HomeMy WebLinkAboutGranite_65_TREE-2024-00240C A T Y O F
A.S H L All N D
September 11, 2024
Notice of Final Decision
On September 10, 2024, the Community Development Director approved the request for the following:
Planning Action: PA -TREE -2024-00240
Subject Property: 65 Granite Street
Applicant: Robert Luvara/Ken Martinez (arborist)
Description: A request for approval to remove one coast redwood tree (Sequoia sempervirens)
from the backyard between the house and garage of the property at 65 Granite Street. According to a
certified arborist, the tree is five feet dimeter at breast height and over 75 percent of the tree is dead. The
tree's roots are causing damage to the patio and sewer line. COMPREHENSIVE PLAN
DESIGNATION: Single Family Residential; ZONING: R-1-7.5; MAP: 39 1 09 BB; TAX LOT:
16,900.
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 Jennifer Chenoweth in the Community
Development Department at (541) 488-5305.
cc: Parties of record and property owners within 200 ft
COMMUNITY DEVELOPMENT DEPARTMENT
51 Winburn Way Tel: 541.488.5305
Ashland, Oregon 97526 Fax: 541.552.2050
aah la n d.orus TTY: 840.735.2900
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: PA -TREE -2024-00240
SUBJECT PROPERTY: 65 Granite Street
OWNERS 1 APPLICANT: Robert Luvara/K. Martinez (Urban Tree Restoration LLC)
DESCRIPTION: A request for approval to remove one coast redwood tree (Sequoia
sempervirens) from the backyard between the house and garage of the property at 65 Granite
Street. According to a certified arborist, the tree is five feet dimeter at breast height and over 75
percent of the tree is dead. The tree's roots are causing damage to the patio and sewer line
COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5;
ASSESSOR'S MAP: 39 1E 09 BB TAX LOT: 16,900
SUBMITTAL DATE:
August 7, 2024
DEEMED COMPLETE DATE:
August 26, 2024
STAFF APPROVAL DATE:
September 10, 2024
DEADLINE TO APPEAL (4:30 p.m.):
September 23, 2024
FINAL DECISION DATE:
September 24, 2024
APPROVAL EXPIRATION DATE:
March 24, 2026
DECISION
The application requests a Tree Removal Permit to remove one mature coast redwood tree from
the backyard area of 65 Granite Street. The application states that the tree is located between the
house and the garage, and that the tree is visibly dying from the top down.
The property is .35 acres and zoned R-1-7.5, a single-family residential zone. Due to the size of
the lot and configuration of the existing structures, the lot is large enough to be partitioned and
could be shown to meet the minimum dimensions, therefore, a Type I Planning Action for a tree
removal is required.
The garage is accessed from Baum Street and the residence is oriented to Granite Street. The tree
is visible from both streets. According to the application, the tree is five feet in diameter at breast
height. No replacement trees were proposed in the application; however, there are two additional
mature coast redwood trees and numerous other trees on the property.
The applicability for tree removal (per AMC 18.5.7.020) for a single-family property in the R -1-
T5 zone is the removal of trees greater than six -inches in diameter at breast height and on
property that is capable of being partitioned requires a permit and shall be carried out in
accordance with the requirements of AMC Chapter 18.5.7. The application included a narrative,
site plan, and photos of the proposed tree to be removed.
During the September 5, 2024 regular meeting of the City of Ashland Tree Management Advisory
Committee (Tree MAC), the Tree MAC had no concerns with the applicant's proposal. Staff has
included a condition that one tree be planted to mitigate the loss of the redwood tree.
PA -TREE -2024-00240
65 Granite /jnc
Page 1
174 I acid 2: LcJt, N(,f rAlop aerial photo, .hrl>> 3, 2024, Iutrrs;c�n, visibly slroirsJlcrgygirt,�r (ileafi l erl jiilirr4xcrj n/'NSE° caasl
rediv4)od !rve IZ)coted hCI)rev I the !rouse crud the (In e. Pholo I« kerntwzui 27, 2024li•ona 6'raidie Slreei.
The Notice of Complete Application (HOCA) was mailed to all properties within 200 feet of the
subject property as well as a physical notice posted along the fiontage of the property. The notice
included staff contact information. In accordance with AMC 18.5.1.050, the Type I procedure for
planning applications allows a 14-day period for the submission of written comments, starting
from the date of mailing. No written comments were received.
The applicant has submitted a burden of proof document showing that they meet the criteria of
approval for a Tree Removal Permit. The document is incorporated herein by this reference. In
the staff's assessment, the proposed removal of one tree is in conformance with the land use
ordinance approval criteria as cited below.
In summary, staff agrees that the tree proposed for removal will not have significant negative
impact on erosion, soil stability, or have a significant impact on the tree densities within 200 feet
of the property. One replacement tree shall be planted to mitigate the loss of the redwood tree.
The application materials state that the tree is proposed for removal because it is reaching the end
of its lifecycle and visibly dying. Based on the materials submitted by the applicant, staff finds
the application has sufficiently demonstrated compliance with all approval criteria for tree
removal.
The criteria for removal of a Hazard Tree are described in AMC Chapter 18.5.7.040.13 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.
PA -'TREE -2024-00240
65 Granite Ijnc
Page 2
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.
The criteria for removal of a Tree That is Not a Hazard are described in AMC Chapter
18.5.7.040.13 as follows:
Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard shall be
granted if the approval authority finds that the application meets all of the following criteria or
can be made to conform through the imposition of conditions.
a. The tree is proposed for removal in order to permit the application to be consistent
with other applicable Land Use Ordinance requirements and standards, including but not
limited to applicable Site Development and Design Standards in part 18.4 and Physical
and Environmental Constraints in part 18.3.10.
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.
Staff finds that Planning Action TREE -2024-00240 a request to remove one tree, complies with
all applicable City ordinances with the implementation of conditions attached below. Therefore,
Planning Action TREE -2024-00240 is approved. If any one or more of the following conditions
are found to be invalid, for any reason whatsoever, then Planning Action TREE -2024-00240 is
denied. The following are conditions of approval:
PA -TREE -2024-00240
65 Granite Ijnc
Page 3
1) That all proposals of the applicant shall be conditions of approval unless otherwise
specifically modified herein.
2) That one replacement, mitigation tree of an appropriate species and stature shall be
planted on site.
3) That the replacement, mitigation tree shall be planted during during fall or early spring
following the removal year. Avoid planting during summer or times of drought.
4) That replacement, mitigation tree shall be irrigated and maintained for at least the first
three to five growing seasons to promote long-term survival.
i� z e
Brandon Goldman, Community Development Director Date
PA -TREE -2024-00240
65 Granite /jnc
Page 4
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 09/11/24 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 #PA -TREE -2024-00240, 65
Granite Street.
. MichaeCSuCCivan
Signature of Employee
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PA -TREE -2024-00240 391 E09BC2900
88 GRANITE TRUST ET AL
88 GRANITE ST
ASHLAND, OR 97520
PA -TREE -2024-00240 391 E08AA9100
BOJE MARILYN
74 PINE ST
ASHLAND, OR 97520
PA -TREE -2024-00240 391 EOSAA8300
CHAVEZ THOMASNALENTINA M
63 PINE ST
ASHLAND, OR 97520
PA -TREE -2024-00240 391 E08AA9000
EMMONS DANIEL RIKARIN D
80 BAUM ST
ASHLAND, OR 97520
PA -TREE -2024-00240 391 E08AD500
JANSSEN ROBERT LYNN
78 PINE ST
ASHLAND, OR 97520
PA -TREE -2024-00240 391 E09BB6900
LANGENSTEIN CHRISTIAN E/SAMAN
1400 VILLAGE BLVD
WEST PALM BEACH, FL 33409
PA -TREE -2024-00240 391 E09BC2400
MASTAIN JULI ANN TRUSTEE ETA
70 GRANITE ST
ASHLAND, OR 97520
PA -TREE -2024-00240 391 E09BC8300
BAKER ELEANOR K TRUSTEE FBO
PO BOX 546
ASHLAND, OR 97520
PA -TREE -2024-00240 391 E09BC2800
BRANDYWINE BRITT LLC KEYBANK
4900 TIEDEMAN.RD FL 3
BROOKLYN, OH 44144
PA -TREE -2024-00240 391E09BB7000
DEMELLO ANTHONY TRUSTEE ET AL
46 GRANITE ST
ASHLAND, OR 97520
PA -TREE -202400240 391 EO9BB14900
HARRIS NEIL A TRUSTEE ET AL
52 GRANITE ST
ASHLAND, OR 97520
PA -TREE -2024-00240 391 E08AD3300
JONES JEFFREY R TRUSTEE ET AL
79 PINE ST
ASHLAND, OR 97520
PA -TREE -2024-00240 391 E09BB16900
LUVARA ROBERT TRUSTEE ET AL
65 GRANITE ST
ASHLAND, OR 97520
PA -TREE -2024-00240 391 E09BB6700-
MOLL G ALAN TRUSTEE ET AL
79 BAUM ST
ASHLAND, OR 97520
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Use Avery Terri ploto 5160 1
PA -TREE -2024-00240 391 E09BB6800
BOHNETT LIVING TRUST ET AL
1214 GREENBRIAR AVE
SAN JOSE, CA 95128
PA -TREE -202400240 391 EO9BB6500
BRUCKER ALLEGRA ET AL
41 GRANITE ST
ASHLAND, OR 97520
PA -TREE -2024-00240 391E09BC8400
DOUMA ALLENIELIN SILVEOUS
83 GRANITE ST
ASHLAND, OR 97520
PA -TREE -2024-00240 391 E08AA4800
HOLLANDSWORTH REVOCABLE TRUST
55 PINE ST
ASHLAND, OR 97520
PA -TREE -2024-00240 391 E09BC2501
KENNEY JEROME TRUSTEE ET AL
2839 W KENNEWICK AVE 397
KENNEWICK, WA 99336
PA -TREE -2024-00240 391 E09BC2700
LYNN JEFFREY KICONSTANCE B
74 GRANITE ST
, ASHLAND, OR 97520
PA -TREE -2024-00240 391 E09BC8200
SCOGGIN PARVANEHIDAVID
73 GRANITE ST
ASHLAND, OR 97520
PA -TREE -2024-00240 391 E09BC2300 PA -TREE -2024-00240 391 E08AA8400 PA -TREE -2024-00240 391 E09BB6600
SMITH DOUGLAS RILINDA COVE STARK ELIZABETH D TRUSTEE ET TAYLOR SUZANNE F TRUSTEE ET A
60 GRANITE ST 73 PINE ST 150 PINE ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
65 Granite St NOD
09111/24
24
NOTICE OF APPLICATION
PLANNING ACTION: PA -TREE -2024-00240
SUBJECT PROPERTY: 65 Granite Street
OWNERIAPPLICANT: Robert Luvara/Ken Martinez (arborist)
DESCRIPTION: A request for approval to remove one coast redwood tree (Sequoia sempervirens) from the
backyard between the house and garage of the property at 65 Granite Street. According to a certified arborist, the
tree is five feet dimeter at breast height and over 75 percent of the tree is dead. The tree's roots are causing
damage to the patio and sewer line. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential;
ZONING: R-1-7,5; MAP: 39 1 E 09 138; TAX LOT: 16,900,
NOTE: The Ashland Tree Management Advisory Committee will review this Planning Aetion on Thursday, September 5, 2024 at 2:00 PM
at 51 Winburn Way,
NOTICE OF COMPLETE APPLICATION: August 26, 2024
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: September 9, 2024
COMMUNITY DEVELOPMENT DEPARTMENT
51 Winburn Way Tel: 547.488.5305
Ashland, Oregon 97520 Fax: 541.552.2050 Mal
ashland.or.us TTY: 800.735.2900 ;i ,-
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COMMUNITY DEVELOPMENT DEPARTMENT
51 Winburn Way Tel: 547.488.5305
Ashland, Oregon 97520 Fax: 541.552.2050 Mal
ashland.or.us TTY: 800.735.2900 ;i ,-
AS H L AN *7`
The Ashland Planning Division Staff has received a complete application for the property noted on Page 1 of this notice.
A copy of the application, including all documents, evidence and applicable criteria are available online at "What's
Happening in my City" at httpsl/qis.ashiand.or.usfdevelopmentproposalsl. Copies of application materials will be provided
at reasonable cost, if requested. Application materials may be requested to be reviewed in-person at the Ashland
Community Development & Engineering Services Building, 51 Winburn Way, via a pre -arranged appointment by calling
(541) 488-5305 or emailing planning0ashland.or.us.
Any affected property owner or resident has a right to submit written comments within the 14 -day comment period to
planninq(@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 the
application, After the comment period and not more than 45 days from the application being deemed complete, the Planning
Division Staff shall make a final decision on the application. A notice of decision is mailed to the same properties within 5
days of decision. An appeal to the Planning Commission of the Planning Division Staff s decision must be made in writing to
the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.5.1.050.G)
The ordinance criteria applicable to this application are attached to this notice. Oregon 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 Jennifer Chenoweth at 541-552-2045
or Jennifer. Chenoweth ashland.or.us
In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City
Administrator's office at 541-488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the
City to make reasonable arrangements to ensure accessibility to the meeting. (28 CFR 35.102.-35.104 ADA Title I).
TREE REMOVAL PERMIT (AMC 18.5.7.040.13)
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.
COMMUNITY DEVELOPMENT DEPARTMENT
51 Winburn Way Tel: 541.488.5305
Ashland, Oregon 97520 Fox: 541.552.2050
as h la n d.o r.0 s TTY: 800.735.2900
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 8126124 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 #PA -TREE -2024-00240, 65 Granite.
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Signature of Employee
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88 GRANITE TRUST ET AL
88 GRANITE ST
ASHLAND, OR 97520
PA -TREE -2024-00240 391 E08AA9100
BOJE MARILYN
74 PINE ST
ASHLAND, OR 97520
PA -TREE -2024-00240 391 E08AA8300
CHAVEZ THOMASNALENTINA M
63 PINE ST
ASHLAND, OR 97520
PA -TREE -2024-00240 391 E08AA9000
EMMONS DANIEL R/KARIN D
80 BAUM ST
ASHLAND, OR 97520
PA -TREE -2024-00240 391E08AD500
JANSSEN ROBERT LYNN
78 PINE ST
ASHLAND, OR 97520
PA -TREE -2024-00240 391E0913136900
LANGENSTEIN CHRISTIAN E/SAMAN
1400 VILLAGE BLVD
WEST PALM BEACH, FL 33409
PA -TREE -2024-00240 391 E09BC2400
MASTAIN JULI ANN TRUSTEE ETA
70 GRANITE ST
ASHLAND, OR 97520
PA -TREE -2024-00240 391 E09BC8300
BAKER ELEANOR K TRUSTEE FBO
PO BOX 546
ASHLAND, OR 97520
PA -TREE -2024-00240 391 E09BC2800
BRANDYWINE BRITT LLC KEYBANK
TRUST REAL ESTATE
4900 TIEDEMAN RD FL 3
BROOKLYN, OH 44144
PA -TREE -2024-00240 391 E09BB7000
DEMELLO ANTHONY TRUSTEE ET AL
46 GRANITE ST
ASHLAND, OR 97520
PA -TREE -2024-00240 391E09BB14900
HARRIS NEIL A TRUSTEE ET AL
52 GRANITE ST
ASHLAND, OR 97520
PA -TREE -2024-00240 391 E08AD3300
JONES JEFFREY R TRUSTEE ET AL
79 PINE ST
ASHLAND, OR 97520
PA -TREE -2024-00240 391E09BB16900
LUVARA ROBERT TRUSTEE ET AL
65 GRANITE ST
ASHLAND, OR 97520
PA -TREE -2024-00240 391 E09BB6700
MOLL G ALAN TRUSTEE ET AL
79 BAUM ST
ASHLAND, OR 97520
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PA -TREE -2024-00240 391 E09BB6800
BOHNETT LIVING TRUST ET AL
1214 GREENBRIAR AVE
SAN JOSE, CA 95128
PA -TREE -2024-00240 391 E09BB6500
BRUCKER ALLEGRA ET AL
41 GRANITE ST
ASHLAND, OR 97520
PA -TREE -2024-00240 391 E09BC8400
DOUMA ALLEN/ELIN SILVEOUS
83 GRANITE ST
ASHLAND, OR 97520
PA -TREE -2024-00240 391E08AA4800
HOLLANDSWORTH REVOCABLE TRUST
55 PINE ST
ASHLAND, OR 97520
PA -TREE -2024-00240 391 E09BC2501
KENNEY JEROME TRUSTEE ET AL
2839 W KENNEWICK AVE 397
KENNEWICK, WA 99336
PA -TREE -2024-00240 391 E09BC2700
LYNN JEFFREY KICONSTANCE B
74 GRANITE ST
ASHLAND, OR 97520
PA -TREE -2024-00240 391 E09BC8200
SCOGGIN PARVANEH/DAVID
73 GRANITE ST
ASHLAND, OR 97520
PA -TREE -2024-00240 391 E09BC2300 PA -TREE -2024-00240 391 E08AA8400 PA -TREE -2024-00240 391 E09BB6600
SMITH DOUGLAS R/LINDA GOVE STARK ELIZABETH D TRUSTEE ET TAYLOR SUZANNE F TRUSTEE ET A
60 GRANITE ST 73 PINE ST 50 PINE ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
65 Granite
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24
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ZONING PERMIT APPLICATION
FILE #
DESCRIPTION OF PROJECT i _ C Yo [ �
DESCRIPTION OF PROPERTY Pursuing LEED® Certification? 11 YES ❑ NO
Street Address (�,, -5— 6,_ I aAt `,
Assessor's Map No. 39 1 E 1 1 Tax .ot(s)(,
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Zoning Comp Plan Designation
APPLICANT
Name' f�c %��. Phone 9 4rf�fl 0 ` E -Mail
Address 5 &' > �_. 5 City lq S � k , d zip Z o
PROPERTY OWNER
s� : i Gh � Phone �ql -0661y-''thilail �
Name � ,
Address �� r� ��: c l S City K. Zp � ��� 2 C
SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER
Title Ls Name 46f M, -Ar .� i Phone -20 15._f - lel (-'-E-Mail fj
Address City
Title Name
Address
Phone
City
E -Mail
Zip
Zip
I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects,
true and correct f 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:
1) that i produced sufficient factual evidence at the hearing to support this request;
2) that the findings of fact furnished justifies 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 this regard will resul ost likely in not only the request being set aside, buf also possibly in my structures being built in reliance thereon being required to
be o e atony. _&9 have any doubts, I am advised to seek competent professional advice and assistance.
jG is 12 0
Applicant's Sig ature Date
As owner 4 the p q, invo e Viri this request, I have read and understood the complete application and its consequences to me as a property
owner.
�►
Property Owner's Signature (required)
ria bs wmpialed by city Staff]
Date Received._ Zoning Permit Type,
Date
Filing Fee $
OVER /1
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