HomeMy WebLinkAboutHolly_545_PA-2015-00194
CITY OF
ASHLAND
Enter Mailing Date
Notice of Final Decision
On May 28, 2015, the Community Development Director approved the request for the following:
Planning Action: 2015-00194
Subject Property: 545 Holly Street
Applicant: Jennifer Davis
Description: A request for a Hazard Tree Removal Permit to remove five trees from the
property located at 545 Holly St, including three cottonwoods and two elms. COMPREHENSIVE
PLAN DESIGNATION: Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP 39 1E
09DB; TAX LOT: 8900.
i
The Community Development Director's decision becomes final and is effective on the 12`h day after the
Notice of Final Decision is mailed. Approval is valid for a period of 18 months and all conditions of
approval identified on the attached Findings are required to be met prior to project completion.
The application, all associated documents and evidence submitted, and the applicable criteria are
available for review at the Ashland Community Development Department, located at 51 Winburn Way.
Copies of file documents can be requested and are charged based on the City of Ashland copy fee
schedule.
Prior to the final decision date, anyone who was mailed this Notice of Final Decision may request a
reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO) 18.5.1.050(F)
and/or file an appeal to the Ashland Planning Commission as provided in ALUO 18.5.1.050(G). The
ALUO sections covering reconsideration and appeal procedures are attached. The appeal may not be
made directly to the Oregon Land Use Board of Appeals.
If you have any questions regarding this decision, please contact 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 ( i
Ashland, Oregon 97520 TTY: 800-735-2900 t -
www.ashland.onus
(
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. Thne for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of
decision is mailed.
c. Content of Notice of Appeal. The notice of appeal shall be accompanied by the required filing fee and shall
contain.
i. An identification of the decision being appealed, including the date of the decision.
ii. A statement demonstrating the person filing the notice of appeal has standing to appeal,
iii. A statement explaining the specific issues being raised on appeal.
iv. A statement demonstrating that the appeal issues were raised during the public comment period.
d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a
jurisdictional defect and will not be heard or considered.
3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before
the Planning Commission. The appeal shall not be limited to the application materials, evidence and other
documentation, and specific issues raised in the review leading up to the Type I decision, but may include other
relevant evidence and arguments. The Commission may allow additional evidence, testimony, or argument
concerning any relevant ordinance provision.
4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type II public hearing procedures,
pursuant to section 18.5.1.060, subsections A - E, except that the decision of the Planning Commission is the final
decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the
adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of
Appeals, pursuant to ORS 197.805 - 197.860.
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050 ( 7
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us ( t_.
t
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
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PLANNING ACTION: PA-2015-00194
SUBJECT PROPERTIES: 545 Holly St.
APPLICANT/ OWNER: Jennifer Davis
DESCRIPTION: A request for a Hazard Tree Removal Permit to remove five trees from
the property located at 545 Holly St, including three cottonwoods and two elms. The approximate
heights of all of the subject trees are 45 - 60 feet tall.
COMPREHENSIVE PLAN DESIGNATION: Multi-Family Residential; ZONING: R-2;
ASSESSOR'S MAP: 39 lE 09DB; TAX LOTS: 8900.
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 five trees from the property
located at 545 Holly St:
o Three cotton woods (Populus);
o Two elms (Ulmus Americana).
0
The subject property is located at 545 Holly Street, and previously received a Tree Removal Permit in
2010 for the removal of three hazardous cottonwood trees. The materials provided suggest that erosion
from the drainage running through the property has caused an additional five trees to be hazardous,
according to the arborist report, and so the applicant has requested the current Tree Removal Permit to
remove these additional trees.
The 545 Holly St. site is a quarter-acre flag lot on the north side of Holly St. The property contains a
two-start', single-family residence and attached carport. There is a drainage running from the west
through the north of the property boundaries, which the application materials suggest has contributed to
the instability of the subject trees. 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
545 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 from
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 applicant, it was noted that in order to
PA #2015-00194
545 Holly StAds
Page 1
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. Le., and staff indicated that requests to remove hazard trees could `
be considered solely on the basis of removing the hazard. The removals proposed here are as follows: '
o Trees 1 - 3: Cotton woods (Populus) ranging in approximate height of 45-60 feet. The
arborist report notes signs of heavy erosion around the anchor roots, which support the
structural integrity of the trees. Additionally, the cottonwood trees all lean toward nearby
structures and, according to the arborist and applicant, pose a threat to the safety of people
and structures. The applicant's arborist recommends removal of the subject trees.
o Trees 4 - 5: Elm trees (Ulmus Americana) ranging in approximate height of 45-60 feet tall.
The arborist report states the trees have co-dominate stems and bark, which is a hazardous
defect that weakens the tree. Noting the erosion and hazardous growing conditions of the
tree, the arborist recommends their removal as hazards as well.
To be deemed a hazard, 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 in light of
the arborist report provided, staff finds all of the subject trees would be considered hazardous trees
because of the erosion of soil needed to stabilize each 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 at their regular meeting on May 7, 2015. The
Commission concurred with the arborist report and staff's assessment that the subject trees 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 18.5.7.040.13 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
PA #2015-00194
545 Holly StAds
Page 2
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 #2015-00194, a request to remove five hazardous trees with the imposition of the
attached conditions below complies with all applicable City ordinances. Planning Action #2015-00194
is therefore approved to allow the removal of the subject trees (three cottonwoods and two elms).
Further, if any one or more of the following conditions are found to be invalid for any reason
whatsoever, then Planning Action #2015-00194 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 trees from
the property. The trees 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.
3. That the recommendations of the Tree Commission from 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.
/ 1£ I
~A
May 28, 2015
Bill `olnar, ector Date
De artment of ommunity Development
PA #2015-00194
545 Holly St./dds
Page 3
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AFFIDAVIT OF MAILING
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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 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 #2015-00194, 545 Holly.
Signature of Employee
DocumenO 5/28/2015
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PA-2015-00194 391 E09DB 8400 PA-2015-00194 391 E09DB 8500 PA-2015-00194 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-2015-00194 391 E09DB 9002 PA-2015-00194 391 E09DB 8900 PA-2015-00194 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-2015-00194 391 E09DB 90006 PA-2015-00194 391 E09DC 2800 PA-2015-00194 391 E09DB 90002
EQUITY TRUST FBO PATRICIA R GRAY I 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
c
PA-2015-00194 391 E09DC 4800 PA-2015-00194 391 E09DB 8300 PA-2015-00194 391 E09DB 9100
GORDON CRAIG IOWA STREET 548 LLC KAIGAS MARK A/KATHRYN J
344 IDAHO ST P 0 BOX 399 912 MARIPOSA LN
ASHLAND, OR 97520 ASHLAND, OR 97520 ST HELENA, CA 94574
PA-2015-00194 391 E09DB 9300 PA-2015-00194 391 E09DC 3400 PA-2015-00194 391 E09DB 9501
KERRO MARGARET/ROBERT KEANE LIEBERMAN PAUL B/LINDA S LIGON WILLIAM C/JANET
1396 RUBIO LN 3080 NW AUTUMN ST PO BOX 3534
SAN LUIS OBISPO, CA 93405 CORVALLIS, OR 97330 ASHLAND, OR 97520
PA-2015-00194 391 E09DB 90001 PA-2015-00194 391 E09DC 5700 PA-2015-00194 391 E09DB 90005
LIMB JOHN 0 TRUSTEE ET AL MC KENNA STEVEN ALLEN MORRISON SIDNEY ET AL
606 IOWA ST P 0 BOX 174 PO BOX 44
ASHLAND, OR 97520 ORCAS, WA 98280 ASHLAND, OR 97520
PA-2015-00194 391 E09DB 90004 PA-2015-00194 391 E09CA 5301 PA-2015-00194 391 E09DB 9201
OEI FAMILY TRUST ET AL POLITIS DONALD A/DEANA LYNN REMINGTON MICHAEL B TRUSTEE
1015 HAVEN PL 295 IDAHO ST 645 HOLLY ST
EL CERRITO, CA 94530 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-00194 391 E09DB 8401 PA-2015-00194 391 E09DC 4702 PA-2015-00194 391 E09DB 9101
RUTTER TIMOTHY J TRUSTEE ET AL SHANAFELT MICHAEL A TRUSTEE ET AL SHUMAN AMY C TRUSTEE ET AL
516 GRANITE ST 572 HOLLY ST 639 HOLLY ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-00194 391 E09DB 9001 PA-2015-00194 391 E09DC 3100 PA-2015-00194 391 E09DC 4701
SIRIANNI STEVEN M TRUSTEE ET AL STRATTON JUDITH M TRUSTEE ET AL TENNANT NICK/BARBARA
PO BOX 1090 PO BOX 214 582 HOLLY ST
ASHLAND, OR 97520 JACKSONVILLE, OR 97530 ASHLAND, OR 97520
PA-2015-00194 391 E09CD 6900 PA-2015-00194 391 E09DC 5701 PA-2015-00194 391 E09DB 9500
WARNER MATTHEW R/KATHRYN A WINANS TRUSTEE PAUL L JR WINTER THOMAS A TRUSTEE
494 HOLLY ST 500 HOLLY ST 634 IOWA ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
I;
S 4
PA-2015-00194 391 E09DB 9502 PA-2015-00194 391 E09DB 8800 PA-2015-00194 391 E09DB 9400
WOOD DAVID WNILMA M SILVA WOOSNAM DAVID T TRUSTEE YOUNG MABEL R
646 IOWA ST 252 AMESPORT LANDING 287 HARRISON ST
ASHLAND, OR 97520 HALF MOON BAY, CA 94019 ASHLAND, OR 97520
PA-2015-00194
ARTISAN TREE CARE
DAVE MCNEIL
PO BOX 216
PHOENIX, OR 97535
545 Holly
5/28/2015 NOD
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Zimbra https://zjlnbra.ashland.or.us/b/printmessage?id=12059 I& I
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Planing Action #2015-00194/ .5,77, 1 lolly St
From Julia woosnam Thu, May 14, 2015 07:00 PM
<jpwoosnam@gmail.com>
Subject Planing Action
#2015-00194/545 Holly t
planning@ashland.or.us
Greetings!
I'd like to contribute my support to Jennifer Davis on the
application to remove trees from her property. They are located
I,
in an area which makes them a danger to occupied residential
units.
I
Just to be clear - her trees were fine until they began to suffer
from continued erosion due to their location near the low area
we share which is subject to run off from the higher elevation
behind our properties.
The run off was not a major problem in early years, but it was 1
increased dramatically by the diversion of street run off - our
properties are still being used as an unauthorized storm
drainage ditch by the city, by-passing the completion of
Ashland's storm drainage system. j
Happily, I am assured the planned pipeline for city storm
drainage from the Holly t./Idaho t. area will be installed under
Idaho t. early this fall (as it has been in the plan for many
1 of 2 5/18/2015 10:08 AM
Zimbra https:Hzimbra.ashland.or.us/li/printmessage?id=120591 & I
years, and included in the budget for 2015®16) None of us
downhill from this diversion wish to lose any more of our trees
or suffer continued expensive property damage. After the long
planned pipeline is completed and finally connected to the Iowa
t. drainage our neighborhood hopes to return to the safe,
clean environment we used to enjoy.
a
Thank you all for this chance to submit these comments to the
planning office.
Best to you,
c
c
Julia woosnam
f
Textile and Surface Design
252 Amesport Landing
Half Moon Bay, CA 94019
620 Iowa St.
Ashland, OR
s ~I.c
650®726®8614
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2 of 2 5/18/2015 10:08 AM
11678
MINOR PARTITION FILED FOR RECORD THIS THM-DAY 1991
located In
" Southeast Quar ter of Section 9, AT -5'O'CLOCK-P-M, AND RECORDED IN VOLUME--? PAGE,
APPROVAL"
/ Township 39 South, Range I East of the OF "MINOR LAND PARTITIONS" IN JACKSON COUNTY, OREGON.
y JACKSONIIametie Bass and Meridian, OREGON
' 7~~''89 for
- T I MOTH Y J UTTER
ASHLA LA N G G COMMISSION DATE m
PR -096 County Clerk Deputy
540 Holly Street
Ashland, Oregon 97520 WATER RIGHTS STATEMENT
For Declaration of Restrictions and
Flag Drive MaintaS!pL gq'-Bri'Repair
KNOW ALL MEN BY THESE PRESENTS, Off lolalmRetords oE~ aJ sc on°County, See Document No. ___of the
that We Dragon. Official Records of Jackson County,
Timothy John and Joanne M-11 Rutter, husband and rife, a,. the owners In lee simple of the lands as shown hereon and deslonaled as Parcels No. Oregon.
I, Land 3 nd al s9 to a n.rs In r.e slmDl. o/ a porf eon of Porpel os shown hereon and that we have -ous ed the Darl ll eon In' as shown
hereon. W do'nereby d dl a1. on convry L..dh. Clly oP°Aehl and 'a'Na I url I Drairtagl Way iardmen f, ova ahd'acr os. PdraeH No. 7'=and 2 as shorn
her eP.p W do h.r soy dell.ot. In the Clly dl Aenland, o Public lllll ley Eas.msa 1, over, across and Ihraugh that Donlan of Parcels Na. 2 and 3 SURVEYOR
shown boson os 'PRIVATE ACCE94`, P, S, and 'TR', CoeN. Clblevlr eon ar 'I euccneors in Inla.sl II Hereby gr aole0 Iha rlphl to us[ sold
public gtllli), eas.meni ear undergr aund Dl a<.m.nl op TV cable Ills. Thal par don of Parcels No. 2 and 3 shown hereon 1s 'PRIVATE ACCESS'
shah be utilized for WTUAL Ingress and egress by both Parcel. Na, 2 and 3, but not limited rxcluxlvely thereto. Publlo and PrI'.to SWAIN SURVEYING, INC.
JUNE 29, 1989
eTu Zenry wen L^.I.s al haw. Iha right of Ingr u. and epnu era and anon old 'PRIVATE ACCESS',
Rrtlrly Ions al any kshilnd and malnten once of sold 'PA Ind ACCESSshall be set ter th Ina s.D arou da current Ind Illed elmullaneous ly her ewllh.Il
IN WITNESS WHEREOF J 1/2 North Main Street
20
J NS. certify that pursuant to authority granted to uc by the Ach land Planning Ashland, Oregon 97520
R ~I Commlea tan In open meetlne__ ( 19_m{_4jL__thtc map 1s h approved. SCALE: 1 = 30'
hereby
we have set our hands and meals thiL(a? day of j( ,19 Dolled of 19 BASIS OF BEARING: N-S TRUE Center I i ne at of Sthoec. 9
VV I thlm_ day _ , p,,
._.y~ )M..s,w,,^,"•"' ~ (derlvad fr°n N. O. R. R. net)
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Timothy Jdhn Rutter Joenne Narle Rut er4t - I show°'
roe etif-- mar ery
Exeminad✓end Approved ihis1Z Ldey of_ ,1g M Fd. 5/8 Inch Iran Rod 8 Red Cap. marked: Wit. Cor. RLS 759
STATE OF OREGON y
0 Set 1/2 x 24 Inch Go v. Iron Plps lagged SWAIN L9 7,59
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- -(,/py~ N, 00°16' 31 'W.
aJ!I _j L____ A. D. 19_9°1 Clty Surveyor Re: R. S. No. 10314 ® Set 1/2 x 24 Inch G.I,PIpe with Red Tag marked: WIT.COR, kLS 759
Personally appeared the above named Timothy John Rutter and Joanne Marie Rutter se I, fan gene, etIt,- II 1 Fd.dI/2' L Plpe Deed Set 5/B x 24 Inch Iran Rod
with Red Cap Maritsa: WIT.COR, RLS 759
H IN Ls' 1/-; 2'n Re: - in 'a Record
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husband and wife, and acknowledge the foregoing Instrum n ;Ybrq , s 13' of W, 2.9' ; • R.S. No. 10314% Over a
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Planning Department, 51 Winburn Way, Ashland, Oregon 97520 t_; I -
541-488-5305 Fax: 541-552-2050 www.ashland.or,us TTY: 1-800-735-2900
NOTICE OF APPLICATION
PLANNING ACTION: 2015-00194
SUBJECT PROPERTY: 545 Holly Street
OWNER/APPLICANT: Jennifer Davis
DESCRIPTION: A request for a Hazard Tree Removal Permit to remove five trees from the property located at 545 Holly
St, including three cottonwoods and two elms. COMPREHENSIVE PLAN DESIGNATION: Multi-Family Residential;
ZONING: R-2; ASSESSOR'S MAP : 39 1E 09DB; TAX LOT: 8900
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.
NOTICE OF COMPLETE APPLICATION: May 1, 2015
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: May 15, 2015
aa r , PA #2015-00194
1.-~J 545HOLLY ST ,
SUBJECTPROPERTY
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The Ashland Planning Division Staff has received a complete application for the property noted above.
Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn
Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above.
Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a
notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the
comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the
application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning
Division Staffs decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC
18.108.040)
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure, to raise an objection concerning this
application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of
appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your
right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with
sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court.
A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be
provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services
Building, 51 Winburn Way, Ashland, Oregon 97520.
If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305.
GAcomm-de0planningTlanning Actions\Noticing FolderWailed Notices & Signs\2015\PA-2015-00194.docx
TREE REMOVAL PERMIT
18.5.7.040.6 Criteria for Issuance of Tree Removal 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
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.
l
GAcomm-dev\planning\Planning Actions\Noticing FolderWailed Notices & Signs\2015\PA-2015-00194.docx
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 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 #2015-00194, 545 Holly.
r
Signature of Employee
Documents 4/3012015
C
PA-2015-00194 391 E09DB 8400 PA-2015-00194 391 E09DB 8500 PA-2015-00194 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-2015-00194 391 E09DB 9002 PA-2015-00194 391 E09DB 8900 PA-2015-00194 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-2015-00194 391 E09DB 90006 PA-2015-00194 391 E09DC 2800 PA-2015-00194 391 E09DB 90002
EQUITY TRUST FBO PATRICIA R GRAY I GEARY EDWARD A TRUST GOODING MATTHEW K/RIO SHANNON D
ET AL 345 HARRISON ST 610 IOWA ST
PO BOX 451159 ASHLAND, OR 97520 ASHLAND, OR 97520
WESTLAKE, OH 44145
PA-2015-00194 391 E09DC 4800 PA-2015-00194 391 E09DB 8300 PA-2015-00194 391 E09DB 9100
GORDON CRAIG IOWA STREET 548 LLC KAIGAS MARK A/KATHRYN J
344 IDAHO ST P 0 BOX 399 912 MARIPOSA LN
ASHLAND, OR 97520 ASHLAND, OR 97520 ST HELENA, CA 94574
PA-2015-00194 391 E09DB 9300 PA-2015-00194 391 E09DC 3400 PA-2015-00194 391 E09DB 9501
KERRO MARGARET/ROBERT KEANE LIEBERMAN PAUL B/LINDA S LIGON WILLIAM C/JANET I
1396 RUBIO LN 3080 NW AUTUMN ST PO BOX 3534 j
SAN LUIS OBISPO, CA 93405 CORVALLIS, OR 97330 ASHLAND, OR 97520
PA-2015-00194 391 E09DB 90001 PA-2015-00194 391 E09DC 5700 PA-2015-00194 391 E09DB 90005
LIMB JOHN 0 TRUSTEE ET AL MC KENNA STEVEN ALLEN MORRISON SIDNEY ET AL
606 IOWA ST P 0 BOX 174 PO BOX 44
ASHLAND, OR 97520 ORCAS, WA 98280 ASHLAND, OR 97520
PA-2015-00194 391 E09DB 90004 PA-2015-00194 391 E09CA 5301 PA-2015-00194 391 E09DB 9201
OEI FAMILY TRUST ET AL POLITIS DONALD A/DEANA LYNN REMINGTON MICHAEL B TRUSTEE
1015 HAVEN PL 295 IDAHO ST 645 HOLLY ST
EL CERRITO, CA 94530 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-00194 391 E09DB 8401 PA-2015-00194 391 E09 DC 4702 PA-2015-00194 391 E09DB 9101
RUTTER TIMOTHY J TRUSTEE ET AL SHANAFELT MICHAEL A TRUSTEE ET AL SHUMAN AMY C TRUSTEE ET AL
516 GRANITE ST 572 HOLLY ST 639 HOLLY ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-00194 391 E09DB 9001 PA-2015-00194 391 E09DC 3100 PA-2015-00194 391 E09DC 4701
SIRIANNI STEVEN M TRUSTEE ET AL STRATTON JUDITH M TRUSTEE ET AL TENNANT NICK/BARBARA
PO BOX 1090 PO BOX 214 582 HOLLY ST
ASHLAND, OR 97520 JACKSONVILLE, OR 97530 ASHLAND, OR 97520
PA-2015-00194 391 E09CD 6900 PA-2015-001.94 391 E09DC 5701 PA-2015-00194 391 E09DB 9500
WARNER MATTHEW R/KATHRYN A WINANS TRUSTEE PAUL L JR WINTER THOMAS A TRUSTEE
494 HOLLY ST 500 HOLLY ST 634 IOWA ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
e
PA-2015-00194 391 E09DB 9502 PA-2015-00194 391 E09DB 8800 PA-2015-00194 391 E09DB 9400
WOOD DAVID WNILMA M SILVA WOOSNAM DAVID T TRUSTEE YOUNG MABEL R
646 IOWA ST 252 AMESPORT LANDING 287 HARRISON ST
ASHLAND, OR 97520 HALF MOON BAY, CA 94019 ASHLAND, OR 97520
i
PA-2015-00194
ARTISAN TREE CARE DAVE MCNEIL
PO BOX 216
PHOENIX, OR 97535
545 HOLLY
5/1/2015 NOC
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PN-6891A
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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 (Ulmus Americana) and three cotton wood (Popnhis) 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
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March 18, 2015
Jennifer Davis
545 Holly Street
Ashland, OR 97520
RE: Incompleteness Determination for PA-2015-00194
545 Holly Street
Dear Ms. Davis,
After reviewing the initial application submittal from February 3, 2015, subsequent e-mails and site
plans submittals from March 3, 2015 and your most recent e-mail indicating that you would not be
providing the arborist report previously discussed for your proposed tree removal permit request at 545
Holly Street, I have determined that the application is 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 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 rr l
Ashland, Oregon 97520 TTY: 800-735-2900 r - \v{
www,ashland.or.us derek.sev, rso
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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
9
Regards,
Derek Severson, Associate Planner
Encl: Applicant's Statement of Completeness
Cc: File
L
Community Development Dept. Tel: 541-552-2040
20 E. Main Street Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
Br.us derel
Date Received
c
(to be completed by staff)
Applicant's Statement of Completeness
(To be completed by the Applicant and returned to the City of Ashland Planning Division)
Re: PA-2015-00194, 545 Holly Street
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
(Inilial ij,eleclc(l)
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 dcsir ed
❑ 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
y g 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.
Community Development Dept. Tel: 541-552-2040
20 E. Main Street Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900.
WMIV, _ ers c~ashland.ar.us
) 2. Submit Some of the Requested Information:
Unitial if clecled) Decline to Provide Other Information
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
(I»itial ifc/cc/cd)
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.
is
f.
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 f v;%f, 1
Ashland, Oregon 97520 TTY: 800-735-2900 << ' l
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t nd.or.us derek, v 3
Zimbra https://zimbra. asb I and. onus/h/printmessagOid=114219&xim=1
Zimbra sRe: eversod@ashland.or.us
r permit 545 Holly
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r :Jennifer Davis Tue, Mar 10, 2015 07:27 PM
<riverandjen@charter. net>
Subject :Re: tree permit 545 Holly
: Derek Severson
<derek.severson@ashland.or.us>
Derek, I will not be getting an arborist report from Christopher John,
he said that it will cost $300 for that. The Vaughn's and I are feeling
very frustrated and I am hoping that you can hear us. I will try to
explain what is going on.
When the city opens up the gates from the TID and lets the storm
water run off come through our creek, it has been ruining our ditches
I have beams that have fallen because the erosion is so bad), causing
flooding for many, raging over the roots of our trees, causing them to
fall, and this puts peoples' lives in danger. For instance, I brought a
new photo to add to my file, of the roots of my two elms, that are
above ground in my yard and when they cross over to the Vaughn's
the roots are completely suspended in the air, with 3 feet of air below
them, because of the erosion of the canal due to the velocity of the
water during storm run off. When these elms fall, they will fall on our
cars and could injure the Vaughn's little children who play in the
driveway.
I have provided ample photos and drawings and I have shown you all
the compromised roots of these 6 trees. You can see in real photos, I
the velocity of the water during storm run off. You can see from
photos that the water runs over the 5 trees in my yard and you can
see the roots from the elms which are above ground, and you can see
that some of the trees are leaning and you can see that there are 5
I of 5 3/18/2015 10:17 AM
Zimbra https:Hzimbra.a.silinnd.or.us/b/printmessage?id=l 14219&xim=1
stumps within feet of the trees I am requesting a permit to cut,
(stumps of cottonwoods that have already fallen. An elderly lady from
the condos had to move because it was dangerous for her to be
walking in the water that was flooding her garage during the storm
run-offs.
The city is putting us in physical danger, financial burden and ruining
our yards, by refusing to re-route this water. Even a worker for the city
crew, said that he is trying to get this re-routing to happen a.s.a.p.
Tom Bradley, from the Glenwood condominiums, has been writing me
threatening emails saying that their lives are in danger and I am going
to have to pay enormous money if one of my trees falls on their
property and injures someone.
Do you see what I am saying? The city is putting us in this situation,
ruining our yards, putting us in financial risk of being sued and is
putting cars and people in danger, and so it is just not fair to not grant
us a tree removal permit. Really, the city should pay for the damage to
our yards, they should have paid for the damage to the Glenwood
condominiums when the two cottonwoods in the Vaughn's yard fella
few months ago and damaged the condo roof, they should pay to have
these trees cut down, since allowing such rapid water from storm run
off to come through our yards .............so not granting us tree removal
permits is just really, really unfair. The ci is putting us in dan
by of re-routing this storm run- ter n then not
allowing u permits to protect ourselves? That does not k
any sense.
I am going through a cardiac health issue, and yet I took over 10
hours to do drawings, print photos, fill out the application, get bids, for
this. I should not also have to pay $300 for an arborist report to be
able to cut my own trees down in my own yard. If the city is going to
refuse to re-route this water, then they can pay the $300 for the
report and they can pay several thousand dollars to get these 6 trees
cut down. The city is putting us in a real bind and it is not right. If we
2 of 5 3/18/2015 10:17 AM
i
Zimbra https://zimbra.ashland,or.us/h/printmessage?id=114219&xim=1
are willing to pay for the tree removal fee, then they should pay for
the arborist report. I cannot pay for the tree removal and then another
$300 for a report.
I am not mad at you, I just really hope that you can see the situation
that I am explaining, clearly. It has already been 33 days since I put in
the application for the permits. We are extremely lucky that some of
these trees did not fall in the February 5th storm. I put in a call to
Dave McNeil, to see if he could do a report for less cost, but he has
not called back and I am not sure if he will. I am exhausted trying to
work, and do all of this, when my heart is having a difficult time doing
I
its job. I really do not know how many more bids and energy I can put
in to this. I am just trying to do the right thing, at a great cost to my
health. I will pay for the trees to be cut down I am being more than
reasonable, I am just trying very hard to do the right thing. But I
should not have to pay for these trees to be removed and pay another
$300 for a report. The city put us in this bind and they need to grant
us this permit so that we can protect our children.
Sincerely, Jennifer Davis (with the full agreement and backing of the
Vaughns) ( And i have spoken with a lot of people along this ditch who
feel the same way)
On Mar 3, 2015, at 1:34 PM, Derek Severson wrote:
I've printed these site plans for the file, and will wait for the
report from Christopher John. I'll get the notices going as soon
as I've reviewed the arborist report.
Derek Severson, 4ssociate Planner
City of Ashland, Department of Community Development
3 of 5 3/18/2015 10:17 AM
Zimbra https://zimbra.ashIand.or.us/h/printmessage?id°114219&xim=1
51 Winburn Way, Ashland, OR 97520
PH- (541) 552-2040 FAX: (541)
552-2050 TTYA- 1-800-735-2900
I
- MAX : rek. ever on _ ashland. onus
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 email in error,
please contact n7e at (541) S52®2040. Thank you.
Original Message
From: Jennifer Davis <riverandiecharter.net>
To: derek severson < er k.severson@ashlan .or.u >
Sent: Tue, 03 Mar 2015 13:06:51 -0800 (PST)
Subject: tree permit 545 Holly
Derek, I had asked Dave McNeil to give me a report but he
prefered to talk to Amy Gunter and he did that. I will get a
report from Christopher Jon and get that to you as soon as
possible. I sure would like to get these trees removed before
the march winds start. Every time the wind blows, my neighbor
and I are unable to sleep, due to worry about the Glenwood
Condominium peoples' threats. I drew the 6 trees on the map
you sent me, as best I could, and I hope that will be adequate.
Thank you for your assistance, Jennifer Davis
L
4 of 5 3/18/2015 10:17 AM
Zimbra https://zimbra,ashland.or.us/h/printmessage?id=I 14219&xim=l
i
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I
I
derekderek
5 of 5 3/18/2015 10:17 AM
Zimbra https://zimbi-a.ashland.or.us/h/printmessage?id=113267& 1
E ~ I
i r seversod@ashland.or.us
Re: tree permit 545 Holly
r : Derek Severson Tue, Mar 03, 2015 01:34 PM
<derek.severson@ashland.or.us>
Subject : Re: tree permit 545 Holly
Jennifer Davis
< rivera ndjen @cha rter. net>
Reply To Derek Severson
<derek.severson@ashland.or.us>
External images are not displayed. Display ima es below
I've printed these site plans for the file, and will wait for the report from
Christopher John. I'll get the notices going as soon as I've reviewed the
arborist report.
Derek Severson, Associate Planner
City of Ashland, Department of Community Development
51 Winburn Way, Ashland, OR 97520
: (541) 552-2040 FAX: (541) 552-2050 TTY: 1-800-735-2900
E-MAIL: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 /aws for disclosure and
retention. If you've received this e-mail in error, please contact nee at
(SIV) SS2-2040. Thank you.
Original Message
From: Jennifer Davis <riverandjen@charter.net>
1 of 3 3/18/2015 10:17 AM
Zimbra https:Hzimbi-a.ashland.oi-.us/h/printmessage?id=1 13267& 1
To: derek severson <derek.severson@ashland.or.us>
i
Sent: Tue, 03 Mar 2015 13:06:51 -0800 (PST) j
Subject: tree permit 545 Holly
Derek, I had asked Dave McNeil to give me a report but hp prefered to
talk to Amy Gunter and he did that. I will get a report from Christopher
Jon and get that to you as soon as possible. I sure would like to get
A
these trees removed before the march winds start. Every time the wind
blows, my neighbor and I are unable to sleep, due to worry about the
Glenwood Condominium peoples' threats. I drew the 6 trees on the
map you sent me, as best I could, and I hope that will be adequate.
Thank you for your assistance, Jennifer Davis
I
i
i
I
2 of 3 3/18/2015 10:17 AM
Zimbra https:Hzimbra.ashland.or.us/h/printmessage?id=l 13267&1
t
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derekderek
Iy
3 of 3 3/18/2015 10:17 AM
Zimbra https://2,~-bra. ashland. or.us/h/printmessage?id=112962& 1
i
i r seversod@ashland.or.us
r Removal Permit r
Information Needed
From ® Derek Severson Fri, Feb 27, 2015 12:03 PM
<derek.severson@ashland.or. us>
a2 attachments
Subject 545-550 Holly Street Tree
Removal Permit Requests - More
Information Needed
To : riverandjen@charter.net,
getuponthatrock@yahoo.com
:'Derek severson'
<derek.severson@ashland.or.us>,
cj chrisjohn
<cj.chrisjohn@gmail.com>
Reply : 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
1 of 3 2/27/2015 12:03 PM
Zimbra https://z,j---',)ra.ashland.or.us/h/printmessage?id=l12962&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
k
(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 drawn 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
c
2 of 3 2/27/2015 12:03 PM
Zimbra https://7~,nbra.ashland.or.us/h/printinessage?id=t 12962& 1
t rt
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 town 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 dra~yn to scams/ 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://?''-bra.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 Planner
City of Ashland, Department of Community Development
51 Winburn Way, Ashland, OR 97520
PH: (541) 552-2040 FAX: (541) 552-2050 TTY: 1-800-735-2900
®ere.severs on ashl n .or.u
This e-mall transmission is the off/c/a/ 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 email in error, please contact me at
(S11) SS2-2040. Thank you.
i I n. f
76f
328 KB
Aerial Photo.pdf
~a3 MB
3 of 3 2/27/2015 12:03 PM
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i
ZONING PERMIT APPLICATION
Planning Division
CITY OF 51 Winburn Way, Ashland OR 97520 FILE
,/qaSNLA.N 541-488-5305 Pax 541-488-6006
• i
A
DESCRIPTION OF PROJECT"
DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? 0 YES ® NO
Street Address _
Assessor, Map No. 391 E Tax Lot(S) i
Zoning Comp-Plan Designation
t
APPLICANT
Name Phone - E-Mail i
Address CityZip
PROPERTY OWNER
Name Phone E-Mail _
Address City Zip
SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER
Title -Name Phone E-Mail
Address City 4 Zip
Title Name Phone E-Mail
Address City Zip
t hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects,
true and correct. I understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their
location found to be incorrect, the owner assumes full responsibility. 1 further understand that if this request is subsequently contested, the burden will be on me to
establish:
1) that 1 produced sufficient factual evidence at the hearing to support this request,
2) that the findings of fact furnished iustifies 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 property 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 removed at myense. If /have any doubts,Lam advised to seek competent professional advice and assistance.
Applicant's 'gnature_:~_- Date
As owner of the property involved in this request, l have read and understood the complete application and its consequences to me as a property
owner.
Property ®wiiet"a Signature (required) Date
fro be completed by City Statlj
Date Received Zoning Permit Type Filing Fee $
OVER 0
LAI
Job Address: 545 HOLLY ST Contractor:
ASHLAND OR 97520 Address:
C
A Owner's Name: DAVIS JENNIFER O Phone:
P Customer 05656 N State Lic No:
L T City Lic No:
P DAVIS JENNIFER
Applicant: 545 HOLLY ST R
Address: ASHLAND OR 97520 A
C C Sub-Contractor:
A Phone: T Address:
N Applied: 02/03/2015 O
T Issued: R
Expires: 08/02/2015 Phone:
State Lic No:
Maplot: 391 E09DB8900 City Lic No:
DESCRIPTION: Tree Removal Permit
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 Request Line: 541-552-2080 F ASHLAND
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