Application for a Sidewalk/Boulevard Vending

Permit - Temperance Street, north side, 76 metres

west of Yonge Street (Downtown)

The Toronto Community Council recommends that City Council deny the application for sidewalk/boulevard vending on Temperance Street, north side, 76 metres west of Yonge Street.

The Toronto Community Council submits the following (April 14, 1999) from the Manager, 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)City Council deny the application for sidewalk/boulevard vending on Temperance Street, north side, 76 metres west of Yonge Street; OR

(2)City Council approve the application for sidewalk/boulevard vending on Temperance Street, north side, 76 metres west of Yonge 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.

Background:

Mr. Thomas W. Zwiebel, solicitor acting on behalf of Mr. John Andriopoulos, in his letter of February 11, 1999 (Appendix 'A'), has requested an appeal of staff's decision to refuse an application for a sidewalk/boulevard vending permit on Temperance Street, north side, 76 metres west of Yonge Street.

Comments:

Mr. John Andriopoulos, 32 St. Dennis Drive, Suite #406, Toronto, Ontario M3C 1G5, applied on November 4, 1998 for a sidewalk/boulevard vending permit on Temperance Street, north side, 76metres west of Yonge Street, as shown on the attached sketch (Appendix 'B'). Mr. John Andriopoulos proposes to vend hot dogs, sausages and cold drinks.

As the application complies with the physical and administrative requirements of former City of Toronto Municipal Code Chapter 315, Street Vending, we notified the adjacent property owner for their comments, if any. Mr. Andrew Thomson, Director, Development, Trizec Hahn Corporation, BCE Place, 181 Bay Street, Suite 3900, Box 800, Toronto, Ontario M5J 2T3, has submitted a letter of objection dated November 26, 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. Andriopoulos 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. Thomson's concerns, they are summarized below along with the staff's response:

Concern No. 1:The proposed vending location is in close proximity of a road closure to facilitate the construction of a building on the south side of Temperance Street, municipal address # 40 Adelaide Street West

Staff Response:A review of the approved plans for the road closure shows the closure is for the south sidewalk and south curb lane of Temperance Street. The proposed vending location is at the property line on the north side of Temperance Street.

Concern No. 2:The proposed vending location would hamper streetscaping treatments planned along Temperance Street, at the completion of the building construction

Staff Response:Municipal Code Chapter 315, Street Vending, of the former City of Toronto Municipal Code, requires that the vendor must vacate the area for utility maintenance or re-construction, without compensation from the City.

Concern No. 3:The proposed vending location would create an unsafe condition for the vendor and his patrons due to construction traffic and overhead crane activities

Staff Response:Inspection staff have determined that the closure of this area is not necessary during construction of the building and is safe for public use.

Conclusions:

This application complies with the physical and administrative requirements of the Municipal Code. Staff cannot issue Mr. Andriopoulos 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 the City Council grant the permit.

Contact Name and Telephone Number:

Lisa Forte, 392-1801

(Copies of Appendices A and C, referred to in the foregoing report was forwarded to all Members of the Toronto Community Council with agenda for its meeting on April 28, 1999, and a copy thereof is on file in the office of the City Clerk).

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The following persons appeared before the Toronto Community Council in connection with the foregoing matter:

-Mr. T. Zwiebel, Toronto, Ontario obo the applicant; and

-Mr. Mark Noskiewicz, Goodman Phillips & Vineberg obo Trizec Hahn Corporation.

Insert Table/Map No. 1

Vending permit - Temperance Street