Sunday, August 17th, 2008 ::: Encroachment

590 College Street is an interesting situation.

We’ve covered the issue of encroachment before, most notably in Fred Dominelli Acts Quickly to Have Trespassing Strategic Media Sign Removed From His Property. We’ve also written about 590 College Street before, most recently in Annex Gleaner Covers 590 College Street Variance where we noted that Titan Outdoor obtained variances from Toronto and East York Community Council to keep their illegal sign on this wall.

The Annex Gleaner article on the variance application quotes Paul Mastrangelo, the owner of the Cafe Diplomatico:

Paul Mastrangelo owns Cafe Diplomatico, which neighbours the sign, and he said it adds a positive visual element to the corner. “For me, sometimes they put nice signs. It’s nice to see at night; it adds life to the street.” Gesturing to the billboard perched atop a building on the opposite corner, he pointed out, “Look - there’s a big sign that way, and they’ve got no worries.”

Well it appears that now Mr. Mastrangelo is the one causing Titan Outdoor worries. After that variance was granted, Titan Outdoor duly applied for a permit to keep the sign. The sign now complied with the signs by-law because of the decision of Community Council, but Titan’s permit application was still rejected. Look at the rejection stamp dated May 12, 2008, on the permit application:

A month and a half before the permit application was officially refused, the City sent Titan this letter, informing Titan that it needed to produce the required encroachment specifications by April 27, 2008.

The October 23, 2006, notice that is referred to in the March 28, 2008, letter is this notice, which notes that an encroachment agreement is required. All the other requirements of the October 26, 2006, notice have been met by way of the variance application. An examination of Zoning Examiner Teresa Orlando’s notes indicate that she is waiting on an encroachment agreement with “592 College Street,” Cafe Diplomatico.

Titan Outdoor was able to obtain a mural permit for this location, as a painted mural is considered part of the wall and does not encroach the abutter, but that permit has now been revoked for non-construction. Unfortunately, when the Annex Gleaner was interviewing people in the neighbourhood regarding their feelings about the sign, they picked somebody with a vested financial interest in Titan’s billboard. Two questions remain. One, why is Jorg Cieslok of Titan Outdoor so stingy with the property owners? Two, why hasn’t a sophisticated and responsible property owner like Cafe Diplomatico pressed its advantage like Fred Dominelli?

The fair market value of Cafe Diplomatico’s encroachment rights is about $15,000/year, since they have a complete veto over the sign.