Gem Windows and Doors Inc. – Two First Party Sign Variances – 1590 The Queensway 1

STAFF REPORT ACTION REQUIRED

Appeal by Gem Windows and Doors Inc. of the Decision of the Chief Building Official for Two Variances with Respect to a First Party Sign Proposal for One Ground Sign – 1590 The Queensway

Date: August 16, 2013

Ward: Ward 5 – Etobicoke Lakeshore

File No.: FP-13-00058

IBMS File No.: 13-136524

PURPOSE OF THE APPEAL

To obtain two variances to Chapter 694, Signs, General, required to permit modifications to an existing ground sign located along the southerly frontage of the premises, fronting along The Queensway. The proposal contemplates the addition of two sign faces, facing both easterly and westerly, 1.99 metres wide by 2.62 metres long and displaying electronic static copy. The overall dimensions of the ground sign are 2.75 metres wide by 7.42 metres long and at a height of 7.42 metres. The ground sign identifies an existing window and door manufacturer and showroom located on the premises.

This report recommends that the requested variances from Chapter 694 be refused as they do not meet the criteria established in §694-30A.

REQUESTED VARIANCES

Table 1: Summary of Requested Variances

Section Requirement Requested Variance

694-14E Signs shall display static copy only.

The proposed ground sign contemplates two additional sign faces, each displaying electronic static copy.

694-21E(3)(b) A ground sign is permitted provided the sign face area shall not exceed 9.6 square metres.

The sign face area of each of the two sign faces on the modified ground sign are 20.41 square metres.

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RECOMMENDATIONS

The Manager, Sign By-law Unit, Toronto Building, recommends that:

1. The Sign Variance Committee refuse to grant the variance from the requirement of §694-14E, that a sign shall display static copy only, to allow the issuance of a sign permit authorizing the erection and display on the premises known municipally as 1590 The Queensway, of a ground sign displaying electronic static copy; and

2. The Sign Variance Committee refuse to grant the variance from the requirement of §694-21E(3)(b), that a sign face area shall not exceed 9.60 metres, to allow the issuance of a sign permit authorizing the erection and display on the premises known municipally as 1590 The Queensway, of a ground sign containing two sign faces, each 20.41 square metres in sign face area.

COMMENTS

The Proposed Sign: The variances are requested to allow for a permit to be issued for the erection and display of one illuminated first party ground sign. The proposed ground sign would be located along the southerly frontage of the property and directed to vehicular traffic travelling along The Queensway. The proposed illuminated first party ground sign would contain two sign faces, each displaying static and electronic static copy displaying static copy, with an overall horizontal measurement of 2.75 metres and an overall vertical measurement of 7.42 metres. The electronic static component of each of the two sign faces is to be 1.99 metres in width by 2.62 metres in length.

A summary of the attributes of the proposed sign is contained in Table 2 below.

Table 2 – Summary of Proposed Sign Attributes: Sign Class: First Party Sign Type: Ground Sign

Sign Copy Type: Static Copy & Electronic Static Copy

Sign Copy Type Permitted?

Yes & No

Illuminated/Non-Illuminated: Illuminated Sign Height: 7.42 metres Sign Face Area: 20.41 square metres No. of Sign Faces: 2 Sign Dimensions (horizontal x vertical): 2.75 metres x 7.42 metres Proposed Sign Location: 1590 The Queensway; southerly frontage

Site Context: The proposed sign is intended to be located along the southerly frontage of the premises municipally known as 1590 The Queensway. 1590 The Queensway is designated as an E-Employment sign district. Each of the two sign faces on the ground sign faces easterly and westerly, attracting attention to vehicles driving along The Queensway. The subject premises is immediately surrounded by other E-Employment designated properties with a large retail/commercial development beyond, to the west; and, a similarly scaled property

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containing a local branch of a financial institution, designated C-Commercial beyond, to the east.

The area is defined predominately by commercial and industrial uses. There is a relatively new “big box” commercial development containing both a “Canadian Tire” and a “Lowe’s” retail warehouse to the east.

Figure 1: 1590 The Queensway – Sign District Map Excerpt

Table 3 – Summary of 1590 The Queensway and Surrounding Area

Sign District Designation: E-Employment

Sign District Designations of Surrounding Premises:

North East South West

E-Employment E-Employment E-Employment E-Employment

Land Uses and Attributes of Surrounding Premises:

North East South West

Light industrial operations

Wholesale goods showroom and warehouse

The Queensway with restaurants and

automobile dealerships beyond

Family restaurant and “big box” commercial

development beyond

Criteria Established by §694-30A: In order to review, consider, and make recommendations on sign variance applications, criteria to evaluate an application for a variance is provided in Chapter 694. §694-30A states that an application for a variance from the provisions of Chapter 694 may only be granted where it is established that the proposed sign meets each of these criteria.

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Table 4 – Evaluation of Requested Variance from the Requirement of §694-14E & §694-21E(3)(b)

Relevant Chapter 694 Criteria Meets

Criteria? (yes/no)

Comments

694-30A(1) - Is warranted based on physical circumstances applicable to the property or premises

No

As provided for in Chapter 694, the size and height of a ground sign is commensurate with the width of the frontage of a lot. The greater the lot frontage, the larger the sign is permitted to be. Based on a lot frontage of 31.77 metres, the maximum permitted sign face area shall be 9.60 square metres. Each of the two proposed sign faces on the ground sign is 20.41 square metres; more than twice the sign face area which Chapter 694 provides. No compelling rationale has been provided to determine that such a sign face area is warranted based on the physical circumstances of the property.

Electronic static copy is a technological advance in the method in which sign copy can be displayed. This method of copy display has been defined and heavily restricted in Chapter 694; only permitted in three areas of the City defined in a Special Sign District. No compelling rationale has been provided to determine that such method of copy display is warranted based on the physical circumstances of the property.

694-30A(2) - Is consistent with the architecture of the building or development of the property

No

Based on the frontage of the property the sign face area of each of the two sign faces on the ground sign is too large. Such a sign face area is inconsistent with the development of the property. The two adjacent properties immediately to the east do not even contain first party ground signs. Readograph copy, consisting only of alpha-numeric characters and forming a subordinate component of a first party ground sign, is permitted as-of-right.

694-30A(3) - Is consistent with buildings and other features of properties or premises within 120 metres of the location of the proposed sign

No There are no other signs displaying electronic static copy within a 120 metre radius of the proposed sign. There are, however, signs with component parts of their sign faces displaying readograph copy.

694-30A(4) - Will not alter the essential character of the area

No

A ground sign of such scale and magnitude and with a method of copy display with constantly changing imagery may alter the essential character of the area. The sign, as per regulations, is too large for the property on which it is erected and displayed and the method of copy display is inconsistent with the display technology of all other signs in the area.

694-30A(5) - Will not adversely affect adjacent properties

No

A ground sign displaying electronic static copy in this location will be visible to all passers-by travelling along The Queensway and also visible to any businesses immediately surrounding the subject premises. Such visibility may create an adverse impact.

694-30A(6) - Will not adversely affect public safety No

Signs with electronic copy can draw and hold driver attention and compete with traffic control devices for a road user's attention. Such competition for road users attention may adversely affect public safety.

694-30A(7) - Is, in the opinion of the decision maker, not contrary to the public interest

No

The proposed sign creates an adverse effect on public safety, which is contrary to the public interest. Furthermore, concerns have been raised with respect to visual impact and the precedent-setting nature of this proposal by neighbours.

694-30A(8) - Is of a sign class or a sign type that is permitted in the sign district where the premises is located

Yes Staff have confirmed the subject property is located within an E-Employment sign district, resultantly, the proposed first party ground sign is of a sign class and sign type permitted.

694-30A(9) - Is not expressly prohibited by §694-15B Yes

The proposed first party ground sign is not prohibited by §694-15B of Chapter 694.

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CONCLUSION

In consideration of the materials submitted, it is the Sign By-law Unit’s opinion that it has not been established that the requested variance from §694-14E and §694-21E(3)(b) meets all nine of the criteria for a variance to be granted. As such, it is recommended that the Sign Variance Committee refuse the variances requested from Chapter 694, Signs, General, by the Applicant in connection to the proposed sign.

CONTACT

Robert Bader Supervisor, Sign By-law Unit Tel: (416) 392-4113; E-mail: rbader@toronto.ca

SIGNATURE

_______________________________ Ted Van Vliet Manager, Sign By-law Unit

ATTACHMENTS

1. Applicant’s Original Submission Package

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ATTACHMENT 1: APPLICANT'S ORIGINAL SUBMISSION PACKAGE

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