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ATTACHMENT D ATTACHMENT AATTACHMENT B 76 Division staff finds the proposal to construct a modest, well thought-out, designed, and 77 situated home on the lot at 907 Burke Avenue that preserves numerous trees and installs the 78 maximum number of trees consistent with tree planting standards, is consistent with these 79 Comprehensive Plan Policies. 80 b. The proposal is in harmony with the purposes and intent of the zoning ordinances. The intent 81 of §1011.04 Tree Preservation and Restoration in All Districts is to preserve as many trees as 82 possible and to replace those trees removed. In 2014, however, §1011.04 was amended to 83 include stricter standards. Three of these standards (inclusion of all non-invasive trees, a 84 replacement multiplier effect, and a mandatory replacement or a required fee) have made 85 development of single-family homes on wooded lots challenging. Planning Division has 86 reviewed the proposed plan by the Whitcomb’s and finds the proposed home, and its tree 87 removal, to be designed in good faith and meets the intent of §1011.04. 88 c. The proposal puts the subject property to use in a reasonable manner. Planning Division 89 staff finds the proposal makes reasonable use of the subject property given the professionally 90 prepared tree preservation and home placement plans. The new home is not excessively 91 large, complies with all other Code requirements, and limits removal to 6 of 22 trees. In light 92 of this, Planning Division staff finds, in this instance, the requirements of §1011.04.J.8 to be 93 overly rigid, limiting home design and placement on a wooded lot. Furthermore, the 94 Division views the consequences of §1011.04.J.8 to be burdensome for single-family 95 residential construction, no matter how well-intentioned this requirement was when adopted. 96 d. There are unique circumstances to the property which were not created by the landowner. 97 The unique circumstance of this request is more directly related to the requirements of 98 §1011.04 of the Zoning Code than it is to a unique characteristic of the property. However, 99 one could observe that having a wooded lot is a unique circumstance for a residential lot in 100 Roseville. That said, §1011.04 and the heightened requirements of §1011.04.J.8 amended 101 into Code in 2014 create unintended consequences for single-family homeowners with 102 wooded lots. Although the Whitcomb’s are removing just 6 trees, three are heritage trees 103 that have a 2 to 1-inch multiplier. The end result of removed treesversus preserved trees is a 104 requirement to plant 77 caliper inches of trees or 26 trees 3 caliper inches in diameter. While 105 planting 26 trees may appear to be unassuming, the process is cumbersome when combined 106 with the process of building a new home and the fee for not seeking out lots to plant the trees 107 is overly burdensome for a residential property owner’s home construction budget. Lastly, 108 an maybe more importantly, the proposed home cannot physically be built anywhere else on 109 the property to avoid removal of the heritage trees that are causing the replacement figure to 110 be so extensive. 111 e. The variance, if granted, will not alter the essential character of the locality. Planning 112 Division staff has determined the requirements of §1011.04, and more specifically 113 §1011.04.J.8, were not developed, nor intended, to be unreasonable or burdensome to single- 114 family home owners building homes on vacant wooded lots. With that said, this variance 115 seeks allowance to plant 3 to 5 trees on the property, as opposed to 21 trees. Additionally, 116 the variance seeks permission to avoid the process of being required to seek out locations 117 within 1,000 feet of the lot to plant the remaining 21 trees or to pay the required replacement 118 tree fee of $500 per tree, which results in an overall fee of over $10,000. The Planning 119 Division has determined the granting of this variance for the property at 907 Burke Avenue 120 will not alter or significantly change the character of the property or the surrounding 121 neighborhood. PF19-013_RVBA_907Burke_071019 Page 3 of 4