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92 <br />93 2. 2001-0420 —119 LaPorte, fencing. <br />94 <br />95 RHONDA SAUNDERS: I have spoken with Jim Markle of Design Review regarding <br />96 this application and he has assured me that Design Review will probably approve this <br />97 project. <br />98 <br />99 CATHERINE HOSTETLER: I move to approve application 2001-0420 as <br />100 recommended by staff. <br />101 <br />102 MARY JANE CHASE: I second the motion. <br />103 <br />104 After due consideration, the following action was taken: <br />105 <br />106 Upon a motion by Catherine Hostetler, being seconded by Mary Jane Chase, the <br />107 motion to approve application 2001-0420 as recommended by staff was approved with <br />108 John Oxian abstaining. <br />109 <br />110 3.2001-0427 — 2119 Portage, Tree. <br />111 <br />112 MARTHA CHOITZ: This is an immense tree; it is very old and very important.' <br />113 How many feet it is from the lot line? <br />114 <br />115 DONNA BROWN: I am Donna Brown, owner of the landmark house at 2119 Portage. <br />116 The tree is not far from the line, I have a picture of the lot that shows where the tree sits <br />117 in conjunction to the lot line. <br />118 <br />119 JOHN OXIAN: I agree with Martha Choitz, I would say this tree is anywhere from <br />120 60 to 80 years old at least and is very healthy. The Commission does have the right to <br />121 decide on the trimming of trees and has the final jurisdiction in this matter. . <br />122 <br />123 DONNA BROWN: The tree is eleven feet in circumference. I have recently cut down <br />124 a tree with a two-foot circumference that had 32 growth rings. Therefore, if you compare <br />125 just less then two feet with eleven feet I think you can see how old the Walnut could be. <br />126 <br />127 RICHARD MORRISON: There is a statement in the report that Mr. Philippes has a <br />128 right to trim the tree by state statute. <br />129 <br />130 THOMAS BODNAR: The normal Common Law rule states that you can remove <br />131 branches that over hang your lot line as long as it does not affect the health of the tree. <br />132 <br />133 RICHARD MORRISON: Does Common Law over ride the power of the Historic <br />134 Preservation Commission? <br />135 <br />136 THOMAS BODNAR: No, statutory law over rides common law. Common Law is <br />137 what the courts have adopted going all the way back to England. <br />3 <br />