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As shown in attachment #3, seven of the eleven permits processed within the <br /> past eighteen months were in the less than 10 trees to be removed category <br /> with no public notice being required. While information was requested by <br /> area residents on some of these removals no objections were received. Of <br /> the four larger scale permits which required public notice, two (Enid and <br /> Irving) received no comments. <br /> The 3115 Whitten Drive permit involved a developed residential property in <br /> which the owner wanted to remove a number of Douglas firs to widen a <br /> driveway. The review and the six written comments which were submitted by <br /> local neighbors resulted in a partial approval being issued. <br /> While the Dillard Road permit became highly controversial. staff doesn't <br /> feel this was due to problems with the ordinance. A very limited approval <br /> was given for the removal of diseased or hazard trees and the construction <br /> of a small haul road. The permit holder seriously violated the terms of <br /> the permit and work was stopped. A fine of $10,000 was negotiated. As a <br /> result of this problem, the administrative rules to the Tree Preservation <br /> Ordinance were modified to forbid road building and the use of tracked <br /> vehicles. <br /> 2. Last spring abutting property owners severely overpruned a series of street <br /> trees along River Road near Beltline. These were trees planted with public <br /> funds by Lane County when this section of River Road was reconstructed. It <br /> was judged that the severity of this over - pruning would result in the <br /> deaths of the trees within the next 24 -36 months. On considering <br /> enforcement actions a review with the City Attorney's office determined <br /> that the City does not have a clear right to regulate pruning or removal of <br /> street trees by an abutting property owner. This resulted in the City <br /> being unable to recover the costs for replacing these trees. <br /> Due to budget constraints the City's tree maintenance program only address <br /> hazardous tree conditions when pruning. Through allowing abutting property <br /> owners the right to prune street trees gains additional maintenance of <br /> street trees without cost to the city. However. no standards have been <br /> adopted for pruning maintenance of street trees by abutting property owners <br /> which in the River Road case allowed the trees to be severely overpruned. <br /> C. Alternatives /Options <br /> An alternative option to adopting the proposed revisions would be to deny the <br /> motion and leave the Tree Preservation Ordinance in its current condition. <br />