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

[Oliver Reichl]

Every time I’ve had to respond to a “nuisance tree” complaint, it’s always
been about the mess they make to vehicles. Rather than state the obvious
about a messy tree (“so don’t park under it!!”), I usually ask why they
don’t just put the car in the garage. In almost every instance there’s no
space in the garage because it’s been turned into a workshop, man cave, or
storage space. So basically the homeowner wants the City to remove a
perfectly good tree because of their lifestyle choices. This is not
something any municipality should start in practice, let alone codify in
policy, regulation, or law.

Oliver Reichl BES(Hons)

On Thu, Oct 19, 2023 at 11:09 AM Jennifer Koskinen via CANUFNET <
canufnet at list.web.net> wrote:

> Hi Daniel,
> Perhaps this is not a  'nuisance-tree' issue - but can be looked at as  -
> wrong tree wrong location case. Remove the tree and plant a smaller species
> with the tree moved closer to the adjacent neighbour property line.  This
> large tree is growing between two driveways, and the homeowner has put
> cobblestones around the tree.  The City can look at it as rectifying a
> situation, a smaller tree suitable for the site (and using a species with
> no potential nuisance - so no fruit trees).  The homeowner may miss the
> shade this tree provided in the summer though.
> Just an idea. Sometimes homeowners will not give up, and they may even
> find new projects to complete on their own property that may 'accidentlaly'
> kill the tree over time.
>
> -jk
>
>
> *Jennifer Koskinen, HBESfcon, ISA Certified Arborist ON-1234A*
> Senior Arborist
> mobile: 519-778-5502
> jennifer at jkconsultingarb.com
>
> JK Consulting Arborists
> www.jkconsultingarb.com
>
>
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>
> 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]
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>>
> --
Oliver K. Reichl, B.E.S.(Hons)
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Sent from my mobile phone.
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