City
Is the new zoning restriction against back patios south of Bloor Street a good idea?
From an efficiency standpoint, Toronto's newly adopted common zoning by-law is a long-overdue improvement to the previous system, which, 12 years after amalgamation, was comprised of 43 by-laws that applied to the former municipalities that made up Metro Toronto. Although there remain a number of site-specific exceptions, the consolidation of regulations related to things like building heights and parking standards just makes sense.
I have some serious doubts, however, about the new restriction on back patios (see pages 6, and 24) for restaurants and bars located south of Bloor St. (between Victoria Park Ave. and the Humber River). Although the by-law doesn't apply to establishments that already have such spaces and still permits side patios (so long as they're 50% or less of the building's depth), that's little solace for prospective business owners and patio-lovers.
The City's concerns are pretty straightforward. Patios can get quite noisy, and buildings in older parts of Toronto are generally pretty close to one another. But, be this as it may, I can't help but think this is an example of that old Toronto puritanism rearing its head. As was demonstrated with the one-year ban on new restaurants and bars along Ossington (established in May 2009), it would seem that the municipal government values peace and quiet over the financial benefits offered by an increase in the number these types of businesses.
And while it could be argued that this by-law is really quite different from the Ossington moratorium -- the ban is, after all, only on back patios rather than the opening of establishments altogether -- the fact remains that prospective restaurant and bar owners are always on the look out for patio space. And with the exception of corner lots, the options for side-patios on the majority of streets included in the by-law are minimal at best.
But, instead of getting creative with the by-law by, say, enforcing certain restrictions on the hours in which back patios may be used, the City has acted with a heavy hand to kill them altogether. And it's precisely short-sighted decisions like this that make Toronto seem anything but a progressive, world-class city.
Photo by amandachong in the blogTO Flickr pool.
Discussion
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A sweeping, all-encompassing ban is STUPID.
One of the new zoning by-laws requires a church on every corner.
There are already noise bylaws in place and license standards. Absolutely a stupid, unnecessary bylaw. Whoever voted for this ban, should be thrown off council.
As someone who lives on a residential street near a new rooftop patio that is often extremely noisy until 3am, uh yeah. Why should I be kept up in my home until 3am on weeknight when I have to work the next day?
Now the problem of course is that variances can be turned down, and it really depends on how the city staff decide to treat these, they could decide to recommend against every application in which case it does turn into a de facto ban, very rarely would the Committee of Adjustments rule counter to staff recommendation. Then of course the whole OMB goat circus could be invoked, frankly that's probably outside the financial comfort zone of most people trying to open a restaurant.
If you want peace and quiet, move to a different neighbourhood. It's like complaining about noise when you decide to move above a bar or complaining about the smell when you move above a restaurant.
Seriously.
You can't have your cake and eat it to.
patios will no longer be permitted in the rear yard."
Owners can apply for exceptions, yes, but while patios shouldn't be an automatic right of a restaurant or bar operator, they shouldn't be forced into having to make a case for as an exception either.
The city should be legally agnostic on the matter, and the bylaw should state something to the effect that: "Outdoor patios may be permitted in rear yards pending approval by so-and-so."
Why are people on this forum so quick to presume things about others and mercilessly judge their lifestyle choices?
Eff off.
there are so many people that live in (& even own!!) tiny, drafty rowhouses south of Bloor who drive a car everyday through dead-stop traffic, want total street quiet by 9:30, don't talk to or take part in any events within their street or community, are out of the city each and every weekend, and yet are the very first ones to demand that any change, improvement, or revitalization be stopped. Freakish - why are you here? seriously.
I should probably log off for good here since I'm starting to want to virtually knock some people in the teeth.
DEAL WITH IT.
The City should not listen to NIMBYistic complaints, especially by people who were attracted to areas by the specific things that they then complain about or by people who complain about an improving area now that the nuisances are legal instead of organized or disorganized crime (i.e. Ossington, WQW, Parkdale).
We should be encouraging places to stay open late, encouraging walkable, busy streets. Empty streets are dangerous streets, and a hostile environment for business and recreation will send people off to the suburbs, returning the core to desolation and ghettos.
Councillor veto needs to be eliminated, and NIMBYs need to be humiliated for their pettiness and insanity, not catered to at the expense of the vitality of the entire province. NIMBYs restrict flights at Pearson, despite them moving to the airport, they restrict flights at YTZ, despite it opening before their grandparents were born and many of them living illegally in a provincial park, they complain about the club district that enabled the transition for their condo to be built, and they complain about tall buildings on top of subway stations. Politicians need to go on the offense against NIMBYs and support businesses and developers.
But I've grown up, become more self aware and realized people's right to live/sleep after 11 pm trumps my right to drunken loud talk on a patio (or dipshi*tedly stumble down residential streets yellin' like an as*hole with my friends)...
The comments here are pretty much divided into those 2 camps.
Maybe a good idea would be to have back patios that are close to houses shut down around midnight from Monday to Thursday?
1) just because you're a homeowner doesn't make you more important than a culture and money producing business
2) there are noise bylaws, so if patios violate those, get them written up
3) case by case is the sensible way to go. (granted, there are concerns about corruption in these instances, but a flat out ban is silly and NIMBY-istic to the extreme)
Restaurant patios in a residential neighbourhood are a delight when the restaurants are good neighbours.
Please just the other day, one pation was forced to close by 11pm, on a weekend night.... with a back alley immediately behind the property, you could see a gaggle of folk behaving poorly (and those are the words I choose to use.) Never seen that kind of activity while the patios were full and the businesses weren't losing funds and people had somewhere nice and cool during what are abnormally HOT summers in Toronto.
So if it will continue to become unseasonably HOT, you cannot force people inside their homes by 11pm. Please I would like a police officer come and impose this kind of noise by-law on my property because I have neighbours next door with no A/C in my house!
...Maybe I should run for mayor.