Item - 2022.SB17.4

The Sign Variance Committee:

1.  Granted the requested variances to sections 694- 18E(5), 694- 25D(3)(f) and 694-25D(3)(g) each subject to conditions, as required to allow for the issuance of a permit respecting the erection and display of the Proposed Sign on the Belleville Subdivision, North of Ellesmere Road, East of Warden Avenue, as further described in Attachment 1 to the report (May 19, 2022) from the Manager, Sign By-law Unit, Toronto Building, and as amended below:

4.  That the third party electronic ground sign which would be no closer than 295.0 metres to the Proposed Sign is located on Warden Avenue - which is a street which forms an intersection with the street (Ellesmere Road) on which the Proposed Sign is located.

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.

Metrolinx (the "Applicant") has made an application for two variances (the "Subject Premises"), subject to four conditions, required for a permit to be issued to allow the erection and display of one third party electronic ground sign displaying electronic static copy (the "Proposed Sign") to be located on a specific portion of the premises defined by the Sign By-law as the Belleville Subdivision, north of Ellesmere Road and east of Warden Avenue (the "Proposed Location"), as further described in Attachment 1.

The Proposed Location is a portion of the Belleville Subdivision, an area which functions as a railway corridor, and is a Utility ("U") Sign District, which allows third party electronic ground signs. The Proposed Sign would have a height of 10 metres from the grade, and would contain one rectangular sign face, facing to the east and measuring 5.79 metres horizontally by 2.90 metres vertically, with a sign face area of 16.79 square metres. The Proposed Sign is described further in Attachment 1.

The Proposed Sign would require two Variances to Chapter 694, subject to four conditions, to allow the Chief Building Official (“CBO”) to issue the sign permit. The requirements of Chapter 694 which have been requested to be varied, and the proposed varied requirements are summarized below:

1) § 694-25D(3)(f) - A Utility Sign District may contain a third party 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, be varied to allow for the Proposed Sign to be located approximately 30 metres from an Institutional (“I”) and 75 metres from an Open Space (“OS”) sign districts while facing them, subject to Conditions 1, 2, 3 and 4 below;

2) § 694-25D(3)(g)  - A Utility Sign District may contain a third party electronic ground sign, provided sign be located a minimum of 500 metres from any other third party electronic sign located on a street which forms an intersection with the street on which the sign is located, be varied to allow for the Proposed Sign to be located closer than 500 metres to another electronic ground sign proposed by the applicant, on Warden Avenue which makes an intersection with Ellesmere Road, subject to Conditions 1, 2, 3 and 4 below;

If granted, each of the two requested variances, would be subject to the following conditions:

1) The existing third party ground sign containing one sign face displaying static copy, located within the Belleville Subdivision as defined, north of Ellesmere Road, and approximately 5.0 metres to the northeast of the Proposed Location, be removed and all associated permits revoked.–

2) The existing third party ground sign containing one sign face displaying static copy, located within the Belleville Subdivision as defined, south of Ellesmere Road, and approximately 70.0 metres to the southwest of the Proposed Location, be removed and all associated permits revoked.–

3) That the maximum brightness of the Proposed Sign not exceed 150 NITS between sunset and sunrise;

4) That the third party electronic ground sign located no closer than 295.0 metres to the Proposed Sign, and on a street which forms an intersection with the street on which the sign is located, is located on Warden Avenue

Following a review of the Applicant's submissions and additional information provided by the Sign By-law Unit staff, the CBO has determined that there is a sufficient basis to conclude that the nine required criteria in §694-30A of the Sign By-law have been established with respect to the two variances, subject to the noted conditions as described further in Appendix 1 to this report.