4B, Approve Planning Case 08-018

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home and garage were constructed prior to the current zoning regulations. While the structure and existing garage are legally non-conforming, the proposed project would bring the property into greater conformance with the present code. The applicant has submitted a letter addressing the details of the application, a survey of the property, elevations of the proposed structures, and photographs of the site (Attachment B). The property is in the R-2 Zone. There are no known variance requests on file for this property. Tree Preservation Ordinance The applicant submitted a Tree Survey with the proposed Site Plan and Survey (Attachment B). 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. Based on the measurements of the trees, the applicant can remove 18.2 feet of coniferous trees (or 18.2 inches of deciduous 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. The applicants have asked for a reduction in the amount of tree replacement, indicating that they believe the requirement to be unreasonably excessive. While the applicant proposed to plant three, six foot trees along the east property line, the Planning Commission considered the request and decided that four replacement trees would be more appropriate. They agreed that 49 feet of new trees was an extremely large amount, and recommended that 24 feet be required in light of the fact that this would require four replacement trees for the four trees being removed. The City Council does have the discretion to reduce the amount of replacement trees without the need for a varIance. This application marks the first test of the newly adopted Tree Preservation Ordinance. While enacting this ordinance was an extremely important step in protecting the natural beauty and property values of our community, it is likely that certain aspects of the ordinance may need to be adjusted over time. It may be necessary to review the ordinance itself to determine if an overall change is necessary for residential parcels, or if this particular application poses a unique situation due to the very large size of the trees being removed, and thus a reduction is warranted. Findine:s of Fact The Planning Commission offers the following sixteen findings of fact for review: City of Arden Hills City Council Meeting for July 14, 2008 \\Metro-inet.us\ardenhills\Planning\Planning Cases\2008\08-018 Beard Site Plan Review (PC Approved) \071408 - CC Report - Beard Site Plan Review. doc Page 2 of4