The City Council denied another attempt at removing a tree in Old Towne – citing, as it has before, public interest in the area’s greenery.
William Warne, owner of the law offices at 400 East Chapman Avenue, was denied his request to remove the Canary Island Pine tree by the Community Services Department in October and appealed to the council.
The Community Services Department considered the tree – fully matured, healthy and firmly rooted – an item of public interest, a report to the City Council said. An initial appeal went to the city manager and was denied in November, at which point Warne appealed again to the City Council. The council denied the appeal 4-1, with Councilman Mike Alvarez voting in Warne’s favor.
With the tree in close proximity to his building, Warne said safety concerns are part of his reason for seeking removal – but he also wanted to spruce up the property after clearing away the 60-plus year old pine. Warne said the rules on tree preservation in the city are overly vague and misinterpreted – and holds that his property doesn’t fall into the categories they protect.
“It’s a situation where there’s a group of people and they may want a particular look – they may want something to remain the way they feel is good, and that can be carried beyond common sense,” Warne said. “Maybe there’s a rock or a weed on your property, and someone’s going to be upset if you remove that rock or weed.”
To create a “win-win” outcome for the city and residents, Warne said he offered two new Canary Island Pines to the city – he proposed to put them in a vacant space at City Hall.
But Mayor Teresa “Tita” Smith, in line with City Attorney Wayne Winthers, said the property does fall under the rules of public interest, and the historic value of the trees should be protected.
“We’re an old town – old buildings, old established families. That’s what begins to define us as a historic community,” Smith said. “I’m very reluctant to begin to allow people to take down those things that make us who we are.”
Warne declined a council offer to delay the denial, which would give him time to get a report from an arborist providing written proof the tree is dangerous to the property – something a majority of the council was interested in seeing.
The denial comes after a very similar case in June, when a request to remove three trees of the same kind in front of Woody’s Diner less than a block away from Warne’s office was denied by the council. In that case, residents rallied to speak out against the trees’ removal.
Warne said it is very likely he will continue to pursue the removal of his tree.