Request for a Variance from Sign By-law No. 64-87 of the former

Borough of East York submitted by Steel Art Signs, for the

Burger King located at 3003 Danforth Avenue

The East York Community Council recommends:

(1)approval of a variance from the former Borough of East York Sign By-law No. 64-87 to permit the installation of the following:

(a)two (2) square signs, having sides of 0.9 metres (3'-0") identified as sign No. 2 on the wall elevation drawing;

(b)one (1) sign having an overall length of 4.57 metres (15'-0") and a height of 0.68 metres (2'-3"), identified as sign No. 4 on the wall elevation drawing;

(c)one (1) second sign, over the entrance to the restaurant, having on overall length of 3.65 metres (12'-0") and a height of 1.5 metres (5'-0"), identified as sign No.5 on the wall elevation drawing;

(d)one (1) canopy, with no wording, over the pick-up window, having an overall length of 3.6 metres (12'-0") and a height of 1.5 metres (5'-0"), identified as sign No. 7 on the wall elevation drawing;

(e)one (1) pre-menu board sign, having an overall height of 1.39 metres (4'-7") and an aggregate area of 0.63 square metres (6.78 square feet) identified as sign No.8 on the site plan;

(f)one (1) menu board sign, having an overall height of 2.10 metres (6'-11") and an aggregate area of 2.38 square metres (25.64 square feet), identified as sign No.9 on the site plan; and

(g)three (3) directional signs: one (1) at the parking area nearest to the BurgerKing restaurant; one (1) at the drive thru-entrance; and one (1) at the drive-thru exit, identified as sign No. 10 on the site plan;

(2)that the appropriate Sign By-law Amendment be forwarded to City Council; and

(3)that the appropriate City Official be authorized and directed to take the necessary action to give effect thereto:

Purpose:

The applicant proposes to install facial signs, projecting signs, menu board signs and directional signs, which are not in compliance with the Sign By-law of the Community of East York. The proposed signs are for the new Burger King restaurant on Danforth Avenue at Victoria Park Avenue.

Financial Implications:

There are no financial implications.

Recommendations:

It is recommended that:

(1)Council deny the variance from the Sign By-law requirements to permit the installation of five (5) facial signs, two (2) projecting signs, two (2) menu board signs and four (4) directional signs, which are not permitted, or are in excess of what is permitted in the Sign By-law, for Burger King at 3003 Danforth Avenue;

(2)If Council wishes to permit the proposed signs, to do so by way of adopting a Site Specific Sign By-law amendment for Burger King restaurant at 3003 Danforth Avenue; and

(3)The appropriate City Officials be authorized and directed to take the necessary action to give effect thereto;.

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-law where such variances, in the opinion of Council, would maintain the general intent of the by-law.

Comments:

The Sign By-law allows signs for buildings in accordance with the zoning designation of the area where the buildings are located and in accordance with the type of the occupancy of the buildings.

The Burger King restaurant is located in the Shoppers World Plaza in an area designated as Commercial zone. The Sign By-law for the Community of East York allows, for commercial plazas or shopping centres, the following signs:

1.One (1) facial sign for each occupant, except that a maximum of two (2) facial signs are allowed where a unit has more than one facades exposed to and abutting a street or parking area in a front or side yard, provided the height of each facial sign does not exceed 1.2 metres.

2.One (1) pylon or ground sign for the property located in the front or side yard.

3.One (1) non-illuminated facial sign for each occupant on the rear wall provided the sign does not exceed 0.3 square metres.

4.Directional signs in parking areas and driveways provided that the signs are not closer than 0.46 metres to a street line, does not exceed 2 metres in height and has a maximum total sign area of 0.3 square metres.

The applicant is proposing to install the following signs, which are not in compliance with the requirements of the Sign By-law. The nature and extent of non-compliance is stated after each of the proposed signs.

a. Facial Signs:

On the North Elevation, facing Danforth Avenue, in addition to a permitted facial sign, for which a permit was issued October 22, 1998.

a)One (1) square sign, a Burger King logo, having sides of 0.9 metres (3'-0"), identified as sign # 1 on the attached wall elevation drawing. This sign will increase the number of facial signs on the wall to more than one, which is not allowed, as stated in Comments, item 1 above; and

b)four (4) square signs, of same size as the sign in item (a) above, arranged in two groups of two signs each, in a "V" shape and identified as sign # 2 and sign # 3 on the attached wall elevation drawing. The signs will be installed on the canopy of the building and will project about 0.76 metres (2'-6") from the face of the canopy.

This type of sign is not included as a permitted sign in the Sign By-law, as stated in Comments, items 1 to 4, above.

On the South Elevation (facing the parking lot):

a) One (1) sign having an overall length of 4.57 metres (15'-0") and a height of 0.68 metres (2'-3"), identified as sign # 4 on the attached wall elevation drawing. This type of sign is not included as a permitted sign in the Sign By-law, as stated in Comments, item 1 and item 3 above; and

b) one (1) second sign, over the entrance to the restaurant, having an overall length of 3.65 metres (12'-0") and a height of 1.5 metres (5'-0"), identified as sign # 5 on the attached wall elevation drawing. This type of sign is not included as a permitted sign in the Sign By-law, as stated in Comments, item 1 and item 3 above.

On the East Elevation, facing Victoria Park Avenue, in addition to a permitted facial sign, for which a permit was issued October 22, 1998:

a) One (1) square sign, a Burger King logo, having sides of 1.8 metres (6'-0"), identified as sign # 6 on the attached wall elevation drawing. This sign will increase the number of facial signs on the wall to more than one, which is not allowed, as stated in Comments, item 1 above; and

b)one (1) sign, over the pick-up window, having an overall length of 3.6 metres (12'-0") and a height of 1.5 metres (5'-0"), identified as sign # 7 on the attached wall elevation drawing. This sign will increase the number of facial signs on the wall to more than one, which is not allowed, as stated in Comments, item 1 above.

2.Other signs:

a) One (1) pre-menu-board sign, having an overall height of 1.39 metres (4'-7") and an aggregate area of 0.63 square metres ( 6.78 square feet), identified as sign # 8 on the attached site plan. This type of sign is not included as a permitted sign in the Sign By-law, as stated in Comments, item 2 above;

b)one (1) menu board sign, having an overall height of 2.10 metres (6'-11") and an aggregate area of 2.38 square metres (25.64 square feet), identified as sign # 9 on the attached site plan. This type of sign is not included as a permitted sign in the Sign By-law, as stated in Comments, item 2 above; and

c)four(4) directional signs: One at the Victoria Park Avenue entrance to the parking lot; one at the parking area nearest to the Burger King restaurant; one at the drive thru entrance; and one at drive thru exit, identified as sign # 10 on the attached site plan. These signs have an overall height of 1.67 metres (5'-6") and an aggregate area of 0.84 square metres (9.0 square feet). Directional signs are permitted in the Sign By-law, but these signs will have an aggregate area 1.8 times or 180% larger than what is permitted in the Sign By-law, as stated in Comments, item 4 above.

Conclusion:

Staff is of the opinion that the request for variance to install the signs described above for BurgerKing restaurant at 3003 Danforth Avenue, be denied. The type and number of the signs are over and above of what is permitted by the Sign By-law and are beyond the parameters for minor variances from the Sign By-law requirements. If Council wishes to allow these variances, it may do so by way of a Site Specific Sign By-law amendment.

Contact Name and Telephone Number:

Iraklis (Eric) Tsotsos

967-4482

The East York Community Council also submits the following communication (November10,1998) from Mr. Ryan Gaul, Steel Art Signs, Markham:

"The following letter, is a request for relief from the East York By-law, for the above location. The proposed signage does not comply with your By-law. Here are a number reasons why our request for relief, should be supported.

According to your By-law, a commercial building, in this case a Burger King restaurant, is only allowed one fascia sign per elevation that is facing a street. We are proposing more than one sign on elevations that face both Victoria Park and Danforth Ave. This Burger King restaurant is located exactly at the intersection of Victoria Park and Danforth in the new Shoppers World commercial plaza parking lot. We feel that the signs on the elevation that face the plaza's parking lot are important because they are meant to catch the eye of the shoppers.

Another important reason why Burger King requests additional signage is because East York had refused them in having there own pylon sign. As everyone knows a pylon sign is very important for people to see the business from a distance away. People who are south on Victoria Park from the intersection cannot identify the restaurant if the signs on the elevations that face the parking lot were not there. That is why we are proposing as well two V-shaped Burger King logos on the Danforth elevation to help identify the restaurant for people who are west on Danforth Avenue from the intersection. These V-shaped signs protrude slightly to make up for the disallowed pylon sign.

It is standard for a Burger King restaurant to have a drive-thru. A drive-thru area includes two directional signs (enter and exit), a ore-menu board and the main menu board with speaker. The pre-menu board is as important as the main menu board because it helps the customer decide what he or she would like to order before arriving at the main menu board with speaker and this helps cutdown the traffic by keeping the cars moving.

We are proposing four 3'-0"x1'-6"x5'-6" high directional signage. These directional signs are a Burger King national standard and wish not be revised. And as small as they are, the sign heads are over sized, according to East York's By-law. It is quite important to have directional signage especially in this case, where the restaurant is located in a commercial plaza parking lot and the traffic can be heavy at times.

Once again, I am requesting for your support to our proposals at your future council committee meeting. Please notify is we need to provide delegatio. If you have any questions please ask and keep me informed of the progress.

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Mr. Jeff Weinman, Steel Art Signs, Markham, appeared before the East York Community Council in connection with the foregoing.