Item - 2023.SB5.2

The Sign Variance Committee:

1. Refused the requested variances to sections 694-24.A(10), 694-25.C(2)(a), 694-25.C(2)(b), 694-25.C(2)(g)[1], and 694-25.C(2)(h), as required to allow for the issuance of a permit respecting the erection and display of the Proposed Sign D1 at the property municipally known as 655 Dixon Road, as further described in Attachment 1 to the report (October 19, 2023) from the Manager, Citywide Priorities, Toronto Building.

2. Refused the requested variances to sections 694-22. D, 694-24.A(10), 694-24.A(14), 694-25.C(2)(a), 694-25.C(2)(b), 694-25.C(2)(c), 694-25.C(2)(d),  694-25.C(2)(g)[1], and 694-25.C(2)(h), as required to allow for the issuance of a permit respecting the erection and display of the Proposed Sign D2 at the property municipally known as 655 Dixon Road, as further described in Attachment 2 to the report (October 19, 2023) from the Manager, Citywide Priorities, Toronto Building.

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.

The owner of the property municipally known as 655 Dixon Road, in Etobicoke (the “Subject Premises”) has authorized Lakeshore Group (the “Applicant”) to make two sign variance applications. The first application is for “Proposed Sign D1”, a single-faced third-party electronic ground sign displaying electronic static copy, which requires five variances to Chapter 694. The second application is for “Proposed Sign D2”, which is also a single-faced third-party electronic ground sign displaying electronic static copy which requires nine variances to Chapter 694.

Each of Proposed Sign D1 and Proposed Sign D2 (collectively the “Proposed Signs”) would be a single-faced third-party electronic ground sign displaying electronic static copy with a height of 17.0 meters and containing a sign face measuring 7.0 meters horizontally by 7.0 meters vertically. Proposed Sign D1 and Proposed Sign D2 are described further in Attachments 1 and 2, respectively.

Proposed Sign D1 requires five variances to Chapter 694 to allow the Chief Building Official (“CBO”) to issue the sign permit. Proposed Sign D1 requires variances because it is proposed to be higher and contain a larger sign face than would be generally allowed, be closer to other electronic ground signs, and in excess of the maximum number of ground signs or electronic ground signs that would normally be allowed on a premises. Additionally, it is proposed to be located in an area where City Council enacted an area-specific prohibition on any third-party signs from being erected.

The requirements in Chapter 694 which have been requested to be varied, and the proposed varied requirements with respect to Proposed Sign D1 are summarized below:

1) § 694-24.A(10) – 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 27 from Highway 401 to Steeles Avenue, transferred from the Province by Order in Council 535/97. Proposed New Requirement: The Proposed Sign D1 would be erected or displayed in an area of the City where third party signs are prohibited - specifically approximately 40 metres of a limit of Highway 27 from Highway 401 to Steeles Avenue - the western limit of the portion of Highway 27 referred to as an access ramp.

2) § 694-25.C(2)(a) – An Employment "E" Sign District may contain a third party electronic ground sign, provided the sign face area shall not exceed 20.0 square metres. Proposed New Requirement: The Proposed Sign D1 would have a sign face area of 49.0 square metres.

3) § 694-25.C(2)(b) – An Employment "E" Sign District may contain a third party electronic ground sign, provided the height shall not exceed 10.0 metres. Proposed New Requirement: The Proposed Sign D1 would have a height of 17.0 metres.

4) § 694-25.C(2)(g)[1] – An Employment "E" Sign District may contain a third party electronic ground sign, provided the sign be located a minimum of 500 metres from any other third party electronic sign located on the same street. Proposed New Requirement: The Proposed Sign D1 would be located approximately 155 metres from Proposed Sign D2.

5) § 694-25.C(2)(h) – An Employment "E" 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 contains three first party ground signs.

The "Proposed Sign D2" requires nine variances to Chapter 694 to allow the Chief Building Official ("CBO") to issue the sign permit. The requirements in Chapter 694 which have been requested to be varied, and the proposed varied requirements are summarized below:

1) § 694-22.D – A third party electronic sign shall not be erected within 150.0 metres of any other lawful third party sign whether or not erected. Proposed New Requirement: The Proposed Sign D2 would be located approximately 100 metres from an existing third party sign located further east on 621 Dixon Road and 155 metres from Proposed Sign D1.

2) § 694-24.A(10) – 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 27 from Highway 401 to Steeles Avenue, transferred from the Province by Order in Council 535/97. Proposed New Requirement: The Proposed Sign D2 would be located in an area of the City where third party signs are prohibited - specifically approximately 180 metres of a limit of Highway 27 from Highway 401 to Steeles Avenue - the western limit of the portion of Highway 27 informally referred to as an access ramp.

3) § 694-24.A(14) – 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 any portion of Highway 401 contained within the municipal boundaries of the City. Proposed New Requirement: The Proposed Sign D2 would be located in an area of the City where third party signs are prohibited - specifically approximately 360 metres from a limit of a portion of Highway 401 contained within the municipal boundaries of the City - portion of Highway 401 informally referred to as an off ramp.

4) § 694-25.C(2)(a) – An Employment "E" Sign District may contain a third party electronic ground sign, provided the sign face area shall not exceed 20.0 square metres. Proposed New Requirement: The Proposed Sign D2 would have a sign face area of 49.0 square metres.

5) § 694-25.C(2)(b) – An Employment "E" Sign District may contain a third party electronic ground sign, provided the height shall not exceed 10.0 metres. Proposed New Requirement: The Proposed Sign D2 would have a height of 17.0 metres.

6) § 694-25.C(2)(c) – An Employment "E" Sign District may contain a third party electronic ground sign, provided sign shall not be erected within 30.0 metres of the intersection of a major street with any other street. Proposed New Requirement: The Proposed Sign D2 would be located approximately 13.0 metres of the intersection of Dixon Road and Kelfield Street.

7) § 694-25.C(2)(d) – An Employment "E" Sign District may contain a third party 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 D2 would be located 7.0 metres from the lot line abutting Kelfield Street, whereas the Zoning By-law requires 9.0 metres setback from a lot line that abuts street.

8) § 694-25.C(2)(g)[1] – An Employment "E" Sign District may contain a third party electronic ground sign, provided the sign be located a minimum of 500 metres from any other third party electronic sign located on the same street. Proposed New Requirement: The Proposed Sign D2 would be located approximately 155 metres from Proposed Sign D1.

9) § 694-25.C(2)(h) – An Employment "E" 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 contains three first party ground signs.

Following a review of the Applicant's submissions and additional information provided by City of Toronto staff, the CBO has determined that there is not 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 variances required for sign D1 or D2, as described in Attachments 1 and 2 to this report. As such, the CBO recommends that the variance applications for signs D1 and D2 be refused.