April 14, 1998

 To:East York Community Council

 From:Rick Tomaszewicz

Commissioner of Development Services Department

 Subject:Request for Variance from Sign By-law requirements, by A & P stores, for the AFood Basics store, at 1070 Pape Avenue, East York, Ward 1.

 Purpose:

 To report to the May 6, 1998 East York Community Council regarding a request to allow the installation of facial and directional signs for the AFood Basics@ store, at 1070 Pape Avenue, with larger dimensions and sign areas than what is permitted in the East York Community Sign By-law No. 64-87 as amended.

 Financial Implications:

 There are no financial implications.

 Recommendations:

 It is recommended that the request to install facial and directional signs for the AFood Basics@ store, at 1070 Pape Avenue, with larger dimensions and sign areas than what is permitted in the East York Community Sign By-law, be denied.

 Background:

 The Municipal Act authorizes Council to pass By-laws for prohibiting or regulating signs and advertising devices. The Act also authorizes Council to grant minor variances from the by-laws where such variances, in the opinion of Council, would maintain the general intent of the by-law.

 Discussion:

 The request for variance arises because the present Sign By-law allows for free standing commercial establishments:

   a)One (1) facial or canopy sign for each face of wall exposed to and abutting a street, parking area or a permanent open space in front or side yard provided the height of signs is not greater than 1.0 or 1.2 metres, respectively.

1. One(1) non-illuminated facial sign erected on the rear wall, where the building is accessed by a private or public lane, provided the sign area does not exceed 0.8 square metres.

c)Directional signs in parking areas and driveways provided no sign is closer to a street line than 0.46 metres, does not exceed 2.0 metres in height and has a total area not exceeding 0.3 metres square.

 The applicant has installed, prior to obtaining a sign permit, the following signs:

1. A facial sign ( Gino=s Food Basics), facing Pape Avenue, with a height of 2.89 metres (9'-6:) and a width of 6.6 metres (21'-8");
2. a second facial sign (Best Prices Everyday!!!), facing Pape Avenue, with a height of 0.53 metres (1'-9");
3. a third facial sign (customers= parking), facing Pape Avenue, with a height of 1.2 metres (4'-0") and a length of 2.74 metres (9'-0");
4. a facial sign ( Food Basics, Best Prices Everyday!!!), facing Gamble Avenue, with a height of 2.13 metres (7'-0") and a length of 16.3 metres (53'-6");
5. a second facial sign ( for customer parking), facing Gamble Avenue, with a height of 0.90 metres (3"-0") and a width of 4.26 metres (14'-0");
6. a facial sign, ( indicating maximum height at underground parking entrance), facing Gamble Avenue, with height of 0.30 metres (1'-0) and a length of 3.65 metres (12'-0"); and
7. a ground sign (directional) at the rear of the property with an aggregate area of 6.32 square metres and an overall height of 3.18 metres.

 Staff's comments on the above signs in relation to requirements of the Sign By-law are as follows:

1. The facial sign under item (a) above, is not permitted; it is larger than the sign by-law variance for a 12'-6" high x 8'-6" wide facial sign granted by the previous Council of the Borough of East York, on February 18, 1991;
2. the facial sign under item (b) above, is in compliance with Council=s decision of February 18, 1991, therefore, no variance is required;
3. the facial (directional) sign under item (c) above, is not in compliance with the Sign By-law; it has an area of 3.29 square metres which is much greater than the permitted area of 0.3 square metres; it would also be the third facial sign on the same wall, while only two are permitted;
4. the facial sign under item (d) above, is not in compliance with the Sign by-Law; it has a height of 2.13 metres (7'-0") which is much greater than the permitted height of 1.0 metre

(3'-3");

1. the facial (directional) sign under item (e) above, is not in compliance with the Sign by-Baw; as directional sign is greater in area than the permitted 0.3 square metres and as facial sign is not permitted at all being the second facial sign on the same wall;

1. the facial (directional) sign under (f) above, is not in compliance with the sign by-law; it has an area of 1.11 square metres which is much greater than the permitted 0.3 square metres; and,
2. the ground sign, under item (g) above, is not in compliance with the sign by-law; a ground sign is not permitted in commercial buildings located in a commercial strip, as the one on Pape Avenue.

 Staff is of the opinion that the above signs are likely to be objectionable to the neighbours, or create an adverse effect on the signage of the area. The signs (except one facial sign) are either not permitted at all by the Sign By-law, as stated above, or have much greater dimensions or much larger sign areas.

 Staff is of the opinion that the requested variances are not minor and do not maintain the general intent of the By-law. Due to the magnitude of the request, may not be dealt with as a minor variance from the Sign By-law requirements. If the Community Council wishes to permit these signs, it may be way of a site specific Sign By-law amendment for the property at 1070 Pape Avenue.

 Conclusion:

 For all reasons stated above staff is of the opinion that the requested variances be denied.

 Contact Name:

 Iraklis (Eric) Tsotsos, Manager of Plan Review, at (416) 778-2239.

 RICK TOMASZEWICZ,

Commissioner, Development Services Department