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Home My WebLink AboutJaquelyn_795_PA-2013-00641 CITY OF -ASHLAND June 19, 2013 Notice of Final Decision On June 19, 2013, the Community Development Director approved the request for the following: Planning Action: 2013-00641 Subject Property: 795 Jacquelyn Street Applicant: Gil Livni Description: A request for a Hazardous Tree Removal Permit approval to remove a 33-inch DBH Oak Tree and a 20-inch Sycamore tree located at 795 Jaquelyn Street. The Community Development Director's decision becomes final and is effective on the 13th day after the Notice of Final Decision is mailed. Approval is valid for a period of one year and all conditions of approval identified on the attached Findings are required to be met prior to project completion. The application, all associated documents and evidence submitted, and the applicable criteria are available for review 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. Prior to the final decision date, anyone who was mailed this Notice of Final Decision may request a reconsideration of the action 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 ALUO 18.108.070(B)(2)(c). The ALUO sections covering reconsideration and appeal procedures are attached. The appeal may not be made directly to the Oregon Land Use Board of Appeals. If you have any questions regarding this decision, please contact Michael Pina in the Community Development Department at (541) 488-5305. cc: Parties of record and property owners within 20,0 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY; 800-735-2900 Y _ 1 www.ashland.or.us t f SECTION 18.108.070(B)2 Effective Date of Decision and Appeals. B. Actions subject to appeal: 2. Type I Planning Actions. a. Effective Date of Decision. The final decision of the City for planning actions resulting from the Type I Planning Procedure shall be the Staff Advisor decision, effective on the 13th day after notice of the decision is mailed unless reconsideration of the action is approved by the Staff Advisor or appealed to the Commission as provided in section 18.108.070(B)(2)(c). b. Reconsideration. The Staff Advisor may reconsider Type I planning actions as set forth below. i. Any party entitled to notice of the planning. action, or any City' Agency may request reconsideration of the action after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no fault of the party asking for reconsideration, which in the opinion of the staff advisor, might affect the decision. Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence during the opportunity to provide public input on the application. sufficient to afford the Staff Advisor an opportunity to respond to the issue prior to making a decision. ii. Reconsideration requests shall be received within five (5) days of mailing. The Staff Advisor shall decide within three (3) days whether to reconsider the matter. iii. If the Planning Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the decision for purposes of reconsideration. The Staff Advisor shall decide within ten (10) days to affirm, modify, or reverse the original decision. The Staff Advisor shall send notice of the reconsideration decision to affirm, modify, or reverse to any party entitled to notice of the planning action. iv. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff j Advisor shall deny the reconsideration request. Notice of denial shall be sent to those parties E that requested reconsideration. c. Appeal. i. Within twelve (12) days of the date of the mailing of the Staff Advisor's final decision, including any approved reconsideration request, the decision may be appealed to the Planning Commission by any party entitled to receive notice of the planning action. The appeal shall be submitted to the Planning Commission Secretary on a form approved by the City Administrator, be accompanied by a fee established pursuant to City Council action, and be received by the city no later than 4:30 p.m. on the 12th day after the notice of decision is mailed. ii. If an appellant prevails at the hearing or upon subsequent appeal, the fee for the initial hearing shall be - refunded. The fee required in this section shall not apply to appeals made by neighborhood or community organizations recognized by the city and whose boundaries include the site. iii. The appeal shall be considered at the next regular Planning Commission or Hearings Board meeting. The appeal shall be a de novo hearing and shall be considered the initial evidentiary hearing.required under ALUO 18.108.050 and ORS 197.763 as the basis for an appeal to the j Land Use Board of Appeals. The Planning Commission or Hearings Board decision on appeal ! shall be effective 13 days after the findings adopted by the Commission or Board are signed by the Chair of the Commission or Board and mailed to the parties. iv. The appeal requirements of this section must be fully met or the appeal will be considered by the city as a jurisdictional defect and will not be heard or considered. COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 j 51 Winbum Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY; 800-735-2900 www. ashland. onus I ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: 2013-00641 SUBJECT PROPERTY: 795 Jaquelyn St. APPLICANT: Gil Livni DESCRIPTION: A request for a Hazardous Tree Removal Permit approval to remove a 33-inch DBH Oak Tree, and a 20-inch Sycamore tree located at 795 Jaquelyn Street. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; ASSESSOR'S MAP: 39 lE 14BC TAX LOT: 1900 SUBMITTAL DATE: May 14, 2013 DEEMED COMPLETE DATE: May 21, 2013 STAFF DECISION DATE: June 19, 2013 APPEAL DEADLINE: July 1, 2013 FINAL DECISION DATE: July 2, 2013 APPROVAL EXPIRATION DATE: July 2, 2014 DECISION The subject property is located on the west side of Jacquelyn Street, approximately 110 feet north of Diane Street. The parcel is approximately 38,589 square feet in size, zoned R-1-5, and has Clay Creek running through the rear of the property. A 1,892 square foot home is placed in the middle of the lot outside of the 100-year floodplain boundary. This portion of Jacquelyn Street in unimproved and does not comply with City standards. The application proposes to remove two trees on-site; a 33-inch Black Oak along the north ! property line, and a 20-inch Sycamore centrally located behind the home. A certified arborist report submitted by Tom Myers notes that the 33-inch Black Oak is 80 percent dead and has a large, dead limb that is very hazardous and could fall onto a power line. In addition the 20-inch Sycamore has lost its entire top, and no longer has a viable structure. The Sycamore interferes with adjacent healthy tree's canopy, and removal should improve the overall health of the nearby tree. The Tree Commission did not have an opportunity to review the proposal. In staff s opinion, a visual inspection of the trees shows signs of physical damage to the degree that failure of a limb has the potential to injure persons or damage property; and the hazard cannot be reasonably alleviated by treatment or pruning of the trees. Staff also fmds that removal of the three trees will not have a negative impact on erosion, soil stability, or flow of surface waters due being on average 120 feet from the riparian corridor, and the anticipated removal of debris helps alleviate the potential of flooding and adds to the protection and longevity of the riparian and flood corridor. Nor will removal have a negative impact on the tree densities, sizes, canopies, and species diversity since there are a number of remaining trees established on-site and along the stream corridor. Due to the many trees within proximity of those removed, mitigation shall not be required. Therefore, staff believes that the tree removal request meets the criteria of the ordinance and is approved to be removed, following the conditions below. PA 2013-00641 795 Jacquelyn St./MP Page 1 The criteria for a Tree Removal Permit are described in AMC Chapter 18.61.080, as follows: An applicant for a Tree Removal Permit shall demonstrate that the following criteria are satisfied. The StaffAdvisor 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 if 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 orlocation 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. Planning Action 2013-0064lis 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 2013-00641 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 her Lw June 19, 2013 1 J~Molf_na, Director Date (Departni of Community Development I i PA 2013-00641 795 Jacquelyn St.1W Page 2 I PA-2013-00641 391 E14BC 2102 PA-2013-00641 391 El 413C 1800 PA-2013-00641 391 E14BC 2101 BERLIN ALAN S BOHN LARRY ALAN/MARGARET BRONK JAMES B MD TRUSTEE .2795 DIANE ST ELLA ET AL ASHLAND OR 97520 858 CLAY ST '50 EL MONTE WAY ASHLAND OR 97520 NAPA CA 94558 PA-2013-00641 391E14BC 2103 PA-2013-00641 391E14BC 1200 PA-2013-00641 391E14BC 1500 CAMPBELL CAROLYN J CHURCH T B/ LUCINDA HARDY CINNAMON SALLY 2785 DIANE ST 824 CLAY ST 852 CLAY ST ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-00641 391 E14BD 3400 PA-2013-00641 391E146D 4706 PA-2013-00641 391E14BC 1200 COOK GEORGE/LORRAINE R GROSHONG J HARDY LUCINDA 2928 DIANE ST SCOTT/GROSHONG DEBORAH L 824 CLAY ST ASHLAND OR 97520 2920 NOVA ST ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-00641 391 E14BD 4603 PA-2013-00641 391 E14BC 2800 'PA-2013-00641 391 E14BD 3700 HOLY FRED/JUDY KAPP CATHRYN KAPROS GEORGE L/LINDA M 796 JAQUELYN ST 15717 BREWSTER RD 2929 DIANE ST ASHLAND OR 97520 EAST CLEVELAND OH 44112 ASHLAND OR 97520 PA-2013-00641 391E14BD 4602 0A 2Q12_ tiQ_641 3Q_l€14sC 1498 PA-2013-00641 391E14BD 4500 KEMP KEVIN K LABER RONALD K/ROBERTA F 33739 WHITE OAK RD 2 11 KOSENBAMACH 777 CAPELLA CIR CORVALLIS OR 97333 KAWAGOE CITY 350 0 ASHLAND OR 97520 I PA-2013-00641 391 E14BC 2900 PA-2013-00641 391 E14BC 1900 PA-2013-00641 391 E14BC 1300 LAWRENCE-FORREST LORI L LIVNI INVESTMENT COMPANY MARIE CLAIRE ET AL 865 JAQUELYN ST LLC 777 JACQUELYN ST ASHLAND OR 97520 2532 OLD MILL WAY ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-00641 391 E14BD 4601 PA-2013-00641 391 E14BC 1601 PA-2013-00641 391 E14BD 3500 MASON CALVIN K TRUSTEE ET MC KEEVER JOSEPH/DEBRA MC NICHOL K J/HUMPHREY M C AL 848 CLAY ST 2920 DIANE ST 372 ANDRITA PL ASHLAND OR 97520 ASHLAND OR 97520 BRAWLEY CA 92227 PA-2013-00641 391 E14BD 4707 PA-2013-00641 391 E14BC 2000 PA-2013-00641 391 E14BC 2109 MEDEIROS LIZ W TRUSTEE ET MELLECKER DENNIS MICHELSEN MARY-KAY AL L/PAULETTE M TRUSTEE 2930 NOVA DR 2909 DIANNE ST 2810 DIANE ST ASHLAND OR 97520 ASHLAND, OR 97520 ASHLAND OR 97520 PA-2013-00641 391 E14BC 2100 PA-2013-00641 391 E14BD 4508 PA-2013-00641 391 E14BD.3800 MIDDLETON BARBARA A MURPHY THOMAS V/JANET M PATTERSON CHRISTOPHER 2815 DIANE ST 755 CAPELLA CIRCLE RYAN/PRESCOTT-PATT ASHLAND OR 97520 ASHLAND OR 97520 2939 DIANE ST ASHLAND OR 97520 i PA-2013-00641 391 E14BC 1600 PA-2013-00641 391 E14BC 2500 PA-2013-00641 391 E14BD 4511 PIEROTTI LOUIS F/ANNE A PRESKENIS SHERI QUIRK MICHAEL P TRUSTEE 842 CLAY ST 2804 DIANE ST 799 CAPELLA CIR ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-00641 391 E1413C 2104 PA-2013-00641 391 E14BD 3600 PA-2013-00641 391 El 413C 2700 SHERR DAVID WEST BECKY JEAN WOOD MICAH R/HEATHER R 148 STRAWBERRY LN 2919 DIANE ST 825 JACQUELYN ST ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-00641 391 E14BD 4604 PA-2013-00641 391 El 413D 4600 WRIGHT EILEEN TRUSTEE FBO WRIGHT KYLE L/MARGARET L 35 595 TAYLOR ST 782 JAQUELYN ST 6-19-2013 ASHLAND OR 97520 ASHLAND OR 97520 795 Jacquelyn St AFFIDAVIT OF MAILING STATE OF OREGON ) County of Jackson ) The undersigned being first duly sworn states that: 1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On June 19, 2013 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 #2013-00641, 795 Jaquelyn Street. Signature of Employee I III G:lcomm-devlplanninglTemplateslTEMPLATE_Affidavit of Mailing-Planning Acfion Notice.dot 6/18/2013 i i ( Zimbra Page 1 of 1 1 r" pinam@ashland.or.u; + Font Size - ® 795 Jaquelyn Tree Removal Request From : Gil Livni - Heiman <helmansprings@gmail.com> Mon, Jun 17, 2013 10:37 AM Subject : RE: 795 Jaquelyn Tree Removal Request To : michael pina <michael.pina@ashiand.or.us> Cc : 'Heiman Helman' <helmansprings@gmail.com> Hello Michael, Please approve the other two Trees, please defied the request to cut the Oregon Ash on the South property line, I still have issues with Micah the neighbor, he is now accusing me of poisoning the tree and his lawn I do not want to deal with him. Thank you, Gil -----Original Message----- From: Michael Pina [mailto:michael.pina@ashiand.or.us] Sent: Monday, June 17, 2013 10:06 AM To: Gil Livni Subject: 795 Jaquelyn Tree Removal Request Gil, Good morning. I conducted a site visit with City Arborist Anne Thayer last week and there was confusion to which Oregon Ash Tree is proposed for removal along the south property line. From our on-site assessment, there are two (what appeared to be) Ash trees located within 20 feet from each other that both appeared diseased. For staff to complete our review, we would need a clear identification of which tree is proposed to be removed. If you could please flag the specific tree requested, then i can render our decision on the removal request. Thank you. Michael Pina, Assistant Planner City of Ashland, Planning Division 20 East Main St., Ashland Oregon 97520 Email = michael.pina@ashiand.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. I I i .httPs://zimbra.ashland.or.us/zimbra/h/printmessage?id=30107 6/17/2013 Circuit Court of the State of Oregon for Jackson County R Log Case 11-5459-E-3 Date: APRIL 17, 2013 Time: 10:00 Number Judge: D. L. HARRIS Courtroom 304 Cleric: M. MARTZ Lo created b Reva Plaintiff/ LIVNI INVESTMENT CO, LLC Attorney: JOSEPH KELLERMAN Petitioner: Defendant/ DENNIS MELLECKER Attorney: DOUGLAS M. McGEARY Respondent: PAULETTE MELLECKER HEATHER WOOD MICAH WOOD Type of HGST Proceedings: Disposition: No Appearance By. Continued to: Dismissed: Settled: Order Signed: Lo of Events Time: Description: 10:51 Commencement of Proceeding 10:53" Judge Harris states settlement for the record 1 - New boundary line to be established granting Mr. Meilecker ® Z~ everything to west - Mr. Livni everything to the east 2. Tree covenant to be developed w/attached map identifying l trees in hiatus strip - preventing removal of any tree w/out arborist opinion 10:55 Mr. Kellerman asks clarifying question 10:56!$' 3. Mr. Livni to prepare map - if di ou o urs r gardiDg trees included Court to resolve qpute5 10:57 Mr. Livni inquires Re: Coming onto property maintaining trees 11:01 Mr. McGea 's statement 11:03 Court Re: Fence. between Wood property and Livni properties belon s to the Woods 11:04 Mr. Kellerman asks that the settlement be done as a stipulated judgment 11:05 Mr. McGea refers to have a stipulated judgment 11:06 Mr. Livni inquires 11:06 Court summarizes 11:07 Mr. McGea to draft stipulated judgment 11:09 ADJOURNED i I Courtroom Log Civil Page 1 of 1 09/17/2012 Zimbra Page 1 of 1 1 ra seversod@ashland.or.u + Font Size - Fwd: application it City of Ashland to cut down trees From : Dennis Mellecker <dandp@mellecker.net> Fri, May 24, 2013 09:13 AM Subject : Fwd: application with City of Ashland to cut down trees To : Douglas M McGeary <doug@douglasmmcgeary.com>, Micah Wood <wood.mica hr@gmaiI.com>, Dennis Mellecker <dandp@mellecker.net>, derek severson <derek.severson@ashland. or. us> May 24, 2013 City of Ashland Planning Department Dear Derek, From our conversation this morning, here is the pertinent information in regards to planning action 2013-00641: Dennis and Paulette Mellecker, 2909 Diane St Ash and Micah and Heather Wood, 825 Jaquelyn St Ash and Gil livni investment Co, 795 Jaquelyn St Ash are involved in lawsuit case # 11-5459-E-3, Jackson County. Judge Harris ruled as stipulated judgement on April 17, 2013 to have the following completed before anything can be done with the trees in or near the hiatus area. As per Judge Harris 4-17-13: 1. Mr Livni is to meet with Mr. Mellecker to establish new property pins and subsequent boundary lines between the 2 properties granting Mr. Mellecker "everything to the west", and have a Certified Surveyor create a map for consideration and approval. 2. Mr Livni is to produce and distribute a Certified Arborist report showing " all trees in or near the hiatus land" with the GPS locations, species, size at trunk and canopy details and relative health of said trees for consideration and approval. Note: Judge Harris states in the settlement dialogue: "if any dispute occurs regarding trees included, the Court is to resolve the dispute". Thank you for your consideration. Dennis and Paulette Mellecker I i I I i https://zimbra.ashland.or.us/h/printmessage?id=70261&1 5/24/2013 4 -Veky- m-Z~r &r I C-/ - The map with the trees is on its way from the surveyer In the case of livini vs wood and mellecker The agreement is: ~C~! 3 1. on the survey map that has been prepared it shows a hiatus strip of property; a new boundary line will be established, 6ft from the corner of Mr. Mellecker's shop, a pin will be put in that spot and before survey, Mr. Mellecker will measure it and say 6ft, "go for it", and then a new survey will be drafted, granting to Mr. Mellecker everything to the west of that point and to Mr. Livini everything to the east. 10! S 3 'L/ f 2. a tree t will have attached to it a map that identifies all of the trees that are in or near that strip. It will identifies the trees that are covered in that agreement, I think that it needs to include all the trees that are close to that strip or in the strip just so we know which ones are out and which ones are in. K "Are we talking the entire strip?" J: Yes. And so that map will identify all the trees. it will show their estimated drip line or canopy and will show the diameter of the tree. The covenant will then prohibit any removal of those trees unless a certified arborist confirms they are dead or dying or presents a hazard. Any tree remove has to receive approval from the state. 3. All the parties will abide by all the ordinances in the city that relates to care, maintenance and preservation of trees. i Mr. Livini is responsible to prepare the map, present it to the other parties, if there is a dispute as to 1O-. 5C < ~2.which trees are in or outside of that covenant both parties have agreed that the court, that judge has the ultimate say as to which ones are in or out of the convenient. Q r 3 We can maintain the tree limbs on our side of the fence. Fence belongs to the Woods, they can do what they want , including but not limited to building a retaining wall and new fence and in that regard livini is okay with you coming onto his property in the process to building the retaining wall and fence with reasonable notice to renters. Requested a stipulated judgment by K to Map identifying the trees L said he would have that day. To be provided to the parties Do measurements on the 6ft plant a proposed place for the pin, mellecker to approve. J will check in with the lawyers to see how things are going. i i CITY OF Planning Department, 51 WinL-, Way, Ashland, Oregon 97520 I 541-488-5305 Fax: 541-552-2050 www,ashland.orms TTY: 1-800-735-2900 71HUE NOTICE OF APPLICATION PLANNING ACTION: 2013-00641 SUBJECT PROPERTY: 795 Jaquelyn St. APPLICANT: Gil Livini DESCRIPTION: A request for a Hazardous Tree Removal Permit approval to remove a 33-inch DBH Oak Tree, a 20-inch Sycamore, and a 13-inch DBH Oregon Ash tree located at 795 Jaquelyn Street. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; ASSESSOR'S MAP: 391E 14BC TAX LOT: 1900 NOTICE OF COMPLETE APPLICATION: May 21, 2013 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: June 4, 2013 10 _i 652 C 760 767 Z 772 782 Approximate location oftrees 792 796 SUBJECT PROPERTY: ; 795 Jaquelyn N 39 1 E 14BC 1900 2929 2805 2409 2315 _ 035 _ I I I I I - . A Property fines are for reference only, not souleable 012.525 50 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. GAcomm-dev\planning\Planning Actions\Noticing FolderWalled Notices & Signs\2013\PA-2013-00641 795 Jaquelyn.doex TREE REMOVAL 18.61.080 Criteria for Issuance of Tree Removal ff 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) PHYSICAL & ENVIRONMENTAL CONSTRAINTS 18.62,040.1 Criteria for Approval A Physical Constraints Review Permit shall be issued by the Staff Advisor when the Applicant demonstrates the following: 1. Through the application of the development standards of this chapter, the potential impacts to the property and nearby areas have been considered, and adverse impacts have been minimized. 2. That the applicant has considered the potential hazards that the development may create and implemented measures to mitigate the potential hazards caused by the development. 3. That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more seriously than reversible actions. The Staff Advisor or Planning Commission shall consider the existing development of the surrounding area, and the maximum permitted development permitted by the Land Use Ordinance. (ORD 2808,1997; ORD 2834,1998; ORD 2951, 2008) i i I I i I I I i GAcomm-de0planningTIanning Actions\Noticing FolderWailed Notices R Signs\2013\PA-2013-00641 795 Jagnelyn.doex AFFIDAVIT O 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 May 21, 2013 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 #2013-00641, 795 Jaquelyn Street. J-~M CA~-QQ-- . Si nature of Employee G:Icomm-devlplanninglTemplateslTEMPLATE-Affidavit of Mailing-Planning Acton NoUce.dot 5/2112013 PA-2013-00641 391 El 413C 2102 PA-2013-00641 391 E14BC 1800 PA-2013-00641 391 El 413C 2101 BERLIN ALAN S BOHN LARRY ALAN/MARGARET BRONK JAMES B MD TRUSTEE 2795 DIANE ST ELLA ET AL ASHLAND OR 97520 858 CLAY ST 50 EL MONTE WAY ASHLAND OR 97520 NAPA CA 94558 PA-2013-00641 391 El 413C 2103 PA-2013-00641 391 E14BC 1200 PA-2013-00641 391 E14BC 1500 CAMPBELL CAROLYN J CHURCH T B/ LUCINDA HARDY CINNAMON SALLY 2785 DIANE ST 824 CLAY ST 852 CLAY ST ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-00641 391 E14BD 3400 PA-2013-00641 391 E146D 4706 PA-2013-00641 391 E14BC 1200 COOK GEORGE/LORRAINE R GROSHONG J HARDY LUCINDA 2928 DIANE ST SCOTT/GROSHONG DEBORAH L 824 CLAY ST ASHLAND OR 97520 2920 NOVA ST ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-00641 391 E14BD 4603 PA-2013-00641 391 E146C 2800 PA-2013-00641 391 E14BD 3700 HOLY FRED/JUDY KAPP CATHRYN KAPROS GEORGE L/LINDA M 796 JAQUELYN ST 15717 BREWSTER RD 2929 DIANE ST ASHLAND OR 97520 EAST CLEVELAND OH 44112 ASHLAND OR 97520 PA-2013-00641 391 E14BD 4602 PA-2013-00641 391 E14BC 1400 PA-2013-00641 391 El 413D 4500 KEMP KEVIN K KUWABARA MASANORI/NORIKO LABER RONALD k/ROBERTA F 33739 WHITE OAK RD 2-44-11 KOSENBAMACHI 777 CAPELLA CIR CORVALLIS OR 97333 KAWAGOE CITY 350-0036 ASHLAND OR 97520 PA-2013-00641 391 El 413C 2900 PA-2013-00641 391 E14BC 1900 PA-2013-00641 391 E14BC 1300 LAWRENCE-FORREST LORI L LIVNI INVESTMENT COMPANY MARIE CLAIRE ET AL 865 JAQUELYN ST LLC 777 JACQUELYN ST ASHLAND OR 97520 2532 OLD MILL WAY ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-00641 391 E14BD 4601 PA-2013-00641 391 E14BC 1601 PA-2013-00641 391 E1413D 3500 MASON CALVIN K TRUSTEE ET MC KEEVER JOSEPH/DEBRA MC NICHOL K J/HUMPHREY M C AL 848 CLAY ST 2920 DIANE ST 372 ANDRITA PL ASHLAND OR 97520 ASHLAND OR 97520 BRAWLEY CA 92227 PA-2013-00641 391 E14BD 4707 PA-2013-00641 391 E14BC 2000 PA-2013-00641 391 E14BC 2109 MEDEIROS LIZ W TRUSTEE ET MELLECKER DENNIS MICHELSEN MARY-KAY AL L/PAULETTE M TRUSTEE 2930 NOVA DR 2909 DIANNE ST 2810 DIANE ST ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-00641 391 El 413C 2100 PA-2013-00641 391 E14BD 450,8 PA-2013-00641 391 E14BD 3800 MIDDLETON BARBARA A MURPHY THOMAS V/JANET M PATTERSON CHRISTOPHER 2815 DIANE ST 755 CAPELLA CIRCLE RYAN/PRESCOTT-PATT ASHLAND OR 97520 ASHLAND OR 97520 2939 DIANE ST ASHLAND OR 97520 PA-2013-00641 391 E14BC 1600 PA-2013-00641 391 E1413C 2500 PA-2013-00641 391 El 413D 4511 PIEROTTI LOUIS F/ANNE A PRESKENIS SHERI QUIRK MICHAEL P TRUSTEE 842 CLAY ST 2804 DIANE ST 799 CAPELLA CIR ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 975,20 PA-2013-00641 391 El 413C 2104 PA-2013-00641 391 E14BD 3600 PA-2013-00641 391 E14BC 2700 SHERR DAVID WEST BECKY JEAN WOOD MICAH R/HEATHER R 148 STRAWBERRY LN 2919 DIANE ST 825 JACQUELYN ST ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-00641 391 E14BD 4604 PA-2013-00641 391 E14BD 4600 WRIGHT EILEEN TRUSTEE FBO WRIGHT KYLE L/MARGARET L 35 595 TAYLOR ST 782 JAQUELYN ST ASHLAND OR 97520 ASHLAND OR 97520 i i I' Zimbra Page 1 of 1 9 r pinam@ashiand.ormi + Font Size - FW: 795 Jaquelyn r ri a r. c From : Gil Livni - Helman <helmansprings@gmail.com> Tue, May 14, 2013 05:16 PM Subject : FW: 795 Jaquelyn Arborist Report.doc To : michael pina <michael.pina@ashland.or.us> 1 attachment Hello Michael, Due to the fact that the trees needing to be removed are considered dead (see attached letter by Arborist), action to clear the property of the trees needs to be undertaken immediately, Currently, there is hazard of bodily injury and/or death from falling limbs (especially of the large oak) thus, I propose that the trees be removed, once again, immediately. There are also power lines underneath the large oak that are an extreme hazard. There is one large tree, a smaller tree and a long stump of a tree (the trunk fell a long time ago). I believe the three trees in mention are in the 500-year flood zone, the stump is possibly in the 100-year flood zone. The stump is a Sycamore and the smaller tree is an Oregon Ash. The large tree is an Oak, as mentioned before. There are many trees on the property, thus, I am not planning to replace the dead trees at this time. There are over 30 trees on less than an acre and the removal of the two trees plus stump will not impact the remaining 30 trees, In the case of the Oregon Ash, the removal of the tree will give a better chance of growth to the surrounding trees, they are just too crowded. Thank you, Gil Livni 795 Jaquelyn Ar orist a ort. oc 112 KB I i i https:Hzimbra.ashland.or.us/zimbra/h/printmessagc?id=29139 5/16/2013 r` 4 0 5 6iii, ta Gil Livni 4/19/13 795 Jaquelyn Arborist Report Three trees at 795 Jaquelyn need to be removed. The first tree is a black Oak 33 inches in Diameter at breast height. It is 80% dead and has a large dead limb that is very hazardous. If the limb were to break it would fall onto a powerline. This tree should be removed as soon as possible. Two other trees should also be removed. One, a 20" DBH sycamore has lost its entire top and no longer has a viable structure. The other is a 13" DBH Oregon Ash that has multiple broken limbs and is crowed into an existing canopy of healthy trees. Removing these two trees should improve the health of the existing canopy of trees. Sincerely, Tom Myers, Certified Arborist I i i i i i a y 1 I ' b I In m o o v\ S 00,10',:'7 03'1742\\\ 45.05 0o I I I ticu° I ow S S 7.74w 4 ~ ~ " gV x M I i ~ O m m N W 1 ?1 o = 41 c°o 00 ~ o \ m rn° ~ ` 2 ® mU~ co \ cn v D I ~ I ~ N ~ Oy gOZ1•~O~\ COO ~ NO \ Z N ~ J ~n "r \ O L4 _ I ° N 00'00'17" E - 164.10' rn it - J A Q U E L Y N N S T R E E T O nD~~~ZC~u bO~ p ~2 00 0 ^ `~;n ® a - r., O ~ I,, ~ R Y C: T~ 5z po ;u N Z o II b~ (~~0~ 7 Ul~~ (4 I p p (0~ w N M o WW (0UVI~~O N py~ ICI ZONING IT APPLICATION Planning Division 51 Winbum Way; Ashland OR 97520 C IL goND .541-488-5305 Fax 541-488-6006 - FILE AS H H LA1 W !J 'Z'A DESCRIPTION OF PROJECT Yc,a ]s s., DESCRIPTION OF PROPERTY Pursuing LEED® Certification? ❑ YES ?NO Street Address Assessor's Map No. 391 E O w 0 0 Tax Lot(s) Zoning r s Comp Plan Designation APPLICANT Name t L I 6 Phone m ~fi f 3 ~ E-Mail 6 $9 t Address C, I ck City i, I Zip. 7 S-2 PROPERTY OWNER Name L . l V ( Phone i ! E-Mail City Address 617116 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 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. I. further understand that if this request is subsequently contested, the burden will be on me to establish: 1) that 1 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 j 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. r`7l'O Appiica t' Sign tore Date As owner of the property involved in this request,) have read and understood the complete application and its consequences to me as a property owner. s- Propcrt y ® ne 's Sig ture (required) Date rro be completed by City SIaflJ Date Received Zoning Permit Type Filing Fee $ OVER 0 Wcomm-dwAplapningWocros & HandoutslZoning Perm)[ Apphcatioa.doc I ! ~J Job Address: 795 JAQUELYN ST Contractor: ASHLAND OR 97520 Address: C P Owner's Name: LIVNI GIUKATHLEEN 0 Phone: P Customer 07266 N State Lic No: R LIVNI GIL/KATHLEEN T City Lic No: Applicant: 2532 OLD MILL WAY R Address: ASHLAND OR 97520 A C C Sub-Contractor: A Phone: T Address: N Applied: 05/14/2013 O 7 Issued: R Expires: 11/10/2013 Phone: State Lic No: Maplot: 391 E14BC1900 City Lic No: DESCRIPTION: Tree Removal in flood zone 1 VALUATION Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description i i Total for Valuation: MECHANICAL I ELECTRICAL STRUCTURAL 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 j Ashland, OR 97520 TTY: 800-735-2900 www.ashland.or.us CITY F Inspection Request Line: 541-552-2080 ASHLAND