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Council tables appeal over tree, frontage improvements; homeowner seeks alternative
Summary
A homeowner appeal of a staff decision requiring frontage improvements that would require removing a mature street tree was tabled after the homeowner asked council to consider alternatives, including a gravel pathway or deferred improvement agreement.
Hayden City Council on Aug. 12, 2025 tabled an appeal filed by homeowners challenging a staff determination that an accessory dwelling unit (ADU) project must include frontage improvements that would place a mature, private tree inside the public right of way and require its removal. The council voted to allow staff and the property owner to continue working on alternatives and to return with a proposal.
City planner Dulce explained staff’s position: the ADU application triggers frontage improvements under the city's standards and the proposed right‑of‑way dedication would place the existing tree within publicly owned right of way. Dulce said staff’s technical review indicated the tree "cannot be retained to build the improvements required by code" because of the proximity of the trunk to the required curb, gutter and swale.
Homeowner appellant Jason (last name on file) told council the code itself allows waiver or deferral in certain circumstances and asked the council to exercise that latitude. He cited Hayden City Code 11‑4‑7(c), paragraph 5, which says the city engineer may defer or waive frontage construction "if there are other factors which, as determined by the city, merit waiving or deferring the obligation to construct said improvements." Jason proposed a "win‑win" alternative that would preserve the tree and extend a gravel pedestrian pathway to match a neighboring property instead of building a concrete sidewalk and swale across the tree's root zone. He also said he had obtained arborist input that the tree is healthy.
Council members focused on two technical constraints: (1) whether dedication of right of way is required now or could be deferred and (2) stormwater and state stormwater treatment requirements tied to new impervious surfaces. Staff explained that deferred improvement agreements historically have applied to deferring construction of improvements — not the dedication of right of way — and that if right of way is dedicated now the tree would be within public property. Council members also discussed liability concerns that would arise if a mature tree remained within city right of way.
After discussion, the council voted to table the appeal and directed staff to continue to work with the applicant on potential resolutions — for example, a deferred improvement agreement, a privately maintained pathway that meets stormwater standards, or other solutions that could preserve the tree while meeting city and state stormwater requirements. If staff and the applicant reach a mutually acceptable written agreement, the homeowners may withdraw the appeal; if not, the council will hear the matter again on a future agenda.
The appeal raised legal and policy issues about how the city balances code‑required frontage improvements, tree canopy preservation and the practical construction constraints of mature trees within a narrow building frontage.
