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IX): <br />FROM: <br />DAl'K: <br />Mayor IVlci son :uul Council Members <br />Ron M(M>rse, City Admiiiislralor <br />jaiiiiary 10, 2(K)5 <br />SUBJECT : Vogstrom Tree Replacement and Variance Application <br />The issue regarding the replacement of trees illegally clear-cut on the Vogstrom property, and <br />additional trees illegally removed from the adjacent property (Essen's), has been identified but <br />not addres.sed as part of the Council’s review of the Vogstrom variance application. The Council <br />has been under the impression that Mr. Vogstrom was making gi)ud faith efforts to reach <br />agreement with the neighbor regarding tree replacements, and was working toward a tree <br />replacement plan for the Vogstrom property. It is stafTs understanding that an agreement has not <br />been executed between Mr. Vogstrom and the Essens. Mr. Vogstrom has provided a tree <br />replacement plan for hii own property that has been reviewed by staff. But there is no written <br />agreement between Mr. Vogstrom and the City regarding the completion of the tree <br />replacements. <br />There has been concern expressed about the impact on water quality of the clear-cut i».nu)val of <br />trees from the Vogstrom property, and the removal of trees from the adjacent property, <br />particularly as it relates to the construction of a new house on the Vogstrom property. I hc <br />easiest way to resolve this concern is to put in place agreements regarding specific tree replanting <br />plans, on both the Vogstrom properly and the E.ssen property, so that the City has assurance that <br />Uie run-off issue will be resolved. These agreements need to be in place prior to Council action <br />regarding Mr. Vogstrom’s variance application. <br />If the tree replanting agreements are unavailable, the relationship between the tree removals and the <br />variance application requires an in-depth analysis of the impact of the tree removals on run-olTand <br />water quality to clarify the extent of the relationship between tlie tree removals and Mr. Vogstrom's <br />building plans, including the variance application. This study should be the responsibility of the <br />applicant.