Item - 2022.SB17.5

Tracking Status

SB17.5 - Application for Three Variances, Each Subject to Conditions, Respecting One Third Party Electronic Ground Sign - 1416 Warden Avenue

Decision Type:
ACTION
Status:
Amended
Ward:
21 - Scarborough Centre

Committee Decision

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 at 1416 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:

 

That condition 5 of Attachment 1 be replaced with the following:

 

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

Decision Advice and Other Information

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.

Origin

(May 19, 2022) Report from Manager, Sign By-law Unit, Toronto Building

Summary

Metrolinx (the "Applicant") has made an application for three variances (the "Subject Premises") each subject to five conditions, 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 the premises known as 1416 Warden Avenue (the "Subject Premises").

 

The Subject Premises is within a Utility ("U") Sign District, which allows third party electronic ground signs. The Proposed Sign will have a height of 10 metres from the grade, and will contain two rectangular sign faces in a back to back configuration and northerly – southerly direction. Both sign faces are measuring 5.8 metres horizontally by 2.90 metres vertically, with a sign face area of 16.85 square metres. The Proposed Sign is described further in Attachment 1.

 

The Proposed Sign would require three Variances to Chapter 694, each subject to five 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 "U" 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, be varied to allow the Proposed Sign to be located: approximately 90 metres to a Residential Sign District, approximately 110 metres to a Commercial Residential Sign District, approximately 90 metres from an Institutional Sign District, and, approximately 14.75 metres form an Open Space Sign District, while facing them, subject to Conditions 1 -5 below.

 
2.  § 694-25D(3)(g)  - A Utility "U" 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 the Proposed Sign to be approximately 295 metres to another proposed electronic ground sign by the applicant, in Warden Avenue which makes an intersection with Ellesmere Road, subject to Conditions 1 -5 below.

 
3.  § 694-25D(3)(e)  - A Utility "U" Sign District may contain a third party electronic ground sign, provided the shall not be erected within 60 metres of any premises located, in whole or in part, in an “R”, “RA”, “CR”, “I” or “OS” sign districts, be varied to allow the Proposed Sign to be closer than 60 metres to an Open-Space sign district, subject to Conditions 1 -5 below.

 

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

 
1.  The existing third party ground sign containing two sign faces displaying static copy, located within the Belleville Subdivision as defined, south of Ellesmere Road, and approximately 165.0 metres to the southeast of the Proposed Sign, 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, west of Warden Avenue and approximately 85.0 metres to the southwest of the Proposed Sign be removed and all associated permits revoked.

 
3.  The existing third party ground sign containing two sign faces displaying static copy, located on the premises municipally known as 1416 Warden Avenue be removed and all associated permits revoked.

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

 
5.  That any third party electronic ground sign which is 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 Ellesmere Road.

 

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 three variances, subject to the noted conditions as described further in Appendix 1 to this report.

Background Information

(May 19, 2022) Report from the Manager, Sign By-Law Unit, Toronto Building on Application for Three Variances, Each Subject to Conditions, Respecting One Third Party Electronic Ground Sign - 1416 Warden Avenue
https://www.toronto.ca/legdocs/mmis/2022/sb/bgrd/backgroundfile-226212.pdf
(May 19, 2022) Attachment 2 to the Report from the Manager, Sign Bylaw Unit, Toronto Building on Application for Three Variances, Each Subject to Conditions, Respecting One Third Party Electronic Ground Sign - 1416 Warden Avenue
https://www.toronto.ca/legdocs/mmis/2022/sb/bgrd/backgroundfile-226214.pdf

Communications

(June 3, 2022) Presentation from Christopher Bentler, President, Development, Allvision (SB.New)
https://www.toronto.ca/legdocs/mmis/2022/sb/comm/communicationfile-151052.pdf
(June 3, 2022) Presentation from Ted Van Vliet, Manager, Sign By-law Unit, Toronto Building (SB.New)
https://www.toronto.ca/legdocs/mmis/2022/sb/comm/communicationfile-151053.pdf

Speakers

Christopher Bentler, Van Horne Outdoor LP (Submission Filed)
Ted VanVliet, Manager, Sign By-law Unit, Toronto Building (Submission Filed)

Motions

1 - Motion to Amend Item moved by Raj Bharati (Carried)

That the Sign Variance Committee:

 

1.  Grant 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 at 1416 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:

 

That condition 5 of Attachment 1 be replaced with the following:

 

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

Source: Toronto City Clerk at www.toronto.ca/council