Agenda - Environmental Policy Board - 03/16/2026

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The Subject Property is within the Mississippi River Corridor Critical Area (MRCCA) Overlay District, which has additional vegetation management standards above and beyond the basic tree inventory and preservation plan. For example, at the time of building permit application submittal, the builder will also need to apply for a Vegetation Permit, which will specify exactly which significant trees will need to be removed to facilitate the installation of the home, driveway, and utility connections. The Tree Inventory will give a high-level overview of existing tree cover on the Subject Property, while the Vegetation Permit will focus on more specific tree removals on a specific lot. When contemplating a variance, a three (3) factor test must be applied to determine whether 'practical difficulties' exist. The three (3) factor test includes: Reasonableness — The proposal is to utilize an alternative inventorying technique, not to eliminate the need to do an inventory. The vast majority of the trees on site are a single species (eastern red cedar) that share similar size characteristics and growing conditions. Therefore, the FRP technique should provide a fairly accurate accounting of existing trees and thus, the proposal is reasonable. 1. Uniqueness — The denseness of the eastern red cedars, including the fact that their branching extends down to the ground, has resulted in a lot of dead branches (due to a lack of sunlight reaching them) that creates a safety concern for anyone conducting a tree inventory and presents a significant physical obstacle to tagging each individual significant tree. 2. Essential Character — This alternative sampling technique will not have any bearing on the essential character of the surrounding area. There will be persons on the ground collecting tree data (whether using the FRP technique or conducting a standard inventory). This is just data gathering and will not have any direct bearing on the layout of the proposed development. 3. Funding Source: The Applicant is responsible for all costs associated with this request. Recommendation: Staff recommends approving the variance request. Additionally, Staff is also recommending a minor amendment to the tree preservation section of City Code that would allow alternative methods of collecting data for a tree inventory without needing to seek a variance. If there is support from the Environmental Policy Board, Staff would prepare an Ordinance Amendment for consideration at a future meeting. Outcome/Action: Motion to recommend approval of a variance to use an alternative methodology to complete a tree inventory on the Subject Property. Attachments Site Location Map Applicant Narrative Significant Existing Vegetative Stands Exhibit Sketch Plan Final Plat Form Review Inbox Reviewed By Date Chris Anderson (Originator)Chris Anderson 03/10/2026 12:48 PM Brian Hagen Kalia Lor 03/12/2026 01:55 PM Form Started By: Chris Anderson Started On: 03/10/2026 09:26 AM Final Approval Date: 03/12/2026