Item - 2024.SB11.2

The Sign Variance Committee:

1. Refused the variance requested to §694-14.R, 694-22.D, 694-22.E, 694-25.C(2)(d), 694-25.C(2)(e), 694-25.C(2)(f) and 694-25.C(2)(h) required to allow the issuance of a permit for the erection and display of the third party electronic ground sign, located on the premises municipally known as 1139-1141 Kennedy Road, as described in Attachment 1 to the report (April 24, 2024) from the Manager, City Wide 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 BADER GROUP Inc., Jolt Charge Inc., and George Gagne (collectively described as the "Applicant") have applied for seven variances, each subject to two conditions condition, required to allow the Chief Building Official ("CBO") to issue a sign permit to erect and display a double-faced third party electronic ground sign, displaying electronic static copy (the "Proposed Sign"), on the premises municipally known as 1139-1141 Kennedy Road (the "Subject Premises").

The Subject Premises is designated as an Employment ("E") Sign District, which allows third party electronic ground signs. The Proposed Sign would have a maximum height of 2.65 metres, and would contain two rectangular sign faces, each with a maximum horizontal dimension of 0.93 metres and maximum vertical dimension of 1.65 metres, with a maximum sign face area of 1.54 square metres. The Proposed Sign is described further in Attachment 1.

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

1) Existing requirement § 694-14R: No sign shall be located in a visibility zone. Proposed Varied Requirement: To allow the Proposed Sign to be erected in a visibility zone.

2) Existing requirement § 694-22D: A third party sign shall not be erected within 100.0 metres of any other lawful third party sign whether or not erected. Proposed Varied Requirement: To allow the Proposed Sign to be erected approximately 89 metres from other lawful third party sign located at 1149 Kennedy Road.

3) Existing requirement § 694-22E: A third party electronic sign, as permitted by Subsections 694-25A(2), C(2), D(3), D(4), 694-26I(1), (2) and (3) shall not be erected within 150.0 metres of any other lawful third party sign whether or not erected. Proposed Varied Requirement: To allow the Proposed Sign to be erected approximately 89 metres from other lawful third party sign located at 1149 Kennedy Road.

4) Existing requirement § 694-25C(2)(d): An E – Employment 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 Varied Requirement: To allow the Proposed Sign to be erected 0.5 metres from the property line, whereas the minimum Zoning By-law required setback is 3.0 metres.

5) Existing requirement § 694-25C(2)(e): An E – Employment Sign District may contain a third-party electronic ground sign, provided the sign 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 district. Proposed Varied Requirement: To allow the Proposed Sign to be erected approximately 31.0 metres of a premises located in a CR sign district and 40 metres of a premises in a R sign district.

6) Existing Requirement § 694-25C(2)(f): An E – Employment 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. Proposed Varied Requirement: To allow the Proposed Sign to be facing premises in the CR sign district approximately 31 metres to the west, in the R sign districts 40 metres to the northwest and 70 metres to the west, and in the I sign district approximately 245 metres to the south.

7) Existing Requirement § 694-25.C(2)(h):  An E – Employment 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 Varied Requirement: To allow the Proposed Sign to be an additional sign erected on a premises containing one first party ground sign.

Each of the requested variances, if granted, would be subject to the following condition:

Condition 1: The sign faces of the Proposed Sign shall each have a sign face area not exceeding 1.54 square metres.

Condition 2: The height of the Proposed Sign shall not exceed of 2.65 metres.

Following a review of the Applicant's submissions and additional information provided by the staff, the CBO has determined that there is not a sufficient basis to conclude that the eight required criteria in §694-30A of the Sign By-law have been established with respect to the seven variances, each subject to the noted conditions, as described further in Attachment 1 of this report.