HomeMy WebLinkAboutFirst_7_N_TREE-2019-00067
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C I T Y or
Tune 14, 2019
Notice of Final Decision
On Tune 14, 2119, the Community Development Director approved the request for the following:
Planning Action: TREE-2019-00067
Subject P'roperty: 7 N. First St. (199 E. Main)
Applicant: Charles Garland Trustee
Description: A request for a. Tree Removal Permit to remove three trees from a
commercial property. The trees requested for removal include; One large beech tree which is
located between the two buildings (7&11 N Is' St). The Beech tree has been examined by an
Arborist who states that the tree is dying and does not have enough foliage to support the tree. The
other two trees proposed for removal are two columnar cypress trees located along the eastern side
of the building. The cypress trees are mature and healthy measuring approximately 13-inches at
the base and stand forty-feet tall. The base of these trees is approximately 6.5-inches from the edge
of the building, and a recent inspection found that the root structure was "intruding on the
foundation of the building."
COMPREHENSIVE PLAN DESIGNATION: Downtown; ZONINGr: C-l-D; ASSESSOR'S
MAP: 39 IE 09BA; TAX ]LOT: 10500
The Community Development Director's decision becomes final and is effective on the 12"' 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
'inborn 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 Aaron Anderson in the
Community Development Department at (541) 488-5305.
cc: Parties of record and property owners within 200 ft
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541.488.5905
51 Winburn Way Fax: 541-552-2050
Ashland. Oregon 97520 TTY; 800-795-2900 `
wwwwn.ashland.or.ras V .:,l
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:
I . 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. Tinre for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of
decision is mailed.
C. Content ofNotice 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 11 public bearing 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
xv«vw.ashLmd.orms I L--:1
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: TREE-2019-00067
SUBJECT PROPERTY: 7 N. First St. (199 E Main)
OWNER/APPLICANTS: Charles Garland Trustee
DESCRIPTION: A request for a Tree Removal Permit to remove three trees from a
commercial property. The trees requested for removal include; One large beech tree which is located
between the two buildings (7&11 N I" St). The Beech tree has been examined by an Arborist who states
that the tree is dying and does not have enough foliage to support the tree. The other two trees proposed
for removal are two columnar cypress trees located along the eastern side of the building. The cypress
trees are mature and healthy measuring approximately 13-inches at the base and stand forty-feet tall. The
base of these trees is approximately 6.5-inches from the edge of the building, and a recent inspection found
that the root structure was "intruding on the foundation of the building."
COMPREHENSIVE PLAN DESIGNATION: Downtown; ZONING: C-1-13; ASSESSOR'S MAP:
39 1E 09BA; TAX LOT: 10500
SUBMITTAL DATE: May 16, 2019
DEEMED COMPLETE DATE: May 21, 2019
STAFF DECISION DATE: June 14, 2019
DEADLINE TO APPEAL (4:30 p.m.): June 26, 2019
FINAL DECISION DATE: June 27, 2019
APPROVAL EXPIRATION DATE: December 27, 2020
DECISION
This proposal is to remove three trees; two columnar cypress trees, and one beech tree from the property
at 7 North First St. The subject property is 0.15 acres in size and is located on the north-west corner of
East Main and North First Street intersection, in the C-I -D zoning district.
The Tree Commission, following proper public notice, held a public hearing on June 6, 2019 at which time
testimony was received and exhibits were presented.
The applicant, represented by Charles Garland, stated that a building inspection, conducted by their insurance
company, identified that roots from the cypress trees were intruding into the foundation of the building. He
fiurther stated that there was very limited space on the property to plant mitigation trees.
The Tree Commission deliberated and ultimately voted unanimously to recommend approval for the
removal of the two trees with the condition of approval that the two cypress trees be mitigated off site as
provided in AMC 18.5.7.050.B. It was determined that the beech tree was dead and therefore did not
require mitigation planting.
In staff's assessment, the three trees proposed for removal fully meets the "tree that is not a hazard"
criteria.
TREE-2019-00067
7 N. First St/aa
Page 1
The criteria for a Tree Removal Permit 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 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 Gan 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.
Planning Action #TREE-2019-00067, a request to remove one tree, complies with all applicable City
ordinances with the imposition of the conditions attached below. Therefore, Planning Action #TREE-
2019-00067 is approved. If any one or more of the following conditions are found to be invalid, for any
reason whatsoever, then Planning Action #TREE-2019-00067 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 coordinates with the Ashland Parks Department to plant two appropriate street
7xceed o the par row at 479 Russell St.to mitigate the removal of the cypress trees for a fee not to
$400 e ch.
t
Bil . olnar, Dili ctor• Date
Dep rtment Community Development
TREE-2019-00067
7 N. First St/aa
Page 2
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 June 14, 2019 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 #TREE-2019-00067, 7 N. First (199 E.
Main)
Sign at re of Employee
C:lUsemViappr4UeskbplTef*aiesWFICANTOF LWLING Regan.docx61W2019
TREE-2019-00067 391 E09BD 4400 TREE-2019-00067 391E09BA 10800 TREE-2019-00067 391 E09BC 600
ASHLAND LODGE #944113 P 0 E ASHLAND VINE LLC BANKE THEODORE HILOIS E
PO BOX 569 2113 EMIGRANT CREEK RD 598 LIT WAY
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
TREE-2019-00067 391E09BA 10300 TREE-2019-00067 391E09BD 4500 TREE-2019-00067 391E09BA 10500
BROWN ERIK/NORTH JAMIE CRATER NATL BANK OF MEDFORD GARLAND GERALD G TRUSTEE CIO
15 N 1ST ST IDUSTRY CONSULTING GROUP INC CHARLES GARLAND
ASHLAND, OR 97520 PO BOX 810490 2180 DUNCAN DR
DALLAS, TX 75381 MEDFORD, OR 97504
TREE-2019-00067 391 E09BA 10301 TREE-2019-00067 391 E09BA 10600 TREE-2019-00067 391 E09BC 100
KAK LLC KATHERINE M KENNEDY, KEY BANK OF OREGON 1ST AMERICAN MARK ANTONY HIST PROP LLC
MEMBER TAX VALUATION 953 EMIGRANT CREEK RD
132 GREENWAY CIR 183 E MAIN ST ASHLAND, OR 97520
MEDFORD, OR 97504 ASHLAND, OR 97520
TREE-2019-00067 391 E098D 4600 TREE-2019-00067 391 E09BA 80001 TREE-2019-00067 391 E09BD 4700
NEUMAN PROPERTIES & DEV LLC REMINGTON ENTERPRISES INC SAVAGE K LYNNIORELL GAIL. E
953 EMIGRANT CREEK RD 645 HOLLY ST 2773 BUSH ST
ASHLAND, OR 97520 ASHLAND, OR 97520 SAN FRANCISCO, CA 94115
TREE-2019-00067 391 E09BC 500 TREE-2019-00067 391 E09BA 10900 TREE-2019-00067 391 E09BD 4690
SCHWEIGER JOHN C TRUSTE FBO TEITELBAUM ALBERT TRUSTEE TEITELBAUM JULI F TRUSTEE ET AL
2200 ASHLAND ST 2310 QUAIL POINT CIR 237 ALMOND ST
ASHLAND, OR 97520 MEDFORD, OR 97504 ASHLAND, OR 97520
TREE-2019-00067 391 E09BC 200 TREE-2019-00067 391 E09BA 10400 June 14, 2019
WILLIAMS FAMILY LLC ' YAMAOKA CARRIE TRUSTEE ET AL 19 E Main/7 N First NOD
6028 FERNHILL LOOP 1171 VILLAGE SQUARE DR 17
SPRINGFIELD, OR 97478 ASHLAND, OR 97520
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ASHLAND TREE COMMISSION
PLANNING APPLICATION REVIEW COMMENT SHEET
June 6, 2019
PLANNING ACTION: TREE-2019-00067
SUBJECT PROPERTY: 7 N. First St. (199 E Main)
OWNERIAPPLICANTS: Charles Garland Trustee
DESCRIPTION: A request for a Tree Removal Permit to remove three trees from a
commercial property. The trees requested for removal include; One large Beech tree which is located
between the two buildings (7&11 N 1st 5t). The Beech tree has been examined by an Arborist who states
that the tree is dying and does not have enough foliage to support the tree. The other two trees proposed
for removal are two Columnar Cypress trees located along the eastern side of the building. The Cyprus
trees are mature and healthy measuring approximately 13-inches at the base and stand forty-feet tall. The
base of these trees is approximately 6.5-inches from the edge of the building, and a recent inspection found
that the root structure was "intruding on the foundation of the building."
COMPREHENSIVE PLAN DESIGNATION: Downtown; ZONING: C-1-13; ASSESSOR'S MAP: 39 1 E
09BA; TAX LOT: 10500
The Tree Commission recommends approving the application subject to the following:
1. The applicant shall mitigate the two cyprus trees removal with the off-site provisions as
provided in AMC 18.5.7.050.b.
2. The mitigation plantings shall be planted within one year of the trees being removed.
Department of Community Development Tel: 541488-5350 C I T Y OF
51 an Way l=ax: 541-552-2050
Ashland, , Oregon 97520 TTY: 800 800--7735-2900
ASHLAND
www.ashland.orms
1
I T Y
1 Planning Department, 51 Winburn Way, Ashland, Oregon 97520 C OF
541-488-5305 Fax: 541-552-2055' www.ashland.or.us TTY: 1-80'0-735-2900 S : I 11- A
NOTICE OF APPLICATION
PLANNING ACTION: TREE-2019-00067
SUBJECT PROPERTY: 7 N. First. St. (190 E Main)
OWNERIAPPLICANT: Charles Garland Trustee
DESCRIPTION: A request for a Tree Removal Permit to remove three trees from a commercial property. The trees
requested for removal include; One large Beech tree which is located between the two buildings (7&11 N 1-st St). The
Beech tree has been examined by an Arborist who states that the tree is dying and does not have enough foliage to
support the tree. The other two trees proposed for removal are two Columnar Cypress trees located along the eastern
side of the building. The Cyprus trees are mature and healthy measuring approximately 13-inches at the base and
stand forty-feet tall, The base of these trees is approximately 6.5-inches from the edge of the building, and a recent
inspection found that the root structure was "intruding on the foundation of the building." COMPREHENSIVE PLAN
DESIGNATION., Downtown; ZONING: C-1-C; ASSESSOR'S MAP : 391E0'9BAs TAX LOT: 10500
NOTE: The Ashland Tree Commission will also review this Planning Action on Thursday, June 6, 2019 at 6:00 PM in the Community
Development and Engineering Services building (Siskiyou Room), located at 51 winburn Way.
NOTICE OF COMPLETE APPLICATION: May 21, 2019
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: June 4, 2019
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subje Prop"
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The Ashland Planning Division Staff has received a complete application for the property noted above.
i
Any affected property owner or resident has a right to submit written cortrments to the City of Ashland Planning Division, 51 Winbtirn Way, Ashland,
Oregon 97520 prior to 4:301 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 propeeii~es within 2€70 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 most be made in writing to the Ashland Planning
Division within 12 days from the date of the mailing of final decision. (AMC 18.5.1.050.0)
i 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 tissue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to t.UBA on that criterions. 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 Aaron Anderson in the Ashland Planning Division at 541-488-5305.
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TREE REMOVAL PERMIT
18.5.7,0403
9. 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 18A 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, flaw of surface waters, protection of
adjacent trees, or existing windbreaks.
c. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within
200 feet of the subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been
considered and no reasonable alternative exists to allow the property to be used as permitted in the zone,
d. Nothing in this section shall require that the residential density to be reduced below the permitted density allowed by the zone. In
making this determination, the City may consider alternative site plans or placement of structures of alternate landscaping designs
that would lessen the impact on trees, so long as the alternatives continue to comply with the other provisions of this ordinance,
e. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to section 18.5.7.050. Such
mitigation requirements shall be a condition of approval of the permit.
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AFFIDA'V'IT OF MAILING
STATE OF OREGON }
County of Jackson
The undersigned being first duly sworn states that:
'l, I am employed by the City of Ashland„ 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On May 21, 2019 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 Misted on the attached mailing list at such addresses as set forth on this list
under each person's name for Planning Action #TREE-2019-00067, 7 N First Street1199
Main Street.
.n
Signature of e r `mployee
CAUSerslsnro,thdaAFP9F BDeskWpWF1BA1AT OF P,' IAVEIPPG_dS.docx 5!2112019
TREE-2019-00067 391 E09BD 4400 TREE-2019-00067 391 E09BA 10800 TREE-2019-00067 391 E09BC 600
ASHLAND LODGE #94416 P 0 E ASHLAND VINE LLC BANKE THEODORE HILOIS E
PO BOX 569 2113 EMIGRANT CREEK RD 598 LIT WAY
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
TREE-2019-00067 391E09BA 10300 TREE-2019-00067 391 E09BD 4500 TREE-2019-00067 391 E09BA 10500
BROWN ERIK/NORTH JAMIE CRATER NATL BANK OF MEDFORD GARLAND GERALD G TRUSTEE CIO
15 N 1ST ST IDUSTRY CONSULTING GROUP INC CHARLES GARLAND
ASHLAND, OR 97520 PO BOX 810490 2180 DUNCAN DR
DALLAS, TX 75381 MEDFORD, OR 97504
TREE-2019-00067 391 E09BA 10301 TREE-2019-00067 391 E09BA 10600 2019 00067 391 E09BC 100
KAK LLC KATHERINE M KENNEDY, KEY BANK OF OREGON 1ST AMERICAN TREEMARK-ANTONY 7 HIST 39 PROP LLC
MEMBER TAX VALUATION
132 GREENWAY CIR 183 E MAIN ST 953 EMIGRANT CREEK RD
MEDFORD, OR 97504 ASHLAND, OR 97520 ASHLAND, OR 97520
TREE-2019-00067 391 E09BD 4600 TREE-2019-00067 391 E09SA 80001 TREE-2019-00067 391 E09BD 4700
NEUMAN PROPERTIES & DEV LLC REMINGTON ENTERPRISES INC SAVAGE K LYNNIORELL GAIL E
953 EMIGRANT CREEK RD 645 HOLLY ST 2773 BUSH ST
ASHLAND, OR 97520 ASHLAND, OR 97520 SAN FRANCISCO, CA 94115
TREE-2019-00067 391 E09BC 500 TREE-2019-00067 391 E098A 10900 TREE-2019-00067 391 E09BD 4690
SCHWEIGER JOHN C TRUSTE FBO TEITELBAUM ALBERT TRUSTEE TEITELBAUM JULI F TRUSTEE ET AL
2200 ASHLAND ST 2310 QUAIL POINT CIR 237 ALMOND ST
ASHLAND, OR 97520 MEDFORD, OR 97504 ASHLAND, OR 97520
TREE-2019-00067 391 E09BC 200, TREE-2019-00067 391 E098A 10400 May 21, 2019
WILLIAMS FAMILY LLC YAMAOKA CARRIE TRUSTEE ET AL 19 E Main/7 N First NOC
6028 FERNHILL LOOP 1171 VILLAGE SQUARE DR 17
SPRINGFIELD, OR 97478 ASHLAND, OR 97520
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- ZONING PERMIT APPLICATION
Plalining Division ~
Y V o F 51 Wirub>rr°n Jay, Ashland OR 9752 FILE
AS 11, ND 541-485-5305 Fax 541-488-6006
DESCRIPTION' OF PROJECT Re* V~~j
Of j)'P_AES
DESCRIPTION OF PROPERTY Pursuing LEEDG Certification? n YES IECI,NO
street Address l q C. k 9 1 &wne r
Assessor's Map No. 39 "I E Tax Lot(s) 10 5 00
Zoning I C, Comp Phan Designation
APPLICANT
Name C Carl es G aLv& Phone 5x°1 -4ql -Dail CUM
Address 7,19b LA Vt oaf D-r- City k d4) Yi't Zip `f S z)4
PROPERTY OWNER
Name GeXS~,Ad ICAIP-rie- SM a hone NA E-Mail
`i
Address Q bun ca,_ city t . ~ Zip 93:5e)
SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER
Title Name Phone E-Mal
Address City Zip
Title Name Phone E-Dail
Address City Zip
d 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, l understand that all property pins must be shown an the drawings and visible upon the site inspection, to 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 f 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. R
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 ri r raI lh i r , 1I required to
be m rodat expense i havy doubf ' t am advised to seek competent professional advice and assistance.
Applicant's Signature 6a
As owner of the property involved in this request,. If have read and understood the complete application and its consequences to me as a property
owner.
Property Owner's Signature (required) Date
[To be compleltd by City Stafq
9-n 111() %D J
'
Date Receive, 51d Zoning Permit Type 1t./al Filing Fee
OVER 0*
( :comm-J'eOplanningTorm & Handouls7oninp Permit Applicationdoc
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City of Ashland
Planning Division
51 Winburn Way
Ashland, OR 97520,
Re: Zoning Permit Application for removal of 3 trees
May 9, 2019
To Whom It May Concern,
My name is Charles Garland. I am writing to request a permit to remove 3 trees at
the commercial property located at 199 E. Main Street in Ashland. The property is
on the south-east corner of First and Main Streets, and houses Zoey's Cafe and
Soundpeace. The property is currently titled in the name of my parent's Trust, The
1994 Garland Family Trust. My father, Gerald. Garland, is deceased (8/17/201.5)
and my mother, Cherie Garland, now lives in an Alzheimer's Care facility in Medford.
My sister and I are the Trustee's for the Trust and have Power of Attorney for all
matters related to their trust and will. If necessary I can provide proof of this in
connection with this request.
The three trees we're requesting permission to remove include the following:
1.) One large Beech tree located on the south end of a strip of land behind the
building between 199 E. Main Street and the building at 11 N. First Street. Arborist
Zac Smith from Arborsmith Tree Pros examined the tree on 4/2€1/19 and says it
doesn't have enough living foliage to support the tree and is dying. His email to me
is attached to this request. I have also included pictures of the tree that were taken
on May 8, 2019.
2,) Two large Italian or Columnar Cypress trees located on the Aauth-east corner.df
the building, facing First Street. The two trees have trunks betty" ce n 11-13 inches in
diameter at the base, measure 34-35 inches in circumference and are between 30
and 40 feet tall. The trunks are about 6. inches from the foundation and stucco
wall of the building. The Cypress on the right/east has lifted the concrete slab
between the sidewalk and stairs approximately 2 inches. The foliage of the two
trees is smack up against the building a width of approximately 2 feet from the base
of the wall all the way to the roof line. The trees also drop a lot of foliage on the flat
roof of the building which necessitates cleaning of the roof and drains. I have
included pictures of the two trees taken on May 8, 2019.
The two Columnar Cypress are planted in a planter between the exterior wall of the
building and the sidewalk on First Street. The planter is approximately 36" wide,
with rock bordering the sidewalk to control the soil, which has built up over time.
The trees were there when my parents purchased the building in 1998. They were
1
likely part of a landscaping permit that was granted by the City of Ashland
approximately 30 years ago.
In December of last year, we were advised by a property inspector for Hanover
Insurance Group, our insurance carrier for the building, that the two Columnar
Cypress trees on First Street were "intruding on the foundation of the building" and
lifting the concrete slab at the base of the stairs leading up to the walkway behind
the building. They advised that this presents a trip and fall hazard and that these
two mature trees are deemed a fire hazard when planted so close to a structure.
They still insured the building, but advised that the trees be removed.
If granted permission, we would have a professional tree service remove the three
trees. We would have the two Cypress trees cut off below the soil line. Given
problems with transients behind the building, we would prefer not to replace the
dying Beech tree. If we were asked to replace the two Cypress with something, we
would suggest shrubs, ground cover or a rock scape in place of the trees given the
proximity of this narrow planter to the sidewalk. We are open to your suggestions.
Thank you for your consideration of this request. I look forward to your reply.
Sincerely,
Charlie Garland
2186 Duncan Dr.
Medford, OR 97504
541-499-5767
a1
On Apr 28, 2019„ at 6:53 PM, arborsmithtreepros@gmail.com wrote:
Hey Charlie I was able to go by and take a look at those trees. The beech tree between the two buildings shouldn't be
any problem to remove it's not a hundred percent dead but there's not enough foliage alive on it to support the tree.
So, for the wording for the tree removal! regulations in Ashland we should be able to remove it without a permit. The
two Italian cypress trees on the other hand are healthy and because that area is zoned commercial any tree over a 6
in diameter 4 1/2 feet above the ground requires a permit. I would have to do a certified Arborist report and state
some legitimate reasons why we need those trees removed in order to get the city to approve it. The only real hazard
that I see is possibly the fire hazard of a cypress tree being so close to the building. But from my experience with the
city that won't be enough to get them to Grant the application personally I think they'll recommend that you just
clean some of the Dead out and prune the back from the building as much as possible. The Cypress on the right is
lifting the sidewalk, and I cant help but think its damaging your foundation.
Sent from my Sprint Phone.
Reply message
From: "Charles Garland" <gpcg96@yahoo.com>
To: "arborsmithtreepros@gmall'.com" <arborsmithtreepros@gmail.com>
Subject: Tree removal estimate from Charlie Garland
Date: Fri, Apr 26, 2019 11:45 PM
Great. Thank you Zack.
Charlie
Sent from my i'Pad'
On Apr 25, 2019, at 8.02 AM, "airborsmithtreepres(,?gmail.corm" <arborsmitlitreepros Cc,)gmall.cont> wrote:
Hi Charlie,
I will try to get out there this weekend and shoot you a price. Have a, great dayl
-Zac
Reply message
From: "Charles Garland" <gpcg96@yahoo.com>
To: <arborsmithtreepros@gma l.coin>
Subject: Tree removal estimate from Charlie Garland
Date: Wiled, Apr 24, 2019 5:39 PM
Hi Zack,.
You probably don't remember me. Last year you pruned trees at our
house in Medford for me, as well as a. Plum tree in front of
Zoey's/Soundpeace on the corner of First and Main in ,Ashland.
I was wondering if you could give me an estimate for the removal of 3
trees at the same 199 E. Main Street address in .Ashland? The trees I'm
talking about removing include an apparently dead tree at the east end.
of the building (between the two buildings) in the space where the
trash cans are kept off of First Street. The other two are the very
tall Italian Cypress(?) trees on the southeast corner of the building,
facing bst Street. We've been advised by our insurance company that
the two are "intruding on the foundation" and a fire hazard and a trip
hazard due to the raised concrete slab at the stairs and should be
removed.
If you are able to remove the trees, I'd like the Italian Cypress taken
off at or below ground level. Hopefully you have time to go by sometime
in the next few weeks to look at them and let me know what it would
cost to have them removed. We're not in a big hurry, but I think the
one tree is dead and may be a fire or falling hazard? Let me know what
your think about the 3 trees.
Look forward to hearing from you.
Charlie 541-499-5767
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t City of Ashland
Community Development Department PERMIT NUMBER
51 Winburn Way TREE-2019-00067
. ' Ashland, OR 97520
Apply (Date: 5!1012019
Telephone: 541-488-5305
Inspection Dine: 541-552-2080
Plan Type: Tree Removal
Work Class: Tree Removal Permit Review
Ma Tax Lot Pro a Address
391 E09BA10500 7 N First St
Owner Information Applicant Information
Owner: Garland Trust Applicant: Garland Trust
Owner 2180 Duncan Applicant 2180 Duncan
Address: Medford 97504 Address: Medford 97504
Phone: (541) 499-5767 Phone: (541) 499-5767
Project Description
remove 3 trees
Fees
Fee Description: Amount:
Tree Removal/Verification Fee (Type 1!) $30.00
Jd~Applicant: Date ci
Total Fees: $30.00