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TREE PROTECTION VIOLATION (J. BERLIN) <br />Art Challacombe, Chief of Environmental Planning, made the <br />following presentation: <br />TO: The Honorable Members DATE: January 16, 1986 FILE: <br />-of the Board of County <br />Commissioners <br />DIVISION HEAD CONCURRENCE: TREE PROTECTION VIOLATION <br />SUBJECT: MR. JOSEPH BERLIN - <br />CEB-85-044 <br />Robert M. Keaf ng,P <br />Planning & Dev lopment Director <br />FROM: REFERENCES: <br />Art Challacombe J. Berlin <br />Chief, Environmental Planning DIS:IBMIRD <br />It is requested that the data presented herein be given formal <br />consideration by the Board of County Commissioners at their <br />regularly scheduled meeting on February 5, 1986. <br />DESCRIPTION & CONDITIONS: <br />The subject property is owned by Mr. Joseph Berlin and consists <br />of approximately 6.13 acres, and is currently zoned M-1, Indus- <br />trial District. Prior to August, 1984, the property was <br />heavily forested by a variety of species and sizes of trees, at <br />least 24 of which were "protected trees" as that term is <br />defined in Chapter 23 1/2 of the County's Code of Laws and <br />Ordinances. <br />During approximately the first week of August 1984, Mr. Berlin, <br />through a hired landclearing operator and without application <br />for or issuance of County tree removal or landclearing permits, <br />cleared approximately the south 4 acres of the subject property <br />of all trees, including specifically the following protected <br />trees: <br />(a) 3 Maples, 10" 18" and 20" in diameter; <br />(b) 1 Pine, 20"; <br />(c) 1 Bay tree, 11"; and <br />(d) 19 Oak trees, ranging from 8" to 27". <br />The clearing was done by Mr. Berlin in anticipation of making <br />application for site plan approval for development of the <br />property as an industrial mart. The site plan application for <br />this project was submitted to the County on October 17, 1984, <br />and was approved by the Planning & Zoning Commission on <br />December 20, 1984, contingent upon the submittal of a revised <br />landscape plan indicating the location of ten Oak trees having <br />a six inch diameter at breast height (DBH). <br />On January 28, 1985, the violation was brought before the <br />Indian River County Code Enforcement Board. The findings, con- <br />clusions, and consent order approved by that Board and agreed <br />upon by Mr. Berlin with his signature on the order are as <br />follows: <br />53 <br />BOOK 6 3 F,,ar 541 <br />