Boulevard Cafe - Fronting 1862 Queen Street East

and on the Rainsford Road Flankage (East Toronto)

The Toronto Community Council recommends that:

(1)the results of the poll be confirmed and the application for a boulevard cafe fronting 1862 Queen Street East and on the Rainsford Road flankage be denied; and

(2)the Ward Councillors meet with local residents to discuss the use and future of the City boulevard along Queen Street East, and report back to the Toronto Community Council, if necessary.

The Toronto Community Council submits the following report (June 8, 1999) from the Manager, 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 1862 Queen Street East and on the Rainsford Road flankage, because written objections were received in response to the public notification and 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 1862 Queen Street East and on the Rainsford Road flankage; OR

(2)City Council approve the application for a boulevard cafe fronting 1862 Queen Street East and on the Rainsford Road flankage, notwithstanding the negative result of the public posting and 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:

Lisa Baumal, solicitor for the owners, Stephane Poquet and Gregoire Godin, Sauvignon Bistro and Bakery Inc., 1862 Queen Street East, in her letter dated May 31, 1999, has requested an appeal of staff's decision to refuse an application for a boulevard cafe fronting 1862 Queen Street East and on the Rainsford Road flankage.

Comments:

Stephane Poquet, co-owner of Sauvignon Bistro and Bakery Inc., 1862 Queen Street East, Toronto, Ontario M4L 1H1, submitted an application on February 12, 1999, requesting a licence for a boulevard cafe fronting 1862 Queen Street East and on the Rainsford Road flankage for a total area of approximately of 69.39 sq. m., as shown on the attached sketch (Appendix 'A'). It can accommodate 16 tables, with a potential seating capacity of 62 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.

Fronting 1862 Queen Street East - Cafe on Commercial Frontage

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 at 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 April 6, 1999, with an expiry date of April 29, 1999, to determine neighbourhood support. Prior to the expiry date of the notice, 3 letters of objection were received in opposition to the proposed cafe (Appendices 'B', 'C' and 'D'.).

Rainsford Road Flankage of 1862 Queen Street East - Cafe on Residential Flankage

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 March 31, 1999 to April 30, 1999 was conducted on Rainsford Road between Nos. 5to 39 and 6 to 40, including 1862 and 1864 Queen Street East and 77 and 93 Dixon Road to determine neighbourhood support. The results of the poll were as follows:

Polling Summary

Mr. S. Poquet was advised in writing on May 6, 1999, that because of the negative response to the public posting and polling, a licence could not be issued fronting 1862 Queen Street East and on the Rainsford Road flankage.

In addition, Mr. Poquet was advised that a further application for a boulevard cafe on the Rainsford Road flankage of 1862 Queen Street East could not be considered for 24 months from the closing date of the public poll which was April 30, 1999.

Conclusions:

Staff cannot issue Mr. S. Poquet a licence for a boulevard cafe fronting 1862 Queen Street East and on the Rainsford Road flankage because of the negative response to the public posting and poll.

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

Insert Table/Map No. 1

1862 Queen Street East

The Toronto Community Council also submits the communication (June 16, 1999) from Councillor Jakobek:

As you know, the City has always had a democratic process with regards to boulevard cafe. Whether we individually agree or not is not as important as the process and the right of people to decide.

Although the owner of the Sauvignon Restaurant may run a good business, his desire for a boulevard cafe is not supported by those residents directly affected by the operation.

I urge you to accept the poll results and refuse the appplication.

(A copy of the letters in opposition, referred to in the foregoing report was forwarded to all Members of the Toronto Community Council with the agenda for its meeting on June 22, 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.

- (May 31, 1999) from Ms. Lisa Baumal, Barrister and Solicitor, on behalf of the applicant;

-(Undated) from Mr. & Mrs. W. De Brouwen;

-(June 21, 1999) from Ms. Wendy L. LaValle forwarding petition in opposition;

-(June 21, 1999) from Ms. Linda Dumbell;

-(June 21, 1999) from Ms. Pamela Joan Agnew;

-(June 20, 1999) from Ms. Nancy Lough;

-(June 19, 1999) from Ms. Rosana Basheir;

-(June 21, 1999) from Mr. Nicholas Prychodko;

-(June 17, 1999) from Mr. Ken Ludlow;

-(June 17, 1999) from Mr. Dave Hammer;

-(June 18, 1999) from Mr. F. Martin Aller-Stead;

-(June 21, 1999) from Ms. Trish Duncan and Mr. Ian Cole;

-(Undated) from Ms. Susan Ludlow;

-(June 22, 1999) from Ms. Patricia Silver;

-(June 22, 1999) from Mr. Bill Kreutzweiseer;

-(June 21, 1999) from Ms. Aradne Da-Ré;

-(June 21, 1999) from Mr. John Nicholson;

-(June 22, 1999) from Mr. Michael Raffa; and

-(June 21, 1999) from Leigh Smout and Erin Ferris.

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

-Mr. Wendy LaValle, Toronto, Ontario;

-Mr. Dominic Jones, Toronto, Ontario;

-Ms. Pam Agnew, Toronto, Ontario;

-Mr. John Crichton, Toronto, Ontario;

-Ms. Valerie Cassells, Toronto, Ontario;

-Ms. Mary Ann Heywood, Toronto, Ontario;

-Mr. Al Sinclair, Toronto, Ontario;

-Ms. Winona Gallop, Toronto, Ontario; and

-Mr. Rick Gabriele, Toronto, Ontario.