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Home My WebLink AboutBirchwood_2181_PA-TREE-2021-00158CITY or S LAN August 27, 2021 Notice of Final Decision On August 27, 2021, the Community Development Director approved the request for the following: Planning Action: TREE -2021-00158 Subject Property: 2181 Birchwood Ln Applicant: Geri Esposito and Jack Defonatine Description: A request to remove two Linden trees at the property located at 2181 Birchwood St. One tree is located in the front of the home approximately 8.5' from the foundation, the other is located along the side of the house and is 3.5' from the house. The applicant lists a number of reasons to request the removal including that the trees are a nuisance but also that their location to the foundation of the house is likely to cause `issues with the foundation.' COMPREHENSIVE PLAN DESIGNATION: Multi -Family Residential; ZONING: R-2; ASSESSOR'S MAP #: 391ElICC; TAX LOT: 1700. The Community Development Director's decision becomes final and is effective on the 12th 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: 541-08-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us M-111 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 18.5.1.050.0.1, 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. Time 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 of,4ppeal. 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 net 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 nova 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 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 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 Tal: 541488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2940MR www.ashland.or.us FAILIN ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA -TREE -2021-00158 SUBJECT PROPERTY: 2181 Birchwood St. OWNER/APPLICANT: Geri Esposito and Jack Defonatine DESCRIPTION: A request to remove two Linden trees at the property located at 2181 Birchwood St. One tree is located in the front of the home approximately 8.5' from the foundation, the other is located along the side of the house and is 3.5' from the house. The applicant lists a number of reasons to request the removal including that the trees are a nuisance but also that their location to the foundation of the house is likely to cause `issues with the foundation.' COMPREHENSIVE PLAN DESIGNATION: Multi Family Residential; ZONING: R-2; MAP: 39 1 11 CC; TAX LOT: 1700 SUBMITTAL DATE: July 20, 2021 DEEMED COMPLETE DATE: July 27, 2021 STAFF APPROVAL DATE: August 27, 2021 DEADLINE TO APPEAL (4:30 p.m.): September 8, 2021 FINAL DECISION DATE: September 9, 2021 APPROVAL EXPIRATION DATE: March 9, 2023 DECISION This proposal is to remove two trees from the property that is located at 2181 Birchwood Lane. Birchwood Lane is a private road which was created as part of "Birchwood at Ashland, A planned community" (approved by PA#98-113 and recorded as CS 16178). The property is zoned R-2, and the subdivision is developed with attached duplexes, due to this fact the standard exemption for single family homes on lots that can not be further developed does not apply*. The trees proposed for removal are both Linden trees one in the front yard, and one in the side yard and are located 8.5' and 3.5' away from the foundation respectively. The application lists a number of reasons why the applicant wishes to remove the trees including the fact that these trees are generally the wrong stature to be located so close to the home considering that the trees are not fully mature and will continue to increase in size. The trees also cause excessive droppings in the form of both sap, leaves and other debris which in turn requires the frequent cleaning of the gutters. The application included a number of photos of the trees which clearly showed that the root zone of the trees are clearly encroaching on the building foundation. The applicant has stated that they intend to plan mitigation trees from an HOA approved species that will be more appropriate for the space. In accordance with the Land Use Ordinance, Notice of Complete Application (HOCA) was tailed to all surrounding properties within 200' of the subject property as well as a physical notice posted along the frontage. No public comment received either in favor or against. * Note that the regulations have since changed to include an exemption for duplexes with the adoption of Ordinance 43199 which amended the band Use Ordinance as required by House Bill 2001 from the 80th Oregon Legislative Assembly, 2019 Regular Legislative Session. TREE -2021-00158 2181 Birchwood St../aa Page 1 At the August regular meeting of the Tree commission the application was reviewed. Staff presented the application and provided an overview for the reason to request the removal. The Tree Commission, after a brief deliberation, determined that the location of the tree and the damaged being caused consisted a hazard and voted unanimously to approve the application as submitted. To be deemed a "hazard tree" the condition or location of the tree must clearly present a public safety hazard. Or, that there is a 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 and a site visit by staff, it is reasonable to conclude that the subject tree is indeed posing a hazard to the foundation of the building and therefore ought to be removed. Staff finds that the tree, due to its location and size, poses an unacceptable hazard to the property that cannot be reasonably alleviated by means other than removal and replacement. Staff finds the application has sufficiently demonstrated compliance with all applicable approval criteria. The criteria for a Tree Removal Permit are described in AMC Chapter 18.5.7.040.8 as follows: ?. 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. Staff finds that Planning Action 4TREE-2020-00158, 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 -2020-00158 is approved. If any one or more of the following conditions are found to be invalid, for any reason whatsoever, then Planning Action #TREE -2020-00158 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. August 26, 2021 Bill Molnar, Director Date Department of Community Development TREE -2021-00158 2181 Birchwood 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 8127121 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 -2021-00158, 2181 Birchwood. � ' zete .Q Signature of Employee DocumenM 8127f2021 TREE -2021-00158 391 ElIC0700 TREE -2021-00158 391E11CC90004 TREE -2021-00158 391E11CC400 ABEL LOUISE J ET AL ALESSANDRELLI ROBERT L TRUSTE BABCOCK MICHAEL CIELIN R 2141 BIRCHWOOD LN 2025 LAKERIDGE DR PO BOX 1176 ASHLAND, OR 97520 RENO, NV 89509 ASHLAND, OR 97520 TREE -2021-00158 391 E11 CC2400 BARATS GREG/DENISE 38 NORTHINGTON DR AVON, CT 6001 3 TREE -2021-00158 391 E11 CC2000 BENEDICTE MEG 2172 BIRCHWOOD LN ;ASHLAND, OR 97520 TREE -2021-00158 391 E 11 CC500 BLEIWEISS PETER RICHARD TRUST 1131 HIGHWOOD DR .ASHLAND, OR 97520 . .............. - - TREE -2021-00158 391 El 1 CC1700 j DEFONTAINE JACK F TRUSTEE ET '2181 BIRCHWOOD LN ASHLAND, OR 97520 TREE -2021-00158 391 ElICC90007 ELLER SHARON ET AL 7027 N TENTH AVE PHOENIX, AZ 85021 TREE -2021-00158 391 E11 CC1100 HALL GARY SCOTTIJENITH DERRY ;2117 BIRCHWOOD LN ASHLAND, OR 97520 TREE -2021-00158 391 E11 CC2100 JANDERNOA ELIZABETH A TRUSTEE 251 VILLAGE PARK DR ASHLAND, OR 97520 TREE -2021-00158 391E11CC2500 LAMONT JOAN D TRUSTEE ET AL 2132 BIRCHWOOD LN `ASHLAND, OR 97520 TREE -2021-00158 391 EI I CC90000 BARCLAY SQUARE CONDOMINIUM LL RUSS DALE (OFFICE 235 S OAKDALE AVE MGR MEDFORD, OR 97501 TREE -2021-00158 391 E11CC800 BIRCHWOODS ASHLAND HOMEOWNERS 2117 BIRCHWOOD LN ASHLAND, OR 97520 TREE -2021-00158 391 E1.1 CC80001 CHANDLER SARAH S TRUSTEE ET A 1 SKYLINE DR 3315 MEDFORD, OR 97504 TREE -2021-00158 391 E11 CC1900 DU QUENNE REGINA MARIE TRUSTE 2180 BIRCHWOOD LN ASHLAND, OR 97520 .................... TREE -2021-00158 391 E11 CC90012 GOLDMAN JUDY DARLENE 2241 MCCALL DR ASHLAND, OR 97520 TREE -2021-00158 391E11CC90016 HOFFMEISTER MARTHA A TRUSTEE 2223 MCCALL DR ASHLAND, OR 97520 TREE -2021-00158 391 E11 CC90010 JOY ENTERPRISES LLC BASS DEANNA S 545 THIRD ST 2972 MONUMENT, CO 80132 TREE -2021-00158 391EIlCC2800 LEVIN PAULINE 2116 BIRCHWOOD LN ASHLAND, OR 97520 TREE -2021-00158 391 E11 CC2700 BARRY JEFFREY 2124 BIRCHWOOD LN ASHLAND, OR 97520 TREE -2021-00158 391 E11 CC1500 BIRCHWOODS AT ASHLAND 990 N PHOENIX RD 105 MEDFORD, OR 97504 TREE -2021-00158 391 E11 CC600 CHIANELLO STEPHEN A TRUSTEE E 2149 BIRCHWOOD LN ASHLAND, OR 97520 TREE -2021-00158 391 E11 CC90015 DUPREELUANA 2221 MCCALL DR ASHLAND, OR 97520 TREE -2021-00158 391 E11 CC90013 GORHAM BRADLEY R 2211 MCCALL DR ASHLAND, OR 97520 TREE -2021-00158 391 E11 CC2200 HOME AT LAST LLC SKOLNIK LILLY 1730 IRVING ST DENVER, CO 80204 TREE -2021-00158 391 E11 CC1000 KIRKWOOD JAMES CARTER TRUSTEE 2125 BIRCHWOOD LN I ASHLAND, OR 97520 1 TREE -2021-00158 391 E11 CC900 MAHER MARY Z 2133 BIRCHWOOD LN ASHLAND, OR 97520 TREE-2021-00158391E11CC1600 TREE-2021-00158391E11CC2300 TREE -2021-00158391 EllCC80000 MCLAUGHLIN PAMELA RAE TRUSTEE MOCKRIDGE CAROL A TRUSTEE ET OCEAN COVE LLC 255 SCENIC DR 2148 BIRCHWOOD LN 3849 SHAMROCK ASHLAND, OR 97520 ASHLAND, OR 97520 MEDFORD, OR 97504 __s _ t i I` kl iI��P,, ♦ I�3�E �I i�i��ili�y, li'y f4��`�i{�I6P".�� ili TREE-2021-00158 391 E11 CC90014 TREE-2021-00158 391 E11 CC90009 TREE-2021-00158 391 E11 CC201 PALMER ALICE C RAMAN PADMAIANANT SIPLE KATHLEEN KIM TRUSTEE ET 2213 MCCALL DR 2233 MCCALL DR 1968 TREEWOOD LN ASHLAND, OR 97520 ASHLAND, OR 97520 SAN JOSE, CA 95132 TREE-2021-00158391E11CC80003 TREE-2021-00158391E11CC90006 TREE-2021-00158391 ElICC90008 WASHINGTON FEDERAL ATTN: WEST LILLIAN R WHITE JAMES J ET AL SPECIAL ASSETS 230 WILSON RD 800 PIONEER DR 425 PIKE ST ASHLAND, OR 97520 REDDING, CA 96001 i SEATTLE, WA 98101 ................... TREE-2021-00158 391 E11 CC200 TREE-2021-00158 391 E11 CC202 2181 Birchwood WICKMAN CALEB WIANDREE WILDMAN ROBERTIWILDMAN ALLISO NOD 8127121 400 CLAY ST 420 CLAY ST 38 ASHLAND, OR 97520 I j :ASHLAND, OR 97520 I i i I � / �� U/0% M ro \ ",/,"E,E,"m Planning Department, 51 Winbui,, Jay, Ashland, Oregon 97520 CITY OF pr, 541.488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-500-735-2900 -ASHLAND M1 I [$]:to] I M_' PLANNING ACTION: TREE -2021-00158 SUBJECT PROPERTY: 2181 Birchwood Ln OWNER/APPLICANT: Geri Esposito and Jack Defonatlne DESCRIPTION: A request to remove two Linden trees at the property located at 2181 Birchwood St, One tree is located in the front of the home approximately 85 from the foundation, the other is located along the side of the house and is 35 from the house. The applicant lists a number of reasons to request the removal including that the trees are a nuisance but also that their location to the foundation of the house is likely to cause "Issues with the foundation.' COMPREHENSIVE PLAN DESIGNATION: Multi -Family Residential; ZONING: R-2; ASSESSOR'S MAP #: 391 E 11 CC; TAX LOT: 1700 NOTE: The Ashland Tree Commission will review this Planning Action at an electronic public' earing on Thursday, August 5, 2021 at 6:00 PM. See page 2 of this notice for information about participating in the electronic public hearing. 10MR111 :10 1616114101941 aT111110M I gig 0 94010 1 VAIM I,, I OVER by St5ectNBkliirchivoodkBirchwooi 2191 TRC EE-2021-00,158�NO\Biuchwuud-2181 d TREF-2021-00159 NOCocx (; Tree Commission Meetings 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 portidpateinany discussion, you can use the Zoom link posted on the City of Ashland calendar website 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 Thursday, August 5, 2021 before the TC 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) inciude your name, 3) specify the date and commission meeting you wish hatestify at, 4]specify the agenda item you wish bospeak to, 5)specify ifyou will beparticipating bvcomputer ortelephone, and 6) the name you will use if participating by computer or the telephone number you will use if participating by telephone. In compliance wfth the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at541-488-G8O2(TTY phone number 1 -88U'735 -390O). Notification 72hours prior tothe meeting will enable the City tomake reasonable arrangements toensure accessibility tothe meeting. (28CFR 35.1O2.-35.1O4ADA Title |). 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 onHne and comments will be, accepted byemail. Alternative arrangements for reviewing the application or submitting comments can be made by contacting (541) 488-5305 mr . Acopy ofthe application, inc�mdingat] documents, evidence and appUicmb|ecriteria are evaiiab|eonline, ut^Whot's Happening inn0yCity" et Copies ofapp|icaflonrmateria|gwU|beprovided at reasonable cost. if requested. Under extenuating circumstances, application materiels may be requested to be reviewed in-person stthe Ashland Community Development & Engineering Services Bui|ding, 51 Winbmrn VVay, vim e pre -arranged appointment bycalling (54l)488-53O5oremai|inQ p1qEDjDgagahland,or. Lis Any affected property owner or resident has a right to submit written comments to or to the City of Ashland Plan nimQDivision, S1 WinburmWay, Ashland, Oregon S7520prior to4:3Op,m,mothe deadline date shown omPage 1. Ashland Planning Division Staff determine if o 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 sha,Umake a final decision mnthe application, Anotice ofdecision immaiUedto the same properties within 5days ofdecision. An appeal tothe Planning Commission qfthe Planning Division Staff's decision must be made in writing to the Ashland P|onnlmg Division within 12 days, from the date of the mailing of final decision. (AMC 18.5.1.050.G) The ordinance ohbaha applicable to this appYcatun are attached to this notice. Oregon law states that tmUume to raise an ubjeotimn concerning this app�|ioation. by |etter, or failure to provide sufficient specificity to afford the decision maker an opportunitytnrespcndtutheimeue.pneoUudesyowrrightofappee|tothmLandUseBoandofAppea|a(LUBA)omthetissue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to L0B/\on that criterion. Failure nfthe applicant to raise constitutional or other issues na|otinB to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes anaction for damages incircuit court. lfyou have questions or cornments concerning this request, please feel free to contact Aaron Anderson at 541-488-5305 or 1. Hazard Tree. AHazard Tree Removal Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can bemade toconform through the imposition ofconditions, u. 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 inpart 18.8. b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant tosection 1O5.7.050. Such mitigation requirements shall haacondition ofapproval nfthe permit. 2, Tree That is Not a Hazard. A Tree Remov-' Oermit for a tree that is not a hazard shall be granter? "+he approval authority finds that the application meets all of the following criteria, or can bE ,1e to conform through the imposition of conditions. a. The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance requirements and standards, including but not limited to applicable Site Development and Design Standards in part 18.4 and Physical and Environmental Constraints in part 18,10. b. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks. c. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. d. Nothing in this section shall require that the residential density to be reduced below the permitted density allowed by the zone. In making this determination, the City may consider alternative site plans or placement of structures of alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with the other provisions of this ordinance. e, The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to section 18,5.7,050. Such mitigation requirements shall be a condition of approval of the permit, G:\tonin-dev\planning\PlaiiningActionsTAsbyStroct\B\Bireliwacd\Birchwood_2181 TREE-2021-00159\NOC\Birclfwood_21$1_TREE-2021-OMS NOC.docx 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 July 27, 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 -2021-00158, 2181 Birchwood Ln. zli 11axileoff Signature of Employee G.Scorran-devlplanoinglPlanning Acdons PAs by Stree08lBirchwoodd3irchwood_2181 TREE-2021-00158NOClBirehwood_2181_TREE-2621 Bfl158_AFFIDAVIT OF MAILIWAwx 7/27)2021 TREE -2021-00158 391E11CC 1700 ABEL LOUISE J ET AL 2141 BIRCHWOOD LN ASHLAND, OR 97520 TREE -2021-00158 391E11CC 1700 BARATS GREG/DENISE 38 NORTHINGTON DR AVON, CT 6001 TREE -2021-00158 391E11CC 1700 BENEDICTE MEG 2172 BIRCHWOOD LN ASHLAND, OR 97520 TREE -2021-00158 391E11CC 1700 BLEIWEISS PETER RICHARD TRUST 1131 HIGHWOOD DR ASHLAND, OR 97520 TREE -2021-00158 391E11CC 1700 DEFONTAINE JACK F TRUSTEE ET 2181 BIRCHWOOD LN ASHLAND, OR 97520 TREE -2021-00158 391E11CC 1700 ELLER SHARON ET AL 7027 N TENTH AVE PHOENIX, AZ 85021 TREE -2021-00158 391E11CC 1700 HALL GARY SCOTT/JENITH DERRY 2117 BIRCHWOOD LN ASHLAND, OR 97520 TREE -2021-00158 391E11CC 1700 JANDERNOA ELIZABETH A TRUSTEE 251 VILLAGE PARK DR ASHLAND, OR 97520 TREE -2021-00158 391E11CC 1700 LAMONT JOAN D TRUSTEE ET AL 2132 BIRCHWOOD LN ASHLAND, OR 97520 TREE -2021-00158 391E11CC 1700 MCLAUGHLIN PAMELA RAE TRUSTEE 255 SCENIC DR ASHLAND, OR 97520 EasyPeel�! cldressbbds TREE -2021-00158 391E11CC 1700 ALESSANDRELLI ROBERT L TRUSTE 2025 LAKERIDGE DR RENO, NV 89509 TREE -2021-00158 391E11CC 1700 BARCLAY SQUARE CONDOMINIUM LL RUSS DALE (OFFICE 235 S OAKDALE AVE #MGR MEDFORD, OR 97501 TREE -2021-00158 391E11CC 1700 BIRCHWOODS ASHLAND HOMEOWNERS 2117 BIRCHWOOD LN ASHLAND, OR 97520 TREE -2021-00158 391E11CC 1700 CHANDLER SARAH S TRUSTEE ETA 1 SKYLINE DR #3315 MEDFORD, OR 97504 TREE -2021-00158 391E11CC 1700 DU QUENNE REGINA MARIE TRUSTE 2180 BIRCHWOOD LN ASHLAND, OR 97520 TREE -2021-00158 391E11CC 1700 GOLDMAN JUDY DARLENE 2241 MCCALL DR ASHLAND, OR 97520 TREE -2021-00158 391E11CC 1700 HOFFMEISTER MARTHA A 2223 MCCALL DR ASHLAND, OR 97520 TREE -2021-00158 391E11CC 1700 JOY ENTERPRISES LLC BASS DEANNA S 545 THIRD ST #2972 MONUMENT, CO 80132 TREE -2021-00158 391E11CC 1700 LEVIN PAULINE 2115 BIRCHWOOD LN ASHLAND, OR 97520 TREE -2021-00158 391E11CC 1700 MOCKRIDGE CAROL A TRUSTEE ET 2148 BIRCHWOOD LN ASHLAND, OR 97520 Etiquettes d'adresse Easy Peel Rr, plie-.) f,i I1.1cImro. fin de.. revOorle rel)nrcf RnpTup s 3'REE-2021-00158 391E11CC 1700 BABCOCK MICHAEL C/ELIN R PO BOX 1176 ASHLAND, OR 97520 TREE -2021-00158 391E11CC 1700 BARRY JEFFREY 2124 BIRCHWOOD LN ASHLAND, OR 97520 TREE -2021-00158 391E11CC 1700 BIRCHWOODS AT ASHLAND 990 N PHOENIX RD #105 MEDFORD, OR 97504 TREE -2021-00158 391E11CC 1700 CHIANELLO STEPHEN A TRUSTEE E 2149 BIRCHWOOD LN ASHLAND, OR 97520 TREE -2021-00158 391E11CC 1700 DUPREE LUANA 2221 MCCALL DR ASHLAND, OR 97520 TREE -2021-00158 391E11CC 1700 GORHAM BRADLEY R 2211 MCCALL DR ASHLAND, OR 97520 TREE -2021-00158 391E11CC 1700 HOME AT LAST LLC SKOLNIK LILLY 1730 IRVING ST DENVER, CO 80204 TREE -2021-00158 391E11CC 1700 KIRKWOOD JAMES CARTER TRUSTEE 2125 BIRCHWOOD LN ASHLAND, OR 97520 TREE -2021-00158 391E11CC 1700 MAHER MARY Z 2133 BIRCHWOOD LN ASHLAND, OR 97520 TREE -2021-00158 391E11CC 1700 OCEAN COVE LLC 3849 SHAMROCK MEDFORD, OR 97504 TREE -2021-00158 391E11CC 1700 PALMER ALICE C 2213 MCCALL DR ASHLAND, OR 97520 TREE -2021-00158 391E11CC 1700 WASHINGTON FFEDERAL ATTN: SPECIAL ASSETS 425 PIKE ST SEATTLE, WA 98101 TREE -2021-00158 391E11CC 1700 WICKMAN CALEB W/ANDREE 400 CLAY ST ASHLAND, OR 97520 TREE -2021-00158 391E11CC 1700 RAMAN PADMA/ANANT 2233 MCCALL DR ASHLAND, OR 97520 TREE -2021-00158 391E11CC 1700 WEST LILLIAN R TRUSTEE ET AL 230 WILSON RD ASHLAND, OR 97520 TREE -2021-00158 391E11CC 1700 WILDMAN ROBERT/WILDMAN ALLISO 420 CLAY ST ASHLAND, OR 97520 Go toavefycom/tet"Pl, -s i TREE -2021-00158 391E11CC 1700 SIPLE KATHLEEN KIM TRUSTEE ET 1968 TREEWOOD LN SAN JOSE, CA 95132 TREE -2021-00158 391E11CC 1700 WHITE JAMES J ET AL 800 PIONEER DR REDDING, CA 96001 I A [A �$ � I ? B L 4. SI 11 Planning Division kni CITY OF 51 Winburn Way, Ashland OR 97520 ,ASHLAND 541-488-5305 Fax 541-488-6006 DESCRIPTION OF P W19 A1A1Z>Vk1 . ...... ...... DESCRIPTION OF PROPE Street Address 2-1 0 Pursuing LEEDO Cofficallon? 11 YES 0 NO Assessor's Map No. 39 1 E Tax Lots) Zoning Comp Plan Designation APPLICANT C F� I 'Po's I Tul 0� Al 4A) �� Phone 163D - 762 -7ksl E -Mail �rA Name T>OZ r _ - j Address 2-1 0 I -IJ city * 0"L -1,01v zip ) 5, 'X_e) I PROPERTY OWNER o 70?'US-U P�- f, P T%j - Name o V7 -A- j 4 et-, Phone 13 01 7 0 9 E -Mail J'A-r4(%e :J14,) 4, . C, /0V Address N i PO L,,6J City As It' 1"o -W-0 Zip SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER Title Name Address Title Name Address Phone, Phone E -Mail City ZIP E -Mail City . . . . ............. Zip I hereby certify that the statements and information contained in this application, Including the enclosed drawings and The required findings of fact, are In all respects, tare and ooffect. I 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 responsiblifty. I further understand that If this request is subsequently contested, the burden will be on me to establish: t that I produced sufficient factual evidence at the hearing to support this request; 2) that the findings of fact lumishodJustilles 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 properly located on the ground, Failure In flits 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 y eve d atm I I arra dvised o seal(compte it professional advice and asst tance "20 o7z/ )%iChcintls s(analule Date in this request, I have read and understood the complete application and its consequences to me as a property Date fro bo wnpfeleoy(ci� Sun] Hate Received Zoning Permit Type Filing Fee $ OVER 0 G.Vamn1-dovV1anAllflSWonus & HudauWning PermW Appflcnllamdu ZONING PERMIT SUBMITTAL REQUIREMENTS ❑ APPLICATION FORM must be completed and signed by both applicant and property owner. ❑ FINDINGS OF FACT-- Respond to the appropriate zoning requirements in the form of factual statements or findings of fact and supported by evidence. List the findings criteria and the evidence that supports it. Include information necessary to address all Issues detailed in the Pre -Application Comment document. ❑ 2 SETS OF SCALED PIANS no larger than 11x17". Include site pian, building elevations, parking and landscape details. (Optional —1 additional large set of plans, 2'xT, to use in meetings) ❑ FEE (Check, Charge or Cash) ❑ LEEK CERTIFICATION (optional) — Applicant's wishing to receive priority planning action processing shall provide the following documentation with the application demonstrating the completion of the following steps: • Hiring and retaining a LEEDS Accredited Professional as part of the project team throughout design and construction of the project; and • The LEEDS checklist Indicating the credits that will be pursued. NOTE: • Applications are accepted on a first come, first served basis. • Applications will not be accepted without a complete application form signed by the applicant(s) AND property owner(s), all required materials and full payment. • All applications received are reviewed for completeness by staff within 30 days from application date in accordance with ORS 227.178. • Thefirst fifteen COMPLETE applications submitted are processed at the next available Planning Commission meeting. (planning Commission meetings Include the Hearings Board, which meets at 1:30 pm, or the full Planning Commission, which meets at 7:00 pm on the second Tuesday of each month, Meetings are held at the City Council Chambers at 1175 Fast Main St). • A notice of the project request will be sent to neighboring properties for their comments or concerns. • if applicable, the application will also be reviewed by the Tree and/or Historic Commissions. 0Acar=4aAptw;€nglF*M do HMdCuUV-9cin9Pm1i1ApplipdMdoo Liz Hamilton From: Aaron Anderson Sent: Tuesday, July 20, 2021 7:48 AM To: Geri esposito Cc: Adam Hanks; Bill Molnar; Regan Trapp; Liz Hamilton Subject: RE: Application for removal of two Linden Trees and list of replacement trees. Fallow Up Flag: Fallow up Flag Status: Flagged Hi Geri, Thank you for the application and the reasons for the tree removal request. Unfortunately the resolution of the application is too small to be able to be read. Can you please send a higher resolution copy of the application or feel free to drop it off at our office today. The Front counter is open from 9am — 1pm. Once we receive a copy of the application that is legible we will get this entered into our system and contact you for payment or any other missing information. You application should go before the tree commission for review at their August meeting. Please let me know if you have any questions. Thank you Aaron Anderson, CFM Associate Planner City of Ashland, Community Development 51 Winburn Way, Ashland, Oregon 97520 541-552-2052, TTY - 800-735-2900 FAX - 541-552-2050 This email transmission is official business of the City of Ashland , and it is subject to Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at (541) 552-2052. Thank you. From: Geri esposito <gerijack@gmail.com> Sent: Monday, July 1.9, 20218:09 PM To: Adam Hanks <adam.hanks@ashland.or.us> Cc: Aaron Anderson <aaron.anderson@ashland.or.us> Subject. Application for removal of two Linden Trees and list of replacement trees. (EXTERNAL SENDER] Adam My neighbor, Gina DuQuenne, suggested that you may be able to give us assistance with our application for the removal of two linden trees on our property. We just want to remove the two linden trees which will be replaced with two trees that are on "The Birchwoods of Ashland Homeowners Association" approved tree list. Please know that we love trees and that is why we want to replace them with trees that will be more appropriate for the space. Our reasons for this request are listed below. I have spoken with Aaron Anderson who has been very helpful and told me I needed to get this application to him no later than July 26 if I want it to be included in the next Tree Commission meeting on August 5. We would appreciate anything you can do help make this process go smoothly. We are requesting the removal of the two Linden trees on our property at 2181 Birchwood Lane, Ashland,Oregon. We will replace the two Linden trees with two trees that are part of "The Birchwoods at Ashland Homeowners" approved tree list. The Birchwoods at Ashland Homeowners Association list of approved trees to plant as new trees and/or as replacement trees are: Cercis variety 'Merlot' Crape Myrtle varieties 'Natchez' white, 'Dynamite' red, or 'Watermelon' deep rose -red Japanese Maple, standard green variety (Acer palmatum) or'Bloodgood' Dogwood variety 'Venus' Kwanzan Cherry These are the reasons for this request to remove the two Linden trees: 1) Linden trees are not on the City of Ashland's approved Fire -wise tree list. 2) Linden trees are shallow rooted, invasive and can cause issues with foundations 3) Linden trees attract Insects. Aphids leave sticky sap on the leaves and cottony scale insects look like fuzzy growths on the twigs and stems. Linden trees secrete sap like no other. Just one of these trees can coat your car, your lawn and your walkway in a sticky film of sap. 4) The tree in our front yard is 8 feet 6 inches (102 inches) from our house, has visible large roots and has coated our car, our plants, our walkway and our driveway with the sticky film of sap and debris. When the sap is on the driveway it is very slippery and we have slipped walking on it. In addition, when the tree sheds the debris clogs our gutters and gets all over our landscaping, entrance walkway to our house and our driveway. 5) The Linden tree on the side of our house is 3 1/2 feet (42 inches) from our house. The sticky sap goes onto the walkway on the side of the house. This walkway is used by the public as a shortcut to go to the YMCA or stores in the Albertson shopping center. We have had issues with people almost falling due to the sticky slippery sap on this path. In addition the debris and sap from this Linden tree comes over our fence and falls directly on our air -conditioner condenser. In short, these trees create a mess. 6) Linden trees grow 60 to 80 feet high.This is the wrong size tree for our small development and our smaller yard. 7) Researchers have found that the mass death of bumblebees is due partly to ineffective metabolism of linden nectar and partly to a toxin in the nectar that impairs the bees' nervous systems. Specifically, in cool morning temperatures, the energy that the bees get from nectar isn't enough for constant flight, so the bees are forced to crawl on the ground and may not be able to regulate their body temperature. Also, the linden nectar is loaded with toxic chemicals, so bees that continue feeding on it eventually die. The linden trees are just a small piece of the larger puzzle of what is causing bumblebee declines all over the world, but may point researchers working on other causes in new directions. 8) Just as important to us is the fact that it is dangerous for people our age (72 and 73 years of age) to be climbing ladders to clean the gutters. When the Linden trees are shedding, our gutters need to be cleaned every few days because debris builds causing in the gutters creating an increased fire risk. Hiring someone to maintain the gutters so often is cost prohibitive. Our walkways and driveways need to be cleaned every other day as well or they become hazardous with debris and sap. We believe that the list above is sufficient enough for the tree commission to consider this request and hope that you will approve it. Below are photos to accompany the application and the application itself. If you have any questions, please call Geri at 830 708 7650. Thank you Geri Esposito and Jack DeFontaine These are photos of the Linden tree which is in the front of our house at 2181 Birchwood Lane which 8 feet 6 inches from our home. The first photo was taken from the side, the second and third are of the tree roots and the fourth and fifth are from the front view. 3 These are photos of the Linden Tree on the side of our house at 2181 Birchwood Lane which is 3 1/2 feetFt from our house. The waikway towards the door at the end of the photo is the path that is used by the public to go to the YMCA and Albertson's shopping center. This is our application,. 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 TRPB-2021-00158 Apply Date: 7/20/2021 1 391 E11 CC1700 1 2181 Birchwood Ln I y M �- Owner: Jack Defontaine Trust Applicant: Mack Defontaine Trust Owner 2181 Birchwood Ln Applicant 2181 Birchwood Ln Address: Ashland, OR 97520 Address: Ashland, OR 97520 Phone: (830) 708-7651 Phone: (830) 708-7651 Removal of (2) Linden Trees and mitigation with (2) trees Fee Description: Amount: Tree RemovaiNerification Fee (Type 1) $100.00 Applicant: Date: $100.00