Appeal of Denial of Application for a

Boulevard Cafe - 6 Gloucester Street (Downtown)

The Toronto Community Council recommends that City Council deny the application for a boulevard cafe fronting 6 Gloucester Street.

The Toronto Community Council submits the following report (April 9, 1999) from the Manager, Right of Way Management, Transportation Services, District 1, Works and Emergency Services:

Purpose:

To report on the business owner's appeal of staff's refusal of an application for a boulevard cafe fronting 6 Gloucester Street, because written objections were received in response to the public notification. As applicants must be given the opportunity to be heard before Toronto Community Council, this matter 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 a boulevard cafe fronting 6 Gloucester Street; OR

(2)City Council approve the application for a boulevard cafe fronting 6 Gloucester Street, notwithstanding the negative response to the public notice, 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.

Background:

Ms. Carmela Sebastian, in her letter dated March 9, 1999 (Appendix 'A'), has requested an appeal of staff's decision to refuse an application for a boulevard cafe fronting 6 Gloucester Street.

Comments:

Ms. Carmela Sebastian, owner of 1312337 Ontario Ltd., o/a Fly, 104 Markwood Place, Markham, Ontario L6A 1C5, submitted an application on January 6, 1999, requesting a licence for a boulevard cafe fronting 6 Gloucester Street for an area of approximately 35.5 sq. m., as shown on the attached sketch (Appendix 'B'). It can accommodate 8 tables, with a potential seating capacity of 32 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.

Chapter 313 of the former City of Toronto Municipal Code requires that where a cafe proposal is to be located on a commercial frontage, a notice must be posted on the property for not less than 14days to determine neighbourhood support. If a written objection is received, the application must be refused by staff, but such refusal may be subject to an appeal by the applicant.

A notice was posted on February 11, 1999, with an expiry date of February 25, 1999, to determine neighbourhood support. Prior to the expiry date of the notice, 2 letters of objection (Appendices 'C' and 'D') were received in opposition to the proposed cafe.

Ms. Carmela Sebastian was advised in writing that given the negative response to the posting, a boulevard cafe licence could not be issued.

Conclusion:

Staff cannot issue Ms. Carmela Sebastian a licence for a boulevard cafe fronting 6 Gloucester Street due to the negative response to the public posting.

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

Contact Name and Telephone Number:

Ken McGuire, 392-7564

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(Copies of Appendices A, C and D, referred to in the foregoing report was forwarded to all Members of the Toronto Community Council with the 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:

-Ms. Carmen Sebastian, Owner of Boulevard Cafe; and

-Mr. Al Flis, Toronto Police Service.

Insert Table/Map No. 1

6 Gloucester Street