HomeMy WebLinkAboutNorth Main_1169 (PA-2009-01622)
CITY OF
ASHLAND
January 28, 2010
Richard Lovett
PO 427
Ashland, OR 97520
Notice of Final Decision
On January 28, 2010, the Staff Advisor for the Ashland Planning Division administratively approved your
request for the following:
PLANNING ACTIONS: 2009-01622
SUBJECT PROPERTY: 1169 North Main Street
APPLICANT: Richard Lovett
DESCRIPTION: A request for a Tree Removal Permit approval for a split trunk, 12 & lO-inch diameter
at breast height Almond tree located on a vacant parcel at 1169 North Main Street.
COMPREHENSIVE PLAN DESIGNATION: R-I-7.5; ZONING: R-I-5; ASSESSOR'S MAP #: 39
IE 05 BA; TAX LOT: 101
The Staff Advisor's decision becomes final and is effective on the 13th day after the Notice of Final
Decision is mailed.
Prior to that date, anyone who was mailed this Notice Of Final Decision may request a reconsideration of
the action by the Staff Advisor as set forth in the Ashland Land Use Ordinance (ALUO)
l8.108.070(B)(2)(b) and/or file an appeal to the Ashland Planning Commission as provided in the ALUO
18.108.070(B)(2)(c).
An appeal may not be made directly to the Land Use Board of Appeals. 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 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 applicaht 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.
The application, all associated documents and evidence submitted, and the applicable criteria are available
for review at no cost 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.
If you have any questions regarding this decision, please contact the Department of Community
Development between the hours of 8:00 am and 4:30 pm, Monday through Friday at (541) 488-5305.
cc:
DEPT. OF COMMUNITY DEVELOPMENT
20 E. Main Street
Ashland, Oregon 97520
www.ashland.or.us
Tel: 541-488.5305
Fax: 541.552.2050
TTY: 800.735.2900
r~'
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTIONS: 2009-01622
SUBJECT PROPERTY: 1169 North Main Street
APPLICANT: Richard Lovett
DESCRIPTION: A request for a Tree Removal Permit approval for a split trunk, 12 & lO-inch
diameter at breast height Almond tree located on a vacant parcel at 1169 North Main Street.
COMPREHENSIVE PLAN DESIGNATION: R-1-7.5; ZONING: R-1-5; ASSESSOR'S
MAP #: 39 IE 05 BA; TAX LOT: 101
SUBMITTAL DATE:
DEEMED COMPLETE DATE:
STAFF APPROVAL DATE:
FINAL DECISION DATE:
APPROVAL EXPIRATION DATE:
December 31, 2009
January 13, 2010
January 28,2010
February 11, 2010
February 11, 2011
DECISION
The property is located on the north side of North Main Street above the Railroad right-of-way. It is a
vacant parcel. The tree removal request is for an Almond tree, which is near the center of the parcel.
The Almond tree is a split trunk with a lO-inch and a 12-inch in diameter at breast height trunk. The tree
is very near the proposed structure and will likely be damaged during construction of the new single-
family residence. The applicant states that the tree is in a state of decline and was likely a remnant of the
old orchards that once lined that portion of Ashland's hillside.
The trees removal will not have a negative impact on erosion as the new residence will be located in the
same location. There are numerous trees within 200-feet of this property and remnant Almond trees still
stand downhill from this location. The trees removal is required to be mitigated for prior to issuance of
the Certificate of Occupancy for the new single family residence.
The criteria for a Tree Removal Permit are described in AMC Chapter 18.61.080, as follows:
An applicant for a Tree Removal Permit shall demonstrate that the following criteria are satisfied. The
Stciff Advisor may require an arborist's report to substantiate the criteria for a permit.
A. Hazard Tree: The Stciff Advisor shall issue a tree removal permit for a hazard tree if the
applicant demonstrates that a tree is a hazard and warrants removal.
1. A hazard tree is a tree that is physically damaged to the degree that it is clear that it is likely
to fall and injure persons or property. A hazard tree may also include a tree that is located
within public rights of way and is causing damage to existing public or private facilities or
services and such facilities or services cannot be relocated or the damage alleviated. The
applicant must demonstrate that the condition or location of the tree presents a clear public
safety hazard or a foreseeable danger of property damage to an existing structure and such
hazard or danger cannot reasonably be alleviated by treatment or pruning.
P A #2009-01622
1169 N Main./adg
Page 1
2. The City may require the applicant to mitigate for the removal of each hazard tree pursuant
to AMC 18.61.084. Such mitigation requirements shall be a condition of approval of the
permit.
B. Tree that is Not a Hazard: The City shall issue a tree removal permit for a tree that is not a
hazard if the applicant demonstrates all of the following:
1. The tree is proposedfor removal in order to permit the application to be consistent with
other applicable Ashland Land Use Ordinance requirements and standards. (e.g. other
applicable Site Design and Use Standards). The Staff Advisor may require the building
footprint of the development to be staked to allow for accurate verification of the permit
application; and
2. 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; and
3. 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. Nothing in this section shall require that the residential density 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 or alternate landscaping
designs that would lessen the impact on trees, so long as the alternatives continue to comply
with other provisions of the Ashland Land Use Ordinance.
1. The City shall require the applicant to mitigate for the removal of each tree granted
approval pursuant to AM C 18.61.084. Such mitigation requirements shall be a
condition of approval of the permit.
The application with the attached conditions complies with all applicable City ordinances.
Planning Action 2009-01483 is approved with the following conditions. Further, if anyone or more of
the following conditions are found to be invalid for any reason whatsoever, then Planning Action 2009-
01483 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 modified here.
2) That a 1 Y2 - inch caliper, eight-foot minimum height deciduous mitigation tree which will equal or
exceed the removed trees size and stature at maturity shall be planted on site prior to the issuance of
a Certificate of Occupancy for the new single family residence. The tree shall be planted and
/' ma~.~~.0JHed according to the specifications in the City Tree Planting and Maintenance Guidelines.
(-
I.......... .
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P A #2009-01622
1169 N Main./adg
Page 2
~i~~".
.,.11
Planning Department, 51 Wil 1 Way, Ashland, Oregon 97520
541-488-5305 Fax: 541-552~Lv50 www.ashland.or.us TTY: 1-800-735-2900
CITY OF
ASHLAND
NOTICE OF APPLICATION
PLANNING ACTIONS: 2009-01622
SUBJECT PROPERTY: 1169 North Main Street
APPLICANT: Richard Lovett
DESCRIPTION: A request for a Tree Removal Permit approval for a split trunk, 12 & 10-inch diameter at
breast height Almond tree located on a vacant parcel at 1169 North Main Street.
COMPREHENSIVE PLAN DESIGNATION: R-1-7.5; ZONING: R-1-5; ASSESSOR'S MAP #: 391E 05 BA; TAX
LOT: 101
NOTICE OF COMPLETE APPLICATION: January 13,2010
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: January 27, 2010
+
The Ashland Planning Division Staff has received a complete application for the property noted above.
Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn Way, Ashland,
Oregon 97520 prior to 4:30 p.m. on the deadline date shown above.
Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a
notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the
comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the
application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning
Division Staff's decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC
18.108.040)
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.
A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and
will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering
Services Building, 51 Winburn Way, Ashland, Oregon 97520.
If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305.
G :\comm.dev\planning\Notices Mailed\20 I 0\2009-0 1622,doc
TREE REMOVAL
18.61.080 Criteria for Issuance of Tree Removal 3ff Permit
An applicant for a Tree Removal Permit shall demonstrate that the following criteria are satisfied. The Staff Advisor may require an arborist's report to
substantiate the criteria for a permit.
A Hazard Tree: The Staff Advisor shall issue a tree removal permit for a hazard tree if the applicant demonstrates that a tree is a hazard and warrants
removal.
1. A hazard tree is a tree that is physically damaged to the degree that it is clear that it is likely to fall and injure persons or property. A hazard tree may
also include a tree that is located within public rights of way and is causing damage to existing public or private facilities or services and such facilities or
services cannot be relocated or the damage alleviated. The applicant must demonstrate that the condition or location of the tree presents a clear public
safety hazard or a foreseeable danger of property damage to an existing structure and such hazard or danger cannot reasonably be alleviated by
treatment or pruning.
2. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to AMC 18.61.084. Such mitigation requirements shall be
a condition of approval of the permit.
B. Tree that is Not a Hazard: The City shall issue a tree removal permit for a tree that is not a hazard if the applicant demonstrates all of the following:
1. The tree is proposed for removal in order to permit the application to be consistent with other applicable Ashland Land Use Ordinance requirements
and standards, including but not limited to applicable Site Design and Use Standards and Physical and Environmental Constraints. The Staff Advisor may
require the building footprint of the development to be staked to allow for accurate verification of the permit application; and
2. 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; and
3. 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. Nothing in this section shall require that the residential density 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 or
alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with other provisions of the Ashland
Land Use Ordinance.
4. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to AMC 18.61.084. Such mitigation
requirements shall be a condition of approval of the permit.
(ORD 2951, 2008; ORD 2883, 2002)
G:lcomm-devlplanningINotices Mailed\20 1 012009-0 1622.doc
PA-2009-01622 391 E05BA 3100 PA-2009-01622 391 E05BA 400 PA-2009-01622 391 E05BA 2400
BARRETT RACHEL BARTON BRUCE G TRUSTEE ET AL BROWN CHARLES E/GLENDA M
1176 MAIN ST 450 ASHLAND ST 1205 N MAIN ST
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-01622 391 E05BA 2300 PA-2009-01622 391 E05BA 200 PA-2009-01622 381 E32 2200
CURTIS MARY KlGARY L ELDER JIMMIE R TRUSTEE ET AL GREENE BILLY DOYLE TRUSTEE
1191 N MAIN ST 346 HIGH ST 367 OXFORD ST
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-01622 391 E05BA 2900 PA-2009-01622 391 E05BA 600 PA-2009-01622 391 E05BA 2500
GUY CHARLES EDWARD HAYES JEREMY JANG KWANGSUN ET AL
950 CEDAR WAY 102 GANGNES DR 1213 MAIN ST
ASHLAND OR 97520 TALENT OR 97540 ASHLAND OR 97520
PA-2009-01622 391 E05BA 501 PA-2009-01622 391 E05BA 700 PA-2009-01622 391 E05BA 102
KLEIMAN PROPERTIES LLC LE VANN JONATHAN LOVETT RICHARD P TRUSTEE
PO BOX 1295 PO BOX 232 PO BOX 427
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-01622 391 E05BA 2800 PA-2009-01622 391 E05BA 3200 PA-2009-01622 391 E05BA 3000
NAUMES MICHAEL J PECARIC JASNICA ET AL STANTON JOSHUA
1210 N MAIN ST 1172 MAIN ST 1190 MAIN ST
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-01622381E321702
ZARE BEN TRUSTEE 21"
339 W VALLEY VIEW RD 1-13-10
ASHLAND OR 97520 1169 N Main St
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 January 13, 2010 I 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-2009-01622,
1169 N Main Street, Ashland Oregon.
cma)~QQ_-,
Signature of Employee
G:\comm.devlplanning\TemplateslAffidavit of Mailing_Planning Action Notice.doc 1/12/2010
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INFORMATION TECHNOLOGY
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JACKSON
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warranlles, expressed or implied.
Created with MapMaker Map created on 1/12/2010 1:34:15 PM usingweb.jacksoncounty.org
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ZONING PERMIT APPLICATION
FILE # ~ J J.. ooq.- () I to;}, '2
Planning Department
51 Winburn Way, Ashland OR 97520
City o.
AS H LA NO 541-488-5305 Fax 541-488-6006
DESCRIPTION OF PROJECT '-Ie: ~~ {2:~ l'Ii 0'\1 A- L
DESCRIPTION OF PROPERTY
Streel Address \ \ /oct. I\lo ~ M~ ~ '" ~ -r'""f33-t:=T
Assessor's Map No. 39 1 E b_ ~ Tax Lol(s) I D I
Zoning ~ \ - l t S- Comp Plan Designation.
APPLICANT
Name '? ~t~b r, Lo v'6TI Phone Gr.;-4.~t!fJ7Z---o24 7 E-Mail
Address 7 c( '-gkUM <7r . City -k H-l- rtNJ'> Jfl- Zip 11 q'Lv
PROPERTY OWNER
Name L..DV~TT lIZ-LIST
Address -P r() f .~ ;< <\-7.."(
SURVEYOR. ENGINEER. ARCHITECT. LANDSCAPE ARCHITECT. OTHER
Phone~) t?J!3 Z- -0'2.47 E-Mail
City ~r; bf1-'frN:P1 OJ( ~iP q? 5'" z... D
Tille
Name
Phone
E-Mail
Address
City
Zip
Title
Name
Phone
E-Mail
Address
City
Zip
/ hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fset, are in all respects.
true and correct. 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 ownar assumes full responsibility. I further understand that if this request is subsequently contested, the burden will be on me to
establish:
1) that/ produced sufficient fsetual evidence at the hearing to support this request;
2) that the findings of fset fumished justifies the granting of the request;
3) that the findings of fset fumished by me are edequate; and further
4) that all structures or improvements are properly located on the ground.
'ng set aside. but a/so possibly in my structures being built in reliance thereon being required to
mpetent professional edvice and assistance.
Date
and understood the complete application and its consequences to me as a property
-ee
Date
[To be COfT1)INd by ~ SUR'!
~;;/~q /01
~. .,~
Dale Received
Zoning Permit Type
/
Filing Fee $
~;(,~
OVER ..
Tree Removal At 1169 North Main Street Lot
· Existing Almond tree with two trunks 10 inches and 12 inches with a 20 foot canopy.
· The tree is a remnant of an old orchard that is in a state of die-back and decline.
. The tree needs to be removed as it interferes with the underground utility lines as
well as the foundation footing of the proposed house.
. Upon issuance of a building permit, the tree will be removed and replaced as per the
specification set forth in the City Tree Planting and Maintenance Guidelines.
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______________J
Contractor:
Address:
Phone:
State Lie No:
City Lie No:
Sub-Contractor:
Address:
Phone:
State Lie No:
City Lie No:
COMMUNITY DEVELOPMENT
20 East Main 51.
Ashland, OR 97520
www.ashland.or.us
Tel: 541-488-5305
Fax: 541-488-5311
TTY: 800-735-2900
Inspection Request Line: 541-552-2080
CITY OF
ASHLAND