Tree removal denied again Tree removal denied again (July 01, 2005)

Owner says giant redwood hampers his wheelchair

By Jon Wiener

The most recent episode in one of the most contentious property rights battles in the city went much like all the others.

Douglas Byer looked on from his wheelchair as the city council voted against his plan to rebuild his house at 340 Palo Alto Ave. The council voted 6-1 to deny his application to remove a tree protected under the city's heritage tree ordinance.

"Unconscionable," said Bob Byer, Douglas's father. "The city council will allow any tree in this city to be removed unless it's a private resident asking to do it."

The Byers purchased the property in 2001, with the goal of building a house for Douglas and an attendant. Their plans were complicated when the city passed an emergency ordinance prohibiting major work on houses listed on a controversial historic register. The Byers' house wound up the list because it was featured on a walking tour of Mountain View written in the 1970s.

The younger Byer's wheelchair is central to the story -- he says the seed cones dropped from the tree make it nearly impossible for him to maneuver it along the main pathway around the side of the house.

The tree was not a problem until the Byers moved the house toward the edge of the lot last year -- most of the tree is actually located on a neighbor's property. The city council at the time had said it wanted to keep the tree. But Bob Byer said the northern side of the house is a flatter and better access route than the other side of the lot.

The council has made several suggestions to solve the problem, such as building a canopy, or putting in a path along the south edge of the house. The problem with all of them, said Bob Byer, is that they require the family to shell out extra money. The Byers say they have already spent $1.7 million on renovations, in large part due to city requirements.

"We would have never bought this house if we would have known. Nobody wants this kind of headache," Douglas's mother Evi said.

Council member Matt Pear was among the few council members who appeared to sympathize with the Byers.

"My condolences actually go to the family for going through five years of this," said Pear. "I think it only behooves us to try to do all we can to accommodate the family as much as we can at this point."

But other council members were unswayed, saying that nothing had changed since the Byers' original application -- which, they say, would not have met requirements for removing a heritage tree had it gone through the normal channels.

"As much as I would like to favor the property rights of owners, we have a heritage tree ordinance," said Tom Means, who had visited the site earlier Tuesday afternoon. Means was also among those to point out that the tree probably would be removed if this were a city project.

Both Pear and Means ultimately voted with the majority to reject the application, with a condition that the Byers could build a canopy that does not conform to city safety codes. Only Nick Galiotto voted for removal.

"It's been quite an adventure," said Bob Byer. "I would have never imagined in my life I would still be in front of the city council."

E-mail Jon Wiener at jwiener@mv-voice.com

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