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Board approves Baker Commercial variance reducing tree mitigation; requires larger trees, annual reports and $31,689 fee to preserve nearbyAbbey Nature Preserve
Summary
The Pender County Board of Adjustments granted Baker Commercial a variance from UDO tree‑mitigation rules for a commercial development, accepting 188 on‑site replacement trees, requiring 163 of those at a 3‑inch caliper, a five‑year annual reporting condition, and a $31,689 fee‑in‑lieu to fund plantings at the adjacent Abbey Nature Preserve.
The Pender County Board of Adjustments voted Nov. 19 to grant a variance to Baker Commercial Properties for relief from the county’s tree‑mitigation requirement tied to a proposed grocery‑anchored commercial development on U.S. Highway 17.
Planning staff told the board the redevelopment will require removal of 167 significant trees and, under Pender County Unified Development Ordinance (UDO) section 8.10.3, would ordinarily require planting 334 mitigation trees. The applicant told the board it can plant 188 mitigation trees on site but cannot meet the full 334‑tree requirement because a utility easement along the highway prohibits canopy tree plantings.
Sam Frank, an attorney representing the applicant, argued strict compliance with the 2‑for‑1…
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