HomeMy WebLinkAboutStrawberry_174_PA-2013-00007
CITY F
0
February 21, 2013
Don Sever and Christine Crawley
174 Strawberry Lane
Ashland, OR 97520
RE: Planning Action #2013-00007
Notice of Final Decision
On February 20, 2013, the Staff Advisor for the Ashland Planning Division administratively approved
your request for the following:
PLANNING ACTION: 2013-00007
SUBJECT PROPERTY: 174 Strawberry Lane
APPLICANT: Don Sever and Christine Crawley
DESCRIPTION: A request for a Minor Land Partition to divide the property located at 174
Strawberry into two separate parcels. Proposed parcel 1 will be 10,050 square feet; with the remaining
parcel being approximately 35, 565 square feet. The partition request is on a portion of Strawberry Lane
that is less than 20 feet in width and was improved as part of a City initiated Local Improvement District.
COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-10; j
ASSESSOR'S MAP: 39.1E 08DA TAX LOT: 600
The Staff Advisor's decision becomes final and is effective on the 13r'' day after the Notice of Final
Decision is mailed.
i
i
Prior to the final decision 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 j
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 Community Development
Department 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
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us (
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANKING ACTION: 2013-00007
SUBJECT PROPERTY: 174 Strawberry Lane
APPLICANT: Don Sever and Christine Crawley
DESCRIPTION: A request for a Minor Land Partition to divide the property located at
174 Strawberry into two separate parcels. Proposed parcel 1 will be 10,050 square feet; with the
remaining parcel being approximately 35, 565 square feet. The partition request is on a portion of
Strawberry Lane that is less than 20 feet in width and was improved as part of a City initiated Local
Improvement District.
COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-10;
ASSESSOR'S P: 39 1E 08DA TAX LOT: 600
SUBMITTAL DATE: January 4, 2013
DEEMED COMPLETE DATE: January 25, 2013
STAFF APPROVAL DATE: February 20, 2013
APPEAL DEADLINE DATE: March 4, 2013
FINAL DECISION DATE: March 5, 2013
APPROVAL EXPIRATION DATE: March 5, 2014
DECISION
The subject property is located south of Strawberry Lane, approximately 700 feet west of Granite
Street, and is zoned R-1-t0. The lot is approximately 47,472 square feet, or 1.09 acres, slopes to
the east at approximately 18 percent, and contains Strawberry Creels that runs east-west through
the rear of the lot. The property currently has a single-family home, a detached cottage, detached
shop, and a two-story studio west of the primary home. This particular section of Strawberry
Lane is one-way eastbound, and was improved with curbside sidewalks as part of a City initiated
Local Improvement District (LID) process in 2002. Presently there are two curb cuts located on
the property, including a parking bay along the western Strawberry frontage.
!
The applicant is requesting a minor land partition to split the property into two separate parcels.
Proposed Parcel 1 will become 10,050 square feet, and would contain the existing two-story
studio. Proposed Parcel 2 will be the remainder of the lot at 37,422 square feet, and contain all
the remaining structures. The R-1-10 zoning district has a minimum lot size of 10,000 square
feet, in which both lots would conform to this standard. Both proposed parcels have adequate
capacity within the Strawberry Lane right-of--way to serve the parcels, and are already in place.
i
As part of the LID process, Strawberry lane was paved below city standards due to a number of
unique and difficult challenges; including the extremely strep grades, narrow rights-of-way,
extreme cross slopes, highly errodable soils, the need to match established driveways, and the
need for extensive slope and bank retaining systems. Staff was also concerned about the safety
of vehicles attempting to drive up (west) Strawberry, especially during the winter months, and
the potential hazard of vehicles sliding down the street and into Lithia Park.
PA # 2012-00007
174 Strawberry Ln./NT
Page 1
In Staff's opinion, the future purpose of the lot will not be impeded due to the Stream Protection
zone located behind the homes eliminates the possibility of future lots being created, and does
not impede any adjoining property from developing due to access will be from Strawberry Lane
and not from adjacent properties. Therefore, the proposed Minor Land Partition complies with
the minimum requirements in accordance with 18.16, and hereby approved.
The criteria for a Minor Land Partition are described in AMC Chapter 18.76, as follows:
A. The future use for urban purposes of the remainder of the tract will not be impeded.
B.. The development of the remainder of any adjoining land or access thereto will not be
impeded.
C. The tract of land has not been partitioned for 12 months.
D. The partitioning is not in conflict with any law, ordinance or resolution applicable to the
land
E. The partitioning is in accordance with the design and street standards contained in the
Chapter 18.88, Performance Standards Options. (Ord 2836 S8, 1999)
F. When there exists adequate public facilities, or proof that such facilities can be provided,
as determined by the Public Works Director and specified by City documents, for water,
sanitary sewers, storm sewer, and electricity.
G. When there exists a 20 foot wide access along the entire street f outage of the parcel to
the nearest fully improved collector or arterial street, as designated in the
Comprehensive Plan. Such access shall be improved with an asphaltic concrete pavement
designed for the use of the proposed street. The minimum width of the street shall be 20-.
feet with all work done under permit of the Public Works Department.
1. The Public Works Director may allow an unpaved street for access for a minor land
partition when all of the following conditions exist:
I
a. The unpaved street is at least 20 feet wide to the nearest fully improved collector
or arterial street.
b. The centerline grade on any portion of the unpaved street does not exceed ten
percent.
i
2. Should the partition be on an unpaved street and paving is not required, the applicant
shall agree to participate in the costs and to waive the rights of the owner of the
subject property to remonstrate both with respect to the owners agreeing to
participate in the cost of full street improvements and to not remonstrate to the
formation of a local improvement district to cover such improvements and costs
thereof. Full street improvements shall include paving, curb, gutter, sidewalks and
the under grounding of utilities. This requirement shall be precedent to the signing of
the final survey plat, and if the owner declines to so agree, then the application shall
be denied.
PA # 2012-00007
174 Strawberry Ln./MP
Page 2
H. Where an alley exists adjacent to the partition, access may be required to be provided
from the alley and prohibited from the street. (amended Ord. 2757, 1995)
The application with the attached conditions complies with all applicable City ordinances.
Planning Action 2013-00007 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 2013-00007 is denied. The following are the conditions and they are attached to
the approval:
1) All proposals of the applicant shall be conditions of approval unless otherwise modified here.
2) That a final survey plat shall be submitted within 12 months and approved by the City of
Ashland within 18 months of this approval.
3) All easements for public and private utilities, fire apparatus access, and reciprocal utility,
maintenance, and access shall be indicated on the final survey plat as required by the Ashland
Engineering Division.
4) That a final utility plan for the parcels shall be submitted for review and approval by the
Planning, Engineering, and Building Divisions prior to signature of the final survey plat. The
utility plan shall include the location of connections to all public facilities including the
locations of water lines and meter sizes, fire hydrants, sanitary sewer lines, storm drain lines
and electric services.
5) That the location and final engineering for all storm drainage improvements associated with
the project, shall be submitted for review and approval by the Departments of Public Works,
Planning and Building Divisions prior to signature of the final survey plat.
i
I
i
Bil ~ol r , Director Date
Pepart t of Community Development
i
i
i
i
i
I
I
i
PA # 2012-00007
174 Strawberry Ln./MP
Page 3
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 February 21, 2013 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 PA-2013-00007, 174 Strawberry Lane.
I
Signature of Employee j
i
i
I
i
i
i
I
Document/ 2/2112013
PA-2013-00007 391 E08AD 5302 PA-2013-00007 391 E08DB 102 PA-2013-00007 391 E08AD 5300
162 ALNUTT LLC 521 N MAIN ST LLC BURTON BOB L/LENNA J
1176 HIGHWOOD DR 726 KUMULANI DR 187 STRAWBERRY LN
ASHLAND OR 97520 KIHEI HI 96753 ASHLAND OR 97520
PA-2013-00007 391 E08AD 5402 PA-2013-00007 391 E08DA 500 PA-2013-00007 391 E08 DA 501
CRAWFORD BRETT/DANA ING DUNBAR LAURA S TRUSTEE FBO EDSON STEVEN/LIBBY
1721 NE 37TH AVE 152 STRAWBERRY LANE 144 STRAWBERRY LN
PORTLAND OR 97212 ASHLAND OR 97520 ASHLAND OR 97520
PA-2013-00007 391 E08DA 702. PA-2013-00007 391 E08AD 5303 PA-2013-00007 391 E08DA 601
EISENBERG LEONARD I TRUSTEE KATZEN BARRY M TRUSTEE PICTON MATTHEW C/CLAIRE
223 GRANITE ST 29 SCENIC DR 220 STRAWBERRY LN
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2013-00007 391 E08DA 600 PA-2013-00007 391 E08DA 502 PA-2013-00007 391 E08AD 5301
SEVER DONALD C/CRAWLEY SHERR DAVID ET AL STOTT BENJAMIN W
CHRISTINE R 148 STRAWBERRY LN 155 STRAWBERRY LN
174 STRAWBERRY LN ASHLAND OR 97520 ASHLAND OR 97520
ASHLAND OR 97520
i
PA-2013-00007 391 E08AD 7400 PA-2013-00007 391 E08DA 700
THELANDER BEVERLY L TRUSTEE 174 Strawberry
WYATT JEFFREY D/ROSEANNE G
9811 W CHARLESTON BLVD 234 STRAWBERRY LN 2/21/13 NOD
SUITE 2-390 ASHLAND OR 97520 14
LAS VEGAS NV 89117
i
i
j
I
i
I
Planning DepartmentCY OF
51 WinL-, Way, Ashland, Oregon 97520 UT
541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 -ASHLAND
NOTICE OF APPLICATION
PLANNING ACTION: 2013-00007
SUBJECT PROPERTY: 174 Strawberry Lane
APPLICANT: Don Sever and Christine Crawley
DESCRIPTION: A request for a Minor Land Partition to divide the property located at 174 Strawberry into
two separate parcels. Proposed parcel 1 will be 10,050 square feet; with the remaining parcel being approximately 35,
565 square feet. The partition request is on a portion of Strawberry Lane that is less than 20 feet in width and was
improved as part of a City initiated Local Improvement District. COMPREHENSIVE PLAN DESIGNATION: Single-
Family Residential; ZONING: R-1-10; ASSESSOR'S MAP; 9 lE 08DA TAX LOT: 600
NOTICE OF COMPLETE APPLICATION: January 25, 2013
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: February 8, 2013
,
T'i
t~ p q
. W
- - Y LAND - - W
i
I
I
I L_
i
i i
j SUBJECT PROPERTY:
174 Strawberry Lane
39 1 E 08DA 600 N
A
FMTr-n Property lines are for reference -ty, not sealeable
0 1530 60 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 Winbum
Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above.
i
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 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\planning\Planning Actions\Noticing FolderWailed Notices & Signs\2013\PA-2013-00007.docx
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 January 25, 2013 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 #2013-00007, 174 Strawberry St.
Signature of Employee
G:Icomm-devlplanninglTemplates\TEMPLATE_Affidavit of Mailing-Planning Action Notice.dot 1/24/2013
PA-2013-00007 391 E08AD 5302 PA-2013-00007 391 E08DB 102 PA-2013-00007 391 E08AD 5300
162 ALNUTT LLC 521 N MAIN ST LLC BURTON BOB L/LENNA J
1176 HIGHWOOD DR 726 KUMULANI DR 187 STRAWBERRY LN
ASHLAND OR 97520 KIHEI HI 96753 ASHLAND OR 97520
PA-2013-00007 391 E08AD 5402 PA-2013-00007 391 E08DA 500 PA-2013-00007 391 E08DA 501
CRAWFORD BRETT/DANA ING DUNBAR LAURA S TRUSTEE FBO I EDSON STEVEN/LIBBY
1721 NE 37TH AVE 152 STRAWBERRY LANE 1144 STRAWBERRY LN
PORTLAND OR 97212 ASHLAND OR 97520 ASHLAND OR 97520
I
PA-2013-00007 391 E08DA 702 PA-2013-00007 391 E08AD 5303 PA-2013-00007 391 E08DA 601
EISENBERG LEONARD I TRUSTEE KATZEN BARRY M TRUSTEE PICTON MATTHEW C/CLAIRE
ET AL 2 GRANITE 29 SCENIC DR 220 STRAWBERRY LN
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
AS
PA-2013-00007 391 E08DA 600 PA-2013-00007 391 E08DA 502 PA-2013-00007 391 E08AD 5301
SEVER DONALD C/CRAWLEY SHERR DAVID ET AL STOTT BENJAMIN W
CHRISTINE R 148 STRAWBERRY LN 155 STRAWBERRY LN
174 STRAWBERRY LN ASHLAND OR 97520 ASHLAND OR 97520
ASHLAND OR 97520
PA-2013-00007 391 E08AD 7400 PA-2013-00007 391 E08DA 700
THELANDER BEVERLY L TRUSTEE WYATT JEFFREY D/ROSEANNE G 14
9811 W CHARLESTON BLVD SUITE 234 STRAWBERRY LN 174 Strawberry
2-390 ASHLAND OR 97520 1-25-2013
LAS VEGAS CA 89117
I
I
I
~ I
i
o http h Ipb ]~ck_ ~IIe~jrltb t ],r'pdc~~li u1r:.ctrn ~ , m
C! h,l plan-i, 1 `rnnn ~ lay k^on r ni inh,, Fi
(j
i ScAK~:hi tit.Surrt ~ i
In R--1115 ff"Illd ;,;r EUffol 1 Irt
i
-F Day of 5 E rc~s O;ri~red b~rarus. TaM ~ =c~,~inr
i r1~~1 n;aphod
IGO {
nad 1 xam L~ t75_~ill IflLi f ,
Nina
a0u 97 ffito toI 3lltlt
+aS ~IItq tai fl8f P! f N ~T LL,
r
7ip TL F, 3L
vcl} `ibjs d r-s ~I7 ti-fl-,.a,.6TRR: _I] SHL ND IR,
i'vJ
Code Ts:, l- ran ;H-',
R__ord 1
tiJ?
Pay ToXaS On ina-.
S
Do
a _ = ll it?rnet ; LriO s1~ ~
i
i
ThiirGriav .Ipniipr\/ 94 gnvi 10•57-.519 AM
i
I
i
ICJ
i
V-P.- Al
I
E'2. ^e r~ B' n+w' j 3' tt R"~ ~ uH PT §LT ~ ~~yy
ot,
ply 'e",
®~tg y
Lo I L-41,
ti I
-EDP- 1,/i V DO-
, , w IN GPI D g~ I ?v u) - 1 4 t ?I' f(I't a
I
A WY Al
too cc, A rS7 1j) G 1"4 Q _
v
Y
(CXkP('>'-- (ATI)
s~, .
~;a»~~ r s: Pura C) e
U ,.(Y` r ((fir` t R
-
11+i~- '5"c r j nA 113 c) tic-, n: OF
x
R54114 A( U tj ('11, G V Wvf- 6,E1Isd~ mod` p
a ,,I•a:bI Its -
I
LAf
TOE` G 60
i
` `E T
i
6 A j
~ e
571 iy~vp OIV 4,
I
I
I
Sol r_ w !
. _ .
! caV YO AS --R
fl1.y:-:-- COT` Aw
J. L J35 COQ 11, I W, &x~ , F
i
WAY70,11 to V) v,&,AJ pet
LL
I
3 ~
t
d
G
c
r
a _ J
A<t 41;-
j
L~,
PnningDivision ZONING PERMIT APPLICATION
la
51 Winburn Way, Ashland OR 97520 ,
CITY OF 541-488-5305 Fax 541-488-6006 FILE
ASHLAND
DESCRIPTION OF PROJECTi -11D c C
DESCRIPTION OF PROPERTY Pursuing LEED® Certification? ® YES ® NO
Street Address ( '74- + 0 LEA L_
Assessor's Map,No. 391 E h Tax Lot(s)
_ I
Zoning Comp Plan Designation
I
APPLICANT
'c l*~ "f t Cw t l Ak `
Name Phone 21 -2 `2 E-Mail
Address yf city.-. zip.
PROPERTY OWNER
Name a`y l1 - Phone ( E-Mail _
Address ( -1 (:0 2 = 7 City f a zip ci 7 -2
I
SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER
Title Name Phone E-Mail
Address City Zip
i
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, 1 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 wills ult 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 remove Vtmy ex ens If I have an doubts, I am advised to seek competent professional advice and assistance,
Applicant ignature D to
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
ow er ,r
ulv
operty ® er'a Signature (required) Date
j
[To be completed by City Staff[
Date Received Zoning Permit Type Filing Fee $
OVER 0
GAcomm-dev\plmmin9)Forms&Handouts\ZoniogPennitApp6catiomdoc ,
Job Address: 174 STRAWBERRY LN Contractor:
ASHLAND OR 97520 Address:
C
A Owner's Name: SEVER DONALD C &CRAWLEY CHR ® Phone:
P Customer 03695 N State Lic No:
L SEVER DONALD C &CRAWLEY CHR T ~ City Lic No: I
Applicant: 174 STRAWBERRY LN R
Address: ASHLAND OR 97520 A
C C Sub-Contractor:
A Phone: Address:
T
N Applied: 01/04/2013
T Issued:
Expires: 07/03/2013 Phone:
State Lic No:
Maplot: 391 E08DA600 City Lic No:
DESCRIPTION: Minor Land Partition - 2 lots
VALUATION
I
Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description j
Total for Valuation:
MECHANICAL
ELECTRICAL
STRUCTURAL
PERMIT FEE DETAIL
Fee Description Amount Fee Description Amount
Land Partition (type 1) 1,112.00
CONDITIONS OF APPROVAL
I
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
I
Inspection Request Line: 541-552-2080 CITY F
-AS ilERLAND