HomeMy WebLinkAboutDollarhide_2264_2268_TREE-2019-00084AST m.kND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: PA-TREE-2019-00084
SUBJECT PROPERTIES: 2264/2268 Dollarhide
OWNER/ APPLICANT: East Village HOA
DESCRIPTION: This is a request for a Tree removal permit to remove three mature cottonwood
trees (Populus trichocarpa). The trees are 15.5, 9, and 10 inches DBH and ranging in height between 30-
45 feet. The trees have an extensive root system that has caused damage in the past and is continuing to
cause damage to the adjacent properties patio. The subject property with the three trees is owned by the
HOA and was set -aside as open space for wetland preservation. While the subject parcel has an identified
wetland in it, based on the adopted maps staff determined that these trees are not within the Water
Resource Protection Area.
COMPREHENSIVE PLAN DESIGNATION: Suburban Residential; ZONING: R 1-3.5
MAP: 39 lE 11 CB; TAX LOT: 1041
SUBMITTAL DATE: October 24, 2019
DEEMED COMPLETE DATE: October 25, 2019
STAFF DECISION DATE: November 22, 2019
DEADLINE TO APPEAL (4:30 p.m.): December 4.2019
FINAL DECISION DATE: December 5, 2019
APPROVAL EXPIRATION DATE: June 5, 2021
DECISION
This proposal is to remove three large cottonwood trees from the property addressed as 2268 Dollarhide
Way. The subject property is located on the south side of Dollarhide Way approximately 120-feet east of
Engle St. in the R 1-3.5 zoning district. The property was dedicated as open space / wetland preservation
for the East Village Homeowners Association. The applicant is applying for a hazard tree removal based
on the extensive damage it has caused to the backyard patio area of 2264 Dollarhide Way and potential
root intrusion to the foundation.
The applicant retained Southern Oregon Tree Care, LLC to assess the trees. Mr. Gingg, whom is an ZSA
certified Master Arborist, submitted a report summarizing the location, size, and area of root intrusion to
the adjacent property. Two of the tree trees are located in the south-west corner of the lot, are both
approximately fourty-five feet tall. Tree #1 is 15.5"-DBH and tree #2 is 9"-inches DBH; These trees are
located four feet and eight feet from the boundary line between 2264 & 2268 Dollarhide Way,
respectively. A third tree is closer to the front of the lot is 10-inches DBH and approximately 12-feet to
the east of said boundary line.
While the parcel (tax lot 1041) was set aside for wetland preservation the entire lot is not a wetland. The
adopted Wraps for wetlands shows that at the extreme southern edge of the lot the wetland lies fifteen -feet
to the east; at the northern edge of the lot the wetland area lies almost forty -feet to the east. During a staff
site inspection, it was obvious the trees were located above a pronounced bank that drops down into the,
identified wetland.
The arborist report states that there is evidence of root intrusion as far as thirty -feet west of the boundary
line between 2264 & 2268 Dollarhide Way with many visible sprouts popping up both in the back yard
area and along the foundation of the home. In the past the applicant has pruned these trees root but they
TREE-2019-00084
2264&2268 Dollarhide Wy/aa
Page 1
have continued to cause damage. TL applicant states that in recent years to 1A, spent more than $5,000
repairing damage done to his landscape due to the roots from these trees. The arborist report concludes
that the removal of these trees will not have a significant negative impact on the tree densities, sizes,
canopies, and species diversity within 200-feet of the subject property.
At the Tree Commission's November 7"' meeting the application was reviewed. The applicant and
representatives from the Home Owners Association were present to speak in favor of their application.
After the close of the public portion of the hearing the Tree Commission deliberated and voted
unanimously to recommend approval for the proposed tree removal.
In staff s assessment, due to the extensive damage that has occurred to the applicant's patio area, the tree
removal as proposed fully meets the "tree that is a hazard" criteria.
The criteria for a Tree Removal Permit are described in AMC Chapter 18.5.7.040.B as follows:
1. Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority finds that the application meets 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 (Le., likely to fall
and injure persons or property) or a foreseeable danger of property damage to an existing structure or facility, and such hazard
or danger cannot reasonably be alleviated by treatment, relocation, or pruning. See definition of hazard tree in part 18.6.
b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to section 18.5.7.050. Such -
mitigation requirements shall be a condition of approval of the permit.
Planning Action 4TREE-2019-00084, a request to remove three hazard tree, complies with all applicable
City ordinances with the imposition of the conditions attached below. Therefore, Planning Action #TREE-
2019-00084 is approved. If any one or more of the following conditions are found to be invalid, for any
reason whatsoever, then Planning Action #TREE-2019-00084 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 one (1) mitigation tree, which shall -a native inclined for wetland habitat, shall be planted on
HOA controlled open space within one (1) year of issuance of this decision.
3. That a mitigation tree shall be planted at a minimum of a 11/z-inch caliper consistent with the
requirements of AMC 18.5.7.050.
Molnar,
of Community Development
i1, vz. z +
Date
TREE-2019-00084
2264&2268 Dollarhide wylaa
Page 2
November 22,2019
Notice of Final Decision
On November 22, 2019, the Corninunity Development Director approved the request for the
following:
Planning Action:
Subject Property:
Applicant:
PA-TREE-2019-00084
2264-2268 Dollarhide
East Village IJOA
Description: 'Free removal permit to remove three (3) large mature cottonwood trees
(PoIndits trichocai7_)a). The trees are 15.5, 9, and 10 inches DBH and ranging in height between
30-45 feet. The trees have an extensive root system that has caused damage in the past and is
continuing to cause damage to the adjacent properties patio. The subject property with the three
trees is owned by the HOA and was set -aside as open space for wetland preservation. While the
subject parcel has an identified wetland in it, based on the adopted maps staff determined that
these trees are not within the Water Resource Protection Area,
COMPREHENSIVE PLAN DESIGNATION: Suburban Residential; ZONING: R- 1 -3.5
MAP: 39 1 E I I CB; TAX LOT: 1041
The Community Development Director's decision becomes final and is effective on the l2th day
after the Notice of Final Decision is nailed. 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 prqject
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 band Use Board of Appeals.
If you have any, questions regarding this decision, please contact Aaron Anderson in the
Cc MmLinity Development Department at (541) 488-53,05.
cc: Parties of record and property owners within 200 It
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305
51 Winbum Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.orms
SIECTION 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, aType 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.
I . 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 tile Staff Advisor that a factual error occurred through 110
fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect tile 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 all error occurred Crucial to the decision, the Staff Advisor sliall 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 sliall send notice of the reconsideration decision to affirm, modify, or reverse to ally
party entitled to notice of the planning action,
4. If the Staff Advisor is not satisfied that all 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 aType 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 oil the application to tile
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 require(] 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
bearing or upon subsequent appeal, the fee for the initial hearing shall be refunded.
b. Time for UilingA 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 AI)I)e(d. The notice of appeal shall be accompanied by the required filing fee and shall
contain.
L An identification of the decision being appealed, including the (late of the decision,
iL A statement demonstrating tile person filing the notice of appeal has standing to appeal,
iii. A statement explaining the specific issues being raised oil appeal.
iv. A statement demonstrating that tile 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 oil Type I decisions made by the Staff Advisor shall be de nova hearings before
the Planning Commission. "I'lie appeal shall not be limited to the application materials, evidence and other
documentation, and specific issues raised in the review leading tip 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.
4Appeal Hearing Procedure. Hearings oil appeals of Type I decisions follow the Type 11 public hearing procedures,
pursuant to section 18.5.1.060, subsections A — E, except that the decision of the Planning Commission is the filial
decision of the City on all appeal of a Type I decision, A decision on an appeal is final tile 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,
COMMUNUY DEVELOPMENT DEPARTMENT T0 541ABB-5305
51 Whburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
�yww. ashkin,or, L dis
- . ........ . ...... .
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 November 22, 20191 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 persons name for Planning Action #TREE-2019-00084,
2264-2268 Dol I a rh i de.
Sign tune of Employee
Docww[2110212019
TREE-2019-00084 391 E11 CB 1035 TREE-2019-00084 391 E11 CA 2900 TREE-2019-00084 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
TREE-2019-00084 391 E11 CA 2900 TREE-2019-00084 391 E11 CA 2900
BONNIE B MCLEAN REVOCABLE LIVING BOOTH STEPHEN TRUSTEE ET AL
TRUST / PO BOX 3592
2305 ASHLAND ST STE C252 ASHLAND, OR 97520
ASHLAND, OR 97520
TREE-2019-00084 391El1CA 2900
BUDROE WLLETTE JOSEPHINE
215 TOLMAN CREEK RD 10
ASHLAND, OR 97520
TREE-2019-00084 391E11CA 2761
CAREY RICHARD I ET AL
PO BOX 339
ASHLAND, OR 97520
TREE-2019-00084 391 El CB 1002
CHALMERS RICHARD GARWOOD
TRUSTEE ET AL
2268 ABBOTT AVE
ASHLAND, OR 97520
TREE-2019-00084 391E11CB 1000
BUTLER RENE MIBENITEZ JOHN T JR
3286 INWOOD PL
FAIRFIELD, CA 94534
TREE-2019-00084 391 El CA 2900
CARLSON HEIDI A
215 TOLMAN CREEK RD 6
ASHLAND, OR 97520
TREE-2019-00084 391 E11 CB 1042
CITY OF ASHLAND
NIA
ASHLAND, OR 97520
TREE-2019-00084 391 E11 CB 1100 TREE-2019-00084 391 E11 CA 2900
COOPER GLEN ALLEN TRUSTEE ET AL CZIRBAN JOEY ELLEN
PO BOX 5753 215 TOLMAN CREEK RD 7
SANTA BARBARA, CA 93150 ASHLAND, OR 97520
TREE-2019-00084391E11CB 1006
FORREST ROBERT TROY/HOLLY M
2238 ABBOTT AVE
ASHLAND, OR 97520
TREE-2019-00084 391 E11 CA 2900
GOTAJ DANIEL RICHARD
215 TOLMAN CREEK RD 17
ASHLAND, OR 97520
TREE-2019-00084 391E11CA 2900
HUTMACHER ARDYCE RENEE
215 TOLMAN CREEK RD 13
ASHLAND, OR 97520
TREE-2019-00084 391 E11 CA 2900
JAMES LOWE DEANE TRUST CIO
JAQUELINE DEANE SCHMIDT
1210 GRAND AVE
SAN RAFAEL, CA 94901
TREE-2019-00084 391E11CA 2900
FOSS JUSTIN DAVID
215 TOLMAN CREEK RD 26
ASHLAND, OR 97520
TREE-2019-00084 391 E11 CB 1028
HALLSTEIN UTE A
2240 DOLLARHIDE WAY
ASHLAND, OR 97520
TREE-2019-00084 391E11CA 2900
IRELAND SERENE/KERR MARK J
215 TOLMAN CREEK RD 37
ASHLAND, OR 97520
TREE-2019-00084 391 E11CA 2900
BOSBACH FAMILY TRUST ET AL
215 TOLMAN GREEK RD 14
ASHLAND, OR 97520
TREE-2019-00084 391 E11 CA 2900
CABRERA MAN UEL A ET AL
215 TOLMAN CREEK RD 28
ASHLAND, OR 97520
TREE-2019-00084 391 E11 CB 1005
CARPENTIERI PATRICIA A
2244 ABBOTT AVE
ASHLAND, OR 97520
TREE-2019-00084 391 E11CA 2900
COLE HERB /SALLY
215 TOLMAN CREEK RD 4
ASHLAND, OR 97520
TREE-2019-00084 391 El CB 1024
DANIEL WENDY L TRUSTEE ET AL
PO BOX 3322
ASHLAND, OR 97520
TREE-2019-00084 391E11CA 2900
GILBERT JILL LOUISE
215 TOLMAN CREEK RD 12
ASHLAND, OR 97520
TREE-2019-00084 391Ell CA 2900
HANSON FAMILY TRUST ET AL
215 TOLMAN CREEK RD 31
ASHLAND, OR 97520
TREE-2019-00084 391 E11 CA 2900
JACOB ALEXANDRA FRANCES
215 TOLMAN CREEK RD 15
ASHLAND, OR 97520
TREE-2019-00084 391 E11 CA 2900 TREE-2019-00084 391 E11CB 1031
JEFFERS BILLY DONMELCH CHRISTINA KAUFMAN PROPERTY TRUST ET AL
A 2222 DOLLARHIDE WAY
215 TOLMAN CREEK RD 32 ASHLAND, OR 97520
ASHLAND, OR 97520
TREE-2019-00084 391E11CA 2900 TREE-2019-00084 391E11CB 1007 TREE-2019-00084 391E11CB 1027
KENNEDY BEVERLY D KODWEIS CINDUROBERT KORESKI DAVID J TRUSTEE ET AL
215 TOLMAN CREEK RD 36 1031 W ROSE CIR 125 SOUTHWIND DR
ASHLAND, OR 97520 LOS ALTOS, CA 94024 PLEASANT HILL, CA 94523
TREE-2019-00084 391 E11 CB 1023
LADYBUG PROPERTIES LLC
PO BOX 1359
ASHLAND, OR 97520
TREE-2019-00084 391 El CB 1016
LEONARD PATRICIA A
74 RIDGECREST DR
KLAMATH FALLS, OR 97601
TREE-2019-00084 391 El CA 2900 TREE-2019-00084 391 E11CA 2900
LANE LINDA JOYCE CIO LINDA JOYCE LARSEN DEBBIE J
DURANGE 215 TOLMAN CREEK RD 11
215 TOLMAN CREEK RD 33 ASHLAND, OR 97520
ASHLAND, OR 97520
TREE-2019-00084 391 E 11 CB 1030
LININGTON PETER S TRUSTEE ET AL
2228 DOLLARHIDE WAY
ASHLAND, OR 97520
TREE-2019-00084 391 E11 CA 2900 TREE-2019-00084 391 E11 CA 2900
MENEFEE LEONORA C HOLLINSWORTH MILLER SHERI ANN 1 JAMES LEE
CRAIG AGENT 215 TOLMAN CREEK RD 1
215 TOLMAN CREEK RD 21 ASHLAND, OR 97520
ASHLAND, OR 97520
TREE-2019-00084 391E11CA 2900
NELKE MARY
215 TOLMAN CREEK RD 25
ASHLAND, OR 97520
TREE-2019-00084 391 E11 CB 1029
REID THOMAS T ET AL
918 WALKER AVE
ASHLAND, OR 97520
TREE-2019-00084 391 E11 CA 2900
RYAN CHARLES R /MELISSA
215 TOLMAN CREEK RD 29
ASHLAND, OR 97520
TREE-2019-00084 391E11CB 1022
SHERCKJOHN
PO BOX 921
LOS GATOS, CA 95031
TREE-2019-00084 391 E11 CB 1019
OONO STEVEN Y ET AL
3263113TH AVE SE
BELLEVUE, WA 98004
TREE-2019-00084 391E11CB 1017
REID THOMAS TIHANNA MARILYN J
918 WALKER AVE
ASHLAND, OR 97520
TREE-2019-00084 391 El CB 1021
SCHWARZER PETE
2257 DOLLARHIDE WAY
ASHLAND, OR 97520
TREE-2019-00084 391 E11 CA 2900
SMILO SHERRY
2305 ASHLAND ST 281
ASHLAND, OR 97520
TREE-2019-00084 391E11CA 2900 TREE-2019-00084 391E11CA 2900
THE CAROLINE GRANAT REV TRUST ET THIRING DONALD C
AL PO BOX 3556
2305C ASHLAND ST 198 ASHLAND, OR 97520
ASHLAND, OR 97520
TREE-2019-00084 391 E11 CA 2900 TREE-2019-00084 391 E11 CA 2900
TOLMAN CREEK PARK LLC CIO COOPER TRAVALLEE DANIEL
DENNIS K 215 TOLMAN CREEK RD 23
1182 TIMBERLINE TER ASHLAND, OR 97520
ASHLAND, OR 97520
TREE-2019-00084 391E11CA 2900
LULL SUMMER ELIZABETH
215 TOLMAN CREEK RD 8
ASHLAND, OR 97520
TREE-2019-00084 391 E11 CA 2900
MURPHY THOMAS /HUBERTA
215 TOLMAN CREEK RD 34
ASHLAND, OR 97520
TREE-2019-00084 391 E11 CB 1004
PRESKENIS SHERI L
2256 ABBOTT AVE
ASHLAND, OR 97520
TREE-2019-00084 391 E11 CA 2900
RHAMEY RAYMOND R /SARAH S
215 TOLMAN CREEK RD 9
ASHLAND, OR 97520
TREE-2019-00084 391 E11 CA 2900
SEROPIAN ARA GREGORY ET AL
3810 LEAHI AVE 109
HONOLULU, HI 96815
TREE-2019-00084 391E11CB 1026
STAPENHORST FRED V TRUSTEE ET AL
2258 DOLLARHIDE WAY
ASHLAND, OR 97520
TREE-2019-00084 391E11CA 2900
THUNDERCLOUD SOPHIA
215 TOLMAN CREEK RD 19
ASHLAND, OR 97520
TREE-2019-00084 391El1CA 2900
VALINE ROBERT ARTHUR
215 TOLMAN CREEK RD 2
ASHLAND, OR 97520
TREE-2019-00084 391E11CB 1001 TREE-2019-00084 391E11CB 1003 TREE-2019-00084 391E11CB 1020
VINTAGE GROUP INC WALLECH THOMAS TRUSTEE ET AL WALLECH THOMAS TRUSTEE ET AL
2784 SISKIYOU BLVD PO BOX 4953 PO BOX 4953
ASHLAND, OR 97520 SONORA, CA 95370 SONORA, CA 95370
TREE-2019-00084 391 El CB 1018
WERNER MARY D
2233 DOLLARHIDE WAY
ASHLAND, OR 97520
TREE-2019-00084 391 E11 CA 2900
WIGHT DAVID EDWARD
215 TOLMAN CREEK RD 20
ASHLAND, OR 97520
TREE-2019-00084 391 E11 CA 2760 TREE-2019-00084
WOODS JOYCE A REV LIV TRUST ET AL SOUTHERN OREGON TREE CARE
PO BOX 891 WILLIE GINGG
ASHLAND, OR 97520 PO BOX 5140
CENTRAL POINT, OR 97502
2264-2268 Dollarhide
11/22/2019 NOD
69
TREE-2019-00084 391 E11 CA 2900
WINNER MELVIN RAY
215 TOLMAN CREEK RD 22
ASHLAND, OR 97520
TREE-2019-00084
EAST VILLAGE HOA ELLEN FOWLER
2264 DOLLARHIDE WAY
ASHLAND, OR 97520
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PLANNING ACTION: PA-TREE-2019-00084
SUBJECT PROPERTIES: 2264/2268 Dollarhide
OWNER/ APPLICANT: East Village HOA
DESCRIPTION: This is a request for a Tree removal permit to remove three (3) large
mature cottonwood trees {Populus trichocarpa}. The trees are 15.5, 9, and 10 inches DBH and ranging in
height between 30-45 feet. The trees have an extensive root system that has caused damage in the past
and is continuing to cause damage to the adjacent properties patio. The subject property with the three
trees is owned by the HOA and was set -aside as open space for wetland preservation. While the subject
parcel has an identified wetland in it, based on the adopted maps staff determined that these trees are not
within the Water Resource Protection Area.
COMPREHENSIVE PLAN DESIGNATION: Suburban Residential; ZONING: R-1-3.5
MAP: 39 1 E 11 CB; TAX LOT: 1041
The Tree Commission recommends approving the application subject to the following:
1. That at least one of the trees be mitigated with a native tree appropriate for wetlands
Department of Community Development Tel: 541488-5350 CITY OF
Winbum Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900 AS H LA N D
NN-%Nir.asbland.or.us
Planning Department, 51 Winburn ) Way, Ashland, Oregon 97520 CITY OF
OFF 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 -ASHLAND
11OTICE OF APPLICATION
PLANNING ACTION: TREE-2019-00084
SUBJECT PROPERTY: 226412268 Dollarhide Way
OWNER/APPLICANT: East Village HOA
DESCRIPTION: This is a request for a Tree removal permit to remove three (3) large mature cottonwood trees
(Populus trichocarpa), The trees are 15,5, 9, and 10 inches DBH and ranging in height between 30-45 feet, The
trees have an extensive root system that has caused damage in the past and is continuing to cause damage to the
adjacent properties patio. The, subject property with the three trees is owned by the HOA and was set -aside as
open space for wetland preservation. While the subject parcel has an identified wetland in it, based on the adopted
maps staff determined that these trees are not within the Water Resource Protection Area, COMPREHENSIVE
PLAN DESIGNATION: Suburban Residential; ZONING: R-1-3.5; ASSESSOR'S MAP 391E11CB; TAX LOT:
1041
NOTE: The Ashland Tree Commission will also review this Planning Action on Thursday, November 7, 2019 at 6:00 PM in the Community
Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way.
I$]:
f_'J a] I Ig Imm acill -.1 Lill 6-vj Loll, L01 glin a 1 a 1:4k, RIK*] ITI I kilm
November 12, 2019
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 19.5.1.050.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 Wiinburn Way,
Ashland, Oregon 97520.
If you have questions or comments concerning this request, please feel free to contact Aaron Anderson at 541-488-5305.
(;:\coititii-dev\plaiiiiingT]aniiing Actions\Noking IDiderWailed Notices Signs\2019%'I'Ikf,,F,.-2019-00084 2264-2268 DollaThMe.decx
TREE REMOVAL PERMIT
18.5.7.040.B
1, made M?zarri Troo. 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 .... ......... "'-io - 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 1M.
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 Viat 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.
G:\conundev\plann'ngTlanning ActionsWolicing FoTdcr\Niailed Notices & Signs\2019kTRr.E-2011)-0,0084_2264-2268.'rD,ollarhide.doc.\*
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 October 29, 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-2019-00084, 2264/2268 Dollarhide
-y'—w—
Sig , nature of Employee
CAUseNsnVthda AFN'HEADesklop'AFFIDAVIT OF MPLING ds.dax 1 012912019
TREE-2019-00084 391 E11 CB 1035 TREE-2019-00084 391 E11 CA 2900 TREE-2019-00084 391 E11 CB 1025
ACCESS ALRICK DAVID J EAST VILLAGE HOA
PO BOX 4666 PO BOX 3042 ANDERSON ELLEN
MEDFORD, OR 97501 ASHLAND, OR 97520 2264 DOLLARHIDE WAY
ASHLAND, OR 97520
TREE-2019-00084 391 E11 CA 2900 TREE-2019-00084 391 E11 CA 2900 TREE-2019-00084 391 E11 CA 2900
BONNIE MCLEAN REV LVG TRT BOOTH STEPHEN TRUSTEE BOSBACH FAMILY TRUST
PO BOX 10826 PO BOX 3592 215 TOLMAN CREEK RD 14
PORTLAND, OR 97296 ASHLAND, OR 97520 ASHLAND, OR 97520
TREE-2019-00084 391 E11 CA 2900 TREE-2019-00084 391 El CB 1000 TREE-2019-00084 391 E11 CA 2900
BUDROE WILLETTE JOSEPHINE BUTLER RENEIBENITEZ JOHN CABRERA MANUEL ET AL
215 TOLMAN CREEK RD 10 3286 INWOOD PL 215 TOLMAN CREEK RD 28
ASHLAND, OR 97520 FAIRFIELD, CA 94534 ASHLAND, OR 97520
TREE-2019-00084 391 E11 CA 2761 TREE-2019-00084 391 E11 CA 2900 TREE-2019-00084 391 EI I CB 1005
CAREY RICHARD ET AL CARLSON HEIDI CARPENTIERI PATRICIA
PO BOX 339 215 TOLMAN CREEK RD 6 2244 ABBOTT AVE
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
TREE-2019-00084 391 E11CB 1002 TREE-2019-00084 391 E11 CA 2900 TREE-2019-00084 391 E11CB 1100
CHALMERS RICHARD GARWOOD COLE HERBISALLY COOPER GLEN ALLEN TTEE
TRUSTEE ET AL 215 TOLMAN CREEK RD 4 PO BOX 5753
2268 ABBOTT AVE ASHLAND, OR 97520 SANTA BARBARA, CA 93150
ASHLAND, OR 97520
TREE-2019-00084 391 El ICA 2900 TREE-2019-00084 391 El ICB 1024 TREE-2019-00084 391 El 1 CB1006
CZIRBAN JOEY ELLEN DANIEL WENDY TTEE ET AL FORREST ROBERT T/HOLLY
215 TOLMAN CREEK RD 7 PO BOX 3322 2238 ABBOTT AVE
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
TREE-2019-00084 391El1CA 2760 TREE-2019-00084 391ElICA 2900 TREE-2019-00084 391E11CA 2900
WOODS JOYCE REV LIV TRT FOSS JUSTIN DAVID GILBERT JILL LOUISE
PO BOX 891 215 TOLMAN CREEK RD 26 215 TOLMAN CREEK RD 12
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
TREE-2019-00084 391 El CA 2900 TREE-2019-00084 391 El CB 1028 TREE-2019-00084 391 EI I CA 2900
GOTAJ DANIEL RICHARD HALLSTEIN UTE A HANSON FAMILY TT ET AL
215 TOLMAN CREEK RD 17 2240 DOLLARHIDE WAY 215 TOLMAN CREEK RD 31
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
TREE-2019-00084 391 E11CA 2900 TREE-2019-00084 391 E11CA 2900 TREE-2019-00084 391 El CA 2900
HUTMACHER ARDYCE RENEE IRELAND SERENEIKERR MARK JACOB ALEXANDRA FRANCES
215 TOLMAN CREEK RD 13 215 TOLMAN CREEK RD 37 215 TOLMAN CREEK RD 15
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
TREE-2019-00084 391 E11 CA 2900 TREE-2019-00084 391 E11 CA 2900 TREE-2019-00084 391 E11 CB 1031
JAMES LOWE DEANE TRUST JEFFERS BILLY DON & KAUFMAN PROPERTY TT ET AL
CIO J DEANE SCHMIDT WELCH CHRISTINA 2222 DOLLARHIDE WAY
1210 GRAND AVE 215 TOLMAN CREEK RD 32 ASHLAND, OR 97520
SAN RAFAEL, CA 94901 ASHLAND, OR 97520
TREE-2019-00084 391 E11 CA 2900 TREE-2019-00084 391 E11 CB 1007 TREE-2019-00084 391 El CB 1027
KENNEDY BEVERLY D KODWEIS CINDIIROBERT KORESKI DAVID TTEE ET AL
215 TOLMAN CREEK RD 36 1031 W ROSE CIR 125 SOUTHWIND DR
ASHLAND, OR 97520 LOS ALTOS, CA 94024 PLEASANT HILL, CA 94523
TREE-2019-00084 391E11CB 1023
LADYBUG PROPERTIES LLC
PO BOX 1359
ASHLAND, OR 97520
TREE-2019-00084 391EIICB 1016
LEONARD PATRICIA A
74 RIDGECREST DR
KLAMATH FALLS, OR 97601
TREE-2019-00084 391E11CA 2900
MENEFEE LEONORA
HOLLINSWORTH CRAIG AGENT
215 TOLMAN CREEK RD 21
ASHLAND, OR 97520
TREE-2019-00084 391E1ICA 2900
NELKE MARY
215 TOLMAN CREEK RD 25
ASHLAND, OR 97520
TREE-2019-00084 391 E11 CB 1029
REID THOMASIHANNA MARILYN
918 WALKER AVE
ASHLAND, OR 97520
TREE-2019-00084 391 E11 CB 1021
SCHWARZER PETE
2257 DOLLARHIDE WAY
ASHLAND, OR 97520
TREE-2019-00084 391 El ICA 2900
SMILO SHERRY
2305 ASHLAND ST 281
ASHLAND, OR 97520
TREE-2019-00084 391 E11 CA 2900
THIRING DONALD C
PO BOX 3556
ASHLAND, OR 97520
TREE-2019-00084 391 E11 CA 2900
LANE LINDA JOYCE
C/O LINDA JOYCE DURANGE
215 TOLMAN CREEK RD 33
ASHLAND, OR 97520
TREE-2019-00084 391 El CB 1030
LININGTON PETER S TTEE
2228 DOLLARHIDE WAY
ASHLAND, OR 97520
TREE-2019-00084 391 E1ICA 2900
MILLER SHERI ANNIJAMES LEE
215 TOLMAN CREEK RD 1
ASHLAND, OR 97520
TREE-2019-00084 391 E11 CB 1019
OONO STEVEN ET AL
3263113TH AVE SE
BELLEVUE, WA 98004
TREE-2019-00084 391EI ICA 2900
RHAMEY RAYMOND/SARAH
215 TOLMAN CREEK RD 9
ASHLAND, OR 97520
TREE-2019-00084 391 E11 CA 2900
SEROPIAN ARA GREGORY
3810 LEAHI AVE 109
HONOLULU, HI 96815
TREE-2019-00084 391 E11 CB 1026
STAPENHORST FRED TTEE
2258 DOLLARHIDE WAY
ASHLAND, OR 97520
TREE-2019-00084 391 El CA 2900
THUNDERCLOUD SOPHIA
215 TOLMAN CREEK RD 19
ASHLAND, OR 97520
TREE-2019-00084 391 E1ICA 2900
LARSEN DEBBIE J
215 TOLMAN CREEK RD 11
ASHLAND, OR 97520
TREE-2019-00084 391E11CA 2900
LULL SUMMER ELIZABETH
215 TOLMAN CREEK RD 8
ASHLAND, OR 97520
TREE-2019-00084 391 El ICA 2900
MURPHY THOMAS /HUBERTA
215 TOLMAN CREEK RD 34
ASHLAND, OR 97520
TREE-2019-00084 391 E11 CB 1004
PRESKENIS SHERI
2256 ABBOTT AVE
ASHLAND, OR 97520
TREE-2019-00084 391E1ICA 2900
RYAN CHARLESIMELISSA
215 TOLMAN CREEK RD 29
ASHLAND, OR 97520
TREE-2019-00084 391E11C131022
SHERCKJOHN
PO BOX 921
LOS GATOS, CA 95031
TREE-2019-00084 391 E1ICA 2900
THE CAROLINE GRANAT TRUST
2305C ASHLAND ST 198
ASHLAND, OR 97520
TREE-2019-00084 391E11CA 2900
TOLMAN CREEK PARK LLC
CIO COOPER DENNIS
1182 TIMBERLINE TER
ASHLAND, OR 97520
TREE-2019-00084 391 E11 CA 2900 TREE-2019-00084 391 E11 CA 2900 TREE-2019-00084 391 E11 CB 1001
TRAVALLEE DANIEL VALINE ROBERT ARTHUR VINTAGE GROUP INC
215 TOLMAN CREEK RD 23 215 TOLMAN CREEK RD 2 2784 SISKIYOU BLVD
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
TREE-2019-00084 391 E11CB 1003 TREE-2019-00084 391 El CB 1018 TREE-2019-00084 391 E11CA 2900
WALLECH THOMAS TTEE WERNER MARY D WIGHT DAVID EDWARD
PO BOX 4953 2233 DOLLARHIDE WAY 215 TOLMAN CREEK RD 20
SONORA, CA 95370 ASHLAND, OR 97520 ASHLAND, OR 97520
TREE-2019-00084 391 El CA 2900
WINNER MELVIN RAY
215 TOLMAN CREEK RD 22
ASHLAND, OR 97520
October 29, 2019
2264 & 2268 Dollarhide NOG
65
TREE-2019-00084
SOUTHERN OREGON TREE CARE
WILLIE GINGG
PO BOX 5140
CENTRAL POINT, OR 97502
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Subject Property
2268 Dollarhide Way
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50 25 0 50 100 ISO 200 A# features, structures, facifilies, easement or roadway
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0 15 30 60 90 120 6. 6. Feet should be independently field verified for existence a nd1'laocionatiso n. ASHLAND
Feet 1:600
p rma'l
lffl�llis Planning Division
Of 51 Winburn Way, Ashland OR 97520
ASHLAND 1,11-111-5305 Fax 541-488-6006
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DESCRIPTION OF PROPERTY0 J 1,
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Street Address /_.. ('I
FILE
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Pursuing LEED@ 0NO Certification? DYES ,
Assessor's Map No. 39 1E 0(116 Tax Lot(s) i Q-1 1
Zoning Comp Plan Designation
APPLICANT
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Name
'1l),f(Tl
Phone ZZ6 %Z'ir' ��-Mail
/�
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Acldress,;,,
city
Zip
PROPERTY OWNER
Phone -Mail
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city
Zip
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E-Mail �,')JTLCCCL.L��)
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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. I understand that all property pins must be shown an 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 I 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 gg
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 11"n"I CoffarE 01reyblhn"9required to
be removed at my expense. If I have any doubts, I am advised to seek competent professional advice and assistance
C 1,111 0 ("'T '1,� J
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Applicant'i'Sig nature' Date
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As owner of the property involved in this request, I have read and understood the complete application and its consequences tome as a property
Property Own6r's Sign
Date
ffo be compleled by Offy Staill 'I
Date Received I r-% IV-1 I zoning Permit Typel�, �Mo
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SOUTHERN OREGON
TREE CARE, LLC '71''n`
Manammm
Sotreecare.com
PO Box 5140 Central Point, OR 97502
Prepared For
m
Willie Gingg
ASCA Consulting Arborist
PNW ISA f ied Tree Risk Assessor #1166
NMI
October 10, 2019 F(f
R E C E
VT cl) "I
Of
2264 Dolladlide Cottonwood -I JYN J Willie Gingg, BCMA
I met Mr. Dennis Read at 2264 Dollarhide way in Ashland, Oregon, regarding some black
cottonwood (Polmhts trichocatpa) near his property. These trees have been an issue in the past
and again they are causing problems. First two trees are near the back comer of his lot. The
nearest (tree 1) is 15.5" DISH (diameter at breast height) four feet from his fence and 45, feet tall.
The second tree (tree 2) is - nine ,itiches DB,I-,I,,,,, 45 feet tall and eight feet from his fence. These two
trees have roots protruding 30 feet into his 35-foot-wide back yard. There are seven sprouts
popping into the back yard, many more he has chopped out, many visible surface roots, an area
of pavers that is being heaved tip by roots as well as roots running right next to his back porch
concrete stab. He has spent over $5,000.00 in the past having his yard re -landscaped on two
different occasions and now because of this root intrusion he is again seeking professional help
to get his yard back in a condition where he can enjoy it. The nearest tree was side pruned 2
years ago to remove overhanging limbs after the request to remove it was denied by the city, this
tree has grown back into the yard again and will need another round of pruning soon to maintain
clearance. There is another cottonwood (tree 3) near the front corner of the home he is concerned
about as well. This tree is 10 inches DBH and 12 feet from the home and has sprouts popping tip
right beside the foundation which is concerning him due to the possibility of roots under the
home that could possibly cause structural damage.
My assignment was to write a letter seeking permission to remove these trees due to the constant
nuisance and expense as well as the future potential for damage as documented in the previous
report reviewed by the Ashland tree commission January 4" 2018. This previous report was
written tinder the assumption that these trees were within the wetland area. I was given a page
from the clients that a city employee had drawn the wetland area on (exhibit A) and I added the
approximate locations of trees 1, 2 and 3 showing that they are clearly outside of this area.
Removal of these trees will not have a significant negative impact on erosion, soil stability, flow
of surface waters, protection of adjacent trees, or existing windbreaks. Removal of these trees
will not have a significant negative impact on the tree densities, sizes, canopies, and species
diversity within 200 feet of the subject property. I believe the denial of the first request was
likely influenced heavily by the assumption that these trees were within this riparian zone and
with this new knowledge, the docurnented frequency and continual expense of both pruning and
re -landscaping I request the cities approval in removing these trees. Please feel free to contact me
with any questions you may have regarding this issue.
Willie Gingg
11110,
Southern Oregon Tree Care, Llc
R C Ei:"' 11, V Room
LS.X Board Certified Master Arbofist
Sign Date OCA-1. 10120�'A
I of 2
2264 Dollarhide Cottonwood-] )/19
Willie Gingg, BCMA
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City of Ashland
Community Development Department
51 Winburn Way
Ashland, OR 97520
Telephone: 541-488-5305
Inspection Line: 541-552-2080
Plan Type: Tree Removal
Work Class: Tree Removal Permit Review
PERMIT NUMBER
TREE-2019-00084
Apply Date: 30/24720i9
Map & Tax Lot
_ .: pro a Address
391E11CB1041
Owner Infornnatian
Applicant In€ornia#ion
Owner: East Village HOA
Applicant: Ellen Fowler
Owner 2264 Dollarhide Wy
Applicant 2264 Dollarhide Wy
Address: Ashland, OR 97520
Address: Ashland, OR 97520
Phone: (614) 296-1444
Phone: (614) 296-1444
Project Description
Removal of 3 cottonwood trees in wetland area, HOA owned.
Attached to parcel.
Fees
Fee Descriptions:
Amount:
Tree RemovalNerification Fee (Type I)
$30.50
Applicant: Date:
Total Fees: �� $30.50