An alert resident noticed three, not two trees were cut, the third tree overnight.
The violation of the Anna Maria tree ordinance caught the attention of city commissioners, who are considering enhancing penalties.
Despite a commission hearing in October 2017 ordering property owners John and Lou Ann Lynch to preserve one of three grand trees on their property at 62 N. Shore Drive, the couple brought all three down March 17.
Mayor Dan Murphy brought the incident up March 22 at a city commission meeting and the city issued a citation March 23.
During a past hearing, attorney Aaron Thomas argued the Lynch home could not be built with the existing trees — a water oak, live oak and java plum.
After negotiations, commissioners agreed the water oak and the java plum could be removed because the location of the trees and the tree roots presented an undue burden and they noted the java plum was in poor health.
However, the agreement stipulated the Lynches needed to preserve the live oak at the southern end of their property.
Commissioner Carol Carter suggested revisiting the ordinance.
The city’s grand tree ordinance stipulates that grand trees, any tree with a circumference greater than 24 inches, cannot be removed without commission approval, and may only be removed if the lot is otherwise rendered “unbuildable.”
The ordinance also requires the landowners to replace a grand tree with a new tree —1.5 inches in diameter and 10 feet tall.
Murphy said a problem with the ordinance is the maximum fine of $5,000, which he said is not enough of a deterrent for properties that sell for several million dollars.
City attorney Becky Vose said she would come up with “creative” ways to increase the penalty, as state laws dictate the maximum fines for municipal ordinances.
Commissioner Doug Copeland said the ordinance is “terribly flawed” as written and should be revisited in the near future.
There is a home at (210?) 72nd Street between Gulf and Holmes Blvd that has recently sold, and has signs of possible tear down and staked boundaries. A new water line was installed beside a huge old tree, and a large root from it was severed in the process. Is there a process in place to protect this beautiful old tree from the same fate? Have plans been approved by the city of Holmes Beach? Has anyone been there to document what the builder intends to do with the existing trees on the property?
Prevention is key!!
K. Tuell
Clark Drive
Here’s a deterrent. If a grand tree is cut down without permission, forbid building ANYTHING on that site for 12 months. Or, forbid it until a new tree of the same size, AND health, is planted – and still doing well a year later. THEN allow construction to begin.
Money doesn’t mean much to people who do things like this, particularly the absentee owners. Take their ability to build away, and they’ll listen.
Cutting this grand and irreplaceable Live Oak tree was a crime against nature, a crime against everyone who lives on our Island, and a crime against everyone who visits our island. There is no adequate remedy for the destruction of a 100 year old tree. The statement that the lot is unbuildable without removal of the Oak tree is factually untrue. What other untruths have or will these people attempt to perpetuate in their quest for profit? In addition to the token fine, the building permit should be withheld to allow time for further scrutiny, in order to check very carefully for other violations planned by a builder that clearly thinks the rules don’t apply to them. Furthermore, the actual construction should be restricted as if the tree still remained.. Let’s find a way to be sure that the Golden Rule doesn’t mean ‘them that has the gold makes the rules’.
If you want to look into a GOOD Grand Tree ordinance, research Charleston South Carolina’s!! The problem with this island from an outsiders’s view, is it seems to be very reactionary instead of preemptive. Beautiful places need serious preservation, a board of architectural review, vegetation preservation etc. You need serious fines for such apparent disregard.