Appeal of Street Vending Permit Application No. 113 -

Banbury Road, North of York Mills Road -

North York Centre South

The North York Community Council recommends the adoption of the following report (January 26, 1999) from the Director, Transportation Services, District 3:

Purpose:

To consider an appeal of the Transportation Division's refusal of an application by Mr. Pietro Scalise for a street vending permit to sell hot dogs and sausages on the east side of Banbury Road, 77 metres north of York Mills Road, adjacent to the Etienne Brule Secondary School.

Source of funds:

There are no costs associated with this application.

Recommendations:

That the applicant's appeal of the decision to refuse the application, not be supported.

Council Reference/Background/History:

The current application was submitted on October 7, 1998, despite staff of the Transportation Services notifying the applicant that previous applications had been refused.

Staff met on site with the applicant's representative where it was determined that there is sufficient space within the municipal boulevard to accommodate the placement of a hot dog vending cart. The proposed location is located on the east side of Banbury Road, 77 metres north of York Mills Road. The location of the vending operation would not create a pedestrian impediment or sight obstruction.

Comments and/or Discussion and/or Justification:

In accordance with By-law No. 32100, of the former City of North York, the Public Health Department, Road Operations, the local Councillors and Etienne Brule Secondary School were solicited for comments regarding this application.

The Public Health Department and Roads Operations have indicated that they have no objection to the issuance of a permit. No comments have been received by this division from the administration of the Etienne Brule Secondary School.

Councillor Joanne Flint has advised the Transportation Division that her office is unable to support the granting of a permit at the above location as this application is essentially the same as a previous application, which was refused in March of 1995. There have also been several other applications in the general area which have been refused.

Councillor Milton Berger has advised this division that he concurs with Councillor Joanne Flint's comments regarding the refusal of the application.

Conclusions:

In accordance with By-Law No. 32100, of the former City of North York, staff processed the application for comments as required. In light of the Councillors' objections, the Transportation Division refused the application.

Contact Name:

Allen Pinkerton, Manager of Traffic Operations - District 3

395-7463 (telephone)

395-7482 (facsimile)

ajpinker@city.north-york.on.ca (e-mail)

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Mr. Michael Doyle, Solicitor on behalf of the applicant, appeared before the North York Community Council in connection with the foregoing matter, and requested a deferral of this matter in order to consult further with the principals of the schools situated in close proximity to the proposed location of the vending cart.