Consider a Request for a Variance to Utilize an Alternative Tree Inventory Methodology for Serenity at Rivers Edge (Project No. 26-101); Case of Rivers Edge Development LLC

The City has received a Land Use Application from Rivers Edge Development LLC (the "Applicant") seeking a variance to utilize an alternative methodology to complete the required Tree Inventory and Preservation Plan for the plat known as Serenity at Rivers Edge.  They are not attempting to avoid the tree inventory requirement, they are simply requesting to utilize a sampling method that can be extrapolated out to the entirety of the property.  The project is located on the south side of Riverdale Drive, between Dolomite Street and Sunfish Lake Boulevard (the "Subject Property").  The Subject Property abuts the Mississippi River and is within the Mississippi River Corridor Critical Area (MRCCA) Overlay District.  

Due to timing issues, there was not enough lead time to get a Public Hearing notice to the Anoka Union Herald, the City's official newspaper, in time for the Planning Commission to hold the Public Hearing.  Staff is trying not to delay the project unnecessarily, so the official Public Hearing will be conducted by City Council, still with guidance from the Planning Commission.  In advance of the Council meeting on April 14, City Staff will attempt to notify Property Owners, as reflected in the Anoka County Property Records, within 350 feet of the Subject Property of the variance request. 

The Subject Property is approximately 9.24 acres in size and of that, approximately 6.5 acres are wooded.  The Subject Property has several very dense stands of eastern red cedar, which is the dominant species on site.  Eastern red cedars have dense branching that extends down to the ground, making it challenging to access the trunk to not only measure the diameter but also to tag individual trees.  Coupled with how tightly packed together the trees are, it creates essentially a physical barrier to accessing each individual tree for inventorying purposes without removing much of the lower limbs.  This would not only take significantly more time to complete, but also seems contradictory to maintaining existing vegetation in its current state, which is a goal of the MRCCA Overlay District.

Due to these factors, the Applicant is seeking a variance to utilize a Fixed Radius Plot (FRP) method to collect tree data.  The FRP method is somewhat commonly used in the timber industry when the trees are generally the same age, size, species, and are in similar growing conditions, all of which appear to apply in this case.  Rather than inventorying each individual significant tree, the Applicant would set up a grid with predetermined plot sizes (maybe something like 1/10 acre plots).  Within each of these plots, all significant trees would be inventoried (still will be challenging based on the growth characteristics of eastern red cedar, but not as time consuming as inventorying all significant trees).  This data can then be extrapolated out across all wooded areas on the Subject Property to provide a per acre relative basal area, relative species abundance (while the site is dominated by eastern red cedar, there are other species present as well), and relative health condition.  This can then be used to ensure the project complies with the tree preservation standards.

Since the Subject Property is within the MRCCA, there are additional vegetation management standards that apply, including the requirement for a Vegetation Permit to address tree removal associated with any site improvements (e.g. constructing a new home).  Thus, at the time of building permit submittal (for a new home), a Vegetation Permit application will also need to be submitted.  This will provide additional, lot specific details on which trees will be removed.  Furthermore, due to the Existing Significant Vegetative Stands, tree removal is limited to only the minimum necessary to accommodate the development.   

The Environmental Policy Board (EPB) reviewed this request at their March 16, 2026, meeting.  Unfortunately, there was not a quorum present for this meeting, so there was no formal recommendation from the EPB.  However, amongst the three (3) members that were in attendance, there was consensus to support this request. 

When contemplating a variance, a three (3) factor test must be applied to determine that practical difficulties exist.  The 3-factor test is as follows:

1. Reasonableness — The proposal is to utilize an alternative methodology for collecting tree data, not to eliminate the requirement of a tree inventory.  The vast majority of tree cover on the Subject Property consists of a single species, eastern red cedar, and they do appear to be similar in size and height, and are in very similar gowning conditions, which makes the FRP method suitable.  The FRP sampling method should result in a fairly accurate accounting of existing trees, making this a reasonable proposal.
2. Uniqueness — The denseness of the eastern red cedars, especially when taking into account their growing characteristics (dense branch structure that extends down to the ground), creates an almost impenetrable barrier to the interior trees, short of trimming out many of the lower limbs.  As a result of the branching characteristics and the density of the trees, many of the lower limbs are dead (due to a lack of sunlight reaching them), which could represent a hazard for anyone attempting to conduct a tree inventory.  The site conditions also would make it very challenging to assess trunk diameter and to tag each significant tree.
3. Essential Character — Utilizing an alternative methodology to collect tree data will not impact the essential character of the surrounding area.  Tree data will still be collected and reviewed to ensure compliance with tree preservation standards.   

 

The Applicant is responsible for all costs associated with this request.

Staff recommends approval of the variance to utilize an alternative methodology to collect tree data.  The EPB also reviewed this request.  Unfortunately, there was not a quorum for their meeting, so there was not a formal recommendation.  However, the consensus of the three (3) members that were present was to support the requested variance.

Motion to recommend City Council adopt Resolution #26-087 granting a variance to utilize an alternative methodology to collect tree data for the plat known as Serenity at Rivers Edge.