Item - 2024.SB6.5

The Sign Variance Committee:

1. Refused to grant both the requested variances to sections 694-26I(4)(a), 694-26I(4)(b), 694-26I(4)(d) and subject to three conditions - as required to allow for the issuance of a permit respecting the erection and display of the Proposed Sign; and the requested variance to Subsection 2BB (1)(k) of Schedule B to Chapter 694, Signs, General, as required to allow for the issuance of a permit respecting the alteration, erection and display of the Existing Sign, as further described in Attachment 1 to the report (January 25, 2024) 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.

OUTFRONT Media Canada L.P. (the "Applicant") has stated that they have been authorized by the owner of the property municipally known as 9 Hanna Avenue (the "Subject Premises") to apply for three variances, each subject to three conditions required to allow for a permit to be issued to erect and display a single-faced third party electronic ground sign, displaying electronic static copy (the "Proposed Sign") on the Subject Premises; and an additional variance required to allow for a new permit to be issued to allow for the display of another single-faced third party electronic ground sign, displaying electronic static copy currently on the Subject Premises (the "Existing Sign"). 

The Subject Premises is designated Gardiner Special Sign District ("GG-SSD") with the additional designation "I" on the map contained in Schedule A.  Further, the Subject Premises is subject to specific area specific provisions contained in Subsection 2BB to Schedule B, Signage Master Plans and Area Specific Amendments, of Chapter 694, Signs, General, which provides for additional unique signage provisions for the Subject Premises.  This specific subsection of Schedule B allowed for the Existing Sign to be erected and displayed on the Subject Premises, on the condition that the Existing Sign be the only sign within a specified area. The Appellant will require a variance to this provision of the Sign By-law.

The variance required to allow for a permit to be issued for the display of the Existing Sign would be as follows

1) Subsection 2(BB)(1)(k) of Schedule B, to Chapter 694 – There shall be no more than one third party ground sign erected or displayed within the area delineated with heavy lines on the diagram indicated at Subsection BB(2) as Area Map 1 - 9 Hanna Avenue. Proposed New Requirement: The Existing Sign would be one of two signs sign erected or displayed within the area delineated with heavy lines on the diagram indicated at Subsection BB(2) as Area Map 1 - 9 Hanna Avenue

The Proposed Sign requires three variances to Chapter 694 to allow for 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 with respect to the Proposed Sign are summarized below:

1) § 694-26I(4)(a) – The GG-SSD-I may contain an electronic third party ground sign containing electronic static copy, provided the sign face area shall not exceed 50.0 square metres. Proposed New Requirement: The sign face area of the Proposed Sign would be 145.61 square metres.

2) § 694-26I(4)(b) – The GG-SSD-I - may contain an electronic third party ground sign containing electronic static copy, provided the height shall not exceed 15.0 metres. Proposed New Requirement: The height of the Proposed Sign would be 25 metres.

3) § 694-26I(4)(d) – The GG-SSD-I may contain a third party ground sign provided the sign shall be erected only on a premises where, on the day before this chapter comes into effect, an existing lawful ground sign was erected and displayed containing electronic moving copy or electronic static copy as defined by this chapter, and the sign shall replace the existing sign. Proposed New Requirement: The Proposed Sign would not replace existing lawful ground sign which was erected and displayed on the day before this Chapter 694 came into effect containing electronic moving copy or electronic static copy as defined by Chapter 694.

The Applicant proposed has that the variances be granted subject to the following conditions:

1) Light shielding technology shall be installed on the Proposed Sign.

2) The sign shall operate with a reduced brightness of 200 NITS between sunset and sunrise.

3) The sign face shall be oriented in a south-westerly direction

If the variances are granted, the Existing Sign would have one rectangular sign face facing in a south-easterly direction, displaying electronic static copy, with a maximum sign face area of 146.0 square metres; a maximum vertical dimension (bisecting line) of 8.53 metres; maximum horizontal dimension (centre line) of 17.07 metres, a maximum height of 25.0 metres; and would be one of two signs in the specified area. Similarly, if variances are granted, the Proposed Sign would have one rectangular sign face facing in a south-westerly direction, displaying electronic static copy, with a maximum sign face area of 145.61 square metres; a maximum bisecting line of 8.53 metres; a maximum centre line of 17.07 metres, a maximum height of 25.0 metres and also be located within the specified area of the Subject Premises.

The Applicant wants to have two signs on the Subject Premises that are similar to the Existing Sign (one facing southwest and one facing southeast). The Proposed Sign, Existing Sign, and their variances and conditions are explained in Attachment 1.

The Chief Building Official and Executive Director, Toronto Building (“CBO”) has reviewed the Applicant’s submissions and additional information from the Sign By-law Unit staff. The CBO has found that the Applicant has not met the nine criteria in §694-30A of the Sign By-law for either the Proposed Sign or the Existing Sign. Therefore, the CBO does not support granting the four variances that the Applicant has requested for the Proposed Sign and the Existing Sign - the four variances and conditions are in Attachment 1.

This report responds to a direction from the September 9th, 2023 meeting of the Sign Variance Committee, where the Committee referred item SB 4.2 to the Chief Building Official and Executive Director, Toronto Building, ("CBO") for the purposes of receiving further submissions from the Applicant to support their application for three variances, each subject to three conditions, respecting one third party electronic ground sign at 9 Hanna Avenue, and one variance subject respecting an existing third party electronic ground sign also located at 9 Hanna Avenue; for the purpose of preparing a supplementary report to the Sign Variance Committee for their first meeting in 2024.

Subsequent to the Sign Variance Committee's September 2023, decision, the Applicant submitted additional information to the CBO. This additional information consisting of a revised illumination study to address the potential impacts that the Proposed Sign may have on the surrounding premises (the "Additional Submission"). The Applicant's Additional Submission (attached as Attachment 3 to this report) did not provide any new or additional information which addressed the other aspects of the nine criteria required to be satisfied for a variance to be granted to permit both the Proposed Sign and the Existing Sign.

As stated in the August 25, 2023 report of the Manager, Citywide Priorities, Toronto Building on behalf of the CBO (the "Original Report"), OUTFRONT Media Canada L.P. applied for three variances to erect and display a new electronic sign at 9 Hanna Avenue (the "Proposed Sign), and an additional variance for an existing electronic ground sign also at 9 Hanna Avenue (the "Existing Sign").

9 Hanna Avenue is in the Gardiner Gateway Special Sign District (GG-SSD) and is also subject to specific provisions in Subsection 2(BB)(1)(k) to Schedule B of the Sign By-law, which provides for unique permissions to allow an electronic ground sign on the condition it is the only third-party sign on the premises. As described in the Original Report, the variance required to allow for a permit to be issued for the display of the Existing Sign would be as follows:

1) Subsection 2(BB)(1)(k) of Schedule B, to Chapter 694 – There shall be no more than one third party ground sign erected or displayed within the area delineated with heavy lines on the diagram indicated at Subsection BB(2) as Area Map 1 - 9 Hanna Avenue. Proposed New Requirement: The Existing Sign would be one of two signs sign erected or displayed within the area delineated with heavy lines on the diagram indicated at Subsection BB(2) as Area Map 1 - 9 Hanna Avenue

Also as described in the Original Report, the Proposed Sign requires three variances to Chapter 694 to allow for the CBO to issue the sign permit. The requirements in Chapter 694 which have been requested to be varied, and the proposed varied requirements with respect to the Proposed Sign are summarized below:

1) § 694-26I(4)(a) – The GG-SSD-I may contain an electronic third party ground sign containing electronic static copy, provided the sign face area shall not exceed 50.0 square metres. Proposed New Requirement: The sign face area of the Proposed Sign would be 145.61 square metres.

2) § 694-26I(4)(b) – The GG-SSD-I - may contain an electronic third party ground sign containing electronic static copy, provided the height shall not exceed 15.0 metres. Proposed New Requirement: The height of the Proposed Sign would be 25 metres.

3) § 694-26I(4)(d) – The GG-SSD-I may contain a third party ground sign provided the sign shall be erected only on a premises where, on the day before this chapter comes into effect, an existing lawful ground sign was erected and displayed containing electronic moving copy or electronic static copy as defined by this chapter, and the sign shall replace the existing sign. Proposed New Requirement: The Proposed Sign would not replace existing lawful ground sign which was erected and displayed on the day before this Chapter 694 came into effect containing electronic moving copy or electronic static copy as defined by Chapter 694.

The Applicant proposed has that each of the requested variances concerning the Proposed Sign be granted subject to the following conditions: Condition 1) Light shielding technology shall be installed on the Proposed Sign; Condition 2) The sign shall operate with a reduced brightness of 200 NITS between sunset and sunrise; and Condition 3) The sign face of the Proposed Sign shall be oriented in a south-westerly direction.

The CBO, after reviewing the Applicant's submissions, including the information in the Additional Submission, determined that the Applicant has still not met the criteria in §694-30A of the Sign By-law for either sign, and as a result does not support granting the four requested variances (three of which are each subject to the three requested conditions).