HomeMy WebLinkAboutWinburn_140_PA-2013-00472
CITY OF
ASHLAND
May 22, 2013
Notice of Final Decision
On May 21, 2013, the Community Development Director approved the request for the following:
Planning Action: 2013-00472
Subject Property: 140 Winburn Way
Enders Memorial Shelter in Lithia Park
Applicant: City of Ashland, Parks Department
Description: A request for a Variance to the Development Standards for Wildfire Lands
(AMC 18.62.090.B.5) which requires that all structures on Wildfire Lands be constructed or re-roofed
with Class "B" or better non-wood roof coverings. The request involves the re-roofing of the Enders
Memorial Shelter in Lithia Park, part of the National Register of Iistoric Places, using wooden shake
roofing material to comply with the Secretary of the Interior's Standards for Treatment of Historic
Properties. The wooden shakes to be used will be treated with a fire retardant which will address the
intent of the standards while preserving the historic character of this small, open-sided, non-habitable
historic structure. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-
1-7.5; ASSESSOR'S MAP: 39 lE 09 TAX LOT: 100
The Community Development Director's decision becomes final and is effective on the 13ffi day after the
Notice of Final Decision is mailed. Approval is valid for a period of one year and all conditions of
approval identified on the attached Findings are required to be met prior to project completion.
The application, all associated documents and evidence submitted, and the applicable criteria are
available for review 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.
Prior to the final decision date, anyone who was mailed this Notice of Final Decision may request a
reconsideration of the action 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 ALUO
18.108.070(B)(2)(c). The ALUO sections covering reconsideration and appeal procedures are attached.
The appeal may not be made,directly to the Oregon Land Use Board of Appeals.
If you have any questions regarding this decision, please contact Derek Severson in the Community
Development Department at (541).488-5305.
cc: Parties of record and property owners within 200 ft
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305
51 Winbum Way Fax: 541-552-2050 l
Ashland, Oregon 97520 TTY: 800-735-2900
l i c
www.ashland.or.us
SECTION 18.108.070(B)2 Effective Date of Decision and Appeals.
B. Actions subject to appeal:
2. Type I Planning Actions.
a. Effective Date of Decision. The final decision of the City for planning actions 'resulting from the
Type I Planning Procedure shall be the Staff Advisor decision, effective on the 13t` day after
notice of the decision is mailed unless reconsideration of the action is approved by the Staff
Advisor or appealed to the Commission as provided in section 18.108.070(B)(2)(c).
b. Reconsideration. The Staff Advisor may reconsider Type I planning actions as set forth below.
i. Any party entitled to notice of the planning action, or any City Agency may request
reconsideration of the action after the decision has been made by providing evidence to the
Staff Advisor that a factual error occurred through no fault of the party asking for
reconsideration, which in the opinion of the staff advisor, might affect the decision.
Reconsideration requests are limited to factual errors and not the failure of an issue to be
raised by letter or evidence during the opportunity to provide public input on the application
sufficient to afford the Staff Advisor an opportunity to respond to the issue prior to making a
decision.
ii. Reconsideration requests shall be received within five (5) days of mailing. The Staff Advisor
shall decide within three (3) days whether to reconsider the matter.
iii. If the Planning Staff Advisor is satisfied that an error occurred crucial to the decision, the
Staff Advisor shall withdraw the decision for purposes of reconsideration. The Staff Advisor
shall decide within ten (10) days to affirm, modify, or reverse the original decision. The Staff
Advisor shall send notice of the reconsideration decision to affirm, modify, or reverse to any
party entitled to notice of the planning action.
iv. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff
Advisor shall deny the reconsideration request. Notice of denial shall be sent to those parties
that requested reconsideration.
c. Appeal.
i. Within twelve (12) days of the date of the mailing of the Staff Advisor's final decision,
including any approved reconsideration request, the decision may be appealed to the Planning
Commission by any party entitled to receive notice of the planning action. The appeal shall be
submitted to the Planning Commission Secretary on a form approved by the City
Administrator, be accompanied by a fee established pursuant to City Council action, and be
received by the city no later than 4:30 p.m. on the 12th day after the notice of decision is
mailed.
ii. If an appellant prevails at the hearing or upon subsequent appeal, the fee for the initial hearing
shall be refunded. The fee required in this section shall not apply to appeals made by
neighborhood or community organizations recognized by the city and whose boundaries
include the site.
iii. The appeal shall be considered at the next regular Planning Commission or Hearings Board
meeting. The appeal shall be a de novo hearing and shall be considered the initial evidentiary
hearing required under ALUO 18.108.050 and ORS 197.763 as the basis for an appeal to the
Land Use Board of Appeals. The Planning Commission or Hearings Board decision on appeal
shall be effective 13 days after the findings adopted by the Commission or Board are signed
by the Chair of the Commission or Board and mailed to the parties.
iv. The appeal requirements of this section must be fully met or the appeal will be considered by
the city as a jurisdictional defect and will not be heard or considered.
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305
51 Winbum Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: 2013-00472
SUBJECT PROPERTY: 140 Winburn Way
Enders Memorial Shelter in Lithia Park
APPLICANT: City of Ashland, Parks Department
DESCRIPTION: A request for a Variance to the Development Standards for Wildfire Lands
(AMC 18.62.090.B.5) which requires that all structures on Wildfire Lands be constructed or re-roofed
with Class `B or better non-wood roof coverings. The request involves the re-roofing of the Enders
Memorial Shelter in Lithia Park, part of the National Register of Historic Places, using wooden shake
roofing material to comply with the Secretary of the Interior's Standards for Treatment of Historic
Properties. The wooden shakes to be used will be treated with a fire retardant which will address the
intent of the standards while preserving the historic character of this small, open-sided, non-habitable
historic structure.
COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-7.5;
ASSESSOR'S MAP: 39 1E 09 TAX LOT: 100
SUBMITTAL DATE: April 17, 2013
DEEMED COMPLETE DATE: April 25, 2013
STAFF APPROVAL DATE: May 21, 2013
DEADLINE TO APPEAL (4:30 p.m.): June 3, 2013
FINAL DECISION DATE: June 4, 2013
APPROVAL EXPIRATION DATE: June 4, 2014
DECISION
The subject property, the Enders Memorial Shelter, is located at 140 Winburn Way, between Winburn
Way and Ashland Creek, just north of the Band Shell in Lithia Park. The shelter itself is a small, open-
sided, non-habitable gazebo building with a wooden shake roof which shelters a stone drinking fountain,
a piped source of "Lithia water," and a memorial plaque honoring the Enders family.
While there are a few land use applications affecting the park property, there are no other planning
actions of record for the Enders Memorial Shelter.
The larger Lithia Park property is zoned Single Family Residential- (R-1-7.5) and is located upon
designated Wildfire Lands. The Enders Memorial Shelter is located on the west bank of Ashland Creek,
within both the Water Resources Protection Zone and the Ashland Creek flood plain corridor. Lithia
Park and its Enders Memorial Shelter are listed on the National Register of Historic Places and are
considered to be a significant part of the built heritage of the City of Ashland.
The shelter's roof is leaking and will cause damage to the roof frame and rafter tails if not repaired. In
considering the best approach to re-roofing the structure, the Parks Department has consulted with the
Oregon State Historic Preservation Office (SHPO) and the Ashland Historic Commission given the
historic status of the building and of Lithia Park. While the city's own Development Standards for
Wildfire Lands found in Chapter 18.62.090.B.5 of the Ashland Municipal Code call for all structures on
Wildfire Lands to be constructed or re-roofed with Class "B" or better non-wood roof coverings, the
Secretary of the Interior's Standards for the Treatment of Historic Properties call for in kind replacement
PA #2013-00472
140 Winbum Way/dds
Page 1
of the roofing material with shakes similar to those originally used on the building. These federal
standards provide a guideline for the treatment of National Register properties, and SHPO has
recommended that the Parks Department seek waiver of this requirement pursuant to Section 3403.5 of
the Uniform Building Code/Oregon Structural Specialty Code, noting that National Register-listed
properties, and other certified historic buildings, are eligible to be considered for waivers of certain
normal code requirements in the interest of preserving the integrity of the property. SHPO emphasized
that in their view, replacement of the existing shake roof with a similar wood shake material on the
open-sided structure would "pose no significantly elevated risk to life safety that would be avoided by
replacement with a historically inappropriate material." In a letter dated March 22, 2013 SHPO
accordingly requested that a waiver be granted in order to preserve its historic character for generations
to come.
In discussing the possibility of such a waiver with the Planning, Building and Fire Departments, it was
recognized that if the Building Code requirements were waived and an alternative treatment of the wood
shingles acceptable to the Building Official, Fire Marshal and State Historic Preservation Office were
selected, a Variance would still be necessary because of the Development Standards for Wildfire Lands'
requirement that only non-wood roof coverings be used. The Parks Department has accordingly
requested a Variance to this standard in order to utilize wood shakes to re-roof the structure provided
that they are treated with an acceptable fire retardant which satisfactorily addresses the intent of the
development standards and applicable building and fire codes while preserving the historic character of
the National Register-listed structure.
Parks Department staff have worked with the Building and Fire Departments and have researched
possible fire retardant treatments, recognizing that it is equally important to address concerns of
potential fire hazards while also ensuring that whatever treatment option is selected does not pose an
environmental hazard to Ashland Creek. The treatment proposed is "FS-II Fire Retardant" from the
National Fireproofing Company, Inc. FS-II is an "interior/exterior penetrant formulation that prevents
the spread of flame by developing a self-extinguishing reaction. This product is unique because it
contains polymers that create a weather tight bond to the molecular structure of wood, there, FS-II is an
exterior coating as well as an interior coating. The product is white, but dries clear and does not
change the color of woods. When applied to exterior wood, it has a minimum life expectancy of 5-10
years and should then be reapplied... FS-II is an `all-in-one" Class `A' fire retardant, wood preserver,
[and is] mold and termite resistant."
The approval of a Variance requires that a number of criteria be addressed. In response to the first
approval criterion, "That there are unique or unusual circumstances which apply to this site which do
not typically apply eisewhere," the applicants note that the subject property is located within the
National Register of Historic Places-listed Lithia Park, and that the gazebo structure itself is one of the
resources associated with the listing. The Secretary of the Interior's Standards for the Treatment of
Historic Properties call for in-kind replacement of the roofing material, and the State Historic
Preservation Office has requested that the Parks Department seek a waiver of the Planning, Building and
Fire code requirements in order to provide a compatible roofing material, noting that a concrete look-
alike material would not be in keeping with federal standards. In addition, the applicants explain that
the gazebo is located within both the floodplain and the water resources protection zone of Ashland
Creek, and as such options for modifying the structure beyond maintenance and repair are limited and
would likely prevent the significant structural enhancements necessary to handle a heavier alternative
roofing material, such as a concrete shake-look-alike, which would also negatively impact the historic
character of the structure.
PA #2013-00472
140 Winbum Way/dds
Page 2
The second approval criterion for a Variance is, "That the proposal's benefits will be greater than any
negative impacts on the development of the adjacent uses; and
will further the note that use of the woodenoshalce
ordinance and the Comprehensive Plan of the City. The applicants
roof proposed would preserve the historic character of the National al Register-listed y ostructure ch f Ashlandbyhas
been noted as a "significant part of the built heritage of (Lith
Oregon State Historic Preservation Office. Treatment of
zone, particularly given appropriate that thetstructureo sla
serve to mitigate concerns over their use in the wildfi , small, isolated, open-sided non-residential structure adjacent to a riparian stream corridor.
The final criterion for the approval of a Variance is, "That the circumstances or conditions have not struc been willfully or purposely self-imposed. The application
Park, anda was h ncostruct dwith atwood
part of the National Register of Historic Places-listed Lithia
shake roof long before current land use, building and fire ~hara geratwhile also applicants kthe
rehabilitate the structure in place and preserve its historic
limitations on modification of the structure posed by its location in Ashland Creek's riparian water
resources protection zone and floodplain corridor.
have
In considering the request with the Fire and Building Departments, othe key concerns meeting fueldbreak
been selecting an effective treatment, insuring that it is properly ma cree requirements and at the same time seeking to avoid a these negative
have been included below,tand with
from the retardant's application. Conditions addressing
these conditions in place, staff believes a fair balance between fire safety, historic preservation and
environmental protection can be achieved.
The Development Standards for Wildfire Lands in AMC 18.62.090.B. require that: hall have
1. All new construction and any construction expanding the size of an existing structure, s
a "fuel break" as defined below.
2. A "fuel break" is defined as an area which is free of dead or dying vegetation, and has n atiivee,
fast-burning species sufficiently thinned so that there is no interlocking ca fuel
break may be
vegetation. Where necessary for erosion control or aesthetic purposes, the planted in slow-burning species. Establishment of a fuel break does not involve stripping
the
ground of all native vegetation. Fuel Breaks may include structures, and shall not limit distance
between structures and residences beyond that required by other sections of this title.
3. Primary Fuel Break - A primary fuel break will be installed, maintained and shall extend a
minimum of 30 feet, or to the property line, whichever is less, in all directions around structures,
excluding fences, on the property. The goal within this area is to remove ground cover that will
produce flame lengths in excess of one foot. Such a fuel break shall be increased by ten feet for
each 10% increase in slope over 10/. Adjacent property owners are encouraged to cooperate
on the development of primary fuel breaks.
4. Secondary Fuel Break - A secondary aue fuel break where surrounding landscape 1s ownednand
minimum of 100 feet beyond the primary
under the control of the property owner during construction. The goal of the secondary fuel
break is to reduce fuels so that the overall intensity of any wildfire is reduced through fuels
control.
5. All structures shall be constructed or re-roofed with Class B or better non-wood roof coverings,
as determined by the Oregon Structural Specialty Cd . All re-roofing exist eing sng shall be
the Wildfire Lands area for which at least 50% of the g area
done under approval of a zoning permit. No structure shall be constructed or re-roofed with
wooden shingles, shakes, wood-product material or other combustible roofing material, as
defined in the City's building code.
PA #2013-00472
140 Winburn Way/dds
Page 3
The criteria for approval of a Variance are described in AMC Chapter 18.100.020 as follows:
A. That there are unique or unusual circumstances which apply to this site which do not typically
apply elsewhere.
B. That the proposal's benefits will be greater than any negative impacts on the development of the
adjacent uses; and will further the purpose and intent of this ordinance and the Comprehensive
Plan of the City.
C. That the circumstances or conditions have not been willfully or purposely self-imposed.
The application with the attached conditions complies with all applicable City ordinances. Planning
Action #2013-00472 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-
00472 is denied. The following are the conditions and they are attached to the approval:
I
1) That all proposals of the applicant shall be conditions of approval unless otherwise modified
herein, including that wooden shakes to be used in re-roofing the Enders Memorial Shelter shall
.be treated with FS-II or another fire retardant which must be approved by the Planning, Building
and Fire Departments prior to application.
2) That prior to the issuance of permits or commencement of combustible construction including
replacement of the shake roof:
a) That the requirements of the Fire Department shall be satisfactorily addressed.
b) That the requirements of the Building Department shall be satisfactorily addressed.
c) Specifications of the fire retardant treatment and its application are required to be provided
for the review and approval of the Planning, Building and Fire Departments prior to
installation, including both the final material selected and the method of application. The
retardant shall be applied to the roofing materials off-site or with an approved method of
application/re-application on-site to avoid negative environmental impacts to Ashland Creek..
All containers used for treatment are required to be kept until inspections are finished to
allow inspectors to verify that the appropriate type and amount of retardant was applied.
d) That the applicants shall address the applicable fuel break requirements from the
Development Standards for Wildfire Lands in AMC 18.62.090.B as well as the applicable
fuel break requirements of the Oregon Department of Forestry
3) That the fire retardant treatment shall be reapplied at least as often as recommended by the
manufacturer or more frequently if deemed necessary by the Building of Fire Departments.
May 21, 2013
ill Moln , Director Date
De ment of Community Development
PA #2013-00472
140 Winbum Way/dds
Page 4
AFFIDAVIT OF MAILING
STATE OF OREGON j
County of Jackson )
The undersigned being first duly sworn states that:
1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On May 22, 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 #2013-00472, 140 Winburn Way, NOD.
Signatulr of Employee
Gkomm-devlplanningTorms & HandouWAffidavit of Mailing-Planning Action Notice.doc
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PA-2013-00472 391E08AD 7700 PA-2013-00472 391E09 100 PA-2013-00472 391E09BC 4200
ALAMEDA GEORGE K/SUSAN J Allan T. Goffe, P.E., S.E. ALLEN RICHARD ROLLIN TRUSTEE
111 MONTVIEW ST P.O. BOX 231 126 S PIONEER ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2013-00472 391E08AD 6700 PA-2013-00472 391E08AD 6400 PA-2013-00472 391E08DA 400
BROWN SUSAN E BUSBY EDWARD G/ROCHELLE D CHISHOLM ALEX/SALLIE
139 GRANITE ST 64 NUTLEY ST 2207 HARRIS ST
ASHLAND, OR 97520 ASHLAND, OR 97520 EUGENE, OR 97405
PA-2013-00472 391E09 100 PA-2013-00472 391E09 100 PA-2013-00472 391E09BC 4400
City of Ashland, Fire Department Attn. City of Ashland, Parks Dept. Attn. Bruce DEE THOMAS M/SCHAEFER
Margueritte Hickman Dickens ELIZABETH M
20 E. MAIN ST. 340 S PIONEER ST PO BOX 3570
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2013-00472 391E08AD 1600 PA-2013-00472 391E09BC 3800 PA-2013-00472 391E09BC 7802
DORRIS ADRIAN TRUSTEE ET AL EVERETT CLAUDIA FRANTZ KENNETH M
61 NUTLEY ST 140 S PIONEER 136 W FORK ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2013-00472 391E08AD 6600 PA-2013-00472 391E09BC 7900 PA-2013-00472 391E09CB 200
GORDON ERICA G TRUSTEE ET AL HILL MARK P/SUSAN M HOWARD JUDITH L
635 AMADOR ST 201 GLENVIEW DR 90 RIDGE RD
RICHMOND, CA 94805 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2013-00472 391E08AD 1700 PA-2013-00472 391E09BC 4000 PA-2013-00472 391E09BC 3601
HULL JACQUELINE A/JERRY E JACICMAN JARRELL C/MICHELE JENSEN ASHLEY L TRUSTEE ET AL
710 NW 2ND ST 5060-B CALLE REAL 153 FORK ST
GRANTS PASS, OR 97526 SANTA BARBARA, CA 93111 ASHLAND, OR 97520
PA-2013-00472 391E09 100
PA-2013-00472 391E08DA 300 PA-2013-00472 391E08AD 7800 Kistler+Small+White Architects, Attn.
KAEGI RICHARD JOHN/ANNA KERN WILLIAM E Jerome White
8038 JAMES ISLAND TRL 163 GRANITE ST 552 A ST STE #1
JACKSONVILLE, FL 32256 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2013-00472 391E09100
Kistler+Small+White Architects, Attn. PA-2013-00472 391E09BC 7805 PA-2013-00472 391E08AD 6900
Jerome White LARSON WENDY D/MATTHEW W S LONSETH ARVID T
545 A ST 1 TAPPAN CT 1916 NE CLACKAMAS ST
ASHLAND, OR 97520 ORINDA, CA 94563 PORTLAND, OR 97232-1515
PA-2013-00472 391E09BC 4100 PA-2013-00472 391E09BC 3401 PA-2013-00472 391E08AD 6800
LYON JAMES W/NANCY L MASTAIN RICHARD K TRUSTEE ET MATSINGER MARJORIE TRUSTEE ET
128 S PIONEER ST 227 GRANITE ST 2920 25TH ST
ASHLAND, OR 97520 ASHLAND, OR 97520 SACRAMENTO, CA 95818-5081
PA-2013-00472 391E08AD 6500 PA-2013-00472 391E08DA 100 PA-2013-00472 391E09BC 3400
MC LEAN JOHN R TRUSTEE FBO MC LEARY DANIEL E/KATHLEEN MILLER GORDON E TRUSTEE
890 SHEILA CT 185 GRANITE ST 1855 SE OCEAN BLVD 207
CAMPBELL, CA 95008 ASHLAND, OR 97520, COOS BAY, OR 97420
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189 GRANITE ST 143 RIDGE RD 323 RAVENWOOD PL
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
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PATTON WILLIAM W/SHIRLEY D REID RODNEY J TRUSTEE ET AL RIGOTTI GARY R TRUSTEE ET AL
110 TERRACE ST 171 GRANITE ST 12 PEBBLE CREED DR
ASHLAND, OR 97520 ASHLAND, OR 97520 EAGLE POINT, OR 97524
PA-2013-00472 391E09BC 4500 PA-2013-00472 391E09BC 4300 PA-2013-00472 391E09CB 300
ROOT BENJAMIN M ROSS CAROL M TRUSTEE ET AL SCHNEIDER RICHARD A/SUSAN
108 S PIONEER ST 115 FORK ST 20530 NE BRIDLEWOOD RD
ASHLAND, OR 97520 ASHLAND, OR 97520 BATTLEGROUND, WA 98604
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SPILLMAN JOHN W/KARIN E SPILLMAN LYNN W TRUSTEE ET AL STEBBINS ROBERTA W TRUSTEE ET
102 GRANITE ST 98 GRANITE ST AL
ASHLAND, OR 97520 ASHLAND, OR 97520 111 GRANITE ST
ASHLAND. OR 97520
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WOOD CHRIS L AL/ALLENORTH PROPERTIES ZUNDEL MICHELLE
121 STRAWBERRY LN PO BOX 1228 107 GRANITE ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
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DATE: May 20, 2013
TO: Derek Severson, Planner
FROM: Margueritte Hickman, Division Chief / Fire Marshal
RE: Enders Memorial Conditions
This memo is in response to the variance requested by Ashland Parks Department for the roofing
material at Enders Memorial, which is located in the Wildfire Hazard Zone. The land use code
requires that all roof replacements be made with con-combustible, non-wood materials. The
variance requested by Ashland Parks Department is to use wood shingles, and provide a spray on
treatment.
In an effort to assist the city meet the desires of historical preservation, Ashland Fire & Rescue is
in agreement to provide an option to use wood shakes providing the following conditions are
met. This variance agreement is not intended to be construed as a precedent that will be allowed
on other buildings as Enders Memorial has unique and special circumstances that prevent the use
of other materials without significant difficulties. It is recognized that the prohibition of wood
shakes does not only protect the structure on which they are attached, but protects the
surrounding areas from flying embers from the shakes.
The following conditions are required to be met for the life of the structure:
I . Natural wood shakes shall be treated with a material, approved by Ashland Fire & Rescue
Fire & Life Safety Division. At the time of approval, the treatment specified in the plans
and approved is National Fireproofing Company, Inc. FS-II. Changes in product are
required to be approved.
2. Specifications for the application are required to be provided and all containers used for
the treatment are required to be kept until the inspection is finished. This allows the
inspector to verify that the appropriate amount of treatment is applied.
3. Treatment shall be reapplied at least as often as recommended by the manufacturer or
more frequently if deemed necessary by Ashland Fire & Rescue.
4. Oregon Department of Forestry Senate bill 360 requirements are included for your
convenience and apply. This area is classified as extreme. Questions regarding these
requirements should be referred to the Oregon Department of Forestry, Brian Ballou at
541.664.3328.
ASHLAND FIRE & RESCUE
455 Siskiyou Boulevard
Ashland, OR 97520
(541) 482-2770 ® Fax (541) 488-5318
TTY: 800-735-2900
m, Y O_
~A j
Oregon Department of Forest
SB 360 Fuel Reduction Forestry Requirements
http://www.oregon.~-yov/ODF/Pages/field/swo/SWO SB360 GEN INFO.aspx
Here are some of the basic points about the fuel reduction requirements of the Oregon
Forestland-Urban Interface Fire Protection Act:
® A 50-foot fuel break is required around a structure on a property located in a forestland-
urban interface area classified "extreme." If the structure has a cedar shake roof, the fuel
break must be 100 feet.
® A 30-foot fuel break is required around a structure on a property located in a forestland-
urban interface area classified "high." If the structure has a cedar shake roof, the fuel
break must be 70 feet.
® A "structure" is defined_as<a permanently sited building that is at least 500 square feet.
® Along the driveway to the residence, it is necessary to remove obstructions that will keep
an emergency services vehicte out. This means that overhanging brush and limbs must be
cleared to a width of 12 feet and to a height of 13 1/2 feet above the driveway surface.
Additionally, grass and brush must be treated 10 feet on each side of the driveway's
centerline (this usually results in `4 feet of fuel break treatment along the driveway's
edges). A driveway must be at least 150 feet in length for treatment to be required.
® All vegetation must be cleared 10 feet from a chimney.
® All dead vegetation above the roof must be removed.
® No flammable materials, like firewood and lumber, may be stored beneath a deck during
the months of fire season.
® Firewood and lumber piles must be moved at least 20 feet from structures during the
months of fire season, or be in a'fully enclosed building.
I
Fuel reduction treatment does not need to extend beyond property lines. and in most cases
mature, healthy trees need not be removed. Most of the fuel reduction treatment under SB 360
focuses on reducing thickets of brush, such as blackberry and Tvlanzanita; removing dead
vegetation;. and moving firewood and lumber piles away from homes during the months of fire
season.
Fuel reduction treatment is not required on unimproved lots.
Fuel reduction treatment around homes has proved effective in protecting homes against wildfire
damage or destruction. Wildfires in 2009 threatened homes in south Ashland, east Medford, and
the community of O'Brien in southern Josephine County, and because of fuel-reduction j
treatment around homes firefighters were able to keep losses to a minimum.
ASHLAND FIRE & RESCUE
455 Siskiyou Boulevard
Ashland, OR 97520
(541) 482-2770 ® Fax (541) 488-5318
TTY: 800-735-2900
i
PRINTED ON RECYCLED PAPER
CITY CF
Planning Department, 51 Winb Nay, Ashland, Oregon 97520
541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 y
NOTICE OF APPLICATION
PLANNING ACTION: 2013-00472
SUBJECT PROPERTY: 140 Winburn Way
Enders Memorial Shelter in Lithia Park
OWNER/APPLICANT: City of Ashland, Parks Department
DESCRIPTION: A request for a Variance to the Development Standards for Wildfire Lands (AMC
18.62.090.B.5) which requires that all structures on Wildfire Lands be constructed or re-roofed with Class "B"
or better non-wood roof coverings. The request involves the re-roofing of the Enders Memorial Shelter in
Lithia Park, part of the National Register of Historic Places, using wooden shake roofing material to comply
with the Secretary of the Interior's Standards for Treatment of Historic Properties. The wooden shakes to be
used will be treated with a fire retardant which will address the intent of the standards while preserving the
historic character of this small, open-sided, non-habitable historic structure. COMPREHENSIVE PLAN
DESIGNATION: Single-Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 39 lE 09 TAX LOT:
100
NOTICE OF COMPLETE APPLICATION: April 25, 2013
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: May 9, 2013
i y
PA-20'13-00472
940 VVINBURN WAY
ENDERS MEMORIAL SHELTER
SUBJECT PROPERTY
U
LITIJ IA PA K Q-
BAOOSFI LL
O '12.6 25 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 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 Planninq Division at 541-488-5305.
comet- ev p annmg annmg c ions o wmg o er an e o ices igns - - ocx
VARIANCE
18.100.020 Application
The owner or his agent may make application with the Staff Advisor. Such application shall be accompanied by a legal description of the
property and plans and elevations necessary to show the proposed development. Also to be included with such application shall be a statement
and evidence showing that all of the following circumstances exist:
A. That there are unique or unusual circumstances which apply to this site which do not typically apply elsewhere.
B. That the proposal's benefits will be greater than any negative impacts on the development of the adjacent uses; and will further the purpose
and intent of this ordinance and the Comprehensive Plan of the City.
(ORD 2425, 1987).
C. That the circumstances or conditions have not been willfully or purposely self-imposed.
(ORD 2775, 1996)
I~
~I
G:\comnt-dev\planning\Planning Actions\Noticing Folder\Malled Notices & Signs\2013\PA-2013-00472.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 April 28, 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 ##2013-00472, 140 Winburn Way.
Signature of Employee
Gtomm-devlplanningTorms & Handouts\Affidavit of Mailing-Planning Action Notice.doc
PA-2013-00472 391E08AD 7700 PA-2013-00472 391E09 100 PA-2013-00472 391E09BC 4200
ALAMEDA GEORGE K/SUSAN J Allan T. Goffe, P.E., S.E. 'ALLEN RICHARD ROLLIN TRUSTEE
111 MONTVIEW ST P.O. BOX 231 126 S PIONEER ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2013-00472 391E08AD 6700 PA-2013-00472 391E08AD 6400 PA-2013-00472 391E08DA 400
BROWN SUSAN E BUSBY EDWARD G/ROCHELLE D CHISHOLM ALEX/SALLIE
139 GRANITE ST 64 NUTLEY ST 2207 HARRIS ST
ASHLAND, OR 97520 ASHLAND, OR 97520 EUGENE, OR 97405
PA-2013-00472 391E09100 PA-2013-00472 391E09 100 PA-2013-00472 391E09BC 4400
City of Ashland, Fire Department Attn. City of Ashland, Parks Dept. Attn. Bruce DEE THOMAS M/SCHAEFER
Margueritte Hickman Dickens ELIZABETH M
20 E. MAIN ST. 340 S PIONEER ST PO BOX 3570
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2013-00472 391E08AD 1600 PA-2013-00472 391E09BC 3800 PA-2013-00472 391E09BC 7802.
DORRIS ADRIAN TRUSTEE ET AL EVERETT CLAUDIA FRANTZ KENNETH M
61 NUTLEY ST 140 S PIONEER 136 W FORK ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2013-00472 391E08AD 6600 PA-2013-00472 391E09BC 7900 PA-2013-00472 391E09CB 200
GORDON ERICA G TRUSTEE ET AL HILL MARK P/SUSAN M HOWARD JUDITH L
635 AMADOR ST 201 GLENVIEW DR 90 RIDGE RD
RICHMOND, CA 94805 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2013-00472 391E08AD 1700 PA-2013-00472 391E09BC 4000 PA-2013-00472 391E09BC 3601
HULL JACQUELINE A/JERRY E JACKMAN JARRELL C/MICHELE JENSEN ASHLEY L TRUSTEE ET AL
710 NW 2ND ST 5060-B CALLE REAL 153 FORK ST
GRANTS PASS, OR 97526 SANTA BARBARA, CA 93111 ASHLAND, OR 97520
PA-2013-00472 391E09 100
PA-2013-00472 391E08DA 300 PA-2013-00472 391E08AD 7800 Kistler+Small+White Architects, Attn.
KAEGI RICHARD JOHN/ANNA KERN WILLIAM E Jerome White
8038 JAMES ISLAND TRL 163 GRANITE ST 552 AST STE #1
JACKSONVILLE, FL 32256 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2013-00472 391E09100
Kistler+Small+White Architects, Attn. PA-2013-00472 391E09BC 7805 PA-2013-00472 391E08AD 6900
Jerome White LARSON WENDY D/MATTHEW W S LONSETH ARVID T
545 A ST 1 TAPPAN CT 1916 NE CLACKAMAS ST
ASHLAND, OR 97520 ORINDA, CA 94563 PORTLAND, OR 97232-1515
PA-2013-00472 391E09BC 4100 PA-2013-00472 391E09BC 3401 PA-2013-00472 391E08AD 6800
LYON JAMES W/NANCY L MASTAIN RICHARD K TRUSTEE ET MATSINGER MARJORIE TRUSTEE ET .
128 S PIONEER ST '227 GRANITE ST 2920 25TH ST
ASHLAND, OR 97520 ASHLAND, OR 97520 SACRAMENTO, CA 95818-5081
PA-2013-00472 391E08AD 6500 PA-2013-00472 391E08DA 100 PA-2013-00472 391E09BC 3400
MC LEAN JOHN R TRUSTEE FBO MC LEARY DANIEL E/KATHLEEN MILLER GORDON E TRUSTEE
890 SHEILA CT 185 GRANITE ST 1855 SE OCEAN BLVD 207
CAMPBELL, CA 95008 ASHLAND, OR 97520 COOS BAY, OR 97420
PA-2013-00472 391E08DA 200 PA-2013-00472 391E09CB 302 PA-2013-00472 391E09BC 3600
MOREY ROBERT S/LAURIE J ORF DAVID M/REBECCA G OTTIS MARK
189 GRANITE ST 143 RIDGE RD 323 RAVENWOOD PL
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2013-00472 391E09BC 8000 PA-2013-00472 391E08AD 7901 PA-2013-00472 391E08AD 1500
PATTON WILLIAM W/SHIRLEY D REID RODNEY J TRUSTEE ET AL RIGOTTI GARY R TRUSTEE ET AL
110 TERRACE ST 171 GRANITE ST 12 PEBBLE CREEK DR
ASHLAND, OR 97520 ASHLAND, OR 97520 EAGLE POINT, OR 97524
PA-2013-00472 391E09BC 4500 PA-2013-00472 391E09BC 4300 PA-2013-00472 391E09CB 300
ROOT BENJAMIN M ROSS CAROL M TRUSTEE ET AL SCHNEIDER RICHARD A/SUSAN
108 S PIONEER ST 115 FORK ST 20530 NE BRIDLEWOOD RD
ASHLAND, OR 97520 ASHLAND, OR 97,520 BATTLE GROUND, WA 98604
PA-2013-00472 391E09BC 3301 PA-2013-00472 391E09BC 3300 PA-2013-00472 391E08AD 1400
SPILLMAN JOHN W/KARIN E SPILLMAN LYNN W TRUSTEE ET AL STEBBINS ROBERTA W TRUSTEE ET
102. GRANITE ST 98 GRANITE ST AL
ASHLAND, OR 97520 'ASHLAND, OR 97520 111 GRANITE ST
ASHLAND- OR 97520
PA-2013-00472 391E08AD 7500
PA-2013-00472 391E08AD 7600 WRIGHT CARL M TRUSTEE ET PA-2013-00472 391E08AD 1100
WOOD CHRIS L AL/ALLENORTH PROPERTIES 'ZUNDEL MICHELLE
121 STRAWBERRY LN PO BOX 1228 107 GRANITE ST
ASHLAND, OR 97520 ASHLAND, OR 97520 'ASHLAND, OR 97520
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Zimbra Page 1 of 3
1 1' seversod@ashland.ormi
+ Font Size -
Specification
From : Jerome White <jerome@kistlersmaI[white.com> Wed, Apr 24, 2013 12:55 PM
Subject : RE: Specification of Shingles (SHAKES) Y attachment
To : 'Derek Severson' <derek.severson@ashland.or.us>, 'Bruce Dickens'
<dickensb@ashland.or.us>
Cc : 'Steve Ennis' <steveennis@uci.net>, hickmanm@ashland.or.us
Derek,
We will not be using the Monoammonium Phosphate fire retardant.
Attached is the product we are currently proposing.
Jerome White
kistler + small + white Architects
552 A Street Suite 1 j
Ashland, OR 97520
P.541.488.8200 F.541.488.2830
jerome@kistlersmallwhite.com
I
-----Original Message-----
From: Derek Severson [mal[to:derek.severson@ashland. or.us]
Sent: Tuesday, April 23, 2013 2:03 PM
To: Jerome White; 'Bruce Dickens'
Cc: 'Steve Ennis'; hickmanm@ashland.or.us; 'Derek severson'
Subject: RE: Specification of Shingles (SHAKES)
I
Bruce, Jerome & all,
I've heard a couple of varying options, so just wanted to touch base for clarity. For planning to notice the application as complete and
get it moving, we'll need to have a clear idea of what is proposed/requested. At this point I've heard treatment with monoammonium
phosphate, which may need retreatment and is as yet unknown regarding potential impacts to the creek, or possibly the Chemco/FTX
which is vacuum-impregnated with a retardant at the cellular level so as not to need retreatment or pose a threat of leaching into the
creek, and it sounds like other options may have been raised at the department meeting to discuss planning actions yesterday.
I just wanted to get verification as to what is being proposed, as our planning approvals will typically indicate that the proposals of the
applicant become requirements attached to the proposal. If you can verify for me that it is to be monoammonium phosphate, and that
additional information is to follow from DEQ I can get things moving with the notice of complete application. As noted previously, it
would help if we had a brief narrative description of the request to supplement the findings so it's clear in the application materials what
is being requested and why.
Thanks,
Derek Severson, Associate Planner
City of Ashland, Department of Community Development
51 Winburn Way, Ashland, OR 97520
PH: (541) 552-2040 FAX: (541) 552-2050 TTY: 1-800-735-2900
E-MAIL: derek.severson@ashland.or.us
This e-mail transmission is the official business of the City of Ashland, and is subject to Oregon's public records laws for disclosure and
retention. If you've received this e-mail in error, please contact me at (541) 552-2040. Thank you.
i
httns://zimbra.ashiand.oi-.ii,/h/nrintmessave?id=6979FRr.] dlhdl1ni 14
Zimbra Page 2 of 3
Original Message
From: Jerome White <jerome@kistlersmallwhite.com>
To: 'Bruce Dickens' <dickensb@ashland.or.us>
Cc: 'Steve Ennis' <steveennis@uc!.net>, 'Derek Severson' <derek.severson@ashland.or.us>, hickmanm@ashland.or.us
Sent: Mon, 22 Apr 2013 10:57:49 -0700 (PDT)
Subject: RE: Specification of Shingles (SHAKES)
Bruce,
The wood shakes that were specified on our drawings provided MSDS information that is insufficient regarding Environmental affects. I
sent you an email last week with a link to a site that lists information for Monoammonium Phosphate, the product they use. With
insufficient information on the environmental effects for this product, I do not see how we can use this shake.
I am following up on the spray applied fire proofing (FS-II) that the Fire Department suggested we use and am expecting an MSDS today.
I have contacted DEQ Medford and will be sending them the MSDS for their review once I receive it. DEQ indicated that there is no
formal procedure for review, but that they can provide us with a comment on the chemical listed.
So, I do not yet have information for Derek to include in his findings for the Variance as of now. If you want, we can include the
attached sheet for the FS-II fireproofing and when I receive the MSDS, I will forward it to you and Derek for inclusion in the Staff Report.
Jerome White
kistler + small + white Architects
552 A Street Suite 1
Ashland, OR 97520
P.541.488.8200 F.541.488.2830
jerome@kistlersmallwhite.com
From: Bruce Dickens [maiito:dickensb@ashland.or.us]
Sent: Thursday, April 18, 2013 1:10 PM
To: 'Jerome White'
Subject: Specification of Shingles
Hi Jerome,
Do we have a specification on the shingle and fire retardant? Derek wants me to include that in the variance application letter.
It never ends!
Bruce Dickens
Parks and Recreation - Parks Superintendent
City of Ashland
340 S Pioneer st, Ashland, OR 97520
Direct 541-552-2252
541-488-5314 fax
This email transmission is official business of the City of Ashland, and it is subject to Oregon public records law for disclosure and
httns:Hzimbra.ashland.or.us/h/printmessage?id=68796&1 4/24/2013
Zimbra Page 3 of 3
retention.
If you have received this message in error, please contact me at 541-552-2252. Thank You.
NFC, Inc_Product Description.pdf
j 93 KB
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https://zimbra.ashland.or.us/h/printmessage?id=68796& 1 4/24/2013
Marcmeritte Hickman
From: John Karns [karnsj@ashiand.or.us]
Sent: Wednesday, April 03, 2013 4:22 PM
To: Margueritte Hickman
Subject: Emailing: fsii-640.htm
enter ke ords...
~•e
e FS-II Fire Retardant
Our Price:$245.00 .
• m PPOduct Code: >`SI1640,
t hW y at f;a ~t_q6.
o a.:. :;O:5.:GallonPail
v~sA I Options
Alternative Views:
Y p S l4.n Qty 1 +WIN I,
t.:s~CpR~ SITE::
Features
F.eatures:..:....
175-11 is an. interior/exterior pyrolytic penetrant, formulation that prevents the spread:of flame.kiy
developing a self.ei tinquishing reaction. This product is unique because_it contains polymers that
create a weather tight bond to the molecular structure of wood, therefore; FS-II is 'an exterior
coating as well as'ari inferior coating. This,product is white but dries clear and does not change the
color of woods.: When.appIIed to exterior wood, It has a minimum life expectancyof 6 10 years and .
should.thEn be reapplied. If FS-II is applied to interior wood, It has a permanent life expectancy.
(Cannot be used cn varnished or waterproofed materials).
FS.-il.cari.pe.tised on.various.porous.woods;as,aninterior.or.exterior;flre:retardant. This produaf is...;
widely used on new horrie wood framing; cedar sid. ing, wood shingles and log homes, etc.
FS-11 is an all in one:'
Class "A" Fire Retardant
Wood Preserver
Mold .
& Termite F2esistant
F8-11.has been tested to the following standards:
ASTM ,E-84 .
,NFPA 255 A 70
UL 723
One coat system. All testing was performed using single-coated materials. Class "A" rated.
FS-II can easily be sprayed from a low pressure airless sprayer. May also be sprayed from a'
pump-up sprayer or backpack sprayer.
1
MATERIAL DATA SHEET
SECTION I- PRODUCT AND COMPANY INFORMATION
DATE: September 2008
Product Name: Flame Stop I, I-C, I-DS, 11, III and IV
Hazard Rating: Health: 1 Fire: 0 Reactivity: 0 PPI:
Company Identification: National Fireproofing Co, Inc
420 Wagner Road
Porter, IN 46304
Telephone: (219) 926-1477
Chemtrec (24 hr): (800) 424-9300
Product Class: Proprietary
Shipping Name: One of the following:
Flame Stop I, 1-C, I-DS, 11, III, IV
SECTION 11- INGREDIENT AND HAZARD INFORMATION
PROPRIETARY NON HAZARDOUS CHEMICALS
I
SECTION III - PHYSICAL DATA
Form: liquid
Appearance/color: clear, Flame Stop II is white
pH Value: 6.5-7.5
Boiling Range: 212F
Evaporation Rate: Slower than n-Butyl Acetate
i
Vapor Density: Heavier than air
Volatile Weight: N/A
Volatile / Volume: N/A
Specific Gravity: proprietary
i
SECTION I - FIRE AND EXPLOSION Flammability Class: 1118
Flash Point: N/A
Extinguishing Media: Carbon Dioxide, Foam, Dry Chemical, water
Special Firefighting Procedures: Use self contained breathing apparatus
Unusual Fire and Explosion Hazards: none
SECTION - HEALTH HAZARD DATA
Effects of Over Exposure:
Eye irritation, nausea. Prolonged exposure may cause drying of the skin.
Permissible Exposure Level: Undetermined
First Aid:
INHALATION: Remove from exposure area
EYE CONTACT: Flush with water for 15 minutes
SKIN CONTACT: Wash with soap and water
POSSIBLE ROUTES OF ENTRY: Inhalation, ingestion, skin absorption
SECTION I® STABILITY AND REACTIVITY
Stability: Yes
Hazardous Polymerization: Will not occur
Incompatibility: Avoid water-reactive agents.
Hazardous decomposition Products: Carbon Monoxide, Carbon Dioxide
SECTION Vi l - SPILL OR LEAK PROCEDURES
Steps to be taken in case material is released or spilled:
Remove spills with inert absorbent.
Waste Disposal Method:
Dispose of in accordance with Federal, State and Local regulations.
SECTION III ® EXPOSURE CONTROLSIPERSONAL
PROTECTION
Occupational Exposure Limits
ACGIH TLV ACGIH TLV-C ACGIH STEL OSHA STEL OSHA PEL
RESPIRATORY PROTECTION: If in direct contact or spray application use a
dust or paint mask.
VENTILATION: Required only when applying in a confined area.
EYE PROTECTION: Wear safety glasses or goggles to guard against
splashes.
PROTECTIVE GLOVES: Not required unless direct contact
DISCLAIMER: The data herein is believed to be correct. However, since
conditions of use are outside our control it does not represent a warranty
or representation for which National Fireproofing Co, Inc assumes and
legal responsibility. National Fireproofing Co, Inc makes no guarantee or
warranty since they have no control over application conditions.
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Zimbra Page 1 of 2
Zimbra seversod@ashland.or.u;
+ Font Size -
RE: Specification of Shingles (SHAKES)
From : Derek Severson <derek.severson@ashland.or.us> Tue, Apr 23, 2013 02:02 PM
Subject : RE: Specification of Shingles (SHAKES)
To : Jerome White <jerome@kistlersmallwhite.com>, 'Bruce Dickens' <dickensb@ashland.or.us>
Cc : 'Steve Ennis' <steveennis@uci.net>, hickmanm@ashland.or.us, 'Derek severson'
<derek.severson@ashland.or.us>
Reply To : Derek Severson <derek.severson@ashland.or.us>
Bruce, Jerome & all,
I've heard a couple of varying options, so just wanted to touch base for clarity. For planning to notice the application as complete and
get it moving, we'll need to have a clear idea of what is proposed/requested. At this point I've heard treatment with monoammonium
phosphate, which may need retreatment and is as yet unknown regarding potential impacts to the creek, or possibly the Chemco/FTX
which is vacuum-impregnated with a retardant at the cellular level so as not to need retreatment or pose a threat of leaching into the
creek, and it sounds like other options may have been raised at the department meeting to discuss planning actions yesterday.
I just wanted to get verification as to what is being proposed, as our planning approvals will typically indicate that the proposals of the
applicant become requirements attached to the proposal. If you can verify for me that it is to be monoammonium phosphate, and that
additional information is to follow from DEQ I can get things moving with the notice of complete application. As noted previously, it
would help if we had a brief narrative description of the request to supplement the findings so it's clear in the application materials what
is being requested and why.
Thanks,
Derek Severson, Associate Planner
City of Ashland, Department of Community Development
51 Winburn Way, Ashland, OR 97520
PH: (541) 552-2040 FAX: (541) 552-2050 TTY: 1-800-735-2900
E-MAIL: derek.severson@ashland.or.us
This e-mail transmission is the official business of the City of Ashland, and is subject to Oregon's public records laws for disclosure and
retention. If you've received this e-mail in error, please contact me at (541) 552-2040. Thank you.
Original Message
From: Jerome White <jerome@kistlersmallwhite.com>
To: 'Bruce Dickens' <dickensb@ashland.or.us>
Cc: 'Steve Ennis' <steveennis@uci.net>, 'Derek Severson' <derek.severson@ashland.or.us>, hickmanm@ashland.or.us
Sent: Mon, 22 Apr 2013 10:57:49 -0700 (PDT)
Subject: RE: Specification of Shingles (SHAKES)
Bruce,
The wood shakes that were specified on our drawings provided MSDS
information that is insufficient regarding Environmental affects. I sent you
an email last week with a link to a site that lists information for
Monoammonium Phosphate, the product they use. With insufficient information
on the environmental effects for this product, I do not see how we can use
this shake.
I am following up on the spray applied fire proofing (FS-II) that the Fire
Department suggested we use and am expecting an MSDS today. I have
contacted DEQ Medford and will be sending them the MSDS for their review
once I receive it. DEQ indicated that there is no formal procedure for
review, but that they can provide us with a comment on the chemical listed.
So, I do not yet have information for Derek to include in his findings for
https:Hzimbra.ashland.or.us/h/printmessage?id=68701&1 4/23/2013
Zimbra Page 2 of 2
the Variance as of now. If you want, we can include the attached sheet for
the FS-II fireproofing and when I receive the MSDS, I will forward it to you
and Derek for inclusion in the Staff Report.
Jerome White
kistler + small + white Architects
552 A Street Suite 1
Ashland, OR 97520
P.541.488.8200 F.541.488.2830
jerome@kistlersmallwhite.com
i
From: Bruce Dickens [mailto:dickensb@ashland.or.us]
Sent: Thursday, April 18, 2013 1:10 PM
To: 'Jerome White'
Subject: Specification of Shingles
Hi Jerome,
i
Do we have a specification on the shingle and fire retardant? Derek wants
me to include that in the variance application letter.
It never ends!
Bruce Dickens
Parks and Recreation - Parks Superintendent
City of Ashland
340 S Pioneer st, Ashland, OR 97520
Direct 541-552-2252
541-488-5314 fax
I
This email transmission is official business of the City of Ashland, and it
is subject to Oregon public records law for disclosure and retention.
If you have received this message in error, please contact me at
541-552-2252. Thank You.
i
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https://zimbra.ashland.or.us/h/printmessage?id=68701&1 4/23/2013
Zimbra Page 1 of 2
seversod @ashl and.or.u;
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± Font Size
® Specification Shingles (SHAKES)
Mon, Apr 22, 2013 10:57 AM
From : Jerome White <jerome@kistlersmallwhite.com>
Subject : RE: Specification of Shingles (SHAKES) 2 attachments
To : 'Bruce Dickens' <dickensb@ashland.or.us>
Cc : 'Steve Ennis' <steveennis@uci.net>, 'Derek Severson' <derek.severson@ashland.or.us>,
hickmanm@ashland.or.us
Bruce,
The wood shakes that were specified on our drawings provided MSDS
information that is insufficient regarding Environmental affects. I sent you
an email last week with a link to a site that lists information for
Monoammonium Phosphate, the product they use. With insufficient information
on the environmental effects for this product, I do not see how we can use
this shake.
I am following up on the spray applied fire proofing (FS-II) that the Fire
Department suggested we use and am expecting an MSDS today. I have
contacted DEQ Medford and will be sending them the MSDS for their review
once I receive it. DEQ indicated that there is no formal procedure for
review, but that they can provide us with a comment on the chemical listed.
So, I do not yet have information for Derek to include in his findings for
the Variance as of now. If you want, we can include the attached sheet for
the FS-II fireproofing and when I receive the MSDS, I will forward it to you
and Derek for inclusion in the Staff Report.
Jerome White
kistler + small + white Architects
552 A Street Suite 1
Ashland, OR 97520
P.541.488.8200 F.541.488.2830
jerome@kistlersmal[white.com
From: Bruce Dickens [mailto:dickensb@ashland.or.us]
Sent: Thursday, April 18, 2013 1:10 PM
To: 'Jerome White'
Subject: Specification of Shingles
Hi Jerome,
Do we have a specification on the shingle and fire retardant? Derek wants
me to include that in the variance application letter.
lhttnc-//umbra.ashland.or.us/h/printmessage?id=68610&1 4/23/2013
Zimbra Page 2 of 2
It never ends!
Bruce Dickens
Parks and Recreation - Parks Superintendent
City of Ashland
340 S Pioneer st, Ashland, OR 97520
Direct 541-552-2252
541-488-5314 fax
This email transmission is official business of the City of Ashland, and it
is subject to Oregon public records law for disclosure and retention.
If you have received this message in error, please contact me at
541-552-2252. Thank You.
i
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1mage002.jpg
2 KB
NFC, Inc Product Description.pdf
93 KB
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https://zimbra.ashland.or.us/h/printmessage?id=68610&1 4/23/2013
Malrgueritte Hickman
From: John Karns [karnsj@ashland.or.us]
Sent: Wednesday, April 03, 2013 4:22 PM
To: Margueritte Hickman
Subject: Emailing: fsii-640.htm
,
E
ig ON
enter ke ords...
:o
® FS-1I Fire Retardant
I
A Our Price:$245.00
' }I Prodciat Code
. ~4 I U 5 Gallon Pail
Options
Alternative Views:
YfusiUlt QtY 1u►)llc~tf~fil''~
SECURE SITE
Features
:F.eatures.,
FS-11 is an interior/exterior pyrolytic penetrant .formulation that prevents the spread.of flame •b
Y. .
developing a self.extinguishing reaction.;This producf is unique because if contains`polymers that
create a weather tight bond to the molecular structure of wood, therefore, FS-Il is:ari exterior
coating as well as an interior coating. This product is white but dries clear and does not change the
color of wootls.: When:applied to exterior wood, it has a minimum life..expectancy of 5-.16 years and .
should.then be reapplied. If FS-II is applied to interior wood, 1t has a permanent life expectancy.
(Cannot be u§ed on varnished or waterproofed materials).
FS-ll.cari.be.used on,various.porous.woods..as.an.interi.or.or:exterior..fire:retardant. This roduaf.is...
p
widely used on new honiE wood framing; cedar siding, wood shingles and log homes, etc. ;
t
FS-11 is an ail in one:
Class "A" Fire'Retardant
AA/odd Preserver.
Mold.& Termite Resistant
FS-II has been tested to the following standards:
4
.,,ASTM E-84
NFPA 255.& 70
UL 723 :
One coat system. All testing was performed using single-coated materials, Class "A" rated.
5 = FS-II can easily be sprayed from a low pressure airiess sprayer. May also be sprayed from a
pump-up sprayer or backpack sprayer.
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Mar_ ueritte Hickman
From: John Karns [karnsj@ashland.or.usj
Sent: Wednesday, April 03, 2013 4:22 PM
To: Margueritte Hickman
Subject: Emailing: fsii-640.htm
enter ke ords...
• FS-II Fire Retardant
• r Our Price: $246.00
I Product Code FS11 4q.4
~ ~ ~ e e> l O 5 Callan Pad
visa Optiohs .
Alternative Views:
'Qty 1. L/,~I~Jr~ lt;~ car ~;1[ ~;4 ;
OuSiOn i
SEGuRE SITE
Features
FS-11 is 'an interior/exterior pyrolytic penetrantformulatioh that prevents the spread of flame.by
developing a.self-extinguishing reaction. This product is unique because ,if contains polymers that
create a weather tight bond to the molecular structure of wood, therefore; FS-Il an exterior
coating as well as an interior coating. This product is white but dries clear and does not, change the
color of woods.: When,applied to exterior wood,lt has a minimum.life expectancy of 5-10 years and .
sho, Uid.tli6h* be reapplied. If FS-II is applied to interior wood, it has a permanent life expectancy.
(Cannot be used on varnished or water.proofed materials).::.. .
FS-11 car .lie.used cn.various.porous.woods:as.on..interior, or.exterior.:fire.retardatit. This produofis...,
widely used on new home wood framing; cedar siding, Wood: shingles and log horries, eto.
FS-11 is an all in one:
Class "A" Fire Retardant
:Wood Preserver
Mold Termite Resistant
F8-11 has`been tested to the folio wing standards:
ASTM .E-84
NFPA 255.& 70
PL 723
One coat system All testing was performed using single-coated materials. Class "A" rated.
FS-11 can easily be sprayed from a low. pressure airless sprayer. May also be sprayed from a
pump-up sprayer or backpack sprayer.
1
Lithia Park and its Enders Memorial Shelter are listed on the National Register of Historic Places
and are considered to be a significant part of the built heritage of the City of Ashland. The
shelter's roof is leaking and will cause damage to the roof frame and rafter tails if not repaired.
In considering the best approach to re-roofing the structure, the project manager has consulted
with the Oregon State Historic Preservation Office (SHPO) and the Ashland Historic
Commission given the historic status of the building and park. While the city's own
Development Standards for Wildfire Lands found in Chapter 18.62.090.B.5 of the Ashland
Municipal Code call for all structures on Wildfire Lands to be constructed or re-roofed with
Class "B" or better non-wood roof coverings, the Secretary of the Interior's Standards for the
Treatment of Historic Properties call for in kind replacement of the roofing material with shakes
similar to those originally used on the building. These federal standards provide a guideline for
the treatment of National Register properties, and SHPO has recommended that the Parks
Department seek waiver of this requirement pursuant to Section 3403.5 of the Uniform Building
Code/Oregon Structural Specialty Code, noting that National Register-listed properties, and other
certified historic buildings, are eligible to be considered for waivers of certain normal code
requirements in the interest of preserving the integrity of the property. SHPO emphasized that in
their view, replacement of the existing shake roof with a similar wood shake material on the
open-sided structure would "pose no significantly elevated risk to life safety that would be
avoided by replacement with a historically inappropriate material." They accordingly request
that a waiver be granted in order to preserve its historic character for generations to come (see
March 22, 2013 letter, attached).
I
In discussing the possibility of a waiver with the Planning, Building and Fire Departments, it was
recognized that if the Building Code requirements were waived and an alternative treatment of
the wood shingles acceptable to the Building Official, Fire Marshal and State Historic
Preservation Office were selected, a Variance would be necessary because of the Development
Standards for Wildfire Lands' requirement that only non-wood roof coverings be used. The
Parks Department is accordingly requesting a Variance to this standard in order to utilize wood
shakes to re-roof the structure provided that they are treated with an acceptable fire retardant
spray which satisfactorily addresses the intent of the development standards while preserving the
historic character of the National Register-listed structure.
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ENDERS SHELTER FINDINGS
A. That there are unique or unusual circumstances which apply to this site which do not typically
apply elsewhere.
The subject property is located within the National Register of Historic Places-listed Lithia Park,
and the gazebo structure itself is one of the resources associated with this listing. In reviewing
proposals to rehabilitate the structure the State Historic Preservation Office's Historic
Preservation Specialist has noted, "The Enders Memorial Shelter is listed in the National Register
of Historic Places, and is a significant part of the built heritage of the City of Ashland.... we
believe... that the cedar shake roofing material poses no great threat in terms of life and safety
issues in the event of fire. As the shelter is an open-sided structure, the structure would provide
no protection in the event of a wildfire, regardless of whether the roofing material were to be
replaced in kind, in accordance with the Secretary of the Interior's Standards for the Treatment
of Historic Properties, or if the roofing material were to be replaced with a concrete look-alike.
Replacement with a concrete material is not in keeping with the (federal) Standards. Under
Section 3403.5 of the Uniform Building Code/Oregon Structural Specialty Code, National Register
properties... are eligible for waivers of certain normal code requirements in the interest of
preserving the integrity of the property... we respectfully request that a waiver be granted for
this structure, in order that its historic character may be preserved for generations to come." In
addition, the gazebo is located within the floodplain and water resources protection zone of
Ashland Creek and as such, the options for modifications to the structure beyond maintenance
and repair are extremely limited and would likely prevent the significant structural
enhancements necessary to handle a heavier alternative roofing material, such as a concrete
shake-look-alike, which would also negatively impact the historic character of the structure.
B. That the proposal's benefits will be greater than any negative impacts on the development of
the adjacent uses; and will further the purpose and intent of this ordinance and the
Comprehensive Plan of the City.
Use of the shake roof proposed would preserve the historic character of the National Register-
listed structure which has been noted as a "significant part of the built heritage of (Lithia Park
and) the City of Ashland" by the Oregon State Historic Preservation Office. Treatment of these
shakes with an appropriate retardant would serve to mitigate concerns over their use in the
wildfire zone, particularly given that the structure is a small, isolated, open-sided non-residential
structure adjacent to a riparian stream corridor.
C. That the circumstances or conditions have not been willfully or purposely self-imposed.
The existing structure is part of the National Register of Historic Places-listed Lithia Park, and
was constructed long before current land use, building and fire code regulations. The applicants
seek to rehabilitate the structure in place and preserve its historic character, while also
responding to the limitations on modification of the structure posed by its location in Ashland
Creek's riparian water resources protection zone and floodplain corridor.
Parks d _i, e 'eatioii epa: t
Sta,' ~-istozi< I're erva(ron.0"'Ce
Iohn ri. riiPzhal gar, MD, GoveCnoP 725 Ltm7T'ter ~t NE, Ste C'
Salem, O 97301-1266
(503) 986-0671
Fax (503) 936-0793
www.oi-egonlieritage.org
March 22, 2013
h irrc
6
!L =12Y
STALL Dlsrovei~RE: Enders Memorial Shelter, Lithia Park, Ashland I
I :
To Whom it May Concern:
Our office has learned that the proposed replacement of the cedar roof shakes on the Ender Memorial Shelter is in ! I
contradiction to the requirements of building code elements related to the use of certain roofing materials in i
wildfire areas. The Enders Memorial Shelter is listed in the National Register of Historic Places, and is a
significant part of the built heritage of the City of Ashland. While we appreciate the concerns of the inspector, we
also believe that the requirement that the cedar shake roofing material poses no great threat in terms of life and
safety issues in the event of fire. As the shelter is an open-sided structure, the structure would provide no
protection in the event of a wildfire, regardless of whether the roofing material were to be replaced in kind, in
accordance with the Secretary of the Interior's Standards for the Treatment of Historic Properties, or if the roofing
material were to be replaced with a concrete look-alike. Replacement with a concrete material is not in keeping
with the Standards.
Under Section 3403.5 of the Uniform Building Code/Oregon Structural Specialty Code, National Register
properties, and other certified historic buildings, are eligible to be considered for waivers of certain normal code
requirements in the interest of preserving the integrity of the property.
Because the replacement of the existing cedar shake roofing material on this open-sided structure, in our view,
poses no significantly elevated risk to life and safety that would be avoided by replacement with a historically
inappropriate material, we respectfully request that a waiver be granted for this structure, in order that its historic
character may be preserved for generations to come. If you have any questions, or would like to discuss this j
request, please feel free to contact me.
i
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Sincerely,
Jason M. Allen, M.A. I
Historic Preservation Specialist ~
(503) 986-0579
jason.allen@state.or.us
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NI MIT APPLICATION
Planning Division
C I T Y OF 51 Winburn Way, Ashland OR 97520 FILE°
ASHLAND 541-488-5305 Fax 541-488-6006 -
t
DESCRIPTION OF PROJECT
DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? ❑ YES NO
Street Address M0 10221&16A) OT )9
Assessor's Map No. 39 1 E Tax Lot(s)
Zoning Comp Plan Designation
APPLICANT
Name Fy u ( C -b l Cke& Phone Z® 2,2'~;2- t K,' l) E-Mail rJwt e . 1 1 1 ~L '~,r0( CA~j
Addressgqv 101UC'P City ~ Ct~ l7~ Zip q]~) C~
PROPERTY OWNER
Name (I F- Il esm V)A) D Phone Oc 4-552_ - J-100 E-Mail
Address0c) inn /A EC-i City Zip
SURVEYOR ENGINEER ARCHITECT, LANDSCAPE ARCHITECT, OTHER
Title Name ('a)we b_c'h Phonf)q-1- L K-~CLQ E-Mail ,vJ-ek#, (~ICiS" l ~ Pl cl(~1A~~1t .4~>u
Address 6 t- Y i City 6/il ~Ct /VfJ Zip ~i
Title: U , NameAm1". f- CSC:% Phone E-Mail
Address O7,'IQ I City )(Zw)o ( Zip 9706)
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
ve any doubts, I am advised to seek competent professional advice and assistance.
be roved at my expense. I IN
~l
Applicant's Signature Date
As owner f the property involved in this request, I have read and understood the complete application and its consequences to me as a property
owner.
Property Owner's Signature (required) Date
[To be completed by City Staff]
Date Received - /js, Zoning Permit Type Filing Fee $ "
y OVER
Wconun-dev\planning\Forms & Handoats\Zoning Permit Application.doc
i
Job Address: 340 S PIONEER ST Contractor:
ASHLAND OR 97520 Address:
A Owner's Name: CITY OF ASHLAND ~ Phone:
P Customer 07213 State Lie No:
P CITY OF ASHLAND 1 City Lie No:
L°' Applicant: R
Address: A
Sub-Contractor:
A Phone: T Address:
N Applied: 04/17/2013 O
T Issued: R
Expires: 10/14/2013 Phone:
State Lie No:
Maplot: City Lie No:
DESCRIPTION: Variance - Enders shelter - Gave credit for Pre-App
Bruce Dickens - Parks Dept
VALUATION -
Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description
Total for Valuation:
_ -_MECHANICAL
ELECTRICAL
STRUCTURAL
PERMIT FEE DETAIL
Fee Description Amount Fee Description Amount
Variance (Type 1) 855.00
CONDITIONS OF APPROVAL
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 `I' Y
Inspection Request Line: 541-552-2080
®
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: $ 855.00 $ 0.00
or local laws, ordinances, or regulations rests solely with the
applicant. Sub-Total: $ 855.00
Fees Paid: $ 0
Applicant Date Total Amount Due: $ 855.00
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
' 7- 11