September 15, 1999
To:Toronto Community Council
From:Joe Halstead, Commissioner Economic Development, Culture and Tourism
Subject:7 Gange Avenue- Private Tree By-law - Ward 23 - Midtown
Purpose:
An application for a permit to injure two trees on private property has been filed by the owner Mr. Richard Weldon, Crown
Regal Lands, 124 Merton Street, Suite 300, Toronto, M4S 2Z2. The applicant is proposing to construct row housing in
close proximity to the trees.
Financial Implications:
N/A
Recommendations:
Either 1, or 2 below
- refuse to issue a permit for tree injury, requiring the applicant to redesign the proposed development to provide adequate
protection for the trees; or
- issue a permit for tree injury conditional on: i) the trees in question not being injured until permitted construction and/or
demolition related activities in accordance with plans approved under the building permit application for the subject
project commence which warrant the destruction of the trees. ii) the applicant implementing a landscape plan acceptable
to the Commissioner Economic Development, Culture and Tourism.
Comments:
The trees in question are both Norway maples with diameters of 52 and 56 centimetres. The trees are located on private
property at the rear of 45 and 47 Birch Avenue. The rear yards of these Birch Avenue addresses border the development
site. One of the proposed row house units will be constructed within 1 and 3 metres from the two private trees involved
with this application. The excavation required to construct the foundation for the unit will impact a significant portion of
the tree root systems. There will also be substantial pruning required to provide clearance for the above ground portion of
the row house unit. The required pruning will remove approximately 40% of the crowns of both Norway maples. This
excessive pruning will be detrimental to the health of the trees and will eliminate the aesthetic qualities that the trees
provide to the community. There is an existing building on the site where the proposed row house unit is to be constructed.
The building consists of brick construction with a concrete floor slab. This is not an ideal growing environment for the
roots of the Norway maple trees, however, there will be supporting roots growing underneath the floor slab of this existing
building that will be severed during excavation for the new home.
The applicant has retained an arborist to implement a tree protection plan during construction. The implementation of the
arborists' recommendations will provide some protection for the trees, but in the opinion of staff, the extent of the
construction proposed and the proximity of the trees to the construction will lead to the decline of both trees. This will
leave the owners of the Norway maples with an expense for removing the trees, and depending on the extent of the root
damage, the trees may become destabilized and a liability for the owners.
The proposed development should be redesigned so that the trees will not be impacted by the construction activity. The
row house units should be constructed far enough away from the trees so that no pruning of the crowns will be required to
provide clearance for the units. This would also enable establishment of a no work zone to protect the tree root systems.
Plywood hoarding should be constructed a minimum of five metres south, east and west of the tree stems to create an
adequate no work zone.
A notice of application sign was posted on the property for the required 14 day posting period, in order to notify the
neighbourhood and provide an opportunity for objection to the application. Six written objections and two petitions were
received in response to the application to injure the trees in question. Copies of these letters have been forwarded to the
Community Council Secretary for Community Council to review.
Contact Name:
Andrew Pickett
392-6644
Joe Halstead
Commissioner Economic Development, Culture and Tourism
