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Appeal of Boulevard Cafe Privileges -
Sullivan Street Flankage of 221 Spadina Avenue (Downtown)
The Toronto Community Council recommends that City Council deny the application for boulevard cafe privileges on the Sullivan Street flankage of 221 Spadina Avenue.
The Toronto Community Council reports, for the information of Council, having requested appropriate officials to provide information to the Community Council on the polling process.
The Toronto Community Council submits the following report (January 27, 1998) from the Commissioner, City Works Services:
Purpose:
To report on the business owner=s request to appeal staff=s decision to refuse an application for boulevard cafe privileges on the Sullivan Street flankage of 221 Spadina Avenue.
Funding Sources, Financial Implications and Impact Statement:
Not applicable.
Recommendation:
The Toronto Community Council may recommend that:
(1) City Council approve the application for boulevard cafe privileges on the Sullivan Street flankage of 221 Spadina 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;
OR
(2) City Council deny the application for boulevard cafe privileges on the Sullivan Street flankage of 221 Spadina Avenue.
Background:
The City Services Committee of the former City of Toronto, at its meeting of September 3, 1997, in considering a communication (August 19, 1997) from Mr. Le Hue of Dai Nam Vietnamese Restaurant, asked me to report on his appeal, as a deputation item.
Comments:
Mr. Le Hue, owner of Dai Nam Vietnamese Restaurant, 221 Spadina Avenue, Toronto, Ontario M5T 2E2, submitted an application on May 6, 1997 (as amended), requesting a licence for boulevard cafe privileges on the Sullivan Street flankage.
The proposed cafe area is approximately 49.3 sq. m., as shown on the attached sketch (Appendix >A=). It can accommodate 11 tables, with a potential seating capacity of 44 people.
This application meets the physical criteria for boulevard cafes set out in ' 313-36 of City of Toronto Municipal Code Chapter 313.
As the proposed cafe is within 25 m of 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 June 11 to July 11, 1997 was conducted on the north side of Sullivan Street between Nos. 44 and 78 Sullivan Street and on the south side of Sullivan Street between Nos. 53 and 83 Sullivan Street to determine neighbourhood support, as follows:
Polling Summary
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Ballots cast
opposed 6
in favour 5
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11 |
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No response |
84 |
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Returned by post office |
11 |
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Total ballots issued |
106 |
Mr. Hue was advised in writing that given the negative poll, a licence could not be issued.
Mr. Hue is concerned that the polling process was flawed. The standard ballot for boulevard cafes (Appendix >B=) clearly explains the reasons for the poll and how the results will be used. In this particular case, the poll was conducted in English, French and Chinese as requested by the former Councillor (i.e. every person polled received the ballot form in 3 languages).
Conclusions:
Staff cannot issue Mr. Le Hue a licence for a boulevard cafe on the Sullivan Street flankage because the poll result was negative. I am satisfied the poll was conducted properly, and ballots were available in Chinese, as well as the two official languages.
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, 392-7768
The following persons appeared before the Toronto Community Council in connection with the foregoing matter:
- Ms. Anh Mai, Dai Nam Restaurant
- Ms. Trudy Kearns, Toronto, Ontario
The Toronto Community Council reports for the information of Council, also having had before it the following communications, and a copy thereof is on file in the office of the City Clerk:
- Appendix B - Poll Regarding Application for Boulevard Cafe;
- (February 17, 1998) from G.& I Kearns; and
- (undated) from Mr. Anthony Mancini and Ms. Cairine Wilson.
Spadina Avenue
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