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Home My WebLink AboutAlida_180_PA-2012-01386 i CITY F November 1, 2012 Donald & Rebecca Malm 181 Morse St Ashland OR 97520 RE: Planning Action #2012-01386 Notice of Final Decision On October 31, 2012, the Staff Advisor for the Ashland Planning Division administratively approved your request for the following: PLANNING ACTION: PA-2012-01386 SUBJECT PROPERTY: 180 Alida Street APPLICANT: Donald and Rebecca Malm DESCRIPTION: A request for a Tree Removal permit to remove a hazardous approximately 35-inch in diameter at breast height black walnut tree located at 180 Alida Street. The tree was evaluated by two ISA certified Arborists and both determined the tree is in a state of decline and could pose a hazard to the structure. COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP 39 lE 09DA; TAX LOT 2000 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 LU 3A 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 Winbum Way. Copies of file documents can be requested and are charged based on the City of Ashland copy fee schedule. ff 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: Heath Belden Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305 51 Winbum Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 / R\ www.ashland.or.us-%!_ . ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING. ACTION: PA-2012=01386 SUBJECT PROPERTY: 180 Alida Street APPLICANT: Donald and Rebecca Mahn DESCRIPTION:. A request for a- Tree Removalpermit to remove a hazardous approximately 35-inch in diameter at breast height black~walnut tree located at 180 Alida Street. The tree was evaluated by two ISA certified Arborists and both determined the tree is in a state of decline and could pose a hazard to the structure. COMPREHENSIVE PLAN DESIGNATION: Low ,Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP 39 lE 09DA; TAX LOT 2000 I SUBMITTAL DATE: October 1, 2012 DEEMED COMPLETE DATE: October 12, 2012 STAFF APPROVAL DATE: October 31, 2012 FINAL DECISION DATE: November 12, 2012 APPROVAL EXPIRATION DATE: November 13, 2013 DECISION The subject property is located at 180 Alida Street and is zoned R-2, Low Density Multi-Family. There are two units on the property, one facing Alida and the other oriented on the opposite side of the parcel facing Morse Street. The property received approval for the second dwelling unit in 2000 and received Site Review and Conditional Use Permit approval to exceed the Maximum Permitted Floor Area (MPFA) in the historic district in 2011 (PA2011-01755). All site improvements have occurred on the Morse Street side of the property. i There is a 1927 built, 1,420 square foot single story residence fronting on Alida Street. There is a large, 35-inch DBH Black Walnut tree just behind the sidewalk in front of the residence. The tree is approximately 75% dead. The bark on the side of the tree is peeling and there are large cavities in the higher branches. There are two large, live branches overhanging the Alida Street right-of- way. These two large branches carry a portion of the weight of the tree without the stability of a live trunk. The Walnut tree is in a serious state of decline. The applicant has proposed to retain the stump at 3 1/Z to utilize the trunk in the future construction of a front yard fence. The applicant has proposed to mitigate the tree removal on-site, by planting a larger size deciduous tree in the park row between the sidewalk and the street. The criteria for Tree Removal Permit Approval are described in AMC Chapter 18.61.080, as follows: A. Hazard Tree: The StaffAdvisor shall issue a tree removal permit for a hazard tree if the applicant demonstrates that a tree is a hazard and warrants removal. PA #2012-013.86 180 Alida St./adg Page 1 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 ofproperty 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 2012-01386 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 2012-01386 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 mitigation deciduous tree which will achieve similar size and stature at maturity shall be planted on site. The selected tree shall be required to be eight feet tall and a minimum of two caliper inches. The mitigation tree shall be planted within 180-day of val. As'appro 1 105' Director ate of Community Development I i 1 PA #2012-01386 180 Alida St./adg Page 2 , PA-2012-01386 391 E09DA 2200 PA-2012-01386 391 E09DA 1800 PA-2012-01386 391 E09DA 2800 BUCKLEY MICHAEL J COLLINS COURT LLC DARE DORIS TRUSTEE 823 SISKIYOU BLVD 615 FAITH AVE 1652 PEACHEY RD ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND CA 97520 PA-2012-01386 391 E09DA 2100 PA-2012-01386 391 E09DA 2300 PA-2012-01386 391 E09DA 3100 FEAGIN WILLIAM H TRUSTEE ET HUGHES JAMES B HYLAND ALMA A AL 2305 ASHLAND ST C 155 ALIDA ST 188 ALIDA ST ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2012-01386 391 E09DA 3000 PA-2012-01386 391 E09DA 2500 PA-2012-01386 391 E09DA 2700 KARNITZ ERIKA A KIRKWOOD SALLY TRUSTEE MACFARLANE HELEN L 159 ALIDA ST FBO 765 SISKIYOU BLVD ASHLAND OR 97520 2771 N 159TH DR ASHLAND OR 97520 GOODYEAR AZ 85395 PA-2012-01386 391 E09DA 2000 PA-2012-01386 391 E09DA 2600 PA-2012-01386 391 E09DA 1900 MALM DONALD G/REBECCA M OPRAWSKI GRAZYNA M ET AL OSTOVAR IRAJ 1 1019 CANYON PARK DR PO BOX 305 ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2012-01386 391 E09DA 2900 PA-2012-01386 391 E09DA 1600 PA-2012-01386 391 E09D'A 1700 PEREL ALEX POTOCKI STAN WHITSON WALLACE G 724 COVINGTON RD PO BOX 217 JR/CHERYL j LOS ALTOS CA 94024 ASHLAND OR 97520 148 ALIDA ST ASHLAND OR 97520 PA-2012-01386 391 E09DA 2400 ZUNDEL ROBERT J/LAURA H 16 877 WINDEMAR DR 1`0--l-2-42- e/ -1 Z ASHLAND OR 97520 180 Alicia NO Pa-2012-01386 Heath Belden 180 Alida St Ashland, OR 97520-2158 I 1 i j s Planning Department, 51 Win,,,,, l Way, Ashland, Oregon 97520 I F 541-488-5305 Fax:541-552-2050 www.ashland.or.us TTY:1-800-735-2900 ASHLAND NOTICE OF APPLICATION PLANNING ACTION: PL-2012.01386 SUBJECT PROPERTY: 180 Alida Street APPLICANT: Donald and Rebecca Maim DESCRIPTION: A request for a Tree Removal permit to remove a hazardous, approximately 35-inch in diameter at breast height, black walnut tree, located at 180 Alida Street. The tree was evaluated by two ISA certified Arborists and both determined the tree is in a state of decline and could pose a hazard to the structure. COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP 391E 09DA; TAX LOT 2000 NOTICE OF COMPLETE APPLICATION: October 12, 2012 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: October 26, 2012 SUBJECT PROPERTY _ I 180ALIDASTREET 09DA2000 - F t I t L- I I J~ L 1-_-. _ - l i ~ - N 0102 40 Feet .°raum[y imta n.sJtrrekrcnte oniy, net xcntenbtc The Ashland Planning Division Staff has received a complete application for the property noted above. t 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. G\comm-dcv\plaoning\Planning ActionANoticing PolderWailed Notices & Signs\2012\2012-01386.docx TREE REMOVAL 18.61,080 Criteria for Issuance of Tree Removal` aff 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) E i i i i i I I GAcomm-de0planningTIanning Actions\Noticing FolderWlailed Notices & Signs\2012\2012-01386.docx ~ y Y'~r.~~tl~r, I~~cXTIXnTII ,r 450 - I WFORMATION TECHNOLOGY Map Maker 400 620 Application 400 Property Data Online Legend Highlighted Feature trteBufior LINOC ST theBufferTarget Tax Lot Outlines ! now Tax Lot Numbers a '400 G.v Lr. J J L t 3L'~11 _ i 2s I ~:Nvh i 8-:b;.3 " I i 'AH A Lt ` '-1; it' r 21 7 I i igloo i NA sT I a ~ 4300 _g go 0 w t SON ACS 440 COUNTY -570 ore oit This map is based on a digital database ' ! e compiled by Jackson County From a variety 4500 of sources. Jackson County cannot accept I ® ~I , responsibly, for errors, omissions, or It a positional accuracy. There are no alo n 1~ ] warranties, expressed or implied. Please recycle with colored office grade paper Created with MapMaker Map created on 10/11/2012 1132:49 AM using web.jacksoncounly.org AFFIDAVIT OF MAILING STATE OF OREGON ) County of Jackson ) The undersigned being first duly sworn states that: I 1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On October 12, 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 i 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 #2012-01386, 180 Alida St. c Signature of Employee I i i G:Icomm-devVIanninglTemplateslTEMPLATE_Afidavit of Mailing-Planning Action No6ce.dot 10112/2012 I PA-2012-01386 391 E09DA 2200 PA-2012-01386 391 E09DA 1800 PA-2012-01386 391 E09DA 2800 BUCKLEY MICHAEL J COLLINS COURT LLC DARE DORIS TRUSTEE 823 SISKIYOU BLVD 615 FAITH AVE 1652 PEACHEY RD ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND CA 97520 PA-2012-01386 391 E09DA 2100 PA-2012-01386 391 E09DA 2300 PA-2012-01386 391 E09DA 3100 FEAGIN WILLIAM H TRUSTEE ET HUGHES JAMES B HYLAND ALMA A AL 2305 ASHLAND ST C 155 ALIDA ST 188 ALIDA ST ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2012-01386 391 E09DA 3000 PA-2012-01386 391 E09DA 2500 PA-2012-01386 391 E09DA 2700 KARNITZ ERIKA A KIRKWOOD SALLY TRUSTEE MACFARLANE HELEN L 159 ALIDA ST FBO 765 SISKIYOU BLVD ASHLAND OR 97520 2771 N 159TH DR ASHLAND OR 97520 GOODYEAR AZ 85395 PA-2012-01386 391 E09DA 2000 PA-2012-01386 391 E09DA 2600 PA-2012-01386 391 E09DA 1900 MALM DONALD G/REBECCA M OPRAWSKI GRAZYNA M ET AL OSTOVAR [RAJ 4 180 ALIDA ST 1019 CANYON PARK DR PO BOX 305 ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 I PA-2012-01386 391 E09DA 2900 PA-2012-01386 391 E09DA 1600 PA-2012-01386 391 E09DA 1700 PEREL ALEX POTOCKI STAN WHITSON WALLACE G 724 COVINGTON RD PO BOX 217 JR/CHERYL LOS ALTOS CA 94024 ASHLAND OR 97520 148 ALIDA ST ASHLAND OR 97520 PA-2012-01386 391 E09DA 2400 ZUNDEL ROBERT J/LAURA H 16 877 WINDEMAR DR 10-12-12 ASHLAND OR 97520 180 Alicia NOC I I I I I i i i i HAZARD TREE REMOVAL APPLICATION, 180 Alida St. UL11 Section 18.61.050 (A) a. Scale plan attached. b. Anticipated date of removal is late October / early November 2012. c. Statement of Reason. On the advice of two arborists, we believe the tree proposed for removal is a hazard tree and it is likely to fall into Alida St. if left unaddressed. The black walnut tree in question has suffered cuts to two major branches prior our purchase of the property. 75% of the remaining trunk is dead wood. Over the course of this summer we have seen significant and rapid decline in the tree. The two remaining live branches overhang the sidewalk and Alida Street and we think there may not be enough leverage to keep them from falling unexpectedly. For safety reasons, we want to remove the entire tree down to a stump 3'6" tall that will be incorporated into a fence design for the front yard. d. Proposed replacement tree. We will plant a'Raywood' Narrowleaf Ash (or similar) in the park row. The park row is 12' wide, and the mature tree will be comparable in height and canopy width to other trees in the park row between our address and Siskiyou Boulevard. e. Identification of tree proposed for removal. I I The Black Walnut is the only one on our property and is instantly recognizable. We have tied a white cloth around the trunk of the tree at head height. A photo is attached. f. Tree protection plan. The trunk of the tree designated for removal is about 25' from the trunk of the nearest tree, and while there is some slight intermingling of the upper canopies of our black walnut and our neighbor's maple, standard caution j on the part of the arborist removing the tree should be all that is required. The arborist is Bartlett Tree Service, licensed, bonded, insured, and certified, CCB #114906. We are leaving a high stump and not damaging the root system in any way. ~ ~ ~ ~~1 F~~ ~ - "k 4 i _ C~~~~'~~ ~ i Q ~~•t r 6 ~ ~ ~ ~ I ~ 1 ~ C . ~ f= _ 1 ~ % u _ j j ~ ~ `9 ~ ~ k i a ~ ~ r ~ a t t~ f r; I~ r i ~ ~ ` i I i i ~ ~ i ~ ~ ~ - _~-__.-3 ~ a 1 / ` Q ~ i r_,~~ P`~, ~ < ~ w ~ _ ~ ~ ~ _ - - ~ i €~I F r i i `,~d 1 ` j I y J ~ i h ~ - I ~ I ~ ~ ~ ~ ZONING PERMIT APPLICATION l Planning Division 51 Winbum Way, Ashland OR 97520 FILE C I T Y o F 541-488-5305 Fax 541-488-6006 ASHLAND DESCRIPTION OF PROJECT DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? ❑ YES ® NO Street Address Assessor's Map No. 39 1 E Tax Lot(s) Zoning Comp Plan Designation APPLICANT Name Phone E-Mail Address t , City Zip PROPERTY OWNER Name Phone I a E-Mail 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. I understand that ail 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 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, l have read and understood the complete application and its consequences to me as a property owner. F U Property Owner's Signature (required) Date i [To be completed by City Stall[ Date Received Zoning Permit Type Filing Fee $ OVER 0 i C:\Documents and Settinus\lucasa\Desktop~Zonintt Petnit Application.doc j Job Address: 180 ALIDA ST Contractor: ASHLAND OR 97520 Address: P Owner's Name: DONALD & REBECCA MALM O Phone: P Customer 06596 N State Lic No: L T City Lic No: L DONALD & REBECCA MALM Applicant: 180 ALIDA ST R Address: ASHLAND OR 97520 A C C Sub-Contractor: A Phone: (541) 708-5393 T Address: N Applied: 10/01/2012 U T Issued: Expires: 03/30/2013 Phone: State Lic No: Maplot: 391 E09DA2000 City Lie No: DESCRIPTION: Tree Removal VALUATION Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description Total for Valuation: MECHANICAL r i i ELECTRICAL STRUCTURAL PERMIT FEE DETAIL Fee Description Amount Fee Description Amount Tree Removal/Verification 27.00 CONDITIONS OF APPROVAL 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 ASHLAND i i 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 (180 days). Development Fees; $ 0.00 $ 0.00 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, state, Planning Fees: $ 27.00 $ 27.00 or local laws, ordinances, or regulations rests solely with the applicant. Sub-Total: $ 27.00 Fees Paid: $ 27.00 Applicant Date Total Amount Due: $ 0 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 CTY OF Inspection Request Line: 541-552-2080 -ASHLAND