Injury of Tree - 2505/2513 Danforth Avenue (East Toronto)

The Toronto Community Council recommends that:

(1)City Council refuse to issue a permit for injury to the tree at 2505/2513 Danforth Avenue, requiring the applicant to redesign plans for the construction of the building in consultation with an arborist with the objective of protecting the tree located on the neighbour's property;

(2)the applicant be advised that the tree located at 2505/2513 Danforth Avenue cannot be injured due to the applicant either pruning the tree or constructing the building within close proximity to the tree; and

(3)the applicant be advised of Council's decision by registered mail.

The Toronto Community Council submits the following report (April 12, 1999) from the Commissioner of Economic Development, Culture and Tourism:

Purpose:

Mr. Harpal Arora, 2 Secord Avenue, #1513, Toronto, Ontario, M4C 2C3, owner of 2505 Danforth Avenue, has filed an application for a permit to injure one tree on the private property of 2513 Danforth Avenue to allow for the construction of a new building on the property of 2505 Danforth Avenue.

Financial Implications:

N/A

Recommendations:

Either 1, or 2 below

(1)refuse to issue a permit for injury to the tree, requiring the applicant to redesign plans for the construction of the building in consultation with an arborist with the objective of protecting the tree located on the neighbour's property; or

(2)issue a permit for injury conditional on:

(i)the tree not being injured until permitted construction and/or demolition related activities in accordance with plans approved under the building permit application for the subject property commence that warrant the destruction of the tree; and

(ii)the applicant contracting an arborist to implement a tree preservation plan during construction to minimize the injury to the tree.

Comments:

The tree in question is a fifty-three centimetre diameter Norway maple in fair condition. The tree is located adjacent to a building on the property of 2513 Danforth Avenue and it is growing completely surrounded by concrete. The tree requires remedial maintenance to correct improper pruning cuts made previously. The applicant is proposing to construct a new building on the adjacent property of 2505 Danforth Avenue that would require excavation approximately one metre from the base of the tree. The proposed construction would significantly impact the tree roots and substantial pruning of the crown would be required to provide clearance for the building.

The applicant had originally provided staff with an arborist report and a plan for the proposed building that would have provided adequate protection for the tree. In the opinion of staff the construction of a building that incorporates and provides adequate protection for the tree is the best solution for the community. If this tree is injured and requires removal there is no suitable site to plant a replacement on either property.

The Norway maple is an important tree to the owners of 2513 Danforth Avenue, as can be seen by the overwhelming support they have generated in the community. It is therefore essential that any proposed construction at 2505 Danforth Avenue have the best interests of the tree and the community in mind.

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. Nine letters of objection, and a petition with over one thousand five hundred signatures were received in response to the application to injure the tree in question. In addition, the applicant has submitted a petition with approximately six hundred signatures supporting his proposed construction. Copies of these letters and petitions have been forwarded to the Community Council Secretary for the Community Council to review.

Contact Name:

Andrew Pickett, 392-6644

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(Copies of letters in opposition, petition with 2517 signatures in opposition, letter in support forwarding a petition with 602 signatures in support, referred to in the foregoing report was forwarded to all Members of the Toronto Community Council with the agenda for its meeting on April 28, 1999, and a copy thereof is on file in the office of the City Clerk).

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

-(April 28, 1999) from Mr. Mike Roussakis;

-(April 27, 1999) from Mr. Vern Christensen; and

-(April 26, 1999) from Roger, Susan, Andrew and Alexandra Read.

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The following motion by Councillor Disero, was placed but not voted on:

That City Council issue a permit for injury to the tree located at 2505/2513 Danforth Avenue, conditional on:

(i)the tree not being injured until permitted construction and/or demolition related activities in accordance with plans approved under the building permit application for the subject property commence that warrant the destruction of the tree;

(ii)a clearance of 6 feet be placed between the construction and the tree; and

(iii)the applicant contracting an arborist to implement a tree preservation plan during construction to minimize the injury to the tree.

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

-Mr. Harpal Arora, Toronto, Ontario; and

-Mr. Shambhu Dutt Sharma, Toronto, Ontario.