HomeMy WebLinkAboutEMain_1447_PA-2016-01503
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LAND
October 4, 2016
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Notice of Final Decision
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On October 4, 2016, the Community Development Director approved the request for the following:
Planning Action: PA-2016-01503
Subject Property: 1447 E. Main E
Applicant: Cutting Family Trust/Kevin Cutting
Description: A request for a Minor Land Partition approval to allow for the creation of an
8,249 square foot lot to the rear of 1447 East Main Street. The request includes Conditional Use Permit
approval to allow for the retention of an existing structure. The existing structures setbacks will be
reduced after partitioning, but the size, location, and use of the structure are not proposed to be modified.
COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5;
ASSESSOR'S MAP: 39 lE l OBD TAX LOT: 128.
The Community Development Director's decision becomes final and is effective on the 12t1i 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 Marl-, Schexnayder in the Community
Development Department at (541) 488-5305.
cc: Parties of record and property owners within 200 ft
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
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SECTION 18.5.1.050 Type I Procedure (Administrative Decision with Notice)
E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to
subsection 18.5.1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision.
F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below.
1. Any party entitled to notice of the planning action, or any City department may request reconsideration of the action
after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no
fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision.
Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence
during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity
to respond to the issue prior to making a decision.
2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall
decide within three days whether to reconsider the matter.
3. If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the
decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse
the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any
party entitled to notice of the planning action.
4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the
reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration.
G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following:
1. Who May Appeal. The following persons have standing to appeal a Type I decision.
a. The applicant or owner of the subject property.
b. Any person who is entitled to written notice of the Type I decision pursuant to subsection
18.5.1.050.B.
c. Any other person who participated in the proceeding by submitting written comments on the application to the
City by the specified deadline.
2. Appeal Filing Procedure.
a, Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.050.G.1, above, may
appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of
this subsection. The fee required in this section shall not apply to appeals made by neighborhood or community
organizations recognized by the City and whose boundaries include the site. If an appellant prevails at the
hearing or upon subsequent appeal, the fee for the initial hearing shall be refunded.
b. 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: 541A88-5305
51 Winburn Way Fax: 541-552-2050 I j
Ashland, Oregon 97520 TTY: 800-735-2900 }
F -d.or.us J
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ASHLAND PLANNING DIVISION E
FINDINGS & ORDERS
PLANNING ACTION: 2016-01503
S CT PROPERTY: 1447 East Main Street
OWNER/APPLICANT: Cutting Family Trust/Kevin Cutting
DESCRIPTION: A request for a Minor Land Partition approval to allow for the creation of
an 8,249 square foot lot to the rear of 1447 East Main Street. The request includes Conditional Use Permit
approval to allow for the retention of an existing structure. The existing structures setbacks will be reduced
after partitioning, but the size, location, and use of the structure are not proposed to be modified.
COMPREHENSIVE PL DESIGNATION: Single Family Residential; ZONING: R-1-5;
ASSESSOR'S P: 39 lE IOBD; T LOT 9: 128.
SUBMITTAL DATE: August 5, 2016
DEEMED COMPLETE DATE: August 19, 2016
STAFF APPROVAL DATE: October 4, 2016
APPEAL DEADLINE (4:30 P.M.): October 17, 2016
FINAL DECISION DATE: October 18, 2016
APPROVAL, EXPIRATION DATE: April 18, 2018
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DECISION:
The subject property is an approximately 0.41 acre (17,638 square feet) parcel located on the north side
of East Main Street and to the east of Mallard Street. The zoning of the subject property is R-1-5, a single-
family residential zone with a minimum lot size of 5,000 square feet and as is the case with the subject
parcel 6,000 square feet for corner lots. The subject property contains an existing single-story, 1,733
square foot dwelling built around 1949 with a 630 square foot attached carport and covered patio according
to Jackson County Tax Assessor's records. Located at the rear of the existing single-family dwelling is an
880 square foot guest house/storage structure, originally a dairy barn according to the applicant. The
property located to the east of the subject parcel is outside of the Ashland City Limits and Urban Growth
Boundary. The subject property slopes gradually from south to north with an average slope of four percent.
The subject property was created as part of a minor land partition from the property to the north and west.
The partition created what is now part of the Mill Pond Subdivision. The subj ect property was not included
as part of the Mill Pond Subdivision. Along the properties frontages Mallard Street and East Main Street
are developed with curbside sidewalks. Mallard Street was created as part of the Mill Pond Subdivision
and city facilities are available within the right-of-way for East Main Street and Mallard Street. The
property currently has an 18.5 foot wide curb cut off of East Main Street and an additional curb cut on
Mallard Street.
The application proposes a Minor Land Partition to create two lots. The first lot (Parcel 1) would have
approximately 76 feet of frontage on Mallard Street and will be 110 feet in depth which meet the standards
for minimum lot width and depth. The existing 880 square foot guest house/storage structure is-proposed
to remain as existing and the lot, once partitioned, will be approximately 8,249- square feet (Parcel 1). The
existing 880 square foot guest house/storage structure is an average of 13 and a half feet in height and is
located more than 50 feet from any street. Thus the existing structure will meet the requirements to allow
for a Rear Yard Exception for Accessory Buildings to the standard setback requirements because the
structure is located six and a half feet from the rear property line. The newly proposed Parcel l will utilize
Planning Action #2016-01503
1447 East Main Street/MMS
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the existing curb cut on Mallard Street for the development of a future driveway to serve as access to the
parcel. 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" with calculations provided by the applicant as part of the
application materials.
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A new lot (Parcel 2) would be created to the south of the 880 square foot guest house/storage structure,
and would be approximately 9,389 square feet (Parcel 2) in area. Parcel 2 will retain the existing single-
family dwelling. The existing dwelling complies with the majority of the required yard setbacks for the
zone after the reconfiguration of the lot post-partition. However, the existing carport/covered patio
structure located approximately six feet from the east property line would not be able to comply with the
required rear yard setback for the newly created Parcel 2. The applicant is requesting a Conditional Use
Permit to allow for the existing carport/covered patio structure to be retained at its current setback. The
parcel will continue to take access from the existing curb cut located of off East Main Street. The existing
single-family dwelling will comply with the required solar setback post-partition. Since the property
located to the east of the existing single-family dwelling is.located outside of the urban growth boundary i
there appears to be sufficient evidence to conclude that the conditional use will have no greater adverse
material effect on the livability of the impact area.
The application includes a tree protection and removal plan for the subject property. There are 17 trees on
the subject property, six of which are located on proposed Parcel 1. There are four trees located adjacent
to Mallard Street on the proposed Parcel 1 (12-inch DBH oak; 11-inch DBH ash; 12-inch DBH ash; 7-
inch DBH spruce) which will likely be removed prior to development of a single-family dwelling on
Parcel 1. If these trees are removed a single street tree is proposed to be planted according to the standard I;
required by AMC 18.4.4.030.E. The application states that they are requesting a variation to the standard
30 feet spacing requirement due to the location of the existing curb cut and future proposed driveway. In
addition, there is an existing 14-inch plum tree that will be removed to allow for the construction of the
new single-family dwelling. One mitigation tree will be required to be planted per AMC 18.5.7.040.B.2.e
and this requirement shall be a condition of approval.
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Neighbor James Scott has provided written comment in opposition to the request. The comments note
that Mallard Street has a deficit of on-street vehicle parking spaces. In the letter, the neighbor requests
that parking for the newly created lot be provided for off-street. The primary concern is the impact of
additional vehicle parking generated by the future development of the proposed Parcel 1. Staff is in
agreement and the applicant will be required per AMC 18.4.3.040 to provide a minimum of two off-street
vehicle parking spaces.
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. 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 i 8.2, 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
Planning Action #2016-01503
1447 East Main StreeVMMS
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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.
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 and Conditional Use Permit. Therefore, the application with the
attached conditions complies with all applicable City ordinances. Planning Action #2016-01503 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 #2016-01503 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 #2016-01503
1447 East Main Street/MMS
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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 C
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.
3) That building permit submittals for Parcel 1 shall include:
a) 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 50 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 revised Tree Protection and Removal Plan consistent with the standards described
in AMC 18.4.5 & AMC 18.5.7 be submitted for review and approval by the Staff Advisor
prior to the issuance 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 of fill 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 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.
Planning Action #2016-01503
1447 East Main Street/MMS
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e) That the new driveway approaches be permitted through the Engineering Division and
are required to be separated from existing driveways and each other by a minimum of 24-
feet per City Street Standards. The driveway curb cuts shall be installed and inspected
prior to the issuance of a building permit for either parcel.
f) That a Verification Permit shall be applied for and approved by the Ashland Planning
Division prior to site work, tree removal, building demolition, and/or storage of materials.
The Verification Permit is to inspect the identification of the trees to be removed and the
installation of tree protection fencing for the trees on and adjacent to the site. The tree
protection shall be chain link fencing six feet tall and installed in accordance with AMC
18.4.5.030.C.
4) That prior to issuance of Certificate of Occupancy for Parcel 1:
a) That street trees, 1 per 30 feet of street frontage, shall be installed on the Mallard Street
frontage prior to the issuance of a Certificate of Occupancy for the single-family
dwelling. All street trees shall be chosen from the adopted Street Tree List and shall be
installed in accordance with the specifications noted in Section E of the Site Design and
Use Standards. The street trees shall be irrigated,
b) That a replacement tree to mitigate the tree removed shall be planted and irrigated prior
to issuance of Certificate of Occupancy.
B' Molnar, D rector Date
partmen f Community Development
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Planning Action #2016-01503
1447 East Main Street/MMS
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AFFIDAVIT OF MAILING
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STATE OF OREGON )
County of Jackson )
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The undersigned being first duly sworn states that: G
1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On 10/4/161 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 #2016-01503, 1447 E Main.
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Signature of Employee
DocumenQ 101412016
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PA-2016-01503 391 E10BD 129 PA-2016-01503 391 E10 700 PA-2016-01503 391 E10BD 1000
ABRAHAMS RHODA B TRUSTEE ET AL ASHLAND SCHOOL DISTRICT #5 BOVA JOSEPH A
89 MALLARD ST 885 SISKIYOU BLVD 1423 E MAIN ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
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PA-2016-01503 391 E10BD 128 PA-2016-01503 391 E10BD 1400 PA-2016-01503 391 E10BD 1500
KEVIN CUTTING KORALEK SUSAN L LULL BENJAMIN D/KEIKO T
1447 E MAIN ST 58 NORTH WIGHTMAN 66 N WIGHTMAN ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01503 391 E10BD 1300 PA-2016-01503 391 E10BD 4100 PA-2016-01503 391 E10BD 1200
MOORE PATRICK/CHARLOTTE SOUTHERN OREGON UNIVERSITY RUST SUSAN P TRUSTEE ET AL
50 N WIGHTMAN ST 1250 SISKIYOU BLVD PO BOX 3505
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01503 391 E10BD 800
SANCHEZ JOSEPH M PA-2016-01503 391 E10BD 4100 PA-2016-01503 391 E10BD 135
C/O CRAIG MURREL CPA SCIENCEWORKS HANDS-ON MUSEUM SCOTT JAMES K TRUSTEE ET AL
18831 BARDEEN AVE STE 200 1500 E MAIN ST 64 MALLARD ST
IRVINE, CA 92612 ASHLAND, OR 97520 ASHLAND, OR 97520 I.
PA-2016-01503 391 E10BD 133 PA-2016-01503 391 E10BD 1600 PA-2016-01503 391 E10BD 131
SIRACUSANO THERESA V TRUSTEE SONNTAG JANET M REV LIV TRUST VONDRACEK JEAN A
51 MALLARD ST 74 N WIGHTMAN ST 77 MALLARD ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01503 391 E10BD 136 PA-2016-01503 391 E10BD 900 PA-2016-01503 391 E10BD 132
WARREN ERIC BRADFORD WINTER TRUST ET AL WITNAUER ROBIN G TRUSTEE ET AL
PO BOX 60 634 IOWA 19263 98TH AVE S
TALENT, OR 97540 ASHLAND, OR 97520 RENTON, WA 98055
EAST MAIN
PA-2016-01503 PA-2016-01503 1447 AMY GUNTER POLARIS LAND SURVEYING NOD 10/4/2016
1424 S IVY PO BOX 459 NOD
MEDFORD, OR 97501 ASHLAND, OR 97520 20
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Planning Department, 51 Winburn Way, Ashland, Oregon 97520 ~ I T Y F
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541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 -ASHLI-1, a ~i )
PLANNING ACTION: 2016-01503
SUBJECT PROPERTY: 1447 E. Main
OWNER/APPLICANT: Cutting Family Trust/Kevin Cutting
DESCRIPTION: A request for a Minor Land Partition approval to allow for the creation of an 8,249 square
foot lot to the rear of 1447 East Main Street. The request includes Conditional Use Permit approval to allow for
the retention of an existing structure. The existing structures setbacks will be reduced after partitioning, but the
size, location, and use of the structure are not proposed to be modified. COMPREHENSIVE PLAN
DESIGNATION: Single Family Residential; ZONING: R-1-5; ASSESSOR'S MAP: 39 1E IOBD TAX LOT:
128.
NOTICE OF COMPLETE APPLICATION: August 23, 2016
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: September 6, 2016
SUBJECT PROPERTY
- 1447 East Main Street
PA-2016-01503
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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.
OCC
PRELIMINARY PARTITION PLAT ;
18.5.3.050
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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,
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.
CONDITIONAL USE PERMITS
18.5.4.050.A
A Conditional Use Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through
the imposition of conditions.
1. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with
relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program.
2. That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the development, and adequate
transportation can and will be provided to the subject property.
3. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject
lot with the target use of the zone, pursuant with subsection 18.5.4.050.A.5, below. When evaluating the effect of the proposed use on the impact area, the
following factors of livability of the impact area shall be considered in relation to the target use of the zone.
a. Similarity in scale, bulk, and coverage.
b. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of
capacity of facilities,
c. Architectural compatibility with the impact area.
d. Air quality, including the generation of dust, odors, or other environmental pollutants.
e. Generation of noise, light, and glare.
f. The development of adjacent properties as envisioned in the Comprehensive Plan.
g. Other factors found to be relevant by the approval authority for review of the proposed use.
4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance,
5. For the purposes of reviewing conditional use permit applications for conformity with the approval criteria of this subsection, the target uses of each zone
are as follows.
a. WR and RR. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential
Zones,
b. R-1. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential Zones.
c, R-2 and R-3. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential
Zones.
d. C-1. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio,
complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all
G:\comm-dev\planning\Planning Actions\Noticing Folder\?Jailed Notices & Signs\2016\PA-2016-01503.doos
[i
i
ordinance requirements.
I
e. C-1-D. The general retail commercial uses need in chapter 18.2.2 Base Zones and Allowed Uses, „-veloped at an intensity of 1.00 gross floor to area
ratio, complying with all ordinance requirements.
f. E-1. The general office uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio, complying
with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance
requirements.
g. M-1. The general light industrial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, complying with all ordinance requirements.
h. CM-C1. The general light industrial uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.50 gross floor to area ratio,
complying with all ordinance requirements.
L CM-OE and CM-MU. The general office uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.60 gross floor to area,
complying with all ordinance requirements. I
k. CM-NC. The retail commercial uses listed in chapter 183.2 Croman Mill District, developed at an intensity of 0.60 gross floor to area ratio, complying
with all ordinance requirements.
1. HC, NM, and SOU. The permitted uses listed in chapters 18.3.3 Health Care Services, 18.3.5 North Mountain Neighborhood, and 18.3.6 Southern
Oregon University District, respectively, complying with all ordinance requirements.
r
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GAcomm-de0planningFlanning Actions\Noticing Folder\Mailed Notices & Signs\2016TA-2016-01503.docx
AFFIDAVIT OF MAILING R
STATE OF OREGON )
County of Jackson )
The undersigned being first duly sworn states that:
1. I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On August 23, 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 #2016-01503, 1447 E. Main.
Signat of Employee
i-
i
G:Icomm-devlplanninglTemplateslTEMPLATE_Alfidavit of Mailing-Planning Acton Nodce.dote 812312016
i
PA-2016-01503 391 E10BD 129 PA-2016-01503 391 E10 700
ABRAHAMS RHODA B TRUSTEE ET AL ASHLAND SCHOOL DISTRICT #5
89 MALLARD ST 1885 SISKIYOU BLVD
ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01503 391 E10BD 1000 PA-2016-01503 391 E10BD 1100 PA-2016-01503 391 E10BD 128
BOVA JOSEPH A BOVA JOSEPH A CUTTING KENT D TRUSTEE
1423 E MAIN ST 1423 E MAIN ST 1447 E MAIN ST
ASHLAND, OR 97520 ! ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01503 391 E10BD 1400 j PA-2016-01503 391 E10BD 1500 PA-2016-01503 391 E10BD 1300
KORALEK SUSAN L LULL BENJAMIN D/KEIKO T MOORE PATRICK/CHARLOTTE
58 NORTH WIGHTMAN 66 N WIGHTMAN ST 50 N WIGHTMAN ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
III
PA-2016-01503 391 E10BD 4100 I PA-2016-01503 PA-2016-01503 I
OREGON STATE OF POLARIS LAND SURVEYING ROGUE PLANNING AND DEVELOPMENT
1250 SISKIYOU BLVD PO BOX 459 ! 1424 S. IVY STREET
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
I ~ I i f
PA-2016-01503 391 E10BD 1200 PA-2016-01503 391 E10BD 800 PA-2016-01503 391 E10BD 4100
RUST SUSAN P TRUSTEE ET AL SANCHEZ JOSEPH M i SCIENCEWORKS HANDS-ON MUSEUM
PO BOX 3505 18831 BARDEEN AVE STE 200 1500 E MAIN ST
ASHLAND, OR 97520 IRVINE, CA 92612 ASHLAND, OR 97520
PA-2016-01503 391 E10BD 135 PA-2016-01503 391 E10BD 133 PA-2016-01503 391 E10BD 1600
SCOTT JAMES K TRUSTEE ET AL SIRACUSANO THERESA V TRUSTEE ET SONNTAG JANET M REV LIV TRUST ET
64 MALLARD ST j AL AL
ASHLAND, OR 97520 51 MALLARD ST 74 N WIGHTMAN ST
ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01503 391 E10BD 131 PA-2016-01503 391 E10BD 136 PA-2016-01503 391 E10BD 900
VONDRACEK JEAN A WARREN ERIC BRADFORD WINTER TRUST ET AL
77 MALLARD ST i PO BOX 60 634 IOWA
ASHLAND, OR 97520 TALENT, OR 97540 ASHLAND, OR 97520
PA-2016-01503 391 E10BD 132 l i~'►7 F 1'~r~r,
~2JlU~(~
WITNAUER ROBIN G TRUSTEE ET AL
19263 98TH AVE S
2,1
RENTON, WA 98055
i_
I
Kevin Cutting
2551 Willow Way
Medford, OR 97501
I
i
i
Planning Department, 51 Winburn Way, Ashland, Oregon 97520 CITY F
541-488-5305 Fax:541-552-2050 www.ashland.or,us TTY:1-800-735-2900
ASHLAND
NOTICE OF APPLICATION
PLANNING ACTION: 2016-01503
SUBJECT PROPERTY: 1447 E. Main
OWNER/APPLICANT: Cutting Family Trust/Kevin Cutting
DESCRIPTION: A request for a Minor Land Partition approval to allow for the creation of an 8,249 square
foot lot to the rear of 1447 East Main Street. The request includes Conditional Use Permit approval to allow for
the retention of an existing structure. The existing structures setbacks will be reduced after partitioning, but the
size, location, and use of the structure are not proposed to be modified, COMPREHENSIVE PLAN
DESIGNATION: Single Family Residential; ZONING: R-1-5; ASSESSOR'S MAP: 39 1E 10131) TAX LOT:
128.
NOTICE OF COMPLETE APPLICATION: August 19, 2016
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: September 14, 2016
FF
SUBJECT PROPERTY
1447 East Main Street
j PA-2016-01503
Q
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z
Z E MAIN ST
1:600 A"
1 inch = 50 feet
~1 Noppbq is achmndic only and bama no vmrmly of ac<V racy,
a Meet AlIlwNrof, lvUHUrm,lacilhlaf,c a roadvay loc
S ahoold ba(ndepeiJenOy Held vmilk d f., or eafalence andtor I..d
loca0on.
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.
oox
i
PRELIMINARY PARTITION PLAT
18.5.3.050
i
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.
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.
CONDITIONAL USE PERMITS
18.5.4.050.A
A Conditional Use Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through
the imposition of conditions.
1. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with
relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program.
2. That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the development, and adequate
transportation can and will be provided to the subject property.
3. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject
lot with the target use of the zone, pursuant with subsection 18.5.4.050.A.5, below. When evaluating the effect of the proposed use on the impact area, the
following factors of livability of the impact area shall be considered in relation to the target use of the zone.
a. Similarity in scale, bulk, and coverage.
b. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of
capacity of facilities,
c. Architectural compatibility with the impact area.
d. Air quality, including the generation of dust, odors, or other environmental pollutants,
e. Generation of noise, light, and glare.
f. The development of adjacent properties as envisioned in the Comprehensive Plan.
g. Other factors found to be relevant by the approval authority for review of the proposed use.
4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance.
5. For the purposes of reviewing conditional use permit applications for conformity with the approval criteria of this subsection, the target uses of each zone
are as follows.
a. WR and RR. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential
Zones.
b. R-1. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential Zones.
c. R-2 and R-3. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential
Zones,
d. C-1. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio,
complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all
G:\comm-dev\planning\Planning Actions\Noticing PolderWailed Notices & Signs\2016\PA-2016-01503.docx
ordinance requirements. k
e. C-1-D. The general retail commercial uses usted in chapter 18.2.2 Base Zones and Allowed Uses, aeveloped at an intensity of 1.00 gross floor to area
ratio, complying with all ordinance requirements.
f. E-1. The general office uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio, complying
with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance
requirements,
g. M-1. The general light industrial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, complying with all ordinance requirements.
h. CM-C1. The general light industrial uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.50 gross floor to area ratio,
complying with all ordinance requirements.
L CM-OE and CM-MU. The general office uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.60 gross floor to area,
complying with all ordinance requirements.
k. CM-NC. The retail commercial uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.60 gross floor to area ratio, complying
with all ordinance requirements.
1. HC, NM, and SOU. The permitted uses listed in chapters 18.3.3 Health Care Services, 18.3.5 North Mountain Neighborhood, and 18.3.6 Southern
Oregon University District, respectively, complying with all ordinance requirements.
G:\connn-dev\planning\Planning Actions\Noticing FolderVVIailed Notices & Signs\2016\PA-2016-01503.docx
AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Jackson )
The undersigned being first duly sworn states that:
1. I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On August 19, 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 #2016-01503, 1447 E. Main.
kon (fl,
Sig ture of Employee
Documend 811912016
i
PA-2016-01503 391 E10BD 129 M-2016-01503 391 El0 700
ABRAHAMS RHODA B TRUSTEE ET AL ASHLAND SCHOOL DISTRICT #5
89 MALLARD ST 885 SISKIYOU BLVD
ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01503 391 E10BD 1000 PA-2016-01503 391 E10BD 1100 PA-2016-01503 391 E10BD 128
BOVA JOSEPH A BOVA JOSEPH A CUTTING KENT D TRUSTEE
1423 E MAIN ST 1423 E MAIN ST 1447 E MAIN ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
k
PA-2016-01503 391 E10BD 1400 PA-2016-01503 391 E10BD 1500 PA-2016-01503 391 E10BD 1300
KORALEK SUSAN L LULL BENJAMIN D/KEIKO T MOORE PATRICK/CHARLOTTE
58 NORTH WIGHTMAN 66 N WIGHTMAN ST 50 N WIGHTMAN ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01503 391 E10BD 4100 PA-2016-01503 PA-2016-01503
OREGON STATE OF POLARIS LAND SURVEYING ROGUE PLANNING AND DEVELOPMENT
1250 SISKIYOU BLVD PO BOX 459 1424 S. IVY STREET
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01503 391 E10BD 1200 PA-2016-01503 391 E10BD 800 PA-2016-01503 391 E10BD 4100
RUST SUSAN P TRUSTEE ET AL SANCHEZ JOSEPH M SCIENCEWORKS HANDS-ON MUSEUM
PO BOX 3505 18831 BARDEEN AVE STE 200 1500 E MAIN ST
ASHLAND, OR 97520 IRVINE, CA 92612 ASHLAND, OR 97520
PA-2016-01503 391 E10BD 135 PA-2016-01503 391 E10BD 133 PA-2016-01503 391 E10BD 1600
SCOTT JAMES K TRUSTEE ET AL SIRACUSANO THERESA V TRUSTEE ET SONNTAG JANET M REV LIV TRUST ET
64 MALLARD ST AL AL
ASHLAND, OR 97520 51 MALLARD ST 74 N WIGHTMAN ST
ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01503 391 E10BD 131 PA-2016-01503 391 E10BD 136 PA-2016-01503 391 E10BD 900
VONDRACEK JEAN A WARREN ERIC BRADFORD WINTER TRUST ET AL
77 MALLARD ST PO BOX 60 634 IOWA
ASHLAND, OR 97520 TALENT, OR 97540 ASHLAND, OR 97520
i
PA-2016-01503 391 E10BD 132 1447 E. Main
WITNAUER ROBIN G TRUSTEE ET AL 8/19/2016 NOC
19263 98TH AVE S 21
RENTON, WA 98055
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ROGUE PLANNING 9 DEVELOPMENT SERVICES, LLC
August 5, 2016
Minor Land Partition for Two Lot Partition AUG 2016
Subject Property
Address: 1447 East Main Street
Map & Tax Lot: 39 1E 10BD; 128
Property Owner: Cutting Family Trust
1447 E Main Street
Ashland, OR
Applicant: Cutting Family Trust Representative
Kevin Cutting
2251 Willow Way
Medford, OR 97501
Planning Consultant: Rogue Planning and Development Services
Amy Gunter
1424 S Ivy Street
Medford, OR 97501
Land Surveyor: Polaris Land Survey
Shawn Kampmann
PO BOX 459
Ashland, OR 97520
Comprehensive Plan Designation: Single-Family Residential
Zoning: R-1-5-P
Performance Standards Overlay
Lot Data:
Lot Area: .41 / 17,859 sf
Lot Coverage: Maximum 50 percent
Existing SFR: 1,733 sf
Carport, covered patios, paths: 800 sf
Driveway: 630 sf
Converted barn: 880 sf
1
ROGUE PLANNING 6 DEVELOPMENT SERVICES, LLC
Pavement: 120 sf
Existing Lot Coverage (Parcel #2): 4,163 sf
23 percent A[1 05 2016
PROJECT PROPOSAL:
A request for Minor Land Partition approval to allow for the creation of an 8,249 square foot lot to the rear of
1447 East Main Street. The request includes Conditional Use Permit approval to allow for the retention of an
existing structure. The regulatory setbacks are reduced post partition but the size, location and use of the
structure are not proposed to be modified.
PROPERTY DESCRIPTION:
The subject property is on the north side of East Main Street at the intersection of Mallard Street and East Main.
The property is zoned R-1-5, the properties to the north, west and south are also zoned R-1-5. The property to the
east is outside of the City limits and outside of the City's Urban Growth Boundary.
The lot is rectangular with approximately 100 feet of frontage on East Main and 161 feet of frontage on Mallard
Street. The lot is occupied by a 1,733 square foot, single story residence. There is a 630 square foot carport and
covered patio structure attached. To the rear of the residence, along the east property line is an 880 square foot,
guest house/storage structure, that was originally the dairy barn.
The property slopes gradually from the south to north at an average of four percent.
The subject property was NARY
Subacrl bnd and a orn 1o bofnro ea aTla
1+o1AnrPUelK-oec:.ol6 sURil,E~gDR KNOW ALL
created as part of a minor land 1q~dab eE tF.g D. NA AKAMM
3 N DD'OS'60'E ]iB.2B' •I•V
partition from the property to 1 h.rabv crrtily that Tbl eplst°~, .2CW1°' B M ee'Da'6B'E 161.12' F; iAr~
PROF96MONAL N
/ed upllcale of he orl glna 1. LA NO BIyq VETOP zIN
the north and west ((Survey -
#12378) PA-1990-111) and is SVRV YDR m,;,r• ea _
of PARCEL No. 2
0.405 Acre, - > ST
Parcel #2. Parcel #1, the
.5 o PARCEL No. I e: a.ts
partitioned area, was developed m o 1.039 Acres,
D] T. e. d.d16. °
into the Mill Pond Subdivision N'~ e3J U11111y B p.:d5lap'B Eol:m:nl B°lO
a_ 9J z " ?,:DO 6"saes ~ R '~la.-B -
(Mill Pond, Phase V). In order to a=
w
preserve the future partition a~ SW
cDAVE ..o ms lEnssg nev. BESaix;• s oo•os'0a•w isz. oB• 2
potential for the subject =a M. T: "":2"A"; APPROVAL O"property, it was not part of the"6Mlned end Ppprc ad thi.Zg~
f qg yy_, 19.
SW MR._ D n
No. 4p4 -
- Clan
Mill Pond Subdivision density ry'-' a e;, DnI °~O6
s o0'06• arw zoo. oo' w ..ulg ! na ae seuarlav vr.n.ed as ea ev dna ;5~a ° plennl.w
calculation. MILL POND SUBDIVISION a l•ale *••l+ ,_1Q_. ,g.4fd u+. r p 1. .pp o °
IT., Led 100, BB-1L-"D a Plonnod Unll Dovrlo msnf n•a•d mt._!3(,-_c.v el ef?ECygg, iz_9o_
There is a five-foot curbside sidewalk along both frontages of the property. Mallard Street was created as part of
the Mill Pond Subdivision and utilities to service the subdivision were installed underground at that time.
City facilities are available within both the East Main Street and the Mallard Street rights-of-way. The gas, water,
electric for the existing residence are from E Main Street, sewer is connect to Mallard Street. The services for the
new residence will come from Mallard Street. The property is not currently connected to the storm drain system.
2
i
j'
ROGUE PLANNING 6 DEVELOPMENT SERVICES, LLC
An irrigation ditch / creek is on the adjacent to the east property line, approximately two-feet from the subject
properties boundary line. The creek is underground for approximately 140-feet of the 161-foot property line
where it then daylights, the day lighted portion is approximately 20-feet from the property line. This creek is
identified on the City of Ashland Water Resources map as Paradise Creek. The property that the creek is located
on is outside of the City Limits and Urban Growth Boundary.
There are a number of mature trees on the property. There are seventeen trees greater than six-inches in diameter
at breast height (DBH) and larger. The trees on proposed Parcel #2, adjacent to the existing residence are not
discussed in detail and no modifications to the trees or landscaping is proposed as part of this application.
On proposed Parcel #1, there are four deciduous trees along the street frontage of the property. There is a 12-
inch DBH Oak, an 11-inch and a 12-inch DBH Ash and a 7-inch DBH spruce. There is a 14-inch DBH plum tree in the
middle of the proposed parcel and a 22-inch DBH Cedar tree near the converted barn structure.
The existing lot has frontage on both East Main Street and Mallard Street. Both streets are improved with curb,
gutter, and curbside sidewalk. The property has a 18.5-foot wide driveway curb cut and access from East Main
Street. There is a driveway curb cut approximately five-feet from the north property line on Mallard Street.
There are no significant natural features on the property.
PROJECT PROPOSAL:
The request is to divide the property into two parcels. Proposed Parcel #1, is proposed to have approximately 76
feet of frontage on Mallard and is proposed to be 110 feet deep. The existing guest house/storage structure will
be retained. Proposed Parcel #2 would contain the existing single family residence and is proposed to be
approximately 85 feet on the Mallard Street frontage and have 110 feet of frontage on East Main.
Parcel 1:
Lot area: 8,249 square feet
Lot coverage: -1,000 square feet/ 8 percent
The 880 square foot structure that is proposed to be retained on the property is a converted dairy barn. It was
converted into a multi-purpose room with restroom and storage area at some time in the past. It has been used
for everything from a detached bedroom, guest room, exercise room, office, etc. This structure does not have
kitchen cooking facilities, but it is proposed to be retained as an accessory structure to the future single family
residence on the new parcel. The structure has a long history on the property, has embodied energy and is well-
built, has been in existence since at least the 1940s and is functional as a guest house and a storage space, it has
intrinsic and historical value and should be retained. The property owner is seeking an exception to the standards
for an accessory structure to be on the site prior to the construction of a primary structure.
The barn/guest house is an average of 13-feet, 4.5-inches tall and more than 50-feet from the street. The structure
is located six and one half feet from the reconfigured rear lot line of the proposed Parcel #1. With the existing
setbacks, and based on the height of the structure, the structure complies with the accessory structure setback
requirements.
There is a small brick walkway around the structure.
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RDGDE PLANNING E DEVELDPMENT SERVICES, LLC
The proposed new access for Parcel 1 would utilize the existing driveway curbcut on Mallard Street near the north
property line.
Parcel 2:
Lot Area: 9,389 square feet
Lot Coverage:
Existing SFR: 1,733 sf
Carport, covered patios, paths: 800 sf C
Driveway: 630 sf
Tota I: 3,163 sf
Parcel 2 would retain the existing single family residence. With the partition, the property lines which determine
setback standards are altered because Mallard Street becomes the narrower of the street frontages. The existing
residence complies with the majority of the setbacks of the zone including, front yard setback for the reconfigured
front property line (Mallard Street), interior side yard where, due to solar setbacks, a minimum of 9.5 feet is
required, 10 feet has been proposed and the side yard abutting a public street, where 10-feet for East Main is
required, the existing 33-feet will remain.
Conditional Use Permit:
The carport / covered patio structure along the east property line, where historically a six-foot, side yard setback
was required. With the re-configured setback requirements, the structure will not comply due to the "new",
required rear yard setback. A conditional use permit to retain the "non-conforming" structure in its current form
is sought.
The property owner will retain the existing curb cut and driveway access from East Main Street as the access to
the existing residence. The new lot will have access off of Mallard Street and will not,impact the driveway on East
Main Street.
Solar Setback Standard A:
The proposed lot width -foot-wide lot is able to comply with the required lot width for a 21-foot tall structure. For
the purposes of calculating the solar setback, using the formula provided in ALUO 18.4.8., the parcel slopes four
percent downhill to the north. Based on the slope of the property, a 21-foot tall structure must have a 37.03-foot
setback from the north property line (21- 6 = 15 /.405 = 37.03). In order to comply, the corresponding minimum I;
lot width is 74.06 feet. Parcel #1 is proposed to have an average north / south dimension of 76.46 feet wide.
The existing residence complies with the solar setback. The attached carport / covered patio area was permitted
in 2000. It is attached to the east side of the existing residence and wraps around to the north, where it connects
to the roofline of the residence. The north eave of the existing structure and the carport / covered patio addition
requires a 9.5 foot, solar setback. The proposed north property line is 10-feet to the north of the structure.
AUG 05 2016
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ROGUE PLANNING 8 DEVELOPMENT SERVICES, LLC
Trees:
i
There are 17 trees located on the property. Six of the sites trees are the on proposed Parcel #1. Four are along
Mallard Street. The trees can be found on the attached tree plan. All of the trees appear to be in good condition.
The 12-inch DBH Oak, 11-inch and a 12-inch DBH Ash trees and the 7-inch DBH spruce will likely be removed in
order to facilitate the development of the site. No protection is proposed for the trees. In the event that there are
no trees remaining along the frontage of the property post construction, a street tree will be planted in accordance
with the standards. Only one tree will be planted due to the spacing standards which require a ten-foot separation
from the driveway, this leaves 43.47 feet for a tree to be planted. The tree will be irrigated and planted near the
front property line and the public right-of-way.
The 14-inch DBH plum tree near the proposed south property line between the proposed lots, it will also be
removed to allow for the construction of a new single family residence.
Tree protection fencing will be provided for the Cedar tree near the guest house / storage structure and for the
20-inch fir on Parcel #2 during the installation of the sewer line.
CONCLUSION:
The applicant finds that the proposed Minor Land Partition to create a new, 8,249 square foot single family:
residential lot in the R-1-5 (5,000 square foot lot minimum) zone complies with or through the imposition of
conditions can comply with the Ashland Land Use Ordinance for Minor Land Partition, including lot width and
depth ratio requirements, the future structure is able to comply with the setback standards from the underlying
zone including the solar setback standards. The future residence has ample site area to construct a new single
family residence and provide adequate parking, lot coverage, utility connections, etc. The applicant finds that the
Conditional Use Permit for the carport and porch area attached to the existing residence on the parent parcel
(Parcel #2), complies with the criteria. The applicant finds that the removal of the five trees on the proposed lot
is not subject to the Ashland Land Use Ordinance because the trees are less than 18-inches in diameter at breast
height. The tree that is great than 18-inches DBH will have tree protection fencing in accordance with the
regulations from the code. A street tree will be planted in accordance with the city's standards in the front yard
of the new residence on Parcel #1.
On the following pages are the findings of fact addressing the criteria from the Ashland Municipal Code for Minor
Land Partition and Conditional Use Permit. The applicant's findings are in Calibri font and the City of Ashland
criteria are in Times New Roman. Thank you for your consideration.
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CRITERIA FOR APPROVAL:
Ashland Unified Land Use Ordinance
18.5.3.050 Preliminary Partition Plat Criteria
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.
The partition will not impede the remainder of the tract from being developed. The parent parcel (Parcel #2) at
9,389 square feet in area exceeds the minimum lot size in the zone of 5,000 square feet. The proposed Parcel #1
with 8,249 square feet has adequate buildable area to allow for the construction of a new residence, and to
provide an adequate yard area while complying with the lot coverage standards in the zone.
B. The development of the remainder of any adjoining land or access thereto will not be impeded.
The development of the adjoining land and access to those properties will not be impeded by the proposed
partition.
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.
To the applicant's knowledge there are no City adopted neighborhood or district plans. There are not previous
land use approvals with outstanding conditions that impact the property.
D. The tract of land has not been partitioned for 12 months.
The property was last "partitioned" with the creation of the Mill Pond Subdivision.
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).
The subject property is not part of any overlay zoning that would include specific development requirements.
Parcel #1 is proposed to be an average of 76.31 feet wide with an average lot depth of 106.5 feet. The proposed
dimensions comply with the minimum lot width and depth standards. The proposed lot with 8,249 square feet
exceeds the minimum lot area in the R-1-5 zone. It is occupied by an 880 square foot, detached accessory structure
that was the dairy barn on the property. The barn was partially converted into a guest house with a bathroom and E
storage area. It does not have a kitchen and is not intended to modified as part of the requested partition. A no
kitchen agreement can be signed if necessary.
The future residence on Parcel #1 will demonstrate compliance with setbacks from proposed lot lines at the time
of the building permit submittals.
AU 0 5 2016 6
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The proposed lot provides a buildable area that provides adequate width to comply with Solar Setback Standard
A required for newly created lots. The lot has an average slope of four percent downhill to the north. A 21-foot
tall structure would require a 37.03-foot setback from the north property line. The average lot width is 76.31 feet;
37.03 feet does not exceed 50 percent of the proposed Parcel #1 North/South lot dimension.
The proposed Parcel #2 with 84.46 feet of frontage on Mallard Street and 108.90 feet of frontage along East Main
Street complies with minimum lot and width standards. With a proposed lot area of 9,389 square feet, proposed
Parcel #2 also exceeds the minimum lot area in the R-1-5 zone. The proposed lot also complies with the maximum
lot coverage in the R-1-5 zone. There is 3,163 square feet of impervious surface area on Parcel #2 which is 34
percent, less than the 50 percent allowed by code.
There is a 22-inch DBH Cedar tree near the guest house structure that will have tree protection installed. The other
trees on the site including the 14-inch plum tree, the 12-inch oak tree, the two Ash trees and the 7-inch spruce
tree will likely be removed. The trees are not subject to the removal section of the municipal code and at this
point, protection fencing is not proposed.
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.
Parcel #1: The proposed new lot has an existing 18.5-foot wide driveway curb cut, approximately five feet from
the north property line. The new residence will take access from this driveway curb cut. The adjacent property to
the north's driveway curb cut is more than 24-feet from the existing driveway curb cut on the proposed lot. The
future residence will accommodate on-site parking for two vehicles with adequate back-up and turn around.
Mallard Street is classified as a neighborhood street and requires a 35-foot wide separation from the driveway
and intersection, the existing driveway curb cut is more than 35-feet from the intersection. The width of the
driveway complies with minimum and maximum driveway curb cut widths. There is only one curb cut per street
frontage.
Parcel #2: The existing parking is located in the 20-foot wide driveway accessed off of East Main Street. The curb
cut is pre-existing and will be retained. The existing 20-feet of width is adequate for two vehicles parked side by
side. The parking is not in the front yard. There is more than 22-feet of back-up area available for the residence. !
East Main Street is classified as an Avenue in the Transportation System Plan and a 50-foot setback from the
intersection is required, more than 50-feet exists, the existing driveway complies. There is only one curb cut per
street frontage.
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.
Proposed Parcel #1 will have all required utilities stubbed out to the edge of the property. The property is served
by an eight-inch water main in East Main Street and an eight-inch water main in Mallard Street. The water service
connection for the lot was installed with the Millpond Subdivision, the meterjust need to be installed. There is an
eight-inch sanitary sewer main in Mallard Street and a 12-inch storm water sewer main in Mallard Street. There
is a transformer adjacent to the northwest corner of the property. The new parcel will have underground service
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ROGUE PLANNING 8 DEVELOPMENT SERVICES, LLC
from this transformer. In conversations with the City of Ashland representative of each department responsible
for the maintenance of the public utility infrastructure, there is adequate capacity for an additional, developable
parcel.
The existing residence and the guest house have a connected sewer system on the private property. These lines
will be separated and the existing residence will have a new line installed nearer the shared property boundary, a
five-foot utility easement is proposed along Mallard Street and then in a five-foot-wide utility easement proposed
to parallel the proposed south property line of Parcel #2 in order to accommodate the sanitary sewer
modifications for 1447 E Main Street. The sanitary sewer will be modified with a plumbing permit and a
corresponding easement will be placed upon the relocated line prior to the submittal of the final survey plat.
No modifications to the existing curbside sidewalks on both frontages are proposed as part of the partition.
H. Unpaved Streets.
Both streets are improved public streets.
1. Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited
from the street.
A public alley does not exist adjacent to the property.
J. Required State and Federal permits, as applicable, have been obtained or can reasonably be obtained prior to
development.
There do not appear to be any required State or Federal permits that apply to the proposed partition or to the
future development of Parcel #2.
K. A partition plat containing one or more flag lots shall additionally meet the criteria in section 18.5.3.060.
A flag lot is not proposed.
18.5.4.050 - Conditional Use Permit Approval Criteria
A. Approval Criteria. A Conditional Use Permit shall be granted if the approval authority finds that the
application meets all of the following criteria, or can be made to conform through the imposition of
conditions.
1. That the use would be in conformance with all standards within the zoning district in which the
use is proposed to be located, and in conformance with relevant Comprehensive plan policies
that are not implemented by any City, State, or Federal law or program.
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The use of site as a single family residential lot and the use of the carport that no longer complies with the required
six-foot setback from when it was constructed due to a shift in the designated property lines due to reconfigured
lot layout will remain a carport and single family residence. The use is consistent with the Comprehensive Plan
policies of the City of Ashland.
2. That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage,
paved access to and throughout the development, and adequate transportation can and will be
provided to the subject property.
The request for a Minor Land Partition which triggers the need for the Conditional Use Permit, will have water,
sewer, electricity and storm water drainage for the future new residence on the site, according to the various
representatives from the aforementioned utility departments, there is adequate capacity to service the new lot
in addition to the existing residence on the site.
Both East Main Street and Mallard Street are paved city streets with curb, gutter and sidewalk.
3. That the conditional use will have no greater adverse material effect on the livability of the
impact area when compared to the development of the subject lot with the target use of the
zone, pursuant with subsection 18.5.4.050.A.5, below. When evaluating the effect of the
proposed use on the impact area, the following factors of livability of the impact area shall be
considered in relation to the target use of the zone.
The target use of the zone is single family residential and the lot is large enough for two lots. The proposal results
in two single family residential lots. The use of the carport/ covered porch and the altered setbacks which trigger
the need for the CUP is a use consistent with the single family residential use of the property.
The single family residence and the attached carport is similar in scale, bulk and coverage as other single family
residential lots in the vicinity.
The proposed partition and resulting setback change will have no impact on the generation of traffic beyond that
created as part of a lot that is large enough for two single family residential, 5,000 square foot minimum lot size
parcel.
No impacts to architectural compatibility with the impact area will be affected by the proposal.
The proposed retention of the carport/ porch area will not have any negative impacts on air quality, generation
of dust, odors, noise, light, glare or other environmental pollutants.
The property to the east, is the only parcel impacted by the structure. It is a 20-acre, Exclusive Farm Use (EFU)
zoned property under the jurisdiction of Jackson County. It is the site of Willow Wind, an Ashland School District,
K-8 School. In the event that another structure is allowed on the property near the subject properties common
boundaries, the minimum setbacks in the EFU zone can be found on the following table extracted from Chapter
8, Section 2, of the Jackson County Land Development Ordinance (JCLDO, Chapter 8, page 1).
AUK 5 2016
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kl
RESOURCE "DISTRICTS
EFU, 80 acres [2] 600 1180 30 30 30 35 8.5.3(c)
FR,WR,
OSR, AR
The properties to the north and west are developed as single family residences and their accessory uses. The
property to the south across E Main Streets development potential is not impacted by the proposed CUP.
4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted
pursuant to this ordinance.
The use of the site and the structure as single family residential and associated accessory structures is permitted
by this ordinance.
Attachments:
1) 1952 aerial photograph
2) Preliminary Survey
3) Tree protection plan
AUG 0 ~ 10
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1952 Aerial photo
t Dairy barn at top right corner of black
outline. House is to the south in the
center of the outline near E Main.
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488-5W~' 408-5305
APPL. TO PERMIT FEES
RESIDENTIAL V/ COMMERCIAL Plan Check $ zo, / -3
Add']: structural $
STREET ADDRESS ~ . Plumbing
TAX LOT NO._l IN HIST. /DEIST? -2-tv electrical $
OWNER v~ l t-G-e~C, C i~ Special Inspec. $
ADDRESS/PHONE 7,S__ FEE ST. SURCHG
Building $ $ 3
Plumbing $ $
CONTRACTOR e~? * Mech. $ $
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Subtotal $ $
BUILDERS BOARD NO. EXP. Total Bldg. Fees $
CITY LICENSE NO. SDC's $
One Stop Fee $ _
PLANS: 2 SETS SGC; 1 SET * Total Fees Due $ 10 7, J f
TYPE OF HEAT ~ Total Fees Pasd $ 7- ~iz
Super Good Cents/Energy Smart Design/Density Bonus Approved Yes No
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I Occupancy: Type Construction
Occupany Load Floor Area/Sq. Ft.
No. of Stories Plan Check By Date 3 11:1
-Corrclitions
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N Hist. Comm. Review by Date ~l NORTH
Cert, of Occ. Required Yes Nc, FRONT YARD
CONDITIONS
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CERTIFICATION OF TRUST
(ORS 130.860)
1. The Kent D. Cutting and Geraldine A. Cutting Family Trust was established under
agreement dated June 27, 1994 (the "Trust").
2. The Trustors/Settlors of the Trust are Kent D. Cutting and Geraldine A. Cutting who are
both now deceased.
3. The currently acting Trustee of the Trust is Kevin A. Cutting whose mailing address is
r`lc~~v 4 w OR 4. The trust powers include•all those trust powers contained in the Uniform Trustees'
Powers Act set forth in ORS 130.650 to 130.730.
5. The Trust is now irrevocable.
6. The Trust's taxpayer identification number is 7 °
7. Trust assets should be taken in the name of Kevin A. Cutting, Trustee of the Kent D.
Cutting and Geraldine A. Cutting Family Trust under agreement dated June 27, 1994.
8. The Trust has not been revoked, modified, or amended in any manner that would
cause the representations contained in this certification to be incorrect.
9. This Trust was established under the laws of the State of Oregon.
Kevin A. Cutting, Truste
STATE OF OREGON )
ss.
County of Jackson )
On i0h~ h ,2o /S personally appeared the above named Kent A. Cutting,
Trustee, and acknowledged the foregoing instrument to be his voluntary act and deed.
OFFICIAL SEAL
E-77JANIE L WICKRE Not y Public for Oregon
TARY PUBLIC - OREGON My Commission Expires: A; W
OMMISSION NO. 478785
ON EXPIRES JULY 20, 2017
CERTIFICATION OF TRUST - 1
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ZONING PERMIT APPLICATION
Planning Division
51 Winburn Way, Ashland OR 97520
CITY OF F I L E # 0/-5
ASH LAN ® 541-488-5305 Fax 541-488-6006
DESCRIPTION OF PROJECT Minor Land Partition
DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? ❑ YES A NO
Street Address 1447 E Main Street
Assessor's Map No. 39.1 E 10BD Tax Lot(s) 128
Zoning R-1-5-P Comp Plan Designation Single Family Residential
APPLICANT
Name Kevin Cutting (Trust Representative) Phone 541-890-2986 E-Mail kevin.a.cutting@gmail.com
Address 1447 E Main Street City Ashland Zip 97501
PROPERTY OWNER
Name Cutting Family Trust Phone E-Mail
Address 1447 E Main Street City Ashland Zip 97520
SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER
Title Land Use Planner Name Amy Gunter Phone 541-951-4020 E-Mail amygunter.planning@gmail.com
Address TyV City Medford Zip 97501
Title Surveyor Name Polaris Land Surveying Phone 541-482-5009 E-Mail shawn@polarissurvey.com
Address PO BOX 459 City Ashland Zip 97520
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 request being set aside, but also possibly in my structures being built in reliance thereon being required to
be removed any expense. If I hive any douht^. 1 am advised to seek competent professional advice a la assistance.
Applicant's Signature Date
As owner of the property involved in this request, l have read and understood the complete application and its consequences to me as a property
owner. -
Property Owner's Signature (requir ) Date
[To be completed by City Staff] _
Date Received Zoning Permit Type Filing Fee $
OVER O/
G:\comm-dev\planning\Fotms & Handouts\Zoning Permit Application.doc
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Job Address: 1447 EAST MAIN ST Contractor:
ASHLAND OR 97520 Address:
PP Owner's Name: CUTTING KENT D TRUSTEE ® Phone;
Customer 08971 N State Lic No:
L T City Lic No:
KEVIN CUTTING
Applicant: 2551 WILLOW WAY R
Address: MEDFORD OR 97501 A
C C Sub-Contractor:
A Phone; T Address:
N Applied: 08/05/2016
T Issued:
Expires: 02/01/2017 R Phone:
State Lic No:
Maplot: 391 E10BD128 City Lic No:
DESCRIPTION: Minor Land Partition & CUP for non conforming 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
Conditional Use Permit Type 1 1,022.00 Land Partition (type 1) 1,158.00
E7 CONDITIONS OF APPROVAL
COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 East Main St. Fax: 541-488-5311
Ashland, OR 97520 TTY: 800-735-2900
www.ashland.or.us
Inspection Request Line: 541-552-2080 CITY OF
LAN 13-
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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: $ 2,180.00 $ 2,180.00
or local laws, ordinances, or regulations rests solely with the
applicant. Sub-Total: $ 2,180.00
Fees Paid: $ 2,180.00
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 OF