September 14, 1998

TORONTO

To:Toronto Community Council

Origin:Director of Development and Support, Toronto Parks and Recreation,

Economic Development, Culture & Tourism - Toronto City Hall

Subject:204 - 212 and 220 Eglinton Avenue East, Toronto -

Application to Remove Two Trees Situated on Private Property (North Toronto)

Purpose:

An application has been filed under the provisions of City of Toronto Municipal Code, Chapter 331, Trees, Article III, for a permit to remove two trees situated on private property in order to facilitate the construction of a residential condominium apartment building with an underground parking structure on the properties 204 - 212 Eglinton Avenue East, Toronto.

Recommendations:

That if Toronto Community Council approves the request for the removal of two trees indicated in this report, that such approval be conditional on:

1.the trees in question not being removed until permitted construction and/or demolition related activities in accordance with plans approved under Site Plan Application No. 397135 commence which warrant the destruction of the trees;

2.the applicant planting all plant material, in accordance with the landscape plan prepared by Marius Ois, date stamped as received on March 23, 1998 by Urban Planning & Development Services, and on file with the Commissioner of Urban Planning & Development Services.

Comments:

I have received a request from Mr. Isaac Meisels of Cartier Place Apartments Ltd., 880 Ellesmere Road, Scarborough, Ontario, M1P 2W6, the owner of 204 - 212 Eglinton Avenue East, that the City consider the removal of two trees situated on private property.

One of the two trees which is the subject of this application is situated on the adjacent private property of 220 Eglinton Avenue East in close proximity to the property line of 212 Eglinton Avenue East. Given that extensive excavation must take place along the property line of 212 and 220 Eglinton Avenue East in order to facilitate the construction of an underground parking structure which is proposed as part of the subject development, the tree in question must be removed due to the impact on the root system of the tree.

The owner of the adjacent property, 220 Eglinton Avenue East, has not authorized the removal of the tree from that property given that Toronto City Council at its meeting of July 29, 30 and 31, 1998 amended City of Toronto Municipal Code, Chapter 331, Trees, Article III to exempt development applications approved prior to August 21, 1997 from the consent requirement of the by-law. It was on August 21, 1997 that the former Toronto City Council amended Chapter 331, Article III to require that adjacent property owners provide written consent when a permit application to injure or destroy trees on private property is filed to the City for a tree which an adjacent property owner either partial or solely owns. As such, a property owner may now apply for the injury or destruction of a tree on a property which they do not own if approval has been received for a development application prior to August 21, 1997.

In this circumstance, the owner of 204 -212 Eglinton Avenue East received approval from the Committee of Adjustment for a minor variance to permit the proposed development on June 4, 1997.

The request to destroy the two trees in question forms part of Site Plan Approval Application No. 397135 for the purpose of facilitating the construction of a residential condominium apartment building with an underground parking structure on the properties 204 - 212 Eglinton Avenue East.

As required under Section 331-13.B. of Municipal Code Chapter 331, Trees, Article III, a 'Notice' of application sign was posted on the property for the minimum 14 day posting period. At the time of writing this report, three (3) letters were received in response to the notice of application to remove the trees in question which includes a petition signed by twenty-nine (29) individuals.

The two trees in question are as follows:

1.33 cm diameter White (American) Elm in fair condition

This tree is situated on the adjacent private property of 220 Eglinton Avenue East;

2.46 cm diameter Tree-of-Heaven in fair condition

This tree is situated on the private property of 212 Eglinton Avenue East.

Both trees require a permit and the consent of City Council to remove or injure.

The proposed development in its present form precludes the retention of the two trees proposed for removal due to the size and scale of the development.

The landscape plan which was filed with the subject development application indicates the planting of four ornamental pear trees on the Eglinton Avenue East City road allowance of the development site.

Should the Toronto Community Council recommend that the request to remove the trees in question be approved, such approval should meet the conditions outlined above in my recommendation.

Contact Name:Gary R. Le Blanc

Telephone:(416) 392-0494

Facsimile:(416) 392-6657

E-mail:gleblanc@city.toronto.on.ca

(Original signed by RU for SR) TF

Susan Richardson

Director of Development and Support, Toronto Parks and Recreation,

Economic Development, Culture & Tourism - Toronto City Hall

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