Boulevard Cafe - Craighurst Avenue Flankage of

2630 Yonge Street (North Toronto)

 The Toronto Community Council recommends that City Council approve the application for a boulevard cafe on the Craighurst Avenue flankage of 2630 Yonge Street, notwithstanding the former City of Toronto City Council=s denial, and that such approval be subject to the applicant complying with the criteria set out in Chapter 313 of the former City of Toronto Municipal Code.

 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 request for a boulevard cafe on the Craighurst Avenue flankage of 2630 Yonge Street because a similar request was denied by the former City Council in June 1997, although a majority of the ballots cast in the public poll were in favour of the proposal. As this matter is 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 recommended that:

 (1)City Council approve the application for a boulevard cafe on the Craighurst Avenue flankage of 2630 Yonge Street, notwithstanding the former City Council=s denial, and that such approval be subject to the applicant complying with the criteria set out in Chapter 313 of the City of Toronto Municipal Code;

 OR

 (2)City Council deny the application for a boulevard cafe on the Craighurst Avenue flankage of 2630 Yonge Street.

 Background:

 The former City of Toronto Council, at its meeting of June 23, 1997, in considering a similar request from Mr. Dan Johnson, acting on behalf of Starbucks Coffee Company, denied the application for a boulevard cafe on the Craighurst Avenue flankage of 2630 Yonge Street.

 The public poll was in favour of the proposed cafe.

 While Municipal Code Chapter 90 specifically prohibits re-polling for the same purpose for two years following the closing date of the last poll (which in this case was April 21, 1997), this was intended to prevent re-polling if the poll result had been negative. (Staff cannot issue a licence if a poll is negative unless Council grants an appeal.)

 However, the Municipal Code is silent on the issue of when someone may re-apply for a licence if the poll result has been positive but City Council has still decided to deny the request.

 Therefore, given the absence of any rules to govern this situation, we have advised Mr. Johnson to re-apply so that we can bring the matter to the Toronto Community Council for further public discussion.

 The City Clerk's office has notified the owners and occupants within 120 m along both sides of Craighurst Avenue from the proposed boulevard cafe, advising of Mr. Johnson's new request for a boulevard cafe.

 Comments:

 On March 19, 1998, Mr. Daniel Johnson, architect/agent, acting on behalf of Starbucks Coffee Company, 65 Queen Street West, Suite 1506, Toronto, Ontario M5H 2M5, re-applied for a boulevard cafe licence to operate a cafe on the Craighurst Avenue flankage of 2630 Yonge Street. The original application was made in January 1997.

 The proposed cafe area is approximately 19.8 sq. m., as shown on the attached sketch (Appendix 'A'). It can accommodate 18 tables with a potential seating capacity of 72 people.

 The application meets the physical criteria for boulevard cafes set out in ' 313-36 of City of Toronto Municipal Code Chapter 313.

 The original application was processed as required, including a public poll of owners and tenants within 120 m of the property.

 The public poll dated March 20 to April 21, 1997 was conducted on Craighurst Avenue between Nos. 20 and 68 on the north side and between Nos. 19 and 63 on the south side, including 2628 Yonge Street. The results were as follows:

  Polling Summary

 The majority of ballots cast were in favour of the proposal. However, the former Ward Councillor, Kay Gardner, requested a report on the matter for public deputations because she had heard from some concerned residents. The City Services Committee heard the deputations on June 4, 1997 and recommended that City Council deny the request.

 City Council, at its meeting of June 23 and 24, 1997, adopted the recommendation of the City Services Committee and denied the request.

 Conclusions:

 The current poll results are positive and the applicant has re-applied. The Municipal Code is silent on how to deal with this situation.

 On hearing the deputations, the Toronto Community Council should decide whether or not to recommend that City Council grant a licence for a boulevard cafe on the Craighurst flankage of 2630 Yonge Street.

 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. Fiona Anderson

-(May 2, 1998) from Mr. David McRobert

-(May 5, 1998) from Ms. Susan Humphrey

 Mr. Dan Johnson, John Gustavson Architect, appeared before the Toronto Community Council in connection with the foregoing matter.