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Appeal of Denial of Application for a Boulevard Cafe -
Broadway Avenue Flankage of 2387 Yonge Street
(North Toronto)
The Toronto Community Council recommends that City Council deny the application for a boulevard cafe
on the Broadway Avenue flankage of 2387 Yonge Street.
The Toronto Community Council submits the following report (June 10, 1998) from the Acting Assistant
Director, By-law Administration and Enforcement, City Works Services:
Purpose:
To report on the results of the public poll conducted in connection with the business operator's request for a cafe
licence on the Broadway Avenue flankage of 2387 Yonge Street. The poll and report was requested by the Toronto
Community Council.
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 Broadway Avenue flankage of 2387 Yonge
Street, notwithstanding the negative response to the public notice and 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, of the former City of Toronto Municipal Code;
OR
(2)City Council deny the application for a boulevard cafe on the Broadway Avenue flankage of 2387 Yonge Street.
Background:
The Toronto Community Council, at its meeting of April 1, 1998, in considering a report (March 10, 1998) from the
former Director, By-law Administration and Enforcement, City Works Services, entitled "Appeal of Denial of
Application for a Boulevard Cafe - Broadway Avenue flankage of 2387 Yonge Street", deferred consideration of the
matter and requested the Commissioner of Works and Emergency Services to undertake a poll with respect to the
application and report back on the results of the poll to its meeting of June 24, 1998.
Comments:
A poll dated April 27, 1998 to May 27, 1998 was conducted on Broadway Avenue, between house nos. 2 to 28 and
3 to 11, including 2377, 2383 and 2401 Yonge Street to determine neighbourhood support. The poll was conducted
in English and French. The results of the poll are as follows:
Polling Summary
| Ballots cast
opposed96
in favour20 |
116 |
| No response |
494 |
| Returned by post office |
114 |
| Total ballots issued |
724 |
Conclusions:
Both the public notice and the recent poll indicate that the neighbourhood is strongly opposed to the boulevard cafe
at 2387 Yonge Street, Broadway Avenue flankage.
Although the proposed cafe met the physical criteria for boulevard cafes set out in § 313-36 of Municipal Code
Chapter 313 of the former City of Toronto Municipal Code (i.e. setbacks, physical design, location), these criteria
alone cannot address all public concerns which they relate to additional noise, pedestrian and car traffic, garbage,
illegal parking and late night use of the adjacent public garage.
On hearing the deputations, the Toronto Community Council must decide whether or not to recommend that City
Council grant permission for a boulevard cafe on the Broadway Avenue flankage of 2387 Yonge Street.
Contact Name and Telephone Number:
Ken McGuire, 392-7564
The Toronto Community Council also submits the following report (March 10, 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 Broadway
Avenue flankage of 2387 Yonge Street because written objections were received in response to the public
notification.
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 Broadway Avenue flankage of 2387 Yonge
Street, notwithstanding the negative response to the public notice, 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 Broadway Avenue flankage of 2387 Yonge Street.
Background:
The Toronto Community Council, at its meeting of January 21, 1998, in considering a communication (December
19, 1997) from Mr. Tony O'Donohue, acting on behalf of Mr. Craig Findlay, CEO, Koo Koo Roo Canada Partners
Ltd., asked me to report on his appeal, as a deputation item.
Comments:
Mr. Paul Sipos, 120 Adelaide Street West, Unit # 2150, on behalf of 1170060 Ontario Ltd/Koo Koo Roo Canada
Partners Ltd., o/a Koo Koo Roo California Kitchen, submitted an application on May 23, 1997 requesting a licence
for a boulevard cafe on the Broadway Avenue flankage of 2387 Yonge Street.
The proposed cafe area is approximately 36.0 sq. m., as shown on the attached sketch (Appendix 'A'). It can
accommodate 8 tables, with a potential seating capacity of 32 people.
The application met the physical criteria for boulevard cafes set out in § 313-36 of City of Toronto Municipal Code
Chapter 313 and a notice was posted on June 10, 1997, for 14 days, to determine neighbourhood support. Prior to
the expiry date of the notice, the Department received six (6) letters of objection, one of which included a petition
with 59 signatures in opposition to the cafe (Appendices 'B' through 'H'). The Department also received one (1)
other letter of objection after the expiry date from an area tenants' association (Appendix 'I').
Generally, the concerns relate to the additional noise, foot and car traffic, garbage, illegal parking and late night use
of the adjacent public garage that will be generated by the cafe. As well, there is a concern that disabled residents in
the neighbourhood will have difficulty manoeuvring their wheelchairs past the cafe enclosure and other street poles,
etc.
Mr. Craig Findlay was advised in writing that we could not issue a licence because of the negative response from
the public posting.
Mr. O'Donohue, arguing on behalf of Koo Koo Roo, feels that the neighbours may be more receptive to a boulevard
cafe now that Koo Koo Roo has been operating the restaurant for over 6 months.
Conclusions:
Staff cannot issue Mr. Findlay a licence for a boulevard cafe on the Broadway Avenue flankage of 2387 Yonge
Street because of the negative response to the public posting.
Although there are clear criteria surrounding the physical design, setbacks, location and hours of operation of
boulevard cafes, these technical criteria alone cannot address all public concerns which may also relate to the quality
of the operation of a boulevard cafe or the behaviour of current or future clientele. Cafes do introduce a new level of
activity in an area.
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
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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 6, 1998) from the City Clerk, Toronto Community Council, addressed to the Commissioner of Works and
Emergency Services;
-(June 18, 1998) from Ms. Hilda Wilson;
-(June 22, 1998) from Bernice Slotnick;
-(undated) from Mr. Lev Teplitsky; and
-(June 24, 1998) from Mr. and Mrs. Geoffery and Susanne Sadleir.
The following persons appeared before the Toronto Community Council in connection with the foregoing matter:
-Ms. Cindy Visser;
- Mr. Albert B. Hoogenboon; and
-Mr. Tony O'Donohue
(A copy of Appendices B to I, referred to in the foregoing report was 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 attached hereto, is on file in the office of the City Clerk.)
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