Developer under investigation after much-loved tree in Leaside cut down without permit

A Toronto developer is under investigation after a much-loved tree on a Leaside lot was cut down without a permit, city staff say.

Mod City has been working to build a fourplex at its Eglinton Avenue East property — a corner lot that's a prime development spot.

But there was a problem: a towering honey locust about 80 centimetres in diameter right in the lot's backyard.

The city wouldn't let the developer cut it down, but late last month, neighbours say, the tree was destroyed anyway. 

Local councillor Rachel Chernos Lin says the tree's destruction is especially troubling given the city allowed changes to the developer's building plan to make room for it. The city's committee of adjustment ruled in March that the developer could move the footprint of the planned fourplex closer to the street to accommodate the tree.

But on June 25, neighbours say they woke up to the sounds of the tree being cut down. Eight days later, the builder applied to install a parking pad where the tree once was, city records show.

"They are gaming the system. That's certainly what it sounds like," Chernos Lin told CBC Toronto.

Fines can reach $100K, but more teeth needed: councillor

A notice on the building site's hoarding at 712 Eglinton Ave. E. near Bayview indicates the developer is now being investigated for removing a tree without authorization.

Executives with Mod City refused to comment when approached by CBC Toronto at the site last week. The company has also not responded to an email request for comment.

Cutting down a tree without a permit carries a fine of up to $100,000, Chernos Lin said. But she and Geoff Kettel, with the Leaside Residents Association, both say the deterrent needs more teeth.

"My office and I are exploring what are some measures that we might be able to put in place at the city to ensure this doesn't happen again," she said.

"If it's simply the cost of doing business, we would certainly support increased fines," said Kettel, whose group has been following the issue since last year.

'I started crying,' says resident

Mod City originally applied to remove the tree last October, according to city staff. That request was denied. However, Chernos Lin told CBC Toronto the developer was encouraged to apply for a variance that would allow it to move the new fourplex's footprint forward, saving the backyard tree while allowing the builder to stick with the original plan.

The committee of adjustment approved that plan.

Karen Hwang, who has lived next door to the now-vacant lot for 35 years, says she was shocked to see the tree being cut down despite assurances from the city that permission had not been granted to remove it.

"I started crying because I saw them chop it down," she said. "We really relied on it for the fresh air, the shade, the beauty."

"Everything was chaos," Kettel said. "I started getting calls, some of them were crying."

"We thought we had protected the tree and clearly we hadn't."

City bylaws trumped by provincial planning laws

Kettel said he'd like to see developers denied density increases on their projects if they flout the city's tree preservation rules.

Chernos Lin said part of the problem is that building permits are regulated by the province's Planning Act, which trumps city bylaws. That means the city can't deny a developer a building permit even if it wrongly removes a tree from a building lot.

The city has been working to increase the tree canopy for years, Chernos Lin said. The goal has been to increase the canopy to 40 per cent of the city's area by 2050. In 2018, that number stood at about 30 per cent, according to the city's website.

That's why even trees in private yards can't be cut down without a permit, if they're larger than 30 centimetres in diameter.

City staff confirmed Mod City is being investigated for improperly removing a tree. Staff refused further comment as the investigation is ongoing.