Posted by atalbert Oct 05th 10:32 PM
(A) The city arborist may request that a city department administratively modify a policy, rule, or design standard to the extent necessary to preserve a regulated tree if enforcement will otherwise result in removal or removal by impact. (B) At the city arborist’s request, a responsible director may administratively modify the applicable policy, rule, or design standard if the director determines that a waiver or modification will not pose a threat to public safety.
The applicant/owner can’t request a modification to preserve a tree? What would be an example of allowing a modification that would be a threat to public safety? Would allowing a building to start before the front setback line, or extend into a side street setback (for example) to fit in the units and save a tree/trees be something that was considered safe enough to be allowed. Would there be criteria/standard modification options to attempt to save trees (ie, additional height, FAR, encroaching into setbacks, waiving of compatibility) that could make the process far less opaque and give property owners visibility and flexibility of knowing what options might ever be allowed, and what wouldn’t.