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Tree Removal Permit - 2000.0¥' c4at~ CITY OF CAMPBELL Community Development Department · Current Planning November 6, 2000 Joe and Carolyn Scaglione 200 S. Midway Street Campbell, CA 95008 Subject: Application for Tree Removal Permit to Remove One Cedar Tree at 200 S. Midway Street Dear Mr. And Mrs. Scaglione: The Campbell Planning Division has reviewed your application for a permit to remove one cedar tree at 200 S. Midway Street in a R-1 (Single-family Residential) Zoning District. After meeting with you the past week, I understand your desire to landscape the portion of your front yard where the tree is located; however, the Community Development Director has determined that retention of the tree does not restrict the economic enjoyment of your property or create an unusual hardship for you by severely limiting the use of the property in a manner not typically experienced by owners of similarly zoned and situated properties. There are also reasonable alternatives to preserve the tree. Therefore, the Tree Removal Permit for the cedar tree on your property cannot be approved since this case does not meet the criteria required for approval under the Tree Protection Ordinance. Should you desire to appeal this decision to the Planning Commission, you should write an appeal letter to the Commission. This letter should contain the bases upon which the Commission could make the findings consistent with the Tree Protection Ordinance. If you have any questions on the above, please give me a call at (408) 866-2193. Sincerely, Darcy Smith Planner I 70 North First Street - Campbell, California 95008.1423 . TEL 408.866.2140 · F^X 408.866.8381 · TDD 408.866.2790 October 04, 2000 Darcy Smith City of Campbell Community Development Dept. 70 N. First Street Campbell, CA 95008-1423 Dear Ms. Smith, This is in response to your letter dated 09/20/00, regarding our reques, ,o remove our cedar ,rea. We unders,ond ,hat our reques, has been denied, but we would like you to reconsider our request. We feel that the following issues will provide you with more information to better understand our appeal. We are in the process of having a new pool installed. The cedar tree currently has very long branches as well as a huge root system that will greatly affect the project. The tree will need substantial trimming, approximately 70%, if it is not able to be removed. This may actually cause more damage to the tree or even kill it. The pool contractor has stated that the needles and sap that this tree sheds, could potentially harm our pool equipment and lessen the life of our very expensive electrical equipment. If the tree has to be trimmed versus removed, it will not be very attractive to look at. This will create problems for us as well as our neighbors. Thank you very much for your reconsideration in this matter. Please let us know os soon as you have made your decision. We would like to proceed with our plans os soon as possible. Sincerely, ,Toe and Carolyn Scaglione 200 S. Midway Street Campbell, CA 95008 3 CITY OF CAMPBELL Community Development Department - Current Planning September 20, 2000 Joe and Carolyn Scaglione 200 S. Midway Street Campbell, CA 95008 Subject: Application for Tree Removal Permit to Remove One Ceder Tree at 200 S. Midway Street Dear Mr. And Mrs. Scaglione: The Campbell Planning Division has reviewed your application for a permit to remove one cedar tree at 200 S. Midway Street in a R-1 (Single-family Residential) Zoning District. Under the Tree Protection Ordinance, the Community Development Director can only approve a tree removal permit if any of the following general criteria are met: ao Diseased or Danger of Falling. The tree or trees are irreparably diseased or presents a danger of falling that cannot be controlled or remedied through reasonable preservation and/or preventative procedures and practices such that the public health or safety requires its removal. Potential Damage. The tree or trees can potentially cause substantial damage to existing or proposed main buildings (e.g., dwellings or other main buildings) or interfere with utility services and cannot be controlled or remedied through reasonable relocation or modification of the structure or utility services. Co Economic Enjoyment and Hardship. The retention of the tree restricts the economic enjoyment of the property or creates an unusual hardship for the property owner by severely limiting the use of the property in a manner not typically experienced by owners of similarly zoned and situated properties, and the applicant has demonstrated to the satisfaction of the approval authority that there are no reasonable alternatives to preserve the tree. A minor reduction of the potential number of residential units or building size due to the tree location does not represent a severe limit of the economic enjoyment of the property. Althouo~h you state in the application that the root system is a concern and the branches, needles and sap may pose problems with the new swimming pool and planned addition, the situation does not meet any of the criteria listed above. It is recommended that you trim the tree's branches to reduce interference with the swimming pool and the addition. If you can provide an arborist's report that states that the tree meeting criteria (a) listed above, the permit 70 North First Street . Campbell, California 95008.1423 . TEL 408.866.2140 - F^x 408.866.8381 · mn 408.866.2790 "T .... '""~'~ 'T~ .... 'T ~ ' could be approved. However, it does not appear from the photographs and your description that the tree is diseased. Should you have any questions on the above, please give me a call at (408) 866-2193. Sincerely, Darcy Smith Planner I