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D. Structure Height — Meets Requirements The existing dwelling does not exceed the 35 foot height limit, nor would the proposed garage exceed the 15 foot height limit. 2. Flood Plain, Wetlands, and Easements The proposed addition is outside of any flood plains, wetlands, or easements. 3. Tree Preservation Ordinance The applicant submitted a Tree Survey with the proposed Site Plan and Survey (Attachment Q. He is proposing to remove four coniferous trees to make way for the new garage. According to the Tree Survey, there are seven significant trees on the site. Two are deciduous trees measuring 36 caliper inches, and the rest are coniferous trees totaling 146 feet in height. The Tree Preservation Ordinance allows the removal of up to ten percent of the significant trees on site without mitigation. Based on the measurements of the trees, the applicant can remove 18.2 feet of trees without replacement, but anything above and beyond that needs to be replaced at a rate of one to two. In this case the applicant is removing an additional 98 feet of coniferous trees, requiring the replacement of 49 feet of new trees. At a minimum height of six feet each, the applicant would be required to plant eight new trees on his lot. Three of the trees to be removed are located under a power line that serves the property. The applicant has stated in his letter that he believes the trees to be nuisance trees due to their proximity to the power lines. He has contacted the utility company and has asked them to make a determination to this effect. Tree's in the way of power lines are not specifically dealt with in the regulations because they are considered a private matter between a property owner and the utility company; however, Staff would be comfortable with identifying the trees as nuisance if the utility company provided a letter indicating that they are a problem and will have to be removed or significantly cut back in the future. The utility company has visited the site and has not yet provided a determination as to the status of the trees. If the trees are identified as nuisance, and all four trees are removed, the mitigation amount would be six feet rather than 49 feet. The applicant is proposing to plant three, six foot trees along the east property line, which would be 18 feet of new trees. He has stated in his letter that he believes, regardless of the determination of the utility company, that 49 feet of replacement for the removal of four trees is unreasonable. Staff did suggest to the contractor that if the garage were repositioned on the property 8-10 feet to the west, three of the trees could be left untouched, reducing the required mitigation to a single six foot tree. City of Arden Hills Planning Commission Meeting for July 2, 2008 IlMetro-inet.uslardenhillsiPlanninglPlanning Cases 12008108-018 Beard Site Plan Review (Pending) 1070208 -PC Report -Beard Site Plan Review.doc Page 4 of 8