Sidewalk/Boulevard Vending Appeal -

Roehampton Avenue, west side, 6.5 metres east of

Yonge Street (North Toronto)

The Toronto Community Council recommends that the application for a sidewalk/boulevard vending location in a residential zone on the Roehampton Street flankage, west side, 6.5 metres east of Yonge Street, be approved and that the City Solicitor introduce the necessary Bill in Council to amend Schedule "G", Chapter 315, Streets Vending, of the former City of Toronto Municipal Code, so that a license can be issued for this specific location on Roehampton Street.

The Toronto Community Council submits the following report (May 21, 1998) from the Director, By-law Administration and Enforcement, City Works Services:

Purpose:

To report on an appeal of staff's refusal of a sidewalk/boulevard vending application, which was denied because the proposed location is zoned "residential" and is not listed within Schedule B or F as required by Municipal Code Chapter 315, Street Vending.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendation:

That, should City Council wish to permit Mr. Mustafa Khazabi to vend on the sidewalk/boulevard in a residential zone, on the Roehampton Street flank, west side, 6.5 metres east of Yonge Street, which is not presently permitted under City of Toronto Municipal Code, Chapter 315, it is recommended that the Commissioner conduct a poll, at the applicant's expense, of all owners and tenants within 120 metres of the property, as required for proposed boulevard cafes on residential flankages per Chapter 90, Polling Notification and Procedures; and if the poll result is positive, that the City Solicitor introduce the necessary bill in Council to amend Schedule G, Chapter 315, Street Vending, accordingly so that a licence may be issued for this location.

Background:

Mr. Mustafa Khazabi, in his letter of March 25, 1998 (Appendix 'A') has requested an appeal of staff's decision to refuse an application for a sidewalk/boulevard vending permit on Roehampton Avenue, west side, 6.5 metres east of Yonge Street. The vendor proposes to sell jewellery.

Comments:

Mr. Mustafa Khazabi, 45 Oakmount Road, Apt. 1412, Toronto, Ontario M6P 2M4, applied on March 18, 1998 for a sidewalk/boulevard vending permit on Roehampton Avenue, west side, 6.5 metres east of Yonge Street (Appendix 'B').

Before Mr. Mustafa Khazabi applied and paid the necessary fee, staff cautioned him that the application would be automatically rejected because it did not comply with Municipal Code Chapter 315, Street Vending. The proposed location is zoned "residential" and is therefore not included in the list of designated streets where vending is permitted, as set out in Schedule B of Chapter 315. All locations in Schedule "B" are in commercial/industrial zoned areas.

Permitting vending in a residential location would set a precedent in the City of Toronto. Currently, street vending is prohibited entirely in the communities of Etobicoke, Scarborough and York, and permitted, with various limitations, in North York, East York, Toronto and on some Metro roads. None of these communities permit vending in residential areas.

Conclusions:

Approving this request would set a precedent. However, if this is a request which Council wishes to support in principle, I recommend that the local residents' views are also considered, through a confidential poll, as required in Municipal Code Chapter 90, Polling Notification and Procedures, for boulevard cafes on residential flankages. If the poll result is positive, then the City Solicitor would introduce the necessary bill to amend Schedule G. Staff could then issue a permit. I suggest the cost of such a poll which is not covered by the $220.98 application fee, be borne by the applicant.

Contact Name and Telephone Number:

Lisa Forte, 392-1801

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Mr. Mustafa Khazabi, Toronto, Ontario appeared before the Toronto Community Council in connection with the foregoing matter.

(A copy of Appendix A referred to in the foregoing report was forwarded to all Members of the Toronto Community Council with the agenda for its meeting on May 27, 1998, and a copy thereof is on file in the office of the City Clerk).