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Minutes <br />Planning Commissior, <br />January 22, 1986 <br />will be a detriment to the tree instead of an asset because of <br />the pollution. He felt the tree should be irrigated. <br />Bob Connolly, stated Lot 9 will be very expensive and the only <br />reason anyone would buy it would be for the oak tree. He would <br />prefer to see the oak tree maintained by the lot owner. He would <br />be willing to have a sprinkler system installed, take care of <br />the tree initially and would expect whoever buys the lot to take <br />care of the tree. More than likely the property owner would <br />resent someone else telling him how to take care of his tree. <br />Mr. Connolly also indicated that he held a meeting of the <br />surrounding homeowners on Thursday night, four out of 12 showed <br />up, went over the plans and no one objected to them. <br />Mary McLaughlin, niece of Dr. Connolly,spoke in supported of his <br />application. <br />The public hearing was closed. <br />Commissioner Innes stated that after the walking the site, he was <br />against having Lot 9 as a developable lot. However, after <br />carefully reviewing the situation he feels the oak tree would be <br />better maintained by the developer of the developed lot. He <br />prefers that the owner of Lot 9 be responsible for the oak tree. <br />He did state, however, that oak trees are expensive to maintain <br />and buyer should be made aware of the cost. <br />Commissioner Wellman asked Commissioner Innes if he felt <br />Condition No. 20 should be eliminated. Commissioner Innes, <br />responded he did not feel the condition should be eliminated but <br />it should be changed to show "owner of Parcel No. 9. <br />Commissioner Wellman asked staff about the Heritage Tree <br />ordinance. Mr. Swift explained there is a bond requirement which <br />states the tree shall be alive in one year. <br />Commissioner Lindsey expressed concern with subsequent ownership <br />of the property and future maintenance of the tree. He felt <br />Condition No. 21 was a good one but didn't see how it could be <br />enforced. Commissioner Innes indicated that if the condition is <br />imposed through deed restriction, the title search should point <br />it out clearly. <br />Commissioner Michelotti felt the tree is beautiful and that a <br />house can be built on site No. 9. She agrees with Commissioner <br />Innes' comments but feels some kind of disclosure should be made <br />at the time of the sale of the lot regarding the maintenance and <br />cost of maintenance of the oak tree. <br />A motion was made by Commissioner Wellman, seconded by <br />Commissioner Lindsey that the Negative Declaration prepared for <br />Case PUD-85-21 be recommended for approval inasmuch as approval <br />of Case PUD-85-21 would have an insignificant effect on the <br />environment. <br />ROLL CALL VOTE <br />- 6 - <br />