Item - 2019.TE6.18

The Toronto and East York Community Council approved the application for the proposed boulevard café permit located at 356 College Street, Brunswick Avenue flankage, with the following conditions:

1. To the satisfaction of Parks, Forestry, and Recreation, and Transportation Services, and the Ward Councillor, and in consultation with the local Residents' Association, the applicant will create a landscaping plan, including but not limited to:

a. Removal of any trees in poor condition and their boxes, with any associated costs and repaving to be the responsibility of the applicant

b. Retention of any healthy trees in their boxes

c. Removal of any remaining trees in the event that they die, and in consultation with Forestry and Municipal Licensing and Standards, relocation or removal of the two additional planters as required

d. Creation of a barrier enclosure for garbage

e. Both built-in and removable fencing and furniture

2. The landscaping plan outlined in Recommendation 1 above be implemented no later than April 2020. In the interim the patio can be operational.

3. The applicant will amend the patio design so that its size and shape provide for a 2.13m sidewalk clearance around the hydro post and support cable as required by the bylaw ("clipping" the south corner). Municipal Licensing and Standards will not issue a permit for the patio until these amended drawings, which also indicate the location of all built-in and removable fencing and furniture are received and approved by the local Councillor. 

4. Between October 31st and April 15th, the area will be opened up as a shared, public, unenclosed space, while maintaining the built-in benches, including the removal of any fences and furniture required to satisfy Recommendation 1 above.

5. No amplified music outdoors.

6. Close and clear patio by 10:00 p.m. Sunday-Thursday, and 11:00 p.m. Fridays and Saturdays.

7. All access to patio will be through the restaurant, with controlled accessibility and emergency opening on the College Street frontage. Access to the patio from Brunswick will only be permitted if accessibility cannot be accommodated from College, and is subject to Recommendation 1 above.

8. All doors and windows to the patio will remain closed, as per relevant by-laws.

9. If a change of ownership occurs, or if a transfer application is accepted through Municipal Licensing and Standards, then Municipal Licensing and Standards will advise the Councillor of the transfer application, and will report to Community Council.

10. The applicant will recognize the community and City's intent to add a tree planting on College Street and to widen the boulevard along Brunswick, including the potential removal of on-street parking.

11. Municipal Licensing and Standards will report to Community Council in one year, if requested by the Ward Councillor.

12. The applicant will control any lineups so that customers queue on College Street, rather than Brunswick Avenue.

13. The applicant will request that patrons who smoke or speak on cell phones do so on College Street, and not on Brunswick Avenue.

14. The applicant will keep the abutting areas on Brunswick Avenue and College Street free from garbage and debris.

15. The applicant will post signage in a prominent location reminding people to be considerate of the surrounding community.

16. The applicant will post telephone numbers in a prominent location for neighbours to register concerns or complaints, with both the establishment and with the City.

This staff report is about a matter for which the Toronto and East York Community Council has delegated authority from City Council to make a final decision.

To report on the refusal to issue a permit by Municipal Licensing and Standards in the matter of an application for a boulevard café permit located at 356 College Street, Brunswick Avenue flankage.