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Home My WebLink AboutPlacer_Run_525_PA_TREE-2020-00105May 19,2020 Notice of Final Decision On May 19, 2020 the Community Development Director approved the request for the following: Planning Action: TREE-2020-00105 Subject Property: 525 Placer Run Applicant: Josh Neale and Stefanie Ogawa Description: A request a tree removal permit to remove an approximately 24"' Pine from a vacant lot. 'I'he tree is centrally located in the lot and prevents the applicant from building their home within the established building envelope, The applicant has also provided information from their tree professional stating that the tree is in decline. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: RR-.5; MAP: 39 1E 08 BA; TAX LOT- 909 'fhe 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 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(U). 'fhc ALUO sections covering reconsideration and appeal procedures are attached. I'lic 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: 541A88-5305 51 Winbum Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 %v%v w, a sh hin d . 0 r. u s Ma -11"....''. . ........ ... — SECTION 18.5.1.0�50 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 nlay reconsider aType 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 el-1-01- Occurred through 110 fault of the party asking for reconsideration, which in tile opinion of the Staff Advisor, might affect the decision. Reconsideration requests are limited to factual errors and not the failure of ail issue to be raised by letter or evidence during the opportunity to provide public input oil 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 tile notice of decision. The Staff Advisor shall decide within three days whether to reconsider the matter. 3. If the Staff Advisor is satisfied that ,in 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, niodity, 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 ail 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. Q Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following: 1, Who May Appeal. Tile following persons have standing to appeal aType I decision. a. Tile 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 .050.13. c. Any other person who participated in the proceeding by submitting written comments on the application to, tile City by the specified deadline. 2, Appeal Filing ProcedIll-C. a. Notice Qf Aj)peal. Any person with standing to appeal, as provided in subsection 18.5.1.050.G. 1, above, may appeal aType 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. Tine for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of tile; date the notice of decision is mailed. c. Contew ofNolice QfIllipeal. The notice of appeal shall be accompanied by the required filing fee and shall contain. i. Ali 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 oil 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. 1 Scope of Appeal. Appeal hearings onType 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, 'file Commission may allow additional evidence, testimony, or argument concerning any relevant ordinance provision. 4. Appeal Hearing Procedure, Hearings oil appeals of Type I decisions follow tile 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 final decision of tile City oil ail appeal of a Type I decision. A decision oil an appeal is final the date the City mails tile adopted and signed decision. Appeals of Commission decisions must be filed Nvith the State Land Use Board of Appeals, pursuant to ORS 197.805 - 197.860. COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541A88-5305 51 Winbu rn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA-TREE-2020-00105 SUBJECT PROPERTY: 525 Placer Run APPLICANT/OWNER: Josh Neale and Stefanie Ogawa DESCRIPTION: A request a tree removal permit to remove an approximately 24" Pine from a vacant lot. The tree is centrally located in the lot and prevents the applicant from building their home within the established building envelope. The applicant has also provided information from their tree professional stating that the tree is in decline. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: RR-.5; MAP: 39 lE 08 BA; TAX LOT: 909 SUBMITTAL DATE: April 23, 2020 DEEMED COMPLETE DATE: April 29, 2020 STAFF DECISION DATE: May 19, 2020 DEADLINE TO APPEAL (4:30 p.m.): June 1, 2020 FINAL DECISION DATE: June 2, 2020 APPROVAL EXPIRATION DATE: December 2, 2021 DECISION This proposal is to remove one large tree that is believed to be a Pine from the property at 525 Placer Run. The tree is estimated to be approximately 25" DBH and an unknown height. The tree is centrally located within the building envelope that was established at the time when Westwood Subdivision was subdivided in 1996. A tree removal permit is required because the tree is significant, and the property is currently vacant (see: AMC 18.5.7.020.B.3) The application materials included a letter from Brierville Fire & Forestry who is acting as the project arborist. The letter said in part that: "The tree in question (see photo's) is wounded and presents a hazard to a structure being built anywhere within its fall radius. As you will see in the photo, the primary trunk contains a rotten hollow approximately 30 feet up. In addition, this tree has duel (two) tops making it even more vulnerable and likely to fail in the event of a heavy windstorm. Even more notably, the tree is ant infested which increases the likelihood of failure at the danger points mentioned." The photos included with the application showed the both the split top, and the rotten hollow area where there is visible evidence of infestation. They conclude that removal of the tree is `strongly recommended.' The subject property is located on the south side of Placer Run and is 0.67 acres in size. The property is currently vacant, but the applicant intends to build a new single-family home soon. Based on the height of the tree and the finding by the project arborist that the tree presents a hazard for any structure within the fall radius of the tree nearly the entire lot is affected. The applicant's narrative explains the location, and hazard presented by this tree requires its removal. During the public comment period the property owners at 121 Westwood contacted the Community Development Department to express their support for the application. They expressed concern that the TREE-2020-00105 525 Placer Run/aa Page 1 tree represented a fire hazard to their community and voiced their support in favor of approval of the application. Due to the Corona virus and the city's emergency declaration none of the advisory commissions have been meeting including the Tree Commission, as such, there is no recommendation from the Tree Commission. However, the Staff Advisor reviewed the application materials and determined that the proposed tree removal is consistent with the criteria for a hazard tree removal. 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. AMC 18.6.1.030 Hazard Tree. A hazard tree is a tree that is physically damaged to the degree that it is clear the tree is likely to fall and injure persons or property. A hazard tree may also include a tree that is located within a public right of way and is causing damage to existing public or private facilities or services and such facilities or services cannot be relocated. Planning Action #TREE-2020-00105, a request to remove one hazard tree, complies with all applicable City ordinances with the imposition of the conditions attached below. Therefore, Planning Action #TREE- 2020-00105 is approved. If any one or more of the following conditions are found to be invalid, for any reason whatsoever, then Planning Action #TREE-2020-00105 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 be a large stature tree at maturity, shall be planted on site within one (1) year of issuance of this decision. 3. That the mitigation tree shall be a minimum of a 11/z-inch caliper consistent with the requirements of AMC 18.5.7.050. Bill Molnar, Director Department of Community Development May _19, 2020 Date TREE-2020-00105 525 Placer Run/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 May 19, 2020 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 the Planning Action #TREE-2020-00105, 525 Placer Run. (�m M dwi) Signat e of Employee C:1UsersVrappr DesldoplTemplalesWFIDAVIT OF MALING Regan.docx 5119I2020 A�VERY�, 5166" Easy ee - ress La0els Uo to avery.com/templateS Bend along line to expose Pop-up Edge' Use Avery TIL emplate 5160 t BROADBENT CLARK ET AL 149 WESTWOOD ST ASHLAND, OR 97520 TREE-2020-00105 391 E08BA902 DEBOER JEFFREY B TRUSTEE ET A 4096 SPRING KNOLL DR EUGENE, OR 97405 SCHULMAN CHARLES TRUSTEE ET A 135 WESTWOOD ST ASHLAND, OR 97520 TREE-2020-00105 391 E08BA907 FELT DONALD K TRUSTEE ET AL PO BOX 309 ASHLAND, OR 97520 TREE-2020-00105 391E08BA909 TREE-2020-00105 391E08BA910 NEALE ,JOSH ET AUSTEPHANIE OGAWA HAILAND JEFFRESS B ET AL 763 B ST 38 WILLOW HILL RD ASHLAND, OR 97520 SAINT LOUIS, MO 63124 TREE-2020-00105 391EOBBA903 DUKES ERICIMELISSA 520 PLACER RUN ASHLAND, OR 97520 TREE-2020-00105 391 E08BA906 DYGERT TIMO NIILO/DIAZ-DYGERT 115 WESTWOOD ST ASHLAND, OR 97520 TREE-2020-00105 391 E08BA904 DANIS VIRGINIA 120 WESTWOOD ST ASHLAND, OR 97520 TREE-2020-00105 391 E08BA910 HAILAND JEFFRESS B ET AL 38 WILLOW HILL RD SAINT LOUIS, MO 63124 AITKEN GREGORY EICHE/SARAH E 130 WESTWOOD ST ASHLAND, OR 97520 TREE-2020-00105 391 EOBBA908 FIERRO EDWARD JOSEPH TRUSTEE 121 WESTWOOD ST ASHLAND, OR 97520 TREE-2020-00105 391 E08BD106 WELDER JEFFREY DAVID/ALICIA L 98 WESTWOOD ST ASHLAND, OR 97520 TREE-2020-00105 391 E08BA905 KOVACICH MICHAEUSUSAN F 110 WESTWOOD ST ASHLAND, OR 97520 TREE-2020-00105 391 E08BA1000 DUKES ERIC N ET AL 520 PLACER RUN ASHLAND, OR 97520 TREE-2020-00105 5.19.2020 STEVE ASHER 525 Placer Run 1068 ELKADER NOD ASHLAND, OR 97520 16 Allen A avery.ca/gabarits 1, Utilisez to Gabarit Avery 5160 1 71 CL 4D ch a CL r - �® } �� \ \ , A J OF F—Weiiiii.." Planning Department, 51 Winbunn Way, Ashland, Oregon 97520 CITY IF 541-488-5305 Fax: 541-552-2050 www.ashland,or.us TTY: 1-800-735-2900 -ASHLAND --VOTICE OF APPLICATION PLANNING ACTION: PA-TREE-2020-00105 SUBJECT PROPERTY: 525 Placer Run OWNER/APPLICANT: Josh Neale and Stefanie Ogawa DESCRIPTION-, A request a tree removal permit to remove an approximately 24" Pine from a vacant lot, The tree is centrally located in the lot and prevents the applicant from building their home within the established building envelope, The applicant has also provided information from their tree professional stating that the tree is in decline. COMPREHENSIVE PLAN DESIGNATION. Single Family Residential; ZONING: RR-,5; ASSESSOR'S MAP #: 391 E0813A; TAX LOT: 909 NOTICE OF COMPLETE APPLICATION: April 30, 2020 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: May 14, 202f Subject Property 525 Placer Run PA-TREE-2020-00105 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 cornments to the City of Ashland Planning Division, S1 Winburn Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above. Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal, Upon determination of completeness, a notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staffs decision must be made in writing to the Ashland Planning Division within 12 days from the date of the rnafling 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 Buiiding, 51 Winburn Way, Ashland, Oregon 97520. If you have questions or comments concerning this request, please feel free to contact Aaron Anderson at 541-488-5305, TREE REMOVAL PERMIT 18.5.7.040.13 f, 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 i;;"n"na`d`e'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 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, rree rhat 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 ........ .... - -1 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 A 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. C \UserAsmilfid 0uflookWP634ZS9\ 1kFF-2020-00105.docx 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 April 29, 2020 i 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-2020-00105, 525 Placer Run. Signature of Employee C.Wserstsmothda AFNHRDeskIopWFI0AVIT OF F.WLING—ds.dou 42912020 PA-TREE-2020-00105 391 E08BA901 AITKEN GREGORY EICHEISARAH EAITKEN ELIZABETH 130 WESTWOOD ST ASHLAND, OR 97520 PA-TREE-2020-00105 391 E08BA902 DEBOER JEFFREY TTEE ET A 4096 SPRING KNOLL DR EUGENE, OR 97405 PA-TREE-2020-00105 391 EOBBA909 FELT WRIGHT REVOCABLE TRUST PO BOX 309 ASHLAND, OR 97520 PA-TREE-2020-00105 391 EOBBA905 KOVACICH MICHAELISUSAN F 110 WESTWOOD ST ASHLAND, OR 97520 PA-TREE-2020-00105 391 E08BA800 BROADBENT CLARK ET AL 149 WESTWOOD ST ASHLAND, OR 97520 PA-TREE-2020-00105 391 E08BA1000 DUKES ERIC N ET AL 520 PLACER RUN ASHLAND, OR 97520 PA-TREE-2020-00105 391 E08BA908 FIERRO EDWARD JOSEPH TRUSTEE 121 WESTWOOD ST ASHLAND, OR 97520 PA-TREE-2020-00105 391 E08BA900 SCHULMAN CHARLES TRUSTEE 135 WESTWOOD ST ASHLAND, OR 97520 PA-TREE-2020-00105 391 E08BA904 DANIS VIRGINIA 120 WESTWOOD ST ASHLAND, OR 97520 PA-TREE-2020-00105 391E08BA906 DYGERT TIMO NIILOIDIAZ-DYGERT 115 WESTWOOD ST ASHLAND, OR 97520 PA-TREE-2020-00105 391 E08BA910 HAILAND JEFFRESS B ET AL 38 WILLOW HILL RD SAINT LOUIS, MO 63124 PA-TREE-2020-00105 391 E08BD106 WELDER JEFFREY/ALICIA 98 WESTWOOD ST ASHLAND, OR 97520 PA-TREE-2020-00105 PA-TREE-2020-00105 April 30, 2020 OGAWAINEALE STEFANIEIJOSH ASHER HOMESSTEVE ASHER 525 Placer Run NOC 763 B ST 1068 ELKADER ST 14 ASHLAND, OR 97520 ASHLAND, OR 97520 ZONING PERMIT APPLICATION Planning Division Sl Winburn Way, Ashland OR 97520 FILE # TRi=1=-2D20 Ofl1fl5 CITY o r ASH LAN D 541-488-5305 Fax 541488-6006 DESCRIPTION OF PROJECT fmovIAG n�d.t+rosa+ �nG �Crr Pursuing LEEDO Codification? ❑YES NO DESCRIPTION OF PROPERTY Street Address 626 Plat". "42 Assessor's Map No. 391 E "11-19CUT Tax Lot(s) 909 Zoning RR-0.5 Camp Plan Designation APPLICANT Name Address `1�3 nit. otwa. Phone Io(d.25�375E S�G aniF. q EMaii � city �S k lair of �� ) `� -- Zip 017 02 v i3 S�rc� PROPERTY OWNER rual� Name S 0.nio aWA,* 4JO31"" Phone Address 9 4IU it city Zip SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER � fo 773r� E-Mail P�l� GtS�t2Y }1t�rYtp y a3 ma�1 •� TMA .......Name 1(A— �S�tGr' _.Phone,_ 5�� . . Address 10�D 61�AwCity Title Name Address Phone City A-�kland E-Mail Zip A152 O ' Zip t hereby certify that the statements and information contained In this application, including the enclosed drawings and the required findings of fact, are in all respects, true and correct. t 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 thek location found to be incorrect, the owner assumes full responsibility, f 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 4) that all structures or improvements are property located on the ground. Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to !Applicant's �re moved a apse�5�ul advised to seek competent professional advice and assistance. 4/23 ZD net Date As owner of the property involved in this request, i have read and understood the complete applicatfon and its consequences to me as a property owner. 4-43121:7 Property Ow r s Signature (required) Date (tube wVeWbyCnstaM Date Received 4 ?:1 2n2n Zoning Permit Type lype I Filing Fee 1 30 50 OVER N Received 4.23.2020 p;Wmm_dev�.tarsn1gTo-%&11•ndoou¢0ni0gPamitAprlicatlandoc FZec6�ved 4,23.2020 Received 4,23,2020 Rece �ved 4 �,, 2 3.202, 0 I ,M .. . . ........... .... . ......... 2�335 zi S F „rv 2.d'1'4 ry 66"'Ived, 4 � 2z �, 202 11 J,3 2 4 0 d- 13, 3 5 i 3 '31 0 ,8 A f1j, Y Yv "1 0, 1 I ....... . . . . 101,�, ... ........ 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