Item - 2024.SB9.1

The Sign Variance Committee:

1. Granted the requested variances to sections 694-24.A(58), 694-24.A(66), 694-25.D(3)(e) and 694-25.D(3)(f), as further described in Attachment 1 to the report (April 25, 2024) 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 Newmarket Subdivision, North of Wilson Ave, East of Keele Street, each subject to the following two conditions set out below:

a. Condition 1 - The Proposed Sign shall operate at a maximum level of illumination of 150 NITS during the period between sunset and sunrise; and

b. Condition 2 -This variance granted (with respect to sections 694-24.A(58), 694-24.A(66), 694-25.D(3)(e) and 694-25.D(3)(f), 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 May 10, 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 submitted on or after five years from the date of May 10, 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 May 10, 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.

OUTEDGE Media Canada LP (the "Applicant") has applied for four variances, subject to one condition, required to allow for a permit to be issued to construct a third party electronic ground sign, with one sign face, displaying electronic static copy (the "Proposed Sign"). The Proposed Sign would be located on the railway corridor lands, on portion of the area municipally known as the Newmarket Subdivision, immediately to the north side of Wilson Avenue, approximately 750 meters east of Keele Street, North York (the "Subject Premises").

The Subject Premises is designated as Utility ("U") sign district, which generally allows for third party electronic ground signs. Despite this, the Proposed Sign would be located in two separate areas where City Council has specifically determined that no third party sign shall be erected or displayed.

The Proposed Sign would have a maximum height of 10.0 metres, and would contain one rectangular sign face, with a horizontal dimension of 8.68 metres and vertical dimension of 2.23 metres, with a total sign face area of 19.35 square metres. The Proposed Sign is described further in Attachment 1.

The Proposed Sign requires four variances to Chapter 694, each subject to one condition, 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 requirements are summarized below:

1) § 694-24.A(58) – A third party sign shall not be erected or displayed or caused to be erected or displayed in whole or in part within the portions of Newmarket Subdivision within 100 metres of the location therein near Wilson Avenue and west of Murray Road, upon which, as of July 11, 2014, a third party ground sign was erected or displayed. Proposed New Requirement: To allow the Proposed Sign to be located within the area regulated by the site-specific area restriction in 694-24.A(58).

2) § 694-24.A(66) – A third party sign shall not be erected or displayed or caused to be erected or displayed in whole or in part within the portions of Newmarket Subdivision within 100 metres of the location therein Wilson Avenue and west of Murray Road, upon which, as of July 11, 2014, a third party ground sign was erected or displayed. Proposed New Requirement: To permit the Proposed Sign to be located within the area regulated by the site-specific area restriction in 694-24.A(66).

3) § 694-25.D(3)(e) – An Utility ("U") sign district may contain a third party electronic ground sign provided the sign shall not be erected or displayed within 60.0 metres of any premises located, in whole or in part, in an R, RA, CR, I or OS sign district. Proposed New Requirement: To allow for the Proposed Sign to be erected 15.0 metres of a premises located in an OS sign district.

4) § 694-25.D(3)(f) – An Utility ("U") 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: To permit that the Proposed Sign be facing Commercial Residential ("CR") and a Residential ('R") sign districts located within 250 metres.

If granted, each of the four requested variances would be subject to the following condition:

1) The Proposed Sign shall operate at a maximum level of illumination of 150 NITS during the period between sunset and sunrise.

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 four variances, subject to the noted condition, as described further in Attachment 1 to this report.