Committee of Adjustment Application -

204, 212 Eglinton Avenue East (North Toronto)

The Toronto Community Council submits this matter to Council without recommendation.

The Toronto Community Council reports, for the information of Council, having requested the City Solicitor, in consultation with appropriate officials, to report directly to Council on the possibility of granting an exemption from Chapter 331, Article III, of the former City of Toronto Municipal Code, to permit the tree removal at 220 Eglinton Avenue East.

The Toronto Community Council further reports, for the information of Council, having requested the City Solicitor, in consultation with appropriate officials, to report to the Toronto Community Council, at its meeting to be held on September 16, 1998 on:

(1)proposed amendments to Chapter 331, Trees, of the former City of Toronto Municipal Code, which would resolve joint ownership issues and issues respecting applications which straddle property lines; and

(2)the following motion from Councillor Johnston:

"That, in respect to trees that straddle property lines, Council reinstate the former City of Toronto Municipal Code provisions that allow the owner of either property to make application to injure or destroy a tree that straddles a property line and allows the owner of an abutting property to make application to injure or destroy a tree on an adjacent property in respect to a development that would affect the roots or branches of such a tree."

The Toronto Community Council submits the following communication (June 10, 1998) from Councillor Johnston:

Recommendations:

(1)That the City Solicitor report to City Council at its July 8, 1998 meeting on the options available to Council to grant an exemption to By-law No. 1997-0428.

(2)Advise City Council on what legal agreement would be required (should Council grant an exemption) to absolve the City of Toronto from any liability should the construction activities at 204-212 Eglinton Avenue East injure the subject elm tree located on the abutting 220 Eglinton Avenue East property.

Comments:

I have discussed the foregoing issues with forestry personnel and with the planning department. It is obvious to me that we have placed the "applicant" in a classic Catch 22 situation.

On June 21, 1997, the former City of Toronto Committee of Adjustment granted a variance to accommodate the proposed development at 204-212 Eglinton Avenue East, Toronto. Presumably, this placed the proposed development in the system under existing by-laws and regulations.

However, on August 21, 1997, the former City of Toronto amended the Municipal Code-Trees-Chapter III and passed By-law No. 1997-0418 which now prevents the "applicant" from even making an application to the City to "injure or destroy a tree" without the consent of the abutting owner.

The abutting owner, according to the "applicant', has no interest in agreeing to an application being filed. Consequently, unless City Council grants an exemption from By-law 1997-0418, this development remains forever in limbo.

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(A copy of the following communication (May 13, 1998) from Mr. Peter Kelly, referred to in the foregoing report was forwarded to all Members of the Toronto Community Council with the agenda for its meeting on June 24, 1998, and a copy thereof is on file in the office of the City Clerk.)

The Toronto Community Council reports for the information of Council, also having had before it the following communications, and a copy thereof is on file in the office of the City Clerk:

-Decision of Committee of Adjustment dated June 4, 1998;

-Clause 17 of Neighbourhood Committee Report No. 11 of the former City of Toronto, titled, "Municipal Code - Trees - Chapter 331, Article III - Injury or Destruction of Trees in Defined Areas, which was amended and adopted by the Council of the former City of Toronto at its meeting held on August 21, 1997;

-(June 19, 1998) from Mr. Flori Volpi, owner of 220 Eglinton Avenue East;

-(June 23, 1998) from Mr. John Arico, Davey Tree Expert Company of Canada, Limited; and

-(Undated) Petition (46 signatures) of residents of 220 Eglinton Avenue East.

 The following persons appeared before the Toronto Community Council in connection with the foregoing matter:

-Mr. Flori Volpi;

-Mr. John Laverty;

-Ms. Dale Juknevicius; and

-Mr. I. Meisels.