Tampa board approves removal of three grand trees, reduces retention to 0% for 3215 N. 40th due to stormwater constraints

The Variance Review Board granted variances on Jan. 13 allowing removal of three grand trees and a reduction of the tree retention requirement from 40% to 0% for a proposed multifamily development at 3215 North 40th Street.

Applicant counsel and project representatives said the heavily wooded parcel functions in part as an FDOT stormwater collection area that receives runoff from adjacent properties and requires large on‑site vaults and ponds. The applicant presented reasonable‑reconfiguration alternatives that either reduced pond function, required additional retaining structures, reduced unit counts or created emergency access conflicts.

Ricky Petarika, representing the applicant, said an inventory identified 89 jurisdictional trees of which roughly three were retention quality for the proposed development; initial designs suggested preservation of about 8% of trees (three trees) but the proposed development would still require extensive mitigation. Staff noted mitigation requirements: approximately 176 Type‑1 trees plus Type‑2, Type‑3 and palm credits, with any excess contribution placed into the city tree fund.

Neighbor John Gearhart, who said he owns the adjacent lot, raised concerns about property boundary accuracy and recent vacating of rights‑of‑way affecting whether a grand tree falls on the applicant’s parcel. Staff and the applicant said the city surveyor and permitting reviews will verify boundaries before any building permit or tree removal is finalized; if a tree is determined not to be on the applicant’s parcel, it cannot be approved for removal under this application.

After hearing presentations and public comment, the board found the evidence met the variance criteria and approved removal and retention reductions, subject to mitigation obligations and standard permitting.