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Court ruling and recent ordinance change reshape how Brookhaven will handle tree-variance requests
Summary
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.
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.
The development was raised by a staff member (Speaker 2), who also told the board that the city council on the prior evening approved a text amendment to the tree ordinance. "We did revise the criteria to make it more… streamline in a way where it kinda aligns with what your…
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