Board of Adjustment upholds denial of 30‑inch live oak removal at Glen Oaks Manor

The Board of Adjustment on Sept. 30, 2026 voted 3–2 to deny an appeal seeking a permit to remove a 30‑inch Southern live oak at Lot 19 in Glen Oaks Manor.

Staff read the original denial into the record, saying the city’s Level‑1 arborist evaluated the tree on 06/06/2026 and "determined that the tree does not meet the criteria for removal under section 7 3 10." Appellant Marcia Wood told the board the tree has damaged underground pipes, forced rerouting of water lines and left a lopsided canopy that she says is a safety risk and a recurring expense. "I do have some rights," Wood said during rebuttal, pressing the board for a one‑time, non‑precedent exemption.

Board discussion focused on two legal pathways: whether state law (Florida Statute 163.045) exempts certain residential, single‑family detached properties from local tree rules, and whether the city’s code (§7‑3‑10) independently allows removal when specific criteria—such as an imminent safety hazard or infrastructure conflict—are met. City staff advised the board the written arborist report did not apply the state statute and that, under city code, the board could still grant an exception only if one of the subsection (c) criteria was satisfied.

After deliberation, a motion to grant the appeal failed by a 3–2 vote. A follow‑up motion to deny the appeal passed 3–2, recorded by the clerk as: Salem — yes; Hanlon — no; Bluemetti — no; Dennis — yes; Cherry — no. The board asked staff to consult the city attorney’s office about the attached/detached ambiguity and to note that any state‑statute claim would require a separately prepared arborist report tailored to F.S. 163.045.

The appellant accepted the decision and the board moved on to other agenda items. The hearing record includes the petitioner’s arborist report and photographic evidence submitted at the meeting; staff said the city arborist will remain available to answer follow‑up technical questions.