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Zoning File #1884 <br />October 15, 1993 <br />Page 2 <br />clearing" is defined in Section 10.56, Subdivision 3.13 as "the complete removal of trees or <br />shrubs in a contiguous patch, strip, row, or block." <br />The property owner upon notification of the violation indicated a knowledge of the code <br />prohibitions on tree cutting. This property owner has been before the Council in the past for <br />grading violations in the 0-75’ zone in conjunction with their previous residence on Maxwell Bay <br />(see Exhibit L). <br />The property owner was issued a violation citation, told to do no further work to remove <br />the stumps which remain today as evidence of the violation, and advised to make this after-the- <br />fact application. Staffs intent for the application process in this case is not to ultimately have <br />the after-the-fact variance approved, but to deny the variance and have Planning Commission <br />and Council review and approve a restoration plan. This is in line with the DNR comments <br />dated October 14, 1993 (Exhibit J). <br />Extent of Clearing <br />Please review Exhibit E. In the north«;rly 1/3 of the 0-75’ zone, three trees 6" or greater <br />in diameter were removed. Two 24" maples and one 30" other hardwood remain. What does <br />not show on the sketch is that approximately two dozen 2" to 6" trees were removed, as well <br />as two to three dozen 0 to 2" tree-. The stumps of all trees are clearly evident if you visit the <br />sue. <br />In the southern third of the 0-75’ zone, the surveyor has identified the location of seven <br />stumps with diameter 6" or greater (staff noted nine such trees, see photos). Again, <br />approximately two dozen 2" to 6" trees were also taken and a virtually uncountable number of <br />0 to 2" trees and shrubs that were likely 3’ to 15’ in height. Note that no grading was done in <br />the 0-75’ zone. <br />Restoration Plan <br />Please see Exhibit I. Applicant’s landscape designer proposes to replant Linden and Ash <br />species to replace the 6"+ diameter trees removed. He has indicated to sta<i that these trees <br />would be in the 4" to 5" caliper range, the largest size he would expect to survive transplanting <br />in this area. On the north 0-75’ area, he proposes three trees to repla< e the three 6"-»- trees that <br />were removed. In the south 0-75’ he proposes six trees, plus three along the lot line adjacent <br />to the neighbor’s tennis court and just outside the 0-75 zone. <br />Although he has not specifically proposed any additional trees or shrubs to compensate <br />for the many smaller trees that were cut, he has indica*ed verbally that gray twig dogwood <br />would be a suitable understory planting.