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<br />-- <br /> <br />trees 12 inches and under are still standing and he has never had the <br />intention of cutting smaller trees. He also said if a person were <br />to look at the Third Addition of Panorama, it. would be very difficult <br />to see where the trees had been cut. Regarding the statement he was <br />going to cut 60 trees, he said he had plans to cut only 21 trees which <br />was what the law permitted. He had also notified all involved of his <br />plans to cut those trees and had complied legally. Regarding fir <br />trees, he noted it was impossible to top them as sucker limbs would <br />grow and create a danger in that strong winds would possibly cause <br />them to fall through roofs of houses. He noted in December 1977 <br />during the heavy winds and ice, there were many instances, not only in <br />Eugene but in the Beaverton area, where trees fell through houses. He <br />cited a feeling of responsibility to those persons who live in the <br />Panorama area to protect them from trees falling on their houses. He <br />said he would demand the City pay a bill if he were to be sued because <br />of trees falling if he were not allowed to remove the ones he considered <br />to be dangerous. Also, he noted that some people buy a lot from him <br />but do not build for several years. He questioned what will happen to <br />those dangerous trees on that lot that might endanger the houses in <br />the adjoining lots before a building permit is obtained so that trees <br />could be cut. He felt his subdivision in the Panorama area was one in <br />which plans were made ahead to clear out the dangerous trees and to <br />save the hardwood trees. He felt he had done a very good job in <br />clearing the trees without leaving scars and had been very careful to <br />locate the roads parallel to the hills so that there would be no <br />erosion. He noted this most recent instance of cutting 21 trees would <br />be more costly to him than any profit he might accrue. <br /> <br />e <br /> <br />Public hearing was closed, there being no further testimony <br />presented. <br /> <br />In response to the question of liability, manager said it was his <br />assumption that the liability would be that of the property owner <br />where.the tree is located. In the instance of dangerous trees in <br />the streets, that would be the City's liability. Regarding dangerous <br />trees, there was a provision in the ordinance for removing same <br />if there is an appeal made to the Tree Appeal Board. Thus, it would <br />be possible to take care of dangerous tree situations. <br /> <br />, <br />Torn Slocum, 2125 Fairmount Boulevard, member of the Tree Preservation <br />Committee, questioned what would happen if a permit was requested, <br />denied, and the person went ahead and cut the trees. <br /> <br />City Attorney replied he could not see a case where a permit would be <br />denied if a dangerous tree were involved. He said it is a discre- <br />tionary decision to be made by the City, and the City would not be <br />liable; however, he doubted such a situation would occur. <br /> <br />- <br /> <br />3/13/78--3 <br /> <br />\51 <br />