Municipal Code Chapter 202 - Request for Natural Garden Exemption
- 120 Duvernet Avenue (East Toronto)
The Toronto Community Council recommends that City Council grant an exemption under Municipal Code Chapter 202, Section 202-2D to cancel the served notice and to allow a natural garden to remain at 120 Duvernet Avenue.
The Toronto Community Council reports, for the information of Council, having requested the Acting Commissioner of Community Services review the natural garden after one year and report back thereon to the Toronto Community Council.
The Toronto Community Council submits the following Clause 13, contained in Report
No. 25 of the Executive Committee of the former City of Toronto, titled AMunicipal Code Chapter 202 - Request for Natural Garden Exemption - 120 Duvernet Avenue (Ward 10)@.
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The Executive Committee recommends that the joint report (November 5, 1997) from the Director of Inspections and Chief Building Official and, the Commissioner of Urban Development Services be forwarded to the new City Council/a Standing Committee thereof, for consideration and the hearing of deputations.
The Executive Committee advises that although there is no Statutory requirement for a public hearing, it has been the City of Toronto=s practice to schedule a matter like this as a deputation item and to inform the neighbourhood.
The Executive Committee submits the joint report (November 5, 1997) from the Director of Inspections and Chief Building Official and the Commissioner of Urban Development Services:
Origin: Director of Inspections and Chief Building Official (p:\1997\ug\uds\bld\ex970071.bld) -bs
Recommendations:
1. That City Council grant an exemption under Municipal Code Chapter 202, Section 202-2D to cancel the served notice and to allow a natural garden to remain at 120 Duvernet Avenue; or
2. That City Council confirm the served notice and direct that a second notice be given under Municipal Code Chapter 202, Section 202-2D requiring the cutting of grass and weeds, as prescribed in the regulations.
Comments: On October 16th, 1997 a notice was served to the owner of the property known as 120 Duvernet Avenue to require that tall grass and weeds be cut, in accordance with Municipal Code Chapter 202. A submission was received October 17th, 1997 from the owner of the property, requesting exemption from grass and weed cutting requirements on the basis that the property contains a natural garden. A copy of this submission has been provided to the Executive Committee. Provision and procedures for such exemption are contained in Municipal Code Chapter 202, Section 202-2D. In accordance with these provisions such a request for exemption is to be reviewed by the Neighbourhoods Committee and Council. Due to the fact that the final Neighbourhood=s Committee meeting for 1997 has already occurred but that City Council has indicated that it would call any necessary meetings prior to the end of 1997 to address any outstanding issues, this matter is being referred to the Executive Committee in order that the matter might be dealt with and sent on to Council at its subsequent meeting.
On October 23rd, 1997, a report was received from the Parks Division stating that their inspection indicated that the yard at 120 Duvernet Avenue contains no noxious weeds, with the presence of plant material that represents native species which are regenerating on their own, although no clear purpose or plan appeared to be ongoing regarding the naturalization.
This report was prepared in consultation with staff of the Parks Division.
John Morand, Commissioner of Urban Development Services concurs with this report.
The Executive Committee also had before it the following communication (undated) from Nancy Kay, addressed to the Commissioner of Urban Development Services:
Having received your registered letter yesterday (October 16th) I have asked my spouse, Mr. Patrick McDonald to reply by fax within the 72 hours as per section 202-2D of Chapter 202 for an exemption under the Anatural garden@ concept which arose after the Pickering Avenue case.
Mr. McDonald has been a member of several environmental organizations, including the City=s Task Force to Bring Back the Don, the Sierra Club Legal Defense Fund, and the Canadian Nature Federation. A former Wildlife Biologist with the Ministry of Natural Resources, he has participated for the past 2 years in the CNF=s Ladybug Beetle Survey and became aware of the rapid inroads made by exotic species on our native 2-spot variety. The wild garden in the yard provides habitat for this and other insects in an otherwise pesticide infested sterile Aperfect lawn@ habitat. For him, this is an ethical issue.
Please consider this application. Thank you.
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The Toronto Community Council reports, for the information of Council, having also had before it a communication (January 21, 1998) from Patrick McDonald, and a copy thereof is on file in the office of the City Clerk.
