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Commission allows removal of newly planted Ashbourne tree while city reviews right-of-way planting rules

2256371 · February 10, 2025
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Summary

The commission authorized removal of a newly planted street-adjacent tree at 290 Ashbourne and directed staff to study how city code treats plantings behind sidewalks and between sidewalks and houses.

The Bexley Tree and Public Gardens Commission voted to allow the removal of a recently planted tree at 290 Ashbourne while the city evaluates whether and how to require trees in the narrow space between sidewalks and houses.

Commissioner Jim Wilson moved to authorize removal of the newly planted tree with notice to the property owner; the motion was seconded and carried by voice vote. The action followed resident objections to the tree’s placement and a wider discussion about whether the commission can — or should — compel tree plantings behind sidewalks.

Mayor Kara Kessler and other members said the question touches property rights and inconsistent practice across Bexley. Kessler told commissioners the city council had reviewed the issue and “felt like we should offer it. And if a property owner doesn't want to have a tree in that space, that we shouldn't force it in that space.”

Commission members said the situation exposed ambiguity between the tree-protection provision in the city code (Bexley Code §10/26.16) and the demolition and building permit checklist. Planning staff said the demolition permit packet lacked the tree-ordinance checklist language; staff committed to adding that language to future demolition permits so applicants see tree-protection requirements earlier.

Commissioners asked staff to study the policy and propose clarifications. Commissioner Jim Wilson recommended a process that would notify homeowners before planting and allow owners to bring concerns to the commission; other commissioners suggested criteria (available front-yard square footage, neighborhood canopy coverage, and utility conflicts) to guide decisions.

The commission’s vote permits the immediate request to remove the new planting at 290 Ashbourne while a broader code review proceeds. Staff said they will reach out to the homeowner and determine whether the homeowner requests removal or replanting in another location.