§ 25-8-642 — ADMINISTRATIVE VARIANCE

§ 25-8-642 - ADMINISTRATIVE VARIANCE.

(A) The director of the Planning and Development Review Department may grant a variance from Section 25-8-641 (Removal Prohibited) to allow removal of a heritage tree only after determining, based on the city arborist's recommendation, that the heritage tree: (1) is dead; (2) is an imminent hazard to life or property, and the hazard cannot reasonably be mitigated without removing the tree; or (3) is diseased and: (a) restoration to sound condition is not practicable; or (b) the disease may be transmitted to other trees and endanger their health. (B) No application fee and no mitigation are required for a variance request under subsection (A). (C) The director of the Planning and Development Review Department may grant a variance from Section 25-8-641 (Removal Prohibited) to allow removal of a heritage tree that does not have at least one stem that is 30 inches in diameter or larger measured four and one-half feet above natural grade only after determining, based on the city arborist's recommendation, that the heritage tree meets the criteria in Section 25-8-624(A) (Approval Criteria) and that: (1) the applicant has 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 Prerequisite); and (2) removal of the heritage tree is not based on a condition caused by the method chosen by the applicant to develop the property, unless removal of the heritage tree will result in a design that will allow for the maximum provision of ecological service, historic, and cultural value of the trees on the site. (D) A variance granted under this section: (1) shall be the minimum change necessary; (2) shall require mitigation as a condition of variance approval for variances requested under Subsection (C) of this section; and (3) may not be issued until the applicant has satisfied the mitigation conditions required under this Subsection (D)(2) or posted fiscal security adequate to ensure performance of the mitigation conditions not later than one year after issuance of the variance. (E) The director of the Planning and Development Review Department shall prepare written findings to support the grant or denial of a variance request under Subsection (C) of this Section.

Source: Ord. 20100204-038.