HomeMy WebLinkAboutRe: vegetation removal/replacement .�, o,�,.
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;',,� ,��,� ����; ��. ,, �i CITY of ORONO �
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�$'Egg04' 2150 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323-0066
September 19,2003
Jeffrey&Brenda Bowen
445 Linden Ave
Long Lake, MN 55356
RE: Vegetation Removal
PIN 06-117-23-41-0108
This letter is regarding the unfortunate removal of trees on your property at 445 Linden Avenue
within the City of Orono. Removal of individual trees of 6" diameter and intensive vegetation
clearing within 75' of a lake or on a slope greater than 30% is strictly prohibited without prior
City approval.
Orono City Code 10.56.15(I)states:
1. No live tree within 75 feet of the shoreline or within the bluff impact zone with a diameter of 6
inches or more (or 19 inches in circumference or greater) measured 3 feet above the ground may
be removed without frrst obtaining a permit from the City provided that at least the equivalent
nu»zber of replacement trees of a size and nature jound acceptable to the staff are planted at the
same setback from the shoreline as those removed.
2. Intensive vegetation clearing within 7S feet of the shoreline, on steep slopes or within the bluff
impact zone within the Shoreland Overlay District is prohibited. Limited clearing of shrubs and
trees less than 6 inches in diameter and cutting, pruning and trimming of trees of arry size is
allowed to provide a view to the water from the principa!dwelling site and to accommodate the
placement of permitted stairways and landings, picnic areas, access paths, beach and watercraft
access areas, and permitted lockboxes,provided that the screening of structures, vehicles or other
faci[ities as viewed from the water, assuming summer, leaf-on conditions, is not substantially
reduced.
The vegetation removal on your property is in violation of the above referenced codes. City Code
requires that the trees which were removed be replaced. In order to accomplish this, a restoration
plan from a landscape professional must be submitted for review and approval by City Staff and
City Council.
Your cooperation in this matter is appreciated. Please don't hesitate to contact me at
952.249.4627 if you have any questions.
Sincerely, .
Melanie Foth
City Planner
c: Tom Barrett,City Attorney
Telephone(952)249-4600 • Faac(952)249-4616
www ci.orono.mn.us
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����; �� � � ��¢�,�.� Street Address: Mailin�Address:
���Eg�IO;./ 2750 Kelley ParkwaY P.O. Box 66
Nove ber 10, 2003 Orono, MN 55356 Crystai Bay, MN 55323•0066
Jeffrey& Brenda Bowen
445 Linden Ave
Long Lake, MN 55356
RE: Vegetation Removal
PIN 06-117-23-41-0108
This letter is in response to the proposed plan by Ron Bowen of Prairie Restorations,
Inc. for vegetation restoration on your property. Planning Department Staff have
reviewed the Prairie Restoration plan and find it to be appropriate for the remediation
on your property.
In order to expedite your process and get your trees planted before winter you proposed
a one for one tree replacement, meeting the literal requirement of Orono's Zoning
Ordinance. Planning Department Staff granted administrative approval of your
proposal in order to facilitate your request rather than bringing your proposal in for City
Council review.
While the tree for tree plan you have implemented is an acceptable alternative, it likely
is somewhat more intense than City Staff would have recommended based on our visit
to the site last week. The type and close proximity of each newly planted tree to each
other will likely not result in equivalent height or girth of the trees removed. Staff has
had significant time for review and inspection and determined that due to the site
conditions and existing tree coverage on your property a more appropriate plan would
not necessarily be a tree for tree replacement. Therefore, the plan submitted for your
property by Prairie Restorations, Inc has been deemed acceptable by Staff. No review
by City Council is needed, however, and based on your plantings we consider the
matter closed in regards to your property.
Please don't hesitate to contact me at 9�2.249.4627 if you have any questions.
Sincerely,
�' v l� .
Melanie Foth
City Planner
c: Tom Barrett, City Attorney
Ron Bowen, President, Prairie Restorations, Inc
Telephone(952)249-4600 • Fax(952)249-4616
www ci.orono�n.us
ME1�fORAtiDUM
Date: November 19,2003
To: Ron Moorse, City Administrator
From: Melanie Foth, City Planner �/""`'
RE: Informational memo regarding tree removaLs at:
445 Linden Ave & 42�Tonkawa
Tree removals within 7�' of the shoreline require permits from the City per Zoning Code
78-128�. In September 2003, the City �ti-as 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
Tonka«-a 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, �•iolation letters (attached) were sent to each property owner as
unperm.itted 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 Bo��•en submitted a 1:1 tree replacement plan for the trees removed on their property.
Mr. Bo«en'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 «-as warranted. Mr. Bowen
also submitted a plan to the City that the Knights' contractor, Prairie Restorations, Inc.,
had prepazed 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
propem-.
Staff also received a restoration plan for the Knight property. On Friday, October 31,
staff inet 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 Bo«-ens' 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 tre�s remain between tl��e house and the lake. The
new replacement trees «�ere spaced so closely that staff suspects they will not thrive as
well as if they were more ��-idely spaced. They are replacing tall overstory trees; in time
staff feels that they will thin themselves out naturally.
For the Knight property, the visual impact of the removals was minimal in the context of
the entire property, where a substantial number of mature trees remain between the house
and the lake. Staff was more concerned about the natural lack of ground cover due to the
high canopy that had been shading the site for years. The plan proposed by Prairie
Restorations included a few deciduous overstory trees, a number of lower trees and
shrubs to re-establish an understory, and ground covers including grasses that would
stabilize the slopes and minimize erosion. Staff has reviewed and found this preliminary
plan acceptable. Staff will expect submittal and approval of a final plan with expects
implementation by the spring.
In staff's opinion, the final outcome of a tree-for-tree replacement for both properties
would not be appropriate based on the existing conditions on the property. And a plan
with a variety of plantings would be acceptable.
Staff sent letters (also attached) to both property owners with comments regarding their
submitted restoration plans.
On Monday, staff received a phone call from Brenda Bowen 445 Linden Avenue. Mrs.
Bowen has concerns that the City has not followed through with punishing the Knights
for their violation to the Bowens property. It appeazs it is the Bowens' opinion that the
Knights should be held financially responsible for the removals on the Bowens property.
However, the financial issue is a civil matter between the two property ow�ners and the
City has no authority to force the Knights to pay the Bowens for damages. Staff
informed Mrs. Bowen of the requirements and limitations of the City Code in this
situation and she remained unsatisfied with staffls decision.
4
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Minnesota Statutes 2002, 561.04 Page 1 of 1
Minnesota Statutes 2002, Table of Chanters
Table of contents for Chapter 561
561.04 Trespass; treble damages.
Whoever without lawful authority cuts down or carries off
any wood, underwood, tree, or timber, or girdles or otherwise
injures any tree, timber, or shrub, on the land of another
person, or in the street or highway in front of any person's
house, city lot, or cultivated grounds, or on the commons or
public grounds of any city or town, or in the street or highway
in front thereof, is liable in a civil action to the owner of
such land, or to such city or town, for treble the amount of
damages which may be assessed therefor, unless upon the trial it
appears that the trespass was casual or involuntary, or that the
defendant had probable cause to believe that the land on which
the trespass was committed was the defendant's, or that of the
person in whose service or by whose direction the act was done,
in which case judgment shall be given for only the single
damages assessed. This section shall not authorize the recovery
of more than the just value of timber taken from uncultivated
woodland for the repair of a public highway or bridge upon or
adjoining the land.
HIST: (9585) RL s 4449; 1973 c 123 art 5 s 7; 1986 c 444
Copyright 2002 by the Office of Revisor of Statutes, State of Minnesota.
h e eg e h
rrcuru��►� 10/20/2003
OTTEN BROS.
' ' ` Work Phone
O�ce 8 Garden Center. 2350 W.Wayzata Bivd,Long�Lake Home Phone 952-475-3633
N,��=,1g Address: PO Box 249,Long Lake,Minnesota 55356 Fax �
Phone:.(952-473-5425 Fax: (952)-473-7232 �
Cell Phone r �
JEFF BOWEN �J,' �
Job Name
445 Linden Ave. ✓ob address � �a �2j
G ��8
Orono MN 55356 Hud.Cord. '�" � ��
�estyner Ma�k Kobilka
)ob Description:
Plant trees along property line where existing trees were removed.Trees to be hand lowered on slope. Spruce trees are to restore privacy
to tram as undergrowth was also cut down.
�y Material Material Total Material&Labor
3 Sugar Maple 2.5"bb 1,497.00 1,497.00
�� Sugar Maple 2"bb 1,197.00 1,197.00
3 Seediess Ash 2.5"bb 1,197.00 1,197.00
• 1 Red Oak 2"bb 399.00 399.00
� � Northern Pin Oak 2"bb 798.00 798.00
3 American Linden 2"bb 987.00 987.00
90 Roots II 135.00 135.00
2.5 Planting Soil--if needed 67.50 67.50
r 22 Shredded Mulch bags 130.90 130.90
6 Breathable Tee Wrap 19.50 19.50
i Equipment and Labor 0.00 5,840.00
1 Add. Labor to Hand Transport Tree 12� 2,500.00 .
�-����. :�'�- C t��� c�o� ��
� subtotai �e- ��7�1,�°
Down Payment ' � °`
Date Paid � } � Check # Tax 483.92
' Tota I $16,148.82
Otten Bros. will hereby fumish material and labor-complete in accordance witht he above specfications for the sum of:
Sixteen Thousand One Hundred Forty Eight and 82/100 DOLLARS $16,148.82
Payment to be made as follows�
Deposit(at least 20%) �G�7-� Balance due upon completion,a 1.5%service charge per month will be added
after 30 days. No warranty or replacements will be made until project is paid in full. A 2%fee will be charged for any landscaping
paid with a credit card.
Acceptance: The above priCes, SpeCifiCatiOns Note: This agreement may be withdrawn by us if not
accepted within days.
and conditions are satisfactory and are hereby accepted.
1 have read this contracf including the terms and provisions Date 1 �a�
on the reverse side and agree to its terms.
��n Bros. Nursery& Landscaping, Inc. is authorized to do S/GNATURE /
tr,c`work as specifred. Payment will be made as outlined
above. � '�� ��'
AUTHOR/ZED SIGNATURE l 1 ��,''