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HomeMy WebLinkAboutD_Gagnier_Tree_Removal_Permit_and_Exhibits_190411DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DIVISION ROUTINE VEGETATION MANAGEMENT PERMIT EVALUATION FORM & DECISION DATE: PROJECT NUMBER: PROJECT NAME: PROJECT MANAGER: Gagnier Tree Removal Jeffrey Taylor, Assistant Planner April 11, 2019 LUA19-000075, RVMP OWNER: Matthew Gagnier 5110 NE 23RD ST RENTON, WA 98059 APPLICANT: Alayna Gagnier 5110 NE 23rd St Renton, WA 98059 LOCATION: 5110 NE 23RD ST DESCRIPTION: The applicant is requesting approval of a Routine Vegetation Management Permit in order to remove (1) landmark (thirty caliper inch or greater) Cedar tree, on the property located at 5110 NE 23rd Street, Renton, WA 98059 (Exhibit 1). The tree, identified as tree F on the provided arborist report (Exhibit 2) measures 36 caliper inches. The lot is zoned Residential-6 (R-6) and is 7,274 square feet in size. There is an existing single family home on the site and no critical areas are mapped on the project site. The request to remove tree F comes as a result of the removal of trees D and E identified in the provided arborist report (See Exhibit 2) that were damaged by a contractor hired to install a new fence around the property. Both trees were growing along the eastern property line and were vertically cut to make room for the new fence. Property owners hired ISA Certified Arborist (PN 7667A) Thomas Goetz to inspect all trees on the property after the incident. During his inspection on March 22, 2019 he noted that trees D and E were severely cut which compromised their integrity, making them dangerous, and recommended their removal. Code case 19-000146 was opened due to the removal of a landmark tree without the issuance of an RVMP. Trees D and E have since been removed due to the damage and their high risk of failure, and replaced with one (1) Douglas Fir tree. The property owners also agreed to pay a fee in lieu for the violation which has resolved code case 19-000146. However, the arborist report further explains that once trees D and E are removed the four remaining trees on the property will become susceptible to future wind storms and significantly increase their risk of failure, which could cause damage to property or injuries to occupants in the nearby homes. The report concludes that the remaining four trees are dangerous and should be removed to ensure there is not any further property damage or injury caused by these trees failing in the next wind event or storm event. Based on the conclusions in the arborist report the applicant proposes to remove tree F on the grounds that it is dangerous and qualifies for removal. A Landmark Tree requires routine vegetation management permit (RVMP) approval per RMC 4 4 130F.2.d 'Removal of Landmark Tree.' Per RMC 4 4 Page 1 of 3 DocuSign Envelope ID: 8D90FEC5-2AEB-43C3-8752-7D7D526685B1 City of Renton Department of Community & Economic Development Routine Vegetation Management Permit Gagnier Tree Removal LUA19-000075, RVMP 130F.2.d, removal of a landmark tree may be granted for situations where: the tree is determined to be a dangerous tree; or the tree is causing obvious physical damage to structures including but not limited to building foundations, driveways or parking lots, and for which no reasonable alternative to tree removal exists; or removal of tree(s) to provide solar access to buildings incorporating active solar devices; or the Administrator determines the removal is necessary to achieve a specific and articulable purpose or goal of this Title. Staff believes that sufficient evidence has been provided to determine that tree F is dangerous, justifying its removal. The applicant also proposes to replant four (4) Pink Dogwood (Cornus Florida) trees along the northern property line where the existing tree is currently located (Exhibit 1). The dogwood trees will be approximately 8 feet in height, and a minimum of two (2) caliper inches. Staff has reviewed the plan and believes the replacement trees proposed are sufficient to remediate the impact of removing the proposed landmark Cedar tree. EXPIRATION DATE: April 11, 2020 GENERAL REVIEW CRITERIA 4-9-195D4: YES The lot shall comply with minimum tree density requirements pursuant to RMC 4-4-130, Tree Retention and Land Clearing Regulations. 1. Comments: The property requires a minimum of two (2) significant trees on the property. After replanting, the property will have five (5) significant trees. YES The land clearing and tree removal shall be consistent with restrictions for critical areas, pursuant to RMC 4-4-130, Tree Retention and Land Clearing Regulations, and RMC 4-3-050, Critical Areas Regulations. 2. Comments: No critical areas are mapped on the property. YES Removal of a landmark tree shall meet the review criteria for removal of a landmark tree, pursuant to RMC 4-4-130, Tree Retention and Land Clearing Regulations. 3. Comments: Removal of a landmark tree may be granted for situations where the tree is determined to be a dangerous tree, defined as: "any tree that has been certified, in a written report, as dead, terminally diseased, damaged, or otherwise dangerous to persons or property by a licensed landscape architect, or certified arborist". The tree has been determined to be dangerous in an arborist report written by ISA Certified Arborist Thomas Goetz (Exhibit 2). YES Street frontage and parking lot trees and landscaping shall be preserved, unless otherwise approved by the Administrator. 4. Comments: Not Applicable to this project. YES The land clearing and tree removal shall not remove any landscaping or protected trees required as part of a land development permit. 5. Comments: Landscaping and protected trees will not be removed. YES The land clearing and tree removal shall maintain visual screening and buffering between land uses of differing intensity, consistent with applicable landscaping and setback provisions 6. Page 2 of 3 DocuSign Envelope ID: 8D90FEC5-2AEB-43C3-8752-7D7D526685B1 City of Renton Department of Community & Economic Development Routine Vegetation Management Permit Gagnier Tree Removal LUA19-000075, RVMP, Comments: The applicant proposes to replant four (4) Pink Dogwood (Cornus Florida) trees along the northern property line where the existing tree is currently located to maintain visual screening and buffering. YES The land clearing and tree removal shall not create or contribute to a hazardous condition, such as increased potential for blowdown, pest infestation, disease, or other problems that may result from selectively removing trees and other vegetation from a lot. 7. Comments: Removal is being requested to address a hazardous condition and will not create or contribute to one. DECISION: The Gagnier Tree Removal Routine Vegetation Management Permit is Approved. SIGNATURE & DATE OF DECISION: Date Jennifer Henning April 11, 2019 Appeals of permit issuance must be filed in writing on or before 5:00 p.m. on April 25, 2019, together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and more information regarding the appeal process may be obtained from the Renton City Clerk’s Office, 425-430-6510. Reconsideration: Within 14 days of the decision date, any party may request that the decision be reopened by the approval body. The approval body may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal time frame. Expiration: The Routine Vegetation Management Permit shall be valid for one year from the date of issuance. An extension may be granted by the Planning Division for a period of one year upon application by the property owner or manager. Application for such an extension must be made at least thirty (30) days in advance of the expiration of the original permit and shall include a statement of justification for the extension. Page 3 of 3 DocuSign Envelope ID: 8D90FEC5-2AEB-43C3-8752-7D7D526685B1 28247 Gagnier Tree Removal This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. WGS_1984_Web_Mercator_Auxiliary_Sphere Notes None 4/10/2019 Legend 32 16 THIS MAP IS NOT TO BE USED FOR NAVIGATION Feet32 Information Technology - GIS 0 RentonMapSupport@Rentonwa.gov City and County Boundary Addresses Parcels Streets Points of Interest Parks Waterbodies Extent2010 EXHIBIT 1 F EDCBA DocuSign Envelope ID: 8D90FEC5-2AEB-43C3-8752-7D7D526685B1 DocuSign Envelope ID: 8D90FEC5-2AEB-43C3-8752-7D7D526685B1 DocuSign Envelope ID: 8D90FEC5-2AEB-43C3-8752-7D7D526685B1 Certified Arborist Report prepared for: March 22nd, 2019 Matt & Alayna Gagnier 5110 NE 23rd St Renton, WA 98059 M 206-280-1071 A 206-850-7190 I first met Alayna Gagnier on Tues. March 5th on an appointment she had with EverGreen Tree Care to have me come out and assess their trees. Matt & Alayna were contemplating having the trees cleaned or some of them removed at the time, to ensure safety to their children in their yard and allow in more sunlight. After looking at the trees, it was decided to maybe consider cleaning them in the future and not remove any trees. Since these trees have grown up together for many years, and grown dependent on each other protecting each other from winds, they have remained strong. By removing any of the trees, you could jeopardize the remaining trees by exposing them to winds that have never hit them in such a way. On Wed. March 20th , I received a call from Alayna Gagnier that I needed to stop by and look at her trees, as several of the trees had been damaged by a fence installation company. I saw that Fir tree (D) and Fir tree (E) had been pie cut / notched out at the base of the tree, trying to make clearance for the installation of a new fence. These pie cuts / notches are very severe cuts and compromised the integrity of each tree. I came back later that evening and met with Matt on the tree issues. When doing a risk assessment of these trees now, the hazard increases exponentially when a cut is made like this at the base of a large tree like this. There is no way to correct this or to minimize the hazard produced other than by removing these 2 trees at ones earliest convenience. The trees are not in eminent danger for falling over soon, however, they should be removed as soon as plans can be made to have this taken care of. By removing these two damaged trees, this now places the remaining trees in a situation they have never been in. These 3 firs and cedar will now be exposed to direct winds from directions that have never hit these trees before. Over the years, trees are known to develop roots that help stabilize a tree from dominant winds. Not having these various winds hit the trees as they were growing, they did not develop a resistance to winds from these new directions. Now that the 2 damaged trees will have to be removed, there will be an added stress on the remaining trees left in the Gagnier yard. This could increase the potential for additional tree failure and cause damage to property or injuries to occupants. By looking at the shape of the remaining trees and the branch structure, you can see that they will be out of balance and unprotected from these new winds brought on by the removal of the 2 damaged trees. My suggestion is to have the 2 damaged trees removed as soon as permission is received and also to remove the remaining 4, so there is not any further property damage or injury to people caused by these remaining trees coming down in the next wind or next storm. Thomas Goetz ISA Certified Arborist PN-7667A 253-682-9479 tgoetz@evergreentlc.com EXHIBIT 2DocuSign Envelope ID: 8D90FEC5-2AEB-43C3-8752-7D7D526685B1 Page 2: Tree description for Gagnier property (See attached map) Tree A – fir 21”DBH 90 ft tall Tree B – fir 15” DBH 80 ft tall Tree C – fir 28” DBH 100 ft tall Tree D – fir 28” DBH 90 ft tall (Damaged) Tree E – fir 45”DBH 90 ft tall (double trunked) (Damaged) Tree F – cedar 36”DBH 90 ft tall (twist in top of trunk and weak spot ½ way up) By taking out tree D and tree E, you can see that trees A,B and C at a height of 80-100 ft tall, will be up in the wind zone, with little or no protection from east winds and no side support. By taking out tree D and tree E, now tree F will be exposed by winds from every direction, exposing a top that has a weakness and could break off about 30ft up from the ground. Tree F is also almost void of limbs on the north inside of the tree, due to shade from tree E as it was growing. This lack of balance and new wind exposure, could cause new stress on tree F. **As a Certified Arborist my job is to talk home owners into maintaining trees and finding ways to make them safe. However, due to the damage caused to tree D and tree E, hazards have been brought into the decision now. And I am held to a standard that I must let home owners know about hazards as well as ways to save trees. TG DocuSign Envelope ID: 8D90FEC5-2AEB-43C3-8752-7D7D526685B1