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Home My WebLink AboutFourth_260_PA-2011-00185 CITY Of ASHLAND March 29,2011 Greg Provost 6431 Adams Rd Talent OR 97540 Notice of Final Decision On March 28, 2011, the Staff Advisor for the Ashland Planning Division administratively approved your request for the following: PLANNING ACTION: 2011-00185 SUBJECT PROPERTY: 260 Fourth Street APPLICANT: Provost Properties DESCRIPTION: A request for Hazard Tree Removal Permit to remove a 24-inch DBH Box-elder tree which is growing up from under the foundation of the building at the property located at 260 Fourth Street. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 39 IE 09AB; TAX LOT: 5800 The Staff Advisor's decision becomes fmal 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 Vse Ordinance (ALVO) 18.1 08.070(B)(2)(b) and/or file an appeal to the Ashland Planning Commission as provided in the ALVO 18.1 08.070(B)(2)( c). An appeal may not be made directly to the Land Vse 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 : Joyce Provost 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 m: 800-735-2900 ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: 2011-00185 SUBJECT PROPERTY: 260 Fourth Street APPLICANT: Provost Properties DESCRIPTION: A request for Hazard Tree Removal Permit to remove a 24-inch D.B.H. Box Elder tree which is growing up from under the foundation of the building at the property located at 260 Fourth Street. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 39 IE 09AB; TAX LOT: 5800 SUBMITTAL DATE: DEEMED COMPLETE DATE: STAFF APPROVAL DATE: FINAL DECISION DATE: APPROVAL EXPIRATION DATE: March 3, 2011 March 10, 2011 March 29,2011 April 11, 2011 April 11, 2012 DECISION The subject property is located on the east side of Fourth Street between A and B Street, there is an unimproved public alley along the rear of the parcel. The tree removal request is to remove a 24-inch box elder tree which is growing up from under the building located at 260 Fourth Street. The tree requires a tree removal permit because it is more than six inches in diameter at breast height and the property is zoned Employment (E-1). The tree has the potential to cause damage to the foundation of the structure as it is growing from underneath of it and has been determined to be a Hazard Tree. 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. 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 toAMC 18.61.084. Such mitigation requirements shall be a condition of approval of the PA#2011-00185 260 FourthJadg Page 1 permit. The application complies with all applicable City ordinances. Planning Action 2011-00185 is approved. /,.-. r \ -:7 "> I PA #2011-00185 260 FourthJadg Page 2 EaSy feeI8 I.a'b!!Is Use Avery0~1le 51l~ PA-2011-00185 391E09AB 6303 AJANI OREGON LLC ET AL 1685 OLD HWY 99 ASHLAND, OR 97520 PA-2011-00185 39IE09AB 6000 DAMON- TOLLENAERE MATTHEW TRUSTEE ET AL 235 FIFTH ST ASHLAND. OR 97520 PA-2011-00185 39IE09AB 5801 GA;RF AS JOSEPH - TRUSTEE 1188 TYLER CREEK RD ASHLAND, OR 97520 PA-2011-00185 39IE09AB 5000 JACKSON DANIEL D TRUSTEE 1793 ANDERSON CREEK RD . TALENT, OR 97540 PA-2011-0018~ 39IE09AB 6300 LOMBARDI ROBERT J/CORINNE S 1685 OLD HWY 99 ASHLAND, OR 97520 PA-2011-00185 39IE09AB 9100 PEERLESS HOTEL LLC 243 FOURTH ST ASHLAND,'OR 97520 PA-2011-00185 39IE09AB 5800 PROVOST PROPERTIES LLC 4224 HWY 66 . ASHLAND, OR 97520 PA-2011-00185 39IE09AB 9200 TRES STARS LLC 243 FOURTH ST ASHLAND, OR 97520 ~~t~f~r It!Rli~lfta~R~~ Iftlmd~lin.ettp II ~FRqptijP~M>I !! II .. ;. RialdlllliJllar PA-2011-00185 39IE09AB 5100 BONSELL TONY 564 A STREET ASHLAND, OR 97520 PA-2011-00185 39IE09AB 5300 DAVIS CAROL HORN TRSTEE FBO 660 PRIM ST ASHLAND, OR 97520 PA-2011-00185 39IE09AB 9800 GARSON THOMAS L/CYNTHIA H P OBOX966 ASHLAND, OR 97520 PA-2011-00185 39IE09AB 8900 JENSEN ASBLEY TRUSTEE ET AL 153 FORK ST ASHLAND, OR 97520 PA-2011-00185 39IE09AB 6302 LOMBARDI ROBERT J/CORINNE S 230/232 FOURTH ST ASHLAND, OR 97520 PA-2011-00185 39IE09AB 6100 PEIL mOMAS HANSEN TRUSTEE ET AL PO BOX 3395 ASHLAND. OR 97520 PA-2011-00185 39IE09AB 5900 ROBINSON EDWIN P TRUSTEE 2407 BRENTWOOD RD SACRAMENTO, CA 95825 PA-2011-00185 39IE09AB 5700 WELCH WILLIAM L TRUSTEE ET AL 260 4TH ST ASHLAND,.OR 97520 'I II 'I Al ..... Sg!!f1~lIe clalUaftl!lil!!Rt Rfm~it~il1MMm8ltiMde II r~~~!lboohf~11 r1iiX\ I l ~~!i~~ll PA-2011-00185 39IE09AB 9700 BRISCOE JAMES CHRISTOPHER TRUSTEE ET AL 287 4TH STREET ASHLAND. OR 97520 . PA-2011-00185 39IE09AB 9000 FRANTZ mOMAS WILAURA 1051 TOLMANCREEKRD ASHLAND, OR 97520 PA-2011-00185 39IE09AB 5400 GREMMELS DAVID L PO BOX 3606 CEN:rRAL POINT, OR 97502 PA-2011-00185 39IE09AB 9600 JONES LARRY D 1188 TYLER CREEK RD ASHLAND, OR 97520 PA-2011-00185 391p09AB 5500 PAPEN FRANK CONRAD TRUSTEE 267 MEADE ASHLAND, OR 97520 PA-20H-00185 39lE09AB 5200 POWELL GARY DEAN 562 A ST ASHLAND, OR 97520 PA-2011-00185 39lE09AB 8700 STRAUB JEFFERSON TOLLY TRUSTEE ETAL 463 B ST ASHLAND. OR 97520 PA-2011-00185 39lE09AB 6200 WILSON ARTHUR/MARY ELLEN 565 B ST ASHLAND, OR 97520 ~ 2'3! zq (I I f'\DD 2- ~O t:;-~h ~~yctUm 1~~Y J I J I I I !.! Planning Department, 51 WinL Way, Ashland, Oregon 97520 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 CITY OF AS LAN NOTICE OF APPLICATION PLANNING ACTION: 2011-00185 SUBJECT PROPERTY: 260 Fourth Street APPLICANT: Provost Properties DESCRIPTION: A request for Hazard Tree Removal Permit to remove a 24-inch DBH Box-elder tree which is growing up from under the foundation of the building at the property located at 260 Fourth Street. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 39 IE 09AB; TAX LOT: 5800 NOTICE OF COMPLETE APPLICATION: March 10, 2011 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: March 24, 20114:30 pm Propo-ty lines ar.efor refr:rencl!i only, not .scateabte 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\Templ.tesINOTICE OF COMPLETNESS - NEW.doc 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 shCjIl 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\planning\TemplatesINOTICE OF COMPLETNESS - NEW.doc JACKSON COUNTY INFORMATION TECHNOLOGY 6100 Map Maker Application Front CQunter l-egend Highlighted Feature 102:00 the Buffer theBufferTarget Tax Lol Oulllnes Tax Lol Numbers 6!f.OO I , 1(t~OO l I I I / !I /' ,I100I)l)} l' /fMJOO l " I I " , I I , , I " I / \ ,I 4qOO , i 1..,. 4100 8'2:00 "{ / , i I \ " / / (.O~ i' /'-" (I) 1'+);' 1400 JACKSON COUNTY 0,. ego II @ Please recycle with colored office grade paper Created with MapMaker ThIs map Is based on a digital 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 Implied, Map created on 3/9/2011 2:56:55 PM using web.Jacksoncounty.org Easy Peel@ labels Use Avery@ Template 5160@ PA-2011-00185 391E09AB 6303 AJANI OREGON LLC ET AL 1685 OLD HWY 99 ASHLAND, OR 97520 PA-2011-00185 39IE09AB 6000 DAMON- TOLLENAERE MATTHEW TRUSTEE ET AL 235 FIFTH ST ASHLAND. OR 97520 PA-2011-00185 39IE09AB 5801 GARF AS JOSEPH - TRUSTEE 1188 TYLER CREEK RD ASHLAND, OR 97520 PA-2011-00185 39IE09AB 5000 JACKSON DANIEL D TRUSTEE 1793 ANDERSON CREEK RD TALENT, OR 97540 PA-2011-00185 39IE09AB 6300 LOMBARDI ROBERT J/CORINNE S 1685 OLD HWY 99 ASHLAND, OR 97520 PA-2011-00185 39IE09AB 9100 PEERLESS HOTEL LLC 243 FOURTH ST ASHLAND, OR 97520 PA-2011-00185 391E09AB 5800 PROVOST PROPERTIES LLC 4224 HWY 66 . ASHLAND, OR 97520 PA-2011-00185 39IE09AB 9200 TRES STARS LLC 243 FOURTH ST ASHLAND, OR 97520 Etiquettes faciles a peler Utilisez Ie gabarit AVERY@ 5160@ I I I Ai I Bend along line to I expose Pop-up Edge™ 1, 4. - Feed Paper -- PA-2011-00185 39IE09AB 5100 BONSELL TONY 564 A STREET ASHLAND, OR 97520 PA-2011-00185 39IE09AB 5300 DAVIS CAROL HORN TRSTEE FBO 660 PRIM ST ASHLAND, OR 97520 PA-2011-00185 39IE09AB 9800 GARSON THOMAS L1CYNTHIA H POBOX 966 ASHLAND, OR 97520 PA-2011-00185 39IE09AB 8900 JENSEN ASHLEY TRUSTEE ET AL 153 FORK ST ASHLAND, OR 97520 PA-2011-00185 39IE09AB 6302 LOMBARDI ROBERT J/CORINNE S 230/232 FOURTH ST ASHLAND, OR 97520 PA-2011-00185 391E09AB 6100 PEIL THOMAS HANSEN TRUSTEE ET AL PO BOX 3395 ASHLAND. OR 97520 PA-2011-00185 39IE09AB 5900 ROBINSON EDWIN P TRUSTEE 2407 BRENTWOOD RD SACRAMENTO, CA 95825 PA-2011-00185 39IE09AB 5700 WELCH WILLIAM L TRUSTEE ET AL 260 4TH ST ASHLAND,.OR 97520 I I I 1 4. Sens de charqement Repliez a la hachure afin de I reveler Ie rebord POp-UpMC 1 'iiJ AVERV@ 5160@ ! ~ i PA-2011-00185 39IE09AB 9700 BRISCOE JAMES CHRISTOPHER TRUSTEE ET AL 287 4TH STREET ASHLAND. OR 97520 PA-2011-00185 39IE09AB 9000 FRANTZ THOMAS W/LAURA 1051 TOLMAN CREEK RD ASHLAND, OR 97520 PA-2011-00185 39IE09AB 5400 GREMMELS DAVID L PO BOX 3606 CEN1RAL POINT, OR 97502 PA-2011-00185 39IE09AB 9600 JONES LARRY D 1188 TYLER CREEK RD ASHLAND, OR 97520 PA-2011-00185 39IE09AB 5500 P APEN FRANK CONRAD TRUSTEE 267 MEADE ASHLAND, OR 97520 PA-2011-00185 39IE09AB 5200 POWELL GARY DEAN 562 A ST ASHLAND, OR 97520 PA-2011-00185 39IE09AB 8700 STRAUB JEFFERSON TULLY TRUSTEE ETAL 463 B ST ASHLAND. OR 97520 PA-2011-00185 39IE09AB 6200 WILSON ARTHUR/MARY ELLEN 565 B ST ASHLAND, OR 97520 www.avery.com 1-800-GO-A VER,Y I I I A '~ ~ ~ ) ~l .~ ~ "\ ~ ~, (J .:J ~ ~ "-.., ~ --'" ., \\ ~ ~ ~ ~ ""it'- "\ ~ CJ ~ IOo! r fo/---1 dbO Lj/J $(.;IiJ~ i 1fJ.11 ~ rJ6d~ for1h>'r rEel T 3D1 .1 [neQ rYeyl"dUO,Cf /Oc/ fC/ ---1 d60 Lj!! &,;;i/h.~ r tj d- II ~ rJ6C~~ for fA>'r r E c/ T 301 f "- Trf.Q iYey1t"duod Size and Type- 18 to 20 inches in dia. 30 feet tall. Popular Reason for removing - may damage building foundation. Robin Peirce has pointed to the business owners that the tree should be removed. ~/ ftouool ZONING PERMIT APPLICATION II J FILE# Planning Division 51 Winburn Way, Ashland OR 97520 CITY OF ASHLAND 541-488-5305 Fax 541-488-6006 DESCRIPTION OF PROJECT '\ (" I { Q~. ~))f\j\'~' :).~< Street Address /)./;6 y~ rlrv&c+ Pursuing LEED@ Certification? 0 YES 0 NO DESCRIPTION OF PROPERTY Assessor's Map No. 39 1 E 0 9 A g /' Zoning ~r c/ c.' i APPLICANT I Name e:;:r'e/<f' p/CJV{)S' .PdA& / Address 6Y'.-fJ A~&PI~ /// PROPERTY OWNER Tax Lot(s) Sj?O 6 Comp Plan Designation Phone (y/- f?d/- /079 E-Mail /J/C)()()s! kS fOJJ1P,;'c,()frJ City Mh.",-/J Zip )7{'/O Name (J <Jl/c';L / Address vc2c2 ,V ?~'C) U 051 Phone )f//- Y'J?dL- 09f?b E-Mail . City ;1c:-;4 /~J 6tC NW7 ';6 ( Zip 77S~ 0 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 lik Iy in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to be ",moved at my "R Rei have oy doubts, I am advised to seek competent professional adVI~Ztance ~ CZ ~ // Applicant's Signature Date / As owner of the property involved in this request, I have read and understood the complete application and its consequences to me as a property own~r:) / ;' ft~:/,,:,?'? / /' T~; t"" ",," "'''>/ <,"i<!~.;~}/' Fe/'" ,,/!/'/'>:>/ /' ,--;,-:~'l //'><>"(/>:~/ { /eropertY Owner's Signature (required) ../ /..( /// ,\/(!/ ~/ Date [To Zoning Permit Type Filing Fee $ Date Received OVER ~~ C:\.Documents and Settings\lucasaIDcsktop\Zoning Pcnuit Application.doc Owner's Name: PROVOST DOM S/JOYCE M Phone: Customer #: 06084 State Lie No: PROVOST DOM S/JOYCE M City Lie No: Applicant: 357 EAST MAIN ST Address: ASHLAND OR 97520 Sub-Contractor: Phone: Address: Applied: 02/17/2011 Issued: Expires: 08/16/2011 Phone: State Lie No: Maplot: 391 E09AB5800 City Lie No: DESCRIPTION: Remove 18" tree - damaging house foundation COMMUNITY DEVELOPMENT 20 East Main Sl. Ashland, OR 97520 www.ashland.OLUS 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: $ 0 Applicant Date Total Amount Due: $ 25.00 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