HomeMy WebLinkAboutPenny_955_PA-2016-01241
CITY F
I
ASHLAND
August 17, 2016
Notice of Final Decision
On August 17, 2016, the Community Development Director approved the request for the following:
Planning Action: PA-2016-01241
Subject Property: 955 Penny Drive
Applicant: Julia BonneyBrint Borgilt
Description: A request for a Minor Land Partition to create two tax lots for the property
located at 955 Penny Drive. The proposed partition will create one additional lot, by dividing the existing
parcel. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-10;
ASSESSOR'S MAP: 39 1E 15BC TAX LOT: 3010.
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 18.51.050(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: Julia Bonney; Parties of record; 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
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 I
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. Thne 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 It 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 i
Ashland, Oregon 97520 TTY: 800-735-2900 \ I
'
www.ashland.or.us
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: 2016-01241
SUBJECT PROPERTY: 955 Penny Drive
O R/APPLICANT: Julia Bormey/Brint Borgilt
DESCRIPTION: A request for a Minor Land Partition to create two tax lots for the property
located at 955 Penny Drive. The proposed partition will create one additional lot, by dividing the existing
parcel.
COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-10;
ASSESSOR'S P: 39 1E 15BC; T LOT 4: 3010.
SUBMITTAL DATE: June 29, 2016
DEEMED COMPLETE DATE: July 22, 2016
STAFF APPROVAL DATE: August 17, 2016
APPEAL DEADLINE (4:30 P.M.): August 29, 2016
FINAL DECISION DATE: August 30, 2016
APPROVAL EXPIRATION DATE: February 28, 2018
DECISION:
The subject property is an approximately 0.70 acre parcel located on the west side of Penny Drive and to
the north of Pinecrest Terrace. The zoning of the subject property is R-1-10, a Single-Family Residential
zone with a minimum lot size of 10,000 square feet. The subject property contains an existing two-story,
2,172 square foot residence built around 1947 and a 354 square foot cottage built around 1947 according
to the Jackson County Tax Assessor's records. In addition, the applicant notes a 192 square foot garden
shed and 840 square foot garage that are to be removed. The property slopes downhill from west to east.
The lot is heavily forested, especially toward the south, near Pinecrest Terrace and also features a Talent
Irrigation District ditch which crosses near the southern most property line. The subject property has
approximately 102 linear feet of frontage on Penny Drive, a residential neighborhood street. Penny Drive
is currently improved with curbs and paving in place, but lacks sidewalks or park row planting strips along
the subject property's frontage or within the immediate area.
Proposal
The application proposes a Minor Land Partition to create two lots. The first lot would contain the existing
house and be approximately 18,771 square feet (Lot A). The existing cottage and single-family dwelling
will meet the required six foot side yard setback from the proposed lot line. A new lot would be created
to the south of the cottage, and would be approximately 11,721 square feet (Lot B) in area. A building
envelope has been identified, and. the application explains that the lot is large enough to allow for the
construction of a new home to comply with Solar Access "Standard A".
In conjunction with the request, the existing curb cut, driveway, and parking areas will be consolidated.
The existing curb cut will need to be extended to the north to accommodate a newly paved two vehicle
parking area on Lot A. The proposed building envelope for Lot B includes two standard size off-street
vehicle parking spaces to be located- in the basement garage below the future single-family dwelling and
shall be accessed by a paved driveway at the location of the existing unpaved driveway for the existing
garage structure.
Planning Action #2016-01241
955 Penny Drive/MMS
Page 1
Partition
The subject property is 30,492 square feet in area. The application proposes a Minor Land Partition to
create two lots. The first lot (Lot A) would contain the existing single-family dwelling and cottage and
be approximately 18,771 square feet. The existing garage and garden shed would be removed from a new
lot (Lot B) created south of the existing cottage, and would be approximately 11,721 square feet in area.
A building envelope has been identified, and the application explains that the lot is large enough to allow
for the construction of a new single-family dwelling to comply with Solar Access "Standard A".
The partition will not impede the remainder of the tract from being developed. The parcel does not have
sufficient area to create additional lots, and Lot A will retain significant additional buildable area post
partition while Lot B has adequate building area for the construction of a new residence with required
access and parking, and adequate yard area. At the time of development, the application recognizes that
another pre-application conference and planning action may be required for the home design and
placement as well as tree removal. In addition, building permits for Lot B will need to demonstrate
compliance with the envelope, setbacks, solar access, lot coverage, access and parking. Finally, the
partition as proposed will not impact the development of adjoining land or the use of the Talent Irrigation
District easement at the rear of Lot B.
Prior to the partitioning, the application proposes to remove the existing garden shed. Additionally, a i.
condition has been added that two paved off-street vehicle parking spaces will be provided to serve the
home on Lot A as required. At such time that Lot B is developed, two off-street vehicle parking spaces
will be provided in a future garage. A condition will also require that the applicant will sign in favor a
fixture Local Improvement District (LID) prior to signature of the final partition plat. The applicants
indicate that in conversations with the individual utilities it has been determined that there is adequate
capacity to serve the new parcel, and a condition of approval will require them to stub utilities to the edge
of the property to serve Lot B.!
Public Comments
Neighbors Clare and Elizabeth White have provided written comments in opposition to the request.
They note that there is not enough off-street parking located on the subject property. In the letter, the
neighbors estimate that approximately five vehicles use the on-street parking of the cul-de-sac nightly
including three cars from 955 Penny Drive. The primary concern is the impact of additional vehicle
parking generated by the future development of the proposed tax lot.
The criteria for a Preliminary Partition Plat are described in AMC Chapter 18.5.3.050, as follows:
A. The future use for urban purposes of the remainder of the tract will not be impeded.
B. The development of the remainder of any adjoining land or access thereto will not be impeded. C,
C. The partition plan conforms to applicable City-adopted neighborhood or district plans, if any, and
any previous land use approvals for the subject area.
D. The tract of land has not been partitioned for 12 months.
E. Proposed lots conform to the requirements of the underlying zone, per part 18.2, any applicable
overlay zone requirements, per part 18.3, and any applicable development standards, per part
18-.4 (e.g., parking and access, -tree preservation, solar access-and orientation).
F. Accesses to individual lots conform to the standards in section 1-8.4.3.080 Vehicle Area Design.
See also, 1.8.5.3.0.0.0 Additional Preliminary Flag-Lot-Partition Plat Criteria
G. The-pro posed -streets, utilifies, and surface water drainage facilities conform-to the street design
standards and other requirements in part 18.4, and- allow for -transitions to existing and potential
future development on adjacent lands. The preliminary -plat shall- identify all proposed public
Planning Action #2016-01241
955 Penny Drive/MMS
Page 2
improvements and dedications.
H. Unpaved Streets.
1. Minimum Street Improvement. When there exists a 20-foot wide access along the entire
street frontage of the parcel to the nearest fully improved collector or arterial street, as
designated in the Comprehensive Plan, such access shall be improved with an asphaltic
concrete pavement designed for the use of the proposed street. The minimum width of the
street shall be 20-feet with all work done under permit of the Public Works Department.
2. Unpaved Streets. The Public Works Director may allow an unpaved street for access for
a land partition when all of the following conditions exist.
a. The unpaved street is at least 20-feet wide to the nearest fully improved collector
or arterial street. The City may require the street to be graded (cut and filled) to its
standard physical width, and surfaced as required in chapter 18.4.6 prior to the
signature of the final partition plat by the City.
b. The centerline grade on any portion of the unpaved street does not exceed ten
percent.
C. The final elevation of the street shall be established as specified by the Public
Works Director except where the establishment of the elevation would produce a
substantial variation in the level of the road surface. In this case, the slope of the
lot shall be graded to meet the final street elevation.
d. Should the partition be on an unpaved street and paving is not required, the
applicant shall agree to participate in the costs and to waive the rights of the owner
of the subject property to remonstrate both with respect to the owners agreeing to
participate in the cost of full street improvements and to not remonstrate to the
formation of a local improvement district to cover such improvements and costs
thereof. Full street improvements shall include paving, curb, gutter, sidewalks, and
the undergrounding of utilities. This requirement shall be precedent to the signing
of the final survey plat, and if the owner declines to so agree, then the application
shall be denied.
1. Where an alley exists adjacent to the partition, access may be required to be provided from the
alley and prohibited from the street.
J. Required State and Federal permits, as applicable, have been obtained or can reasonably be
obtained prior to development.
Decision
In staff s assessment, the applicants have demonstrated that the proposal satisfies the requirements for
approval of a Minor Land Partition. With regard to concerns with on-street vehicle parking raised by
neighbors, staff would note that two off-street vehicle parking spaces are required to be installed prior to
final plat and two additional off-street parking spaces will be provided with the future development of Lot
B. Therefore, the application with the attached conditions complies with all applicable City ordinances.
Planning Action 42016-01241 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 #2016-
01241 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 prior to signature of survey plat:
a) That a final survey plat shall be submitted within 12 months and approved by the City of
Ashland within 18 months of this approval.
Planning Action #2016-01241
955 Penny Drive/MMS
Page 3
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b) That all easements for public and private utilities, all reciprocal utility, maintenance, shared
access and fire apparatus access shall be indicated on the final survey plat as required by
the Ashland Engineering Division.
C) The final survey plat shall identify a sufficient public access easement or right-of-way
dedication to accommodate future city standard frontage improvements to the satisfaction
of the Staff Advisor and City Engineer.
d) That a final utility plan for the parcels shall be submitted for review and approval by the
Engineering Division and Building Divisions prior to signature of the final survey plat. The
utility plan shall include the location of connections to all public facilities including the
locations of water lines and meter sizes, fire hydrants, sanitary sewer lines, storm drain
lines and electric services.
e) That the electric service shall be installed underground to service the new parcels as
required by the Ashland Electric Department prior to signature of the final survey plat. The
electric service plan shall be reviewed and approved by the Ashland Electric Department
prior to signature of the final survey plat.
f) That the sanitary sewer laterals and water services including connection with meters at the
street shall be installed for all parcels prior to the signature of final survey plat. All work
shall be completed under review and approval of the Ashland Engineering Department
prior to signature of the final survey plat.
g) That the location and final engineering for all storm drainage improvements associated
with the project, shall be submitted for review and approval by the Departments of Public
Works, Planning and Building Divisions prior to signature of the final survey plat.
h) That the property owner shall sign in favor of local improvement districts for the future
street improvements, including but not limited to sidewalks, parkrow, curb, gutter and
storm drainage, for Penny Drive prior to signature of the final survey plat. The agreement
shall be signed and recorded concurrently with the final survey plat.
i) That the off-street vehicle parking area and driveway shall be paved for the home located
on Lot A prior to signature of the final survey plat.
3) That building permit submittals for Lot B shall include:
a) That a slope analysis shall be submitted in order to determine if a Physical and
Environmental Constraints Review Permit is required.
b) Solar setback calculations demonstrating that all new construction complies with Solar
Setback Standard A in the formula [(Height - 6)/(0.445 + Slope) = Required Solar Setback]
and elevations or cross section drawings clearly identifying the highest shadow producing
point(s) and the height(s) from natural grade.
b) That individual lot coverage shall not exceed 40 percent of the total lot area in accordance
with 18.2.5.030 Lot coverage calculations including all impervious surfaces shall be
submitted with the building permits.
C) That a Tree Protection Plan consistent with the standards described in 18.4.5 be submitted
for review and approval by the Staff Advisor prior to the i ssuancz of a building permit. The
plan shall identify the location and placement of fencing -around the drip -lines of trees
identified for preservation. The amount offill and grading within the drip line shall be
minimized. Cuts within the drip line shall be noted on the tree protection plan, and shall be
executed by handsaw -and kept to a minimum. No fill shall be placed -around the
trunk/crown root. Street trees shall be selected from the approved street tree list for
Planning Action #2016-01241
955 Penny Drive/MMS
Page 4 t
placement under power lines, located to accommodate the placement of a future city
standard sidewalk, and planted and irrigated according to standard.
d) That storm water from all new impervious surfaces and runoff associated with peak
rainfalls must be collected on site and channeled to the City storm water collection system
(i.e., curb gutter at public street, public storm pipe or public drainage way) or through an
approved alternative in accordance with Ashland Building Division policy BD-PP-0029.
On-site collection systems shall be detailed on the building permit submittals.
Bil~I*lnar, irector• Date
)partment f Community Development
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Planning Action #2016-01241
955 Penny Drive/MNIS
Page 5
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AFFIDAVIT OF FAILING I
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E
STATE OF OREGON )
County of Jackson )
The undersigned being first duly sworn states that:
4
1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On 8/17/161 caused to be mailed, by regular mail, in a sealed envelope
I
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 #2016-01241, 955 Penny.
Signature of Employee
Documenl2 8/1712016
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PA-2016-01241 391El5BD 7200 PA-2016-01241 391El 5BC 3010 PA-2016-01241 391El5BD 7401
BARTON KELLY L BONNEY JULIA A BOUTACOFF ALEXIS JR/LINDA
886 PALMER RD 955 PENNY DR 132 HIGH OAK DR
ASHLAND, OR 97520 ASHLAND, OR 97520 MEDFORD, OR 97504
I
PA-2016-01241 391 E15BC 3011 PA-2016-01241 391 El 513C 3001 PA-2016-01241 391 El 513C 3009
I
BOWLUS ROBERT G TRUSTEE CONNOR TIMOTHY/DRON KATHERINE COOPER JAY W
980 PENNY DR 1314 WOODLAND DR 7010 CHATHAM RD
ASHLAND, OR 97520 ASHLAND, OR 97520 MEDINA, OH 44256
PA-2016-01241 391 E15BC 3005 PA-2016-01241 391 E15BC 2700 PA-2016-01241 391 El 513C 3016
DE VAUL RAMONA J TRSTE FBO DOBRY THOMAS M TRUSTEE ET AL DONLON JAMES A
865 PALMER RD 1725 BRISTOL ST 1326 WOODLAND DR
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01241 391 E15BC 2800 PA-2016-01241 391 E15BC 2600 PA-2016-01241 391 El 513C 3002
DOWNS JENNIFER DUNCAN JOHN R TRUSTEE ET AL JONES JEREMIAH ALLEN
880 PINECREST TERRACE 903 PINECREST TERR 921 PINECREST TERR
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
!
PA-2016-01241 391 El 513C 3008 PA-2016-01241 391 E15BC 3003 PA-2016-01241 391 El 513C 3004
MARTIN NEIL M TRUSTEE ET AL NORTH JAMIE/BROWN ERIK PERINA HELEN A j
925 PENNY DR 920 PINECREST TERR 900 PINECREST TERR
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
i
PA-2016-01241 391E15 300 PA-2016-01241 391 El 513C 3007 PA-2016-01241 391 E1 56D 7300
WHITE SAM BOUTACOFF ALEXIS
STUBBLEFIELD DANIEL J/VIVIAN E VASQUEZ RUBEN R/H BARBARA JR/LINDA C
1111 HIGHWOOD DR 885 PALMER RD
ASHLAND, OR 97520 ASHLAND, OR 97520 132 HIGH OAK DR
MEDFORD, OR 97504
PA-2016-01241 955 Penny
BRINT BORGILT NOD 8/17/16
13350 HWY 66 19
ASHLAND, OR 97520
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To: Ashland Planning Department
L_, ~ jir in a PA-2016-012419 proposed land partition at 955 nn
LvEve, Ashland, OR.
Comments.- reside at Penny, 980 adjacent to the property i
question. r t primary caregivers for Robert G. Bowlus, e 97,
who 1 lives here. My i Elizabeth i Robert's daughter and is
co-
trustee is estate, is includes this property.
Our concern regards parking at the end y Drive, in t
paved cul-de-sac. Since garage is now i use at 955 nn or at 957
Penny ( rental property), cars park on (r on the i just next t)
t cul-de-sac nightly-3 cars from 955 Penny, car from the rental
957 Penny, and I car r s at 980 Penny. Our concern is i another
home i built the new lot, v r vehicles might park on or near
t cul-de-sac pavement, unless t use garage is mandated in
any n construction.
Thank you,
Clare White
Elizabeth A. White
[ T
Planning Department, 51 Winburn Way, Ashland, Oregon 97520 CY OF
541-488-5305 Fax; 541-552-2050 www,ashland.or.us TTY: 1-800-735-2900 ASHLAND
NOTICE OF APPLICATION
PLANNING ACTION: PA-2016-01241
SUBJECT PROPERTY: 955 Penny Drive
OWNER/APPLICANT: Julia Bonney/Brint Borgilt
DESCRIPTION: A request for a Minor Land Partition to create two tax lots for the property located at 955
Penny Drive. The proposed partition will create one additional lot, by dividing the existing parcel.
COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-10; ASSESSOR'S
MAP: 39 lE 15BC TAX LOT: 3010.
NOTICE OF COMPLETE APPLICATION: July 22, 2016
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: August 5, 2016
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SUBJECT PROPERTY
- - - ° -
955 Penny Drive
PA-2016-01241 ~A
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1:600 AA
1 inch = 50 feet vf~{ } e
1~ uappmg l..tn~,ml. ~ry ana near. no warranq or att.ratr•
o~ 1~'o Feat Allroaturee, aU"n" s,fslJitin,easenen[or roadway Iota"...
g .h..Id be Independently fbldverltled for ezi.tente and/or lotellon.
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.
aof
PRELIMINARY PARTITION PLAT t
18.5.3.050
The approval authority shall approve an application for preliminary partition plat approval only where all of the following criteria are met.
A. The future use for urban purposes of the remainder of the tract will not be impeded.
B. The development of the remainder of any adjoining land or access thereto will not be impeded.
C. The partition plan conforms to applicable City-adopted neighborhood or district plans, if any, and any previous land use approvals for the subject area.
D. The tract of land has not been partitioned for 12 months.
E. Proposed lots conform to the requirements of the underlying zone, per part 18.2, any applicable overlay zone requirements, per part 18.3, and any
applicable development standards, per part 18.4 (e.g., parking and access, tree preservation, solar access and orientation).
F. Accesses to individual lots conform to the standards in section 18.4.3.080 Vehicle Area Design. See also, 18.5.3.060 Additional Preliminary Flag Lot
Partition Plat Criteria.
G. The proposed streets, utilities, and surface water drainage facilities conform to the street design standards and other requirements in part 18.4, and allow
for transitions to existing and potential future development on adjacent lands. The preliminary plat shall identify all proposed public improvements and
dedications.
H. Unpaved Streets.
1. Minimum Street Improvement. When there exists a 20-foot wide access along the entire street frontage of the parcel to the nearest fully improved
collector or arterial street, as designated in the Comprehensive Plan, such access shall be improved with an asphaltic concrete pavement designed
for the use of the proposed street. The minimum width of the street shall be 20-feet with all work done under permit of the Public Works Department.
2. Unpaved Streets. The Public Works Director may allow an unpaved street for access for a land partition when all of the following conditions exist. j
a. The unpaved street is at least 20-feet wide to the nearest fully improved collector or arterial street. The City may require the street to be graded
(cut and filled) to its standard physical width, and surfaced as required in chapter 18.4.6 prior to the signature of the final partition plat by the
City.
b. The centerline grade on any portion of the unpaved street does not exceed ten percent.
c. The final elevation of the street shall be established as specified by the Public Works Director except where the establishment of the elevation
would produce a substantial variation in the level of the road surface. In this case, the slope of the lot shall be graded to meet the final street
elevation.
d. Should the partition be on an unpaved street and paving is not required, the applicant shall agree to participate in the costs and to waive the
rights of the owner of the subject property to remonstrate both with respect to the owners agreeing to participate in the cost of full street
improvements and to not remonstrate to the formation of a local improvement district to cover such improvements and costs thereof. Full street
improvements shall include paving, curb, gutter, sidewalks, and the undergrounding of utilities. This requirement shall be precedent to the
signing of the final survey plat, and if the owner declines to so agree, then the application shall be denied.
L Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from the street.
J. Required State and Federal permits, as applicable, have been obtained or can reasonably be obtained prior to development.
III
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GAcomm-dev\planningTianning Actions\Noticing Folder\Mailed Notices & Signs\2016\PA-2016-01241.dot
PA-2016-01241 391 E15BD 7200 PA-2016-01241 391 El 513C 3010 PH-2016-01241 391 E15BD 7401
BARTON KELLY L BONNEY JULIA A BOUTACOFF ALEXIS JR/LINDA
886 PALMER RD 955 PENNY DR 132 HIGH OAK DR
ASHLAND, OR 97520 ASHLAND, OR 97520 MEDFORD, OR 97504
PA-2016-01241 391 E15BC 3012 PA-2016-01241 PA-2016-01241 391 El 513C 3001
BOWLUS ROBERT G TRUSTEE BRINT BORGILT CONNOR TIMOTHY/DRON
980 PENNY DR 13350 HWY 66 KATHERINE
ASHLAND, OR 97520 ASHLAND, OR 97520 1314 WOODLAND DR
ASHLAND, OR 97520
PA-2016-01241 391 E15BC 3009 PA-2016-01241 391 E15BC 3005 PA-2016-01241 391 E15BC 2700
COOPER JAY W DE VAUL RAMONA J TRSTE FBO DOBRY THOMAS M TRUSTEE ET
7010 CHATHAM RD 865 PALMER RD 1725 BRISTOL ST
MEDINA, OH 44256 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01241 391 E15BC 3016 PA-2016-01241 391 El 513C 2800 PA-2016-01241 391 E15BC 2600
DONLON JAMES A DOWNS JENNIFER DUNCAN JOHN R TRUSTEE
1326 WOODLAND DR 880 PINECREST TERRACE 903 PINECREST TERR
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01241 391 El 513C 3002 PA-2016-01241 391 E15BC 3008 PA-2016-01241 391 E15BC 3003
JONES JEREMIAH ALLEN MARTIN NEIL M TRUSTEE ET AL NORTH JAMIE/BROWN ERIK
921 PINECREST TERR 925 PENNY DR 920 PINECREST TERR
ASHLAND, OR 97520 ASHLAND, OR 97520 'ASHLAND, OR 97520
PA-2016-01241 391 El 513C 3004 PA-2016-01241 391 E15 300 PA-2016-01241 391 El 513C 3007
PERINA HELENA STUBBLEFIELD DANIEL J/VIVIAN VASQUEZ RUBEN R/H BARBARA
900 PINECREST TERR 1111 HIGHWOOD DR 885 PALMER RD
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01241 391El5BD 7300 !
WHITE SAM ! 955 Penny Drive
132 HIGH OAK DR 7/22/2016 NOC
MEDFORD, OR 97504 119
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 July 22, 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 #PA-2016-01241, 955 Penny Drive.
Signa r of Employee
G;Icomm-devlplanninglTemplateslTEMPLATE-Affidavit of Mailing-Planning Action Nofice.dot 7/2212016
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Written Findings: Proposed Minor Land Partition for 955 Penny Drive
The proposed Minor Land Partition for 955 Penny Drive will produce two new Tax Lots. The
new Tax Lot including the existing Single Family Residence will be referred as Lot A and the
new Tax Lot including the existing Garage will be referred to as Lot B.
Physical & Environmental Constraints Review Permit for Hillside Development: The
Hillside Development Permit discussed here is essentially to determine that the partition can
create a buildable lot. Ashland Municipal Code (AMC) section 18.3.10.090.E.1 requires that all
newly created lots shall contain building envelopes that meet the standards of this code section.
Another pre-application conference and planning action for a Hillside Development Permit will
be required for the home design and placement prior to the issuance of a building permit for the
newly created lot.
The proposed 2,500 sq. ft. Building Envelope for Lot B is located within slope areas less than
35%. Should future development of proposed Building Envelope affect slope conditions requiring
a Hillside Development Permit the planning action will be pursued.
Lot Width/Depth: All R-1-10 lots are required to be a minimum of 75 feet in width. The
Ashland Land Use Ordinance states; "No lot shall have a width greater than its depth" in
1.8.2.5.030.A. The application should clearly demonstrate that the proposed partition meets these
standards for both newly created lots, in addition to meeting the minimum 10,000 square foot
lot-size for the R-1-10 zoning district.
The average width of Lot A measures 127 and its average depth measures 132.' The average
width of Lot B measures 105' and its average depth measures 140.' See Lot Width/Depth
Diagram for method used to determine the average lot dimensions above. Lot B has an average
width greater than the minimum 75.' See Site Plan for method used to determine minimum 75' lot
width. The resulting lot configuration of Lot A and Lot B is compliant with 18.2.5030.A.
Lot A has an area of 18,771 sq. ft and Lot B has an area of 11, 721 sq. ft. Both exceed the
minimum 10, 000 lot size for R-I -10 zoning district.
Driveways/Access: Proposed access to both new lots should be clearly delineated on the plans.
Curb-cuts are required to be at least 24-feet from each other. Depending on the circumstances of
the application, access via a consolidated driveway, serving both lots may be found to be more
appropriate. The driveway(s) will also need to meet Fire Apparatus Access standards and the
requirements of the Physical & Environmental Constraints Ordinance.
The proposed off-street Parking Area and new Driveway for Lot A are located in an existing
unpaved Parking Area accessed by an existing curb cut. The proposed Building Envelope for Lot
B includes two standard size off-street parking spaces to be located in the daylight basement
Garage below the future Single Family Residence and shall be accessed by a paved drivewav at
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the location of the current unpaved driveway for the existing Garage which is also served by the
existing curb cut referred to for Lot A. Consolidation of these proposed Driveways and Parking
Areas already exists. Extension of the existing curb cut to the North is required to accommodate
the second standard size-off street Parking space for Lot A.
Parking/Front Yards: Per Ashland Municipal Code section 18.4.3.080.A.3, in all residential
zones, all off-street parking of autos, trucks, trailers, and RV's in the front yard shall be limited
to no more than 25% of the area of the front yard, or a contiguous area 25 feet wide and the
depth of the front yard, whichever is greater. It appears the proposed parking situation on the
parcel may exceed this limit, and the applicant should provide clear documentation that this
standard is met with the formal application.
The proposed Parking Area for Lot A is located at the South West corner of the lot and is
intended to be served by a consolidated Driveway/Curb Cut. The area of the Parking Area
represents 13.4 % of the Front Yard area. See Site Plan.
Existing Structures: The application should clearly identify all existing structures on the
property and their relationship to the proposed property lines. All required setbacks must be met
for both lots and demonstrated in the application. The application should also clarify buildings
intended for removal and retention.
Setbacks are compliant for existing structures to remain. The existing Garden Shed and Garage
are to be removed. Existing Garage shall remain until close of escrow in future sale of Lot B.
The existing Garage is non compliant with side yard setback requirement. This is an existing
condition that is not created by the proposed Land Partition and removal of the existing Garage
shall not be a condition for approval of this action.
Demolition/Relocation Review Permit: If structures are proposed for removal, a
demolition/relocation review permit may be required through the Building Division. The base
threshold to require a review is 500 square feet, but there are numerous factors to consider.
The existing Garden Shed is less than 500 sq. ft. and is not subject to the Demolition/Relocation
Review Permit. The existing Garage is greater than 500 sq. ft and will be subject to the
Demolition/Relocation Review Permit.
Building Envelopes and Driveway Locations: Building envelopes and driveway locations must
be shown on the plans. On the newly created vacant lot, a buildable area of less than 35% slope
must be identified as an envelope.
See Site Plan for location of proposed building envelope.
Solar Access Performance Standards: All newly created lots must meet Solar Setback
"Standard A". This requires that new and existing structures on each lot cast no more shadow on
the lot(s) to the north taller than a six-foot high fence on the lot's north property line would. The
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JUN 2 9 2016
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setback requirement is determined through the following formula: {SSB = (H-6)/(0.445 +S)}
where SSB is the required solar setback from the north property line, H is the height of the
shadow producing point(s) of a building, and S is the average slope of the lot calculated 150 feet
north of the midline of the property, as detailed in AMC 18.4.8.030. The application must
demonstrate that a 21-foot tall structure can be located on all proposed lots, and meet "Standard
A" with a solar setback which does not exceed 50 percent of each lot's north-south dimension
(See AMC 18.4.8.040).
Solar Calculation: Setback ,4
Height = 21' JUN 29 2016
Slope = . 0% r:
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City
21 -6=15
(445 = (0)) =.445
15 / . 445 = 33.5' Setback from N. lot line
Public Facilities: The site plan map and written findings must show that there are adequate
public facilities (water, sewer, storm sewer and electricity) and describe the location and size of
lines available. Storm drainage from the proposed lots and existing residence will have to be
directed to the storm drain system. The formal application will have to show utility connections
such as electric and storm drain (potentially gas) as well.
This section of Penny Drive does not currently qualify as a fully improved public street as it
lacks a fully improved sidewalks. Given installation of a sidewalk only along the property f
frontage would not presently connect to an existing sidewalk, to postpone installation the I
applicant will need sign in favor of a Local Improvement District for Penny Drive to commit to
future contributions for their improvement.
See Attachments provided for documentation of existing public facilities.
Trees: The application is subject to the requirements of 18.5.7, including a Tree Preservation,
Protection and Removal Plan in accordance with 18.4.5. The Tree Protection Plan must identify
all trees 6" DBH and greater on the property and within 15 feet of the property lines as well as
the species and drip line of the trees (see 18.4.5.030 for requirements). Trees must be protected
during construction and the impacts of construction activities reviewed in development of the
Tree Protection Plan. A Tree Removal Permit is required to remove any trees 18" DBH or
greater on the parcel.
There are no existing trees within the areas of proposed development of Lot A for the paved ~
Driveway and Parking Area. The existing trees on Lot B will be addressed in applications for
future development. See Attachment provided documenting existing tree locations.
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Lot Coverage: The maximum lot coverage allowed in this zoning district is 40 percent of the lot
area. Lot coverage includes everything on the lot but natural/landscaped areas (i.e. buildings,
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driveways, walkways, other pavement and soil disturbances what will not allow normal water
infiltration). Permeable paving systems for driveways and patio areas cannot be considered
landscaping and are required to be included in the lot coverage calculations. Please provide the
lot coverage calculations for the existing lot.
Lot A has a total area of 18,771 sq. ft and the existing and proposed Non Pervious areas total
3,3 74 sq. ft. representing 18% lot coverage. Lot B has a total area of 11, 721 sq, ft. and the
proposed Building Envelope and Driveway areas total 3,150 sq. ft representing 27% lot
coverage. Lot A and Lot B both have lot coverage values below 40% and are compliant to the R- [
1-10 40% maximum lot coverage requirement.
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955 Penny Drive 0 Hydrant Taxlots
391 15 BC 3010 Sanitary Sewer Utility features Streets
November 7, 2005 Electric features Building
Storm Water Utility features
1:600 Water Utility features Contour
Jr.1 inch equals 50 feet 2 ft interval
Taxlot Identified
Mapping is schematic only and bears no warranty of accuracy. 10 ft interval
All features, structures, facilities, easement or roadway locations Public Utility Easements
should be independently field verified for existence andlor loratinn
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ZONING PERMIT APPLICATION
\ Planning Division
51 Winburn Way, Ashland OR 97520
FILE
CITY o F 541-488-5305 Fax 541-488-6006
ASHLAND
DESCRIPTION OF PROJECT Nl ti~Lo
DESCRIPTION OF PROPERTY tt Pursuing LEED® Certification? ❑ YES ❑ NO
Street Address
Assessor's Map No. 391E 1 t c~ Tax Lot(s) O 1 b
Zoning Comp Plan Designation
APPLICANT
Name L_k Phone 1 ail ~r~ rv o v1
Address 1~0SZ5 i ~ :(,e J~o City A5 Zip c:>
PROPERTYOWNER (
Name A, J.JJ~ Phone, (-jG (-Q 52.E-Mail o ~ tit S
Address City Zip
SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER
Title »`c. t q Name t I L=T- PhondS'~-[51~ -Mail n
Address I'a3S7> 4t,_~ ::f z r~ City zip -17 `S !-z>
I
Title Name Phone E-Mail
Address City Zip
1 hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects,
true and correct, I understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their
location found to be incorrect, the owner assumes full responsibility, 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 equest being set aside, but also possibly in my structures being built in reliance thereon being required to
he removed at my expense. If I have any doub is to seek competent professional adv e and assi ance,
2- l
Applicant's Signature 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
ownerl~ n
Pro erty Owner's Sign ure (required) Da
[To be completed by City Slap)
Date Received o Zoning Permit Type. Filing Fee $
OVER
CAUsers\Brint\Dowriloads\Zoning PermitApplication.doc
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Job Address: 955 PENNY DR Contractor:
ASHLAND OR 97520 Address:
C
Owner's Name: JULIA BONNEY 0 Phone:
Lic
~ Customer 08918 N Y State City Lic No:
No:
P BONNEY AND WILLS LEATHERWORKS
Applicant: 955 PENNY DR N
Address: ASHLAND OR 97520 A
C C Sub-Contractor:
A Phone: T Address:
N Applied: 06/29/2016 0
T Issued:
Expires: 12/26/2016 Phone:
State Lic No:
Maplot: 391E15BC3010 City Lic No:
DESCRIPTION: Land Partition, creating two lots
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
Land Partition (type 1) 1,146.00
CONDITIONS OF APPROVAL
COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 East Main St. Fax: 541-488-5311
Ashland, OR 97520 TTY: 800-735-2900
www.ashland.or.us
CITY
Request Line: 541-552-2080 OF
UL
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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 Development Fees: $ 0.00 $ 0.00
(180 days).
2. Work shall not proceed past approved inspection stage. All Systems Development Charges: $ 0.00 $ 0.00
required inspections shall be called for 24 hours in advance. Utility Connection Fees: $ 0.00 $ 0.00
3. Any modifications in plans or work shall be reported in
advance to the department. Public Works Fees: $ 0.00 $ 0.00
4. Responsibility for complying with all applicable federal, state, Planning Fees: $ 1,146.00 $ 1,146.00
or local laws, ordinances, or regulations rests solely with the
applicant. Sub-Total: $ 1,146.00
Fees Paid: $ 1,146.00
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
www.ashland.or.us
Inspection Request Line: 541-552-2080 CITY F
6 lff LAN T"