Item - 2023.TE6.95

The Toronto and East York Community Council:

1. Authorized the General Manager, Transportation Services to exempt curb lane café permit area at 17 St. Nicholas Street, Bar Volo, from the requirements of § 742-10.4A (1) and § 742-10.4. B(6) and B(7) and § 742-10.4 C(1) and C(3) of Toronto Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays, for the 2023 CaféTO season.

This staff report is about a matter that City Council has directed for action to this Community Council, as it has delegated authority from City Council to make a final decision.

The restaurant at 17 St. Nicholas Street, operating as Bar Volo, received a temporary CaféTO permit in 2021 and 2022 to operate an outdoor dining area on St. Nicholas Street, which is designated as a public laneway The patio consists of elements which  is in contravention of City of Toronto Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays, § 742-10.4A (1), which specifies that curb lane cafés must be located on a major arterial, minor arterial, collector or local road and therefore beyond staff authority to approve a patio application on this laneway.

The business is seeking approval from Toronto East York Community Council to allow a CaféTO patio to be maintained within the public right-of-way at 17 St. Nicholas Street.

This report will outline a recommendation as requested by City Council to allow this patio to operate in 2023 by waiving certain requirements related to the operation of a curb lane café in a laneway and the use of platforms. Staff will undertake community consultations that typically happen when implementing these programs and gather feedback over this season from stakeholders including neighbouring businesses and the Councillor's office in preparation for 2024 planning and beyond.