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MEMORANDUM Date: November 19,2003 To: Ron Moorse, City Administrator From: Melanie Foth, City Planner RE: Informational memo regarding tree removals at: 445 Linden Ave & 425 Tonkawa Tree removals within 75' of the shoreline require permits from the City per Zoning Code 78-1285. In September 2003, the City was notified of unpermitted tree removals on the two above-noted adjacent properties within the 75' setback of Lake Minnetonka. The Bowens (property owners at 445 Linden Ave.) contend that the Knights (owners at 425 Tonkawa Ave.), mistakenly removed trees on the Bowens property as well as their own; the Knights have since confirmed that their contractor did remove the trees on both properties. Because Orono Code does not speak to the party responsible for the removal, but rather to the act of cutting trees, violation letters (attached) were sent to each property owner as unpermitted tree removals occurred at each property. Each was requested to submit a replacement plan, as the code would generally require a tree for tree replacement. Jeff Bowen submitted a 1:1 tree replacement plan for the trees removed on their property. Mr. Bowen's wish was to implement his plan before the planting season was over and asked staff to expedite his approval. The Bowen's had just put their property up for sale, so the tree removal was seen as an immediate liability. As the Bowens' plan was a one- for-one replacement, staff felt that an administrative approval was warranted. Mr. Bowen also submitted a plan to the City that the Knights' contractor, Prairie Restorations, Inc., had prepared for the restoration on the Bowens property. Mr. Bowen requested comments from the City as to the appropriateness of the Prairie Restoration plan for his property. Staff also received a restoration plan for the Knight property. On Friday, October 31, staff met with Prairie Restorations and the Knights at their property to review their proposal for remediation. At that time, staff evaluated the Knights' property as well as the Bowens' property next door. It was noted by staff that the replacement trees had been installed at the Bowens' property. Staff concluded that a tree-for-tree replacement on either property was not necessarily warranted. For the Bowen property, the removals were primarily along the northerly lot line on a relatively steep slope. Many trees remain between the house and the lake. The new replacement trees were spaced so closely that staff suspects they will not thrive as well as if they were more widely spaced. They are replacing tall overstory trees; in time staff feels that they will thin themselves out naturally.