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HomeMy WebLinkAboutB_386_PA-TREE-2020-00134January 28, 2021 Notice of Final Decision On January 28, 2021, the Community Development Director approved the request for the following: Planning Action: Subject Property: Applicant: TREE-2020-00134 386 B Street Peter and Mari Tardiff Description: A request for approval to remove one large Box Elder tree located at the rear of the property, approximately 15' fi.-Om the alley. The application explains that in recent years the tree has begun to lean considerably and now leans forty -five -degree angle and poses a hazard should it collapse. Despite years of maintenance removing canopy weight through regular pruning the applicant states that any additional removal of the canopy will have a detrimental effect on the overall health of the tree. The application concludes that mitigation of the hazard posed can only be accomplished by removal of the tree. COMPIZE HENSIVE PLAN DESIGNATION: Multi Family Residential; ZONING: R-2; MAP: 39 IF 09 BA; TAX LOT: 6600 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 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: 541-488-530,5 51 Winburn Way Fax: 541-552-2050 AsMand, Oregon 97520 TTY: 800-735-2900 3 % ow '.ji 111111 0 SECTION 18.5.1.050 Type I Procedure (Administrative Decision with Notice) E. Effective Date of Decision. Unless tile 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 Cri-Or Occurred through no fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, aright affect the decision. Reconsideration requests are lituited to factual errors and not tile failure Of an issue to be raised by letter or evidence during the opportunity to provide public input on the application sufficient to afford tile: Staff Advisor all opportunity to respond to tile issue prior to making a decision. 2. Reconsideration requests shall be received within five clays of mailing the notice of decision. The Staff Advisor shall decide within three days whether to reconsider tile matter, 3. If the Staff Advisor is satisfied that an error occurred Crucial to the decision, the Staff Advisor shall withdraw tile 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. AType 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. 1.0150.13. c. Any other person who participated in the proceeding by submitting written comments on tile application to the City by the specified deadline. 2. Appeal Filing Procedure. a. Notice of Aj)peol. 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, tile fee for the initial hearing shall be refunded, b. Thnefor Filing, A notice of appeal shall be filed with the Staff Advisor within 12 clays of the date the notice of decision is mailed. c. Content ofNotice ofAljyjeaUllie notice of appeal shall be accompanied by the required filing fee and shall colitain. i. An identification of the decision being appealed, including the date of tile decision, ii. A statement demonstrating tile person filing the notice of appeal has standing to appeal. iii. A statement explaining the specific issues being raised our appeal. iv. A statement demonstrating that the appeal issues were raised during tile public comment period. d. The appeal requirements of this section must be folly 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 tile 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 hearing procedures, pursuant to section 18.5.1.060, Subsections A - E, except that the decision of the Planning Commission is tile final decision of the City on all 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 tile State Land Use Board of Appeals, pursuant to ORS 19T805 - 197.860. COMMUN11TY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 ftburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 %v�vw.ashhnid.or.us ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: TREE-2020-00134 SUBJECT PROPERTY: 386 B Street OWNER 1 APPLICANT: Peter and Mari Tardiff DESCRIPTION: A request for approval to remove one large Box Elder tree located at the rear of the property, approximately 15' from the alley. The application explains that in recent years the tree has begun to lean considerably and now leans forty -five -degree angle and poses a hazard should it collapse. Despite years of maintenance removing canopy weight through regular pruning the applicant states that any additional removal of the canopy will have a detrimental effect on the overall health of the tree. The application concludes that mitigation of the hazard posed can only be accomplished by removal of the tree. COMPREHENSIVE PLAN DESIGNATION: Multi Family Residential; ZONING: R-2; MAP: 39 1E 09 BA; TAX LOT: 6600 SUBMITTAL DATE: December 7, 2020 DEEMED COMPLETE DATE: December 28, 2020 STAFF DECISION DATE: January 28, 2021 DEADLINE TO APPEAL (4:30 p.m.): February 9, 2021 FINAL DECISION DATE: February 10, 2021 APPROVAL EXPIRATION DATE: August 10, 2022 DECISION This proposal is to remove a single large box elder tree from the property at 386 `B' Street. The property is located on the south-west corner of the intersection between of B and 3rd Streets. The property is zoned Multi -Family Residential (R-2) as is the surrounding neighborhood. The property is developed with two residential structures. Because the property is zoned Multi - Family and developed with two dwellings all trees over six -inches Diameter at Breast Height (DBH) require a tree removal permit. The single tree proposed for removal is identified as a 25-year-old box elder (Ater negundo) in the application materials, and is estimated to be approximately sixty -feet tall and 27-inclies DBH. The application includes photos showing that the tree stands at a significant lean that has developed over the last decade. The application includes an email from `Southern Oregon Tree Care, LLC' prepared by an 1SA Master Arborist which states that this species of tree is notorious for large limb failures. The letter states that there are three homes in the strike zone if the tree were to fail as a whole tree. The letter states that based on the species characteristics of not being resistant to decay, soft weak wood prone to shed large horizontal limbs, and concludes that recommending removal as the only option to mitigate the hazard. To be deemed a "hazard tree" the condition or location of the tree must clearly present a public safety hazard (i.e., that the tree is likely to fall and injure persons or poopery} ). Or, that there is a TREE-2020-00134 386 B Sttaa Page 1 l:oresceable danger of property damage to an existing structure or facility, and, that such hazard or danger cannot reasonably be alleviated by treatment, relocation or pruning. Based on the materials provided by the applicant's arborist and a site visit by staff, it is reasonable to conclude that the subject tree is indeed posing a hazard .and therefore ought to be removed, During the public comment period staff received no input fi•on'r the public, At the January regular niceting of the Tree Commission staff presented the application and was also represented by the property owners. After a brief deliberation, the Tree Commission voted unanimously to recommend approval of the removal. The criteria for a Tree Removal Permit are described in AMC Chapter 18.5.7.040.13as follows: ?. Hazard Tree. A Hazard Tree Removal Permit shall be granted if the approval authority finds that the appllication 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 1.6. 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. Staff finds that Planning Action TRF -2t120l-t1�6134, a request to remove one hazard tree, complies with all applicable city ordinances with the imposition of the conditions attached below. 1"herefore, Planning Action #TREE-2020-00134 is approved. if any one or more of the following conditions are found to be invalid, for any reason whatsoever, then Planning Action "1'1REE 282ti-tltl134 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 trees, of an appropriate stature, shall be planted on site within one (1) year of issuance of this decision. 01.28.2021 Bill Molnar, Dir recce Date Department of Community Development TREE-2020-00134 386 B 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 JaNuary 28, 2021 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-2020-00134, 386 B Street. Signature of Employee Gtcmm-dWp1anniagkRanr4ngAcoonsTASbyStree(MStreelffi_3MTREE•20209p13Mfi ngINOD18_38S_TREE•202Q00134_NODAFFIDAMTOFMAILING.docz1128t2021 TREE-2020-00134 391E09BA6600 i TREE-2020-00134 391E09BA6600 TREE-2020-00134 391E09BA6600 ADAMS JUSTIN R/PETERSON-ADAMS ALLEN DAVID S/DAWN A ASHLAND VILLAGE COTTAGES INC 426 B ST 120 N 2ND ST PO BOX 3064 ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2020-00134 391E09BA6600 TREE-2020-00134 391E09BA6600 TREE-2020-00134 391E09BA6600 BARTHOLOMEW SUSAN H BRASSEUR XAVIER ET AL BROWN SANYA RAYE 355 B ST 127 CHURCH ST 447 B ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2020-00134 391E09BA6600 TREE-2020-00134 391E09BA6600 TREE-2020-00134 391E09BA6600 COOPER LAURENCE/LISA SCLAN DELUCA RONALD L TRUSTEE DEMARINIS SUSAN K TRUSTEE ET 259 B ST 228 MORNINGLIGHT DR 145 NORMAL AVE ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2020-00134 391E09BA6600 TREE-2020-00134 391E09BA6600 TREE-2020-00134 391E09BA6600 DI LORETO DANTE` ETIENNE ROBERT P TRUSTEE ET A FOUNTAIN STACY ET AL PO BOX 5425 143 N 3RD ST 136 N 2ND ST CULVER CITY, CA 90231 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2020-00134 391E09BA6600 TREE--2020-00134 391E09BA6600 TREE-2020-00134 391E09BA6600 HARRELL BRUCE HARRER DAVID J TRUSTEE ET AL HOXMEIER STEVE/KATHRYN 338 B ST 366 B ST 435 B ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2020-00134 391E09BA6600 TREE-2020-00134 391E09BA6600 TREE-2020-00134 391E09BA6600 HOYT MICHAEL TRUSTEE ET AL KLINGENBERG ANITA TRUSTEE ET LIMB JOHN 0 TRUSTEE ET AL 119 N THIRD ST i 7121 DARK HOLLOW RD 343 B ST ASHLAND, OR 97520 MEDFORD, OR 97501 ASHLAND, OR 97520 TREE-2020-00134 391E09BA6600 TREE-2020-00134 391E09BA6600 TREE-2020-00134 391E09BA6600 LURLINE LLC MCINTYRE MARTHA M TRUSTEE ET MOSKOWITZ MARK TRUSTEE ET AL 26929 BELLFDUNTAIN RD 58 FOURTH ST 363 B ST MONROE, OR 97456 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2020-00134 391E09BA6600 TREE-2020-00134 391E09BA6600 TREE-2020-00134 391E09BA6600 PEYTON CANDICE E/ROBERT L PRITZKER STEVEN R SILVER ELIZABETH TRUSTEE ETA 1068 OLD HIGHWAY 99 S 1477 STH AVE 385 B ST ASHLAND, OR 97520 SAN FRANCISCO, CA 94122 ASHLAND, OR 97520 TREE-2020-00134 391E09BA6600 TREE-2020-00134 391E09BA6600 TREE-2020-00134 391E09BA6600 SPEICHER GWEN E STACY JOHN A/JULIE A TARDIFF PETER J TRUSTEE ET AL 138 N 3RD ST 375 B ST 386 B ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2020-00134 391E09BA6600 TREE-2020-00134 391E09BA6600 368 B Street WEISSHAAR DANA WHITALL RICHARD L TRUSTEE E 01/28/2021 112 PEACH WILLOW CT 75 INTERNATIONAL BLVD 29 LOS GATOS, CA 95032 SONOMA, CA 95476 k Planning Department, 51 Winbuin, fl�ay, Ashland, Oregon 97520 CITY OF 541-488-5305 Fax: 541-552-2050 www,ash land or,us TTY: 1-800-735-,2900 -ASHLAND NOTICE OF APPLICA=11 PLANNING ACTION: 'FREE -2020-00134 SUB,JECT PROPERTY: 38613 Street OWNER / APPLICANT: Peter and Mari Tardiff DESCRIPTION: A request for approval to remove one large Box Elder tree located at the rear of the property, approximately 15' ftoin the alley. Tile application explains that in recent years the tree has begun to lean considerably and now leans forty-five-clegree angle and poses a hazard should it collapse. Despite years of maintenance removing canopy weight through regular pruning the applicant states that any additional removal of the canopy will have a detriniental effect on the overall health of the tree. The application concludes that mitigation of the hazard posed can only be accomplished by removal of tile tree. COMPREHENSIVE PLAN DESIGNATION: Multi Family Residential; ZONING: R-2; NOTE: The Ashland Tree Commission will review this Planning Action at an electronic public hearing on Thursday, January 7, 2021 at 6:010 PK See page 2 of this notice for information about participating in, the electronic public hearing. NOTICE OF COMPLETE APPLICATION: December 28, 2020 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: January 11, 2021 OVER ActionsTAs by SireeAMB StrectU3_,3861TREE-2020-00134\T7loticinI,1B 386 TREE-2020-00134 NO(,' do"" (� Tree Commission Meeting Notice is hereby given that the Tree Commission will hold an electronic public hearing on the above described planning action on the meeting date and time shown on Page 1. If you would like to watch and listen to the Tree Commission meeting virtually, but not participate in any discussion, you can use the Zoom link posted on the City of Ashland calendar website Litt.5://www. ash Ian Cf. U'. Us/calend Lqar. asp Anyone wishing to submit written comments can do so by sending an e-mail to PC-public-testimony@ashiand.or.us with the subject, line "Advisory Commission Hearing Testimony" by 101:00 a.m. on Wednesday., January . 6, 2021. If the applicant wishes to provide a rebuttal to the testimony, they can submit the rebuttal via e-mail to PC-public- testimony@ashland.or.us with the subject line "Advisory Commission Hearing Testimony" by 10:00 a.m. on Thursday, January 7, 2021. Written testimony received by these deadlines will be available for Tree Commissioners to review before the hearing and will be included in the meeting minutes. Oral testimony will be taken during the electronic public hearing. If you wish to provide oral testimony during the electronic meeting, send an email to P,C-public-testimony@ashiand.or.us by 101:00 a.m. on. - Wednesday. January 6, 2021. In order to provide testimony at the public hearing, please provide the following information: 1) make the subject fine of the email "Advisory Commission Testimony Request", 2) include your name, 3) specify the date and commission meeting you wish to testify at, 4) specify the agenda item you wish to speak to, 5) specify if you will be participating by computer or telephone, and 6) the name you will use if participating by computer or the telephone number you will use if participating by telephone. In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at 541-488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting. (28 CPI 35.102.-35.104 ADA Title 1). The Ashland Planning Division Staff has received a complete application for the property noted on Page 1 of this notice. Because of the COV0-19 pandemic, application materials are provided online and comments will be, accepted by email. Alternative arrangements for reviewing the application or submitting comments can, be made by contacting (541) 488-5305 or piqn Ai Li A copy of the application, including all documents, evidence and applicable criteria are available online at "What's Happening in my City" at nt � '//��s.ash�land.or�Lis/dev�elopDittitpro saL�/. Copies of application materials will be provided Rq- at reasonable cost, if requested. Under extenuating circumstances, application materials may be requested to be reviewed in -person at the Ashland Community Development & Engineering Services Building, 51 Winburn Way, via a pre -arranged appointment by calling (541) 488-5305 or emailing pinniingm@ashland.or.us. Any affected property owner or resident has a right to submit written comments to pjanninq@aqhIarLd.or.us or to the City of Ashland Planning Division, 51 Winburn Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown on Page Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice is sent to surrounding properties, within 200 feet of the property submitting application which allows for a 14-day comment period. After the comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staff's decision must be made in writing to the Ashland Planning Division within 12 days from; the date of the mailing of final decision. (AMC 18.5.1.050.G) The ordinance criteria applicable to this application, are attached to this notice. Oregon Ilaw 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 ordinancecriterion 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. If you have questions or comments concerning this request, please feel free to contact Aaron Anderson at Aa roo.An derson &ash land or. us 541-488-5305. 6:4coniiii-devM1l)laiiiiingkPlinning AcfionsTAs by Stfeeffl\B Streel\B,,,386Y]'IIEE-2D20-0013,1\N'olicingU386 TREF-2020-00134 NOC.docx TREE REMOVAL PERMIT 18.5.7.040.E 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. Wcomm-devkplannin&lanning AetionsTAs by Stree1\MB 5tree613_386\TREE-2020-001341NoticinglB 386_TREE-2020-00134—NOC.docx TREE-2020-00134 391 E09BA6700 ADAMS JUSTIN RIPETERSON-ADAMS 426 B ST ASHLAND, OR 97520 TREE-2020-00134 391 E09BA4500 BARTHOLOMEW SUSAN H 355 B ST ASHLAND, OR 97520 TREE-2020-00134 391 E09BA6701 COOPER LAURENCE/LISA SCLAN 259 B ST ASHLAND, OR 97520 TREE-2020-00134 391 E09BA6800 DI LORETO DANTE' PO BOX 5425 CULVER CITY, CA 90231 TREE-2020-00134 391 E09BA6200 HARRELL BRUCE 338 B ST ASHLAND, OR 97520 TREE-2020-00134 391 E09BA8700 HOYT MICHAEL TRUSTEE ET AL 119 N THIRD ST ASHLAND, OR 97520 TREE-2020-00134 391 E09BA8400 LURLINE LLC 26929 BELLFOUNTAIN RD MONROE, OR 97456 TREE-2020-00134 391 E09BA4700 PEYTON CANDICE E/ROBERT L 1068 OLD HIGHWAY 99 S ASHLAND, OR 97520 TREE-2020-00134 391 E09BA8100 SPEICHER GWEN E 138 N 3RD ST ASHLAND, OR 97520 TREE-2020-00134 391 E09BA9000 ALLEN DAVID SIDAWN A 120N2NDST ASHLAND, OR 97520 TREE-2020-00134 391 E09BA9300 BRASSEUR XAVIER ET AL 127 CHURCH ST ASHLAND, OR 97520 TREE-2020-00134 391 E09BA4100 DELUCA RONALD L TRUSTEE 228 MORNINGLIGHT DR ASHLAND, OR 97520 TREE-2020-00134 391 E09BA8500 ETIENNE ROBERT P TRUSTEE ET A 143 N 3RD ST ASHLAND, OR 97520 TREE-2020-00134 391 E09BA6400 HARRER DAVID J TRUSTEE ET AL 366 B ST ASHLAND, OR 97520 TREE-2020-00134 391 E09BA8600 KLINGENBERG ANITA TRUSTEE ET 7121 DARK HOLLOW RD MEDFORD, OR 97501 TREE-2020-00134 391 E09BA8200 MCINTYRE MARTHA M TRUSTEE ET 58 FOURTH ST ASHLAND, OR 97520 TREE-2020-00134 391 E09BA8300 PRITZKER STEVEN R 1477 5TH AVE SAN FRANCISCO, CA 94122 TREE-2020-00134 391 E09BA4300 STACY JOHN A/JULIE A 375 B ST ASHLAND, OR 97520 TREE-2020-00134 391 E09BA9200 ASHLAND VILLAGE COTTAGES INC PO BOX 3064 ASHLAND, OR 97520 TREE-2020-00134 391 E09BA3900 BROWN SANYA RAYE 447 B ST ASHLAND, OR 97520 TREE-2020-00134 391 E09BA6500 DEMARINIS SUSAN K TRUSTEE ET 145 NORMAL AVE ASHLAND, OR 97520 TREE-2020-00134 391E09BA9100 FOUNTAIN STACY ET AL 136 N 2ND ST ASHLAND, OR 97520 TREE-2020-00134 391 E09BA4000 HOXMEIER STEVE/KATHRYN 435 8 ST ASHLAND, OR 97520 TREE-2020-00134 391 E09BA4600 LIMB JOHN 0 TRUSTEE ET AL 343 B ST ASHLAND, OR 97520 TREE-2020-00134 391 E09BA4400 MOSKOWITZ MARK TRUSTEE ET AL 363 B ST ASHLAND, OR 97520 TREE-2020-00134 391 E09BA4200 SILVER ELIZABETH TRUSTEE ET A 385 B ST ASHLAND, OR 97520 TREE-2020-00134 391 E09BA6600 TARDIFF PETER J TRUSTEE ET AL 386 B ST ASHLAND, OR 97520 TREE-2020-00134 391 E09BA8101 TREE-2020-00134 391 E09BA6300 TREE-2020-00134 WEISSHAAR DANA WHITALL RICHARD L TRUSTEE E 386 B Street 112 PEACH WILLOW CT 75 INTERNATIONAL BLVD NOC 29 LOS GATOS, CA 95032 SONOMA, CA 95476 12128/2020 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 December 28, 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- 00134, 366 B Street. Signature of Employee G:'canxiWe4lanni gOanningAcGorOAsbyStreeAMStree11R_3884TREE-2020A01344NoWng}B_385_TREE-2020-00134_Af5daAci ocx12l O020 P4 �� ZONING PERMIT APPLICATION Planning Division CITY Of 51 Winburn Way, Ashland OR 97520 FILE # TIC _ 7fi D O I LI J. -ASH LAND 541A88-5305 Fax 541A88-6006 DESCRIPTION OF PROJECT 60V& U DESCRIPTION OF PROPERTY Street Address J ?A'fZ / Assessors Map No. 391 E Zoning APPLICANT Tax Lot(s) Comp Plan Designation Pursuing LEEDS Certification? ❑ YES ❑ NO Name �f_��PlJ//%� Phone,jrj�z( �-04 ` -Maik Address .f7'fF9 ty Zip 9 %5�[j Ci /��/.�iu�,• PROPERTY OWNER�f��� Name Phone3 //-; nLQ je E Mailram Address v'V41 City 7jp 537�Q U SURVEYOR ENGINEEk ARCHITECT LANDSCAPE ARCHITECT OTHER Title Name Address Title Name Address Phone City Phone City E-Mail Zip E-Mail 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 aft properly pins must be shown on the drawings and visible upon the site inspection, In the event the pins are not shown or their location found to be incorrect: the owner assumes full responsibility. I further understand that ff this request is subsequently contested, the burden will be on me to establish: f) Mat I produced sulWent factual evidence at the hearing to support this request; 2) that the findings of Md furnished justifies the grantIng of the request; 3) that the findings of fact ed byme are adequate, • and further 4) that all structures a ' vement p rty located on the ground, Failure in this regard ! # mos ills , i.n only theKise;dto es; being set aside, but also possibly in my structures being budt in reliance thereon being required to . be removed at m pe e. If i ve ubts,I am seek competent professional advice and assistance. Date As owner of the rop invo this quest, ! h e read and understood the complete application and its consequences to me as a property owner. / //- Prop v Owner's emnftre (reaudedi Date Ro be c-VWaa by ear sraej s Date Received - ] ,U Zoning Permit Type ��� Pi(Y LiJ(, Filing Fee 3o OVER 0 Derek Severson, Senior Planner City of Ashland, Department of Community Development Derek, the following is the statement requested per Application Submission Requirements (18.5.7.030). The tree that are we are requesting to have removed is a 25 year old Box alder. The tree is located in our back yard about 15 feet of off of the alley and 3 feet from the neighbors property. The Box Elder right next to it is very healthy and growing vertically. The reason for removal is the angle that the tree has taken over the last 10 years, and the danger of it causing structural damage or harm to inhabitants. As you can see in the pictures I've included, the trunk is at a 45 degree angle. The canopy has become very large, and has a lot of weight that extends over the main house and the neighbors home. In the last 10 years we have had professional arborists evaluate the tree and have removed major limbs to decrease the load. Two weeks ago I had the arborist from Southern Oregon Tree Care come out and evaluate the tree, hoping just to have the canopy cut back. At that time he noted the tree was healthy, but was showing stress from the lean. A major tree limb comes off the already angled main trunk at 90 degrees. He noted cutting back the canopy any more would have detrimental effects on the Tree and only minimally take weight off. We do not take the removal of this tree lightly. We love the look of it and the shade it has provided us. I feel we are at a point where it has become dangerous to us and our neighbors. Since we have moved into our home we have planted over 16 trees and have a total of over 25 trees on the property of different shapes and sizes. Thank you for your time and consideration of this issue, Peter and Mari Tardiff 386 B street (corner of B and aft° Street) Ashland, Oregon 97520 541-708-0069 M a ps ,y Too Alox- elYOf�CJ Map data @2020, Map data @2020 https://www.g Ong I e.com/maps/@4 2.1970927,-122,7092012,57m/data=! 3ml! 1 e3 Paqe 1 of 1 m AMR m i a� Ma! "All p � ny F µ Aw m jt r od " f Ae, K 9 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-2020-00134 ,Apply Date: 1 21712020 Ma m& Taz-i.o# Pro ert-Aztdress 391 E09BA6600 386 B St Owner: Peter Tardiff Owner 386 B St Address: Ashland, OR 97520 Phone: (541) 708-0069 Removal of 2 box elders Fee Description: ree RemovalNerification Fee (Type 1) Applicant: Applicant: Peter Tardiff Applicant 386 B St Address: Ashland, OR 97520 Phone: (541) 708-0069 Amount: Date: $30.50 Total >=ees $30.50