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The Sunnyvale Sun

0701 | Wednesday, January 3, 2007

Letters & Opinions

Speak Out

Cypress tree must go but the city says no

We recently applied for a tree removal permit to remove a gigantic Italian cypress tree in our backyard. According to several tree service professionals, the tree has little trimming potential. Located just a few feet from our house, it has raised both ground and brick sidewalk. Aside from problems and potential threats at ground level, its foliage has grown over the roofing, clogged the gutter and overshadowed another tree. It obstructs our dining room view into the backyard, and poses a security concern. Its approximate height of 60 feet is also raising concern from our neighbors.

We--and our affected neighbors--believe the tree meets more than one of the required criteria for obtaining a permit (Municipal Code, Section 19.94.060). We feel the tree is a threat to our families and our properties. We also believe the tree has outgrown its landscape value. In fact, its size and location devalues and prohibits our enjoyment of our property. We submitted the written opinion of a certified consulting arborist, and obtained supporting comments and signatures from every household surrounding our property that may have direct interest and may possibly be impacted by the presence of the tree.

Despite the evidence and clear concern of neighbors, the city arborist does not agree. In his opinion this tree does not meet any of the standards and criteria set forth in the Municipal Code for granting a removal permit. And a denial to our permit request was issued two days before Christmas. Adding insult to injury, the city gave us only 15 calendar days to appeal, which threw one of us into depression during the holidays.

Furthermore, we have been told that regardless of the fact that the city denies the tree removal permit request, the responsibility of the tree remains the homeowner's. Even if later the decision of the city arborist is proven wrong, both he and the city are immune to any liability.

We do not think this is right. We are soliciting advice and help in preparation for an appeal. Due to the urgency, please email your comments and suggestions to treeremovepermit@aol.com. Thank you.

Chiu Chang and C.S. Pang

Fuchsia Drive




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