20220817-003: 1609 Nueces, 2022-018844 TP Staff Presentation — original pdf
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1609 Nueces St: Heritage Tree Variance Appeal August 17, 2022 Naomi Rotramel, City Arborist Development Services Department ITEM FOR ENVIRONMENTAL COMMISSION COMMISSION MEETING DATE: August 17th, 2022 NAME & NUMBER OF PROJECT: 1609 Nueces St. 2022-018844 TP NAME OF APPLICANT OR ORGANIZATION: Ronald Rodriguez LOCATION: 1609 Nueces St. COUNCIL DISTRICT: District 9 CITY ARBORIST: NAOMI ROTRAMEL NAOMI.ROTRAMEL@AUSTINTEXAS.GOV ORDINANCE: REQUEST: Heritage Tree Ordinance - LDC 25-8-643- Land Commission Variance The applicant is appealing the City Arborist denial of application. The applicant is requesting the removal of a Heritage Tree with a single stem 30 inches in diameter or larger. STAFF RECOMMENDATION: The request does not meet the City Arborist approval criteria in LDC 25-8-624(A)(1)(2)(3). The variance is not recommended. 2022-018844 TP- 1609 Nueces St. • Case Description • Case Timeline • Staff Findings – Condition of Heritage Tree – Staff Measurements • Variance Request • Staff Recommendation Case Description • The applicant is requesting the removal of a Heritage Pecan. • This case is an appeal of the City Arborist’s determination to deny an administrative variance for the removal of a Heritage tree at 1609 Nueces St. • The site is zoned GO (General Office) and is in District 9. Case Timeline • Feb. 10th, 2022 - A Tree Ordinance Review Application (TORA) was submitted to the Development Services Department’s online application portal. Trunk diameter was listed as 24” on the application. • Feb. 2022: Google street view Case Timeline (cont.) • Feb 11th, 2022 – Application passed completeness check. • Feb 28th, 2022 – Application was denied on the 10th working day (excluding President’s Day). City Arborist staff found that there was insufficient information provided to qualify this heritage tree for removal under Dead, Diseased, or Imminent Hazard Criteria in LDC 25-8-624. City Arborist staff notified applicant the application was denied and if the applicant would like to continue with application, a comprehensive narrative report from a qualified arborist was needed. • • June 13, 2022 – Applicant contacts staff regarding review timeline. June 13, 2022 – Staff responds to applicant the review deadlines are consistent with how the City counts review days. Case Timeline (cont.) • June 24, 2022 – Staff receives a Service Estimate Client Service Form dated 6/22/22 from an arborist company. o The service estimate lists the tree diameter at 29”. The client service form did not provide sufficient evidence to determine the health of the tree or risk. Staff Findings • August 9 & 10th, 2022 – City Arborist and Board Certified Master Arborist staff visited site to confirm condition and measurement. • Tree is determined to be in fair condition. • Guide to measuring trees is located in the Environmental Criteria Manual 3.3.2. Staff photo Staff Findings (cont.) • Staff determined the tree is 30-30.5 inches in diameter with an inch of bark removed. Staff Measurements • Measurement 1 @ 4.5’ (standard DBH) above grade: 30.5 inches diameter Staff Measurements (cont.) • Measurement 2 @ 3.6’ above grade: 29.5” Staff Measurements (cont.) • Measurement 3 @ 3’ above grade: 30.3” Bark Removal Depth Variance Request • The applicant is appealing the City Arborist’s denial of application as allowed by LDC 25-8-644. The applicant requests removal of a Pecan with a stem 30 inches in diameter or greater as allowed under LDC 25-8-643. Staff Recommendation • The City Arborist does not recommend removal. • The request does not meet Code criteria as dead, diseased, or imminent hazard and the applicant has not applied for and been denied a variance, waiver, exemption, modification, or alternative compliance from another City Code provision which would eliminate the need to remove the heritage tree, as required in Section 25-8- 646 (Variance Prerequisites).