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HomeMy WebLinkAboutMaryJane_969_PA-2015-00081 CITY F ASHLAND March 12, 2015 Notice of Final Decision On March 11, 2015, the Community Development Director approved the request for the following: Planning Action: 2015-00081 Subject Property: 969 Maly Jane Avenue Applicant: D. A. Boldt Construction Co. Owners: Timothy A. and Caroline A. Brown Description: A request for an Exception to the Solar Setback requirements to allow the property located at 969 Mary Jane Avenue to shade the property to its north more than would otherwise be allowed by ordinance. The property owner to the north at 961 Mary Jane Avenue has agreed to the proposed shading. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 39 lE 14CB; TAX LOT: 3000. The Community Development Director's decision becomes final and is effective on the 12`h 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 Derek Severson in the Community Development Department at (541) 488-5305. cc: Timothy A. and Caroline A. Brown Parties of record and property owners within 200 ft i COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 C www.ashland.onus i ` SECTION 18.5.1.050 Effective Date of Decision and Appeals. ~ 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 I 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 malting 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. l 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. Titne 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, j ii. A statement demonstrating the person filing the notice of appeal has standing to appeal. I 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 11 public hearing procedures, pursuant to section 18.5.1.060, subsections A - E, except that the decision of the Planning Commission is the final j 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. 4 i COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 1 www.asl land.onus ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA-2015-00081 SUBJECT PROPERTY: 969 Mary Jane Avenue APPLICANT: D. A. Boldt Construction Co. OWNERS: Timothy A. and Caroline A. Brown DESCRIPTION: A request for an Exception to the Solar Setback requirements to allow the property located at 969 Mary Jane Avenue to shade the property to its north more than would otherwise be allowed by ordinance. The property owner to the north at 961 Mary Jane Avenue has agreed to the proposed shading. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 39 lE 14CB; TAX LOT: 3000 SUBMITTAL DATE: January 16, 2015 DEEMED COMPLETE DATE: February 11, 2015 STAFF APPROVAL DATE: March 11, 2015 APPEAL DEADLINE (4:30 P.M.): March 23, 2015 FINAL DECISION DATE: March 24, 2015 APPROVAL EXPIRATION DATE: March 24, 2016 DECISION The subject parcel is located at 969 May Jane Avenue, on the west side of Mary Jane Avenue between Mohawk Street, to the south, and Siskiyou Boulevard, to the north. The parcel is generally square, and has an area of approximately 0.41 acres, The property and those properties in its immediate vicinity to the north, east and west are zone R-1-7.5. Properties to the south and southeast are zoned R-1-10. An existing approximately 2,011 square foot single family home, which the county indicates was constructed in approximately 1959, is located in the southeastern quadrant of the property. There is an approximate ten percent slope down to the north, and lots on the block have been cut into this slope, with low retaining walls near their south property lines, to create building pads so that the properties slightly "stair step" down the slope to the north, from Mohawk Street towards Siskiyou Boulevard. With the current application, the applicant proposes to demolish the existing home and construct a new one in roughly the same location. In discussions with staff, the applicant has explained that the owners have lived in the home for a long time (county records show no sales of the property since 1973) and desire to remodel it in order to "age in place". As the applicant considered the logistics of such a remodel, it became apparent that the original home had been remodeled over the years with a number of additions on differing levels in response to the site's slope, and in order to create a single level floor plan to accommodate the owners as they age, the most cost-effective option was to demolish the existing home in order to reconstruct a new home in the same footprint, with a single floor level. The applicant proposes to construct the new home in roughly the same footprint, using the same driveway location, and with as little disturbance to the site and its existing landscaping as possible. They have also proposed to construct a home which is as compatible with the existing home and surrounding neighborhood as possible, however, because the home will be built on a single level based on the existing driveway elevation, it forces the floor level, and therefore PA #2015-00081 969 Maly Jane Ave,/dds Page 1 l 1 the new roof, to continue at that level while the property slopes down to the north, resulting in a higher solar shadow than would result if the home could be stepped down with the slope as the current structure does. The approval of an Exception to Solar Setback requirements requires a demonstration that three criteria are satisfied. The first of these is that, "The exception does notpreclude the reasonable use ofsolar° energy (i. e., passive and active solar'energy systems) on the site by future habitable buildings. " In findings provided by the applicant, they explain that the adjacent property is roughly 16,100 square feet in area and that the proposed shadow to be cast by the new home will extend only 152 square feet beyond that which would be cast by a six-foot fence. The applicant emphasizes that this shadow will be cast on the side of a garage, rather than upon living space, and that the garage is at least three-feet below the natural grade; they suggest that if the garage were built at natural grade the shadowing on the garage wall would be reduced by at least fifty percent. The application emphasizes that the proposal is intended to provide accessibility for the homeowners to age in place in order to continue to living in this location. The new home will be designed to have all of the living space on one level with wide hallways and doorways and an open floor plan. The existing driveway is to be retained and the garage floor needs to be at the level of the driveway in order to achieve the accessibility that is the basis for the request, meaning that the applicants can't lower the level of the floor or roof to reduce shadowing. The applicant emphasizes that the existing house cannot readily be modified to accommodate aging in place as the floor plan is poorly laid out, the floor is on three different levels, the hallways and doorways are too narrow, and the bathrooms are not currently accessible. To modify the existing structure would require putting in all new floor and wall systems, changing the plumbing and a I myriad of other changes which the applicant asserts would ultimately be more costly than constructing a new home as proposed. The application notes that the home is already near the south property line, and that j existing retaining walls prevent them from shifting the building further to the south, and also suggests that if they were to try to excavate the pad lower into the slope to mitigate the solar shadow, it could impact the subterranean water table as there are known drainage issues on this hillside. The application goes on to explain that they believe that a full gable roof design will allow the use of attic { space over the kitchen as storage, and that changing to a Dutch gable or full-hipped design in order to reduce the shadow would eliminate the functionality of the attic as storage and would not be consistent with the architectural patterns of the vicinity. The applicant emphasizes that the proposed roof form includes dormer windows on the front elevation to add architectural character to the street while providing natural light into the attic storage area. The applicant has provided alternative designs to illustrate the design options considered. I The second approval criterion is that, "The exception does not diminish any substantial solar access which benefits a passive or active solar energy system used by a habitable structure on an adjacent lot. " The application materials provided emphasize that the request does not diminish any substantial use of solar access which benefits a habitable structure on the adjacent lot, noting that the shadow proposed to be cast is only 152 square feet more than would be cast by a six-foot fence on the property line, and that the proposed shadow falls on a garage rather than habitable spaces. The application also notes that because the garage correlates to an existing driveway and curb-cut, it is likely to remain a garage rather than habitable space for j the foreseeable future. The final approval criterion is that, "There are unique or unusual circumstances that apply to this site which PA #2015-00081 969 Mary Jane Ave./dds Page 2 i do not typically apply elsewhere. " With regard to unique or unusual circumstances, the application explains that the new house is situated to reuse an existing driveway and approach, and to avoid disturbance to the existing retaining wall and well-established landscaping. Here staff would also note that having a development pattern where lots seem to stair step down the hillside to create level building pads is a somewhat unique situation in trying to create a single level home in the same general footprint that is accessible to accommodate aging in place. In staff's view, anecdotal evidence suggesting that the water table on this slope creates drainage problems and would likely complicate excavation to lower the home could also be seen as a unique or unusual circumstance. Subsequent to the notice of application, a number of neighbors came to -the Community Development office in order to verify what was proposed. One neighbor, who resides at 2030 Mohawk Street, also submitted a written comment noting that she needed more information to determine whether the proposal would adversely affect her property. After reviewing the proposal in the office and discussing with staff, Ahese neighbors have all indicated that they had no concerns and did not believe the proposal would affect their properties. In reviewing the request, staff initially questioned whether compliance could be achieved by lowering the home or altering the roof configuration, however after lengthy discussions with the applicant staff concur that the proposed shadowing is minimal, does not affect habitable space on the adjacent property, and is the result of site constraints resulting from the neighborhood development pattern on the slope along Mary Jane Avenue, and that more drastic site alterations could lead to drainage issues. As proposed, the Exception will minimize disturbance to the established patterns within the neighborhood while allowing the applicants to age in place. The criteria for an Exception to Solar Setbacks are described in AMC Chapter 18.4.8.020.0 as follows: C. Exceptions and Variances. Requests to depart from section 18.4.8.030 Solar Setbacks are subject to 18.4.8.020.C.1 Exception to the Solar Setback, below. Deviations from the standards in section 18.4.8.050 Solar Orientation standards are subject to subsection 18.5.2.050.E Exception to the Site Development and Design Standards. 1. Solar Setback Exception. The approval authority through a Type I review pursuant to section 18.5.1.050 may approve exceptions to the standards in 18.4.8.030 SolarSetbacks if the requirements in subsection a, below, are met and the circumstances in subsection b, below, are found to exist. i a. That the owner or owners of all property to be shaded sign, and record with the County Clerk on the affected properties' deed, a release form supplied by the City containing all of the following information. i. The signatures of all owners or registered leaseholders holding an interest in the property in question. ii. A statement that the waiver applies only to the specific building or buildings to which the waiver is granted. iii. A statement that the solar access guaranteed by this section is waived for that particular structure and the City is held harmless for any damages resulting from the waiver. PA #2015-00081 969 Mary Jane Ave./dds Page 3 iv. A description and drawing of the shading which would occur. b. The approval authority finds all of the following criteria are met, i. The exception does not preclude the reasonable use of solar energy (i.e., passive and active solar energy systems) on the site by future habitable buildings. ii. The exception does not diminish any substantial solar access. which benefits a passive or active solar energy system used by a habitable structure on an adjacent lot. iii. There are unique or unusual circumstances that apply to this site which do not typically apply elsewhere. The application with the attached conditions complies with all applicable City ordinances. Planning Action #2015-00081 is approved with the following conditions. Further, if any one or more of the following conditions are found to be invalid for any reason whatsoever, then Planning Action #2015-00081 is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant shall be conditions of approval unless otherwise modified here. 2) That the additional shadowing approved here is limited to that illustrated in the applicants' solar site plan provided with the application. The final submittals for building permit shall be in substantial conformance with the drawings submitted with this Exception to Solar Setback application, and any additional shading proposed beyond that approved here would require modification of this approval and resubmission of a Exception to Solar Setback application. 3) That the building permit submittals shall include a Tree Protection Plan as required in AMC 18.4.5.030.A for the review and approval of the Staff Advisor. A Tree Verification Permit inspection shall be approved by the Staff Advisor prior to site work including demolition, storage of materials or the issuance of building or demolition permits. jjf ! 1 Molnar, Director v Date Department f Community Development PA #2015-00081 969 Mary Jane Ave./dds Page 4 r 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 3/12/15 1 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for Planning Action #2015-00081, 969 Mary Jane Ave. Signature of Employee DocumenQ 3/1212015 PA-2015-00081 391 El4CB 3301 PA-2015-00081 391 E14CB 2700 PA-2015-00081 391 El4CB 3000 ANDREWS JOE K JR/SUSAN R BERMAN JEFFREY JAY/KAREN F BROWN TIMOTHY A/CAROLINE A 984 MARY JANE 953 MARY JANE 969 MARY JANE ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2015-00081 391 E14CB 1403 PA-2015-00081 391 E14CB 5800 PA-2015-00081 391 El5DA 700 BURTON CANDACE CARO HEATHER R ET AL COBURN ROB L TRUSTEE ET AL 955 CLAY ST 1116 LINDA AVE 1993 NEZLA AVE ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2015-00081 391 El5DA 600 PA-2015-00081 391 E14CB 5600 PA-2015-00081 391 El5DA 1805 COSSOLIAS JAMES TRUSTEE ET AL DENEMPONT BARBARA DOMELA JAN D 2000 NEZLA AVE 1070 LINDA AVE 1239 BUCK ISLAND DR ASHLAND, OR 97520 ASHLAND, OR 97520 KLAMATH FALLS, OR 97601 PA-2015-00081 391 El4CB 5700 PA-2015-00081 391 E14CB 1100 PA-2015-00081 391 E14CB 901 EPSTEIN JOYCE BRENNER FAIN STEVEN R/FAIN LYNN E FLETCHER KATHRYN ANN PHILLIPS 1094 LINDA AVE 952 MARY JANE AVE 966 MARY JANE AVE ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2015-00081 391 E14CB 1404 PA-2015-00081 391 E14CB 5900 PA-2015-00081 391 El4CB 2800 FOX AARON D/TATIANA GARLIC LLC HANDLEY RICHARD D JR 965 CLAY ST 2020 MOHAW ST 961 MARY JANE ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2015-00081 391 El4CB 3100 PA-2015-00081 391 E14CB 1200 PA-2015-00081 391 El5DA 1811 HOGAN DAVID P TRUSTEE JAMES BENNIE J JOHNSON ANN M TRUSTEE ET AL 975 MARY JANE AVE 944 MARY JANE AVE 1991 MOHAWK ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 r PA-2015-00081 391 El4CB 3201 PA-2015-00081 391 El4CB 3201 PA-2015-00081 391 E14CB 3300 PILOT ROCK PEAK LLC PILOT ROCK PEAK LLC I OTNESS HAROLD M/LORETTA C 990 MARY JANE AVE C/O CAROL GRAY C/O CAROL GRAY ASHLAND, OR 97520 2850 SW CEDAR HILLS 12 PO BOX 216 BEAVERTON, OR 97005 DEXTER, OR 97431 i I PA-2015-00081 391 El4CB 900 PA-2015-00081 391 E14CB 1000 PA-2015-00081 391 E14CB 902 j SAYLES MARK S SCHUMACHER WAYNE R TRUSTEE WEBER JULIE D 972 MARY JANE AVE 960 MARY JANE AVE 995 CLAY ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2015-00081 969 Mary Jane i DARRELL BOLDT NOD 3112/2015 611 SISKIYOU BLVD #4 25 ASHLAND, OR 97520 i', r , z„ _ _ _ _ _ _ 1 Planning Department, 51 Winburn Way, Ashland, Oregon 97520 CTY OF 541-488-5305 Fax: 541-552-2050 www.ashland.or,us TTY: 1-800-735-2900 ASHLAND NOTICE OF APPLICATION PLANNING ACTION: PA-2015-00081 SUBJECT PROPERTY: 969 Mary Jane Avenue APPLICANT: D. A. Boldt Construction Co. OWNER: Timothy A. and Caroline A. Brown DESCRIPTION: A request for an Exception to the Solar Setback requirements to allow the property located at 969 Mary Jane Avenue to shade the property to its north more than would otherwise be allowed by ordinance. The property owner to the north at 961 Mary Jane Avenue has agreed to the proposed shading. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 391E 14CB; TAX LOT: 3000. NOTICE OF COMPLETE APPLICATION: February 10, 2015 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: February 24, 2015 ! PA #2015-000 81 961 MARY JANE AVENUE PROPERTY AGREEING TO EXCEPTION TO SOLAR SETBACK i I > i i Q LLJ Z Q Q I ~ I Z Q j f - FPA #2015-00081 i 969 MARY JANE AVENUE PROPERTY REQUESTING EXCEPTION TO SOLAR SETBACK I 0 15 30 60 Feet The Ashland Planning Division Staff has received a complete application for the property noted above. Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above. Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staffs decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.108.040) The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court. i A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services Building, 51 Winburn Way, Ashland, Oregon 97520. If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305. G:\comm-dev\planning\Planning Actions\Noticing Folder\iN4ailed Notices & Signs\2015\PA-2015-0008 Ed= EXCEPTION TO SOLAR SETBACKS 18.4.8.020.C Approval Criteria C. Exceptions and Variances. Requests to depart from section 18.4,8.030 Solar Setbacks are subject to 18.4.8.020.C.1 Exception to the Solar Setback, below. Deviations from the standards in section 18.4.8.050 Solar Orientation Standards are subject to subsection 18.5.2.050.E Exception to the Site Development and Design Standards. 1. Solar Setback Exception. The approval authority through a Type I review pursuant to section 18.5.1.050 may approve exceptions to the standards in 18.4.8.030 Solar Setbacks if the requirements in subsection a, below, are met and the circumstances in subsection b, below, are found to exist. a. That the owner or owners of all property to be shaded sign, and record with the County Clerk on the affected properties' deed, a release form supplied by the City containing all of the following information. i. The signatures of all owners or registered leaseholders holding an interest in the property in question. ii. A statement that the waiver applies only to the specific building or buildings to which the waiver is granted. iii. A statement that the solar access guaranteed by this section is waived for that particular structure and the City is held harmless for any damages resulting from the waiver. iv. A description and drawing of the shading which would occur. b. The approval authority finds all of the following criteria are met. i. The exception does not preclude the reasonable use of solar energy (i.e., passive and active solar energy systems) on the site by future habitable buildings. ii. The exception does not diminish any substantial solar access which benefits a passive or active solar energy system used by a habitable structure on an adjacent lot. iii. There are unique or unusual circumstances that apply to this site which do not typically apply elsewhere. I i i i i G:\comm-dev\planning\Planning Actions\Noticing Folder\Mailed Notices R Signs\2015\PA-2015-0008 1.docx i ff 1 &U BUO 6,N* 1700 M, 0 21*o. 99 1910, 11~ 6400 I zzy i 1 r, °•7 240 to 1802 '149D S40 1 2 I lL 1 1 160 1 400 1 ~ ~U LF ~ . .L'd Ib _ r ca4 I M, 1200 760 2700 C, 111 OUN 1A 61.E I1 570' 1 I fill 60i _R ! 1 1404 610 t~ 1805 1812 906 609 saw 7~ WD 3160 NO:, -<ST z I a ; 330'. 1 18" .3-10 1 a M Miff '3304 340 I 61~u' 1 MIS f 5H D ~ E ' S r9'U a SIM , Li - it i AFFIDAVIT OF MAILING STATE OF OREGON ) County of Jackson ) The undersigned being first duly sworn states that: r 1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On February 10, 2015 1 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for Planning Action #2015-00081, 969 Mary Jane. A-U, ~CLA, Signature of Employee I Document6 2/1012015 I PA-2015-00081 391 E14CB 3301 PA-2015-00081 391 E14CB 2700 PA-2015=0008'1 391 E14CB 3000 ANDREWS JOE K JR/SUSAN R BERMAN JEFFREY JAY/KAREN F BROWN TIMOTHY A/CAROLINE A 984 MARY JANE 953 MARY JANE 969 MARY JANE ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2015-00081 391 E14CB 1403 PA-2015-00081 391 E14CB 5800 PA-2015=00081391 E15DA 700 BURTON CANDACE CARO HEATHER R ET AL COBURN ROB L TRUSTEE ET AL 955 CLAY ST 1116 LINDA AVE 1993 NEZLA AVE ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2015-00081 391 E15DA 600 PA-2015-00081 391 E14CB 5600 PA-2015-00081391 E15DA 1805 COSSOLIAS JAMES TRUSTEE ET AL DENEMPONT BARBARA DOMELA JAN D 2000 NEZLA AVE 1070 LINDA AVE 1239 BUCK ISLAND DR ASHLAND, OR 97520 ASHLAND, OR 97520 KLAMATH FALLS, OR 97601 PA-2015-00081 391 E14CB 5700 PA-2015-00081 391 E14CB 1100 PA-2015-00081 391 E14CB 901 EPSTEIN JOYCE BRENNER FAIN STEVEN R/FAIN LYNN E FLETCHER KATHRYN ANN PHILLIPS ET 1094 LINDA AVE 952 MARY JANE AVE AL - ASHLAND, OR 97520 ASHLAND, OR 97520 966 MARY JANE AVE ASHLAND, OR 97520 PA-2015-00081 391 E14CB 1404 PA-2015-00081 391 E14CB 5900 PA-2015-00081 391 E14CB 2800 FOX AARON D/TATIANA GARLIC LLC HANDLEY RICHARD D JR 965 CLAY ST 2020 MOHAW ST 961 MARY JANE ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2015-00081 391E14CB 3100 PA-2015-00081 391E14CB 1200 PA-2015-00081 391E15DA 1811 HOGAN DAVID P TRUSTEE JAMES BENNIE J JOHNSON ANN M TRUSTEE ET AL 975 MARY JANE AVE 944 MARY JANE AVE 1991 MOHAWK ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2015-00081 391 E14CB 3300 PA-2015-00081 391 E14CB 3201 PA-2015-00081 391 E14CB 3201 OTNESS HAROLD M/LORETTA C PILOT ROCK PEAK LLC PILOT ROCK PEAK LLC JANE AVE C/O CAROL GRAY C/O CAROL GRAY 990 ASHLAND MARY , OR 97520 AVE 2850 SW CEDAR HILLS 12 PO BOX 216 BEAVERTON, OR 97005 DEXTER, OR 97431 1 PA-2015-00081 391 E14CB 900 PA-2015-00081 391 E14CB 1000 PA-2015-00081391 E14CB 902 j SAYLES MARK S SCHUMACHER WAYNE R TRUSTEE` WEBER JULIE D ' 972 MARY JANE AVE 960 MARY JANE AVE 995 CLAY ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 i 969 Mary Jane NOC 2/10/2015 24 3 7 "D.A. BOLDT CONSTRUCTION CO, P.O. Box 998, Ashland, OR 97520 541/482-4865 Fax:541/4a2-71so darrell@daboldtconstruction.com CCB#31003 Date: February 3, 2015 To: Derek Severson Community Development City of Ashland Applicant: Darrell A. Boldt, D A Boldt Construction Co. 611 Siskiyou Blvd, Ashland, Oregon Property Owner: Timothy and Caroline Brown 969 Mary Jane Ave., Ashland, Oregon Legal Description: 39 lE 4CB Tax Lot #3000 Subject: Application for solar waiver and Additional Solar Waiver Findings of Fact Derek I have enclosed the following: Additional Findings of Fact Floor Plan 1 Front elevation with full gable Front elevation with Dutch gable Site plan and front elevation showing solar shadow impact I a Thank you for your help on this. I I D rell A. Boldt President Certified Green Professional Certified Aging-In-Place Specialist FEB 5 29 15 D.A. BOLDT CONSTRUCTION CO. P.O. Box 998, Ashland, OR 97520 541/482-4865 Fax: 541i482a1so darrell@daboldtconstruction.com CCB#31003 I Additional Solar Waiver Findings of Fact Date: February 3, 2015 Applicant: Darrell A. Boldt, D A Boldt Construction Co. 611 Siskiyou Blvd, Ashland, Oregon 31 !1 {I Property Owner: Timothy and Caroline Brown fI 969 Mary Jane Ave., Ashland, Oregon 1 Legal Description: 39 lE 4CB Tax Lot #3000 Application for solar waiver 1 The variance will not preclude the reasonable use of solar energy on the site in the future. The adjacent lot is 16,100 SF. The solar shadow cast by the new house on the adjacent property is 152 SF so it will have almost no impact on future solar. The shadow is cast on the side of the neighbor's garage. The garage is lower than the natural grade by about 3'. If the garage was at natural grade the shadow would probably be reduced by at least half. The objective of the new house is to provide accessibility as they age in place. They want to continue living at this location. The new house is designed to have all of the living space on one level with wide hallways and doorways and an open floor plan The existing driveway is to be retained and the garage floor needs to be at the level of the driveway to achieve the accessibility Therefore we cannot lower the garage floor or any part of the main floor plan. The existing house cannot readily be modified for aging in place as the floor plan is poorly laid out, the floor is on three different levels, and the hallways, doors are two narrow and the bathrooms are not accessible. To modify the existing would entail putting in all new floor and wall systems, changes to plumbing and a myriad of other changes. All of which would be more expensive than the new house. Another concern that prevents us from lowering the house is that cutting into the hillside could get into subterranean water tables that hillside is known to have. There is an existing retaining wall on the south side of the property that restricts moving the house closer to the south (side yard) property line. We need to utilize the attic space over the garage and kitchen for storage. The full gable design allows us to do that. The Dutch gable design cuts into that attic space and prevents using the attic for storage. The same applies to a full hip design. The dormer windows shown on the front elevation are to add architectural character and street appeal. The window over the garage will allow for natural light in the attic storage. The window over the bedroom wing (north end) is for exterior appearance as we will not be using that attic space over the bedrooms for storage. 6hFZ a o W 6 -~y in I LZ N .56 LLI ✓ W .r L11 LLJ y~ N 0 r ' If Ajr=n I a M, t N b i Ulu 711111117 ~.a-~."~,`~ ~ ' ~ iii i i i i i i. ~ ❑ VIII it ,_C~ N- _a ~r❑~ ~IIIII~IIIIIIII h~~ ~ ry' , Ulu[[ 5d n ~ 0 0 ~i w _ 3 Z ~ Q J ~ Q Z ~ 3 p~ Z O O FmF mE-,EL ny-,SE AXAX n I ~ I I I O J Q I N I I Q I I A N II ED I a _ I I d I I I L _ I I I I Ii r i 1 z o° aQ (L Q J O N w J l7 Z a a ww z~ J lfl LL Wa 0 0 °n a~ w ' a m m '.I 'j z 0 Q EB ii L i MUM k .J n11 nnnn I 0 0 N w - 3 ? ~ ~ J Q $$Q J ~ N ~ Z N O W TT 6 a ~ o p£-,£Z ~b-,5E o m cn I ~ I I I I 0 J N Q I r T ~ I ~ II o ' d- I I Z 0 L_ - I JAN 16 2015 z o° n_ Q a~ aJ 0 i Z74 w J l7 Z Q Q' wZZuj J W N ~ o I3 Q O N t7 d W Q~ W w o m Z 1- _ d 0 } ® O JAN 16 2015 F n nnn nnana nnnnn CITY F P 74 LAND Community Development -.Planning Department 20 East Main Street, Ashland, OR 97520 Phone 541-488-5303 Fax 541-488-6006 WAIVER SOLAR ACCESS Planning Action # I For County Use Address of Property Requesting Solar Waiver 114 A-4 JLVE A 61 Tax Lot # of Property Requesting Solar Waiver C-UF- TZ Lt fir= .St.F&33 0,sr ,,Lei % to Address of Property Agreeing to Solar Waiver l 7c'E C r (-a/L L:~. ! ~L~ Legal Description of Property Agreeing to Solar Waiver (Attach, if necessary) The undersigned, for themselves, their heirs, successors and assigns, consent to permit obstruction of their solar access rights described in Chapter 18.70 of the Ashland Municipal Code on that portion of property in Township 39, Range 1 East, Section' Tax Lot further described by legal description in the attached Exhibit "A". The undersigned certify and agree to the following: 1. This agreement shall be binding upon their heirs, successors and assigns and shall run with the land. 2. The undersigned are the owners of the property described on Exhibit "A". 3. This waiver applies only to the specific building(s) noted in the attached Exhibit "B"; and to the shadow(s) cast by such building(s) as noted in Exhibit "B". 4. The solar access rights described in Chapter 18.70 of the Ashland Municipal Code are waived only for that buildable space shown on Exhibit "B" and the City of Ashland is indemnified and shall be held harmless for any damages resulting to any person or property resulting from this waiver. 5. The consideration for this agreement is $1.00 and other good and valuable consideration, the receipt of which is acknowledged by the undersigned. Property Owner(s) Agreeing to Solar Waiver - Signature iU fir--, Date Signature Date State of Oregon ) County of Jackson) _ h 20 t S before me personally appeared, JAIIJ 1~ f all j (E I/ On this (y day of j w" J whose identity was proven to me on the basis of satisfactory evidence to be the person(s) whose name(s) is (are) subscribed to this instrument, and acknowledged that he (she) (they) executed the same. No ary Public for Oregon Commission Expiration Date e OFFICIAL SEAL i NOTARY PUB C- OREGON COMMISSION NO 475759 COMMISSION EXPIRES MAY 12, 2017 Approved by City of Ashland Planning Staff Date i Gkomm-devWannin9Toms&HandoutslSolar Watver Agreement.doc @AW2009 O O N W 3 z ~ ~ J Q Q J ~ Q N 3 p a. ZW W W K q QA Y£~IEZ dY ~I~J~ o m cv I , I I o I a I I T L I I ~ d _ I I i I I ~ N I L i - I I JAN 16 2015 z 00 ~a O 1 tV W J t7 Z Q R' O W U ~ W W a Q O N W l7 W a m .Z Q _ Q 0 } ujLU u ~ NuAl ~Q JAN 16 2015 i 1 nannn nannn nannn nannn 1 rtx ~r z F 1 1 r 4. (~S ~ ( ~ r ~9 y~ i 1 ~1~. n L! 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Boldt, D A Boldt Construction Co. 611 Siskiyou Blvd, Ashland, Oregon Property Owner: Timothy and Caroline Brown 969 Mary Jane Ave., Ashland Legal Desc: 39 lE 4CB Tax Lot #3000 Application for solar waiver 1. The variance will not preclude the reasonable use of solar energy on the site in the future. The adjacent lot is 16,100 SF, The solar shadow cast by the new house on the adjacent property is 152 SF so it will have almost no impact on future solar. 2. The variance does not diminish any substantial use of solar access which benefits a habitable structure on an adjacent lot. The shadow cast by the roof line beyond the 6' high fence shadow is a triangular piece of 152 SF. The adjacent property is 16,100 SF in size. The shadow will be cast on the south wall of the existing garage to a height of 6'-9 3/8" from the ground. The exiting driveway and curb cut are on that side so it is highly probable that the garage will remain at the location in the future 3. In regard to unique or unusual circumstances, the new house is situated so as to reuse the existing driveway and approach to avoid tearing up and modifying the existing driveway and the curb. Also the existing property has a well developed landscape of retaining walls, trees and shrubs which we want to preserve. Our goal is to preserve and reuse the existing features so as to maximize our conservation efforts. JAN 16 2015 c Community Development - Planning Department 20 East Main Street, Ashland, OR 97520 Phone 541-488-5303 Fax 541-488-6006 SOLAR ACCESS WAIVER AGREEMENT Planning Action #we For County Use Address of Property Requesting Solar Waiver Tax Lot # of Property Requesting Solar Waiver Address of Property Agreeing to Solar Waiver Legal Description of Property Agreeing to Solar Waiver (Attach, if necessary) The undersigned, for themselves, their heirs, successors and assigns, consent to permit obstruction of their solar access rights described in Chapter 18.70 of the Ashland Municipal Code on that portion of property in Township 39, Range 1 East, `s further described by legal description in the attached Exhibit "A". Section: Tax Lot The undersigned certify and agree to the following: 1. This agreement shall be binding upon their heirs, successors and assigns and shall run with the land. 2. The undersigned are the owners of the property described on Exhibit "A". 3. This waiver applies only to the specific building(s) noted in the attached Exhibit "B"; and to the shadow(s) cast by such building(s) as noted in Exhibit "B". 4. The solar access rights described in Chapter 18.70 of the Ashland Municipal Code are waived only for that buildable space shown on Exhibit "B" and the City of Ashland is indemnified and shall be held harmless for any damages resulting to any person or property resulting from this waiver. 5. The consideration for this agreement is $1.00 and other good and valuable consideration, the receipt of which is acknowledged by the undersigned. Property Owner(s) Agreeing to Solar Waiver Signature Date Signature Date State of Oregon ) County of Jackson ) On this L-"--day of ~ 20 before me personally appeared, - whose identity was proven to me on the basis of satisfactory evidence to be the person(s) whose name(s) is (are) subscribed to this instrument, and acknowledged that he (she) (they) executed the same. Notary Public for Oregon Commission Expiration Date OFFICIAL SEA Z- AWN M ROCK ,I; RtJRLIC-OREGO I'?",t f NO 475759 ~'11i~9MA`192,goy 1 Approved by City of Ashland Planning Staff Date G;lcomm-devlplanning\Fonns&HandoutslSolarWalver Agreement.doc 611912009 ZONING MIT A LI TI Planning Division C> r r o F 51 Winburn Way, Ashland OR 97520 ASHLAND 541-488-5305 Fax 541-488-6006 FILE # I DESCRIPTION OF PROJECT DESCRIPTION OF PROPERTY Pursuing LEED® Certification? ❑ YES NO Street Address Assessor's Map No. 39 1 E Tax Lot(s) Zoning Comp Plan Designation APPLICANT Name Phone E-Mail m Address- City , Zip PROPERTY OWNERr Name Phorie 6-/! - ° E-Mail Address City fe_ Zip kp SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT OTHER Title - Name r Phone E-Mail ' tAddress City . p Zip Title Name Phone E-Mail Address City Zip I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects, true and correct. I understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their location found to be incorrect, the owner assumes full responsibility. I further understand that if this request is subsequently contested, the burden will be on me to establish: 1) that I produced sufficient factual evidence at the hearing to support this request; 2) that the findings of fact furnished justifies the granting of the request; 3) that the findings of fact furnished by me are adequate; and further 4) that all structures or improvements are properly located on the ground. Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to be removed at my expense. If I have any doubts, 1 am advised to seek competent professional advice and assistance. Applicant's Signature Date As owner .the property involved in this request, I have read and understood the complete application and its consequences to me as a property own' , C Property Owner's Signature (required) Date [To be completed by City Stag Date Received Zoning Permit Type Filing Fee $ OVER GAcomm-dev\planning\Fonns & Handouts\Zoning Permit Application.doe i Job Address: 969 MARY JANE AVE Contractor: ASHLAND OR 97520 Address: A Owner's Name: BROWN TIMOTHY A/CAROLINE A ® Phone: Customer 00198 State Lie No: D.A. BOLDT T City Lie No: Applicant: R Address: A C c Sub-Contractor: C A Phone: (541) 482-4865 T Address: KI Applied: 01/16/2015 0 h Issued: Expires: 07/15/2015 Phone: State Lie No: Maplot: 391 E14CB3000 City Lie No: DESCRIPTION: Solar Waiver VALUATION F Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description Total for Valuation: MECHANICAL i Kp ELECTRICAL STRUCTURAL r PERMIT FEE DETAIL Fee Description Amount Fee Description Amount Solar Setback Variance 1,012.00 CONDITIONS OF APPROVAL COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 East Main St. Fax: 541-488-5311 Ashland, OR 97520 TTY: 800-735-2900 www.ashland.or.us CITY Request Line: 541-552-2080 OF I I I i I i I i i I k I` I I I hereby certify the contents of this application to be correct to the best of my knowledge, and furthermore, that I have read, Fee Summary Paid Amounts understood and agreed to the following: Building: $ 0.00 $ 0.00 1. This permit shall remain valid only in accordance with code State Surcharge: $ 0.00 $ 0.00 or regulation provisions relating to time lapse and revocation (180 days). Development Fees: $ 0.00 $ 0.00 2. Work shall not proceed past approved inspection stage. All Systems Development Charges: $ 0.00 $ 0.00 required inspections shall be called for 24 hours in advance. Utility Connection Fees: $ 0.00 $ 0.00 3. Any modifications in plans or work shall be reported in advance to the department. Public Works Fees: $ 0.00 $ 0.00 4. Responsibility for complying with all applicable federal, state, Planning Fees: $ 1,012.00 $ 1,012.00 or local laws, ordinances, or regulations rests solely with the applicant. Sub-Total: $ 1,012.00 Fees Paid: $ 1,012.00 Applicant Date Total Amount Due: $ 0 COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 East Main St. Fax: 541-488-5311 Ashland, OR 97520 TTY: 800-735-2900 www.ashland.or.us Inspection Request Line: 541-552-2080 CITY F ASHLAND