Item - 2022.SB16.4

The Sign Variance Committee:

1.  Granted the requested variances to section 694-21.D(5), required to allow for the issuance of a permit respecting the erection and display of each of the Proposed Signs at the property municipally known as 3410 Sheppard Avenue East as described in Attachment 1 to the report (March 11, 2022) from the Manager, Sign By-law Unit, Toronto Building; and further that the sign be constructed with illuminated channel letters on a non-illuminated background.

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.

Zip Signs Ltd. (the "Appellant") has stated that they have been authorized by both Desjardins Financial Security (the "Sign Owner") and the owner of the property municipally known as 3410 Sheppard Avenue East (the "Subject Premises"), to appeal a refusal decision made to a Sign Variance application (21–172811). The application required one variance from the Sign By-law in order to allow for permits to be issued for each of the two first party wall signs (the "Proposed Signs") to be erected and displayed above the second storey of an office building.

The Proposed Signs would be erected on the fourth storey of the building on the Subject Premises. One on the east elevation ("Proposed Sign East") and one on the west elevation ("Proposed Sign West"). Both of the Proposed Signs would have a rectangular sign face with a maximum bisecting line of 1.73 metres (vertical measurement); a maximum centre line of  4.57 metres (horizontal measurement), and a maximum height of 14.58 metres.

The Appellant notes that the Proposed Signs would, if allowed, contain sign copy that would identify "Desjardins Financial Security", a tenant in the building at 3410 Sheppard Avenue East.  There are no conditions proposed requiring such specific sign copy, and the variances for each of the Proposed Signs, would allow for signs that contain any form of first party sign copy.

After conducting a review of the Sign Variance application, a decision was made by the Chief Building Official and Executive Director, Toronto Building (the "CBO") to refuse to grant the requested variances required for the erection and display of the Proposed Signs. Following this decision, the Appellant filed an appeal of the CBO's decision.  This appeal was filed in accordance with the requirements of the Sign By-law.

The CBO has reviewed all materials presented in connection to this Appeal, and determined that the Appellant 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, which are required in order for a variance approval to be granted.

Specifically, insufficient information was provided to determine that the Proposed Signs would not alter the character of the premises and surrounding area and that the Proposed Signs would not be contrary to the public interest.

As such, the CBO does not support the Sign Variance Committee granting the requested variances for the Proposed Signs.