Item - 2024.SB10.1
Tracking Status
- This item was considered by Sign Variance Committee on June 7, 2024 and was adopted with amendments.
SB10.1 - Appeal of the Chief Building Official's Decision for a Sign Variance Application with respect to one First Party Electronic Ground Sign at 427 Bloor Street West
- Decision Type:
- ACTION
- Status:
- Amended
- Ward:
- 11 - University - Rosedale
Committee Decision
The Sign Variance Committee:
1. Granted the variances to 694-15.A, 694-20.I and 694-21.D of Chapter 694, Signs, General, with respect of one electronic ground sign (the “Proposed Sign”), each subject to multiple conditions, as required to allow for the issuance of a permit respecting the erection and display of the Proposed Sign proposed to be located on the premises municipally known as 427 Bloor Street West, as described in detail in Attachment 5 to the report (May 24, 2024) from the Manager, Citywide Priorities, Toronto Building, with the following amendments:
a. Variance number 3 as noted in the Variances listed in Attachment 5 to the report (May 24, 2024) from the Manager, Citywide Priorities, Toronto Building, be deleted; and,
b. The following is added as Condition #5;
“All of the existing first party ground signs at the premises municipally known as 427 Bloor Street West, near the northerly frontage of the premises shall be removed, and any and all associated sign and building permits shall be revoked, prior to the issuance of the sign permit for the Proposed Sign.” and
c. Variance number 1 and Variance number 2 as noted in the Variances listed in Attachment 5 to the report (May 24, 2024) from the Manager, Citywide Priorities, Toronto Building, each be amended by deleting the phrase “conditions 1, 2, 3 and 4” and replacing it with the following phrase “conditions 1, 2, 3, 4 and 5”.
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
Summary
This report addresses an appeal respecting a Sign Variance application (the “Sign Variance”). The Sign Variance contains one first party electronic ground sign, displaying both static copy and electronic moving copy (the "Proposed Sign"), which would be located on the north frontage of the property municipally known as 427 Bloor Street West (the “Subject Premises”). The Proposed Sign would have two sign faces, in a “v-shaped” configuration, each of the sign faces are proposed to measure 2.53 metres vertically by 1.93 metres horizontally, and height of 3.66 metres. The Proposed Sign would identify and provide information for Trinity - Saint Paul’s Centre located on the Subject Premises.
A Sign variance was originally applied by Jordan’s Sign Permits on behalf of Steel Art Sign Corp (collectively known as the "Applicant"), as authorized by Trinity Saint Paul’s United Church (the “Owner”). Notice of the application for the Sign Variance was provided to the public, and the Chief Building Official and Executive Director, Toronto Building (“CBO”) conducted a written hearing in accordance with the requirements of the Sign By-law. Various parties participated in the hearing and filed materials in relation thereto.
After conducting a review in accordance with the requirements of the Sign By-law, the CBO made a decision to refuse to grant the requested variances on the basis that the Sign Variance did not meet all nine of the mandatory criteria, established in the Sign By-law at the time. Specifically, the CBO determined that the Applicant failed to establish that the Proposed Sign described would be compatible with the development of the premises and surrounding area, would not alter the character of the premises or surrounding area and would not be contrary to the public interest. After the issuance of the CBO’s decision denying the variances requested for the Proposed Sign, the Applicant filed an appeal of the CBO’s decision.
As a result of the Applicant filing an appeal of the CBO’s decision, the Sign Variance Committee (“SVC”) is now conducting an appeal de novo, meaning that the SVC is required to conduct an evaluation to determine whether the Applicant has demonstrated that the Sign Variance meets all the criteria established in the Sign By-law at present, based on the information presented to the Sign Variance Committee. The SVC may decide to refuse or grant the variances requested by the Applicant for the Proposed Sign, or to decide to grant different variances, or impose conditions which the Applicant did not include in the Sign Variance.
It is the CBO’s opinion that the Applicant has not established that the Sign Variance would meet all eight established criteria as contained at §694-30A of the Sign By-law, and that the Sign Variance Committee should not grant the Sign Variance to allow for the Proposed Sign.
Background Information
https://www.toronto.ca/legdocs/mmis/2024/sb/bgrd/backgroundfile-246172.pdf
(May 24, 2024) Attachment 1
https://www.toronto.ca/legdocs/mmis/2024/sb/bgrd/backgroundfile-246174.pdf
(May 24, 2024) Attachment 2
https://www.toronto.ca/legdocs/mmis/2024/sb/bgrd/backgroundfile-246201.pdf
(May 24, 2024) Attachment 3 Part A
https://www.toronto.ca/legdocs/mmis/2024/sb/bgrd/backgroundfile-246222.pdf
(May 24, 2024) Attachment 3 Part B
https://www.toronto.ca/legdocs/mmis/2024/sb/bgrd/backgroundfile-246211.pdf
(May 24, 2024) Attachment 4
https://www.toronto.ca/legdocs/mmis/2024/sb/bgrd/backgroundfile-246175.pdf
(May 24, 2024) Attachment 5
https://www.toronto.ca/legdocs/mmis/2024/sb/bgrd/backgroundfile-246176.pdf
Communications
https://www.toronto.ca/legdocs/mmis/2024/sb/comm/communicationfile-180335.pdf
(June 7, 2024) E-mail from Just Cole (SB.New.SB10.1.2)
(June 7, 2024) Presentation from Fernanda Patza, Policy Development Officer, City Wide Properties, Toronto Building (SB.New.SB10.1.3)
https://www.toronto.ca/legdocs/mmis/2024/sb/comm/communicationfile-180383.pdf
Speakers
Just Cole
Jordan Clavette
Aaron Dawson
Brian Burchell, Annex BIA
Greg Lindsay
Bob Fugere
Cara Benjamine-Pace
Dr. Laura Menard, Viva Singers Toronto
Susan Craig
Sarah Jean Harrison
Motions
That:
1. The Sign Variance Committee grant the variances to 694-15.A, 694-20.I and 694-21.D of Chapter 694, Signs, General, with respect of one electronic ground sign (the “Proposed Sign”), each subject to multiple conditions, as required to allow for the issuance of a permit respecting the erection and display of the Proposed Sign proposed to be located on the premises municipally known as 427 Bloor Street West, as described in detail in Attachment 5 to the report (May 24, 2024) from the Manager, Citywide Priorities, Toronto Building, with the following amendments:
a. Variance number 3 as noted in the Variances listed in Attachment 5 be deleted; and,
b. The following is added as Condition #5;
“All of the existing first party ground signs at the premises municipally known as 427 Bloor Street West, near the northerly frontage of the premises shall be removed, and any and all associated sign and building permits shall be revoked, prior to the issuance of the sign permit for the Proposed Sign.” and
c. Variance number 1 and Variance number 2 as noted in the Variances listed in Attachment 5 each be amended by deleting the phrase “conditions 1, 2, 3 and 4” and replacing it with the following phrase “conditions 1, 2, 3, 4 and 5”.