PZ 08/14/2013 Minutes - Laserfiche WebLink

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Planning & Zoning Commission/ Local Planning Agency August 14, 2013 Page 7 Ms. Marie Regan, Planner II, reviewed the information provided in her memorandum dated August 14, 2013, to the City of Casselberry Planning and Zoning Commission (a copy is on file in the Community Development Department). Ms. Regan presented a PowerPoint presentation (a copy is attached and made a part of the minutes). Ms. Regan stated Staff finds that a reduction to the inch for inch replacement is warranted as the site is well treed and there is limited space to accommodate all trees required. She said as some of the locations are not ideal for trees to thrive, staff recommends tree replacement of 2 trees at 2.5" DBH at locations 3 and 4 as shown in the PowerPoint presentation and payment for the remaining 6 trees to be made into the tree bank at the minimum of $220 per tree for a total of $1320. Ms. Regan said a payment must be made into the tree bank within 60 days of approval. Ms. Regan requested the Planning and Zoning Commission make a determination on the applicant's request. Ms. Regan said that staff's recommendation has taken into account the issues related to the site and therefore, while adhering to the adopted City Code has proposed tree replacement and a reduction to the tree bank contribution. She said the reduction is made from a required payment into the tree bank fund of $88 per inch from $3,388 to $1,320 plus 2 trees at minimum 2.5 DBH. After a brief discussion regarding the proposed changes to the City's tree replacement requirements, Mr. Hale asked the applicant to come forward. The applicant was not present at the meeting. Mr. Hale asked if there was anyone in the audience who wished to speak in favor of, or in opposition to, the request. Mr. James Fraleigh, 23 Teresa Court, Casselberry, Florida came forward. He said that his father sat on the Planning and Zoning Board for 35 years in Hamilton Township, New Jersey. He said they were required to have ample room around any structure to provide access for a fire truck. Mr. Fraleigh said the City is forcing people to plant trees so the City can have a flag out in front of City Hall for Tree City. He said this is ridiculous. He questioned why anyone in their right mind would want to come to Casselberry. He said he wants to see this nonsense stopped. Mr. Fraleigh said if the City wants to come up with a new standard it will need to be enforced consistently. He said selective enforcement of the law is illegal. Mr. Fraleigh said the Commission should grant the variance. A general discussion ensued regarding granting the waiver, the current/proposed tree replacement requirements and postponing tree replacement waiver requests until the proposed changes to the replacement requirements are finalized.