Sidewalk/Boulevard Vending - College Street, South Side,

42 Metres East of McCaul Street (Downtown)

The Toronto Community Council recommends that City Council deny the application for sidewalk/boulevard vending on College Street, south side, 42 metres east of McCaul Street.

The Toronto Community Council reports, for the information of Council, having requested the Commissioner of Works and Emergency Services to meet with the applicant to find an appropriate site for the applicant in the area, possibly on McCaul Street.

The Toronto Community Council submits the following report (January 29, 1999) from the Manager of Right of Way Management, Transportation Services, District 1, Works and Emergency Services:

Purpose:

To report on an appeal of staff's refusal of a sidewalk/boulevard vending application, which was denied because a written objection was received. As this is an appeal, it is scheduled as a deputation item.

Funding Sources, Financial Implications and Impact Statement:

Not applicable.

Recommendation:

The Toronto Community Council may recommend that:

(1)That City Council approve the application for sidewalk/boulevard vending on College Street, south side, 42 metres east of McCaul Street, notwithstanding the objection received by the adjoining property owner; and that such approval be subject to the applicant complying with the criteria set out in Municipal Code Chapter 315, Street Vending, of the former City of Toronto Municipal Code; or

(2)City Council deny the application for sidewalk/boulevard vending on College Street, south side, 42 metres east of McCaul Street.

Background:

Mr. Krassimira Tabakova, in his letter of November 9, 1998 (Appendix 'A'), has requested an appeal of staff's decision to refuse an application for a sidewalk/boulevard vending permit on College Street, south side, 42 metres east of McCaul Street.

Comments:

Mr. Krassimira Tabakova, 1 Landor Drive, Toronto, Ontario, M6M 4J3, applied on September15,1998 for a sidewalk/boulevard vending permit on College Street, south side, 42 metres east of McCaul Street, as shown on the attached sketch (Appendix 'B'). Mr. Tabakova proposes to vend hot dogs, sausages and cold drinks.

As the application complies with the physical and administrative requirements of the former City of Toronto Municipal Code Chapter 315, Street Vending, we notified the adjacent property owner for their comments, if any. Mr. Gil Nefsky, Senior Planning Officer, Toronto District School Board, 155 College Street, Toronto, Ontario M5T1P6, has submitted a letter of objection dated October 15, 1998 (Appendix 'C') 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, we are 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. Tabakova and confirm that we cannot issue a vending permit under Municipal Code Chapter 315, Street Vending, of the former City of Toronto Municipal Code, because we have received a letter of objection.

In order to assist your Committee with the evaluation of Mr. Nefsky's concerns, they are summarized below along with the staff's response.

Concern No. 1:The proposed vending location will result in pedestrian congestion across the frontage of the building as well as at the front doors

Staff Response:Municipal Code Chapter 315, Street Vending, of the former City of Toronto Municipal Code, requires a minimum clear paved passable space of 3.66 metres for safe pedestrian movement, and requires the proposed vending location not be situated in front of any entrance or exit.

A minimum of 4 metres of paved passable space will be maintained at the requested location. The proposed vending location is 2.2 lineal metres south from the entrance/exit to the building. Further, the entrance to 155 College Street is set back 7.8 metres from the proposed vending location.

Concern No. 2:The proposed vending location is in an area already served by an existing hot dog vendor at College and University, and two at College and Beverley. In addition, a restaurant on the south side of College between McCaul and Beverley operates a hot dog stand

Staff Response:Municipal Code Chapter 315, Street Vending, of the former City of Toronto Municipal Code, requires a 25 metre separation from other vendors, as well as a business selling similar products.

The proposed vending location is 167.5 metres from the licensed vendor at College Street and University Avenue. There are no licensed vending locations at College and Beverley Streets. In addition, the proposed vending location is 77.2 metres from the restaurant on College between McCaul and Beverley Streets.

Conclusions:

This application complies with the physical and administrative requirements of the Municipal Code. Staff cannot issue Mr. Tabakova a permit because of the written objection to this application.

On hearing of deputations, the Toronto Community Council must decide whether or not to recommend that City Council grant the appeal.

Contact Name and Telephone Number:

Lisa Forte, 392-1801

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(A copy of Appendix A and C, referred to in the foregoing report was forwarded to all Members of the Toronto Community Council with the agenda for its meeting on February 17, 1999, and a copy thereof is on file in the office of the City Clerk).

The Toronto Community Council reports, for the information of Council, having also had before it during consideration of the foregoing matter, a communication (February 15, 1999) from Mr. Gary M. Parkinson, Executive Officer - Facilities Services, Toronto District School Board, and a copy thereof is on file in the office of the City Clerk.