HomeMy WebLinkAboutHolly_550_PA-2015-00195
CITY OF
ASHLAND
May 28, 2015 j
Notice of Final Decision
On May 28, 2015, the Community Development Director approved the request for the following:
Planning Action: 2015-00195
Subject Property: 550 Holly Street
Applicant: Chad Brown & Trisha Vaughn
Description: A request for a Hazard Tree Removal Permit to remove one approximately 18-
inch diameter breast height Cottonwood for the property located at 550 Holly Street.
COMPREHENSIVE PLAN DESIGNATION: Multi-Family Residential; ZONING: R-2;
ASSESSOR'S MAP 39 lE 09DB; TAX LOT: 90002
The Community Development Director's decision becomes final and is effective on the 12t1i 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 Derek Severson in the Community
Development Department at (541) 488-5305.
cc: Property owners within 200 ft
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900 l ~1
T \
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 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 11 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 f
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us f~ -
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: PA-2015-00195
SUBJECT PROPERTIES: 550 Holly St.
APPLICANT/ OWNER: Chad Brown & Trish Vaughn
DESCRIPTION: A request for a Hazard Tree Removal Permit to remove one,
approximately 18-inch diameter at breast height (DBH), cotton wood from the property located at 550
Holly St. COMPREHENSIVE PLAN DESIGNATION: Multi-Family Residential; ZONING: R-2;
ASSESSOR'S MAP: 39 IE 09DB; TAX LOTS: 9002.
SUBMITTAL DATE: February 3, 2015
DEEMED COMPLETE DATE: May 1, 2015
STAFF APPROVAL DATE: May 28, 2015
DEADLINE TO APPEAL (4:30 p.m.): June 8, 2015
FINAL DECISION DATE: June 9, 2015
APPROVAL EXPIRATION DATE: June 9, 2016
DECISION
The current application is a request for a Tree Removal Permit to remove one cottonwood (Populus) tree
from the property located at 550 Holly St.
The 550 Holly St. site is a quarter-acre flag lot on the north side of Holly St. The property contains a
two-story, single-family residence. There is a creek along the northern property boundary, which the
application indicates has contributed to the instability of the subject tree. The subject property and
surrounding properties to the east, west and north are located in the Multi-Family Residential (R-2)
zoning district. Tax lots across Holly St., to the south, are in the Single-Family Residential (R-1-7.5)
zoning district. A majority of the properties around 550 Holly St. are developed with detached single-
family housing. However, adjacent to the subject property to the north and west there is also a 1.4 acre
lot with mobile homes. An un-named drainage designated as an intermittent or ephemeral stream under
Ashland's Water Resources Protection Zones Ordinance, runs through the subject property within a
natural drainageway easement dedicated with the land partition which created the property.
Residentially zoned properties that contain only a single-family residence are typically exempt fiom
Tree Removal Permit requirements, but in this instance the presence of the unnamed stream and its
associated Water Resource Protection Zone (WRPZ) bring a higher level of regulation to the property
with regard to tree removal. In initial discussions with the applicants, it was noted that in order to
consider their Tree Removal Permit, the applicants would need to address the Water Resources
Protection Zone (WRPZ) Ordinance requirements found in AMC 18.3.11. However, staff noted that the
Water Resource Protect Zones Ordinance does provide an exemption to the WRPZ regulations for
hazard trees in AMC 18.3.11.050.A.1.e., and staff indicated that requests to remove hazard trees could
be considered solely on the basis of removing the hazard.
The cottonwood (Populus) tree is approximately 45-60 feet in height and 18 inches in diameter at breast
height. The arborist report notes signs of heavy erosion around the anchor roots, which support the
structural integrity of the tree. Additionally, the cotton wood leans toward nearby structures and,
according to the arborist and applicant, poses a threat to the safety of people and structures. The
applicant's arborist recommends removal of the subject tree.
PA #2015-00195
550 Holly StAds
Page 1
Y
To be deemed a hazardous tree, the applicant must demonstrate the condition or location of a tree
presents a clear public safety hazard (i. e., 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. In review of the request
and supporting arborist's report, staff finds the subject tree is considered to be hazardous because of the
erosion of soil needed to stabilize the tree. Furthermore, the lean toward existing structures and
walkways poses a safety threat that cannot be alleviated through means other than removal.
The Ashland Tree Commission reviewed this request, and a concurrent request from the neighboring
property at 545 Holly Street, at their regular meeting on May 7, 2015. The Commission concurred with
the arborist report and staff's assessment that the subject trees on both properties satisfy the criteria for
removal as hazard trees. There was, however, discussion about the need for bank stabilization after
removal of the trees. It was noted that while the application mentioned bamboo as a planting to be used
for bank stabilization, bamboo is considered to be noxious, invasive and inappropriate for planting in a
water resource protection zone. The Commission supported the requested tree removals with a
recommendation that appropriate riparian vegetation be planted following tree removal to help stabilize
the bank on the subject property. Commissioners noted that a mitigation plan to address bank stability
should be provided addressing proposed plantings and might best incorporate geo jute matting to
stabilize the bank until plantings can establish themselves. Appropriate mitigation plantings could
include, but would not be limited to, Oregon Ash or River Birch.
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 a# of the following criteria, or can be made to conform through the
imposition of conditions.
a. The applicant must demonstrate that the condition or location of the tree presents a clear
public safety hazard (i. e., likely to fall and injure persons or property) or a foreseeable
danger of property damage to an existing structure or facility, and such hazard or danger
cannot reasonably be alleviated by treatment, relocation, or pruning. See definition of
hazard tree in part 18.6.
b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant
to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the
permit.
Planning Action #2015-00195, a request to remove one hazardous tree, with the imposition of the
attached conditions below complies with all applicable City ordinances. Planning Action #2015-00195
is therefore approved to allow the removal of the subject tree (one cottonwood). Further, if any one or
more of the following conditions are found to be invalid for any reason whatsoever, then Planning
Action #2015-00195 is denied. The following are the conditions and they are attached to the approval:
1. That all proposals of the applicant shall be conditions of approval unless otherwise specifically
modified herein.
2. That the applicants shall obtain a Tree Verification Permit prior to the removal of any tree from
the property. The tree to be removed shall be tagged by number and identified for removal with
tape, inspected, and approved by the Staff Advisor prior to their removal.
PA #2015-00195
550 Holly StAds
Page 2
3. That the recommendations of the Tree Commission fiom their May 7th meeting shall be
conditions of approval where consistent with the applicable standards and with final approval by
the Staff Advisor, including that bamboo shall not be planted in the Water Resource Protection
Zone and that a mitigation plan to address bank stability be provided for the review and approval
of the Staff Advisor prior to mitigation plantings.
May 28, 2015
Bill Molnar, Director Date
department f Community Development
PA #2015-00195
550 Holly St./dds
Page 3
AFFIDAVIT OF MAILING
i
STATE OF OREGON )
County of Jackson
I
i
The undersigned being first duly sworn states that:
1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On May 28, 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 #2015-00195, 550 Holly.
Signature of Employee
DocumenQ 5/28/2015
rt
PA-2015-00195 391 E09DB 8400 PA-2015-00195 391 E09DB 8500 PA-2015-00195 391 E09DB 90003
ALLEN DAVID S TRUSTEE ET AL ALLEN MICHAEL PAUL BRADLEY THOMAS - TRUSTEE
630 RAY LN 578 IOWA ST 4928 SENTINEL DR APT 1-403
ASHLAND, OR 97520 ASHLAND, OR 97520 BETHESDA, MD 20816
PA-2015-00195 391 E09DB 9002 PA-2015-00195 391 E09DB 8900 PA-2015-00195 391 E09DC 3200
BROWN CHAD M ET AL DAVIS JENNIFER DELOREAN LESLIE K
550 HOLLY ST 545 HOLLY ST PO BOX 574
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-00195 391 E09DB 90006
EQUITY TRUST FBO PATRICIA R GRAY I PA-2015-00195 391 E09DC 2800 PA-2015-00195 391 E09DB 90002
ET AL GEARY EDWARD A TRUST GOODING MATTHEW K/RIO SHANNON D
345 HARRISON ST 610 IOWA ST
PO BOX 451159 ASHLAND, OR 97520 ASHLAND, OR 97520
WESTLAKE, OH 44145
PA-2015-00195 391 E09DC 4800 PA-2015-00195 391 E09DB 9100 PA-2015-00195 391 E09DB 9300
GORDON CRAIG KAIGAS MARK A/KATHRYN J KERRO MARGARET/ROBERT KEANE
344 IDAHO ST 912 MARIPOSA LN 1396 RUBIO LN
ASHLAND, OR 97520 ST HELENA, CA 94574 SAN LUIS OBISPO, CA 93405
PA-2015-00195 391 E09DC 3400 PA-2015-00195 391 E09DB 9501 PA-2015-00195 391 E09DB 90001
LIEBERMAN PAUL B/LINDA S LIGON WILLIAM C/JANET LIMB JOHN 0 TRUSTEE ET AL
3080 NW AUTUMN ST PO BOX 3534 606 IOWA ST
CORVALLIS, OR 97330 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-00195 391 E09DB 90005 PA-2015-00195 391 E09DB 90004 PA-2015-00195 391 E09DB 9201
MORRISON SIDNEY ET AL OEI FAMILY TRUST ET AL REMINGTON MICHAEL B TRUSTEE ET
PO BOX 44 1015 HAVEN PL AL
ASHLAND, OR 97520 EL CERRITO, CA 94530 645 HOLLY ST
ASHLAND, OR 97520
PA-2015-00195 391 E09DB 8401 PA-2015-00195 391 E09DC 4702 PA-2015-00195 391 E09DC 2900
RUTTER TIMOTHY J TRUSTEE ET AL SHANAFELT MICHAEL A TRUSTEE ET AL SHERMAN WILLIAM F/REBEKAH
516 GRANITE ST 572 HOLLY ST 333 HARRISON ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-00195 391 E09DB 9101 PA-2015-00195 391 E09DB 9001 PA-2015-00195 391 E09DC 3100
SHUMAN AMY C TRUSTEE ET AL SIRIANNI STEVEN M TRUSTEE ET AL STRATTON JUDITH M TRUSTEE ET AL
639 HOLLY ST PO BOX 1090 PO BOX 214
ASHLAND, OR 97520 ASHLAND, OR 97520 JACKSONVILLE, OR 97530
PA-2015-00195 391 E09DC 3000 PA-2015-00195 391 E09DC 4701 PA-2015-00195 391 E09DB 9601
STRAUSS ANN V TENNANT NICK/BARBARA THOMPSON BRENT TRUSTEE ET AL
650 HOLLY ST 582 HOLLY ST P 0 BOX 201
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-00195 391 E09DB 9200 PA-2015-00195 391 E09DB 9500 PA-2015-00195 391 E09DB 9502
WHITRIDGE HENRY O/CAROLE WINTER THOMAS A TRUSTEE WOOD DAVID WNILMA M SILVA
309 HARRISON ST 634 IOWA ST 646 IOWA ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
t
PA-2015-00195 391 E09DB 8800 PA-2015-00195 391 E09DB 9400
WOOSNAM DAVID T TRUSTEE YOUNG MABEL R
252 AMESPORT LANDING 287 HARRISON ST
HALF MOON BAY, CA 94019 ASHLAND, OR 97520
550 Holly
5/28/2015 NOD
32
Planning Department, 51 Winbu l Way, Ashland, Oregon 97520 I F
541-488-5305 Fax: 541-552-2050 www.ashland.or,us TTY: 1-800-735-2900 s{
'HCAND
NOTICE OF APPLICATION
PLANNING ACTION: 2015-00195
SUBJECT PROPERTY: 550 Holly Street
OWNER/APPLICANT: Chad Brown & Trisha Vaughn
DESCRIPTION: A request for a Hazard Tree Removal Permit to remove one approximately 18-inch diameter breast
height Cottonwood for the property located at 550 Holly Street, COMPREHENSIVE PLAN DESIGNATION: Multi-Family
Residential; ZONING: R-2; ASSESSOR'S MAP : 391 E 09DB; TAX LOT: 9002.
NOTE: The Ashland Tree Commission will also review this Planning Action on Thursday, May 7, 2015 at 6:00 PM in the Community
Development and Engineering Services building (Siskiyou Room) located at 51 Winburn Way.
L
NOTICE OF COMPLETE APPLICATION: May 1, 2015
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: May 15, 2015
I
- Ll _ PA #2015-00195
- 550 HOLLY ST
- SUBJECT PROPERTY
i
a.
i
HOLLY ST
- -
T - -
05, 0 20 Feet ~a~+v nn<<„«..«.<.« c..ry, Rn «m<oem
The Ashland Planning Division Staff has received a complete application for the property noted above.
Any affected property owner or resident has aright 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.
GAcomm-dev\planning\Ptanning Actions\Noticing FolderWailed Notices & Signs\2015\PA-2015-00195.docx
TREE REMOVAL PERMIT
18.5.7.040.B Criteria for Issuance of Tree Ren,,,val Permit
B. Tree Removal Permit. °
1. Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority finds that the application meets all of the
following criteria, or can be made to conform through the imposition of conditions,
a. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard (i.e., likely to fall and
injure persons or property) or a foreseeable danger of property damage to an existing structure or facility, and such hazard or
danger cannot reasonably be alleviated by treatment, relocation, or pruning. See definition of hazard tree in part 18.6,
b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to section 18.5.7.050. Such mitigation
requirements shall be a condition of approval of the permit.
2. Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted if the approval authority finds that
the application meets all of the following criteria, or can be made to conform through the imposition of conditions.
1. The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance
requirements and standards, including but not limited to applicable Site Development and Design Standards in part 18.4 and
Physical and Environmental Constraints in part 18.10.
2. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of
adjacent trees, or existing windbreaks.
3. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within
200 feet of the subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been i
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.
Wcomm-dev\planning\Planning Actions\Noticing FolderWaited Notices S Signs\2015\PA-2015-00195.docs
AFFIDAVIT OF MAILING
i
I
i
STATE OF OREGON )
County of Jackson )
c
The undersigned being first duly sworn states that:
1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On May 1, 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 #2015-00195, 550 Holly.
Signature of Employee
Document? 413 012 01 5
PA-2015-00195 391 E09DB 8400 PA-2015-00195 391 E09DB 8500 PA-2015-00195 391 E09DB 90003
ALLEN DAVID S TRUSTEE ET AL ALLEN MICHAEL PAUL BRADLEY THOMAS - TRUSTEE
630 RAY LN 578 IOWA ST 4928 SENTINEL DR APT 1-403
ASHLAND, OR 97520 ASHLAND, OR 97520 BETHESDA, MD 20816
E
PA-2015-00195 391 E09DB 9002 PA-2015-00195 391 E09DB 8900 PA-2015-00195 391 E09DC 3200
BROWN CHAD M ET AL DAVIS JENNIFER DELOREAN LESLIE K
550 HOLLY ST 545 HOLLY ST PO BOX 574
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-00195 391 E09DB 90006 PA-2015-00195 391 E09DC 2800 PA-2015-00195 391 E09DB 90002
EQUITY TRUST FBO PATRICIA R GRAY GEARY EDWARD A TRUST GOODING MATTHEW K/RIO SHANNON D
PO BOX 451159 345 HARRISON ST 610 IOWA ST
WESTLAKE, OH 44145 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-00195 391 E09DC 4800 PA-2015-00195 391 E09DB 9100 PA-2015-00195 391 E09DB 9300
GORDON CRAIG KAIGAS MARK A/KATHRYN J KERRO MARGARET/ROBERT KEANE
344 IDAHO ST 912 MARIPOSA LN 1396 RUBIO LN
ASHLAND, OR 97520 ST HELENA, CA 94574 SAN LUIS OBISPO, CA 93405
PA-2015-00195 391 E09DC 3400 PA-2015-00195 391 E09DB 9501 PA-2015-00195 391 E09DB 90001
LIEBERMAN PAUL B/LINDA S LIGON WILLIAM C/JANET LIMB JOHN 0 TRUSTEE ET AL
3080 NW AUTUMN ST PO BOX 3534 606 IOWA ST
CORVALLIS, OR 97330 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-00195 391 E09DB 90005 PA-2015-00195 391 E09DB 90004 PA-2015-00195 391 E09DB 9201
MORRISON SIDNEY ET AL OEI FAMILY TRUST ET AL REMINGTON MICHAEL B TRUSTEE
PO BOX 44 1015 HAVEN PL 645 HOLLY ST
ASHLAND, OR 97520 EL CERRITO, CA 94530 ASHLAND, OR 97520 c
PA-2015-00195 391 E09DB 8401 PA-2015-00195 391 E09DC 4702 PA-2015-00195 391 E09DC 2900
RUTTER TIMOTHY J TRUSTEE ET AL SHANAFELT MICHAEL A TRUSTEE ET AL SHERMAN WILLIAM F/REBEKAH
516 GRANITE ST 572 HOLLY ST 333 HARRISON ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-00195 391 E09DB 9101 PA-2015-00195 391 E09DB 9001 PA-2015-00195 391 E09DC 3100
SHUMAN AMY C TRUSTEE ET AL SIRIANNI STEVEN M TRUSTEE ET AL STRATTON JUDITH M TRUSTEE ET AL
639 HOLLY ST PO BOX 1090 PO BOX 214
ASHLAND, OR 97520 ASHLAND, OR 97520 JACKSONVILLE, OR 97530
PA-2015-00195 391 E09DC 3000 PA-2015-00195 391 E09DC 4701 PA-2015-00195 391 E09DB 9601
STRAUSS ANN V TENNANT NICK/BARBARA THOMPSON BRENT TRUSTEE ET AL
650 HOLLY ST 582 HOLLY ST P 0 BOX 201
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-00195 391 E09DB 9200 PA-2015-00195 391 E09DB 9500 PA-2015-00195 391 E09DB 9502
WHITRIDGE HENRY 0/CAROLE WINTER THOMAS A TRUSTEE WOOD DAVID WNILMA M SILVA
309 HARRISON ST 634 IOWA ST 646 IOWA ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-00195 391 E09DB 8800 PA-2015-00195 391 E09DB 9400
WOOSNAM DAVID T TRUSTEE YOUNG MABEL R
252 AMESPORT LANDING 287 HARRISON ST
HALF MOON BAY, CA 94019 ASHLAND, OR 97520
550 HOLLY
5/1/2015 NOC
32
Y
9541
"Got
-406
Vin, ol i:rd
I
.!gip fT7{7F 902 LT
i
I
i ,
1' f5
$701 4702
4101
r,.
4HO
tt~
d
IUD
t r 6 l r~ 1 S 11fL 2,u-u ll'
i
JJ °ee Service ITC
CCB-168317
PN-6891A
jjtreecare7(-@gmail.com
541-772-9014
Submitted to: Jenifer Davis
Phone#-541-488-3697
Job location: 545 Holly St. Ashland, OR
Date: 4/14/2015
Dear city of Ashland,
To Whom It May Concern I have recently done an inspection to give a professional opionion of a total of seven trees at the above address. Four of
the trees of which are elms (Ulnms Americana) and three cotton wood (Populus) Trees, all ranging in an approximate height of 45-60 feet tall. The trees are
located in the south corner of the property near the creek. The home owner requested to have the trees evaluated do to the concern for the hazard they posed in
the event that they were to fall to the surrounding structures and people that frequent the immediate area.
Upon inspection of the trees, there were lots of noticeable signs of heavy erosion around the anchor roots that support the structural integrity of the
trees. The cotton wood trees were all starting to lean in the direction of the neighboring structures and parking lot due to the erosion. Several major roots from
the elm tree that parallel the property to the south were completely exposed as well. The elm trees all had co dominate stems and included bark; this is a
hazardous defect that weakens the tree at this point of attachment.
Both species of tree are commonly referred to as a "weed tree" because of their growth characteristics of being a very fast growing weak wooded
species. It is not uncommon for these trees to double there current size. There is always an inherent danger living under or near trees, however if we can
identify the potential hazard before it happens it should be done. I feel very strongly about the consideration for the removal of the trees in question given the
obvious hazardous growing condition and location of the trees. My opinion, as an arborist, is that the danger of the situation cannot be remedied by pruning
the trees, that they need to be removed. It is my opinion also, that these trees are not stabilizing the creek bank, because when they fall, as the 5 previous ones
nearby have, they tear up the bank, causing destabilization. Ms. Davis had 5 very large bamboo plants planted along the bank in this area that are providing
stability.
Certified Arborist- Kyle Bartell
PN-6891 A
I
I
March 18, 2015
Chad Brown & Trisha Vaughn
550 Holly Street
Ashland, OR 97520
RE: Incompleteness Determination for PA-2015-00195
550 Holly Street
Dear Mr Brown & Ms. Vaughn,
After reviewing the initial application submittal from February 3, 2015, subsequent e-mails and site -
plans submittals from March 3, 2015 from Ms. Davis, and her most recent e-mail indicating that an
arborist's report previously discussed for the proposed tree removal permits requested at 545 and 550
Holly Street, I have determined that these applications are incomplete. Incomplete applications are
subject to delay in accordance with state law (ORS 227.178), and cannot be further processed until the
missing information listed below is turned in.
An arborist/tree professional's report to substantiate the criteria for a permit. AMC
18.5.7.030.B. 7 provides that the Staff Advisor° may require an arborist's report to substantiate
the criteria for a permit. While the materials provided suggest that both Christopher John of
Canopy LLC and Dave McNeil of Artisan Tree Care have examined the trees, neither of these
tree professionals have provided any written assessment as to the condition of the trees in the
application materials so there is no clear indication from a tree profession as to whether they
pose a hazard, or if any such hazard could be alleviated without removal. The approval
criteria require that staff make findings to this effect in order to approve the permit request,
and without supporting evidence from an arborist, we are unable to do so.
To continue review of your application, you must either:
1. Submit all of the missing information listed above;
2. Submit some of the requested information and give the City of Ashland Planning Division
written notice that the remaining information will not be provided; or
3. Submit written notice to the City of Ashland Planning Division indicating that no additional
information will be provided.
Please note that failure to complete one of the three options within 180 days of the original
application submittal date of February 3, 2015 will result in your application being deemed void. The
application will be deemed void if the additional information is not submitted by August 2, 2015.
Planning staff will expedite review of the requested materials once they are received.
i
I have enclosed a form, entitled the "Applicant's Statement of Completeness". Please review the
enclosed form and return it to me with any additional material you will be submitting.
Community Development Dept. Tel: 541-552-2040
20 E. Main Street Fax: 541-552-2050 j~
Ashland, Oregon 97520 TTY: 800-735-2900
w wwr.ash' derek.seversoi
Your application cannot be further processed until the applicant's Statement of Completeness
form is completed and received by the City of Ashland Planning Division. If you have
questions, please don't hesitate to contact me at (541) 552-2040 or via e-mail to
derek.seve~~Y
Regards,
r
Derek Severson, Associate Planner
Encl: Applicant's Statement of Completeness
Cc: File
E
Community Development Dept. Tel: 541-552-2040
20 E. Main Street Fax: 541-552-2050 f
Ashland, Oregon 97520 TTY: 800-735-2900
www ashland.or.us E '
Date Received
I
i
I
(to be completed by staff)
Applicant's Statement of Completeness
F
I
(To be completed by the Applicant and returned to the City ofAshland Planning Division) I
Re: PA-2015-00195, 550 Holly Street
E'
Date Application Expires: August 2, 2015
Pursuant to an Incompleteness Determination, I, the undersigned applicant or agent for the applicant,
elects one of the three options below by initialing:
( ) 1. Submit All of the Missing Information ,
(Lartral rf clectecl,J
I am submitting all of the information requested in the Incompleteness Determination letter.
Unless checked below, I am requesting that the City of Ashland Planning Division review this
additional information within 30 days of submission to determine whether the application is complete.
I understand that this 30-day review for completeness period for the new information preserves my
opportunity to submit additional materials, should it be determined that the application is still
incomplete after the second review. (Note: the 120-day period for the City of Ashland's final
determination of compliance with applicable criteria does not commence until the additional review
for completeness period is completed)
Check if desire
❑ I waive further review of the information submitted for completeness and direct review
of the information submitted for compliance with the Community Development Code;
criteria, regardless of whether the application is, in fact, later determined by the staff to
be incomplete.
I understand that by checking the above statement the application will be evaluated based
upon the material submitted and no notice of any missing information will be given. If
material information is missing from the application, the application will fail to meet the
burden of showing that all criteria are met, and the application will be denied.
1
I<
I
Community Development Dept. Tel: 541-552-2040
20 E. Main Street Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 500-735-2900 L;
www.ashiand.or.us is
I
l I
i
( ) 2. Submit Some of the Requested Information:
(177ilial if elected) Decline to Provide Other Information
I
I am submitting some of the information requested and declining to submit other information
requested in the Incompleteness Determination letter. I understand that by declining to submit all
information the City of Ashland believes necessary, the Ashland Planning Division may conclude that
the applicable criteria are not met and a Denial will be issued or recommended.
( ) 3. Decline to Provide any of the Requested Information
~171i/ICIl If PILCIed)
i'
I decline to provide any of the information requested. I understand that the Community Development
Department may conclude that the applicable criteria are not met and a Denial will be issued or
recommended.
j;
l
Signed and Acknowledged
(Applicant or Applicant's Agent)
Date
Return to:
City of Ashland
Planning Department
Attn: Derek Severson
c/o 20 E. Main St.
Ashland, OR 97520
Community Development Dept. Tel: 541-552-2040
20 E. Main Street Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
u derek.seversc es
Zimbra https://7;mbra.ashland.or.us/h/printmessage?id=l 12962& 1
Zimbra seversod@ashiand.or.us
Street Tree Removal Permit r
c
Information 4
From Derek Severson Fri, Feb 27, 2015 12:03 PM
<derek.severson@ashland.or.us>
02 attachments
Subject 545-550 Holly Street Tree
Removal Permit Requests - More,
Information Needed
To : riverandjen@charter.net,
getuponthatrock@ya hoo. com
:'Derek severson'
<derek.severson@ashland. or.us>,
cj chrisjohn
<cj.chrisjohn@gmail.com>
Reply To Derek Severson
<derek.severson@ashland.or.us>
Ms. Davis & Mr. Brown,
My name is Derek Severson; I'm a planner with the City of Ashland and
I've been assigned to handle your tree removal permit requests at
545-550 Holly Street.
As I believe Amy Gunter has explained here at the counter, both of
your properties contain riparian Water Resource Protection Zones
because there is a section of creek running through them. Our Water
Resource Protection Zones Ordinance Map designate this reach of
creek as an "Intermittent or Ephemeral Stream" with a Water Resource
Protection Zone extending 30 feet from the center-line of creek.
Activities including tree removal are heavily regulated in this area,
however there is a provision which allows for the removal of "Hazard
Trees" without getting into the more complex rules, and more
l of 3 2/27/2015 12:03 PM
Zimbra https://zimbra.ashland.or.us/h/printnessage?id=112962&1
expensive applications, when dealing with riparian areas. To be
determined a hazard, the application has to demonstrate that the
following criteria are met: 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.
After reviewing the materials you've submitted, I've determined that
more information is needed before these applications can be deemed
complete and further processed for a Hazard Tree Removal Permit.
Specifically, the following items are still needed:
1) Plans dralNn to scale containing the number, size, species, and
location of the trees proposed to be removed or topped on a site
plan of the property. The drawings provided don't give, a scalable
reference to verify locations or assess compliance relative to
buildings, creek corridor, etc. I've attached a PDF with a site plan
of both properties drawn to a 1-inch:30-foot scale, and at minimum
would need the additional information added to this drawing. I've
also attached an aerial photo in case that helps for reference in
preparing a site plan. A single site plan showing all of the trees
proposed for removal can be submitted for both properties if that's
easier.
2) An arborist/tree professional's report to substantiate the criteria
for a permit. (While the materials provided suggest that both
Christopher John of Canopy LLC and Dave McNeil of Artisan Tree
Care have examined the trees, neither of these tree professionals
seem to have provided any written assessment as to the condition
of the trees in the application materials so there is no clear
indication from a tree profession as to whether they pose a hazard,
or if any hazard could be alleviated without removal as discussed
of 3 2/27/2015 12:03 PM
Zimbra https://-nbra.ashland.or.us/h/printmessage?id=112962& 1
in the approval criteria.)
If you can get me the above information, I'll expedite the remaining
processing of these permits. If I can provide any additional
information. or assistance, please don't hesitate to contact me.
Derek Severson, Associate Planer
City of Ashland, Department of Community Development
51 Winburn Way, Ashland, OR 97520
PH: (541) 552-2040 FAX11- (541) 552-2050 TTYB-- 1-800-735-2900
E- MAX :derek.severson (&ashland. or. us
This e-mail transmission is the official business of the City of Ashland,
and is subject to Oregon's public records la ws for disclosure and
retention. If you've received this e0mail in error, please contact me at
(5,11) SS2-2040. Thank you.
ro Site Plan.pdf
328 KB
Aerial Photo.pdf
3 MB
3 of 3 2/27/2015 12:03 PM
W
d ' c C- c
r
e
e
t`
F, a Cc l
" - e w
E
P'
Al,
_ t
i
I ZONING P I APPLICATION
Planning Department
- J 51 Winburn Way, Ashland OR 97520 FILE #
C T r v o F
ASHLAND 541-488-5305 Fax 541-488-6006 DESCRIPTION 0 PROJECT co 0~~
DESCRIPTION ~FPROPERTY
Street Address 5,50
° J l 5
Assessor's Map No. 39 E Tax Lot(s)
Zoning Comp Plan Designation
APPLICANT
Name Phone E-Mail
Address ? J C1 S City As- 1A~ Zip~~5Z~
PROPERTY OWNER
Name Phone 3 0' 6 t 9 6A S ~ E-Mail
Address City A, Zip
SURVEYOR ENGINEER ARCHITECT LANDSC E 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 e 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 vise e upon the site inspection. In the event the pins are not shown or their
location found to be incorrect, the owner assumes full responsibility I further understand that this request is subsequently contested, the burden will be on me to
establish,
1) thatI 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.
I `
Failure in this reg rd will res t 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 removed at m xpen , If I have any doubts, I am advised to seek competent professional advice aQassistance.
Applicant' Si Ure Date E
t
As owner of the petty i volved in this reque t, l ve read and understood the complete application and its consequences to me as a property
owner.
'tkA 02 -
Property 0 er's 'gnature (re fired) Date
rro be completed by City Slab
Date Received Zonira Permit Type Filing Fee $
OVER 0
r \Pnmm-dPvW-nin,AF,-, R F1aad„mc\7nn as P-it A-Pratinn Fnnn dnP
rt~
Job Address: 550 HOLLY ST Contractor:
ASHLAND OR 97520 Address:
A
Owner's Name: CHAD/TRISHA BROWN/VALIGHN 0 Phone:
P Customer 07840 State Lic No:
CHAD/TRISHA BROWN/VAUGHN T City Lic No:
L
Applicant: 550 HOLLY ST R
Address: ASHLAND OR 97520 A
C C Sub-Contractor:
A Phone: T Address:
N Applied: 02/03/2015 0
T Issued:
Expires: 08/02/2015 Phone:
State Lic No:
Maplot: 391 E09DB9002 City Lic No,
DESCRIPTION: Tree Removal Permit
i
VALUATION (I
Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description
I
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
~S H LAN