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Variance Request - City File No. 99-011 - Request for variance from the 37 percent requirement of Section 126-327(2) of Chapter 126, Article III, Tree Conservation, of the Code of Ordinances, for Rochester Meadows Site Condominiums, located south of Avon and east of Rochester roads, zoned R-3, One Family Residential, Parcel Nos. 15-23-201-006, -010, -011, -012, Roy Rathka, Applicant
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Resolved that the Rochester Hills City Council hereby denies a variance of 5.7 percent (i.e., 17 trees) from the 37 percent requirement of Section 126-327(2) of Chapter 126, Article III, Tree Conservation, of the Code of Ordinances, for Rochester Meadows Site Condominiums (City File No. 99-011), identified as Parcel Nos. 15-23-201-006, -010, -011, -012.
FINDINGS:
1. The location quality, and age of a regulated tree are not a factor in determining the applicability of Section 126-327(2) of the Tree Conservation Ordinance.
2. There are no special circumstances or conditions affecting the property such that the strict application of the Tree Conservation Ordinance would deprive the applicant of the reasonable use of the land.
3. The variance is not necessary for the preservation and enjoyment of a substantial property right of the petitioner, as there are alternatives available to meet the requirement of the Tree Conservation Ordinance.
4. The variance will not further the objectives and policies of the City.