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Heath council approves replat to remove 20‑ft tree‑preservation easement for Heath Crossing lot
Summary
Council approved RP202506 to abandon a 20‑foot tree‑preservation/non‑disturbance easement on Lot 15, Block A, Heath Crossing Addition Phase 4 after staff presented that no mature trees exist on the lot; the applicant, Brian Fisher, said the change would create usable yard space for his young children and proposed a ~2‑foot retaining wall.
The Heath City Council voted unanimously Aug. 26 to approve case RP202506, allowing the replat and abandonment of a 20‑foot tree‑preservation/non‑disturbance easement on Lot 15, Block A, Heath Crossing Addition Phase 4.
City staff (Mr. Gonzales) told the council the applicant’s lot contains no mature trees within the easement area, staff and the planning & zoning commission support the release of the easement conditioned on an HOA acknowledgment and a notice certificate being placed on the plat. "We went out and took a look at this property and there are no trees on that property," Gonzales said. He noted the easement principally protects trees located in adjacent common areas and that staff inspected the parcel in person.
Applicant Brian Fisher said his home is under construction and that with the current easement he would have roughly 20 feet of usable backyard rather than about 40 feet; he said he has three small children and sought room for the children to play. Fisher described a retaining wall he plans to place at the property line with an approximate height of 2 feet and said he intends to preserve the tree belt beyond the property when possible.
Council members raised questions about potential impacts to tree root systems on the neighboring common area and whether approval would set a precedent; staff replied the parcel is unusual because it lacks trees in the easement area and that legal could be consulted if future cases appear similar. The motion to approve the replat with the conditions described passed unanimously.
For record keeping the case was filed by Tony Bates of STD Land Surveying and the property owner present at the lectern identified himself as Brian Fisher.
