Magistrate links landscape plan and CO to tree-mitigation after 38 trees removed on South Seamus lots

The special magistrate ordered that any building permit or site plan for 4393 or 4395 South Seamus Drive be accompanied by a landscape plan demonstrating required tree mitigation and barred issuance of a certificate of occupancy until mitigation is satisfied.

Staff told the board the parcels originally contained 38 trees removed without permits — 20 on Lot 1 and 18 on Lot 2 — and estimated a mitigation valuation in the order of about $110,759 based on replacement-calculation rules. A city plans reviewer said replacement can be adjusted if larger-caliper trees are donated because the calculation is based on cross-sectional area.

Neighbors told the magistrate they supported tying landscape requirements to the permit or CO. David Reed, a neighboring resident, thanked staff and said the landscape-plan tie “was exactly what I was gonna suggest” and called the outcome “the best outcome that could be expected.” Staff also recommended that any site plan or building permit submission include the landscape plan so tree replacement is enforced through the permit process.

The magistrate made identical findings for both split parcels and directed that compliance be demonstrated by requesting reinspection after the permit and landscape plan are submitted. The order notes that the minimum replacement stock will be 4–6 inch caliper trees but that larger trees could reduce the total count under the cross-sectional-area formula. A return hearing will be set if the property fails to meet the requirements.