AgdaPkt 2010-11-22 clsd and regular

Browse Search

8.A Page 5 Basis for Appeal The appellants' basis for appeal alleged in their Supplemental Submission: Statement of Reasons or Grounds for the Appeal (Attachment 6) can be summarized into the following categories: 1. Removal of the Italian Stone Pine 2. Roof Form and Material 3. Rear Deck Size and Orientation The specific grounds for each category of appeal are set forth and responded to below. In addition to the three substantive items referenced above, the appellants also call into question multiple City policies and practices related to the issuance of Architectural Permits, as well as the method for establishing a public hearing date (Attachment 6). City staff's responses to these additional assertions have been provided in Attachment 7 because they do not relate to the substantive analysis mandated by the Redwood City Zoning �rdinance for the issuance of the Architectural Permit. AppealResponses '� 1. Removal of the Italian Stone Pine. The appellants contest removal of the Italian Stone Pine on two grounds. Appeal Ground 1(a): Permission granted to destroy the Italian Stone Pine located at the northeast front comer of the Applicants' property, proximate to fhe common properfy ' line between Applicants and Appellants (the "Pine') — when reasonable means are readily and practically availab/e to preserve the Pine. As a preliminary matter, the Zoning Administrator did not grant permission to destroy the Italian Stone Pine. Mere approval of an Architectural Permit does not afford the applicant the right to remove the Italian Stone Pine. In fact, Condition of Approval No. 7 to AP2010-09 makes it clear that the applicant must obtain a tree removal permit in order to remove the Italian Stone Pine. Rather, issuance of an Architectural Permit is an approval of the proposed project, which design includes removal of the Italian Stone Pine. In accordance with Architectural Standard E of Section 45.8, the Zoning Administrator, in determining whether to approve, conditionally approve, or deny an application, must consider the extent to which natural features, including trees, are to be retained. In approving the project that included removal of the Italian Stone Pine, the Zoning Administrator did consider whether and to what extent the Italian Stone Pine should be retained. The Zoning Administrator was informed by a Certified Arborist and the City's Urban Forestry Specialist that the Italian Stone Pine was structurally instable and in poor health. Upon the professional recommendations of the Certified Arborist and the City's Urban Forestry Specialist, the Zoning Administrator determined that retention of the Italian Stone Pine was not required. Because of the poor health rating and the tree's instability, the Zoning Administrator determined that replacement of the tree would sufficiently meet the City's goal of protecting and enhancing the natural beauty of the environment. Please refer to the Notice of Official Action (Attachment 3) or the Arborist Report (Attachment 13) for further detail and analysis. Further discussion on this issue can also be referenced in the Staff Responses to the Offer of Proof (Attachment 11).