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Notwithstanding the provisions of section 10-3-2901 of this chapter, the planning commission may approve the removal of a protected tree under any circumstance if the planning commission determines that:
A. The removal of the protected tree will not adversely affect the neighboring properties or the general welfare or safety of the surrounding area; and
B. The removal of the protected tree will not adversely affect the garden quality of the city.
The decision by the planning commission on a tree removal permit considered under the alternative provisions of this section shall be appealable by the owner of the tree proposed for removal to the city council as provided by title 1, chapter 4, article 1 of this code. In the event that the requested tree removal permit involves the removal of ten percent (10%) or more of the protected trees in an urban grove, the notice and appeal provisions of subsection 10-3-2901H of this chapter shall apply. Upon approval of an application by the city council pursuant to this section, the department of building and safety shall issue a tree removal permit. (Ord. 93-O-2176, eff. 8-20-1993)