HomeMy WebLinkAboutHersey_119-131_PA-2016-01843
CITY or
ASHLAND
November 21, 2016
E
Notice of Final Decision
On November 21, 2016, the Community Development Director approved the request for the following:
Planning Action: 2016-01843
Subject Property: 119-131 East Hersey
Applicant: Oak View Homeowners Association
Description: This is a request to remove one potentially hazardous tree.
COMPREHENSIVE PLAN DESIGNATION: Multi-family Residential; ZONING: R-2;
ASSESSOR'S MAP: 391E 04 CD TAX LOT: 513.
The Community Development Director's decision becomes final and is effective on the 12t' 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 Cory Darrow in the Community
Development Department at (541) 488-5305.
cc: Parties of record and property owners within 200 ft
i,
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
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.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 ofNotice of-4ppeal. The notice of appeal shall be accompanied by the required filing fee and shall contain.
i. An identification of the decision being appealed, including the date of the decision.
ii. A statement demonstrating the person filing the notice of appeal has standing to appeal.
iii. A statement explaining the specific issues being raised on appeal.
iv. A statement demonstrating that the appeal issues were raised during the public comment period.
d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a
jurisdictional defect and will not be heard or considered.
3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before the
Planning Commission. The appeal shall not be limited to the application materials, evidence and other documentation,
and specific issues raised in the review leading up to the Type I decision, but may include other relevant evidence and
arguments. The Commission may allow additional evidence, testimony, or argument concerning any relevant
ordinance provision.
4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type II public hearing procedures,
pursuant to section 18.5.1.060, subsections A - E, except that the decision of the Planning Commission is the final
decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the
adopted and signed decision. Appeals of Commission decisions must be filed with the State- Land Use Board -of
Appeals, pursuant to ORS 197.805 - 197.860.
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
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ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: PA-2016-01843
SUBJECT PROPERTY: 119-131 East Hersey
APPLICANT: Oak View Homeowners Association
DESCRIPTION: This is a request to remove one potentially hazardous tree.
COMPREHENSIVE PLAN DESIGNATION: Multi-family Residential; ZONING: R-2;
ASSESSOR'S MAP: 39 1E 04 CD TAX LOT: 513
SUBMITTAL DATE: September 30, 2016
DEEMED COMPLETE DATE: October 21, 2016
STAFF APPROVAL DATE: November 21, 2016
DEADLINE TO APPEAL (4:30 p.m.): December 3, 2016
FINAL DECISION DATE: December 4, 2016
APPROVAL EXPIRATION DATE: May 4, 2018
DECISION
Application PA-2016-01843 requests to remove one tree from the Oak View Townhomes property.
This property abuts the north side of East Hersey Street 110' east of Oak Street. The property
contains six townhomes on site. The tree proposed for removal is on the south of the property
within commonly owned area.
The application describes damage to irrigation and water infrastructure caused by an invasive root
system and poor location of the tree. The application states this was discovered in June, 2015 when
a leak was discovered coming from the water meters. The water was turned off at the street at that
time.
The property has been without irrigation for several years now due to the damage caused. Multi-
family properties within Ashland are required to provide irrigated landscaping; the damage caused
has brought the property out of conformance. The application proposes to correct this issue. The
location of the tree next to the water meters is now threatening additional damage.
An arborist report was submitted with the application. Certified Arborist Matt Ison of Hooper
Springs Tree Service stated that, "the tree is growing on top of the water lines and has caused
breaking pipes and is leaking. In my opinion, the best solution to this problem would be for
removal of the tree".
Staff would like to note that a few years ago, several diseased trees were removed from the
property with approval from the Planning Division. The approval required planting mitigation
trees however, according the applicant, the required mitigation trees were not installed due to the
state of drought in the City.
The Ashland Tree Commission reviewed this request at their regular meeting on November 3,
2016 where they unanimously voted to recommend conditional approval of the application.
Upon review of the application and taking the Tree Commission recommendation into
consideration, Staff finds the application with attached conditions has sufficiently demonstrated
PA-2016-01843
119-129 E. Hersey
Page 1
consideration, Staff finds the application with attached conditions has sufficiently demonstrated
compliance with the applicable approval criteria.
The criteria for Tree Removal Permit approval are described in AMC section 18.5.7.040.B
as follows:
1. Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority finds that
the application meets all of the following criteria, or can be made to conform through the
imposition of conditions.
a. The applicant must demonstrate that the condition or location of the tree presents a clear
public safety hazard (i. e., likely to fall and injure persons or property) or a foreseeable
danger of property damage to an existing structure or facility, and such hazard or danger
cannot reasonably be alleviated by treatment, relocation, or pruning. See definition of
hazard tree in part 18.6
b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant
to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the
permit.
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.
Planning Action #2016-01843 is a request to remove one hazardous tree from the front of the Oak
View Townhomes property located at 119-129 East Hersey Street.
The application with the attached conditions complies with all applicable City ordinances for a
tree removal permit. Planning Action #2016-01843 is therefore approved. The following are the
PA-2016-01843
119-129 E. Hersey
Paize 2
conditions and they are attached to the approval. If any of the following conditions are found not
to be true, then Planning Action #2016-01843 is denied:
1) That all proposals of the applicant shall be conditions of approval unless otherwise
modified here.
2) That three (3) mitigation trees for the previous removals shall be planted on site
within 60 days of issuance of this decision.
3) That one (1) mitigation tree be planted within 60 days following the removal of the
hazard tree.
4) That all mitigation trees be planted at minimum of a 1.5" caliper and irrigation be
provided.
ill Molnar, irector Date
Department g Community Development
PA-2016-01843
119-129 E. Hersey
page 3
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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 November 21, 2016 1 caused to be mailed, by regular mail, in a sealed
I
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 #2016-01843, 119-131 East Hersey.
Signature of Employee
Documend 11121/2016
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PA-2016-01843 391E04CD 1200 PA-2016-01843 391E04CD 413 PA-2016-01843 391E04CD 515
ASHLAND CHRISTIAN BARCHARD DEBRA A BEAUFORT ANNE TRUSTEE
50 E HERSEY ST 480 POPLAR PL 129 E HERSEY ST
i
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01843 391E04CD 516 PA-2016-01843 391E04CD 412 PA-2016-01843 391E04CD 518
BERRY DONNA M TRUSTEE ET AL BURGER EDWARD DORSEY CARVER CAROLINE
366 RIVER PARK DR 485 POPLAR PL 517 WINTERBERRY DR
REDDING, CA 96003 ASHLAND, OR 97520 FREDERICKSBURG, VA 22405
PA-2016-01843 391E04CD 520 PA-2016-01843 391E04CD 414 PA-2016-01843 391E04CD 1906
CHAN THERESA CHANG CECE XUYEN HUA TRUSTEE CLEAR CONCEPTS OF OREGON LLC
119 E HERSEY ST 490 POPLAR PL 1235 WESTMONT DR
ASHLAND, OR 97520 ASHLAND, OR 97520 JACKSONVILLE, OR 97530
PA-2016-01843 391E04CD 1905 PA-2016-01843 391E04CD 500 PA-2016-01843 391E04CD 1903
CLEAR CREEK INVESTMENTS LLC CUMMINGS MICHELLE THERESE DELGADO INVESTMENTS LLC
845 OAK ST 107 GRANITE ST 148 E HERSEY ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01843 391E04CD 802 PA-2016-01843 391E04CD 803 PA-2016-01843 391E04CD 2800
GAGER PHILIP/SUSAN A NEWELL GOGUEN JAMES A HOLLAND GEORGE H
PO BOX 464 368 KENT ST 153 HERSEY ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01843 391E04CD 1801 PA-2016-01843 391E04CD 410 PA-2016-01843 391E04CD 3200
KAGYU SUKHA CHOLING KENNEDY KATHERINE P LILLY JANET C
109 CLEAR CREED DR 102 495 POPLAR PL 141 E HERSEY ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01843 391E04CD 406 PA-2016-01843 391E04CD 519 PA-2016-01843 391E04CD 2500
MCALLISTER ROBERT M JR MCCHESNEY DONNA MOWAT DAVID TRUSTEE ET AL
538 OAK ST 121 E HERSEY ST 163 EAST HERSEY ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01843 391E04CD 3100 PA-2016-01843 391E04CD 404 PA-2016-01843 391E04CD 801
NEWTON PHYLLIS M TRUSTEE ET AL PECKHAM BARRY POPELKA VANCE C
139 E HERSEY ST 315 OAK ST 575 OAK ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01843 391E04CD 517 PA-2016-01843 391E04CD 402 PA-2016-01843 391E04CD 2600
POUPENEY PADDY ROSE TRUSTEE ET RATH T/JESSICA SABOLBORO REICHERT ELDRED A/JOAN C
21 FRANCISCA DR 542 OAK ST 161 E HERSEY ST
MORAGA, CA 94556 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01843 391E04CD 407 PA-2016-01843 391E04CD 403 PA-2016-01843 391E04CD 408
SUPPRESSION #09 TIMMENS J T/MARCY BEHRINGER VIDMAR DALE J TRUSTEE ET AL
2322 SILVER CREW PASS #1323 540 OAK ST 505 POPLAR PL
HENDERSON, NV 89052 ASHLAND, OR 97520 ASHLAND, OR 97520
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PA-2016-01843 391E04CD 804 PA-2016-01843 391E04CD 2900 PA-2016-01843 391E04CD 514
VOGEL VIRGINIA L TRUSTEE ET AL WOOD STEPHANIE ANN ZUNDEL JEFFREY ROBERT
924 BELLVIEW AVE PO BOX 24 107 GRANITE ST
ASHLAND, OR 97520 OILTON, OK 74052 ASHLAND, OR 97520
MATT ISON JEANINE STURM
HOOPER SPRINGS TREE SERVICE THIS SEASON'S COLOR INC.
P.O. BOX 3258 P. O. BOX 847
ASHLAND, OR 97520
ASHLAND, OR 97520
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ASHLAND TREE COMMISSION
PLANNING APPLICATION REVIEW COMMENT SHEET
November 3, 2016
PLANNING ACTION: PA-2016-01843
SUBJECT PROPERTY: 119-131 East Hersey
APPLICANT: Oak View Homeowners Association
DESCRIPTION: This is a request to remove one potentially hazardous approximately 24 diameter-
at-breast-height Cottonwood tree. Approval to remove the tree was previously granted in 2014 however,
the approval has since expired. The applicant has proposed to mitigate the removal by planting four new
trees on the property.
COMPREHENSIVE PLAN DESIGNATION: Multi-family Residential; ZONING: R-2;
ASSESSOR'S MAP: 391E 04 CD TAX LOT: 513
PLANNER: Cory TREE: YES HISTORIC: NO
The Tree Commission recommends approval of the application as submitted along with specific
recommendations below:
"that staff verify that previous removals were permitted and mitigation was completed as required, if it is
found that mitigation was not performed as required, that fines be levied and mitigation occur within 60
days following removal."
Department of Community Development Tel: 541-488-5350 C I T Y OF
51 Winbum Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900 , wS LAN vu
«%vNv.ashland.or.us
i
CITY 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 ASHLAND
NOTICE OF APPLICATION
PLANNING ACTION: PA-2016-01843
SUBJECT PROPERTY: 119-131 East Hersey
APPLICANT: Oak View Homeowners Association
DESCRIPTION: This is a request to remove one potentially hazardous approximately 24" diameter-at-breast-height
Cottonwood tree. Approval to remove the tree was previously granted in 2014 however, the approval has since
expired. The applicant has proposed to mitigate the removal by planting four new trees on the property.
COMPREHENSIVE PLAN DESIGNATION: Multi-family Residential; ZONING: R-2; ASSESSOR'S MAP: 39 1 E 04
CD TAX LOT: 513.
NOTE: The Ashland Tree Commission will also review this Planning Action on Thursday, November 3, 2016 at 6:00 PM in the Community
Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way.
NOTICE OF COMPLETE APPLICATION: October 21, 2016
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: November 4, 2016
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Approx. Location of Tree
Proposed for Removal
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
18.5.1.050.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-de0planningTianning Actions\Noticing FolderVbfailed Notices & Signs\2016\PA-2016-01843.docx
TREE REMOVAL PERMIT
18.5.7.0403
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 j
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.
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GAcomm-dev\planning\Planning Actions\Noticing Folder\ivlailed Notices & Signs\2016\PA-2016-01843.docx
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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 10/21/161 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 #2016-01843, 119-131 E Hersey.
Signature of Employee
DocumenQ 10/21/2016
i
E
PA-2016-01843 391 E04CD 1200 PA-2016-01843 391 E04CD 413 PA-2016-01843 391 E04CD 515
ASHLAND CHRISTIAN BARCHARD DEBRA A BEAUFORT ANNE TRUSTEE
50 E HERSEY ST 480 POPLAR PL 129 E HERSEY ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01843 391 E04CD 516 PA-2016-01843 391 E04CD 412 PA-2016-01843 391 E04CD 518
BERRY DONNA M TRUSTEE ET AL BURGER EDWARD DORSEY CARVER CAROLINE
366 RIVER PARK DR 485 POPLAR PL 517 WINTERBERRY DR
REDDING, CA 96003 ASHLAND, OR 97520 FREDERICKSBURG, VA 22405
PA-2016-01843 391 E04CD 520 PA-2016-01843 391 E04CD 414 PA-2016-01843 391 E04CD 1906
CHAN THERESA CHANG CECE XUYEN HUA TRUSTEE ET CLEAR CONCEPTS OF OREGON LLC
119 E HERSEY ST AL 1235 WESTMONT DR
ASHLAND, OR 97520 490 POPLAR PL JACKSONVILLE, OR 97530
ASHLAND, OR 97520
PA-2016-01843 391 E04CD 1905 PA-2016-01843 391 E04CD 1803 PA-2016-01843 391 E04CD 500
CLEAR CREEK INVESTMENTS LLC CLEAR CREEK INVESTMENTS LLC ET AL CUMMINGS MICHELLE THERESE
845 OAK ST 845 OAK ST 107 GRANITE ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01843 391 E04CD 1903 PA-2016-01843 391 E04CD 802 PA-2016-01843 391 E04CD 803
DELGADO INVESTMENTS LLC GAGER PHILIP/SUSAN A NEWELL GOGUEN JAMES A
148 E HERSEY ST PO BOX 464 368 KENT ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01843 391 E04CD 2800 PA-2016-01843 391 E04CD 1801 PA-2016-01843 391 E04CD 410
HOLLAND GEORGE H KAGYU SUKHA CHOLING KENNEDY KATHERINE P
153 HERSEY ST 109 CLEAR CREED DR 102 495 POPLAR PL
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01843 391 E04CD 3200 PA-2016-01843 391 E04CD 406 PA-2016-01843 391 E04CD 519
LILLY JANET C MCALLISTER ROBERT M JR MCCHESNEY DONNA
141 E HERSEY ST 538 OAK ST 121 E HERSEY ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01843 391 E04CD 2500 PA-2016-01843 391 E04CD 3100 PA-2016-01843 391 E04CD 404
MOWAT DAVID TRUSTEE ET AL NEWTON PHYLLIS M TRUSTEE ET AL PECKHAM BARRY
163 EAST HERSEY ST 139 E HERSEY ST 315 OAK ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01843 391 E04CD 801 PA-2016-01843 391 E04CD 517 PA-2016-01843 391 E04CD 402
POPELKA VANCE C POUPENEY PADDY ROSE TRUSTEE ET RATH T/JESSICA SABOLBORO
575 OAK ST AL 542 OAK ST
ASHLAND, OR 97520 21 FRANCISCA DR ASHLAND, OR 97520
MORAGA, CA 94556
PA-2016-01843 391 E04CD 2600 PA-2016-01843 391 E04CD 407 PA-2016-01843 391 E04CD 403
REICHERT ELDRED A/JOAN C SUPPRESSION #09 TIMMENS J T/MARCY BEHRINGER
161 E HERSEY ST 2322 SILVER CREW PASS #1323 540 OAK ST
ASHLAND, OR 97520 HENDERSON, NV 89052 ASHLAND, OR 97520
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PA-2016-01843 391 E04CD 408 PA-2016-01843 391 E04CD 804 PA-2016-01843 391 E04CD 2900
VIDMAR DALE J TRUSTEE ET AL VOGEL VIRGINIA L TRUSTEE ET AL WOOD STEPHANIE ANN
505 POPLAR PL 924 BELLVIEW AVE PO BOX 24
ASHLAND, OR 97520 ASHLAND, OR 97520 OILTON, OK 74052
PA-2016-01843 391 E04CD 514 119-131 E Hersey
ZUNDEL JEFFREY ROBERT NOC 10/21/16
107 GRANITE ST 34
ASHLAND, OR 97520
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Planning Department, 51 Winburn Way, Ashland, Oregon 97520
541-488-5305 Fax: 541-552-2050 www:ashland.orms TTY: 1-800-735-2900
ASHLAND
NOTICE OF APPLICATION
PLANNINGACT 2014-01172
SUBJECT ~QE Y: 119 131 E, Hersey
14,
OWNERIt`?PLICANT: Oak \ w Home Owners Associatii1 I
DESCRIP' i A Tree Rer Pe ~*t request to remov an apl11 Inc, DBH soli I tree from the Mint
yard of the common a, fol th~orc, , looted at, l Eastviuisey. COMPREHENSIW PLf:W. DFFt~1IA~'r1.
Low-Density Multi-Famil Z 1,4. ~ kSSOR'S MAP: 391 E 04CD TA?
O NOTICE OF C PLETE APPLICATION:
DEADLINE FOR SUBMISS C11r - .~K i `i EN COMMENTS: July 22, 2014
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574
~g/ry / I
1rf~ J~~ ~ 119 , 1h1 i
123
~~UBJECT PROPERTY:
`I19-131 E Hersey - r
39 1 E 04CD 513 f
,ae
l-T-7-T-T -F7-1 Property Tines -for r$fererzce only, not -ZeabZe {
012.525 50 Feet
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
18A Q8,040)
The ordinance criteria applicable to this application are attached to this notice. Oregon lave 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 Alinburn 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. nt3
This narrative is intended to explain the reasons behind tree removal request File # PA-2016-08143.
The problem began in June 2015, when a leak was discovered near the sidewalk in front of the HOA property.
The leak appeared to be coming from the water meters. The City was called, and it was discovered that the leak
was on the property owner side of the HOA water meter (the meter for the common use irrigation system). The [
water was turned off at the street, as it wasn't in use at the time.
Fast forward to September 2016. The HOA is planning to put in a new irrigation system in preparation for
replacing three trees that were previously removed due to disease and providing water to those trees. As part
of that plan, the HOA requested a quote from Jeanine McKinney of This Season's Color, Inc. for fixing and/or
replacing the current irrigation system. She dug around by the alder tree that stands just inside the fence from
the water meters, and she had the City come out to turn on the water to check for the exact location of the leak
that had been previously been discovered.
The cause of the leak was discovered to be root invasion from an alder tree that is located in very close
proximity to all the water meters, most particularly the HOA common area meter (identified by the City as 131
E. Hersey) and that of 129 E. Hersey.
The tree and the water meter boxes are located in front of the boundary between units 123 and 125 E. Hersey
Street. (See attached scan of prior tree removal application form, with an X delineating the location of the alder
tree.) It was Jeanine's recommendation that the tree in question be removed in order to eliminate the probably
of further damaging the water meter boxes of all properties within the HOA.
To that end, Matt Ison of Hooper Springs Tree Service was contacted to provide an estimate for removing the
alder as well as an arborist statement as part of the application to have the tree removed.
The current plan moving forward is to:
• Get permission from the City to remove the alder tree in question
• Have Matt Ison remove the tree
• Have someone grind the stump
• Do necessary work (see Jeanine's statement in the file) to install a new irrigation system, including a new
control box
• Plant four new trees to replace three that were removed a couple of years ago due to disease plus the alder
in question in this application
Note: tree replacement has not been addressed until now due to the drought status of the past three years.
Please contact me if you have any further questions or concerns.
Sincerely,
Donna "Charlie" McChesney,
Oak View Townhouses Association Treasurer and Owner, 121 E. Hersey Street
541.482.4884
mcchesneyc@earthlink.net
4
s
Charlie McChesney
From: Matt Ison <hoopersprings@gmail.com>
Sent: Monday, September 26, 2016 10:56 AM
To: Mcchesneyc@earthlink.net
Subject: Alder at Oak View Townhouses
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To whom it may concern :
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This arborist report is in regards to the Alder on Hersey st. In Ashland Oregon. The tree in question is
directly in front of the water and utility access ports on the sidewalk. The tree is growing on top of the water
lines and has caused breaking pipes and is leaking. In my opinion, the best solution to this problem would be for
removal of the Alder. The tree should be removed and the stump ground before repairs can be made to the
water pipes.
Matt Ison- Hooper Springs Tree Service
ISA certified Arborist- pn 0532A
POB 3258 Ashland Or. 97520
541-488-1282
is
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Hooper rung re rvic
Matt loon
15A Certified Arboriot
Pate: G' C.tti.~Jt lL ZU l
Client: Oak U L-e%J, -TbZw\4c-L , c S
Addree5: 12- 131 r, 1 E c' 4; s ~c
Phone: I~
Tree/shrub Type of Work
Sod o C9
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Total Amount:
PO Box 3258 Ashland, OR 97520 541-488-1282 CCP> #143413
From: Jeanine Sturm < >
Date: Mon, Sep 19, 2016 at 6:34 AM
Subject: Explanation of work done
To: Anne Beaufort < >
We took a picture of the tree and water meter boxes to the City of Ashland Planning Department to ask
about tree removal and water meters. We excavated the wiring between the defunct control box and
the valves. We attempted to excavate in the water meter box finding that the roots are so solidly grown
in that to continue cleaning out the meter box is a waste of time. We called the City to come and turn
on the water for the irrigation and found that the leak is under the tree and not in the water meter box.
1 advise:
® Removing tree (list of arborists and stump grinder attached)
® Grinding stump
® Having plumber lay a new mainline (recommend Metro Drain)
® Having new Irrigation control box installed (recommend a shadier location near an electrical outlet
® Having new drip lines installed from the existing valves (this would have to be a time and materials
estimate as the sleeves under walkways will need to be found)
Processes and permits necessary:
Tree:
-obtain arborist report provin hazard of tree ($200)
app Ty rmi o remove ($28) (photo already submitted and on record)
-requires approval of Tree Commission
Plumbing:
-permit required ($45)
Cement work:
If necessary to break up sidewalk for plumber (recommend Cut and Break)
-permit required ($66)
Please call if you have any questions
Jeanine Sturm
This Season's Color, Inc.
P.O. Box 847
Ashland, OR 97520
LCB#9116
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Planning Division ZONING PERMIT APPLICATION
- 51 Winbum Way, Ashland OR 97520 p~ !
CITY O F 541-488-5305 Fax 541-488-6006 FILE (4~~~°' I
SHLAAND
DESCRIPTION OF PROJECT
DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? ❑ YES ❑ NO
Street Address I UCUJ
Assessor's Map No. 39 1 E Tax Lot(s) 7
Zoning I\ - Comp Plan Designation
APPLICANT l
Name 'D V h'k L ( Phone 5 L! 4-Mail M C~.l)~`7 t7 C C?~L4 r~ ~ ~ I A k'Ftd
Address C )_i -C-1 City A ~ Zip ( 5 Z
PROPERTY OWNER
Name .11,1£ U .F.T47rnIlULt'S' / 1~7~t1Phone l E-Mail /A
Address 6 W/i City A 51A Zip 1 ri Zip
SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT, OTHER
Title Name Phone E-Mail
Address City Zip
Title Name Phone E-Mail
Address City Zip
I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects,
true and correct, /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
b~ removed at my expense. If I have any doubts, I am advised to seek competent professional advice and assistance.
Applicant's Signature Date
As owner of the property involved in this request, I have read and understood the complete application and its consequences to me as a property
owner.
~ Jim
Property Owner's Signatur equired) Date
rro be completed by City Staff
Date Received d Zoning Permit Type Filing Fee n
OVER 0
G:lcomm-dev~plaoningTorms & Hmdouts\Zoning Permit Application.doc
Job Address: 129 E HERSEY ST Contractor:
ASHLAND OR 97520 Address:
C
A Owner's Name: JEANINE MCKINNEY O Phone:
N State Lie No:
P Customer 07847 City Lie No:
L OAKVIEW TOWNHOUSES ASSOC.
Applicant: R
Address: A
C C Sub-Contractor:
A Phone: (206) 818-8642 T Address:
N Applied: 09/30/2016 p
T Issued: R
Expires: 03/29/2017 Phone:
State Lie No:
Maplot: 391 E04CD515 City Lie No:
DESCRIPTION: Tree in question in front of 123 & 125 E. Hersey.
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
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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: F
Building: $ 0.00 $ 0.00
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1. This permit shall remain valid only in accordance with code State Surcharge: $ 0.00 $ 0.00 E
or regulation provisions relating to time lapse and revocation
80 days). Development Fees: $ 0.00 $ 0.00
(1 I(
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 I
applicant. Sub-Total: $ 28.00
Fees Paid: $ 28.00
Date Total Amount Due: $ 0
Applicant
COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 East Main St. Fax: 541-488-5311
Ashland, OR 97520 TTY: 800-735-2900
www.ashland.or.us
Inspection Request Line: 541-552-2080 C I[ T Y ® F
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