A major pruning of the only Garry oak tree in the central business district has been approved by Oak Harbor’s hearing examiner in a decision that leaves the city’s tree lovers predicting death for the gnarly landmark on Fidalgo Avenue.

Hearing Examiner Michael Bobbink allowed the developers of a 36-unit condominium project with retail space to do what they had proposed, which means four of the tree’s six “stems,” or trunks, will be removed, and the remainder pruned to allow better views for the future condo dwellers.

The tree work required a variance from the city’s ordinance protecting Garry oaks. Without a variance, Oak Harbor’s namesake trees can’t be pruned or removed unless public safety is an issue, and the area within the drip line can not be disturbed.

Bobbink’s ruling, issued last month, states that the Fidalgo oak spans 70 feet east to west and 45 feet north to south, with the canopy covering some eight percent of the building site.

“Full protection of the tree would eliminate about 40 percent of the retail space fronting Fidalgo Avenue,” Bobbink wrote in his decision. “Additionally, full retention of the tree would eliminate six or seven parking spaces and the front eight proposed condominium units.”

He said this would threaten the project and conflicts with the city’s comprehensive plan which calls for mixed-use development in the area.

Bobbink found that the applicant’s pruning plan, designed by a certified arborist, would result in a “reasonable likelihood that the Garry oak tree will survive,” although “it will be reduced in its splendor,” and that, overall, “the benefits of allowing this proposal to go forward as designed outweigh the negative impact of the proposed tree trimming.”

The decision appears likely to stand. The deadline to appeal to Superior Court has already expired.

“Nobody I’m aware of has the resources to appeal,” said critic Terry LeDesky, an architect and member of the downtown betterment organization, Harbor Pride. Although he supports the mixed-use building concept on Fidalgo, he said the sprawling tree should have been afforded better protection.

“This mature tree is not a bonzai,” LeDesky said.

Melissa Duffy, a citizen activist who played an important role in saving the post office Garry oak that was once scheduled for removal, said she suspects pruning the Fidalgo tree to the approved extent will lead to its demise.

“The prognosis is not good,” Duffy said after consulting several tree experts. “If you destroy more than 20 percent of a tree’s canopy it’s not good for the tree’s health.” About 40 percent of the Fidalgo tree’s canopy will be removed, plus part of its root system.

“I’m personally devastated by the decision and haven’t recovered yet,” Duffy said. “I love our oak trees, that’s what makes our town unique, that’s what makes us charming.”

Angie Homola, who testified against granting the variance, said the approved pruning “entails massive destruction and surely ultimate death for the tree.” She admonished the developers for not planning around the tree from the beginning.

Oak Harbor resident Steve Waldron represents the owners and developers, and he was pleased by the hearing examiner’s decision. He said their arborist, Kevin Teague, is “very confident” the oak tree will survive the pruning experience. Teague is employed by Harmsen & Associates, Inc., an engineering and planning firm in Monroe.

Teague, contacted by phone Tuesday morning, said, “My clients … requested all information come through them regarding this project and specifically the oak tree issue. I’m not going to make any comment — you can read the report.” He wouldn’t answer when asked what he thought of critics of his pruning plan, or if he has had any past experience with Garry oaks.

Waldron said two of the stems will be saved and the remaining branches trimmed 40 percent. “It will be more of a vase shape rather than a big mushroom shape,” he said, adding that he has no fears that the tree will die.

“We want to use the tree as the focal point of the project,” he said. “We’re not bad guys.”

As for the project, Waldron said design can proceed now that the variance has been granted. He said there will be 2,000 to 4,000 square feet of retail space along Fidalgo Avenue, with the rest of the four-story structure consisting of condos and parking. It could be finished in 12 to 18 months, he estimated.

“It’ll be a big boost to downtown,” he said. “The city wants to infill rather than urban sprawl.”