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HomeMy WebLinkAboutMountain_S_662_PA-2016-01890 CITY F ASHLAND December 16, 2016 Notice of Final Decision i On December 16, 2016, the Community Development Director approved the request for the following: Planning Action: 2016-01890 Subject Property: 662 South Mountain Avenue Owner: Livni Family Trust/Gil Livni Trustee Applicant: Amy Gunter/Rogue Planning & Development Services Description: The City of Ashland's Planning Division received a request for a Tree Removal Permit to allow for the development of a single-family residence at the above mentioned address. This is a request to remove four non-hazardous Pondarosa Pine trees greater than 18 inches in diameter at breast height on an existing vacant property. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-7.5 ASSESSOR'S MAP: 39 lE 16 AA TAX LOT: 9001 The Community Development Director's decision becomes final and is effective on the 12' 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 Mark Schexnayder 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 Winbum Way Fax: 50-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us 7~ SECTION 18.5.1.050 Type I Procedure (Administrative Decision with Notice) E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to subsection 18.5.1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision. F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below. 1. Any party entitled to notice of the planning action, or any City department may request reconsideration of the action after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision. Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity to respond to the issue prior to making a decision. 2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall decide within three days whether to reconsider the matter. 3. If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any party entitled to notice of the planning action. 4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration. G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following: 1. Who May Appeal. The following persons have standing to appeal a Type I decision. a. The applicant or owner of the subject property. b. Any person who is entitled to written notice of the Type I decision pursuant to subsection 18.5.1.050.13. 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: 541488-5305 51 Winbum Way Fax: 541-552-2050 I Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.onus~ ''1 ASHLAND PLANNING COMMISSION FINDINGS & ORDERS PLANNING ACTION: PA-2016-01890 SUBJECT PROPERTY: 662 South Mountain Avenue OWNER: Livni Family Trust / Gil Livni Trustee APPLICANT: Amy Gunter / Rogue Planning & Development Services DESCRIPTION: The City of Ashland's Planning Division received a request for a Tree Removal Permit to allow for the development of a single-family residence at the above mentioned address. This is a request to remove four non-hazardous Pondarosa Pine trees greater than 18 inches in diameter at breast height on an existing vacant property. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-7.5 ASSESSOR'S MAP: 39 lE 16 AA TAX LOT: 9001 SUBMITTAL DATE: October 6, 2016 DEEMED COMPLETE DATE: October 25, 2016 STAFF APPROVAL DATE: December 16, 2016 DEADLINE TO APPEAL (4:30): December 28, 2016 FINAL DECISION DATE: December 28, 2016 APPROVAL EXPIRATION DATE: June 28, 2018 DECISION The application is a request to remove four trees located within a proposed building envelope at 662 South Mountain Avenue to allow for the development of a 2,200 square foot single-family residence. The four Pondarosa Pine trees proposed for removal are located near the center of the lot and are approximated to be 20-inches, 32-inches, 25-inches, and 30-inches in diameter at breast height (DBH). The subject property is one of the last remaining undeveloped lots in the area. The lot is roughly square in shape with a 10-15 percent slope from South Mountain Avenue up towards Elkader Street and the property slopes approximately 5-6 percent from south to north. The lot is approximately 0.17 of an acre, or 7,506 square feet. Due to the natural grade and confinements of this particular lot, development of the house in an alternate location in order to preserve the trees would likely not conform to other applicable Ashland Municipal Code requirements and standards. Staff has no reason to believe that removal of the trees will impact soil stability, erosion, or flow of surface water due to the location of the tree which is on a relatively flat and presumably most stable part of the parcel. Additionally, due to the concentration of other mature trees in the vicinity, including the tract and undeveloped right-of-way adjacent to the property, staff does not believe that removal will significantly impact tree densities, sizes, canopies and species diversity within 200 feet of the property. The Ashland Tree Commission reviewed the application at their regular meeting on November 3, 2016. The commission recommend denial based upon the perceived lack of, and incomplete, information provided with the application. The Tree Commission recommend that an updated Tree Protection Plan be submitted to staff. Subsequently, the Ashland Tree Commission reviewed the application for a second time at their regular meeting on November 8, 2016. The commission recommended not to approve the application after PA #2016-01890 662 South Mountain Avenue / MMS Page 1 reviewing the Tree Protection Plan, finding that the applicant did not demonstrate adequate protection of all trees within 15 feet of the subject property. Staff is in agreement that an updated an improved Tree Protection Plan would be beneficial to preserve the remaining trees in an effort to maintain canopy cover, soil stability, prevent erosion and maintain windbreaks in the area. The Ashland Municipal Code (AMC) section 18.4.5.030 requires that all Tree Protection Plans include trees within 15 feet of the subject property and provide protection from development. As such a condition has been added that the applicant shall provide a Tree Protection Plan that complies with AMC 18.4.5 and that the applicant follow the recommendations of the arborist report submitted by Southern Oregon Tree Care, LLC on October 6, 2016. However, in staff's assessment, development of a single-family residence on site is severely restricted by the location of the trees in the center of a proposed building envelope. Staff also believes the application has sufficiently demonstrated that the location of the four Pondarosa Pine trees prevents development on the lot that meets all other k! applicable AMC standards. Additionally, the applicant has included a proposed mitigation plan. Specific efforts proposed by the applicant include planting one deciduous hardwood tree on the property and planting two conifer trees off-site or a payment in lieu of planting the remaining three trees. Based on the discussion of this application before the Tree Commission, Staff will require the applicant to plant two trees for each one tree that is to be removed. The mitigation trees shall be at least two-inch caliper evergreen trees and will be a condition of approval. The criteria for Tree Removal Permit approval are described in AMC section 18.5.7.040.B: 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. PA #2016-01890 662 South Mountain Avenue / MMS Page 2 i 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. I Planning Action 2016-01890 requires a Type I review by planning staff pursuant to Ashland Municipal Code (AMC) 18.5.7.B.3. This proposal does not meet exemptions identified in AMC 18.5.7.C. The application with the attached conditions below complies with all applicable City ordinances for a Tree Removal Permit for trees that are not a hazard tree. Planning Action 2016-01890 is hereby approved to allow the removal of the four Pondarosa Pine trees (labeled number two, three, four, and five on the site plan received by the City on November 28, 2016.) Tree number seven as identified on the aforementioned site plan is NOT approved for removal. Tree number seven appears to be at least partially owned by the City of Ashland and as such would require an approved Street Tree Removal Permit prior to its removal. The Tree Removal Permit does not establish or vest an approved building envelope on the subject property. The building envelope and access to the property shown in the application materials are to demonstrate compliance with applicable code requirements and does not preclude the ability to adjust the building location in the future. Further, if any one or more of the following conditions are found to be invalid for any reason whatsoever, then Planning Action 2016-01890 is denied. The following are the conditions and they are attached to the approval: 1. Submittal of a revised Tree Protection Plan consistent with the standards described in 18.4.5.030 for review and approval by the Staff Advisor prior to site work, storage of materials or issuance of the building permit. The plan shall identify the location and placement of fencing around the drip lines of trees six-inches or greater diameter at breast height. The plan shall also identify a proposed ingress and egress to the subject property. The tree protection plan shall identify and protect all trees within 15 feet of the subject property with a tree protection zone and fencing. 2. That the tree protection fencing shall be installed according to the approved plan prior to any tree removal, site work, storage of materials or issuance of the building permit. The tree protection shall be inspected and approved by the Ashland Planning Department prior to site work, storage of materials or the issuance of a building permit. 3. All proposals of the applicant are conditions of approval unless otherwise noted. 4. The applicants shall provide four evergreen trees five to six foot tall (one for each tree removed) to be planted in a public location or on another property in the applicants ownership to be determined by the Staff Advisor. 5. Four inches of bark chips shall be placed over the subject property outside the building footprint during construction and that all recommendations included in the arborist report -provided by Southern Oregon Tree Care, LLC submitted October 6, 2016. PA #2016-01890 662 South Mountain Avenue / MMS Page 3 i i E Bill Molnar,/Director gate artt of Community Development PA #2016-01890 662 South Mountain Avenue / MMS Page 4 i' AFFIDAVIT OF MAILING I I G: STATE OF OREGON ) County of Jackson l'! F 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 December 16, 2016 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 #2016-01890, 662 S Mountain Ave. 1)104 Signat e of Employee Documend 12/1612016 y A113AV-09-008-L , )wdn-dod pjogaj 01 1919AW 4udu,vwAUq' i a 09LS a AH3AV j!jegeb al zesimn W0:)'AJ8Ae•Annnnn ! ap uile ajnq)eq el q zaildam ap sues , ~jolad q selpej sallonbl}3 PA-2016-01890 391E16AA 8800 PA-2016-01890 391E16AA 8700 PA-2016-01890 391E16AA 9400 BADEN ARTHUR TRUSTEE ET AL BELSKY STEVEN P TRUSTEE ET AL ECKERT ROBERT W 1120 FERN ST 609 ELKADER 100 SURFSIDE AVE ASHLAND, OR 97520 ASHLAND, OR 97520 I SAINT AUGUSTINE, FL 32084 I PA-2016-01890 391E16AA 1600. PA-2016-01890 391E16AA 1500 PA-2016-01890 391E16AA 1700 ESPINOZA EDGARD O/GINA H GINN RYAN D GRYNICK MALE L TRUSTEE 1098 PLEASANT WAY 1090 PLEASANT WAY 3526 DARRELL DR ASHLAND, OR 97520 ASHLAND, OR 97520 MEDFORD, OR 97501 i i PA-2016-01890 391E16AA 8900 PA-2016-01890 391E16AA 9300 PA-2016-01890 391E16AA 9200 HOPPE WOLFGANG TRUSTEE ET AL HOYEM SHAUN/AMBER JENSEN MELISSA ET AL 1116 FERN ST j 625 ELKADER ST 690 S MOUNTAIN AVE ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 i i i PA-2016-01890 391E16AA 8500 PA-2016-01890 391E16AA 9000 PA-2016-01890 391E16AA 2000 KEEVIL JEAN ANN/THOMAS ALAN LIVNI FAMILY TRUST ET AL MARKLE WALTER G/DONNA M 600 FOREST ST 2532 OLD MILL WAY 681 S MOUNTAIN ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-01890 391E16AA 1000 PA-2016-01890 391E16AA 9500 PA-2016-01890 391E16AA 900 PLAPINGER R F/ANNIE E HOY SACKS DAVID A TRUSTEE ET AL STACEY JEFFREY W 1085 PLEASANT WAY 698 S MOUNTAIN AVE 625 MOUNTAIN AVE S ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-01890 PA-2016-01890 WILLIE GINGG ROGUE PLANNING & DEVELOPMENT SOUTHERN OREGON TREE CARE 1424 IVY STREET P.O. BOX 5140 MEDFORD, OR 97501 CENTRAL POINT, OR 97502 I i 'I !I i 1 i i i T a w1a6p3 do-dod asodxa w jaded paad ! ®09LS aleldmal ®~any asn 009LS OAU 01 aull 6uole puag v i slege, ®laad Ase3 ASHLAND TREE COMMISSION PLANNING APPLICATION REVIEW COMMENT SHEET December 8, 2016 PLANNING ACTION: PA-2016-01890 SUBJECT PROPERTY: 662 South Mountain Avenue APPLICANT: Amy Gunter/Rogue Planning & Development Services DESCRIPTION: This is a request to remove four non-hazardous Pondarosa Pine trees greater than 18-inches in diameter at breast height on a vacant property located at 662 South Mountain; Avenue. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 39 1E 16 AA TAX LOT: 9001. A motion made at The Tree Commission to recommend conditional approval of the application did not carry. Approval was not recommended. 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I z ~ I ' ~r 1 _ FT] I 1 F, 1 C~ s I ` r 4 j try' 'L 3 all, t a - mss., a s - k - rs-. .5r > t - r v 15 ( F' t' w r' .:J rF rn ~ ' ? ! rr, r~ ri rn kit ~ r ` 4 FF. !F co ASHLAND COMMISSION PLANNING APPLICATION REVIEW/ COMMENT SHEET November 3, 2016 I PLANNING ACTION: PA-2016-01890 SUBJECT PROPERTY: 662 South Mountain Avenue APPLICANT: Amy Gunter/Rogue Planning & Development Services DESCRIPTION: This is a request to remove four non-hazardous Pondarosa Pine trees greater than 18-inches in diameter at breast height on a vacant property located at 662 South Mountain Avenue. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 39 1E 16 AA TAX LOT: 9001, f i The Tree Commission recommends denial of the application as submitted along with specific recommendations below: "that the applicant mm^k the trees on site and submit the following information for subsequent review: updated tree inventory and tree protection plan, a shadow plan of the development, as well as an ingress and egress plan " Department of Community Development Tel: 541.488-5350 CITY F 51 Winbum Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 -AS HL AN D xvmNwasliland.onus 1 r-: r r,1 Y OF Planning Department, 51 Winburn Way, Ashland, Oregon 97520 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 AND NOTICE OF APPLICATION i PLANNING ACTION: PA-2016-01890 SUBJECT PROPERTY: 662 South Mountain Avenue APPLICANT: Amy Gunter/Rogue Planning & Development Services DESCRIPTION: This is a request to remove four non-hazardous Pondarosa Pine trees greater than 18-inches in diameter at breast height on a vacant property located at 662 South Mountain Avenue. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 391 E 16 AA TAX LOT: 9001. NOTE: The Ashland Tree Commission will also review this Planning Action on Thursday, November 3, 2016 at 6:00 PM in the Community I Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way. t NOTICE OF COMPLETE APPLICATION: October 25, 2016 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: November 6, 2016 f PLEASANT WY L L SUBJECT PROPERTY - - J J 1662 South Mountain Avenue PA-2016.0189 Q FERN ST J Z ul j or: o O _J L_ _J Ln pd i 1 I ~ I J I 1:600 A" finch=50 feet w{ ~e _ NI~r.w.c,e4uGelro~ wl(Ois wsemxnt ot~o-fTy lac 0" 0 u 5o veo~ g should be ladsn dandy field loft larezbtenca endlorloutlai. The Ashland Planning Division Staff has received a complete application for the property noted above. Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above. Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staff's decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.5.1.050.G) The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court. A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services Building, 51 Winburn Way, Ashland, Oregon 97520. If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305. GAcomm-dev\planning\Planning Actions\Noticing FolderWailed Notices & Signs\2016\PA-2016-01890.docx TREE REMOVAL PERMIT 18.5.7.040.13 i i 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. a. 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. b. 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, c. 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, d. 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. e. 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. GAcomm-dev\planning\Planning Actions\Noticing Folder\Mailed Notices & Signs\2016\PA-2016-01890.docx SIDi Malo 820 I 6,01 j a f D 8300 z1o1 WOO 761 BUD 200 12 1100 1d13}kd} no 31@0 ii F E N N 15T 9600 1' ifs -97 002 r , j 1 M 57 2100 y.+ O 2200 9 2' I ~k 9700 232, 2304 I 2"1 2-303 2302 a 00 ii iL lip 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 10/25/161 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 #2016-01890, 662 S Mountain. Signature of Employee E_ i DocumeW 10/25/2016 PA-2016-01890 391 E16AA 8800 PA-2016-01890 391 E16AA 8700 PA-2016-01890 391 E16AA 9400 BADEN ARTHUR TRUSTEE ET AL BELSKY STEVEN P TRUSTEE ET AL ECKERT ROBERT W 1120 FERN ST 609 ELKADER 100 SURFSIDE AVE ASHLAND, OR 97520 ASHLAND, OR 97520 SAINT AUGUSTINE, FL 32084 PA-2016-01890 391 El6AA 1600 PA-2016-01890 391 E16AA 1500 PA-2016-01890 391 E16AA 1700 ESPINOZA EDGARD 0/GINA H GINN RYAN D GRYNICK MAIE L TRUSTEE 1098 PLEASANT WAY 1090 PLEASANT WAY 3526 DARRELL DR ASHLAND, OR 97520 ASHLAND, OR 97520 MEDFORD, OR 97501 PA-2016-01890 391 E16AA 8900 PA-2016-01890 391 E16AA 9300 PA-2016-01890 391 E16AA 9100 HOPPE WOLFGANG TRUSTEE ET AL HOYEM SHAUN/AMBER JENSEN MELISSA ET AL 1116 FERN ST 625 ELKADER ST 690 S MOUNTAIN AVE ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-01890 391 El6AA 8500 PA-2016-01890 391 El6AA 9000 PA-2016-01890 391 E16AA 2000 KEEVIL JEAN ANN/THOMAS ALAN LIVNI FAMILY TRUST ET AL MARKLE WALTER G/DONNA M 600 FOREST ST 2532 OLD MILL WAY 681 S MOUNTAIN ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR' 97520 PA-2016-01890 391 El6AA 1000 PA-2016-01890 391 E16AA 9500 PA-2016-01890 391 E16AA 900 PLAPINGER R F/ANNIE E HOY SACKS DAVID A TRUSTEE ET AL STACEY JEFFREY W 1085 PLEASANT WAY 698 S MOUNTAIN AVE 625 MOUNTAIN AVE S ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-01890 PA-2016-01890 ROGUE PLANNING & DEVELOPMENT WILLIE GINGG 662 S Mountain 1424 S IVY ST S.O. TREE CARE NOC 17 MEDFORD, OR 97501 PO BOX 5140 10/25/16 CENTRAL POINT, OR 97502 ROGUE PLANNING 6 DEVELOPMENT SERVICES, LLC October 7, 2016 Subject Property: 662 South Mountain Avenue Map & Tax Lot: 39 1E 16AA; Tax Lot 9001 i Property Owner: Gil Livni 2532 Old Mill Way Ashland, OR 97520 r Applicant: Rogue Planning and Development Services LLC 1424 S Ivy Street Medford, OR 97504 Comprehensive Plan Designation: Single-family residential Zoning: R-1-7.5 Lot Area: 7,985 (post Boundary Line Adjustment) .172 acres / 7,506 square feet Request: °.24 Ac, 47 37 48' 3B- Tree removal permit for the removal of four Ponderosa Y CS 5202 ` pine trees greater than 18-inches in diameter at breast ' height (DBH) on a vacant, single family residential lot. FERN STREET 23 AC. p ; 0001 0 0 17 ~oo Site Background: ' -AC 90M4 Ac. 2 2 The subject property is a vacant lot on the east side of (91002 J.17A, CS-10124 South Mountain Avenue. The property was originally E-part of lots 28 and 29 of the Galey Addition from 1907. {1300 ac oU p In 1984, the subject lot in its current configuration was 6.25 created as part of a three-lot partition from the larger parcel to the east, (TL#9000) at 1135 Fern Street (PA 02B AC. ~ ~1 rna9>c I nr' ec garter 33 84-029). The lots were then consolidated and remained QSo under one ownership. The lot lines were re-activated in early June 2016. The subject property and the surrounding properties are all zoned Single Family Residential (R-1-7.5). The property is within the wildfire hazard zone. The property slopes fairly evenly at about 10 - 15 percent from Mountain up towards Elkader Street. The cross slope of the property is approximately 5 - 6 percent from south to north. 1 l ROGOE PLANNING li DEVELOPMENT SERVICES, LLC There are a number of larger stature trees on the property. A tree inventory has been provided, additionally an arborist report was completed by Arborist Willie Gingg of Southern Oregon Tree Care. The arborist reviewed the health of trees and their suitability to construction. As we walked through the property, it was evident that nearly all of the trees had evidence of insect damage. There was a presence of Mountain Pine bores, Turpentine beetles, Pitch moths and gall rust. Though these issues tend to not be a major problem in isolated incidents in the forest, in an urban setting where construction is to occur, the stressed trees will likely suffer further. The construction of the residence will alter the site drainage and hydrology. With Ponderosa pines, though somewhat tolerant to construction, the heavily forested site and the adjacent undeveloped public right-of-way for Fern Street below the driveway. The tree removals have been requested to facilitate the future development of the property a single family residence. The lot area provides for one single-family residential unit to be constructed on the property as a permitted use. The request is to process the tree removal permit in advance of construction so as to facilitate the impending residential construction at one time and reduce the impacts from construction in an expeditious manner. Additionally, the adjacent parcels have trees on the site that will require removal under a separate permit. The subject property, will be developed as a single family residence which is consistent with the Purpose and Intent of the Single Family Residential zone where the Tree Removal ordinance finds that property owners should have the freedom to determine the nature of their private landscaped surroundings. The heavily forested site in its present condition provide very little buildable area for any structure due to the canopy coverage and the large tree protection / critical root zones for large stature ponderosa pine trees. The applicant finds that the request to remove four, non-hazard, Ponderosa Pine trees in order to allow for the construction of a single family residence complies with the standards for development can be found in compliance with the Land Use Ordinance. More specifically, 18.5.7.030.B.2.a., that the removal is in order to permit the application consistent with other applicable land use ordinance requirements and standards. Below are findings addressing the tree removal permit criteria. 18.5.7.030. B. Tree Removal Permit. 2. Tree that is Not a Hazard. a. 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 18.3.10. According to the table of allowed uses in the zone, the construction of a single family; residence andja; garage is a permitted use in the R-1 zone (18.2.2.030.B). A permitted use is allowed provided they comply with chapter 18.2.3., Special Use Standards and are subject to the development standards of 2 ROGUE PLANNING 6 DEVELOPMENT SERVICES, LIE the zone. The special use standards do not apply to single family home and accessory structure construction. The development standards of the zone call for standard yard requirements and provides for special yard exceptions for accessory structures (18.2.5.040). Standard setbacks for the zone are six-foot side yard and ten feet per story rear yard setback. In addition to the yard setbacks there are solar setbacks that affect structure placement on a piece of property. Due to the large area of the Ponderosa tree's driplines, without tree removal, the vacant developable C site is unable to have a single family residence consistent with the development pattern in the neighborhood on the property. Due to the large optimal tree protection zone, any construction would negatively impact the tree's root system. The proposal is to retain that largest, healthiest trees on the site while still meeting the permitted use standards. The removal of the trees allows for the site to be developed in accordance with the outright permitted uses allowed in the zone, the single family residence and the detached garage accessed from the alley. b. 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. The removal of the Ponderosa pines will not have any negative impacts on erosion, soil stability, flow of surface waters and it is not part of any windbreak. A single family residential structure will be located on the site in the location of the tree preventing any erosion or soil stability issues. There are no surface waters on the site. c. 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. The tree removals will not have a negative impact on tree densities, sizes, canopies or species diversity within 200 feet of the property. There are a number of other Ponderosa pines to be retained on the subject property and the adjacent parcels. With the property being so close to the urban wildland interface, there are a large number of Ponderosa pines and other conifer trees and numerous other deciduous trees found within 200-feet of the property. d. 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 oat trCes, so long; as the alternatives continue to comply with the other provisions of this ordinance. 3 ROGUE PLANNING 6 DEVELOPMENT SERVICES, LLC The proposal is to allow for the tree removals in order to allow for the construction of a single family residential home that will comply with the minimum setback, lot coverage and parking standards. The tree removal will allow for the construction of a single family residence. The property is within the wildfire hazard area and the site is required to comply with the standards for wildfire hazard areas found in AMC 18.3.10.100.B. A 40-foot primary fuel break is required around the structure. The small diameter fuels, dry shrubs and the grasses have been removed reducing the immediate fire danger on the site. Ashland's municipal code does not have specific adopted regulations but there are national standards and standards applied by Oregon Department of Forestry (ODF). The standards are generally a 20-foot spacing between individual conifers and 30-feet between groups of trees. All trees that are overhanging residences should be removed to at least 10-foot of clearance. It is the property owner's responsibility as a property developer and to the future homeowners that the property has defensible space as recognized by decades of research on wildfire behavior. The large conifers on the site, after the tree removal will be closer to the nationally recognized standards for wildfire hazard reduction on urban wildland interface properties. I e. 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. See below. 18.5.7.050 Mitigation Required One or more of the following shall satisfy the mitigation requirement. A. Replanting On-Site. The applicant shall plant either a minimum 1 1/2-inch caliper healthy and well- branched deciduous tree or a five to six-foot tall evergreen tree for each tree removed. A single 2-inch caliper deciduous is proposed to replace the one of the tree proposed for removal. This tree will be planted prior to occupancy permit for the new residence. B. Replanting Off-Site. If in the City's determination, there is insufficient available space on the subject property, the replanting required in section 18.5.7.050.A, above, 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 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 property. Due to the parcels location within the Wildfire Hazards Zone and with the small lot area, it would be prudent to not increase fuel load on the subject property. Two conifer, trees will be planted off-site on property owned by the Livni Family Trust, or a payment in lieu of planting option for the remaining three trees is possible. 4 ROGUE PLANNING 6 DEVELOPMENT SERVICES, LLC Tree Protection Measures Required. The remaining trees on the site will have tree protection fencing installed prior to site work and installed in accordance with the plan. The property owner / contractor Gil Livni is responsible for the tree protection fencing. Parcel #1 to the south has trees that will be impacted which will have their own tree removal permit applied for. 1. Six-foot tall, chain-link fencing with steel posts placed no farther than ten feet apart, will be installed at the edge of the tree protection zone or dripline, whichever is greater. 2. The fencing shall be flush with the initial undisturbed grade. 3. Approved signs will be attached to the chain link fencing stating that inside the fencing is a tree protection zone, not to be disturbed unless prior approval has been obtained from the Staff Advisor for the project. 4. No construction activity shall occur within the tree protection zone, including, dumping or storage of materials such as building supplies, soil, waste items, equipment, or parked vehicles. 5. The tree protection zone shall remain free of chemically injurious materials and liquids, and construction debris or run-off. 6. No excavation, trenching, grading, root pruning, or other activity will occur within the tree protection zone unless approved by the Staff Advisor. 7. All required tree protection measures set forth in this section shall be instituted prior to any development activities, including, clearing, grading, excavation, or demolition work, and will be removed only after completion of all construction activity, including landscaping and irrigation installation. Tree Inventory Parcel #2 (662 S Mountain) Optimal Tree Preservation Zone (OPZ) # Species DBH (inches) Crown Radius in feet:.75 ft/inch DBH: Condition / Observation: Notes: 1 Ponederosa pine 28 15.5 21 healthy retain 2 Ponederosa pine 28 16 21 pitch pockets retain 3 Ponderosa pine 20 12.5 15 pitch pockets / sawdust shavings remove pitch pockets / within building 4 Ponderosa pine 32 18 24 footprint remove pitch pockets /within building 5 Ponderosa pine 25 15 18.75 footprint remove 6 Ponderosa pine 24 18 13 healthy retain 7 Ponderosa pine 30 22 22,5 within foundation cut remove Attachments: Tree Removal Permit site plan 5 i J t A } t t "OH g ~ ~i : ~ I II ~ ~ (1.~„ spy i ~"y P - i k < K I was contacted by Gil Liveney regarding a home site development project at 1135 Fern St. in Ashland, Oregon. I met Gil and Amy Gunter on site July 28th 2016 to discuss the project and what they needed from me. My assignment was to determine which ponderosa pine trees could be reasonably retained on two parcels that border Mountain Ave on this development site based on the layout of the buildings. The southern parcel has seven pine trees on it. Four of these are inside the building foot print. One is three feet outside of cut line (approximate area of excavation area for foundation) and the tree is 40 inches DBH (diameter breast height) and leaning south over a neighboring home. Another Pine tree is three feet away from the garage cut on the east side of the building and 22 inches DBH. The remaining tree is located in the northwest corner of that parcel and 20 feet away from nearest building corner, it is 32 inches DBH. The northern parcel has seven trees on it as well and three are inside the footprint of that building. There is a 28 inch DBH pine tree five and one half feet from cut line. Another 28 inch DBH pine is located 13 feet from cut line and 10 feet from the street. There is a 24 inches DBH tree 15 feet from the cut line. The remaining tree from this parcel is 30 inch DBH, and 15 feet north of north cut line. Ponderosa pine has a relatively good tolerance to fill soils and root pruning. Optimal tree preservation zones (OPZ) for the trees outside the cut lines are .75 feet per inch of DBH (Matheny Clark 1998). So for example, the smallest tree on the plan outside of the cut line is 22 inches DBH. This tree would have an optimal preservation zone of 16.5 feet. This particular tree is three feet from the cut line. This is well inside the OR and would likely be both a cause for the tree to die as well as for the tree to fail structurally do to major structural root loss. In conclusion I believe only four pine trees should be saved on these two parcels due to proposed construction plans. One on the southern parcel at the northwest corner. One near the southwest corner of the north lot and the two trees near the northern edge of the north lot. These trees should be irrigated at least weekly during the summer months beginning as soon as possible to decrease stress. As well they should have temporary fencing placed around them prior to construction commencing. This fence is to keep out vehicular traffic, equipment clean out, storage etc. All care to minimize soil compaction and excavation around the remaining trees is critical during construction. Some of these trees showed signs of insect damage, they should be treated with a systemic insecticide as soon as possible and again next spring as well. All trees to remain will have some impact inside the OPZ so if these steps are not taken the chances of tree survival will be significantly reduced. If any major roots from the four trees are encountered in the excavation process they should be worked around until a qualified arborist is consulted. Root pruning should be done with sharp hand tools to minimize long term damage. Feel free to contact us for any additional information that may be required. Willie Gingg Date V t ONING PERMIT APPLICATION Planning Division C I r y 0 51 Winbwn Way, Ashland OR 97520 FILE ' d a -ASHLAND 541-488-5305 Fax 541-488-6006 DESCRIPTION OF PROJECT TREE REMOVAL PERMIT DESCRIPTION OF PROPERTY Pursuing LEED® Certification? DYES YNO Street Address 662 SOUTH MOUNTAIN AVENUE Assessor's Map No. 39 1E 16AA Tax Lot(s) 9001 Zoning R-1-7.5 Comp Plan Designation SINGLE FAMILY RESIDENTIAL APPLICANT Name Amy Gunter, Rogue Planning & Development Lres541-951-4020 E-Mail amygunter.planning@gmail.com Address 1424 S Ivy Street City Medford Zip 97501 PROPERTY OWNER Name Livni Family Trust - Gil Livni Trustee Phone 510-913-5110 E-Mail magnoliafinehomes@gmail.com Address 2532 Old Mill Way City Ashland Zip 97520 SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER Title Arborist Name Willie Gingg, Southern OR Tree aoae 541-772-0404 E-Mail info@sotreecare.com Address PO Box 5140 City Central Point Zip 97502 Title Name Phone E-Mail Address City Zip / 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 1 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 in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to be Areved at my ense. If l have any doubts, l am advised to seek competent professional advice and assistance. 10 A pli n ; Signature Date As owner of the property involved in this request,) have read and understood the complete application and its consequerras;to me as a pro, -,c-ri owner. Property Owne Sign ure (required) Date fro be completed by City Staff Date Received dwi(o Zoning Permit Type f Filing Fee $ OVER 0 G:lcomm-de0planningTorms & Handouts\Zoning Permit Application.doc I i Job Address: 662 S MOUNTAIN AVE Contractor: ASHLAND OR 97520 Address: C A Owner's Name: LIVNI GIL/KATHLEEN O Phone: P Customer 07266 N State Lic No: P LIVNI GIL/KATHLEEN T City Lic No: L Applicant: 2532 OLD MILL WAY R I Address: ASHLAND OR 97520 A C C Sub-Contractor: A Phone: Y Address: N Applied: 10/06/2016 C T Issued: R Expires: 04/04/2017 Phone: State Lic No: Maplot: 391 E16AA9001 City Lic No: DESCRIPTION: Tree Removal VALUATION Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description Total for Valuation: MECHANICAL ELECTRICAL STRUCTURAL PERMIT FEE DETAIL Fee Description Amount Fee Description Amount Tree Removal/Verification 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 -ixs wri LAN D' i f I hereby certify the contents of this application to be correct to the best of my knowledge, and furthermore, that I have read, Fee Summary Paid Amounts understood and agreed to the following: Building: $ 0.00 $ 0.00 1. This permit shall remain valid only in accordance with code State Surcharge: $ 0.00 $ 0.00 or regulation provisions relating to time lapse and revocation Development Fees: $ 0.00 $ 0.00 (180 days). 2. Work shall not proceed past approved inspection stage. All Systems Development Charges: $ 0.00 $ 0.00 required inspections shall be called for 24 hours in advance. Utility Connection Fees: $ 0.00 $ 0.00 3. Any modifications in plans or work shall be reported in advance to the department. Public Works Fees: $ 0.00 $ 0.00 4. Responsibility for complying with all applicable federal, state, Planning Fees: $ 28.00 $ 28.00 or local laws, ordinances, or regulations rests solely with the Sub-Total: $ 28.00 applicant. Fees Paid: $ 28.00 Applicant Date Total Amount Due: $ 0 COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 East Main St. Fax: 541-488-5311 Ashland, OR 97520 TTY: 800-735-2900 www.ashland.ocus CITY F Inspection Request Line: 541-552-2080