<div dir="ltr">Hi Dan et al,<div>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.</div><div>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.</div><div>Good luck,</div><div>Barb Rabicki</div><div>ON-1413A</div></div><br><div class="gmail_quote"><div dir="ltr" class="gmail_attr">On Wed, Oct 18, 2023 at 12:04 PM Daniel Corbett via CANUFNET <<a href="mailto:canufnet@list.web.net">canufnet@list.web.net</a>> wrote:<br></div><blockquote class="gmail_quote" style="margin:0px 0px 0px 0.8ex;border-left:1px solid rgb(204,204,204);padding-left:1ex"><div class="msg1118663640375185718">
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<p class="MsoNormal">Good morning, <u></u><u></u></p>
<p class="MsoNormal"> On Monday October 16<sup>th</sup> (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.<u></u><u></u></p>
<p class="MsoNormal" style="text-indent:36pt">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 (<b><u><span style="font-size:14pt">every</span></u></b>) other removal request having to due with ‘undue hardship’ to the home owner.
<u></u><u></u></p>
<p class="MsoNormal"> 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,
<b>I would greatly appreciate it</b>.<u></u><u></u></p>
<p class="MsoNormal"><u></u> <u></u></p>
<p class="MsoNormal">The Citizen that made the deputation highlighted examples from
<b>Vancouver</b> (which I have not fact-checked) in their deputation, so I can imagine our results could also affect your municipalities in the future.<u></u><u></u></p>
<p class="MsoNormal"><u></u> <u></u></p>
<p class="MsoNormal">Thank you in advance for your assistance.<u></u><u></u></p>
<p class="MsoNormal">Dan Corbett<a name="m_1118663640375185718_Daniel_Corbett"><u></u><u></u></a></p>
<p class="MsoNormal"><span><img width="250" height="150" style="width: 2.6041in; height: 1.5625in;" id="m_1118663640375185718Picture_x0020_1" src="cid:18b495fde924ce8e91" alt="Daniel Corbett"></span><span></span><span lang="EN-US"><u></u><u></u></span></p>
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