HomeMy WebLinkAboutSecond_139_PA-2015-01810
Coleman Creek Construction
Michael Hodgin, Owner - CCB #160328
248 Walker Ave.,
Ashland, OR 97520
Tel/Fax: 541-482-2299
Coleman }r
creek Cell: 541-890-2142
To whom it may concern,
Regarding the large cedar tree at the front of the property at 132 N 2na, I am of the
opinion that the tree needs to be removed for the following reasons:
1. Over the last 6 years I've repaired sidewalk and front porch steps 3 times already
and the tree continues to create a safety hazard.
2. The tree roots over the last 6 years have continued to affect the foundation of
the porch by raising it. Several years ago we replaced damaged soffit area and
replaced gutters to get a proper slope. Over time this will need to be done again
as the roofline of the porch continues to be uplifted.
3. Because the porch foundation is only about 5' away from the house foundation
the concern is that the house's foundation will be compromised. To really be
able to access the outside foundation wall for proper inspection the porch floor
would need to be torn off. Given that it is pointless to rebuild the porch without
removing the tree I have advised Judith to leave the porch alone until a
determination on whether she is permitted to take the tree down is known.
While I can't inspect the foundation wall from the outside, its proximity to the
tree leads me to believe that if it is not presently compromised it will be soon.
For all of these reasons, I believe that the tree should come down so that Judith
Ginsburg can protect the investment of her home.
I am available for direct communication if necessary at 541-890-2142.
Sincerely,
Mic ael Hodgin
CITY OF
ASHLAND
a
October 23, 2015
I
Notice of Final Decision
i
On October 23, 2015, the Community Development Director approved the request for the following:
Planning Action: 2015-01810
Subject Property: 139 N Second Street
Applicant: Judith Ginsburg
Description: The property owner is seeking approval to remove a large incense cedar
(Calocedrus) from the multi-unit residential property. The application states the tree is close enough to
the house and foundation to cause physical damage and a financial burden. COMPREHENSIVE PLAN
DESIGNATION: Commercial; ZONING: C-1; ASSESSOR'S MAP: 39 lE 09BA; TAX LOT: 9600.
The Community Development Director's decision becomes final and is effective on the 12'h 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.
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 Zechariah Heck in the Community
Development Department at (541) 488-5305.
cc: Parties of record and property owners within 200 ft
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305
51 Winbum Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900 r
www.ashland.or.us CIs
E
SECTION 18.5.1.050 Type I Procedure (Administrative Decision with Notice)
I
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 parry 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 parry 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.B.
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 Winbum Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us r
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: PA-2015-01810
SUBJECT PROPERTY: 139 North Second Street
OWNER/APPLICANT: Judith Ginsburg
DESCRIPTION: The property owner is seeking approval to remove a large incense
cedar (Calocedrus) from the multi-unit residential property. The application states the tree is
close enough to the house and foundation to cause physical damage and a financial burden.
COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; ASSESSOR'S
MAP: 39 lE 09BA; TAX LOT: 9600.
SUBMITTAL DATE: September 22, 2015
DEEMED COMPLETE DATE: September 29, 2015
STAFF APPROVAL DATE: October 23, 2015
FINAL DECISION DATE: November 4, 2015
APPROVAL EXPIRATION DATE: May 4, 2016
DECISION
The application is a request for a Tree Removal Permit to remove one hazard tree, an approximately 28-
inch diameter at breast height (DBH) incense cedar (Calocedrus) tree from the property at 139 North
Second Street. With the trunk of the tree standing 24-inches from the eaves of the house, the property
owner lists concerns of fire and affects on the foundation. There is no arborist report attached the
application. However, there are many photos that show how close the tree is to the deck and house. The
applicant is requesting to remove the tree in order to mitigate damage to the foundation and reduce
potential fire hazard.
To be deemed a "hazard tree" the condition or location of the tree must clearly present a 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 it is clear the tree can be deemed a "hazard" as there is foreseeable damage to the existing
house.
The Ashland Tree Commission reviewed the application at its regular meeting on October 8, 2015.
Commissioners noted they had made site visits and were impressed by the stature of the tree. Though the
Commissioners acknowledged how close the tree is to the house and that there is likely foreseeable
damage, they were skeptical if the tree was actually impacting the foundation for the house. Ultimately,
the Commissioners recommended approval of the application 'with the condition that the applicant
provides a letter from a licensed contractor stating the tree is affecting the foundation of the house.
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.
PA #2015-01810
139 N Second St/zgh
Page 1
t t
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 #2015-01810, a request to remove one hazard tree, complies with all applicable City
ordinances with the imposition of the conditions attached below. Therefore, Planning Action #2015-
01810 is approved. If any one or more of the following conditions are found to be invalid, for any reason
whatsoever, then Planning Action #2015-01810 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 all recommendations of the Ashland Tree Commission (listed below), where consistent with
the applicable ordinances and standards and with final approval of the Staff Advisor, shall be
conditions of approval unless otherwise modified herein.
a. That an official letter from a licensed contractor on their business letterhead stating the
tree is negatively affecting the house foundation is submitted and approved by the Staff
Advisor prior to the tree being removed;
b. That the tree removal shall be mitigated as provided in AMC 18.5.7.050 within one year
of the permit issuance. The Commission recommends the mitigation tree to be planted in
the general area of the tree to be removed.
I0 23 15
a Harris, Planning Manager Date
Department of Community Development
PA #2015-01810
139 N Second St/zgh
Page 2
i
I
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 October 23, 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 #2015-01810, 139 N Second St.
i
J
Signa re of Employee
DocumenU 10/23/2015
PA-2015-01810 391E09BA 9000 PA-2015-01810 391E09BD 3900 PA-2015-01810 391E09BA 9200
ALLEN DAVID S TRUSTEE ASHLAND LODGE #9448 P O E ASHLAND VILLAGE COTTAGES INC
1565 WOODLAND DR P O BOX 569 18 CROCKER ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
i
PA-2015-01810 391E09BA 5600 PA-2015-01810 391E09BA 9600 PA-2015-01810 391E09BA 9800
BARNHILL MARY K TRUSTEE ET AL BROWN WIL,LARD L TRUSTEE ET AL CORNITIUS LLC
P O BOX 1372 630 LEONARD ST 1355 CORA LN
ASHLAND, OR 97520 ASHLAND, OR 97520 AUBURN, CA 95603
PA-2015-01810 391E09BA 9400 PA-2015-01810 391E09BA 6100 PA-2015-01810 391E09BA 9300
FINNEY ERIC/ERIN FIRST CHRISTIAN CII/ASHLAND FIRST CHRISTIAN CHURCH
159 N SECOND ST 318 B 207 VISTA ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-01810 391E09BA 10105 PA-2015-01810 391E09BA 9100 PA-2015-01810 391E09BA 6200
FIRST PLACE PARTNERS LLC FOUNTAIN STACY ET AL HARRELL BRUCE
815 ALDER CREEK DR 134 N SECOND ST PO BOX 64142
MEDFORD, OR 97504 ASHLAND, OR 97520 ST PAUL, MN 55164
PA-2015-01810 391E09BA 9500 PA-2015-01810 391E09BA 5800 PA-2015-01810 391E09BA 9700
JORDAN CLAUDINE W LOCKLIN KIMBERLYNN SCHULTZ & ASSOCIATES INC
596 E JEFFERSON AVE 521 SCHOFIELD ST PO BOX 863
SISTERS, OR 97759 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-01810 391E09BA 8900 PA-2015-01810 391E09BA 5700 PA-2015-01810 391E09BA 6300
SECOND SPRING PROPERTY LLC VAN HEUIT KATHLEEN R WHITALL RICHARD L TRUSTEE ET
108 SECOND ST PO BOX 94 75 INTERNATIONAL BLVD
ASHLAND, OR 97520 NAHCOTTA, WA 98637 SONOMA, CA 95476
PA-2015-01810
PA-2015-01810 MICHAEL HODSGIN 0
JUDITH GINSBURG COLEMAN CREEK CONSTRUCTION
630 LEONARD STREET 248 WALKER STREET
ASHLAND, OR 97520 ASHLAND, OR 97520
ASHLAND COMMISSION
PLANNING APPLICATION REVIEW COMMENT SHEET
October 8, 2015
PLANNING ACTION: PA-2015-01810
SUBJECT PROPERTY: 139 North Second Street
OWNER/APPLICANT: Judith Ginsburg
DESCRIPTION: The property owner is seeking approval to remove a large incense
cedar (Calocedrus) from the multi-unit residential property. The application states the tree is
close enough to the house and foundation to cause physical damage and a financial burden.
COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1;
ASSESSOR'S MAP: 39 lE 09BA; TAX LOT: 9600.
The Tree Commission recommends approving the application with conditions of approval and specific
recommendations listed below:
1) That an official letter from a licensed contractor on their business letterhead stating the tree is
negatively affecting the house foundation is submitted and approved by the Staff Advisor prior to
the tree being removed;
2) That a mitigation tree is replanted in the general area of the tree to be removed. The mitigation
tree must survive for at least one year from planting date.
Department of Community Development Tel: 541488-5350 CITY OF
51 Winbum Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
«-A-A,.ashland.or.us
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Planning Department, 51 Winburn Way, Ashland, Oregon 97520 [ 7
541-488-5305 Fax: 541-552-2050 www.ashland,or.us TTY: 1-800-735-2900 ASHLAND
NOTICE OF APPLICATION
PLANNING ACTION: PA-2015-01810
SUBJECT PROPERTY: 139 North Second Street
OWNER/APPLICANT: Judith Ginsburg
DESCRIPTION: The property owner is seeking approval to remove a large incense cedar (Calocedrus) from the
multi-unit residential property. The application states the tree is close enough to the house and foundation to cause
physical damage and a financial burden. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1;
ASSESSOR'S MAP: 39 1 E 09BA; TAX LOT: 9600.
i
NOTE: The Ashland Tree Commission will also review this Planning Action on Thursday, October 8, 2015 at 6:00 PM in the Community
Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way.
NOTICE OF COMPLETE APPLICATION: September 29, 2015
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: October 13, 2015
SUBJECT PROPERTY
- 1139 N Second Street
PA-2015-01010
1360 tear or
1Inch =30 feet ~E -ASHLAND
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The Ashland Planning Division Staff has received a complete application for the property noted above.
Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn
Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above.
Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a
notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the
comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the
application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning
Division 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 Folder\Msiled Notices & Signs\2015\PA-2015-018 10.docx
TREE REMOVAL
18.51.0403
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,
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PA-2015-01810 391 E09BA 9000 PA-2015-01810 391 E09BD 3900 PA-2015-01810 391 E09BA 9200
ALLEN DAVID S TRUSTEE ASHLAND LODGE #944/B P 0 E ASHLAND VILLAGE COTTAGES INC
630 RAY LANE P 0 BOX 569 18 CROCKER ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
i
PA-2015-01810 391 E09BA 5600 PA-2015-01810 391 E09BA 9600 PA-2015-01810 391 E09BA 9800
BARNHILL MARY K TRUSTEE ET AL BROWN WILLARD L TRUSTEE ET AL CORNITIUS LLC
P 0 BOX 1372 630 LEONARD ST 1355 CORA LN
ASHLAND, OR 97520 ASHLAND, OR 97520 AUBURN, CA 95603
PA-2015-01810 391 E09BA 9400 PA-2015-01810 391 E09BA 6100 PA-2015-01810 391 E09BA 9300
FINNEY ERIC/ERIN FIRST CHRISTIAN CH/ASHLAND FIRST CHRISTIAN CHURCH
159 N SECOND ST 318 B EINSTAD BARBARA (TREAS)
ASHLAND, OR 97520 ASHLAND, OR 97520 207 VISTA ST
ASHLAND, OR 97520
PA-2015-01810 391 E096A 10100 PA-2015-01810 391 E09BA 9100 PA-2015-01810 391 E09BA 6200
FIRST PLACE PARTNERS LLC FOUNTAIN STACY ET AL HARRELL BRUCE
815 ALDER CREEK DR C/O RICHARD DICKENSON C/O US BANK AS TRUSTEE
MEDFORD, OR 97504 134 N SECOND ST PO BOX 64142
ASHLAND, OR 97520 ST PAUL, MN 55164
PA-2015-01810 391 E09BA 9500 PA-2015-01810 391 E09BA 5800 PA-2015-01810 391 E09BA 9700
JORDAN CLAUDINE W LOCKLIN KIMBERLYNN SCHULTZ & ASSOCIATES INC
1473 S LA LUNA AVE 521 SCHOFIELD ST PO BOX 863
OJAI, CA 93023 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-01810 391 E09BA 8900 PA-2015-01810 391 E09BA 9900 PA-2015-01810 391 E09BA 5700
SECOND SPRING PROPERTY LLC UNITED STATES POSTAL SERV VAN HEUIT KATHLEEN R
ROOD DUDLEY 8055 E TUFTS AVE 400 PO BOX 94
108 SECOND ST DENVER, CO 80237 NAHCOTTA, WA 98637
ASHLAND, OR 97520
PA-2015-01810 391 E09BA 6300 PA-2015-01810 PA-2015-01810
WHITALL RICHARD L TRUSTEE ET AL JUDITH GINSBURG MICHAL HODSGIN
926 MARINA DR 630 LEONARD ST COLEMAN CREEK CONSTRUCTION
NAPA, CA 94599 ASHLAND, OR 97520 248 WALKER
ASHLAND, OR 97520
139 SECOND ST
9/29/15 NOC
21
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 29, 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 #2015-01810, 139 Second.
Signature of Employee
Document2 9/29/2015
Plan Submittal
1. Plans drawn to scale including the number, size,
species, and location of the tree proposed to be
removed from property (attached)
2. Upper Limit Tree Service looked at cedar tree and
gave me a quote for removal. They are waiting for
tree permit approval before removal. Date not
determined.
3. Statement of reasons for removal (see attached
statement and photos)
4. Information concerning proposed landscaping or
planting of new trees: There are two large existing trees
located in the parking strip on either side of the property
line. There are two lilac trees and a holly tree in the
parking strip at 139 2nd. Street. I am open to suggestions
from the tree committee.
5. The proposed tree for removal is surrounded by
yellow caution tape. It is located at the front of the
house.
6. A tree protection plan: Upper Limit has assured me
that no other trees or property will be impacted by
removal of cedar tree.
7. N/A
r
E
A Statement of Reasons to Remove Tree:
The large incense cedar tree located at 139 2nd street is approximately 88
inches in diameter and approximately 66 feet tall. It encroaches on the
walkway by 28 inches. It is approximately 36 inches from the foundation
and 24 inches from the roof and eaves. Over the years the steps and walkway
have been replaced twice because of rotting and upheaval from roots. They
need to be replaced now.. I've tried to save the tree since I bought the house
25 years ago but it is getting increasingly dangerous and expensive to
maintain for the following reasons:
First, a representative from Ashland Fire Department looked at the tree and
its relationship to the house. She said a cedar tree is a fuel tree and needs to
be removed because of the overhang and debris it accumulates on the roof.
Limbing up will not help because there is too much tree overhanging the
roof further up.
Second, the tree is uplifting the foundation. Terra Firma foundations and
Coleman Creek Construction looked at the tree and its relationship to the
house. Both companies said the tree roots were uplifting the foundation,
steps and walkway. Coleman Creek Construction will rebuild steps and
walkway once the tree is removed. Right now, the steps are rotted, uplifted
and unsafe to walk on.
Third, the tree is located too close to the house. I am no longer able to clear
the gutters on a regular basis. I must hire someone to do it at great expense
and danger. The gutters fill up after every windstorm as well as normal litter
from the tree.
Finally, since I bought the house, Steven Potter, Landscape Architect
planned and planted 25 new trees on the property. Removing the cedar will
eliminate many existing problems and create a more aesthetically pleasing
landscape.
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L L Planning Division ZONING PERMIT APPLICATION
a Ty or 51 Winburn Way, Ashland OR 97520
-ASHLAND 541-488-5305 Fax 541-488-6006 FILE#
DESCRIPTION OF PROJECT Z~c l®14 , 9 /
DESCRIPTION OF PROPERTY Pursuing LEED® Certification? ❑ YES XNO
Street Address
® 'Ile
ZVO
Assessor's Map No. 391 E Tax Lot(s) '76o 0 40
Zoning Comp Plan Designation C ` O
APPLICANT
Name Phone ,5 ®q ®7y' E-Mail 8~OGtJNG~JI L A// / "D,
Address _C Q X OG/✓ W SK City A:~ Zip
PROPERTY OWNER
Name vOo/°®~ PhoneSk! °7,5'U E-Mail VIAI
Address
SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER
Title ('BN% ~12 Name /~IC /760 G //1/ Phone-5'L//-,q 9® -21 V2_ E-Mail
Address X
r Gt,)Ai 4 ST ; City Zi g 75-0-001-C-H&/ CdeeF COq/s7AUCr ® p
Title /4 • o;1A° Name Phone -4 SS'2 ° 3
/ E-Mail
Address /45y(iVp 6w
City _ Zip 9 75
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. l 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
oved at my expense. if l have ny doubts, I am advised to seek competent professional advice and ance.
/
Date As owner of the property involved in this request, I have read and understood the complete application and its consequences tome as a property
er.
operty Owner's Signat (required)
Date'
[To be completed by City Staff]
Date Received Zoning Permit Type
Filing Fee
OVER N
GAcomm-devlplanning\Forns & HandoutslZoning Permit Applica6on.doc
Job Address: 139 N SECOND ST Contractor:
ASHLAND OR 97520 Address:
C
A Owner's Name: GINSBURG JUDITH/W L BROWN 0 Phone:
N State Lie No:
P ~ Customer 08494 City Lie No:
GINSBURG JUDITH/W L BROWN
Applicant: 630 LEONARD ST
Address: ASHLAND OR 97520 A
C C Sub-Contractor:
A Phone: T Address:
N Applied: 09/22/2015 O
T Issued: R
Expires: 03/20/2016 Phone:
State Lie No:
Maplot: City Lie No:
DESCRIPTION: Tree Removal
VALUATION
Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description
Total for Valuation:
MECHANICAL
ELECTRICAL
STRUCTURAL
PERMIT FEE DETAIL
Amount Fee Description Amount
Fee Description
Tree RemovalNerification 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 CITY OF
Inspection Request Line: 541-552-2080
-AS H LA N