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Council approves tree-variance allowing fee-in-lieu amid irrigation limits
Summary
The council granted a variance to two tree-ordinance sections allowing a fee-in-lieu for up to 50% of removed tree caliber inches (set at $300 per caliber inch). The applicant cited lack of commercial irrigation permits and protection of mature landscaping; the motion passed with one opposition.
An applicant seeking relief from the city's tree ordinance told the council the hardship on the subject property was more than financial, and the council voted to grant a variance that allows a fee-in-lieu for part of required mitigation.
Speaker 1, identified in the record as the applicant/presenter, said strict adherence to the ordinance "would require the planting of 70 more trees" and that "the Texas Water Company is not issuing irrigation permits to commercial properties," which would make maintaining new trees impractical. The applicant also said a packet included more than 50 letters from residents of Bulverde and Spring Branch supporting the variance.
The presiding officer (Speaker 3) moved that the council grant a variance to sections 17.060.0098 and 17.060.105 of the code of ordinances that: allows the applicant to pay a fee in lieu of mitigation for removal of up to 50% of the caliber inches of trees identified in table 1; disallows using existing trees that meet the definition of replacement trees to reduce the fee; restricts the variance to trees listed in the table; and sets the fee at $300 per caliber inch of tree removed. Speaker 2 seconded the motion. Speaker 2 (staff/Danny) explained the fee was established by a prior council action and said the fee aims to address future stormwater and maintenance needs.
The council voted; Speaker 3 announced there was one opponent recorded and declared the motion passed. The council clarified that the variance did not include relief from the dripline requirement.
Next steps: the council adopted the motion as read; staff will follow existing procedures to calculate and collect the fee and to ensure the variance applies only to the trees listed in the ordinance's table.
