The North York Community Council submits the following report (January 25, 2000) from the Commissioner of Economic
Development, Culture and Tourism:
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
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The North York Community Council also had before it a communication (February 14, 2000) from Mr. Adam J. Brown,
Brown Dryer Karol, on behalf of the applicant, asking for a deferral until the next meeting of the North York Community
Council on March 23, 2000, which is on file in the office of the City Clerk, North York Civic Centre.