The city of Oak Harbor could protect the beloved Fidalgo Avenue Garry oak tree simply by following its own oak tree protection ordinance, rather than asking Island County for scarce Conservation Futures funds.

The Fidalgo tree got a new lease on life when a developer’s variance expired, saving the tree from a drastic pruning that could have reduced its number of trunks, or stems, from six to two. This would have been a death sentence, according to various Garry oak experts whose opinions were solicited by citizens who argued against the variance that allowed its pruning.

Now that the development project has been stopped by the weak economy, the city is asking Island County for an undetermined number of dollars to buy an easement surrounding the tree, thereby affording it permanent protection. In fact, when the tree eventually dies as all living things do, the city would still own an easement for land that the tree used to grow on.

The city is trying to avoid enforcing its clearly-worded Garry oak ordinance. The fact that the variance was granted in the first place was a travesty. The city argued for the variance before Hearing Examiner Michael Bobbink, who inexplicably made the variance even more extensive than the city recommended. Perhaps an acorn dropped on Bobbink’s head when he was a baby, and he’s been resentful of oak trees ever since.

The oak tree ordinance could not be more clear. Garry oaks can only be trimmed or removed for safety reasons, or to cut limbs away from utility lines. The city, working with the developer, made an end-run around the tree ordinance in asking for the variance, citing the critical areas ordinance. Bobbink fell for it, which suggests the city should advertise for another hearing examiner, as the intent of the citizens of Oak Harbor is that oak trees be preserved, not pruned to death.

Rather than ask for county money to protect the tree, city officials should be tweaking its critical areas ordinance so it can no longer be used to circumvent the Oak tree ordinance. Then, enforce the oak tree ordinance.

The Fidalgo Avenue oak tree fronts three lots, with plenty of developable land upwards from there. The resplendent tree should be encompassed in any development plan, not killed for the sake of development. Many developers will try to squeeze every feasible dollar out of a project, but others work to protect natural features and in so doing enhance the project.

The property owner should come back with a better development plan, and the city should enforce the letter and spirit of its own Garry oak protection ordinance. Island County has better uses for its Conservation Futures dollars than taking the political heat off Oak Harbor’s elected officials.