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Board requires tree replacement after approving variance for West 9th lot

Board of Zoning Appeals · May 28, 2026
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Summary

The BZA approved a variance for a property at 1017 West 9th to resolve a notice-of-violation for tree removal, but conditioned the approval on a city-reviewed remediation plan that must include at least three large canopy trees.

The Bloomington Board of Zoning Appeals on May 28 approved a variance tied to a notice of violation at 1017 West 9th Street but required the property owner to submit a city-approved remediation plan including a minimum of three large canopy trees.

Staff told the board the property formerly had canopy coverage subject to the UDO’s tree-preservation standard (about 80% of the prior canopy by square footage); the owner cleared the lot and later sought a variance to avoid planting the remediation trees staff said were required. Applicant Fiona Tagert apologized for proceeding without understanding the canopy requirement and said the owner intends to build a single-family home and would plant landscaping and replacement trees as part of future site work.

Habitat for Humanity of Monroe County (Ki Bennett) submitted a letter in support of infill housing on a lot that otherwise remains vacant in the neighborhood and urged the board to weigh the city’s housing goals in balance with tree-preservation standards.

After extended discussion about practical difficulties and the options for on-site remediation, the board adopted alternative findings and approved the variance with a condition that the petitioner work with staff to produce a remediation landscape/site plan that includes at least three large canopy trees. Staff noted the property remains subject to a notice of violation and that penalties under the UDO could apply until the remediation plan is implemented.

Board roll call: Burrell — yes; Fernandez — yes; Keno — yes. Approved with condition to develop and obtain staff approval of the remediation plan.