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Builder Asks Rochester Leaders for Permission to Remove Landmark Spruce Tree

The tree on Ferndale Street would make it difficult to build a house on empty lot, he says.

 

An 80-foot-tall spruce tree on an empty lot at the corner of Ferndale and Oak streets in Rochester is testing a three-year-old city ordinance designed to protect such "landmark" trees.

Rochester City Council will hold a public hearing Monday night to hear a builder's request to remove the tree at 345 Ferndale, which the builder says would affect his ability to build a home on the lot.

According to city law, removal of a landmark tree or historic tree is prohibited without a resolution passed by the city council. The owner is charged with demonstrating there is good reason to remove a landmark tree and that that reason outweighs the public interest in retaining the tree.

The tree measures 4 feet in diameter and stretches about 80 feet high. 

"We believe preserving this heritage tree would create an undue hardship and practical difficulty in the location and future construction of a home on the property," owner Gregory L. Windingland of Lombardo Homes wrote to city council.

Windingland said the building of a home typical to others in the immediate area would be difficult. 

"Due to encroachment into the building envelope, root damage caused by basement excavation and grading, it would take extraordinary efforts to preserve this tree with the likelihood of it dying within a short time due to the stress associated with the home construction," Windingland wrote. 

"We would normally try to preserve a tree such as this as a great amenity to the property," he wrote. "Unfortunately, we do not see that as a viable solution."

This the first public hearing on a landmark tree removal request that the city has had since the introduction of the landmark tree ordinance in 2009. A copy of the ordinance is here.

"My neighbors and I are really opposed to cutting the tree down at 345 Ferndale. It makes no sense to remove a healthy tree just to build a big house," wrote Marie Lucas in a letter stating her opposition; Lucas also spoke to city council about the tree during a meeting in August. 

Mayor Pro-Tem Jeff Cuthbertson said the public hearing represents the intent of the ordinance: to take a serious look at these sorts of trees.

"It's really a gift from one generation to the next," Cuthbertson said about the city's landmark trees.

The public hearing will be held during the council meeting, which begins at 7 p.m. at Rochester City Hall. 

Related Topics: Landmark tree
What do you think? Tell us in the comments.

Tiffany Dziurman Stozicki

1:35 pm on Monday, September 10, 2012

I don't know the details on this particular tree (why it was selected as a landmark tree), but the community needs to be aware that there is more to history than buildings and people. There are many historic treasures that are not obvious at first look -- such as trees, landscapes, etc. The neighborhood where this tree is located has already seen the destruction of its circa 1920s elementary school (Woodward) for new houses and the trees there are and have been for decades an important visual reminder of our town's history. New construction can be a wonderful addition to neighborhoods and our community, but not when it's detrimental to the visual historic landscape and the history of surrounding neighborhoods. To say that this tree will "likely die" due to the home's construction is a weak argument and one often used to sway opinion in the builder's favor. Hopefully, a compromise can be reached. For more on another local landmark tree, see: http://oaklandtownship.patch.com/articles/treasured-township-oak-tree-may-predate-the-mayflower-expedition. These sorts of historic treasures are getting more and more difficult to preserve.

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Patricia Kane

4:20 pm on Monday, September 10, 2012

I believe it was Smith Builders that built the house right around the corner and preserved a stand of large trees. He was able to work the design to protect the trees. The home has a basement, and he kept that house with the same set back as the others and did a right nice job on the design. I think if the architectural plans could be re-worked, the tree can certainly be protected and saved. It will continue to add to the ambience and increased property values of not only that property, but the neighborhood as well. Preservation and historical significance is not just bricks and mortar, it is living specimens as well.

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Paul DeVreugd

5:07 pm on Monday, September 10, 2012

It is not the Bebb Oak on Livernois south of Hamlin that has taken decades to reach it's current form...it is a spruce. It isn't much bigger than 3 in my yard that were planted in the last 20 years. It is also a type of tree that will turn roots up with a good strong windstorm, especially standing alone on an otherwise vacant lot. It is very easy to dictate what can be done with land long after someone has purchased it. My solution...if the builder cannot be granted to construct a home similar to those in the immediate area, then the city should purchase the lot from him at market value and make the lot a neighborhood park. Seems only fair.

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Christopher

10:22 am on Tuesday, September 11, 2012

I think the other people in the neighborhood who don't want him to build should have to buy his land.

Patricia Kane

8:43 am on Tuesday, September 11, 2012

At Council last night the decision was made to preserve tree #357. This is a significant step to better protecting and preserving our green canopy & historical or landmark trees in Rochester. The ordinance has been on the books. A house can still be built on the property with ease without a problem. It is just a matter of allowing for the tree to remain on the corner of the front yard. It can be done. The builder can still make a profit and the neighborhood and that parcel can still benefit from increased property value because of tree #357. The tree has been there a long long time,
longer than any of those houses & well before the builder made the decision to purchase the lot. None of the houses are the same in that area, including a previous house that is out of character & newly built on Woodward. The tree has deep roots takes the winds well and the branches droop with heavy snow & water.

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Kristin Bull

9:07 am on Tuesday, September 11, 2012

Thanks for the update, @Patricia. I was busy at another government meeting nearby last night and was planning to catch up on this issue this morning — so glad to have residents helping report the news all over Rochester and Rochester Hills!

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Christopher

10:25 am on Tuesday, September 11, 2012

Can you prove that the tree has been there longer than any of the houses in the neighborhood? I thought an earlier post said that a previous developer planted it, so at best it's the same age.

My points
1. People love to make up facts to support their position, and most are untrue.
2. The neighbors have a conflict of interest in opposing the tree, tainting their opinion.
3. How poorly written was this law that it protects a 20 year old spruce?

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Patricia Kane

7:34 pm on Thursday, September 13, 2012

The tree has been there longer then those houses that surround it. It was there when the elementary school was there which was called 'Woodward". It is also visible in some of the old photographs. One of my neighbors remembers playing and
trying to climb it when he was a kid and the school was there. He is in his 60"s.
The houses came after the school was closed and then after the OPC which had located there moved to Letica St. The lots were then divided and sold for those houses and the original builder was (Dave) Smith Builders. The tree was already there, he did not plant it. The tree pre-dates those houses. I hope this helps.

Bob Jackie

11:46 am on Tuesday, September 11, 2012

This is an 80 foot tree. This is not a "20" year old spruce. That Bebb Oak on Livernois is not decades old it is over 200 years old.

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Icu Dou

5:51 pm on Sunday, October 28, 2012

The only person real authority to do much of anything with City owned trees is the City Manager who is not a certified arborist. Ditto the City Manager before the current one. The deck chairs on the Titanic really need to be rearranged.

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