HomeMy WebLinkAboutOak_895_PA-2013-01935
4
CI'T'Y F
SHLAND
February 13, 2014
Notice of Final Decision
On February 13, 2014, the Community Development Director approved the request for the following:
Planning Action: 2013-01935
Subject Property: 895 Oak Street
Applicant: Stephen Kish
Description: Request approval to permit the removal of a hazardous, multi-stemmed
Box Elder tree at the rear of the property. The tree had large "stems" that fell and the remaining
"stems" were dead and removed prior to this application. The tree is within the floodplain and
Water Resource Protection Zone thus requiring a permit and mitigation. COMPREHENSIVE
PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; ASSESSOR'S MAP:
39 lE 04BD; TAX LOTS: 1301
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 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
1,8.108.070(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 Amy Gunter in the Community
Development Department at (541) 488-5305.
cc: 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
www.ashland.or.us 3,
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: PA-2013-01935
SUBJECT PROPERTY. 895 Oak Street
OWNER/APPLICANT: Kish
DESCRIPTION: Request approval to permit the removal of a hazardous, multi-stemmed
Box Elder tree at the rear of the property. The tree had large "stems" that fell and the remaining "stems"
were dead and removed prior to this application. The tree is within the floodplain and Water Resource
Protection Zone thus requiring a permit and mitigation. COMPREHENSIVE PLAN DESIGNATION:
Single Family Residential; ZONING: R-1-5; ASSESSOR'S MAP: 39 1E 04BD; TAX LOTS: 1301
SUBMITTAL DATE: December 26, 2013
DEEMED COMPLETE DATE: January 2, 2014
STAFF DECISION DATE: February 13, 2014
FINAL DECISION DATE: February 26, 2014
APPROVAL EXPIRATION DATE: February 26, 2015
DECISION
The subject property is located on the east side of Oak Street. The parcel is zoned R-1-5, approximately
.91 of an acre or 39,639 square feet, slopes to east at approximately nine percent, and has Ashland Creek
running through the rear of the property. Oak Street is improved with curbs and gutters along the
property's frontage.
The application is to remove a large, hazardous, multi-stemmed Box elder tree that was significantly
leaning over Ashland Creek. Large stems had fallen across the creels and the remaining portions of the
tree were dead. This application is post-mortem as the tree has already been removed. The applicant has
indicated they will mitigate the tree removal by planting a new tree.
I
The new planting will be required to be selected from the Water Resource Protection Zone approved
plant list. Evidence of the type and date of planting shall be provided to the City of Ashland within 180
days of approval of the request to remove.
Removal of the Box elder will not have a negative impact on erosion, soil stability; or flow of surface
waters due to the remaining root structure currently holds a significant amount of bank in place. Nor will
removal have a negative impact on the tree densities, sizes, canopies, and species diversity since there
are numerous tree species established along the stream corridor. Therefore, staff believes that the tree
removal request meets the criteria of the ordinance and is approved to be removed following the
conditions below.
The criteria for a Tree Removal Permit are described in AMC Chapter. 18.61.080, as follows:
An applicantfor° 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
PA 2013-01935
895 Oak Street/adg
Page 1
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 February 13, 2014 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 #2013-01935, 895 Oak Street.
Signature of Employee v_.
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G:IComm-devlplanninglTemplateslTEMPLATE-Affidavit of Mailing-Planning Action No6ce,dot 2/13/2014
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PA-2013-01935 391E04BD 1304 PA-2013-01935 391E04BD 2005 PA-2013-01935 391E04AC 4500
AUSTBO KIRK W/ANGELA BARBER CAMPAGNA JESS A/SARA E COSTER GRANT JAY/COSTER LINDA
905 OAK ST 670 HEI MAN ST 910 OAK ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2013-01935 391E04BD 2400 PA-2013-01935 391E04BD 1303 PA-2013-01935 391E04BD 2006
DALEY THOMAS W/SUSAN L DOWNEY SEAN M ENGELHARDT J/DIANE WILLIAMS
610 HEI MAN ST 915 OAK ST 656 HEI MAN ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2013-01935 391E04BD 2500 PA-2013-01935 391E04AC 4800 PA-2013-01935 391E04BD 1300
FIELDS JOHN ROBERT TRUSTEE ET GOLDEN CATHERINE M GOLDEN JEFFREY S
845 OAK ST 886 OAK ST P O BOX 1232
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2013-01935 391E04BD 1305 PA-2013-01935 391E04BD 1301 PA-2013-01935 391E04CA 3100
HEGLIE, JEFFREY/M ELKOVICH KISH FAMILY TRUST ET AL NORMAN JULIE KAY
919 OAK ST 895 OAK ST 596 HELMAN
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2013-01935 391E04CA 200 PA-2013-01935 391E04CA 2901 PA-2013-01935 391E04BD 1302
NORTHCUTT JACK D/BETTY A PASCHEN GERHARD ET AL QUACCIA ROBERT J/JANET B
1340 E MAIN 865 OAK ST 885 OAK ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2013-01935 391E04BD 2600 PA-2013-01935 391E04BD 2200 PA-2013-01935 391E04AC 4700
REYNOLDS JOHN R. TRUSTEE SCHEER JOHN/SHEPARDSON LAURA SCHLIESMAN PAMELA
505 HELMAN HC 3 BOX 6780 900 OAK ST
ASHLAND, OR 97520 RINCON, PR 00677 ASHLAND, OR 97520
PA-2013-01935 391E04BD 2700 PA-2013-01935 391E04BD 1400 PA-2013-01935 391E04BD 2300
SCHOOL DISTRICT 5 SHULTERS SUSAN M SLYTER HOWARD M TRUSTEE ET AL
885 SISKIYOU BLVD 632 HELMAN ST 3621 E E CURTIS DR
ASHLAND, OR 97520 ASHLAND, OR 97520 SACRAMENTO, CA 95818
PA-2013-01935 391E04BD 1401 PA-2013-01935 39IE04BD 2100 PA-2013-01935 391E04BD 2007
SNOW D REBECCA ET AL STOUT PROPERTIES LLC STREET GLENN/BARBARA C
PO BOX 337 215 LAUREL ST 642 HEIMAN
ASHLAND, OR 97520 MEDFORD, OR 97501 ASHLAND, OR 97520
24
895 Oak St
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Planning Department, 51 Win6,,r.t Way, Ashland, Oregon 97520 I F
541-488-5305 Fax: 541-552-2050 www.ashland.orms TTY: 1-800-735-2900
NOTICE OF APPLICATION
PLANNING ACTION: 2013-01935
SUBJECT PROPERTY: 895 Oak Street
OWNER/APPLICANT: Stephen Kish
DESCRIPTION: Request approval to permit the removal of a hazardous, multi-stemmed Box Elder tree at the
rear of the property. The tree had large "stems" that fell and the remaining "stems" were dead and removed
prior to this application. The tree is within the floodplain and Water Resource Protection Zone thus requiring a
permit and mitigation. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING:
R-1-5; ASSESSOR'S MAP: 39 lE 04BD; TAX LOTS: 1301.
i
NOTICE OF COMPLETE APPLICATION: January 8, 2014
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: January 22, 2014
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The Ashland Planning Division Staff has received a complete application for the property noted above.
Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn
Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above.
Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a
notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the
comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the
application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning
Division 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 Folder\Malled Notices & Signs\2014\PA-2013-01935.docx
TREE REMOVAL
18.61.080 Criteria for Issuance of Tree Re, ,oval - Staff Permit
An applicant for a Tree Removal Permit shall demonstrate that the following criteria are satisfied. The Staff Advisor may require an
arborist's report to substantiate the criteria for a permit.
A. Hazard Tree: The Staff Advisor shall issue a tree removal permit for a hazard tree if the applicant demonstrates that a tree is a
hazard and warrants removal.
1. A hazard tree is a tree that is physically damaged to the degree that it is clear that it is likely to fall and injure persons or
property. A hazard tree may also include a tree that is located within public rights of way and is causing damage to existing
public or private facilities or services and such facilities or services cannot be relocated or the damage alleviated. The
applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard or a foreseeable
danger of property damage to an existing structure and such hazard or danger cannot reasonably be alleviated by treatment
or pruning.
2. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to AMC 18,61.084. Such
mitigation requirements shall be a condition of approval of the permit.
i
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 R Signs\2014\PA-2013-01935.docx
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 January 8, 2014 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 #2013-01935, 895 Oak Street.
Signature of Employee
Documentt 1/9/2014
PA-2013-01935 391E04BD 1304 PA-2013-01935 391E04BD 2005 PA-2013-01935 391E04AC 4500
AUSTBO KIRK W/ANGELA BARBER CAMPAGNA JESS A/SARA E COSTER GRANT JAY/COSTER LINDA
905 OAK ST 670 HELMAN ST 910 OAK ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2013-01935 391E04BD 2400 PA-2013-01935 391E04BD 1303 PA-2013-01935 391E04BD 2006
DALEY THOMAS W/SUSAN L DOWNEY SEAN M ENGELHARDT J/DIANE WILLIAMS
610 HELMAN ST 915 OAK ST 656 HELMAN ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2013-01935 391E04BD 2500 PA-2013-01935 391E04AC 4800 PA-2013-01935 391E04BD 1300
FIELDS JOHN ROBERT TRUSTEE ET GOLDEN CATHERINE M GOLDEN JEFFREY S
845 OAK ST 886 OAK ST P O BOX 1232
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2013-01935 391E04BD 1305 PA-2013-01935 391E04BD 1301 PA-2013-01935 391E04CA 3100
HEGLIE JEFFREY/M ELKOVICH KISH FAMILY TRUST ET AL NORMAN JULIE KAY
919 OAK ST 895 OAK ST 596 HELMAN
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2013-01935 391E04CA 200 PA-2013-01935 391E04CA 2901 PA-2013-01935 391E04BD 1302
NORTHCUTT JACK DBETTY A PASCHEN GERHARD ET AL QUACCIA ROBERT J/JANET B
1340 E MAIN 865 OAK ST 885 OAK ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2013-01935 391E04BD 2600 PA-2013-01935 391E04BD 2200 PA-2013-01935 391E04AC 4700
REYNOLDS JOHN R TRUSTEE SCHEER JOHN/SHEPARDSON LAURA SCHLIESMAN PAMELA
505 HELMAN HC 3 BOX 6780 900 OAK ST
ASHLAND, OR 97520 RINCON, PR 00677 ASHLAND, OR 97520
PA-2013-01935 391E04BD 2700 PA-2013-01935 391E04BD 1400 PA-2013-01935 391E04BD 2300
SCHOOL DISTRICT 5 SHULTERS SUSAN M SLYTER HOWARD M TRUSTEE ET AL
885 SISKIYOU BLVD 632 HELMAN ST 3621 E E CURTIS DR
ASHLAND, OR 97520 ASHLAND, OR 97520 SACRAMENTO, CA 95818
PA-2013-01935 391E04BD 1401 PA-2013-01935 39lE04BD 2100 PA-2013-01935 39IE04BD 2007
SNOW D REBECCA ET AL STOUT PROPERTIES LLC STREET GLENN/BARBARA C
PO BOX 337 215 LAUREL ST 642 HELMAN
ASHLAND, OR 97520 MEDFORD, OR 97501 ASHLAND, OR 97520
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Application for Permit
I'm hereby requesting approval for a permit to remove a dying and hazardous tree located at
the rear of my property at 895 Oak Street, in proximity to Ashland Creek, and situated in a
dense blackberry growth.
The tree in question has a common stump with five trunks emanating from it. Two of the
trunks have already fallen, unbalancing the tree, and at least one of the remaining three trunks
appears to have died. A large root from the stump has girded the stump and appears to be
strangling it.
The first trunk to fall fell across the creek to the west and hung up, extending several feet over
a neighbor's deck, threatening damage should a snow load or high wind dislodge it. The
second trunk snapped at approximately the ten foot level, the top part dangling from its
tenuous break point, to hang up approximately six feet over and threatening a path to the
creek.
Of the remaining three standing trunks, one appears to be dead and is hanging over the same
path leading down to the creek from the east, another angles out over the creek to the north,
and the last angles out over my adjacent neighbor's property, to the northeast.
I propose logging up and removing the fallen trunks and cutting down and removing the
remaining dead and dying ones. I propose leaving the stump in place to mitigate erosion
concerns.
As the stump will remain in a dense blackberry growth, replacement of the tree with another in
the immediate area would be unfeasible and disruptive. I propose to plant two replacement
trees on the east side of the blackberry growth, approximately twenty five feet away from the
creek. In addition, I propose planting a dozen fruit trees of various varieties in the open space
between the riparian area and my house.
Please find enclosed sketches of the plan and the $28 application fee.
Sincerely,
Stephen Kish
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ZONING PERMIT APPLICATION
+ Planning Division
51 Winburn Way, Ashland OR 97520
C I T Y o F 541-488-5305 Fax 541-488-6006 FILE #
ASHLAND
DESCRIPTION OF PROJECT A -1 A 11 0 6 0 7A F~ 1-Y 0 If A
DESCRIPTION OF PROPERTY Pursuing LEED® Certification? El YES NO
Street Address OAK 5
Assessor's Map No. 39 1 E Tax Lot(s)
Zoning Comp Plan Designation
APPLICANT
Name T Y f16: f > /s /4 Phone 0 r' E-Mail M d/ 06 l /rte 7- 5 Address 1 f J ~ l ~ r 1 city zip. 9 250
PROPERTY OWNER
Name S %1=Pljbllf f l ~ Phone J y ,
E-Mail %ff/~iJ'~ !7 ~'ct)-Sf'1 ~ C°r
.Address 04 City A 1-4' P Zip % i Q 171
SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER
Title Name Phone E-Mail
Address City Zip
Title Name Phone E-Mail
Address City Zip
1 hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects,
true and correct. I understand that all property pins must be.shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their
location found to be incorrect, the owner assumes full responsibility, t 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 fumished 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 rage 1 suit likely in no o Llyth~ r u s t being set aside, but also possibly in my eing built in reliance thereon being required to
be removed at my ex e. 1 a ny doubts, I vi ed o seek competent professional advice and sslstance
ZO)
Applicant's Sign ture Date
As owner of the prope t'vol d 1 this reque jhav dand understood the complete application anconsequences to me as a property
owner. -70
Property Owner's Signature (required) Date
[To be completed by city Slaft[
Date Received Zoning Permit Type Filing Fee $
OVER 0
GAco=-dev\plenning\Forms & Aandouts\Zoaing Permit Applicatiomdoc
Job Address: 895 OAK ST Contractor:
ASHLAND OR 97520 Address:
C
A Owner's Name: STEPHERN/DIANE KISH O Phone:
F N State Lie No:
~ Customer 07592
L
STEPHERN/DIANE KISH T City Lie No:
Applicant: 895 OAK ST R
I Address: ASHLAND OR 97520 A
C C Sub-Contractor:
A Phone: T Address:
N Applied: 12/26/2013 0
T Issued:
Expires: 06/24/2014 R Phone:
State Lie No:
Maplot: 391 E04BD1301 L- J City Lie No:
DESCRIPTION: Tree Removal - hazardous tree.
VALUATION
Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description
Total for Valuation:
MECHANICAL
IE- ELECTRICAL
STRUCTURAL
PERMIT FEE DETAIL
Fee Description Amount Fee Description Amount
Tree Removal/Verification 28.00
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.onus
Inspection Request Line: 541-552-2080 CITY F
I hereby certify the contents of this application to be correct to the
best of my knowledge, and furthermore, that I have read, Fee Summary Paid Amounts
understood and agreed to the following: Building: $ 0.00 $ 0.00
1. This permit shall remain valid only in accordance with code State Surcharge: $ 0.00 $ 0.00
or regulation provisions relating to time lapse and revocation Development Fees: $ 0.00 $ 0.00
(180 days).
2. Work shall not proceed past approved inspection stage. All Systems Development Charges: $ 0.00 $ 0.00
required inspections shall be called for 24 hours in advance. Utility Connection Fees: $ 0.00 $ 0.00
3. Any modifications in plans or work shall be reported in
advance to the department. Public Works Fees: $ 0.00 $ 0.00
4. Responsibility for complying with all applicable federal, state, Planning Fees: $ 28.00 $ 28.00
or local laws, ordinances, or regulations rests solely with the
applicant. Sub-Total: $ 28.00
Fees Paid: $ 28.00
Applicant Date Total Amount Due: $
COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 East Main St. Fax: 541-488-5311
Ashland, OR 97520 TTY: 800-735-2900
www.ashland.ocus
Inspection Request Line: 541-552-2080 CITY F