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Home My WebLink About2003 03 24 Regular K Specimen Tree Removal COMMISSION AGENDA ITEM K CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X March 24, 2003 Meeting Mgr. V J/6. Dept. Authorization REQUEST: The Community Development Department Arborist recommends the City Commission consider the request of Ms. Sheilah Therkildsen to remove one (1) 34-inch specimen sweet gum, and one (1) 40-inch specimen live oak. PURPOSE: The purpose of this agenda item is for the City Commission (as required by Section 5-8 ofthe City Code of Ordinances) to consider Ms. Therkildsen's request to remove a 34-inch specimen sweet gum tree and a 40-inch specimen live oak tree at 375 Casa Grande Drive, The specimen trees are located in the yard about one (1) foot from the house. The applicant states that she wants to remove the trees because they are damaging the patio foundation and the structural walls. She has stated a willingness to replace the trees or to provide such to the Homeowners Association. APPLICABLE CODE: On Apri/8, 2003, Ch. 5 of the City Code was repealed and replaced with Ordinance 2002-08. Section 5-2. Intent and Purpose. (a) PUrTJose. The purpose of this Chapter is to establish protective regulations for Trees within the City in order to maintain and protect the City Forest, to better control problems of flooding, soil conservation, air pollution and noise, and to make the city a healthier, more attractive and safer place in which to live. (b) Intent. The intent of this Chapter is to encourage the protection of the maximum number of trees within the Primary Tree Protection Zone and of large specimen trees within the Secondary Tree Protection Zone. It is further the intent of this chapter to encourage the protection of Trees native to Central Florida. ' To this end, it shall be unlawful to cut down, damage, poison, or in any other manner destroy or cause to be destroyed any Tree or other vegetation as covered by the provisions of this ordinance except in accordance with the provisions set forth herein. Notwithstanding, in case of March 24,2003 REGULAR AGENDA ITEM K Page 2 emergencies involving natural disaster such as, but not limited to, flood, freeze or other natural disasters, the requirements ofthis ordinance may be temporarily waived by the City Commission by resolution. Section 5-3. Definitions. (s) Specimen Tree. A Tree, other than an undesirable tree, dead tree, or diseased tree, that is twenty (20) inches or more in diameter. (w) Tree. Self-supporting wood, perennial plants of species which have a trunk with a diameter of at least four (4) inches measured at Caliper and normally grow to an overall crown height ofa minimum of fifteen (15) feet. Section 5-4. Permit Required for Tree Removal and Land Clearing; Separate Violations Criteria. (a) Permit Required. No person shall engage in Tree Removal or engage in Land Clearing located within the City, without first obtaining a Permit as provided in this Chapter. (b) Criteria, Upon receipt of a completed application and verification on-site by the City forester, a permit may be issued for Tree Removal under the following conditions: (2) Trees located within ten (10) feet of a structure or other improvement, provided said Trees are replace elsewhere on the property in accordance with Sec. 5-9 of this Chapter. (3) Trees severely diseased, severely injured or dead. (7) Trees that have been approved by the City Forester and which shall be replaced elsewhere on the property. (c) Review Standards. When making a determination on whether to approve or deny an application under this Chapter, the City Forester shall apply one (1) or more of the following standards of review deemed relevant: (2) Necessity to remove Trees which pose a safety hazard to buildings or other improvements on . a lot or parcel of land. . (3) Necessity to remove diseased Trees or Trees weakened by age, storm, fire or other injury that pose a safety hazard to people, buildings or other improvements on a lot or parcel of land. (5) Any proposed landscaping including plans where by the applicant has planted or will plant Trees to replace those that are proposed to be cleared. (8) Necessity to remove Trees in order to construct approved and permitted improvements to allow economic enjoyment of the property, including: (A) Need for access around the proposed structure for construction equipment (maximum of ten (10) feet). (B) Need for access to the building site.for construction equipment. (C) Essential grade changes. (D) Need for locating street or road rights-of-way, utilities, drainage ways, as well as the need to provide reasonable use and property access. (9) The extent of any damage or demonstrated hardship which would result to the applicant from a denial of the requested permit. (10) The species and size of the Tree(s) proposed for removal. March 24, 2003 REGULAR AGENDA ITEM K Page 3 Section 5-8. Specimen or Historic Trees. (b) Removal, Notwithstanding any other provision of this Chapter, Specimen and Historic Trees shall not be removed except for extraordinary circumstances and hardships and only by final permit approval by the City Commission. FINDINGS: 1) Section 5-8.b of the Arbor Ordinance provides that a specimen tree shall not be removed except for extraordinary circumstances and hardships and only by final permit approval by the City Commission, 2) In this application the applicant states that the trees need to be removed for the following reasons: a) The trees are damaging the building. b) The damage to the building will continue to worsen if the trees are not removed. Repair of the damage without removal of the tree will not prevent future damage from resulting, Economic Enioyment of Property Repair ofthe house is essential to the economic enjoyment of the property is allowed as a Criteria for tree removal in Section 5-4. Staff's review of the site indicates that the trees will continue to cause damage if they are not removed. Public Safety Staff analysis of the site reveals evidence of a hazardous situation impacting public safety. Conclusion Staffs review concludes that the applicant's request for removal is VALID based upon the existing damages being caused to the structure. STAFF RECOMMENDATION: Based upon staff s review of the facts related to this application, Staff recommends that the City Commission APPROVE the request to remove the 34-inch specimen sweet gum, and the 40-inch specimen live oak at 375 Casa Grande Drive, as per Code, ATTACHMENTS: A. Permit Application COMMISSION ACTION: March 24, 2003 REGULAR AGENDA ITEM K Page 4 ATTACHMENT "A" Tn' Mi,.I.",", M,,,,~ F fOin~ Sheilah Thei'kilds~ii Subject: Tree renloval etc: .~ ~J!' ~-:>m'<ml!!!~ ~ !'~, 2(1n:! I.;'~!l', -2: r';i!Q: '!t~ ..+'id! ~~,,~ ':?('!~ ""'.!m~ !~~~ ~~ r was considering purcb83ina. I hav~ sinee purcbased tm$ home. ~ lfees have ta\lscd damage to "'~ and it ,.".n I'lt\ty tv, 'l1"i,..." '11tH rMl{)vlll 1\11'\\:0 ".~ . Yms advisttf $t:3~S\8 a prOJ'l.~ fi-om a ~ 1!Xpm in GrMr fl,}J' ~ to receive a permit . r '"" lint,", ct\ 41,:", ..,,.h...t.... i~ " "".,,,,,,.,., In r.a~ 0,.\- ;n rn-..... ^~"'~ >>v ,It.. h....."..."" :or" ~ . ~ impinsins 01\ said hom2, P'e?lM': l:f!t'!!' 'mf': llfM~:f "in thi~ f'l~ II~ r wonJrJ m;~ 1n ~ tm. work ~ <;Ofl1'I ,,~ !'O!'l~~ht.? Thp, J~I;nn i~ 3' n~ ('A'llt r.......M~ nr 1H_u.,ntfll ViI!_\ W;nh~" '\-;1"'" ... ., .. . '!oJ r -:'1fn ~ ~r:om~~~~ ~ 611"1 ~1'. ""A7 r;yr "",II 4;Y1 A1il.~ M~' ,",~HT>~ ;.~~~~ .~ tin J.:tI;P. Orip'''':t Jlyo Ak~... ~ Fl lnot _ J h:<vom'l m""M '''' 'w.t . .. ""'''' ~ ~1nc'lP.l'ely. /~-4\ v~-,;i~ . (.> ~~1"h T~iI~ton .~()bO )Y ^....,~" ~ ~~~\l' -f.0~-t><;J, ,o...'\~ ~~ 'I.. ~ ..A · tOO~~ ~. 't ~-V ~~~\ . ~~~ . ().,.. '. FROM,: W J THERKILDSEN ~~/~~/~~~j ~]:ag FAX NO. 407B94:20ol1 407-831-2168 Feb. 24 2003 04:05PM P5 ,~.""",~;:~IDA FCJCRESTRV PAG~ 31 FLORIDA FORRESTRY TREE SCIENCE. SERVICE, INC. P.o. BOX !l40118 . OALANOO. FLA. 32114-0178 (407) 884-2041 628-4017 SPECIALI21NG IN ALL PHASES Of TREE CARE ~ C ! / rl'i""":.;J.' .r CV&TC"'lIlS ~1ilO. " ~2... fl."! :7ht& ' ~ '. Th. It"i' ~ t. P .s.~-~ . t f 3> 1-/< 0 I?;~" ~".. !),-r- ..DOIlUS CES<iRIPTION p",ce TAX TOTAL All c~ims l"1! retun..!i c:~ MUST be aoe~lTlDanied by 1M ~1I1. /Iiiii1 To AIKIftiIr. Cfhank C"f'ou (p o/ll-{ ;:rO(J/{e~s 37-' C frs/l C-/?;4AJ {) w ,'A;Jrer 5fn'7~~ ~ '3fJfe; 3 ~ ~ ~'-^- (~ia.-r..-1. b1 ~ /k,J~\JU. ~ '"'>- ?k~q ~ \>v.u''-. ~~ (i (~~0-v ~\-/ ~ " t: If) ~:;,. :~?~~.~:;~~.:.:: ~ /~ . ........ '....~: - ;..1'1 , ~ :..' *J ~\~:.:~ '.' ,:j; . ., ; 1 ~.~' ... .. \ T , . , \ " , I . .I ! -,~ . ", . ~.,. . '~,., '.. '-":'.. :. ... .- "~"" ..~.: . -','t' ,:...-, .~.:- . . ,:,: "._::J.if>~' .;. "'~~~" .' ~)1~:"" ~ r: ' . ~:jIl: .... ,. ~).""', ' ~~~~. ,." ~ J "~~ -- .:"~;:f;:.~' .:~~!". ."'. .' ..._.::.:. .__., .,..,.::---.....~..~t.._.._::~_. ~..,...~. :--~; -~:. ---... "---- . ~ "-.~=;., .. ...,......,~i<~,~>,.:.......;.:.- :':;... 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