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Home My WebLink AboutDiane_TL2111-PA-TREE-2020-00136CITY OF -ASiHLANJ January 28, 2021 Notice of Final Decision On January 28, 021, the Coin inunity Development Director approved the request for the following: Planning Action: TREE-2020-00136 Subject Property: A(#acent to 2810 Diane St Applicant: Michael Smith / President of Clay Creek HOA Description: A request for approval to ren-iove one large hazard tree identified as a large Alder tree on the bank of Clay Creek. The property is a vacant parcel of land dedicated as open space to the Clay Creek HOA. The application includes a letter from. Victor's Tree Service describing the tree as having a large rotted area in the trunk, and a letter from the adjacent property owner expressing concern that the tree could fall towards his house. The application includes several photos documenting both the sever lean of the tree and the area of rot. The application states that the tree poses a hazard that can not be alleviated by pruning, and that removal is the only option to mitigate the risk, COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R- 1 -5; MAP: 39 1E 14 BC; TAX LOT: 2111 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).'T'he 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: 54 1 A88-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 kmd,onus 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 I8.5.1.050,G, aType I decision becornes effective 12 days after the City mails the notice of decision, F. Reconsideration. The Staff Advisor may reconsider aTypc I decision as set forth below, L 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 tile opinion of the Staff Advisor, might affect the decision. Reconsideration requests are limited 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 the Staff Advisor all opportunity to respond to tile 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 tile Staff Advisor is satisfied that all errol, occurred crucial to the decision, the Staff Advisor shall withdraw the decision for purposes of reconsideration, Tile Staff Advisor sliall decide within tell days to affirm, modify, or reverse tile 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 tile Staff Advisor is not satisfied that all error occurred crucial to the decision, tile 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. 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 the City by the specified deadline, 2. Appeal Filing Procedure. a. Notice of Al)l)eal. 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 tile 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. Time for Filing, A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of decision is mailed, c. Content ofAfotice ofAlymal. Tile 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 tile 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 inct 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 our 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 tile 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 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 tile final 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 19T805 - 197.8W COMMUNITY DEVELOPMENT DEPARTMENT TO: 641-188-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: TREE-2020-00136 SUBJECT PROPERTY: Adjacent to 2810 Diane St. OWNER 1 APPLICANT: Michael Smith President Clay Creek HOA DESCRIPTION: A request for approval to remove one large hazard tree identified as a large Alder tree on the bank of Clay Creek. The property is a vacant parcel of land dedicated as open space to the Clay Creek HOA. The application includes a letter from Victor's Tree Service describing the tree as having a large rotted area in the trunk, and a letter from the adjacent property owner expressing concern that the tree could fall towards his house. The application includes several photos documenting both the sever lean of the tree and the area of rot. The application states that the tree poses a hazard that cannot be alleviated by pruning, and that removal is the only option to mitigate the risk. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; MAP: 39 lE 14 BC; TAX LOT: 2111 SUBMITTAL DATE: December 21, 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 alder tree from the property adjacent to 2810 Diane St. on a property that is dedicated as open space to the Clay Creek Estates. The property is located on the south side of Diane ,Street between Clay and Jaquelyn Streets. The property is zoned ,Single -Family Residential (R-1-7.5) as is the surrounding neighborhood, with the exception that to the south west is there is multi -family (R-3). The property is undeveloped with the exception of a few park benches. Because the property is vacant any tree over six -inches Diameter at Breast Height (DBH) require a tree removal permit. The single tree proposed for removal is identified as a forty -foot tall alder tree adjacent to Clay Creek. The application includes several photos showing an area near the base that is rotted and shows that the tree stands with a pronounced lean. The application materials include a letter from the adjacent property owner whose home is in the potential strike zone should the tree have a main stem failure and advocates for its removal. The application materials also include a letter from Victor's Tree Service who reiterates that the rotted area is significant and recommends removal of the tree to mitigate the risk to the adjacent home. 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 Iikel)� to fall and injure persons or property). Or, that there is a TREE-2020-00136 TL 2111 Diane St.taa Page 1 foreseeable 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 reproved. During the public comment period staff received no input from the public. At the January regular• meeting of the Tree Commission staff presented the application. 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 18.5.7.040.13 as follows: ?. Hazard Tree. A Hazard Tree Removal Kermit shall be grantedif 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. Staff finds that Planning Action ##TREE-2020-00136, a request to reprove one hazard tree, complies with all applicable city ordinances with the interposition of the conditions attached below. Therefore, Planning Action ##TREE-'2020-00136 is approved. If any one or more of the following conditions are found to be invalid, for any reason whatsoever, then Planning Action ##TREE-202.0-00136 is denied. The fallowing 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. 4 w„g W 01.28.2021 Bill Molnar, Director Date Department of Community Development TREE-2020-0013 G TL 2111 Diarre St/aa. Page 2 AFFIDAVIT OF MAILING STATE OF OREGON County of Jackson The undersigned being first duly sworn states that: 1. 1 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 persons name for Planning Action #TREE-2020-00136, Diane TL 2111. Signature of Employee G:lcommdevplanningPlanningACConsPlLs6ySteeBODiane4Diane TL2111_CommonluealTREE-2020-001361tlo6ci&g4NIODlDiane TL_21€1 TREE-2020-00136_NODaMdavlolma:dng.docx112812321 i• sl!jeqeo/eo'AJ@Ae TREE-2020-00136 391E14BC2111 BERLIN ALAN S TRUSTEE ET AL 2795 DIANE ST ASHLAND, OR 97520 TREE-2020-00136 391E14BC2111 BREWER FAMILY REVOCABLE TRUST 2804 DIANE ST ASHLAND, OR 97520 TREE-2020-00136 391E14BC2111 GORDON DONALD A/GORDON JUSTIN 583 PRIM ST ASHLAND, OR 97520 TREE-2020-00136 391E14BC2111 KNEZ MARIJANA 2785 DIANE ST ASHLAND, OR 97520 TREE-2020-00136 391E14BC2111 LOCKETT KIMBERLEY/DAVID OLI 853 BLACKBERRY LN ASHLAND, OR 97520 TREE-2020-00136 391E14BC2111 MELLECKER DENNIS L/PAULETTE M 2909 DIANE ST ASHLAND, OR 97520 TREE-2020-00136 391E14BC2111 MICHELSEN MARY-KAYTRUSTEE 2810 DIANE ST ASHLAND, OR 97520 TREE-2020-00136 391E14BC2111 RANSOM EDWARD C 5625 MAMMOTH AVE VAN NUYS, CA 91401 TREE-2020-00136 391E14BC2111 SMITH RICHARD J TRUSTEE ET AL 905 JAQUELYN ST ASHLAND, OR 97520 TREE-2020-00136 391E14BC2111 VICTOR'S TREE SERVICE 427 BERRYDALE AVE MEDFORD, OR 97501 d- od .... • r TREE-2020-00136 391E14BC2111 BOHN LARRY ALAN/MARGARET ELLA 858 CLAY ST ASHLAND, OR 97520 TREE-2020-00136 391E14BC2111 DIXON CRESSE LIVING TRUST ET 170 TESSA LN ASHLAND, OR 97520 TREE-2020-00136 391E14BC2111 GREEN IRVING TRUSTEE ET AL 862 BLACKBERRY LN ASHLAND, OR 97520 TREE-2020-00136 391E14BC2111 LAWRENCE-FORREST LORI L 865 JAQUELYN ST ASHLAND, OR 97520 TREE-2020-00136 391E14BC2111 MC NICHOL K J/HUMPHREY M C 2920 DIANE ST ASHLAND, OR 97520 TREE-2020-00136 391E14BC2111 METHOTJOHN W/ALEJANDRA 885 JAQUELYN ST ASHLAND, OR 97520 TREE-2020-00136 391E14BC2111 MIDDLETON BARBARA A TRUSTEE E 2815 DIANE ST ASHLAND, OR 97520 TREE-2020-00136 391E14BC2111 SCARMINACH M R JR/REGINA C 925 JAQUELYN ST ASHLAND, OR 97520 TREE-2020-00136 391E14BC2111 SPADONE MARIAN N ETAL 2805 DIANE ST ASHLAND, OR 97520 TREE-2020-00136 391E14BC2111 WALKER SARAH K LIV TRUST ET A 834 BLACKBERRY LN ASHLAND, OR 97520 i'REE-2020-00136 391E14BC2111 BOTTS DOUGLAS CRAIG/SHIRLEY D 594 OAK KNOLL DR ASHLAND, OR 97520 TREE-2020-00136 391E14BC2111 FRIEDMAN MARC/ORTNER KENDRA 915 JAQUELYN ST ASHLAND, OR 97520 TREE-2020-00136 391E14BC2111 KIEKHAEFER PHILLIP A TRUSTEE 2255 SAM EVANS PL ASHLAND, OR 97520 TREE-2020-00136 391E14BC2111 LIVNI GIL TRUSTEE ET AL 453 TUCKER ST ASHLAND, OR 97520 TREE-2020-00136 391E14BC2111 MCCLINTOCK KAREN A TRUSTEE ET 2790 DIANE ST ASHLAND, OR 97520 'TREE-2020-00136 391E14BC2111 MICHAEL SMITH 2790 DIANE ST ASHLAND, OR 97520 TREE-2020-00136 391E14BC2111 NOWACKI STEPHANIE K/MARYEA E 858 BLACKBERRY LN ASHLAND, OR 97520 TREE-2020-00136 391E14BC2111 SISKIYOU SOUTH HOMEOWNERS ASS 870 BLACKBERRY LN ASHLAND, OR 97520 TREE-2020-00136 391E14BC2111 VARNI TONY M/JANNEA 886 LOCKHART GULCH RD SCOTTS VALLEY, CA 95066 TREE-2020-00136 391E14BC2111 WEST BECKY JEAN LIVING TRUST 2919 DIANE ST ASHLAND, OR 97520 G.o to avery.com/templates f Use Avery Template 5160 E; ' TREE-2020-00136 391E14BC2111 WHITAKER RUSSELLTRUSTEE ETA 875 JAQUELYN ST ASHLAND, OR 97520 Easy Peel"Address Labels E Bend along Ilne to expose Pop-up Edge-. t TREE-2020-00136 391E14BC2111 YOUNG MABEL R 841 BLACKBERRY LN ASHLAND, OR 97520 2ARO GAIL B TRUSTEE ET AL 1641 VERANDA PARK DR #321 MEDFORD, OR 97504 Planning Department, 51 WinbLh Way, Ashland, Oregon 97520 CITY OF PFF 541-488-5305 Fax� 541-552-2050, www.ashiand,or,us TTY: 1-800-735-2900 -ASHLAND NOTICE OF APPLICATION PLANNING ACTION: TREE-2020-00136 SUBJECT PROPERTY: Adjacent to 2810 Diane St. OWNER I APPLICANT: Michael Smith President ("lay Creek HOA DESCRIPTION: A request for approval to remove one large hazard tree identified as a large Alder tree on the bank of Clay Creek. The property is a vacant pat -eel of land dedicated as open space to the Clay Creek HOA. The application includes a letter from Victor's Tree Service describing the tree as having a large rotted area in the trunk, and a letter from the adjacent property owner expressing concern that the tree could fall towards his house, The application includes several photos documenting both the sever lean of the tree and the area of rot. The application states that the tree poses a hazard that cannot be alleviated by pruning, and that removal is the only option to mitigate the risk. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1 -5; MAP: 39 1E 14 BC;TAX LOT: 2111 NOTE: The Ashland Tree Commission will review this Planning Action at an electronic public hearing on Thursday, January 7, 2021 at 6:00 PM. See page 2 of this notice for information about participating in the electronic pubk hearing. IBM Subject Property Clear Creek HOA open space 39IE14BC Tax Lot 2111 PA_TRFF_7n9n_nni-4R OVER (,:kco5iiiii-dev\planiiitig\l'iagitiing Acdons\I'As by StreeADUane\Diane 1 TL211 a ConinionAre�TREFt-2020-00136\Noticini,,\Dlanc—I . L211 1._TRFE-2020-0136x_N0C doeC 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 !,11!pww aoir .§�-//wshland..uca�en . .. . ... ..................... ........ . ............ .............s/dar.as .......... . _....--p 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 10:00 am. 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 PC-public-testimony@ashiand.or.us by 10:00 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 line 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 1-8001-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting. (28 CFR 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 COVID-1 9 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 pjgnpj[jg�asl�larhd.or.us. A copy of the application, including all documents, evidence and applicable criteria are available online at "What's Happening in my City" at �is.as�hland.o�r.us/cle�velo rn�ent j�p posalsl. Copies of application materials, will be provided 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 emaifing pt inq gj _@ashland.or.us. Any affected property owner or resident has a right to submit written comments to Tannin ashland.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 1. 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 18.5A.050.0) The ordinance criteria applicable to this application are attachedto 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. If you have questions or comments concerning this request, please feel free to contact Aaron Anderson at Aarop.& rrd@rspn@qshIgncLor.tLs 541-488-5305. G ActionsTAs by SkicefflWiancOue T1,21 11 CoriinioiiArea\TREE-2020-0013(,\N'oliciiig\l)lane- IL-211 1—TREE-2020-0136NOCdoex 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 fail 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. C:lcomni-devlplanningT]anning AcdonsTAs by StrecllD\DianODiane_TIM 11_ConnnonAreaITRHG-2020-001361NoticinglDlane_TI,_211 1_TREr-2020-0136_NQC.doc% TREE-2020-00136 391E14BC2102 TREE-2020-00136 391E14BC1800 TREE-2020-00136 391E14BD1800 BERLIN ALAN S TRUSTEE ET AL BOHN LARRY ALANIMARGARET ELLA BOTTS DOUGLAS CRAIG/SHIRLEY D 2795 DIANE ST 858 CLAY ST 594 OAK KNOLL DR ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2020-00136 391 E14BC2500 TREE-2020-00136 391 E14BC8220 TREE-2020-00136 391 E14BC3300 BREWER FAMILY REVOCABLE TRUST DIXON CRESSE LIVING TRUST ET FRIEDMAN MARCIORTNER KENDRA 2804 DIANE ST 170 TESSA LN 915 JAQUELYN ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2020-00136 391 E14BC2800 TREE-2020-00136 391 E14BC8214 TREE-2020-00136 391 E14BC8219 GORDON DONALD AIGORDON JUSTIN GREEN IRVING TRUSTEE ET AL KIEKHAEFER PHILLIP A TRUSTEE 583 PRIM ST 862 BLACKBERRY LN 2255 SAM EVANS PL ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2020-00136 391 E14BC2103 TREE-2020-00136 391 El4BC2900 TREE-2020-00136 391 El4BC1900 KNEZ MARIJANA LAWRENCE-FORREST LORI L LIVNI GIL TRUSTEE ET AL 2785 DIANE ST 865 JAQUELYN ST 453 TUCKER ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2020-00136 391 E14BC8209 TREE-2020-00136 391 E14BD3500 TREE-2020-00136 391 E14BC2108 LOCKETT KIMBERLEYIDAVID OLI MC NICHOL K JIHUMPHREY M C MCCLINTOCK KAREN A TRUSTEE ET 853 BLACKBERRY LN 2920 DIANE ST 2790 DIANE ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2020-00136 391 El4BC2000 TREE-2020-00136 391 E14BC3100 TREE-2020-00136 MELLECKER DENNIS UPAULETTE M METHOT JOHN W/ALEJANDRA MICHAEL SMITH 2909 DIANE ST 885 JAQUELYN ST 2790 DIANE ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2020-00136 391 E14BC2110 TREE-2020-00136 391 E14BC2100 TREE-2020-00136 391 El4BC8217 MICHELSEN MARY-KAY TRUSTEE MIDDLETON BARBARA A TRUSTEE E NOWACKI STEPHANIE K/MARYEA E 2810 DIANE ST 2815 DIANE ST 858 BLACKBERRY LN ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2020-00136 391 El4BC8212 TREE-2020-00136 391 El4BC8000 TREE-2020-00136 391E14BC8200 RANSOM EDWARD C SCARMINACH M R JR/REGINA C SISKIYOU SOUTH HOMEOWNERS ASS 5625 MAMMOTH AVE 925 JAQUELYN ST 870 BLACKBERRY LN VAN NUYS, CA 91401 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2020-00136391E14BC3200 TREE-2020-00136391E14BC2111 TREE-2020-00136 391 E 1 4BC8218 SMITH RICHARD J TRUSTEE ET AL SPADONE MARIAN N ET AL VARNI TONY M/JANNEA 905 JAQUELYN ST 2805 DIANE ST 886 LOCKHART GULCH RD ASHLAND, OR 97520 ASHLAND, OR 97520 SCOTTS VALLEY, CA 95066 TREE-2020-00136 TREE-2020-00136 391 E14BC8211 TREE-2020-00136 391 El4BD3600 VICTOR'S TREE SERVICE WALKER SARAH K LIV TRUST ET A WEST BECKY JEAN LIVING TRUST 427 BERRYDALE AVE 834 BLACKBERRY LN 2919 DIANE ST MEDFORD, OR 97501 ASHLAND, OR 97520 ASHLAND, OR 97520 TREE-2020-00136 391 E14BC3000 WHITAKER RUSSELL TRUSTEE ET A 875 JAQUELYN ST ASHLAND, OR 97520 TREE-2020-00136 391E14BC8210 YOUNG MABEL R 841 BLACKBERRY LN ASHLAND, OR 97520 TREE-2020-00136 391E14BC8213 ZARO GAIL B TRUSTEE ET AL 1641 VERANDA PARK DR #321 MEDFORD, OR 97504 TREE-2020-00136 NOC 33 Diane Street TL 2111 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, 20201 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 the Planning Action #TREE-2020- 00136, Diane Street TL 2111 for Clay Creek Gardens. Signature of Employee Glcomnrd"lan6ing0audq kfionsWAs by SUeebManeVane TL2111_Com ahea4TREE-2020-00156TbWngXDiane_TL_2111_TREE-2020-00136_Affidawtdou 12+ 0020 K h Planning Division: e r r o s 51 Winburn Way, Ashland OR 97520 -AS HLAND 541-488-5305 Fax 541A88-6006 ZONING PERMIT APPLICATION TREE-2020-00136 FILE # DESCRIPTION OF PROJECT Removal of tree in HOA common area DESCRIPTION OF PROPERTY Pursuing LEED® Certification? ❑ YES 14NO Street Address 2830 Diane St. Assessor's Map No. 391 E 14 g c A l I 1 Tax Lot(s) Comp Plan Designation 6//t Zoning R—it APPLICANT Name Michael Smith Address 2790 Diane St Phone 541-941-7424 E-Mail tikimick@hotmail.com city Ashland zip 97520 PROPERTY OWNER Name Clay Creek Estates Homeowners Assn. Phone 541-941-7424 E-Mail tikimick@hotmail.COm Address 2790 Diane St _..... SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER Title Name Address Phone Title Name Phone Address GIV Ashland ZM97520 City City E•Mail E-Mail Zip Zip I hereby certify that Ma statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects, tnre and correct l 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 their location found to be incorrect, the owner assumes full responsibility. ! further understand that if this request is subsequently contested, the burden will be on me to establish. 1) that [produced sufficient factual evidence at the hearing to support this request; 2) that the findings of fact fumishad justifies the granting of the request; 3) that the findings of fact furnished by me are adequate; and further 4) that aft structures orimprovoments are properly located on the ground, Failure in this regard will result mo I likely In not I he request being set aside, but also posslbly In my structures being built in reliance thereon being required to be rQmovad at my expense. ! ea doubt dam advised to seek competent professional advice and assis ante. Applican s Sign tore Date As owner of the prop i nvolved In this request, I have read and understood the complete application and its consequences to me as a property owner. Property Owner's S gnatUre (required) Date ITO1* wriewuiQi$4 TYee Date Received 12.21.2020 Zoning Permit Type Removal Filing Feet $30.550 OVER N Received 12.21. z o � �: � n��u�� P«wlnrwikedooaa Proposed Findings of Fact in, support of tree rernoval apphcation Diane Street 1. The tree to be removed is an alder, with a DBH of 96" and is adjacent to Clay Creek and 40'south of Diane Street, The tree is located in an unoccupied common area maintained by the Clay Creek Homeowners Association which consists of 14 lots located in the Diane Street neighborhood. (See Plot map) 2. The tree is expected to be removed as soon as, city approval is obtained and is to be replaced by a 1 Y2" caliper Oregon Ash in the area further back from Clay Creek. 3. The tree is rotted near the base of the trunk as can be seen from pictures included with the tree removal application.It appears to be a hazard tree in that it presents a public safety hazard, that cannot be alleviated by further pruning, treatment or relocation. (See letters from Victor's Tree Service and from neighbor, Mary Kay Michelson)) Received 1221.2020 VICTOR'S TREE SERVICE 427 Berrydale Avenue, Medford OR 97501 541-301-6457 To Whom it May Concern: I am an arborist and have examined the alder tree located at 2770 Diane Street. It appears to be rotted in a 4' area of the trunk nearest the creek . It is leaning out over the adjacent creek and is in danger of 4alling across the creek and if, so it would likely strike the residential structure located at 2810 Diane Street. In my opinion I believe that this tree presents an immediate and present danger of falling and would likely result in damage to the adjacent structure. If you have any questions please contact me at the above number. Very truly yours, Vict arozco r r Received 12.21.2020 Mary Kay Michelson 2810 Diane Street Ashland, Oregon 97520 December 16, 2020 Gear City of Ashland Planning Division, Re: Tree Removal Application Dear City Staff, l am writing in support for the Clay Creek Homeowner's Association's plan to remove the large Alder tree that Is on the Iona' of Clay Creek. For some years now, I have been concerned that this tree could fail in the direction of my home, which is on the other bank of that same creek. It Means In the direction of my house and is sufficiently tall to damage my roof and the side of the house. I' have watched it suffer increasingly dead sections for the past five years and notified the Association after securing bids to remove it. 'Due to a shortage of funds, the association could not previously remove it, and more and more branches have failed since that time. The Association has been reserving dues during this time and is now able to cover the cost of its removal. With bids from three different arborists, and an informal consultation with the City of Talent arborlst, it is clear that the time for its removal is now, By the way, I live in the only property effected by this tree. I am grateful that it will be removed before it falls down in the direction of my home. Sincerely, Mary Kay III e w " Is 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-2020-00136 PPIy Date: 12/21/2020 &TxLot Pro ert' Address 391 E14BC2111 Owner: Clay Creek Homeowners Association Applicant: Michael Smith Owner 2790 Diane St Applicant 2790 Diane St Address: Ashland, OR 97520 Address: Ashland, OR 97520 Phone: (541) 941-7424 Phone: (541) 941-7424 I Removal of Alder Tree in HOA common area next to 2810 Diane Street I Fee Description: Amount: Tree Removal/Verification Fee (Type 1) $30.50 Applicant: Date: Total Fees: $30.50