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Clearwater board grants homeowner'appeal to move or replace live oak at Marlington Way, 5-2
Summary
The Clearwater Community Development Board on Jan. 20 voted 5-2 to grant an appeal by a Marlington Way homeowner seeking to modify a denial of a tree-removal permit, directing staff to return conditions that would allow relocation of the live oak or replacement with a comparable shade tree.
The Clearwater Community Development Board voted 5-2 on Jan. 20 to grant an appeal filed by homeowner James Brzicki to modify the city'issued denial of a tree-removal permit for a live oak at 1934 Marlington Way. The board instructed staff to draft conditions for final approval that would allow the tree to be relocated on the property or, if not relocated, replaced with an equivalent shade tree.
The appeal challenged a denial that had been issued under the city's land-development code. Planning staff argued the tree was healthy, planted in accordance with approved landscape and site plans, and that removal would not meet the three findings required under CDC section 4-504(b) to overturn a denial. Staff cited ISA (International Society of Arboriculture) assessment standards and recommended mitigation alternatives including root barriers, root pruning, or, as a last resort, replacement with a shade tree.
The…
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