HomeMy WebLinkAboutLarkin_901-907_PA-2017-00450
CITY F
ASHLAND
April 25, 2017
Notice of Final Decision
1
C
On April 25, 2017, the Community Development Director approved the request for the
following:
Planning Action: PA-2017-00450
Subject Property: 901 - 907 Larkin Lane
Applicant: Kate Jackson
Description: A request for a hazardous tree removal permit to remove two trees from a
multi-family property. The first tree proposed for removal is a cypress that is currently leaning
against the structure and the second tree is an incense cedar located next to the power pole that
has suffered from previous topping(s). COMPREHENSIVE PLAN DESIGNATION: Low
Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP: 391E09DA; TAX LOT:
90000.
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: 541488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.asliland.or.us
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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 II public hearing procedures,
pursuant to section 18.5.1.060, subsections A - E, except that the decision of the Planning Commmission is the final
decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the
adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of
Appeals, pursuant to ORS 197.805 - 197.860.
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us I %'l
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: PA-2017-00450
SUBJECT PROPERTY: 901- 907 Larkin Lane
O ER/APPLICANT: Kate Jackson
DESCRIPTION: A request for a Tree Removal Permit to remove two Hazard Trees from a multi-family
residentially-zoned property. The first tree proposed for removal is a cypress that is currently leaning
against the structure and the second tree is an incense cedar located next to the power pole that has suffered
from previous topping(s).
COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-
2; ASSESSOR'S MAP: 391E09DA; T LOT: 90000.
SUBMITTAL DATE: March 14, 2017
DEEMED COMPLETE DATE: March 27, 2017
STAFF DECISION DATE: April 25, 2017
APPEAL DEADLINE (4:30 P.M.): May 8, 2017
FINAL DECISION DATE: May 9, 2017
EXPIRATION DATE: November 9, 2018
DECISION
The subject property is located at 901-907 Larkin Lane and is zoned R-2 (Low Density Multi-Family
Residential). The request is for a Tree Removal Permit to remove two Hazard Trees from the multi-family
residential property. The first tree proposed for removal is a cypress that is currently leaning against the
building, and the second tree is an incense cedar located next to the power pole that has suffered from
previous topping. (An additional Red Oak tree along Beach Street was removed with a Street Tree
Removal Permit.)
The first tree proposed for removal is a Cypress that is currently leaning against the building at 907 Larking
Lane. The application materials provided note that this tree is currently approximately ten feet taller than
the building, with branches which intrude into a window and roots which are impacting the foundation.
The applicants request to remove the tree to avoid damage to the building walls and foundation and to
enable painting of the building, which cannot be completed now due to the tree's proximity to the building.
The second tree is an Incense Cedar located next to the power pole that has suffered from previous severe
topping. The application suggests that the tree is likely a volunteer as planting in such close proximity to
the power pole would not have been allowed, and the removal is proposed to avoid future impact to power
lines. The applicants note that they have met with Electric Department staff who felt that the tree posed
a real hazard due to its proximity to the power pole and associated electric lines. Its branches form a de
facto ladder to access the pole and power lines which poses an attractive nuisance, particular in such close
proximity to the University. The Electric Department has indicated that they will remove the branches in
proximity to the power lines in preparation for the applicant's arborist to complete the tree removal, and
a condition to this effect has been included below.
The Tree Commission reviewed the request at its regular meeting on April 6, 2017 and unanimously
recommended that it be approved as submitted. Commissioners noted that after visiting the site, they
felt that it was heavily landscaped and there was no need - or room - to require mitigation plantings.
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PA #2017-00450
901-907 Larkin Lane/dds
Page 1
The criteria for Tree Removal Permit approval are described in C 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,
j
a. The applicant must demonstrate that the condition oelocation 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. j
b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to section
18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit.
2. Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted if the approval
authority finds that the application meets all of the following criteria, or can be made to conform through the imposition
of conditions,
a. The tree is proposed for removal in order to permit the application to be consistent with other applicable Land
Use Ordinance requirements and standards, including but not limited to applicable Site Development and
Design Standards in part 18.4 and Physical and Environmental Constraints in part 18.10.
b. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters,
protection of adjacent trees, or existing windbreaks.
C. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and
species diversity within 200 feet of the subject property. The City shall grant an exception to this criterion when
alternatives to the tree removal have been considered and no reasonable alternative exists to allow the
property to be used as permitted in the zone.
d. Nothing in this section shall require that the residential density to be reduced below the permitted density
allowed by the zone. In making this determination, the City may consider alternative site plans or placement
of structures of alternate landscaping designs that would lessen the impact on trees, so long as the
alternatives continue to comply with the other provisions of this ordinance,
e. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to
section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit.
In staff's assessment, the request satisfies the applicable criteria for a Tree Removal Permit to remove
Hazard Trees.
Based on the materials provided, the application with the attached conditions complies with all applicable
City ordinances. Therefore, Planning Action #2017-00450 is approved with the following conditions. If
any one or more of the following conditions are found to be invalid for any reason whatsoever, then
Planning Action #2016-00450 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 applicant shall contact the Electric Department to arrange removal of branches in
proximity of the power lines prior to removing the Incense Cedar tree.
April 25, 2017
(,Bill Moln r, Director Date
Departme . t of Community Development
PA #2017-00450
901-907 Larkin Lane/dds
Page 2
AFFIDAVIT OF MAILING
STATE OF OREGON
County of Jackson )
The undersigned being first duly sworn states that:
i
1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On 4/25/171 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 #2017-00450, 901-907 Larkin Lane.
Signature of Employee
i
DocumeW 4/25/2017
i
PA-2017-00450 391 E09DA 6200 PA-2017-00450 391 E09DD 1800 PA-2017-00450 391 E09DD 8100
ALEXANDER-O'CONNOR RORY ANDERSON CHRISTOPHER A ET AL ANDERSON KAAREN D TRUSTEE ET AL
2768 QUAIL RUN RD 126 NURSERY ST 328 LIBERTY ST
TALENT, OR 97540 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2017-00450 391 E09DA 6400 PA-2017-00450 391 E09DA 7000 PA-2017-00450 391 E09DA 4800
ASHLAND SCHOOL DIST #5 ASYLDA LLC 'CROUCH EDDIE TRUSTEE ET AL
885 SISKIYOU BLVD 110 E BUTLER LN 308 LIBERTY ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2017-00450 391 E09DA 6101 PA-2017-00450 391 E09DD 8000 PA-2017-00450 391 E09DD 1700
DAHLQUIST CARL/DAHLQUIST ANNETTE DELONG THEODORE R/SARAH B DELSMAN AMY M
PO BOX 3359 329 BEACH ST AMY HAPTONSTALL
ASHLAND, OR 97520 ASHLAND, OR 97520 341 BEACH r
ASHLAND, OR R 97520
PA-2017-00450 391 E09DA 90002 PA-2017-00450 391 E09DA 5500 PA-2017-00450 391 E09DA 6300
DIETLEIN WILLIAM R/TERRI S EGERT JANINE EVE 1998 REV INTERVIV FOSTER TAMARA K
903 LARKIN LN PO BOX 3272 147N LAUREL ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2017-00450 391 E09DA 5700 PA-2017-00450 391 E09DA 4900 PA-2017-00450 391 E09DA 90001
GRANTHAM RALIEGH J ET AL HOLLEY NANCY JACKSON GABRIEL TRUSTEE ET AL
271 BEACH ST 324 LIBERTY ST KATE JACKSON
ASHLAND, OR 97520 ASHLAND, OR 97520 359 KEARNEY ST
ASHLAND, OR 97520
PA-2017-00450 391 E09DA 4700 PA-2017-00450 391 E09DA 4400 PA-2017-00450 391 E09DA 90004
JONES LAWRENCE D JOYER JANET/H W SCHROEDER LOPEZ RICHARD L ET AL
1600 ASHLAND MINE RD 278 LIBERTY STREET 1074 N JASMINE
ASHLAND, OR 97520 ASHLAND, OR 97520 CLOVIS, CA 93611
PA-2017-00450 391 E09DA 5400 PA-2017-00450 391 E09DA 5600 PA-2017-00450 391 E09DD 1600
MEISSNER MARK C TRUSTEE ET AL MOSCARITOLO IGNAZIA M TRUSTEE POLLARD JOSEPH L
303 BEACH ST 285 BEACH ST 1145 TABBY LN
ASHLAND, OR 97520 ASHLAND, OR 97520 MEDFORD, OR 97501
PA-2017-00450 391 E09DD 1900 PA-2017-00450 391 E09DA 4600 PA-2017-00450 391 E09DA 6100
ROBBINS PAUL E SALCEDO CAROL A TRUSTEE FBO SISKIYOU PLAZA LLC
346 LIBERTY ST SISKIYOU PROPERTY MANAGEMENT 850 SISKIYOU BLVD 3
ASHLAND, OR 97520 PO BOX 1797 ASHLAND, OR 97520
PHOENIX, OR 97535
PA-2017-00450 391 E09DA 4500 PA-2017-00450 391 E09DA 90003 901-907 Larkin
WALLEN MARCIA S WEAVER SYLVIA J
280 LIBERTY ST 905 LARKIN LN NOD 4/25/17
ASHLAND, OR 97520 ASHLAND, OR 97520 26
Planning Department, 51 Winkburn Way, Ashland, Oregon 97520 >F
541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 ASHLAND
NOTICE OF APPLICATION
PLANNING ACTION: PA-2017-00450
SUBJECT PROPERTY: 901 - 907 Larkin Lane
OWNERIAPPLICANT: Kate Jackson
DESCRIPTION: A request for a hazardous tree removal permit to remove two trees from a multi-family property.
The first tree proposed for removal is a cypress that is currently leaning against the structure and the second tree is
an incense cedar located next to the power pole that has suffered from previous topping(s). COMPREHENSIVE
PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP: 391 E09DA; TAX j
LOT: 90000.
NOTE: The Ashland Tree Commission will also review this Planning Action on Thursday, April 6, 2017 at 6:00 PM in the Community
Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way.
i
NOTICE OF COMPLETE APPLICATION: March 27, 2017
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: April 10, 2017
901 903 905 907
1
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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 Staff's decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC
18,5.1.050.G)
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this
application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of
appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your
right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with
sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court.
A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be
provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services
Building, 51 Winburn Way, Ashland, Oregon 97520.
If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305.
Wcomm-dev\planning\Planning Actions\Noticing FolderWailed Notices & Signs\2017\PA-2017-00450.docx
TREE REMOVAL PERMIT
18.5.7.040.6
1. Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can
be made to conform through the imposition of conditions.
a. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard (i.e., likely to fall and injure persons or
property) or a foreseeable danger of property damage to an existing structure or facility, and such hazard or danger cannot reasonably be alleviated
by treatment, relocation, or pruning. See definition of hazard tree in part 18.6.
b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to section 18.5.7.050. Such mitigation requirements shall
be a condition of approval of the permit.
2. Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted if the approval authority finds that the application meets
all of the following criteria, or can be made to conform through the imposition of conditions,
a. The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance requirements and
standards, including but not limited to applicable Site Development and Design Standards in part 18.4 and Physical and Environmental Constraints
in part 18.10,
b. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or
existing windbreaks.
c. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the
subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no reasonable
alternative exists to allow the property to be used as permitted in the zone.
d. Nothing in this section shall require that the residential density to be reduced below the permitted density allowed by the zone. In making this
determination, the City may consider alternative site plans or placement of structures of alternate landscaping designs that would lessen the impact
on trees, so long as the alternatives continue to comply with the other provisions of this ordinance.
e. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to section 18.5.7.050. Such mitigation
requirements shall be a condition of approval of the permit.
Wcomm-dev\planning\Planning Actions\Noticing Folder\blalled Notices S Signs\2017\PA-2017-00450.docx
AFFIDAVIT OF MAILING
I
STATE OF OREGON )
County of Jackson )
i
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 3/27/171 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 #2017-00450, 901-907 Larkin Lane.
Signature of Employee
DooumenQ 3/24/2017
PA-2017-00450 391 E09DA 6200 PA-2017-00450 391 E09DD 1800 PA-2017-00450 391 E09DD 8100
ALEXANDER-O'CONNOR RORY ANDERSON CHRISTOPHER A ET AL ANDERSON KAAREN D TRUSTEE ET AL
2768 QUAIL RUN RD 126 NURSERY ST 328 LIBERTY ST
TALENT, OR 97540 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2017-00450 391 E09DA 6400 PA-2017-00450 391 E09DA 7000 PA-2017-00450 391 E09DA 4800
ASHLAND SCHOOL DIST #5 ASYLDA LLC CROUCH EDDIE TRUSTEE ET AL
885 SISKIYOU BLVD 110 E BUTLER LN 308 LIBERTY ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2017-00450 391 E09DA 6101 PA-2017-00450 391 E09DD 8000 PA-2017-00450 391 E09DD 1700
DAHLQUIST CARL/DAHLQUIST ANNETTE DELONG THEODORE R/SARAH B DELSMAN AMY M AMY HAPTONSTALL
PO BOX 3359 329 BEACH ST 341 BEACH ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2017-00450 391 E09DA 90002 PA-2017-00450 391 E09DA 5500 PA-2017-00450 391 E09DA 6300
DIETLEIN WILLIAM R/TERRI S EGERT JANINE EVE 1998 REV INTERVIV FOSTER TAMARA K
903 LARKIN LN PO BOX 3272 147 N LAUREL ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2017-00450 391 E09DA 5700 PA-2017-00450 391 E09DA 4900 PA-2017-00450 391 E09DA 90001
GRANTHAM RALIEGH J ET AL HOLLEY NANCY JACKSON GABRIEL TRUSTEE ET AL
271 BEACH ST 324 LIBERTY ST 359 KEARNEY ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2017-00450 391 E09DA 4700 PA-2017-00450 391 E09DA 4400 PA-2017-00450 391 E09DA 90004
JONES LAWRENCE D JOYER JANET/H W SCHROEDER LOPEZ RICHARD L ET AL
1600 ASHLAND MINE RD 278 LIBERTY STREET 1074 N JASMINE
ASHLAND, OR 97520 ASHLAND, OR 97520 CLOVIS, CA 93611
PA-2017-00450 391 E09DA 5400 PA-2017-00450 391 E09DA 5600 PA-2017-00450 391 E09DD 1600
MEISSNER MARK C TRUSTEE ET AL MOSCARITOLO IGNAZIA M TRUSTEE POLLARD JOSEPH L
303 BEACH ST 285 BEACH ST 1145 TABBY LN
ASHLAND, OR 97520 ASHLAND, OR 97520 MEDFORD, OR 97501
PA-2017-00450 391 E09DD 1900 PA-2017-00450 391 E09DA 4600 PA-2017-00450 391 E09DA 6100
ROBBINS PAUL E SALCEDO CAROL A TRUSTEE FBO SISKIYOU PLAZA LLC
346 LIBERTY ST SISKIYOU PROPERTY MANAGEMENT 850 SISKIYOU BLVD 3
ASHLAND, OR 97520 PO BOX 1797 ASHLAND, OR 97520
PHOENIX, OR 97535
PA-2017-00450 391 E09DA 4500 PA-2017-00450 391 E09DA 90003 901-907 Larkin
WALLEN MARCIA S WEAVER SYLVIA J
280 LIBERTY ST 905 LARKIN LN 26 NOC 3/27/17
ASHLAND, OR 97520 ASHLAND, OR 97520 26
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Cory Darrow
From: Regan Trapp
Sent: Saturday, March 18, 2017 4:13 PM
To: Cory Darrow; Mark Schexnayder
Subject: Fwd: Permits PA-2017-00450 and PW-2017-00451 Electric department crew
consultation
i
Please see below and call applicant asap.
Get Outlook for iOS
From: Katharine Jackson <katharinejackson@me.com>
Sent: Saturday, March 18, 2017 4:06:54 PM
To: Regan Trapp
Cc: Dave Tygerson
Subject: Permits PA-2017-00450 and PW-2017-00451 Electric department crew consultation
Dear Regan,
Shortly after I turned in the two permit applications referenced above, Dave Tygerson from the Electric Department, met me on
location. This occurred on Thursday March 16 at 7:45 a.m.
Permit PA-2017-00450 is a zoning request to remove two hazard trees on the multi-family property on Larkin Lane.
Concerning the incense cedar next to the power pole on the property, Dave said the tree is a real risk: its ladder of branches provide an
easy route to climb the power pole and reach the lines. This is a true hazard in a college neighborhood as well as illegal. Dave offered
to remove the top 5 feet of the tree to do the work around the city's electric lines, when my arborist is ready to take down the rest of
the tree.
Permit PW-2017-0045lis a street tree removal request for the Larkin Lane HOA Beach Street frontage.
The red oak in the park row is of less concern to the Electric Department: the only high voltage is the uppermost line and is at 220 not
440. The lower lines are low voltage phone and cable services. Still, the department will top the tree again as it gets taller around the
power line servicing the Larkin condos and 303 Beach Street.
My preference would be to remove the tree now, before it becomes injured by pruning that damages the normal growth process of the
tree and causes stress and disease. Soon we will be required to cut the lower branches from the tree to the required 14 feet above the
street level, while the topping and top pruning will lower its upper growing points. 18.5.7.040C on page 5-60 of the land use code,
speaks to the undesirability of having to top a tree.
The Beach Street frontage will still meet street tree planting densities without the red oak. There are two very large pines at Larkin and
Beach and a 5-Inch deciduous tree in the park row of Beach St. There are 9 trees along Larkin Lane in 145 feet, where there is no
street tree requirement. Please see page 14 of permit application for a discussion of this concern.
Thank you for your prompt service at the counter. I very much appreciate Dave coming out to the site to discuss their concerns with
me as well.
Please put this note into the permit application files.
Best,
Kate Jackson
1
ZONING PERMIT APPLICATION
J, Planning Division
51 WinbunWay, Ashland OR 97520
C I T Y Or FILE v 00 LI`'
ASHLAND 541-488-5305 Fax 541-488-6006
i
DESCRIPTION OF PROJECT V_V_W~4)04 ®~n
DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? ❑ YES ` 121, NO f
Street Address
Assessor's Map No. 39 1E 'Q°h Tax Lot(s) 01 ®®t7 o
Zoning Comp Plan Designation !lam CPl
APPLICANT
Name ® 3g4A -E-Mail
Address - VftCng=:% City Zip q-7
PROPERTY OWNER q%+6 3f Name one E-Mail
Address ZLQ~ City Zip
SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER
Title Name Phone E-Mail
Address City Zip
Title Name Phone E-Mail
Address City Zip
I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects,
true and correct. 1 understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their
location found to be incorrect, the owner assumes full responsibility. I 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 justifies the granting of the request,
3) that the findings of fact furnished by me are adequate; and further
4) that all structures or improvements are properly located on the ground.
Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to
beroved at my expense. If 1 have any doubts, I am advised to seek competent profession 1 advice an assistance.
Applicant's Signature Date
As owner of the property involved in this request, I have read and understood the complete application and its consequences to me as a property
owner.
J llOr~r ►A,
Pro erty Owner's Signature (required) Date
[To be completed by City Staff] t
Date Received_ " Zoning Permit Type Filing Fee $ j\
OVER 0
GAcomm-dev\plmmng\Foms & Handouts\Zoning Permit Application.doc
Landscape Maintenance at Larkin Lane Condominiums
Project statement
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This is a combined application for two city permit applications: a zoning permit is
required to remove hazard landscape trees on a property zoned, and in use, as multi-
family housing; a tree removal permit is required to remove a hazard street tree. One
hazard tree under the power lines will be removed from the park-row. One hazard
tree by the City utility pole will be removed from the property. One tree against the
building is a hazard as it grows bigger and taller close to the foundation.
This project involves routine landscape maintenance on an existing property. No
building modifications, no new construction, or demolition is proposed. No building
permits are needed for this work, to our knowledge. Three trees will be removed. All
other trees, shrubs and vegetation will be undisturbed.
The site plan, page 2, has been annotated to focus on the landscape aspects of the
project, labeling trees, DBH, shrubs, fixtures and dimensions. Eleven photos taken on
March 6 and March 11, 2017 are inserted throughout the text. The arborist's letter is
the last page.
Back r ound
Larkin Lane Condominiums were formed in late 2006 by conversion of an existing
apartment building built in the 1970's. There are four units. One is in the city's
affordable housing program, address 905, owner Sylvia Weaver. Larkin Lane
Homeowners Association manages the exterior maintenance, most of which is carried
out by the local owners and residents. Sylvia and I are the officers for the Board of
Directors of the 4 unit HOA. Larkin is the only multi-family residential property in this
entire block of Beach and Liberty (which backs to the alley).
Larkin Lane is an unpaved city street off Beach Street directly across from the former
Lincoln Elementary School. Larkin "Lane" is used for parking by local residents and
tenants of the school building. It also provides access to the alley that connects Henry
St to Iowa St down the middle of the block.
Storm drainage flows down the alley, along the west side, down to Iowa Street. Storm
runoff also flows along the north edge of Larkin Lane to Beach Street. The City created
and maintains the proper grades and these grades prevent storm water from entering
the Larkin Lane properties. We greatly appreciate the work of City Public Works
Department to maintain this function.
None of the current owners are original to the conversion. The landscape is well
established, so we assume it dates from much earlier than 10 years ago. The yard is
fully irrigated with drip or low pressure spray heads. The timer and controller are
new in 2016. CHAIR 14 2011
Page 1 of 16
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MAR 14 2017
Page 2 of 16
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View of Larkin Lane and condominiums from across Beach Street (LT-1)
Current Landscape Conditions
The condominiums face toward Larkin Lane. A curb-cut near the beginning of the
Lane gives entrance to the driveway and access to the garages of the four condos. The
driveway in front of the condos is concrete and has a drain that discharges onto
Beach St below the water meters. A landscaped area and pedestrian path connect the
driveway to the sidewalk on Beach Street. The mail delivery box is at the corner of the
pedestrian path and the Beach Street sidewalk.
The park-row between Larkin Lane and the condos is about 10 feet wide. There are 7
pines and 2 deciduous trees along its 145 foot length.
The east side of the property `fronts' on Beach Street for about 65.5 feet. The building
is set a minimum of 20 feet back from the sidewalk and at an angle so the distance
increases toward the north. Well established vegetation screens the building from
view of the street. The landscaped area is approximately 1400 square feet in area.
Four photos, LT-13, LT-11, LT-14 and LT-4, give a perspective into this landscaped
yard in sequence from Larkin Lane northward down Beach Street.
MAR 1 017
Page 3 of 16
Landscape materials include 8 shrubs of more than 10 feet height (6 evergreen and 2
deciduous), four ground cover shrubs at the path corner, three full-grown deciduous
trees near the north fence line, an incense cedar by the power pole and a cypress
against the wall of unit 907. For reference, the homes are two stories.
The landscape between the pedestrian path and Larkin Lane contains two large pines,
an 8" deciduous tree and numerous ground cover plants. See photo LT-1 previous
page.
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Landscape along Beach Street, Larkin Lane condos (LT-13)
[Seen here is the pedestrian path into the complex, the five water meter boxes in the
park-row, and the fully shrub shaded yard. The cypress is visible at the top of the
photo, left of center. The oak in the park-row is surrounded on both sides by 10-foot
high shrubs. Not visible is the fire hydrant off the left edge of the photo; it can be seen
in photo LT-1 page 3. ]
~,)IAR 14 2017
Page 4 of 16
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Landscaping and park-row seen from across Beach Street (LT-14)
[This image from further back across Beach Street brings the park-row in front of 303
Beach into the picture. A curb-cut can be seen at the north property line. One of four
small street trees at 303 Beach is at the far right edge. Two of the three trees to be
removed can be seen. The cypress is visible as a column taller than the two-story
building. The oak has utility lines running directly through its canopy. The cedar
cannot be seen.]
The park-row along Beach Street is 7 feet wide, not including the six inch curb. The
sidewalk varies from 4'10" to 5'- wide. The section is about 65.5 feet long. The park-
row is occupied by two shrubs (about 10 feet high) on both sides of the oak, a red oak
(6" DBH), a second deciduous (5" DBH) tree as well as a fire hydrant, a street sign,
and the five water meter boxes serving the complex. The second tree, the fire hydrant
and the street sign are off the left side of the photo.
Page 5 of 16
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View from Beach Street near north side of property (LT-4)
[The oak tree is off the left side of the photo. The shrub next to the oak forms the left
edge of the picture. The cypress can't be seen. The cedar and the utility pole appear
on the right as two parallel vertical poles.]
4 2011
Page 6 of 16
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North property line: power pole, cedar, 5 full grown deciduous trees (LT-11)
[The white fence line encloses 303 Beach Street. Three deciduous trees are in the
Larkin property front yard. One tree is in the yard of 907 Larkin. The fifth tree, in the
foreground of the photo, is on 303 Beach's property. This group of trees provide
substantial summer shade to this side of the property and onto Beach Street due to
their height.
Due to repeated topping, the cedar tree is shorter than the deciduous trees. See the
site plan on page 2 for location and size of each tree. See also photo LT-12, page 9]
Actions proposed
The owners plan basic spring maintenance of this well-established landscape. As part
of that wore, we wish to remove three hazard trees. The trees are marked at their
base with a spot of green paint on the north side.
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1) Remove cypress from against the wall of 907. This tree is 10 feet falter than
the house structure, its branches are intruding into a window, and the
trunk and roots are too close to the building foundation. We wish to
Page 7 of 16
remove this tree to avoid damage to the structure. Painting scheduled for
this spring will be hampered if the tree is not removed. See photo below.
Reasons: Hazard to foundation and walls of structure. Immediate obstacle to proper
painting that will safeguard siding from moisture, insects and dry rot.
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Cypress against house wall (LT-7) 1
Page 8 of 16
2) Remove incense cedar growing within 15 inches of city power pole. It is
not appropriate to be growing under utility lines or this close to the pole.
The power pole has been in place since before 1975 (label shows insect
control in 1977). The tree would not have been allowed to be planted so
close to a pole, so this tree is likely a volunteer. The tree has been severely
topped by city staff over the years and continues to grow branches around
the incoming power and utility lines. To avoid power outage in a storm and
severe damage to the tree by continued topping, we wish to remove this
tree. Three photos depict this tree, LT-12, LT-5 and LT-6.
Reasons: hazard to city utilities, never should have been allowed to be in this place.
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Power and utility lines come through upper tree branches (LT-12)x'
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Close up to cedar trunk and power pole (LT-5)
MAC 14 011
Page 10 of 16
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Looking up into cedar tree top with utility lines among the branches (LT-6)
[An incense cedar in the right place is an elegant, very tall, erect tree. This poor tree
has been irreparably damaged by topping. Continued growth stimulated by topping
will only exacerbate the risk of power and line damage and further stress this
distressed tree.]
MAR "14 X1111
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Page 11 of 16
3) Remove 6" red oak in park-row under utility lines (see separate application
for street tree removal). As with the incense cedar, this tree would
naturally grow far taller than desired for its location under utility lines.
Though only 6" DBH, it has been topped at least once already. Established
shrubs on both sides of the oak are 10 feet tall and may well be older than
the oak. These shrubs will remain in place. Two photos, LT-9 and LT-8,
show this situation.
Reason: Hazard to utility lines, poor tree choice for this location.
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Red oak, two shrubs, and utility lines from across Beach Street (LT-9)
Page 12 of 16
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Looking up into utility lines tangled with oak tree branches and trunk (LT-$
Discussion
Trees within the landscaped yard: The removal of these two trees will be hard to
notice.
The photos show that it is hard to see the cypress and the cedar from among the large
shrubs, most of which are evergreen. The cypress is visible mainly above the roofline
of the building. Otherwise it is hidden behind the rest of the foliage. You don't see its
trunk or the elegance of its columnar shape. The foundation and siding of the condo
will be protected from damage by removal of the tree.
Page 13 of 16
The cedar is visible at the corner of the property. However, it is located too close to
the power pole, has already been severely topped and cannot achieve its normal form
in this place. The other existing trees and shrubs in the landscape are not being
disturbed and will continue to provide full coverage after removal of this hazard tree.
The power and utility lines will be safe from storm damage.
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Along the fence line with 303 Beach and within the Larkin HOA property, there are
four full-size deciduous trees taller than the condo building: a three-trunk tree
inward from the power pole, another three-trunk tree in the backyard of 907, an old
three-trunk pear tree that continues to bear some fruit, and a single trunk deciduous.
None of these four trees will be affected by the proposal. In addition, a fifth
deciduous, an 18", joins the canopy of the others on the 303 Beach side of the fence.
See the site plan on page 2 for placements. See photo LT-11 on page 7 for perspective.
Trees along the two street frontages:_City code requires one street tree per 30 foot
of frontage along neighborhood collectors, and has no specifics for alleys. Code
encourages trees in parking lots, a secondary use of Larkin Lane.
Standard park-row width for new development is 7 to 8 feet with 5 to 6 feet sidewalk
for residential collector streets with 2 lanes and parking on both sides of street. On
Beach Street, the actual park-row is 7 feet and the sidewalk is 5 foot wide
(approximately). Along Larkin Lane, there is no sidewalk but a 10-foot wide
landscape strip supporting 7 pine trees separates Larkin Lane from the condo
driveway.
Along Larkin Lane, a distance of approximately 145 feet, there are 7 pines and 2
deciduous trees, well established, and more than 20 years old, certainly predating the
condo conversion of 10 years ago. With Larkin being unpaved, rain infiltrates and
provides a much wider root base for trees. These trees will not be disturbed by this
action.
Along Beach Street, there are two large (13",15"DBH) pines adjacent to the sidewalk
and the driveway, two small (5" and 6"DBH) deciduous trees, and two large shrubs.
The distance is about 65 feet. The property to the north, 303 Beach, has four 3" trees
in its frontage. One of them can be seen in the photo LT-14 (p5). With one 6" tree
removed, there will be two pines (13" and 15") and a 5" deciduous along Beach
Street. Code for this frontage length would specify two trees. Three will remain. But
this is not a new development. All the vegetation is well established. c;
If not removed, the red oak will need to continue to be topped as long as the utility
lines remain among its branches. It seems impractical to relocate the utility lines. This
is a handsome tree in the wrong location. This tree would normally form a tall, broad
oval canopy. It is just 6" DBH now. By topping it, the canopy shape will not be
achieved. It poses a hazard in windy weather and winter storms, could cut power to
the condos and 303 Beach, and repeatedly damage the utility lines.
117
Page 14 of 16
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Removal of this hazard tree will not have a significant negative impact on tree
densities, sizes, canopies, or diversity within 200 feet of the property, nor on the
subject property. Given the density of shrubs and trees in the `front' of the building,
the 5 trees at the north property line, and the row of NINE pine trees at Larkin and
Beach, the condo complex is surrounded by greenery. Beach Street up and down
street from this location has a consistent line of established and varied street trees on
both sides of the street, some in park-rows, some in the yard landscape.
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No mitigation is required for removal of hazard trees. The two hazard trees in the
landscape are not contributing to the overall canopy or coverage. The hazard tree in
the street park-row is small and not a good choice. Its natural growth will be
seriously damaged by continued topping and pruning around the utility lines.
Within this well-established landscape, there is really no place to plant another tree.
Two tall shrubs already growing at the same place as the hazard oak will not be
disturbed and do not threaten the utility lines.
Planting another tree southward toward Larkin Lane would conflict with the existing
fixtures that include buried utilities (water, storm-water), utility boxes, another tree,
the fire hydrant and the street sign. There are two very tall pine trees at the end of the
park-row across the sidewalk at Larkin Lane. No other trees should be placed within
their dripline. (See photo LT-1, page 3).
Planting a new tree toward the north is impractical due to the short distance to the
property line, to the neighbors' street trees, and to the overhead utility lines we seek
to protect. Four established tall deciduous trees already dominate the corner of the
property and form a shade canopy over the property line shared by Larkin HOA and
303 Beach Street. This group of trees also shade Beach Street itself from the westerly
afternoon sun.
The large pines at Larkin and Beach also provide late afternoon shade to Beach Street.
Conclusion
These two applications request approval to remove one hazard street tree and two
hazard landscape trees. In this established landscape, their removal will have little
discernible effect. Hazards will be removed before damage occurs. This is routine
landscape maintenance in a decades old four-unit multi-family property.
Thank you for your prompt attention to this request.
Don't hesitate to call Kate Jackson at 840-3961 with questions and to discuss these
requests.
;V1
Page 15 of 16
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CASEY P. OLANDTREE CARE
Phone: 541-488-0782 ® ccb 186190
March 7, 2017
To whom It may concern.
Kate Jackson, 359 Kearney St. Ashland, Oregon 97520 recently contacted me regarding 3 trees @ 901-
907 Larkin Ln. Ashland, Or.
The first tree is an Italian Cypress approximately 6" D.B.H. This tree is 24" from the exterior of the
easternmost unit on site. Plans to paint the exterior of this unit is hampered by the close proximity of
this tree to the exterior wall. While pruning this tree will allow the paintwork, it will require removing
most of the foliage on the west side. It is my opinion this tree should be removed.
The second tree Is 12" D.B.H. Incense Cedar next to the low voltage power feed pole between the
easternmost unit and the sidewalk adjacent to Beach St.
This tree has been topped to facilitate clearance of the overhead utilities that supply the units. It will
require repeated severe pruning in the future to maintain this clearance. It is my opinion that this tree
be removed. i/
The third tree Is a#D.B.H. red oak in the parking strip adjacent to Beach St.
This tree is growing under the power feed as well, and will require severe pruning to provide clearance
for overhead utilities in the future. It is my opinion that this tree be removed as re-routing the utilities
would be impractical. Replacement of these trees may be possible on site, providing they have sufficient
space to attain size at maturity.
All trees mentioned have been marked with florescent green paint at the base, on the north side.
Please contact me If you have any questions or concerns regarding this matter.
Sl cerely,
Cagey P. Roland.
"Oil
Thank You for your .Business!
Job Address: 901 LARKIN LN Contractor:
ASHLAND OR 97520 Address:
C
A~ Owner's Name: G JACKSON REV LIV TRUST ® Phone:
P Customer 09251 N State Lic No:
P G JACKSON REV LIV TRUST T City Lic No:
Applicant: 359 KEARNEY ST R
Address: ASHLAND OR 97520 A
C C Sub-Contractor:
A Phone: (541) 840-3961 T Address:
N Applied: 03/14/2017
T Issued:
Expires: 09/10/2017 R Phone:
State Lic No:
Maplot: 391 e09da90001 City Lic No:
DESCRIPTION: 901, 903, 905, 907 Larking Lane tree removal
VALUATION
Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description
Total for Valuation:
MECHANICAL
ELECTRICAL
STRUCTURAL
PERMIT FEE DETAIL
Fee Description Amount Fee Description Amount
Tree Removal/Verification 28.00
CONDITIONS OF APPROVAL
COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 East Main St. Fax: 541-488-5311
Ashland, OR 97520 TTY: 800-735-2900
www.ashland.or.us
Inspection Request Line: 541-552-2080 CITY F
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I hereby certify the contents of this application to be correct to the
best of my knowledge, and furthermore, that I have read, Fee Summary Paid Amounts
understood and agreed to the following:
Building: $ 0.00 $ 0.00
1. This permit shall remain valid only in accordance with code State Surcharge: $ 0.00 $ 0.00
or regulation provisions relating to time lapse and revocation Development Fees: $ 0.00 $ 0.00
(180 days).
2. Work shall not proceed past approved inspection stage. All Systems Development Charges: $ 0.00 $ 0.00
required inspections shall be called for 24 hours in advance. Utility Connection Fees: $ 0.00 $ 0.00
3. Any modifications in plans or work shall be reported in
advance to the department. Public Works Fees: $ 0.00 $ 0.00
4. Responsibility for complying with all applicable federal, state, Planning Fees: $ 28.00 $ 28.00
or local laws, ordinances, or regulations rests solely with the
applicant. Sub-Total: $ 28.00
app Fees Paid: $ 28.00
Applicant Date Total Amount Due: $ 0
COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 East Main St. Fax: 541-488-5311
Ashland, OR 97520 TTY: 800-735-2900
www.ashland.or.us
Inspection Request Line: 541-552-2080 CITY OF