9/22/1987 - Laserfiche WebLink

Home Browse Search

Commissioner Bird felt that the fact that we are discussing this at a Public Hearing gives this tree a special status and gives notice to the owner that the County will be keeping a -_ special watch on this tree. Director Keating felt the Board could accomplish the same objective by approving the Resolution, but not having it recorded in the public records. Attorney Bogosian was not sure whether a title search would bring up an unrecorded resolution of the Board, and Attorney Vitunac repeated that this is not a limitation on the title -- it would not be found. This is a regulation of property much as any building or zoning regulation. All property is taken subject to property use according to these other regulations. Although it will affect the use of the property, it is not a limitation on the title. Attorney Vitunac pointed out that the other side of the question is what harm would this resolution cause, and Attorney Bogosian felt that during the financing process, someone would ask why the resolution was passed when the Tree Protection Ordinance gave the tree the same protection as the "specimen tree" status. Vice Chairman Bowman felt that this puts the owners or future owners on notice that if they cut that tree down, the public would be at their throats. Attorney Bogosian admitted that his client believes the tree is in an area that will not be affected by the development and that they probably could work around the tree and identify it for the public's benefit. However, they don't want to be tied up initially. Urban Forester William DeBraal felt that this tree should be afforded every protection. He emphasized that this tree is native to Florida, not just the West Indies. Attorney Bogosian recalled that Mr. DeBraal gave him the information that Simpson Stoppers grew as high as 60 feet; 39 SEP 2 2 1987 Book 69 PacE 523