REPORT FOR ACTION Appeal Concerning Two First Party Wall

REPORT FOR ACTION
Appeal Concerning Two First Party Wall Signs at 1
Eglinton Avenue East
Date: May 10, 2017
To: Sign Variance Committee
From: Manager, Sign By-law Unit, Toronto Building
Wards: St. Paul's (22)
SUMMARY
This report makes recommendations to the Sign Variance Committee regarding a
proposal for two first party wall signs displaying a logo or corporate symbol, both
displaying static copy (the "Proposed Signs"), as shown in Figure 1. The Proposed
Signs are to be located at the eighth storey of the north and west elevation of an office
building at 1 Eglinton Avenue East (the "Premises"). The Proposed Signs identify a realestate investment and property management company, Davpart Inc. (the "Appellant"),
which is appealing the original decision of the Chief Building Official ("CBO") to refuse to
grant one variance from the Sign By-law required for the Proposed Signs.
The Appellant has not provided enough information to confirm that the Proposed Signs
meet all nine established criteria contained in §694-30A of the Sign By-law.
Furthermore, there is information which supports that three of these criteria have not
been met.
Specifically, it has not been established that the Proposed Signs are compatible with the
development of the premises and surrounding area; will not adversely affect adjacent
premises; and, will not alter the character of the premises and surrounding area.
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Figure 1: Renderings of the Proposed Signs at 1 Eglinton Avenue East
North Elevation
West Elevation
RECOMMENDATIONS
The Manager, Sign By-law Unit, Toronto Building, recommends that:
1. The Sign Variance Committee refuse the requested variance for the Proposed
Signs at the Premises municipally known as 1 Eglinton Avenue East, as
described in Attachment 1 to this report.
FINANCIAL IMPACT
There is no financial impact resulting from the adoption of the recommendations in this
report.
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DECISION HISTORY
On April 10, 2017, the Chief Building Official refused to grant the requested variance for
the Proposed Signs.
ISSUE BACKGROUND
Sign Attributes
The Proposed Signs are illuminated first party wall signs displaying a logo or corporate
symbol, each displaying static copy. The Proposed Signs identify a real-estate
investment and property management company located at the Premises. As shown in
Figure 2, each of the Proposed Signs is located on the eighth storey of the north and
west elevation; each measuring 1.27 metres vertically by 5.4 metres horizontally.
Figure 2: Image of Proposed Projecting Sign at 1 Eglinton Avenue East
Site Context and Sign District Designation
The Premises is located in Ward 22 (St. Paul's), on the south-east corner of Yonge
Street and Eglinton Avenue East. The
Figure 3 - Sign District Designation of the
Premises is located in a CR-Commercial Premises and Surrounding Area
Residential Sign District, and contains an
eight-storey office building.
As shown in Figure 3, the surrounding
properties are also designated as CRCommercial Residential Sign Districts.
The immediate area consists of mixeduse buildings with retail and commercial
uses at the first storey, and a new mixeduse building to the north of the Premises
containing retail and commercial uses at
the first three storeys, and residential
units above.
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Required Variances
Table 1: Summary of Requested Variances for the Proposed Signs
Sign By-law Section
Requirement
Proposal
694-21D(4)(a)
A CR-Commercial Residential Sign
District may contain a wall sign displaying
the logo or corporate logo of a business
located on the premises, provided the sign
shall only be erected on an office building
containing 10 or more storeys.
The proposed wall sign is
located on an eight-storey
office building.
COMMENTS
Criteria Established by §694-30A of The Sign By-law:
The Sign By-law contains specific criteria used in evaluating an application for
variances. Specifically, §694-30A states that an application for a variance may only be
granted where it is established that a proposed sign meets each of the nine established
criteria.
In reviewing this application, the CBO has determined that the Appellant did not provide
enough information to establish that the Proposed Sign has met all nine of the
established criteria.
Applying the Established Criteria:
Section/Criteria Description: 694-30A(1) - The Proposed Sign belongs to a sign
class permitted in the Sign District
Yes, this criteria has been established because the Proposed Signs are first party signs
which are permitted in CR-Commercial Residential Sign Districts.
Section/Criteria Description: 694-30A(2) - In the case of a third party sign, the
Proposed Sign is of a sign type permitted in the Sign District
Yes, this criteria has been established as the proposed Signs are first party signs..
Section/Criteria Description: 694-30A(3): The Proposed Sign is compatible with
the development of the premises and surrounding area
No, this criteria has not been established, as the Appellant has not provided sufficient
information to demonstrate that the Proposed Signs are compatible with the
development of the Premises and surrounding area.
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A review of signage in the area reveals mostly first party signs located at the first and
second storeys, identifying commercial retail. The exception to this is at 2300 Yonge
Street (Yonge-Eglinton Centre), where multiple first and third party signs are displayed
at the first three storeys, in relation to the shopping mall located at the premises. There
are first party signs at the upper-most storey, however as the building exceeds 10
storeys, the signs are permitted by the Sign Bylaw. Otherwise, there are no other first
party wall signs displaying a logo or corporate symbol displayed in a similar manner to
the proposed signs within the immediate area.
As such, the Proposed Signs are not compatible with the Premises or surrounding area.
Section/Criteria Description: §694-30A(4) - The Proposed Sign supports Official
Plan objectives for the property and surrounding area
Yes, this criteria has been established because the Official Plan designates the subject
premise as a Mixed Use Area, which incorporate commercial, residential, institutional
and open space uses. The Proposed Signs are intended to identify the business located
at the Premises. It has been established that the Proposed Signs are not contrary to the
Official Plan objectives for the Premises.
Section/Criteria Description: 694-30A(5) - The Proposed Sign does not adversely
affect adjacent premises
No, this criteria has not been established, as the Appellant has not provided sufficient
information to demonstrate that the Proposed Sign would not adversely affect adjacent
premises.
There is a new mixed-use development to the north comprised of two residential towers,
64 and 44 storeys in height, connected by a three-storey podium containing retail and
office uses. The proposed wall sign, located on the eighth storey of the north elevation,
could impact the residential units located above the third storey of retail and office suites
at 2263 Yonge Street, located directly across the street.
On January 28, 2014, the Sign Variance Committee amended the recommendations of
staff and granted variances, with conditions, for two third party electronic wall signs at
the Yonge-Eglinton Centre (See Item SB25.2). The variances were granted with the
condition that the signs be designed so that any light projecting from the signs would not
exceed an angle of 15 degrees above the horizontal plane drawn from the highest point
of each sign face. This condition was imposed to minimize any negative affect the sign
may have on the residential units across the street at 2263 Yonge Street.
As such, staff is recommending refusal of the Proposed Signs, because there is
evidence to suggest the Proposed Signs may adversely affect the adjacent premises.
Furthermore, the Appellant has not provided enough information to demonstrate that
this criteria has been established.
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Section/Criteria Description: 694-30A(6) - The Proposed Sign does not adversely
affect public safety, including traffic and pedestrian safety
Yes, this criteria has been established. There does not appear to be any issues
pertaining to public safety, provided that the Proposed Signs are professionally
designed and installed in accordance with the requirements of the Ontario Building
Code.
Section/Criteria Description: 694-30A(7) - The Proposed Sign is not a sign
prohibited by §694-15B
Yes, this criteria has been established as the Proposed Signs are not prohibited by the
Sign By-law.
Section/Criteria Description: 694-30A(8) - The Proposed Sign does not alter the
character of the premises or surrounding area
No, this criteria has not been established. There are alternative locations on the building
for the Proposed Signs that would maintain the character of the premises and
surrounding area. There appears to be sufficient space along the first or second storey
of the building, which has similar wall space as the upper-most storey to display the
Proposed Signs. Installing the Proposed Signs at the first or second storey may comply
with the Sign By-law provisions for wall signs in the CR-Commercial Residential Sign
District.
As such, staff recommends the Sign Variance Committee refuse the appeal as there is
evidence to suggest the Proposed Signs will alter the character, and would not be
compatible with the development of the Premises or surrounding area.
Section/Criteria Description: 694-30A(9): The Proposed Sign is not contrary to the
public interest
Yes, this criteria has been established because staff have not received any
correspondence from the public opposing the Proposed Signs. Therefore, it appears
that the Proposed Signs are not contrary to the public interest.
Conclusion
Based on the rationale and materials submitted, and on the review of the proposal, it
has been determined that the Proposed Signs do not meet all nine of the established
criteria. The Appellant did not provide enough information to demonstrate that the
Proposed Signs are compatible with the Premises and the surrounding area, will not
adversely affect adjacent premises or establish that the Proposed Signs will also not
alter the character of the Premises and surrounding area.
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As such, it is recommended that the Sign Variance Committee refuse to grant the
requested variances from the Sign By-law required for the Proposed Signs.
CONTACT
Ryan McLeod
Sign Building Code Examiner Inspector, Sign By-law Unit
E-mail: Ryan,McLeod@toronto.ca, Tel: 416-392-4229
Robert Bader
Supervisor, Tax, Variance & Permits, Sign By-law Unit
E-mail: Robert.Bader@toronto.ca, Tel: 416-392-4113
SIGNATURE
Ted Van Vliet
Manager, Sign By-law Unit
ATTACHMENTS
Attachment 1 - Description of Signs and Required Variances
Attachment 2 - Applicant's Submission Package
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ATTACHMENT 1: DESCRIPTION OF SIGNS AND REQUIRED VARIANCES
Description of Proposed Wall Signs Displaying a Logo or Corporate Symbol:
Two first party wall signs displaying a logo or corporate symbol identifying a business
located at the premises municipally known as 1 Eglinton Street East, containing the
following:







Erected and displayed at the uppermost storey of the eight storey office building
on the premises;
Displayed as channel letters;
Having a horizontal measurement of 5.4 metres;
Having a vertical measurement of 1.27 metres;
Illuminated;
Displaying static copy; and
Each oriented in a northerly and westerly direction; each on the northerly and
westerly elevation.
Figure 1: Rendering of the Proposed Wall
Sign on the North Elevation
Figure 2: Rendering of the Proposed
Wall Sign on the West Elevation
Required Variances:
In a CR-Commercial Residential Sign District, a wall sign displaying the logo or
corporate symbol of a business located on the premises is permitted provided the sign
shall only be erected on an office building containing 10 or more storeys, whereas each
of the two proposed wall signs is to be located on the upper-most storey of an eight
storey office building.
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ATTACHMENT 2: APPLICANT'S SUBMISSION PACKAGE
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