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Application for Curblane Vending Privileges -
Cherry Street, East Side, 44.5 metres South of
Commissioners Street (Don River)
The Toronto Community Council recommends that a permit be issued to Mr. Vassil Pachov for curblane vending privileges on Cherry Street, east side, 44.5 metres south of Commissioners Street, notwithstanding the objections received by the adjoining property owners.
The Toronto Community Council reports, for the information of Council, having requested the Commissioner of Works and Emergency Services:
(1) to report to the Community Council on the possibility of installing traffic signals at the corner of Cherry and Commissioners Streets; and
(2) to expedite the previously requested general traffic study for the area.
The Toronto Community Council submits the following report (January 28, 1998) from the Commissioner, City Works Services:
Purpose:
To report on an appeal of a curblane vending application, as requested by the City Services Committee of the former City of Toronto.
Funding Sources, Financial Implications and Impact Statement:
Not applicable.
Recommendation:
It is recommended that a permit be issued to Mr. Vassil Pachov for curblane vending privileges on Cherry Street, east side, 44.5 metres south of Commissioners Street, notwithstanding the objections received by the adjoining property owners.
Background:
The City Services Committee of the former City of Toronto, at its meeting of September 3, 1997, had before it a communication (August 18, 1997) from Mr. Vassil Pachov, regarding an appeal of his application for curblane vending privileges on Cherry Street, east side, 44.5 metres south of Commissioners Street. The Committee requested me to report on this matter for consideration as a deputation item.
Comments:
Mr. Vassil Pachov, 16 Westwood Avenue, Toronto, Ontario M4K 3Z5, applied on July 8, 1997 for curblane vending privileges on Cherry Street, east side, 44.5 metres south of Commissioners Street, as shown on the attached sketch (Appendix >A=). Mr. Pachov proposes to vend sausages, hot dogs, french fries and drinks.
As the application complies with the physical and administrative requirements of City of Toronto Municipal Code Chapter 315, Street Vending, we notified the adjacent property owners for their comments, if any. Mr. Robert Howald, Executive Vice President, Tedco, 133 Yonge Street, Toronto, Ontario M5E 1S9, and Mr. Nicolas Macos, Solicitor, 130 Adelaide Street West, Suite 2500, Toronto, Ontario M5H 2M2, acting on behalf of The Docks Entertainment Complex, have both submitted letters of objection dated July 24 and 25, 1997 (Appendixes >B= & >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 in my office, I am 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. Pachov and advised him that we cannot issue a vending permit under Municipal Code Chapter 315, Street Vending, because we have received letters of objection.
In order to assist your Committee with the evaluation of Mr. Howald=s and Mr. Macos=s concerns, they are summarized below along with the staff response.
Adjoining owners' concerns:
No. 1: The proposed vending location will adversely affect existing businesses in the immediate vicinity
Staff response: Municipal Code Chapter 315, Street Vending, requires a minimum separation of 25 metres between a vending location and a business selling similar products.
The proposed vending location is 61 metres from Cherry Street Restaurant, 141 metres from Knob Hill Farms Cafe and 319 metres from the Cherry Street entrance to The Docks Restaurant.
No. 2: The proposed vending location is a safety concern given the considerable industrial/commercial traffic along Cherry Street
Staff response: Municipal Code Chapter 315, Street Vending, requires a minimum separation of 30.5 metres from a vending location and a signalized intersection.
The proposed location is 31.0 metres from the pedestrian crosswalk at Commissioners Street.
No. 3: The proposed vending location is a safety concern given the considerable recreational traffic along the Martin Goodman Trail
Staff response: Municipal Code Chapter 315, Street Vending, requires 3.66 metres of paved passable space to be maintained for pedestrians.
A minimum of 4.4 metres 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 curblane vending at this location would not adversely affect the safety of pedestrians using the Martin Goodman Trail.
Conclusions:
As this application complies with the physical and administrative requirements of the Municipal Code, and does not pose a safety concern for pedestrians, the application should be approved.
Contact Name and Telephone Number:
Lisa Forte, 392-1801
The Toronto Community Council reports for the information of Council, also having had a communication (February 17, 1998) from Mr. Nicholas T. Macos, Barrister and Solicitor, and a copy thereof is on file in the office of the City Clerk.
Curblane Vending
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