Tree Removal - 204 - 212 and 220 Eglinton Avenue East
(North Toronto)
The Toronto Community Council recommends that City Council approve the request
for the removal of two trees located at 204-212 and 220 Eglinton Avenue East,
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; and
(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.
The Toronto Community Council submits the following report (September 1, 1998)
from the Director of Development and Support, Toronto Parks and Recreation,
Economic Development, Culture and Tourism, Toronto City Hall:
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
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The Toronto Community Council reports, for the information of Council, having also had
before it during consideration of the foregoing matter, the following communications, and a
copy thereof is on file in the office of the City Clerk:
-(September 15, 1998) from Ms. Kimberly L. Beckman, Davies Howe Partners;
-(undated) from Councillor Johnston.
The following persons appeared before the Toronto Community Council in connection with
the foregoing matter:
-Ms. Kimberly Beckman, Davies, Howe Partners, on behalf of the Applicant;
-Mr. Stephen Longo, Goodman & Carr, on behalf of the Applicant;
-Mr. Marius Ois, Marius Ois & Associates Inc.;
-Ms. Maria Szily, Toronto, Ontario;
-Mr. I. Meisels;
-Mr. F. Volpi, Toronto, Ontario; and
-Mr. John Laverty, Toronto, Ontario.
(A copy of the letters and petition referred to in the foregoing report was forwarded to all
Members of the Toronto Community Council with the agenda for its meeting on September
16, 1998, and a copy thereof is on file in the office of the City Clerk).