January 4, 1999
To:Toronto Community Council
From:Commissioner, Economic Development, Culture & Tourism
Subject:56, 60 St. Clair Avenue West, 55, 55R, 57, 59 and 61 DeLisle Avenue, Toronto -
Request for the Removal of One City Owned Tree and Three Trees Situated on Private Property (Midtown)
Purpose:
An application has been filed under the provisions of City of Toronto Municipal Code, Chapter 331, Trees, Article I and
III, for permission to remove one City owned tree and three trees situated on private property in connection with the
development of the above noted properties.
Source of Funding:
Not applicable.
Recommendations:
That if Toronto Community Council approves the request for the removal of one City owned tree and three trees situated
on private property 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 Official Plan Amendment and Rezoning Application No. 12372 commence which warrant the
destruction of the trees;
2. the applicant submitting a certified cheque in the amount of $5,823.54 to cover the value of the City owned tree, its'
removal and replacement costs; and
3. the applicant planting a minimum of thirty-three (33) trees in accordance with Landscape Plans L1A, L1 and L2
prepared by Vertechs Design Inc., date stamped as received by Urban Planning & Development Services on December 11,
1998 and on file with the Commissioner of Urban Planning & Development Services.
Background:
This request for tree removal has been received in connection with Official Plan Amendment and Rezoning Application
No. 12372 which is a proposal to construct a two phase development of two 12 storey buildings containing residential and
commercial units.
Comments:
We are in receipt of a request from Mr. Charles Aquilina of Cordone Investments Limited, 542 Eglinton Avenue East,
Toronto, Ontario, M4P 1N9, the owner of the above noted properties, that the City consider the removal of one City
owned tree and three trees situated on private property.
Mr. Aquilina reports that one of the City owned tree is in direct conflict with a proposed underground garage. The tree in
question is an 83 cm diameter Norway maple which is in fair condition and is valued at $4,614.94. This tree cannot be
protected during the construction of the two 12 storey buildings. The cost to remove the tree is $733.59 and the cost to
replace the tree in turf is $475.01, for a total of $5,823.54.
Two of the three private trees which are the subject of this application are situated on properties adjacent to the
development site at 9 Deer Park Crescent and 64 St. Clair Avenue West and in close proximity to the property lines of the
development site. Given that extensive excavation must take place along the property line of the development site in close
proximity to the two trees on the adjacent properties in order to facilitate the construction of an underground parking
structure which is proposed as part of the subject development, the trees in question must be removed due to the impact on
the root system of the trees.
At its meeting of December 16 and 17, 1998 City Council passed By-law No. 900-1998 which amended City of Toronto
Municipal Code Chapter 331, Trees, Article III, to allow the owner of either property where the base of a tree staddles the
property line or where a property is physically impacted by the roots or crown of a tree on an adjacent property to make an
application to injure or destroy such a tree. As such, the applicant of the development filed the permit application to
remove the trees on the adjacent properties which the applicant does not own.
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. Two (2) letters were received in response to the notice of
application to remove the trees in question.
The three trees situated on private property are as follows:
1.47 cm diameter Black Locust in good condition -
This tree is situated on the private property of 55 DeLisle Avenue which forms part of the development site;
2.41 cm diameter Norway Maple in good condition -
This tree is situated on the private property of 9 Deer Park Crescent which is adjacent to the development site;
3.49 cm diameter Elm in fair condition -
This tree is situated on the private property of 64 St. Clair Avenue West which is adjacent to the development site.
The applicant requires City Council approval to permit the removal of all three of these privately owned trees.
The trees in question are of a size which does not permit their relocation. The proposed development in its present form
precludes the retention of all four trees which are the subject of this report and are proposed for removal due to the size,
scale and placement of the development.
The landscape plan which has been filed with development application indicates the planting of thirty-three (33) new trees
on the DeLisle Avenue city road allowance, the private property of the development site and the adjacent private property
of 9 Deer Park Crescent.
Should Toronto Community Council recommend that the request to remove the trees in question be approved, such
approval should meet the conditions outlined in the recommendations above.
Contact Name:Gary R. Le Blanc
Telephone:(416) 392-0494
Facsimile:(416) 392-6657
E-mail:gleblanc@toronto.ca
Joe Halstead
Commissioner, Economic Development, Culture & Tourism
GRL
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