Letter from A. Benn and M. DiIorio regarding Appeal of Tree Permit Application 2019-076
An appeal letter from residents requesting permission to remove a Ponderosa Pine tree causing damage to their driveway and leaning over a neighbor's house.
Allan Benn Mafalda Di Iorio 29 Tovey Cres Victoria BC V9B 1A4
Mayor and Council Town of View Royal 45 View Royal Ave Victoria BC V9B 1A6
Via Email: mayorandcouncil@viewroyal.ca
June 10, 2024
Dear Mayor & Council
RE: Tree Permit Application 2019-076 (attached)
I am writing to bring to your attention a matter of concern regarding a tree situated on our property. As residents of the Town of View Royal, we deeply appreciate the beauty and environmental benefits that trees provide to our community. However, this tree has caused significant damage to our concrete driveway and will continue to do so if not removed. In 2019 we applied for a tree cutting permit which included a Ponderosa Pine situated on the Northwest corner of our property. Our request was subsequently denied by Director of Engineering, John Rosenberg. Please accept this letter as an appeal to that decision.
The Ponderosa Pine has caused our driveway to heave up in several locations, causing tripping hazards. This fact was included in the arborists report but did not adequately depict the extent of the damage.
The roots of this large tree have caused the driveway to heave to the point we’ve had to cut a section out of the driveway to accommodate the pressure it has put on the concrete. This was not indicated in the Arborist’s report. Cracks in the driveway caused by the root system are also more extensive than indicated in the report. The tree roots have caused the driveway to heave up and twist close to the base of the tree.
The root system has caused a portion of the driveway concrete to move, adjacent to a channel drain, increasing the drainage opening. The grate covering the opening has fallen in several times, creating another tripping hazard.
During high winds the tree sways significantly to the point the trunk touches our service drop causing power surges to the house.
Our neighbours, David and Marjorie Windle, of 25 Tovey Cres., have stated they are always fearful during high winds, as the tree leans significantly towards and over their home. We’re concerned that in the event of a failure, our neighbours and their property will bear the brunt of the full force of the damage this tree will cause. They support our application for removal of the tree.
The reason for Mr. Rosenberg denial of our initial application is because the arborist’s report indicates the tree has a healthy stem girth as well as a sound structure. However, the arborists report also states that the tree presents a more than normal risk of both a partial and whole tree failure. Because the tree leans towards and over our neighbour’s house, we feel this is a significant risk to life and property. Also, the arborist’s recommendation, in his report dated Jan 19, 2018, is to cut the pine tree down.
We understand the importance of preserving our town’s green spaces, and don’t take this request lightly. However, the safety of our family, neighbours at 25 Tovey Cres., and visitors, as well as the integrity of our property, must take precedence in this matter.
We are more than willing to provide any additional information or documentation required to support this request. Please feel free to contact us at either of our cell phone numbers or email address’ below to discuss the matter further or to schedule a site visit, if necessary. Unfortunately, the attached pictures do not adequately depict the damages, so we invite Mayor and Counsil Members to come and view the tree, and the damage firsthand.
We respectfully request that Mayor and Council approve our request to cut down the Ponderosa Pine located on the northwest corner of our property.
Photos are included on another document attached to the email.
Thank you for your consideration.
Allan Benn
&
Mafalda Di Ioro