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Board approves reduced mitigation on condition applicants plant remaining maritime trees within 12 months
Summary
The Community Development Board approved a reduced mitigation requirement for a 340 West 14th Street West property, adjusting double mitigation (200 inches) to a 100‑inch requirement provided the applicant plants the additional 46 inches of maritime‑species trees within one year; the board emphasized on‑site planting or code‑compliant off‑site alternatives.
The Community Development Board voted to approve a lesser variance for tree mitigation at 340 West 14th Street West, contingent on the applicant planting the remaining canopy inches within 12 months.
Amanda, neighborhoods department director, told the board the residential corner lot removed trees without a permit and that after‑the‑fact double mitigation produced a 200‑inch obligation; the applicant has planted 54 inches so far but some of those plantings did not meet the code’s minimum caliper. Amanda said the parcel is tied to a previously permitted detached garage and stormwater work and that staff had worked with the applicant on a planting/payment schedule.
Applicant Cody Fonder said underground utilities, a stormwater pond and the new garage footprint limit where large canopy trees can be safely planted, and that he had planted 13 cedars and several small fruit trees. "I love Atlantic Beach," Fonder said. "I love trees. I'm trying to make a canopy." His co‑applicant Joanna Fonder said a drainage change was made and they had not been informed earlier of tree‑removal requirements.
Board discussion focused on whether the double mitigation penalty was reasonably applied given the applicants’ prior permit activity for the garage and pond. One board member argued the applicants had shown intent to work with the city on permitted improvements and that strict double mitigation would impose an undue hardship. Another member cautioned against broadly waiving penalties for unpermitted removal.
A motion to reduce the requirement to 100 inches — effectively removing the double penalty — and require the applicants to plant the remaining 46 inches of maritime‑species trees on the property (or meet code‑allowed off‑site mitigation) was moved and seconded. The motion was amended to require the work be completed within 12 months and then approved by the board.
What’s next: The applicants must install the remaining maritime‑species caliper inches within 12 months to satisfy the variance; code enforcement or the special magistrate will pursue the full double mitigation if they fail to comply.
