20201120-003c: Appeal request from Patrick Fulker at 13213 Villa Park Drive Recommendation — original pdf

Recommendation

1 ENVIRONMENTAL COMMISSION MOTION 20201120 003c Subject: Appeal request from Patrick Fulker at 13213 Villa Park Drive Motion by: Kevin Ramberg Seconded by: Linda Guerrero Date: November 20, 2020 RATIONALE: WHEREAS, the Environmental Commission recognizes the applicant’s request for the Commission to consider a request from a private property owner, Patrick Fulker to appeal the Public Works Urban Forester’s denial of application for an administrative approval, as provided in City Code Section 6-3-91, to remove a 20-inch public tree located at 13213 Villa Park Drive, Austin, Texas 78729. WHEREAS, the Environmental Commission recognizes that City of Austin Urban Forester staff have denied the request to remove the 20-inch cottonwood tree in public ROW at the above-noted address; and WHEREAS, the Environmental Commission may overrule, sustain or modify the determination per City Code Section 6-3-93. THEREFORE, the Environmental Commission recommends sustaining the denial of the request to remove the public tree based on the following justification; 1) 2) Per City staff, the 20-inch cottonwood is in good health and within public right of way; and with the following understanding that it is not the Environmental Commission’s wishes to disallow the property owner from the same right to appeal of this decision in the future if more conclusive evidence of conflicts from the 20-inch cottonwood and Mr. Fulker’s waterline can be presented. VOTE 9-0 For: Gordon, Nill, Bedford, Thompson, Smith, Guerrero, Coyne, Maceo, Ramberg Against: None Abstain: None Recuse: None Absent: Creel, Neely  Approved By: Linda Guerrero, Environmental Commission Chair 2