HomeMy WebLinkAboutSiskiyou_1825_PA-TREE-2020-00094CITY OF
AS H LA IC D
February 19, 2020
Notice of Final Decision
On February 18, 2020, the Community Development Director approved the request for the
following:
Planning Action: TREE-2020-00094
Subject Property: 1825 Siskiyou Blvd.
Applicant/Owner: Casey Roland/June Mikkelsen & James Douglass
Description: A request to remove one hazard tree which is identified as a white oak. The
applicant submitted a brief narrative prepared by Casey Roland Tree Care. COMPREHENSIVE
PLAN DESIGNATION: Multifamily Residential; ZONING: R-3
ASSESSOR'S MAP: 39 lE 15 AD; TAX LOT: 1801
The Community Development Director's decision becomes final and is effective on the 121h day
after the Notice of Final Decision is mailed. Approval is valid for a period of 18 months and all
conditions of approval identified on the attached Findings are required to be met prior to project
completion.
The application, all associated documents and evidence submitted, and the applicable criteria are
available for review at the Ashland Community Development Department, located at 51
Winburn Way. Copies of file documents can be requested and are charged based on the City of
Ashland copy fee schedule.
Prior to the final decision date, anyone who was mailed this Notice of Final Decision may
request a reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO)
18.5.1.050(F) and/or file an appeal to the Ashland Planning Commission as provided in ALUO
18.5.1.050(G). The ALUO sections covering reconsideration and appeal procedures are attached.
The appeal may not be made directly to the Oregon Land Use Board of Appeals.
If you have any questions regarding this decision, please contact 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: 541-488-5305
51 Winburn Way Fax:541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900 � ®
www.ashland.or. s
SECTION 18.5.1.050 Type I Procedure (Administrative Decision with Notice)
E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to
subsection 18.5.1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision.
F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below.
1. Any party entitled to notice of the planning action, or any City department may request reconsideration of the action
after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no
fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision.
Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence
during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity
to respond to the issue prior to making a decision.
2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall
decide within three days whether to reconsider the matter.
3. If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the
decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse
the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any
party entitled to notice of the planning action.
4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the
reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration.
G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following:
1. Who May Appeal. The following persons have standing to appeal a Type I decision.
a. The applicant or owner of the subject property.
b. Any person who is entitled to written notice of the Type I decision pursuant to subsection
18.5.1.050.B.
c. Any other person who participated in the proceeding by submitting written comments on the application to the
City by the specified deadline.
2. Appeal piling 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. Thne far Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of
decision is mailed.
c. Content of Notice ofAppeal. The notice of appeal shall be accompanied by the required filing fee and shall contain.
i. An identification of the decision being appealed, including the date of the decision.
ii. A statement demonstrating the person filing the notice of appeal has standing to appeal.
iii. A statement explaining the specific issues being raised on appeal.
iv. A statement demonstrating that the appeal issues were raised during the public comment period.
d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a
jurisdictional defect and will not be heard or considered.
3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before the
Planning Commission. The appeal shall not be limited to the application materials, evidence and other documentation,
and specific issues raised in the review leading up to the Type I decision, but may include other relevant evidence and
arguments. The Commission may allow additional evidence, testimony, or argument concerning any relevant
ordinance provision.
4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type II public hearing procedures,
pursuant to section 18.5.1.060, subsections A -- E, except that the decision of the Planning Commission is the final
decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the
adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of
Appeals, pursuant to ORS 197.805 - 197,860.
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900 IL
%vvw.ashland.onus
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: TREE-2020-00094
SUBJECT PROPERTY: 1825 Siskiyou Blvd.
OWNER: June Mikkelsen & James Douglass
APPLICANT: Casey Roland
DESCRIPTION: A request to remove one hazard tree which is identified as a white oak. The
applicant submitted a brief narrative prepared by Casey Roland Tree Care.
COMPREHENSIVE PLAN DESIGNATION: Multifamily Residential; ZONING: R-3
ASSESSOR'S MAP: 39 1E 15 AD; TAX LOT: 1801
SUBMITTAL DATE: January 17, 2020
DEEMED COMPLETE DATE: January 27, 2020
STAFF DECISION DATE: February 18, 2020
DEADLINE TO APPEAL (4:30 p.m.): March 3, 2020
FINAL DECISION DATE: March 4, 2020
APPROVAL EXPIRATION DATE: September 4, 2021
DECISION
This proposal is to remove one large white oak that has been identified as a hazard tree from the property
at 1825 Siskiyou Blvd. The project arborist has identified the tree as a `Hazard Tree' due to the large open
cavity that sits approximately seven feet above grade. An examination of the open cavity revealed that the
amount of remaining wood holding the upper portion of the tree in place is minimal, and that great care
will be needed to remove the tree safely.
The subject property is located at 1825 Siskiyou Boulevard, directly east of the Cedarwood Inn Motel.
The property is zoned High Density Multi -Family Residential (R-3) with a lot size of 9,600 square feet.
The property is rectangular shaped, but for the skewed frontage along Siskiyou Boulevard. The property
has a gradual slope of approximately four percent, but for the front area of the property directly off
Siskiyou Boulevard which is approximately 12 percent. The property is served by an unpaved looped
driveway. The property is developed with a Bungalow home that was constructed in 193 8. The home was
later added onto and converted into a three -unit multifamily residence, which was formally approved as
a triplex through planning action PA-2002-150.
The application included several photos and an assessment prepared by Casey Roland Tree Care. The tree
is identified as an Oregon white oak that is approximately 22" DBH. The assessment stated that "the entire
column of xylem is decayed with a remaining %" shelf of wood supporting the tree."
At the Tree Commission's February 011 meeting the application was reviewed. The applicant was
represented by Casey Roland who summarized his findings. Following deliberations, the Tree
Commission voted unanimously to recommend approval for the removal of the oak tree removal with the
condition of approval that it be mitigated with a medium stature deciduous tree.
TREE-2020-00094
1825 Siskiyou Blvd.laa
Page 1
In staff s assessment, the tree removal fully meets the "hazard tree" criteria.
The criteria for a Tree Removal Permit are described in AMC Chapter 18.5.7.040.E 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.
Planning Action #TREE-2020-00094, 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-
2020-00094 is approved. If any one or more of the following conditions are found to be invalid, for any
reason whatsoever, then Planning Action #TREE-2020-00094 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 medium stature tree at maturity, shall be planted on
site within one (1) year of issuance of this decision.
3�Tlia a mitigation tree shall be planted at a minimum of a 11/z-inch caliper consistent with the
a �eauirements.of AMC 18.5.7.050.
ill Molnar,
ofyommunity Development
2-t % '2—
Date
TREE-2020-00094
1825 Siskiyou Blvd./aa
Page 2
TREE-2020-00094
TREE-2020-00094
TREE-2020-00094
HOWE GREGG TRUSTEE ET AL
RAPP FREDERICK M TRUSTEE ET
TBK LLC
1555 WINDSOR ST
1822 SISKIYOU BLVD
132 GREENWAY CIR
ASHLAND, OR 97520
ASHLAND, OR 97520
MEDFORD, OR 97504
TREE-2020-00094
TREE-2020-00094
TREE-2020-00094
DICKEY ROBERT R JR/ALISON G
BROOKS MARY DEFOREST
UMPQUA COMMUNITY DEVELOPMEN
829 BESWICK WAY
1847 SISKIYOU BLVD
605 KANE ST
ASHLAND, OR 97520
ASHLAND, OR 97520
ROSEBURG, OR 97470
TREE-2020-00094
TREE-2020-00094
TREE-2020-00094
NEWMAN ALLISON M
DILLS CHRISTOPHER JAMES
ROTH JAMES A TRUSTEE
799 PARK ST
797 PARK ST
3231 TOLMAN CREEK RD
ASHLAND, OR 97520
ASHLAND, OR 97520
ASHLAND, OR 97520
TREE-2020-00094
TREE-2020-00094
TREE-2020-00094
DELUCA REV TRUST ET AL
SAl BABA LLC
DELUCA REV TRUST ET AL
228 MORNINGLIGHT DR
1801 SISKIYOU BLVD
228 MORNINGLIGHT DR
ASHLAND, OR 97520
ASHLAND, OR 97520
ASHLAND, OR 97520
TREE-2020-00094
TREE-2020-00094
TREE-2020-00094
HILL -WAGONER KAREN MARIE ET
FLETCHER ALEIA
QUINN BRIAN
759 PARK ST
1845 SISKIYOU BLVD
1843 SISKIYOU BLVD
ASHLAND, OR 97520
ASHLAND, OR 97520
ASHLAND, OR 97520
TREE-2020-00094
TREE-2020-00094
TREE-2020-00094
VARDANYAN ARTUR ETAL
DOUG LASS JAMES R/JUNE M
CASEY ROLAND
1841 SISKIYOU BLVD
1295 STARDUST WAY
` 12050 Hwy 99 SOUTH
ASHLAND, OR 97520
MILPITAS, CA 95035
'ASHLAND, OR 97520
2/19/2020
NOD 18
1825 Siskiyou Blvd
PLANNING ACTION: PA-TREE-2020-00094
SUBJECT PROPERTY: 1825 Siskiyou Blvd.
OWNER: June Mikkelsen & James Douglass
APPLICANT: Casey Roland
DESCRIPTION: A request to remove one hazard tree which is identified as a white oak.
The applicant submitted a brief narrative prepared by Casey Roland Tree Care.
COMPREHENSIVE PLAN DESIGNATION: Multifamily Residential; ZONING: R-3; ASSESSOR'S MAP:
39 1 E 15 AD; TAX LOT: 1801
The Tree Commission recommends approving the application subject to the following:
1. That the applicant be required to mitigate with a medium stature deciduous tree.
Department of Community Development Tel: 541ABB-5350 CITY O F
51 Winbum Way Fax: 541-552-2050
Ashland, Oregon 97520 M: 800-735-2900 AS H L A N D
www.ashland.or.us
Planning Department, 51 Winbun, v� ay, Ashland, Oregon 97520 1 i CITY OF
FRI 541-488-5305 IFax:541-552-2050 www.ashland,orms TTY:1.800-735-2900 -ASHLAND
ki [001111111 [41:94INT1 as -11re-Iffillispil
PLANNING ACTION: TREE-2020-000194
SUBJECT PROPERTY: 1825 Sisikyou Blvd
OWN ERIAPPLI CANT:: June Mikkelsen & James Douglass
DESCRIPTION: A request to remove one hazard tree which is identified as a white, oak. COMPREHENSIVE
PLAN DESIGNATION: Multifamily Residential; ZONING: R-3; ASSESSOR'S MAP #: 39IE15AD; TAX LOT: 1801
NOTE: The Ashland Tree Commission wfll also review this Planning Action on Thursday, February 6, 2020 at 6:00 PM in
the Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way.
NOTICE OF COMPLETE APPLICATION: January 27,2020
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: February 10, 2020
18802
795
18901 18902
79545
795 4�
Subject Properties
1 25 Siskiyou P T F.
-TREC-2020-0009 8A RC 2020' 4
7954 1� 3
Subject Properties i
1825 Siskiyou Blvd. 7954
795 41
795 16
795 5
795 �4
795 3
795 2
795 1
The Ashland Nanning 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.
AsMand 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 aflows for a 14 day comment period. After the comment period and not more than
45 days from the application being deemed complete, the Manning Division Staff shall make a final decision on the application. A notice of decision is maRed to the same
properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staff's decision must be made in writing to the Ashland Planning
Division within 12 days from the date of the mailing of final decision. (AMC 18.5.1.050.G)
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, by letter,
or failure to provide Sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of
Appeals (LUBA) on that Moe. 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 iinspection at no cost and wdl be provided at
reasonable cost, if requested. All materiais 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 at 541-488-5305.
TREE REMOVAL PERMIT
18.5.7.040.E
1. Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority finds that the application meets all of the
following criteria, or can be made to conform through the imposition of conditions.
a. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard (i.e., likely to
fall and injure persons or property) or a foreseeable danger of property damage to an existing structure or facility, and such
hazard or danger cannot reasonably be alleviated by treatment, relocation, or pruning. See definition of hazard tree in part
18.6.
b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to section 18.5.7.050. Such
mitigation requirements shall be a condition of approval of the permit.
2. Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be granted if the approval authority finds
that the application meets all of the following criteria, or can be made to conform through the imposition of conditions.
a. The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use
Ordinance requirements and standards, including but not limited to applicable Site Development and Design Standards in
part 18.4 and Physical and Environmental Constraints in part 18.10.
b. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of
adjacent trees, or existing windbreaks.
c. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity
within 200 feet of the subject property. The City shall grant an exception to this criterion when alternatives to the tree
removal have been considered and no reasonable alternative exists to allow the properly 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.
GAcommdeOplanni ngTlanning AclionsVNoficing FoldcOMal led Notices & Signs12020%TREE-2020-0009•l.docv
U a -a I PILITA I I[$] a Oh FA I I I _0
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 January 27, 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 Planning Action #TREE-2020-00094,
18,25 Siskiyou Blvd.
Signature of Employee
DocurneW 1127020
TREE-2020-00094 TREE-2020-00094 TREE-2020-00094
SAI BABA LLC VENTURA CIRDELUCA REV TRUST ET HILL -WAGONER KAREN MARIE ET
1801 SISKIYOU BLVD 228 MORNINGLIGHT DR 759 PARK ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
TREE-2020-00094
FLETCHER ALEIA
1845 SISKIYOU BLVD
ASHLAND, OR 97520
TREE-2020-00094
VARDANYAN ARTUR ET AL
1841 SISKIYOU BLVD
ASHLAND, OR 97520
TREE-2020-00094
RAPP FREDERICK M TRUSTEE ET
1822 SISKIYOU BLVD
ASHLAND, OR 97520
TREE-2020-00094
BROOKS MARY DEFOREST
1847 SISKIYOU BLVD
ASHLAND, OR 97520
TREE-2020-00094
ROTH JAMES A TRUSTEE
3231 TOLMAN CREEK RD
ASHLAND, OR 97520
TREE-2020-00094
UMPQUA COMMUNITY DEVELOPMENT
605 KANE ST
ROSEBURG, OR 97470
TREE-2020-00094
DOUGLASS JAMES RIJUNE M
1295 STARDUST WAY
MILPITAS, CA 95035
TREE-2020-00094
VENTURA CIRTBK LLC
132 GREENWAY CIR
MEDFORD, OR 97504
TREE-2020-00094
NEWMAN ALLISON M
799 PARK ST
ASHLAND, OR 97520
1825 Slskiyou
01/27/2020 NOC
16
TREE-2020-00094
QUINN BRIAN
1843 SISKIYOU BLVD
ASHLAND, OR 97520
TREE-2020-00094
HOWE GREGG TRUSTEE ET AL
1555 WINDSOR ST
ASHLAND, OR 97520
TREE-2020-00094
DICKEY ROBERT R JRIALISON G
829 BESWICK WAY
ASHLAND, OR 97520
TREE-2020-00094
DILLS CHRISTOPHER JAMES
797 PARK ST
ASHLAND, OR 97520
PLANNING ACTION: PA-TREE-2020-00094
SUBJECT PROPERTY: 1825 Siskiyou Blvd.
OWNER: June Mikkelsen & James Douglass
APPLICANT: Casey Roland
DESCRIPTION: A request to remove one hazard tree which is identified as a white
oak. The applicant submitted a brief narrative prepared by Casey Roland Tree Care.
COMPREHENSIVE PLAN DESIGNATION: Multifamily Residential; ZONING: R-3;
ASSESSOR'S MAP: 39 1E 15 AD; TAX LOT: 1801
PLANNER: Aaron TREE: YES HISTORIC: NO
(Criteria: Tree Removal Permit)
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f hereby certify that the statements and inforMon contained In tins appflcac'on, Indudlnp the enclosed d'a fts and the rmqu#wd llndlnps of taco are in all respects,
fte and coffact I understand that al property phis must be shown on the drawlnps and visible upon the $ite haspectlon. lri the a vent the plus are not spawn cw that►
Ivcab"on found to be 1neaTect the owwer assumes hik responslblkty. I fi iffice understand that if thIs request is subsequently contested, the burden wN be on me to
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1) that 1 proriuced sufllclent factual evidence at the heaft to support this request°
4 thatdie tlndlnps of fact Jienlshedpustdles the Wangng of the request
3) that the dndings of factftaTrilshed byme are adequate, and further
4) tliata/sducttns orlm,,raaivoments &vptoperfyfouated oo the wound.
PeA rs In htils regard 1wsff# most nely in not only die request belnp set aside, but also possl* In my structMs being buft In relPance thereon befiap requt red to
be removed al my expense. #1 have any doubts, lam advised to seek compelent pnalesslonal advice and asslslance.
Applicanfs Signature Date
As Owner of thePfflpmy involved In dies request, I have tread and undmlood the complete apphcatlon and ma consequences tome as a pfflpemy
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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-2020-00094
Apply Date: 1/17/2020
Ma .& Tax Lot
Pro e' Address
391 E15AD1801
1825 Siskiyou 611
Owner:
James/June Douglass/Mikkeisen
Owner
1295 Stardust Way
Address:
Milpitas, OR 95035
Phone:
(408) 891-7904
Remove white oak tree
Fee Description:
RemovallVerification Fee (Type 1)
Applicant:
Applicant:
Casey P. Roland Tree Care
Applicant
1718 Talent Ave
Address:
Talent, OR 97540
Phone:
(541) 488-0782
Amount:
Date:
$30.50
To#ai Fees $30.50