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HomeMy WebLinkAbout09072023 BSC Agenda Item 3 City of West University Place Public Works Department To: Building and Standards Commissions From: John McGowan,Building Official/Craig Koehl,Urban Forester City of West University Place Date: September 7,2023 Re: Staff Report for Docket 2023-0008,3104 Georgetown St. Applicant's Request The applicant in Docket 2023-0008, Regan Homes (Shawn Regan) regarding address 3104 Georgetown St. (the"Property')appeals the decision of the City's urban forester denying applicant a permit to remove a tree in the right-of-way adjacent to the Property. Background Information The legal description of the Property is LT 25 BLK RICE CT. West University,Harris County,TX On March 16, 2023 Craig Koehl,the City's Urban Forester, denied the applicant's request for a permit to remove a 33' diameter (103" circumference) Sycamore tree from the right of way area adjacent to the Property because the Urban Forester determined that the tree was a large, protected tree and that the tree was not diseased or damaged, and the tree did not cause an unreasonable impediment to the use of the Property. The applicant desires to Remove a Sycamore tree from the City ROW, stating that the tree is damaged and is impacting the owner's development of the site. The City's Ordinances provide, in part (emphasis added): "Sec. 82-2.- Defmitions. Unless the context otherwise clearly requires a different meaning, the following terms, as used in this chapter, shall have the meanings indicated below. Circumference of a tree means the circumference of its trunk, measured as prescribed in the criteria manual and in figure 1 attached to the criteria manual. For conversion to diameter, the circumference can be divided by 3.142. Criteria manual means the "criteria manual" dated February 1994, a copy of which is on file in the office of the city secretary, which is hereby approved, adopted and incorporated into this chapter by reference. 3826 Amherst St. www.westutx.gov West University Place, TX 77005 713-662-5830 City of West University Place Public Works Department Damage a tree means to take any action which could result in a tree's death, either immediately or at any time within two years following the action. Some examples of such action, which are not intended to limit this definition, are as follows: severing the main trunk or large branches or large roots, girdling, poisoning, carving, mutilating, touching with live wires, piercing with nails or spikes, crushing or exposing the roots, digging or drilling any hole larger than three cubic feet(or a trench) within the critical root zone, covering a substantial part of the critical root zone or compacting a substantial part of the soil in the critical root zone. Front yard means the setback area required by the zoning ordinance and measured from the front street side of a building site or potential building site. Large tree means a tree with a circumference of 19 inches or more. In case a tree is removed, it is presumed to have been a large tree if the diameter of the stump is six inches or greater, measured in any direction. Located. A tree is "located" within an area if any part of its trunk is within the area at ground level. Protected tree includes: (1) A significant tree anywhere in the city; (2) A large tree located within any of the following: a. A front yard; b. A street side yard (of corner sites); or c. A right-of-way area ; and (3) When there is a permit in effect for development or pre-development activity on any subject site, "protected tree" includes all large trees located on that subject site. Right-of-way area includes all parts of a street area, including: (1) The paved or improved roadway; (2) The sidewalks; (3) The curbs or ditches; and(4) All other paved or unpaved areas in the street area. The "right-of-way area" for an individual site includes only the area between the property line of the site and the centerline of the street area(i.e., the directly abutting area in the street area). A corner site has a right-of-way area both in front and on the side. Significant tree means a large tree with circumference of 36 inches or more. In case a tree is removed, it is presumed to have been a significant tree if the diameter of the stump is 12 inches or greater, measured in any direction(Also see definition of large tree.). Tree permit means a valid permit issued by the building official authorizing removal of or damage to a protected tree. Urban forester means a person so designated and acting under this chapter. Sec. 82-3. -Tree disposition; surveys. 3826 Amherst St. www.westutx.gov West University Place, TX 77005 713-662-5830 Citv of West University Place Public Works Department (a) General requirement. Every permit for development or predevelopment activity must contain tree disposition conditions meeting the requirements of this section. (b)Essential and mandatory conditions. Tree disposition conditions are the most important means of protecting the urban forest of the city from unreasonable harm during development and predevelopment activity. Tree disposition conditions shall: (1) Prohibit removal of or damage to any large tree, except: a. Removal of a tree which is diseased, severely damaged or dead may be authorized; b. Damage to or removal of a tree which causes an unreasonable impediment to the use and enjoyment of the applicant's property may be authorized; and c. Damage to or removal of a low-value tree may be authorized. Sec. 82-4(a) & 82-4 (b).—Tree Permit required. (a) Permit required. A tree permit is required for removal of or damage to any protected tree, unless the damage is separately authorized by tree disposition conditions as described above. See section 18- 5 for a more particular description of the requirement for a tree permit. (b) Criteria for issuance of permits. The building official shall only issue a tree permit if subsections (1) and either(2) or(3) are present: (1) Application. An application for the permit must be filed by the owner of the area where the tree is located. If the tree is located on a property boundary, all owners must join in the application. (2) Tree in poor condition; hazards; low-value trees. The tree in question is diseased, severely damaged or dead, or the tree creates a hazard to human life or an existing building, or the tree is a low-value tree. In any of these cases, the permit shall be issued without special conditions or replacement requirement. (3) Tree as impediment to proposed use of the subject site. The tree in question causes an unreasonable impediment to use and enjoyment of property. Any permit issued in this case shall be reviewed by the urban forester and shall require that any replacement trees required by this chapter be planted. If replacement trees are to be located on a subject site controlled by the permittee, the permit shall also require that they be thereafter maintained. If the permit would authorize damage to a protected tree, but not removal, the permit must contain conditions reasonably calculated to minimize the damage to the protected tree (and may require replacement trees). Sec. 82-8(f) Decisions and appeals. When making decisions or performing other duties under this chapter, the urban forest and the building official both shall be subject to the standards and 3826 Amherst St. www.westutx.gov West University Place, TX 77005 713-662-5830 City of West University Place Public Works Department procedures generally applicable to the building official under this chapter. Appeals of decisions made by either the building official or the urban forester, and applications for variances, are heard by the building and standards commission, in accordance with this chapter. Notwithstanding any other provision to the contrary, the commission, when considering an application for a variance: (1) Shall take into account efforts to avoid or mitigate removal of and damage to trees, particularly trees highly-evaluated under the criteria manual; and (2) May take into account the financial cost of compliance with this chapter, particularly as it compares to the cost of other work the applicant may be proposing." Additionally, Chapter 18 of the City's Code of Ordinances provides, in part, that: Sec. 18-18. -Appeals to BSC from administrative actions. The BSC shall hear and determine appeals from all actions of the building official, except for actions arising under the zoning ordinance (which are subject to the jurisdiction of the ZBA). In addition, the BSC shall hear and determine appeals from other administrative actions where an ordinance authorizes the BSC (or the GAB) to do so (for example, such appeals are authorized with respect to the fire official and the fire code; see Chapter 30 of this Code). In any such appellate proceeding, the BSC may affirm, reverse, modify or remand the decision appealed from, and the BSC may take whatever action the building official (or other official) should have taken. • Sec. 18-19. - Quasi-judicial enforcement. The BSC has exclusive authority with respect to quasi-judicial enforcement of health and safety ordinances, to the full extent prescribed by section V.T.C.A., Local Government Code § 54.031 et seq. The city hereby adopts and implements subchapter C of chapter 54 of the Texas Local Government Code (sections 54.031 et seq., relating to quasi-judicial enforcement of health and safety ordinances) ("subchapter C"). The procedures and remedies prescribed by subchapter C shall be in addition to, and not in lieu of, all others prescribed by this Code or the laws of the state. subchapter C shall apply to and govern those proceedings expressly commenced under subchapter C by the filing of an appropriate written pleading with the BSC. The building official is hereby designated as the appropriate official of the city to present cases to the BSC under subchapter C. The city attorney may assist the building official and may designate other attorneys to assist the building official. Only the BSC, and not another board or commission, may exercise authority under subchapter C. • Sec. 18-20. -Variances. (a) Generally. The BSC has limited authority to issue variances from ordinances subject to its appellate authority or quasi-judicial enforcement authority. 3826 Amherst St. www.westutx.gov West University Place, TX 77005 713-662-5830 City of West University Place Public Works Department (b) Applications. Any person who is restricted or regulated by a provision of the ordinance in question may apply for a variance. However, the application must either be signed by the owner of the property involved or must be accompanied by written proof that the person who does sign has specific authority from the owner to apply for the variance sought. Applications for variance must be made upon forms prescribed by the building official, must be complete, must be signed under oath, must be accompanied by the fee prescribed by the city and must be filed with the building official. The application must include the following: (1) The particular requirement, cited by section and paragraph number, from which a variance is sought. (2)The nature of the hardship imposed by the requirement. (3) Any proposed condition, alternative method or procedure to be followed in lieu of the requirement. (4) The effect of the requested variance, upon the city as a whole and upon nearby residents and properties. (5) The estimated cost, in dollars, of complying with the requirement. (6) Other items required by the building official or the BSC. (c) Handling; notice. The building official shall transmit applications to the BSC, which has sole authority to issue variances. If the building official determines that an application would possibly have a significant effect upon other properties or persons, the building official shall attempt to provide notice to such persons prior to the time when the BSC will consider the variance. Such notice may be given by publication,posting or mail, as the building official may determine. (d)Permissive factors. In considering a variance, the BSC may take the following into account: (1) Whether the variance will assist in the protection or preservation of historic structure or in the protection or preservation of old stock housing (as such housing then exists or as it may be proposed to be remodeled or expanded). (2) Whether the application involves remedial work necessary to bring a structure into compliance with applicable ordinances. (3)Whether there are other similar circumstances in existence. (e)Mandatory factors. In considering a variance, the BSC shall take the following into account: (1)Whether the applicant has made an earnest, good faith effort to comply with the requirement. (2) Whether the applicant brought the matter to the attention of the city on his own motion, without intervention or enforcement action by any city official. (3) Whether alternative methods or procedures will achieve the same, or substantially the same, result as literal compliance with the requirement. (f) Required findings. The BSC may not issue a variance unless it affirmatively finds all of the following: 3826 Amherst St. www.westutx.gov West University Place, TX 77005 713-662-5830 City o¢.. West University Place Public Works Department (1) The imposition of the requirement imposes an exceptional hardship upon the applicant. It is the general intent of this section that financial cost alone, would not ordinarily constitute an exceptional hardship. (2) No reasonable and feasible method or procedure is currently available to comply with the requirement. (3) The imposition of the requirement is unjustified because of good and sufficient cause demonstrated to the BSC. (4) The variance will not introduce or increase any threat to public health or safety. (5)The variance is consistent with the purpose and intent of the ordinance in question. (6) The variance will not cause a nuisance and will not unreasonably interfere with the use of nearby property. (7)The variance will not cause a fraud to be worked upon the public or any individual. (8) The variance will not cause an increase in public expenditures or budgets. (9) The variance will not create an irreconcilable conflict with any other ordinance, law, rule or regulation. (g) Form of variances; conditions; recordation. No variance is effective unless it is in writing and signed by the duly authorized officers of the BSC. The BSC may impose restrictions or conditions upon any variance and may require that notice of a variance be recorded in the real property records of the county, at the expense of the applicant. (h) Effect of variance. Variances do not create any property right or vested right. Variances remain subject to the regulatory control of the city. When a variance has been issued, the building official may not deny a permit because of noncompliance with the requirement affected by the variance, provided that all conditions are complied with. It shall be an affirmative defense, in any proceeding to enforce the requirement, that a variance was issued to authorize the conduct in question, that the variance has not been modified or revoked and that all applicable conditions have been fully observed and complied with. (i) Revocation; modification. The BSC may revoke or modify any variance previously issued, provided that a good faith attempt is first made to notify the person who applied for the variance." Staff recommendations. City staff request that the BSC deny Applicant's request for a tree removal permit to remove the 33' diameter (103" circumference) Sycamore tree from the right of way area adjacent to 3104 Georgetown Street. 3826 Amherst St. www.westutx.gov West University Place, TX 77005 713-662-5830 City of J West University Place Public Works Department The BSC may affirm, reverse, modify or remand the decision of the Urban Forester appealed from, and the BSC may take whatever action the Urban Forester/building official should have taken. 3826 Amherst St. www.westutx.gov West University Place, TX 77005 713-662-5830 uaEST Ury,i, OF 9s City of West University Place m APPLICATION TO THE BUILDING AND STANDARDS COMMISSION OF THE CITY OF WEST UNIVERSITY PLACE, TEXAS ("CITY") TEXAS Address of site: 3104 Georgetown St., West University, Texas 77005 Legal description of the site: Lot 25 Blk 3 RICE COURT, West University, Harris County, Texas Applicant: Regan Custom Homes Address: 5210 Spruce Street, Bellaire Texas 77401 Contact: Shawn Regan Phone: 281-455-3520 Fax: n/a Email Address: shawn©recianbuilt.com Decision or Action Requested(check one or more and provide requested data): (x)Appeal. Hear and decide an appeal from an order, requirement, decision or determination made by the building official (or other administrative official) of the City. • Name and title of the administrative official: Craig Koehl,Urban Forester and unnamed "City Staff" • Is the official's action in writing? (x)Yes; (x) copy is attached as Exhibit A ( ) No, but the action appealed is as follows: • When was the action taken? 3/16/2023 Note: Appeals must be filed within a reasonable time. Please explain any delay below: Delayed to observe impact of construction on the Sycamore and impediment to the development of the Applicant's property. • Exact code of ordinance section(s) involved: Section 82-4(a)Permit Required and Section 82-4(b)Criteria for Issuance of Permits • Grounds for appeal: Unreasonable restriction of issuance of permit for removal of tree which is found to be damaged and impacted by construction and is an unreasonable impediment to the use of the Applicant's property. ( ) Special Exception. • Exact code of ordinance section that authorizes the special exception: • Exact wording of special exception requested: ( )Variance. • Exact code of ordinance section from which a variance is requested: • Exact wording of variance requested: Other Data. Are there drawings or other data? ( )No (x )Yes (list items here and attach them) Letter from Tree Care,Inc.;pictures of the site evidencing danger due to the natural leaning of the tree;attachment noting that the City requirement to not block the sidewalk resulted in the critical root system not being protected as set forth in the City's Tree Criteria Manual;and interpretation of Chapter 82,Urban Forest Preservation and Enhancement is not following the intent nor clear and concise wording of the ordinance that prevents a citizen from removing a dangerous tree that is an unreasonable impediment to the use of the Applicant's property and poses an imminent or immediate threat to persons or property. State of -ie.x&.s County of -Hai,y l S This instrument was acknowledged beforeme on ° 20 a3 by S� �\ �' C;,-- C v\ ti 4�sr.� D � -✓ S-4-0 m -1-1-oikk.,3as Qv-tcf d.x - .,'pY P��q CAROL M BURKE (Se- ) ,��,o Notary 10#4490394 /� My Commission Expires °'e,;,1'A March 5, 2024 My commission expires: ,_ ,. i•---� tiL`c v 6?C? ,-C_.-- , Notary Public *****$500 FILING F VIDE ORIGINAL PLUS 15 COPIES (16 TOTAL) OF ALL SUBMITTALS***** in S g ature of applicant: —Pre..–er(b,.!' Dater D-(0) ;�U; Ir.For Staff Use only Date filed: �0 ) Date heard: ''1 1 ) Docket#: Y -LA'0Sc Form BSC-102 ExhAk+ A Carol Burke Subject: FW: Questions From: Craig Koehl <CKoehl@westutx.gov> Sent:Thursday, March 16, 2023 7:55 AM To: Carol Burke<CBurke@KSLAW.com> Subject: RE: Questions CAUTION:MAIL FROM OUTSIDE THE FIRM Ms. Burke, City staff has revisited its interpretation of Chapter 82, Urban Forest Preservation and Enhancement, as it applies to the Sycamore tree in the City street right of way in front of 3104 Georgetown, and has determined there to be no inconsistencies with the current tree disposition relative to that interpretation. City staff's past practice has been to deny an application for a tree removal permit for a Class I or Class II tree, as defined by the City's Tree Criteria Manual, located in the street right-of-way unless the tree was diseased,damaged,or caused an unreasonable impediment to the applicant's property.See https://www.westutx.gov/DocumentCenter/View/126/Tree-Criteria-Manual- PDF?bidld=(defining Class I and Class II trees). Section 82-4(a), Permit Required, requires a tree(removal) permit to remove any tree,whether on a lot(building site)or in the street right-of-way adjacent to a lot. The City's administrative official is authorized to permit the removal of a "large tree", i.e., a tree with a circumference over 19", if the tree is diseased or damaged and the tree causes unreasonable impediment to the use of the applicant's property.Sections 82-2, Large Tree, and 82-4(b), Criteria for issuance of permits,subsections(2) Tree in poor condition, and (3) Tree as impediment to proposed use of the subject site.The Sycamore tree requested to be removed is a "large tree". In the opinion of the City's administrative official,the tree is not diseased or damaged,and the tree does not cause an unreasonable impediment to use of the applicant's property. As mentioned previously,Section 82-8(f),Decisions and appeals, of the City's Code of Ordinance provides an appeal process to the Building and Standards Commission should you choose to appeal City official's application of the ordinance. Please let me know if you have any questions or would like any additional information. Craig Koehl Urban Forester City of West University Place 3826 Amherst St., West University Place, TX 77005 Tel713-662-5313 I I ATTENTION PUBLIC OFFICIALS: This email,plus any attachments,may constitute a public record of the City of West University Place and may be subject to public disclosure under the Texas Public Information Act. A"reply to all"of this e-mail could lead to violations of the Texas Open Meetings Act.Please reply only to the sender. From: Craig Koehl Sent:Tuesday, March 7, 2023 7:04 AM To: Carol Burke<CBurke@KSLAW.com> Subject: RE: Questions 1 APPEAL TO WEST UNIVERSITY BUILDING AND STANDARDS COMMISSION OTHER DATA Due to the size of the lot(50 x 100') and the height(approximately 80 feet) and leaning angle of the tree, the Critical Root Zone (CRZ) has been severely impacted during construction. In addition, the construction of the driveway based on the approved building permit would further cut into the root system thereby posing an imminent or immediate threat to persons or property(see attached building layout with location of tree as it relates to the driveway). If the Applicant is not allowed to remove the tree prior to installation of the driveway as approved pursuant to the building permit,then the location of the tree is an impediment to the use of the property. An arborist, Tree Care, Inc, the builder, Regan Custom Homes, and John and Carol Burke who have the property under contract to purchase,have been watching the impact of the construction on the tree and based on their believe that the tree is in rapid decline and is an imminent or immediate threat to persons or property. Further damage to the Critical Root Zone due to the installation of the driveway will result in the tree falling and damaging the new home and multiple adjacent properties. The tree is already damaging the roof line and shingles on the new home due to its size. The tree has been an impediment to the construction already as evidenced by the requirements under the Criteria Manual for Urban Forest not being met due to the size of the tree and the small lot size as follows: • The required fencing to cover the Critical Root Zone(which is one half of the longest limb) to the dripline was not able to be adhered to but instead the fencing was literally on the trunk of the tree and all the construction materials and debris, vehicles and porta toilets have been placed on the root system and well within the Critical Root Zone since the commencement of construction. • As noted above,the installation of the driveway and sidewalks will cut further into the root system causing imminent hazards and harm to the community property and people. The property owners are impeded from installing a proper driveway into their new home in compliance with the City requirements unless this tree is removed and the driveway visibility triangle is not clear due to the impediment of the tree. • The leaning and size of the tree is an imminent or immediate threat to the persons or property of the new home and the neighbors to 3104 Georgetown. Chapter 82, Section 82-1 Purpose states that"The urban forest of the city should be preserved and enhanced,to the maximum extent feasible, consistent with the property rights of its citizens." To deny the issuance of the required tree permit to remove the subject tree is inconsistent with the intent and purpose of this Chapter. As further noted in Section 2.3 of the Criteria Manual for Urban Forest as follows: "In addition to the preservation of valuable trees, many other factors can affect site planning; reasonable and lawful use of the property, cut and fill limitations, access and egress restrictions, parking and driveway requirements, and impervious cover limitations. Tree preservation is intrinsically less definite than most of these restrictions, and all factors must be considered together to arrive at a reasonable solution. In some cases, it may be desirable or necessary to remove trees and replace them with newly planted trees. " Carol Burke,the potential owner of the subject property, a resident of West University since 1986, wrote the West University Tree Ordinance in February 1994 and clearly understands the intent of the tree ordinance and has a deep appreciation of preserving the trees, when possible, in West University. She has been on the Parks Board both as President and as an advisor since 1986, started the Park Lovers Ball which has raised millions of dollars for the parks in West University, lead the group that acquired the prior YMCA property which is now the Recreation Center, acquired the property around Colonial Park and many other achievements that benefited the beautification of parks and trees within the City. However,Carol notes that the tree ordinance was not designed to prohibit the removal of a tree,but was written with the intention and direction that the builders protect the (i) existing trees when possible unless it "causes an unreasonable impediment to use and enjoyment of the property", and (ii) the critical root zone so that the new homeowner wouldn't be faced with the unexpected expense in having to take the impacted tree down shortly after purchasing the new home. The tree ordinance also requires mitigation and replanting of trees to keep West University"green". Furthermore,the ordinance was generally based on the tree ordinance of the City of Austin and their ordinance does not consider Sycamore trees as protected trees. As a side note, there was a same age Sycamore on the adjoining property which was in the same poor condition four years ago and started dropping large branches and the City allowed the removal without special conditions or replacement requirements. We respectfully request you to grant the appeal to remove the subject tree during the construction period as a result of your finding that: (a) Pursuant to Chapter 82, Section 82-4(b), the tree is an impediment to the proposed use of the subject site and causes an unreasonable impediment to use and enjoyment of the property and that the subject tree may be removed;and (b) Pursuant to Chapter 82, Section 82-4(a), the City shall issue a tree permit to remove the subject tree which is an impediment to the use and enjoyment of the property and is an imminent or immediate threat to persons or property. This appeal is for the approval of the removal of the subject tree. If the Board cannot find for the Applicant under Chapter 82,Section 82.4(b)and authorize the issuance of a tree permit under Chapter 82,Section 82.4(a), then we alternatively plead for a finding in our favor under Chapter 82, Section 82-4(b)(3) that the replacement criteria take into consideration the existing condition of the tree,the impediment to the use and enjoyment of the property,and the imminent or immediate threat to persons or property and require that any replacement trees be planted or put into the tree bank. A replacement tree that is more suited to the size of the lot will be planted on the property in place of the subject tree. TREE CARE, INC Mrs. Carol Burke 3811 Riley Street Houston, TX 77005 March 16, 2023 Dear Mrs. Burke, Concerning the Sycamore at 3104 Georgetown observed on March 16, 2023 at 11:30 a.m. Upon inspection of the Sycamore in front of the property in between the street and the sidewalk, the tree is in a state of transition from winter to spring, currently budding out and producing leaves. There are enough leaves to still assess the health of the tree. The overall health of tree is good. There are minimal dead limbs in the canopy and it has been pruned properly throughout the years and has good interior limbs. However, one negative aspect of the tree is the location in between the street and sidewalk. Due to its urban location, the tree is probably not as healthy as it would be if in area where roots could spread out more. The other concern is root damage and compaction of roots from construction on the home. There is protection fencing in a 2- foot diameter around the tree, however the drip span of the tree expands much farther out than the tree and the area protected, therefore I am confident the roots are being compacted and damaged from construction of the home. We are likely to see stress from this event which could result in large dead limbs or a future decline of the tree. Serving the Houston and Brenham areas for over 43 years 106 South Market Brenham,Texas 77833 Houston 713.850.8466 Brenham 979.836.5038 customerservice@treecarehouston.com NOTES LOT COVERAGE CALCULATIONS THE FO AND GOCOOP AN ORDI OE M Cfa'RRLIAMC6 0114 M�Rraww.�eet,U trreet:•u THE FOLLOIURd3 COOP AND 0127MMIGEB r x".64••• wn�r•1ir66.61611.i tPAI •aiaereen.sum arw. 4CW.MOQ••Oar. .0•••••••••••••..am.. f �� 1��.! vw� N� r PURSER Ai't Wit:l OVAL w"'..p., "wr"'..••.w.�`i...•ir�r f rw� f1 a sr r•+rn r ar.6 iweml•I ew.s .rw`aa"vr •.�..r..16.n ' f r..pR.peew...�°rs+ r..irnope Wtl Yell r.grry :ii'r,�i'.�i i�i I "�A°" is i! 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' 4 . mell..:,0.,„ .� '- list. p,,,,, 1 , to t �t JMk`�,' • • aFh '�'�\ Y" fit, {t w. r J ♦ •�� :.-� _ :ice,t". •ri;. �• 1110040. i • • ' riot • .F try '�A� �;,,+,� ^$ vwr rx�s9r �� *,.' p• d ;.'w*e�' -v*g'`'s TREE CARE, INC Mrs. Carol Burke 3811 Riley Street Houston, TX 77005 March 16, 2023 Dear Mrs. Burke, Concerning the Sycamore at 3104 Georgetown observed on March 16, 2023 at 11:30 a.m. Upon inspection of the Sycamore in front of the property in between the street and the sidewalk, the tree is in a state of transition from winter to spring, currently budding out and producing leaves. There are enough leaves to still assess the health of the tree. The overall health of tree is good. There are minimal dead limbs in the canopy and it has been pruned properly throughout the years and has good interior limbs. However, one negative aspect of the tree is the location in between the street and sidewalk. Due to its urban location, the tree is probably not as healthy as it would be if in area where roots could spread out more. The other concern is root damage and compaction of roots from construction on the home. There is protection fencing in a 2-foot diameter around the tree, however the drip span of the tree expands much farther out than the tree and the area protected, therefore I am confident the roots are being compacted and damaged from construction of the home. We are likely to see stress from this event which could result in large dead limbs or a future decline of the tree. Our assessment does not guarantee that this tree will not fail within 1 year. We are here to provide you with information concerning the tree and it is up to you and your risk appetite as to what you do with the tree. Please contact me with any questions. The Sycamore was observed again on Wednesday, September 6, 2023. From the last inspection, the property has undergone further construction including a new driveway and sidewalk being installed in the drip span of the tree. The overall health of the tree canopy appears lower than last observed. There are some new dead limbs and the tree has thinned out significantly with noticeably less leaves. The tree seems to be in a state of decline especially in comparison to the appearance of the tree that was in moderately good health in March. When trying to assess the reasons for the decline of a tree, it is important to note that it is usually a combination of numerous factors. In this situation, I tend to believe that drought and root damage are likely the biggest reasons we are seeing a decline. The city of Houston has seen minimal to no rain all summer and we have had record heat in the month of August. Combine that with the root damage of construction, and it can cause a tree to decline. Serving the Houston and Brenham areas for over 44 years 106 South Market Brenham,Texas 77833 Houston 713.850.8466 Brenham 979.836.5038 customerservice@treecarehouston.com TREE CARE, INC Another aspect that is important to take into account in addition to tree health is the structural integrity of the Sycamore. It is apparent to me that root damage and root and soil compaction has occurred due to the proximity of the new driveway and sidewalk. The proximity of the sidewalk and driveway are also in the critical root zone of the tree. This is important to note because anytime you are cutting or damaging roots in the critical root zone area, it tends to cause greater decline to the health of the tree and more issues with the structural integrity. If roots are cut in the critical root zone, it can cause higher probability of tree failure especially in storms. The client has also stated that the driveway will need to be expanded another two feet closer to the tree which will only further damage the roots of the tree. Overall, I do believe there is cause for concern with the Sycamore. Because of all the various explained factors, I do feel that the city forester should assess the tree for its health and structural integrity and ultimately make a decision after weighing risk factors. If the city forester has already assessed it, please make sure that he or she has assessed it within the past month. Because of the excessive heat and drought, trees are rapidly declining and more assessments have to be made in the current time frame. Sincerely, Taylor Richardson ISA Certified Arborist ISA Tree Risk Assessment Qualified TX-4661A Tree Care, Inc. Data provided by Tree Care,Inc, are based on observations made at the time of inspection and considers only known targets and visible/detectable conditions of the tree and site consistent with a Level 1 assessment per ANSI A300(Part 9)standard, the ISA Best Management Practices(Tree Risk Assessment). This level of assessment is consistent with the client solicitation. Tree Care,Inc. is not responsible for discovery or identification of hidden or otherwise non-observable hazards Observations do not include individual testing or analysis and do not include aerial or sub-soil inspection. Any reference to time frame is not a guarantee for tree stability. Records may not remain accurate after inspection due to variable deterioration of inventoried material. Extreme weather or unforeseeable events may cause tree failure. Tree Care,Inc.provides no warranty with respect to the fitness of the urban forest for any use or purpose whatsoever. Serving the Houston and Brenham areas for over 44 years 106 South Market Brenham,Texas 77833 Houston 713.850.8466 Brenham 979.836.5038 customerservice@treecarehouston.com