Landowner says ordinance prevents development

Albany is getting ready to deal with its first Measure 37 claim, but it has nothing to do with land use: It's all about a tree.

The claim was filed by Mary Hartley, a broker for RE/MAX 2000, for property she owns at 1240 Geary St. S.E. She contends that she cannot develop her land because city regulations prevent her from cutting down a large Oregon white oak on the site.

Measure 37 gives property owners relief from land-use restrictions that reduce their property values.

Hartley's claim is based on the tree regulations in the municipal code and not the land-use regulations in the development code.

City Attorney Jim Delapoer plans to explain the claims process to the tree commission when it meets at 3:15 p.m. Wednesday in the Calapooia Room at City Hall, 333 Broadalbin St. S.E. The commission cannot take action concerning the claim, which will be handled by the City Council later.

In a letter to the city dated Dec. 1, 2006, Hartley stated the city's tree code restricts what she can do with her property, thereby reducing its value. She is asking for either a waiver to cut down the tree or be reimbursed the $140,000 that she paid for the property plus an additional $100,000 to $200,000.

Hartley wrote that she bought the 0.42 acres in November 1997, and the property was rezoned from residential to commercial in February 2003.

She states the tree has "caused significant damage to the house and its contents this last year due to branches breaking and pulling out the electrical lines and the electrical box on the outside. My insurance company told me that if I were to put in a claim, we could potentially be canceled due to the tree's poor condition."

Lyle J. Feilmeier, a consulting arborist with Collier Arbor Care in Portland, writes in his report to the city that the "white oak would be an excellent candidate for preservation during any construction within the parcel. The oak is generally healthy for its size and location. I found no evidence of decay during the root crown excavation."

Craig Carnagey, the city forester, estimates the tree is 150 years old at a minimum.

The council's hearing on the claim is scheduled for May 9.