Item - 2023.TE7.77

That City Council delete the Toronto and East York Community Council Recommendation:

Recommendation to be deleted:

1. City Council grant a temporary exemption from January 1, 2023 to December 31, 2024 to Mokaben Inc. and By The Way Café operating at 400 Bloor Street West from any restrictions on the location and use of their existing patio that may be created by Chapter 742, Section 10.12A, Section 10.8A(2), Section 9.7A(2) or Section 10.9A(1) or Chapter 693, Section 17B(1) of the Toronto Municipal Code, provided that the dimensions of the patio remain no greater than they were on August 1, 2023.

and, adopt instead the following new Recommendation:

1. City Council grant a temporary exemption until December 31, 2024 to Mokaben Inc. and By The Way Café operating at 400 Bloor Street West from any restrictions on the location and use of their existing patio that may be created by Chapter 742, Section 10.12A or Section 9.7A(2) or Chapter 693, Section 17B(1) of the Toronto Municipal Code, provided that the dimensions of the patio remain no greater than they were on August 1, 2023.

That in accordance with the provisions of Chapter 27, Council Procedures, City Council reconsider Item TE7.77.

That City Council delete the Recommendation contained in Motion 1a by Councillor Dianne Saxe:

Recommendation to be deleted:

1. City Council grant a temporary exemption until December 31, 2024 to Mokaben Inc. and By The Way Café operating at 400 Bloor Street West from any restrictions on the location and use of their existing patio that may be created by Chapter 742, Section 10.12A or Section 9.7A(2) or Chapter 693, Section 17B(1) of the Toronto Municipal Code, provided that the dimensions of the patio remain no greater than they were on August 1, 2023.

and, adopt instead the following new Recommendation:

1. City Council exempt the sidewalk café permit holder for the permit area at 400 Bloor Street West (Mokaben Inc. operating as By The Way café) from the following requirements in City of Toronto Municipal Code Chapter 742, Sidewalk Cafés, Parklets and Marketing Displays, and City of Toronto Municipal Code Chapter 693, Signs, for a period from October 15, 2023 to December 31, 2024, inclusive:

a. The requirement that the lighting be a temporary fixture under Section 742-9.7A(2);

b. The requirement that the Executive Director provide permission for the deck under Section 742-10.12A, provided the deck continues to meet the standards set out in Section 742-10.12.B and C., the decking remain unchanged from its dimensions as of October 15, 2023, and temporary ramping be added at entranceways to ensure accessibility; and

c. The restriction that a business may not locate an A-frame sign outside a permit area for a sidewalk café under Sections 693-19C(5) and 742-7.1, or their successor sections, provided the A-frame sign is located so as to not obstruct the sidewalk.