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Home My WebLink AboutTolmanCreek_1167_PA-2013-00457 CITY OF -ASH LAI~J April 23, 2013 PropertyOwners: Michael and Mary Jacobson 4976 Sierra Rd. San Jose, CA 95132 RE: PA# 2013-00457 (39 lE 04 CD #1800 & 1700) On April 23, 2013 the Department of Community Development, Planning Division reviewed and approved your request for a Boundary Line Adjustment between the properties located at 1167 Tolman Creek Rd. and 1159 Tolman Creek Rd. The review finds: 1) That all proposals of the applicant shall be conditions of approval unless otherwise modified herein. 2) The proposed five-foot storm drainage easement shall be delineated on the final survey documents. 3) This approval is valid for one year only, and a final survey shall be submitted within that time period. Boundary line adjustments do not become final until a final plat is signed by all affected parties, approved and signe -byM Community Development Director, and recorded at the Jackson County Assessor's office. B' 1 Molnar E Vi for D rtment of Community Development j Cc: Debra Neisewander 1159 Tolman Creek Rd. Ashland, OR 97520 i Richard Alspach Terra Survey 274 Fourth Street j Ashland, OR 97520 DEPT. OF COMMUNITY DEVELOPMENT Tel: 541A88-5305 20 E. Main Street Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us L., Carolyn Schwendener From: Michael Jacobson [michael.j2160@gmail.com] Sent: Thursday, June 20, 2013 11:20 PM To: Carolyn Schwendener Cc: Debbie Neisewander; Karen Larsen; Mary Jacobson; Richard Alspach; Susan Heydarian Subject: Fwd: Lot Llne Adjustment Attachments: 1167 Tolman Creek.pdf Carolyn Schwendene-r: Please notify the City of Ashland Dept of Community Development to cancel the attached Lot Line Adjustment permit ( PA#2013-00457), since the proposed Lot Line Adjustment did not meet the expectation of Debbie Neisewander.. Thank you, i Michael and Mary Jacobson Forwarded message From: Carolyn Schwendener <schwendec cr ashland.or.us> Date: Mon, Apr 15, 2013 at 1:37 PM j Subject: Lot LIne Adjustment To: michaelJ2160@gmail.com Hi Michael, I received in the mail today your application for a lot line adjustment at 1167 Tolman. I have attached a copy of your receipt and will process your application. If you have any questions just let me know. Thanks, Carolyn i 1 Carolyn Schwendener City of AshCand/Community DeveCopment 51 1Nin6urn Way 1 AshCand, OR 97520 Carol Vn.Schwendener@ashQndor.us 5'41-552 -2 0 64 i 800"735-2,C)00 541-488-6oo6 (fax) I i 1 i I L-7 ~~dr ll I~ r II Il 1 1 ? J If 1 `J i ~I ~1 1 lJ lI fI jr IF 1j-\, ),j1 ~ lJ ~~:1 f..lf ~.I I l 'ICI ~'rJI~~J F.I ~J I LI I fJ\~1,. I Ili~ ~ L,,1 I_I1 LI 1, C`. ~,~`I~\I~ {I ~ .,~ll ~lA •"i LI ~l l1 P.O. Box 467 Phone., 541-535-1529 104 W. 'galley View Rd. Webolte; F ; 541-535-4103 Talent 97540-04617 www.talentid.org m : tid a@tatentid.ory CERTMCATION OR" 92.090 (6) II May 21, 2013 City of Ashland Planning Department 20F, Main St Ashland, OR 97520 RE., 39-1.F-1.4CD Tax 1,*ts: 1700,1800 and. 1900 Planning Action #2013-00457 Lot Line Adjustment The Talent Irrigation District, hereinafter referred to as District, hereby certifies that the land described As Towfnsbip 39 South, Mange 1 Bast, Section 14CD, Tax Lots 1700, 1:800 and 1900 located at 1159 and 1167 Tolman Creek Road, Ashland is land located within the boundaries of the District. These tracts of land, as set .forth herein, are eligible for Talent Irrigation District water, and is subject to the statutory powers, rules and regulations of the District, Bureau of Reclamation and the State of Oregon Water Resources Department. Water fights currently exist within -the boundaries of each of the three existing parcels. With consideration of the above, TID finds that our concerns have been met. f lam . ;L ° Ji . Pendleton, Secretary/Manager Date I I i A LENT GATT DISTRICT Updated 5/21/08 LA USE AGENCY RESPONSE 104 W. Valley View Rd. Phone: 541-535-1.529 P.O. Box 467 Fax: 541-535-4108 'T'alent, O 97540 Email: tid@talentid.org i NA OE ENTITY REQUESTING RESPONSE: City of Ashland ENTITY REFERENCE NUMBER: 2p 13-00457 MEETING REVIEW DA : - P DESC TION:._ 39-1E-14CD Tax Lots- 1700 1500 and 1900 PROPER'T'Y ADDRESS: 11. 52 and 1 X 77 Tolman Creek Road ❑ NO COMMENT ON LAND USE ISSUE ( NOT MARKED, CONTT BELOW) ! NO IF CHECKED COMMENT COMMENTS ARE APPLIcAro I ® A. A rER I ISSUES, ❑ 1. Water rights need to be sold to someone or transferred back to Talent Irrigation District. Number of Irrigated Acres: Tax Lot 1700 has.40 1800 has.50, and 1900 has .20 irrigated acres Comments: i ® 2. Must have District approval for water rights to .remain in place on subject property. Comments: ❑ B. EASEMENTS DISTRICT EASEMENTS 1. Easement needs to remain clear. No permanent structures or deep rooted plants will be allowed within the easement limits. Comments: 2. If facility is to be relocated or .modified, specifications must meet the District's j standards and be agreeable to the District. A new written and recorded easement must be conveyed to the ,District. Comments: Be aware that the District's Bellview Pipeline runs adjacent to the roert and must not be m acted. 3. If a written and recorded easement does not exist ;for an existing facility, then one must be provided in favor of the District, comments. i PRIVATE EASEMENTS i 1. Property may have private facilities (ditch or pipeline) that the District does not manage. Arrangements may need to be made to provide continued service through the subject property for downstream water users. Comments: i i i i i i Ss,,~c~/word/rgrm3 Talent Irrigation District Agency Response Form Page 1 of 2 i Updated 5/21/08 NO IF (IfUC.1KED COMMENT COMMENTS ARE. A PPUCA H LE PRIVATE EAS.L+%NIENT PROVISIONS FOR MINOR PARTITIONS AND/OR LOT DINE ADJUSTMENTS , If the property currently has water rights and it is being partitioned or a lot lime adjustment is being made, easetnonts must he written and recorded which al,l.ow access for all of the pieces of property with water rights to continue to have access to the water. Comments; i i WATUM NILETER REQUIREMENT ON TRANSFERRED WATER RIGHTS 1. If the water right on this property is a transferred water right that currently has a water, uxetcr requirement., then each of the properties split off of the original f parcel all need to have water meters .installed prior to the use of irrigation water on the newly formed parcels. Comments, C. FACILITIES (,including but not limited to pipelines, ditches, canals, control checks or boxes) ® 1. Upgrades to District facilities may be required to support any land use changes or developments. such as pipe installations or encasing existing pipe under roads or concrete. Comments: i ® D. DRAINAGE/ STORM WATER ® The District relies on the Bureau of Reclamation's Storm Water Policy. No urban storm water or point source flows will be allowed into the District's facilities t without going through the Bureau of Reclamation process. (Developments in historically agricultural areas need to be aware of agricultural .run off water and take appropriate action to protect the development from upslope water.) Comments: GENERAL COMMENTS: I 1. No inl.erruptions to irrigation water deliveries will be allowed. 2. T.T.D. is a Federal Project and some facilities and/or casement issues may need Bureau of Reclamation i approval. 3. The developer/sub-divider will take all appropriate actions to ensure the reliability and protection of the original function of the District's facilities. I As required by ORS 92.090(6) the entity must receive a certification form from the District before approval of the final plat. el Date Signed.: 1 Ji Pendleton, anager Talent Irrigation District Mull IAAlgation District Agency F ,pU~Se Form Page 2 of To: City of Ashland April 3, 2013 Planning Division 51 Winburn Way Ashland, OR 97520 541-488-5305 From: Michael and Mary Jacobson 4976 Sierra Rd San Jose, CA 95132 408-259-2291 Re: Lot Line Adjustment Application Enclosed is our Lot Line Adjustment Application and $325 fee along with two copies of the required documentation. Please contact us if additional information is required. f Thank y0 j, i Michael i nd Mary Jacobson i I r I t cc: Debra Neisewander i I I i i i I Application for Lot Line Adjustment SITE: 1167 Tolman Creek Rd, Ashland, OR. April 3, 2013 391E14CD 1800 APPLICANTS: Michael & Mary Jacobson 4976 Sierra Rd. San Jose, CA. 95132 408-259-2291 Owners Lot 1800 ZONING: R-1-7.5, Single-Family Residential District APPLICATION: This application is for a Lot Line Adjustment to move the existing property line at the North boundary of Lot 1800 to the existing stone fence line, which over the years has been the assumed property line dividing Lot 1800 from Lot 1700. The existing property line begins at Tolman Creek Rd and runs West 196.5 ft. This proposed Lot Line Adjustment will move the property line between 3 ft and 5.41 ft South as shown in Figure 1-4. Distance From Tolman Creek ( E to W) Lot Line Adjustment South 0 ft 3.00 ft (From survey stake ) 73 ft 4.41 ft 196.5 ft 5.41 ft (From survey stake) This proposed Lot Line adjustment will benefit Lot 1700 by adding 876 sq ft to Lot 1700 and will reduce the size of Lot 1800 by 876 sq ft. Lot 1800 is currently 20,250 sq ft and will reduce to 19,374 sq ft. In addition, request is hereby made to change the existing 10 ft Storm Drain Easement for the benefit of Lot 1900 from 10 ft to 5 ft so that this easement will be confined to lot 1800. Justification: Approval of this application will begin the process to settle a dispute between the owner of Lot 1700, Debra Neisewander, and the owners of Lots 1800 & 1900, the Jacobsons. Neisewander is making the claim that the property line separating Lot 1800 and Lot 1700 should be moved to the stone fence which has been the assumed property line for many years. The Jacobsons agree with this assessment. s Adjacent Property Owners: Name Address Lot # Andrew and and Marcella Arrington 976 Bellview Ave 2300 Betty L. Brown 970 Bellview Ave 2200 William Leybold and Helen Leybold 960 Bellview 2100 M. Sullivan and Marilyn Reece-Sullivan 1155 Tolman Creek Rd 1600 Debra Neisewander 1159 Tolman Creek Rd 1700 Phone Number: 541-601-5801 Proposed Surveyor: Richard Alspach, PLS TerraSurvey, INC 274 fourth Street Ashland, OR, 97520 541-482-6474 Figures: 1-1 Assessor's Parcel Map 1-2 Existing Parcel Map with Dimensions 1-3 Proposed Parcel Map with Dimensions 1-4 Proposed Lot Line Adjustment between Lots 1800 and 1700 BACKGROUND: The subject property, Lot 1800, was purchased by Michael & Mary Jacobson on Dec 29, 2003 . In 2005 the Jacobsons applied for a Minor Lot Division (2Lots) and received approval from the City of Ashland. The subsequent survey was done on Sept 12, 2006 and the formal survey was filed with Jackson County on Dec 28, 2006. This formal survey performed by Kerry Bradshaw, a Oregon licensed Professional Surveyor, discovered that the factual property line boarding the North side of Lot 1800 and the South side of Lot 1700 was actually several feet North of the assumed property line defined by the stone fence. This finding was not favorable to the owner of Lot 1700 who claimed that the true property line should be the stone fence line which had been the assumed property line for many years. The 67.5 ft of fence separating Lot 1900 from Lot 1700 is also misplaced by about 5.4 ft south of the property line. However, Neisewander has agreed to release all interest in Lot 1900 and allow the Lot 1900 North fence to be moved to the existing property line if the Jacobsons move the property line separating Lots 1800 and 1700 to the stone fence line, which is the subject of this application. In December, 2009, the Jacobsons submitted a preliminary plan to Neisewander that included sharing the 10 ft storm drain easement between Lots 1800 and 1700 for the benefit of lot 1900 when the lot line is moved; however, in July 2012, Neisewander, owner of Lot 1700, rejected this plan and requested that the storm drain easement be contained only on lot 1800. In order to accommodate Neisewander's request the Jacobsons propose that the Storm Drain Easement be changed from 10 ft to 5 ft to minimize the impact to lot 1800. i i i f r i r E c i I i i i - d., - _ r I INFORMATION TECHNOLOGY ~ SS { - #l ! Map Maker If - 4700 Application m Front CillutlterLegend 1 l Highjjghted Feature Tax Lot Outlines S A, Tax Lot Numbers 88" I r ]IT 4K* 8104) 17 ~ 40 d 400 4 . f i E I 24 ~s I . ~ i -2700 I r i t f 5' 1 3400 1100 JACKSON COUNTY - 07eg6It f= This map is based on a 4M 4=--- 4002 4100 12" j - ( _ compiled by Jackson C uln`ty From a variety •S ; - _t_ of sources. Jackson County cannot accept responsibily for errors, omissions, or i r I • r $t3f positional accuracy. There are no DOWN waoanties, expressed or implied. k Crealedwilh MapMaket Map created on 1212120091:90:46 PM using web.jacksoncounly.org please recycle with colored office grade paper II 1 ~ ,9'004 1; 1 E ° E 0) - - 1 m w 0084 30-1 1 m L N co 0 ° ao0 'fn C! r N J 1 C. E c6 co rn N O z-.00'62 rL v, .65' 41 ~ M > .0011- 0 00643°'i ti 9 i'£$ (D ;ffj! ter .58.904 a8 1 c .05'£04 12 i ° co to v I to aEi iV 0 N L6 C(% a a 1- co 0-.2 b 1 0084 30-1 r - 13) 'U) j 0 0 r C i °0 1 et a) co e^- ( W p N N _G 00 1 r- ~ cl .00•LL o r° m 006410-1 C s .98'90 4 i L i w ! ~ O M 01 d LL kVM-:JO-iH`)I'd 109 0 ®RI NEIE210 NVNIO1 IXD J L R 5~0~ N > N a M O C p o i o U I z~ m ° g N I LL ~ ~ p I - ~ n m I ; ~ N m E2 n a E 3 o N - z o LE ® w o r ~ ~ J ° J II G - C N N v c L '.1 m Jo . N S I = rn N $ -p O In w ' p Ol g O N O I o W N E N N M O F ' L U U~ F y fl. 3 N ro r M Ise. $ O N E O) T U O N O O a O U K [ov ti I °oE 16m 5 E-6-" I O O 'N > Q J p ~U r w LL uJ~H 2 M N O n O y N a 0 C N W m N 'X ~YO pw ir_ ..L. N U1 >9-IL Ia pJ > (D 'O N O 1 3 C O O v a N Ia a) ~ a m O I ~ c a) d : E_ o E } U) N w` . n D v Y w a r o- O aO 3 0 Y 1 J I ~ CO C O ' N O : E M N O U CD Co Z 1, F : U) O J W 00 ~ p W m z G m 0'b6 0'bl 0-b4 I- - - - - - - C ° ~ m a o°0 0 tit m O - m ~ C O N C O2{ X a`. x L O w N ~ J L ~ O ~ 13 C O C C N 3 ~ r O N N a To. J F V ~ L pO - _ ( ® r L ~L J O J O N a n O U Z o Q m m a~ ~Oo ° N a). Z s rn O O p Z w N S8'90 V ZONING PERMIT APPLICATION J Planning Division 51 Winbum Way, Ashland OR 97520 CITY o F 541-488-5305 Fax 541-488-6006 FILE ASHLAND DESCRIPTION OF PROJECT (,01' ;1A 5 / r DESCRIPTION OF PROPERTY Pursuing LEED® Certification? El YES El NO Street Address 116-7 Tot i~J Assessor's Map No. 39 1 E Tax Lot(s) Zoning aA 11.4b Comp Plan Designation I APPLICANT i Name MIC A 1, ~ Itlylt-&Y Phone 40 6 ~ -,;Z oR J E-Mail Address-41-976 '5/KAM, a& City t Zip 9 5- I PROPERTY OWNER Name rH 1 C sa 1, d~_ ? Ate t 6 Phone - . 5-5- / E-Mail t e L .=i Ln 4? Address (4- T-76 T ° A k City QTO C Zip TY- I 5 SURVEYOR, NGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER Title Name /i Phone E-Mail i Address City Zip al cw o Title Name _r"' v ~)I`ti C Phone IV- (t ~ -61044E-Mail T" a 'O 15; ~ Address o LA (z T ~ City ~tAm 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. r r Failure in this regard will result most likely in not only the. request being set aside, but also possibly in my structures being built in reliance thereon being required to be re ovgd~ of my expense, I have any doubts I am advised to seek competent professional advice and assistance, Applicants Signature - Date As owner of t propefty involved in this request, I have read and understood the complete application and its consequences to me as a property wnerL l Property Own "s Signature (required) , Date [To be completed by City Staff] p Date Received / A-3. Zoning Permit Type Filing Fee $ ~_2 ~ off t` OVER r ,Dnrnmentc and Setrino.c\hirasa,De k-tnn,7nnine Permit Annlication.doc l ' Job Address: 1167 TOLMAN CR RD Contractor: ASHLAND OR 97520 Address: A Owner's Name: JACOBSON MICHAEL E/MARY A 0 Phone: P Customer 03643 N State Lie No: P JACOBSON MICHAEL E/MARY A T City Lie No: L Applicant: 4976 SIERRA RD R I Address: SAN JOSE CA 95132 /A C; Sub-Contractor: A Phone: T Address: N Applied: 04/15/2013 T Issued: Expires: 10112/2013 Phone: State Lie No: Maplot: 391 E14CD1800 City Lie No: DESCRIPTION: Lot Line Adjustment VALUATION Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description I Total for Valuation: i MECHANICAL ELECTRICAL - STRUCTURAL - - - - PERMIT FEE DETAIL Fee Description Amount Fee Description Amount Lot Line Adjustment 325.00 CONDITIONS OF APPROVAL i i 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 j CTY OF Inspection Request Line: 541-552-2080 ASHLAND III i I 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 (180-days). Development Fees: $ 0.00 $ 0.00 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: $ 325.00 $ 325.00 or local laws, ordinances, or regulations rests solely with the applicant. Sub-Total: $ 325.00 Fees Paid: $ 325.00 I Applicant Date Total Amount Due: $ 0 i 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 CTY OF j Inspection Request Line: 541-552-2080 -ASHLAND