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MEMORANDUM TO: FROM: SUBJECT: Michael E. Malone, City Manager Larry W. Schenk, City Attor~ Regulation of Trees Pursuant to Chapter 32 of the Code of Ordinances DATE: October 8, 2003 It is my understanding you have received an inquiry from a citizen desiring to bring before City Council a matter associated with the denial of an application for the removal of a protected tree under Chapter 32 of the Code of Ordinances. I am enclosing for your review and information the entire substance of Chapter 32, currently found on pages 1897- 1901 of the Code of Ordinances. By way of review, a protected tree is any tree having a circumference of sixty (60) inches or more, measured four and one-half (4 -1/2) feet above natural grade level ( Section 32-2, Chapter 32, Code of Ordinances). In the instance where a private citizen desires to remove a protected tree located on private property, the citizen my apply for such approval pursuant to Section 32-6(b) of the Code of Ordinances. Section 32-6(d) specifies the information which must be included in any such application. Upon receipt of said application, Section 32-7 specifies the actions to be taken by the department of parks and recreation, and specifically the city arborist, with regard to any such request. Under the terms of the ordinance, following receipt of a written application, if the application is not formally denied within ten (10) working days after the application is made, then the application is considered automatically granted (this relief is subject to appropriate review by the board of adjustment when an alternative means to avoid removal of the tree is by the grant ora special exception to the city's zoning ordinance, Section 32-7(a)). In any even~, and subject to the extensive provisions of Section 32-7, if the application is denied by the city arborist, such denial should be in writing to the applicant. Following receipt of that denial, the applicant has the right to appeal first to the planning and zoning commission pursuant to Section 32-9(a), and if the denial is upheld by the planning and zoning commission, further appeal to the city council pursuant to Section 32-9(b). I hope this provides further guidance with regard to the requirements of city ordinance relating to processing an application for removal of a protected tree and the appeal of denial of same.