HomeMy WebLinkAboutThird_56_PA-2012-01219
CITY OF
ASHLAND
September 21, 2012
David McNeil
12050 Hwy 99 South
z: .
Ashland OR 97520
RE: Planning Action #2012-01219
Notice of Final Decision
On September 21, 2012, the Staff Advisor for the Ashland Planning Division administratively approved
your reque6t for the following:
PLANNING ACTION: PA-2012-01219
SUBJECT PROPERTY: 56 Third Steet
APPLICANT: David McNeil for Barbara Allen
DESCRIPTION: A request for a Tree Removal permit to remove 60-inch in diameter at breast height
redwood tree in the front yard of the property located at 56 Third Street. The tree, has damaged the steps,
the porch and the sidewalk. The structure is a circa 1900 Historic Contributing structure.
COMPREHENSIVE PLAN DESIGNATION: Commercial: ZONING: C-1
ASSESSOR'S MAP 39 1E 09BD TAX LOT 1200
The Staff Advisor's decision becomes final and is effective on the 13`h 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: Barbara Allen
Parties of record and property owners within 200 ft
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305 _
51 Winbum Way Fax: 541-552-2050
Ashland, O(egon 57520 TTY: 800-735-29M
www.ashland.or.us ;
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: PA-2012-01219
SUBJECT PROPERTY: " 56 Third Steet
APPLICANT: David McNeil for Barbara Allen
DESCRIPTION: A request for a Tree Removal permit to remove 60-inch in
diameter at breast height redwood tree in the front yard of the property located at 56 Third Street.
The tree has damaged the steps, the porch and the sidewalk. The structure is a circa 1900
Historic Contributing structure. COMPREHENSIVE PLAN DESIGNATION: Commercial:
ZONING: C-1
ASSESSOR'S MAP 39 1E 09BD TAX LOT 1200
SUBMITTAL DATE: August 23, 2012
DEEMED COMPLETE DATE: August 27, 2012
STAFF APPROVAL DATE: September 21, 2012
FINAL DECISION DATE: October 3, 2012
APPROVAL EXPIRATION DATE: October 4, 2013
DECISION
The subject property is located at 56 Third Street and is zoned C-1, Commercial. The property
has been a single family residence, a travelers' accommodation and an office building. The
property has a small parking lot at the rear of the property adjacent to the alley. In the front of the
existing structure there is a large, immature, 60-inch in diameter at breast height redwood tree.
The tree is damaging the structure by lifting the porch and separating the tongue and groove
ceiling of the porch. As evidenced in the photographs there is a significant heaving of the
structure, approximately five inches on the steps and three inches on the porch surface.
Additionally, the tree roots are breaking the walkway from the sidewalk to the house and the
public sidewalk along the front of the parcel. Due to the species of tree is it not possible to prune
it to prevent it from causing additional damage. Cutting of the roots to prevent further damage to
the structure would injure the tree and cause it to become unstable. The tree is also
approximately six inches from the eave of the structure and in the near future will begin pushing
against the roof line as well.
The applicant planted a number of trees, shrubs and other landscaping at the property when it
was rehabilitated about 12 years ago. Due to the size, species and growth habitat of the redwood
tree, and other large stature conifers, this narrow, commercially zoned lot is not an appropriate
location for a tree that will achieve similar size and stature at maturity. There is another large
redwood at the rear of the property which is similar in size but this tree is not damaging any
structures currently. The applicant does not own other properties in town which are suitable for a
large stature conifer tree; the parcel is not part of a subdivision and therefore does not have open
space. In lieu of planting, the applicant has proposed to mitigate the redwood tree removal by
paying into the Tree Replacement fund as allowed in 18,61.084.C.
PA #2012-01219
56 Third St,/adg
Page 1
F
The criteria for Tree Removal Permit Approval are described in AMC Chapter 18.61.080,
as follows:
A. Hazard Tree: The Staff Advisor shall issue a tree removal permitfor'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 existingpublic 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.
The application with the attached conditions complies with all applicable City ordinances.
Planning Action 2012-01073 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 2012-01073 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
mo~ified here.
.L lee, 7
f III Molnar, Director ate
i
Departme~ of Community Development
1
I
PA #2012-01219
56 Third Stladg
Page 2
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PA-2012-01219 391E09BD 801 PA-2012-01219 391E09BD 70001 PA-2012-0121939112091313 1100
2929 LLC 33 LLC ALLEN BARBARA A TRUSTEE ET AL
2929 29TH ST 850 SISKIYOU BLVD 3 131 TERRACE ST
PORTLAND, OR 97210 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2012-01219 391F09BD 500 PA-2012-01219 391E09BD 1400 PA-2012-01219 391F-0913D 600
CHALLMAN KENNETH WISARAH R. GLAUSI OTTO/E JEAN HALD CHRISTIAN P MD TRUSTEE ET
39 4TH ST 712 KIMWOOD PL 600 ROCA ST
ASHLAND, OR 97520 EUGENE, OR 97401 ASHLAND, OR 97520
PA-2012-01219 391EO913D 300 PA-2012-01219 391B09BD 400 PA-2012-01219 391EO913D 1800
KNUTSEN CAROLYN J LARSON WENDY D/MATTHEW W LEMANNE DAWN TRUSTEE ET AL
2116 ROSEMARY CT 47 FOURTH ST 435 GRANITE
PETALUMA, CA 94954 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2012-01219 391E09BD 80003 PA-2012-01219 391E09BD 2400 PA-2012-01219 391E09BD 1500
MCNEAL KATHLEEN DAYLE MITTLEMAN PROPERTIES NORTON MARY L TRUSTEE ET AL
450 C ST 2800 EAST LAKE ST 957 HARMONY LN
ASHLAND, OR 97520 MINNEAPOLIS, MN 55406 ASHLAND, OR 97520
PA-2012-01219 391F09BD 80002 PA-2012-01219 391E09BD 2700 PA-2012-01219 391E09BD 1801
PEARCE DARREL PROVOST PROPERTIES LLC RANDOLPH HAYS LLC
448 C ST 6431 ADAMS RD P 0 BOX 1220
ASHLAND, OR 97520 TALENT, OR 97540 MEDFORD, OR 97501
PA-2012-01219 391E09BD 1000 PA-2012-01219 391E09BD 100 PA-2012-01219 391E09DD 200
ROGUE FEDERAL CREDIT UNION ROGUE VALLEY UNITARIAN ROGUE VALLEY UNITARIAN/
P O BOX 4550 87 FOURTH ST 65 4TH ST
MEDFORD, OR 97501 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2012-01219 391E09BD 80001 PA-2012-01219 391E09BD 2500 PA-2012-01219 391E09BD 1300
SLATTERY DENNIS ET AL STEVIED CORPORATION THIRD STREET PROPERTIES LLC
94 N THIRD 37 THIRD ST 64 THIRD ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2012-01219 391E09BD 2100 PA-2012-01219 39IE09BD 2300 PA-2012-01219 391EO913D 801
VAN VLEET & ASSOCIATES INC 1ABLLES RANDALL WESTERN STATIONS CO #227
375 LITIIIA WAY 81 N MOUNTAIN AVE 2929 NW 29TH
ASHLAND, OR 97520 ASHLAND, OR 97520 PORTLAND, OR 97210
PA-2012-01219 391 E09BD 1600 26
VAqLLIAMS JONATHAN L/NANCY J PA-2012 01219 56 Third
78 N THIRD ST DAVID MCNEIL 9-21-12
ASHLAND, OR 97520 12050 HWY 99 SOUTH
ASHLAND, OR 97520
T 0945 T wta6p3 do-dod asodxa tided paOJ T 0094S aleldwal ®IGanV asB
01 Gull 6uole pua8 E ` 3 ® i slagLq ®189d RSU3
Planning Department, 51 Wing Nay, Ashland, Oregon 97520 1 T
7 541-488-5305 Fax: 541.552-2050 www.ashland.orms TTY: 1-800-735-2900 ASHLAND
NOTICE OF APPLICATION
PLANNING ACTION: 2012.01219
SUBJECT PROPERTY: 56 Third Street
OWNERIAPPLICANT: David McNeil for Barbara Allen
DESCRIPTION: A request for a Tree Removal permit to remove a 60-Inch in diameter at breast height
redwood tree In the front yard of the property located at 56 Third Street. The tree has damaged the steps, the
porch and the sidewalk. The structure is a circa 9900 Historic Contributing structure. COMPREHENSIVE PLAN
DESIGNATION: Commercial: ZONING: C-1.
NOTE: The Ashland Tree Coimuission will also review this Planning Action on Thursday, September 6, 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: August 27, 2012
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: September 10, 2012
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E"EMECT PROPERTY
66 THIRD STREET
335 4335 0~/ 415 r;
aas a33s 7 33 4a
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305 8 27
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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 Staffs 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 suffic€ent 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.
G.Ic4)mm-ded,p1anninST1Ann1ng AcdonsVxoticing FolderWailed Notices & Signs~01212012-U1219.docx
TREE REMOVAL
18.61,080 Criteria for Issuance of Tree Remo, - Staff 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 98.61.084, Such
mitigation requirements shall be a condition of approval of the permit.
(ORD 2951, 2008; ORD 2883, 2002)
Gacomm-dev planninglPlann rig Actions~YOFicing Polderl~failed Notices R Signs12012V012-01219.docx
I j
PA-2012-01219 391E09BD 801 PA-2012-01219 391 E09BD 70001 PA-2012-41219 391EO913D 1100
2929 LLC 33 LLC ALLEN BARBARA A TRUSTEE ET AL
2929 29TH ST 850 SISKIYOU BLVD 3 131 TERRACE ST
PORTLAND, OR 97210 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2012-01219 391 E09BD 500 PA-2012-01219 391 E09BD 1400 PA-2012-01219 391E09BD 600
CHALLMAN KENNETH W/SARAH R GLAUSI OTTO/E JEAN HALD CHRISTIAN P MD TRUSTEE ET
39 4TH ST 712 KIMWOOD PL 600 ROCA ST
ASHLAND, OR 97520 EUGENE, OR 97401 ASHLAND, OR 97520
PA-2012-01219 391E09BD 300 PA-2012-01219 391E09BD 400 PA-2012-01219 391E09BD 1800
KNUTSEN CAROLYN J LARSON WENDY D/MATTHEW W LEMANNE DAWN TRUSTEE ET AL
2116 ROSEMARY CT 47 FOURTH ST 435 GRANITE
PETALUMA, CA 94954 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2012-01219 391 E09BD 80003 PA-2012-01219 391 E09BD 2400 PA-2012-01219 391 E09BD 1500
MCNEAL KATHLEEN DAYLE MITTLE MAN PROPERTIES NORTON MARY L TRUSTEE ET AL
450 C ST 2800 EAST LAKE ST 957 HARMONY LN
ASHLAND, OR 97520 MINNEAPOLIS, MN 55406 ASHLAND, OR 97520
PA-2012-01219 391E09BD 80002 PA-2012-01219 391E09BD 2700 PA-2012-01219 391 E09BD 1801
PEARCE DARREL PROVOST PROPERTIES LLC RANDOLPH HAYS LLC
448 C ST 6431 ADAMS RD P O BOX 1220
ASHLAND, OR 97520 TALENT, OR 97540 MEDFORD, OR 97501
PA-2012-01219 391 E09BD 1000 PA-2012-01219 391 E09BD 100 PA-2012-01219 39IE09BD 200
ROGUE FEDERAL CREDIT UNION ROGUE VALLEY UNITARIAN ROGUE VALLEY UNITARIAN/
P O BOX 4550 87 FOURTH ST 65 4TH ST
MEDFORD, OR 97501 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2012-01219 391E09BD 80001 PA-2012-01219 391E09DD 2500 PA-2012-01219 391E09BD 1300
SLATTERY DENNIS ET AL STEVIED CORPORATION THIRD STREET PROPERTIES LLC
94 N THIRD 37 THIRD ST 64 THIRD ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2012-01219 39IE09BD 2100 PA-2012-01219 391E09BD 2300 PA-2012-01219 391EO913D 801
VAN VLEET & ASSOCIATES INC WELLES RANDALL WESTERN STATIONS CO #227
375 LITHIA WAY 81 N MOUNTAIN AVE 2929 NW 29TH
ASHLAND, OR 97520 ASHLAND, OR 97520 PORTLAND, OR 97210
PA-2012-01219 391E09BD 1600 PA-2012-01219
WILLIAMS JONATHAN L/NANCY J DAVID MCNEIL
78 N THIRD ST 12050 HWY 99 SOUTH
ASHLAND, OR 97520 ASHLAND, OR 97520
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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 August 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 #2012-01219, 56 Third St.
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i
r ' ZONING PERMIT APPLICATION
Planning Division
-
51 Winbum Way, Ashland OR 97520
FILE
C I T Y OF 541-488-5305 Fax 541-488-6006
ASHLAND
DESCRIPTION OF PROJECT
DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? ❑ YES ❑ NO
Street Address - '&L __0 5S
Assessor's Map No. 391 E 69 AD Tax Lot(s) r' 2 C~c~
Zoning Comp Plan Designation
APPLICA T
Name Phone E-Mail
Address 2 ' w N(f ~Fi City L r zip Z 0
PROPERTY OWNER /
Name Phone `s/ - ' -Mail ~r k - fS'c
Address C) wJ_..c _ 5 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. t understand that all property pins most 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 l produced sufficient factual evidence at the hearing to support this request;
2) that the findings of fact fumished justifies the granting of the request;
3) that the findings of fact furnished by me are adequate; and further
4) that all- tructures or improvements are properly located on the ground.
i`
Failure iq: airs reg rd will result most likely in not ly the request being sot aside, but also possibly in my structures being built in reliance thereon being required to
be rem6ved at y expense. ~1'have any do , s, lam advised to seek competent professional advice and assistance,
i 2 J
Appji an s"Si dri-a-t Date
As owner of the property involved in this request, f have read and understood the complete application and its consequences to me as a property
owner
r
i
Property Owner's Signature (required) Date
[To be competed by City St4
Date Received - - Zoning Permit Type Filing Fee y
OVER
C NDacuments and Seitinesklucas3~Desklop'Zcning Pefmh ApphcailonAoc
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Job Address: 56 THIRD ST Contractor: WOODSMAN, THE
ASHLAND OR 97520 Address:
C
A
P Owner's Name: BARBARA ALLEN 0 Phone: (541) 890-4290
P Customer 06944 N State Lie No:
P DAVID MCNEIL T City Lie No:
Applicant: R
Address: A
C C Sub-Contractor.
A Phone: (541) 890-4290 T Address:
N Applied: 08/23/2012 0
T Issued:
R
Expires: 02/1912013 Phone:
State Lie No:
Map[ot: 391 E09BD1200 City Lie No:
DESCRIPTION: Tree Removal permit
VALUATION
Occupancy Type Construction Units Rate Amt Actual Amt Conduction Description
Total for Valuation:
MECHANICAL
ELECTRICAL
STRUCTURAL
PERMIT FEE DETAIL
Fee Description Amount Fee Description Amount
Tree RemovailVeriflcation 27.00
CONDITIONS OF APPROVAL
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
CITY OF
Inspection Request Line: 541-552-2080 -AS H LA
N-4 D
i
I
I hereby certify the contents of this application to be correct to the
best of my knowledge, and furthermore, that I have read, Fee Summary Paid Amounts
understood and agreed to the following: Building: $ 0.00 $ 0.00
1. This permit shall remain valid only in accordance with code State Surcharge: $ 0.00 $ 0.00
or regulation provisions relating to time lapse and revocation Development Fees: $ 0.00 $ 0.00
(180 days).
2. Work shall not proceed past approved inspection stage. All Systems Development Charges: $ 0.00 $ 0.00
required inspections shall be called for 24 hours in advance. Utility Connection Fees: $ 0.00 $ 0.00
3. Any modifications in plans or work shall be reported in
advance to the department. Public Works Fees: $ 0.00 $ 0.00
4. Responsibility for complying with all applicable federal, slate, Planning Fees: $ 27.00 $ 0.00
or local laws, ordinances, or regulations rests solely with the
Sub-Total: $ 27.00
applicant. Fees Paid: $ 0
Applicant Date Total Amount Due: $ 27.00
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 tine: 541-552-2080 CITY OF
LA