Request for a Variance from Sign By-law No. 64-87
of the former Borough of East York submitted by Burger King
at 62-66 Overlea Boulevard
The East York Community Council recommends:
(1)approval of a variance to former Borough of East York Sign By-law No. 64-87, as amended, to allow the
installation of a pylon sign for the exclusive use of Burger King at 62-66 Overlea Boulevard not to exceed
20.55 square metres (221.34 square feet) in size nor shall the sign exceed 6.0 metres in height;
(2)that one pylon sign be situated on the property at 62-66 Overlea Boulevard; and
(3)that the following report (June 10, 1998) of the Commissioner of Development Services, East York, be
received:
Purpose:
To report to the June 24, 1998 East York Community Council regarding a request to allow the installation of one
pylon sign for the exclusive use of Burger King on the above property.
Financial Implications:
There are no financial implications.
Recommendations:
It is recommended that the request to install the proposed pylon sign for the exclusive use of Burger King, at 62-66
Overlea Boulevard, 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 Sign By-Law No. 64-87, as amended, presently in force in the Community of East York in the City of Toronto,
regulates signage for properties and buildings in accordance with the zoning designation of the areas where the
properties are located and further in accordance with the specific use of the buildings on the properties.
The property on which the Burger King building is situated is within an area designated "Business Centre Zone
"BC", in Zoning By-law No.1916.
The Sign By-law regulates signage in this area in Section 4.2. titled "Commercial Zones" and specifically
subsection 4.2.1.c), which deals with plazas.
A "Plaza", for the purposes of this by-law, is a group of commercial establishments, whether or not under one
ownership, having a common parking area and where the individual establishments are accessed directly from the
exterior of the building.
The property at 62-66 Overlea Boulevard is proposed to have three buildings when fully developed. One building is
for Burger King, one for Country Style Donuts and one for multiple tenants. The property has a common parking
area and the individual establishments are accessed from the exterior of the buildings. The development, therefore,
is a plaza.
Under subsection 4.2.1.(c), the following regulations apply for plazas:
a) One pylon sign for the whole plaza may be erected in the front or side yards, a minimum of 0.45 metres ( 1'-6")
from any street line;
b) the aggregate area of the sign may not exceed 12.0 square metres (129.17 square feet); and
c) the height of the sign may not exceed 6.0 metres (19.68 feet).
The applicant is proposing to erect one pylon sign, facing Overlea Boulevard. This sign, as indicated by the owner
of the property, Orfus Realty, in a letter received June 7, 1998, will be used exclusively by Burger King. The
property owner has also forwarded to us another letter, dated May 22, 1998, requesting advice as to whether the
City will allow or not the installation of a second pylon sign for the use of all the remaining tenants in this plaza.
On the basis of the submitted documents, staff have summarized the items which are not in compliance with the
requirements of the Sign By-law:
a)the Sign By-law allows one pylon sign for the whole plaza and not for the exclusive use of one tenant;
b)one pylon sign is applied for, but there is indication, in the owner's second letter, that permission will be sought
in the future to install a second pylon sign on the property for the use of the remaining tenants. This is
contradictory;
c)the overall height of the proposed sign is 7.62 metres (25.00 feet), which exceeds by 1.62 metres (5.32 feet) the
permitted height of 6.0 metres (19.68 feet);
d)the aggregate area of the proposed sign is 20.55 square feet (221.34 square feet), which exceeds by 8.85 square
metres (92.03 square feet) the permitted area of 12.0 square metres (129.17 square feet).
Conclusion:
Staff are of the opinion that this request for variance from the Sign By-law requirements is not consistent, is not
minor and as such does not maintain the general intent of the Sign By-law. Staff do not support the requested
variance.
Contact Name:
Iraklis (Eric) Tsotsos, Manager,
Plan Review, (416) 778-2239.
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Mr. Jeff Weinman, Burger King Restaurants of Canada Inc., Etobicoke, appeared before the East York Community
Council in connection with the foregoing.
(Copies of three maps attached hereto, is on file in the office of the City Clerk.)
