HomeMy WebLinkAboutB_724_PA-2012-01099
CITY
SHLAND
September 20, 2012
Don Greene
724 B Street
Ashland OR 97520
RE: Planning Action #2012-01099
Notice of Final Decision
On September 20, 2012, the Staff Advisor for the Ashland Planning Division administratively approved
your request for the following:
PLANNING ACTION: 2012-01099
SUBJECT PROPERTY: 724 B Street
OWNER/APPLICANT: Don Greene
DESCRIPTION: A request for a Tree Removal permit to remove four diseased and dying trees located at
724 B Street. The applicant has proposed to mitigate two of the trees with street trees within the Sixth
Street right-of-way. COMPREHENSIVE PLAN DESIGNATION: Multi-Family Residential ZONING:
R-2
The Staff Adv'isor's decision becomes final and is effective on the 131' 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 specificityto 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.
P ~
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: 541388-5305
51 Winbum Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.ocus
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: PA-2012-01099
SUBJECT PROPERTY: 724 B Street
APPLICANT: Don Greene
DESCRIPTION: A request for a Tree Removal permit to remove four diseased and
dying trees located at 724 B Street. The applicant has proposed to mitigate two of the trees with
street trees within the Sixth Street right-of-way.
COMPREHENSIVE PLAN DESIGNATION: Multi-Family Residential ZONING: R-2
ASSESSOR'S MAP 39 lE 09AC TAX LOT 2100
SUBMITTAL DATE: July 29, 2012
DEEMED COMPLETE DATE: August 22, 2012
STAFF APPROVAL DATE: September 19, 2012
APPEAL DEADLINE: October 1, 2012
FINAL DECISION DATE: October 2, 2012
APPROVAL EXPIRATION DATE: October 2, 2013
DECISION
The subject property is located at southeast corner of the B and Sixth Street intersection. The
parcel is zoned R-2, and is within the Railroad Addition Historic District. The non-historic
duplex was built in 1980 and is minimally landscaped.
The application is to remove four trees on the subject property; an Apple tree adjacent to the
driveway; a Box Elder in the rear yard; and two Mountain Ashes along the Sixth Street side yard.
The Apple is severely decayed and lacks the internal heartwood of the tree. The arborist's report
states that the tree is supported by only the cambium layer of half the tree,, and is very likely to
fail across the adjoining driveway, potentially damaging property.
The Box Elder is located in the rear yard in between two concrete pads and the home's
foundation. The arborist's report states that the tree has sustained significant damage to the root
system from construction impacts and soil compaction, and is within 22 inches of the home's
roof line. Further research by the applicant states that Box Elders often have weals wood
structures and are susceptible to dropping branches, storm damage, and infestation. The arborist
warned that a storm event could push this tree towards the home and cause substantial damage to
the home. Both the Apple and Box Elder is recommended for removal by the arborist.
The southern Ash tree has a 10 to 15 percent lean towards Sixth Street and is entangled in the
power lines. The arborist recommends removal of the southern Ash before it becomes more of a
hazard due to its lean and proximity to the overhead utility lines. The northern Ash is also
encroaching into the power lines, and the arborist recommends a Class 1 pruning, which includes
removing all dead, dying, decayed, interfering, and obstructing limbs from the tree. Mountain
Ashes are relatively short lived and prefer damp, loose soils. The applicant's revised findings
state that the trees have been in place for over 30 years and rather than continuing to create a
PA #2012-01099
724 B SUNUP
Page 1
potential hazard to the overhead power lines and sidewalk, that removal at this time would
present an opportunity to plant healthy, more appropriate trees within Sixth Street right-of-way.
Additionally, the applicant noted that since they were already in the process of repairing a
portion of a sidewalk along Sixth Street, they were able to install irrigation lines into the park
row so that future street trees will be better maintained than previous ones.
The Tree Commission. did not have an opportunity to comment on this proposal. Staff received
two letters of concern regarding the property owner's history of maintaining the trees they have
on-site and the ability to maintain any future trees. While staff agrees that the trees on-site do not
appear to be well maintained well, the willingness of the applicant to mitigate removal with
Street trees iri the public right-of-way, and to take measures to properly irrigate them, is found by
staff to be a positive benefit to the neighborhood to mitigating the dying trees on the subject
property, and therefore met the minimum requirements of the tree removal permit.
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 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 StaffAdvisor may require the buildingfootprint 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
PA #2012-01099
724 B SUNUP
Page 2
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)
The application with the attached conditions complies with all applicable City ordinances.
Planning Action 2012-01099 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 2012-01099 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 mitigation shall be the installation of two street trees within the Sixth Street right-or-
way within 180 days of this approval. All street trees shall be chosen from the adopted
Street Tree List for use underneath overhead utility lines, and shall be installed in
accordance with the specifications noted in Section E of the Site Design and Use
Standards. The street trees shall be irrigated.
I~.I
aria Harris Date
Planning Manager
PA #2012-01099
724 B SUMP
Page 3
Easy' Peel® Labels i A I - I Bend along line to I ®5760
Use Avery® Template 51600 Feed Paper - expose Pop-up Edge'rm
PA-2012-01099 391E09AC 1800
ANDREAE SYPKO PA-2012-01099 391E09AB 3600 PA-2012-01099 391E09AB 3700
SHAFFERCAROLYN CAIN ROBERT ROY TRUSTEE ET AL COHEN MARKBOOKHEIMER SUSAN
234 SEVENTH ST 263 GRANITE ST 916 CAMINO COLIBRI
ASHLAND, OR 97520 ASHLAND, OR 97520 CALABASAS, CA 91302
PA-2012-01099 391E09AC 1801 PA-2012-01099 391E09AB 7000 PA-2012-01099 391E09AB 3200
DAGGETT JOHN MIS BARBARA DUNCAN JAMES T TRUSTEE ELLIS CATHERINE
2790 SW CAROLINA ST 692 B ST 743 B STREET
PORTLAND, OR 97239 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2012-01099 391E09AB 3100 PA-2012-01099 39IE09AC 2100 PA-2012-01099 391E09AC 2500
ELSASSER DENNIS D TRUSTEE ET AL GREENEWOOD HOMES LLC HELLER DAVID
P O BOX 1971 P O BOX 516 132 6TH ST _
PALM SPRINGS, CA 92263 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2012-01099 391E09AB 2900 PA-2012-01099 391E09AC 2400 PA-2012-01099 391E09AC 2000
HILL ADRIENNE J JOHNSON STEPHANIE L LANG PHILIP C TRUSTEE ET AL
667 WALNUT ST 329 GRANDVIEW 758 B ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2012-01099 391E09AC 1900 PA-2012-01099 391E09AC 2101 PA-2012-01099 391E09AC 2300
LAW ROBERT TRUSTEE ET AL LOOP KAREN M MARRS KATHLEEN ANN
762 B ST 164 SIXTH ST 150 SIXTH ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2012-01099 39IE09AC 3100 PA-2012-01099 391E09AB 7100 PA-2012-01099 391E09AB 3500
NELSON-BUDD DONA ET AL ORE SHAKESPEARE FEST ASSOC PEARSON EDWIN E TRUSTEE ET AL
2707 CONNELL AVE P O BOX 158 P O BOX 1136
MEDFORD, OR 97501 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2012-01099 391E09AC 3300 PA-2012-01099 391E09AC 1600 PA-2012-01099 391E09AC 2200
RENWICK ALLISON LOUISE ROOKLYN DALE THOMAS TRUSTEE STEWART KAREN ET AL
157 6TH ST ET AL 156 6TH ST
ASHLAND, OR 97520 137 SEVENTH ST ASHLAND, OR 97520
ASHLAND. OR 97520
PA-2012-01099 391E09AB 3400 PA-2012-01099 391E09AC 3200 PA-2012-01099 391E09AC 1700
STILES GLENNA SUE STONE GLORIA I STRINGER MORRIS L ET AL
725 B ST 153 SIXTH ST 620 FERNWOOD DR
ASHLAND, OR 97520 ASHLAND, OR 97520 MEDFORD, OR 97504
PA-2012-01099 25
Advanced Tree Service & Landscaping
Will Danielson 724 B St
950 N 5' St 9-20-12 NOD
Jacksonville OR 97530
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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 September 20, 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 #2012-01099, 724 B St.
Signature of Employee
G:lcomm-devlolanninglTemplates\TEMPLATE_A davit of MAng_Planning Xdon Nofice.dot 9/2012012
From: Niki Newkirk <nnewkirk@ charter.net>
Subject: Arborist Report
Date: September 5, 2012 3:39:50 PM PDT
To: michael.pina@ashland.or.us,i
i
01 1 Attachment, 30.5 KB
Dear Michael,
Attached is the Arborist's Report.
We still would request that both of the Mountain As
h be removed, as the age and proximity to the overhead power
lines create a hazard, with additional liability. We feel an appropriate tree in an appropriate and adequate spot
would result in a improved tree canopy. As we stated in our proposal, we would replace these trees in the
parkway, according to code. i
Sincerely,
Niki Newkirk and Don Greene
i
Dan Green R....pdf ( D.S KB
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Advanced Tree Service
& Landscaping
950 N 51' Street
Jacksonville, OR 97530
Tel. 541- 899- 0666 or 541- 621- 9460
LCB Lic# 8245
CCB Lic# 172906
Don Green September 5, 2012
PO Box 516
Ashland, OR 97520
RE: Arborists Report - 724 B St. Ashland, OR 97520
Dear Mr. Green:
The following was prepared by Ed Delong, B.A., M.A., of my staff. He is an
ISA Certified Arborist Number RM-7455A. His report on the trees in question is
as follows:
Tree #1: Apple tree next to the driveway. This tree is very likely to fail. The
heartwood inside the trunk has completely decayed as well as one entire side of
the trunk. Only the cambium layer of half of the trunk supports the entire tree.
The fact that the tree remains upright is remarkable. The results of failure would
most likely be for the tree to fall across the driveway, potentially damaging the
residents vehicle, or persons who might be there at that time. My
recommendation is immediate removal of the tree.
Tree #2: Oregon Ash on the corner of B Street. This tree is encroaching
into the utility lines. Wind blowing and moving the branches will result in damage
to the lines. A storm event could result in significant damage to utilities. My
recommendation for this tree would be a Class 1 pruning to achieve line
clearance and improve structure of the tree. Class 1 pruningconsists of removal
of dead, dying, diseased, decayed, interfering, objectionable, obstructing and
weak branches.
Tree #3: Oregon Ash near the backyard. This tree as a 10-15% lean
towards the street. In addition, this tree is enmeshed in utility lines. The results of
failure for this Ash tree could be significant if there are cars parked on the street. j
If this tree fails, neighborhood utilities could be significantly impacted. My
recommendation is to remove this tree as a pre-emptive act to lessen risk. j
Tree #4: Box Elder in the backyard between the two concrete pads. This
tree has sustained significant damage to the root system from construction and ~
soil compaction. It is remarkable that this tree continues to live given it proximity
to the house and patio. The trunk of the tree is within 22 inches of the roof lime.
This box elder has been pruned recently but the risk has not been eliminated.
A Division of Advanced Landscape Group, LLC.
Don Green
Sept. 5, 2012
Page 2
Anchor roots has been damaged and a storm event could push this tree towards
the home causing substantial damage and risk to the residents. My
recommendation for this tree is removal.
The above are Mr. Delong's recommendations. If you have any questions please
feel free to contact us.
Respectfully submitted:
ADVANCED TREE SERVICE
AND LANDSCAPING
WILL DANIELSON,
MANAGING MEMBER
WDD/rs
Encl: None
CC: file.
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A Division of Advanced Landscape Group, LLC.
ADDITIONAL FINDINGS FOR TREE REMOVAL PERMIT
7241728 B STREET, ASHLAND
The following Photographs will enable you to see the condition of the trees we have
proposed to be removed at 724 &728 B Street.
APPLE two feet from the driveway of 728 B Street.
This apple tree is missing three quarters of its trunl< and most of the limbs are hollow. It
is obvious, as evidenced 6y the photograph below, that it is a hazardous tree and we
have concerns that should it be permitted to stay on the property 6y the tree
commission, a perilous and unsafe condition will be allowed to persist.
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MOUNTAIN ASH alongside 724 B Street, entangled into the overhead wires
As you can see from the Photographs below, these trees are entwined into the
overhead wires. One of the trees is leaningtoward the sidewalk. As stated by our
neigh6ors...the5e are not "kappy trees". They are in the condition they are in due to
age and disease. They are tired and old trees and instead of continuingto create a
hazard to the wires and the sidewalk, we believe that the tree commission would agree to
mitigate the liability of such a dangerous situation 6y planning appropriate street trees
in the parkway. After repairing a badly cracked sidewalk parallel to 6th Street, we were
able to install a pipe to the parkway in order to water the tress we will plant there. We
plan on landscapingthe side of the buildingwith shrubs and flowers.
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Box Elder behind the duplex four and one--half feet from the building.
This volunteer tree has grown too close to the building to 6e safe. There are many other
volunteer trees that have settled in the rear yards of this duplex and they are
encouraged to continue growing in a space more appropriate.
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The following are some expert descriptions of Box Elders as found on the Internet.
Steve Nix/forestr~ on A6out.com wrote:
"Boxelder. also known as ash-leaved maple is one of the most common and adaptable
I
urban trees in North America - it also may be the trashiest. I include this tree in my 10.
worst trees to plant in your yard and planting it next to the house is probably not a good
idea. "
When further investigating his lO worst trees, the top of the list is the Box Elder. He
states:
i
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Why You Should Not Plant Silver Maple or Boxelder!:
Silver maple has fallen into disfavor because of broken limbs, a lack of ornamental beauty and an aggressive root
system that clogs drains and buckles sidewalks.
Both silver maple and boxelder are considered true maples. However their wood is one of the weakest of the species
and subject to storm damage. These trees are short lived and have drooping branches that require pruning and high
maintenance. They are highly susceptible to mites, aphids and scale.
Sox Elders are fast growing trees, which make them brittle and 5u6Ject to wind'damage.
This tree overhangs the roof and is 6etween the patios of this duplex. U4 fall is a
danger to the residents and the 6uilding.
Box Elder roots are shallow and spreading. You can see evidence of this from the
following photograph, along with the foundation crack that follows the root direction.
The cement slab that the building rests on has been cracked and should this tree stand
any longer, the damage to the building would be irreparable.
This tree has already damaged my building and is a clear danger to my tenants and
needs to be removed as soon as possible.
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DON GREENS P.0.15OX516 ASHLAND, OREGON 5411482--5904
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UtahState Un iversity
COOPERATIVE EXTENSION
Mountain-ash, American
Sorbus americana
General Leaves: Green and shiny on upper
Family: Rosaceae - Rose surface, paler underneath; fall color
Cultivar Availability: No yellow, orange-red, or reddish
Hardiness Zone: 3 - 6 purple; hairless; alternate; pinnately
Tree Type: Broadleaf compound, large (6" to 12" in
Utah Native: No length); 7 to 19 leaflets, 1-1/2" to 4"
Growth in length, thin, lance-shaped,
Growth Rate: Medium oblong-oval, tapering to a point,
Mature Height: Medium sharply toothed nearly to the base,
Longevity: Medium deciduous; stalks often remain
OK Under No after leaflets have fallen; deciduous.
Powerlines:
Crown Shape: Oval Twigs/buds: Twigs red-brown and
Ornamental hairy early on, become darker
Flowers: Yes brown and hairless over time; stout,
Fruit: No slow growing; with large pith, leaf
Foliage: No scars, and lenticels. Buds dark red,
Fall Color: No sticky, scales nearly hairless,
Bark: No pointed; terminal buds dark
Tolerances brownish or gray brown, large (1/4"
Shade: Low to 3/4" in length).
Salt: Medium Flowers/fruit: Flowers perfect;
Drought: Low white, 5-petaled with petals
Poor Drainage: Low broadest towards tip; very small,
Alkalinity: Medium clustered; clusters (cymes) flattened
Page 1 of 4
Transplanting: Medium and dense; stalks hairless;
occurring in mid-to-late spring,
after leaves; somewhat similar to
elderberry's flowers. Fruit a
berrylike pome, bright shiny
orange-red, almost ball-like, 1/4"
to 1/2" in diameter, in flat-topped
clusters, flesh thin, ripe in August,
persisting into winter; seeds brown,
1/8" long, egg-shaped, 1-2 in
number per cell.
Bark: Light gray to gray, thin;
smooth with prominent horizontal
lenticels when young; rough and
scaly with age, often broken at
base; inner bark fragrant.
Wood: Unimportant; heartwood
pale brown, sapwood light-colored;
wood weak, soft, light;
close-grained, diffuse-porous.
General: A northeastern U.S. native
similar to European mountain-ash
(S. aucuparia). Naturally occurring
in forest edges near moist sites like
swamps, disturbed areas, on rocky
outcrops, and on dry soils. A shrub
or small tree, 10' to 30' in height,
slow growing, and upright. Crown
is round-topped, open, somewhat
sparse and narrow. Branches are
spreading and slender. Relatively
short lived. Shade intolerant.
Landscape Use: Less available than
European mountain-ash (S.
aucuparia), but could be planted in
Utah. Buds are sticky and nearly
hairless; and leaflets are longer. The
flat-topped fruit clusters of
Page 2 of 4
Zimbra Page 1 of 1
j r pinam@ashland.or.ui
+ Font Size -
removal
724 B Street Tree From : Michael Pina <michael.pina@ashland.or.us> Fri, Aug 31, 2012 12:26 PM
Subject : 724 B Street Tree removal X41 attachment
To : greenewood@charter.net
Reply To : michael pina <michael.pina@ashland. or.us>
Mr. and Mrs. Greene,
In regards to your tree removal request at 724 B Street, Planning Action 2012-01099, we have received two letters from 4 neighbors (see
attached) raising concerns regarding the health and care of the trees, and whether your submitted materials warrants removal in
accordance with 18.61.080.
Since you have indicated that the Box Elders and Ashes are hazards, AMC 18.61.080.A states that "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 be reasonably alleviated by treatment or pruning". And since staff is not able to make this
determination, we ask that you provide an arborist report, as initially requested by staff, as soon as possible so that your removal request
is not further delayed.
The comment period for this action ends September 5th, so you have approximately one week before staff has to make a decision on
your removal request. Thank you in advance for your attention to this matter.
Michael Pina, Assistant Planner
City of Ashland, Planning Division
20 East Main St., Ashland Oregon 97520
michael.pina@ashland.or.us
Desk = 541.552.2052 : Fax = 541.488-6006 : TTY = 800.235.2900
This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records law for disclosure and
retention. If you have received this message in error, please contact me at 541.552.2052. Thank you.
20120830141607019. pdf
p`r 496 KB
https://zimbra.ashland.or.us/zimbra/h/printmessage?id=20946 8/31/2012
To: City of Ashland, Planning Department
Re: Planning Action 2012-01099 Request for Tree Removal Permit to remove four trees
at 724 B Street
Date: August 28, 2012
From: James Duncan, Elaine Plaisance, and Allison Renwick, neighbors of the subject
property who would be directly and negatively affected by removal of three of these four
trees. Comments on proposed tree removal at the corner of B Street and Sixth Street.
We object to the removal of any of the trees.
1. The apple (quince?) tree near the northeast corner (by the driveway) of the building is in poor
condition but the tenant harvests fruit from it and cherishes it and does not want it removed.
Regarding the three other trees, which are all the same kind and appear to be a low quality horticultural
selection of an eastern ash tree, we object to their removal.
2. They were planted presumably in the 1980s, and we have watched them grow now for more than
20 years. They are not great trees. They are slow to leaf out in the spring, and their leaf cover is
always thin; but at least they grow and provide some shade for the building. We see no evidence
that they are diseased and dying as the proposal states. They are simply not very happy trees.
3. These trees have never, or at least hardly ever, been cared for. They have been allowed to grow
randomly without pruning. At least the two trees on the west side of the building never get water
except from natural rainfall.
4. Now the owner of the property wants to remove these trees instead of care for them. He proposes
to plant two new (small, young) trees to replace the two trees on the west side of the building. It
will be years before they will be able to shade the building even as well as the present trees do,
and we have no evidence that new trees will be cared for any better than the existing trees.
We urge the Planning Department to deny the owner's request to remove these four trees.
5. We agree that at least two new trees should be planted on the strip of land between the sidewalk
and the curb at the west side of the house. But that does not require the removal of any existing
trees. Plant new, better selected, trees, but leave the existing ash trees alone except for some
needed pruning care.
6. We also urge that an automatic watering system be installed to care for any new trees that are
planted.
James Duncan Elaine Plaisance Allison Renwick
692 B Street 692 B Street 1576 th Street
PHILIP C LANG, ACK LCMW j 012f. LCM041 ® CAI). LUA -5500
758 D 8tceet A81dand, Oregon 97520
Tie,sideticc 541 482-8659
Office/Fax 541 482-5387
e-mail: 011ilip a iiund.net
August 25, 2012
To: Planning Dept.
Re-.': Planning Action 2012-01099
To Whom It May Concern:
I own the adjacent property at 758-B Street. One of the trees to be removed
is immediately adjacent to my property.
I protest the removal of these trees.
There is absolutely nothing "diseased" about them,l They have simply been
uncared for and principally deprived of water, according to Sandy Olken, my,
gardener.
The statement that "the applicant has proposed to mitigate two of the trees
with street trees within the sixth street right of way," is false.
A 50' frontage 6n.the street requires two street trees. There already is
one. Thus this is not a "mitigation" at all.
There is no reason to expect that the current occupant of'the rental property.
who has been there for as long as I have owned my property (at least), will
take any better care of the new trees, which are more vulnerable and need of
care than old ones.
Tell the owner to care for the trees and hire a ;;gar.dener,to care for them,
if necessary.
Sin oel,
PH IP i
cc: Don Greene C/O Greenwood Homes
Planning Department, 51 Winburi, ay, Ashland, Oregon 97520 CITY
541-488-5305 Fax: 541-552-2050 www.ashland,orms TTY: 1-800-735-2900 AZ,
NOTICE OF APPLICATION
PLANNING ACTION: 2012.01099
SUBJECT PROPERTY: 724 Street
OWN E RIAPPLI CANT: Don Greene
DESCRIPTION: A request for a Tree Removal permit to remove four diseased and dying trees located at 724 B
Street. The applicant has proposed to mitigate two of the trees with street trees within the Sixth Street right-of-way.
COMPREHENSIVE PLAN DESIGNATION: Multi-Family Residential ZONING: R-2
NOTICE OF COMPLETE APPLICATION: August 22, 2012
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: September 5, 2012
725
~ l
/33 743
SUBJECT PROPERTY:
724 - 728 B St. '83
39 1 E 09AC 2100
% 691
V
r - f
f
b
758
/ 782
J 774
i
164
/P
j
Property lines are for reference only, not -leable
O 10 20 40 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 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 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.
Wcomm-dev\planning\Planning Actions\Noticing FolderWailed Notices & Signs\2012\2012-01099.docx
TREE REMOVAL
18.61,080 Criteria for Issuance of Tree Remo4 Aaff 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)
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G:\comm-dev\planning\Planning Actions\Noticing Folder-Waited Notices & Signs\2012\2012-01099.docx
PA-2012-01099 391E09AC 1800
ANDREAE SYPKO PA-2012-01099 391E09AB 3600 PA-2012-01099 391E09AB 3700
SHAFFERCAROLYN CAIN ROBERT ROY TRUSTEE ET AL COHEN MARK/BOOKHEIMER SUSAN
234 SEVENTH ST 263 GRANITE ST 916 CAMINO COLIBRI
ASHLAND, OR 97520 ASHLAND, OR 97520 CALABASAS, CA 91302
PA-2012-01099 391E09AC 1801 PA-2012-01099 391E09AB 7000 PA-2012-01099 391E09AB 3200
DAGGETT JOHN M/S BARBARA DUNCAN JAMES T TRUSTEE ELLIS CATHERINE
2790 SW CAROLINA ST 692 B ST 743 B STREET
PORTLAND, OR 97239 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2012-01099 391E09AB 3100 PA-2012-01099 391E09AC 2100 PA-2012-01099 391E09AC 2500
ELSASSER DENNIS D TRUSTEE ET AL GREENEWOOD HOMES LLC HELLER DAVID
P O BOX 1971 P O BOX 516 132 6TH ST
PALM SPRINGS, CA 92263 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2012-01099 391E09AB 2900 PA-2012-01099 391E09AC 2400 PA-2012-01099 391E09AC 2000
HILL ADRIENNE J JOHNSON STEPHANIE L LANG PHILIP C TRUSTEE ET AL
667 WALNUT ST 329 GRANDVIEW 758 B ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2012-01099 391E09AC 1900 PA-2012-01099 391E09AC 2101 PA-2012-01099 391E09AC 2300
LAW ROBERT TRUSTEE ET AL LOOP KAREN M MORRS KATHLEEN ANN
762 B ST 164 SIXTH ST 1.50 SIXTH ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2012-01099 391E09AC 3100 PA-2012-01099 391E09AB 7100 PA-2012-01099 391E09AB 3500
NELSON-BUDD DONA ET AL ORE SHAKESPEARE FEST ASSOC PEARSON EDWIN E TRUSTEE ET AL
2707 CONNELL AVE P O BOX 158 P O BOX 1136
MEDFORD, OR 97501 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2012-01099 391E09AC 3300 PA-2012-01099 391E09AC 1600 PA-2012-01099 391E09AC 2200
RENWICK ALLISON LOUISE ROOKLYN DALE THOMAS TRUSTEE STEWART KAREN ET AL
157 6TH ST ET AL 156 6TH ST
ASHLAND, OR 97520 137 SEVENTH ST ASHLAND, OR 97520
ASHLAND. OR 97520
PA-2012-01099 391E09AB 3400 PA-2012-01099 391E09AC 3200 PA-2012-01099 391E09AC 1700
STILES GLENNA SUE STONE GLORIA I STRINGER MORRIS L ET AL
725 B ST 153 SIXTH ST 620 FERNWOOD DR
ASHLAND, OR 97520 ASHLAND, OR 97520 MEDFORD, OR 97504
II
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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 22, 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 #2012-01099, 724 B Street.
i
SignatUre of Employee
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FINDINGS FOR TREE REMOVAL PERMIT
7241728 B STREET, ASHLAND
SECTION 18.61.050
6... removal will tape place within 1 month of issuance of a Permit.
c... The 11" Box Elder is 4.5 feet from the house. Limbs overhang and touch the
roof. This tree's roots are destructive to the buildings. The existing
structure is on a slab and if left, this tree will damage the foundation.
There are 2 Mountain Ash in the side yard. They are 40 years old and very
diseased, as well as hanging over the utility lines and sidewalks.
The trunk of the 18" Apple tree is more than 1/2 way gone (rotted) and is in
danger of falling.
e... The 3 trees are marked with an orange ri66on.
f... One Cedar i515 feet from the Box Elder and to insure the protection of the
Cedar we will use a lift in order to remove the Elder in small pieces.
SECTION 18.61.080
I
a... Hazard Tree.... The Box Elder will damage the existing structure if left.
The 2 Mountain Ash are diseased and hang over the
utilities.
SECTION 18.61.084
a... Replanting.... I Plan to replace the 2 Mountain Ash with appropriate Street
Trees, a minimum of 11/2 caliper in the Parkway along
6th Street after November 1, 2012.
The rearyard is too small to add any trees, so the box Elder
will not 6e replaced. I am in the process of
reestabiishingthe rearyards, which had become
overgrown with shrubs and small volunteer trees.
The Apple tree will not be replaced, as there is insufficient
space for a new tree, due to the existing structure and
existing trees
DON GREENE P.O.15OX516 ASHLAND, OREGON 5411482-5904
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{ Planning Division ZONING MIT APPLICATION
51 Winburn Way, Ashland OR 97520 FILE
CITY OF
ASH LAND 541-488-5305 Fax 541-488-6006
DESCRIPTION OF PROJECT
DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? ❑ YES ❑ NO
Street Address _T2_A F--) 6REE S AS"( A7, U
Assessor's Map No. 39 1E. A b Tax Lot(s) 2-I QO
Zoning K '2- Comp Plan Designation MUI,11 FAM I t-Y
APPLICANT
Name ONJ ft-&e4-S F Phone 5/V~ 462, ` 10 4 -E-Mail A1(P,(',ne yyoc_,A
Address P' bt)~ City S t-1 to D Zip Tiip Ti ,~rl°
52t"
PROPERTY OWNER
Name A/A Phone E-Mail
Address City Zip
SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER
Title NIA Name Phone E-Mail
Address City Zip
Title Name Phone E-Mail
Address City Zip
1 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. I understand that all property 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. 1 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;
that the findings of fact furnished justifies the granting of the request;
that the findings off, ct furnished by me are adequate; and further
4 that all s uctures o improvements are properly located on the ground.
Failure I this rega will r 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 rem at m xpen . If ave any do s, I arp-advised to seek competent professional advice and assistance.
~ry Z r2 -
App ickfs Signatur Date
As ow er of prope v Ived in this request, I have read and understood the complete application and its consequences to me as a property
owner.
~-Zq -2_.012.-
Prop Owner u (required) Date
fro be completed by City Staff]
Date Received Zoning Permit Type Filing Fee $ f
OVER 0
i
C:\Documents and Settings\lucasarDesktop2oninp Permit Application.doc
Job Address: 724 B ST Contractor:
ASHLAND OR 97520 Address:
C
P Owner's Name: GREENE DON L/NIKKI NEWKIRK O Phone:
P Customer 06912 N State Lie No:
~ T City Lie No:
L GREENE DON L/NIKKI NEWKIRK
Applicant: PO BOX 516 R
Address: ASHLAND OR 97520 A
C C Sub-Contractor:
A Phone: T Address:
N Applied: 07/30/2012 0
T Issued:
Expires: 01/26/2013 Phone:
State Lie No:
Maplot: 391 E09AC2100 City Lie No:
DESCRIPTION: Tree Removal permit
VALUATION
Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description
Total for Valuation:
MECHANICAL
ELECTRICAL
STRUCTURAL
I
PERMIT FEE DETAIL
Fee Description Amount Fee Description Amount
Tree Removal/Verification 27.00
CONDITIONS OF APPROVAL
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
I
Inspection Request Line: 541-552-2080 T F ASHLAND