HomeMy WebLinkAboutGreat Oaks_574_PA-2016-00143
CITY
March 9, 2016
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Notice of Final Decision
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On March 7, 2016, the Community Development Director approved the request for the following:
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Planning Action: PA-2016-00143
Subject Property: 574 Great Oaks Drive
Applicant: Temple Ashbrook
Description: A Variance request to reduce, by less than 50 percent, the standard setback
for a rear property line on the subject property. The development proposal would allow the
expansion of an existing elevated deck approximately four foot and seven inches into the standard
10-foot rear yard setback at 574 Great Oaks Drive. COMPREHENSIVE PLAN
DESIGNATION: North Mountain Single-Family Residential; ZONING: NM-R-1-5;
ASSESSOR'S MAP: 39 lE 04DA; TAX LOTS: 2200.
The Community Development Director's decision becomes final and is effective on the 12" 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 Mark Schexnayder in the Community
Development Department at (541) 488-5305.
cc: Parties of record and property owners within 200 ft
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COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050 ( \ 1
Ashland, Oregon 97520 TTY: 800-735-2900 \ 1
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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 i
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 `f'
decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse f
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
18.5.1.050,13.
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. Time 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 ofNotice 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 `
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ASHLAND PLANNING DIVISION, j
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FINDINGS & ORDERS
PLANNING ACTION: PA-2016-00143
SUBJECT PROPERTY: 574 Great Oaks Drive
OWNER/APPLICANT: Temple Ashbrook
DESCRIPTION: A Variance request to reduce, by less than 50 percent, the standard
setback for a rear property line on the subject property. The development proposal would allow
the expansion of an existing elevated deck approximately four foot and seven inches into the
standard 10-foot rear yard setback at 574 Great Oaks Drive.
COMPREHENSIVE PLAN DESIGNATION: North Mountain Single-Family Residential;,
ZONING: NM-R-1-5; ASSESSOR'S MAP: 39 lE 04DA; TAX LOTS: 2200.
SUBMITTAL DATE: January 22, 2016
DEEMED COMPLETE DATE: February 2, 2016
STAFF APPROVAL DATE: March 9, 2016
FINAL DECISION DATE: March 21, 2016
APPROVAL EXPIRATION DATE: September 21, 2017
DECISION
The subject property is approximately 4,792 square feet, oriented north/south and fronts the south side
of Great Oaks Drive. There is one structure on site, a 1,791 square feet main residence. The residence
was constructed circa 1999. The subject lot is zoned NM-R-1-5 and is consistent with the surrounding
zoning district. Off-street parking is provided in the garage.
The application is for a Variance to standard rear yard setback. The property owner proposes to build an
addition to an existing deck of approximately 88 square feet 4' x 22'). The proposed deck addition
would encroach approximately four feet and seven-inches into a 10-foot rear yard setback. Due to
circumstances on the property, the owner feels they cannot meet the rear-yard setback requirement of 10
feet.
The subject property is part of the Mountain Meadows Subdivision development. The Mountain
Meadows Homeowners Association owns the adjacent property to the rear of 574 Great Oaks, which is
designated as open space. Directly behind the existing dwelling the rear yard begins a down sloping
bank toward Kitchen Creek, which is approximately 45 feet beyond the rear property line. The bank
drops off steeply behind the residence at a 43 percent slope making the rear yard unusable for the most
part. The two residential properties abutting the subject property to the east and west are already
encroaching into the 10-foot standards rear yard setback. No trees are proposed for removal as part of
the application: The aforementioned circumstances lead Staff to believe that the application satisfies the
first two approval criterion in Ashland Municipal Code (AMC) section 18.5.5.050.
The applicant will benefit from having the use of an expanded deck area located in the rear yard of the
property situated above an area of the yard that would otherwise receive minimal use. In addition, it is
evident from aerial photography that several other properties adjacent to 574 Great Oaks have rear yard
setbacks that are less than the standard requirement, which could mitigate negative impacts in regards to
screening the deck addition from neighboring properties. Therefore, Staff has determined that, "the
proposal's benefits will be greater than any negative impacts", and thus satisfies approval criterion
number three AMC section 18.5.5.050.
PA #2016-00143
574 Great Oaks Drive/MMS
Page 1
The property owner is trying to accommodate small deck addition in order to have a more useable space
in the rear yard of a lot with unique circumstances. These include the location of the property adjacent to
the top of the bank along Kitchen Creek and a lack of usable rear yard area located under the proposed
deck addition. The applicant's have not requested a property line adjustment or partition, which affect
the proposed non-conforming setback. For no apparent reason does Staff believe that the requested
Variance is self-imposed. Therefore, the application satisfies approval criterion number four in AMC
section 18.5.5.050.
Overall, Staff feels that the applicant has addressed any potential negative impacts associated with the
proposed Variance. Due to the unique circumstances of the property, the proposal does not have any
apparent adverse affects on the livability of the impact area. After review of the application submittals,
Staff has decided that all applicable criteria have been satisfied.
The approval criteria for a Variance are described in AMC Chapter 18.5.5.050.A, as follows:
1. The variance is necessary because the subject code provision does not account for special or unique
physical circumstances of the subject site, such as topography, natural features, adjacent
development, or similar circumstances. A legal lot determination may be sufficient evidence of a
hardship for purposes of approving a variance.
2. The variance is the minimum necessary to address the special or unique physical circumstances
related to the subject site.
3. 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.
4. The need for the variance is not self-imposed by the applicant or property owner. For example, the
variance request does not arise as result of a property line adjustment or land division approval
previously granted to the applicant.
Planning Action #2016-00143 complies with all applicable City ordinances with the imposition of the
conditions attached below. Therefore, Planning Action #2016-00143 is approved. If any one or more of
the following conditions are found to be invalid, for any reason whatsoever, then Planning Action
#2016-00143 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 specifically
modified herein.
2. That the plans submitted for the building permit shall be in substantial conformance with those
approved as part of this application. If the plans submitted for the building permit are not in
substantial conformance with those approved as part of this application, an application to modify
the Variance approval shall be submitted and approved prior to issuance of a building permit.
3. That all exterior lighting shall be directed on the property and shall not directly illuminate
adjacent proprieties.
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Bill Moln Planning Director Daft /
Department f Community Development
PA #2016-00143
574 Great Oaks Drive/MMS
Page 2
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PA-2016-00143 391 E04AD 7900 eA-2016-00143 391 E04AD 8000 ! rA-2016-00143 391 E04AD 8200
WOOD DOUGLAS L TRUSTEE ET AL SKLENSKY ALDEN F TRUSTEE ET AL LENTFER JACK W TRUSTEE ET AL
539 MOUNTAIN MEADOWS DR 549 MOUNTAIN MEADOWS DR 813 PLUM RIDGE DR
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-GRUOL2016-00143 VICTOR ET AL 391E04DA 1000 j WPA-2016-00143 391 E04DA 1100 YNN-OWEN LISBETH TRUSTEE ET AL MILLER 391 E04DA 1200
i MILLER EDWARD R TRUSTEE
3707 SE COOPER ST 803 PLUM RIDGE DR 161 BROWNS RD
PORTLAND, OR 97202 ASHLAND, OR 97520 ! WILLIAMS, OR 97544
PA-2016-00143 391 E04DA 1300 PA-2016-00143 391 E04DA 1400 PA-2016-00143 391 E04DA 1500
TAYLOR JOEL S TRUSTEE. ET AL GOOZEE SHERWOOD TRUSTEE ET AL PEJSA ANTHONY W TRUSTEE ET AL
590 MOUNTAIN MEADOWS DR 595 GREAT OAKS DR 5353 BASELINE AVE
ASHLAND, OR 97520 ASHLAND, CA 97520 SANTA YNEZ, CA 93460
j
PA-2016-00143 391 E04DA 1600 PA-2016-00143 391 E04DA 1700 PA-2016-00143 391 E04DA 1900
PHILLIPS PAULA L TRUSTEE ET AL ASHBEY WILLIAM N TRUSTEE ET AL GOTTESMANN ELLINOR
785 N MOUNTAIN AVE 777 N MOUNTAIN AVE 769 N MOUNTAIN AVE
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-00143 391 E04DA 2000 PA-2016-00143 391 E04DA 2100 PA-2016-00143 391 E04DA 2200
TAYLOR TAMSIN C INTER VIVOS TRUST HALL BETHANY H TRUSTEE ET AL j ASHBROOK TEMPLE II AND LORETTA
594 GREAT OAKS DR 584 GREAT OAKS DR HYA ET AL
ASHLAND, OR 97520 I ASHLAND, OR 97520 1574 GREAT OAKS DR
ASHLAND, OR 97520
PA-2016-00143 391E04DA 2300 ! PA-2016-00143 391E04DA 2400 'PA-2016-00143 391E04DA 2500
HAYES HAROLD E& DONNA L REV I BOWMAN LEE ELLSWORTH TRUSTEE LUCAS WILLIAM E TRUSTEE ET AL
TRUST ET AL 554 MOUNTAIN MEADOWS DR 544 MOUNTAIN MEADOWS DR
814 MOUNTAIN MEADOWS j ASHLAND, OR 97520 ASHLAND, OR 97520
ASHLAND, OR 97520
PA-2016-00143 391 E04DA 2700 PA-2016-00143 391 E04DA 2800 PA-2016-00143
TAYLOR TAMSIN SPARTAN ASHLAND STELLA REAL j 574 GREAT OAKS
594 GREAT OAKS DR ESTATE LLC 3/q/2016 NOD
ASHLAND, OR 97520 j 66 WATER ST 200 20
ASHLAND, OR 97520
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AFFIDAVIT OF MAILING
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STATE OF OREGON )
County of Jackson )
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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 March 9, 2016 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 #2016-00143, 574 Great Oaks.
Si ture of Employee
DocumenQ 31812016
Planning Department, 51 Winb m Way, Ashland, Oregon 97520 C I T IF
1 541-488-5305 Fax:541-552-2050 www.ashland.or.us TTY:1-800-735-2900
ASHLAND
NOTICE OF APPLICATION
PLANNING ACTION: 2016-00143
SUBJECT PROPERTY: 574 Great Oaks Drive
OWNER/APPLICANT: Temple Ashbrook I
DESCRIPTION: A Variance request to reduce by less than 50 percent the standard setback for a rear property line
on the subject property. The development proposal would allow the expansion of an existing elevated deck
approximately four foot and seven inches into the standard 10 foot rear yard setback at 574 Great Oaks Drive.
COMPREHENSIVE PLAN DESIGNATION: North Mountain Single-Family Residential; ZONING: NM-R-1-5;
ASSESSOR'S MAP: 39 1 E 04DA; TAX LOTS: 2200.
L
NOTICE OF COMPLETE APPLICATION: February 2, 2016
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: February 16, 2016
MOUNTAIN MEADOWS DR
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SUBJECT PROPER
574 Great Oaks Drive
PA-2016-00143
1:600 y~ cry orI
1Inch =50 feet rq y~E ASHLAND
'Y 6lappinp s adrenal I. only m,d bears na v< -ty or eccurxy.
All1=,i a, eUUnur®, /xilidn, wfe- or toedway lo[eii,"
0 15 SD FUr lhoeld be inde
pmdcmy told voraod ro. ealaloeco eevor t-doe.
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 Staffs decision must
be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.108.040)
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application,
by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the
Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal
to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity
to allow this Department to respond to the issue precludes an action for damages in circuit court.
A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be
provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services
Building, 51 Winburn Way, Ashland, Oregon 97520.
If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305.
comm- ev p ammng ammng ctrons otlcmg o er ale Notices igns -2 - 3. ocs
VARIANCE
1 8.5.5.050
1. The variance is necessary because the subject code provision does not account for special or unique physical circumstances of
the subject site, such as topography, natural features, adjacent development, or similar circumstances. A legal lot determination
may be sufficient evidence of a hardship for purposes of approving a variance.
2. The variance is the minimum necessary to address the special or unique physical circumstances related to the subject site.
3. 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.
4. The need for the variance is not self-imposed by the applicant or property owner. For example, the variance request does not
arise as result of a property line adjustment or land division approval previously granted to the applicant.
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G:\comm-dev\planning0anning Actions\Noticing FolderWlailed Notices & Signs\2016\PA-2016-00143.docx
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AFFIDAVIT OF MAILING
f
STATE OF OREGON )
County of Jackson )
I'
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 February 2, 2016 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 #2016-00143, 574 Great Oaks Drive.
Signature of Employee
Document3 2/112016
i
PA-2016-00143 391 E04AD 7900 r'A-2016-00143 391 E04AD 8000 2016-00143 391 E04AD 8200
WOOD DOUGLAS L TRUSTEE ET AL SKLENSKY ALDEN F TRUSTEE ET AL LENTFER JACK W TRUSTEE ET AL
539 MOUNTAIN MEADOWS DR 549 MOUNTAIN MEADOWS DR 813 PLUM RIDGE DR
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
ET A 4DA 1000 PA-2016-00143 391 E04DA 1100 ' PA-2016-00143 391 E04DA 1200
GRUO PA-2016-00143 391 VICTOR
WYNN-OWEN LISBETH TRUSTEE ET AL MILLER EDWARD R TRUSTEE
3707 SE COOPER ST 803 PLUM RIDGE DR ( 161 BROWNS RD
PORTLAND, OR 97202 ASHLAND, OR 97520 1 WILLIAMS, OR 97544
j I
PA-2016-00143 391 E04DA 1300 PA-2016-00143 391 E04DA 1400 1 'PA-2016-00143 391 E04DA 1500
TAYLOR JOEL S TRUSTEE ET AL GOOZEE SHERWOOD TRUSTEE ET AL PEJSA ANTHONY W TRUSTEE ET AL
590 MOUNTAIN MEADOWS DR 595 GREAT OAKS DR 5353 BASELINE AVE
ASHLAND, OR 97520 ASHLAND, CA 97520 SANTA YNEZ, CA 93460
PA4016-00143 391 E04DA 1600 PA-2016-00143 391 E04DA 1700 PA-2016-00143 391 E04DA 1900
PHILLIPS PAULA L TRUSTEE ET AL ASHBEY WILLIAM N TRUSTEE ET AL GOTTESMANN ELLINOR
785 N MOUNTAIN AVE 777 N MOUNTAIN AVE 769 N MOUNTAIN AVE
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
I I
PA-2016-00143 391 E04DA 2000 PA-2016-00143 391 E04DA 2100 PA-2016-00143 391 E04DA 2200
TAYLOR TAMSIN C INTER VIVOS TRUST HALL BETHANY H TRUSTEE ET AL ASHBROOK TEMPLE II AND LORETTA
ET AL 1 584 GREAT OAKS DR 1 HYA ET AL
594 GREAT OAKS DR 1 ASHLAND, OR 97520 1 574 GREAT OAKS DR
ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-00143 391 E64DA 2300 1 PA-2016-00143 391 E04DA 2400- 1 'PA-2016-00143 391 E04DA 2500
HAYES HAROLD E& DONNA L REV BOWMAN LEE ELLSWORTH TRUSTEE LUCAS WILLIAM E TRUSTEE ET AL
TRUST ET AL ET AL 544 MOUNTAIN MEADOWS DR
814 MOUNTAIN MEADOWS 554 MOUNTAIN MEADOWS DR ASHLAND, OR 97520
ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-00143 391 E04DA 2700 ' PA-2016-00143 391 E04DA 2800 1 ' PA-2016-00143
TAYLOR TAMSIN SPARTAN ASHLAND STELLA REAL 574 GREAT OAKS
594 GREAT OAKS DR ESTATE LLC 2/2/2016 NOC
ASHLAND, OR 97520 66 WATER ST 200 20
ASHLAND, OR 97520 j
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NARRATIVE 7 ret as r. Ashland 97520
Revised Jan 22, 2016
I request a variance to the rear setback line of the existing single
family residence at 574 Great Oaks Dr. in Mountain Meadows to
allow expanding the 6'4" by 22'5" elevated deck at the rear to
make it 10'4" by 22'5". This deck is supported on posts
approximately ft. tall, with a bank that slopes down beyond the
deck. The existing 6'4" deck has a net clearance of only 5'10"
out from the house wall to the inside of the railing. This does not
allow enough room for a 3'6"patio table with four chairs around
it. The roof eave edge is aligned with the deck railing below. I
request a variance to reduce the rear setback to 5'3" (less than a
50% reduction in the setback) since the proposed deck expansion
into the setback is 4' 7" including the footings for added
supporting posts, and it will be wise to assume 4'9" in case a
footing has to be adjusted due to a conflict with boulders. (Please
see Exh. 4).
Attached are the following exhibits:
1. Vicinity map shows existing deck area and extension and
fact that neighboring deck at the rear corner of 584 Great Oaks
does not allow seeing the proposed deck extension at 574, so no
screening is needed.
2. Copy of aerial photo.
NOTE: I suggest sending Exh 1 and 2 and possibly Exh 5 to
neighbors.
3. Site plan shows topography contours and large trees.
4. Partial site plan shows boulders and proposed footings.
5. Rear elevation and side elevation/section.
6. Framing pages 1,2,3.
I respond to the requirements of Chapter 18.5.5 as follows:
1. The variance is necessary because the code provision does not
allow for special physical circumstances of TOPOGRAPHY,
NATURAL FEATURES AND ADJACENT DEVELOPMENT.
The two residences immediately adjacent to 574 Great Oaks Dr.
(564 and 584) both have rear walls that are closer to the rear lot
line than the standard 10' rear setbacks, as do other parts of the
North Mountain development. (Please see attached copy of aerial
photo Exh. 2). This is not a problem for me since it means no
screening is needed because of favorable sightlines. (See
comments above for Exhibit 1, vicinity map).
E
At the rear of these three residences is a downsloping bank with
the toe of the slope about 45' beyond the rear property line of
574, and about 20 `below the top of the slope, making the slope
about 43 degrees. The bank has many attractive moss covered
boulders, and the oaks and cottonwood trees beyond are very
attractive, but the existing deck is too small to truly enjoy them.
(Please see Exh. 3 and 4). The area on the bank below the
proposed deck extension has drip irrigation and kinnick-kinnick
ground cover and iris.
No removal of trees is planned in association with this variance
request. Existing trees will be safeguarded during construction.
574 Great Oaks is in compliance with Ashland's Firewise program,
with no conifers or pyrophytes closer than 75 feet (see Exh. 3
showing the 30 inch pine southwest of the closest house corner).
Also, about 3 or 4 years ago the City of Ashland's Firewise
consultant (Alli?) recommended placing 1/8inch by 1/8 inch
galvanized wire mesh over the lattice enclosing the area under the
deck to prevent leaves accumulating under the deck, and in case of
fire, to prevent large embers from causing problems. I installed
the mesh, and it has been very successful. (See Exh. rear
elevation)
Beyond the rear property line is open space owned by Mountain
Meadows and marked OPEN SPACE on the attached map. This
map also shows the sewer access easement beyond the bottom of
the rear down slope.
It seems reasonable to me to allow the deck expansion and reduce
the rear setback to 5 feet 3 inches considering these special
physical circumstances.
2. The requested variance of reducing the rear setback to 5'3" is
the minimum reasonably required to allow the proposed deck
expansion.
3. The requested variance will benefit me and any future buyer of
574 Great Oaks with a deck of adequate size to be useful in
enjoying the awesome outdoors. The existing deck is too
small. I can not imagine any negative impacts from expanding
an elevated deck over a sloping bank which is designated as
open space. This request's benefits will further the intent of
the ordinance and the Comprehensive Plan of the City of
Ashland.
4. The requested variance is not self imposed and is not made to
resolve any possible prior problem.
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Planning Division ZONING IT APPLICATION
CITY 51 Winburn Way, Ashland OR 97520 FILE '1
ASHLAND Of 541-4EE-5305 Fax 541-4EE-6006 -
DESCRIPTION OF PROJECT a'i/NCr 7Z,27/&
DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? â YES â NO
Street Address 57ZI
Assessor's Map NAAo.~~ 391 E Tax Lot(s) '?_ao(D
Zoning Comp Plan Designation
APPLICANT,
Name 44, 7Z-_64 Pe ~ .~r? I!;eZe%?e Phone E-Mail `O-'17/e
Address :57-Y G a *4- ~2 City 4.5,ql .N~ 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
i
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. 1 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 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 xpense. If have any doubts, l am advised to seek competent professional advic and assistance.
Applicant's Sig a re Date
As owner of the property involved in this request, l have read and understood the complete application and its consequences to me as a property
owner.
Property per's Signature (required) Date
[To be completed by City StaflJ
r`" ~ rr (~j
Date Received Zoning Permit Types Filing Fee $ t,
OVER N
GAcomm-deOplanningTPonns & Handouts\Zoning Permit Application.doc
ff~7,
i
Job Address: 574 GREAT OAKS DR Contractor:
ASHLAND OR 97520 Address:
C
A Owner's Name: ASHBROOK TEMPLE II TRUSTEE 0 Phone:
P Customer 06733 N State Lic No:
P ASHBROOK TEMPLE II TRUSTEE T City Lic No:
L Applicant: 574 GREAT OAKS DR R
Address: ASHLAND OR 97520 A
C C Sub-Contractor:
A Phone: T Address:
N Applied: 01/22/2016 0
T Issued:
Expires: 07/20/2016 R Phone:
State Lid No:
Maplot: 391E04DB117 City Lic No:
i
DESCRIPTION: Type 1 variance
i!I
j;
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) 1,012.00
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
Inspection Request Line: 541-552-2080 CITY OF