January 25, 2000

To: North York Community Council

From: Joe Halstead, Commissioner Economic Development, Culture and Tourism

Subject: Tree Protection Zone Reduction Request - 444 Bedford Park Avenue

North York Centre South

Purpose:

This report provides information regarding an appeal to the Community Council from the owner, Mr. Waldman, 444 Bedford Park Avenue, to permit the reduction of the Tree Protection Zone of the 100 cm diameter City-owned Silver Maple tree, on the front lawn, to allow for the widening of the driveway entrance. City Forestry staff has not permitted the reduction in the tree protection area.

Financial Implications and Impact Statement:

There are no financial implications resulting from the adoption of this report.

Recommendations:

It is recommended that:

(1) the request to reduce the tree protection area be refused.

Background:

On June 2, 1998, the Tree Protection Agreement file, which was required for the preservation of the 100 cm diameter Silver Maple tree during the construction of a new single family dwelling, was closed and the Tree Survival Guarantee of $10,498.00 refunded. The Tree Protection Agreement indicated that a minimum root protection zone of 5.8 metres from the trunk of the tree would be necessary. A reduced entrance to the below-grade driveway was installed to accommodate the required tree protection area.

On December 1, 1999, an inspection of the site indicated an unauthorized curb cut had been initiated by the owner to enlarge the driveway entrance. The owner of the property was again made aware of the tree protection requirements and advised to stop construction of the driveway extension.

On December 23, 1999, correspondence from Brown, Dryer & Karol, solicitors for the owner, was received requesting approval for the widening of the driveway entrance, thereby reducing the root zone of the tree.

The tree is currently declining which may have been escalated as the result of the recent construction related activities.

Comments:

The amenity value of the tree, $8,553.00 plus the removal costs of $1,945.00 total $10,498.00.

Conclusions:

Mature trees are valuable assets to the quality of life in a community, and all neighbourhood residents have a stake in their preservation. A further reduction in the available root area of this tree will have a negative effect on its continued survival. For this reason, the Department cannot recommend a reduction in the minimum protection requirements to accommodate the wishes of individual homeowners, except in situations where no reasonable alternatives can be found. We do not consider this situation to be such a case.

Contact:

Tony Fleischmann

Supervisor, Urban Forestry

Planning and Protection

Telephone: 395-6134

Facsimile: 395-7886

e-mail: afleisch@city.north-york.on.ca

Joe Halstead

Commissioner Economic Development, Culture and Tourism