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City

How dysfunction at City Hall impedes small business

Posted by Robyn Urback / April 22, 2012

Toronto City HallCreme Fraiche Market has been trying to open a shop at Durie and Annette streets for the past year. Actually, maybe make that two years, since owners Constance Dykun and Rachel Silva have had their eyes on one particular storefront since 2010.

The pair began working together earlier that year, selling fresh Monforte Dairy cheeses at various farmers' markets throughout Toronto. "The thought came to mind after doing more than 15 markets," Constance says. "We wanted to make Monforte cheeses more accessible; to give it a home."

"The goal of the store," she continues, "would be to support Monforte cheese customers, as well as expand the conversation about sustainable food."

Not an overly lofty goal, it seems, so Rachel and Constance couldn't understand why their business license application wasn't going through. Finally, they got a letter in December saying their request had been denied.

"It wasn't until then that the zoning issue came to light," Rachel says. The prospective building for Creme Fraiche, which is actually an old house, previously held an art gallery, and before that, a hair salon. "The bottom line that we soon found out," Constance says, "is that it wasn't zoned for a food store." The shop, as planned, would sell a variety of cheeses, as well as breads, crackers, and fair trade organic coffee.

So, for the last several months, Constance has taken on the seemingly full time job of trying to secure a variance, while still accompanying Rachel to farmers markets. The trouble appears to be lack of communication between City departments — zoning doesn't talk to licensing, who doesn't talk to building permits, and the file is constantly being shifted from office to office. Constance decided to start tracing it herself, finding the person who had it on his or her desk and calling that person directly.

After countless hours on hold and visits to City offices, Creme Fraiche did enjoy a bit of a coup just a few days ago. "It was approved in about 10 minutes," Constance says of their variance application. "It was a great win."

The file will now stay open for about 30 days, during which anyone who wants to file a complaint can do so. If all goes well, Rachel and Constance are looking to finally open their shop the second week of June. And remarkably, neither one seems particularly jaded about the process. "I was ready to look for a new place," Rachel says, laughing. "But Constance was determined."

"It's been harmonious for the most part," Constance chimes in. "But it is a cumbersome process." In the meantime, Creme Fraiche will continue to tell its cheeses at markets around Toronto.

Photo by Reza Vaziri on Flickr

Discussion

20 Comments

EnglishSpeaker / April 22, 2012 at 04:27 am
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First that nonsensical "War Wages On" headline... and now a headline with a spelling mistake in it? Come on, BlogTO!
Ratpick / April 22, 2012 at 06:22 am
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As this piece proves, "farmers market" is a badly abused term in Toronto. So misleading.
Mamosthumb / April 22, 2012 at 07:06 am
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thumbs down, only commies sell cheese!
Adam Josephs / April 22, 2012 at 09:08 am
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This is where you need a guy like joe pants. Joe would take a little payola and bam you application is approved.
Miroslav Glavic / April 22, 2012 at 10:06 am
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Constance and Rachel should of checked the zoning at the very begining of the process.

There is a reason why we have zoning. You can't just build/whatever the hell you want in any property, if we could do that then I would turn my house into a nightclub. My neighbours would be pissed at the noise.
chrisoftoronto / April 22, 2012 at 10:44 am
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Because, of course, if there's anything cheese shops are known for, it's for spilling streams of noisy drunken revellers onto the streets at 2am every Saturday morning.

It's an easy mistake to make. One could watch the churn of storefronts in the old city and never once get the impression that they distinguish food shops from other stores in zoning. Dinesafe etc, sure, but you'd never once think that would be a zoning issue.

I hate to say this, but this might have been something to call the Mayor about. This is precisely the sort of "little guy" battle he loves so much.
what / April 22, 2012 at 10:45 am
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Didn't check the zoning on day one?

Zero sympathy from me.

jameson / April 22, 2012 at 10:48 am
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It takes 2 weeks to get on the agenda for a minor variance...why did this take 2 years?
chris / April 22, 2012 at 12:21 pm
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seems like the landlord should have mentioned something? "oh and by the way, the space I leased to you for a coffee/cheese shop, is not ACTUALLY zoned commercial"

of course they should have looked into it themselves, but I would have never thought of it considering the space has been operating as a business in one form or another for as long as I can remember.
Sean / April 22, 2012 at 12:36 pm
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This is why it pays to hire a Planner for zoning matters.
Chasmark / April 22, 2012 at 12:38 pm
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In the movie "The Young Victoria," the staff at the palace are still setting the table every night for King George III who had been dead for 30 years. This was because the different departments at the palace didn't speak with each other.
tdotgrit replying to a comment from Miroslav Glavic / April 22, 2012 at 01:16 pm
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This is a very stupid argument.

They're not trying to turn a residence into a business, so your "turn my house into a nightclub" comparison is inaccurate.

As noted in the article, there have already been several businesses at that storefront. They simply needed it to be designated 'food' commercial. This should have taken a day, not two years.
Arturo / April 22, 2012 at 01:16 pm
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The solution to this is to abolish zoning laws. Ever notice that Toronto is more community oriented on the neighbourhood level where it is less planned, and where it is least planned the city has less restrictive zoning laws...Hmmmm...maybe it's because ordinary people make better decisions than elected politicians, who allegedly make "smart" policies.
anon11 replying to a comment from tdotgrit / April 22, 2012 at 07:15 pm
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I second tdotgrit.
All of you out there who say "zero sympathy from me" and such, it doesn't seem like you understand what it means to put a small business together. It is hard enough as it is not to need ridiculous zoning ordinances putting a stop to it. This is two years of lost revenue for these ladies and the time lost can never be gained back. Bureaucrats do not understand that and under the guise of "protecting the children" they make everybody's life miserable.
We do not need zoning ordinances, there are hundreds of places that do not have one and they do fine, usually restricting unwanted uses through neighborhood associations and covenants in the property titles.
It's now time to take your head out of arse and realize that people do not need a nanny state for every single aspect of their lives.
Sean / April 22, 2012 at 08:24 pm
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Thumbs up to the people that wish to open a private business in this city. In this case it's cheese. I will give them support over any foreign-owned businesses in this community/province/country.
rachel's dad replying to a comment from Sean / April 22, 2012 at 09:18 pm
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This is a typical problem with all levels of personal interaction with government bureaucracy. Services have not been defined from the client's perspective - always from the inside looking out. When they walked into city hall the application for that site should have flagged it as not conforming to its designated zone. Why do I, as the client, need to understand the internal workings of every organisation I deal with? The expertise lies within the organisation, which I've already paid for! Shame on them for not reacting to the needs of those that pay their salary.
Mike Brock / April 23, 2012 at 01:51 am
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How about we abolish zoning all together?
lol replying to a comment from Mike Brock / April 23, 2012 at 02:42 am
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ya thats a great idea... cant wait to live beside a car dealership and a sewage plant
thecomplainer / April 23, 2012 at 03:36 am
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OMg, Blogto how do I issue a complaint? What is their exact location? We the trolls can make the process last another two years for the lulz.
whatafoolbelieves / April 23, 2012 at 03:50 pm
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Why wasn't their first phone to Rob Ford? This type of constuient work is right up his alley. A personal visit plus staff from planning, zoning, licensing, works and traffic to fill out the entourage would not been out of the realm of possibility.

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