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the tree leaves in his yard and driveway and the damage the walnuts have caused to the roof of his garage. The owner, Mrs. Brown, does not want the tree trimmed anymore for fear that it will harm the tree, not to mention the fact that it will leave the tree lopsided. To better help you understand what has been going on I have enclosed all of the correspondence regarding this matter. Apparently Mr. Philippis has had the tree trimmed in the past, one can clearly see where it was cut, and now wishes to complete the job be taking off the remaining top branches that hang over his yard. The law gives Mr. Philippis the right to trim any branches that overhang his property as long as it does not cause disease or death to the tree. I have also attached a copy of a memo from Thomas Bodnar regarding this issue. The staff has requested that the Brent Thompson, City Forester, inspect the tree and give us a report regarding this matter. Mr. Thompson has inspected the tree but has failed to inform the staff of his findings. We have left numerous messages for him regarding this matter and had hoped to have a response before the packets were mailed. However, this is not the case, we still do not have a response from Mr. Thompson, but, with the help of Mr. Bodnar the staff is optimistic that such a report will be submitted by the May 21" meeting. Based on the enclosed literature and the staffs on site inspection the staff would tentatively recommend that this application be denied based on the belief that any more trimming of this tree will have a detrimental affect to its health, however, with out, Mr. Thompson's report it is unclear as to how much of an effect the trimming would have. THE STAFF HIGHLY RECOMMENDS THAT ALL COMMISSION MEMBERS GO OUT TO THE SITE AND INSPECT THE SITUATION FOR THEMSELVES. IT WILL BE NECESSARY TO HAVE FIRST HAND KNOWLEDGE OF THE TREE IN ORDER TO MAKE AN INFORMED DECISION REGARDING THIS MATTER. 2