Oak Harbor Hearing Examiner Michael Bobbink seemed a little stumped.

Last week, Bobbink listened to testimony from a dozen city residents and city staff over the fate of a sprawling Garry oak tree on Fidalgo Avenue.

In the end, the hearing examiner explained that it was not an easy issue to decide and promised to have a decision after the holidays.

“This tree should appreciate the significant and kind consideration given to it,” he said.

Developers who hope to build a 36-unit mixed residential and retail building on a downtown parcel made application with the city to severely prune the tree, including removing four of the six trunks. They are asking for a variance from the critical areas standards, which is an issue the hired hearing examiner must decide.

City staff recommended that Bobbink allow the pruning, but with several conditions — including a significant reduction in the pruning.

Several residents, including members of the Harbor Pride civic group, spoke in opposition last Monday, while others were in favor of a project that could help with the revitalization of the downtown area.

Terry LeDesky, the head of Harbor Pride, said the pruning plans could irreparably harm the old tree. He said the tree should be left alone and the development changed to accommodate it.

“We don’t need to kill the tree to save the development,” he said, “and we don’t need to kill the development to save the tree.”

On the other hand, Scott Fraser of the nearby Fraser’s Gourmet Hideaway restaurant said the developers have the support of the downtown “Harborside” merchants and the Chamber of Commerce. He said he didn’t want the city’s rules to prevent further investment in downtown.

“I was the first investor in 20 years,” he said, “and I don’t want to be the last investor in 20 years.”

Phil Nienhuis, the owner of the property in question, explained that the arborist hired by the developers created the plan to prune the tree. He said the arborist concluded that cutting down four of the trunks and creating a vase shape won’t harm the tree.

“Down the road it’s going to be a good looking tree in the middle of a nice facility,” he said.

Cac Kamak, senior planner, said city staff recommends allowing the developer to go ahead with plans to prune the oak, but with several conditions — including that the developers only remove two of the trunks and plant 10 new Garry oak trees in a different area.

In the end, Bobbink asked the applicants to create a diagram showing the tree and what it would look like if they followed city staff’s recommendation.

You can reach News-Times reporter Jessie Stensland at jstensland@whidbeynews

times.com or call 675-6611.