Item - 2022.SB16.2

The Sign Variance Committee:

1.  Refused to grant any of the seven requested variances to sections 694-24.A(1), 694-24.A(17), 694-25.C(2)(a), 694-25.C(2)(b), 694- 25.C(2)(d), § 694-25.C(2)(f), and § 694-25.C(2)(h), each subject to conditions, which would be required to allow for the issuance of a permit respecting the erection and display of the proposed Sign at the property municipally known as 476 Evans Avenue as described in Attachment 1 to this report (March 9, 2022) from the Manager, Sign By-Law Unit, Toronto Building, and such additional conditions included in April 1, 2022, Presentation from Rav Banwait, Xmedia Outdoor.

A decision of the Sign Variance Committee, in the case of a decision to refuse to grant a variance, is final and binding on the date the decision was issued; and in the case of a decision to grant a variance with conditions, the decision is final and binding 21 days after the date the decision was issued unless an application to consider is filed by the ward councillor in accordance with §694-30S of Chapter 694 of the City of Toronto Municipal Code.

Xmedia (the "Applicant") has stated that they have been authorized by the owner of the property municipally known as 476 Evans Avenue (the "Subject Premises"), to apply for seven variances, each subject to three conditions, required to allow for a permit to be issued for one third party electronic ground sign with two sign faces, displaying electronic static copy (the "Proposed Sign") at 476 Evans Avenue.

The Subject Premises is a relatively unique location within the City, as it is one of the few locations that is subject to more than one of the 74 separate area specific restrictions enacted by City Council, which specifically prohibit any third party signs from being erected on the premises.

The Proposed Sign would be located along the north-west frontage of the Subject Premises, facing the Gardiner Expressway, in a westerly and north-easterly direction. It will have a maximum height of 13.47 metres, and will contain two rectangular sign faces, in a “back to back” configuration each with a maximum horizontal measurement of 14.63 metres (centre line) and maximum vertical measurement 4.27 metres (bisecting line), with a sign face area of 62.47 square metres. The Proposed Sign is described further in Attachment 1.

Seven variances to Chapter 694, each subject to three conditions, are required to allow the Chief Building Official ("CBO") to issue the sign permit for the Proposed Sign. The requirements in Chapter 694, which have been requested to be varied, and proposed new requirements are as below:

1) § 694-24.A(1) - A third party sign shall not be erected or displayed or caused to be erected or displayed in whole or in part within 400 metres of any limit of the F.G. Gardiner Expressway from Highway 427 to the Humber River, transferred from the Province by Order in Council 534/97. Proposed New Requirement: The Proposed Sign would be erected and displayed within the prohibited area comprised of any location within 400 metres of any limit of the F.G. Gardiner Expressway from Highway 427 to the Humber River, specifically the Proposed Sign would be erected and displayed approximately 1.5 meters of southern limit of F.G. Gardiner Expressway between Highway 427 and the Humber River).

2) § 694-24.A(17)- A third party sign shall not be erected or displayed or caused to be erected or displayed in whole or in part within 400 metres of any limit of Highway 427 contained within the municipal boundaries of the City. Proposed New Requirement: The Proposed Sign would be erected and displayed within the prohibited area comprised of any location within 400 metres of Highway 427 contained within the municipal boundaries of the City, specifically the Proposed Sign would be erected and displayed approximately 290 metres from the Highway 427 off-ramp onto the F.G. Gardiner Expressway.

3) § 694-25.C(2)(a)- An Employment "E" Sign District may contain an electronic ground sign provided the sign face area shall not exceed 20.0 square metres. Proposed New Requirement: The Proposed Sign would have a sign face area that would not exceed 62.47 square meters on each sign face (which is approximately three times the permitted sign face area on each sign face).

4) § 694-25.C(2)(b)- An Employment Sign District may contain an electronic ground sign provided the height shall not exceed 10.0 meters. Proposed New Requirement: The Proposed Sign would have a height that would not exceed 13.47 meters.

5) § 694-25.C(2)(d)- An Employment Sign District may contain an electronic ground sign provided the sign shall not be erected within any required setback of a building from a street as regulated by the City's applicable Zoning By-law. Proposed New Requirement: The Proposed Sign would be located within the minimum permitted rear and side yard setback in the City's applicable Zoning By-law, specifically within 1.5 metres from the rear and side yard property lines where the required rear and side yard setback for the premises are 7.5m & 3m respectively.

6) § 694-25.C(2)(f)- An Employment Sign District may contain an electronic ground sign provided where a sign is located within 250 metres of an R, RA, CR, I or OS sign district, the sign cannot face any premise in the R, RA, CR, I or OS sign district.- Proposed New Requirement: The Proposed Sign would face OS sign districts located within 125 meters of the North West sign face and within  220 metres of the South West sign face, as well a CR sign district located 230 meters to the North East and an R sign district located 220 metres to the South East.

7) § 694-25C(2)(h) – An (E) Employment Sign District may contain a third party electronic ground sign, provided there shall be no more than one ground sign or electronic ground sign erected on the premises. Proposed New Requirement: The Subject Premises be allowed to contain a third party electronic ground sign, although the Subject Premises contains a single first party ground sign (A ground sign located on the South East frontage of 476 Evans Ave, identifying the existing business in the property, "Global Alliance").

Each of the seven requested variances will be subject to the following three conditions:

Condition 1. The sign face bottom shall be no less than 4.25 metres from the ground for all sign faces.

 
Condition 2. The Proposed Sign shall be located no closer than 1.5 metres from the northern property line of the Subject Premises.

 
Condition 3. The Proposed Sign shall be located no closer than 1.5 metres from the eastern property line of the Subject Premises.

Following a review of the Applicant's submissions and the results of research and investigation by Sign By-law Unit staff, the CBO has determined that the Applicant has not provided sufficient information to determine that the Proposed Sign meets all nine of the criteria established in §694- 30A of the Sign By-law.

Specifically, the information provided has not established that the Proposed Sign is compatible with the development of the premises and surrounding area; supports the Official Plan objectives for the premises and surrounding area; does not alter the character of the premises and surrounding area; does not adversely affect adjacent premises; does not adversely affect public safety, including traffic and pedestrian safety; and, is not contrary to the public interest. 

Therefore, the CBO does not support the Sign Variance Committee granting the seven requested variances, each subject to three conditions, for the Proposed Sign.