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ITS OF
ASHLAND
May 6, 2015
Notice of Final Decision
On May 6, 2015, the Community Development Director approved the request for the following:
Planning Action: 2015-00568
Subject Property: 854 A Street
Applicant: Ilene Rubenstien/Mark Frueh
Description: A request for alree Removal Permit to remove a hazard tree - an approximately
30-inch diameter Black Locust - from the property at 854 A Street, (Another tree, also an
approximately 30-inch diameter Black Locust was approved for immediate removal as an
emergency because the soil and roots at its base had begun to heave and the tree was leaning at
approximately a 45 degree angle and posed an immediate risk to structures and people in the
vicinity.) COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S
MAP: 391 E 09AA; TAX LOT: 6600.
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The Community Development Director's decision becomes final and is effective on the 12th day after the
Notice of Final Decision is mailed. Approval is valid for a period of 18 months and all conditions of approval
identified on the attached Findings are required to be met prior to project completion. j
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) 18.5.1.050(F) and/or
file an appeal to the Ashland Planning Commission as provided in ALUO 18.5.1.050(G). 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 Derek Severson, in the Community
Development Department at (541) 488-5305.
cc: Parties of record and property owners within 200 ft
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY; 800-735-2900
www.ashland.or.us C
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SECTION 18.5.1.050 Type I Procedure (Administrative Decision with Notice)
E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to subsection
18.5.1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision.
F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below.
1. Any party entitled to notice of the planning action, or any City department 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.
2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall decide
within three days whether to reconsider the matter.
3. If the 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 days to affirm, modify, or reverse the original decision.
The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any party entitled to notice of the
planning action.
4. 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,
G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following:
1. Who May Appeal. The following persons have standing to appeal a Type I decision.
a. The applicant or owner of the subject property,
b. Any person who is entitled to written notice of the Type I decision pursuant to subsection 18.5.1.050.8,
c. Any other person who participated in the proceeding by submitting written comments on the application to the City by the
specified deadline.
2. Appeal Filing Procedure.
a, Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5,1.050.G.1, above, may appeal a Type
I decision by filing a notice of appeal and paying the appeal fee according to the procedures of this subsection. 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, If an appellant prevails at the hearing or upon subsequent appeal, the fee for the
initial hearing shall be refunded.
b. Time for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of decision is
mailed.
c. Content of Notice of Appeal. The notice of appeal shall be accompanied by the required filing fee and shall contain.
i. An identification of the decision being appealed, including the date of the decision,
ii. A statement demonstrating the person filing the notice of appeal has standing to appeal.
iii. A statement explaining the specific issues being raised on appeal,
iv. A statement demonstrating that the appeal issues were raised during the public comment period.
d. 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.
3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before the Planning
Commission. The appeal shall not be limited to the application materials, evidence and other documentation, and specific issues
raised in the review leading up to the Type I decision, but may include other relevant evidence and arguments. The Commission
may allow additional evidence, testimony, or argument concerning any relevant ordinance provision.
4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type II public hearing procedures, pursuant to
section 18,5.1.060, subsections A - E, except that the decision of the Planning Commission is the final decision of the City on an
appeal of a Type I decision. A decision on an appeal is final the date the City mails the adopted and signed decision. Appeals of
Commission decisions must be filed with the State Land Use Board of Appeals, pursuant to ORS 197.805 -197.860.
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900 i
www.ashland.or.us
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: PA-2015-00568
SUBJECT PROPERTY: 854 A Street
OWNER/APPLICANT: Ilene Rubenstien/Mark Frueh
DESCRIPTION: A request for a Tree Removal Permit to remove a hazard tree - an
approximately 30-inch diameter Black Locust - from the property at 854 A Street. (Another tree, also
an approximately 30-inch diameter Black Locust was approved for immediate removal as an emergency
because the soil and roots at its base had begun to heave and the tree was leaning at approximately a 45
degree angle and posed an immediate risk to structures and people in the vicinity.)
COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP:
39 lE 09AA; TAX LOT: 6600.
SUBMITTAL DATE: March 27, 2015
DEEMED COMPLETE DATE: April 3, 2015
STAFF APPROVAL DATE: May 6, 2015
DEADLINE TO APPEAL (4:30 p.m.): May 18, 2015
FINAL DECISION DATE: May 19, 2015
APPROVAL EXPIRATION DATE: May 19, 2016
DECISION
The current application is a request for a Tree Removal Permit to remove one hazard tree, an
approximately 30-inch diameter-at-breast-height (d.b.h.) Black Locust Tree identified as Tree #2, from
the property at 854 A Street. Another tree, also an approximately 30-inch d.b.h. Black Locust, was
ministerially approved for immediate removal as an emergency because the soil and roots at its base had
begun to heave and the tree was leaning at approximately a 45-degree angle and posed an immediate
risk to structures and people in the vicinity.
To be deemed a hazard, the applicant must demonstrate that the condition or location of a tree presents a
clear public safety hazard (i. e., that the tree is likely to fall and injure persons or property) or that there
is a foreseeable danger of property damage to an existing structure or facility, and that such hazard or
danger cannot reasonably be alleviated by treatment, relocation, or pruning. Based on the materials
provided by the applicant's arborist, while the tree was not leaning and posed no immediate risk of
collapse, the tree was "geriatric, very much in decline, and... shedding significant mass branches of all
sizes and is very much a hazard to structures, automobiles, bicycles and pedestrians in the area." The
arborist notes that the tree had sparse vegetation, a general lack of health, and was suffering from
significant and random breakage of even larger limbs up to five-inches in diameter. The arborist's
determination was that the tree was very weak, declining, heavy and hazardous. The arborist proposed
to prune the tree's canopy significantly to reduce it to safe, live limbs and observe it for likely fall
removal at a later date. The application materials note that the property owners are developing a
landscape plan for the site which will include trees to mitigate this removal.
The Ashland Tree Commission reviewed the request at its regular meeting on April 9, 2015.
Commissioners noted that they had made site visits, and did not believe that the tree had much
remaining viability and recommended that the request be approved as submitted, with the removal to be
PA 92015-00568
854 A Street/dds
Page 1
mitigated as proposed by the applicant. There were no public comments submitted during the public
comment period or during the Tree Commission meeting.
The criteria for a Tree Removal Permit for the removal of hazard trees are described in AMC
Chapter 18.5.7.040.B as follows:
1. Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority finds that the application
meets all of the following criteria, or can be made to conform through the imposition of conditions,
a. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard
(i.e., likely to fall and injure persons or property) or a foreseeable danger of property damage to an existing
structure or facility, and such hazard or danger cannot reasonably be alleviated by treatment, relocation, or
pruning. See definition of hazard tree in part 18.6.
b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to section
18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit.
Planning Action #2015-00568, a request to remove one hazard tree, complies with all applicable City
ordinances with the imposition of the conditions attached below. Planning Action #2015-00568 is
therefore approved to allow the removal of one hazard tree 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 #2015-00568 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 specifically
modified herein.
2. That the applicants shall obtain a Tree Verification Permit prior to the tree removal. The tree to
be removed shall be tagged by number and identified for removal with tape, inspected, and
approved by the Staff Advisor prior to the removal.
3. That the removal shall be mitigated as provided in AMC 18.5.7.050 within one year of the
.re val.
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May 6, 2015
ill Moln , Director Date
Depart nt of Community Development
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PA #2015-00568
854 A Street/dds
Page 2
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 May 6, 2015 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
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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 #2015-00568, 854 A Street.
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Signature of Employee
DoeumeW 5/6/2015
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PA-2015-00568 391 E09AA 6900 PA-2015-00568 391 E09AA 7400 PA-2015-00568 391 E09AA 7200
ADLEMAN ALAN R ANDREAE SYPKO/SHAFFER CAROLYN AUBIN-ADDICOTT SUZANNE TRUSTEE
886 A ST 234 SEVENTH ST 115 BROOKS LN
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-00568 391 E09AB 2800 PA-2015-00568 391 E09AA 7700 PA-2015-00568 391 E09AB 2700
BOETTIGER JOSHUA/VANESSA G DANLEY WILLIAM E JR TRUSTEE ET AL GLEAVES JAMES C
247 SEVENTH ST 871 B ST 121 S PACIFIC HWY
ASHLAND, OR 97520 ASHLAND, OR 97520 TALENT, OR 97540
PA-2015-00568 391 E09AA 7800
PA-2015-00568 391 E09AA 7300 KgPLAN-STANTON ALENE H PA-2015-00568 391 E09AA 7000
GREENE DAVID E TRUSTEE STANTON JOHN M JR MCCULLOH KENNETH S/STAYCE E
367 OXFORD ST 885 B ST 271 N MOUNTAIN AVE
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-00568 391 E09AA 7500 PA-2015-00568 391 E09AA 6700 PA-2015-00568 391 E09AA 7600
MKH PROPERTY MANAGEMENT MUNROE ROBERT W RAGEN DANIEL A JR
COMPANY LLC 864 A ST 855 B ST
2022 CRESTVIEW DR ASHLAND, OR 97520 ASHLAND, OR 97520
ASHLAND, OR 97520
PA-2015-00568 391 E09AA 6500 PA-2015-00568 391 E09AA 6800 PA-2015-00568 391 E09AA 7100
RUBINSTEIN ILENE SATUREN STEVEN L ET AL SCHAAF NED TRUSTEE ET AL
854 A ST 265 STEINMAN DR 175 NEIL CREEK RD
ASHLAND, OR 97520 ' ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-00568 391 E09AA 6200
PA-2015-00568 391 E09AB 2000 PA-2015-00568
UNION PACIFIC RR CO PROPERTY TAX I WELLS SANDRA L ET AL !MARK FRUEH
DEPARTMENT PO BOX 578 '927 OAK ST
1400 DOUGLAS - STOP 1640
OMAHA, NE 68179 ASHLAND, OR 97520 ,ASHLAND, OR 97520
PA-2015-00568
RUBINSTEIN ILENE
435 N FOURTH ST #4
JACKSONVILLE, OR 97530
854 A Street
5/6/2015 NOD
119
CITY F
ASHLAND
TREE COMMISSION
Minutes April 9, 2015
CALL TO ORDER - Vice Chair Ken Schmidt called the meeting of the Ashland Tree Commission to order at 6:00
p.m. on April 9, 2015 in the Siskiyou Room of the Community Development and Engineering Services Building
located at 51 Winburn Way, Ashland, Oregon.
Commissioners Council Liaison
Ken Schmidt Carol Voisin
Gregg Trunnell, absent Staff
Russ Neff Derek Severson, Associate Planner
Casey Roland Carolyn Schwendener, Admin
Christopher John Pete Baughman, Parks Liaison
Zechariah Heck, Assistant Planner
APPROVAL OF MINUTES
Neff/Roland m/s to approve the minutes of the March 5, 2015 Tree Commission meeting. Minutes were approved as
presented.
AUDIENCE INTRODUCTIONS
Brandon Goldman - Senior Planner for the City of Ashland was present to speak to the agenda item "Wildlife Zone Code
Changes."
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Michael Dawkins - Planning Commissioner was present to observe the meeting.
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Ron Roth - Ashland citizen for 39 years was present to speak at the public forum.
Maureen Battistella - Introduced herself and expressed her interest in joining the Tree Commission
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Zechariah Heck - New City Planner who replaced Michael Pina was introduced to the Commission.
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ANNOUNCEMENTS & LIAISON REPORTS
City Council Liaison -Voisin gave a Council update. The Council made the decision to appoint Police Sergeant Tighe
O'Meara as the acting Police Chief while the City is waiting to do interview for the new Chief. The Council passed a $75,000
allocation for a Public Arts Commission project at the alleyway next to the Varsity Theater. This was part of the Downtown
Beautification project. The Council passed the $38 million dollar capital improvement project that was needed to keep
infrastructure up to date and in good order. The Inter-Governmental Agreement (IGA) with ODOT for the Welcome Center was
approved. Voisin said that the Lithia Artisan Market will be hanging pennants on two light poles along Winburn Way. The
Council agreed to not charge the Chamber of Commerce for the Halloween Parade as they designated the parade a special
event. The second reading of Accessory Travelers Accommodation Ordinance was passed.
Parks & Recreation Liaison - Baughman reminded the Commissioners of the Arbor Day tree planting tomorrow April 10, 2015
at 10:00 am at the new City Park located at 27 East Hersey. Roland is providing the tree and any help with the planting will be j
much appreciated.
Community Development Liaison - Severson acknowledged that several newspaper articles have recently been written
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regarding the removal of the tree located at 380 Clay Street. The articles stated that the Tree Commission would be reviewing
the tree removal at this evening's meeting. That is incorrect. It is not on the agenda and an application has not been submitted
at this time. Severson cautioned the Commissioners that if anyone speaks about the tree this evening during public forum not
to engage in the conversation. The application will most likely be submitted in the next month or two at which time the
Commissioners will review it as a quasi-judicial matter.
Severson called attention to the Tree City USA plaque that the City of Ashland recently received. Ashland is one of only three
cities in the State of Oregon to be awarded the designation of Tree City USA for thirty years or more. The City also received a
flag which was suggested to be used at the Arbor Day Celebration event.
PUBLIC FORUM
Ron Roth, 6950 Old Hwy 99 South - Mr. Roth asked a few rhetorical questions. What is the definition of a hazard tree?
Does a licensed arborist have to give a report explaining why a tree is designated hazardous? What is a Heritage Tree? Is
extra protection provided for a Heritage Tree? Should a Tree of the Year automatically become a Heritage Tree? Mr. Roth is
interested in the preservation of the Cottonwood Tree located at 380 Clay Street. He will attend the Tree Commission meeting
when the Commissioners review the application for the removal of that tree.
Rich Rosenthal, 1228 Rose Lane - Mr. Rosenthal congratulated staff in achieving the thirty year designation for Tree City
USA. He suggested after the Arbor Day festivities that the Flag should fly at City Hall. Mr. Rosenthal pointed out that the
membership of the Tree Commission has been consistently small. This is a seven member Commission though there is
seldom more than four members present at any given meeting, stated Mr. Rosenthal. He encouraged the Commissioners to
help with the recruiting of more members as it would be great to have a full membership.
At the March City Council meeting the Tree Commission Chair, Gregg Trunnell, presented the annual report. Mr. Rosenthal
suggested that the Tree Commission review their process in the selection and methodology of selecting the Tree of the Year.
When a tree selection is involved in a major land use consideration it may appear that the Commission, a Commissioner or
Commissioners are involved in manipulating that land use consideration.
Mr. Rosenthal emphasized that the Commissioners need to be aware of what the message and content is that is presented to
the City Council from the Tree Commission. Be aware of what the comments are, your signatures are on it, know what the
message is.
Voisin asked Mr. Rosenthal if he was speaking as a City Councilor or citizen. He confirmed he was speaking as a citizen.
TYPE 1 REVIEWS
PLANNING ACTION: PA-2015-00423
SUBJECT PROPERTY: Vacant lot to the east of 308 Laurel St.
APPLICANT: Urban Development Services LLC
OWNER: Fred Cox
DESCRIPTION: A request for a Site Review approval to construct a new 9,876 square foot, two and one half-story
mixed-use building on the vacant property located between 145 E Hersey and 308 N Laurel Street. Four residential units above
the ground floor commercial space is proposed. The request includes. an exception to reduce the required sidewalk width from
eight feet to six feet to accommodate an on-street parking bay.
Mark Knox, Urban Development Services was present to represent the applicant and answer any questions. The applicant is
requesting to construct a two story mixed-use building on Hersey Street between Helman and Laurel. Mr. Knox explained that
Tom Madera prepared the landscaping plans which are pretty basic.
The Commissioners asked the applicant if he would be willing to plant 3" caliper trees rather than the proposed 1.5" caliper.
The applicant agreed.
Neff/John m/s to approve the landscaping plan. Motion was approved
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PLANNING ACTION: PA-2015-00425
SUBJECT PROPERTY: 185 Skycrest
APPLICANT: Eric Hansen
DESCRIPTION: A request for Physical and Environmental Constraints Review approval to allow for the
construction of a new single family home, garage and carport. The request includes approval for development on Severe
Constraints Land and a request to remove five Madrone trees greater than six-inches in diameter at breast height. The subject
property is located at 185 Skycrest.
Severson handed out a revised landscaping plan and explained that this is a hillside property which is subject to the Physical &
Environmental Constraints Ordinance. The applicant is requesting to remove five Madrone trees greater than six-inches in
diameter at breast height. All five of these trees are located within the building envelope.
Schmidt, Neff and John did a site visit Casey did not. The Commissioners suggested replacing one of the proposed trees
possibly the Sugartime Crabapple with a native tree such as an Oak 1 '/2 " to 2" caliper ten foot native tree was suggested.
John/Roland m/s to approve the landscaping plan with the recommendation of the tree substitution. Motion passed
PLANNING ACTION: PA-2015-00541
SUBJECT PROPERTY: 345 Lithia Way
OWNER/APPLICANT: Hays Oil, Kistler, Small & White Architects for Double R Products
DESCRIPTION: A request for a modification of a previously approved Site Review approval (PA-2014-01226) to convert the
Lithia Way Texaco located at 345 Lithia Way into a retail and restaurant establishment. The proposal is to add an outdoor
seating area adjacent to the building on the south facade adjacent to Lithia Way and modification to the proposed exterior
finishes.
All the Commissioners did a site visit. Severson reminded the Commissioners they saw this application in a different form back
in September. The applicants are requesting to make some exterior changes to the building. This proposal is not modifying
their landscaping very much. The Commissioners discussed the width of the planters for the trees. They appear to be two to
three feet wide. Would structural soil be appropriate? A root barrier along the sidewalk edge was suggested. It was also
conveyed that a continuous tree pit would be a better choice rather than the three holes so that the roots can spread out. A
typical street tree grate is five by five.
The Commissioners agreed that a narrower exposed planting area would be acceptable with structural soil to accommodate the
roots better. The more area the trees have the less problems they will have down the road. Consider tree protection on the
inside edge.
Neff/John m/s to accept the landscaping plan with the suggested recommendations. Motion passed
PLANNING ACTION: PA-2015-00568
SUBJECT PROPERTY: 854 A Street
OWNER/APPLICANT: Ilene Rubenstien/Mark Frueh
DESCRIPTION: A request for a Tree Removal Permit to remove a hazard tree - an approximately 30-inch diameter Black
Locust - from the property at 854 A Street. (Another tree, also an approximately 30-inch diameter Black Locust was approved
for immediate removal as an emergency because the soil and roots at its base had begun to heave and the tree was leaning at
approximately a 45 degree angle and posed an immediate risk to structures and people in the vicinity.)
All the Commissioners did a site visit. Severson explained that due to the amount of material coming out of the top of the tree and
the danger it proposed the applicant was given permission to trim it. The Commission did not feel the tree had a lot of longterm
viability left.
Roland/John m/s to approve removal with mitigation to follow. Motion passed.
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PLANNING ACTION: PA-2015-00603
SUBJECT PROPERTY: 95 North Main Street
OWNER/APPLICANT: Durant-Newton Trust/Randy Mason
DESCRIPTION: A request for a Tree Removal Permit to remove a hazard tree - an approximately 14-inch diameter Almond -
from the rear of Brother's Restaurant at 95 North Main Street. The project arborist notes that the tree is growing against the
deck and roof and damaging the existing structure on the property
All the Commissioners did a site visit. Severson said that the Arborist indicated that the tree is damaging the roof structure and
will continue to do so if they don't remove it. Severson will make sure they have permission from the neighbor before the
removal of the tree,
John/Roland m/s to remove the tree. Motion passed
PLANNING ACTION: PA-2014-02106
SUBJECT PROPERTY: 2352 Morada Ln.
APPLICANT/OWNER: Ron & Lisa Albano
DESCRIPTION: The Planning Commission will review staffs approval of a request for Site Review and
Conditional Use Permit approvals to construct a new approximately 1,000 square foot accessory residential unit behind the
existing home at 2352 Morada Lane, The item is being considered by the Planning Commission to correct an error in the
mailing of the notice of decision. [NOTE: The Tree Commission initially reviewed and made recommendations on this item at
the regular meeting on January 8, 2015.1
The Commission had recently reviewed this planning action but Severson explained that due to a clerical noticing error this
action will be going before the Planning Commission. A neighbor was not properly noticed and requested the opportunity to
express their concerns.
After a quick overview of the prior recommendations Neff//John m/s to let the prior motion stand. Motion approved.
DISCUSSION ITEMS
Wildfire Zone Code Changes - City Planner Brandon Goldman and Ashland Fire and Rescue Division Chief Chris Chambers
gave a review of the proposed changes to the wildfire zone.
On April 15, 2014 the Ashland City Council was presented with a wildfire land hazard analysis that was done by Ashland Fire and
Rescue. They are looking at expanding that wildfire zone throughout the city. The expansion will have a number of land use
implications. Currently when a building permit is applied for and the property is in a wildfire hazard area there are requirements
for primary and secondary fuel breaks,
Chambers gave an overview of how the ordinance came about, The Commissioners discussed some of the guidelines
surrounding this ordinance. Goldman and Chambers explained that they are hoping to comeback to the Tree Commission with
a draft ordinance at the June meeting to get the Tree Commissions formal recommendation that will be presented to the
Planning Commission and then City Council. In the meantime while this Ordinance is being drafted Goldman would
appreciate any feedback from the Tree Commission as well as others within the community.
NEW BUSINESS ITEMS FROM COMMISSIONERS
The Commissions agreed they are interested in having a table at the Earth Day Celebration. Roland will bring some small
trees.
ADJOURNMENT
Meeting adjourned at 7:25p.m.
Next meeting: May 7, 2015
Respectively submitted by Carolyn Schwendener
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C OF
Planning Department, 51 Winburn Way, Ashland, Oregon 97520 I T Y
541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 -Ac" -AN D
NOTICE OF APPLICATION
PLANNING ACTION: PA-2015-00568
SUBJECT PROPERTY: 854 A Street
OWNERIAPPLICANT: Ilene Rubenstien/Mark Frueh
DESCRIPTION: A request for a Tree Removal Permit to remove a hazard tree - an approximately 30-inch diameter
Black Locust - from the property at 854 A Street, (Another tree, also an approximately 30-inch diameter Black
Locust was approved for immediate removal as an emergency because the soil and roots at its base had begun to
heave and the tree was leaning at approximately a 45 degree angle and posed an immediate risk to structures and
people in the vicinity.) COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S
MAP: 39 1 E 09AA; TAX LOT: 6600.
NOTE: The Ashland Tree Commission will also review this Planning Action on Thursday, April 9, 2015 at 6:00 PM in the Community
Development and Engineering Services building (Siskiyou Room) located at 51 Winburn Way.
NOTICE OF COMPLETE APPLICATION: April 3, 2015
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: April 17, 2015
AST PA #2015-00568 _
854A STREET
SU BJECT PROPERTY
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0 510 201ae1 The Ashland Planning Division Staff has received a complete application for the property noted above.
Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn
Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above.
Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a
notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the
comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the
application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning
Division Staffs decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC
18.108.040)
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this
application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of
appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your
right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with
sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court.
A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be
provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services
Building, 51 Winburn Way, Ashland, Oregon 97520.
If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305.
Wcomm-dev\planning\Planning Actions\Noticing FolderWailed Notices & Signs\2015\PA-2015-00568.docx
TREE REMOVAL PERMIT
18.5.7.040.B Criteria for Issuance of Tree R muval Permit
B. Tree Removal Permit.
1. Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority finds that the application meets all of the
following criteria, or can be made to conform through the imposition of conditions,
a. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard (i.e., likely to fall and
injure persons or property) or a foreseeable danger of property damage to an existing structure or facility, and such hazard or
danger cannot reasonably be alleviated by treatment, relocation, or pruning. See definition of hazard tree in part 18.6.
b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to section 18.5.7.050. Such mitigation
requirements shall be a condition of approval of the permit.
2. Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted if the approval authority finds that
the application meets all of the following criteria, or can be made to conform through the imposition of conditions.
1. The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance
requirements and standards, including but not limited to applicable Site Development and Design Standards in part 18.4 and
Physical and Environmental Constraints in part 18.10.
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.
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.
4. Nothing in this section shall require that the residential density to 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 of alternate landscaping designs
that would lessen the impact on trees, so long as the alternatives continue to comply with the other provisions of this ordinance.
5. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to section 18.5.7.050. Such
mitigation requirements shall be a condition of approval of the permit.
G:\comm-dev\planning\Planning Actions\Noticing FolderWailed Notices R Signs\2015\PA-2015-00568.docx
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 April 3, 2015 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 #2015-00568, 854 A Street.
Signature of Employee
DocumeW 41312015
PA-2015-00568 391 E09AA 6900 PA-2015-00568 391 E09AA 7400 PA-2015-00568 391 E09AA 7200
ADLEMAN ALAN R ANDREAE SYPKO/SHAFFER CAROLYN AUBIN-ADDICOTT SUZANNE TRUSTEE
886 A ST 234 SEVENTH ST 115 BROOKS LN -
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-00568 391 E09AB 2800 PA-2015-00568 391 E09AA 7.700 PA-2015-00568 391 E09AB 2700
BOETTIGER JOSHUANANESSA G DANLEY WILLIAM E JR TRUSTEE ET AL GLEAVES'JAMES C
247 SEVENTH ST 871 B ST 121 S PACIFIC HWY
ASHLAND, OR 97520 ASHLAND, OR 97520 TALENT, OR 97540
PA-2015-00568 391 E09AA 7300 PA-2015-00568 391 E09AA 7800 PA-2015-00568 391 E09AA 7000
AN-STANTON ALENE H MCCULLOH KENNETH S/STAYCE E
GREENE DAVID E TRUSTEE STAN N JOHN
367 OXFORD ST 885 B ST M JR 271 N MOUNTAIN AVE
ASHLAND, OR 97520 885 B S ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-00568 391 E09AA 7500 PA-2015-00568 391 E09AA 6700 PA-2015-00568 391 E09AA 7600
MKH PROPERTY MANAGEMENT MUNROE ROBERT W RAGEN DANIEL A JR
COMPANY LLC 864 A ST 855 B ST
2022 CRESTVIEW DR
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-00568 391 E09AA 6500 PA-2015-00568 391 E09AA 6800 PA-2015-00568 391 E09AA 7100
RUBINSTEIN ILENE SATUREN STEVEN L ET AL SCHAAF NED TRUSTEE ET AL
854 A ST 265 STEINMAN DR 175 NEIL CREEK RD
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-00568 391 E09AA 6200 PA-2015-00568 391 E09AB 2000 PA-2015-00568
UNION PACIFIC RR CO PROPERTY TAX WELLS SANDRA L ET AL MARK FRUEH
DEPARTMENT PO BOX 578 927 OAK ST
1400 DOUGLAS - STOP 1640 ASHLAND, OR 97520 ASHLAND, OR 97520
OMAHA, NE 68179
PA-2015-00568
RUBINSTEIN ILENE
435 N FOURTH ST #4
JACKSONVILLE, OR 97530
854 A Street
4/3/2015 NOC
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Amy Gunter
From: Mark [frueh.mark@yahoo.com]
Sent: Friday, March 27, 2015 7:36 AM
To: amy.gunter@ashland.or.us
Subject: 854 A St Locusts
Attachments: image2.JPG; ATT00037.txt; image1.JPG; ATT00040.txt
Hi, Amy!
Here are pics and descriptions of one Locust to be removed and one to be significantly
reduced, with the expectation of imminent removal, as it declines.
Locust 1:
Locust one is a mature declining Black Locust located in the Western half of the front lawn
of 854 At St.
Though it's challenging to observe via pictures, the earth opposite the fall line of the
locust is heaving significantly, and the visible primary surface root has risen from the soil
almost 4'' in the last 10 days.
The earth around this root and the trunk continue to show cracking, breakage, movement, and
lift.
This Locust bowl contains three primary trunks that are collectively 30 inches wide with the
height of approximately 60 feet.
The two larger primary trunks/trees extend over property and have a significant lean, one in
excess of 45°.
For confirmation of shift, I hung a plumbob from the tree and it has shown travel since I
installed it.
19 years of experience as a climbing arborist tell me that this tree is an immediate an
imminent risk of falling and damaging several structures and is a threat to pedestrians as.
well.
As I understand them, and based on my conversations with you, this tree falls within the
City's guidelines for emergency removal.
Locust 2:
Black Locust number two is near the property line in the Eastern half of the front lawn of
854 A St.
This tree is roughly 30 inches in diameter and is a single trunk.
While.it is not leaning and at immediate risk of full collapse, this tree is geriatric, very
much in decline, and is shedding significant mass/branches of all sizes and is very much a
hazard to structures, automobiles, bicycles, and pedestrians.
Though it's fairly poor image, the sparseness and lack of health and significant and random
breakage of even of larger diameter material, is evident.
The more vibrant areas of this tree are light, 'anemic', only at the very tips, and few; only
remnants of the tree's former health.
Using my throw line for tests, I was bringing branches as much is 5 inches in diameter to the
ground - accidentally.
This is a very weak, declining, heavy, and hazardous tree. My intention is to significantly
reduce it to safe live tissue, and observe it for likely full removal, as the city allows.
I do not, never have, and never will top or pollard any tree.
c
Re-mediation: j
It is the homeowner's intention and desire to install a full landscape design after the trees
are addressed/removed.
She is already in talks with landscapers around plans for an installation, which will include
appropriate and thoughtfully choosing tree varieties.
Mark Frueh, 504-455-7125.
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ZONING PERMIT APPLICATION
Planning Division
CITY o \ 51 Winburn Way, Ashland OR 97520
541-488-5305 Fax 541-488-6006 FILE # P s~
ASHLAND
q
DESCRIPTION OF PROJECT
V4AUU AcAg!~~LzkQ-
DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? ❑ YES ❑ NO
Street Address
Assessor's Map No. 39 1 E Tax Lot(s)
Zoning Comp Plan Designation
APPLICANT
Name
Phone70G,1~ ~ 70-~ E-Mail t
Address _ oo"k r, City Zip
PROPERTY OWNER
Name _ tK 0 t. k .Phone dS ` . -Mail i ~ ~u C
Address_ f1d Lib F City zip
SURVEYOR EN-GIINNE~ER ARCHITECT LANDSCAPE ARCHITECT OTHER
TitleA 06\-Q Name Phone• ~E-Mail
Address h 1+ City Zip "V7 j
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 I produced sufficient factual evidence at the hearing to support this request,,
2) that the findings of fact furnished justifies the granting of the request;
3) that the findings of fact furnished by me are adequate; and further
4) that all structures or improvements are properly located on the ground.
Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to
be `emove Vatmj~"se. If 1 have any doubts, 1 am advised to seek competent professional advicle and assi Lance.
,applicant's Signature Date
As owner of the property inv I e in is request, I have read and understood the complete application and its consequences to me as a property
owner.
Z-Property Owner's Signature (required) Date
[To be completed by City Staff /
f [~T~
Date Received ~ Zoning Permit Type t~~ 1! Filing Fee $ Ede(
~(t OVER ~6
G: co -o-&%Apla. n g\F- & Handouts\Zoning Pemi t Applicatioadoc
I
Job Address: 854 A ST Contractor:
ASHLAND OR 97520 Address:
A C
P Owner's Name: ILENE RUBENSTEIN 0 Phone:
Customer 08213 N State Lie No:
P
P MARK FRUEH T City Lie No:
Applicant: R
I Address: A
C C Sub-Contractor:
A Phone: (505) 455-7125 T Address:
N Applied: 03/27/2015 0
T Issued: R
Expires: 09/23/2015 Phone:
State Lie No:
Maplot: 391 E09ABl700 City Lie No: k
DESCRIPTION: Tree removal ,
i
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 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.or.us
Inspection Request Line: 541-552-2080 CITY OF
SHLAND