Appeal of denial of Application for a Sidewalk/Boulevard Vending

Permit - Leslie Street, east side, at Unwin Street (Don River)

The Toronto Community Council recommends that:

(1)a permit to allow vending on the sidewalk/boulevard, on the east side of Leslie Street at Unwin Street, be authorized;

(2)a permit to allow vending not less than 300 metres from the location set out in Recommendation No. (1) be authorized; and

(3)Chapter 315 of the former City of Toronto Municipal Code be amended accordingly.

The Toronto Community Council reports, for the information of Council, having requested the Commissioner of Works and Emergency Services to report directly to Council on which of the two applicants, Ms. Mary Dimitropoulos or Ms. Tihomira Pachova, should be granted each permit.

The Toronto Community Council submits the following report (June 5, 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 not listed with Schedule 'B' as required by Municipal Code Chapter 315, Street Vending.

Funding Sources, Financial Implications and Impact Statement:

Not applicable

Recommendations:

That, should City Council wish to permit Ms. Mary Dimitropoulos to vend on the sidewalk/boulevard, on the east side of Leslie Street at Unwin Street, which is not presently permitted under City of Toronto Municipal Code Chapter 315, it is recommended that the City Solicitor introduce the necessary bill in Council to amend Schedule B of Chapter 315, Street Vending, to include Leslie Street, both sides from Unwin Street to Commissioners Street.

Background:

Ms. Dimitropoulos, in her letter of April 28, 1998 (Appendix 'A') has requested an appeal of staff's decision to refuse an application for a sidewalk/boulevard vending permit on Leslie Street, east side at Unwin street.

Comments:

Ms. Mary Dimitropoulos, 30 Virginia Avenue, Toronto, Ontario, M4C 2S7, applied on April 14, 1998 for a sidewalk/boulevard vending permit on Leslie Street, east side, at Unwin Street (Appendix'B'). Ms. Dimitropoulos proposes to vend sausages, hot dogs and cold drinks.

Before Ms. Mary Dimitropoulos applied and paid the necessary fee, staff cautioned her that the application would be automatically rejected because it did not comply with Municipal Code Chapter 315, Street Vending. Leslie Street, both sides, from Unwin Street to Commissioners Street, including the proposed vending location is zoned industrial, and has recently been designated a City Street, therefore, it is not 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.

Conclusions:

As this application complies with the physical requirements of the Municipal Code, the application should be approved. If the proposed vending location is approved, then the City Solicitor would introduce the necessary bill to amend Schedule B to add this portion of Leslie Street to the list of designated streets for vending.

Contact Name and Telephone Number:

Lisa Forte, 392-1801

The Toronto Community Council also submits the following communication (June 15, 1998) from Councillor Jakobek:

Re: Request for Sidewalk/Boulevard Vending Permit from Ms. Tihomira Pachova - Leslie Street, east side, at Unwin Street

I have enclosed herewith a copy of a letter from Ms. Tihomira Pachova, dated March 30, 1998, regarding the above noted matter.

Also enclosed are copies of letters from customers and a signed petition, advising that Ms. Pachova has been selling at this corner for the last six years.

I would kindly request The Toronto Community Council, at the next meeting on June 24, 1998, approve her application and issue the permit.

Thank you for your co-operation in this matter.

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The following persons appeared before the Toronto Community Council in connection with the foregoing matter:

-Mr. Bill Dimitropoulos; and

-Ms. Tihomira Pachova.

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(A copy of Appendix A, referred to in the foregoing report, and the letters referred to in the foregoing communication from Councillor Jakobek, were forwarded to all Members of the Toronto Community Council with the agenda for its meeting on June 24 and 25, 1998, and a copy thereof is on file in the office of the City Clerk).

(Copy of Map appended hereto, is on file in the office of the City Clerk.)