Board allows removal of one street tree on Clay Street with $11,200 mitigation and protections for remaining tree

The Board of Appeals on Jan. 4 voted 5-0 to grant an appeal permitting the removal of one street tree at 3312 Clay Street for a foundation replacement and new garage, subject to conditions intended to protect the city's urban canopy.

Jonas Pilkauskas, the property owner, testified that the house — built around 1910 — requires full foundation excavation and that access for excavation and the proposed garage requires removing the western street tree. "We absolutely want a tree to remain in front of our house and we'll follow every recommendation laid out in the tree protection plan," Pilkauskas said.

Appellant counsel Justin Zucker argued the application complied with the urban forestry ordinance, including Section 806(d) for new curb cuts and garages, and offered mitigation including relocating the eastern tree well and replanting two new street trees nearby or paying an appraised fee. An arborist retained by the applicant, Tony Wolcott, produced a lower appraisal value for the tree based on condition and site limitations.

Bureau of Urban Forestry Urban Forester Chris Buck testified the subject trees are generally in good condition and cautioned that the species (pittosporum) is showing a citywide decline in some areas. Buck explained that replacing a mature 15-inch-diameter street tree in-place is typically infeasible and that appraisal funds feed the Adopt-a-Tree program to plant trees in high-need neighborhoods. "We are trying to protect the urban forest and be reasonable," Buck said, noting the bureau’s appraised value and suggested mitigation.

Commissioners discussed competing public interests — preserving mature canopy versus property access and public safety benefits of off-street parking — and reviewed the conflicting appraisals. The board’s motion granted the removal conditioned on (1) payment of the Bureau of Urban Forestry appraised value ($11,200) to the city's Adopt-a-Tree fund, (2) a relocation/planting plan for the remaining east tree (as shown in the applicant’s exhibit), and (3) a requirement that if the remaining east tree must be removed within five years of the project's certificate of final completion the permit holder must replace it.

Urban Forestry noted its in-lieu baseline fee is $2,302 but the bureau's full appraisal reflected higher replacement-equivalency value; commissioners accepted the higher appraised figure to fund multiple replacements elsewhere. The board instructed staff to include the conditions in the order and to track the five-year look-back requirement.