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Home My WebLink AboutScenic_546 (PA-2010-01605) CITY Of ASHLAND December 20, 20 I 0 Lowell Masters 172 Skidmore #5 Ashland, OR 97520 Notice of Final Decision On December 16, 2010, the Staff Advisor for the Ashland Planning Division administratively approved your request for the following: PLANNING ACTION: 2010-01605 SUBJECT PROPERTY: 546 Scenic Dr. APPLICANT: Lowell & Susan Masters DESCRIPTION: A request for a Tree Removal permit to remove 1 damaged Mulberry Tree located in the front yard at 546 Scenic Drive. COMPREHENSIVE PLAN DESIGNATION: Multi-family Residential; ZONING: R-2; ASSESSOR'S MAP #: 39 IE 05DA; TAX LOTs: 5302 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: Parties of record and property o)Vners 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 ACTION: 2010-01605 SUBJECT PROPERTY: 546 Scenic Dr. APPLICANT: Lowell & Susan Masters DESCRIPTION: A request for a Tree Removal permit to remove 1 damaged Mulberry Tree located in the front yard at 546 Scenic Drive. COMPREHENSIVE PLAN DESIGNATION: Multi-family Residential; ZONING: R-2; ASSESSOR'S MAP #: 39 IE 05DA; TAX LOTs: 5302 SUBMITTAL DATE: DEEMED COMPLETE DATE: STAFF APPROVAL DATE: FINAL DECISION DATE: APPROVAL EXPIRATION DATE: November 30,2010 December 1, 2010 December 16,2010 December 30, 2010 December 30, 2011 DECISION The subject property is located on the east side of Scenic, south of Maple Street, across from Ashland Community Hospital, and is zoned R-2; Low-density Multi-family. An attached, single family duplex is placed on the lot. In 1984, the owner of the property was approved for a partition of the lot which created a two owner units rather than two rental units. Minimal landscaping is in place and there are no other trees in the front yard. There are no sidewalks abutting the property, but overhead power lines are placed on this side of the street. The applicant is proposing removing the damaged Mulberry tree, and replacing it with an Eastern Red Bud in the same location. An evaluation by Southern Oregon Tree Care noted that the tree had accrued severe weather damage over the years and as a result has split the trunk. The damaged tree has a high potential to fail and injure persons and/or property if not removed soon. The Tree Commission felt that an Eastern Red Bud is not an ideal tree for that location due to direct southern sun exposure and placed near the street. The Commission suggested that a species with a thicker bark will adapt better to direct sun exposure and will last longer than the chosen replacement. Additionally, the Commission noted that power lines exist at this location, and a species should be chosen that will grow to be no taller than 25 feet. The criteria for a Tree Removal Permit are described in AMC Chapter 18.61.080, as follows: An applicant for a Tree Removal Permit shall demonstrate that the following criteria are satisfied The Staff Advisor may require an arborist's report to substantiate the criteria for a permit. B. Tree that is Not a Hazard: The City shall issue a tree removal permit for a tree that is not a hazard if the applicant demonstrates all of the following: 1. The tree is proposedfor removal in order to permit the application to be consistent with other applicable Ashland Land Use Ordinance requirements and standards. (e.g. other applicable Site Design and Use Standards). The Staff Advisor may require the building footprint of the development to be staked to allow for accurate verification of the permit PA #2010-01605 546 Scenic/MP Page 1 application; and 2. Removal of the tree will not have a significant negative impact rn 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 application with the attached conditions complies with all applicable City ordinances. Planning Action 2010-01596 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- 01596 is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant shall be conditions of approval unless otherwise modified here. 2) That the applicant chose an appropriate replacement tree for the size and location, and shall be planted within 180 days of this approval. The tree shall be planted and maintained according to /'ye specifications in the City Tree Planting and Maintenance Guidelines. ( ,,~ / / ~~~A/l/t 12/1'1/2-01 tJ ( Bill Mo ar, Direc or Dati / ~artment of Community Development PA #2010-01605 546 Scenic/MP Page 2 Planning Department, 51 Winb. . Way, Ashland, Oregon 97520 541-488-5305 Fax: 541-552-2050 www,ashland,or.us TTY: 1-800-735-2900 CITY Of ASHLAND NOTICE OF APPLICATION PLANNING ACTION: 2010-01605 SUBJECT PROPERTY: 546 Scenic Dr. APPLICANT: Lowell & Susan Masters DESCRIPTION: A request for a Tree Removal permit to remove 1 damaged Mulberry Tree located in the front yard at 546 Scenic Drive. COMPREHENSIVE PLAN DESIGNATION: Multi-family Residential; ZONING: R-2; ASSESSOR'S MAP #: 39 1 E 05DA; TAX LOTs: 5302 NOTE: The Ashland Tree Commission will also review this Planning Action on November 4, 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: November 30,2010 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: December 15, 2010 02560 100 Feet 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:lcomm-devlplanninglNotices Mailed\20 1 0\201 0-0 1605.doc TREE REMOVAL 18.61.080 Criteria for Issuance of Tree R~.. ,oval- 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:\comm-dev\planninglNotices Mailed\20 1 0\20 1 0-0 1605 .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 November 30, 2010 I caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for Planning Action #2010-01596,585 (555) Clay Street. f:~"7 <"7 ~<, /) ~:"" < } i ~~l)~Jf571l)-€~k_/~~ Signature of Employee G:\comm-devlplanning\T emplateslAffidavit of Mailing_Planning Action Notice,doc 12/3/2010 PA-201 0-01605 391 E05DA 4800 PA-201 0-01605 391 E05DA 4900 PA-201 0-01605 391 E05DA 5000 FOGG CHARLES DOUGLAS ET AL FOGG CHARLES DOUGLAS ET AL FOGG CHARLES DOUGLAS ET AL 11495202ND 11495202ND 11495202ND BORING OR 97009 DAMASCUS OR 97089 BORING OR 97009 PA-2010.01605 391 E05DA 5100 PA-2010-01605 391 E05DA 5200 PA-2010-01605 391 E05DA 5300 MAYNARD JIM CONROY EVEL YN MARIE MCNAB MICHAEUMAXINE 559 S MOUNTAIN 563 ROCK ST 388 POMPANO CIR ASHLAND OR 97520 ASHLAND OR 97520 FOSTER CITY CA 94404 PA-201 0-01605 391 E05DA 5301 PA-2010-01605 391 E05DA 5302 PA-2010-01605 391 E05DA 5400 MENDOZA THERESA L MASTERS LOWELL F/SUSAN A LILLY JOSEPH FLINT/GRETA THERESE 1094 SHORELINE DR ~1 0620AMBtEweonfi.itE 535 ROCK ST SAN MATEO CA 94404 I"ASVEGA.g.NV-S9444- ASHLAND OR 97520 PA-201 0-01605 391 E05DA 5500 PA-2010-01605 391 E05DA 5600 , PA-2010-01605 391 E05DA 5700 NOVICK VICTOR C/TSUTAE H MC RAE M IN L MORELL ' ALEMAN HECTOR L JR TRUSTEE ET AL 532 SCENIC DR 151 COOLIDGE ST i 135 COOLIDGE ST ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2010-01605 391 E05DA 5800 PA-201 0-01605 391 E05DA 5900 PA-2010-01605 391 E05DA 6100 MIHAILOV TERRY ANN TRUSTEE ET AL i CRIPPEN ETHEL YNE L DELUCA RONALD L POBOX 1596 i 111 COOLIDGE ST 228 MORNINGLlGHT DR SHEL TON WA 98584 ! ASHLAND OR 97520 . i ASHLAND OR 97520 '! PA-201 0-01605 391 E05DA 6200 PA-2010-01605 391E05DB 300 PA-201 0-01605 391 E05DB 2400 PADILLA GISELA SARTORIUS DEIRDRE TRSTE FBO ! ASHLAND CITY OF 112 MAPLE ST 41901 HUMBUG WAY 20 N MAIN ST ASHLAND OR 97520 PORT ORFORD OR 97465 , ASHLAND OR 97520 I I ! PA-201 0-01605 391 E05DB 2500 , PA-201 0-01605 391 E05DB 2600 PA-201 0-01605 391 E05DB 2601 I FEDERAL NATIONAL MORTGAGE I JACOBSON MARTYN FRIED MD ASHLAND COMMUNITY HOSPITAL . ASSOCIATION 540 CATALINA DR FOUNDATION ! 400 COUNTRYWIDE WAY SV-35 ASHLAND OR 97520 I PO BOX 98 I ASHLAND OR 97520 i SIMI VALLEY CA 93065 i PA-2010-01605 391 E05DB 2602 PA-2010-01605 391 E05DB 2900 PA-201 0-01605 391 E05DB 3000 : BRIGHT CASEY/JENNIFER M NELSON JAMES WILEY/NELSON MOORE CAROL G TRUST ET AL : 531 SCENIC DR JOSEPH MICHAEL i 509 SCENIC DR I ASHLAND OR 97520 33462 NIEBLOCK LN ASHLAND OR 97520 CRESWELL OR 97426 PA-2010-01605 391E05DB 3100 PA-201 0-01605 391 E05DB 90004 546 Scenic Dr PETERSON NANCY GRAUER JAMES 12-1-2010 505 SCENIC DR 565 SCENIC DR 27 ASHLAND OR 97520 ASHLAND OR 97520 400 JACKSON COUNTY )000..1 I\UOO 1100 INFORMATION TECHNOLOGY 3400 7300 7200 Map Maker Application Front Counter LeQllnd Highlighted Feature 3100 3(i.OO theBuf(er theBufferTargel 1400 1500 Tax Lot Outlines Tax Lot Numbers 001 500 2:100 .............................. ..1 -1" . .1. 9400 9300 '95(W '9200 9100 3:ID2: 3304 woo 33.().3, 3:IDt 3661 9701 '9100 3(i.OO .s,) ffi ~ 3100 &BOO ~ 85(W 3602 8600 A .._. 43(10 ..-vv 3100 JACKSON COUNTY oregon 8200 8300 This map Is based on a dlgltal database complied by Jackson County From a variety of sources. Jackson County cannot accept responslblly for errors, omissIons, or positional accuracy. There are no warranties, expressed or Implled, Map created on 12/1/20108:20:57 AM using web.Jacksoncounty,org NURSERY @ Please recycle with cotored office grade paper Created with MapMaker TREE REMOVAL PLAN 546 SCENIC DR. ASHLAND, OR 97520 OWNERS: LOWELL AND SUSAN MASTERS 172 Skidmore st. #5 Ashland, Oregon 97520 a. Plans drawn to scale containing the number, size, species and location of the trees proposed to be removed or topped on a site plan of the property. SEE ATTACHMENT b. The anticipated date of removal or topping. The tree will be removed when approval has been given by the City of Ashland. There will be an attempt, weather permitting, to remove the tree within two weeks. c. A statement of the reason for removal or topping. Southern Oregon Tree Service employee (Willie) inspected the tree at my request for trimming. He determined that he would not trim the tree due to the fact that it had been severely damaged by wind, ice and snow several years ago and was now split at the trunk. He recommended tree removal as a future windstorm could cause it to fall and injure persons or property. d. Information concerning proposed landscaping or planting of new trees to replace the trees to be removed, and --- The tree stump will be ground down below the surface level and during the Spring a Cercius Canadensis (Eastern Red Bud) will be planted in its place. e. Evidence that the trees proposed for removal or topping have been clearly identified on the property for visual inspection. This large Fruitless Mulberry tree is the only tree in the front yard. f. A Tree Protection Plan that includes trees located on the subject site that are not proposed for removal, and any off-site trees where drip lines extend into proposed landscaped areas on the subject site. Such plans shall conform to the protection requirements under Section 18.61.200. No other trees or bushes are located in the front yard of the subject property. No drip or sprinkler lines are on the subject property. }oj ./ \, t 1; ~ I .Vr~ \ I , \ ~ I ~ '\ \ II (/J9 ~ \ ~ ~~ I 1\ \ I , \ \ \ \ \ \ \.~ s'\ 1\ \ \ \ '\ \ KX~ ~'6 : \" \. \ C/ \ .... .. ~( ~ 1 \" :<L~ ') \ \ \ 'J ~' \ \ ( 6V\C ?; ) \ \ \ \ \ 1\ \ \ \ ,,~ " .AA d. ,>-. < I / ! I / ! f'-> ~ 1- r - \ / 'if I~~ :.,Jf \ V'- '1'-' "". (Jj / 71.}l. ~/ , ~( l'fL't ") / \.~ \)-.U I .~ V< \/ V / / / ! r0<'~ '/;J~ ~ ,.PI ~ ~ \ \ II . ~Ol . / ... I I' '7/ I ... I \\ / \ -~ /'\ I I ,~ \ ~ !\ f (. eM o \t~ I 1/ / "- "'" . \ _.~r I jV ~ \ 7' I:' v~ tJ / / I ~ rL~ ~ I ~ ~ ~ v I 7 I q) ---I .IL v? v 1.;;7 1"" <:/ 4$<. . 1 .'" c / ~n . / / __<J ',a ...". "- .. ~. / ~ ~ / -- ~ ~ A ~ J 1./ PI.'- I ~ ~ ~ ~ ~ I /~ J. ( 1//:;; ~ ~ ~ =---- \ ~ ~4~ J / I ~ --- / ..;:. ---. / II ^..K) 'l I -- , I p<. f;- I I I , \ P.r" , 0 .~ &b... "" " %1 , \\\ J\I 11 7\J \11 ('j ...... \..,x\\ \CB 00 '.X'I 1 ....1 . iU ~r t;4~ 5c~~_ tv t i L ~ w ~ \ \ a. s V\~'\AA. IV\A\-S kN.:s "S ~ e- 7>/i>\I::. 3 I Contractor: Address: Phone: State Lic No: City Lic No: Sub-Contractor: Address: Phone: State Lic No: City Lic No: COMMUNITY DEVELOPMENT 20 East Main 51. Ashland, OR 97520 www.ashland.or.us Tel: 541-488-5305 Fax: 541-488-5311 TTY: 800-735-2900 Inspection Request Line: 541-552-2080 CITY Of ASHLAND I hereby certify the contents of this application to be correct to the best of my knowledge, and furthermore, that I have read, Fee Summary Paid Amounts understood and agreed to the following: Building: $ 0.00 $ 0.00 1. This permit shall remain valid only in accordance with code State Surcharge: $ 0.00 $ 0.00 or regulation provisions relating to time lapse and revocation Development Fees: $ 0.00 $ 0.00 (180 days). 2. Work shall not proceed past approved inspection stage. All Systems Development Charges: $ 0.00 $ 0.00 required inspections shall be called for 24 hours in advance. Utility Connection Fees: $ 0.00 $ 0.00 3. Any modifications in plans or work shall be reported in advance to the department. Public Works Fees: $ 0.00 $ 0.00 4. Responsibility for complying with all applicable federal, state, Planning Fees: $ 0.00 $ 0.00 or local laws, ordinances, or regulations rests solely with the Sub-Total: $ 25.00 applicant. Fees Paid: $ 25.00 Total Amount Due: $ 0 Applicant Date COMMUNITY DEVELOPMENT 20 East Main Sl. 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 ZONING PERMIT APPLICATION Planning Division 51 Winburn Way, Ashland OR 97520 CITY OF AS H LAN D 541-488-5305 Fax 541-488-6006 FILE DESCRIPTION OF PROJECT "7/;~e kk41?1!l7/ttJ ~ Street Address DESCRIPTION OF PROPERTY 5t.-/6 As . Pursuing LEE[)@ Certification? DYES ( I PhVD S'30'A DNa Assessor's Map No. 39 1 E Tax Lot(s) Zoning Comp Plan Designation APPLICANT Name !-owL-II/Y}776r-ca Address / '7;L ok; ~j /Yl t;Tf c Phone 702 ~ 326> --'I/)1f E_MailC(cadCl..ch,"e v<BG 0)< , ne,t- ttr 6"' City ~4 /a4/ld Zip q 7 ~S~O PROPERTY OWNER Name La w ~ II J11 !4-5/4':3 Address / 12 (-5 k/ d '/ut1 rC Phone 7())... - 3c21J r L) lie; cj E_MaT(CLltdacA:i,: ~~YJe )- '1r S-- City /k)It7l/i/lcL Zip 9' 7 S oLeo SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER Title Name Phone E-Mail Address City Zip 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 remov at my e;pfJPje. .JLI;ha~ny dO}ibt.SS" I 11f ~hseek competent professional adv/~// ass'7ce. ftv~ rr-;:/ L/~ II .30 I t1 Applicant's Signature Date / ' As owne t f the property involved in this request, I have read and understood the complete application and its consequences to me as a property owne. //7 /} J /; t/ ?/ L-'J /1 fd 10 Property Owner's Signature (required) Date ( Date Received Zoning Permit Type 1/ Filing Fee $, .. (~5 [To be completed by City Staff] OVER ~~ C:\Documents and Settings\lucasa\Desktop\Zoning Pennit Application.doc