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HomeMy WebLinkAboutGranite_233_PA-2014-00458 CITY F ASHLAND June 25, 2014' Notice of Final Decision On June 25, 2014, the Community Development Director approved the request for the following: Planning Action: PA-2014-00458 Subject Property: 233 Granite Street Applicant:, Richard Wagner Description: A request for a Solar Variance for the property located at 233 Granite Street. The property to the north at 227 Granite Street has agreed to the proposed shading. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1- 10; ASSESSOR'S MAP: 39. lE 08DA; TAX LOT: 1300; i The Community Development Director's decision becomes final and is effective on the 13th 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: 541188-5305 51 Winbum Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 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 13a' 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 12f 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 neat 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: 541-488-5305 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: PA-2014-00458 SUBJECT PROPERTY: 233 Granite Street I APPLICANT: Richard Wagner OWNERS: Kris and Heidi Jacobson DESCRIPTION: A request for a Solar Variance for the property located at 233 Granite Street. The property to the north at 227 Granite Street has agreed to the proposed shading. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-10; ASSESSOR'S MAP: 39 lE 08DA; TAX LOT: 1300; SUBMITTAL DATE: March 24, 2014 DEEMED COMPLETE DATE: May 28, 2014 STAFF APPROVAL DATE: June 25, 2014 APPEAL DEADLINE (4:30 P.M.): July 7, 2014 FINAL DECISION DATE: July 8, 2014 APPROVAL EXPIRATION DATE: July 8, 2015 DECISION The subject parcel is located at 233 Granite Street, on the west side of Granite Street between Strawberry Lane and Winburn Way. The parcel is roughly "L"-shaped and approximately 1.08 acres in area. An existing single family home sits on the northern portion of the property, and the southern portion is heavily treed and has slopes in excess of 25 percent and in some areas exceeding 35 percent. An existing shared driveway traverses the property, south of the home, and serves a number of adjacent properties. The existing single family home on the property is approximately 3,069 square feet and two-stories. With the current application, the applicants propose to demolish the existing home and construct a new one in roughly the same location. The applicants have obtained approval of a Demolition/Relocation Review Permit, however because the proposed new home will cast a shadow onto the property to the. north greater than the shadow which would be cast by a six-foot fence built on the property line, a Solar Access Variance is required before a building permit can be issued, or demolition can occur. Along with the applicants' findings, the application includes a shadow plan illustrating the shadow cast by a six-foot fence, the shadow cast by the existing home to be demolished, and the shadow proposed to be cast by the new home. The application also includes an Exhibit L-1 "Landscape - P & E Exhibit" which notes that two relatively small sloped areas are to be disturbed on the site. One is an area of approximately 65 square feet at the rear of an existing shed which is to be replaced, and the other is an approximately 450 square foot area at the street which appears to have been mounded with the street installation to flatten the building pad and which will have steps down to the sidewalk installed here. After visiting the site to review these areas, staff does not believe either disturbance will result in disturbance constituting development, and as such no Physical and Environmental Constraints Review Permits will be required with redevelopment of the site. PA #2014-00506 233 Granite StAds Page 1 e t The application materials provided note that the proposed home will not preclude the reasonable use of solar energy on the neighboring property to the north by future buildings, noting that the proposal will result in shading of only approximately three percent of the property beyond that which would be shaded by a six-foot fence. The application further asserts that the neighbors are fully supportive of the request, and that when compared to the shadow cast by the existing house, the neighbors will see a substantial gain in solar access as the new home does not shade the habitable structure at all. The application further notes that after initial discussions with staff, the home proposed has been shifted five feet south of its originally planned location, and its finished floor elevation reduced by three feet below the existing structure's finished floor level to reduce the shadow cast. With these design adjustments, the resultant shadow will not impact the habitable structure on the property to the north at all. The application emphasizes that the property to the north has and will maintain the majority of its solar access, and goes on to note that the home on the property was significantly remodeled and upgraded with a substantial addition only ten years ago, and as such is less likely to see redevelopment in the area of the site proposed to be shaded, which also contains a number of established, mature cedar and pine trees. The application concludes that the site requesting the Variance faces unique and unusual circumstances which restrict the buildable area of the site in that the established ingress and egress easement over the property serves six adjacent homes, and the southernmost portion of the property is heavily treed and sloped, both of which limit the applicants options in shifting the proposed home to the south to fully comply with the Solar Access ordinance. In reviewing the request, staff concurred with the applicants that the site constraints including the large, established trees between the existing home and driveway, the shared driveway itself, and the heavily treed and sloped area south of the driveway all limit the applicants ability to shift a home further south to comply with the Solar Access ordinance. In addition, the applicants' design, which has shifted the home five feet further south and lowered the finished floor elevation by three feet over that of the existing home results in shadowing which no longer impacts the habitable structure on the property to the north at all and will instead limit the shadow to be cast in excess of that allowed to an area of only approximately 250 square feet located between the existing house and the street, in an area with large, established trees. While staff would generally be concerned with a new home being designed in a manner which requires a Solar Variance, in this instance the proposed shading is necessitated by site constraints, has been minimized by the proposed design modifications, and represents a substantial improvements over the current shading by the existing home which is supported by the affected property owner. The criteria for a Solar Access Variance are described in AMC Chapter 18.70.060, as follows: a. The variance does not preclude the reasonable use of solar energy on the site by future buildings; and b. The variance does not diminish any substantial solar access which benefits a habitable structure on an adjacent lot. C. There are unique or unusual circumstances which apply to this site which do not typically apply elsewhere. PA #2014-00506 233 Granite St./dds Page 2 The application with the attached conditions complies with all applicable City ordinances. Planning Action #2014-00506 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 #2014-00506 is denied. The following are the conditions and they are attached to the approval; 1) That all proposals of the applicant shall be conditions of approval unless otherwise modified here. 2) That the additional shadowing approved here is limited to that illustrated in the applicants' "Solar Access Waiver Plot Plan -Exhibit B" dated May 20, 2014. The final submittals for building permit shall be in substantial conformance with the drawings submitted with this Solar Variance application, and any additional shading proposed beyond that approved here would require modification of this approval and resubmission of a Solar Variance application. 3) That the building permit submittals shall include a Tree Protection Plan as required in AMC 18.61.200 for the review and approval of the Staff Advisor. A Tree Verification Permit inspection shall be approved by the Staff Advisor prior to site work including demolition, storage of materials or the issuance of building or demolition permits. Bill M~nar, irector Date D artmen of Community Development PA #2014-00506 233 Granite StAds Page 3 AFFIDAVIT OF MAILING STATE OF OREGON ) County of Jackson ) The undersigned being first duly sworn states that: I 1. I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On June 25, 2014 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-2014-00458, 233 Granite Street. Sig~ture of Employee Documentl 612412014 i PA-2014-00458 391E08DA 701 PA-2014-00458 391E08DA 900 PA-2014-00458 391E08DA 1100 MURPHREE JAMES THOMAS/LIESE EISENBERG LEONARD AND KAREN EGGERS ELIZABETH JO ANNE 1484 MANOR PL 223 GRANITE ST 221 GRANITE ST MONTEREY, CA 93940 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-00458 391E08DA 1200 PA-2014-00458 391E08DA 1201 PA-2014-00458 391E08DA 1300 EISENBERG LEONARD I TRUSTEE ET MASTAIN RICHARD K TRUSTEE ET JACOBSON KRIS N/HEIDI L 223 GRANITE ST 227 GRANITE ST 1917 E MAIN ST ASHLAND, OR 97520 ASHLAND, OR 97520 MEDFORD, OR 97504 PA-2014-00458 391E08DA 1400 PA-2014-00458 391E08DA 1401 PA-2014-00458 391E08DA 1501 COLLONGE JOSEPH L TRUSTEE ET FULLER HARRY G/KATE L HEYCKE JENS KURT ET AL 111 B ST 243 GRANITE ST 237 GRANITE ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-00458 391E08DA 1900 PA-2014-00458 391E08DA 1904 PA-2014-00458 391E08DA 1501 CAIN ROBERT ROY TRUSTEE NITZBERG MARK J RICHARD WAGNER 263 GRANITE ST 1166 ARCH ST 315 AVERY STREET ASHLAND, OR 97520 BERKELEY, CA 94708 ASHLAND, OR 97520 PA-2014-00458 391E08DA 1501 KENCAIRN LANDSCAPE 233 GRANITE ARCHITECTURE 545 A STREET 06/25/2014 NOD ASHLAND, OR 97520 13 Planning Department, 51 Wi m Way, Ashland, Oregon 97520 - [ @. 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 NOTICE OF APPLICATION PLANNING ACTION: 2014-00458 SUBJECT PROPERTY: 233 Granite Street APPLICANT: Richard Wagner OWNER: Kris and Heidi Jacobson DESCRIPTION: A request for a Solar Variance for the property located at 233 Granite Street. The property to the north at 227 Granite Street has agreed to the proposed shading. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-10; ASSESSOR'S MAP: 39 1E 08DA; TAX LOT: 1300. NOTE: The Ashland Tree Commission will also review this Planning Action on Thursday, June 5, 2014 at 6:00 PM in the Community Development and Engineering Services building (Lithia Room) located at 51 Winburn Way. NOTICE OF COMPLETE APPLICATION: May 28, 2014 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: June 11, 2014 PA #2014-00458 - - 227 GRANITE ST PROPERTY AGREEING TO SOLAR VARIANCE 1 iI PA #2014-00458 I Z 233 GRANITE ST PROPERTY REQUESTING r - - SOLAR VARIANCE ! m j L _ _2 N I Property lines are jor ref rence -ty, -t s 1-ble O 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 Winburn Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above. Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staff's decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.108.040) The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court. A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services Building, 51 Winburn Way, Ashland, Oregon 97520. If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305. Documentl SOLAR WAIVER CRITERIA 18.70.060.13.2 Approval Criteria 2. The Staff Advisor finds that; a. The variance does not preclude the reasonable use of solar energy on the site by future buildings; and b. The variance does not diminish any substantial solar access which benefits a habitable structure on an adjacent lot. c. There are unique or unusual circumstances which apply to this site which do not typically apply elsewhere. Documentl } 1 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 May 28, 2014 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 #2014-00458, 233 Granite Street. Signature of Employee DocumenQ 5/28/2014 , 1171 41 I ILA; T La m i f yy~ 1 It e - li ii i 7 i -1 IT'S t`"1. , i J I PA-2014=00458 391E08DA 1903 PA-2014-00458 391E08DA 1400 PA-2014-00458 391E08DA 1100 CAIN ROBERT ROY TRUSTEE COLLONGE JOSEPH L TRUSTEE ET EGGERS ELIZABETH JO ANNE 263 GRANITE ST 111 B ST 221 GRANITE ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-00458 391E08DA 900, PA-2014-00458 391E08DA 1401 PA-2014-00458 391E08DA 1501 EISENBERG LEONARD AND KAREN FULLER HARRY G/KATE L HEYCKE JENS KURT ET AL 223 GRANITE ST 243 GRANITE ST 237 GRANITE ST ASHLAND, OR 97520 ASHLAND, OR 97520 j ASHLAND, OR 97520 i PA-2014-00458 391E08DA 1300 PA-2014=00458 391E08DA 1201 PA-2014-00458 391E08DA 701 JACOBSON KRIS N/HEIDI L MASTAIN RICHARD K TRUSTEE ET MURPHREE JAMES THOMAS/LIESE 1917 E MAIN ST 227 GRANITE ST 1484 MANOR PL MEDFORD, OR 97504 ASHLAND, OR 97520 MONTEREY, CA 93940 PA-2014-00458 PA-2014-00458 391E08DA 1904 NITZBERG MARK J RICHARD WAGNER 1166 ARCH ST 315 AVERY ST. BERKELEY, CA 94708 ASHLAND, OR 97520 1 i ; I IT `f 315 Avery Street, Ashland, Oregon 97520 (541) 482-5482; rwa2surf@mind.net Date: March 21, 2014; w/ Addendum (5/19/14) To: Planning Director, Planning Department, City of Ashland I Re: Solar Access Waiver: Findings for: 233 Granite Street Ashland, Oregon To Whom It May Concern: Findings: 18.70.060 Variances A. Variances to this Chapter shall be processed as a Type I procedure, except that variances granted under subsection B of this Section may be processed as a Staff Permit. (Ord. 2484 S3, 1988) B. A variance may be granted with the following findings being the sole facts considered by the Staff Advisor: 1. Included with the City's release/application form. 2. a. The variance does not preclude the reasonable use of solar energy on the site by future buildings: The neighboring property owners to the north (227 Granite Street, Richard & Mary Mastain) are completely in agreement with the Solar Variance request. The neighboring site to the north is a relatively standard residential site (see plot plan attached) with the proposed new building shading the property approximately 3% beyond the allowable shadow from a 6' fence at the property line, and only in one specific portion of the site. Therefore this proposal does not preclude the reasonable use of solar energy on the site (See additional comments in 2. c., below).-When compared to the existing shadow from the existing house to be replaced, the neighboring property will see a substantial gain in solar access of which the neighboring property owners not only benefit, but also look forward to. Overall, this criterion has been met as the request of a 3% variance is very reasonable and does not preclude the reasonable use of solar energy on the site by future buildings. E l Page 2 (Findings, cont.) 2. b. The variance does not diminish any substantial solar access which benefits a habitable structure on an adjacent lot: The allowable shaded area, as provided for by Lot Classification, Solar Setback Standard A, and the allowable 6' fence for the entire south property line, as shown on the attached Plot Plan, shades the property more than 5 times that of the additional shadows created by the proposed structure of the property requesting the Solar Waiver, and does not affect the habitable structure whatsoever. We have, in addition, shifted the proposed structure from its original location 5 additional feet to the south, and reduced its finish floor elevation 3 feet below the existing structure's current finished floor elevation, to further reduce the shadow cast on to the property agreeing to the Solar Waiver. Therefore, this proposed building's shadow does not diminish any solar access to the habitable structure on the adjacent lot (See additional comments in 2. c., below). Again, the proposal is actually a substantial improvement when compared to the existing house's shadow, but nevertheless, the new house's shadow does not fall onto the adjacent house and therefore does not diminish any solar access onto the adjacent habitable structure as specified under this criterion. 2. c. There are unique or unusual circumstances which apply to this site which do not typically apply elsewhere: In addition to statements given in (a.) and (b.) above, regarding the reasonable and substantial use of solar energy, and the minimizing of any shadows created by the proposed construction to substantial solar access, it must be noted as illustrated in the solar shade diagram, that this adjacent site has and will maintain the majority of its existing access to solar energy. While the site agreeing to the Solar Waiver is a relatively standard sized lot (.31 Ac.), the new shadow produced from the proposed construction will allow the remaining solar access of 97% of the total lot area, and therefore fulfills the purpose and intent of this ordinance. Also of note, the existing structure on the northernly property, will not be affected as to its potential for collecting solar energy on its south facing roof areas will remain 100% open to natural solar access. The proposed residence design requesting the solar waiver does not reasonably interfere with nor diminish the economic value of solar gain falling on the existing residence, nor will it reduce the use of solar energy systems, now or in the future. (See 18.70.010 Purpose and Intent - below). The purpose of the Solar Access Chapter is to provide protection of a reasonable amount of sunlight from shade from structures and vegetation whenever feasible to all parcels in the City to preserve the economic value of solar radiation falling on structures, investments in solar energy systems, and the options for future uses of solar energy. It must also be noted here that with regards to the potential redevelopment of the site to the north (property agreeing to the Solar Variance) that its existing residence was significantly remodeled with upgraded systems and included a substantial addition only ten years ago (approx.) which would not only discourage this structure's demolition, but most likely not comply with the justification criteria under current municipal codes/ordinances were redevelopment to be considered. Additionally there are extremely significant mature Pine Page 3 (Findings, cont.) and Cedar trees in this potential building area which would additionally prevent, or at least logically deter any development in the area where the proposed shading would occur (see Plat Plan - Exhibit B) Lastly, the proposed development of the site requesting the Solar Access Waiver faces the unique and somewhat unusual circumstances of a restricted building-site area due to: 1) an established ingress and egress easement serving six other residences above the subject property which impacts the livability of the property due to dust, noise, vibration, etc., 2) the topography and significant tree canopy of the remaining area of the property are unique which limit the buildable area of the subject property. In order to further reduce the proposed shadow, these natural features would most likely be impacted which the applicants and surrounding neighbors would prefer to retain, 3) Although the existing house is to be removed, the property owners are attempting to keep with the highest and best use aspects of an historically established residential neighborhood. The demolition of the existing house was found to be warranted by the Demolition Review Committee for a variety of reasons, but the replacement house is intended to respect the Granite Street streetscape with a similar fagade and setting. The proposed building design has incorporated a classic 2-story Shingle-style home, with a Garage to the rear and is doing so while keeping within the existing, established building area. Overall, the subject site has its own uniqueness with regards to these issues and together E the intent and purpose of this ordinance, solar access standards, goals and policies are upheld. END OF FINDINGS CITY F Community Development - Planning Department 20 East Main Street, Ashland, OR 97520 Phone 541-488-5303 Fax 541-488-6006 SOLAR ACCESS WAIVER AGREEMENT Planning Action # yt y y~ For County Use i I Address of Property Requesting Solar Waiver ~o Tax Lot # of Property Requesting Solar Waiver Address of Property Agreeing to Solar Waiver Legal Description of Property Agreeing to Solar Waiver (Attach, if necessary) The undersigned, for themselves, their heirs, successors and assigns, consent to permit obstruction of their solar access rights describ d in Chapter 18.70 of the Ashland Municipal Code on that portion of property in Township 39, Range 1 East, Section PA_ Tax Lot # further described by legal description in the attached Exhibit "A". The undersigned certify and agree to the following: 1. This agreement shall be binding upon their heirs, successors and assigns and shall run with the land. 2. The undersigned are the owners of the property described on Exhibit "A". 3. This waiver applies only to the specific building(s) noted in the attached Exhibit "B"; and to the shadow(s) cast by such building(s) as noted in Exhibit "B". 4. The solar access rights described in Chapter 18.70 of the Ashland Municipal Code are waived only for that buildable space shown on Exhibit "B" and the City of Ashland is indemnified and shall be held harmless for any damages resulting to any person or property resulting from this waiver. 5. The consideration for this agreement is $1.00 and other good and valuable consideration, the receipt of which is acknowledged by the undersigned. Property Owner(s) Agreeing to Solar Waiver R I C D K. e M (w y t M AS`nq-i til f Signature f Date 1,2-11,1 Signatur Date c~• State of Oregon ) County of Jackson ) On this Z ~ day of 20 efore me pers lly appeared, RIOT i6b k . I AS- j Al ~ NO NUY MUj A whose identity was proven to me on the basis of satisfactory ev' ce b person(s) whose name(s) is (are) subscribed to this instrument, and a (!ia SAL - DusTQN DES - 1r1R>✓1~ i~ NOTARY PU9 s.'-oo ota is O G0 1 ry u for gon Commission Expiration Date I 00MI~IS3ION N® -4~0 4 I i M9~f®H~ISS!®tJ EMPIR~3 AUGUST' X~, 1'?' 4 Approved by City of Ashland Planning Staff ti Date 612.5 20! y This is the Legal Description of Property Agreeing to Solar Waiver from sheet 1 of SOLAR ACCESS WAIVER AGREEMENT attachment, as found in the County Records. I 96413 E IT A TRACT Ae (227 Granite Street, Ashland, Oregon) Beginning at a point on the westerly line of Granite Street in the City of Ashland, Jackson County, Oregon, 660.00 feet South and 344.55 Feet (record 5.62 chains [370.92 feet]) of the quarter section corner between Sections 8 and 9 in Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon; thence West 175.00 feet; thence North 99.54 feet; thence East 165.46 feet to the westerly line of Granite Street; thence along said street line, South 5°30' East 100.00 feet to the point of beginning. EXCEPTING THEREFROM the North 20.00 feeet as measured on the west line thereof., (Code 5-01, Account #1-006075-1, Map #391E08DA, Tax Lot #1201 i TRACT R: (114 Granite Street, Ashland, Oregon) Parcel No. Two (2) of Partition Plat recorded August 31, 1998, as Partition Plant No. P-57-1998 of "Record of Partition Plats" in Jackson County, Oregon, and filed as Survey No. 15863 in the Office of the County Surveyor. 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I I _ _ e II 0 N ! i I d EASEMENT FOR WORE+`5/Er.~ESS ~ \ I I 1 9 -------------J II maN pasodoad uaoai _ mopegs jsagea.a'P r bz a mopegs aoue 1004,9 ,s-,s L ueuaa~a-6uionpoud mopeqs IsegDIH pue ~oeq~a5 p efiapis i E 7-T~ I I \ 00 X X s ..F, W OL W p~[1t1 Qv , ~a < v H Ul ~j=mlu ~ ~ Z ~ ~pCdll\1= j ® l(1 ..W vlV U1 4a :~9 b L (V N 43 ~p d Q (V,Om4vK- W 0 0 0 6 Q .86'Ob p a~~~~ a~ ® ©w~[a IL z iii lu?z~tu -v-W V ~`"ocva u, z :Id Q OL m OC u[ _r~o rte. . ~ ~ f - - - - - _ - I,~ _1 1 ~ 1 i._. ~ 1 ~ r~ - ~ ~ -I--.~-. i i F = ~ - w ~ I i. Ir 1 ~ - '..1 11 _ i i i 1 i i ! i i i _ ~ ~ Date Received (to be completed by staff) Applicant's Statement of Completeness (To be coinpleted by the Applicant and returned to the City of Ashland Planning Division) Re; PA-2014-00458, 233 Granite Street Date Application Expires: September 20, 2014 Pursuant to an Incompleteness Determination, I, the undersigned applicant or agent for the applicant, ele is o e of the three options below by initialing: ( 1. Submit All of the Missing Information Tit/ILil (f cjEC/GL~~ I am submitting all of the information requested in the Incompleteness Determination letter. Unless checked below, I am requesting that the City of Ashland Planning Division review this additional information within 30 days of submission to determine whether the application is complete. I understand that this 30-day review for completeness period for the new information preserves my opportunity to submit additional materials, should it be determined that the application is still incomplete after the second review. (Note: the 120-day period for the City of Ashland's final determination of compliance witli applicable criteria does not commence until the additional review for completeness period is completed) Clieck if C'csired ❑ . I waive further review of the information submitted for completeness and direct review of the information submitted for compliance with.the Community Development Code criteria, regardless of whether the application is, in fact, later determined by the staff to be incomplete. I understand that by checking the above statement the application will be evaluated based upon the material submitted and no notice of any missing information will be given. If material information is missing from the application, the application will fail to meet the burden of showing that all criteria are met, and the application will be denied. I Community Development Dept. Tel: 541552-2040 20 E. Main Street Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 w omashland.arms derek.severson(o),ashland.or.us i r a i i ' f ~ ~ ~ ' ~ ~ i I j ~ ~ ~ ~ ,'I I I a~ ~ I ~ ,~a ~ ~ ~ ,i ~ ~ ~ ~ _ t ~ _ ~ -:~`3 I _ Y t i I - i ~ i i i ~ i I ~ ~ ~ { ~ ~ _ e , i ~ - _ `i . ~ r ~ ~ l uo~~onu4suoo maN pasodoad wou; mopeye asaaeaug bz ® MOPL749 aoua; aoo;,9 „z-,s L 'auewaja 6ulonpo.id mopeys 199401H Put? ~oegaa pae apis ; s GRANITE ST . A ~ or) s N N s O u 2 - - MM \ o n 3 ~ F- f MM W U X W 1 v o u a Qo x: ° o iU V w< F9 Lo , t oC n~ Lm m t- zz zw~ aFw .>3: < Qm~..w ~Naorrom vI-6M . U1 ,bs•bL > W .•pb K '.49'bL O O W Q F N ~wotf a 1J1 z LU w w { \ W Z v F Xo j z d Y Ui \ o"~....... \ N on maN pasodoad woa; mops4s gsagsau9 .j, z ® mops4s aoua1004.9 „z-,s 1 'auswaja 6upnpo,id mop194s Is04DIH pus ~osgaa pas ap15 ~ ; .9-,a l GRANITE ST Lel co o 1 r d' N N t a° zo. ~ 4 o X lu v ,z %b z Q l ~ to F 1 O dl 1 d )t-- Q zW u t Id it, ZUltna}4q- # 1- to xi 3 aQ \ \ ..Mow 0mraa ~aNof-~ql lL Om m t Q tuft 4fi'bL ~ O Q~ 0 W Q ' n fL ul l ` V 10{-NNKc1 It v; rn ~ s N a' N ® O 12 1-7 1 68.83 t e~ XISTIN ~ SIB NE o , fL 114 'LAN - EXHIBIT l- ail _ _ - i ~NITF- STREET 41TE STREET L• k~. ASHLANP CHAR WAGNER APCHITECT . 1 1 85.03' - Proposed New G®netruati®n ~p o 1' o ll I ~7 } e •uoi~ona~suo~ maN pasodoad woa; mopegs Isaleaae otrz a mopoHs aouad 1004,9 •Jueua919 6uionpoud mopeye IGOHDIH pue oegja pae apis l ST t T - 000,2 I F -`7 o r, II ~ ~ - o ~ ' II III t ~~a ~ II li I I Its i ~ o { o ~ Z Q I I OR lu d) lu z M ~ v z cc L J w ra llC ~ o in OL . ' Z Ill to } Ur ~ Z~-Za Z ®m w- cmv N o cvVm flL " s 4 11.E IL Q fj ~O 1L ® o iuQ 45'6L 7- -A lu %a W t- z Q 4 t(1 H Vin m K ry V UJ z _ - d - - OL m w; i J Q ' 7 k S 1 T ~ t1 2 t 1~ ~K ~F ! r'4 tj1~F!~ y ~Y 4` t f 4-3 1 k i i e i April 4, 2014 Richard Wagner, Architect 315 Avery Street Ashland, OR 97520 RE: Incompleteness Determination for PA-2014-00458 233 Granite Street Dear Mr. Wagner, I have reviewed the submittals for your application received on March 24, 2014 for a Solar Variance for the property located at 233 Granite Street. After examining the materials presented, I have determined that the application is incomplete because the plans submitted do not meet the application requirements for a Solar Variance. Incomplete applications are subject to delay in accordance with ORS 227.178. The application cannot be further processed and deemed complete until the missing information described below is submitted, or the applicant indicates that the missing information will not be provided. Scalable Exhibit Drawings - The drawings provided as exhibits note that they are reduced as needed and not to scale. Scalable (and readable) drawings are needed both for staff to assess the impacts of the proposed building in reviewing the application, and as a binding legal document when recorded. Similarly, the conceptual drawings of the home need to be scalable and legible as the specific structure and design proposed will be both a basis for the review and, if approved, a condition of the approval. Staff cannot further review the application without scalable drawings. Required Pre-Application - More broadly, there are some issues which appear likely to require a pre-application conference before an application can move forward. Hillside Development Permit Likely Required: City GIS data suggests that the area where new construction is proposed has slopes in excess of 25 percent, and in some places in excess of 35 percent. While it is not entirely clear from the drawings submitted, which are not to scale, it appears that the new development proposed would disturb these slopes triggering a Hillside Development Permit and/or a Permit for Development of Hillside Lands with Severe Constraints. This would require a separate land use action, and a pre-application would be necessary prior to its submittal. (Given the nature of the application, we could likely schedule a pre-application outside the regular timeline to avoid delays, as other city departments 1vould likely have little to comment about.) Demolition Review Permit Likely Required: While it isn't entirely clear from the materials provided, it appears that the proposal involves the demolition of the existing home and construction of a new home. This would first require approval of a Demolition/Relocation Community Development Dept. Tel: 541-552-2040 f r l 20 E. Main Street Fax: 541-552-2050 1 Ashland, Oregon 97520 TTY: 800-735-2900 - WW derek.se Review Permit through the Building Division. While this is a su-nilar process to the land use application for a Solar Variance (i, e. it requires an application submittal 7i,ith i,witten findings and fees, along ivith notice to neighbors, and has the potential for appeal) it is a separate process. If demolition is to be pursued and a new home constructed, the Planning Commission has generally taken the position that new homes should be able to meet the requirements of the Solar Access Ordinance through careful design and placement, and it has been difficult to obtain a Variance in such instances. It could be similarly difficult to approve a Solar Variance if it were seen as enabling the development of Severe Constraints Lands where the codes in place generally seek to limit development disturbance. I To continue review of your application, you must select and complete one of the following three options: 1. Submit all of the missing information; 2. Submit some of the requested information and give the City of Ashland Planning Division written notice that no other information will be provided; or 3. Submit written notice to the City of Ashland Planning Division indicating that no other information will be provided. Please note that failure to complete one of the three options within 180 days of the original application submittal date of March 27, 2014 will result in your application being deemed void. The application will be deemed void if the additional information is not submitted by September 20, 2014. Planning staff will expedite review of the requested materials once they are received. I have enclosed a form, entitled the "Applicant's Statement of Completeness". Please review the enclosed form and return it to me with any additional material you will be submitting. Your application will not be further processed until the Applicant's Statement of Completeness form is completed and received by the City of Ashland Planning Division. If you have questions, please don't hesitate to contact me at 541-552-2040 or via e-mail to Regards, Derek Severson Associate Planner Encl: Applicant's Statement of Completeness Cc: File, owners Community Development Dept. Tel: 541-552-2040 20 E. Main Street Fax: 541-552-2050 ( j Ashland, Oregon 97520 TTY: 800-735-2900 _ a: derek.sev Date Received Applicant's Statement of Completeness (to be completed by staff) (To be completed by the Applicant and returned to the City of Ashland Planning Division) Re: PA-2014-00458, 233 Granite Street Date Application Expires: September 20, 2014 Pursuant to an Incompleteness Determination, I, the undersigned applicant or agent for the applicant, elects one of the three options below by initialing: 1. Submit All of the Missing Information (Initial if C:Icctcd) I am submitting all of the information requested in the Incompleteness Determination letter. Unless checked below, I am requesting that the City of Ashland Planning Division review this additional information within 30 days of submission to determine whether the application is complete. I understand that this 30-day review for completeness period for the new information preserves my opportunity to submit additional materials, should it be determined that the application is still incomplete after the second review. (Note: the 120-day period for° the City of Ashland's final determination of compliance with applicable criteria does not commence until the additional review for completeness period is completed ) Check if desired ❑ I waive further review of the information submitted for completeness and direct review of the information submitted for compliance with the Community Development Code criteria, regardless of whether the application is, in fact, later determined by the staff to be incomplete. I understand that by checking the above statement the application will be evaluated based upon the material submitted and no notice of any missing information will be given. If material information is missing from the application, the application will fail to meet the burden of showing that all criteria are met, and the application will be denied. community Development Dept. Tel: 541-552-2040 20 E. Main Street Fax: 541-552-2050 Ashland, Oregon f (1\ 97520 TTY: 800-735-2900 derek.severso s 2. Submit Some of the Requested Information: Decline to Provide Other Information (I17ilial iff/eclcco I am submitting some of the information requested and declining to submit other information requested in the Incompleteness Determination letter. I understand that by declining to submit all information the City of Ashland believes necessary, the Ashland Planning Division may conclude that the applicable criteria are not met and a Denial will be issued or recommended. 3. Decline to Provide any of the Requested Information (Ir7ilial if clecicd) I decline to provide any of the information requested. I understand that the Community Development Department may conclude that the applicable criteria are not met and a Denial will be issued or recommended. I Signed and Acknowledged (Applicant or Applicant's Agent) Date Return to: City of Ashland Planning Department Attn: Derek Severson c/o 20 E. Main St. Ashland, OR 97520 Community Development Dept. Tel: 541-552-2040 20 E. Main Street Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www,ashland,or.os derek.severso C GRANITE ST A J d. 4:0 r 3 Q W 3 V W lu N m x Wt- tu 41wjy. r' \ 0 m~Qw0~ \ r m N pi m 11 Vy x p a \ JU t} a n tr a W oot lu M Q 0. WO IL > W ry 13 v. .\A \ v v A v V ll1 0 K \ z-: ~m \ \ \ \ ttt z 4 uFi \ \ \ a~ vA ` \ v v` lu Cl \ \ l ~ \ \ ` fIi VN, 4-1 \ N L r \ i I `j I~ 1 j 1 01- ~1 r w L.-. _--s-`=sue \1 is 6 o I 1 i I F f i IChAKD AGNEKAKaITECT 315 Avery Street, Ashland, Oregon 97520 • (541) 482-5482; rwa25urf@m1nd.net Date: March 21, 2014 To: Planning Director, Planning Department, City of Ashland Re: Solar Access Waiver: Findings for: 233 Granite Street Ashland, Oregon To Whom It May Concern: Findings: 18.70.060 Variances A. Variances to this Chapter shall be processed as a Type I procedure, except that variances granted under subsection B of this Section may be processed as a Staff Permit. (Ord. 2484 S3,1988) B. A variance may be granted with the following findings being the sole facts considered by the Staff Advisor: 1. Included with the City's release/application form. 2. a. The variance does not preclude the reasonable use of solar energy on the site by future buildings: The site agreeing to the Solar Waver is a relatively standard residential site (see plot plan attached) with the proposed new building shading the property approximately 5% beyond the allowable (Lot Classification, Solar Set-back Standard A), and only in one specific portion of the site. Therefore this proposal does not preclude the reasonable use of solar energy on the site. 2. b. The variance does not diminish any substantial solar access which benefits a habitable structure on an adjacent lot: The allowable shaded area, as provided for by Lot Classification, Solar Setback Standard A, and as shown on the attached Plot Plan, shades the property more than 2 times that of the additional shadows created by the proposed structure of the property requesting the Solar Waiver, and does not affect the Page 2 (Findings, cont.) habitable structure at all. Therefore, this proposed building does not diminish any substantial solar access to the habitable structure on the adjacent lot. c. There are unique or unusual circumstances which apply to this site which do not typically apply elsewhere; In addition to statements given in (a.) and (b.) above, regarding the reasonable use of solar energy, and the minimizing of the diminishment of any substantial solar access, it must be noted as illustrated in the solar shade diagram, that this adjacent site has and will maintain the majority of its existing access to solar energy. While the site agreeing to the Solar Waiver is a relatively standard sized lot (.31 Ac.) with the new solar shadow produced from the proposed new structure, the remaining solar access will be 95% of the total lot area, and therefore fulfills the purpose and intent of this ordinance. Also of note, the existing structure, property agreeing to the Solar Waiver, will not be affected as to the potential for collecting solar energy on its south facing roof areas. The proposed residence design requesting the solar waiver does not interfere with nor diminish the economic value of solar radiation falling on the existing residence, nor will it reduce the use of solar energy systems, now or in the future. (See 18.70.010 Purpose and Intent). The proposed development of the site requesting the Solar Access Waiver faces the unique and somewhat unusual circumstances of a restricted building-site area due to established ingress and egress easement, the topography of the remaining areas, and the keeping with the highest and best use aspects of an historically established residential neighborhood. The proposed building design has incorporated a classic 2-story Shingle-style home, with a Garage to the rear and is doing so while keeping within the existing, established building area. Each site has its own uniqueness with regards to these issues and together the intent and purpose of this ordinance is upheld. END OF FINDINGS too e LII NAM v on ' t11 z a O r~ r ZONING PERMIT APPLICATION, Planning Division 51 Winburn Way; Ashland OR 97520 FILE CITY OF 541-488-5305 Fax 541-488-6006 ASHLAND „ DESCRIPTION OF PROJECT DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? 11 YES ❑ NO Street Address Assessor's Map No. 391 E Tax Lot(s) Zoning Comp Plan Designation APPLICANT Name Phone E-Mail' Address City Zip' PROPERTY OWNER Name Phone E-Mail Address City Zip SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT, OTHER Title Name Phone- E-Mail Address City Zip Title Name Phone E-Mail Address City Zip 1 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. L further understand that if this request is subsequently contested, the burden will be on me to . establish, 1) that 1 produced sufficient factual evidence at the hearing to support this request; .2) that the findings of fact fumfshed justifies the granting of the request; 3) that the findings. of fact furnished by me are adequate; and further 4) that all structures or improvements are properly located on the ground. Failure in-this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to be removed a.t my expense. If I have any doubts, I am advised to seek competent professional advice and assistance. Ap •licant's Signature Date As owner of property invo/u d in this request, I have read and understood the complete application and.its consequences to me as a property owner. P Pr p• e Owner' Sig ture (required) Date fro be completed by City staAj Date Received Zoning Permit Type Filing Fee $ } OVER 0 Job Address: 233 GRANITE ST Contractor: ASHLAND OR 97520 Address: C A Owner's Name: KRIS/HEIDI JACOBSON O Phone: P Customer 01368 N State Lie No: P RICHARD WAGNER T City Lie No: L Applicant: 315 AVERY ST R Address: ASHLAND OR 97520 A C C Sub-Contractor: A Phone: (541) 482-5482 T Address: N Applied: 03/24/2014 0 T Issued: R Expires: 09/20/2014 Phone: State Lie No: Maplot: 391 E08DA1300 City Lie No: DESCRIPTION: Solar waiver 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 Solar Setback Variance 998.00 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 CITY O F Inspection Request Line: 541-552-2080