Lynch;

-(March 25, 1999) fro Ms. Melanie Campbell;

-(March 25, 1999) from Ely Sbrozzi;

-(Undated) from Janelee Jordon;

-(March 25, 1999) from Ms. Mary Legakis;

-(Undated) from Ms. Sarah Craig;

-(March 25, 1999) from Mr. Courtney Muier;

-(March 25, 1999) from Magold Potemski;

-(March 24, 1999) from Mr. Daniel Aucsin;

-(March 22, 1999) from Mr. Daniel Sirk;

-(March 21, 1999) from Mr. Alan Sirk;

-(Undated) from Shawn Hood;

-(Undated) from R.M. Billington;

-(Undated) from Mr. Andrew Beveridge;

-(March 25, 1999) from Jason James;

-(March 25, 1999) from Mr. Mark Munro;

-(March 25, 1999) from Mr. Omar Maxwell;

-(March 25, 1999) from Stan Allenby;

-(March 23, 1999) from H. Dann;

-(March 25, 1999) from Kazia Stusarenko;

-(March 24, 1999) from Corrine Chin-Fook;

-(March 25, 1999) from Mavis Waters;

-(May 25, 1999) from Ol'ga Floegl-Huntley;

-(May 25, 1999) from Ms. Margaret Ma;

-(May 23, 1999) from David and Katherine Wurfel;

-(May 22,1999) from Dr. Julian Tsafaroff;

-(May 21, 1999) from Mr. Keith Sharp;

-(May 24, 1999) from Ms. Juta Auksi;

-(May 20, 1999) Petition - 55 signatures in opposition;

-(May 19, 1999) from Ms. Gail Misra and Mr. Mark Rowlinson;

-(May 21, 1999) from Ms. Rosie Schwartz;

-(March 1999) Petition - 51 signatures in support;

-(May 26, 1999) from Mr. Gable;

-(May 24, 1999) from Ms. Leah Cohen;

-(May 25, 1999) from Mr. Robert Wilson;

-(May 25, 1999) from Ms. Sandra DeAthe and Mr. John Newton;

-(Undated) from M. Swartz;

-(May 26, 1999) from Ms. Judith Robertson;

-(May 26, 1999) from Mr. Keith Cowling, Superintendent, 14 Division, Toronto Police Service; and

-(May 20, 1999) Petition - 22 signatures in support.

The following persons appeared before the Toronto Community Council in connection with the foregoing matter:

-Mr. Robert Barnett, Sussex-Ulster Residents Association;

-Mr. David Huntley;

-Mr. A. O'Donohue;

-Mr. Daniel Contogiannis; and

-Mr. Paul Voulgaris, Boomerang Design Planning Inc.