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Home My WebLink AboutIowa_1375 (PA-2010-00211) CITY Of ASHLAND July 14,2010 John Kearns 693 Roca St Ashland, OR 97520 Notice of Final Decision On July 14, 2010, the Staff Advisor for the Ashland Planning Division administratively approved your request for the following: PLANNING ACTIONS: 2010-00211 SUBJECT PROPERTY: 1375 Iowa Street APPLICANT: John Kearns DESCRIPTION: A request for a Tree Removal Permit to remove five (5) poplar trees from a vacant flag lot. Three of the trees, are pushing into the fence and appear to be hazardous, one of the three has burned and is damaged from that burning, COMPREHENSIVE PLAN DESIGNATION: High-Density Multi-Family Residential; ZONING: R- 3; ASSESSOR'S MAP #: 39 1 E 1 OCB; TAX LOT: 500 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 18.108.070(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 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: Parties of record and property owners within 200 ft 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: 2010-00211 SUBJECT PROPERTY: 1375 Iowa Street APPLICANT: John Kearns DESCRIPTION: A request for a Tree Removal Permit to remove five (5) poplar trees from a vacant nag lot. Three of the trees, are pushing into the fence and appear to be hazardous, one of the three has burned and is damaged from that burning. COMPREHENSIVE PLAN DESIGNATION: High-Density Multi-Family Residential; ZONING: R-3; ASSESSOR'S MAP #: 39 IE 10CB; TAX LOT: 500 SUBMITT AL DATE: DEEMED COMPLETE DATE: STAFF APPROVAL DATE: FINAL DECISION DATE: APPROVAL EXPIRA TION DATE: February 23,2010 June 23, 2010 July 14,2010 July 27,2010 July 27,2011 DECISION The property is a nag-lot, located on the north side oflowa Street behind 1375 Iowa Street. It is a vacant parcel. The tree removal request is to remove five poplar trees of various sizes, Tree #1 is a 25-inch in diameter at breast height (DBH) poplar tree which has previously been burned and is situated on the west property line. Tree #2, is a 14-inch DBH poplar tree which is towards the middle of the parcel. Tree #3 is an 8-inch DBH poplar tree, tree #4 is a ten-inch DBH poplar tree and tree #5 is an II-inch DBH poplar tree. Trees 3 - 5 are along the eastern property line and are pushing up the existing fence, Trees 1, 3 - 5 are considered hazardous as they are damaging the shared fence and in particular tree # 1 has significant damage from a structure fire on the adjacent parcel. Tree #2 is not hazardous as its proximity to the property lines and due to the lack of structures on this parcel does not pose a danger to persons or property. The applicant has not proposed to mitigate the removal of the trees. According to the municipal code, removal of hazardous trees does not require mitigation but the removal of non-hazardous trees does require mitigation, The removal of tree #2 will trigger the mitigation requirements addressed in Ashland Municipal Code, Land Use Ordinance 18.61.080, Since the applicant does not have irrigation or a landscape plan at the vacant parcel there are other mitigation options that the applicant may choose to use, The applicant may mitigate with a tree that will achieve similar size and stature at maturity as the one removed on other property under their ownership, Or, the applicant may pay into the Tree Fund an amount equivalent to the estimated cost of buying and planting the trees which otherwise would have been required to be planted on site or a minimum of $400,00, A condition to this effect has been added. Prior to the removal of the trees the applicant shall submit their proposed method of 'mitigation' to the Planning Division so as it may be part of the record of decision. The criteria for a Tree Removal Permit are described in AMC Chapter 18.61.080, as follows: An applicantfor a Tree Removal Permit shall demonstrate that the/ollowing criteria are sati.~fied. The Staff Advisor may require an arborist's report to substantiate the criteria/or a permit. PA #2010-00211 137510waladg Page 1 A. Hazard Tree: The Staff Advisor shall issue a tree removal permitfor a hazard tree tlthe 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 tofall 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 aforeseeable 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 (?lapproval of the permit. B. Tree that is Not a Hazard: The City shall issue a tree removal permitfor a tree that is not a hazard tfthe 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 Stqfl Advisor may require the building footprint of the development to be staked to allow jor accurate vertfication 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 signtficant 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 (?lthe Ashland Land Use Ordinance. 1. The City shall require the applicant to mitigate for the removal o.leach tree granted approval pursuant to AMC 18.61.084. Such mitigation requirements shall be a condition of approval o.lthe permit. The application with the attached conditions complies with all applicable City ordinances, Planning Action 2010-00211 is approved with the following conditions. Further, ifany one or more of the following conditions are found to be invalid for any reason whatsoever, then Planning Action 2010- 00211 is denied. The following are the conditions and they are attached to the approval: PA #2010-00211 137510waJadg Page 2 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 a property under the same ownership within a minimum of 180 days of this approval. The tree shall be planted and maintained according to the specifications in the City Tree Planting and Maintenance Guidelines. Or, the applicant shall pay into the tree account the amount equivalent to the cost of buying and planting the trees that would otherwise have been required to be planted on site, or a minimum of $400.00. The app~shall submit to the City of Ashland Planning Division, in writing, their chosen option for (nfi1ig~~~~ tree removal, ~ ~~.I 11 // ;'1.1, (v olnar, irector art of Community Development PA #2010-00211 1375 lowa/adg Page 3 Easy Peel@ labels Use Avery@ Template 5160@ BALCOM KATHERINE H TRUSTEE ET 259 BRIDGE ST ASHLAND, OR 97520 COMINOS SANTO/MICHELE POBOX 492 TALENT, OR 97540 HOL TSBERG LAURA A PO BOX 584 ASHLAND, OR 97520 MASON ALAN P/TRUE P ALlANOR 1341 IOWA ST ASHLAND, OR 97520 OREGON STATE OF SOUTHERN ORE STATE COLLEGE 1250 SISKIYOU BLVD ASHLAND, OR 97520 REYNOLDS MICHAEL LlAM/SEEWER- REYNOLDS AN 1520 WINDSOR ST ASHLAND, OR 97520 SCHIPPER KIRSTEN 1375 IOWA ST #A ASHLAND, OR 97520 THORMAHLEN PHILIP A TRUSTEE ET 96 FORK ST ASHLAND, OR 97520 WRIGHT FREDERICK FULLERTON III 1593 PIONEER ROAD TALENT, OR 97540 Etiquettes faciles a peler Utilisez Ie qabarit AVERY@ 5160@ I I I .A i Bend along line to, I expose Pop-Up Edge™ l ...- Feed Paper -- BREITENSTEIN A R TRUSTEE 1421 PACIFIC TERR KLAMATH FALLS, OR 97601 DE LUCA RONALD L TRUSTEE DE LUCA RONALD L 1665 SISKIYOU BLVD STE 102 ASHLAND, OR 97520 KEARNS JOHN C 693 ROCA ST ASHLAND, OR 97520 MCCRAE JAMES A 2442 NW MARKET ST 455 SEATTLE, W A 98107 PAULSTlCK CHARLES K/ADA E NO ADDRESS SUPPLIED RICHARDSON JUANITA F 160 CALIFORNIA ST AASHLAND, OR 97520 SMITH KIM C/O HARPHAM KIM 260 BRIDGE ST ASHLAND, OR 97520 TUCK WILLIAM J 1372 IOWA ST ASHLAND, OR 97520 ..... Sens de I Repliez it la hachure afin de I reveler Ie rebord POD-UDTM ! ,.&.......-.....-....-.. ~ AVERY@ 5160@ 1 BUNNELL SARf.H E NO ADDRESS SUPPLIED DECKER LARRY A TRUST DECKER BARBARA 3303 VALLEY VIEW RD ASHLAND, OR 97520 KOCAREK KEVIN C 245 BRIDGE ST ASHLAND, OR 97520 MOSCARITOLO VINCENT E/CYNTHIA 340 A ST 112 ASHLAND, OR 97520 PITTMAN GARTH M TRUSTEE ET AL 2625 T AKELMA WAY ASHLAND, OR 97520 ROSBOROUGH WYATT B/HELEN G POBOX 294 ASHLAND, OR 97520 STEWART CHARLES NEIL PO BOX 622 ASHLAND, OR 97520 VElS ROB WALTER ET AL 17337 TRAMANTO DR 112 PACIFIC PALISADES, CA 90272 -I www.avery.com 1_Rnn.r.O.AVJ:RV ASHLAND TREE COMMISSION PLANNING APPLICATION REVIEW July 9, 2010 PLANNING ACTIONS: 2010-00211 SUBJECT PROPERTY: 1375 Iowa Street APPLICANT: John Kearns DESCRIPTION: A request for a Tree Removal Permit to remove five (5) poplar trees from a vacant flag lot. Three of the trees, are pushing into the fence and appear to be hazardous, one of the three has burned and is damaged from that burning. COMPREHENSIVE PLAN DESIGNATION: High-Density Multi-Family Residential; ZONING: R-3; ASSESSOR'S MAP #: 39 IE 10CB; TAX LOT: 500 Recommendation: 1) The applicant shall mitigate the removal of tree #4 by either planting a new tree off- site at a different property under the same ownership, or by paying towards the Tree Fund in accordance with the requirements for payment in lieu of planting, Department of Community Development 51 Winburn Way Ashland, Oregon 97520 www.ashland.or.lIs Tel: 541-488-5350 Fax: 541-552-2050 TTY: 800-735-2900 CITY OF ASHLAND Planning Department, 51 Winl_ u Way, Ashland, Oregon 97520 541-488-5305 Fax: 541-552-2050 www.ashland.or,us TTY: 1-800-735-2900 CITY OF ASHLAN NOTICE OF APPLICATION PLANNING ACTIONS: 2010-00211 SUBJECT PROPERTY: 1375 Iowa Street APPLICANT: John Kearns DESCRIPTION: A request for a Tree Removal Permit to remove five (5) poplar trees from a vacant flag lot. Three of the trees, are pushing into the fence and appear to be hazardous, one of the three has burned and is damaged from that burning. COMPREHENSIVE PLAN DESIGNATION: High-Density Multi-Family Residential; ZONING: R-3; ASSESSOR'S MAP #: 391E 10CB; TAX LOT: 500 NOTE: The Ashland Tree Commission will also review this Planning Action on July 8, 2010 at 6:00 p.m, in the Community Development and Engineering Services building (Siskiyou Room) located at 51 Winburn Way, NOTICE OF COMPLETE APPLICATION: June 23,2010 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: July 7, 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 Staffs 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 o~dinance 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. oc TREE REMOVAL 18,61.080 Criteria for Issuance of Tree Removal - Staff 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-devlplanning\Notices Mailed\20 I 0\20 I 0-00211.doc 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 June 23, 2010, I caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached Public Meeting 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 # 1375 Iowa St, 2010- 00211. G:lcomm-devlplanningIForms & HandoutslAffidavit of Mailing_Public Mtg Notice,doc 1000 15000 ~ I 1. -~-~~--I 1 10tOO I m~ .---1 1~1 ~~~1 1~ -I , "to -I' 3.300 I ~~J , J4~ I 1 3~ 1600 1100 1700 14900 :':1;. ~ ..1 l-rl :;j i.~ 14800 14100 14600 QUJN'G'r' 1900 2000 1600 1500 1400 nsoo 11001 11400 13300 1:2:000 11301 1000 13.l(J1{) i! ~ ~ :;:. .,;!IlI U100 ttl E! 8i 1100 13100 11300 12200 13.<100 1200 12.300 1.2.900 13.00 11.200 12400 6400 6400 6200 6100 &$00 6.300 6300 I I @Jr -"'"~"-"::';~~_'{i -; " ' ,- .2.00 "', 'ltmtn This map Is based on a digital database complied by Jackson County From a variety of sources. Jackson County cannot accept responslbily for errors, omissions. or positional accuracy, There are no warranties, expressed or Implied. Map created on 6/23/2010 12:18:37 PM using web.JacksoncQunly.org 3.2:00 1200 2:100 2:000 @ Please recycle with colured office grade paper Created with MapMaker Map Maker Application Front Counter Legend Highlighted Feature theBufferTarget Tax Lot Outlines Tax Lot Numbers JACKSON COUNTY Orego/! BALCOM KA THERlNE H TRUSTEE ET 259 BRIDGE ST ASHLAND, OR 97520 COMINOS SANTO/MICHELE PO BOX 492 TALENT, OR 97540 HOLTSBERG LAURA A PO BOX 584 ASHLAND, OR 97520 MASON ALAN P/TRUE P ALIANOR 1341 IOWA ST ASHLAND, OR 97520 OREGON STATE OF SOUTHERN ORE STATE COLLEGE 1250 SISKIYOU BLVD ASHLAND, OR 97520 REYNOLDS MICHAEL LIAM/SEEWER- REYNOLDS AN 1520 WINDSOR ST ASHLAND, OR 97520 SCHIPPER KIRSTEN 1375 IOWA ST #A ASHLAND, OR 97520 THORMAHLEN PHILIP A TRUSTEE ET 96 FORK ST ASHLAND, OR 97520 WRIGHT FREDERICK FULLERTON III 1593 PIONEER ROAD TALENT, OR 97540 BREITENSTEIN A R TRUSTEE 1421 PACIFIC TERR KLAMATH FALLS, OR 97601 DE LUCA RONALD L TRUSTEE DE LUCA RONALD L 1665 SISKIYOU BLVD STE 102 ASHLAND, OR 97520 KEARNS JOHN C 693 ROCA ST ASHLAND, OR 97520 MCCRAE JAMES A 2442 NW MARKET ST 455 SEATTLE, W A 98107 PAULSTICK CHARLES K/ADA E NO ADDRESS SUPPLIED RICHARDSON JUANITA F 160 CALIFORNIA ST AASHLAND, OR 97520 SMITH KIM C/O HARPHAM KIM 260 BRIDGE ST ASHLAND, OR 97520 TUCK WILLIAM J 1372 IOWA ST ASHLAND, OR 97520 BUNNELL SARAH E NO ADDRESS SUPPLIED DECKER LARRY A TRUST DECKER BARBARA 3303 VALLEY VIEW RD ASHLAND, OR 97520 KOCAREK KEVIN C 245 BRIDGE ST ASHLAND, OR 97520 MOSCARITOLO VINCENT E/CYNTHIA 340 A ST 112 ASHLAND, OR 97520 PITTMAN GARTH M TRUSTEE ET AL 2625 T AKELMA WAY ASHLAND, OR 97520 ROSBOROUGH WYATT B/HELEN G POBOX 294 ASHLAND, OR 97520 STEWART CHARLES NEIL PO BOX 622 ASHLAND, OR 97520 VEIS ROB WALTER ET AL 17337 TRAMANTO DR 112 PACIFIC PALISADES, CA 90272 /-"- ~ r1 ,. ) Vol s rlJ~="' 24 rl'-~"H,::~R=ll+r- ~~R=f 4lifj-lklJN I~ '1: - .._,r::_~ttLw.. , 2,J 1 ~ I j r-+L~+fT 1~1--1--!-'1 " rn=fi I 'ml\r " =If- + ~.1i= I . 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II IL::., - -- Jlr-,:JlF~J:::EI::='- - 1- ~ 1 =. ::Ft, I l't@::EF' I+): -JF+ - Tl t- 1=~~j?- -=u+~E- t L::t -- -I~~I -rl= - __'- - - F :::~~, :::]~F~I+ti~ ~~I- =f~~: 1 !' ';'1 - 'IT _ -- - - - _:::- R=.i::l=l::..tL T ., _ ---- '- -- ! ,,'::J::ll~'- _..,:It:: TL~+w+if 1+_ ~j:t.;\ --mrl~tq:j1. }U:~llf[~~ nJ 1 .- -fF _. mEEt.1 lfttiJltnl=ftllu tf#lcfiRlt.tJutff", r 1- I . ff - n=mf. !1~ll-W TTT rrtFI-rfF -fl. :tl".~t__ !kH-. '-' I 22 ;;; 4. 3 :A . 2 5 (, '1 [j 10 11 12 13 14 '16 17 H3 PA2010-00211 Behind 1375 Iowa Tree location diagram 1, Popular tree 25 DBH inches diameter: This tree has been badly burned and sit on the west property line Hazard tree Request Removal due to encroaching on fence line request no mitigation 2, Popular tree 14 DBH inches diameter Request removal no mitigation This tree does not pose negative impact on the tree densities, size, canopies, and species diversity. Removal of the tree will not have significant negative impact on erosion, soil stability, flow of surface water, protection of adjacent trees, or existing windbreaks 3. Popular tree 8 inches @ 12 inches off ground forked one branch 6 inches and the other 4 inches sit on the west property line Hazard tree due to encroaching on fence line request no mitigation 4. Popular tree 10 DBH Tree Request removal, no mitigation This tree does not pose negative impact on the tree densities, size, canopies, and species diversity. Removal of the tree will not have significant negative impact on erosion, soil stability, flow of surface water, protection of adjacent trees, or existing windbreaks 5, Popular tree 11 DBH Request removal no mitigation Hazard tree due to encroaching on fence line request no mitigation There is no intent to do any mitigation P A20 10-00211 Behind 1375 Iowa Tree location diagram 1. Popular tree 25 inches diameter: This tree has been badly burned and sit on the west property line Request Removal 2. Popular tree 14 inches diameter Request removal 3. Popular tree 8 inches @ 12 inches off ground forked one branch 6 inches and the other 4 inches Request removal 4. Popular tee 10 inches diameter,. Request removal 5. Popular tree 11 inches Request removal There is no intent to do any mitigation CITY Of ASHLAND March 16,2010 John Kearns 693 Roca Ashland, OR 97520 RE: PA2010-00211, Property located behind 1375 Iowa Street Incompleteness Determination Dear Mr. Kearns: I have reviewed your application received on February 23,2010 for a Tree Removal permit for the vacant lot located behind 1375 Iowa Street. After examining the materials presented, I have determined that the application is incomplete because the information listed below was not provided. Incomplete applications are subject to delay in accordance with ORS 227,178. The application cannot be further processed and deemed complete until the missing information is submitted or the applicant indicates that the missing information will not be provided. The following items should be addressed by April 2, 2010, 1. Site Plan - A Site Plan delineating the location of the tree(s) proposed for removal is required for a complete application per Ashland Municipal Code, Land Use Ordinance 18.61.050, (See attached - highlighted in yellow). The Site Plan is required to be drawn to scale, contain the number, size, species and location of the tree(s) proposed for removal. 2. Findings - Written findings provided by the applicant are your burden of proof to address the required criteria for tree removal permits. It is unclear ifthe tree(s) proposed for removal are being classified by you or your arborist as a Hazard Tree or a Non-Hazard Tree (See attached- highlighted in yellow) In reviewing the application for completeness, the following inconsistencies with the applicable standards and approval criteria were identified, 1. Number of trees proposed for removal unclear - From my site visit it is clear that there is the large cottonwood which has burned, but your narrative states that other trees will be removed as well. There are at least three other large trees in the vicinity of similar size - are these also proposed for removal? 2. Mitigation - As required by the Ordinance, mitigation may be required. The applicant's findings are to address whether mitigation is proposed, Community Development Dept. 20 E. Main Street Ashland, Oregon 97520 www.ashland.or.us Tel: 541-488-5305 Fax: 541-488-6006 TTY: 800-735-2900 r~' To continue review of your application, you must select and complete one of the following three options: 1. Submit all of the missing information; 2. Submit some of the requested information and give the City of Ashland Planning Division written notice that no other information will be provided; or 3, Submit written notice to the City of Ashland Planning Division indicating that no other information will be provided. Please note that failure to complete one of the three options within 180 days of the application submittal date (February 23, 2010) will result in your application being deemed void. The application will be deemed void if the additional information is not submitted by August 23,2010. I have enclosed a form, entitled the "Applicant's Statement of Completeness." Please review the enclosed form and return it to me with any additional material you will be submitting. Your application will not be further processed until the Applicant's Statement of Completeness form is completed and received by the City of Ashland Planning Division, If you have questions, please contact me at 541.552.2044 or guntera(iv,ashland.or,us. ~,~ Encl: Applicant's Statement of Completeness Cc: Chris Hald, Landscape Maintenance File Community Development Dept. 20 E, Main Street Ashland, Oregon 97520 www.ashland.or.us 2 Tel: 541-488-5305 Fax: 541-488-6006 TTY: 800-735-2900 ~.l' r.l1 ZONING PERMIT APPLICATION FILE # Jl.O/O - 0 O~II I Planning Department 51 Winburn Way, Ashland OR 97520 CITY OF ASHLAND 541-488-5305 Fax 541-488-6006 DESCRIPTION OF PROJECT ~~ A ~L-<?rV-'L-e. DESCRIPTION OF PROPERTY Street Address (~:/1;L,f / 3 '7.) f~rvv-t\. Assessor's Map No. 39 1 E /0 C-- 8 it-: Tax Lot(s) ,....- 5 r.rv Zoning Comp Plan Designation APPLICANT Jt; frA/ k E-It f(jU <) to 4 ~ Ro CA- ~ ,- Phone ,S-lll )lA-ff-{)1) . C-o Jf.\ flY 0 & t& -7E-Mail ;JC'+Pl1E-l€tJN I<EAAAJSt!!... , City II-$" tfLA-# ]) Zip 1 7!;" 2-D Name Address PROPERTY OWNER Name At~o V I~ Phone E-Mail Address City Zip SURVEYOR. ENGINEER. ARCHITECT. LANDSCAPE ARCHITECT. OTHER Title rLv6/J~r Name'~ wuitA ~ Phone5"1f I 4 f? /?6/7 7 E-Mail Address City CL4-'l.-€..'\.~,,( Title~~'-" Name ~Av.M.. )J J~ Phone5"'<f1 '(8 L 3917 E.Mail Address Lf<6 S- CZ" at_tLA~_ it- City ~Vt--e <1A/---) Zip Zip I hereby certify that the statements and information contained in this application, incluqing 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 remocv,e tm expense. If I have an dOUbts~ I am advis,ed to seek competent professional ~dvice and assistance. .. .. -- C2. UtlhU/f-- ~l.-LttA4.1 ,;L:J ;Lo 10 Applic nt's Signature Date I I As owner of the property inv(Jlved in this request, I have read and understood the complete application and its consequences to me as a property owner'(k ) 1,-- ""'1 _ J!. . v.... C, f--.{ 4..-1//4.4-- ~ 2- '3 ~ / 0 Prope y Owner's Signature (required) Date J rr 0 be completed by City Stafl] Date Received ,;{.-;t1- 10 Zoning Permit Type .J- "1- (.7 (, Filing Fee $ 1?1....~- OVER ~~ n \(,I"nlll~n,..v\"I~f1"irlU\Fnrn\~ IV Hr-lllrllllllc,:\7flninll (lprllli, ^n"til':ltinn Fnrm flnf' ZONING PERMIT SUBMITTAL REQUIREMENTS o APPLICATION FORM must be completed and signed by both applicant and property owner o FINDINGS OF FACT - Respond to the appropriate zoning requirements in the form of factual statements or findings of fact and supported by evidence. List the findings criteria and the evidence that supports it. Include information necessary to address all issues detailed in the Pre-Application Comment document. o 2 SETS OF SCALED PLANS no larger than 11"x17".) Include site plan, building elevations, parking and landscape details. (Optional-1 additional large set of plans, 2'x3', to use in meetings D Fee (Check, Charge or Cash) NOTE: · Applications are accepted on a first come, first served basis. · Applications will not be accepted without a complete application form signed by the applicant(s) AND property owner(s), all required materials and full payment. · All applications received are reviewed for completeness by staff within 30 days from application date in accordance with ORS 227.178. · The first fifteen COMPLETE applications submitted are processed at the next available Planning Commission meeting. (Planning Commission meetings include the Hearings Board, which meets at 1:30 pm, or the full Planning Commission, which meets at 7:00 pm on the second Tuesday of each month. Meetings are held at the City Council Chambers at1175 East Main St). · A notice of the project request will be sent to neighboring properties for their comments or concerns. · If applicable, the application will also be reviewed by the Tree and/or Historic Commissions. -9- F"- .-Iv A~ ~~~ ~ ctv-eL ef-1<--V,. ~...~ ~ +0 f~~r I.. Te ~AC tJAAo{ jfrc.T.J.- ~ ~ 1 ~~. ne:r- j,. w-~ 41..-e O)\ft-- f^-e. k--w- tL gi e..:;1;C-.LMi-u-nf ~~~. h--.... l'i /lvt-a# ~ tl'a-~ L4 I/vd-€ tZ+ 0 ii-.eA kvt-<- J1a'l- ~fttciYLlArrr7rcl+--. t+-,,~ 71<.4 WJj) A(fk-~~ .fte ~VUlM"-f 1 HU~ ~fe~ r .~e kc-{.Fe ~. to lULu( />>L-.Q Ie) /UI '}e,4-1-- aJlk_ct~e~~e 1v <h/~~~7:i ~~/q ~/(/\ Cl JQ~A~ Ii \('nfm.rlpv\ mil1u\Fnrm" /?, H:uuhml'l.\7nl1il1l1 PPrmit ^nnlif'Sllioll I'nrrn ti"/,, /4~~ I .' (-~_ 1~-t- ~/eJIAJ-V~ I +v .he.v(;~y-t. 01t;-eyL A Job Address: Owner's Name: KEARNS JOHN C Phone: Customer #: 05587 State Lie No: KEARNS JOHN C City Lie No: Applicant: 2620 E BARNETT RD H Address: MEDFORD OR 97504 Sub-Contractor: Phone: Address: Applied: 02/23/2010 Issued: 02/23/2010 Expires: 08/22/2010 Phone: State Lie No: Maplot: 391 E10CB500 City Lie No: DESCRIPTION: Tree Removal COMMUNITY DEVELOPMENT 20 East Main St. 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