Granting Temporary Exemption to Mokaben Inc. and By The Way Café from components of Chapter 742 and Chapter 693 of the City of Toronto Municipal Code

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The decision

2023-10-11 · Toronto City Council · amended

As filed

City Council on October 11 and 12, 2023, adopted the following: 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.

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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.

On the agenda

As the city filed it

Mokaben Inc and By The Way Café have operated a sidewalk patio at 400 Bloor Street West for many years in the same location. Because the café is located on Bloor Street, they are not eligible for a CafeTO roadway encroachment permit; the sidewalk is their only patio option. This is a valuable local institution with significant local support, which should be permitted to continue. Councillor Saxe has been working with staff to clarify appropriate rules for sidewalk patios in locations that are ineligible for roadway patios, but there is considerable work still to be done.

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In the interim, Mokaben Inc. and By The Way Café require clarity on their right to operate.

Staff recommended

Councillor Dianne Saxe recommends that: 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.

Considered

2023-09-19 · Toronto and East York Community Council · adopted
Decision as filed
The Toronto and East York Community Council recommends that: 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
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17B(1) of the Toronto Municipal Code, provided that the dimensions of the patio remain no greater than they were on August 1, 2023.
2023-10-11 · Toronto City Council · amended

On the record

The item as the City filed it

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