HomeMy WebLinkAboutDollarhide_2258_PA-2017-02278
CITY OF
ASHLAND
January 31, 2018
Notice of Final Decision
On January 30, 2018, the Community Development Director denied the request for the
following:
Planning Action: PA-2017-02278
Subject Property: 2258 Dollarhide Way
Applicant: Fred Stapenhorst / East Village HOA
Description: A request for a hazardous Tree Removal Permit to remove one tree in the
wetland owned by the East Village HOA. The actual address appears to be immediately to the
east of 2264 Dollarhide Way, located at approximately 2268 Dollarhide. The tree, a black
cottonwood, has a 13" DBH (diameter at breast height) and stands approximately 35 feet tall.
The application states the tree is in relatively good condition now, but cottonwoods are prone to
breakage and the tree may become a hazard to a neighboring residence in the future.
COMPREHENSIVE PLAN DESIGNATION: Residential Suburban; ZONING: R-1-3.5;
ASSESSOR'S MAP: 39 lE 1lCB; TAX LOT: 1041.
The Community Development Director's decision becomes final and is effective on the 12th day
after the Notice of Final Decision is mailed.
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 Fotini Kaufman in the
Community Development Department at (541) 488-5305.
cc: Parties of record and property owners within 200 ft
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COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900 }
www.ashland.orms :'i'
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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 ofAppeal. The notice of appeal shall be accompanied by the required filing fee and shall contain.
i. An identification of the decision being appealed, including the date of the decision.
ii. A statement demonstrating the person filing the notice of appeal has standing to appeal.
iii. A statement explaining the specific issues being raised on appeal.
iv. A statement demonstrating that the appeal issues were raised during the public comment period.
d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a
jurisdictional defect and will not be heard or considered.
3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before the
Planning Commission. The appeal shall not be limited to the application materials, evidence and other documentation,
and specific issues raised in the review leading up to the Type I decision, but may include other relevant evidence and
arguments. The Commission may allow additional evidence, testimony, or argument concerning any relevant
ordinance provision.
4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type II public hearing procedures,
pursuant to section 18.5.1.060, subsections A - E, except that the decision of the Planning Commission is the final
decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the
adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of
Appeals, pursuant to ORS 197.805 - 197.860.
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900 `
www.ashland.onus
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ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
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PLANNING ACTION: PA-2017-02278
SUBJECT PROPERTY: 2258 Dollarhide Way
APPLICAN'T': Fred Stapenhorst / East Village HOA
OWNERS: East Village HOA
DESCRIPTION: A request for a hazardous Tree Removal Permit to remove
one tree in the wetland owned by the East Village HOA. The actual address appears to be
immediately to the east of 2264 Dollarhide Way, located at approximately 2268 Dollarhide.
The tree, a black cottonwood, has a 13" DBH (diameter at breast height) and stands
approximately 35 feet tall. The application states the tree is in relatively good condition
now, but cottonwoods are prone to breakage and the tree may become a hazard to a
neighboring residence in the future.
COMPREHENSIVE PLAN DESIGNATION: Residential Suburban; ZONING: R-1-3.5;
ASSESSOR'S MAP: 39 lE 11CB; TAX LOT: 1041.
SUBMITTAL DATE: November 30, 2017
DEEMED COMPLETE DATE: December 28, 2017
STAFF DECISION DATE: January 30, 2018
DEADLINE TO APPEAL (4:30 p.m.): February 12, 2018
FINAL DECISION DATE: February 13, 2018
DECISION EXPIRATION DATE: August 13, 2019
DECISION
Planning Action #2017-02278 requests a hazardous Tree Removal Permit to remove a black
cottonwood in the wetland owned by the East Village HOA. The tree proposed for removal has a
13" diameter at breast height and is approximately 35 feet tall according to the application
materials. It is located on the open space to the east of the residence at 2264 Doliarhide Way.
The tree sits in a wetland. According to the aiborist's report, Cottonwoods are known to be
excellent wetland and riparian species in that they thrive in wet soils, providing a rapid source of
shade, and then add nutrients and habitat to the ecosystem as they die, break and otherwise fall
apart. "As this tree grows a home and yard will be increasingly in the target zone-should tree or
branch-failure occur," and as they grow, cottonwoods are known for their weakly-wooded branches
and are considered prone to failure in the arborist's report. However, the arborist did-not consider
the tree to be a hazard at the time and considered it in good health.
The Ashland Tree Commission met on January 4, 2018 and reviewed this request for removal. The
Tree Commission acknowledged the risk of breakage, but could not consider it hazardous, and
could not justify the removal of a beneficial wetland tree. The Tree Commission recommended
denial, but continuing to mionitor the tree and planting successive trees now.
Staff finds the application has not sufficiently demonstrated compliance with all applicable
PA-2017-02278
2258 Dollarhide/fk
Page 1
approval criteria.
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The criteria for Tree Removal Permit approval are described in C section 18.5.7.040.B
as follows,
1. HaZard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority finds that
the application meets all of the following criteria, or can be made- to conform through the
imposition of conditions.
a. The applicant must demonstrate that the condition or location of the tree presents a clear
public safety hazard (i. e., likely to fall and injure persons or property) or a foreseeable
danger of property damage to an existing structure or facilio} 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 ofapproml of the
permit.
E;
The. application does not comply with all applicable City ordinances for a Hazard Tree Removal
Permit-~--Planning Act'6n #2017-02278 is therefore denied.
Bii`f Molner, Community Development Director 4te
Department pf Community Development
PA-2017-02278
2258 Dollarhide/fk
Page 2
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ASHILAND TREE COMMISSION
PLANNING APPLICATION REVIEW COMMENT SHEET
January 4, 2018
PLANNING ACTION: PA-2017-02278
SUBJECT PROPERTY: 2258 Dollarhide Way
APPLICANT: Fred Stapenhorst / East Village HOA
OWNERS: East Village HOA
DESCRIPTION: A request for a hazardous Tree Removal Permit to remove one tree in the
wetland owned by the East Village HOA. The actual address appears to be immediately to the
east of 2264 Dollarhide Way, located at approximately 2268 Dollarhide. The tree, a black
cottonwood, has a 13" DBH (diameter at breast height) and stands approximately 35 feet -tall.
The application states the tree is in relatively good condition now, but cottonwoods are prone to
breakage-and the tree may become-a hazard to a neighboring residence in the future.
COMPREHENSIVE- PLAN DESIGNATION: Residential Suburban; ZONING: R-1-3.5; ASSESSOR'S
-MAP: 39 1E 11CB; TAX LOT: 1041.
The Tree Commission recommends denying the application. The Commission noted that
Cottonwoods are appropriate wetland trees and that this tree is in good health.
The Commission recommends continuing to monitor the tree. If the tree begins to fail or
becomes hazardous the applicants should reapply at that point in time.
The applicant-may wish to plant successive trees now in order to show that any future removal,
if necessary, is already mitigated.
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Department of Community Development Tel: 541488-5350 CITY F
51 Winbum Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900 -ASHLAND
www.ashland.or.us
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 1/311181 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 #2017-02278, 2258 Dollarhide.
Signature of Employee
DooumeW 1/31/2018
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PA-2017-02278 391 E11 CB 1035 PA-2017-02278 391 E11 CA 2900 PA-2017-02278 391 E11 CB 1025
ACCESS ALRICK DAVID J ANDERSON ELLEN F
PO BOX 4666 PO BOX 3042 2264 DOLLARHIDE WAY
MEDFORD, OR 97501 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2017-02278 391 E11 CA 2900 PA-2017-02278 391 E11 CA 2900 PA-2017-02278 391 E11 CA 2900
BOOTH STEPHEN TRUSTEE ET AL BOSBACH FAMILY TRUST ET AL BUDROE WILLETTE JOSEPHINE
PO BOX 3592 215 TOLMAN CREEK RD #14 215 TOLMAN CREEK RD #10
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2017-02278 391 E11 CB 1000 PA-2017-02278 391 E11 CA 2900 PA-2017-02278 391 E11 CA 2761
BUTLER RENE M/BENITEZ JOHN T JR CABRERA MANUEL A ET AL CAREY RICHARD I ET AL
3286 INWOOD PL 215 TOLMAN CREEK RD 28 PO BOX 339
FAIRFIELD, CA 94534 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2017-02278 391 E11 CA 2900 PA-2017-02278 391 E11 CB 1002 PA-2017-02278 391 E11 CA 2900
CARLSON HEIDI A CHALMERS RICHARD GARWOOD COLE HERB /SALLY
215 TOLMAN CREEK RD 6 TRUSTEE ET AL 215 TOLMAN CREEK RD SPC 4
ASHLAND, OR 97520 2268 ABBOTT AVE ASHLAND, OR 97520 h
ASHLAND, OR 97520
PA-2017-02278 391 E11 CB 1100 PA-2017-02278 391 E11 CA 2900 PA-2017-02278 391 E11 CB 1024
COOPER GLEN ALLEN TRUSTEE ET AL CZIRBAN JOEY ELLEN DANIEL WENDY L TRUSTEE ET AL
PO BOX 5753 215 TOLMAN CREEK RD 7 PO BOX 3322
SANTA BARBARA, CA 93150 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2017-02278 391 E11 CA 2900 PA-2017-02278 391 E11 CB 1006 PA-2017-02278 391 E11 CA 2900
FOSS JUSTIN GABRIEL JUDITH C GILBERT JILL LOUISE
215 TOLMAN CREEK RD 26 2238 ABBOTT AVE 215 TOLMAN CREEK RD 12
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2017-02278 391 E11 CA 2900 PA-2017-02278 391 E11 CB 1028 PA-2017-02278 391 E11 CA 2900
GOTAJ DANIEL RICHARD HALLSTEIN LITE A HANSON JUDITH
215 TOLMAN CREEK RD A 2240 DOLLARHIDE WAY 215 TOLMAN CREEK RD 31
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 f'
PA-2017-02278 391 El ICA 2900 PA-2017-02278 391 E 11 CA 2900 PA-2017-02278 391 El ICA 2900
HAZEL I DEANE LIVING TRUST HUTMACHER ARDYCE RENEE IRELAND SERENE/KERR MARK J
215 TOLMAN CREEK RD 3 215 TOLMAN CREEK RD 13 215 TOLMAN CREEK RD 37
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2017-02278 391 E11 CA 2900 PA-2017-02278 391 E11 CB 1031 PA-2017-02278 391 E11 CA 2900
JEFFERS BILLY DON/WELCH CHRISTINA KAUFMAN PROPERTY TRUST ET AL KENNEDY BEVERLY D
215 TOLMAN CREEK RD SPC 32 2222 DOLLARHIDE WAY 215 TOLMAN CREEK RD SPC 36
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2017-02278 391 E11 CB 1007 PA-2017-02278 391 E11 CB 1027 PA-2017-02278 391 E11 CB 1023
KODWEIS CINDI/ROBERT KORESKI DAVID J TRUSTEE ET AL LADYBUG PROPERTIES LLC
1031 ROSE CIR 125 SOUTHWIND DR PO BOX 1359
LOS ALTOS, CA 94024 PLEASANT HILL, CA 94523 ASHLAND, OR 97520
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PA-2017-02278 391 E11 CA 2900 PA-2017-02278 391E I ICA 2900 PA-2017-02278 391E I I CB 1016 L
LANE LINDA JOYCE LARSEN DEBBIE J LEONARD PATRICIA A
C/O LINDA JOYCE DURANGE 215 TOLMAN CREEK RD #11 74 RIDGECREST DR
215 TOLMAN CREEK RD 33 ASHLAND, OR 97520 KLAMATH FALLS, OR 97601 I
ASHLAND, , O OR 97520
PA-2017-02278 391 E11 CB 1030 PA-2017-02278 391 E11 CA 2900 PA-2017-02278 391 E11 CA 2900
LININGTON PETER S TRUSTEE ET AL LULL SUMMER ELIZABETH MENEFEE LEONORA C HOLLINSWORTH
2228 DOLLARHIDE WAY 215 TOLMAN CREEK RD 8 CRAIG AGENT
ASHLAND, OR 97520 ASHLAND, OR 97520 215 TOLMAN CREEK RD SPC 21
ASHLAND, OR 97520
PA-2017-02278 391 E11 CA 2900 PA-2017-02278 391 E11 CA 2900 PA-2017-02278 391 E11 CA 2900
MILLER SHERI ANN / JAMES LEE MURPHY THOMAS /HUBERTA NELKE MARY
215 TOLMAN CREEK RD #1 215 TOLMAN CR RD 34 215 TOLMAN CREEK RD SPC 25
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2017-02278 391 E11 CB 1019 PA-2017-02278 391 E11 CB 1005 PA-2017-02278 391 E11 CB 1004
OONO STEVEN Y ET AL PHILLIPS JAMES T/MERLINA D PRESKENIS SHERI L
3263 113TH AVE SE 2366 CASTLEWOOD DR 2256 ABBOTT AVE
BELLEVUE, WA 98004 REDDING, CA 96002 ASHLAND, OR 97520
PA-2017-02278 391 E11 CB 1029 PA-2017-02278 391 E11 CA 2900 PA-2017-02278 391 E11 CA 2900
REID THOMAS T ET AL RHAMEY RAYMOND R /SARAH S RICHARD L SHOUP AND SALLY S
918 WALKER 215 TOLMAN CREEK RD #9 SHOUP TRUST
ASHLAND, OR 97520 ASHLAND, OR 97520 215 TOLMAN CRK RD #38
ASHLAND, OR 97520
PA-2017-02278 391 E11 CA 2900 PA-2017-02278 391 E11 CB 1021 PA-2017-02278 391 E11 CA 2900
RYAN CHARLES R /MELISSA SCHWARZER PETE SEROPIAN ARA GREGORY ET AL
215 TOLMAN CREEK RD 29 2257 DOLLARHIDE WAY 3810 LEAHI AVE 109
ASHLAND, OR 97520 ASHLAND, OR 97520 HONOLULU, HI 96815
PA-2017-02278 391 E11 CB 1022 PA-2017-02278 391 E11 CA 2900 PA-2017-02278 391 E11 CB 1026
SHERCK JOHN SMILO SHERRY STAPENHORST FRED V/ROBERTA I
751 S BASCOM AVE VSC 4Q157 2305 ASHLAND ST 281 2258 DOLLARHIDE WAY
SAN JOSE, CA 95128 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2017-02278 391 E 11 CA 2900 PA-2017-02278 391 E 11 CA 2900
PA-2017-02278 391E 11 CA 2900
TAYLOR BILLY P/FEN L THE CAROLINE GRANAT REV TRUST THIRING DONALD C
215 TOLMAN CREEK RD 18 2305C ASHLAND ST #198 PO BOX 3556
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2017-02278 391 E11 CA 2900 PA-2017-02278 391 E11 CA 2900 PA-2017-02278 391 E11 CA 2900
THUNDERCLOUD SOPHIA TOLMAN CREEK PARK LLC C/O COOPER TRAVALLEE DANIEL
215 TOLMAN CREEK RD 19 DENNIS K 215 TOLMAN CR RD 23
ASHLAND, OR 97520 1182 TIMBERLINE TERR ASHLAND, OR 97520
ASHLAND, OR 97520
PA-2017-02278 391 E11 CA 2900 PA-2017-02278 391 E11 CA 2900 PA-2017-02278 391 E11 CB 1001
TRIVETTE TYLER /EMILY VALINE ROBERT ARTHUR VINTAGE GROUP INC
215 TOLMAN CREEK RD #15 215 TOLMAN CREEK RD 2 2784 SISKIYOU BLVD
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2017-02278 391 E11 CB 1003 PA-2017-02278 391 E11 CB 1018 PA-2017-02278 391 E11 CA 2900
WALLECH THOMAS TRUSTEE ET AL WERNER MARY D WIGHT DAVID EDWARD
PO BOX 4953 2233 DOLLARHIDE WAY 215 TOLMAN CREEK RD SPC 20
SONORA, CA 95370 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2017-02278 391 E11 CA 2900 PA-2017-02278 391 E11 CA 2760 PA-2017-02278
WINNER MELVIN RAY WOODS JOYCE A REV LIV TRUST ET AL CANOPY CHRIS JOHN
215 TOLMAN CR RD 22 P.O. BOX 891 157 MAX LOOP
ASHLAND, OR 97520 ASHLAND, OR 97520 TALENT, OR 97540
2258 Dollarhide
NOD 1/31/18
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Planning Department, 51 Wir`u„ t n Way, Ashland, Oregon 97520 - -
541-488-5305 Fax: 541-552-2050 www,ashland.or.us TTY: 1-800-735-2900®
NOTICE OF APPLICATION
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PLANNING ACTION: PA-2017-02278
SUBJECT PROPERTY: 2258 Dollarhide Way
OWNERIAPPLICANT: Fred Stapenhorst / East Village HOA
DESCRIPTION: A request for a hazardous Tree Removal Permit to remove one tree in the wetland owned by the
East Village HOA. The actual address appears to be immediately to the east of 2264 Dollarhide Way, located at
approximately 2268 Dollarhide. The tree, a black cottonwood, has a 13" DBH (diameter at breast height) and stands
approximately 35 feet tall. The application states the tree is in relatively good condition now, but cottonwoods are
prone to breakage and the tree may become a hazard to a neighboring residence in the future. COMPREHENSIVE
PLAN DESIGNATION: Residential Suburban; ZONING: R-1-3.5; ASSESSOR'S MAP: 391 E 11 CB; TAX LOT:
1041.
NOTE: The Ashland Tree Commission will also review this Planning Action on Thursday, January 4, 2018 at 6:00 PM in the Community
Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way.
NOTICE OF COMPLETE APPLICATION: December 20, 2017
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: January 11, 2017
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SUBJECT PROPERTY
1 2268 DOLLARHIDE WAY J
PA-2017-02278
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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 i.
Building, 51 Winburn Way, Ashland, Oregon 97520.
If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305.
GAcomm-dev\p1anning0anning Actions\Noticing Folder\Mailed Notices & Signs\2017\PA-2017-02278.docx
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TREE REMOVAL PERMIT
18.5.7.040.6
1. ; ± 'd ~o. 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. Tr T~ !nit - t z~ r'. 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.
G:\comm-dev\planning\Planning Actions\Noticing Polder\Mailed Notices & Signs\2017\PA-2017-02278.docx
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AFFIDAVIT" OF /MAILING
STATE OF OREGON )
County of Jackson )
The undersigned being first duly sworn states that:
1. I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On 12/28/17 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 #2017-02278, 2258 Dollarhide.
Signature of Employee
c
Documentl 12128/2017
4
391E11CB1035 PA-2017-02278 391 ElICB1025 PA-2017-02278 391 ElICB1013 PA-2017-02278
ACCESS ANDERSON ELLEN F ANDREWS STACEY L
PO BOX 4666 2264 DOLLARHIDE WAY 374 SOFT TRAIL LP
MEDFORD, OR 97501 ASHLAND, OR 97520 BEND, OR 97702
391 E 11 CB 1010 PA-2017-02278 391 E 11 C B 1008 PA-2017-02278 391 E 11 CB 1000 PA-2017-02278
BORG BELMIRA TRUSTEE ET AL BUTLER JUDITH L BUTLER RENE M/BENITEZ JOHN
2214 ABBOTT AVE 2226 ABBOTT AVE 3286 INWOOD PL
ASHLAND, OR 97520 ASHLAND, OR 97520 FAIRFIELD, CA 94534
391 E11 CA2761 PA-2017-02278 391 E11 CB 1002 PA-2017-02278 391 E11 CB1100 PA-2017-02278
CAREY RICHARD I CHALMERS RICHARD GARWOOD TR COOPER GLEN ALLEN TRUSTEE E
PO BOX 339 2268 ABBOTT AVE PO BOX 5753
ASHLAND, OR 97520 ASHLAND, OR 97520 SANTA BARBARA, CA 93150
391E11CB1024 PA-2017-02278 391EIlCB1038 PA-2017-02278 391E11CB1032 PA-2017-02278
DANIEL WENDY L TRUSTEE ET A EAST VILLAGE HOMEOWNERS ASS EISEN JEREMY/HILTON KAY L
PO BOX 3322 258 A ST PMB 59 2216 DOLLARHIDE WAY
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
391E11CB1011 PA-2017-02278 391E11CB1006 PA-2017-02278 391E11CB1014 PA-2017-02278
FONTENEAU ANNE GABRIEL JUDITH C HALL JOHN C TRUSTEE ET AL
2208 ABBOTT AVE 2238 ABBOTT AVE 715 G ST
ASHLAND, OR 97520 ASHLAND, OR 97520 JACKSONVILLE, OR 97530
391E11CB1028 PA-2017-02278 391 ElICB1034 PA-2017-02278 39lEllCB1031 PA-2017-02278
HALLSTEIN LITE A HEVERAN BRUCE W KAUFMAN PROPERTY TRUST ET A
2240 DOLLARHIDE WAY PO BOX 865 2222 DOLLARHIDE WAY
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
391E11CB1007 PA-2017-02278 391El1CB1027 PA-2017-02278 391E11CB1023 PA-2017-02278
KODWEIS CINDI/ROBERT KORESKI DAVID J TRUSTEE ET LADYBUG PROPERTIES LLC
1031 ROSE CIR 125 SOUTHWIND DR PO BOX 1359
LOS ALTOS, CA 94024 PLEASANT HILL, CA 94523 ASHLAND, OR 97520
391 ElICB1016 PA-2017-02278 391E11CB1030 PA-2017-02278 391El1CB1009 PA-2017-02278
LEONARD PATRICIA A LININGTON PETER S TRUSTEE E LOVETT RICHARD PAUL TRUSTEE
74 RIDGECREST DR 2228 DOLLARHIDE WAY PO BOX 427
KLAMATH FALLS, OR 97601 ASHLAND, OR 97520 ASHLAND, OR 97520
391E11CB1015 PA-2017-02278 391EIlCB1019 PA-2017-02278 391El1CB1005 PA-2017-02278
MORROW NANCY E TRUSTEE ET A OONO STEVEN Y ET AL PHILLIPS JAMES T/MERLINA D
2215 DOLLARHIDE WAY 3263 SE 113TH AVE 2366 CASTLEWOOD DR
ASHLAND, OR 97520 BELLEVUE, WA 98004 REDDING, CA 96002
391E11CB1004 PA-2017-02278 391 ElICB1017 PA-2017-02278 39lEllCB1021 PA-2017-02278
PRESKENIS SHERI L REID THOMAS T/HANNA MARILYN SCHWARZER PETE
2256 ABBOTT AVE 918 WALKER AVE 2257 DOLLARHIDE WAY
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
391 E11 CB1022 PA-2017-02278 391 E11 CBI 026 PA-2017-02278 391 E11 CA2900 PA-2017-02278
SHERCK JOHN STAPENHORST FRED WROBERTA TOLMAN CREEK PARK LLC
751 BASCOM AVE VSC 4Q157 2258 DOLLARHIDE WAY C/O COOPER DENNIS K
SAN JOSE, CA 95128 ASHLAND, OR 97520 1182 TIMBERLINE TERR
ASHLAND, OR 97520
391E11CB1001 PA-2017-02278 391El1CB1003 PA-2017-02278 391E11CB1018 PA-2017-02278
VINTAGE GROUP INC WALLECH THOMAS TRUSTEE ET A WERNER MARY D
2784 SISKIYOU BLVD PO BOX 4953 2233 DOLLARHIDE WAY
ASHLAND, OR 97520 SONORA, CA 95370 ASHLAND, OR 97520
391 E 11 CA2760 PA-2017-02278
WOODS JOYCE A REV LIV TRUST N2258 OC 12/28/17
P.O. BOX 891
ASHLAND, OR 97520 37
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` ZONING PERMIT APPLICATION
Planning Division
{ 51 Winburn Way, Ashland OR 97520 ~
c, T4 o F FILE- Cat ~C
) 541-488-5305 Fax 541-488-6006
>
ASM-ANI
DESCRIPTION OF PROJECT
DESCRIPTION OF PROPERTY Pursuing LEED0 Certification?_® YES El NO c
Street Address
Assessor's Map No. 39 1 E d I~ Tax Lot(s)
Zoning Comp Plan Designation
APPLICANT
Name Phone E-Mail
Address
City zip
PROPERTY OWNER
Name Phone E-Mail
Address
city Zip
SURVEYOR, ENGINEER, ARCHITECT LANDSCAPE ARCHITECT OTHER
Title J"Wj Name CtftiU t ~ l * "Phone SVI )KII -04V E-Mail C~3 - C4ftxW-A e Cv~2 JL,
Address 16'' AV'~x L VP City. Zip ?RW D
Title Name Phone
E-Mail
Address City, -7[
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1 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. I further understand that if this request is-subsequently contested, the burden will be on me to-
establish:
1) that l 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 i y l ,s r, 1 4) that all structures or improvements are properly located on the gro
und.
-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 r&ance thereon being required to
be removed at my expense, If I have any doubts, l am advised to seek competent professional advice and assistance.
Applicant's Signature F Date
As owner of the property involved in this request, -i hare-read-an-,d-understood_-the complete application and its consequences to me as a proper t;<_
owner.
Propety-Qwner's-Signature- (required) Date`
[To be completed by qty Staff)
Date Received I Nth] Zoning Permit Type `0- f Filing Fee K_
OVER ►6
G:Icom -devlpl=n nglFot &xandoutslZoning Femut Appbcabomdoc
CANOPY LLC
The Care of Trees
canopyarborcare.com
157 Max Loop
Talent, OR 97540
(541) 631-8000
November 25, 2017
City of Ashland
Planning Department
51 Winburn Way
Ashland, OR 97520
3
RE: Tree removal permit @ East Village HOA
The members of East Village Homeowner's Association are requesting approval to remove a cottonwood tree
from their neighborhood. This tree is located within the boundary of a wetlands water resource area.
The black cottonwood, Populus trichocarpa, measures 13" in diameter at breast height and is approximately 35
feet tall. It is of good health and appears to be growing vigorously. I do not consider this tree to be a hazard at
this time.
As I understand it, the primary motivation to remove this tree is the concern over its proximity to a home and its
long-term potential as a hazard. Cottonwood trees in general are well-known for their extremely fast growth
rate, which produces very weakly-wooded branches, which are then prone to failure. Cottonwood trees are
excellent wetland and riparian species in that they thrive in wet soils, providing a rapid source of shade, and
then add nutrients and habitat to the ecosystem as they die, break, and otherwise fall apart. Unfortunately, as
this tree grows, a home and yard will be increasingly in the target zone should tree or branch failure occur.
The East Village HOA would like to remove this tree as part of on-going restoration efforts. They have in the
past and will be continuing this year to remove non-native, invasive species (especially blackberries) while
retaining the native trees and shrubs in the wetland, which the area has in abundance. The HOA would like to
replace the cottonwood with a tree more conducive to an urban environment that likewise does well in a
wetland setting and is long-lived. I have suggested swamp white oak (Quercus bicolor) or bald cypress
(Taxodium distichum) as the start of a list for replacement possibilities and would welcome further suggestions.
Thank you for your consideration. Feel free to contact us if there are any further questions.
~~al o 1
Christopher John
Arborist, Canopy LLC
ISA Certification #VVE-9504A
Tree Risk Assessor Qualified (TRAQ)
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Job Address: 2258 DOLLARHIDE WAY Contractor:
ASHLAND OR 97520 Address:
C
A Owner's Name: DENNIS/ELLEN READ/FOWLER 0 Phone:
P Customer 07916 N State Lie No:
CANOPY LLC T City Lie No:
L Applicant: 157 MAX LOOP R
Address: TALENT OR 97540 A
C Sub-Contractor:
A Phone: (541) 631-8000 T Address:
N Applied: 11/30/2017 0
T Issued:
Expires: 05/29/2018 Phone:
State Lie No:
Maplot: 91E11CB1000 City Lie No:
DESCRIPTION: Removal of cottonwood tree from wetlands in East Village HOA
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 29.00
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
I T Y OF
Inspection Request Line: 541-552-2080
'A A'S lff LAN
l
~ 1 Y
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
(180 days) Development Fees: $ 0.00 $ 0.00
.
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: $ 29.00 $ 29.00
or local laws, ordinances, or regulations rests solely with the
applicant. Sub-Total: $ 29.00
Fees Paid: $ 29.00
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
CITY
Inspection Request Line: 541-552-2080