(a) Appeal of Administrative Interpretation or Decision.
(1) A person affected by an interpretation or decision of the Administrative Official under this chapter may appeal to the Tree Board. Such appeal must be received in writing within ten days after the interpretation or decision has been rendered in writing and delivered to the property owner, or within ten days of the postmark date if the decision was sent in U.S. Mail to the property owner. The person shall file the appeal with the Administrative Official and must describe both the decision being appealed and the specific grounds on which the appeal is based.
(2) The Administrative Official shall then schedule a hearing of the appeal at the next available Tree Board meeting and transmit all the documents pertaining to the appeal to the Tree Board at a reasonable time prior to the meeting. The Tree Board shall hear the appeal to determine whether the decision of the Administrative Official was in accordance with this chapter and the Standard of Care. The decision of the Tree Board shall be final and binding and the applicant shall conform to the Tree Board's decision within thirty days.
(b) Variances.
(1) The Village Board may authorize a variance to any provision of this chapter following a recommendation from the Tree Board.
(2) A person requesting a variance from the provisions of this chapter shall do so in writing to the Administrative Official. A request for a variance shall be accompanied by a TCA or TCP as required by Section 1472.07, any other reasonable documentation that may be requested by the Administrative Official. All variance requests shall be accompanied by a non-refundable filing fee in the amount specified in the current fee schedule adopted by Village Board.
(3) Upon receipt of a written request for a variance and reasonable supporting documentation, the Administrative Official shall then schedule a hearing of the variance at the next available Tree Board meeting and transmit all the documents pertaining to the appeal to the Tree Board.
(4) The Tree Board shall hear the variance and determine if it will make a recommendation to the Village Board. The following factors shall be considered in evaluating the variance request:
A. Whether a literal enforcement of the chapter will create an undue hardship or an unreasonable practical difficulty on the applicant;
B. Whether the situation causing the unnecessary hardship or practical difficulty is unique to the affected property and is not self-imposed;
C. Whether a reasonable accommodation or alternative solution can be made to accomplish the desired activity without the alteration of the tree;
D. Whether the variance will injure or be wholly compatible with the use and future or existing development of adjacent properties;
E. Whether the increased development costs caused by preserving the tree create an undue hardship on the development of the site;
F. Whether there is any identified adverse effect of the alteration or preservation on erosion, soil moisture retention, flow of surface water, and drainage systems;
G. Whether there is any substantial impact to the buffering of residential areas from the noise, glare, and visual effects of non-residential uses;
H. The costs versus the benefits of relocating required utility service infrastructure and easements based on preservation or alteration of protected trees;
I. Whether the proposed tree replacement procedures adequately mitigate the alteration of the tree;
J. Whether the alteration adversely affects the public health, safety or welfare; and
K. Whether the granting of the variance will be in harmony with the spirit and purpose of this chapter to the greatest degree reasonably possible.
(5) Upon the Tree Board's recommendation to the Village Board, the Administrative Official shall then schedule consideration of the variance at the next available Village Board meeting and transmit all the documents pertaining to the variance. The Village Board shall then hear the variance to determine whether it should be granted or denied. The Board shall consider the same factors in Section 16.2(d) of the Zoning Code in its evaluation of the variance request.
(6) The decision of the Village Board with respect to any application for a variance.
(Ord. 1787. Passed 6-27-22.)