At the March 27 Planning Commission meeting, Chair Ann Sallee said Building Inspector Bobby Ray had responded to an application for a tree cut at 113 Shelton Dr. and reported the 24-in. oak was damaging nearby roofs and in general decline, so he recommended it be removed. However, he denied the tree cut and sent the application to Planning.
Commissioner Tom Buford said he looked at the tree, and it was leafing out and therefore not dead, and could be trimmed back away from the houses. He did not see signs of a declining tree, to which commissioner Woodie Acord responded he has had trees fall in his yard that were leafing out but hollow in the middle, a potential danger.
Commissioner Susan Harman also noted Ray had provided no reason for removing the tree except it was damaging a roof.
New commissioner Abbey Abbey asked why the decision was at their table since the person who had the authority, experience, and technical knowledge about tree cuts had determined the tree should be taken down. Sallee explained Mayor Butch Berry had asked Ray to pass all tree cuts to Planning since a recent tree cut caused quite a stir.
Commissioner Theo Cottingham moved to approve the tree cut request and Acord seconded. Vote on the motion was 3-2, Harman and Buford voting No. Sallee chose not to vote, thus the motion failed. Sallee said the applicant could appeal the decision to city council.
Sallee had put a discussion of tree cut protocol on Planning’s agenda because every meeting lately had started with a tree cut request, and all of them had come with the recommendation from Ray the trees be removed. She added that Planning can vote to allow the Building Official to make the determination for tree cuts up to 10 trees as it states in Code. But Code already spells all this out, and Harman added that nothing written has been provided about a change to Code.
Buford said the Building Inspector has been put in the position of contradicting himself by determining a tree should be cut but denying the application, to which Cottingham agreed Ray is following verbal instructions, but City Code has not changed. He said commissioners should make clear their understanding of what is required by Code. “It is completely unreasonable for every tree to come to us,” he said.
Sallee commented she thought the trees listed in the City Inventory from a few years ago would come before them, not every tree. Harman insisted they have not been given any new tree-cutting Code, so they should follow what they already have or they would be arbitrary and inconsistent.
Acord observed they had already denied a tree cut at that meeting, so some get approved and some do not.
City Economic Development Director Glenna Booth said Ray wants things to be like they once were, and Harman pointed out what is written in Code is how it once was, so there is no need to vote to follow Code.
Abbey said they could simply reaffirm the Building Inspector can continue to operate at his discretion up to 10 trees as it states in Code, and made a motion to that effect. That vote was 3-2, Harman and Buford voting No. This time Sallee voted Yes, so the motion passed.
Sallee then announced she wanted the commission to reconsider the earlier tree-cut vote in which she chose not to vote thereby denying the application. She said she just read from Code that “Once an application has been denied by the Board of Zoning Adjustment, such action cannot be reconsidered for a period of twelve months.” She said it was not her intention for the applicant to wait so long, and Cottingham moved to reconsider the vote, and again the vote was 3-2, Harman and Buford voting No, but Sallee voted Yes, so the tree cut permit was approved.
Other items
- Karen Gros represented her application for a Conditional Use Permit for one unit of tourist lodging at 10 Woolridge. Booth pointed out the address is in the R-2 zone at the edge of the city limits. Vote to approve was unanimous.
- Also approved was the application for construction of a fully-automated, commercial hoop greenhouse at the Community Center.
- Acord handed out copies of the marketing profile put together by Sandy Martin for the Mayor’s Task Force on Economic Development. Cottingham observed the document brings together a lot of data in a positive way though sources are not mentioned for some of the surveys and statistics.
- Sallee said she asked for clarification about a section in Code that seems to indicate all changes to Code require a public hearing. She said she was not comfortable pursuing any further changes until the point is settled. Cottingham had opined the statement referred only to very specific changes.
- Commissioners elected Buford to be Vice-chair.
Next meeting will be Tuesday, April 10, at 6 p.m.