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<br />Mr. Haws wondered how the exceptions work and who would determine <br />whether or not they were applicable. Mr. Long said an individual <br />would cut a tree at his own risk, and if he were to make an error <br />in judgment he would do so at his own peril. Mr. Long said the <br />Parks Department and the Building Department probably would be <br />receiving many requests asking for advice before trees were removed. <br />He also noted private citizens usually do not cut on rights-of-way, <br />but the City and EWEB would be responsible for clearing trees in <br />those areas. <br /> <br />- <br /> <br />Mr. Bradley wondered if there were anything in the Code to prevent the <br />following situations: a developer who owned 50 acres and subdivided <br />it into 100 parcels with 20,000 square feet or less from applying for <br />building permits and clear cutting the area. Mr. Long said there was <br />nothing to prevent such a situation, but the practical economic <br />constraints of a person obtaining that many permits and the fact <br />that the lots would be worth less with no trees would probably curtail <br />such activity. <br /> <br />Public hearing was opened. <br /> <br />Those speaking in favor of the tree cutting amendment were as follows: <br /> <br />. Jerry Jaqua, 2490 West 21st Avenue, Hawkins Highlands Neighborhood <br />Organization, referred to the Zellner tree cutting in the South Hills. <br />He felt the proposed tree ordinance would tighten the restriction and <br />will eliminate further wholesale cutting. <br /> <br />Jim Johnston, 179 West 37th, Crest Drive Neighborhood Association, 4IIt <br />expressed that Association's concern about the saving of trees <br />especially in the South Hills area. He referred to the Zellner <br />cutting of trees in that area and said it was his understanding <br />that Mr. Zellner was going to cut 60 more trees recently. Additional <br />cutting of trees is contrary to the Cityls planning and at odds with <br />the proposed ordinance. He urged Council to adopt the proposed <br />ordinance to prevent further deterioration of the valuable resource in <br />the City. <br /> <br />Those speaking against the tree cutting ordinance were as follows: <br /> <br />Robert Horne, 2333 West 29th, who cited the recent ice storms and <br />the danger of trees falling on his house. He questioned who would <br />be liable if in a strong wind storm or a subsequent ice storm a <br />tree were to fall across his house. He was also concerned about the <br />safety regarding cutting of dangerous trees. He noted he was a <br />member of the Lane County Safety Commission and asked, again, who <br />would be liable for the trees falling on other people's property. <br /> <br />George Zellner, 92456 Coburg Road, addressed the question of dangerous <br />trees. He noted if houses were built under or next to large trees <br />and strong winds were to occur, there could be a danger involved to <br />the houses located in such an area. He refuted the statements that he <br />had clear cut in the Panorama Subdivision area. He said all small <br /> <br />- <br /> <br />3/13/78--2 <br /> <br />'5~ <br /> <br />Ii <br />