Boulevard Cafe Appeal - Holly Street Flankage of

45 Eglinton Avenue East (North Toronto)

 The Toronto Community Council recommends that:

 (1)City Council approve the application for a boulevard cafe on the Holly Street flankage of 45 Eglinton Avenue East, 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 the former City of Toronto Municipal Code Chapter 313, Streets and Sidewalks; and

 (2)the Commissioner of Works and Emergency Services be requested to report on the patio to the Toronto Community Council at its meeting to be held on November 12, 1998.

 The Toronto Community Council submits the following report (April 22, 1998) from the Director, By-law Administration and Enforcement, City Works Services:

 Purpose:

 To report on the business owner=s appeal of staff=s refusal of an application for a boulevard cafe on the Holly Street flankage of 45 Eglinton Avenue East, because of a negative public poll.

 Funding Sources, Financial Implications and Impact Statement:

 Not applicable.

 Recommendation:

 The Toronto Community Council may recommend that:

 (1)City Council approve the application for a boulevard cafe on the Holly Street flankage of 45 Eglinton Avenue East, 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 a boulevard cafe on the Holly Street flankage of 45 Eglinton Avenue East.

 Background:

 The Toronto Community Council, at its meeting of January 21, 1998, in considering a communication (January 6, 1998) from Mr. G. Francis Deck, Vice President, Fran=s Restaurant Ltd., asked me to report on his appeal, as a deputation item.

 Comments:

 Mr. G. Francis Deck, Vice President of Fran=s Restaurant Ltd., o/a Fran=s Eglinton, 21 St. Clair Avenue West, Toronto, Ontario M4V 1K6, submitted an application on July 28, 1997, requesting a licence for a boulevard cafe on the Holly Street flankage.

 The current proposal is for a cafe of approximately 38.9 sq. m., as shown on the attached sketch (Appendix >A=). It can accommodate 9 tables, with a potential seating capacity of 36 people.

 This proposal has been modified at staff=s request to ensure that the cafe area is wide enough to accommodate patrons in wheelchairs. Mr. Deck is prepared to pay for reconstruction of a portion of the sidewalk to satisfy this requirement.

 This application meets the physical criteria for boulevard cafes as 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 September 3, 1997 to October 3, 1997, was conducted on Holly Street between Nos. 30 and 84 Holly Street and on Dunfield Avenue between Nos. 40 and 70 Dunfield Avenue to determine neighbourhood support. The poll was conducted in English and French as requested by the Councillor (i.e. every person polled received the ballot form in 2 languages). The results of the poll were as follows:

 Polling Summary

  Mr. Francis Deck was advised in writing that given the negative poll, a licence could not be issued.

 Conclusions:

 Staff cannot issue Mr. Francis Deck a licence for a boulevard cafe on the Holly Street 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

 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 a copy thereof is on file in the office of the City Clerk:

 -(April 30, 1998) from Ms. Ann Adams

-(April 30, 1998) from Ms. Anne Brossard

-(May 4, 1998) from Ms. Anne Zepf

-(May 4, 1998) from Mr. Norman Proven

-(Undated) from Ms. Milana Todoroff forwarding a petition signed by 90 persons in opposition

-(Undated) from Ms. Milana Todoroff forwarding 4 more signatures in opposition

 Mr. Francis Deck, Vice President, Fran Restaurants Limited, appeared before the Toronto Community Council in connection with the foregoing matter.