Historic Preservation Commission Meeting Signed Minutes - September 21, 2020

Home Browse Search

Prepared by Adam Toering, Historic Preservation Specialist Reviewed by Elicia Feasel, Historic Preservation Administrator PETITIONER COMMENTS: Mr. Dierbeck agreed with the staff recommendation and that he had been working on the project for some time and the trees have deteriorated rapidly within the last five years. Removing the trees will be better for the neighborhood. Commissioner Andrews asked if there was a replanting plan. Commissioner Gelfinan explained that it is a corner lot and it is adjacent to the alley. Commissioner Stalheim asked for clarification of the trees that will be staying. Mr. Dierbeck stated that the deciduous trees will remain, but there will be trimming. Commissioner Downs-Krostenko asked if the City Forester had an assessment. Mr. Dierbeck stated that he believed the City Forester had made a recommendation. Specialist Toering clarified that the City Forrester's opinion is included in the packet. Commissioner Downs-Krostenko asked if the West North Shore Standards and Guidelines demands the replacement of removed trees with similar trees, and she knows that it is in other districts, and that she was aware that there were issues with replanting diseased trees immediately because of concerns that the disease may remain. Mr. Dierbeck stated that the groundcover (ivy) would be able to grow, and that new plantings would require the removal of the ivy. Removing these trees will open up the view of the house. Commissioner Downs-Krostenko stated that the removal of the trees will change the setting of the home, and that the loss of evergreens will be a loss. She would like to see the motion include some sort of requirement to replant trees. Commissioner Deegan asked how the old trees are. Mr. Dierbeck stated that the applicant's father planted the trees approximately 50 years ago. Commissioner Gelfinan asked if the house is for sale. Mr. Dierbeck responded affirmatively. Commissioner Gelfinan stated that the new owner may have the responsibility of landscaping the property. COMMISSION DISCUSSION: Commissioner Stalheim stated that he agreed that replanting would be ideal, but if the property is going to be sold, there's little to be done to mandate the future owner to do anything. Commissioner Downs-Krostenko asked Legal Counsel Kennedy whether the Commission would be able to ask the City Forester to make a formal recommendation as to how, where, when, and what to plant a couple of trees for the complete decimation of a four -season green landscape, and whether that requirement to plant could be mandated to the future owner. Legal Counsel asked Commissioner Downs-Krostenko what would be done if the future owner did not do what was requested. Commissioner Downs-Krostenko asked Legal Counsel Kennedy what could be done. Legal Counsel Kennedy stated that there is nothing in the Historic Preservation Ordinance that allows you to do anything; that the current owner is asking you to allow them to do a certain project; they will sell the property; that the Commission cannot legally ask the homeowner to write a requirement into the sales document; the future owner will not be obligated to do it. Commissioner Downs-Krostenko stated that the Commission could make a request, not an obligation, and that the Commission should advocate for the preservation of trees. Legal Counsel Kennedy clarified that disease or liability concerns may supersede preservation. Commissioner Downs-Krostenko again reiterated it could be a request. Commissioner Wyncott stated that the future buyer will probably want to make landscaping changes to make the property their own and cautioned against trying to overregulate the replacement.