Protect Residents and Preserve Public Access to the Courtyard at 129 St. Clair Avenue West

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The Issue

To: The City of Toronto

We, the undersigned residents and members of the community, are calling on the City of Toronto to take a firm position on the operation of the courtyard at The Imperial Event Space & Restaurant and ensure that the approved business licence conditions are strictly enforced.

The courtyard is designated as publicly accessible open space (POPS). Its use for commercial purposes must not undermine its intended public function, compromise access for the community, or unreasonably affect the quality of life of nearby residents.

We are concerned that, without clear oversight and meaningful enforcement, commercial operations may take priority over the public’s right to use this space. The City must ensure that the conditions attached to the business licence are not simply requirements on paper, but obligations that are actively monitored and enforced.

We call on the City to ensure compliance with the following conditions:

Seasonal operation: The courtyard business must operate only from May 1 to September 30.
Operating hours: Commercial operations must be limited to 10:00 a.m. to 11:00 p.m. daily.
Noise Control: Music must remain at background levels and must not disturb surrounding residents. Amplified music or sound, including the use of microphones, speakers, public address systems, live bands, and DJs, is strictly prohibited.
Permitted use: The courtyard must operate strictly as a restaurant or café. Tents and unauthorized structures must not be permitted.
Occupancy and commercial use: Occupancy must not exceed 60 people, including standing and seated patrons, and commercial use must be limited to a maximum of 50% of the courtyard.
Approved layout: All seating and existing benches must remain in the locations specified in the approved layout.
Public access: The courtyard must remain accessible to the public seven days a week, from 7:00 a.m. to 11:00 p.m., without obstruction or unreasonable restriction.
West POPS entrances: The west entrances must remain fully open during business operating hours.
Complaint handling and enforcement: The City must establish a direct reporting mechanism for complaints and respond appropriately to confirmed violations.
Annual licence review: Compliance must be reviewed before each licence renewal, with documented concerns and violations given appropriate consideration.

Our Concerns

Nearby residents should not be expected to bear the consequences of commercial activity that interferes with their reasonable enjoyment of their homes. Equally, publicly accessible open space should not become an extension of a private business in practice, regardless of its formal designation.

The City has a responsibility to ensure that approved conditions are respected and that public access is maintained. A complaint process without effective follow-up is insufficient. Likewise, annual licence renewal should involve a meaningful review of compliance, rather than a routine administrative exercise.

What We Are Asking the City to Do

We call on the City of Toronto to:

Confirm that all applicable business licence and POPS conditions are clearly documented and enforceable.
Conduct appropriate inspections andrd monitor compliance throughout the operating season.
Establish a direct and effective process for residents to report concerns and receive follow-up.
Take appropriate enforcement action where violations are identified.
Make compliance a meaningful consideration in every annual licence renewal.

This petition is not a request to prevent a business from operating lawfully. It is a request for accountability, proper oversight, and consistent enforcement of the conditions under which it is permitted to operate.

We urge the City of Toronto to act before avoidable conflicts escalate and to ensure that commercial use of the courtyard does not subordinate the interests of residents and the public.

Please sign and share this petition to support meaningful enforcement, protect residents’ quality of life, and preserve public access to the courtyard.

Initiated by the Board of Directors and residents of 99 Foxbar Rd, Toronto 

 

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