The Innis Arden Club is likely rejoicing that a $16,500 city-imposed fine for cutting down 12 trees in Innis Arden reserves was recently rescinded — especially since money doesn’t grow on trees.
But club members say round two may be forthcoming, as additional complaints have been filed, alleging more trees were illegally removed.
City planning director Tim Stewart said the decision to revoke the fine was based upon documentation the club’s attorney, Peter J. Eglick, provided July 28. This included an affidavit from the club’s arborist, certifying that the 12 trees included in the notice and order were indeed hazardous.
“They have satisfied the request to document the hazardous nature of the trees and the case has been closed,” Stewart said.
The notice and order, with a $16,500 fine, was issued to the club May 4, after the city received complaints from Innis Arden residents who opposed the tree cutting, saying trees that were cut down were not hazardous. The club did not respond to initial complaints, compelling city staff to send out an inspection team, which determined there was probable cause that 12 trees were lot legally removed, Stewart previously stated.
The club’s attorney responded to the notice and order June 3, with an 11 page letter and 33 pages of arborist reports, photographs and narrative statements.
Mike Jacobs, Innis Arden Club President, said after the club filed an appeal June 18 on the fine, the case went to the pre-hearing conference with the Hearing Examiner. Deadlines for briefs were filed and a hearing was scheduled to begin Sept. 13. Stewart, however, decided to revoke the fine before the trial date.
“The bottom line is the city got ahead of itself when they filed the notice and order,” Jacobs said. “They have acknowledged what we did was appropriate with respect to those trees.”
Jacobs added that this could likely have been resolved without a notice and order being filed, and the club spent almost $30,000 in attorney fees.
Jacobs said the majority of the Innis Arden community is satisfied that the tree-cutting was appropriate, even though several residents filed the initial complaints to the city.
“Their recision of the notice and order vindicates the club,” Jacobs said. “From that perspective, I am very pleased that the city saw what we had done was appropriate.”
Established in the 1950s, the Innis Arden neighborhood has a view covenant that restricts vegetation height. Over the past 50 years, trees have grown both on private property and in the 52 acres of common areas, known as reserves.
The club used a hazardous-tree provision in the Shoreline code to remove nearly 100 trees in the Blue Heron, Eagle and Running Water reserves. After the tree cutting ended, a group of residents who thought board members were creating views by cutting down trees in the reserves alerted city staff by filing a complaint, indicating that 19 trees were illegally removed.
Board members asserted that the trees were cut to clean up the reserves and make them more user-friendly, saying they had been mismanaged and in a state of disrepair for 15 years.
Additional complaints were recently filed July 21, Jacobs said, regarding different trees in the same reserves.
Stewart confirmed that several tree-related cases are still pending, which are not related to the notice and order that has been rescinded. He declined to comment on the cases, since they are still being investigated.
Jacobs said he hopes to resolve these complaints before a similar situation ensues.
“Round one is over;” Jacobs said. “Here we go in round two.”
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