My “findings of fact” in the Fidalgo Avenue Garry oak:

The tree is older than the city of Oak Harbor.

The tree came before the current owners and developer.

An ordinance was adopted to protect Garry oak trees.

A variance was then adopted to circumvent this and all other critical area ordinances.

City staff wrote the developer’s variance argument under the guise of “staff report.”

33 written comments were filed at the city.

31 of those sought the tree’s protection.

The design never included the tree (look closely; there is an exterior stair precisely where the tree resides).

The architect of record indicated the developer told him the tree was not to be a design consideration.

Trunks are not stems.

Massive cutting is not pruning.

The arborist described the tree as having “lopsided irregular, unbalanced and strange growth – with some stems presenting a public hazard not worthy of the additional effort of preservation.” He recommends leaving “stem F” only and pruning it to an established upright vase shape.”

The arborist refused to comment.

The city requires the developer to plant 10 Garry oaks, somewhere? Four of these trees must survive for five years and grow to a height of at least eight feet. After five years the city will be responsible for maintaining the trees.

According to RCW 36.70C.040 Commencement of review — Land use petition — Procedure, time allowed for public response is 21 days, not 10 as the city continues to state.

Conclusion and recommendation:

The Growth Management Act and our city’s Comprehensive Plan requires not only city infill but the protection of critical areas, open space, forest protection etc. Compliance with these guidelines is in the public’s interest for our quality of life and economic development.

Many cities, architects and developers actually consider majestic trees worthy of design implementation. The Banyan tree for example is used throughout public spaces in Hawaii and is revered for enhancing the human experience and improving property values.

Open-armed encouragement of owner/developer’s schemes that side-step community protection policies will not bring about thoughtful long range improvements.

Vote for city leaders that will protect our community’s future.

Angie Homola

Oak Harbor