199 Richmond Street West: Encroaching, Illegal.
We last took a look at Titan Outdoor’s illegal vinyl sign on the easterly elevation of 199 Richmond Street West in Contempt of City Council: 199 Richmond Street West where we showed you that Titan Outdoor has operated the sign for the past 10 years despite the fact that City Council rejected the variance for the sign in 1998.
Today we audit the by-law enforcement file for this sign. In December 1994, Cieslok Outdoor obtained permit 94-368655 for a 250 square metre painted mural at this location. But before that permit was issued, Cieslok painted a sign on this wall without a permit.
On December 2, 1994 Building Inspector D. Guerrard issued an Order to Comply for what was a painted sign on this wall. Here is the inspection record for permit 94-368655:
The inspector writes: “This application is the result of an OTC issued on 94/12/02 for work w/o permit.” Guerrard cleared permit 94-368655 in early 1995, so we know a mural was painted at this location back then. We also know there is some old paint on this wall.
In summer 1998, Cieslok Outdoor applied for this variance to “maintain” a vinyl fascia sign at this location. So we know that by 1998 there was illegal vinyl fascia sign on this wall.
After that variance was rejected, Cieslok continued to operate an illegal fascia sign. On January 18, 2006, Municipal Standards Officer Anthony Bartolo took this photograph of Titan’s illuminated fascia sign:
On the same day, Officer Bartolo determined the sign that City Council rejected was legal by relying upon “permit 99-013101:”
Permit 99-013101 (422197 in the old computer system) is a permit application for a 64 square metre first party fascia sign which was never issued by the Buildings Department. That application for a first party sign was made after City Council rejected the variance for the third party sign; the first party permit was rejected on account of size. According to this letter from architect Don Bielesch, who drew the diagrams for the first party application, the lights on Titan’s sign encroach the abutting property owner:
The illumination is back.
On March 1, 2007, a Notice of Violation was issued against this sign. On April 13, 2007, charges were laid against the sign. On December 18, 2007, Titan Outdoor sued the City of Toronto claiming that permit 368655 allowed it to operate a third party vinyl sign.
