The URL can be used to link to this page

Home My WebLink AboutSiskiyou_1065_TREE-2024-00224CITY ®F L N March 14, 2024 Notice of Final Decision On March 14, 2024, the Community Development Director approved the request for the following: Planning Action: PA -TREE -2024-00223 Subject Property: 1065 Siskiyou Blvd. Applicant: Linda KilcolIins Description: A request for removal of one Siberian elm tree located next to the swimming pool and cottage walkway. The arborist has indicated that the tree is showing signs of decline from his last visit one year ago including fungal fruiting bodies along the mainstem and root collar which is indicative of internal decay and a hollow mainstem. Due to its condition and location, the arborist has indicated that the tree is a hazard and recommends removal. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; MAP: 39 -1E -10 -CC; TAX LOT: 5400 The Community Development Director's decision becomes final and is effective on the 12' day after the Notice of Final Decision is mailed. Approval is valid for a period of 18 months and all conditions of approval identified on the attached Findings are required to be met prior to project completion. The application, all associated documents and evidence submitted, and the applicable criteria are available for review at the Ashland Community Development Department, located at 51. Winburn Way. Copies of file documents can be requested and are charged based on the City of Ashland copy fee schedule. Prior to the final decision date, anyone who was mailed this Notice of Final Decision may request a reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO) 18.5.1.050(F) and/or file an appeal to the Ashland PIanning Cormnission 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 Veronica Allen 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 97520 Fax: 541.552,2050 ashland.or.us TTY: 800.735.2900 PLANNING ACTION: SUBJECT PROPERTY: APPLICANT/OWNER: ASHLAND PLANNING DIVISION FINDINGS & ORDERS PA -TREE -2024-00223 1065 Siskiyou Blvd Linda Kilcollins DESCRIPTION: A request for removal of one Siberian elm tree located next to the swimming pool and cottage walkway. The arborist has indicated that the tree is showing signs of decline from his last visit one year ago including fungal fruiting bodies along the mainstem and root collar which is indicative of internal decay and a hollow mainstem. Due to its condition and location, the arborist has indicated that the tree is a hazard and recommends removal. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; MAP: 39 -1E -10 -CC; TAX LOT: 5400 SUBMITTAL DATE: February 16, 2024 DEEMED COMPLETE DATE: February 22, 2024 STAFF APPROVAL DATE: March 14, 2024 DEADLINE TO APPEAL (4:30 p.m.): March 26, 2024 FINAL DECISION DATE: March 27, 2024 APPROVAL EXPIRATION DATE: September 27, 2025 DECISION The application requests a Tree Removal Permit to remove one (1) Siberian elm tree from the property at 1065 Siskiyou Blvd. The property is located to the North of Siskiyou Boulevard, just Southeast of Palm Avenue. The lot is zoned C-1; surrounding properties are zoned C-1 and R-2. Because the tree is larger than 6" DBH and the property is zoned commercial, the tree removal is regulated and is processed as a Type 1 permit. Staff received no comments from the public during the public comment period. At the March regular meeting of the Tree Management Advisory Committee, staff presented the application. The Committee recommend that a large stature mitigation tree be planted on-site to mitigate the removal of the ehn tree. The criteria for a Tree Removal Permit (Not a hazard) are described in AMC Chapter 18.5.7.040.13 as follows: 2. 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 TREE -2024-00224 1065 Siskiyou / VA Page i 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 -2024-00224, a request to remove one (1) Siberian elm tree, complies with all applicable city ordinances with the imposition of the conditions attached below. Therefore, Planning Action #TREE -2024-00224 is approved. If any one or more of the following conditions are found to be invalid, for any reason whatsoever, then Planning Action #TREE -2024-00224 is denied. The following are the conditions, and they are attached to the approval: 1. That all proposals of the applicant shall be conditions of approval unless otherwise specifically modified herein. 2. The applicant shall plant either a minimum ane -and -one -half-inch caliper healthy and well -branched deciduous tree or a five- to six -foot -tall evergreen tree. The replanted tree shall be of a species that will eventually equal or exceed the removed tree in size if appropriate for the new location. The tree shall be planted and maintained per the specifications of the Recommended Street Tree Guide. An approved mitigation plan shall be fully implemented within one year of a tree being removed. March 14 2024 Brandon Goldman, Director Date Department of Community Development TREE -2024-00224 1065 Siskiyou I VA Page 2 AFFIDAVIT OF MAILING STATE OF OREGON County of Jackson The undersigned being first duly sworn states that: 1. I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On 3/14/24 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 -2024-00224, 1065 Siskiyou. 5Z�Wd & �acccu2 Signature of Employee G:comm-de4lanningTianning AdonsWs by SteetSkStskiyou4Siskiyou_1065_PatmlSiskiyou_1065 TREE-2024-00224NoticingWODlSiskiyoa_1065_PA-TRFF-2024-00224_N0D ,417davit of Maiitng.dou 511412024 Lee St end St PA -TREE -2024-00224 391 E10CC4800 300 EASTWOOD LLC KAREN A JACOBSEN 1538 LILAC CIR ASHLAND, OR 97520 PA -TREE -2024-00224 391 E10CB7400 BLUNDELL ISAAC D ET AL 303 PALM AVE ASHLAND, OR 97520 PA -TREE -2024-00224 391E1OCB9600 ESTES LUCAS 304 GARFIELD ST ASHLAND, OR 97520 PA -TREE -202400224 391E10CC5000 HODGE KIERNANIPEIL THOMAS HAN 335 GARFIELD ST ASHLAND, OR 97520 PA -TREE -2024-00224 391 E10CC5600 MORGAN NANCY L TRUSTEE FBO 328 PALM AVE ASHLAND, OR 97520 PA -TREE -2024-00224 391E1OCC5100 RUBENSON DANIEL L TRUSTEE ET 710 PRACHT ST ASHLAND, OR 97520 PA -TREE -2024-00224 391E10CB7500 SCHOENLEBER WILLIAM E 12795 HIGHWAY 140 EAGLE POINT, OR 97524 PA -TREE -2024-00224 391E10CB9100 VITUS COREY E/SVETLANA MELIKO PO BOX 1097 GOLD HILL, OR 97525 PA -TREE -202400224 CASEY ROLAND 659 CLAY ST ASHLAND, OR 97520 PA -TREE -2024-00224 391 E1OCC4900 BANKS DEVIN 325 GARFIELD ST ASHLAND, OR 97520 PA -TREE -2024-00224 391 E10CB9500 BOWEN JAMES E 318 GARFIELD ST ASHLAND, OR 97520 PA -TREE -2024-00224 391 E10CB9400 GREENSPAN CATHERINE MARIE 321 GARFIELD ST ASHLAND, OR 97520 PA -TREE -202400224 391 E10CC5900 JAIN SUSAN MACCRACKEN PO BOX 3473 BEND, OR 97707 PA -TREE -2024-00224 391 E10CB7800 PALM STREET LLC PO BOX 548 ASHLAND, OR 97520 PA -TREE -2024-00224 391 E10CC5200 SAFFRON&ROSE LLC 15222 LA PALOMA WAY REDDING, CA 96001 PA -TREE -2024-00224 391E10CC5500 SCHWARZER PETER FRED 2257 DOLLARHIDE WAY ASHLAND, OR 97520 PA -TREE -2024-00224 391 E10CC4500 WEATHERWAX RYAN M ET AL 354 GARFIELD ST ASHLAND, OR 97520 PA -TREE -2024-00224 391 E10CB9200 BELENKY DANIEL NATHAN 73 UNION ST ASHLAND, OR 97520 PA -TREE -2024-00224 391 E10CB8000 EIDMAN PALM LLC 7025 ADAMS RD TALENT, OR 97540 PA -TREE -2024-00224 391 E1OCC5300 HANNAREID LLC 918 WALKER AVE ASHLAND, OR 97520 PA -TREE -2024-00224 391 E10CB9300 JONES LAWRENCE D 1600 ASHLAND MINE RD ASHLAND, OR 97520 PA -TREE -2024-00224 391 E10CB7900 PITTMAN GARTH M AND KATHLEEN 709 LEONARD ST ASHLAND, OR 97520 PA -TREE -2024-00224 391E10CC4400 SAI RAM LLC 324 S CENTRAL AVE MEDFORD, OR 97501 PA -TREE -202400224 391 E10CB7800 SISKIYOU OFFICE BUILDING LLC JANET R ROLLINS 1025 SISKIYOU BLVD ASHLAND, OR 97520 PA -TREE -2024-00224 LINDA KILCOLLINS 1065 SISKIYOU ASHLAND, OR 97520 1065 Siskiyou NOD 3113124 25 ► [•]10101 *o] 9-11;j RR III [*P I PLANNING ACTION: PA -TREE -2024-00223 SUBJECT PROPERTY: 1065 Siskiyou Blvd, OWNERIAPPLICANT: Linda Kilcollins DESCRIPTION: A request for removal of one Siberian elm tree located next to the swimming pool and cottage walkway, The arborist has indicated that the tree is showing signs of decline from his last visit one year ago including fungal fruiting bodies along the mainstem and root collar which is indicative of internal decay and a hollow mainstem. Due to its condition and location, the arborist has indicated that the tree is a hazard and recommends removal, COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; MAP: 39-1 E -10 -CC; TAX LOT: 5400, NOTICE OF COMPLETE APPLICATION: February 22, 2024 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS; March 7, 2024 COMMUNITY DEVELOPMENT DEPARTMENT 51 Winburn Way Tel: 541.488.5305 Ashland, Oregon 97520 Fax: 541.552.2050 Mal ashland-onus TTY: 800.735.2900 L A N 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 https://Itis.ashland.or.us/developmentproposalsl. 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 plan.nin ashland.or.us. Any affected property owner or resident has a right to submit written comments within the 14 -day comment period to pl-anninci(D_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 Veronica Allen at #541-552-2042 or Veronica.Allen(criashland.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 1). 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. 2. 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 18.10. 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 COMMUNITY DEVELOPMENT DEPARTMENT 51 Winburn Way Tel: 541.488.5306 Ashland, Oregon 97520 Fax: 541.552.2050 os€ou-CLOs.czs TTY: 1300.735.2900 CITY ®E ;A 5-"o4 H L-ff N D 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. COMMUNITY DEVELOPMENT DEPARTMENT 51 Winburn Way Tel: 541.488.5305 Ashland, Oregon 97520 Fax: 541.552.2050 ashland onus 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 2122124 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 -2024-00224, 9065 Siskiyou. Signature of Employee G.1comm-devlplanninglPlanningAciionffAsbyStreetSSlSiskiyoulSiskiyau_#065_PalmVSskiyou_1065 TREE-2024-00224Wo0cingtSiskiyaa_1065_PA-TREE-202490224_NOC_AftdavifafMailing.docx212212024 IV,iIII m mil ill s IIS r ILII I Cpl . PA-TREE-2024-00224 PA -TREE -2024-00224 391E10CC4800 LLC PA -TREE -2024-00224 391 E10CC4900 PA -TREE -2024-00224 391 E10CB9200 KAREN A JACOBSEN BANKS DEVIN BELENKY DANIEL NATHAN 1538 LILAC CIR 325 GARFIELD ST 73 UNION ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA -TREE -2024-00224 391 E10CB7400 PA -TREE -2024-00224 391 E10CB9500 PA -TREE -2024-00224 391 E10CB8000 BLUNDELL ISAAC D ET AL BOWEN JAMES E EIDMAN PALM LLC 303 PALM AVE 318 GARFIELD ST 7025 ADAMS RD ASHLAND, OR 97520 ASHLAND, OR 97520 TALENT, OR 97540 PA -TREE -2024-00224 391 E10CB9600 PA -TREE -2024-00224 391 E1 OCB9400 PA -TREE -2024-00224 391 E10CC5300 ESTES LUCAS GREENSPAN CATHERINE MARIE HANNAREID LLC 304 GARFIELD ST 321 GARFIELD ST 918 WALKER AVE ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA -TREE -2024-00224 391 E10CC5000 PA -TREE -2024-00224 391 E1 OCC5900 PA -TREE -2024-00224 391 E10CB9300 HODGE KIERNANIPEIL THOMAS HAN JAIN SUSAN MACCRACKEN JONES LAWRENCE D 1335 GARFIELD ST PO BOX 3473 ASHLAND MINE RD ASHLAND, OR 97520 BEND, OR 97707 .1600 ASHLAND, OR 97520 PA -TREE -2024-00224 391 E10CC5600 PA -TREE -202400224 391 E10CB7800 PA -TREE -2024-00224 391 E10087900 MORGAN NANCY L TRUSTEE FBO PALM STREET LLC PITTMAN GARTH M AND KATHLEEN 328 PALM AVE PO BOX 548 1709 LEONARD ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND OR 97520 PA -TREE -2024-00224 391 E10CC5100 PA -TREE -2024-00224 391 E10CC5200 PA -TREE -202400224 391 E10CC4400 RUBENSON DANIEL L TRUSTEE ET SAFFRON&ROSE LLC SAI RAM LLC 710 PRACHT ST 15222 LA PALOMA WAY 324 S CENTRAL AVE ASHLAND, OR 97520 REDDING, CA 96001 MEDFORD, OR 97501 PA -TREE -2024-00224 391 E10CB7500 PA -TREE -2024-00224 391 E10CC5500 PA -TREE -2024-00224 391 E10CB7800 SCHOENLEBER WILLIAM E SCHWARZER PETER FRED SISKIYOU OFFICE BUILDING LLC 12795 HIGHWAY 140 2257 DOLLARHIDE WAY JANET R ROLLINS EAGLE POINT, OR 97524 ASHLAND, OR 97520 1025 SISKIYOU BLVD ASHLAND, OR 97520 PA -TREE -202400224 391E10CB9100 PA -TREE -2024-00224 391 E1OCC4500 PA -TREE -2024-00224 VITUS COREY EISVETLANA MELIKO WEATHERWAX RYAN M ET AL LINDA KILCOLLINS PO BOX 1097 354 GARFIELD ST 1065 SISKIYOU GOLD HILL, OR 97525 ASHLAND, OR 97520 ASHLAND, OR 97520 PA -TREE -2024-00224 1065 Siskiyou CASEY ROLAND NOC 659 CLAY ST 2122124 25 ASHLAND, OR 97520 25 Assessor's Map No. 39 1 E Tax Lot(s) Zoning Comp Plan Designation APPLICANT? Name ' C t �, Phone 31L4 i - t � 4 `7 E -Mail Address City Zip PROPERTY OWNER Name ( "IsL .i rsr s -E Phone E -Mail P rv� = CeJ P d o (cw . ' ,n dti , (. < Address City. .- ' Lk C . Zip. j SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER S -Z -i I -" t-4 %'K -0 V � Title � i Name - '�, i�e3fA Phone --2- � E -Mail 9 —� it Plr�I -er—ek�,', Address �� C. r i s 1r� C6ty � "` zip � ;'1 "' C"O Title Phone E -Mail Address _ City Zip I hereby certify that the statements and information contained in this appliealion, 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 locatlon 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 t 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) equest;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 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 rem ov . i xpense. If l have any doubts, t am advised to seek competent professional advice and assistance. Applicant's Signature Date T Els owner of the property involved in this request, l have read and understood the complete application and its consequences to me as a property 0 7, 1� -�1/l f 2_1�z Property Owners ignature (required) Date IT. 6e c Mpl.Ted Gy City Slaf ) Date Received Zoning Permit Type Filing Feej r7TA Csdcoo...... & HmsdY.ring P.uric RppEi146-.,i Linda Kilcollins <innkeeper@countrywillowsinn.com> Gma'[ Fwd: Palm Motel Tree Removal... 1 message Linda Kilcollins <linda.palmcottages@gmail.com> Mon, Jan 8, 2024 at 6:47 AM To: Country Willows Inn <innkeeper@countrywillowsinn.com> Print for application. Linda K Kilcollins General Manager - Palm Cottages ---------- Forwarded message --------- From: Casey Roland <c�ise4ypro[an(�,treLecare @ grnail.corn> Date: Mon, Jan 8, 2024 at 6:45 AM Subject: Palm Motel Tree Removal... To: <LiE-ada.paf-r�cottagos@gmai?.com> Good morning Linda. I inspected the Siberian elm next to the swimming pool, I saw a good deal of fungal fruiting bodies around the root collar as well as on the mainstem which is indicative of extensive internal decay. The mainstern is hollow and the tree shows signs of decline which appears to have accelerated since the last time I saw this tree, about a year ago. Due to the proximity of the pool and walkway leading to the rear cottage, I recommend the removal of this tree as soon as possible, as it meets, in my opinion, the criteria of a hazardous tree; Please feel free to contact me with any questions or concerns. 549-488-0782 Thanks. Casey