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HomeMy WebLinkAboutPark_1027_PA-2014-01566 October 24, 2014 Notice of Final Decision On October 24, 2014, the Community Development Director approved the request for the following: Planning Action: 2014-01566 Subject Property: 1027 Park St. Applicant: David & Gina Heckley Description: A request for a modification of the approved building envelope from a 2005 Minor Land Partition (PA2005-230) located at 1027 Park Street. The application includes a request to remove three trees, two Sequoias, and a Cherry from the property. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 39 1E 15DA; TAX LOTS: 3402 The Community Development Director's decision becomes final and is effective on the 13th day after the Notice of Final Decision is mailed. Approval is valid for a period of one year and all conditions of approval identified on the attached Findings are required to be met prior to project completion. The application, all associated documents and evidence submitted, and the applicable criteria are available for review at the Ashland Community Development Department, located at 51 Winburn Way. Copies of file documents can be requested and are charged based on the City of Ashland copy fee schedule. Prior to the final decision date, anyone who was mailed this Notice of Final Decision may request a reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO) 18.108.070(B)(2)(b) and/or file an appeal to the Ashland Planning Commission as provided in ALUO 18.108.070(B)(2)(c). The ALUO sections covering reconsideration and appeal procedures are attached. The appeal may not be made directly to the Oregon Land Use Board of Appeals. If you have any questions regarding this decision, please contact 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: 541-488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 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: 541-488-5305 r 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA-2014-01566 SUBJECT PROPERTY: 1027 Park Street APPLICANT: Gina and Dave Heckley DESCRIPTION: A request for a modification of the approved building envelope from a 2005 Minor Land Partition (PA2005-230) located at 1027 Park Street. The application includes a request to remove three trees, a Sequoia, Cherry and Pine from the property. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 39 lE 15DA; TAX LOTS: 3402 SUBMITTAL DATE: September 8, 2014 DEEMED COMPLETE DATE: September 24, 2014 STAFF APPROVAL DATE: October 24, 2014 APPEAL DEADLINE: November 5, 2014 APPROVAL EXPIRATION DATE: November 5, 2015 DECISION: The subject property is located at 1027 Park Street, on the west side of Park. The lot was created in 2005 as part of the partition on 1031 Park Street (PA2005-00230). The subject property is zoned R-1-7.5, Single Family Residential; 7,500 square foot minimum lot area. The subject property has an area of 8,936 square feet a portion of this is the flag driveway. The developable area of the lot is 7,599 square feet in area. The property slopes downhill to the north approximately seven percent. The site is vacant of structures. There are five trees on the property. I The applicant's are requesting a building envelope modification and tree removal permit to modify the building envelope that was proposed and approved as part of the 2005 minor land partition. As part of the 2005 partition, a building envelope was proposed for the subject lot. The building envelope for the parcel prescribed the setbacks of 15-feet from the north property line, 10-feet from the south property line and 10-feet from the east and west property lines. The request is to reduce the setback along the south property line from 20-feet to 10-feet (Exhibit. A). Additionally, the applicants have requested a tree removal permit to remove three trees that were proposed to be retained during the 2005 partition. The three trees proposed for removal are a 30-inch diameter at breast height (DBH) Coast Redwood (Sequoiasenipervirnes), an ailing 13-inch DBH Cherry tree (Malts) and a 48-inch DBH Giant Sequoia (Sequoiadendron giganteum). The applicant retained a certified arborist to review the proposed building envelope modification and the arborist report and the applicant findings state that the cherry and the redwood are within or very near where the new residence will be constructed and will be negatively impacted by construction. In regards to the Giant Sequoia the findings describe the critical root zone (CRZ) and state that the CRZ of the sequoia will be adversely affected through the driveway installation and home construction. That a considerable portion of the root systems will be removed / damaged in order to facilitate the new construction and will create an unstable situation for the trees, causing a hazard. Additionally, the PA #2014-01566 1027 Park Street/ad- Page l `t applicant's findings address access issues created by the tree. With the large diameter, the rapid rate of growth and surface rooting nature of the Sequoia tree, compaction from the driveway installation regardless of materials will negatively impact the tree. According to written testimony received, the Giant Sequoia tree was planted as a landscape feature by a previous property owner. The Tree Commission reviewed the proposal at their October 2, 2014 meeting and found that the applicant's findings had not considered alternative site plans or placement of structures or alternate landscaping designs that would lessen the impact on trees. The Commission recommended denial of the application. Based on the concerns raised by the commission, the applicants's revised their request and. are retaining the building envelope on all sides except the north property line with a reduction in the proposed setback from 15-feet to 10-feet (Exhibit B). The proposed building envelope meets or exceeds the setbacks in the zone. This allows for the proposed structure to be moved to the north away from the redwood tree, retains the redwood tree and maintains the. 20-foot setback along the south property line. The request includes the removal of the Sequoia tree. In staff's review of the application since the Giant Sequoia will be removed, there is no need to shift the building envelope towards the Coast Redwood and it may be retained provided. The proposed building footprint fits within the building envelope that was originally designated and provides a 20-foot setback from the south property line. The Cherry tree is in decline and its removal is permitted. In staff's view., the proposed envelope modification is relatively minimal and complies with the required setbacks of the R-1 zone. Flag lots require driveway clearances of 15-feet wide, 12-feet of hard surface, and 13.5-feet of vertical clearance. In Staff's review of the proposal based on the location of the tree, approximately 15 feet from the north property line, in order to install a driveway that meets the requirements of the municipal code and the Oregon Fire Code for emergency vehicle apparatus access, the driveway would be at the minimum width to comply with the standards today leaving no room for future growth. The information submitted in the partition application from 2005 the Sequoia tree was 42-inches DBH, according the Arbori'st report the tree has grown to 48-inches DBH, this continued significant rate of growth would further compromise the available area for site access overtime. The trees removal will not have significant negative impacts on erosion or soil stability as the driveway construction will stabilize the soil. There are other conifer trees within 200-feet of the site and specifically, there is a Giant Sequoia in the front of the lot at 1031 Park Street. Staff approves the request to remove the Giant Sequoia tree and the Cherry tree and the request to modify the building envelope (Exhibit B) by reducing the setback along the north property line from 15 feet to 10 feet. The criteria for issuance of the approval of a modification of a previously approved partition are described in AMC 18.76.050 as follows: An application for a prelirninar y partition shall be 'approved when the following conditions exist: A. The future use for urban Purposes of the remainder of the tract i4,ill not be impeded. B. The development of the remainder of any adjoining land or access thereto 14'ill not be impeded. C. The tract of land has not been partitioned for 12 months. PA #2014-01566 1027 Park Street/adg Page 2 ti D. The partitioning is not in conflict with any lain, ordinance or resolution applicable to the land. E. The partitioning is in accordance with the design and street standards contained in the Chapter 18.88, Perf0r7nance Standards Options. (ORD 2836, 1999) F. Tf7hen there exists adequate public facilities, or proof that such facilities can be provided, as deterrni7ned by the Public [Forks Director and specified by City documents, for water, sanita7 y sewers, storm selve7-, and electricity. G. When there exists a 20 foot wide access along the entire streetf"outage of the parcel to the newest fully improved collector or arte7°ial street, as designated in the Comprehensive Plan. Such access shall be unproved with an asphaltic concrete pavement designed for the use of the proposed street. The minimum width of the street shall be 20 feet with all work done under perinit of the Public Works Department. 1. The Public Works Director may allow an unpaved street for access for a minor land partition when all of the following conditions exist.- a. The unpaved street is at least 20 feet wide to the nearestfully improved collector or arterial street. b. The centerline grade on any portion of the unpaved street does not exceed ten percent. 2. Should the partition be on an unpaved street and paving is not required, the applicant shall agree to participate in the costs and to waive the rights of the owner of the subject property to remonstrate both with respect to the owners agreeing to participate in the j cost of full street improvements and to not remonstrate to the formation of a local improvement district to cover such improvements and costs thereof. Full street improvements shall include paving, curb, gutter, sidewalks and the undergrounding of utilities. This requirement shall be precedent to the signing of the final survey plat, and if the owner declines to so agree, then the application shall be denied. H. Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from. the street. (ORD 2951, 2008) The criteria for issuance of a Tree Removal Permit as described in AMC 18.61.080 as follows: B. Tree that is Not a Hazard • The City shall issue a tree removal perinit 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 require7nents and standards, including but not limited to applicable Site Design and Use Standards and Physical and Environmental Constraints. The StaffAdvisor may require the building footprint of the development to be staked to allow for accurate verification of the perinit application; and 2. Removal of the tree ivill not have a significant negative impact on erosion, soil stability, flow of su7 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 deter7nination, PA #2014-01566 1027 Park Street/adg Page 3 t the Cite 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) Planning Action #2014-01566 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 #2014-01566 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 herein. 2) That tree protection fencing in accordance with the 2005 tree protection and preservation plan excepting the Giant Sequoia (#1) and Cherry. (#2) trees shall be installed in compliance with AMC 18.61.200. The tree protection fencing shall be inspected by the Staff Advisor prior to any site work or storage of materials, and prior to the issuance of the building permit. 3) That the project arborist shall review the building permit submittals and plan to make recommendations regarding the foundation construction. Any measures and inspections suggested by the arborist shall be instituted and a report from the project arborist summarizing the completion of the measures submitted -prior to the issuance of the certificate of occupancy. The project arborist shall be on site during the excavation of the site and shall hand prune any roots of the tree that are greater than 2-inches in diameter at breast height. 4) That building permit submittals shall include: a) Lot coverage calculations including all building footprints, driveways, parking, and circulation areas shall provided on the building permit submittals. Lot coverage shall be limited to no more than 45 percent in accordance with 18.20.020.F. b) That solar setback calculations demonstrating compliance with Solar Setback Standard A in accordance with 18.70.040.A. Solar setback calculations, an elevation or cross section identifying the highest shade producing point and the height from natural grade shall be submitted with the building permit. c) Three parking spaces situated in a manner which eliminates the necessity for backing out shall be shown on the building permit submittals. The spaces shall be installed prior to issuance of the certificate of occupancy. d) That all easements, including public utility easements shall be identified on the building permit submittals. 5) Prior to the issuance of a certification of occupancy: a) The flag driveway shall be installed prior to issuance provide a clear width of 15 feet, and a paved width of 12 feet as indicated in the 2005-00230 application. The flag driveway shall be construction so as to prevent surface drainage from flowing over the sidewalk or public way in accordance with 18.76.06.0.B. The flag PA 92014-01566 1027 Park Street/adg Page 4 driveway shall be screened with a site-obscuring fence, wall or hedge in accordance with 18.76.060.E. b) That the requirements of Ashland Fire and Rescue shall be met, including but not limited to installation of a fire hydrant or fire sprinkler system, installation of fire apparatus access, and installation of smoke alarms complying the current O.R.S. requirements prior to the issuance of the certificate of occupancy. C) That the proposed mitigation tree, a five - six foot tall evergreen tree shall be planted on-site prior to issuance of the certificate, of occupancy. October 24, 2014 (Brandon Goldman, S nior Planner Date Department of Community Development r: PA #2014-01566 1027 Park Street/adg Page 5 PA-2014-01566 391E15DA 2300 PA-2014-01566 391E15DA 2400 PA-2014-01566 391E15DA 2500 GERRARD MICHAEL EADIE STEPHEN/ANNE MUSTARD SHANE T/AMANDA S/MARGARET 1050 PARK ST 1044 PARK ST 1060 PARK ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA=2014-01566 391E15DA 2600 PA-2014-01566 391E15DA 2700 PA-2014-01566 391E15DA 2800 CRUCE JARED/SUZANNE KANE MATTHEW/KATHLEEN HUNTINGTON GARY 1030 PARK ST 1024 PARK ST M/SANDRA I ASHLAND, OR 97520 ASHLAND, OR 97520 1000 PARK ST ASHLAND, OR 97520 PA-2014-01566 391E15DA 3106 PA-2014-01566 391E15DA 3111 PA-2014-01566 391E15DA 3200 MOHATT EVELYN P TRUSTEE ETTLICH ERNEST E/SHIELA R CURL PAMELA 7100 ADAMS RD 1053 BESWICK WAY 1000 BESWICK WAY TALENT, OR 97540 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-01566 391E15DA 3201 PA-2014-01566 391E15DA 3300 PA-2014-01566 391E15DA 3301 SCHILLING WENDY/A D KANNASTO HARRY R/SHIRLEY STRAUMAN BRUCE E TRUSTEE KENNER 1015 PARK ST 1018 BESWICK WAY 995 PARK ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-01566 391E15DA 3400 PA-2014-01566 391E15DA 3401 PA-2014-01566 391E15DA 3402 WURIAN HANS LARSON PARK LLC HECKLEY DAVID BLAKE PO BOX 751 27470 LOMA DEL REY TRUSTEE ET AL REDWAY, CA 95660 CARMEL, CA 93923 135 MORNINGLIGHT DR ASHLAND, OR 97520 PA-2014-01566 391E15DA 3500 PA-2014-01566 391E15DA 3501 PA-2014-01566 391E15DA 3502 RHUDY SUZANNE GONCZ EDWARD J TRUSTEE GONCZ EDWARD J TRUSTEE 1056 BESWICK WAY 245 IVYBROOK LN 1047 PARK ST ASHLAND, OR 97520 COLORADO SPRINGS, CO 80906 ASHLAND, OR 97520 PA-2014-01566 391E15DA 3503 PA-2014-01566 391E15DA 3504 PA-2014-01566 391E15DA 3600 LYTJEN JANICE G KING BETHANY SABIN DONNA RAE TRUSTEE 1059 PARK ST 1070 BESWICK WAY 1075 PARK ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-01566 391E15DA 3710 PA-2014-01566 391E15DA 3802 PA-2014-01566 391E15DA 5600 GORSCH-NIES UDO L/SABINA ETTLICH ERNEST E/SHEILA R BEKERMEIER DAVID C 1086 BESWICK WAY 1053 BESWICK WAY 1065 BESWICK WAY ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-01566 391E15DA 7500 PA-2014-01566 391E15DA 7600 PA-2014-01566 FROEHLICH ANDREW J/ANNA HOADLEY JERRY M/EILEEN SMITH KAREN 989 PARK ST 980 BESWICK WAY 165 JESSICA LANE ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-01566 PA-2014-01566 PA-2014-01566 STEVE LARSON - ELIZABETH SAGMILLER BARTLETT MICHAEL SLARSONBIZ@YAHOO.COM SAGMILLERE@GMAIL.COM 2288 OLD STAGE RD CENTRAL POINT, OR 97502 ~n , 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 October 24, 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 #2014-01566, 1027 Park St. Sign *re of Employee Document/ 1012312014 Array Gunter From: Amy Gunter [guntera@ashland. or.us] Sent: Friday, October 24, 2014 11:47 AM Subject: 1027 Park Street decision Attachments: Park_1027_PA2014-01566_fin.pdf; Park_1027_PA-2014-01566_NOD.pdf Hello, You submitted written comment during the public comment period regarding the proposed building envelope modification and tree removal at 1027 Park Street. Attached is the letter regarding the decision and the findings. Thank you. Amy Amy D. Gunter, Assistant Planner City of Ashland, Dept. of Community Development 20 E Main Street Ashland, OR 97520 phone: (541) 552-2044 fax: (541) 552-2050 TTY: (800) 735-2900 This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records law for disclosure and retention. If you have received this message in error, please contact me at (541) 552-2044. Thank you. 1 Am Gunter From: MAILER-DAEMON@yahoo.com Sent: Friday, October 24, 2014 11:47 AM To: guntera@ashland. or,us Subject: Delivery failure Message from yahoo.com. Unable to deliver message to the following address(es). i <-ieffsan52pyahoo.com>: This user doesn't have a yahoo.com account (jeffsan52(@yahoo.com) [0] Original message follows. The original message is over 5K. Message truncated. Return-Path: <guntera(@ashland.or.us> Received-SPF: none (domain of ashland.or.us does not designate permitted sender hosts) X-YMailISG: A91xS1EWLDtEGeWzy.zYg7KdsSwdoVtp52YfhVdtOgYxJvVN uT18jy9OKUmfQSERw2rO9G9ZY.yiEfCTlWfZgc2rFwU4KGKOz6SLQbfXyov7 liplgFkUDoH18QZNdcIH1M.MgCSoCHoC6V4kRT7T6gkHamVtEILUtAgTACda 5hgnV3ISLwOQz1QOVwc2CguWwfy_8jadLyPGNe4GjmntI2gO7WxC4Dxg4ECi pIwgVgTaEKeOVgpummTotiskLOxtArIITpWydRO5idOC8JtjybPvgzBEEkQB PGryOTICgkzlbYig5ZKowPptYuws8WIzGP3BmJ.nz2_B_D7KfQHtlMhCibw ACavOG9tCoxh418KB32rms.jOCT3yLT90fyZveJ4TpINR5Z43gAgToe4EWyy aBXFwdo28I5lnHNvmjkeCSVepfIKGwh7DbppFhajoMG4t5lZeNrVM3wNQXFW sJQOLsMHo5ldBDcgOCVyMP4hvSMkvwBRfhIeN6tbWxXSzkVrw8EYfenQU5ZS Sp400ljRgDVPisI.KRAWPo3MRZK.zwDmtFtfEN6W3Wyx6ugakCBylk8bTli1 Px1GQNk8V2VpLRpk7ljXjHGSOjhXAGzOec58Z_1FyUT2iQgx27h4EJtisuMt BOBnw8LEpllVm6hwJZ_m5Hx5CMKJxKV1Az5EYgzCrtDD.vO_2RBfIkrwOXYb , zihO0y6Wvs_HCRt6.117SyemaoO03w6vpOLEZjWFK115mORJaCsRIHHeDzBb xrunzwOV20bf1Aj73GLig2xOQRO.Ihy7ichq.ukLfMyflsC2uePd.HjA.3P7 aAFgAcrj_BDfflXpu6KQyhGLPLyIFT.owM3zVHQF5n.LPpTZkkfCi8SH7eys Szanm.GwrEHE4eWUTykheC9fg4GoCWvg59LdoSCL8wYG468W1v1E_nKVRiXp lxjYwrstw6I4s4lA4jl7Mu.SOFsGSo9_2 SAoEIcLV3RSX5ksyQC9iyamDvf yf3yoFaHQnLWldwbUNjil5VgF6POv93tS.1TWvsXQAjibTi4hY1Na5T7f rHT m6ev6VxfocheIFJkWji4Qz65TwpKvy5YAlEdCSgBvjxlQ6msSL1Tf7MQfc47 jch8czRR1Pci7fGCiXyPWSSoh1HZd_roD34SEOuSG5G1B2U49vVETpPMwuXX x1SxR2pV4yg4jaWxXuxQpHetKhggc8j35EUjIY7gYOnX1vUTZz.Gb18Ax7Wi jwCmMUxWsKen4Gz3EeQcm2PVXgj2gnt1GW5HOD6UghGw..djotnykmm.RgD.v1 dQ_vKXCUp7mvINcIfpeWjCIvyFO- X-Originating-IP: [66.241.64.53] Authentication-Results: mta1569.mail.ggl.yahoo.com from=ashland.or.us; domainkeys=neutral (no sig); from=ashland.or.us; dkim=neutral (no sig) Received: from 127.0.0.1 (EHLO zimbra.ashland.or.us) (66.241.64.53) by mta1569.mail.ggl.yahoo.com with SMTP; Fri, 24 Oct 2014 18:47:21 +0000 Received: from localhost (localhost.localdomain [127.0.0.1]) by zimbra.ashland.or.us (Postfix) with ESMTP id DB6D2DC90ODF; Fri, 24 Oct 2014 11:47:20 -0700 (PDT) X-Virus-Scanned: amavisd-new at zimbra.ashland.or.us Received: from zimbra.ashland.or.us ([127.0.0.1]) by localhost (zimbra.ashland.or.us [127.0.0.1]) (amavisd-new, port 10024) with ESMTP id GMtLfrotl8hD; Fri, 24 Oct 2014 11:47:12 -0700 (PDT) Received: from zimbra.ashland.or.us (zimbra.ashland.or.us [66.241.64.53]) by zimbra.ashland.or.us (Postfix) with ESMTP id 4AO24DC9004E; i h Fri, 24 Oct 2014 11:47:14 -0700 (PDT) From: "Amy Gunter" <Runterapashland.or.us> Subject: 1027 Park Street decision Date: Fri, 24 Oct 2014 11:47:12 -0700 (PDT) Message-ID: <ebab148a.000003b8.0000000d(@PLANNING04.coa.local> MIME-Version: 1.0 Content-Type: multipart/mixed;. boundary="----= NextPart_000_0053_01CFEF80.3FC06720" X-Mailer: Microsoft Office Outlook 12.0 X-Mailer: Zimbra 7.2.6_GA_2926 (ZimbraConnectorForOutlool(/7.2.6.950) Content-Language: en-us Thread-Index: Ac/vuuugVWHbgZ04QRmt7YkLuCQJEg== X-Originating-IP: [66.241.64.95] To: undisclosed-recipients:; This is a multi-part message in MIME format. ------NextPart 000 0053 01CFEF80.3FC06720 Content-Type: multipart/alternative; boundary= =-NextPart-001-0054-01CFEF80.3FC MESSAGE TRUNCATED 2 Amy Gunter From: Dave and Gina Heckley [heckley@yahoo.com] Sent: Friday, October 10, 2014 9:58 AM To: Amy Gunter; michael.pina@ashland.or.us Cc: Dave and Gina Heckley Subject: Re: 1027 Park Hello Amy and Michael, Thank you, Michael, for managing our meeting and dialog with the Tree Commission last night. We were glad to have the opportunity to discuss our positions, ask and answer questions. Here are our takeaways from the meeting as well as some additional information gathered this morning, which may help with some unanswered questions about the site plan and access: ® Since they spent almost 2 hours in discussion of our action, it's obvious that there is a considerable amount of contention on many levels to making a decision. ® We met all the criteria for removal of healthy trees, except presenting alternatives for paving over the root zone to preserve the sequoia. ® All agreed that the redwood and the cherry can be removed. This should help in moving along your decision on the setbacks. We would appreciate knowing that as soon as possible so we can get our house plans started. ® They wanted a full set of plans to make a more informed decision on the giant sequoia, but agreed that's not really feasible at this stage of the planning process and Staff did not require that of us. ® There were multiple members of the Committee that wanted to abstain from the vote at different times, but quorum issues would come into play, mentioning it was hard to make a decision based on passion only and. they would rather abstain. It was hard to follow a rationale there. ® Both arborists on the Commission agreed that there would be some level of damage to the root system due to construction, but could not assess how much damage until you dig down and see the root system. ® The Committee didn't seem to care about a Critical Root Zone, and they seemed to dismiss our arborist report as irrelevant. Seems that our arborist's opinion did not match their opinion. Does that make our report "wrong"? It was noted by the Commission that arborist reports frequently differ on the same issue. The persons speaking in favor of removal (Heckley's and Larson) spoke from a position of safety and liability issues. The person who spoke against removal (Smith) spoke from a position of passion for the history of her childhood family farm. Is there a particular "weight" assigned to each position? ® The Tree Commission is all about preserving trees at all cost. We get that. It was good to know, Michael, that you expressed the City's staff decisions were based on many factors and not just recommendations for trees. ® The Tree Commission admitted that they were only there for advisory recommendations and that their decisions had no "real teeth". Further investigation would be done by Michael on the original planning decision as it relates to the sequoia tree, since the action was 9 years ago. (I believe that is Item #15 in the Planning Decision, and we believe our current arborist report addresses the need to remove the tree as a potential hazard.) ® Regarding the liability issue for allowing a potential hazard to remain, Michael is also going to inquire about the City's legal position and responsibility. i We are willing to mitigate above what is required for removing the sequoia i.e. a larger caliper, and or multiple trees, but only those that are appropriate. It was discussed that a monetary value would not be considered reasonable, as it is difficult to place a value on this tree. Per City ordinance, the flag lot needs a 15 foot wide driveway access. Measurements I took this morning 10/10/14. Measurements taken from the fence along the east property line at access point: Fence to Canopy = 8 ft. Fence to Shoulder of trunk = 19 ft. (this is where it starts to rise before reaching the base of the trunk) Fence to Base of Trunk = 23 ft. (visible above the mulch) (There is a mention in the 2005 Upper Limb It report on the 2 sequoias that you could come within 10 ft. of the trunk with permeable material, so long as the grade is not lowered over the root zone. I am using this as a guideline in the interest of time.) So if you have to stay 10 ft. away from the trunk and since you have to come off the fence 1 to 2 feet, that leaves an access of approximately 8' to 11' depending on where the exact measurement of the trunk is assessed. Not only does it not meet those requirements now, but that access will further diminish as the tree grows. (It was noted in our past findings, and confirmed by an arborist on the Commission that these trees have a potential to grow to 30 feet wide.) Based on the Commission's recommendation, do we need to present alternative methods of permeable paving and our positions for each? Obviously, there will be considerable cost associated with all these alternative measures. Does the Fire Department have a recommendation at this point as to what they allow? Other costs to consider are the obvious potential for roots (which are located within the top 3' of the j surface) to penetrate and cause damage to sewer and water lines, as well as foundation. I At what point does the homeowner get to assess costs spent for a tree that will be compromised during construction and potentially have to be removed anyway? Please let us know what the next step will be. We would be happy to further discuss. Dave and Gina Dave and Gina Heckley David B. Heckley, Real Estate Broker Ashland, Oregon 541-488-9717 541-890-0729 cell hecldey@yahoo.com www. davidhecldey. com 2 Updated 5/21/08 TALENT IRRIGATION DISTRICT LAN USE AGENCY RESPONSE FO 104 W. Valley View Rd. Phone: 541-535-1529 P.O. Box 467 Fax: 541-535-4108 Talent, OR 97540 Email: tid@talentid.org NAME OF ENTITY REQUESTING RESPONSE: City of Ashland ENTITY REFERENCE NUMBER: 2014-01566 MEETING REVIEW DATE: October 8, 2014 MAP DESCRIPTION: 39-1E-15DA Tax Lot 3402 PROPERTY ADD RE SS: 1027 Park St Ashland OR 97520 ❑ NO COMMENT ON LAND USE ISSUE (IF NOT MAR + D, CONTINUE BELOW) NO IF CHECKED COMMENT COMMENTS ARE APPLICABLE ❑ A. WATER RIGHT ISSUES ❑ 1. Water rights need to be sold to someone or transferred back to Talent Irrigation District. Number of Irrigated Acres:.20 Comments: Water rights must be removed from any impervious surfaces. ❑ 2. Must have District approval for water rights to remain in place on subject property. Comments: Be aware that the property has .20 acres of water rights. If the existing water rights are to be sold or relocated to another area, the applicant must og through the District's transfer process with the Bureau of Reclamation and the Water Resources Department. ❑ P. EASEMENTS DISTRICT EASEMENTS ❑ 1. Easement needs to remain clear. No permanent structures or deep rooted plants will be allowed within the easement limits. Comments: ❑ 2. If facility is to be relocated or modified, specifications must meet the District's standards and be agreeable to the District. A new written and recorded easement must be conveyed to the District. Comments: ❑ 3. If a written and recorded easement does not exist for an existing facility, then one must be provided in favor of the District. Comments: PRIVATE EASEMENTS ® 1. Property may have private facilities (ditch or pipeline) that the District does not manage. Arrangements may need to be made to provide continued service through the subject property for downstream water users. Comments: Be aware that the Beswick private pipeline runs through the property. shared/word/forms Talent Irrigation District Agency Response Form Page 1 of 2 Updated 5/21/08 NO IF CHECKED COMMENT COMMENTS ARE APPLICABLE PRIVATE EASEMENT PROVISIONS FOR MINOR PARTITIONS AND/OR LOT LINE ADJUSTMENTS ❑ 1. If the property currently has water rights and it is being partitioned or a lot line adjustment is being made, easements must be written and recorded which allow access for all of the pieces of property with water rights to continue to have access to the water. Comments: WATER METER REQUIREMENT ON TRANSFERRED WATER RIGHTS ❑ 1. If the water right on this property is a transferred water right that currently has a water meter requirement, then each of the properties split off of the original parcel all need to have water meters installed prior to the use of irrigation water on the newly formed parcels. Comments: ❑ C. FACILITIES (including but not limited to pipelines, ditches, canals, control checks or boxes) ❑ 1. Upgrades to District facilities may be required to support any land use changes or developments, such as pipe installations or encasing existing pipe under roads or concrete. Comments: ❑ D. DRAINAGE/ STORM WATER ® The District relies on the Bureau of Reclamation's Storm Water Policy. No urban storm water or point source flows will be allowed into the District's facilities without going through the Bureau of Reclamation process. (Developments in historically agricultural areas need to be aware of agricultural run off water and take appropriate action to protect the development from upslope water.) Comments: GENERAL COMMENTS: 1. No interruptions to irrigation water deliveries will be allowed. 2. T.I.D. is a Federal Project and some facilities and/or easement issues may need Bureau of Reclamation approval. 3. The developer/sub-divider will take all appropriate actions to ensure the reliability and protection of the original function of the District's facilities. As required by ORS 92.090(6) the entity must receive a certification form from the District before approval of the final plat. 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LL L o . EN rhj (+j y:. 0-3 pi ro F zocF-F-F-F- K~C)i~~v Qoe F -I Lli -Qc YQ m ~U()QQEd(3d u °o (7y LL (~CLQEYI U6uj LL 0 Y 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 September 24, 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 #2014-01566, 1027 Park St. Sighg ure of Employee Documentl 912412014 o e C ""TO)""a CO(1) (1)0 ° m C° C 0-0(/)- p 4=E3 P.v! c a 'C N N a C: -0 o L^ ~y Q o- ((o M N O O .C 0 °n "t C: O fl O m(n a)otN N N Li 3 - .Q, _ c ° 0 Q~ 0 g a0a) N~ c ~m~ N f 1 w m o E A) ~ mE 6 O 1 I o D o..c E :E o t CU g M Q_ T L Iz p a) 3 a Q* a z Vp O.c m c oc 2oo00 O 0 d, ~oEoa ~o~~Ev > a~~EE t~e?m3 U ~ N V w ® C N Q0)N N roLLa QQ- w-QCa)-p Cm •o N h m m 0) - O L o N nrna u rooai•2 0 ~M O U 0 -0 Q TC O~ NNmT •o :tR -0 m a 0 a 0a E0 3 OM a O C U- 0 'm Q N U - o a) 0E~oo k r- v a Q O 0) E ° - m~c°- 'N 'm co c o m a) c o®_ r c U E° m a o z N " 0 C C !E >,0- -0C6 oa ° c- G 0 O C~l L(A N NI- I f a ° a)o°yU OmmQ > ¢U L >cc' a. ~ o v ~ 0 Q 'N 0~ a) LO QL W .J VCi E I~ S2 G N i L~ L--~ O N 9 p' al O N N Q U a- J C) c6 s c 0~ Em Esc ac o N0C s OCL ULLN 'w c 0-N oc C: Fu C? -0 Ll E 1) N CL + N N~ 0 C: E0 n c 00 U)-ma)>.v 1E a)m M 4 Lo O ~f) > m 0 V a L_( ° c c vO o aQ a> rnl~- Q °b fC6 C N ❑ ~Na~? ~odLOc)-o 0N0mCL 0 a o CO U- 0 0+~ U) O N OZ aY¢ 'cm moc cc m a ciao° zn= ® :2 0 0 N ~ N (A W Fcco 0- Q 3a ocv Q m co f~ H U o a c m U L) O.- 0 o 0. 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Y 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 September 23, 2014 1 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action i 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 #2014-01566, 1027 Park St. l i I Sign ure of Employee Documentl 9/2312014 PA-2014-01566 391E15DA 2300 PA-2014-01566 391E15DA 2400 PA-2014-01566 391E15DA 2500 GERRARD MICHAEL EADIE STEPHEN/ANNE MUSTARD SHANE T/AMANDA S/MARGARET 1050 PARK ST 1044 PARK ST 1060 PARK ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-01566 391E15DA 2600 PA-2014-01566 391EI5DA 2700 PA-2014-01566 391E15DA 2800 CRUCE JARED/SUZANNE KANE MATTHEW/KATHLEEN HUNTINGTON GARY 1030 PARK ST 1024 PARK ST Tv/SANDRA. I ASHLAND, OR 97520 ASHLAND, OR 97520 1000 PARK ST ASHLAND, OR 97520 PA-2014-01566 391E15DA 3106 PA-2014-01566 391E15DA 3111 PA-2014=01566 391E15DA 3200 MOHATT EVELYN P TRUSTEE ETTLICH ERNEST E/SHIELA R CURL PAMELA 7100 ADAMS RD 1053 BESWICK WAY 1000 BESWICK WAY TALENT, OR 97540 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-01566 391E15DA 3201 PA-2014-01566 391E15DA 3300 PA-2014-01566 391E15DA 3301 SCHILLING WENDY/A D KANNASTO HARRY R/SHIRLEY STRAUMAN BRUCE E TRUSTEE KENNER 1015 PARK ST 1018 BESWICK WAY 995 PARK ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-01566 391E15DA 3400 PA-2014-01566 391E15DA 3401 PA-2014-01566 391E15DA 3402 WURIAN HANS LARSON PARK LLC HECKLEY DAVID BLAKE PO BOX 751 27470 LOMA DEL REY TRUSTEE ET AL REDWAY, CA 95660 CARMEL, CA 93923 135 MORNINGLIGHT DR ASHLAND, OR 97520 PA-2014-01566 391E15DA 3500 PA-2014-01566 391E15DA 3501 PA-2014-01566 391E15DA 3502 RHUDY SUZANNE GONCZ EDWARD J TRUSTEE GONCZ EDWARD J TRUSTEE 1056 BESWICK WAY 245 IVYBROOK LN 1047 PARK ST ASHLAND, OR 97520 COLORADO SPRINGS, CO 80906 ASHLAND, OR 97520 PA-2014-01566 391E15DA 3503. PA-2014-01566 391E15DA 3504 PA-2014-01566 391E15DA 3600 LYTJEN JANICE G KING BETHANY SABIN DONNA RAE TRUSTEE 1059 PARK ST' LUNDBLAD/MILHOLIN LARRY 1075 PARK ST ASHLAND, OR 97520 1070 BESWICK WAY ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-01566 391E15DA 3710 PA-2014-01566 391E15DA,3802 PA-2014-01566 391E15DA 5600 GORSCH-NIES UDO L/SABINA ETTLICH ERNEST E/SHEILA R BEKERMEIER DAVID C 1086 BESWICK WAY 1053 BESWICK WAY TRUSTEE ET AL ASHLAND, OR 97520 ASHLAND, OR 97520 1065 BESWICK WAY ASHLAND, OR 97520 PA-2014-01566 391E15DA 7500 PA-2014-01566 391E15DA 7600 PA-2014-01566 FROEHLICH ANDREW J/ANNA HOADLEY JERRY M/EILEEN SMITH KAREN 989 PARK ST 980 BESWICK WAY 165 JESSICA LANE ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-01566 PA-2014-01566 PA-2014-01566 STEVE LARSON - ELIZABETH SAGMILLER BARTLETT MICHAEL SLARSONBIZ@YAHOO.COM SAGMILLERE@GMAIL.COM 2288 OLD STAGE RD CENTRAL POINT, OR 97502 1027 Park St. 09/2312014 NOC 30 3502 3 _ B f w PESO- a r S € p 3 n 304 E 4 ( E a' Nl 6 P t ~ € LI t~ M65 3201 f' f t 3300 2700 1501 2 3AO1 350' q 1~7 i 2400 j_ 350 ' Ott i~ 5~~i1 1564 A, 1i a ,fl iia I e y Ei ~ p s r • ~ Y e > R4 U 4, I f _ c'I-I u t" IA F g Amy (Gunter From: Steve Larson [slarsonbiz@yahoo.com] Sent: Monday, September 22, 2014 8:40 AM To: guntera@ashland.or.us Subject: 1027 Park St. Hello Amy, I am Steve Larson. My mother bought the property at 1031 Park St. back around 2004. 1 went through the land partition procedure with the city and created the lot that the Heckleys bought at 1027 Park St.. I understand that there is some concern over the tree removal. I am concerned about the Sequoia. It is leaning towards the house at 1031. 1 don't recall noticing this before. As far as our neighbor, she expressed strongly a few years ago that the tree worried her because it leaned in her direction. This change alarms me. Just for the record I am in favor of the tree being taken down for safety reasons especially now. New construction will surely effect the root system. As far as the new construction, it is far less obtrusive to have a modest single story house behind ours rather than a larger two story one. The neighbors to the rear of the lot have expressed to me their opposition to anything that obstructs their view and I'm sure would favor single story construction. Sincerely, Steve Larson i Date: September 21, 2014 To: City of Ashland Planning Division From: David and Gina Heckley, Property Owners RE: Request for Modification of Building Envelope and Approval to Remove Three Trees Property: 1027 Park Street, Ashland We would like to submit additional information regarding our request to remove trees at 1027 Park Street: We have been property owners in Ashland for 24 years. We reside just outside the City limits, on County land, and have maintained a 5 acre parcel and a home, which was built in 2000. We have maintained our property and our trees under the guidance of the Ashland Fire District guidelines for fire protection. We currently have hundreds of trees on our property. We built our home without removing any trees on this site. We know and understand the value and significance of a treed community. We love Ashland for its beauty and environment; and we wish to live out our lives here. We plan to build this home on Park Street as a sustainable home, built to Earth Advantage standards. It is important that this home be built for accessibility for David Heckley, who became disabled in 2005 as a result of a herniated disc which injured his spinal cord and is now a paraplegic in a wheelchair. We are committed to a sound . environmental respect. Gina is a Sustainable Building Advisor, who has been educated in sustainable building practices and works in the construction industry promoting Earth Advantage standards for the last 10+ years. This request to remove trees is not taken lightly, and it is with a great deal of research and thoughtfulness that we have to make this request. We do so out of a greater need for responsibility to avoid a hazardous situation and future liability. 18.61.080 Criteria for Issuance of Tree Removal - 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 fora permit. A. I Lazard Tree: The Staff Advisor shall issue a tree removal permit fora 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. "free that is Not a I Lazard: The City shall issue a tree removal permit for a tree that is not a hazard if the applicant demonstrates all of the followin": 1. The tree is proposed fir removal in order to permit the application to be Pagel of S ti 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 tees; 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, s0 lon" as ilie alternatives continue to comply with other provisions Of( he Ashland Land Use Ordinance. 4. The City shall require the applicant to mitigate for the removal of each tree -ranted approval pursuant to AMC 18.61.084. Such mitigation requirements shall be.a condition of approval of the permit. (ORD 2883 added 06/04/2002; ORD 2951, 2008) 18.61.084 Mitigation Required An applicant shall be required to provide mitigation for any tree approved for removal. The mitigation requirement shall be satisfied by one or more of the following: A. Replanting on site. The applicant shall plant either a minimum 1 '/2-inch caliper- healtli_v and well-branched deciduous tree or a 5-6 foot tall evergreen tree for each tree removed. The replanted tree shall be of a species that will eventually equal or exceed the removed tree in size if appropriate for the new location. Larger trees may be required where the mitigation is intended, in part, to replace a visual screen between land uses. "Suitable" species means the tree' s growth habits and environmental requirements are conducive to the site, given the existing topography, soils, other vegetation, exposure to wind and sun, nearby structures, overhead wires, etc. The tree shall be planted and maintained according to the specifications ill the City Tree Planting and Maintenance Guidelines as approved by the City Council. B. Replanting off site. If in the City's determination there is insufficient available space on the subject property, the replanting required in subsection A shall occur on other property in the applicant's ownership or control within the City, in an open space tract that is part of the same subdivision, or in a City owned or dedicated open space or park. Such mitigation planting is subject to the approval of the authorized property owners. If planting on City owned or dedicated property, the City may specify the Page 2 of 5 species and size of the tree. Nothing in this section shall be construed as an obligation of the City to allow trees to be planted on City owned or dedicated propert} C. Payment in lieu oeplanting. If in the. City's determination no feasible alternative exists to plant the required mitigation, the applicant shall pay into the th'ee account an amount as established by resolution of the City Council. D. An approved mitigation plan shall be fully implemented within one year of a tree being removed unless otherwise set forth in a tree removal application and approved in the tree removal permit. (ORD 2883 added 06/04/2002; ORD 2951, 2008) We believe this request meets the Criteria above for both a Hazard Tree and Tree that is Not a Hazard: 1) While the trees in question are not presently a Hazard, based on the Arborist report previously submitted, the construction will cause these trees to have a considerable portion of their root systems removed or damaged, creating an unstable situation and causing a hazard. This creates a foreseeable danger to personal safety and damage to property. 2) The trees proposed for removal are in order 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. We have complied with the findings of the planning action 2005-230 and are requesting the setback requirements for the site design of a much smaller, single family residence, which include among the criteria, back-up requirements for forward exiting into the street. 3) Removal of the trees will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks. This is a relatively flat lot within an existing neighborhood that has no issues with the above elements. 4) Removal of the trees will not have a significant negative impact on the tree densities... There are many large trees in the area and another giant sequoia is located on the front parcel in close proximity. 5) There are no reasonable alternatives to avoid damage to the trees as a result of construction allowed on the property to be used as permitted in the zone. 6) Mitigation will be satisfied by replanting on the site with either a minimum of 1-1/2 inch caliper healthy and well-branched deciduous tree or a 5-6 foot tall evergreen tree for each tree removed. The replanted trees will be sized appropriately for the new location. The replanting will be fully implemented within one year of the trees being removed and will be done under the guidance of a certified arborist. We plan to not only replace these trees, but add additional trees to the site. Furthermore, pursuant to Section 18.61.010 Purpose It is stated: D. "The City recognizes that residents in single family zones should have the freedom to determine the nature of their private landscaped surroundings." Just as the resident who planted these trees many years ago had the freedom to do so, we believe that based upon the current information available and the current surroundings, we now have the same freedom to remove them. Page 3 of 5 Information regarding the Giant Sequoia (from "Save the Redwoods League") • Known as the Earth's most massive tree. • Native to the western slopes of the Sierra Nevada mountains in California • To thrive, giant sequoias require a great amount of water, which they primarily receive from the Sierra snowpack (in their native area). • Because they need well-drained soil, walking around the base of giant sequoias can cause them harm, as it compacts the soil around their shallow roots and prevents the trees from getting enough water. • Tallest tree 316 feet, 34 feet wide Information on Coastal Redwoods (from "Save the Redwoods League") • Known as the Earth's tallest tree • Native to the Pacific Coast • One of the world's fastest growing conifers • Where coast redwoods live, temperatures are moderate year-round. Heavy rains provide the trees with much-needed water during winter months and dense summer fog contributes moisture during the dry summer months. To address the above information as it relates to this site, and use of the site by a disabled resident: • Two significant trees in question are not native trees, but were planted as ornamental trees. We believe that their sheer size makes them an inappropriate choice for the location, given the present neighborhood density. • Incredibly fast growing (the Coastal Redwood on site was 18" dbh in 2005, today it is 30") • Shallow root systems make it virtually impossible to travel over them without damaging the root system. Any attempt to pave (pervious or not) needs compaction for proper installation. The critical root zone runs throughout the entire property. • At present, the sequoia will be impacted by the entrance to the property. It will only get bigger, wider, and taller (potentially as tall as a 30 story building). • Future root heaving underground assures damage and uneven pavement creating dangerous situations for walking and travel in a wheelchair. As little as a half inch differentiation in pavement can catch a front caster wheel of a wheelchair and cause a fall. It's happened, it's been experienced. • The thirst for water to maintain these trees in the future is impossible to calculate, and makes it difficult to maintain any other landscaping in the vicinity. This year's drought, and subsequent water restrictions, has the potential to continue. The drought has taken its toll on other trees in the vicinity (especially the decaying cherry tree on the property and the birch trees next door). • Cumulative effects of construction, lack of water, trenching is most likely to contribute to the demise of the tree (as evidenced and recognized by the City in its recent Plaza construction). • As evidenced in the Planning Action that created this lot, the front parcel was given an exemption to install a sidewalk beside the Giant Sequoia on the street, due to the fact that it would damage the shallow root system. • This new home is being modestly designed for accessibility, low maintenance and aging-in-place during retirement years. This concept is extremely critical given the aging population in this area. Page 4 of 5 ® A level surface is required for the owner in a wheelchair to have access throughout his property. Dangerous situations created by tree roots exist all over this City. He sometimes has to travel in the street (preferring the dangers of car traffic) rather than on the sidewalks dodging roots, cracks and lifts in the concrete. This is especially dangerous in the fall and winter when leaves can camouflage the dangers beneath. ® We travel frequently in Lithia Park on the one pathway that is accessible by a wheelchair. We know the constant obstacles caused by tree roots along the path and the constant challenges that face the Parks and Rec Dept. to keep them safe. But in Lithia Park, we wouldn't have it any other way. It is a perfect location for enormous trees! ® It's a reasonable request, however, to provide a safe outdoor environment upon one's own property. ® It's also reasonable to anticipate and eliminate future expenses for costly repairs to correct inherent and frequent damage to hardscapes and foundations due to shallow tree roots. ® The cost to remove these trees increases after construction of the home. At present, the vacant land is a much more reasonable area in which to work. After construction, it becomes more difficult and dangerous. ® We were told by the seller of this property that the downhill neighbor expressed concern in the past and was afraid of the tree leaning towards her property. ® There is not a question of "if" these tree roots will be damaged, because they will be. But it is only a question of "when" the tree will become structurally unstable as a result. Who wants to assess that risk and assume that liability? I Page 5 of 5 p ~ry r ~ + I -I N~l Yv • i Yom' i IPA j i m f 1 " QY1 [I ID' e~ 41D A s 4. \t~ z ~ i r " t ' i i l i i i E i ~ s 1 1 S f 1 S 1 i i i C X, , ' "1 1101 " 1 z 1 rny Gunter From: Michael Pina [michael.pina@ashland.or.us] Sent: Tuesday, September 16, 2014 8:31 AM To: Amy Gunter Subject: Fwd: Giant Sequoia Behind 1031 Park Street Forwarded Message From: "Heidi Haehlen° <flutecat8pyahoo.com> To: "Michael pina" <Michael.pinapashland.or.us> Sent: Monday, September 15, 2014 6:08:58 PM Subject: Giant Sequoia Behind 1031 Park Street Dear Michael, My name is Heidi Haehlen, and my partner Dudley Finch and I have been the renters at 1031 Park Street for the past 8 years. I would like to let you know that we are very much opposed to the removal of the heirloom Giant Sequoia in the lot behind 1031. We know that apparently the arborists have reported that the tree is "leaning 6 feet", but we cannot view this as a threat or endangerment, as the tree is not exactly a lodge pole pine. The trunk is very large and securely rooted, and we have observed it leaning gently over the years as it grows. As far as any new construction disturbing the roots goes, we believe that the designer Steve Asher and the Heckleys could certainly meet the challenge of designing a home that does not interfere with the tree. We are also saddened by their intended removal of the redwood back there, and the old cherry tree, from which we picked cherries each year for pie. Surely these trees cannot be seen as threats, especially if the city is enforcing a 20-foot easement from the south property boundary. Although we understand and even appreciate the in-fill philosophy of building in Ashland, the unique heritage quality of this particular lot, and the trees on it, really ought to be recognized. The Fieguths who first settled here and built the 1031 house and 1015 Park Street literally "ate what they grew" in that back lot. When we learned before moving in that the Larsons had divided the parcel, we made sure to include in our lease that no-one build on it while we lived here. Sadly, we are moving back east for family reasons, and the Larsons sold this back lot as soon as we gave notice. This brings me to my final point, which is that of all the people impacted by construction on this lot, it is Shirley Kannasto at 1015 Park who will be most disturbed. Her husband Harry (who played trumpet in the Ashland City Band for over 60 years) just passed away last February, as you may be aware of. She is "adamantly opposed" to the removal of the Sequoia, and also has mentioned how much she is "dreading" the activity on the access road, which goes right by her bedroom window. She really does not need such stress and disturbance at this time of her life, after so many years in her lovely and peaceful house. We ask you to please respect ai,a preserve the Giant Sequoia, actually both of them: the one in the back lot and the one in front of 1031 Park, because of their considerable beauty and heritage. They are part of what makes Ashland a worthy recipient of the "Tree City, USA designation. Sincerely, Heidi Haehlen i Michael Pina, Assistant Planner City of Ashland, Planning Division 20 East Main St., Ashland Oregon 97520 Email = michael.pinapashland.or.us : Desk = 541.552.2052 Fax = 541.488.6006 TTY = 800.235.2900 This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records law for disclosure and retention. If you have received this message in error, please contact me at 541.552.2052. Thank you. 2 i Amy Gunter From: Michael Pina [michael.pina@ashland. or.us] Sent: Thursday, September 11, 2014 8:27 AM To: Amy Gunter Subject: Fwd: Sequoia / Lot Behind 1031 Park Street here's another one Forwarded Message From: "Elizabeth Sagmiller" <sagmillereogmail.com> To: "Michael pina" <Michael.pinapashland.or.us> Sent: Thursday, September 11, 2014 8:26:30 AM Subject: Sequoia / Lot Behind 1031 Park Street Hi Michael - I know you have received input from my sisters regarding protection and preservation of the referenced tree on the lot behind 1031 Park St. I am the youngest child of the family that owned that property for around 50 years - the Fieguth Family. I too would like to weigh in with my support for protecting that tree. i I have lived in the Salem area since 2001, work in the public sector, and truly understand the value of infill development. From an environmental standpoint the tree provides valuable resources to the neighborhood which I'm sure you're well aware. Low impact development techniques are standard in most NPDES Phased communities and as a Phase II permittee I'm certain that Ashland's builders and developers are well versed in suitable methods for maintaining the integrity and health of the tree while allowing for development. I suspect that the City has the ability to require retention of the tree, but once the lot is sold I'm wondering if there are any regulations that will protect the tree (heritage status or something similar) that will prevent the.property owner from removing the tree unless there is a failure? I believe that my family and those who have enjoyed the tree in the neighborhood are interested in preserving the tree long term, not just through development of the property. Please add my comments to the file. I appreciate your being available for our family on this issue. Regards, Elizabeth Sagmiller 503-689-8906 Michael Pina, Assistant Planner City of Ashland, Planning Division 20 East Main St., Ashland Oregon 97520 1 Array Gunter From: Michael Pina [michael.pina@ashland. or.us] Sent: Wednesday, September 10, 2014 1:57 PM To: Amy Gunter Subject: Fwd: tree removal Forwarded Message From: "Mike and Dianne Brock" <usmvbmc(@aol.com> To: "Michael pina" <Michael.pina(@ashland.or.us> Sent: Wednesday, September 10, 2014 10:33:19 AM Subject: tree removal Dear Mr. Pina, This is a follow up message following our telephone conversation regarding the proposed removal of the wonderful mature Sequoia tree on the lot behind 1031 Park St. My family lived on that property for nearly fifty years. I grew up with that tree. As I mentioned to you, when my husband returned from Viet Nam in the winter of 1969 we took photo's of him with that incredible ice covered tree in the background. I know the neighbors want save the tree. I feel that it's imperative that we do everything we can to preserve these amazing heritage trees. Please add my email to the planning file for this project and share this message with the Tree Commission. Thank you in advance for your consideration in this matter. Sincerely, Dianne Brock 90749 River Bend Dr. Bend, OR 97702 541-317-9040 Michael Pina, Assistant Planner City of Ashland, Planning Division 20 East Main St., Ashland Oregon 97520 Email = michael.pina(@ashland.or.us : Desk = 541.552.2052 Fax = 541.488.6006 TTY = 800.235.2900 This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records law for disclosure and retention. If you have received this message in error, please contact me at 541.552.2052. Thank you. 1 Zimbra https:Hzimbra.ashland.or.us/zimbrWprintmessage?id=42683 imbra pinam@ashland.or.us Tree on lot behind 1031 ark - - - - - From : Karen <karensue@jeffnet.org> Mon, Sep 08, 2014 09:20 PM Subject :Tree on lot behind 1031 Park To : michael pina <michael.pina@ashland.or.us> External images are not displayed. Display images below Michael - I hear through the grapevine that the Heckleys are planning to remove the beautiful, large, heirloom Sequoia on the lot behind 1031 Park St. In the strongest terms I urge the City to protect it. My family lived on this property for close to fifty years before the property was divided. My father built the homes at 1031 and 1015 Park in the late 1940s. The new lot was our family vegetable garden - it's very good soil. There must be some way to design access so the tree is protected. Mature trees add value to a property and I hope the Heckleys will see it as an amenity rather than a problem. I know Shirley Kannasto (1015 Park St.) also wants the tree protected. Please add my comment to the Planning file for this project and share this email with the Tree Commission. I would appreciate being notified of any public meeting relating to this property. Thank you, Karen S. Smith 165 Jessica Lane Ashland, OR 541 482-1006 SEP 0 9 2014 This email is free from viruses and malware because avast! Antivirus protection is active. I' F c 1 of 1 9/9/2014 10:44 AM E Tree Protection Plan for 1027 Park Street Ashland The remaining tree, Coast Redwood, Sequoia sempervirens with ®H of 30 inches as described on Arborist Report of 8/26/14 shall be protected in compliance with AMC 18.61.200. A 6-foot chain link fencing shall be installed prior to any site work or storage of materials. The attached site plan notes location of the fencing. I have reviewed the building permit submittals regarding foundation construction. The location and design of the foundation appears to be adequate to preserve the critical root zone of the remaining tree. I plan to be on site during excavation. If any root is encountered greater than 2 inches in diameter, it shall be hand pruned using sharp saw or hand pruners. Roots shall be severed cleanly and cut ends immediately covered with wet burlap or loam. The use of pavers on the adjacent patio is adequate material if extending near the critical root zone of the remaining tree. 4 In my opinion, there are no trees on neighboring properties that require tree protection during the course of construction on this property. Professionally, Mike Bartlett Bartlett Tree Service, LLC 541-601-6780 i i L, F vo - 7 e~ i 55 1 s1 t / i ~ ~'z ~ {I fro I Gov - it W i 1 1~ ~ ~ ;1 I ~~{s I I I''' I ! ``I ~ II I ~1 i ~r t f` ~I ' i PARK ST. I $ ~ n so z n ~ s ` S.P.D. a@ I~ ¢b~ Ilh H00:00 1027 PARE{ ST. li-l'i. ° 0 ~o9 ASHLAND, ®R 97520 N3MJ Id s o ~A = , POR:H CKLEY = __j j Request for Modification of Building Envelope at 1027 Park Street and Approval to Remove Three Trees Property Owner: David and Gina Heckley, 135 Morninglight Drive, Ashland, OR 97520 Contact Information: Phone 541-488-9717 Email: heckley@yahoo.com Tax Lot No. 3402 We are requesting a modification of the building envelope originally approved on Planning Action #2005-230 at 1027 Park Street, Ashland. We are also requesting approval to remove three trees on the lot. In 2005, the original request for a land partition to divide the property into two parcels, including a flag lot at the rear of the property, was approved and is the subject property of this modification at 1027 Park Street. The original site plan included a proposal for a two story, 2363 sf home, with setbacks of 6 feet south, 15 feet north, 10 feet east and west. The preliminary plat map referenced a 20 ft. south setback for the 2 story proposed house. At the request of City staff, we are requesting to modify the building envelope to accommodate a single-story, approximately 1650 sf home. We are requesting setbacks be adjusted to: ® 10 feet south (referenced by the on the attached site plan) ® All other setbacks remain the same as what was finalized on the planning action ® Consistent with standard setbacks of the Ashland Building Code Chapter 18.20. ® The home is designed to be accessible for the homeowner, who is a paraplegic and in a wheelchair. He needs level parking and access to the home, as well as a single-level, accessible floorplan to maintain his independent living in the future. ® It utilizes an infill lot within the City, which has already been approved for a single family home We have a proposed building footprint for a single-story home, but until we have a final approval on setbacks, we request flexibility in designing the home and the final footprint, obviously staying within the requirements of City building codes. A site plan is attached, along with a copy of the final survey map Land Partition Plat No. P-43-2006. The conditions of approval have already been met to establish this flag lot, including lot sizes, flag driveway and screening, underground utilities, useable yard, etc. The following items address the Section 3 Decision: 2. Final survey plat has been filed. 3. Lot coverage for front parcel (Parcel 1) compliance has been met and is not applicable to this request. 4. Easements for sewer, water, electricity, etc. is shown on final survey plat id not limited to a ten-foot wide public utility easement along the full Par t k St Pr 1 age of parent parcel. Pagel of 4 5. Electrical Service has been installed underground to service the parcels. 6. Final utility plan for the parcels was approved and all utilities have been installed to the flag lot including water lines, meter sizes, fire hydrants (see 14), sanitary lines, storm drain lines and electrical services. 7. Mutual access easement for the front lot (Parcel 1) is identified on final survey plat to use the flag driveway. 8. Existing driveway curb cut on south side of front parcel has been eliminated 9. Sidewalk deposit is not applicable to this request. 10. Two accessory buildings at the rear of the lot have been removed. 11. The flag drive provides a clear width of 15 feet, and paved width of 12 feet 12. The flag drive has been installed and screened. 13. No obstructions have been placed in the vision clearance areas adjacent to the driveway 14. A fire sprinkler system will be included in the plans for the new home on the flag lot 15. See request for permit to remove trees referenced in Item 15 referencing construction plan for the flag drive and the then 42-inch dbh Redwood tree. 16. A revised Tree Protection plan will not be necessary upon removal of the trees, and no neighboring trees are impacted. 17. Any trees referenced in this section in 2005 were removed prior to this request. 18. All easements, including public utility easements, shall be identified on building permit submittals. 19. Three off-street parking spaces are situated in a manner to eliminate the necessity for backing out of flag lot. 20. Additions and structures on flag lot (Parcel 2) shall meet Solar Setback Standard. 21. Individual lot coverage shall not exceed 45% of the lot area in accordance with 18.20.040.F. Lot coverage calculations shall be submitted with building permit. 22. Garage and addition on front lot (Parcel 1) has been completed is not applicable to this request. We are also applying for a permit to remove 3 trees on the property. 18.61.080 Criteria for Issuance of Tree Removal - 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 tliat 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 P 0 9 2014 or danger cannot reasonably be alleviated by treatment or pruning. t Page 2 of 4 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. See Arborist report (Bartlett Tree Service 8/26/14) for details. ® The Cherry tree (#3) in the southwest corner is severely decayed. ® The Sequoia sempervirens (2) on the south side will be negatively impacted by the construction. It also blocks all solar access to the property. ® The Sequoiadendron giganteum (#1) on the north side of the property has grown significantly since the original planning action and will be severely impacted by the construction, as well as the ingress and egress of the driveway and required back-up and turnaround access required by the City to eliminate the necessity for backing out. As noted in the Arborist Report, "the Critical Root Zone (CRZ) of all three trees will be negatively impacted." err) n n )nip. ~ Page 3 of 4 In researching more on CRZ calculations*: The CRZ Sequoia 1 with a dbh of 48" equals 72 feet from the trunk (144' diameter). The CRZ Sequoia 2 with a dbh of 30" equals 45 feet from the trunk (90' diameter). Since the lot measures 96 x 75, it would be virtually impossible to build a home outside the CRZ of these trees. *Exerpt taken from City of Medford, Guidelines for Tree Protection: a. Measure the tree's diameter (in inches) about 4 feet off of the ground. b. Multiply the diameter by 18 c. This gives you the radius of the Critical Root Zone Example: 10" DBM tree x 18 =180" or 15' radius. So, 30' diameter Critical Root Zone This area contains most of the roots essential to the tree's continued health and vigor. If construction encroaches too far into the Critical Root Zone, the structural integrity of the tree may be jeopardized, creating a hazardous tree. Where construction impacts more than 30 percent of the Critical Root Zone, the tree is considered damaged beyond probable recovery. i Therefore, the shallow root structure of these sequoias extends throughout the lot and will certainly be impacted by construction of a home, and access to the home, thus creating a real potential for weakening of the tree and its stability. This is a concern to the property owners for hazardous situations that could occur in the future to this home and neighboring properties, as well as likely underground damage to the new structure and hardscapes. The damage to hardscapes, pavers or concrete, further increases dangerous situations for the homeowner in a wheelchair. Upon approval of the modified setbacks, we can proceed with a final site plan and home plans that will include a tree mitigation program replanting on the site for each tree removed, which will be completed within one year of the removal. The appropriateness of the size of these existing trees on this homesite is questionable, and we are proposing to mitigate with more reasonably sized trees, under the supervision of a certified arborist. Furthermore, it is our intention to have the sequoia tree(s) milled and repurposed to live on as another beautiful object or objects. We are saddened by the need to remove these trees but are committed to do the responsible thing by avoiding a hazardous situation in the future, thus eliminating liability for all concerned. As noted in the Land Use Code Tree Preservation and Protection Section 18.61.010: ® We, too, "recognize the benefits of trees" in our neighborhoods; and • "The City recognizes that residents in single family zones should have the freedom to determine the nature of their private landscaped surroundings." Attachments: Site Plan including requested modified setbacks Final Survey map Partition Plat No. P-43-2006 Arborist Report from Barlett Tree Service dated 8/26/14 Page 4 of 4 l f{' 'Pro i fa} 1 i~ 11 yy e 0 0 ! O t„h I u ~1 v , ~ i i v i i i ! i i Owner: [David & Gina Heckley Property: 1027 Park Street i Building Envelope Change from 20' original 2-story to 10' proposed 1-story setback E i #1 Sequoiadendron gigantum ` #2 Sequoiasempervirens #3 Cherry j i c SEP 09 261 Scale ® 10' z I I Michael A. Bartlett 2255 Old Stage Rd. Central Point, Or. 97502 (541) 779-6067 Certified I I Prepared For: Dave Heckley 135 Morninglight Dr. Ashland, Or. 97520 541-890-0729 By: Michael A. Bartlett August 26, 2014 Certified Arborist International Society of Arboriculture 2256 Old Stage Rd. - Central Point, Or. 97502 (541) 601-6780 SP 0 9 201 G Michael A. Bartlett Certified Arborist - International Society of Arboriculture 22$8 Old Stage Rd. Central Point, Or. 97502 541-601-6780 August 18, 2014 Attn. Dave Heckley 541-4$3-9717 Ashland, Or. 97520 Definition of Assignment: On August 12, 20141 met with Dave Heckley to look at the future site of a new home he is proposing to build. It is located at 1027 Park Street in Ashland, Oregon. He needed a bid on removing a Coastal Redwood (Sequoia sempervirens) and an ailing Cherry (Prunus sp.) that will fall within the footprint of the new home. He was also concerned about the future of a Giant Sequoia (Sequoiadendron giganteum) that will be in close proximity to the new concrete/asphalt driveway, other hardscapes and new home. He was seeking an Arborist's professional opinion regarding the future of these trees. ur, ~f TU (-rto The purpose of this report is to assess the impact the future development will have on the Giant Sequoia (photo 1) located on the east side of the proposed home site. An impact assessment will also be made on the Coastal Redwood (photo 2) and the Cherry (photo 3) located on the west side of the property. Subject Tree Observations- Located on the west side of the property is a Sequoia sempervirens. It stands S2 foot tall with a crown spread of 33 feet. It has a DOH of 30 inches. This tree is growing 7 feet from the west side fence/property line. It is currently a healthy tree with no visual structural defects. Also situated on the west side of the property is an ailing Cherry tree. It is 16 foot tall, with a 15-foot crown spread. This Prunus has a DOH of 13 inches. Over a quarter of the canopy is dead and the remaining crown has significant deadwood with sunscald and decay forming on the upper scaffold limbs. EP 0 9 2014 Attn. Dave Heckley 541-488-9717 Ashland, Or. 97520 Subject Tree Observations Cone : The final tree of concern is a Sequoiadendron giganteum located on the east side of the property. It stands 68 feet tall with a crown spread of 38 foot. Its DBH is 48 inches. Although its crown is healthy and shows no sign decline, it does have a slight 6 foot over-center lean to the neighbor's house and property to the south. Every tree has a critical root zone (CRZ). This is a designated root area determined by a mathematical calculation and a visual inspection of the tree. A CRZ is utilized to signify what portion of a root system must be retained for a tree to survive and maintain its stability. It is a crucial piece of information to be considered in a construction project to enable one to make an educated decision on whether a tree should be removed or retained. If a CRZ in infiltrated and damaged, a tree's health and stability may be compromised, creating a hazard situation. According to the site plan of the future home, the CRZ of all three trees mentioned will be negatively impacted. The damage they will incur during construction will not be favorable to the trees. They will have a considerable portion of their root systems removed/damaged in order to facilitate the new construction. This will create an unstable situation for the trees, causing a hazard. The amount of root damage and soil disturbance during the construction phase will also put the trees in stress and cause decline. If the trees do rebound and survive the construction activity, the future root growth will more than likely cause damage to the new structures and hardscapes. Conclusion: In my professional opinion, because of the reasons explained above, there is no tree protection plan needed. I deem it necessary to remove the Cherry and two Sequoias. This is proactively working towards avoiding a problematic, hazard situation in the future. Professionally, Michael A. Bartlett Certified Arborist P.N.W. & Western Chapter, I.S.A. International Society of Arboriculture QQ1 PX 4 0984 SEp i i i I i l i I Photo 1 (Sequoiadendron giganteum) Photo 2 (Sequoia smpervirens) I, i s SEP i c 0 9 2014 Photo 3 (Prunus sp.) U~~ ~ ~ Ci 1'~ ~~`?a ``iv o~Au a :.j totl-~,~' •u W~ w xau ~ U r, c C y r i 9 y S W'~ D b Q O'c C U y 'C ~ ";ice b ` O n "i `i J-w 2 r,. W ZJ 4Uf O to CI K. n7, ~ ~ ~ l C11 ~"J N c~ ,4. 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NI MIT APPLICATION Planning Division CITY OF 51 Vdinburn Way; Ashland OR 97520 FILE # - A ` 615 (D (o ASHLAND 541-488-5305 Fax 541-4~~88-6006 Ci vel e, 4' m)d~ll~ DESCRIPTION OF PROJECT Poe' 4 -1-oY- MA-filc U' c i Idi c c ~1 w ~e -Tr ve 10Pursuing LEED®Certification? ❑ YES O ' DESCRIPTION OF PROPERTY Street Address 'Pei A< 'S 4- 51~ /4 17e" Assessor's Map No. 391E 15 DA Tax Lot(s) 0 ; Zoning Comp Plan Designation APPLICANT f Name l C1 W VA erklai Phone 50- 4 ' l[ 1 1~ E-Mail 6CkPc. P C C&O.0 M Address 315 0 tv~ 1/14 City - sh Ca m Zip.1152_0 PROPERTY OWNER Name d d JV)l7~C~~ICI'f~ Phone E-Mail Address /3,57 111'1 t7rnlO ZJ a h l .,Dl- City A5h 4I4 d Zip SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT, OTHER Title e,V~1 oVI~TAC ame Stc'llC' 1l`>~1eR_ Phone E-Mail ~4S~ Y~011'l~'S CmGiI~~IOW~ Address p. C), Ij a q5 (i City k; I l ct lrl Zip ~ ASS ~ Title Oe i4t-h PSI ktg LS"f Name m is 1-we I i h . &W1 1.14 Phone 6q I -&Q j - 19D E-Mail Address a ,,3 r)1A s4cc Q& 2 oaci City ~ -I vl~ I '~ni n-F Zip q! 7 D 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 If 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 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 i t is regard wi 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 re ve at my exp e: If 1 h any doubts, I am advised to seek competent professional advice and assistance. Appl' nt's Signature Dafe As owner of the property involved in this request,) have read and understood the complete application and its consequences to me as a property owner --j PA Ifi Propa Owner's Signatur equired) Date fro be completed by City ShR Date Received I Zoning Permit Type Tiot, Filing Fee $ r~ OVER G.Acomm-devlplumingwo[ms & Hando=\Zoaing Permit Application.doc Job Address: 1027 PARK ST Contractor: ASHLAND OR 97520 Address: C A Owner's Name: LARSON PARK LLC O Phone: P Customer 05212 N State Lic No: P DAVID HECKLEY T L. City Lic No: Applicant: R Address: A C C Sub-Contractor: A Phone: (541) 488-9717 T Address: N Applied: 09/09/2014 0 T- Issued: Expires: 03/08/2015 R Phone: State Lic No: Maplot: 391 E15DA3401 City Lic No: DESCRIPTION: Request for modification of building envelope and approval to remove 3 trees E 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 Amendment to Conditions 1,012.00 CONDITIONS OF APPROVAL C; COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 East Main St. Fax: 541-488-5311 Ashland, OR 97520 TTY: 800-735-2900 www.ashiand.or.us Inspection Request Line: 541-552-2080 CITY OF