Court ruling and recent ordinance change reshape how Brookhaven will handle tree-variance requests

At a Brookhaven planning work session, staff reported a superior court decision allowing a developer to remove a tree the board previously denied and described a city-council-approved text amendment to the tree ordinance that removes an economic-value test and adds an administrative variance for site constraints.

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Staff at a Brookhaven planning work session told board members that a developer who lost a tree-variance request at East Club Drive appealed to Cap County Superior Court and was told the court would allow the applicant to remove the tree; staff said it had not yet received the court’s written findings.

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