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HomeMy WebLinkAboutB_14_PA-2013-00523 CITY F ASHLAND May 22, 2013 Notice of Final Decision On May 21, 2013, the Community Development Director approved the request for the following: Planning Action: PL-2013-00523 Subject Property: 14 B Street Applicant: Charlene Mather Description: A request for a Hazardous Tree Removal Permit approval to remove a 40-inch DBH Cedar tree, and an 18-inch Maple"tree, and 2 Ailanthus trees located at 14 B Street. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; ASSESSOR'S MAP: 39 lE 09BB TAX LOT: 11100 The Community Development Director's decision becomes final and is effective on the 13~ day after the Notice of Final Decision is mailed. Approval is, valid for a period of 1 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 Piiia in the Community Development Department at (541) 552-2052. cc: Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 Winbum Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us?~ 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 Advisor shall deny the reconsideration request. Notice of denial shall be sent to those parties 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 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: 541488-5305 51 Winbum Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us L ; l ASHLAND PLANNING DIVISION FINDINGS & .ORDERS PLANNING ACTION: 2013-00523 SUBJECT PROPERTY: 14 B Street APPLICANT: Charlene Mather DESCRIPTION: A request for a Hazardous Tree Removal Permit approval to remove a 40-inch DBH Cedar tree, and an 18-inch Maple tree, and 2 Ailanthus trees located at 14 B Street. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; ASSESSOR'S MAP: 39 lE 09BB TAX LOT: 11100 SUBMITTAL DATE: April 25, 2013 . DEEMED COMPLETE DATE: April 29, 2013 STAFF APPROVAL DATE: May 22, 2013 APPEAL DEADLINE DATE: June 3, 2013 FINAL DECISION DATE: June 4, 2013 APPROVAL EXPIRATION DATE: June 4, 2014 DECISION The subject property is a 4,056 square foot, commerciality zoned (C-1 )property located on the south side of B Street, between Water and Oak Streets. The lot however contains a 1,272 square foot, historic contributing single family residence and dense vegetation. B Street is historically improved with curbs, storm drains, and patchy curb-side sidewalk. The applicant proposes to remove four trees greater than six-inches DBH on the property. A certified Arborist has inspected the trees and presented a report to the Planning Division. Two of the trees are Ailanthus Trees, located atop of a retaining wall adjacent to B Street. The findings state the trees are highly invasive and are currently destroying the retaining wall adjacent to the sidewalk. Plus, its aggressive root systems could do further damage to the home if not removed. A heavily diseased and 90 percent dead Maple trees located in the side yard is also proposed to be removed. And finally, a 40-inch Deodar Cedar placed near the rear boundary line adjacent to the parking area behind 181 Oak Street is also proposed for removal. The applicant's findings state that the Cedar has outgrown its space, and has had large limbs break off, potentially damaging the home. In addition, a recent pruning job by the neighboring property owner has left the tree unbalanced, and the applicant is concerned about the tree falling onto the home. The City of Ashland Tree Commission reviewed the proposal at their May 6, 2013 regular meeting, and wondered if the Cedar could be saved despite its current form. The Commission noted that Deodar Cedars are fairly stable once mature, and doesn't foresee the loss of limbs as a severe hazard. Additionally, the loss of shade provided by the tree will cause the home to be substantially hotter in summer months. However, given the severe loss of limbs on the south I PA #2013-00523 14 B SUMP Page 1 side, plus being in a severely constricted location, the tree's future growth will only be further complicated by its placement and form, and removal seems to be the best option at this time. The applicant has proposes to mitigate two trees by retaining an approximate six-inch volunteer Maple adjacent to the one proposed for removal, plus planning a Dogwood in place of the one of the Ailanthus trees removed. Therefore the Commission recommends the application be approved as submitted, with two trees being mitigated in accordance with AMC 18.61.084 Overall Staff believes that removal of the trees will not have an adverse impact on the neighborhood as the area is commercially zoned with a mix of uses and existing tree canopies in the immediate vicinity. Ashland Creek is located approximately 270 feet to the west, therefore erosion, or downhill surface flow will not be negatively affected by removal. Therefore with the conditions of approval below, staff approves of the removal request. r The criteria for a Tree Removal Permit 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. 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. (e.g. other applicable Site Design and Use Standards). 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 sui face 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. PA #2013-00523 14 B SUMP Page 2 Planning Action 2013-00523 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 2013-00523 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 the two mitigation trees shall consist of a Dogwood tree be planted adjacent to B Street in place of one of the Ailanthus trees removed, and by retaining the volunteer Maple Tree adjac-en"o the east property line. Moln , Director Da Departmq t of Community Development PA #2013-00523 14 B SUMP Page 3 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 May 22, 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 #2013-00523, 14 B Street. Signature of Employee G:\comm-devlplanninglTemplateslTEMPLATE_Afidavit of Mailing-Planning Action Notice.dot 512212013 T A113AV-09-008-6 ,wdn-dod paogaa al aalanaa juamaBiep ®0965 ®AU3AV IlAege6 al zoslll;n ap sues aalad a sajpe} sananb143 ' i wo' ISmne• i op ulp aany:)ey el a zaifdaa PA-2013-00523 391 E09BB 11500 PA-2013-00523 391 E09BB 12300 PA-2013-00523 391 E09BB 16100 `171 OAK STREET LLC BERMAN STEVEN BLAIZE JOHN FRANK/MARY S PO BOX 1169 79 PINE ST 239 OAK ST ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520, PA-2013-00523 391 E09BB 15600 PA-2013-00523 391 E09BB 11700 PA-2013-00523 391 E09BB 11200 EDWARDS OREN E HAINES LLOYD M HAYES MERRILL E 219 N MOUNTAIN AVE 96 N MAIN ST 191 OAK ST ASHLAND OR 97520- ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-00523 391 E09BA 14500 PA-2013-00523 391 E09BB 15900 PA-2013-00523 391 E09BB 11000 HISTORIC ASHLAND ARMORY LAURSEN ERIC TRUSTEE ET AL LOVETT RICHARD P TRUSTEE LLC PO BOX 44 PO BOX 427 ASHLAND BOX 249 249 OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-00523 391 E09BB 11100 PA-201.3-00523 391 E09BB 11600 PA-2013-00523 391 E09BB 400 MATHER CHARLENE M TRUSTEE PAGE JOSEPH PLAZA HOSPITALITY LLC ET AL 1 'LOUDON LN 203 SE PARK PL 230 14 B ST LOUDONVILLE NY 12211 VANCOUVER WA 98684 ASHLAND OR 97520 PA-2013-00523 391 E09BB 11300 PA-2013-00523 391 E09BB 12200 PA-2013-00523 391 E09BB 15800 .RENICK KAREN RIGOTTI GARY R/YVONNE DUNN SPARTAN PROPERTIES LLC 350 OXFORD ST 12 PEBBLE CREEK DR 195 PIEDMONT DR ASHLAND OR 97520 EAGLE POINT OR 97524 ASHLAND OR 97520 5-22-2013 NOD 15 14 B Street r wi0~~~~ waa5P3 do-dod asodxa Jaded p803 ®0066 aleldwal ofumv asn e ® I 01 Bull Guole pua» I slageq alaad AS83 AIpuali:10:9 CITY F TREE COMMISSION MINUTES May 9, 2013 CALL TO ORDER -Ashland Tree Commission meeting was called to order at 6:00 p.m. on May 9, 2013, in the Siskiyou Room in the Community Development and Engineering Services Building located at 51 Winburn Way, Ashland, Oregon. Commissioners Present Council Liaison Ken Schmidt Carol Voison - absent Gregg Trunnell Russ Neff Staff Present Casey Roland Michael Pina, Assistant Planner Anne Thayer, Parks Horticulturist APPROVAL OF MINUTES Peddicord motioned, Roland seconded the approval of the April 5, 2013 regular meeting minutes. WELCOME GUESTS & PUBLIC FORUM No guests. TYPE I REVIEW PLANNING ACTION: 2013-00523 SUBJECT PROPERTY: 14 B Street APPLICANT: Charlene Mather DESCRIPTION: A request for a Hazardous Tree Removal Permit approval to remove a 40- inch DBH Cedar tree, and an 18-inch Maple tree, and 2 Ailanthus trees located at 14 B Street. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; ASSESSOR'S MAP: 39 1E 09BB TAX LOT: 11100 Pina presented the staff report. Site visits were conducted by all. The subject property is located on the south side of B Street, between Water and Oak Streets, and contains a 1,272 square foot, historic contributing single family residence and dense vegetation. The applicant proposes to remove four trees greater than six-inches DBH on the property; two Ailanthus Trees atop a retaining wall adjacent to B Street, a heavily diseased and 90 percent dead Maple trees located in the side yard, and a 40-inch Deodar Cedar placed near the rear boundary line adjacent to the parking area behind 181 Oak Street. A certified Arborist has inspected the trees and presented a report to the Planning Division. The report noted that the Ailanthus trees are highly invasive and are currently destroying the retaining wall adjacent to the sidewalk. Plus, its aggressive root systems could do further damage to the home if not removed. And that the Cedar has outgrown its space, and has had large limbs break off, potentially damaging the home. In addition, a recent pruning job by the neighboring property owner has left the tree unbalanced, and the applicant is concerned about the tree falling onto the home. The Commission wondered if the Cedar could be saved despite its current form, and noted that Deodar Cedars are fairly stable once mature, and doesn't foresee the loss of limbs as a hazard. Additionally, the loss of shade provided by the tree will cause the home to be substantially hotter in summer months. However, given the severe loss of limbs on the south side, plus being in a severely constricted location, the tree's future growth will only be further complicated by its placement and form, and removal seems to be the best option at this time. The applicant has proposes to mitigate two trees by retaining an approximate six-inch volunteer Maple adjacent to the one proposed for removal, plus planning a Dogwood in place of the one of the Ailanthus trees removed. Therefore the Commission recommends the application be approved as submitted, with two trees being mitigated in accordance with AMC 18.61.084. DISCUSSION ITEMS Pina debriefed the Commission on this year's Arbor Day events and Rogue Valley Earth Day. On the date of the next scheduled Tree Commission meeting (June 6, 2013), a forestry conference is being held in Portland that staff is interested in attending. IN speaking with the Commission about this training, it was noted that other members will not be present for the next Tree Commission meeting, therefore there would not be a quorum. Therefore the June 6 regular meeting will be canceled. ADJOURNMENT The meeting was adjourned at 7:35 pm. Respectfully submitted by Michael Pina, Assistant Planner 2 Planning Department, 51 M, t Way, Ashland, Oregon 97520 T Y 541-488-5305 Fax: 541-552-2050 www,ashland.or.us TTY: 1-800-735-2900 ASHLAND NOTICE OF APPLICATION PLANNING ACTION: 2013-00523 SUBJECT PROPERTY: 14 B Street APPLICANT: Charlene Mather DESCRIPTION: A request for a Hazardous Tree Removal Permit approval to remove a 40-inch DBH Cedar tree, and an 18-inch Maple tree, and 2 Ailanthus trees located at 14 B Street. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; ASSESSOR'S MAP: 39 lE 09BB TAX LOT: 11100 NOTE: The Ashland Tree Commission will also review this Planning Action on Thursday, May 9, 2013 at 6:00 p.m. in the Community Development and Engineering Services building (Siskiyou Room) located at 51 Winburn Way. NOTICE OF COMPLETE APPLICATION: April 29, 2013 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: May 13, 2013 N3 1144 191 B1 O SUBJECT PROPERTY: 14 B Street 39 1 E 09BB 11100 N Property Un- are for reference only, not swimble 0 1020 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 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-de0planningTIanning Actions\Noticing PolderWailed Notices & Signs\2013\PA-2012-00523 14 B St.docr TREE REMOVAL 18.61.080 Criteria for Issuance of Tree Removal' -iff Permit An applicant for a free 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) Wcomm-dev\planning\Planning Actions\Noticing FolderWailed Notices & Signs\2013\PA-2012-00523 14 B Scdocx f' PA-2013-00523 391 E09BB 11500 '.PA-2013-00523 391 E09BB 12300 PA-2013-00523 391 E09BB 16100 171 OAK STREET LLC BERMAN STEVEN BLAIZE JOHN FRANK/MARY S PO BOX 1169 79 PINE ST 239 OAK ST ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 ,r PA-2013-00523 391 E09BB 15600 PA-2013-00523 391 E09BB 11700 PA-2013-00523 391 E09BB 11200 EDWARDS OREN E HAINES `LLOYD M HAYES MERRILL E 219 N MOUNTAIN AVE 96 N MAIN ST 1191 OAK ST ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-00523 391 E09BA 14500 PA-2013-00523 391 E09BB 15900 PA-2013-00523 391 E09BB 11000 HISTORIC ASHLAND ARMORY LAURSEN ERIC TRUSTEE ET AL LOVETT RICHARD P TRUSTEE LL C PO BOX 44 PO BOX 427 PO BOX 249 ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-00523-391 E09BB 11100 PA-2013-00523 391 E09BB •11600 PA-2013-00523 391 E09BB 400 MATHER CHARLENE M TRUSTEE PAGE JOSEPH PLAZA HOSPITALITY LLC ET AL 1 LOUDON LN 203 SE PARK PL 230, 14 B ST LOUDONVILLE NY 12211 VANCOUVER WA 98684 ASHLAND OR 97520 PA-2013-00523 391 E09BB 11300 PA-2013-00523 391 E09BB 12200 PA-2013-00523 391 E09BB 15800 RENICK KAREN RIGOTTI GARY R/YVONNE DUNN I SPARTAN PROPERTIES LLC 350 OXFORD ST 12 PEBBLE CREEK DR 195 PIEDMONT DR ASHLAND OR 97520 EAGLE POINT OR 97524 ASHLAND OR 97520 4-29-2013 15 '14 B Street I i j i i. j i ~i AFFIDAVIT OF MAILINQ 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 April 30, 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 #2013-00523, 14 B Street. Signature of Employee G.lcomndevlplanningffemplatestTEMPLATE AffidavitofMailing_PlanningAcfionNofice.dot4/30/2013 1 r I VOICE OF TREE CARE MEDFORD 779-7072,- CENTRAL Ir-J1 664-1614 April 25, 2013 City of Ashland 20 E. Main St Ashland OR. 97520 Dear Mr. Michael Pina or Planning Dept. The following information is the arborist report for the property known as 14 "B" Street. Ashland Oregon for Charleen Mather. Trees: There is 2Ailanthus trees, I Maple, and 1 Deador Cedar. Evaluation: The Ailanthus trees are considered an invasive species. They have outgrown the space in which they are in and the root systems are destroying the retaining wall next to the sidewalk. The Maple tree is 90% dead and full of decay. The Deador Cedar in the back yard has a dbh of approximately 40" and the height is approximately 60'. It has also outgrown its space and has had large limbs break off. There has also been large limbs removed as seen in attached photos. It is therefore recommended that the above mentioned trees be removed. If you have any questions or concerns please give me a call. Sincerely, Clarence V. Wangle Beaver tree Service, Inc ISA Certified Arborist PN-0518A 270 Wilson Road, Central Feint, n 97502 www.beavertree.net ~ CCD Number: 173614 T 1 Humbwr: 20d A X9553 fix "Now H ~Y E Liz - Saw, 1 ~ I- I ryI `j E 1 PIT I'pA i k it S i1 i a~~ o (l w1 i s + ~ I i. f f S II ; r r. ~ ~ t ~ y t - i 3f ~ r\ -1- \I i R rt - ryd f• _ / t ( ~ ~a ~ t - ~i t 71 t I I l i I ie J CITY OF -ASHLAND $ t t 5 t Ee c.., Street Tree Permit Applicant's Name C~~r k,--e-y-\ Phone No. 1l0l Site Address Email Is the Property Owner aware of this request? (if different from above) Name Phone No. Address Email Type of Tree(s) Approximate Diameter at breast height Height Canopy Location of Tree o-` Reason for Request Are there underground utility lines and/or overhead power lines present? If yes, please list which lines are present Is there sidewalk damage? If yes, has a Public Works permit been issued? Staff Decision In accordance with Ashland Municipal Code (AMC) 13.16, the City encourages the planting of appropriate trees within the right-of way. No trees shall be planted or removed from any public planting strip or other public property in the City until a permit has been issued by the City Administrator or designee. Applicants for a removal permit may be required to replace the tree or trees being removed with a tree or trees of comparable value, if the tree is determined to be dead or dying, then the replacement need be no larger than the minimum described in this chapter, The replacement tree(s) shall be of a size specified in the permit and no smaller than eight feet in height or one inch in caliper 12 inches above root crown and shall be an appropriate species selected from and planted according to the Recommended Street Tree List. Any tree removed under this chapter shall be removed at ground level or lower. if a tree is removed below ground level, the surface will be restored to finish grade and any regrowth which occurs shall be promptly removed. Permit is hereby (circle one): Approved Approved with Conditions Denied Conditions of Approval Staff Signature Date ZONING PERMIT APPLICATION Planning Division 51 Winburn Way, Ashland OR 97520 FILE CITY OF ASHLAND .541-488-5305 Fax 541-488-6006 DESCRIPTION OF PROJECT DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? ❑ YES ❑ NO Street Address Assessor's Map No. 391E Tax Lot(s)` Zoning ' . Comp Plan Designation APPLICANT Name fl Phone E-Mail Address City Zip' PROPERTY OWNER Name Phone E-Mail Address City Zip SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER Title Name Phone E-Mail Address f z City ' Zip ! Title Name Phone E-Mail i 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, 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; .2) that the findings of fact fumfshed justifies the granting of the request; 3) that the findings of fact fumished 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/ 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,/ have read and understood the complete application and its consequences tome as a property owner. Property Owners Signature (required) Date [To be completed by CityStati) Date Received Zoning Permit Type Filing Fee $ OVER Il MComm-dev%plaoningForms&Heodrnrts\ZoningPermit A.pplication.doc ii LAI 'T I III - I Job Address: 14 B ST Contractor: ASHLAND OR 97520 Address: C A Owner's Name: MATHER CHARLENE M TRUSTEE E 0 Phone: P Customer 02189 N State Lic No: ~ -r City Lic No: P BEAVER TREE SERVICE Applicant: R I Address: A C C Sub-Contractor: A Phone: T Address: N Applied: 04/25/2013 0 T Issued: 01/24/2014 Expires: 12/01/2013 R Phone: State Lic No: Maplot: 391 E09BB11100 City Lic No: DESCRIPTION: Tree Removal VALUATION Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description Total for Valuation: MECHANICAL ELECTRICAL STRUCTURAL PERMIT FEE DETAIL Fee Description Amount Fee Description Amount Tree Removal/Verification 27.00 CONDITIONS OF APPROVAL COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 East Main St. Fax: 541-488-5311 Ashland, OR 97520 TTY: 800-735-2900 www.ashland.or.us Inspection Request Line: 541-552-2080 C I T Y OF i III, A, 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 app 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.ocus CITY F } Inspection Request Line: 541-552-2080