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Board upholds Public Works order allowing Saint Francis Homes Association removals; appellant sought fee correction
Summary
The Board of Appeals denied an appeal challenging Public Works' aggregated tree‑removal application and fees for Saint Francis Homes Association. Appellant Lance Carnes argued the bureau aggregated multiple addresses and undercharged fees; Public Works and the HOA said a single HOA application is standard and fees reflect cost recovery.
The Board of Appeals on May 27 denied an appeal by Lance Carnes that asked Public Works to reclassify and re‑fee an application by the Saint Francis Homes Association to remove nine significant eucalyptus trees.
Carnes told the board that the removal application incorrectly listed nine trees at a single address and that the bureau misapplied its fee schedule, creating a $2,128 shortfall that he said would otherwise fund new plantings. He said public‑works code requires separate removal postings per abutting property and argued the association’s single‑application approach was improper.
Michael Fox, a Saint Francis Homes Association board member, and Public Works Urban Forester Chris Buck told the board that HOA parkways are a single, continuous parcel under association management and that Public Works routinely accepts an association application that acts on behalf of multiple owners. Buck said the controller’s office requires departmental cost recovery and that the department’s fee assessment in this instance was appropriate.
Commissioners questioned prior enforcement history and whether homeowners who objected were disadvantaged by the single application. After hearing testimony from the HOA, Public Works and appellants, the Board voted to deny the appeal and uphold the Public Works order (vote 5–0).
Next steps: The order stays in effect; Public Works will proceed with removal and replacement under the terms of its permit process and the association’s reforestation commitments.
