Denial of Application for a Boulevard Cafe -
832 College Street, Ossington Avenue Flankage (Trinity-Niagara)
The Toronto Community Council recommends that:
(1)City Council approve the application for boulevard cafe privileges on the Ossington Avenue flankage of
832 College Street, notwithstanding the negative result of the public poll, and that such approval be subject
to
(a)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; and
(b)the patio being closed and cleared by 10:30 p.m. from Sunday to Thursday and by 11:30 p.m. on Friday
and Saturday; and
(2)the Commissioner of Works and Emergency Services be requested to report back after the end of the
1998 cafe season on the operation of the cafe.
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 staff's refusal of an application for a boulevard cafe on the Ossington Avenue flankage of 832 College
Street, because of a negative public poll. As this matter is of public interest, it is scheduled as a deputation item.
Funding Sources, Financial Implications and Impact Statement:
Not applicable.
Recommendations:
The Toronto Community Council may recommend that:
(1)City Council approve the application for boulevard cafe privileges on the Ossington Avenue flankage of 832
College Street, notwithstanding the negative result of 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; and
(2)Should City Council approve the application, I be requested to report back after the end of the 1998 cafe season
on the operation of the cafe;
OR
(3)City Council deny the application for boulevard cafe privileges on the Ossington Avenue flankage of 832
College Street.
Background:
Councillor Joe Pantalone, in his communication of May 14, 1998 (Appendix 'A'), requested a report on the
application for a boulevard cafe licence at 832 College Street.
Comments:
Mr. Majid Khoshab, owner of 1179621 Ontario Limited, o/a Coffee Time Donuts, 832 College Street, Toronto,
Ontario M6G 1C8, submitted an application on December 5, 1997, requesting a licence for boulevard cafe
privileges on the Ossington Avenue flankage of 832 College Street.
The proposed cafe area is approximately 27.18 sq. m., as shown on the attached sketch (Appendix 'B'). It can
accommodate 6 tables, with a potential seating capacity of 24 people.
This application meets the physical criteria for boulevard cafe as set out in § 313-36 of Municipal Code Chapter 313
of the former City of Toronto Municipal Code.
As the proposed cafe flanks a residential zone, the Municipal Code requires a public poll of owners and tenants
within 120 metres from the proposed cafe. If the majority of the ballots cast are in favour of the application, the
application is approved. If the majority are opposed, the Commissioner must deny the application. If there is
negative response, re-polling for the same purpose may not take place until 2 years have passed from the closing
date of the previous poll.
A poll dated March 9 to April 8, 1998 was conducted on the west side of Ossington Avenue, between house nos.
460 and 478 and on the east side of Ossington Avenue between house nos. 455 and 493, including 832 and 834
College Street, to determine neighbourhood support. The poll was conducted in English, French, Italian and
Portuguese (i.e. every person received the ballot form in 4 languages). The results of the poll were as follows:
Polling Summary
Mr. Khoshab was advised in writing May 15, 1998 that given the negative poll, a licence could not be issued.
Furthermore, Mr. Khoshab was advised that a further application for boulevard cafe privileges at 832 College Street
could not be considered for twenty-four months from the closing date of the public poll which was April 8, 1998.
Staff cannot issue Mr. Khoshab a licence for the cafe on the Ossington Avenue flankage because the poll result was
negative. I am satisfied that the poll was conducted properly, and ballots were available in Italian and Portuguese, as
well as the two official languages.
On hearing the deputations, the Toronto Community Council must decide whether or not to recommend that City
Council approve the boulevard cafe at 832 College Street, Ossington Avenue flankage.
(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 June 24 and 25, 1998, and a copy thereof is on file in the
office of the City Clerk).
