We are the property owners at 1718 Potrero, bordering the project. A protected Oak, tree #1221 in documents, is on the property line, making it co-owned under state law. The project proposes a street and parking spaces within the drip line of the tree. Urban Forestry told us last Fall our written consent is required for any drip line encroachment. In emails, the applicant noted the tree is on the property line and requested our consent. We hired an arborist who made suggestions to lessen encroachment and stated the tree is shared under CA Civil code 834. We asked the applicant to modify the tree encroachment percentage. The applicant has refused and now claims sole ownership of the tree. Planning Department told us the project would not be brought to hearing until tree ownership issues were settled, but only a few weeks later changed course. We ask the Commission to postpone any decision on the project until this legal issue can be properly adjudicated. See attached.
Lutheran Church of the Master continues to support this proposal. It is a pivotal project for our congregation, and we are prayerful for a favorable decision. Thank you. David S. Bailey, Congregation President.
We are the property owners at 1718 Potrero, bordering the project. A protected Oak, tree #1221 in documents, is on the property line, making it co-owned under state law. The project proposes a street and parking spaces within the drip line of the tree. Urban Forestry told us last Fall our written consent is required for any drip line encroachment. In emails, the applicant noted the tree is on the property line and requested our consent. We hired an arborist who made suggestions to lessen encroachment and stated the tree is shared under CA Civil code 834. We asked the applicant to modify the tree encroachment percentage. The applicant has refused and now claims sole ownership of the tree. Planning Department told us the project would not be brought to hearing until tree ownership issues were settled, but only a few weeks later changed course. We ask the Commission to postpone any decision on the project until this legal issue can be properly adjudicated. See attached.
Lutheran Church of the Master continues to support this proposal. It is a pivotal project for our congregation, and we are prayerful for a favorable decision. Thank you. David S. Bailey, Congregation President.