So the tree was saved in San Anselmo. For now. Read it all here:
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Linda Jensen stands on her front porch on Wednesday, Sept. 25, 2013
A group of San Anselmo residents succeeded Tuesday night in its bid to save a heritage, white valley oak tree from being felled.
"Truly, it is a miracle," said Linda Jensen, who led the fight to save the tree.
Due
to the labyrinthine process by which the matter was handled, the tree
was saved by just two votes of the Town Council, and despite the fact
the town could face a lawsuit as a result of the decision.
"The
whole thing was a little unclear to me; it was very complicated," said
Michiko Conklin, owner of the property where the oak is located at 134
Madrone Ave.
Public Works Director Sean Condry initially granted
Conklin permission to remove the tree. Conklin says she must cut down
the oak because its roots are damaging the foundation of her house. But
Jensen, who fears the removal of Conklin's tree could lead to the death
of several white oaks on her adjacent property, paid $500 to appeal the
decision to the Town Council.
On Sept. 24, the council voted 3-1
to grant Jensen's appeal without prejudice, which meant that Conklin
would be granted a second opportunity to change the council's mind.
Councilman Jeff Kroot, who is an architect, recused himself from that
vote because he has been hired by Conklin to add a bedroom to the house.
On Tuesday night, the council deadlocked 2-2, with Kroot once
again recusing himself, over whether to reverse its decision on the
appeal. Councilmen Tom McInerney and Ford Greene voted to uphold the
appeal while Councilwomen Liz Dahlgren and Kay Coleman voted to reverse
the appeal. Since a majority vote is required to reverse a council
decision, the appeal was upheld.
McInerney and Greene stood their
ground despite that Conklin's lawyer, Neil Sorensen, made veiled threats
that Conklin might sue the town over the matter.
In a letter
Sorensen sent to the council prior to Tuesday's meeting, he wrote,
"Since the tree is clearly causing damage to Ms. Conklin's house, the
town may be subject to significant liability if it declines the tree
removal permit."
Sorensen made similar comments during Tuesday night's meeting.
"His
comments were, in my view, counterproductive," McInerney said
Wednesday. "I felt that the homeowner had not met her burden of proof to
justify cutting down the tree, at least consistent with our ordinance."
Under
San Anselmo's town code, which provides special protection for
"heritage" trees, Conklin had to demonstrate that cutting down the tree
would be a necessity for the economic enjoyment of her home.
"I
just wasn't convinced this work was necessary," McInerney said. He added
that the town's attorney advised that the council had sufficient
grounds to make that ruling.
At Tuesday's meeting, Conklin
provided new reports from an arborist, Ed Gurka, and an engineer, Peter
Nissen, who stated that the tree's roots are undermining her house's
foundation. The arborist and engineer were recommended to Conklin by
town staff and reaffirmed similar evaluations provided by an arborist
and engineer that Conklin had previously hired.
Public Works
Director Condry told the council Tuesday that the foundation of
Conklin's house can be designed to bridge the roots at an estimated cost
of $10,000 to $25,000; it is estimated it will cost $11,000 to remove
the tree. Experts differ over how fast the tree's roots will grow and
how long that solution would last.
Jensen said people who want to
save the tree have offered to work with Conklin in an attempt to reduce
the cost of the work. Conklin's plans to add a bedroom to the house
could be jeopardized by the tree's preservation, since she would need
space for additional parking for approval of the addition. But Conklin
says that has nothing to do with her bid to remove the oak.
She said Wednesday, "I do not know what we're going to do at this point."
