The Willow Glen Resident Photograph by Skye Dunlap Shrubbing the Law: Tree-lover Gene Medinnus saved the tree he planted 35 years ago with some creative trim-work, following a complaint that the tree caused a sight obstruction. Cypress is spared the ax after brush with the law Officials decide to let tree stand after safety issue is resolved By Michelle Ku After surviving 35 years of changing seasons, storms, earthquakes and droughts, Gene Medinnus' Italian cypress tree has just been spared the ax. Due to a complaint filed with the San Jose office of Code Enforcement during the summer, Medinnus, a Willow Glen resident of nearly 40 years, feared he would have to remove the tree. But last week, Code Enforcement closed the books on the compliance order filed against Medinnus for a sight obstruction caused by the tree, which stands in a parking strip along Newport Avenue. Following the complaint, Medinnus received a compliance order telling him to trim the tree to no more than 30 inches in height. The tree is 60 feet tall. "I'm willing to comply in every sense of the word, but I don't want to cut down my [tree]," Medinnus said. "Cutting it down to 30 inches would kill it and I can't plant anything else there because after 35 years, the roots are too deep." Instead of cutting or removing the tree, Medinnus trimmed its branches. "I think I have corrected whatever I need to correct," he said last Tuesday. Two days later, Code Enforcement informed him that his corrective measures were enough. "[Medinnus] has already taken care of the issue," said Jamie Matthews, code enforcement supervisor. "The difference between an Italian cypress and a regular tree in the parking strip is that the foliage went down to the base to create a sight obstruction," he said. The foliage at the base of the tree was obstructing the view of cars coming around the corner. "Our concern was someone coming around the corner or on the sidewalk wouldn't be seen by a person coming out of the driveway or the corner," Matthews said. "He went out there and reduced the bush so there was visibility." Medinnus, who has several other Italian cypresses in his front and back yards, says he will keep the one in his parking strip trimmed. "I love Italian cypresses," he said. "They're so stately and elegant. It's almost as though they're reaching for heaven." [ Back to Contents Page | Willow Glen Resident Home Page | Archives ] This article appeared in the Willow Glen Resident, December 2, 1998. ©1998 Metro Publishing, Inc. All rights reserved.