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City of Toronto
REPORT No. 10
OF THE EAST YORK COMMUNITY COUNCIL
(from its meeting on June 24, 1998,
submitted by Councillor Michael Prue, Chair)
As Considered by
The Council of the City of Toronto
on July 29, 30 and 31, 1998
1
Street Vending Applications submitted by
Mr. Corrado Salonia in the vicinity of
Wicksteed Avenue/Brentcliffe Road and
Bermondsey Road/Cranfield Road
(City Council on July 29, 30 and 31, 1998, adopted the following recommendations:
"It is recommended that:
(1) a street vending permit be issued to the applicant for the vicinity of Wicksteed Avenue and Brentcliffe Road and at Bermondsey Road and Cranfield Road and that the applicant be requested to refrain from littering and adhere to the standards of the Board of Health; and
(2) the issuance of this permit be reviewed in six months’ time.")
(City Council on July 8, 9 and 10, 1998, deferred consideration of this Clause to the next regular meeting of Council to be held on July 29, 1998.)
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(Clause No. 14 of Report No. 9 of the East York Community Council)
The East York Community Council reports having directed that the report (June 2, 1998) from the Commissioner of Development Services, East York, and the following communications be submitted to the City Council without recommendation:
Purpose :
This is to report to the June 24, 1998, East York Community Council meeting. The applicant would like to obtain a street vending permits for the vicinity of Wicksteed Avenue and Brentcliffe Road, and at Bermondsey Road and Cranfield Road.
Financial Implications:
There is a $200 application fee and a $1,500 yearly permit fee for the right to operate a portable hot dog vending unit in the City's boulevard area. If the boulevard area is not hard surfaced the applicant will be required to pay for the construction of a concrete pad as specified in the By-law.
Recommendations:
"That this report be received for information."
Background:
At the end of last year, the applicant, Mr. Corrado Salonia, applied for hot dog vending permits for the vicinity of Wicksteed Avenue and Brentcliffe Road, and at Bermondsey Road and Cranfield Road.
Since the applications meet the requirements of the street vending By-Law No.18-97, the Borough Clerk was asked to notify owners and occupants within sixty (60) meters of the proposed locations. Letters of objection were received from the owners and occupants near both locations. The applicant was notified of the objections, and the permits were refused on January 14, 1998 as per the By-Law. A letter dated February 13, 1998 was sent by the applicant's lawyer, Mr. Michael M. Doyle, indicating that he had been instructed to appeal the decision and that he would forward a letter of appeal to the Commissioner of Development Services. In April a letter of appeal was received stating the grounds for appeal at both locations.
Discussion regarding the Wicksteed Avenue and Brencliffe Location
The objections raised by the owners and occupants of the Wicksteed Avenue and Brentcliffe Road Area are as follows:
° Mr. Stan Klees and Mr. Walter Grealis, K&G Holdings, 6 Brentcliffe Road, are concerned about the possible illegal parking on their property, as well as their tenant, Donway Restaurant, losing business from a hot dog vendor located approximately sixty (60) feet away;
° Mr. Yoon Hyun Cho, Donway Restaurant, 6 Brentcliffe Road, is worried about losing business;
° Mr. R. Benson, 119 Vanderhoof Avenue, is concerned that the intersection is too busy for a hot dog vender;
° Ms. Eileen Oliver, AGL (Assignment Graphics), 109 Vanderhoof Avenue, is worried about the traffic problem, but does not object to the hot dog vending;
° Mr. Paul Benedetto, Kosmor Construction Inc., 154 Wicksteed Avenue, is concerned about vehicles parking for the purpose of obtaining a hot dog; and,
° Mr. B. Borsook, Parkhurst, 20 Research Road, is concerned that this may hurt the general appearance and cleanliness of the neighbourhood.
The letter of appeal presents the following arguments to the objections raised:
° the objections by the landlords and owner of the Donway Restaurant suppress healthy competition;
° the area can support another food service; and,
° the potential traffic problem may not be accurate and objective.
The street vending By-Law requires that a portable unit may not be located less than twenty-five (25) meters from any business which sells to the public products that are similar. In this case the vending unit would be located at a of approximately forty-five (45) meters or 150 feet.
We have also considered the impact that the vending activity would have on traffic flow at this intersection, as well as the proximity of the bus stop and do not anticipate any restrictions in flow.
Discussion regarding the Brentcliffe Road and Cranfield Road Location
The objection raised by the owners and occupants of the Bermondsey Road and Cranfield Road Area is as follows:
° Mr. Georges Bouchard, Christie Brown & Co. ( Peek Freans Company), 5 Bermondsey Road, is concerned about traffic flow at the intersection with the potential for a serious accident, as well as, the interference of the business operation when cars stop in the parking lot.
The letter of appeal presents the following arguments to the objections expressed:
° Another hot dog vender has been operating illegally at the intersection. The City would benefit from the permit fee as well as license an individual who has respect for commercial activity as well as the law; and,
° The potential traffic problem is unwarranted since Christie's does not cite any actual traffic problem.
While the traffic flow can be heavy at times with a significant amount of trucks, we do not anticipate any additional restrictions since we are aware that a hot dog vender has been doing business illegally at this location for a number of years. It would be simpler for the City to control and regulate a licensed vendor if any complaints should arise.
All permits shall be due for renewal on April 30, 1999 which coincides with the permits issued by the former City of Toronto.
Conclusions:
Since the applications meet the requirements set out in the By-Law, the Municipality notified the people affected in the area. Based on the letters of objection received, both applications were automatically refused as per the By-Law.
The Commissioner is required to report to Council when the applicant appeals a staff decision. If Council sees fit to grant these applications, we shall monitor the vending activity closely, and if there is a problem the permits may be taken away at any time or simply revoked in a year's time.
Contact Name:
Frank Pugliese
Coordinator of Engineering Services
East York Office
Telephone No.: (416)778-2226
Fax No.: (416)466-9877
The East York Community Council also submits the following communication (February 13, 1998) from Mr. Michael M. Doyle, Toronto, Solicitor on behalf of the applicant:
"I am a lawyer representing the applicant, Mr. Corrado Salonia. I have been instructed by Mr. Salonia to forward a notice of appeal to the Commissioner of Development Services so that we may address the relevant committee or council regarding the objections your office has received concerning the two applications."
The East York Community Council also submits the following communication (April 8, 1998) from Mr. Michael M. Doyle, Toronto, Solicitor on behalf of the applicant:
"Following up to my letter of February 13, 1998 here are the grounds of appeal:
Bermondsey Road
1. The objection from Christie Brown is curious. The letter suggests that Mr. Corrado is already operating at the location and that his patrons have parked in the Christie Brown parking lot. My client advises me that he has not operated on this site in the past. However, assuming this was true, the first objection in the Christie letter, of potential traffic problems seems to be unwarranted. If there has been some individual operating at the location, and Christie’s is not able to cite an actual traffic problem (unlike the situation of customers of the present vendor parking on Christie property), then traffic should not be a concern.
2. If there is an individual operating at the proposed location without a valid license, does it not make sense for the city to license an individual who has respect for operating a commercial activity in a lawful manner and for the city to benefit from the license fee?
Wicksteed Avenue
1. Concerning issues of aesthetics, one should keep in mind that there are littering by-laws in effect and this ground alone has not prevented the issuance of other permits throughout the city. The area is primarily industrial and commercial in nature and it is in the applicant’s own best interests to maintain the site in a way which promotes his own activity.
2. The concern of the Donway Restaurant is to be expected. It is not clear what sort of food is sold by the restaurant. A bustling and vibrant commercial area, however, does not arise when one commercial activity attempts to suppress competition not through a better product and service, but through this sort of objection. If the area cannot support another food service, then the applicant would not attempt to renew a license to operate in the area.
3. The objections from K & G Holdings, owners of the building where the Donway Restaurant operates, is also to be expected. However, the letter seems to contradict the suggestion from the owner of the Donway Restaurant that the area cannot support an additional food service. The letter notes that a previous vendor did a steady business, with some resulting traffic problems. Traffic problems should best be explored by your office to best ensure accuracy and objectivity."
The East York Community Council also submits the following communication (December 17, 1997) from Mr. B. Borsook, Chairman, Parkhurst, Toronto:
"We have received the copy of an application for a street vending permit for the corner of Brentcliffe and Wicksteed for Mr. Corrado Salonia. We must register our objections as we do not feel that this is an appropriate place to have such a vending stand. We feel that this will hurt the general appearance and cleanliness of the neighbourhood."
The East York Community Council also submits the following communication (December 26, 1997) from Mr. Stan Klees, East York, on behalf of Ms. Sabina Klees:
"I have power of Attorney to operate K&G Holdings on behalf of my mother Sabina Klees who in partnership with Walt Grealis own 6 Brentcliffe Road.
Some years ago, there was a hot dog vendor at this corner who operated for a short time, possibly a few months.
During that time, the traffic at this corner became dangerous with cars pulling over suddenly and cars making U turns. Often cars would pull into our parking area and walk past the restaurant, which is a tenant in our building, to buy a hot dog. There is no legal parking in this area, therefore anyone wishing to buy a hot dog would have to park illegally or park on private property.
This is also an area that is very well serviced by eating places. As well as the Donway Restaurant in our building, within a block there is a Bellamys Restaurant and also Select Sandwich, all within walking distance.
Meanwhile there have been a number of factories and offices closing in this area. Our tenant, The Donway Restaurant now has to depend on the passing trade and I know that John and Sue are struggling to make ends meet.
I have outlined a few reasons that make it necessary for me to ask that this permit not be granted. I am hopeful that it will not be granted so that the Donway can continue to serve the locals who enjoy sitting down to good nourishing food at a reasonable price."
The East York Community Council also submits the following communication (December 26, 1997) from Mr. Walt Grealis, K&G Holdings, East York:
"As co-owner of the building at 6 Brentcliffe Road, I wish to respond to your request regarding the application for a vending permit by Corrado Salonia at the corner of Wicksteed Avenue and Brentcliffe Road.
In this building, there is a restaurant that is our tenant. For a number of years, the couple who run the restaurant have served the businesses that are nearby. They serve very good food at a reasonable price and every year there are fewer and fewer customers who work in this area and a number of competitors that have opened up over the years. This couple also extend credit to the workers who come to their restaurant. They barely make a living and would be severely effected if a hot dog vendor was to be allowed approximately 60 feet from their front door.
The location of this building makes it very difficult for this space to be rented for any other endeavour. I therefore have a vested interest in the Donway Restaurant continuing and a personal interest, in that this couple works so hard and are such unusually nice people.
I am very much opposed to this permit being granted for this reason.
Please let me apologize for the lateness of this letter, but because of the postal delays, your letter reached me on December 23rd at a time when our offices were closed for the holidays.
Please give this matter careful consideration for the sake of two very nice people who run the Donway Restaurant."
The East York Community Council also submits the following communication (December 18, 1997) from Yoon Hyun Cho, Owner, The Donway Restaurant, East York:
"This letter is regarding the proposed Street Vending application from Mr. Corrado Salonia in connection with a permit for a Vendor’s Licence to sell hot dogs and refreshments in the vicinity of 154 Wicksteed Avenue, specifically at the north east corner of Wicksteed Avenue and Brentcliffe Road.
I am the owner of the Donway Restaurant, located approximately 30 metres from this site, at 6 Brentcliffe Road. As it is, I am having a hard time making ends meet, raising enough money to pay rent for my business. I am in strong opposition to this proposal for a vending permit by Mr. Salonia because it would severely hinder my business and pose great threats to the very livelihood of my business. In fact, the proposed site is less than 50 metres from my restaurant, and as a tax-paying small business owner, this concerns me greatly. I would like to strongly urge you to consider the detrimental effects such a permit in this location would have on my business, and hence, to turn down this unfair proposal for the vending of hot dogs so terribly close to my business. Thank you very much."
The East York Community Council also submits the following communication (December 22, 1997) from Mr. Paul Benedetto, Kosmor Construction Inc., Toronto:
"I am in receipt of a notice for the above noted application. Kosmor Construction Inc. is a property owner in the vicinity of the site of the Application.
I am familiar with the operation of the roads and the intersection at Wicksteed and Brentcliffe. There is a railway siding and bus stop in close proximity to the site of the Application. I am concerned that vehicles parking for the purpose of using the proposed service will do so in a dangerous and illegal manner.
Thank you for the opportunity to voice my concern"
The East York Community Council also submits the following communication (undated) from Mr. Georges Bouchard, Controller, Christie Brown & Co., Toronto:
"This letter is to advise you that the Peek Freans Company strongly objects to the application of Mr. Corrado Salonia for a Street Vending License to sell hot dogs and refreshments at the south west corner of Bermondsey Road and Cranfield Road for several reasons.
This particular corner is extremely busy and has a significant traffic of large transport trucks going through this intersection. We feel that potential patrons of Mr. Corrado parking at this intersection would interfere with the proper flow of traffic and that it would create a potential for serious accidents.
Furthermore, we have noticed that Mr. Corrado’s patrons also park in the Peek Freans parking lot located at this intersection and therefore interfere with our own operation.
Again, Peek Freans is against this application for security reasons and interference with our business."
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Mr. Michael Doyle, Toronto, Solicitor on behalf of the applicant, appeared before the East York Community Council in connection with the foregoing.
Respectfully submitted,
MICHAEL PRUE,
Chair
Toronto, June 24, 1998
(Report No. 10 of The East York Community Council was adopted, as amended, by City Council on July 29, 30 and 31, 1998.)
TABLE OF CONTENTS
REPORTS OF THE STANDING COMMITTEES
AND OTHER COMMITTEES
As Considered by
The Council of the City of Toronto
on July 29, 30 and 31, 1998
EAST YORK COMMUNITY COUNCIL
REPORT No. 10
Clause Page
1 Street Vending Applications submitted byMr. Corrado Salonia in the vicinity ofWicksteed Avenue/Brentcliffe Road andBermondsey Road/Cranfield Road 9109
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