J(14) NOTICE OF MOTION

Approval of Variances from Chapter 297, Signs – Sobey’s Grocery Store, 77 St. Clair Avenue East

Moved by: Councillor Walker

Seconded by: Councillor Rae

“WHEREAS the closing of the Store location at 77 St. Clair Avenue East has caused major inconvenience to the many residents and, in particular, the seniors citizens that live in the vicinity of the intersection of Yonge Street and St. Clair Avenue; and

WHEREAS a new Sobey’s store has leased, renovated and expanded this store and it is scheduled to open to the public on May 7, 2003; and

WHEREAS a delay in the adoption of the report from Urban Development Services, which recommends approval will cause hardship to the owners of this highly desired new grocery store;

NOW THEREFORE BE IT RESOLVED THAT City Council consider the attached report dated April 9, 2003, from the Commissioner of Urban Development Services, entitled ‘Request for Approval of Variances from Chapter 297, Signs, of the former City of Toronto Municipal Code to Permit, for Identification Purposes, Seven Illuminated Fascia Signs at 77 St. Clair Avenue East’, and such report be adopted;

AND BE IT FURTHER RESOLVED THAT the necessary provisions of Chapter 27 of the City of Toronto Municipal Code be waived to permit introduction and debate of this Notice of Motion at the meeting of Council to be held on April 14, 15 and 16, 2003.”

April 14, 2003

Attachment. 2

According to Chapter 27 of the Municipal Code, the foregoing Notice of Motion:

Notice was previously given Meets Municipal Code provisions and only requires a simple majority to introduce and debate Requires two-thirds to waive notice (√) Requires two-thirds to re-open Fiscal Impact Statement provided * Should have Fiscal Impact Statement prior to debate * Requires two-thirds to waive requirement if Council wishes to debate Should be referred to the Midtown Community Council (√) Requires two-thirds to waive referral if Council wishes to debate Recommendations are time sensitive (√)

* Chief Financial Officer and Treasurer to advise. STAFF REPORT

April 9, 2003

To: City Council

From: Commissioner of Urban Development Services

Subject: Request for approval of variances from Chapter 297, Signs, of the former City of Toronto Municipal Code to permit, for identification purposes, seven illuminated fascia signs at 77 St. Clair Avenue East 903018, 03-112958 St. Paul’s, Ward 22

Purpose:

To respond to a request from Councillor Walker to review and make recommendations on a request by Paul Pignataro with Inc. on behalf of Azuria Group for approval of variances from Chapter 297, Signs, of the former City of Toronto Municipal Code to permit, for identification purposes, seven illuminated fascia signs at the above noted location.

Financial Implications and Impact Statement:

There are no financial implications resulting from the adoption of this report.

Recommendations:

It is recommended that:

(1) the request for variances to permit, for identification purposes, seven illuminated fascia signs at 77 St. Clair Avenue East be approved on condition that the signs be dimmed between the hours of 11:00 p.m. to 7:00 a.m. by means of an automated dimming device; and

(2) the applicant be advised, upon approval of the variances, of the requirement to obtain the necessary sign permits from the Commissioner of Urban Development Services.

Background:

The property is located east of Yonge Street on the south side of St. Clair Avenue East. The property is zoned CR and is occupied by a mixed commercial-residential building. Sobeys Ontario Inc. has taken over the ground floor retail space that was previously occupied by a - 2 -

Dominion Store. Sobeys Ontario Inc. is requesting permission to erect seven illuminated fascia signs for identification purposes. The proposed signs are shown on Attachments 1 to 3 and have the following dimensions:

Fascia Sign No. Width Height Sign Area

1. 4.03m 1.42m 5.74m2 2. 2.29m 1.14m 2.62m2 3. 6.10m 2.31m 13.00m2 4. 2.29m 1.14m 2.62m2 5. 4.06m 1.42m 5.78m2 6. 2.70m 0.61m 1.64m2 7. 2.70m 0.91m 2.46m2

Comments:

The signs do not comply with Chapter 297, Signs, of the former City of Toronto Municipal Code in the in the following ways:

Sign By-law Section and Requirements Applicant’s Proposal Required Variance (1) Chapter 297-11 The area of the proposed fascia The area of these proposed 297-9D (2) (a) signs is as follows: signs would exceed the maximum 2.5m2 sign area Sign #1 has an area of 5.74m2; permitted for a fascia sign. Sign # 2 has an area of 2.62m2; Sign # 3 has an area of 13.00m2; Sign # 4 has an area of 2.62m2; Sign # 5 has an area of 5.78m2; (2) Chapter 297-11AA(2)(b) The height of the proposed signs Signs consisting of letters is as follows: exceeding a vertical dimension of 0.5m are not Sign # 1 is 1.42m; permitted. Sign # 2 is 1.14m; Sign # 3 is 2.31m; Sign # 4 is 1.14m; Sign # 5 is 1.42m; Sign # 6 is 0.61m; Sign # 7 is 0.91m - 3 -

(3) Chapter 297-11AA(2)(e) Sign 1 and 2 would be located on Signs erected or displayed the west elevation; signs 3 and 4 other than on the front wall would be located on the front of a building are not (north) elevation; sign 5 would be permitted. located on the east elevation and signs 6 and 7 would be located on (Signs 1, 2, 5, 6 and 7 are the rear (south) elevation of the not located on the front wall building. of the building)

The Yonge – St. Clair Part II Plan directs that signage should contribute to the attractiveness of the area. In this instance, although the proposed signs do not meet the Municipal Code requirement, these modest size signs are designed to complement the building façade and they would contribute to an attractive streetscape. The proposed signs are both distinctive and proportionally representative of the corporate identification signage erected along this part of St. Clair Avenue East.

Since the store would remain open 24 hours a day, the signs would also remain lit all the time. During discussions with the applicant, planning staff raised their concern about the possible negative impact of illuminated signs between 11:00 p.m. and 7:00 a.m. on the nearby residential uses. In order to mitigate concerns about the possible impact of illuminated signs, planning staff have required that the applicant dim the signs to an acceptable level between 11:00 p.m. and 7:00 a.m. by means of an automated dimming device. With this condition, staff finds the proposed signage acceptable.

Conclusions:

Staff is recommending approval of this application as staff finds the requested variances to be minor and within the general intent and purpose of the sign provisions of the Municipal Code.

Contact:

Norm Girdhar, Assistant Planner, South District Telephone: 416-392-7209 Fax: 416-392-1330 E-mail: [email protected]

Paul J. Bedford Paula M. Dill Chief Planner and Executive Director Commissioner City Planning Division Urban Development Services

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Applicant’s Information:

Paul Pignataro Sobeys Ontario Inc. 6355 Viscount Road , Ontario, L4V 1W2

Telephone: 905-671-5356

Fax: 905-671-5130

List of Attachments:

Attachment 1: Site Plan Attachment 2: Sign Details Attachment 3: Sign Details Attachment 4: Section Views Attachment 5: South Elevation & Section View Attachment 2: South Elevation & Section View