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City Council Resolution 2015-04CITY OF MONTICELLO WRIGHT COUNTY, MINNESOTA RESOLUTION NO. 2015-004 DENYING THE APPEAL OF THE ADMINISTRATIVE DECISION AS RELATED TO APPLICATION OF MONTICELLO ZONING ORDINANCE, CHAPTER 4, SECTION 2 — TREE PROTECTION WHEREAS, the Monticello City Council adopted the Monticello Zoning Code which included Chapter 4 - Finishing Standards, Section 2 — Tree Protection on January 24, 2011; and WHEREAS, the Monticello Planning Commission, acting as the Board of Adjustment and Appeals, met on December 2, 2014 to consider an appeal of an Administrative Decision made by the Community Development Department as related to the application of the zoning regulations pertaining to Chapter 4, Section 2 - Tree Protection, and subsequently upheld the decision of the Community Development Department; and WHEREAS, the Monticello City Council met on January 12, 2015 to consider an appeal of the Administrative Decision made by the Planning Commission/Board of Adjustment and Appeals on December 2, 2014; NO W THEREFORE, BE IT RESOL VED B Y THE CITY CO UNCIL OF MONTICELL 0, MINNESOTA: that the appeal of the administrative decision is denied and the Council affirms the determination by the Community Development Department and Board of Adjustment and Appeals that Monticello Zoning Ordinance, Chapter 4, Section 2 — Tree Protection is not applicable to the subject tree, based on findings as follows: a. Diameter at breast height is a variable measurement based on characteristics of the tree being measured for ordinance. b. The subject tree has been measured at 34" diameter breast height by the City of Monticello's consulting arborist, using commonly accepted and practiced methodology. c. The determination by the Community Development Department that the tree is not a specimen tree is reasonable and supported by the record. ADOPTED BY the Monticello City Council this 26th day of January, 2015. CITY OF MONTICELLO Brian Stumpf, Mayor ATTEST: Jeff VAgiff, City Administrator