Appeal of Denial of Application for a Sidewalk/Boulevard
Vending Permit - King Street West, south side,
74.5 metres west of Charlotte Street (Downtown)
The Toronto Community Council recommends that a permit be issued to Mr. Medina Marisabel for
sidewalk/boulevard vending on King Street West, south side, 74.5 metres west of Charlotte Street,
notwithstanding the objections received by the adjoining property owner and tenant.
The Toronto Community Council submits the following report (June 3, 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. The application was denied
because written objections were received. As this is an appeal, it is scheduled as a public hearing.
Funding Sources, Financial Implications and Impact Statement:
Not applicable.
Recommendations:
It is recommended that a permit be issued to Mr. Medina Marisabel for sidewalk/boulevard vending on King Street
West, south side, 74.5 metres west of Charlotte Street, notwithstanding the objections received by the adjoining
property owner and tenant.
Background:
Mr. Michael M. Doyle, solicitor acting on behalf of Medina Marisabel, in his letter of April 7, 1998 (Appendix
'A'), has requested an appeal of staff's decision to refuse an application for a sidewalk/boulevard vending permit on
King Street West, south side, 74.5 metres west of Charlotte Street.
Comments:
Mr. Medina Marisabel, 825 Bloor Street West, Apt. # 3, Toronto, Ontario, M6G 1M1, applied on December 12,
1997 for a sidewalk/boulevard vending permit on King Street West, south side, 74.5 metres west of Charlotte Street,
as shown on the attached sketch (Appendix 'B'). Mr. Medina Marisabel proposes to vend sausages, hot dogs and
cold drinks.
As the application complies with the physical and administrative requirements of City of Toronto Municipal Code
Chapter 315, Street Vending, we notified the adjacent property owner for their comments, if any. Mr Allan G.
Beach of Fasken Campbell Godfrey, solicitor for the owner of the adjoining property and Mr. Eric Bresler, solicitor
for the adjoining tenant, have submitted letters of objection dated February 9 & 10, 1998 (Appendix 'C' and 'D'),
regarding this location.
Under the procedural rules of the Municipal Code, where a written objection to the issuance of a vending permit has
been received in my office, I am required to refuse the application. The applicant then has 30 days from receipt of
our notice to request an appeal to the Toronto Community Council.
Staff have met with Mr. Medina Marisabel and confirm that we cannot issue a vending permit under Municipal
Code Chapter 315, Street Vending, because we have received a letters of objection.
In order to assist your Committee with the evaluation of Mr. Beach's concerns, they are summarized below along
with the staff response.
Concern #1:The proposed vending would unreasonably interfere with the operation of the existing or any future
business at the location
Staff response:Municipal Code Chapter 315, Street Vending, requires a minimum separation of 25 metres between
a vending location and a business selling a similar product. The objection received is not from a business selling a
similar product.
Concern #2:The proposed vending would increase pedestrian/bystander traffic and will greatly increase the odds of
mishap/accident
Staff response:Municipal Code Chapter 315, Street Vending, requires 3.66 metres of paved passable space to be
maintained for pedestrian movement.
Conclusions:
As this application complies with the physical and administrative requirements of the Municipal Code, the
application should be approved.
Contact Name and Telephone Number:
Lisa Forte, 392-1801
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The following persons appeared before the Toronto Community Council in connection with the foregoing matter:
-Ms. Marisabel Medina; and
-Mr. Eric Bresler
(A copy of Appendices A, C and D, referred to in the foregoing report was forwarded to 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 to the foregoing report, is on file in the office of the City Clerk.)
