tree proximity question

[vette-kid]

Ill try to condense the backstory, but before I do that, please don't turn this into a HOA bashing thread. We have covered that ground. Its a nice neighborhood and generally speaking the HOA is pretty easy to work with. I have complained about this tree on here before (its runners) but it is a really nice looking tree, so my position is bittersweet.

We have a large live oak that sits about 5 feet from the corner of our house and is at the end of a small flower bed area that is surrounded by the driveway and sidewalk to the front door. The tree is only a few feet from the paved areas. We have noticed that the driveway section are beginning to lift at the seams and the sidewalk has cracked and has an obvious rise to it. An Arborist came to look at it and agrees that the tree is causing the damage and it will continue to grow.

We asked the HOA for permission to remove the offending tree and replace it with a smaller, less invasive species (Crepe Myrtle or one of the smaller magnolia's maybe) as this one is beginning to present a hazard to the drive and sidewalk and its close proximity to the house puts the house at risk. There is also some shifting of the driveway slab where it meets the garage foundation and runners from the live oak popping up between garage slab and driveway. Here is the response I got back:

"I'm sorry to say that the ARC has denied the tree removal request. They said that roots don't typically cause issues with foundations.... If the roots are pulling up the driveway, then the driveway can be pulled up, roots cut out, and driveway put back in place."

Now I have several problems with this response, but the biggest is that after taking their expensive suggestion of removing driveway, removing roots and then replacing driveway, I will likely be left with a dying and unstable tree after removing large roots from at least two different directions. Oh, and the stamped border around my driveway is no longer available (the pattern for it) so I would have to take out all of it so I could replace with something else and have it all match. Driveway is probably 40 feet and is a side entry double garage with a stamped entry pas that would also have to be replaced in front of the man door, plus about 50-60 ft of stamped sidewalk to the front door.

Does anyone know if there are typically local or state ordinances dealing with the proximity of major tree's to a residential dwelling? Any idea where I can find this? I've been searching but coming up empty. Seems like having a large tree this close on purpose is a bad idea.

 

[Chuck]

I guess you could kill the tree and say it got sick and died. Have to be sneaky though

 

[roadrunner]

Just for a little context, is ARC an acronym, if so what does it stand for?

Chuck's recommendation is the only thing I can think of off hand as a final fix. Although, maybe in the short term you can dig up the roots going into the driveway and chop them up really good and then plant a flower bed (or something) there, maybe even lay down a barrier to prevent the roots from going that direction, at least a foot down.

I'm thinking if the roots do grow back in that direction at a foot down from the surface, they'll probably stay that deep and not interfere with the driveway.

However, what would concern me more is how the roots are affecting the house's foundation, making this denial of tree removal not logical, even if it was only just adversely affecting the driveway, the fix they suggest is not only expensive, but will most likely require multiple driveway replacements. Just not logical...


P.S. You don't have to completely dig out the roots, just cut them off from the tree and they should die.

 

[DrCase]

It would be terrible if the tree died . right after you cut the roots like they want you to do

 

[vette-kid]

Just for a little context, is ARC an acronym, if so what does it stand for?

Chuck's recommendation is the only thing I can think of off hand as a final fix. Although, maybe in the short term you can dig up the roots going into the driveway and chop them up really good and then plant a flower bed (or something) there, maybe even lay down a barrier to prevent the roots from going that direction, at least a foot down.

I'm thinking if the roots do grow back in that direction at a foot down from the surface, they'll probably stay that deep and not interfere with the driveway.

However, what would concern me more is how the roots are affecting the house's foundation, making this denial of tree removal not logical, even if it was only just adversely affecting the driveway, the fix they suggest is not only expensive, but will most likely require multiple driveway replacements. Just not logical...


P.S. You don't have to completely dig out the roots, just cut them off from the tree and they should die.

Sorry, ARC is the architectural review committee. They are the ones who approve (or not) structural and landscape changes

 

[vette-kid]

It would be terrible if the tree died . right after you cut the roots like they want you to do

I expect that is exactly what would happen. Would save me several grand I'd we just take it out now. I'm going to get the arborist to write up a recommendation and get a home builder to look at it. If I can get one of the big builders to agree that it is a poor location for the tree, perhaps that will sway them.