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Item No. 5 (continued) Affidavit of mailing is on file. Mayor Claire declared the public hearing open at 9:44 p.m. Mary Gates, 111 Hilltop Drive, the appellant, referred to her appeal letter of February 18, 1987 and suggested she is being deprived of economic use of her property, since the tree she wishes to remove blocks the driveway so as to prevent use of the garage for her landscape gardening truck and trailer. It was pointed out that the property is zoned for residential use. Susan Swope, 469 Duane, member of the Park and Recreation Commission, referred to the letter of March 9 signed by members of the Commission explaining their denial of the application for tree removal. Jerry Mortenson, 452 Barnegat, member of the Park and Recreation Commission, endorsed the remarks of Ms. Swope and urged that the appeal not be granted. Ms. Gates said that in addition to the tree she wishes to remove, there is a taller eucalyptus tree on the property which would remain. Mayor Claire invited anyone else present who wished to speak to do so. No one wished to speak. M /S: Stangel /Chandler to close the public hearing. Carried unanimously by voice vote and public hearing closed at 10:07 p.m. M /S: LaBerge /Chandler to uphold the decision of the Park and Recreation Commission and deny the subject appeal based on the following findings: a) that the applicant has not met the requirements for justification under Section 35.4 of the Code; b) that the tree is healthy; c) that it does not pose a hazard to adjacent structures; d) that it has been well cared for and, therefore, may be expected to continue to survive; e) that it is prominently visible along Hilltop Drive and is of aesthetic value to the neighborhood; f) f) and that the accommodation of commercial activities in a residential neighborhood is not an appropriate basis for the granting of a tree removal permit. The motion carried unanimously by roll call vote. MINUTE ORDER NO. 87 -56 ORAL COMMUNICATIONS Jack Castle, 827 Mohican, member of the Planning Commission, representing the Chamber of Commerce, commended the Fire Department on the earthquake preparedness videotape program and offered the use of the Chamber publication as a means of bringing news of its availability to the public. Mr. Castle also suggested an article on the tree preservation ordinance might be of interest to the community in a future issue of the publication MEMO 3/17/87 ---------------------------------------------------------------------------- - - - - -- Reg.Mtg. 3/16/87 MINUTE BOOK NO. 47 Page 5 Page No. 75