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05-12-04 v•. MINUTES OF REGULAR MEETING OF TREE CONSERVATION BOARD May 12, 2004 A regular meeting of the Tree Conservation Board was held on May 12, 2004, in the Adele Grage Cultural Center. Present were Chair Maureen Shaughnessy, Charles Carroll, Susan Grube, Bill Permenter, Building Official Don Ford and Recording Secretary Susan Dunham. Absent was Jim McCue. 1. Call to Order The meeting was called to order at 7:05 p.m. 2. Recognition of Visitors None. 3. Anuroval of Minutes of the Meetins of March 24, 2004 and Apri114, 2004 A motion was made by Board Member Permenter, seconded by Board Member Carroll, and unanimously carried to approve the Minutes of March 24, 2004 and April 14, 2004, as written. 4. New Business A. Tree Removal Applications: 1. 1750 Beach Avenue: Building Official Ford informed the Board that he advised the applicant to re-mark the lot but he did not hear back from the applicant. He stated that he could not verify what was to be removed and what was to be protected for mitigation and, therefore, the application was to be withdrawn. Z. 1915 N. Sherry Drive: Building Official Ford distributed an update to the board members. He advised that he verified that the trees to be removed were a 12" oak and a 12" palm located in the exterior zone. A motion was made by Board Member Permenter, seconded by Board Member Carroll, and unanimously carried to instruct the Building Official to issue a permit for the removal of one 12" oak and one 12" palm to be mitigated on site with 6" of oak and 6" of palm. Board Member Permenter instructed the applicant that oaks planted for mitigation must be no smaller than 4." 3. The westerly 125 feet of Lots 1, 2 and 3, Bock 2, Donners Replat No. 2 (Park Street): Mr. Michael Phillips introduced himself. Building Official Ford advised that he could not determine what had been cleared from the lot or the location from where the trees were removed. He suggested that the board take the interior zone as the square footage that was cleared. Mr. Phillips informed the board that this property was being developed for commercial use. He stated that the person he bought the property from was supposed to clear the brush but he got too excited and removed trees. Mr. Phillips advised that he would like to remove trees 1-5, the trees Minutes of May 12, 2004, Regular Meeting of Tree Conservation Board Page 2 ~,"' already removed were numbered 10, 11 and 12 (as indicated in the application) and all other trees would stay. Board Member Permenter stated that the board's options were to either 1) asses a dollar per square foot for the interior of the lot cleared; or 2) refer this matter to the Code Enforcement Board. Boazd Member Permenter asked the applicant how he would like to mitigate for the trees removed. Mr. Phillips indicated that he would do whatever was right and would plant back on the lot if needed. Building Official Ford stated that if the board deducted the setbacks, the mitigation per squaze foot on the interior lot would be $12,100. Mr. Phillips advised that he would accept the responsibility. Building Official Ford advised that the applicant did not include trees along the property line which could possibly be used for mitigation. He suggested that the applicant prepare a more accurate survey and a landscaping plan indicating where the trees would be planted. Mr. Phillips stated that he would attempt to obtain these documents in time for the next meeting. A motion was made by Board Member Permenter, seconded by Board Member Carroll, and unanimously carried to defer this item to the next Tree Conservation Board meeting. 4. Lot 5, Block 182, Section H (Camelia Street): Mr. Larry Smallwood introduced himself. Building Official Ford confirmed that the measurements of the trees on the application were correct. A motion was made by Board Member Permenter, seconded by Board Member Carroll, and unanimously carried to instruct the Building Official to issue a permit for the removal of a 15.28" palm, a 11.46" palm and a 22.29" oak to be mitigated on site with the 22.29" oak (Tree E). 5. Lot 3, Block 56, Section H (W. 14th Street): Mr. Larry Smallwood represented this application also. Boazd Member Permenter stated that the only tree that required mitigation was the 6.36" oak in the exterior zone (Tree A). A motion was made by Board Member Permenter, seconded by Board Member Carroll, and unanimously carried to instruct the Building Official to issue a permit for the removal of a 6.36" oak, a 6.36 oak, a 5.73" oak, an 11.46" palm and a 11.46" palm to be mitigated on site with the interior 7" oak (Tree "E"). 5. Old Business 14 Dutton Island Road East: Building Official Ford advised that he received a memo from the Code Enforcement Officer advising that legal counsel was reviewing the request to have the property at 14 Dutton Island Road East fined for removing trees without a permit (memo attached and made a part of these minutes). 6. Reports and Announcements Issuing Permits: Building Official Ford advised that he was required to issue permits within 15 days of application. Therefore, he stated that since the board had not met for the last two meetings, he would prepare a brief one page report listing each application he addressed and the mitigation assessed. Minutes of May 12, 2004, Regular Meeting of Tree Conservation Board Page 3 "~"' Protected Corridor Ordinance: Board Member Permenter suggested that the Board propose no change to the ordinance as submitted with a review in three years. He stated at that time if the ordinance worked, apply it to the rest of the city. Discussion was held with regard to property rights for trees located on private property. The Board requested that Building Official Ford draft a letter to the City Commission stating: 1) that the board is in agreement with moving forward with the ordinance as is; and 2) that they consider this a pilot program for a period of time to determine if the City keeps it as is, expands it to include the rest of the City or removes it. A motion was made by Board Member Permenter, seconded by Board Member Carroll, and unanimously carried that a letter be sent to the Mayor and Commissioners stating the following: that the original intent in the ordinance remains the same; they share their concerns; use it as a pilot program with a definite time to review it and either keep it as it is expand it or remove it. Trees Marked with Orange Tape at Seminole Road and Ocean Boulevard: Board Member Permenter expressed concern that two trees were marked with orange tape at the corner of Seminole and Ocean. Building Official Ford stated that surveyors were working around town for the purposes of determining elevations. Meeting Attendance: Building Official Ford asked that the board members call him if they would not be able to attend a meeting. ''"~ 7. Adjournment The meeting was adjourned at 8:14 p.m. ~~~ Maureen Shau ess Chair ~ Y~ April 28, 2004 To: Tree Board CITY OF ATLANTIC BEACH 800 SEMINOLE ROAD ATLANTIC BEACH, FLORIDA 32233-5445 TELEPHONE: (904) 247-5800 FAX: (904) 247-5805 SUNCOM: 852-5800 http://ci. atlantic-beach.fl. us From: Alexander J. Sherrer, Code Enforcement Officer Subject: Apri121, 2004 Hearing Request For Tree Removal At 14 Dutton Island Rd E Do to procedural questions involving the presentation of this case and a need to confer with legal council I will not be able to present your case at the May 11, 2004 meeting of the Code Enforcement Board. However, so as not to delay the process any more then necessary, a special meeting of the Code Enforcement Board will be scheduled as soon as the Prosecuting Attorney is satisfied that all procedural requirements are met. I apologize for the delay, but feel this is necessary to ensure that this case is properly presented in the unlikely event that an appeal is brought before the Circuit Court. G~~J~~~~~~~G'~'7 ALEXANDER SHERRER Code Enforcement Officer