HomeMy WebLinkAboutHersey_230 (PA-2010-00691) CITY
July 14, 2010 ASHLAND
Wayne L. Elder `
527 Putnam St,
Ashland, OR 97520
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Notice of Final Decision
On June 13,2010, the Staff Advisor for the Ashland Planning Division administratively approved your
request for the following:
PLANNING ACTION: 2010-00691
SUBJECT PROPERTY: 230 W. Hersey St
APPLICANT: Wayne Eder
DESCRIPTION: A request for a Tree Removal Permit for 2 Cottonwood trees located behind 230
Hersey St., along the railroad right-of-way. COMPREHENSIVE PLAN DESIGNATION: High-Density
Multi-Family Residential;ZONING: R-3; ASSESSOR'S MAP#: 39 1 E 04CB; TAX LOT: 2402
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The Staff Advisor's decision becomes final and is effective on the 13"'day after the Notice of Final
Decision is mailed.
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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)
18.108.070(B)(2)(b)and/or file an appeal to the Ashland Planning Commission as provided in the ALUO
18.108.070(B)(2)(c).
An appeal may not be made directly to the Land Use Board of Appeals. Oregon law states that failure to
raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford
the decision maker an opportunity to respond to the issue, precludes your right of appeal to LUBA on that
issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of
appeal to LUBA on that criterion. Failure of the 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
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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.
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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.
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cc: Rail America John Bullion 333 SE Mosher Roseburg OR 97470
Parties of record and property owners within 200 ft
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DEPT.OF COMMUNITY DEVELOPMENT Tel:541A88-5305
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20 E.Main Street Fax:541-552-2050
Ashland,Oregon 97520 TTY: 800-735-2900
www.ashland.orms
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ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: 2010-00691
SUBJECT PROPERTY: 230 Hersey
APPLICANT: Wayne Eder
DESCRIPTION: A request for a Tree Removal Permit to remove 2 Cottonwood trees greater than 18-
inches in diameter behind 230 Hersey along the Railroad right-of-way. The tree has not been reviewed
by an arborist.
COMPREHENSIVE PLAN DESIGNATION: High-Density Multi-Family Residential;
ZONING: R-3; ASSESSOR'S MAP #: 39 lE 04CB; TAX LOT: 2402
SUBMITTAL DATE: June 3, 2010
DEEMED COMPLETE DATE: June 15, 2010
STAFF APPROVAL DATE: July 13, 2010
FINAL DECISION DATE: July 26, 2010
APPROVAL EXPIRATION DATE: July 26, 2011
DECISION
The property is located on the north side of Hersey Street, west of Laurel Street, south of the Railroad
tracks. The trees in question are located behind the subject property, adjacent to the railroad right-of-
way. The tree removal request is for 2 Cottonwood trees greater than 18-inch in diameter at breast
height, which is in the northeast side of the parcel.
The railroad parent company CORP has been contacted by neighboring property owners stating that the
trees have been dropping limbs over the years and are a potential hazard to herself and property. Upon
inspection, it appears that the trees have been internally and externally damaged from weather, age,
vandalism and insects.
The Tree Commission has reviewed the application and feels that the removal of the Cottonwoods is
appropriate. Staff received one letter in support of removal.
The trees may have been a part of a windbreak originally planted during the time of heavy railroad use.
However, today a Cottonwood is not an approved city tree and removal would not be detrimental to the
surrounding landscape.
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
StgffAdvisor 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 gfway 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
PA#2010-00691
i
230 Hersey SUMP
Page
,foreseeable danger gfproperty 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 gf 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. (e,g. other applicable Site
Design and Use Standards). The Stcrf('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,
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 2010-00616 is approved with the following conditions. Further, if any one or more of
the following conditions are found to be invalid for any reason whatsoever, then Planning Action 2010-
00691 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 applicant shall mitigate the removed trees by either planting two new trees off-site at a
4iffee,nt property under the same ownership, or by paying $400.00 per tree towards the Tree
^Fun accordance with the requirements for payment in lieu of planting. j
Bir Molnar, irector Date
De rtme of Community Development
PA#2010-00691
230 Hersey SUMP
Page 2
July 6, 2010
Dear Ashland Tree Planning Commission
I am the owner of property at 230 W. Hersey St. where there is a petition in
review to remove two trees. I am worried about the danger of the big
cottonwood trees behind my house which stand on the railroad track
property. I LOVE them very much. I feel like I live in a tree house as I
look out at them. I cherish the sounds they make as breezes blow through
their leaves and they are wonderful in shading my home. HOWEVER.—the
biggest one, which stands on the railroad property and middle of my back
property line has a good 7+ inch round hole about a foot up from it's base
which goes over 14 inches deep into the middle of the tree...indicating it is
rotten down to its core at the base. One portion of the tree has already
broken off due to one main branch being rotten. The tree often drops large
limbs down in the winter into my yard and being that cottonwoods are
notoriously known as "widow makers" at the least the one big limb should
be cut off. It hangs way over my property line and should the whole tree fall
it would pull the tree towards crashing into my house. If it falls at night it
could easily kill me. When I talked to the railroad people they said they
would not cut off the limb, they would only take the whole tree down. As
much as I will miss it, such remedial/precautionary action is the best course
as the tree does show a good amount of rot through-out.
While your sign mentions "two trees", there are three other cottonwood trees
that sit on the far right side as I look out my back door which also show rot.
First, the smallest of them which is very unsightly as the major part of the
tree going up broke off and so it just has a straggly looking limb left which I
would appreciate being cut down. The largest one of the three trees has a
large base that goes up which looks healthy but the large limb that swings
way up over my property has about two feet of the bark that has lifted up;
this is a clear sign that the tree or at least this limb is rotten and will break
off. This large limb has to weigh a good 700 pounds. When it breaks it will
destroy much of my fence and other plants if it is not taken down now.
Once again, the railroad people said they would not cut just that one limb,
they would take the whole tree because they do not want to come back in a
few years to cut the rest down should the tree die from cutting off that limb.
So I guess that whole tree much go. The third tree of the three trees has a
huge bulbous growth about five feet above the ground indicating that it also
is most likely rotten. The subject tree however is not presently a danger to
my house or my neighbor's house because the other trees have prevented it
from growing limbs out towards our property. As the property owner next
to me had a cottonwood tree limb drop through his roof and ceiling of his
daughter's room, he had all the cottonwoods behind his house but this one
taken down. In cutting them down they found they were all rotten. Because
this one was not a danger to falling on his house, they did not have it cut
down. However because the rot often travels through the roots to the other
trees, this one looks to have a big rotten spot on it and would best be taken
down at the same time given the railroad people do not want to come back to
do this again.
I will miss the subject trees but given the strange fluctuations in our weather
stressing the trees an ounce of prevention is worth a pound of cure. Taking
the trees down now rather than having them fall down and destroy my house
or kill me or a guest (which almost happened a few years back when I had a
friend over and we were going to sit outside as it was a nice summer day but
then we decided to sit inside and a huge limb crashed down and broken my
teals wood chair and damaged my teak wood patio table —huge crash and
luckily we were not sitting outside at the time). I would suggest it prudent to
take the three trees along with the straggly little tree.
As you can tell from my property I have put up many trees as I love them.
But dangerous trees are not good. Thank you for your consideration of my
facts as I have presented them as honestly and well as I am able.
Sincerely, -
Lucretia Smith
230 W. Hersey
Ashland, OR 97 0
Planning Department,51 Winbu„i Way,Ashland,Oregon 97520 CITY OF
541-488-5305 Fax;541-552-2050 www.ashland.or,us TTY; 1-800-735-2900 ASHLAND
NOTICE OF APPLICATION
PLANNING ACTION: 2010-00691
SUBJECT PROPERTY: 230 W Hersey
OWNER/APPLICANT: Wayne Eder
DESCRIPTION: A request for a Tree Removal Permit for 2 Cottonwood trees located behind 230 W Hersey
St., along the railroad right-of-way. COMPREHENSIVE PLAN DESIGNATION: High-Density Multi-Family
Residential,ZONING:R-3;ASSESSOR'S MAP#:391E 04CS; TAX LOT:2402.
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
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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.
GAcomm-dev\planningWotices Mailed\2010\2010-00691.doo
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)
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STOKES WALTER WEINBERG JASON/TARA Rail America—John Bullion
242 HERSEY ST 1171 VILLAGE SQUARE DR 333 SE Mosher
ASHLAND OR 97520 ASHLAND OR 97520 Roseburg OR 97470
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527 Putnam St 7-7-10
Medford OR 97501 230 Hersey- Railroad
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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 1 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 #2010-00691, 230 W
Hersey.
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527 Putnam Medford, Oregon 97501
June 2, 2010
City of Ashland
Planning &Zoning Department
51 Winburn Way
Ashland, OR 97520
SUBJECT: Tree Removal-CORP Right of Way Ashland, OR
Dear Plan Reviewer,
3 B's Forestry Inc. of Medford has been contracted by CORP (Rail America) to
remove trees on CORP's property in Ashland. Per your requirements for tree
removal within the City of Ashland, the following permit application is requested:
REASON FOR REMOVAL
CORP has been contacted by the adjacent property owner(s) requesting that a total
of three trees be removed from CORP's property. All three trees have had a history
of dropping branches on the neighboring properties. It appears an unknown party
has cut and removed a portion of these trees without CORP's permission, and
inspection shows that these trees are considered "hazard trees", with internal and
external damage from wind, weather, vandalism, and bugs. In order to prevent these
trees from falling by natural causes, with the potential for significant damage to
property, and potentially human life, it has been determined by CORP that the best
avenue of correction is to remove the trees.
CONTRACT
3 B's Forestry of Medford has been contracted to cut and remove the trees outlined
in this application by CORP (Rail America). 3 B's will use certified "fallers" to cut the
trees, removing the trees in sections to reduce safety hazards. Once cut down, the
trees will be cut into sections and removed from the project site.
3 B's is a licensed and insured forestry contractor in the State of Oregon.
If you require additional information, please feel free to contact me at (541)662-1327.
Sincerely, *
ayne L. Eder s;
Fire Management Officer ° i ` �
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SITE MAP 7 PUTNAM STREET JUNE 17 010
ZONING PERMIT APPLICATION
Planning Department
C IT v OF 51 Winburn Way,Ashland OR 97520 FILE #
ASHLAND 541-488-5305 Fax 541-488-6006
DESCRIPTION OF PROJECT 7 1)22- Lnryoveamk
DESCRIPTION OF PROPERTY
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Street Address del
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Assessor's Map No. 39 1 E 0 Tax Lot(s)
Zoning _ _ Comp Plan Designation g L. A0
APPLICANT
Name Wayne L. Eder Phone (541)662-1327 E-Mail `"ayne @3bsforestry.com
Address 527 Putnam St. City Medford Zip 97501
PROPERTY OWNER
Name Rail America (John Bullion) Phone (541)941-3709 E-Mail lohn.bullion @railamerica.com
Address 333 SE Mosher city Roseburg Zip 97470
SURVEYOR, ENGINEER,ARCHITECT, LANDSCAPE ARCHITECT,OTHER
Title Name Phone E-Mail
Address_ City Zip
Title Name Phone E-Mail
Address City Zip
l 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. /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 l 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 removed at my ex nse. If/have any doubts,/am advised to seek competent professional advice and assistance.
5/27/10
Applic t' ignature Date
As owner of the property involved in this request, l have read and understood the complete application and its consequences to me as a property
owner.
5/27/10
P! erty Owner's Signature (required) Date
ITo be completed by City Stab
Date Received—L Zoning Permit Type Filing Fee$
Planning Action Type /� 'J'r ") '
OVER /®
C:A DOCUMG�I\h�mkstALOCAIS�I\TempALonins Permit Application Porm.doc
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Job Address: 230 HERSEY ST Contractor:
ASHLAND OR 97520 Address:
C'
A Owner's Name: DEL RIO JAVIER/DAWN Phone:
P Customer#: 05737 State Lic No:
P WAYNE EDER T City Lic No:
L Applicant:
Address: q
Cr C' Sub-Contractor:
A Phone: (541)662-1322 T Address:
N Applied: 06/03/2010 Q'
T Issued:
Expires: 11/30/2010 R Phone:
State Lic No:
Maplot: 391 E04CB2402 City Lic No:
DESCRIPTION: Tree removal on property behind 230 Hersey along RR
VALUATION
Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description
Total for Valuation:
MECHANICAL
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STRUCTURAL
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PElkMIT>;E;�DETAIL
Fee Description Amount Fee Description Amount
Type [ 25.00
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CONDITIONS OFApPROVAL
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COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 East Main St. Fax: 541-488-5311
Ashland, OR 97520 TTY: 800-735-2900
www.ashland.or.us
Inspection Request Line: 541-552-2080 CITY OF