Appeal of Denial of Boulevard Cafe and Request for
Extended Hours of Operation - 913 Dundas Street West,
Bellwoods Avenue Flankage (Trinity-Niagara)
The Toronto Community Council recommends that:
(1)City Council approve the application for a boulevard cafe on the Bellwoods Avenue flankage of 913 Dundas
Street West, 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;
(2)the cafe be required to close and clear by 10:00 p.m., 7 days a week, as set out in Municipal Code Chapter 313 of
the former City of Toronto Municipal Code; and
(3)the Commissioner of Works and Emergency Services be requested to report back at the end of the 1999 cafe
season on the operation of the cafe.
The Toronto Community Council submits the following report (November 23, 1998) from the Acting Assistant
Director, By-law Administration and Enforcement, Transportation Services:
Purpose:
To report on (a) staff's refusal of an application for a boulevard cafe on the Bellwoods Avenue flankage of 913 Dundas
Street West, because of a negative public poll; (b) the request for extended hours of operation of the boulevard cafe to
12:30 a.m., 7 days a week. As this is a matter 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 deny the application for a boulevard cafe on the Bellwoods Avenue flankage of 913 Dundas Street West;
OR
(2)(a)City Council approve the application for a boulevard cafe on the Bellwoods Avenue flankage of 913 Dundas Street
West, 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;
(b)should City Council approve the boulevard cafe application on the Bellwoods Avenue flankage of 913 Dundas Street
West, the cafe will be required to close and clear by 11:00 p.m., 7 days a week, as set out in Municipal Code Chapter 313
of the former City of Toronto Municipal Code; and
(c)the Commissioner of Works and Emergency Services be requested to report back at the end of the 1999 cafe season on
the operation of the cafe.
Background:
Councillor Joe Pantalone requested us to report on the denial of the boulevard cafe application on the Bellwoods Avenue
flankage of 913 Dundas Street West.
Comments:
Mr. Oswaldo Luiz, owner of Naomi's Kitchen, 913 Dundas Street West, Toronto, Ontario M6J 1V9, submitted an
application on July 7, 1998, requesting a licence for a boulevard cafe on the Bellwoods Avenue flankage of 913 Dundas
Street West. In addition, Mr. Luiz requested a closing time restriction of 12:30 a.m., 7 days a week.
The proposed cafe area is approximately 24.75 sq. m., as shown on the attached sketch (Appendix'A'). It can
accommodate 6 tables, with a potential seating capacity of 22 people.
This application meets the physical criteria for boulevard cafes as set out in § 313-36 of Municipal Code Chapter 313,
Streets and Sidewalks, 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
m 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 a 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 September 1, 1998 to October 1, 1998 was conducted on Bellwoods Avenue between Nos. 132 to 176 and
131 to 169, including 913 Dundas Street West, to determine neighbourhood support. The poll was conducted in English
and French (i.e. every person polled received the ballot form in 2 languages). The results of the poll were as follows:
Polling Summary
Mr. Oswaldo Luiz was advised in writing on October 29, 1998, that given the negative poll, a licence could not be issued.
Furthermore, Mr. Luiz was advised that a further application for a boulevard cafe on the Bellwoods Avenue flankage of
913 Dundas Street West could not be considered for 24 months from the closing date of the public poll which was October
1, 1998.
The City Clerk's office has notified the owners and occupants within 120 m along both sides of Bellwoods Avenue from
the proposed boulevard cafe, advising them of Mr. Luiz's request.
Staff cannot issue Mr. Luiz a licence for a boulevard cafe on the Bellwoods Avenue flankage because the poll result was
negative.
On hearing the deputations, the Toronto Community Council must decide whether or not to recommend that City Council
grant the appeal for the operation of a boulevard cafe on the Bellwoods Avenue flankage of 913 Dundas Street West,
including the request to extend the operating hours to 12:30a.m., 7 days a week.
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