HomeMy WebLinkAbout10.E.1 Appeal of Penalty for Unauthorized Tree Removal Assessment for Eternity Homes- 1995 Evergreen Ln pwtA General Business 10. E. 1.
SHAKOP E
TO: Mayor and City Council
FROM: Jacob Busiahn, Natural Resources Technician
DATE: 09/17/2013
SUBJECT: Appeal of Penalty for Unauthorized Tree Removal Assessment for Eternity
Homes--1995 Evergreen Ln(B)
Action Sought
The City Council should hear the appeal by Eternity Homes to reduce or dismiss a monetary
assessment for the unauthorized tree removal, for action at 1995 Evergreen Ln. in Shakopee.
Background
On August 23, 2012, the City issued a building permit to Eternity Homes for a single family
home at 1995 Evergreen Lane, Shakopee, MN. Previously, Eternity Homes had submitted a
survey dated 7/13/11 (attachment 1) showing it was to remove two trees, and install a tree
protection fence and silt fence approximately 15 feet behind the proposed house location. City
staff completed a Woodland Management Evaluation and Compliance form for the property on
8/20/12 (attachment 2), which required a tree protection fence as shown on the survey dated
8/16/11 (attachment 3). That reflected the placement shown on the survey submitted by Eternity
Homes. An as-built survey was submitted to the City by Eternity Homes dated 11/9/12
(attachment 5), which showed an altered tree line approximately 55 feet behind the constructed
house. The trees removed behind the required tree protection fence were not authorized by the
City.
On May 21, 2013, Building Inspector Jim Davis by telephone notified the field supervisor for
Eternity Homes, Kevin Schultz, that the final grading as-built approval had been revoked because
of severe erosion problems on the site. That information was reiterated in a letter of August 21,
2013 from Mr. Davis to Eternity Homes.
On the 10th of July, 2013, the City notified Eternity Homes that it was being fined (assessed)
$18,500 (or to provide for the installation of 74 caliper inches of replacement trees) as a result of
unauthorized tree removal at 1995 Evergreen Lane, Shakopee, MN (attachment 6). The amount
of the fine was determined using City Code Sec. 11.60 Subd. 9.
Measurement was performed on existing stumps on said property, which showed removed
trees with diameters of 9 inches, 8 inches, 10 inches, and 10 inches, for a total of 37
inches. City code requires a payment of$500 per diameter inch for unauthorized removal of
trees. City Code (Sec. 11.60 Subd. 9.) also sets a tree replacement ratio of two caliper inches for
every one inch diameter at breast height remove per inch removed.
An examination of aerial imagery of the location and adjacent lots would indicate many more
trees were removed than for what is being assessed.
It should be noted that Eternity Homes also built the house on the lot adjacent to, and directly east
of 1995 Evergreen Ln. This property had required replacement trees due to the removal of
existing trees on the lot. This indicates that Eternity Homes had been aware of the tree
replacement requirements listed in City Code.
The area of unauthorized tree removal has a fairly steep slope, which led to a significant amount
of erosion after the vegetation was removed. It caused washouts across the entire back yard, and
moved a substantial amount of sediment from the front and sides of the site down the slope.
This resulted in a raising of the grade around the remaining trees on the site of up to 18 inches,
which will inevitably stress and kill those existing trees. They will eventually have to be removed
by the owner of the property. (This issue was also recently found on the property directly east of
1995 Evergreen which Eternity Homes built). Photos of site are attached.
Mr. Pat Flynn of Eternity Homes counters that he had received oral approval from Building
Inspector Davis to make these modification, and has therefore asked to appeal the assessment
amount to the City Council. For this reason, it is on the September 17th agenda for the Council to
consider.
Recommendation
Council should hear the appeal, and indicate what, if any, change to the assessment should be
made.
The Council should also direct staff to establish a formal apeeal process. Logically, the
Environmental Advisory Commission should first hear and seek to resolved issues which can't be
handled at a staff level. The City Council would be the final authority.
Budget Impact
No City impact.
Relationship To Visioning
B. Positively manage the challenges and opportunities presented by growth, development and
change.
Requested Action
The City Council should hear the appeal by Eternity Homes to reduce or dismiss the unauthorized
tree removal assessment at 1995 Evergreen Ln. If there are no changes, the assessment will
stand.
Council should also direct staff to formalize an appreals process for issues relating to woodland
preservation issues.
Attachments: 1995 Evergreen Lane Treea
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CITY OF SIiAICOPEE
WOODLAND MANAGEMENT EVALUATION&COMPLIANCE FORM
ADDRESS: �,/ OWNER; •
BUILDER aarzog�tl /m g PHONE:
PHONE: / APPLICATION SUBMITTED:
BMAIUFAX PLAN REVIEW DATE:
PID#
F Natural Resource Corridor Priority Ranking: BEST BETTER GOOD BUFFER N/A
WOODLAND MANAGEMENT PLAN CHECKLIST
Survey/Drawing of Woodland Management Plan
Have Trees been identified on plan?(numbered,diameter,species&status)
How many trees are being removed?
How many trees are being replaced?
____ Does Plan include protective barrier around trees in the construction area?
CONDITIONS OF APPROVAL:
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APPROVED
APPROVED WITH CONDITIONS
NOT APPROVED
Reviewed By: Date:
FINAL INSPECTION
Inspectiondates: PASSIFAIL
PASS/FAIL
Inspection By:
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Date: 17Jun13
SHAKOPEE
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Pat Flynn PARK-S,RECRATION
Eternity Homes L.L.0
AND NATURAL RRSOURCES
425 Third Street
Farmington, MN 55024
Subject: Unauthorized removal of trees on the following property:
1995 Evergreen Lane
Shakopee,MN 55379
Dear Mr. Flynn,
The City of Shakopee herby notifies you that as of the date of this notification and as a result of
unauthorized tree removal defined in the City of Shakopee Code Sec.11.60 Subd.9.,a fine of$18,500 or
installation of 74 caliper inches of replacement trees is required.The City approved plan dated 10-8-12
(attached)only authorized the removal of 2 trees on this property. Existing conditions on this property
does not reflect approved plan.
Per City Code Sec.11.60 Subd.9.the fine was determined with existing stumps on said property with
diameters of 9 inches,8 inches, 10 inches, and 10 inches.These diameters total 37 inches with a
required payment of$500 per diameter inch for unauthorized removal of trees.
Per City Code Sec.11.60 Subd.9.the replacement tree ratio was determined with a ratio of two caliper
inches for every one inch diameter at breast height removed.
In addition, a change of grade around existing trees will likely result in the loss of 6 trees with diameters
measuring 8 inches, 12 inches,6 inches,12 Inches,9 inches,and 7 inches. If these trees are lost within
the next 2 years and determined to be as a result of the change of grade a fine of$500 per diameter
inch will be assessed to Eternity Homes L.L.C.
Contact Jacob Busiahn with any questions regarding this notification at 952-233-9511
Sincerely,
Jacob Busiahn, Natural Resources Technician
Parks, Recreation &Natural Resources Department
City of Shakopee, MN
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HOMESLLC
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Eternity Homes,LLC
425 3rd Street-
Farmington,MN 55024
RE:1995 Evergreen Lane
On or about October 5th,5012 Eternity Homes met with Jim Davis on-site at 1995 Evergreen to do
framing inspections. It was at that,time that Jim and Pat had discussed the grading and that we
would grade the yard similar to 197 Evergreen which implied additional tree removal. Jim Davis
agreed aid approved process to move forward. On November 12th,2012 Eternity Homes
submitted a grading survey to Jim Davis via email which was approved. Eternity Homes started to
landscape which was ended early due to winter arriving early. Eternity Homes was issued the
Temp CO December 14th,2012. We now understand that Jim Davis was not authorized to make
all these decisions thus the confusion. Eternity Homes met with the city and did not decipher
between the two Shakopee departments.
Sincerely,
Patrick Flynn
Eternity Homes,LLC
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425 Third Street Farmington,MN.55024
Phone:651-460-3043 Fax:651-460-3045
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SHAKOPEE
August 21,2013 PID: 27-380006
Eternity Homes,LLC
425 3rd Street
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Farmington,MN 55024
Re: Revocation of Final Grade As-Built @ 1995 Evergreen Ln. Shakopee,MN 55379
Permit#68721
Dear Permit Applicant:
This letter will serve as written documentation that on May 215'2013: I had
notified field supervisor Kevin Schultz by phone that the Final Grade As-Built for
1995 Evergreen Lane has been revoked due to severe erosion issues. This would not
hdve'occurred if the landscaping had been completed in fall of 2012. Kevin informed
me that he understood,and that Eternity Homes would add soil to correct the
grade,and once graded would forward the Final Grade As-Built for review&
approval.
I
Sincerely,
' I
J
im Davis
City of Shakopee Building Official/Deputy Inspector
COMMUNITY PRIDE SINCE 1857
129 Holmes Street South • Shakopee,Minnesota 55379-1351 952-233-9300 FAX 952-233-3301 mm.ci.shakopec.nu ms