3. Lake Susan Hills 9th Addition Tree Issue.3
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO: Don Ashworth, City Manager
FROM: Jill Sinclair, Environmental Resources Specialist
DATE: July 15, 1997
SUBJ: Tree Issues in Lake Susan Hills Development
One of the first residential developments in which the City fought for the organized preservation
of trees was Lake Susan Hills. On site was a high quality stand of mature oaks, many 30 to 40
inches in diameter, that covered the southern and eastern portions of the site. The goal of the
City and presumably the developer, Joe Miller Homes, was to preserve as many trees as possible
by placing houses in among the trees.
For each lot, there was a list of trees which could or could not be removed. As development
progressed, the treed lots began to be reviewed on a lot by lot basis due to the difficulty the
developer was having trying to fit houses on the lots according to the plans approved by the City.
It was discovered that many cff the trees were in poor locations to be saved since the list of
removable and preserved trees was created before the elevations of trees and proposed homes
were available. The builder was not allowed to remove trees scheduled to be preserved without
incurring a penalty and therefore was reluctant to remove any trees in excess. Trees preserved in
front and side yards were hardest hit by construction. Often the tree protection fencing
surrounding the trees was taken or knocked down by the builder and subcontractors and in many
cases there simply wasn't enough room to build a house without significantly encroaching into
the fenced off area. Now two years after the last house in the wooded areas has been completed,
there is a large number of dead and dying trees close to homes. In many cases, the house was
modified in order to save one or more trees and the majority of residents that live on these lots
now have had to remove large trees at their expense.
The homeowners are upset about the situation. The cost of removal for the trees (as much as
$2,000 per tree), the need for replacement plantings, and perhaps the most delicate, the value of
their property without trees after they paid a premium for a treed lot are all very important issues
to them. The builder and developer, Joe Miller Homes, has relinquished any responsibility for the
trees once the home was closed on. While homeowners are still trying to convince Joe Miller
Homes of their accountability, they also believe the City has a part in the overall predicament and
have stated that they would be willing to go to the media or court to expose that belief.
A dilemma exists: what part does the City play in the responsibility for the removal and possible
replacement of these trees. The city attorney states that legally the City has no responsibility due
to municipal immunity laws. However, this development was to a certain extent an experiment,
one that the City reviewed and approved. It was unknown territory for both the city and the
developer.
Last year the City was available to get Joe Miller Homes to remove four large oaks that had died
at two addresses within a year of the houses being built. Two other residences in the subdivision
went to court with Joe Miller over compensation for lost trees. The were both settled out of
court.
The homeowners are anxious to resolve these issues and some have spoken to the Mayor recently
about their concerns. There are a number of general directions in which to go:
• Organize a meeting in order to explain and educate the residents about the history of the
development and tree preservation efforts and listen to their concerns.
• Hire a arborist company to remove the trees at the City's expense.
• Plant replacement trees in the resident's yards.
• Make financial adjustments to reflect a loss of property value due to tree loss.
• Force Joe Miller Homes to take responsibility for the damages.
• Do nothing since the City has no legal responsibility for the trees.
I recommend you drive through the affected neighborhood. It's located near the southernmost
intersection of Lake Susan Hills Drive and Powers Boulevard.