06/17/1987 - Laserfiche WebLink

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J. STAFF REPORTS: City Manager (continued) : Mr. Jerry Currie, 25545 O' Keefe, noted that five years ago he had been sued for $5 million for having an attractive nuisance. A car had gone out of control down his hill and hit the oak tree under discussion. In his opinion, to have to zig zag around the oak tree was a disaster waiting to happen. The City Manager stated that staff had received no documenation from the applicants to support their statements concerning financial and practical hardships unless the tree was removed. The cost estimate included in the applicant' s letter was not complete in that it did not include the cost of the placement of the sewer line. Staff therefore did not have adequate information upon which to evaluate the situation and, in accordance with Town policy, could not approve improvement plans which called for the removal of the oak tree. The City Manager stated that based on the information the Town had, the conditions of the subdivision could be met and the oak tree could be saved. Mr. Ralph Accola, 27461 Sherlock Road, commented that if the applicant had not provided sufficient information on their request, he saw no reason for Council to act hastily in making a decision. Rather the matter should be sent back to the applicant for additional background. MOTION SECONDED AND CARRIED: Moved by Dronkert, seconded by Siegel and passed by the following roll call vote to direct staff to see that the conditions of the subdivision for Lands of Currie, 25545 O' Keefe Lane, File TM #3-86, are met and if meeting the conditions means the removal of the oak tree, so be it. AYES: Mayor Tryon and Councilmembers Dronkert and Siegel NOES: Councilmembers Plummer and van Tamelen Tryon stated that this had been a difficult decision to make partly because of the lack of financial information submitted by the applicant. However, she was also quite concerned about the safety aspect of the issue. van Tamelen stated that she felt both the conditions of the subdivision and the saving of the tree could be achieved and did not feel that the motion provided a strong enough incentive to the applicant to save the tree. b) Joint Study Session with Planning Commission on Environmental Impact Report for Neary Project The City Manager suggested that a study session be scheduled with the Planning Commission and the City Council to discuss the EIR for the Neary Project. van Tamelen suggested that the matter of variance policies be added to the agenda for the proposed study session. It was agreed that this item would be placed on the next Council agenda for scheduling. L -8- 6/17/87