Item - 2024.SB6.6

The Sign Variance Committee:

1. Granted the requested variances to sections 694-24.A(14), 694-25.C(2)(f) and 694-25.C(2)(g)[1], as further described in Attachment 1 to the report (October 20, 2023) from the Manager, Citywide Priorities, Toronto Building on behalf of the Chief Building Official and Executive Director, Toronto Building, as required to allow for the issuance of a permit respecting the erection and display of the Proposed Sign at the property municipally known as 590 Wilson Avenue, each subject to the following condition set out below:

a.  This variance granted (with respect to sections 694-24.A(14), 694-25.C(2)(f) and 694-25.C(2)(g)[1] of the City of Toronto Municipal Code, Chapter 694, Signs, General, as applicable) will be null and void, and have no effect of any kind or nature with respect to any application for a permit, with respect to the Proposed Sign submitted on or after five years from the date of February 2, 2024; and shall be null and void and have no effect with respect to an application for a renewal of a permit with respect to the Proposed Sign, with respect to the Proposed Sign submitted on or after five years from the date of February 2, 2024; and also the variance granted is null and void, is of no effect of any kind or nature with respect to any application for a permit, a permit, or a renewal thereof, which relate to the construction, erection, or display of any structure other than the Proposed Sign and if application for a permit, a permit, or a renewal thereof, as well as with respect to any application for a permit, a permit, or a renewal thereof which relate to any lands which were at the date of February 2, 2024, within boundaries of the Subject Premises, but at the time of the subsequent application for a permit, a permit, or a renewal thereof are not so a portion of the Subject Premises.

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.

DUE To Construction (the "Applicant") has been authorized by the owner of the property municipally known as 590 Wilson Avenue, in North York (the "Subject Premises") to apply for three variances, required to allow for a permit to be issued to erect and display a double-faced third party electronic ground sign, displaying electronic static copy on the premises (the "Proposed Sign").

The Subject Premises is designated as an Employment ("E") Sign District, which allows third party electronic ground signs. The Proposed Sign will have two sign faces in a back-to-back configuration, each face measuring 5.80 metres horizontally by 2.91 metres vertically, with a height of 7.62 metres. The Proposed Sign is described further in Attachment 1.

The Proposed Sign requires three 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) § 694-24.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 would be located approximately 260 metres from Highway 401 access ramp.

2) § 694-25.C(2)(f) – An Employment "E" 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 New Requirement: The Proposed Sign would be located approximately 200 metres from the CR sign district and it would be facing such district.

3) § 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 would be located approximately 390 metres from an existing third party electronic sign, located further west on Wilson Avenue.

Following a review of the Applicant's submissions and additional information obtained by the City of Toronto staff investigation, the CBO has determined that there is not 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, as described further in Attachment  1 to this report. As such, the CBO recommends that the variance application for the Proposed Sign be refused.