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HomeMy WebLinkAboutManzanita_124&128_PA-2016-00397 CITY F j 1 7,> May 2, 2016 I 1 Notice of Final Decision i On April 29, 2016, the Community Development Director approved the request for the following: I Planning Action: 2016-00397 Subject Property: 124 Manzanita/128 Manzanita Applicant: Richard Seltzer and Kathleen Mitchell Description: A Variance request to standard lot dimensions in conjunction with a property line adjustment between the side property lines of the subject lots. The variance would allow for a five and a half foot side yard setback for the structures located on the subject property. This planning , action is required as part of a Lot Line Adjustment concurrent with the reactivation of a previously dissolved lot line. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 391E 05DD; TAX LOTS: 5701. 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 Mark Schexnayder in the Community Development Department at (541) 488-5305. cc: Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 Winburn Way Fax: 541-552-2050 f Ashland, Oregon 97520 TTY: 800-735-2900 1- ' www.ashland.or.us i 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 18.5.1.050.6.1, 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 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: 541488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 ` 1tiww.ashland.or.us L; , \ rt i i i ASHLAND PLANNING DIVISION FINDINGS & ORDERS SUBJECT PROPERTY: 124 Manzanita Street/128 Manzanita Street APPLICANT/OWNER: Richard Seltzer and Kathleen Mitchell DESCRIPTION: A Variance request to standard lot dimensions in conjunction with a property line adjustment between the side property lines of the subject lots. The variance would allow for a five and a half foot side yard setback for the structures located on the subject property. This planning action is required as part of a Lot Line Adjustment concurrent with the reactivation of a previously dissolved lot line. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 39 lE 05DD; TAX LOTS: 5701. SUBMITTAL DATE: March 2, 2016 DEEMED COMPLETE DATE: March 25, 2016 STAFF APPROVAL DATE: April 29, 2016 APPEAL DEADLINE (4:30 P.M.) May 11, 2016 FINAL DECISION DATE: May 11, 2016 APPROVAL EXPIRATION DATE: November 11, 2017 DECISION The applicant's proposal involves one existing tax lot, 5701, in the 391E 05DD Assessor's map. There are two addresses associated with this tax lot including 124 Manzanita Street and 128 Manzanita Street. The subject property is within the R-1-7.5 (single family residential) zoning district as are the surrounding properties. There are two structures on the subject properly, a primary dwelling unit and an Accessory Residential Unit. Tax lot 5701 is currently 143.48 feet in depth on the west lot line and 85.81 feet in depth on the east lot line, oriented north to south, and 79.66 feet wide on the north lot line and 72.45 feet on the south lot line, oriented east to west. The area of the lot is 19,076 square feet. The existing lot coverage is 43.98% according to the applicant. The applicants are seeking a Property Line Adjustment concurrent with the reactivation of a previously dissolved lot line under Ashland Municipal Code (AMC) 18.5.3.120. Due to the location of the two existing residential structures on the lot, the adjusted property line will not meet the standard yard setbacks from those buildings. Therefore, a Variance to exceed the minimum standard side yard setback in the R-1-7.5 zone is required and is part of the application. The minimum standard side yard setback for the zone is six feet, as proposed, the side yard setback will be five and a half feet between the two existing structures and the proposed side yard property line to be adjusted. According to the application materials and planning records, tax lot 5701 was originally two separate tax lots (5700 & 5600) both owned by Richard Seltzer and Kathleen Mitchell. The two existing structures were once both located on tax lot 5700, one addressed as 124 Manzanita Street that is the PA #2016-00397 124 & 128 Manzanita Street/MMS Page 1 i i, primary dwelling unit and the other addressed as 128 Manzanita Street, which was the owners home business center. In 1992 the owners were granted a Conditional Use Permit to convert the structure at 128 Manzanita Street into the existing Accessory Residential Unit. Since that time the primary dwelling unit at 124 Manzanita Street was added onto. The addition to the structure at 124 Manzanita Street, which would have crossed a property line boundary, was only permitted after the owners consolidated the two tax lots into one legal lot (Tax lot 5600 & 5700 = 5701). The current proposal would reactivate the previously dissolved lot line between tax lots 5600 & 5700. The lot line would then be adjusted to be located approximately half way between the two residential structures. Both properties have landscaping and several large stature trees are on site. No construction or demolition is part of this application. The applicant asserts the Property Line Adjustment will meet all approval criteria and standards, except for the minimum standard side yard setback of the zoning district. By definition, the Side Lot Line is defined as: "Any lot line that is not a front or rear lot line." In addition, the definition of the Side Yard is: "An open space between the front and rear yards measured horizontally and at right f angles from the side lot line to the nearest point of the building." The proposed reconfiguration of the previously dissolved tax lots (5600 & 5700) will create a side yard setback of five and a half feet between the building and the proposed property line according to this definition. Therefore, the proposed side yard setback is less than the minimum allowed by the zone (six feet) and requires a Variance. E The application argues in favor of a Variance because the Land Use Ordinance does not account for a unique circumstance of the subject property. The previously dissolved lot line cannot be reactivated in its former location because the primary residential structure at 124 Manzanita Street is built across that line and the Ashland Municipal Code does not allow for structures to cross property lines. The proposed Variance would allow for the lot line to be adjusted approximately half way between the two existing residential structures. The applicant states the proposed side property line will fall approximately five and a half feet from the two existing residential structures, which is the minimum necessary to address the side yard setback because it is the minimum distance at the closest point between the existing structures. Furthermore, the applicant argues that the Variance is, "the only option that allows for these two lots to be reconfigured as two discrete parcels that does not encroach over existing or future property lines and meets all other zoning requirements." The proposal will not have any negative impact on the development of adjacent uses, according to the applicant, because of the history of the existing situation. The applicant also asserts that the proposal will create two lots that are more conforming to the land use ordinance than the two previously existing lots by increasing the size of the smallest parcel. Lastly, the applicant states the requested Variance is not self-imposed but instead a mistake made by the contractor in measuring the distance between structures during construction. Staff agrees with the applicant's argument and finds that the application meets the approval criteria for a Variance. There were no public comments received during the notice period and Staff believes the application will further the intent of the Land Use Ordinance, while allowing for the efficient use of the land in a manner that will not negatively impact adjacent properties. The approval criteria for a Variance are detailed in AMC 18.5.5.050 as follows: PA #2016-00397 124 & 128 Manzanita StreeVMMS Page 2 I 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 j 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. E 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. The approval criteria for a Property Line Adjustment are detailed in AMC 18.5.3.120 as follows: 1. Parcel Creation. No additional parcel or lot is created by the lot line adjustment. 2. Lot Standards. Except as allowed for nonconforming lots, pursuant to chapter 18.1.4, or as required by an overlay zone in part 18.3, all lots and parcels conform to the lot standards of the applicable zoning district, including lot area, dimensions, setbacks, and coverage, per part 18.2. If a lot does not conform to the lots standards of the applicable zoning district, it shall not be made less conforming by the property line adjustment. As applicable, all lots and parcels shall identify a buildable area free of building restrictions for physical constraints (i.e., flood plain, greater than 35 percent slope, water resource protection zones). 3. Access Standards. All lots and parcels conform to the standards in section 18.4.3.080 Vehicle Area Design. Lots and parcels that do not conform to the access standards shall not be made less conforming by the property line adjustment. C. Final Property Line Adjustment Plat. The final plat for Property Line Adjustments shall be prepared as a partition plat, and meet the requirements of sections 18.5.3.090. D. Recording Property Line Adjustments. 1. Recording. Within 60 days of the City approval of the final plat (or the approval of the preliminary property line adjustment map expires), the applicant shall submit the final plat to Jackson County for signatures of County officials as required by ORS chapter 92. 2. Time Limit. The applicant shall submit a copy of the recorded property line adjustment survey map to the City within 15 days of recording and prior to any application being filed for building permits on the re-configured lots. PA #2016-00397 124 & 128 Manzanita Street/MMS Page 3 4 t Based on the material submitted, the application with the attached conditions complies with all applicable City ordinances. Therefore, Planning Action #2016-00397 is approved with the following conditions. If any one or more of the following conditions are found to be invalid for any reason whatsoever, then Planning Action #2016-00397 is denied. The following are the conditions and they are attached to the approval: E, 1) That all proposals of the applicant shall be conditions of approval unless otherwise specifically modified herein. 2) That all necessary and applicable permits are obtained from the City of Ashland prior to installation or modification of any utility lines. 3) That all applicable Building and Fire Codes are complied with, as agreed upon by the Building Qff_ cial and Fire Marshal, prior to signature of final survey plat. Bill A4-ollnar, ~irector Date( r Community Development Department PA #2016-00397, 124 & 128 Manzanita StreebMMS Page 4 r= A AFFIDAVIT OF MAILING STATE OF OREGON ) County of Jackson ) The undersigned being first duly sworn states that: l 1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On May 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 #2016-00397, 124 Manzanita/128 Manzanita. l Sig ure of Employee G F E k: E t ((t E 6 Documentl 4129/2016 ~i k G f is i i PA-2016-00397 391 E05DD 6000 PA-2016-00397 391 E05DD 5800 ; PA-2016-00397 391 E05DD 6905 i ALEXANDER JOSEPH R JR TRUSTEE BERK GAIL A TRUSTEE ET AL COMBS CHRISTOPHER W TRUSTEE PO BOX 822829 137 MANZANITA ST 110670 ROCHESTER AVE f VANCOUVER, WA 98682 ASHLAND, OR 97520 LOS ANGELES, CA 90024 PA-2016-00397 391 E05DD 6200 PA-2016-00397 391 E05DD 5900 GREENBERG MARK AND MARILYN PA-2016-00397 391 E05DD 5500 DOHRMANN GEORGE A HARRIS RICHARD H JR TRUSTEE ET AL 146 MANZANITA ST SCHREIB ET AL 1370 MASONIC AVE ASHLAND, OR 97520 ! 320 SCENIC DR ! SAN FRANCISCO, CA 94117 ASHLAND, OR 97520 - - - PA-2016-00397 391 E05DD 4600 PA-2016-00397 391 E05DD 5501 PA-2016-00397 391 E05DD 7000 JORGENSEN PETERS & BEVERLY F KOVTUNOVICH THEODORE J TRUSTEE I LOMBARD BERNADETTE JORG ET AL 276 ALMOND ST 133 MANZANITA ST 285 HIGH ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-00397 391 E05DD 6900 PA-2016-00397 391 E05DD 4500 1 PA-2016-00397 391 E05DD 5701 LUNT JAY S TRUSTEE ET AL MILLER LAUREL/SHERMAN MITCHELL ;MITCHELL KATHLEEN K TRUSTEE ET AL 141 MANZANITA 107 MANZANITA ST 80855 WEISKOPF ASHLAND, OR 97520 ASHLAND, OR 97520 ;ILA QUINTA, CA 92253 PA-2016-00397 391 E05DD 4800 PA-2016-00397 391 E05DD 7200 I PA-2016-00397 391 E05DD 4700 MITCHELL-HODGE J K/MELISSA ROLLE WAYNE ERNEST TRUSTEE ET AL 1 RUSSELL JEANETTE M POSTON 271 HIGH ST 1 311 HIGH ST 283 HIGH ST F ASHLAND, OR 97520 I ASHLAND, OR 97520 1 ASHLAND, OR 97520 I 1 _ PA-2016-00397 391 E05DD 4900 1 PA-2016-00397 391 E05DD 6400 PA-201 6-00397 391 E05DD 2500 SOLOMON JEFFREY A/KELLY A TEITELBAUM JULI F TRSTE FBO SCHOOL. DISTRICT 5 259 HIGH ST 1237 ALMOND ST ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-00397 PA-2016-00397 391 E05DD 7100 PA-2016-00397 391 E05DD 6300 I RICHARD SELTZER/CASEY MITCHELL WESTERMAN LAURA L ll WOLFSON LARRY TRUSTEE ET AL SELTZER 252 TIMBERLAKE DR 253 ALMOND ST ASHLAND, OR 97520 11 ASHLAND, OR 97520 124 MANZANITA ASHLAND, OR 97520 PA-2016-00397 j~ - POLARIS LAND SURVEY LLC 124 Manzanita SHAWN KAMPMANN NOD 5/2/2016 PO BOX 459 22 ASHLAND, OR 97520 I JI I i 1111 X11 l III ail, I ' III f NPS Form 10-900-A OMB Appro„al No. 1024-0018 (8-86) United States Department of the Interior National Park Service National Register Historic Continuation Section Number: 7 Page: 86 Skidmore Academy Historic District, Ashland, OR E r I A large two-story gable volume, the Tozer House retains essential integrity in volume however applied aluminum siding, window replacements, and major changes to the full-width front porch reduce its ability to relate its original design or appearance during the period of significance. City permit files document that the second story was "replaced" in 1972, possibly the result of a fire. (Permit 4661) 228.0 Survey #748 NEIL, SUSIE T. HOUSE 1904 129 LAUREL ST S 391E05DD 5400 Other: Vernacular Historic Contributing Susannah Neil purchased this property in 1903 and the following year built the dwelling. In January 1904 the Tidings reported that "Mrs. Susie T. Neil is building a neat seven room cottage on Laurel Street, $1000." (Ashland Tidings, 14-July-1904, 2:3) Mrs. Neil, who taught music in Ashland, lived in this residence for a few years and then used it as a rental. She retained ownership until 1920 when she sold to R. W. Conner. The Neil House is a one and one-half story vernacular volume with a vaguely bungalow character, largely the result of the full front porch and forward facing gable dormer. With Robert Davis as the contractor, the Neil House was substantially enlarged to the rear, rebuilt and modernized in the early 1990s. (City Permit 9103060) While not entirely consistent with its historic appearance, the primary facade of the Neil House is sufficiently intact for the resource to relate the period of significance. 229.0 NEW HOUSE 1989 1989 250 ALMOND ST 391E05DD 5500 Builder: Golden Fields Construction Modern Period: Neo-Expressionism _ Non-Historic, Non-Contributing This large modernistic dwelling was built in 1989 under City of Ashland building permit #8908143. 230.0 CORTHELL, ELDEN HOUSE 1953c 276 ALMOND ST 391E05DD 5501 Modern Period: Ranch Style Non-Historic, Non-Contributing Built circa 1953, the earliest identified owner of this property is Elden Corthell, who purchased this property in 1938 as part of a larger sale and sold pieces off in 1947 and then again , in 1978. Corthell is shown living at this address in the 1964 city directory and likely built the home sometime in the 1950s. 231.0 VACANT 0 0 ALMOND ST 391E05DD 5502 Not Applicable Vacant i 232.0 Survey #641 GARRETT, ROBERT HOUSE [SITE] 1990s NPS Form 10-900-A ` OMB ApprL -,i No. 1024-0018 (8-86) United States Department of the Interior National Park Service E National Register of Historic Places Continuation Section Number: 7 Page: 87 Skidmore Academy Historic District, Ashland, OR 124 MANZANITA ST 391E05DD 5701 Modern Period: Neo-Traditional Non-Historic, Non-Contributing Originally the site of the Robert Garrett House, a small vernacular L-plan dwelling constructed in 1888, the present structure on this site is a large v-shaped structure completed in the 1990s. While the present configuration may incorporate some portion of the earlier home, the result bears little relationship to the dwelling on this site during the period of significance and is accordingly counted as new construction. 233.0 Survey #642 UPDEGRAFF, SARAH HOUSE 1910c 134 MANZANITA ST 391E05DD 5800 20`h Century American: Bungalow Historic Contributing This dwelling was likely constructed c1910 following transfer of the property to Sarah Updegraff, a widow., (JCD 87:417) The dwelling in shown on the site in the 1910 County Assessor's field books. Mrs. Updegraff retained possession until 1916 when she sold the property to C. J. Wertz, who retained ownership at least through 1920. (JCD 124:458) By 1940 the house was owned by Everett A. and Mrs. \ Delia Acklin and was apparently used as a rental. The Updegraff House is a modest single-story hipped roof volume with a shed-like extension of the roof projecting over the front porch. The roof volume is augmented by a hipped dormer on the primary elevation. The Updegraff retains substantial integrity and effectively relates the period of significance. 234.0 Survey #643 PARMATEER, H.A. HOUSE 1908/19905 146 MANZANITA ST 391E05DD 5900 Modern Period: Neo-Traditional Non-Historic, Non-Contributing Originally a large gambrel roofed volume built in 1908 for. Henry A. Parmeteer, this house was later the home of Richard Posey Campbell, a popular Oregon poet. Substantially enlarged and redesigned in the 1990s, although the present structure incorporates portions of the earlier home and uses traditional elements, the result bears little relationship to the dwelling on this site during the period of significance and is accordingly counted as new construction. I I I~ f 1 I f l _ 1. f~ -ell f t ~ .107 sue. a y xue+ r. 1 .r s if y > S t~•I F$ I 1 ~ r III 7, 7, i ~ y i i i V OF Planning Department, 51 Winburn 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: PA-2016-00397 SUBJECT PROPERTY: 124 Manzanita Street OWNERIAPPLICANT: Richard Seltzer & Kathleen Mitchell DESCRIPTION: A request for a Variance to the standard yard setbacks to allow for a five and a half foot side yard setback for the structures located at 124 & 128 Manzanita Street. This planning action is required as part of a Lot Line Adjustment concurrent with the reactivation of a previously dissolved lot line. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 391E 05DD TAX LOT: 5701. NOTICE OF COMPLETE APPLICATION: March 25, 2016 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: April 8, 2016 j ]SUBJECTPROPERTY 124 Manzanita Street Z ' PA-2016-00397 MANZANITA ST l ti~A . \ I ~p \ 1:600 i, 1 inch= 50 feet r:{ ~E m~Pn,yi:.n®nykeny~,ane~noangwa~i~r. should ,ahuaur (edlhies,aue mi-m a,dW1=w1 0 ~ fe:t should he hntlepmde,J y field vedl(ed f far eYivrenre endlwlocwlon. 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. G:\comm-dev\planning\Planning Actions\Noticing Folder\Mailed Notices & Signs\2016\PA-2016-00397.docs i VARIANCE \ 18.5.5.050 i 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. G:\comm-dev\planning\Planning Actions\Noticing FolderWailed Notices & Signs\2016\PA-2016-00397.docx I OUP 440 4 gad 480 r1 4 to ~ • f N + v Iy~p • ° e _ 85aall II7~1~rj i k PA-2016-00397 391 E05DD 5800 PA-2016-00397 391 E05DD 6905 PA-2016-00397 391 E05DD 6000 ALEXANDER JOSEPH R JR TRUSTEE BERK GAIL A TRUSTEE ET AL COMBS CHRISTOPHER W TRUSTEE PO BOX 822829 137 MANZANITA ST 10670 ROCHESTER AVE VANCOUVER, WA 98682 ASHLAND, OR 97520 LOS ANGELES, CA 90024 PA-2016-00397 391 E05DD 6200 PA-2016-00397 391 E05DD 5900 MARK AND MARILYN PA-2016-00397 391 E05DD 5500 DOHRMANN GEORGE A G GERG HARRIS RICHARD H JR TRUSTEE ET AL 146 MANZANITA ST SCHREIB REENBEENB 320 SCENIC ET AL AL 1370 MASONIC AVE ASHLAND, OR 97520 ASHLAND, OR 97520 SAN FRANCISCO, CA 94117 PA-2016-00397 391 E05DD 4600 PA-2016-00397 391 E05DD 5501 PA-2016-00397 391 E05DD 7000 JORGENSEN PETER S & BEVERLY F KOVTUNOVICH THEODORE J TRUSTEE LOMBARD BERNADETTE JORG ET AL 276 ALMOND ST 133 MANZANITA ST 285 HIGH ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-00397 391 E05DD 6900 PA-2016-00397 391 E05DD 4500 PA-2016-00397 391 E05DD 5701 LUNT JAY S TRUSTEE ET AL MILLER LAUREL/SHERMAN MITCHELL MITCHELL KATHLEEN K TRUSTEE ET AL 141 MANZANITA 107 MANZANITA ST 80855 WEISKOPF ASHLAND, OR 97520 ASHLAND, OR 97520 LA QUINTA, CA 92253 PA-2016-00397 391 E05DD 4800 PA-2016-00397 391 E05DD 7200 PA-2016-00397 391 E05DD 4700 MITCHELL-HODGE J K/MELISSA ROLLE WAYNE ERNEST TRUSTEE ET AL RUSSELL JEANETTE M POSTON 271 HIGH ST 311 HIGH ST 283 HIGH ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 I PA-2016-00397 391 E05DD 4900 PA-2016-00397 391 E05DD 6400 PA-2016-00397 391 E05DD 2500 SOLOMON JEFFREY A/KELLY A TEITELBAUM JULI F TRSTE FBO I t SCHOOL DISTRICT 5 259 HIGH ST 237 ALMOND ST ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-00397 391 E05DD 7100 PA-2016-00397 391 E05DD 6300 PA-2016-00397 WESTERMAN LAURA L WOLFSON LARRY TRUSTEE ET AL RICHARD SELTZER/CASEY MITCHELL 252 TIMBERLAKE DR 253 ALMOND ST SELTZER ASHLAND, OR 97520 ASHLAND, OR 97520 124 MANZANITA ASHLAND, OR 97520 PA-2016-00397 POLARIS LAND SURVEY LLC 124 Manzanita SHAWN KAMPMANN NOC 3/25/16 PO BOX 459 22 ASHLAND, OR 97520 i i 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. I 2. On March 25, 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 #2016-00397, 124 Manzanita. Signature of Employee DocumeW 3125/2016 ~ January 8, 2016 City of Ashland Planning Department I 51 Winburn Way Ashland, Oregon 97520 Re: Property Line Adjustment - Variance Request Findings of Fact Casey Mitchell & Rick Seltzer -124 & 128 Manzanita Street Assessor's Map No. 391E 05 DD, Tax Lot 5701 A Pre-application conference was conducted in November 2015 for a Property Line Adjustment (PLA) so that the encroachment over the existing common property line between two discrete parcels can be remedied. The proposed FLA will make the current non-conforming tract of 4489 square feet more conforming at 6,771 square feet while keeping the second tract conforming at 12,305 square feet per the City's R-1-7.5 zoning district requirements. A small residential structure has occupied the westerly parcel for over 100 years, The easterly parcel has been a non-conforming lot size since the current R-1-7.5 zoning was created. The current property owners have owned both parcels for many years and desired to build a larger modern home but the second parcel was too narrow for a conventional residence, so they planned to build the newer home to be 12 feet from the small existin9 structure so as to eventually do a property line adJjustment between the structures that would meet the current six foot side yard setback code provision. i While surveying the existing site conditions for the Preliminary FLA Map to be submitted with the application, it was found that where the proposed adjusted property line between the two existing structures was to be located, the buildings were not exactly parallel to each other. At the rear building corners, there more than 12 feet separation between the buildings, but at the front of the smaller building, the separation was only 11 c feet, which would only allow for a 5.5 foot setback to the proposed adjusted property line at the closest point. Therefore a variance is being requested herein for the 5.5 foot setback at this closest point between the structures which would be less than 10% of the six foot minimum setback requirement. This would conform with Chapter 18.5.5.030(A)(10) for a Type I Variance which is what the client is proposing herein. P. 0, Box 459, Ashland, Oregon 97520 Phone: (541) 482.5009 Fax: (541) 485-0797 Mobile: (541) 601.3000 www,polari5ourvey.corn t Variance Request Findings of Fact (continued) 1.5.5.5.050 Approval Criteria: A. The approval authority through a Type I or Type II procedure, as applicable, may approve a variance upon finding that it meets all of the following criteria. 1. The variance i5 necessary because the Subject code provision does not account for Special or unique physical circumstances of the Subject Site, ouch 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. Findings: The variance is necessary because adjacent development of the existing smaller structure on the west aide cannot be changed to allow for the minimum 6 foot setback, and the second Structure is currently encroaching over the existing common property line on the east side. This is the only option that allows for these two lots to be reconflgured as two discrete parcels that does not encroach over existing or future property lines and meets all other zoning requirements It also increases the grandfathered Smallest existing parcel Size which is non-conforming with the minimum lot size of 7500 square feet by 33%to make it much more conforming than it's current Statue. 2. The variance is the minimum necessary to address the special or unique physical circumstances related to the subject site. Findings: The variance is the minimum necessary to address the side yard setback because it is the minimum distance at the closest point between the existing structures. 3. The proposal's benefits will be greater than any negative impacts on the development of adjacent uses and will further the purpose and intent of this ordinance and the Comprehensive plan of the City. Findings: The proposal's benefits will be greater than any negative effects on the development of adjacent uses and will further the purpose and intent of this ordinance and Comprehensive Plan of the City because it will enhance and Support the City in meeting inflll and allowable density goals within the current zoning district and existing City limits to contain urban sprawl. Because the buildings already exist, it also allows for the boot use of the alto without necessitating additional development of the site. P, 0. Box 459, Aehland, Oregon 97520 Phone: (541) 452-5009 Fax: (541) 488-0797 Mobile: (541) 601-3000 www,polarlssurvey.coni 2 Variance Request Findings of Fact 18.5.5.050 Approval Criteria: (continued) 4. The need of the variance is not self-imposed by the applicant or property owner. For example, the variance request does not arise as a result of a property line adjustment or land division approval previously granted to the applicant. Findings: The need for the variance was not self-imposed by the applicant or property owner, but by a mistake made by their contractor during construction which resulted in the 12 foot setback between structures being slightly off at their closest point. No previous property line adjustment or land partition necessitated this variance request. In fact, the owners are attempting to remedy the current non-conforming situation between these parcels with a property line adjustment which requires this variance in order for approval. CONCLU510N: Based upon the above Findings of Fact, we ask that the Planning Commission conclude that the application for the Variance Request is consistent with the relevant decisional criteria found in Chapter 18,5.5.050 of Ashland's Land Use Ordinance. Attached are eight copies of the Preliminary Property Line Adjustment Map, Variance application form and fee along with this letter. Respectfully submitted, 5 Shawn Kampmann Professional Land Surveyor i 5:\eurveye\262-05\Mitchell/5eltzerVariance Findinge.docx i i P. 0. Box 459, Ashland, Oregon 97520 s Phone: (541) 452.5009 Pax: (541) 488.0797 Mobile. (541) 601-3000 www.polarlosurvey,coin 11 3 LAN VYi , L..L. . i , i August 26, 2015 I City of Ashland Planning Department 51 Winburn Way Ashland, Oregon 97520 Re: Property Line Adjustment - Findings of Fact & Project Narrative Casey Mitchell & Rick 5eltzer -124 & 128 Manzanita Street, Ashland Assessor's Map No. 391E 05 DD, Tax Lot 5701 Tax Lot 5701 Is actually two discrete legal lots that were combined together through a Tax Lot Consolidation procedure by the Jackson County Assessor's office in 1994. The Tax Lot Consolidation was initiated in order to obtain a building permit for a new residence on the property which would have straddled the common property line between the two above referenced legally created discrete lots that were both owned by Mitchell. These discrete tracts are described in separate deeds that were recorded in 1948 in Volume 310, Page 138 (west tract) and in 1955 excepted out the east tract by Volume 471, Page 221 of the Deed Records of Jackson County, Oregon, which were both later party to a Boundary Line Agreement between the two that was described in Instrument No. 91-23141 of the Official Records in said County. A separate Boundary Line Boundary Line Agreement affecting the south lines of the above referenced properties was recorded prior to that which was described within Instrument No. 78-23294. These Boundary Line Agreements were initiated to remedy legal problems created by poorly written deed descriptions that resulted in un-intentional deed gaps and overlaps between the three properties. Mitchell & 5eltzer now wish to perform a Property Line Adjustment (PLA) so that the encroachment over the existing common property line can be removed. The proposed PLA will make the current non-conforming tract of 4489 square feet more conforming at 6,771 square feet while keeping the second tract conforming at 12,305 square feet per the City's R-1-7.5 zoning district requirements. Attached are eight copies of the Preliminary Property Line Adjustment Map, application form and fee along with this letter. Yours truly, Shawn Kampmann Professional Land 5urveyor 5:\surveys\262-05\Mitchell/5eltzer FLA Findings & Narratlmdocx P. 0. Box 459, Ashland, Oregon 97520 Phone: (541) 482.5009 Fax: (541) 436.0797 Mobile: (541) 601-3000 www.polarioourvey,coin P AP T LYING S=ATE Vv77U V SOUTHEAST QUARTER OF SECTION 5 TOWNSHIP 39 SOUTH, RANGE 1 EAST, W.M. E E 7 CITY OF ASHLAND, JACKSON COUNTY, OREGON IT q VARIABLE WIDTH T / FOR l n RIGHT-OF-WAY 4.51' ®P M A Z Casey Mitchell °ck Seltzer oHP \ 52.2 124MRnzanita Street 54.62' 79.66' - ` Ashland, Oregon 97520 CONCRETE CURB 1 ONP--oHP EXISTING TaxLot4600 23tia PROPERTY LINE LEGEIVD ADJUSTED nLEnR ORD 00' PROPERTYLINE PROPERTY LINE PROPOSED PROPERTY \ VOL.310 137 PARC 2 LnvE 1 1 D ED RE ORD PARCEL 1 fj 4,469 S.F. E (STING) OT, 491 221 BDUNDARYLIIVE X~ 14, E7 S.F. (EXISTING) 12,305 S,F f PRPOSEO~ \ PREVIOUSDEEDLINE 6, S.F (PROPOSED) N7~N rA GRAVEL -CENTEEVE ~ o A 5 ANITA 2 LEIE6p D">~lU~WAY' -x- -x-x- PENCELINE r47 T p34 MA t 1 R SITI0 N 'j,00 UNDERGROUND POWER LINE EJC H~ l ~.1 r0U ~NTnN 0' , DH 0VERrMADPO?-VERLITNE EM 5 § § FO EM QQ PP POWER POLE -13 . A O EIEM ELECTRICAMTER 1 oo C p3 1k~ k9' Pj30NEPEDESTAL 9'~ ys °.>,.x \ 0 WM WATER METER 1 NE STORY 0' 6,0 .0' ADJUSTED © GAS METER 1 SIDENCE ON PROPERTY LINE RE CRETE Tax Lot 5800 CON PION 0, Tax Lot 4700 I FOUNDA L T2 1 - 1.7' I" 93 REGISTERED Og, PROFESSIONAL LAND SURVEYOR STUDIO 3.70' 2 p W. DEED RECORD Ep VOL. 219 /415 16 1 OREGON y~{ JULY 14, 1998 \ Tax Lot 5501 L SHAWN KAMPMANN / 2883 LS E RENEWAL DATE; 6/30/2017 \ \ \ \ \ SURVEYED BY: / POLARIS N SURVEYING LLC \ \ P. O. OX 459 SCALE: 1 30' \ ASHLAND, OREGON 97520 (541) 482-5009 DATE: JANUARYS, 2016 Assessor's Map No. 39 1E 05 DD, Tax Lot 5701 PROJECT NO. 262-05 POLARIS LAND WE'- ZONING PERMIT APPLICATION Planning Division CITY OF 51 Winbu n Way, Ashland OR 97520 FILE ASHLAND 541-488-5305 Fax 541-488-6006 DESCRIPTION OF PROJECT ✓ ,4® or- R ✓ S DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? ❑ YES ❑ NO W® Street Address ® ' r.4 x rn A Assessor's Map No. 391E .1' Tax Lot(s) 0110 Zoning d a Comp Plan Designation APPLICANT s q e &r V. Name ,d °y ® L Lid. Phone N-W E-Mail Address ® J74 MfO City Zip PROPERTY OWNER i Name ShAf4F Phone E-Mail 3 Address ® ® City Zip r SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER sit Title Name IUMAWAW Phone ® E-Mail V A ® V 9 -041 ss>f Address P® 49-9)( lyd city 4.01440a 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 l 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 reraloved at my expense. If I have any doubts, I am advised to seek competent professional advice and assistance. Applicant's Signature- I1 Date As owner of the property involved in this request, I have read and understood the complete application and its consequences to me as a property owner. Property Owner's ignature required) [Yale rfo be completed by City Sta07 ' Date Received Zoning Permit Type Filing Fee $ OVER GAcomm-dev\plannin (forms & Handouts\Zoning Permit Application.doc k I IF Job Address: 124 MANZANITA ST Contractor: E. ASHLAND OR 97520 Address: C A Owner's Name: RICHARD & KATHLEEN SELTZER 0 Phone: P Customer 03903 N State Lic No: L RICHARD & KATHLEEN SELTZER T City Lic No: Applicant: 124 MANZANITA ST R Address: ASHLAND OR 97520 A C C Sub-Contractor: A Phone: (503) 709-8338 T Address: N Applied: 03/02/2016 0 1' Issued: R Expires: 08/29/2016 Phone: State Lic No: Maplot: City Lic No: DESCRIPTION: Variance for setback 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.ocus Inspection Request Line: 541-552-2080 CITY OF -AS 11-11 LAN t I` I hereby certify the contents of this application to be correct to the best of my knowledge, and furthermore, that I have read, Fee Summary Paid Amounts understood and agreed to the following: Building: $ 0.00 $ 0.00 1. This permit shall remain valid only in accordance with code State Surcharge: $ 0.00 $ 0.00 or regulation provisions relating to time lapse and revocation (180 days). Development Fees: $ 0.00 $ 0.00 2, Work shall not proceed past approved inspection stage, All Systems Development Charges: $ 0.00 $ 0.00 required inspections shall be called for 24 hours in advance. Utility Connection Fees: $ 0.00 $ 0.00 3. Any modifications in plans or work shall be reported in advance to the department, Public Works Fees: $ 0.00 $ 0.00 4. Responsibility for complying with all applicable federal, state, Planning Fees: $ 1,012.00 $ 1,012.00 or local laws, ordinances, or regulations rests solely with the applicant. Sub-Total: $ 1,012.00 Fees Paid: $ 1,012.00 Applicant Date Total Amount Due: $ 0 COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 East Main St. Fax: 541-488-5311 Ashland, OR 97520 TTY: 800-735-2900 wwmashland.or.us Inspection Request Line: 541-552-2080 CITY OF