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HomeMy WebLinkAboutDeadIndianMemorial_403_PA-2012-00897 CITY OF ASHLAND July 18,2012 City of Ashland Attn: Anne Thayer,Parks Department 20 East Main Street Ashland, OR 97520 RE: Planning Action#2012-00897 Notice of Final Decision On July 18,2012,the Staff Advisor for the Ashland Planning Division administratively approved your request for the following: PLANNING ACTION: PA-2012-00897 SUBJECT PROPERTY: 403 Dead Indian Memorial Road APPLICANT: City of Ashland/Ashland Municipal Airport DESCRIPTION: A Tree Removal request to remove a 25-inch D.B.H.Ash Tree located next to the traffic control building located at the Ashland Municipal Airport at 403 Dead Indian Memorial Road. The applicant is proposing to mitigate with a smaller stature tree that complies with federal regulations for visibility of the beacon light. COMPREHENSIVE PLAN DESIGNATION: Airport; ZONING: E-1; ASSESSOR'S MAP#: 39 lE 12; TAX LOT#: 301 The Staff Advisor's decision becomes final and is effective on the 13t"day after the Notice of Final Decision is mailed. Prior to the final decision date, anyone who was mailed this Notice Of Final-Decision may request a reconsideration of the action by the Staff Advisor as set forth in the Ashland Land Use Ordinance (ALUO) 18.108.070(B)(2)(b) and/or file an appeal to the Ashland Planning Commission as provided in the.ALUO 18.108.070(B)(2)(c). An appeal may not be made directly to the Land Use Board of Appeals. Oregon law states that failure to raise an objection concerning this application,by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue,precludes your right of appeal to LUBA on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court. The application,all associated documents and evidence submitted, and the applicable criteria are available for review at no cost at the Ashland Community Development Department, located at 51 Winburn Way. Copies of file documents can be requested and are charged based on the City of Ashland copy fee schedule. If you have any questions regarding this decision,please contact the Community Development Department between the hours of 8:00 am and 4:30 pm,Monday through Friday at(541)488-5305. cc: Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel:541-088-5305 51 Winburn Way Fax:541-552-2050 Ashland,Oregon 97520 TTY: 800-735-2900 www.ashland.or.us i ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA-2012-00897 SUBJECT PROPERTY: 403 Dead Indian Memorial Road APPLICANT: City of Ashland/Ashland Municipal Airport DESCRIPTION: A Tree Removal request to remove a 25-inch D.B.H. Ash Tree located next to the traffic control building located at the Ashland Municipal Airport at 403 Dead Indian Memorial Road. The applicant is proposing to mitigate with a smaller stature tree that complies with federal regulations for visibility of the beacon light. COMPREHENSIVE PLAN DESIGNATION: Airport; ZONING: E-1; ASSESSOR'S MAP #: 39 1E 12; TAX LOT#: 301 SUBMITTAL DATE: June 22, 2012 DEEMED COMPLETE DATE: June 27, 2012 STAFF APPROVAL DATE: July 18, 2012 APPEAL DEADLINE: July 30, 2012 FINAL DECISION DATE: July 31, 2012 APPROVAL EXPIRATION DATE: July 31, 2013 DECISION The subject property is the Ashland Municipal Airport located west of Dead Indian Memorial Road. The property is approximately 10.39 acres and slopes approximately eight percent downhill to west; with Emigrant Creek located at the northern edge of the parcel. The subject tree is a 25-inch D.B.H. Ash Tree located next to the traffic control building located at the terminus of Ashland Municipal Airport Access Road. When a federally required beacon light was installed a few years ago, the tree had to be topped so that the light could be seen from all directions. Now that the tree has re-sprouted, inhibiting the beacon light from being seen; the tree has become a maintenance issue for the City.of Ashland and therefore has decided to remove the tree before the suckering growth becomes a bigger issue in the future. The Tree Commission reviewed the application at their July 5, 2012 meeting. They concurred with Anne Thayer, the City's Horticulturalist's recommendation saying that Ash tree will become a bigger issue if left in its current condition and location. She has recommended a smaller stature tree to be planted in the same location that will not grow taller than the beacon light. Therefore the removal request was recommend to be approved as submitted. Staff finds that removal will not have a significant negative impact on erosion, soil stability, or existing windbreaks due to this property being an airport and relatively flat. Nor will removal have a negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet .of_the subject property since there are other trees in the immediate vicinity in good condition. Therefore, staff believes that the tree removal request meets the criteria of the ordinance and is approved to be removed. i PA#2012-00897 403 Dead Indian Mem.MAP Page 1 The criteria for a 'free removal Permit are described in AMC Chapter 18.61.080, as follows: 4n applicant for a Tree Removal Permit shall demonstrate that the following criteria are satisfied. The Staff Advisor may require an arborist's report to substantiate the criteria for a permit. B. Tree that is Not a Hazard: The City shall issue a tree removal permit for a tree that is not a hazard if the applicant demonstrates all of the following: 1. The tree is proposed for removal in order to permit the application to be consistent with other applicable Ashland Land Use Ordinance requirements and standards. (e.g. other applicable Site Design and Use Standards). The StaffAdvisor may require the building footprint of the development to be staked to allow for accurate verification of the permit application; and 2. Removal of the tree will not have a significant negative impact on erosion, soil stability,flow of surface waters,protection of adjacent trees, or existing windbreaks; and 3. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. The application with the attached,conditions complies with all applicable City ordinances. Planning Action 2012-00897 is approved with the following conditions. Further, if any one or more of the following conditions are found to be invalid for any reason whatsoever,then Planning Action 2012-00897 is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant shall be conditions of approval unless otherwise modified here. 2) That a smaller stature mitigation tree shall be planted in accordance with the City of Ashland's Recommended Street Tree Guide for underneath utility lines be planted within 180 rays ,-om the date f this approval. B''1rMolnar II Director D e Departm of Community Development .4 i PA#2012-00897 403 Dead Indian Mem.RUMP Page 2 PA-2012-00897 391 E12 801 PA-2012-00897 391 E12 803 PA-2012-00897 391 E12 900 ASHLAND BIBLE CHURCH BEMIS ED TRUSTEE FBO BERGREN JOHN/MARY 400 DEAD INDIAN RD P 0 BOX 1018 380 DEAD INDIAN MEMORIAL RD ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2012-00897 391 E12 308 PA-2012-00897 391 E13BB 1200 PA-2012-00897 391 E12 301 CITY OF ASHLAND CONNOLLY APPLEGATE PROPERTIES DE BOER ALAN ANNE THAYER, PARKS DEPT LLC P 0 BOX 249 20 EAST MAIN ST 710 SPRUCE ST ASHLAND, OR 97520 ASHLAND, OR 97520 BERKELEY, CA 94707 PA-2012-00897 391 E12 600 PA-2012-00897 391 El 3B 202 PA-2012-00897 391 E11 DD 200 FARNEY KENT HASSELL ALAN R HOLLINGSWORTH SCOTT/CHRIS 888 WILLOW ST 250 DEAD INDIAN RD 3077 E MAIN ST ALAMEDA, CA 94504 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2012-00897 391 E12 303 PA-2012-00897 391 E13BB 1100 PA-2012-00897 391 E13BB 1000 JOHNSON-SCHLESS KRISTA JORGENSEN ROY METROPOLIS PROPERTIES LLC 1348 PROSPECT ST PO BOX 368 IRVING WEINER MANAGING MEMBER ASHLAND, OR 97520 ASHLAND, OR 97520 2836 W 11TH AVE EUGENE, OR 97402 PA-2012-00897 391 E11 DD 300 PA-2012-00897 391 E12 802 PA-2012-00897 391 E12 320 MOORE ASHLEY PEYTON ET AL SAUNDERS DARLENE G TRUSTEE ET AL SECURE STORAGE OF ASHLAND LLC 3103 E MAIN ST P 0 BOX 188 MARIANNE WALKER ASHLAND, OR 97520 ASHLAND, OR 97520 65895 W HIGHWAY 20 BEND, OR 97701 PA-2012-00897 391 E12 309 PA-2012-00897 391 E12 319 403 Dead Indian Memorial Road SKY LLC WAND BRUCE 7/1 (12 NOD 445 DEAD INDIAN MEMORIAL RD 700 OAK ST 17 ASHLAND, OR 97520 ASHLAND, OR 97520 I i II, j i I Planning Department,51 WA Nay,Ashland,Oregon 97520 C [ T Y 0 > Al pr 541-488-5305 Fax:541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 ASHLAND NOTICE OF APPLICATION PLANNING ACTION: PA-2012.00897 SUBJECT PROPERTY: 403 Dead Indian Memorial Road OWN E RIAPPLI CANT: City of Ashland/Ashland Municipal Airport DESCRIPTION: A Tree Removal request to remove a 25-inch D.E.H.Ash Tree located next to the traffic control building located at the Ashland Municipal Airport at 403 Dead Indian Memorial Road. The applicant is proposing to mitigate with a smaller stature tree that complies with federal regulations for visibility of the beacon light. COMPREHENSIVE PLAN DESIGNATION:Airport;ZONING:E-1;ASSESSOR'S MAP#:391E 12; TAX LOT#:301 NOTE: The Ashland Tree Commission will also review this Planning Action on July 5,2012 at 6:00 p.m.in the Community Development and Engineering Services building(Siskiyou Room)located at 51 Winburn Way. NOTICE OF COMPLETE APPLICATION: June 27, 2012 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: July 11, 2012 SUBJECT PROPERTY: 403 Dead Indian Memorial Road ; Map: 391E 12; TL: 310 ° a1 Appoximate location — of subject tree ; , ; t�,E r " .- ? — (,� — _ _r g1t c 'uyWNA4*410RA .AIkPO Rt , ry Vx,\ Prop ty lines me far referea�arl�,rmt smleaUle 0 50 100 200 Feet The Ashland Planning Division Staff has received a complete application for the property noted above. Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn Way,Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above. Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staff's decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.108.040) The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals(LUBA)on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court. A copy of the application,all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development&Engineering Services Building,51 Winburn Way,Ashland,Oregon 97520. If you have questions or comments concerning this request,please feel free to contact the Ashland Planning Division at 541-488-5305. TREE REMOVAL 18.61.080 Criteria for Issuance of Tree Removal_ Permit An applicant for a Tree Removal Permit shall demonstrate that the following criteria are satisfied,The Staff Advisor may require an arborist's report to substantiate the criteria for a permit. A. Hazard Tree:The Staff Advisor shall issue a tree removal permit for a hazard tree if the applicant demonstrates that a tree is a hazard and warrants removal. 1. A hazard tree is a tree that is physically damaged to the degree that it is clear that it is likely to fall and injure persons or property. A hazard tree may also include a tree that is located within public rights of way and is causing damage to existing public or private facilities or services and such facilities or services cannot be relocated or the damage alleviated.The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard or a foreseeable danger of property damage to an existing structure and such hazard or danger cannot reasonably be alleviated by treatment or pruning. 2. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to AMC 18.61.084, Such mitigation requirements shall be a condition of approval of the permit. B. Tree that is Not a Hazard:The City shall issue a tree removal permit for a tree that is not a hazard if the applicant demonstrates all of the following: 1. The tree is proposed for removal in order to permit the application to be consistent with other applicable Ashland Land Use Ordinance requirements and standards, including but not limited to applicable Site Design and Use Standards and Physical and Environmental Constraints,The Staff Advisor may require the building footprint of the development to be staked to allow for accurate verification of the permit application;and 2. Removal of the tree will not have a significant negative impact on erosion,soil stability,flow of surface waters,protection of adjacent trees,or existing windbreaks;and 3. Removal of the tree will not have a significant negative impact on the tree densities,sizes,canopies,and species diversity within 200 feet of the subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. Nothing in this section shall require that the residential density be reduced below the permitted density allowed by the zone. In making this determination,the City may consider alternative site plans or placement of structures or alternate landscaping designs that would lessen the impact on trees,so long as the alternatives continue to comply with other provisions of the Ashland Land Use Ordinance. 4. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to AMC 18.61,084, Such mitigation requirements shall be a condition of approval of the permit. (ORD 2951,2008;ORD 2883,2002) i PA-2012-00897 391 E12 801 PA-2012-00897 391 E12 803 PA-2012-00897 391 E12 900 ASHLAND BIBLE CHURCH BEMIS ED TRUSTEE FBO BERGREN JOHN/MARY 400 DEAD INDIAN RD P 0 BOX 1018 380 DEAD INDIAN MEMORIAL RD ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2012-00897 391 E12 308 PA-2012-00897 391 E13BB 1200 PA-2012-00897 391 E12 301 CITY OF ASHLAND CONNOLLY APPLEGATE PROPERTIES DE BOER ALAN ANNE THAYER, PARKS DEPT LLC P 0 BOX 249 20 EAST MAIN ST 710 SPRUCE ST ASHLAND, OR 97520 ASHLAND, OR 97520 BERKELEY, CA 94707 PA-2012-00897 391 E12 600 PA-2012-00897 391 El 3B 202 PA-2012-00897 391 E11 DD 200 FARNEY KENT HASSELL ALAN R HOLLINGSWORTH SCOTT/CHRIS 888 WILLOW ST 250 DEAD INDIAN RD 3077 E MAIN ST ALAMEDA, CA 94504 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2012-00897 391 E12 303 PA-2012-00897 391 E13BB 1100 PA-2012-00897 391 E13BB 1000 JOHNSON-SCHLESS KRISTA JORGENSEN ROY METROPOLIS PROPERTIES LLC 1348 PROSPECT ST PO BOX 368 IRVING WEINER MANAGING MEMBER ASHLAND, OR 97520 ASHLAND, OR 97520 2836 W 11TH AVE EUGENE, OR 97402 PA-2012-00897 391 E11 DD 300 PA-2012-00897 391 E12 802 PA-2012-00897 391 E12 320 MOORE ASHLEY PEYTON ET AL SAUNDERS DARLENE G TRUSTEE ET AL SECURE STORAGE OF ASHLAND LLC 3103 E MAIN ST P 0 BOX 188 MARIANNE WALKER ASHLAND, OR 97520 ASHLAND, OR 97520 65895 W HIGHWAY 20 BEND, OR 97701 PA-2012-00897 391 E12 309 PA-2012-00897 391 E12 319 403 Dead Indian Memorial Road SKY LLC WAND BRUCE 6/27/12 NOC 445 DEAD INDIAN MEMORIAL RD 700 OAK ST 17 ASHLAND, OR 97520 ASHLAND, OR 97520 i i i i AFFIDAVIT OF MAILING STATE OF OREGON ) County of Jackson ) The undersigned being first duly sworn states that: 1. I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On June 27, 2012 1 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for Planning Action PA-2012-00897, 403 Dead Indian Memorial Road. Signature of Employee i i i i i i Document3 6/27/2012 I a a INFORMATION TECHNOLOGY a r, Map Maker € y e sa Application Property Data Online Legend f t' Highlighted Feature f E I A {rail' �,�� lheBufter theBufierTarget r _ qt Tax Lot Outlines C p if I 11 > 8 t 6•" @ a i F�` f€c g 9 d Y i". i 3 t 6 J.. 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Please recycle with colored office grads paper Created with MapMaker Map created on 6126/2012 10:57:47 AM using web.lacksoncounty.org i June 21, 2012 City of Ashland, Planning Division 20 East Main St. RECEIVED Ashland, OR 97520 Attn: Michael Pina, Assistant Planner JUN 2 2 7"1 Subject: Tree Removal Request for Ashland Municipal Airport Narrative: Federal regulations require a beacon light to be visible at all corners of the airport facility. When the beacon light was installed a few years ago, the Narrowleaf Ash(25.2" dbh)was topped to allow for the beacon light to be seen from all angles of the airport. The existing tree is very close to the traffic control building. Having been topped, the Ash has suckered immensely and produced growth that is once again inhibiting the beacon light from view on the North to Northeast side of the airport. The suckering growth will become a problem in that not only as a regular maintenance monster, but the suckers/watersprouts make poor stem attachments and will become a safety hazard. The City of Ashland is responsible for and maintains the building and surrounding landscape and vegetation. It is in the City's best interest to remove the Narrowleaf Ash and mitigate with a tree of smaller stature that would not inhibit the beacon light trajectory for the future. Section 18.61.080 Criteria for Issuance of Tree Removal Permit. An applicant for a Tree Removal Permit shall demonstrate that the following criteria are satisfied. The Staff Advisor may require an arborist's report to substantiate the criteria for a permit. B. Tree that is not a hazard: The City shall issue a tree removal permit for a tree that is not a hazard if the applicant demonstrates all of the following: 1. The tree is proposed for removal in order to permit the application to be consistent with other applicable Site Design and Use Standards and Physical and Environmental Constraints. The Staff Advisor may require the building footprint of the development to be staked to allow for accurate verification of the permit application. The building will not be changed in any way due to the removal of the tree. The tree is proposed for removal in order to permit the federally mandated regulations of Ashland Municipal Airport provide a beacon light visually to all side of the facility. 2. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. The City shall grant an exception to this criterion when alternative to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. Nothing in this section shall require that the residential density be reduce below the permitted density allowed by the zone. In making this determination, the City may consider alternative site plans or placement of structures of alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with the other provisions of the Ashland Land Use Ordinance. There will be no significant negative impact on the site. Ashland Parks and Recreation planted 3 trees (Ash) in the landscape 8 years ago. The three trees have grown significantly and provide shade on the three other sides of the building. They are maintained for sight clearance at all times. One Norway maple was also on site previously and is currently in good condition. 4. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to AMC 18.61.084. Such mitigation requirements shall be a condition of approval of the permit. Mitigated tree(s) of smaller stature are required for the current airport landscape, such as the trees suggested in Ashland's City Street Tree Guide beneath utility lines. RECEIVED JUN 2 2 n k I i 'RECEIVED JUN p r y t w yt r ;d x a a z F to the left in �' ds beacon light � x pruning ECEI E JUN 2 . ` a sx` t 3 q" r t 1 § § , t ...Ashland !mil it r 1e x � i ori Y0 � ' fr k NO $m � „� a r pf 3 n � w a ON t t tea- g q �s7 ,W s7� x 3' A i ZONING PERMIT APPLICATION 1W IFPlanning Division CITY OF 51 Winburn Way,Ashland OR 97520 FILE# P14 9,o o 66 c) ASHLAND 541-488-5305 Fax 541-488-6006 4,V - DESCRIPTION OF PROJECT o (1't4 DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? ❑YES ❑NO Street Address I,Ltonl c/-,w q— 75d(") Assessor's Map No.39 1 E Tax Lot(s) Zoning Comp Plan Designation APPLICANT Phone ci;51 J E-Mail IJ-9c Name [1]Lxz ,IT)a 0 id Address city Z i p 0 PROPERTY OWNER .'I Phone 411 - 56.�- JA46 E-Mail eL)&J�Ll (�AS)l/40 iel, Name C d­( (4, Cuxi C2 Address City Zip ` ? SURVEYOR, ENGINEER,ARCHITECT,LANDSCAPE ARCHITECT,OTHER Title Name Phone E-Mail Address City Zip Title Name Phone E-Mail Address City Zip I hereby certify that the statements and information contained in this application,including the enclosed drawings and the required findings of fact,are in all respects, true and correct. /understand that all properly pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their location found to be incorrect, the owner assumes full responsibility, I further understand that if this request is subsequently contested, the burden will be on me to establish: 1) that I produced sufficient factual evidence at the hearing to support this request; 2) that the findings of fact furnished justifies the granting of the request; 3) that the findings of fact furnished by me are adequate;and further 4) that all structures or improvements are properly located on the ground. Failure in this regard will result most likely in not only the request being set aside,but also possibly in my structures being built in reliance thereon being required to be removed at my expense. If I have any doubts,I am advised to seek competent professional advice and assistance, Applicant's Signature Date As owner of the property involved in this request,I have read and understood the complete application and its consequences to me as a property owner. Property Ow er's Signature (required) Date [To be completed by City Staff) Date Received Zoning Permit Type Filing Fee OVER 0 C:11)ocunients and Settings\lttcasa,Desktop,Zoniiig Pennit Application.doc Job Address: 403 DEAD INDIAN MEMORIAL RD Contractor: ASHLAND OR 97520 Address: ,A P Owner's Name: CITY OF ASHLAND .. Phone: Customer#: 06850 N. State Lie No: L: CITY OF ASHLAND T City Lie No: Applicant: Address: C Sub-Contractor: Phone: C � Address: i N Applied: 06/22/2012 ` T" Issued: Expires: 12/19/2012 R` Phone: State Lie No: Maplot: City Lie No: DESCRIPTION: Remove tree at Ashland Airport VALUATION ;`' I Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description Total for Valuation: MECHANICAL. '' EI-ECTRICAL S?�tIJCTURA� F'EFt(V11T FEE DETAIL .1 Fee Description Amount Fee Description Amount Tree RemovalNerification 27.00 i CONDITIOiUS,OF RPI?RQVAL I I I COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 East Main St. Fax: 541-488-5311 Ashland, OR 97520 TTY: 800-735-2900 www.ashland.or.us Inspection Request Line: 541-552-2080 CITY F