Council Postpones Vote on Trousdale View Ordinance

The debate between residents in the Trousdale Estates with high trees and foliage—and their neighbors who seek to restore hillside views—was on the City Council's agenda Thursday. Members agreed to postpone a vote on a that addresses the issue after a hearty discussion with city staff, community members and the city attorney.

After research by the Planning Commission and city staff, along with public hearings, the "roof height plus one foot with a maximum of 15 feet," as Vice Mayor William Brien phrased it, is the proposed rule for foliage that may block a neighbor's view.

Residents from both sides of the issue who attended the meeting pointed out "roadblocks" in the proposed ordinance's legal language.

"This ordinance raises many thorny policy questions, and there are certainly pros and cons to many, if not all, of the decisions that are made with regard to the issues that have been raised," City Attorney Larry Wiener said.

Several specific possible adjustments Wiener raised and council members discussed were:

• Adding wording in the ordinance to allow for access to a foliage owner's property in order to determine the height of potentially view-obstructing trees or shrubs.
• Changes to a home's roof height that would affect a foliage owner's maximum height for trees or shrubs.
• Issues pertaining to tree growth and trimming that reflect a foliage owners compliance with the ordinance.
• Concern over more specifically clarifying how to determine when the city is actually required to settle disputes between neighbors over view restoration via the code enforcement process.
• The cost to homeowners trying to restore a view, which could climb to six figures if the matter has to go to court, because provisions in the ordinance shift the financial burden of enforcing the law to residents.

The council will consider the ordinance again at its Nov. 15 meeting.

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