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:
- 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;
- 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
- 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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