HomeMy WebLinkAboutLantern Hill_377 (PA-2009-01431)
CITY Of
ASHLAND
December 31, 2009
Kerry KenCairn
545 A Street
Ashland, OR 97520
Notice of Final Decision
On December 31, 2009, the Staff Advisor for the Ashland Planning Division administratively approved
your request for the following:
PLANNING ACTION: 2009-01431
SUBJECT PROPERTY: 377 Lantern Hill
OWNER! APPLICANT: Kerry KenCairn for Stephen Shekhar
DESCRIPTION: A request for a Modification of the Tree Protection and Preservation Plan approved as
part of Planning Action 2008-01843, Physical and Environmental Constraints Review Permit for Hillside
Development. The excavation of the foundation for the new addition to the single-family residence
compromised the root structure of a 19-inch DBH Douglas Fir tree that was originally proposed for
preservation as part of that plan for the property located at 377 Lantern Hill. The tree is located to the
south of the building that is currently under construction. COMPREHENSIVE PLAN DESIGNATION:
Commercial; ZONING: C-I-D; ASSESSOR'S MAP #: 39 IE 08 DD; TAX LOT: 910
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)
18.1 08.070(B)(2)(b) and/or file an appeal to the Ashland Planning Commission as provided in the ALUO
18.1 08.070(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 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.
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: Stephen Shekhar 812 Nadia Wy Medford, OR 97501
Parties of Record and Property Owners within 200 feet
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
rA'
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTIONS: 2009-01431
SUBJECT PROPERTY: 377 Lantern Hill
APPLICANT: Kerry KenCairn for Stephen Shekhar
DESCRIPTION: A request for a Modification of the Tree Protection and Preservation Plan approved
as part of Planning Action 2008-01843, Physical and Environmental Constraints Review Permit for
Hillside Development. The excavation of the foundation for the new addition to the single-family
residence compromised the root structure of an 19-inch DBH Douglas Fir tree that was originally
proposed for preservation as part of that plan. The tree is located to the south of the building that is
currently under construction.
COMPREHENSIVE PLAN DESIGNATION: Rural Residential; ZONING: RR-.5; ASSESSOR'S
MAP #: 39 1E 08 DD; TAX LOT: 910
SUBMITTAL DATE:
DEEMED COMPLETE DATE:
STAFF APPROVAL DATE:
FINAL DECISION DATE:
APPROVAL EXPIRATION DATE:
November 6, 2009
November 25,2009
December 31, 2009
January 13, 2010
January 13, 2011
DECISION
The subject property is located along the east and south sides of the Lantern Hill Drive cul-de-sac. The
parcel is approximately 55,103 square feet in size and is zoned Rural Residential (RR-.5). The lot has a
small, 1,072 square foot residence with a two vehicle garage located on the parcel that was constructed
in 1995. In December 2008 an application for Physical and Environmental Constraints Review permit
for Hillside Development to expand the existing structure was approved. The construction of the
addition began in October 2009.
The proposal is to remove a 19-inch diameter at breast height Douglas fir tree that was originally
proposed for preservation as part of Planning Action 2008-01843.
During the excavation for a retaining wall on the new addition large roots were cut. An arborist assessed
the tree upon the request of the project Landscape Architect. He found that several major roots had been
severed. The arborist determined that the severed roots would compromise the trees survivability and he
recommended removal due to the loss of anchoring roots and the risk of wind throw that root loss may
cause.
The fir tree was proposed for protection, tree protection fencing was installed and the fencing was
inspected by staff. The excavator damaged the roots and the project Landscape Architect brought it to
the attention of City staff. Staff determined based on the situation that a Modification of the previous
approval for tree removal would allow for mitigation of the tree removal verses going to court for a fine.
Staff has determined that removal of the tree is appropriate given the arborist report. To mitigate for the
loss of a significant tree, the applicant is required to address the tree as a whole system and take into
account the above ground as well as the below ground elements of a tree. Trees capture and hold
P A #2009-01431
377 Lantern HiII/adg
PnJYp. 1
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.
The application with the attached conditions complies with all applicable City ordinances.
Planning Action 2009-01431 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-
01431 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) The patio and pathway surfaces proposed for the new single family residence shall be constructed
using a pervious paving technique with a porous sub-grade installed to the manufacture's
specifications.
3) ThaUhe pervious paver system be inspected by the project Landscape Architect and that a written
.fi!t!~, i~,,?,roper installation be provided to the. City of Ashland Planning Division.
'4-( Ct, (z hi I,?~e; S
BiJlh1 nar, Director I / Date '
Department of Community Development
PA #2009-01431
377 Lantern HiII/adg
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Ea~ Peel@ Labels
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PA-2009.01431 391EOBDD 907
BLANCHE ROBERT NIL YNN M
347 LANTERN HILL DR
ASHLAND OR 97520
PA-2009-01431 391 EOBDD 901
FLOYD ROGER M TRUSTEE
351 GRANITE ST
ASHLAND OR 97520
PA-2009-01431 391E17AA 2100
KENNEDY JAMES P
506 GRANITE ST
ASHLAND OR 97520
PA-2009.01431 391 EOBDD 703
PATRIDGE WILLIAM C/BARBARA J
295 MAIN ST 1
ASHLAND OR 97520
PA-2009.01431 391 EOBDD 910
SHEKHAR ENTERPRISES LIMITED
PARTNERSHIP
B12 NADIA WAY
MEDFORD OR 97504
PA-2009-01431 391 EOBDD BOO
TERRILE JAMES L
21009 SNAG ISLAND DR
LAKE TAPPS WA 98391
PA-2009-01431 391E17AA 200
TOURZAN DAVID K/LEANN J
395 GRANITE ST
ASHLAND OR 97520
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PA 200901131 391fiOSDD 705 PA-2009-01431 391 EOBDD 905
GITY OF ".SHU\ND FEINSTEIN-EDEN TRUST ET AL
20 E M.~IN Sl 381 GRANITE ST
ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-01431 391 EOBDD 909
GILDERSLEEVE 0 C/E W SAVAGE
PO BOX 31
ASHLAND OR 97520
PA-2009-01431 391 E08DD 902
HENRY STEPHEN "CONWAY MD-
TRUSTEE
355 GRANITE ST
ASHLAND OR 97520
PA-2009-01431 391E17AA 100
MILLER ROBERT M/JOYCE L
393 GRANITE ST
ASHLAND OR 97520
PA-2009-01431 391 EOBDD 90B
MALESKY EDWIN VILlNDA M
305 IVY
REDLANDS CA 92373
PA-2009-01431 391 EOBDD 1000
PITBLADDO RICHARD SR
6949 BENT GRASS DR
NAPLES FL 34113
PA.2009.01431 391 EOBDD 704
ROSS DONALD AlAMY M
333 WINDSOR AVE
MEDFORD OR 97504
PA-2009-01431 391 EOBDD 903
SULLY JOHN M/JEAN
PO BOX 3600
ASHLAND OR 97520
PA.2009-01431 391EOBDD 1001
SWANSON CHRISTINE E
50 SW 68TH AVE
PORTLAND OR 97225
PA-2009.01431 391E17AA 300
THOMAS THEODORE F '" TRUSTEE
415 GRANITE ST
ASHLAND OR 97520
PA-2009-01431 391EOBDD 904
THORNDIKE DANIEL C/JOAN E
369 GRANITE S1
ASHLAND OR 97520
PA-2009-01431
Cartos Degado
545 A St
Ashland, OR 97520
PA-2009-01431
Kencaim Landscape
545 A St #1
Ashland, OR 97520
20 NO])
377 Lantern Hill / I
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DAILY FIELD REPORT
AMRHEIN
ASSOCIATES, Inc.
Project: Shekhar Residence Addition Project No: DE39-09.02
Location: 377 Lantern Hill Lane, Ashland Date: December 10,2009
AAI Field Rep: Mark Amrhein Weather: Clear, cold
Arrived: 9:20 AM Left Site: 9:35 AM
We arrived on site at the request of Don Winslow to observe the drainage piping behind
the retaining walls. They had installed the perforated pipe drain lines and connected
them together through the several footings and stem walls, and finally through the
footing on the south side of the building. They still had to connect the outlet from the
footing to the pipe that ran to the curb outlet. The piping was installed in general
accordance with our recommendations.
We understand the entire volume behind the retaining walls will be filled with washed
rock using a CAD truck. We agreed that was acceptable and the washed rock would be
appropriate to support the patio pavers to be placed over the backfill. Don said he
would capped the washed rock with a layer of% "-minus rock to create a stable working
surface to place the pavers. We agreed.
Signed:_1f!~d- - ~ -----
This report presents opinions formed as a result of Amrhein Associates. Inc. I) observaUons of the contractor's activities reiaUng to
the geotechnical engineering aspects of the project. The presence of our fi representaUve is for the purpose ofproviding
observation and field testing only. lMl rely on the contractor to comply with the plans and spec/ficati ons throughout the duration of/he
project irrespective of the presence of the AAI representaUve. Our work does not include supervision or direction of the actual work of
the contractor. his employees or agents. Neither the presence of our representative nor the observation and testing by our finn shall
excuse the contractor in any way for defects discovered /n thei r work. AAI will not be responsible for jOb or site safety on this project.
PC100007,JPG
12/10/2009
12/1 0/2009
Delgado/Shekhar - Lantern Hill
Amrhein A,ssodales, Ino.
DelgadolShekl1ar - Lantern Hill
Amrhein Assodates, Ino.
DAILY FIELD REPORT
AMRHEIN
ASSOCIATES, Inc.
Project: Shekhar Residence Addition Project No: DE39-09.02
Location: 377 Lantern Hill Lane, Ashland Date: December 1,2009
AAI Field Rep: Mark Amrh'ein Weather: Clear, cool
Arrived: 1 :00 PM Left Site: 1:10PM
We arrived on site at the request of Don Winslow to observe the footing and ftoor slab
subgrade for the monolithic, concrete foundation. The subgrade was somewhat wet,
but mostly firm upon hand probing with a %" dia. steel rod. We noted a soft area where
the bathroom plumbing line ran across the floor. The pipe had been backfilled with wet
decomposed granite soil and was very soft. We recommended they remove the soft,
wet soil and replace itwith %"-minus crushed rock, compacted in place. They
proceeded to remove the wet soil while we were on site.
We also noted one other small, soft spot (about 3' x 4') apparently where the wheel
barrow came off the ramp from the garage and bounced onto the subgrade. We
recommended they also remove the soft soil from that area once they were done with
the wheel barrow and replace the soft mate rial with crushed rock. They agreed.
Once the repairs are completed, the subgrade will be ready to cover with the insulation
and rebar placed for the concrete pour.
Signed:_'itJ~d- - ~ -----
This report presents opinions formed as a result of Amrhein Associates, Inc. I) observations of the contractor's activities relating to
the geotechnical engineering aspects ofthe project. The presence of our fi representative is for the purpose of providing
observation and field testing only. VWl rely on the contractor to comply with the plans and specifications throughout the duration of the
project irrespective of the presence of the AAI representative. Our work does not include supervision or direction of the actual work of
the contractor, his empioyees or agents. Neither the presence of our representative nor the observation and testing by our firm shall
excuse the contractor in any way for defects discovered in thei r work. AAI will not be responsible for job or site safety on this project.
Shekhar - Lantem Hill Drive
Amrhein Assodates, lnc.
DAILY FIELD REPORT
AMRHEIN
ASSOCIATES, Inc.
Project: Shekhar Residence Addition Project No: DE39-09.02
Location: 377 Lantern Hill Lane, Ashland Date: November 3,2009
AAI Field Rep: Mark Amrhein Weather: Clear, cool
Arrived: 12:00 PM Left Site: 12:15 PM
We arrived on site at the request of Don Winslow to observe the deepened footing on
the upper bench as recommended yesterday. They had over-excavated the footing
about 8 inches and upon hand probing the subgrade appeared to be dense,
decomposed granite soil. The over-excavated footing subgrade was acceptable for
pouring concrete.
Signed: -1tJ~d- - ~ ------
This report presents opinions formed asa result of Amrhein Associates, Inc. I) observaUons of the contractor's activities re/aUng to
the geotechnlcai engineering aspects of the project. The presence of our fi representative is for the purpose of providing
obseNafion and fieid testing only. Wl rely on the contractor to comply with the plans and specificaU ons throughout the duration of the
project irrespective of the presence of the MI representative. Our work does not include supeNfsion or direction of the actual work of
the contractor, his employees or agents. Neither the presence of our representative nor the obseNation and testing by our firm shall
excuse the contractor in any way for defects discovered in thei r work. MI will not be responsible for job or site safety on this project.
Delgado. Shekhar Res
Ammein Assodates, Inc.
Planning Department, 51 Winburn Way, Ashland, Oregon 97520
541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900
CITY OF
OF APPLICATION
PLANNING ACTION: 2009-01431
SUBJECT PROPERTY: 377 Lantern Hill
OWNER/APPLICANT: Kerry KenCairn for Stephen Shekhar
DESCRIPTION: A request for a Modification of the Tree Protection and Preservation Plan approved as part of
Planning Action 2008-01843, Physical and Environmental Constraints Review Permit for Hillside Development. The
excavation of the foundation for the new addition to the single-family residence compromised the root structure of
a inch DBH Douglas Fir tree that was originally proposed for preservation as part of that plan for the property
located at 377 Lantern Hill. The tree is located to the south of the building that is currently under construction.
COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1-D; ASSESSOR'S MAP #: 39 1E 08 DD; TAX
LOT: 910
NOTE: The Ashland Tree Commission will also review this Planning Action on December 3, 2009 at 6:00 p.m. in the
Community Development and Engineering Services building (Siskiyou Room) located at 51 Winburn Way.
NOTICE OF COMPLETE APPLICATION: November 25,2009
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: December 9, 2009
SUBJECT PROPERTY
377 LANTERN HILL
39 IE 0600 910
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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\Noltces Mailed\2009\2009-01431.doc
PHYSICAL & ENVIRONMENTAL CONSTRAINTS
18.62.040.1 Criteria for Approval
A Physical Constraints Review Permit shall be issued by the Staff Advisor when the Applicant demonstrates the following:
1. Through the application of the development standards of this chapter, the potential impacts to the property and nearby areas
have been considered, and adverse impacts have been minimized.
2. That the applicant has considered the potential hazards that the development may create and implemented measures to
mitigate the potential hazards caused by the development.
3. That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be
considered more seriously than reversible actions. The Staff Advisor or Planning Commission shall consider the existing
development of the surrounding area, and the maximum permitted development permitted by the Land Use Ordinance.
(ORD 2808, 1997; ORD 2834, 1998; ORD 2951, 2008
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Easy Peel Labels ~ !
Use Avery@ TEMPLATE 5160@ l
PA-2009-01431 391 E08DD 907
BLANCHE ROBERT NIL YNN M
347 LANTERN HILL DR
ASHLAND OR 97520
PA-2009-01431 391E08DD 901
FLOYD ROGER M TRUSTEE
351 GRANITE ST
ASHLAND OR 97520
PA-2009-01431391E17AA2100
KENNEDY JAMES P
506 GRANITE ST
ASHLAND OR 97520
PA-2009-01431 391 E08DD 703
PATRIDGE WILLIAM C/BARBARA J
295 MAIN ST 1
ASHLAND OR 97520
PA-2009-01431 391 E08DD 910
SHEKHAR ENTERPRISES LIMITED
PARTNERSHIP
812 NADIA WAY
MEDFORD OR 97504
PA-2009-01431 391 E08DD 800
TERRILE JAMES L
21009 SNAG ISLAND DR
LAKE TAPPS WA 98391
PA-2009-01431 391E17AA 200
TOURZAN DAVID K/LEANN J
395 GRANITE ST
ASHLAND OR 97520
Etiquettes faciles a peler
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PA 200901431 391E08DD 705
CITY Of ASHLAND
20 E MAIN ST
ASHLAND OR 97520
PA-2009-01431 391 E08DD 909
GILDERSLEEVE 0 C/E W SAVAGE
PO BOX 31
ASHLAND OR 97520
PA-2009-01431 391 E08DD 908
MALESKY EDWIN V/LlNDA M
305 IVY
REDLANDS CA 92373
PA-2009-01431 391E08DD 1000
PITBLADDO RICHARD SR
6949 BENT GRASS DR
NAPLES FL 34113
PA-2009-01431 391 E08DD 903
SULLY JOHN M/JEAN
PO BOX 3600
ASHLAND OR 97520
PA-2009-01431 391E17AA 300
THOMAS THEODORE F III TRUSTEE
415 GRANITE ST
ASHLAND OR 97520
PA-2009-01431
Carlos Degado
545 A St
Ashland, OR 97520
A
Sens de charqement
~ @AVERV@5160@ 1
PA-2009-01431 391E08DD 905
FEINSTEIN-EDEN TRUST ET AL
381 GRANITE ST
ASHLAND OR 97520
PA-2009-01431 391 E08DD 902
HENRY STEPHEN CONWAY MD-
TRUSTEE
355 GRANITE ST
ASHLAND OR 97520
PA-2009-01431 391E17AA 100
MILLER ROBERT M/JOYCE L
393 GRANITE ST
ASHLAND OR 97520
PA-2009-01431 391E08DD 704
ROSS DONALD AlAMY M
333 WINDSOR AVE
MEDFORD OR 97504
PA-2009-01431 391E08DD 1001
SWANSON CHRISTINE E
50 SW 68TH AVE
PORTLAND OR 97225
PA-2009-01431 391 E08DD 904
THORNDIKE DANIEL C/JOAN E
369 GRANITE ST
ASHLAND OR 97520
PA-2009-01431
Kencairn Landscape
545 A St #1
Ashland, OR 97520
20
377 Lantern Hill
Mailed 11-25-09
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1.ROO-GO-AVFRV
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 25, 2009 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 #2009-01431,377
Lantern Hill.
r1It~ J/dy~,
Signat of Employee
SIGNED AND SWORN TO before me this 1st day of December, 2009.
{:l1'!1i'~IAb SEAL
~1~~W",., ~O.WEU.
~9Tf,\,~Y PU~~.~~~~IGON
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Notary Public for State of Oregon
My Commission Expires: t/~ 1~ 1"3
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JACKSON
COUNTY
Oregon
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MODIFICA TION TO
Tree Protection and Removal Portion
Findings of Fact
for
Physical & Environmental Constraints Review Permit
for
Development in Hillside Lands with Severe Constraints
Subject Property:
377 Lantern Hill Drive
Assessor's Map 39 1 E 0800 Tax Lot 910
Zoning RR - .5P
Proposed Use:
Single family residence
Submitted to:
City of Ashland Planning Department
Submitted for:
Stephen and Claudette Shekhar
Originally Prepared by:
Carlos Delgado
Delgado Architecture
545 A Street
Ashland, Oregon 97520
541.552.9502
Modified bv KerN KenCairn
Kencairn Landscaoe Architecture
11/06/09
Shekhar Residence - 3T mtern Hill Drive (Map 391 E08DD - TI 0)
Findings of Fact
Compliance with Development Standards for Hillside Lands
11/07/08
This modification reauests the removal of one additional tree for a total of 5 trees to be
removed to allow the construction of this home remodel/addition. As part of the
construction process it was discovered that the primarv structural tree roots of this tree
were all in one auadrant and in an area that reauired more extensive excavation than
oriainallv planned for. The health and stability of the tree is severelv compromised bv
this excavation, and the home can't be built as approved otherwise. The applicant is
aware of the ordinance reauirina replacement with another tree of similar stature if this
tree is removed, and further aware that bv ordinance they could be reauired to mitiaate
for the loss of this tree above and beyond mere replacement. Unfortunatelv, this proiect
does not incoroorate larae amounts of pavina, or other potential opportunities to
implement alternative stormwater or porous pavina practices that would help the health
of the remainina trees. it is a primarilv forested site, and will remain that way.
This tree removal falls under the iurisdiction of the tree protection section of the Phvsical
and Environmental constraints portion of the code rather than the tree ordinance.
Penalties for failure to follow the plan are printed below.
18.62.130 Penalties
The following sections are in addition to the enforcement actions that may be taken and
penalties which may be imposed in chapter 18.112 for a violation of this chapter:
A. Whenever any work is being done contrary to the provisions of this chapter or whenever
erosion control measures, tree protection measures, wildfire control measures, or Flood plain
corridor development measures are not being properly maintained or are not functioning
properly due to faulty installation or neglect, the director of community development or the
director's designee, may order the work stopped by notice in writing served on any persons
engaged in the doing or causing of such work to be done, and any such persons shall
immediately stop work until authorized by the director or designee to proceed with the work.
B. All development under this chapter and all work or construction for which a permit is required
under this chapter shall be subject to inspection by the director of community development or
the director's designee. When an inspection is made under this section or when it is necessary
to make an inspection to enforce this code, or when the director or designee has reasonable
cause to believe that there exists upon Hillside lands a condition which is contrary to or in
violation of this chapter which makes the premises unsafe, dangerous or hazardous, the director
or designee may enter the premises at reasonable times to inspect or to perform the duties
imposed by this chapter, The director or designee shall first make a reasonable effort to locate
the owner or other person having charge of the premises and request entry.
C. The City may refuse to accept any development permit application, may revoke or suspend
any development or building permit, or may deny occupancy on the property until erosion
control measures, tree protection measures, wildfire control measures, or Flood plain corridor
development measures have been installed properly and are maintained in accordance with the
requirements of this chapter.
The applicant is reauestina to replace this tree with 2 2" caliper trees, one in the
location of the removed Doualass fir, and one to the riaht of the driveway at the
2
Shekhar Residence - 371 mtern Hill Drive (Map 391 E08DD - Tf 0)
Findings of Fact
Compliance with Development Standards for Hillside Lands
,
11/07/08
entrance to the GaraGe. Possible varieties for this replacement should native in
'character' and drouGht tolerant. The list below are sUGGested replacement trees for
approval:
Betula niGra 'Dura Heat'
Celtis occidentalis - Hackberrv
Quercus macrocaroa- Bur Oak
Sorbus alnifolia- Korean Mountain Ash
3
Shekhar Residence - 37, lntern Hill Drive (Map 391 E08DD - T 0)
Findings of Fact
Compliance with Development Standards for Hillside Lands
11/07/08
Findings of Fact for Physical & Environmental Constraints Review Permit for
Development in Hillside Lands with Severe Constraints
Reproduced here are those parts of the original findings that relate to tree preservation and protection, or
those portions that are new or have changed. New and altered information is underlined and in italics.
Ordinances
18.61 - Tree Preservation (m.d Protection
18.62 - Physical and Environmental Constraints
J 8.62.080 Development Stando.rds for Hillside I.,(l,nc1s
PAGE
5
7
9
ATTACHMENTS:
Sheet S-1
Sheet L-1
Sheet L-2
Sheet T-1
Landscape Site Plan
Planting and Irrigation Plan
Grading and Drainage Plan
Tree Protection Plan
4
Shekhar Residence - 37\ antern Hill Drive (Map 391 E08DD - T
Findings of Fact
Compliance with Development Standards for Hillside Lands
0)
11/07/08
Chapter 18.16 - R-R Rural Residential District
18.16.010 Purpose qf RR district
The purpose oJ the RR district is to stabilize and protect the rural residential clw.racteristics of areas which,
because qftojJogmphy, level qf semices, or other natural or developmentfact:ors are best semed by a large
lot designatiDn.
D Complies: The proposed use is for a 2 story single-family dwelling responding to a
sloped site condition.
18.16.020 Perrnitt:ed uses
The.following tlBeS and their accessory uses are pennitl:ed outright:
A. SingleJamily dwellings.
B. Agriculture cmd.Jarm UBes, except animal sales ya.rdB andfeed. yards, hogfarms. and allY olllmalsfed
garbage.
C. Publ.ic sc1wols, parks and recreation facilities.
D. Residential Planned Unit: Devel.opment..c; when authorized in accordance with Chapter .18.88, Plan.ned Unit
Development.
E. Home occupations.
D Complies: The lot is zoned RR -.5P. The approved lot is 55,103 SF - .1.27 Acre The
proposed use is for a single-family dwelling. Design features incorporate topographic
consideration and orientations responding to the sloped site conditions.
18.16.0ao Conditional uses.
D No conditional uses are requested under this application.
18.16.040 General regulations
A. Minimum lot: area: A1inimwn lot area",> in the RR zone may be one-half (lh), one (1), and two and one-hat!
(2 .}t2) acres, depending on the topographic nature, semice availability G11d surrounding lwid llses, and other
relevant: chamd:eri....<;ti.cs qIthe arecl.
B. Maximum lot coverage:
1. One..hatf W2) acre lots (RR-.5): twent!.J (20%) percent maximum.
Complies: Proposed lot coverage = 6,571 SF. (6,571 SF / 55,103 SF lot area =11.92%
(less than .20 max)
2. One (1) acre lots (RR-I): twelve (.12%) percent maximum.
8. Tu)() and one-half (2 %) acre lots (RR-2.5): seven (7%) percent mcvdmwn.
5
Shekhar Residence - 371 antern Hill Drive (Map 391 E08DD - T
Findings of Fact
Compliance with Development Standards for Hillside Lands
0)
11/07/08
Not applicable: Development is within RR-.5P zone
G A1inimum lot width: All lots shall be at least one hundred (lOO)feet in width.
Complies: Lot is irregular in shape with the width ranging from approx. 108 feet to 137
feet.
D. Lot depth: All lots shall be at least one hundredfi.fty (l50)jeet in depth. No lot depth shall be more than
three (8) t.imes its width
Complies: Lot is irregular in shape with the depth ranging from approx. 161 feet to 221
feet.
E.lvIinimumfront yard: 'There shall be afnmt yard qf at len..<:;t twenty (20)feet.
Complies: Proposed residence is beyond 20 foot setback
P. A1inirnum side yard: There shall be a minimum side yard offille (5) feet. except ten (10) feet along the side
yard facing the street on a corner lot
Complies: Proposed residence is beyond site specific building envelope setback of 10ft
G. Minimum rear yard: There shall be a minimum rear yard qft.en (1OJJeet
Complies: A rear yard setback of 10' is proposed.
H. lVlaxirruw1. building h.eight: No si.m.ct.ure shall be over thirt.Y:ftve (85)Jeet or two and one-h.aff (2 Vil) stories
in height. whicheller is less. This does not include agriculi.ural structures fifty (50)feet or rnomjrom any
property line.
Complies: The maximum building height to grade is a small length of roof eave 23.5 feet
above natural grade and is two stories in height. (This location is located on the site
plan and is the roof ridge gable @ 23.5' above 2116.5' grade elevation.
6
Shekhar Residence - 37 antern Hill Drive (Map 391 E08DD - T '0)
Findings of Fact
Compliance with Development Standards for Hillside Lands
11/07/08
Chapter 18.61 - Tree Preservation and Protection
18.61.010 Purpose
The City q[ Ashland recognizes the impmtance (if/Tees to the character and beauty afAshland as well as
the role that: trees have in advancing Uw public health, sqfet.y and welfare. The City ha..<; therf{fore
determined that reasonable regulation of the removal qf certain trees is necessary and that this regulation Q{
trees L<> bel-sed upon the fc)llowing geneml guidelines: .
A. The Ci.ty recognizes that trees CQl1 provide soil. stability, noise btifJertng, and wind protection benefits. The
Cit.y qf Ashland greatly lJulues trees for their ecologicul impottnnce, temperature mitigat.ion. enhanced
wildl[fe habitat and aesthetics.
B. The City recognizes the special significance qr heritage and distinctive trees, and values the contribution,
which such trees make to the beallttJ and qu.aLity ofUji? of Ashland.
C. The City recognizes that because of the known benejlts of trees, development property slwuld be
protectedj'rom unregulated remouaI of trees prior to the approuaI or' development plans. Trees on such
properi.ies should be presemed so that awy may be considered for incorporat.ion into development plarl...s.
D. The City recognizes t.hat: residents in singlefomily zones sfwuld hO.ve iJwfreedom t.o determine the nature
qrtlwir private landscaped surroundings.
E. The City recognizes that city-owned property and propert.ies locat.ed in multi- family resident.ial zones
qften have special lcmdscaping circumstances. and that these special. circumstances have the potential. to
qrfect: significantly larger numbers (If persons tf unregulat.ed. Becal11'ie (If this, such properties require
reasonable regulation.
18.61.030 Regulated Activities
ii. All. tree renwval and tree topping activi.ties. unless e.Y.empted below, shall be carried out in e~ccordance
with t:he requirements qf this chapter.
B. No person wlw is required to install or maintain tree prot.ection Ttwasures pursuwlt this chapt.er shall do
any devel.opment activities including, but not limited to dearing, grading, excaDat.ion or denwlition wOlk on a
property or sUe which requires a planning action without approved tree prot:ect:ioTl mea..'.>ures properly
installed aJld maintained pursuant to this Chapter.
o Complies: Refer to findings and drawings
18.61.035 Exenlpt Tree Renloval Activities
The following ad.ivit.ies are exemptJrom {he requirement for t.ree removal permits:
A. Those activities associated with the establishment or a1i:era.t:ion qf any public park under the Ashland
Parks and Recreation Commission. However, the Ashland Parks WId Recreat.ion Department shall provide
an emmwl plaJl i.n Jemuary to the Tree Commission outl.inlng proposed tree renwval and topping actlDities,
and report.ing on. tree remDlx.u OJ1.d topping activities that: were carried out in the previous year.
o Not Applicable.
7
Shekhar Residence - 3]1 antern Hill Drive (Map 391 E08DD - 1i
Findings of Fact
Compliance with Development Standards for Hillside Lands
0)
11/07/08
B. Removal qftrees in singlefamily resutential zones on lots occupied only by a singlefarnily detached
dwelling and aBsociated accessory S1111.ct11.res, except as otherwise regulated. by the Physical and
Environmental Con..<;traint;.,<; ordinance (18.62.
o Not Exempt: The Project proposes a single family dwelling. Project is additionally
regulated by the Physical and Environmental Constraints ordinance.
C. Removal q[t:rees in Tnulti:[arnily residential zones on lots occupied only by a singlefwnily detached
dwelling and (~ssociated accessory structures, except as otherwise regulated by the Physical and
Environmeni:al ConBtraints ordinwlce (.18.fJ2).
o Not Applicable: Project is not in a multi-family residential zone. Project is subject to
regulations contained in the Physical and Environmental Constraints ordinance (see
findings that follow).
D. Removal of trees less than 6" DBlI in any zone, excluding tlwse i:rees located within the public right qf
way or required a..s condit.tonB (~f approval wii:h. 1.andscape improvements Jor planning ael.tom:;.
There are Q. trees proposed to be removed (3 Madrones, 1 Douqlass Fir and 1 Pine)
within or adiacent to the proposed building addition footprint.
E. Renwual of trees less than .I8"DBH on any puhlic school lands, Southem Oregon University, and other
public land; but excluding Herita.ge trees and street trees within i:he public right: q[way.
o Not Applicable: Property is not on any public school land;
P. Removal q[ trees within the Wildfire Lands area q[Uw City, as d(t[ined on cuiopi:ed maps, for the purposes
of wildfire fuel management, and in accord with the reqairernents of the Physical and Erwironrnental
Const.mini:s Chapi:er- .l8. ()2.
o Property is within the Wildfire Lands area of Ashland
G. RemovaJ qf dead trees.
o Not Applicable: No dead trees are to be removed.
II. Those activi.ties associated with tree trimming jar safety reasons, as manda.ted by the Oregon Public
UtiWies Commission, by the Cit:y's ElecLric aIld. TelecomlTumicalion UitLity. However, the Ut.tlity shall provide
an annual plan to the "Tree Commissum outlining tree trimming activities and reporting on tree trinmling
adioities that were carried out in the previous year. Tree trimming sha11. be done, a1; a minimum. by a
Journeyman Tree T'rimmer, CI.S. d(~rIned hy the []tilit;~J.. and will be done in cOTtforrruxnce and to comply with
OPUC regu.lations.
o Not Applicable: No tree trimming is proposed as part of this application.
8
Shekhar Residence - 371 lntern Hill Drive (Map 391 E08DD - rf
Findings of Fact
Compliance with Development Standards for Hillside Lands
0)
11/07/08
Chapter 18.62 - Physical and Environmental
Constraints
.18,62.010 Purpose and Intent
J1w purpose Qf this Chapter is to provide for safe, orderly and ben~flcial deoeloprnent qf districts
characterized hy diversi.t.!} cifphysiographic conditions and significant natu.mlfeatu1"es; to limit alteration Qf
t.opography and reduce encroachment upon, or altem.tion qf, WlY natural environment and; t:o prooide for
sensiti.ve cleuelopment i.n areas that are constrained by variol.L5 naturalfeatures. Physiographic conditions
and signfficwlt natuml.feat.llres can be considered to include, but are not iimited to: slope q{i:he lOIlli,
natural drainage ways, wetlands, soil characteristics. potentiallancIslide areas, natural and wildlife
hobitats, forested areas, significant trees, wld significant nab.1ml oegetation.
(Ord 2808, Added, 12/02/1997)
18.62,040 Permit and Approval Required:
A Physical Constraints Review Permit is requiredjbr thejollowing activities
1. Criteriafor approval. A Physical Const.raints Review Pemlit shall be L<;sued by the Stolf AdvL90r when U-Le
Applicant demDnstrates thefollowing;
1. Tnrough the application Qf the deuel.opment standards (if thL"i chapter, the potential impacts to the
property ClIul nearby areas have been considered, and adverse impacts have been minimized.
2. That the o.pplicant has considered the potential hazards that the development may create and
implemented mea..<;ures to mitigate the potential hazards caused by the devel.opment:.
a. That the applicant has taken all reosonable steps to reduce the adverse impact on the erwimnment:.
Irreversible actions shall he considered more seriously than reversible actions. Tlw StaifA.dvisor or Plwming
Commission shall consider the e.\.isting development: (~f the surrounding area, and ille maximum permitted
development pennitted by the Land Use Ordinance. (Ord 2834 S1, 1998)
(Ord. 28.'34, Amended, 11/0.'311998. Sect.ion 18.62:040..J "deleted"; Ord 2808. Added, 12/0211997)
18.62.050 Land Classifications
Thefollowingfactors shall be used to detemline the cl.assfficaiions Qfvarious lands and their constraints to
building and development on them:
A. Flood plain C01Tidor Lands.. Lands with potential streamjlow andjlooc1 hazard. 711ejollowing lands are
c:lassffied os F1Dod plain Corridor lands:
1. All land contained within the 100 year Flood plain os dejined by tlw Federal Ernergency Management
Agency. ill. maps adopted by Chapter 1.5..1 0 (~fthe Ashlcmd THunicipal. Code.
2. All land within t:he area dEfined as Ji'lood plain Corridor land in rnaps cuiopted by U-te Council as provided
for in section 18.62.060.
8. All lands which have physical. or hL<;torical evidence qf flooding in the historical past.
D Not Applicable: Property is not within the designated Floodplain Corridor lands.
4. An areas within 20 feet (horizontal distcmce) Qr ClIlY creek designated for Riparian PreseroatiDn in
18.62.0.50.B and depicted as such on maps adopted bU the Council as providedfor in section 18.62.060.
D Not Applicable: Area of development is not within any creek designated for Riparian
Preservation.
5. All. areas within tenfeet (horizontal distance) qf any dT'C1inage channel depicted on maps adopted by tlw
Council but not: designo1:ed CLS Riparian Presemai.ion.
9
Shekhar Residence - 37 antern Hill Drive (Map 391 E08DD -17 10)
Findings of Fact
Compliance with Development Standards for Hillside Lands
11/07/08
o Existing natural drainage swale exists along south edge of property. Refer to AS1.O
for location, established top of bank and setback.
Ii. Riparian Preservation - 'l1wfollowing Plood plain Corridor Lands are also cIesignatedfor Riparian
Presemationfor the purposes ofthiB section and as liBted on the Physical and EnoironmentaL Constraints
ODerlay Maps: Tolman, Hamilton, Clay, Bear, Kitchen, iishlwid, Neil and Wrights Creeks.
o Not Applicable: Area of development is not within any Flood plain Corridor Lands.
C. HilL<;ide Lan.ds .. HilLside Lands are lands which are sul?ject to damagefrom erosion and slopefailure,
and inclucIe are(~s which are highly visib1.ejromotherportions of the city. Thejollowing lcmds are classlfuxl
CIS HillBide Lands:
1. All areas dqflnecl as Hillside Lands on the Physical Constraints Overlay map Wid which have a slope of
25 percent or greater.
o Applicable: The property contains slopes that are greater than 25 percent (see Site
Slope Plan, Sheet AS1.O with designated shaded areas greater than 25 percent).
D. WildJlre Lands - Lands with potenti(~l of wildJlre. The jollowing lands are d(~ss(f{ed as Wildjlre Lands:
1. All areas df;.finerl as wildJl.re lands on the Physical ConBi.Taints Overlay map.
o Applicable: Wildfire lands findings have been included in this application.
E. Severe Constraint Lcmds .. LandB with seoere development chaTCIcterist:ics which generally limit nom1al
development:. TheJollowing lands are clossffied as Severe Constraint: Lands:
1. All areas which are within thej100dway channels, as defined in Chapter 15.10.
o Not Applicable: Area of development is not within a floodway channel.
2. A.1.llands with a slope weater iJwn 85 percent:.
o Applicable: The property contains slopes that are greater than 35 percent (see Site
Slope Plan, Sheet AS1.O with designated shaded areas greater than 35 percent).
P. ClassUlcations Cwnulatiue. The above classifications are cumulative in their eJJect ancI, tj' a parcel qf land
JaIls un.der two or more dassffications. it shall be su.l~jeci: to the regu1.ations oj each classification. ThDse
restrictions applied shall pertain only to those portions qj'the land being developed and not necessarily to
the whole parcel..
o Applicable: Project is classified under the 'Hillside' classification.
A. The Cny Council shall adopt official maps denoting the above id.entified areas, SubstC1J1uaI amendments
q{these maps shall be a Type 3 procedure.
B. Minor amendments of the maps to correct mapping errors when the amendments are intended to more
accural:ely re,Jlect: the mapping crit:eria contained in t:llis chopt:er or in t:lleJindings qfthe Cou.ncil in adopting
Wi L'!fjtcialmap may be processed as a T'ype 1 procedure.
10
Shekhar Residence - 31 antern Hill Drive (Map 391 E08DD - T
Findings of Fact
Compliance with Development Standards for Hillside Lands
0)
11/07/08
18.62.070 DeveloprnentStandardsJor Floodplain Corridor Lands
o Not Applicable.
18.62.075 Development Stan.clardsJor Riparian Preservation lands
o Not Applicable.
18.62.080 Developlnent: Standards Jor Hillsi.cle Lands
It is the purpose of the Deoelopment Standards Jor I-lilL5i.de Lands to provide supplementanj development
regulations to underlying zones t:o ensure that developm.ent occurs in such a manner as [:0 protect the
natural and topographic character and identity oj these areas, environmental resources, the aesthetic
qualii.ies OJ1.cl restorat.i.ve value (~flands, rmd the public health sajety, arid general we~fare hy iTlsuring t:hat
devel.opm.ent does not create soil erosion, sedimentation oJ 101lx~r slopes, slide damage, flooding problems,
and seuere cutting or scan-ing. rt is the~ intent oj these development standards to encolJ..rage a sensitive Jorn1-
qI development and to alloll..,.!!>r a reasonable v.se thai: complement:s t:he rtO.tural and vLsual character qlt:he
city.
A. General Requirements. Thejollowing general requirements shall apply in Hillside Lands:
1. All development shall occur on land..s dftfined as having buildo.lJle area. Slopes greater than 35% shall be
considered unbuildable except as allowed below. Variances may be granted to this requirement only as
provided in sect.ion .18.B2.080.H.
a. Existing parcels without adequate buildable area less than or equal to 3591.: shall be considered buildable
for one unit
b. Existing parcels without adequate buildable area less than or equal to 85% cannot be subdivided or
pwti.tioned.
o Complies: Lot was created prior to adoption of this ordinance. The lot does have
'buildable' area less than 35%. The footprint of the structure is proposed to
encroach into the area that is greater than 35%.
2. All newly created lots either by subdivision or partition shall contain a building erwelope with a slope oj
35% or less.
o Not Applicable: Lot is a pre-existing lot created prior to the adoption of this
ordinance.
3. New streets, j1ag dri.ves, and driveways shall be constmcied on lcmds Qf'less than or equal to 35% slope
with the Jol.lowing exceptions:
a. The street is indicated. on the City's Transportation Plan }Ylap .. Street Dedications.
o Not Applicable: Lantern Hill Drive is an existing street. No new streets are being
created.
b. The pori.ion qf tlw street. ,fIag drive. or driveway on land greater thcm 85% slope does not exceed a length
11
Shekhar Residence - 371 antern Hill Drive (Map 391 E08DD - T
Findings of Fact
Compliance with Development Standards for Hillside Lands
0)
11/07/08
qI 100 feet.
o Complies: Existing driveway is 120 FT long and has an elevation gain of 18.7 FT
from the street to the garage is 15.6 % slope. (refer to Site Plan AS1.0).
4. Geotechnical Studies, For a11 applications on HiHside Lo.ncls involving subdivisions or pwtitions, the
following addit.ioTwl irtfomlfJ.tif:m i...s required:
o Not Applicable: No subdivision or partition is proposed
B. Hillside Grading and Erosion Control. All development on lands c1assiflec1 as hillside shall provide plans
corffomling with the following items:
1. All grading, retaining wal1 design. drain.age. and erosion control plans for development on HilLside Lands
shall he designed by a geotechnical e)q)ert. All cuts, grading orfills shall cor~fonTl to Chapter 70 qfthe
Uniform Bui1c1.ing Code. Erosion control measures an the development site shall be r'equired to minimize the
solids in mnq[ffrom disturbed areas.
o Complies: All grading, retaining wall design, drainage, and erosion control plans
comply with design conclusions and recommendations as provided in the
Subsurface Investigation and Geotechnical Engineering Report by Amrhein &
Associates dated Sep 07, 2008. .
2, Far development other than single family lwmes on indiDi.cluallots, all gmding, drainage improvements, or
other land diBturbr.m.ces shall only ocCUrfTOnlMay 1 to Ocl;ober 81. Excavation shall not. occur during the
remaining wet months of the year. Erosion control measures shall be installed andfunctional by October 31.
Up to 80 daU modifications to the October 31 date, and 45 day mod~fication to the May 1 date may be made
by the Planning Director, based upon weather concW:ions and in consultatiori with the prqfect: geotechnical
expert. The mJ.x1.ification qf clc~tes shall be the minimum necessary, based upon eLli.clence proLli.clecl by the
applicant, to accomplish the necessary prq}ect: goals.
o Not Applicable: Property is a single family home on an individual lot.
3. Retention in natural state, On all projects on I:Iillsi.cl.e Lands involving partitions and subc1iuisions, and
exisi:ing lots with an area greater than oll.e-ha~f acre, an area equal t:o 25% qf the total prqfect: area, plu..') the
percentage figure qf the average slope of the total prqject area, shall be retained in a natural state, Lcmds to
be reta.ined in a natural state shall be protectedJrom damage through the use oftempomnJ COTlstJllcl:ion
fencing or t.he functi.c.mal equivalent.
For exwnple, on a 25,()OO sq.JI:. lot with an average slope qf 29%,25%+2996=54% qf(he totallof; area shall
be retained in a natural state.
111e retention in a natural state qf areas greater than the minimwn percentage required here i...s encouraged,
o Complies: Lot is 55,103 SF with an average slope of 36% thus 61 % of site is
required to be retained in its natural state.
4. Grading - cuts. On all cut slopes on areas classified as Hillside lands, t.heJollowinf] standards shall
apply:
a. Cut slope angles shall be determined in relaiionship to the type qfmat:eriols qfwhich t.hey are composed.
12
Shekhar Residence - 37< antern Hill Drive (Map 391 E08DD - T 0)
Findings of Fact
Compliance with Development Standards for Hillside Lands
11/07/08
Where the sou pemlits, Unlit the totar area exposed to precipii:ai.ion and erosion. Steep cuI slopes shan. be
retained with stacked rode, retaining walls, orfunctional equivalent to control erosion and provide slope
stahilitlJ when necessary. lVf1ere Cllt slopes are required to be laid bade (I: 1 or less steep), the srope shall be
proted.cd with erosion control netting or structural equivalent installed per maIn+facturers spect!'ications, and
revegetated.
D Complies: Cut slope angles to be retained by structural walls are to be 1/2:1 (H:V)
maximum or as determined by the geotechnical engineer at the time of excavation.
Stacked rock walls ("rockeries") will be used to retain exposed steep cuts and will be
cut to 1:6 (H:V). Cut slopes laid back are not to exceed 2:1 (H:V).
b. Exposed cut slopes, such as those for streets, driveway accesses, or yard area,s, greater than selJenfeet
in height shall be terraced. CutJaces on a tenw:::ed section shall not exceed a maximum height oJ Jivefeet.
Terrace width,,> shci1.r be a. mini1TU1J1l (~f t:hreefeel: If) alknJJ Jor the introduct:ion (!f vegelntionfor erosion control.
Total cut slopes shall not exceed a max:irnum oertical height e!f 15 feet. (See Graphic)
D Compliant: Cut slopes are to be retained by a structural retaining wall and will not
exceed a height of 3 feet. All other cut slopes in yard areas are to have 2 to 3 walls
not exceeding a height of five feet and will be terraced as required.
The t:op qI cut slopes not utilizing struct.uml retaining walls shan be located a minimum setback qf one-half
the height qlthe cut: slope from the nearest property Une.
Cut slopes for structure foundations encoura.ging the l'eductiDn of elfective visual hulk, Sllch. as split pad or
st:eppedfootings shall be exempted from t:he height limil:at.ions qf this sect.ion. (See Graphic)
D - Complies: Stacked rock walls are to be located a minimum setback of one-half the
height of the cut slope.
c. Reoegetaiion of wt slope terraces shall include the provision qf a planting plan., introducl.ion qf top soil
where necessary, and the use qj'irrigation if necessary. The lJegetal.lon LlseclJbr these areas shall be native
01' species similar in resource value which will survive, help reduce the visual. impact qfthe cut slope, cmc1
assiBt in providing long term slope sta1Jilizaiioll. Trees, bUBh-type plani.ings Clnd cCL.9cading vine-type
plantings may be appropriate.
D Complies: Refer to Sheets L-1 & L-2; (Planting Plan & Erosion Control.). The
applicant would like to install erosion control measures as identified in the geo-
technical report, as well as to hydro-seed any portions of the site that will be
rendered bare during construction, to hold potentially erosive soils in place until the
landscape installation can take place, usually at the completion of exterior
construction. The applicant has provided a simplified site plan to demonstrate
placement of terracing versus paving and or more natural grading and planting
areas. The goal is to return a large portion of the site back to a more native
condition, utilizing native plant materials and responsible irrigation practices, this
strategy acts as a restoration of landscape that is currently lacking in diversity or any
other ground cover but grasses. The entrance to the property will be landscaped
with a more ornamental pallet, still reJying on drought tolerant and deer resistant
varieties of plant materials.
13
Shekhar Residence - 37 antern Hill Drive (Map 391 E08DD - 11
Findings of Fact
Compliance with Development Standards for Hillside Lands
, 0)
11/07/08
5. Grading -fills. On allfill slopes on lands classifIed as Hillside Lands, the following standards shall apply:
a. Fill. slopes shall not exceed a total verl.ical height qf 20 feei:. The toe of the fill slope area. not utilizing
st11lctural retaining shall be a minirrwJn qf stxfeetfrom the nearest property line. (Ord 2884 S6, 1998)
o Complies: Proposed fill slopes will not exceed 5 feet and will be greater than 6 feet
from the property line.
b. Fill slopes shall be proteci:ed with an erosion control netting, blanket or functioned equivalent. Netting or
blankets shall only be lL.sed in coqjunct:ionllJith an organic mulch sl1ch as st.raw or wooclfiber. The blanket
must be applied so that it is in complete contact with the soil so that erosion does not occur beneath it
Erosirm netting or hlanket:.s shall be securely anchored to the slope in accord.ance with marn{fcu:t:urer's
reconunendations.
o Complies: ProposE3d fill slopes will be protected by erosion control netting.
c. UtilWes. Whenever possihle, utilities shall not be located or installed on or infill slopes. When determined
that it necessary to install utilities onfill. slopes. all plans shall be designed by a geotechnical expert.
o Complies: Utilities are existing and will not be altered
d. Revegetat.ion qf.fill slopes shall ut.ilize native veget:ai.ion or vegetation similar in resource value and which
will survive and staJJilize the surface. Irrigation may be provided to ensure growth if necessary. EDidence
shall be required indicat.ing long-term viabilil.lJ (if' the proposed vegetation for the pl11poses qf erosion conl.TOl
on dLsturbecl areas.
o Complies: Fill slopes will utilize vegetation to meet this requirement.
G. Revegetation. requirements. Where required by Ihis chapter, all required revegel:a(ton qf cut OJldJill slopes
shan be installed plioI' to the issuance qf a cert(ficate of OCCUPOJICY. signature qf a required survey plat or
other time as determined by the hearing illitlwrity. Vegetation shall be installed in such a manner as to he
subst.ontially est.abUshed wi.thin one year oJ installation.
o Complies: Fill slopes will utilize vegetation. Refer to Sheet L 1 - Planting Plan to
meet this requirement.
7. IHaintenance, Security, and Penal.ties Jar Erosion Control Measures.
a. .Molnterwnce. All measures installedjor the purposes of long. term erosion control. including but not
limited to uegetative cover, rock walls. and landscaping, shall be maintained in perpet,uity on. all areas
which have been disturbed. including public lights-qf-lJ..1ay. The applicant: sha]1 provide elJidence indicai.ing
the mechanisms in place to ensw'e maintenance of measures.
o Complies: Owner agrees to maintain these features in perpetuity.
b. Security. ExceptIor individuallofs existing prior to January 1, 1998. q,fter OJI Erosion Control Plan is
approved by the hearing authority and prior to construction, the applicant shall provide a pe~fbrmance bond
or other finoJlcioJ guorani.ees in the cunouni: (!{ 12(Yfb qf the value qf the erosion cont.rol measures necessary
to stabilize ilw site. Any jInanciaL guarantee instrument proposed oiller than a pe~fonn(mce bond shall. be
approued by the City Attorney. 711ej1.nancio1 guarantee inst711ment shall be in eJ.fectfor a. period 'Of at least
one year, and shall be released when the Planning Direct.or and Public lVorks Director determine. joint:ly,
that the site has been stabilized. All or CL portion oJ the security l'et(~ined by the City may be withheld jar a
14
Shekhar Residence - 37i 3.ntern Hill Drive (Map 391 E08DD - T[
Findings of Fact
Compliance with Development Standards for Hillside Lands
0)
11/07/08
period up to fi.ve years beyond the one year maintenance periNi If it ho.s been determined by the City that:
the site has not been suiflciently stabilized against erosion.
8. Site Grw:ling. The grading q{ a site on Hillside Vmds shall be reviewed considering thefollowingj(u:tors:
a. No terracing shall be allowed exceptfor the purposes Qf c]eDeloping a leDd building parI ancljbr proDiding
vehicular access 1:0 the pad.
o Complies: All terracing is proposed only for the purposes of developing a level
building pad, and to mitigate extreme slopes for building and driveway access.
b. Avoid huzardous or unstabLe portions (~f the site. (Ord 2884,82 199B)
o Complies: No area of site has been deemed unstable or hazardous.
c. Avoid hazardous or unstable pori.ions (~f the site.
d. Building pads should be of minimwn size to accomnwdate the structure and a reasonable amount Qf yard
space. Pads for tennLs courts, swimming pools ancllarge lawns are discouraged. As much qf the remaini.ng
lot area as possible should be kept in the nat.llral state C!{iJw origirwl slope.
o Complies: Building pad is 2,861 SF. Design attempts to minimize the grading of the
site (approximately 60% of the site is to be retained in a natural state).
g. Inspections and Final Report. Prior to the acceptance ofa subdivision by the City, signa.ture qfthefinal
sumey plat on partitions, or Lssuance qf a cert.lficate (~f occttpancyfor individual stmci.llres, the prqject
geotechnical expert shall provide afinal report indiDating that the approved grading, drainage, and erosion
control measures were installed (1..'> per the approoed plans, and that all scheduled inspedions, as per
18.62.080./i.4j were conducted by the project geotechnical expert periodically througlwut tlw prqject.
D Not Applicable: No subdivision is proposed.
C. 8ur::face and Groundwater Drainage. Al1. development on Hillside Lands shall cor~fOTm to theJbllowing
standards:
1. .il.llJadlitiesJor Uw collection qf stormwater rWK![f shall be required to be constmcted on the site and
according to thejollowing requirements:
a. StormwaterJb.cilities shall indttde stann drain systems associated with street construction.. facilities for
accommodat.ing drainagefrom driveways, parking areas and other impemiow3 swfaces, and roofdm.inage
systems.
o Complies: All driveway, roof, area and perlorated drains to be tight lined to pre-
existing storm line
h. 8tormwater fadlities, when part qfthe overall site improvements, shall be, to the greatest e.\.1.entfeasible,
the first impropement:s constmci.ecl on the development site.
o Complies: Existing lines to P.U.E. to be utilized. All storm water will be temporarily
collected and placed into this line until final hook-up can occur.
c. Stormwater fClcilities shall be designed to divert swface water a.way from clltfaces or sloping surfaces of
15
Sh~khar Residence - 37 antern Hill Drive (Map 391 E08DD - T 10)
Findings of Fact
Compliance with Development Standards for Hillside Lands
11/07/08
afilL
D Complies: Surface water is diverted away from stacked rock walls and the building
face at a slope of }4"/foot at paved surfaces and ~"/foot at landscaped areas. The
patio on the south/uphill side will also slope to an area drain around the southwest
end of the residence.
d. E.\.1..sting rW.{:uml drainage systems shall be utilized, as much as possible, in their nat.ural state,
recognizing the erosion patenticufrom increased stann drainage..
D Complies: The existing drainage to the down hill side of the building will remain. Any
opportunity to develop swales that lead to a drain within the P.U.E. will be taken.
e. Flow-retarding devices, such as detention ponds and recharge herrn.", shall be used l.vhere praci:icalto
minimize increases in runQ.ffvolwne and peakJIow rate due to development Eachfacility slw.U consider the
needs jor an emergency overfiow system to sqfely calTY Clny ove/:flow water to an acceptable disposal point.
D Complies: Patio on uphill side has been designed to allow overflow water to go into
relief drain or French drain prior to a flood condition reaching floor level
f S/:Or111water fadlit.ies shall he designed. const.nt.cted and ma.int.ail1ed in a numner UW.t will avoid erosion
on-site and to adjacent qnd downstream properties.
D Complies: Storm water facilities will be designed and will be constructed and
maintained with an emphasis on erosion control and to prevent storm water run-off
onto adjacent properties.
g. ii.li:emat.e stormwat:er systems, such as dry well system..,>, detention ponds, and leachjlelds, shall be
designed by a registered engineer or geotechnical. expert and appro oed by the City's Public Works
Department: or City Building Q[jlciciL
D Complies: Storm water systems will be designed and will be constructed and
maintained with an emphasis on erosion control and to prevent storm water run-off
onto adjacent properties.
D. Tree Conservation, Protection and RemDval. All development on IIiIlsi.cle Lands shall cOl1form to the
following requirements:
1. Inventory Q.f Existing Trees, A tree sUTuey a.t t:he same scale as the prq}ect site plan shall be prepared,
which locates all trees greater than sL>c inches d.b.h., identified by d.b.h., species. appm,-imate extent qrtree
canopy. In addition, Jar areas proposed to be disturbed. existing tree base elevations shall be prouided.
Dead or di.seased trees shall be iden.ttfied. Groups qftrees in close proximity (i.e, those wiihinJlueJeet: qf
each other) may be designated 0.$ a dump qftrees, with the predomirwnt species, estimated /lumber and
average diameter indicated. All tree surveys slw.U have an ClCCtLmcy (~f pl.us or minus two feet. The name,
signat.ure, and address (~f the site surveyor responstlJle Jor the accuracy qf t:he survey shall be prouided on
the tree suruey. POlti.ons of the lot or project area. not pmposed to be disturbed by develDpment /leed not be
ind.uded in the invent.ory
o Applicable: Refer to Sheet T-1 and L~1 - Tree Inventory and Planting Plan.
16
Shekhar Residence - 371 mtern Hill Drive (Map 391 E08DD - Tl
Findings of Fact
Compliance with Development Standards for Hillside Lands
0)
11/07/08
o
2. Evaluation of Suitability for Conservation. iUl trees indicated on the inventory of existing trees shall
alBO be irlent:ified as to their suitabilityfor com;ervation. Vl'hen requimd by the hearing aDt/writy, the
evaluation shall be conducl:ed by a landscape prqfessum.al. Factors included in thLs determination sholl
include:
a. Tree health. Healthy trees can better withstand the rigors of development than non-vigorous trees.
b. Tree St.71Jcture. Trees with severe decay or substantial dEJects are more likely to result in damage t:o
people and property.
c. Species. Species tlc~ry in their ability to tolerate impacts and dWTiage to their environment.
d. Potential. longevity.
e. Variety. A. variety qf native tree species and ages.
J Size. Large trees provide a greater protection for erosion and shade than smc~ller trees.
o Applicable: Refer to tree inventory for specifics.
3. Tree Conservation in Prqject Design. Signfficant trees (2' d.b.h. or great.er ccmt{ers and l' d.b.h. or greater
broadleqf) shall be protected and incorporated into the prqject design whenever possible.
Complies: Refer to Sheet L-1 & T-1 Planting Plan and Tree Protection for design.
a. Streets, driveways, buildings. utilities, parking areas, and other site disturbances shall be located such
that the maximum number of existing tTees on the site are preserved, while recognizing andfoUowing the .
standardsJorfuel reduct.wn ~f the developrnent Ls located in Wilcifire Lands.
b. Building envelopes shall be located and sized to preserve the ma:dm.um number of trees on site while
recognizing andfol1.owing th.e standanlsforfuel reduction tFl:he development L<; located in Wilc!fire l.Lm.dB.
c. Layout qf the prqject site utility and grading plan shall alloid disturbance qI tree protection areas.
Complies: Refer to Sheet T -1 for specifications.
4. Tree Prol:ectiol1. On all properties tllhere trees are required to be preserved during the course qf
dellelopment. the cleueloper s/wllfollow thefollowing tree protection standards:
a. All trees designatedfor conseruation shall be dearly marked on the prQiect site. Prior to the start q{ any
clearing, sfTipping, stockpiling, trenching, grading, compaction, paving or chcmge in ground elelJation, the
applicant shall installJencing at the drip line (~f 011 t.rees t:o be preserued cu~jacent to or in t.he area t.o be
altered. Temporaryj'encing shall be established at the perimeter of the dripUne. Prior to grading or issuance
(~f any pemlit:s, t:h.eJences may be inBpecterl and their location approved by the StolF AdvL<;or. (see graphic)
b. Construction site activities, induding but not: limited to parking, material storage, soil cornpact.ion and
concrete U)cwhout. shc~ll be arranged so as to prellent disturbances within tree protection arens.
c. No grading, stripping, compaction, or signfficant clwnge in ground elevation shall be pemlit:ted within the
drip line q{i.Tees desigrw.tedfor consemai.ion unless indif::ated on the grcuiing plaTtS, os approved by i:he
City, and landscape professional. if grading or construction is approDecl. within the dripline, a landscape
prqfessirmal may be required to be present: during grading operations, and shall have authorit.y to require
protective rneaSllres to protect the roots.
d. Changes in soil hydrology and site drainage within tree protection arecw shall be minimized. Excessive
site nm..Qffshal.l be directed to appropriate storm drainfacilities and awayfrom i.Tees designa.tedJor
consemai.ion.
e. Slwuld encroachment into a tree protection area occur which causes irreparable damage, as determined
by a landscape pn:~fessiona1., to trees, the project plan shall be revised. to compensate for the loss. Under no
circumstances shall t:he d.eveloper be relieved qf responsibility for compliance with the prcll)Lsums qf this
chapter.
Complies: Refer to Sheet T -1 for specifications and compliance.
17
Shekhar Residence - 37 antern Hill Drive (Map 391 E08DD - T
Findings of Fact
Compliance with Development Standards for Hillside Lands
0)
11/07/08
5. Tree Removal. Development shall be designed to preserve the maximum number qttrees on a site. The
delJelopment shallJol1ow the standardB jor ju.el reduction if the deuelopment is locatecl in Wildfire Lands.
Vv'henjust.ffied bY.findings qfjact, the hearing authority may approve the removal (!ftreesfor one or more of
thejollowing conditions:(Ord 2834 S3, 1998)
a. The iree is ioeated within the building envelope.
b. The tree is iocated within a proposed street, driveway, or parking area.
c. The tree is located within a water, sewer, or other public utility easement.
d. The tree is detem1ined by a landscape prqfessional to be dead or disea..<:;ed, or it COnSW.11.f:es an.
unacceptable hazard to l(.fe or property when evaluated by the standards in 18.62.080.D.2.
e, TI1e tree is located wi1.hin or adjacent to areas qf cuts orfals that are deemed threatening to the life of the
tree, as detemlined by a landscape prqfessiDTHil.
Complies: Refer to Sheet L-1 for compliance There are 5 trees proposed to be removed.
6. Tree Replacement Trees approlledfor renwval, with the exception Q{ trees renwved bec(11.lse they were
detem1ined to be dL<;eased, dead., or a hazard. shall be replaced in compliance with theJollowiTlg st:and.anls:
a. Repiaeement trees shall be indicated on a tree replcmting plan. TIle replanting plan shall include aU
locat.ioTlsfor replacement trees, and shall aL<;o ind.icate tree plcm.ting detaiL<;.{Ord2884- 84, 1998)
b. Replcu:ement trees shall be planted. such that the trees will in time result in canopy equal to or greater
them the tree canopy present prior to developnlent eif tile propera). TIle CCffiOPy shall be designed to mitigate
qj"the impact: qfpaved WId developed areas, reduce swIace erosion. and increase slope st(il,itUy"
Replacement tree locations shall consider impact on the wikif'ire prevention and control plan. The hearing
Q1.1.t:lwrity shall. have the dL<:;cretion to adjust the proposed replaeenlent tree canopy based upon site..,specific
evidence and t:estimony.
c. Ivrainterwnce of replacement trees shall be the responsibility (if the property owner. Required replacement
trees shaLl. be continuouBly maintained in a healthy manner. Trees that die wlt:hin thefirstfiDe years after
initial planting must be replaced in Jdnd, qfter l1Jhich a newfive year replacerrumt period sh(ill begin.
Replanting rnust occur within 30 days of notffication unless otllerwise noted. (Ord 2834 S5, 1998)
Complies: R~fer to Sheet L-1 for compliance.
7. Enforcement.
a. All tree remo!J(il shall be done in accord with the approved tree reTnJJval and replacerru:mf: plan. No trees
designatedj'or con<;ervation shall be removed without prior approval of the City of Ashland.
b. Should the c1elJeloper or c1eveloper's agent rernove or destroy any ttee that has been designated JOt
conseruation, the developer may be fined up to three times the current appraised o(Jlue oJ the replacement
trees and cos t Qf replacement or up to three tiTTU:~S the Clirrent market value, as establL<:;fwd by a prqfessiorwl
arborist, whichever is greater.
c. Should the c1eueloper aT' developer's agent damage WlY tree that has been designated for protection and
conservation, the developer shall. be penalized $.50,00 per scar. [{necessary, aprojesswllo.l arbori.st's report,
prepared at the developer's expense. may he required to determine the exi:enf: qfthe cf.cunoge. ShovJd the
damage result in loss of appraised value greater)han determined above, the higher oj the two values shall
be used.
E. Building Location and Design Standards. A.ll buildings and bl1ildal,le areas proposedfor Hill Bide Land.s
shall be designed unci constmcted in compliance with the following standards:
18
Shekhar Residence - 371 lntern Hill Drive (Map 391 E08DD - Tl J)
Findings of Fact
Compliance with Development Standards for Hillside Lands
11/07/08
1., Building EnvelDpes. AU newly created lots, either by subdivision or parlit.ion, shall contain building
envelopes conforming to thefo/Iowing standwds:
a. The building envelope shall contain a buildable area wt1;h a slope (~f 8.5% or less,
1>. Building envelopes and lot design shall culdress the retention (~f a percentage qf the lot in a natuml sf.ate
as required in 18,62.080.D.3.
c, Building envelopes shall be designed and located to meu.:i.mize t.ree consen>ation. C1..<; required in
18.62.080.D.3, while recognizing andfollowing the stcmdardsfor.fuel reduction if the development is
located in Vlildfire Lands
d. It: is recommended that building envelope locai:ions should be located i:o avoid ridgeline eJcposures. aml
designed such that the roqfl.lne of a btLilding within the envelope does not project above the ri.clgeline,
o Not Applicable: The property is a pre-existing lot. No new lot is being created.
2, Building Design, To reduce hillside disturbance through the use Q{slope responsive design techniques.
buildings on Hillside Lands, excepting those lands within the designated Historic DiBtrict, shall inc01porai:e
the following into Uw building design and indicate features on required building pennits:
a, Hillside Buildin.g Height:. The height (~f all sfm.dures shrul he measured verl.ically from the nail1mlgrade
to the upperrrwst point (?rthe roQf edge or peak, wall, parapet mansard. or other feature perpendicular to
that grade, .Ma,\imllm Hillside Building Height shall be 35j!':!ei:. (graphics available on original ordinance)
o Complies: The maximum building height to grade located on the northeast gable
ridge of the upper story roof is 23.5 FT above natural grade and is two stories in
height. This measurement is taken from the natural grade directly below the point of
the roof. Refer to Building Elevation and Section Sheets.
b. Cut buildings into hillsides to reduce eJJectiue visual bulle.
o Complies: The building has been stepped back following the contour of the hillside
into 2 distinct sections with gabled roofs to reduce overall bulk. Refer to Site Plan
and Elevation Sheets.
(1). Spli.l:pad or steppedJootings shall be inc01pomi.ed into building design. 1.0 all.ow the stm.dure 1:0
more closelyJollow the slope,
o Complies: As described above, the "stepped" scheme follows the shape of the
contours on the site in addition to stepping the upper floor of the building to address
the grade change (equivalent to building story level) to the rear of the house
(2). Reduce building ma...ss by utilizing below grade rooms cut into the natural slope,
o Due to the existing condition, there are below grade rooms on the lower level.
c. A building stepI)(lCk shall be required on all. downhill building walls greater tha:n. 20Jeet: in height, as.
measured above natural grade. Stepba.cks shall be a minimum q{ sLl(feet. No vertical wolls on the downhill
eleoaiions qI new buildings shall exceed a maximum height (~f 20 feet above natural grade. (see graphic)
o Complies: No vertical walls on the downhill elevations exceed height of 20 feet
above natural grade.
d. Continuou.s hm1zontal building planes shall not exceed a maximum length of 36 jeet. Planes longer than
19
Shekhar Residence - 37 antern Hill Drive (Map 391 E08DD -11 ,0)
Findings of Fact
Compliance with Development Standards for Hillside Lands
11/07/08
86feet shan include a minimum qtf..<;et. q{ sixfeet. (graphic avaiLo.ble on. original ordin.o:n.ce)
D Complies: Continuous horizontal building planes consist of the existing 24 FT face
with an offset to a 30 FT face and another offset to a 16.5 FT face.
e. It is recommended that roq[Jorrns and TOq.f linesJor new stmctures be broken into a series qf smaller
building components ill rejlect the irregular forms oIthe surrounding hillside. Long, linear unbroken roQf
lines are discouraged. Large gcllJle ends on downhill elevations should be avoided, however smaller gables
may be permitted. (graphic available on original ordinance)
D Complies: Refer to findings in previous Section d. and Building Elevations.
f. It is recomm.ended that ro(~fs (~r lOtverjloor levels be used tD proviI1e deck or outdoor space for u.pper}loor
levels. The use q[overhanging decks with vertical supports in excess qf 12feet on downhill elevations
shDuld be auoided.
D Complies: The exposed deck on the south elevation has vertical supports less than
12 feet.
g. It is recommended that color sel.ectionfor new structures be coordinated with the predominant colors of
the sWToundin.g landscape to minimize contrast: between the StJ11cture and the natural environment
D Complies: Colors will be selected to comply with these. requirements and will be
presented to Planning Staff for approval.
p~ All stmctures on Hillside Lands shall havefoundationswhich have been designed by an engirieer or
architect wit:h demonstrable geotechnical. design experience. A. designer, as d~fined, shall not: complete
lOorlang drawings without having foundations designed by an engineer.
D Complies: Structural engineering for this project is to be perlormed by Allan Goffe in
consultation with Carlos Delgado Architect and the recommendations of the
Geotechnical consultant.
G. iW newly created lots or lots modified. hy a lot line ar.{iust.ment n1Hst incl.ude 0. building enuelope on all lots
ffw.t contains a buildable area less t:han 85% slope q[ sl.Ii/l.cient size to accomnlJJCiat.e t.l1e uses permitted in
the underlying zone. unless the diDision O/'/ot line acgustJnent is for open space or conservation purposes.
o Not applicable: no modification to lot line is proposed.
20
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Shlkllaf Enterlrlses lid
812 Nadia Way, P. o. B 1742, Medford, Oregon 97501
_.......~....................,..~.."n.....Wnn _
Phone If-AX: 541 608 6199
Cell: 323-423-6566
EmaH: sshekh~'r@lchartcr.nct
10/29/09
Amy D. Glmtt~r, Assistant Phumer
City of Ashland
Re: Authorization
This letter confirms that Kerry Ken Cairn is authodzed to act on Gin' behalf
for planning and other issues I'elated to 377 Lantern nill .Drive, Ashland, OR
97530.
Tlumlis for your help
\Va I'm reg~lrds,
/h
r;/ ./
~ephel( Shekhar
General Partner
~... ..
w _ ~ Planning Department
51 Winburn Way, Ashland OR 97520
C'TY OF
ASH LAN D 541-488-5305 Fax 541-488-6006
'\;
ZONING PERMIT APPLICATION
FILE # PH # :h(Jf)q.(jILf:3!
DESCRIPTION OF PROJECT
DESCRIPTION OF PROPERTY
Street Address -3/7 l~~ ttl L-1--
Assessor's Map No. 39 1 E D 9 DO Tax Lot(s) '1l ()
Zoning \!J R, ... Rtz -:. S (2-1-( D Comp Plan Designation
APPLICANT
Name~'t-(~ Uc\ V'V1
Address 0 Lf '? ~ c:z,f-
Phone
~~~ ~ (i '-( E-Mail ~B~rJ1
City A-b~lMA.J OIL Zip/97r}~
PROPERTY OWNER
Name ~e.v)
Address ~ \ 7.-
~V\e.K~M Phone
NNJ(~ wkY
3:2--3-423 F'~Sl::b E-Mail ~~ L.+
City Me.J~ Zip cr1S;\ t\
SURVEYOR, ENGINEER. ARCHITECT. LANDSCAPE ARCHITECT. OTHER
Title ~l? ~ Name~~ ~C-A./~one
Address ~ l..{ S IA <&t
~Y\1 <!Y
l( 6~./ g{1F-Mail ~:1"1t (~fAJsc~.
City A ~d Zip ~7 9!h'
Title
Name
Phone
E-Mail
Address
City
Zip
I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects,
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 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 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 re ov at my expense. If I av any d ubts, I am advised to seek competent professional advice and assistance.
Nc>v O-z v:o-eJ
Date f
Pro
roperty invo ed in this request, I have read and understood the complete application and its consequences to me as a property
- - /I /~/ tJ J
Date
[To be completed by City Staff)
Date Received
II _ct-IJ q
/
Planning Action Type
C:\DOCUME-l \hanksa\LOCALS-l \TemplZoning Permit Application Form.doc
Owner's Name: SHEKHAR ENTERPRISES LIMiTED Phone:
Customer #: 04621 State Lie No:
KENCAiRN LANDSCAPE ARC City Lie No:
Applicant: 545 A ST
Address: #1
ASHLAND OR 97520 Sub-Contractor:
Phone: Address:
Applied: 11/06/2009
Issued: 11/06/2009
Expires: 05/05/2010 Phone:
State Lie No:
Maplot: 391 E08DD91 0 City Lie No:
DESCRIPTION:
COMMUNITY DEVELOPMENT
20 East Main SI.
Ashland, OR 97520
www.ashland.OLUS
Tei: 541-488-5305
Fax: 541-488-5311
TTY: 800-735-2900
Inspection Request Line: 541-552-2080
CITY OF
ASHLAND
CASEY R ROLANDTREE CARE
Phone: 5+1-+88-0782 · ccb# 186190
TO: Kerry KenCairn
545 A STREET, ASHLAND, OR
97520
Dear Kerry,
Enclosed please find my arborist report for the Douglas Fir, (Pseudotsuga
menziesii) which I examined on site at 377 Lantern Hill Dr., Ashland, OR, 97520. If
you have any questions regarding this tree please feel free to contact me at
541.488.0782 or email atcaseyprolandtreecare@gmail.com
TREE LOCATION AND CQNDITION:
19" DBH Douglas Fir located at 377 Lantern Hill Dr, Ashland, OR, 97520.
Tree is adjacent to the southernmost edge of excavation site at rear of property.
Tree appears to be in fair condition, although foliage is somewhat sparse due to
drought stress and low light conditions caused by surrounding competition. A root
collar excavation was not performed atthe time of inspection. .
SUMMARY:
A 5' vertical cut within the root zone of this tree has severed several major
roots approximately 4-5" in diameter. The broken roots have been cut cleanly
beyond damaged area. Although the tree is within the tree protection zone a
portion of the protection fence was not present in the area where the damage to
roots occurred.
C;ONCLUSION:
My recommendation for removal of this tree is twofold:
1. The severed major roots will compromise the ability of the tree to access the
water and minerals essential to the trees survival and healthy development.
2. Increased probability of wind throw due to loss of anchoring roots.
Thanks,
10/0 ZC
DAILY FIELD REPORT
AMRHEIN
ASSOCIATES, Inc.
Project: Shekhar Residence Addition
Location: 377 Lantern Hill Lane, Ashland
AAI Field Rep: Mark Amrhein Weather:
Arrived: 8:00 AM Left Site:
Project No: DE39-09.02
Date: October 20, 2009
Partly cloudy, cool
8:10 AM
We arrived on site atthe request of Don winslow to observe the deepened footing
excavations. They had excavated the footings on the southwestern side, atop the
slope, an additional 8 inches. The footing subgrade consisted of dense, decomposed
granite suitable for footing support and was deep enough for frost protection.
Signed: -1fJ~d- - ~ ------
This report presents opinions formed as a result of Amrhein Associates, Inc. I) observauons of/he contractor's activities reiaung to
the geotechnical engineering aspects of the project. The presence of our Ii representative is for the purpose of providing
observation and lield testing only. lMJ rely on the contractor to comply with the plans and specilicau ons throughout the duration of/he
project irrespective of the presence of the AAI representative. Our work does not include supervision or direction of the actual work of
the contractor, his employees or agents. Neither the presence of our representative nor the observation and testing by our linnshall
excuse the contractor in any way for defects discovered in thei r work. AAI will not be responsible for job or site safety on this project
Delgado ~ Shekhar Res. Addition
Amrhein Assodate, Ino.
DAILY FIELD REPORT
AMRHEIN
ASSOCIATES, Inc.
Project: Shekhar Residence Addition
Location: 377 Lantern Hill Lane, Ashland
AAI Field Rep: Mark Amrhein Weather:
Arrived: 8:05 AM Left Site:
Project No: DE39-09.02
Date: October 19,2009
Partly cloudy, cool
8:20 AM
We arrived on site at the request of Don Winslow to observe the footing excavations.
They had excavated all the footings with a deep cut at the back of the site and a shallow
series offooting trenches to the southwes tern side ofthe addition at the top of the
slope. We understand the foundation was to be poured as a monolithic, concrete
footing and siab unit. The footing subgrade consisted of dense, decomposed granite
suitable for footing support; however the exterior footing line on the southwestern side
was too shallow for frost protection.
We recommended they deepen the footing excava tion along the exterior, southwestern
side by an additionai 6 inches to provide for at least 18 inches from final exterior grade
to bottom offooting. Don said he would take care of it immediately.
Signed: -_1fJ~~- _ ~ _____
This report presents opinions formed asa result of Amrhein Associates, Inc. i) observaUons of the contractor's activities reiaUng to
the geotechnical engineering aspects of the project The presence of our fi representative is for the purpose of providing
observation and field tesUng oniy. lMl rely on the contractor to comply with the plans and specificaU ons throughout the duration of/he
projectirrespective of/he presence of/he MI representative. Our work does not include supervision or direction of the actual work of
the contractor, his employees or agents. Neither the presence of our representative nor the observation and testing by our filrTl shall
excuse the contractor in any way for defects discovered in thei r work MI will not be responsible for job or site safety on this project
Shekl1ar Addition
Amrhein Assodates, Ino.