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HomeMy WebLinkAboutGresham_111_TREE-2022-00197CITY OF -ASHLAND December 15, 2022 Notice of Final Decision On December 15, 2022, the Community Development Director approved the request for the following: Planning Action: PA -TREE -2022-00197 Subject Property: 111 Gresham St. Applicant: Canopy LLC for Roger Ledbetter Description: A request to remove one large cedar tree at the south side of the property at 111 Gresham St. The tree's proximity to the existing fence and neighboring patio has caused extensive damage. In order to repair the damage, and prevent future damage, the tree is proposed for removal. The application includes a letter from Canopy LLC recommending removal. COMPREHENSIVE PLAN DESIGNATION: Multi -family residential; ZONING: R-2; MAP: 39 1E 09 CA, TAX LOT: 8100. 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 Johanna Tuthill in the Community Development Department at (541) 488-5305. cc: Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.orms 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 185.1.050.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 18.5.1.050.6.1, 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 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 ofNotice ofAppeal. The notice of appeal shall be accompanied by the required filing fee and shall contain. i. An identification of the decision being appealed, including the date of the decision. ii. A statement demonstrating the person filing the notice of appeal has standing to appeal. iii. A statement explaining the specific issues being raised on appeal. iv. A statement demonstrating that the appeal issues were raised during the public comment period. d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a jurisdictional defect and will not be heard or considered. 3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de 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 band Use Board of Appeals, pursuant to ORS 197.805 - 197.860. COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 ftburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY; 800-735-2900 www.ashland.or,us railialk ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA -TREE -2022-00197 SUBJECT PROPERTY: 1 I 1 Gresham St. OWNER/APPLICANT: Canopy LLC for Roger Ledbetter DESCRIPTION: A request to remove one large cedar tree at the south side of the property at 111 Gresham St. The tree's proximity to the existing fence and neighboring patio has caused extensive damage. In order to repair the damage, and prevent future damage, the tree is proposed for removal. The application includes a letter from Canopy LLC recommending removal. COMPREHENSIVE PLAN DESIGNATION: Multi -family residential; ZONING: R-2; MAP: 39 1E 09 CA, TAX LOT: 8100 SUBMITTAL DATE: November 17, 2022 DEEMED COMPLETE DATE: November 29, 2022 STAFF APPROVAL DATE: December 15, 2022 DEADLINE TO APPEAL (4:30 p.m.): December 27, 2022 FINAL DECISION DATE: December 28, 2022 APPROVAL EXPIRATION DATE: June 28, 2024 DECISION This proposal is to remove one hazard tree from the property that is located at 111 Gresham St. The subject property is located between Pearl Rd and Wilson Rd on the west side of Gresham St. The property is 0.18 acres, is zoned R-2, and is developed with a triplex built in 1976. Because the property is developed with three dwelling units, a tree removal permit is required. The tree proposed for removal is a 35' tall, 19" DBH incense cedar tree at the property at I I I Gresham St. The condition of concern is the tree's proximity to the existing fence and patio at 395 Pearl St. The damage to the fence and patio is extensive. Fixing the patio would require removal of a great deal of the root zone close to the trunk of the tree, which would likely impact the tree's health and stability. The application includes an arborist report indicating that removal is the best long-term solution to address these issues and to prevent further damage to the neighboring property. In accordance with the Land Use Ordinance, Notice of Complete Application (HOCA) was mailed 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. At the December regular meeting of the Tree commission the application was reviewed. The applicant 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 roots warranted its removal and voted unanimously to approve the application as submitted. Due to the tree density at and around this property, no mitigation planting is required. To be deemed a "hazard tree" the condition or location of the tree must clearly present a public TREE -2022-00197 III Gresham St./jt Page I 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 existing development. 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 18.5.7:040.13 as follows: 1. Hazard Tree. A.Hazard Tree Removal Permit shall be granted. if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. a. The applicant must demonstrate that the condition or location. of the tree presents a clear public safety hazard (i.e., likely to fall and injure persons or property) or a foreseeable danger of property damage to an existing structure or facility, and such hazard or danger cannot reasonably be alleviated by treatment, relocation, or pruning. See definition of hazard tree in part 18.6. b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to section 18.5.7.050. Such mitigation requirements shall be a condition of approval of the permit. Staff finds that Planning Action 41TREE-2022-00197, a request to reprove one hazard tree, complies with all applicable city ordinances with the imposition of the conditions attached below. Therefore, Planning Action #TREE -2022-00197 is approved. If any one or more of the following conditions are found to be invalid, for any reason whatsoever, then Planning Action #TREE -2022-00197 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. Brandon Goldman, In rite Director Date Department of Community Development `REE -2022-00197 111 Gresham St./jt Page 2 rim R The undersigned being first duly sworn states that: I am employed by the City of Ashland, 20, East Main Street, Ashland, Oregon 97520, in the Community Development Department, 2. On 12/15/221 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 -2022-00197, 111 Gresham. Signature of Employee DocumanQ 12d 5022 PA-TREE-2022-00197391E09BD10500 PA-TREE-2022-00197391E09BD14400 PA-TREE-2022-00197391E09BD14200 ASHCRAFT SANTINA BARTH RICHARD M TRUSTEE BIERMANN ROBIN TRUSTEE ET AL 71 GRESHAM ST 91 GRESHAM ST 400 ALLISON ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA -TREE -2022-00197 391 E09CA8101 BROUWER SUSAN J TRUSTEE ET AL 216 ROOSEVELT TER SANTA CRUZ, CA 95060 PA -TREE -2022-00197 391 E09BD14000 DOYLE TERRY 462 ALLISON ST ASHLAND, OR 97520 PA -TREE -2022-00197 391 E09CA8000 HARDWICK E R TRUSTEE 5450 VESPER AVE APT B208 SHERMAN OAKS, CA 91411 PA -TREE -2022-00197 391 E09BD 14600 KNOPPOW WILLIAM 445 WILSON RD ASHLAND, OR 97520 PA -TREE -2022-00197 391 E09CAl200 MATHISON JOHN R 25068 STARR CREEK RD CORVALLIS, OR 97333 PA -TREE -2022-00197 391E09BD10800 OWEN MICHAEL DAVID 373 VISTA ST ASHLAND, OR 97520 PA -TREE -2022-00197 391 E09CA8700 SLYT JOHN C TRUSTEE ET AL 385 PEARL ST ASHLAND, OR 97520 PA -TREE -2022-00197 391 E09CA2400 CHANDLER GREG TRUSTEE ET AL 384 N LAUREL ST ASHLAND, OR 97520 PA -TREE -2022-00197 391 E09CA1400 ELLIOTT JANICE A TRUSTEE ET A 485 FAIRVIEW ST APT A ASHLAND, OR 97520 PA -TREE -2022-00197 391 E09BD10401 KANIA DON RAYMOND TRUSTEE ET 2050 BUTLER CREEK RD ASHLAND, OR 97520 PA -TREE -2022-00197 391 E09CA8100 LEDBETTER PROPERTIES LLC 112 NUTLEY ST ASHLAND, OR 97520 PA -TREE -2022-00197 391 E09CA9000 MINSON CHRISTOPHER/TAN PECK Y 360 PEARL ST ASHLAND, OR 97520 PA -TREE -2022-00197 391 E09BD13900 SCHELZ CHARLES D TRUSTEE ETA 470 ALLISON ST ASHLAND, OR 97520 PA -TREE -2022-00197 391 E09CA7900 SNOWDEN RONALD M TRUSTEE ET A 143 GRESHAM ST ASHLAND, OR 97520 PA -TREE -2022-00197 391 E09CA8901 DAHLE JEFFREY ROBERT TRUSTEE 348 PEARL ST ASHLAND, OR 97520 PA -TREE -2022-00197 391 E09CA8701 FEHRER FREDERICK 365 PEARL ST ASHLAND, OR 97520 PA -TREE -2022-00197 391 E09BD14300 KELLY TIMOTHY P 100 GRESHAM ST ASHLAND, OR 97520 PA -TREE -2022-00197 391 E09CA1300 LEHMANN RYAN LIZOE D 477 FAIRVIEW ST ASHLAND, OR 97520 PA -TREE -2022-00197 391E09BD13800 NORAAS MELODY 478 ALLISON ST ASHLAND, OR 97520 PA -TREE -2022-00197 391 E09BD14900 SIEGEL WILLIAM H & SHEILA M L 342 VISTA ST ASHLAND, OR 97520 PA -TREE -2022-00197 391 E09BD14100 STEWART JEANETTE TRUSTEE ET A 155 8TH ST ASHLAND, OR 97520 PA -TREE -2022-00197 PA -TREE -2022-00197 CANOPY LLC ROGER LEDBETTER Gresham NO PO BOX 263 211 NORMAL NOD 12115/22 TALENT, OR 97540 ASHLAND, OR 97520 26 tr Planning Department, 51 Winburn sway, Ashland, Oregon 97520 CITY OF OW 541-488-5305 Fax:541-552-2050 www.ashland,orus TTY:1-800-73,5-2900 -ASHLAND NOTICE OF APPLICATION PLANNING ACTION: TREE -2022-00197 SUBJECT PROPERTY: 111 Gresham St. OWNER/APPLICANT: Canopy 1-1-C for Roger Ledbetter DESCRIPTION: A request to remove one large cedar tree: at the south side of the property at I I I Gresham St, The tree's proximity to the existing fence and neighboring patio has caused extensive damage. Flo repair the damage, and prevent future damage, the tree is proposed for removal. The application includes a letter from Canopy LLC recommending removal. COMPREHENSIVE PLAN DESIGNATION: Multi -family residential; ZON-ING: R-2; NIAP: 39 1 E 09 CA, TAX LOT': 8100 NOTE: The Ashland Tree Commission will review this Planning Action at an electronic public hearing on Thursday, December 81h at 6:010 PM See page 2 of this notice for information about participating in the electronic public hearing, 11IM111401:4 IM"ll I - .11 M 163:11 WN to] 91TA N k a 1:4 MIKOVi I ITAW! O'V'ER Aclians%P& by Stree1\MGre.%ham\Gresham_ I I I tiGresham_ I I I TRE F-2021-00 I "C'FCS�Ialn— I I I _"l REE -2022-00 197 NOGdocx 4; Tree Commission Meetings Notice bohereby given that the Tree ComniL -in will hold amelectronic public hearing onabove-described planning action on themeefingdmteanddmeahommonPogel.|fyomvvou|d|iketowatchamd|iatemtotheTraeCommiaaiommoetingvirton|ly.but not participate in any discussion, you can use the Zoom link posted on the City of Ashland calendar webs,ite . Oral testimony will be taken during the electronic public hearing. If you wish to provide oral testimony during the electronic meeting, send mnemail toPC'pmb0c-tastimony@mshUmnd.or.umby Thursday, .|norder tn provide testimony at the public hearing, please provide the following information-, 1)make the subject line ofthe emai�"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 ifparticipating by computer or the telephone number you will use if participating by telephone. In compliance with the American with Disabilities Act, if you meed special assistance to participate in this nneeting, please contact the City Administrator's office at541-488-GOO2(TTY phone number 1-8OO-73S-28QO). Notification 72hours prior tothe meeting will enable the City to make reasonable arrangements to mnmuna accessibility to the meeting. (28 CFR 35.102,3S.1O4ADA Title U), The Ashland Planning Division Staff has received a complete application for the property noted on Page 1 of this notice. Because ofthe COV|C-19 pandemhc.application materials are provided online and comments will beaooembadbvemmii Alternative arrangements for reviewing the application or submitting comments can be made by contacting (5,41) 488-5305 or /4copy of the app|inotinm, including all dmnumemba^ evidence and applicable criteria are available online at "What's Happening in my City" at . Copies of application materials will be provided at reasonable cost, if requested. Under extenuating oinnurnstancea, application materials may be requested to be reviewed in-person otthe Ashland Community Development & Engineering Smn/inoe Building, 51 VV|nhurm VVav, via a pre -arranged appointment bycalling (541)48G-53O5nremai|img Any affected property owner or resident has a right to submit written comments to 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 Ghsff 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 aUluwefor a14-daycomment 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 onthe application, Anotice ofdecision ismailed 10 the same properties within 5 days ofdecision. ~4mappeal tothe Planning Commission ofthe Planning O|via|om Staff's decision must be made in writing tothe Ashland PXomnimQ Division within 12 days from the date of the mailing of final decision. (AMC 18.5].0150.G) The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the iasue, 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 pmyoUmdas your right of appeal to LUB/\ on that criterion. Failure of the applicant to raise constitutional or other iamuaa 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 naquast, pXeame feel free to contact Johanna Tuthill at TREE REMOVAL PERMIT (AMC 18.5.7.040.B) 1, Hazard Tree, AHazard Tree Removal Permit shall bogranted if the approval authority finds that the application meets all of the following criteria,m can bemade toconform 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 boa condition mfapproval ofthe permit, 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 November 29, 2022, 2022, 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 - 2022 -00197 for 111 Gresham. Rey. V, Signature of Employee Wcomm-dWv enrMfflanningActionsMbySUeetIGlGreshamlGresham_1111Gresham 111_TREE-2622-001971Gresham_111_TREE-2022.00197 AFF1DWTOFMAILING_Regan.douI1012022 , .i -lily i r TREE -2022-00197 391E09BD10500 ASHCRAFT SANTINA 71 GRESHAM ST ASHLAND, OR 97520 TREE -2022-00197 391E09CA8101 BROUWER SUSAN J TRUSTEE ET AL 216 ROOSEVELT TER SANTA CRUZ, CA 95060 TREE -2022-00197 391E09CA8901 DAHLE JEFFREY ROBERT TRUSTEE 348 PEARL ST ASHLAND, OR 97520 TREE -2022-00197 391E09CA8701 FEHRER FREDERICK 365 PEARL ST ASHLAND, OR 97520 TREE -2022-00197 391E09BD14300 KELLY TIMOTHY P 100 GRESHAM ST ASHLAND, OR 97520 TREE -2022-00197 391E09131314500 BARTH RICHARD M TRUSTEE 91 GRESHAM ST ASHLAND, OR 97520 TREE -2022-00197 CANOPY LLC PO Box 263 TALENT, OR 97540 TREE -2022-00197 391E0913D14000 DOYLE TERRY 462 ALLISON ST ASHLAND, OR 97520 TREE -2022-00197 391E09CA8000 HARDWICK E R TRUSTEE 5450 VESPER AVE APT B208 SHERMAN OAKS, CA 91411 TREE -2022-00197 391E09BD14800 KNOPPOW WILLIAM 445 WILSON RD ASHLAND, OR 97520 TREE -2022-00197 391E09CA1300 TREE -2022-00197 391E09CA1200 LEHMANN RYAN L/ZOE D MATHISON JOHN R 477 FAIRVIEW ST 25068 STARR CREEK RD ASHLAND, OR 97520 CORVALLIS, OR 97333 TREE -2022-00197 391E09BD13800 _ TREE -2022-00197 391E09BD10800 NORAAS MELODY OWEN MICHAEL DAVID 478 ALLISON ST 373 VISTA ST ASHLAND, OR 97520 ASHLAND, OR 97520 TREE -2022-00197 391E09BD13900 TREE -2022-00197 391E09BD14900 SCHELZ CHARLES D TRUSTEE ET A SIEGEL WILLIAM H & SHEILA M L 470 ALLISON ST 342 VISTA ST ASHLAND, OR 97520 ASHLAND, OR 97520 TREE -2022-00197 391E09CA7900 TREE -2022-00197 391E09BD14100 SNOWDEN RONALD M TRUSTEE ETA STEWART JEANETTE TRUSTEE ETA 143 GRESHAM ST 155 STN ST ASHLAND, OR 97520 ASHLAND, OR 97520 TREE -2022-00197 391E09BD14200 BIERMANN ROBIN TRUSTEE ET AL 400 ALLISON ST ASHLAND, OR 97520 TREE -2022-00197 391E09CA2400 CHANDLER GREG TRUSTEE ET AL 384 N LAUREL ST ASHLAND, OR 97520 TREE -2022-00197 391E09CA1400 ELLIOTT JAN ICE A TRUSTEE ET A 485 FAIRVIEW ST APT A ASHLAND, OR 97520 TREE -2022-00197 391E09BD10401 KANIA DON RAYMOND TRUSTEE ET 2050 BUTLER CREEK RD ASHLAND, OR 97520 TREE -2022-00197 391E09CA8100 LEDBETTER PROPERTIES LLC 112 N UTLEY ST ASHLAND, OR 97520 TREE -2022-00197 391E09CA9000 MINSON CHRISTOPHER/TAN PECK Y € 360 PEARL ST ASHLAND, OR 97520 TREE -2022-00197 ROGER LEDBETTER 211 NORMAL ASHLAND, OR 97520 TREE -2022-00197 391E09CA8700 SLYT JOHN C TRUSTEE ET AL 385 PEARL ST ASHLAND, OR 97520 TREE -2022-00197 NOC 11/29/2022 26 r. . ' Y bh nG J ��r d I _ j "' ' 60 p�. !) :r y I . { ,r.. A 1. t 1^,:; ` "` j r i „ - ±-``, '� ?. ,Y EYP. J11 ' 2" t r ...., .1. � J I✓ r'a 'j :.£'.. i^ i FI ', _.��. 5 9 . _ N ..._ k a) V A ,.. '� i rVAaa I Planning Division ZONING PERMIT APPLICATION CITY OF 51 Winbum Way, Ashland OR 97520 FILE # TREE_2022-00197 - ASHLAND 541-488-5305 Fax541488-6006 DESCRIP71ON OF PROJECT DESCPJPnON OF PROPERTY Street Address 111 Gresham Assessor's Map No. 391 P Zoning APPLICANT Name Canopy LLC Address P.O. Box 263 Tax Lot(s) Comp Plan Designation Phone 541.631.1462 PROPERTY OWNER Name Roger Ledbetter Phone Address 211 Normal Pursuing LEEDO Certification? 0 YES 0 NO City Talent (541) 482-9119 SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER Title Name Phone Address Title Address Phone city Ashland city City E -Mail cj .chrisjohn@gmail Zip 97540 E-mail aftersixty@hotmaiLa E -Mail E -Mail Zip 97520 Zip Zip I hereby certifythat the statements and information contained in this application, Including the enclosed drawings and the required findings of fact, are in ali respects, true and c&mcf. 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 responsibility I further understand that if this request is subsequently contested, the burden will be on me to establish., f) that t produced sufficient factual evidence at the hearing to support this request; 2) that the findings of fact fumished justifies the granting of the request; 3) that the findings of fact fumished by me are adequate; and further 4) that all structures orimprovements are property located on the ground. Failure in this rega 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 be removed ��l have any doubts, I am advised to seek competent professional advice and assistance. 11/02/2022 ApplicanVe Signature Date As owner ofthe propertyinvolved in this request I have read and understood the complete application and its consequences to me as a property owner. � r . 7 Property wner's Signature (required) pate Robe—getedbyo�SW Date Received 11.17.2022 Zoning Permit Type Tree Removal Filing Fee $_L(_10 OVER )+ G:' =n-k%6PIazuun9XFM=& rLtuduut0ZGaing Pannil ApplicaGan.duc CANOPY LLC The Care of Trees canopyarborcare.com P.O. Box 3511 Ashland, OR 97520 (541) 631 -8000 CCB 199334 November 2, 2022 City of Ashland Planning 51 Winburn Way Ashland, OR 97520 RE: Tree ren-ioval permit at 111 Gresham St The tree being requested for removal is a healthy incense cedar, Calocedrits decurrens. It measures approximately 19" in diameter at breast height and 35' tall. It is located in close proximity to the property line with 395 Pearl St. The condition of concern with this tree is its proximity to the fence and the damage the roots are causing to the neighboring patio. The damage is extensive and is not captured well in the attached photos. Fixing the patio would require the removal of a great deal of the root zone close the trunk of the tree. There is also evidence that there is damage to the flooring/foundation of the home. When work is undertaken to correct the patio issues, it is likely that the tree's health would be impacted, but of greater concern is that the stability of the tree would be compromised. An idea of creating a "floating porch" was proposed but proved to be infeasible. The best long term solution in preventing further damage to the neighboring property will be the removal of the tree. Removal of this tree will not affect canopy densities as there are several other large stature nature trees on the property. The ground is flat and so removal will not negatively impact soil stability. Feel free to get in touch if there are any questions. Christopher John Canopy LLC ISA Board Certified Master Arboaist #WB -950413 y r�7 J r / i � % 'r' �,, 9.�'r