[CANUFNET] precedence regarding: 'nuisance-tree' removal request / resolution - Linden

[Barb Rabicki]

Hi Dan et al,
This situation is virtually identical to citizen complaint we dealt with at
City of Burlington around 2018: boulevard linden, sap on car, tracked into
house carpets, undue hardship, yada, yada.  We denied request to remove,
and pruned repeatedly to reduce crown & mitigate situation. Council were
informed and supported our staff expertise.  The tree was of value to the
neighbourhood streetscape and provided ecological benefits to the city
hard-hit with ash tree losses due to EAB.  The resident took the City to
court; interesting trial. Resident was not successful.  City of Burlington
current staff will be able to provide more details on costs awarded to the
City, should you wish to contact them directly.
I do recall a Thunder Bay case about 2011ish where a resident made a
similar case to get a city tree removed due to tamarack needles clogging
his eavestroughs.  Former City staff may be able to provide more details on
the outcome but my recollection is staff had to remove.  The reason I raise
this here is exactly what we feared would happen in Thunder Bay:
"nuisance" tree removals are never one off's, nor are they species
specific.  While I'd refrain from letting Council know there may be
precedent in Thunder Bay, I would advise them there are cases elsewhere
where mature linden removal for similar issues was denied. Steve or Drew
will be able to provide full details.
Good luck,
Barb Rabicki
ON-1413A

On Wed, Oct 18, 2023 at 12:04 PM Daniel Corbett via CANUFNET <
canufnet at list.web.net> wrote:

> Good morning,
>
>                 On Monday October 16th (2023), our City Council heard a
> deputation from a Citizen requesting removal of this Linden tree due to the
> hardship it causes them (car and driveway washing – ‘ruined’ paint on the
> car).  There was, of course, significant correspondence with the Citizen
> (in advance of council) explaining other options and that we had followed
> process.  The Citizen was not interested in any option other than removal,
> which (removal) is contradictory to our bylaws and associated policies.
>
> We have now completed a crown thinning (approximately 30%) to increase air
> flow and make the tree less habitable to aphids.  Council is deliberating
> to decide if they should make an exception to our tree bylaw, and allow the
> removal.  In my view, this could be like opening the flood-gates for any (
> *every*) other removal request having to due with ‘undue hardship’ to the
> home owner.
>
>                 Our ‘nuisance-tree issue’ policies are clear on our
> website and in our Urban-Tree bylaw.  Council may be looking to ‘make an
> exception’.  At council I was able to identify this decision could impact
> 150-250 ‘nuisance-tree’ removal requests per year.  If any of you could
> provide some guidance or support, provide documentation of a similar
> situation and how it was resolved…etc, *I would greatly appreciate it*.
>
>
>
> The Citizen that made the deputation highlighted examples from *Vancouver*
> (which I have not fact-checked) in their deputation, so I can imagine our
> results could also affect your municipalities in the future.
>
>
>
> Thank you in advance for your assistance.
>
> Dan Corbett
>
> [image: Daniel Corbett]
> The information contained in this email message may be privileged,
> confidential and protected from disclosure. If you are not the intended
> recipient, any review, dissemination, distribution or copying is strictly
> prohibited. If you have received this email message in error, please notify
> the sender by reply email and delete the message and any attachments.
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://list.web.net/pipermail/canufnet/attachments/20231019/fd5c943e/attachment.htm>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.jpg
Type: image/jpeg
Size: 11940 bytes
Desc: not available
URL: <http://list.web.net/pipermail/canufnet/attachments/20231019/fd5c943e/attachment.jpg>