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In response to an inquiry by Chairperson Roberts regarding grading, Mr. Taeb confirmed <br />that the grading work was finished. They had winterized that area with soil erosion <br />control measures and suspended work when the rainy season came early. <br />THE PUBLIC HEARING WAS CLOSED. <br />In response to an inquiry by Commissioner Fox, Ms. Kline confirmed that if a heritage <br />tree was 95 percent dead, the applicant would likely be allowed to remove it. She noted <br />that Mr. Fulford had agreed that had he been called to inspect it, he would have <br />concurred. <br />Commissioner Fox believed it was not fair that a resident would be fined $5,000 for <br />removing a heritage tree; yet the City can construct a storm drain under the buffer zone <br />along Martin Avenue and remove trees without any consequence. She would be <br />amenable to waiving the fee for Mr. Kolb. <br />Commissioner Arkin wished to be equitable to the other residents in that regard. <br />In response to an inquiry by Chairperson Roberts regarding the legality of the Tree <br />Preservation Ordinance, Ms. Nerland confirmed that "any person who unlawfully <br />removes or destroys a heritage tree shall pay a civil penalty in the amount of the <br />appraised value of the tree. If there is inadequate plant material to properly appraise the <br />tree, the penalty shall be $5,000." She added that the cost of the replacement plant <br />material may be considered as partial payment of any penalty under this chapter. <br />Chairperson Roberts suggested that the fine be referred to the Heritage Tree Board for a <br />determination on the valuation of the removed cottonwood trees. <br />Commissioner Fox would like to hear Mr. Fulford's opinion of the value of the removed <br />trees. <br />Commissioner Arkin emphasized that any fines should be fair not only to the person <br />involved, but to other citizens as well. <br />Commissioner Roberts moved to make the conditional use permit findings as listed <br />in the staff report and to approve Case PCUP-131, subject to the conditions of <br />approval listed in Exhibit B of the staff report, with the issue to determine a <br />potential 6ne for heritage trees that have been removed from the site be considered <br />by the Planning Commission at a future meeting. <br />Commissioner Blank seconded the motion. <br />PLANNING COMMISSION MINUTES, December 8, 2004 Page 14 of 19 <br />