HomeMy WebLinkAboutNMountain_39_PA-2015-00659
CITY F
ASHLAND
May 22, 2015
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Notice of Final Decision
On May 21, 2015, the Community Development Director approved the request for the following:
Planning Action: PA-2015-00659
Subject Property: 39 N. Mountain Ave.
Applicant: Ayala Properties
Description: A request for a Solar Setback Variance for the new unit under construction at 39
N. Mountain Avenue to cast a shadow on the property to the north more than permitted by ordinance. The
property owner to the north affected by the shadow has agreed to the additional shadow area.
COMPREHENSIVE PLAN DESIGNATION: Low-Density Multi-family; ZONING: R-2;
ASSESSOR'S MAP: 39 1E 09AD TAX LOT: 709.
The Community Development Director's decision becomes final and is effective on the 12th day after the
Notice of Final Decision is mailed. Approval is valid for a period of 18 months 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) 18.5.1.050(F)
and/or file an appeal to the Ashland Planning Commission as provided in ALUO 18.5.1.050(G). 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 Amy Gunter in the Community
Development Department at (541) 488-5305.
cc: Property owners within 200 ft
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050 ?
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us A,
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SECTION 18.5.1.050 Type I Procedure (Administrative Decision with Notice)
E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to
subsection 18.5.1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision.
F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below.
1. Any party entitled to notice of the planning action, or any City department 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.
2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall
decide within three days whether to reconsider the matter.
3. If the 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 days to affirm, modify, or reverse
the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any
party entitled to notice of the planning action.
4. 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.
G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following:
1. Who May Appeal. The following persons have standing to appeal a Type I decision.
a. The applicant or owner of the subject property.
b. Any person who is entitled to written notice of the Type I decision pursuant to subsection
18.5.1.050.B.
c. Any other person who participated in the proceeding by submitting written comments on the application to the
City by the specified deadline.
2. Appeal Filing Procedure.
a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.050.G.1, above, may
appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of
this subsection. 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. If an appellant prevails at the
hearing or upon subsequent appeal, the fee for the initial hearing shall be refunded.
b. Tune for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of
decision is mailed.
c. Content of Notice of Appeal. The notice of appeal shall be accompanied by the required filing fee and shall
contain.
i. An identification of the decision being appealed, including the date of the decision.
ii. A statement demonstrating the person filing the notice of appeal has standing to appeal.
iii. A statement explaining the specific issues being raised on appeal.
iv. A statement demonstrating that the appeal issues were raised during the public comment period.
d. 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.
3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before
the Planning Commission. The appeal shall not be limited to the application materials, evidence and other
documentation, and specific issues raised in the review leading up to the Type I decision, but may include other
relevant evidence and arguments. The Commission may allow additional evidence, testimony, or argument
concerning any relevant ordinance provision.
4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type II public hearing procedures,
pursuant to section 18.5.1.060, subsections A - E, except that the decision of the Planning Commission is the final
decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the
adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of
Appeals, pursuant to ORS 197.805 - 197.860.
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us \
ASHLAND PLANNING DIVISION
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FINDINGS & ORDERS
PLANNING ACTION: PA-2015-00659
SUBJECT PROPERTY: 39 N. Mountain Ave. j
OWNER/APPLICANT: Ayala Properties
DESCRIPTION: A request for a Solar Setback Variance for the new unit under construction
at 39 N. Mountain Avenue to cast a shadow on the property to the north more than permitted by
ordinance. The property owner to the north affected by the shadow has agreed to the additional shadow
area. COMPREHENSIVE PLAN DESIGNATION: Low-Density Multi-family; ZONING: R-2; E
ASSESSOR'S MAP: 39 lE 09AD TAX LOT: 709;
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SUBMITTAL DATE: April 9, 2015
DEEMED COMPLETE DATE: April 27, 2015
STAFF APPROVAL DATE: May 21, 2015
FINAL DECISION DATE: June 3, 2015
APPROVAL EXPIRATION DATE: December 3, 2016
DECISION
The subject parcel is located at 39 Mountain Avenue and is part of the Northridge Condominium
complex that is currently under construction. The unit is parallel to the alley and is the last unit of the
four-plex, furthest west from the Mountain Avenue. The subject site is part of a larger 12-unit
Performance Standards Subdivision that was approved in 2014 (PA2014-00367; 31 N Mountain
Avenue). The overall parcel is primarily rectangular and approximately 30,900 square feet in size. The
site slopes moderately downhill to the north at approximately four percent. During the subdivision
approval the property was held to a modified solar setback calculation to allow for shadows to encroach
up to four-feet on the wall of the adjacent dwelling within the complex. The shadow cast by this unit
falls across a property line with an adjacent property outside of the subdivision.
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 proposed to be cast by the new residence.
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 a portion of the side and rear yard setback areas. The application further asserts that
the neighbors are fully supportive of the request.
The application emphasizes that the property to the north has and will maintain the majority of its solar
access in its yard areas and the shadow does not impact the existing structure or any future additions.
The criteria for a Solar Access Variance are described in AMC Chapter 18.4.8.020.C, as follows:
1. Solar Setback Exception. The approval authority through a Type 1 review pursuant to section 18.5.1.050
may approve exceptions to the standards in 18.4.8.030 Solar Setbacks if the requirements in subsection a,
below, are met and the circumstances in subsection b, below, are found to exist.
PA #2015-00659
39 N Mountain Avenue/adg
Page 1
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a. That the owner or owners of all property to be shaded sign, and record with the County Clerk on the
affected properties' deed, a release form supplied by the City containing all of the following
information.
i. The signatures of all owners or registered leaseholders holding an interest in the property in
question.
ii. A statement that the waiver applies only to the specific building or buildings to which the waiver is
granted.
iii. A statement that the solar access guaranteed by this section is waived for that particular structure
and the City is held harmless for any damages resulting from the waiver,
iv. A description and drawing of the shading which would occur,
b. The approval authority finds all of the following criteria are met.
i. The exception does not preclude the reasonable use of solar energy (i. e., passive and active solar
energy systems) on the site by future habitable buildings.
ii. The exception does not diminish any substantial solar access which benefits a passive or active
solar energy system used by a habitable structure on an adjacent lot.
iii. There are unique or unusual circumstances that apply to this site which do not typically apply
elsewhere.
The application with the attached conditions complies with all applicable City ordinances.
Planning Action #2015-00659 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 #2015-
00659 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 April 9, 2015. The amended building
submittals for Unit #9 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.
d /
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Molnar, Director Da e
Bill
,apartmert of Community Development
PA #2015-00659
39 N Mountain Avenue/adg
Page 2
PA-2015-00659 391 E09AD 2101 PA-2015-00659 391 E09AD 800 PA-2015-00659 391 E09AD 600
A P GROUP LLC ALTUNEL YASEM/JULIA M BLUE IRIS PROPERTIES LLC
317 N MAIN ST 2007 TALENT AVE A PO BOX 338
ASHLAND, OR 97520 TALENT, OR 97540 ASHLAND, OR 97520
PA-2015-00659 391 E09AD 1500 PA-2015-00659 391 E09AD 1300 PA-2015-00659 391 E09AD 2200
EDDINGTON MARY J EICHLER EVERETT B MC CARTNEY DENNIS E
1045 E MAIN ST 2645 THOMPSON CREEK RD 47 EMERICK ST
ASHLAND, OR 97520 APPLEGATE, OR 97530 ASHLAND, OR 97520
PA-2015-00659 391 E09AD 701 PA-2015-00659 391 E09AD 1200 PA-2015-00659 391 E09AD 1100
MEADOWBROOK TOWNHOMES LLC MEREDITH PATRICIA NEUMAN PROPERTIES &
132 W MAIN ST 202 4104 24TH ST 307 DEVELOPMENT LLC
MEDFORD, OR 97501 SAN FRANCISCO, CA 94114 953 EMIGRANT CREEK RD
ASHLAND, OR 97520
PA-2015-00659 391 E09AD 601 PA-2015-00659 391 E09AD 1401 PA-2015-00659 391 E09AD 900
RODRIGUEZ ROBERT ROGERS LARRY D/JOYCE W ROGERS LONNIE R TRUSTEE ET AL
61 N MOUNTAIN AVE 1065 MAIN ST E 7746 25TH ST
ASHLAND, OR 97520 ASHLAND, OR 97520 SACRAMENTO, CA 95832
i
PA-2015-00659 391 E09AD 2300 PA-2015-00659 391 E09AD 500 PA-2015-00659 391 E09AD 603
SISKIYOU SACRED SPACES LLC STAUDACHER JACK G ET AL TALENT PROPERTIES LLC
ALLENORTH PROPERTIES, LLC 88 EMERICK ST 64 N 3RD ST
PO BOX 1485 ASHLAND, OR 97520 ASHLAND, OR 97520
MEDFORD, OR 97501
PA-2015-00659 391 E09AD 1600 PA-2015-00659 391 E09AD 1400 PA-2015-00659 391 E09AD 501
WEISS PHILIP WHITE IRIS PROERTIES LLC WHITEHURST DAVID K
659 LIBERTY ST PO BOX 223 88 THEO DR
ASHLAND, OR 97520 ASHLAND, OR 97520 TALENT, OR 97540
PA-2015-00659 PA-2015-00659
URBAN DEVELOPMENT SERVICES ALAYA PROPERTIES
604 FAIR OAKS CT 604 FAIR OAKS CT
ASHLAND, OR 97520 ASHLAND, OR 97520
39 N Mountain
NOD 5/22/2015
20
AFFIDAVIT OF MAILING
STATE OF OREGON )
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, 2015 1 caused to be mailed, by regular mail, in a sealed I
envelope with postage fully prepaid, a copy of the attached planning action notice to C
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 #2015-00659, 39 N Mountain.,
Signature of Employee
Document? 5/2212015
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\ Planning Department, 51 Winburn Way, Ashland, Oregon 97520 CITY F
541-488-5305 Fax:541-552-2050 www.ashland.or.us TTY:1-800-735-2900
_
d L LAND
NOTICE OF APPLICATION
PLANNING ACTION: PA-2015-00659
SUBJECT PROPERTY: 39 N. Mountain Ave.
OWNERIAPPLICANT: Ayala Properties
DESCRIPTION: A request for a Solar Setback Variance for the new unit under construction at 39 N. Mountain
Avenue to cast a shadow on the property to the north more than permitted by ordinance. The property owner to the
north affected by the shadow has agreed to the additional shadow area. COMPREHENSIVE PLAN
DESIGNATION: Low-Density Multi-family; ZONING: R-2; ASSESSOR'S MAP: 391 E 09AD TAX LOT: 709.
NOTICE OF COMPLETE APPLICATION: April 27, 2015
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: May 11, 2015
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0 1020 40 Feet >~xny 6« k~se+y. n+xaraerThe Ashland Planning Division Staff has received a complete application for the property noted above.
Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn
Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above.
Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a
notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the
comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the
application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning
Division Staff's decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC
18.108.040)
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this
application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of
appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your
right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with
sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court.
A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be
provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services
Building, 51 Winburn Way, Ashland, Oregon 97520.
If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305.
GAcomm-dev\planning\Planning Actions\Noticing FolderWalled Notices & Signs\2015\PA-2015-00659.docx
EXCEPTION TO SOLAR SETBACKS
18.4.8.020.C Approval Criteria
C. Exceptions and Variances. Requests to depart from section 18.4.8.030 Solar Setbacks are subject to 18.4.8.020.C.1 Exception to the
Solar Setback, below. Deviations from the standards in section 18.4.8.050 Solar Orientation Standards are subject to subsection
18.5.2.050.E Exception to the Site Development and Design Standards.
1. Solar Setback Exception. The approval authority through a Type I review pursuant to section 18.5.1.050 may approve exceptions to
the standards in 18.4.8.030 Solar Setbacks if the requirements in subsection a, below, are met and the circumstances in subsection b,
below, are found to exist,
a. That the owner or owners of all property to be shaded sign, and record with the County Clerk on the affected properties' deed, a
release form supplied by the City containing all of the following information,
i. The signatures of all owners or registered leaseholders holding an interest in the property in question.
ii. A statement that the waiver applies only to the specific building or buildings to which the waiver is granted.
iii. A statement that the solar access guaranteed by this section is waived for that particular structure and the City is held
harmless for any damages resulting from the waiver,
iv. A description and drawing of the shading which would occur.
b. The approval authority finds all of the following criteria are met.
i. The exception does not preclude the reasonable use of solar energy (i.e., passive and active solar energy systems) on the site
by future habitable buildings.
ii. The exception does not diminish any substantial solar access which benefits a passive or active solar energy system used by
a habitable structure on an adjacent lot.
iii. There are unique or unusual circumstances that apply to this site which do not typically apply elsewhere.
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G:\comm-dev\planningTIanning Actions\Noticing FolderWailed Notices & Signs\2015\PA-2015-00659.docx
PA-2015-00659 391 E09AD 2101 PA-2015-00659 391 E09AD 800 PA-2015-00659 391 E09AD 600
A P GROUP LLC ALTUNEL YASEMMULIA M BLUE IRIS PROPERTIES LLC
317 N MAIN ST 2007 TALENT AVE A PO BOX 338
ASHLAND, OR 97520 TALENT, OR 97540 ASHLAND, OR 97520
PA-2015-00659 391 E09AD 1500 PA-2015-00659 391 E09AD 1300 PA-2015-00659 391 E09AD 2200
EDDINGTON MARY J EICHLER EVERETT B MC CARTNEY DENNIS E
1045 E MAIN ST 2645 THOMPSON CREEK RD 47 EMERICK ST
ASHLAND, OR 97520 APPLEGATE, OR 97530 ASHLAND, OR 97520
PA-2015-00659 391 E09AD 701 PA-2015-00659 391 E09AD 1200 PA-2015-00659 391 E09AD 1100
MEADOWBROOK TOWNHOMES LLC MEREDITH PATRICIA NEUMAN PROPERTIES &
132 W MAIN ST 202 4104 24TH ST 307 DEVELOPMENT LLC
MEDFORD, OR 97501 SAN FRANCISCO, CA 94114 953 EMIGRANT CREEK RD
ASHLAND, OR 97520
PA-2015-00659 391 E09AD 601 PA-2015-00659 391 E09AD 1401 PA=2015-00659 391 E09AD 900
RODRIGUEZ ROBERT ROGERS LARRY D/JOYCE W ROGERS LONNIE R TRUSTEE ET AL
61 N MOUNTAIN AVE 1065 MAIN ST E 7746 25TH ST
ASHLAND, OR 97520 ASHLAND, OR 97520 SACRAMENTO, CA 95832
PA-2015-00659 391 E09AD 2300 PA-2015-00659 391 E09AD 500 PA-2015-00659 391 E09AD 603
SISKIYOU SACRED SPACES LLC STAUDACHER JACK G ET AL TALENT PROPERTIES LLC
ALLENLLENORTH PROPERTIES, LLC gg EMERICK ST .64 N 3RD ST
PO BOX 1485
MEDFORD, OR 97501 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-00659 391 E09AD 1600 PA-2015-00659 391 E09AD 1400 PA-2015-00659 391 E09AD 501
WEISS PHILIP WHITE IRIS PROERTIES LLC WHITEHURST DAVID K
659 LIBERTY ST PO BOX 223 88 THEO DR
ASHLAND, OR 97520 ASHLAND, OR 97520 TALENT, OR 97540
PA-2015-00659 PA-2015-00659
URBAN DEVELOPMENT SERVICES ALAYA PROPERTIES
604 FAIR OAKS CT 604 FAIR OAKS CT
ASHLAND, OR 97520 ASHLAND, OR 97520
39 N MOUNTAIN
NOC 4/27/2015
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AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Jackson )
The undersigned being first duly sworn states that:
1. I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On April 27, 2015 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 #2015-00659, 39 N Mountain.
i
Signature of Employee
DocumeW 4/2712015
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&1UJ-<J=JAJNJ DEVELOPMENT SERVICES, LLC
LAND USE PLANNING AND DEVELOPMENT SERVICES
April 3rd, 2015
City of Ashland
59 Winburn Way
Ashland, OR 97520
Subject: Modification of PA-2013-01505 for a Solar Access Waiver: 39 N. Mountain
Avenue shadowing a portion of the rear yard of 50 Emerick Street (391E 09AD
709 and 800).
Please find attached the necessary documentation as required under Ashland Municipal Code
(AMC), Section 18.5.6.020, as it relates to the applicants request for a request to modify Planning
Action 2013-01505 to allow shadowing to the rear yard of 50 Emerick Street. The proposal also
includes all of the necessary documentation as required under 18.4.8.020 C. for a Solar Access
Exception.
The original proposal was for the construction of 12 multi-family units located at 31 North
Mountain Avenue. The units are currently under construction and at the time of this writing,
framing and some sheet rock application is occurring. However, during the initial walk-through of
the units and on-site analysis of the space, the applicant desires a minor modification to one of the
units, Unit #9 (western most unit along the alley), to allow for roughly 134 additional square feet
within the upstairs in order to improve the unit's livability. In doing so, the applicant is required to
apply for a modification of the original permit if it is determined by the Staff Advisor (AMC
18.5.6.030 A.6.) the "change to the floor plan is not in substantial conformance with the original
approval" and must address the applicable approval criteria of AMC 18.5.6.030 C. 1-3, as listed
below.
Major Modification Approval Criteria - AMC 18.5.6.030 C.
1. Major Modification applications are subject to the same approval criteria used for the initial
project approval, except that the scope of review is limited to the modification request. For
example, a request to modify a commercial development's parking lot shall require Site Design
Review only for the proposed parking lot and any changes to associated access, circulation, etc.
The request is relatively minor for an addition of roughly 134 square feet onto the second floor of
Unit #9. The proposal complies with all setbacks for rear and side yard areas, but does create the
need for a Solar Access Exception do to the fact the shadow of the proposed addition extends 15'-6"
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beyond the standard amount over the neighboring property line. That said, the initial approval
criteria was for a Outline Plan Approval and Site Review Permit - both of which have been inserted
below in bold text and responded to in "regular text" in order to clarify the applicant's justification.
Approval Criteria for Outline Plan - 18.3.9.040 A.3. The Planning Commission shall
approve the outline plan when it finds all of the following criteria have been met.
a. The development meets all applicable ordinance requirements of the City.
All applicable ordinance requirements of the City are being met. The addition will be
compatible with the rest of the units within the subdivision. In fact, the unit will be
substantially similar to the end units on Building #1 along North Mountain Avenue, except for
the chimney's chase.
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b. Adequate Ivey City facilities can be provided including water, sewer, paved access to
and through the development, electricity, urban storm drainage, police and fire
protection, and adequate transportation; and that the development will not cause a City
facility to operate beyond capacity.
The addition has no impact on City facilities.
c. The existing and natural features of the land; such as wetlands, floodplain corridors,
ponds, large trees, rock outcroppings, etc., have been identified in the plan of the
development and significant features have been included in the open space, common
areas, and unbuildable areas.
The addition has no impact on the site's natural features or impact as it relates to the site's
common areas as the addition's roof line does not extend beyond the roof line of the ground
floor.
d. The development of the land will not prevent adjacent land from being developed for
the uses shown in the Comprehensive Plan.
The addition will not prevent adjacent land from being developed for uses shown in the
Comprehensive Plan as the area in question is within a rear yard setback area, unbuildable
based on zoning code. The applicant and property owner have agreed to the additional
shadowing and have been on positive terms since the project's initial construction.
e. There are adequate provisions for the maintenance of open space and common areas, if
required or provided, and that if developments are done in phases that the early phases
have the same or higher ratio of amenities as proposed in the entire project.
The addition request is not applicable to this criterion.
f. The proposed density meets the base and bonus density standards established under
this chapter.
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The addition request is not applicable to this criterion as there is no change in the density.
g. The development complies with the Street Standards.
The addition request is not applicable to this criterion.
Approval Criteria for a Site Review Permit - old AMC Section 18.72.070
A. All applicable City Ordinances have been met or will be met by the proposed
development.
Other than the exception request noted hearing, all City regulations are or will be complied
with.
B. All requirements of the Site Review Chapter have been met or will be met.
As noted below, all requirements listed in the Site Review Chapter (18.72) have or will be
complied with prior to the completion of the construction. Specifically, the landscaping will be
irrigated and maintained, and light and glare concerns will be addressed with down lighting
and screening where necessary.
C. The development complies with the Site Design Standards adopted by the City Council
for implementation of this Chapter.
The applicants contend all of the standards noted within the Site Design Standards are or will
be complied with. Specifically Site Design & Use Standards, II-B for Multi-Family Residential
development:
2. A modification adding or altering a conditional use, or requiring a variance, administrative
variance, or exception may be subject to other ordinance requirements.
The applicant is requesting an exception to the Solar Access ordinance as noted previously and is
aware of this criterion.
3. The approval authority shall approve, deny, or approve with conditions the application, based
on written findings.
The applicant has submitted written findings herein as well as an explanation of the proposal. The
application complies with the intent of the City's Site Design and Use Standards, Multi-Family
Development Standards and Solar Access Ordinance as the proposed addition is roughly 134 square
feet in area and the additional shadow cast caused by the addition extends roughly 15'-6" beyond
the standard shadow line as illustrated on the attached Solar Access Shadow Plan (Exhibit B). The
applicant has gone through considerable efforts to design this multi-family development to address
the City's Design Standards, Minimum Density Standards, Zoning Standards and have added
extensive public improvements to upgrade this area. The applicant has also been working with
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various neighbors to address preexisting issues such as undergrounding of their electrical services,
added fencing and extended paving in areas beyond typical efforts. Regardless, the proposed
modification is di-minimus in terms of its design alteration as it fits perfectly into the fagade and its
shadow has little to no impact on the neighboring property to the north as it only shadows a small
portion of unbuildable yard area, al of which have been reviewed and approved by the neighboring
owners.
Solar Access Exception - 18.4.8.020 C.
The applicant is requesting the entitlement under Section AMC 18.4.8.020 C.1. (Exception to Solar
Setback), which states:
1. Solar Setback Exception. The approval authority through a Type I review pursuant to
section 18.5.1.050 may approve exceptions to the standards in 18.4.8.030 Solar Setbacks if the
requirements in subsection a, below, are met and the circumstances in subsection b, below,
are found to exist.
a. That the owner or owners of all property to be shaded sign, and record with the County
Clerk on the affected properties' deed, a release form supplied by the City containing all of
the following information.
i. The signatures of all owners or registered leaseholders holding an interest in the property in
question.
Attached is the signed Solar Access Waiver Agreement between applicant and the neighboring
property owner.
ii. A statement that the waiver applies only to the specific building or buildings to which the
waiver is granted.
The waiver applies only to the specific building to which the waiver is being applied for, Unit #9,
Ridgeview Place a PUD (Planned Unit Development).
iii. A statement that the solar access guaranteed by this section is waived for that particular
structure and the City is held harmless for any damages resulting from the waiver.
The solar access shadow granted by this section is proposes to only shadow unbuildable yard area
and not any specific structures habitable or otherwise. Regardless, the City of Ashland is held
harmless for any damages resulting from the waiver.
iv. A description and drawing of the shading which would occur.
Exhibit "B" attached illustrates the subject properties, outline of the proposed addition and the
shadow lines of the 6' fence placed on the shared property line as well as the additional shadow cast
beyond the 6' fence created by the proposed 134 square foot addition.
b. The approval authority finds all of the following criteria are met.
i. The exception does not preclude the reasonable use of solar energy (i.e., passive and active
solar energy systems) on the site by future habitable buildings.
The exception does not preclude the reasonable use of solar energy on the site by future habitable
buildings as the area being shadowed is not only within an unbuildable area of a rear yard (for
future habitable structures), but the shadow proposed is based on the Winter Solstice (December
21St) and thus the proposed shadow is actually lessened both the days before and after this date. The
shadow is very reasonable considering trees could be planted in this area that would cause a much
greater shadow pattern to be casted that dwarfs the applicant's request. Finally, a solar system
remains possible in various areas of the subject property, including elevated areas in the same area
as the proposed shadow boundary. In conclusion, the request does not preclude the reasonable use
of solar energy on the site by future habitable buildings.
ii. The exception does not diminish any substantial solar access which benefits a passive or
active solar energy system used by a habitable structure on an adjacent lot.
The exception does not diminish any substantial solar access which benefits a passive or active solar
energy system used by a habitable structure on the adjacent lot as none exist today and the subject
area to be shadowed is within an unbuildable area for habitable structures. Further, based on
communication with the neighboring property owner, no additional habitable structures are
proposed. Finally, as stated above, a solar system remains possible in various areas of the subject
property, including elevated areas in the same area as the proposed shadow boundary. In
conclusion, the request does not preclude the reasonable use of solar energy on the site by a
habitable building.
iii. There are unique or unusual circumstances that apply to this site which do not typically
apply elsewhere.
There are unique and unusual circumstances that apply to this site which do not typically apply
elsewhere simply do to the odd jog between the two subject properties. In general, the vast majority
of properties have paralleling property lines or boundaries that connect based on 90 degree (or
within a few degrees of) property lines. The odd jog appears to have been caused by a remnant of
property line adjustments based on the original platting of the Railroad District when the majority of
the properties were 25' wide, but multiple structures and homesteads were indiscriminately placed
and only until generations later and through property sales did the revised lines appear.
i
I
i
CITY Of &
ASHLAND
Community Development - Planning Department
20 East Main Street, Ashland, OR 97520
Phone 541-488-5303 Pax 541-488-6006
SOLAR ACCESS WAIVER AGREEMENT
Planning Action # 20Ie:_) 0CRL05n For County Use
Address of Property Requesting Solar Waiver r~ iU• % (t7o'M'T!} r ~dFuf~
Tax Lot # of Property Requesting Solar Waiver 3 ~ / ~ 017 ) 7 y
_ i
Address of Property Agreeing to Solar Waiver 0 z~y fZ i C_
(G
Legal Description of Property Agreeing to Solar Waiver (Attach, if necessary ) 3 `7 l',+
The undersigned, for themselves, their heirs, successors and assigns, consent to permit obstruction of their solar access
rights described in Chapter 18.70 of the Ashland Municipal Code on that portion of property in Township 39, Range 1 East,
Section D `1 A t) 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. L
Property Owner(s) Agreeing t Sol r Waivers 'f
Signature /I Date
Signature Date
t
State of Oregon )
County of Jackson )
On this = day of 20 l~ before me personally appeared, -~:C~.k'Y-X
whose identity was proven to me on the basis of satisfactory evidence to be the perso (srf ) whose name(s) is (are) subscribed to this instrument, and
acknowledged that he (she) (they) executed the same.
Notary Publi Oregon Co mission Expiration Date
OFFICIAL STAMP
10MBERLEY ANN MILLER
NOTARY PUBLIC-OREGON
---~-~C~MMtSGIE3N°N6-4~59't5A•
MY W109 0 EXPIRES FEEtZ11ARY 08, 2098
Approved by City of Ash an anning Staff Date
3
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G:lcomm-devWanningWons&HendoulslSoluWeiverAgreement.doo 9/312M
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91-1503`L
U-54945
FXMIT A
Parcel. No. One (1) of ptimr Partition Plat recorded the 20th day of January, 1994, as
Partition Plat No. P-6-1994 of "Record of Partition Plats" in Jackson County, Oregon, and
filed as Survey 03817 in the Office of the Jaduc3m County Surveyor.
(Code 5-1, Aooount HI-006362-1, Map 4391E09AD, Tax Lot #800)
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hardware, appliances, fixtures, and equipment noF clearly specified
all selections to be owner or general contractor approved prior to pt
and/or installing. Make no assumptions about materials based upoi
representations of patterns and/or textures in the drawings.
GEMENTITIOYS PANEL COMPOSITION SHINGLES, TYP.
IN GABLE, TYP. "DORMER' ROO SAT
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FIRST LEV. SETBACK ALL (SOUTH) ELEVATION
LOW-PITCH -METAL GUTTERS
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hardware, appliances, fixtures, and equipment nod clearly specified
all selections to be owner or general contractor approved prior to i
and/or installing. Make no assumptions about materials based up(
representations of patterns and/or textures in the drawings.
CEMENTITIOY5 PANEL
IN GABLE, T P. "DORMER" R015 AT COMPOSITION SHINGLES, TYP.
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l Planning Division ZONING PERMIT APPLICATION
L 51 Winburn Way, Ashland OR 97520
C' T V O F FILE
ASHLAND 541-488-5305 Fax 541-488-6006
DESCRIPTION OF PROJECT rrr r. _ - r d
DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? ❑ YES ❑ NO
Street Address _ ' `
Assessor's Map No. 39 1 E P t J `r Tax Lot(s)
Zoning / Comp Plan Designation vr. t` f
APPLICANT
Name jrt / z Phone / `1 ~ - q t,/ E-Mail #g-
e
Address 1 - ( City Zip" i
PROPERTY OWNER
Name Phone E-Mail
Address City Zip
SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT OTHER
Title - f
f -Name Phone Qi- E-Mail
Address City... Zip
Title Name Phone E-Mail
Address City Zip
I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects,
true and correct. 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
be removed at my expfnse. If ; aave any doubts,/ am advised to seek competent professional advice and assistance.
Applicant's Signature Date
As owner of the propert involved in this request,) have read and understood the complete application and its consequences to me as a property
owner.
Property Owner's Signature (required) Date
[fo be completed by City Staff]
Date Received Zoning Permit Type Filing Fee $
OVER 0
GAcomm-de0planningTorms & HandoutsVoning Permit Application.doc
Job Address: 39 N MOUNTAIN AVE Contractor:
ASHLAND OR 97520 Address:
C
A Owner's Name: LAZARO AYALA FAMILY TRUST O Phone:
P Customer 07306 N State Lic No:
L T City Lic No:
P MEADOWBROOK TOWNHOMES LLC
Applicant: 2138 DUNCAN DR R
Address: MEDFORD OR 97504 A
C C Sub-Contractor:
A Phone: (541) 944-1921 T Address:
N Applied: 04/09/2015 0
T Issued: R
Expires: 10/06/2015 Phone:
State Lic No:
Maplot: 391 E09AD700 City Lic No:
DESCRIPTION: modification to PA-2013-01505. 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 1,012.00
1 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
Inspection Request Line: 541-552-2080 CITY OF
LA