PPT Item # 3 - 111 Katherine Ct (Tree Preservation - Appeal)

COMMUNITY DEVELOPMENT
Presented by:
Lety Hernandez
Director
111 KATHERINE CT
CHAPTER 5 – TREE PRESERVATION
ITEM # 3
AUGUST 24, 2026

PROPERTY
 MF-D
 North side east of
Broadway St
 Chapter 5 – Tree
Preservation

SUMMARY
 Applicant is seeking approval to apply tree plantings
required by current zoning regulations towards
mitigation requirements per Chapter 5, Building and
Building Regulations.
 Requesting waiver to required mitigation – apply
additional tree plantings and/or mitigation fees.

BACKGROUND
 11/23/2022 – Permit request approved
 01/30/2023 – Permit issued
 Trees Removed
 Heritage – 11
 Non-Heritage – 14
Note: Permit not required for trees <8” DBH – 7

PROPERTY
Existing Tree Plan - 2022
Removals
• Non-H = 14
• Heritage = 11
• Inches = 272

EXISTING CONDITIONS
*Mitigation not approved with building permit. Issuance approved with condition that outstanding landscaping plan, including
mitigation, is provided for further staff review and approval. All landscaping and mitigation must be completed before final.

POLICY ANALYSIS
Section 5-8 - Appeals
(b) Administrative appeal shall be to the director or fire chief as applicable, and
then if agreement cannot be reached the appeal shall be forwarded by the
director or fire chief to the city manager for review.
(c) If agreement cannot be reached through the administrative appeal process,
the applicant shall have the right to appeal to the board of appeals as described
in such codes or equivalent in any code adopted by this chapter. The city
manager or city manager's designee in consultation with the mayor shall appoint
the board of appeals, consisting of members within the appropriate expertise(s).
The board of appeals, as appointed, shall perform the functions required of the
board of appeals in such codes or equivalent in any code adopted by this
chapter.

POLICY ANALYSIS
Section 5-8 - Appeals
(d) If the applicant disagrees with the ruling of the board of appeals, the applicant may
appeal to the city council for final ruling.
(e) Requests for appeal to the board of appeals, or thereafter to the city council, require a
written application for appeal be submitted to the director's or fire chief's office within
twenty (20) days after the day the previous ruling, decision, notice or order was served or
provided. An application for appeal must state and shall be based on a claim that the true
intent of the code or the rules legally adopted thereunder have been incorrectly
interpreted, the provisions of the code do not fully apply, or the requirements of the code
are adequately satisfied by other means. Any application for appeal shall include code-
specific related discussion points which provide rebutting information to the original code
application, or interpretation.

POLICY ANALYSIS
 Sec. 5-155 – Tree Removal Permits
 (b) The director shall issue a tree removal permit with no fee
required if a heritage tree is:
 (1) Determined by a certified arborist to be diseased or
dying and is considered a hazard due to such condition,
or is considered a hazard due to natural events,
including, but not limited to, tornados, floods, storms, or
other acts of God or by other events. Determination must
be submitted in writing to the director’s office prior to
removal of the tree.

POLICY ANALYSIS
 Sec. 5-156 – Heritage Tree Removal Mitigation
 (a) A property owner/authorized agent requesting removal
of a designated heritage tree which is not certified to be
diseased or dying is required to provide mitigation
requirements if approved by the director

POLICY ANALYSIS
 Sec. 5-156 – Heritage Tree Removal Mitigation
 (a)(4) Fees in lieu of mitigation. A property
owner/authorized agent required to provide mitigation
shall plant additional trees on the property for which
mitigation is required in accordance with Section 5-156(a),
or shall pay a fee in lieu of planting additional trees in
accordance with the following:
 a. A fee of three hundred dollars ($300.00) shall be paid
per inch of required mitigation for each heritage tree
removed.

POLICY ANALYSIS
 Removal of fourteen (14) Heritage trees
 Determination by certified arborist not submitted prior to
removal
 Inches removed: 272
 Mitigation Fee at $300 per inch: $81,600
 Requesting waiver to required mitigation – apply additional
tree plantings and/or mitigation fees
 No public notice required.

PPT Item # 3 - 111 Katherine Ct (Tree Preservation - Appeal)

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PPT Item # 3 - 111 Katherine Ct (Tree Preservation - Appeal)