HomeMy WebLinkAboutLit_423_PA-2015-02278 f7
CITY
ASHLAND
January 8, 2016
Notice of Final Decision
On January 8, 2016, the Community Development Director approved the request for the following:
Planning Action: PA-2015-02278
Subject Property: 423 Lit Way/1699 Parker Street
Applicant: Rogue Planning and Development Services
Owner: Gary and Laurie MacGraw
Description: A Variance request to standard lot dimensions in conjunction with a property line
adjustment between the rear property lines of the subject lots. COMPREHENSIVE PLAN
DESIGNATION: Single Family Residential; ZONING: R-1-5; ASSESSOR'S MAP: 39 1E IODC;
TAX LOTS: 5600 and 8000.
The Community Development Director's decision becomes final and is effective on the 12tH day after the
Notice of Final Decision is mailed. Approval is valid for a period of 18 months and all conditions of
approval identified on the attached Findings are required to be met prior to project completion.
The application, all associated documents and evidence submitted, and the applicable criteria are
available for review at the Ashland Community Development Department, located at 51 Winburn Way.
Copies of file documents can be requested and are charged based on the City of Ashland copy fee
schedule.
Prior to the final decision date, anyone who was mailed this Notice of Final Decision may request a
reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO) 18.5.1.050(F)
and/or file an appeal to the Ashland Planning Commission as provided in ALUO 18.5.1.050(G). The
ALUO sections covering reconsideration and appeal procedures are attached. The appeal may not be
made directly to the Oregon Land Use Board of Appeals.
If you have any questions regarding this decision, please contact Zechariah Heck in the Community
Development Department at (541) 488-5305.
cc: Gary and Laurie MacGraw
Parties of record and property owners within 200 ft
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or,us
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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: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900 `
www.ashland.or.us
ASHLAND PLANNING (DIVISION
FINDINGS & ORDERS
SUBJECT PROPERTY.': 423 Lit Way/1699 Parker Street
APPLICANT: Rogue Planning and Development Services
OWNER: Gary and Laurie MacGraw
DESCRIPTION: A Variance request to standard lot dimensions in conjunction
with a property line adjustment between the rear property lines of the subject lots.
COMPREHENSIVE PLAN (DESIGNATION: Single Family Residential; ZONING: R-1-5;
ASSESSOR'S MAP: 39 lE lODC; TAX LOTS: 5600 and 8000.
SUBMITTAL DATE: December 4, 2016
DEEMED COMPLETE (DATE: December 15, 2015
STAFF APPROVAL DATE: January 8, 2016 CCCC
APPEAL DEADLINE (4:30 P.M.) January 21, 2016
FINAL DECISION DATE: January 21, 2016
APPROVAL EXPIRATION (DATE: July 21, 2017
]DECISION
The applicant's proposal involves two tax lots, 5600 and 8000, in the 391E 10DC Assessor's map. The
associated addresses are 1699 Parker Street (tax lot 8000) and 423 Lit Way (tax lot 5600). Both tax lots
are within the R-1-5 (single family residential) zoning district as well as the surrounding properties.
There appears to be four structures total on the two lots, both tax lots currently have a main residence
and a detached structure.
Tax lot 8000 is currently 178.15 feet in depth, oriented north to south, and 55 feet wide, oriented east
to west. The area of the lot is 9,795 square feet. The existing lot coverage is 40% according to the
applicant. According to Jackson County records, the residence is 1,163 square feet and was constructed
in 1958. The applicant states there is a converted detached garage approximately 60 feet behind the
residence. The property owner, who owns both properties and currently resides at 423 Lit Way, has
used this structure has a recreation room for several years.
Tax lot 6500 is 126.5 feet in depth, oriented east to west, and 64 feet in width, oriented south to north.
The area of the lot is 12,876 square feet. The existing lot coverage is 55% according to the applicant,
which is a nonconforming situation but will be brought into compliance with the proposed property
line adjustment. According to Jackson County records and stated in the application, there is a 2,051
square foot residence constructed in 1950. In addition, the property has a 600 square foot detached
garage.
The applicants are seeking a Property Line Adjustment under Ashland Municipal Code (AMC)
18.5.3.120. Due to the arrangement of lot lines after the proposed property line adjustment, tax lot
5600 will not meet standard lot dimensions. Therefore, a Variance to exceed maximum lot depth in the
R-1-5 zone is required and is part of the application. The maximum lot depth for the zone is 150 feet,
as proposed the lot depth will be 181 feet.
PA #2015-02278
423 Lit Way - 1699 Parker Sidzgh
Page 1
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According to the applicant, the detached accessory structure in the backyard of 1699 Parker Street has
effectively been part of 423 Lit Way for twenty years. The rear yards of the subject properties are
connected. There is a fence between the house at 1699 Parker Street and the accessory structure in the
rear yard on the saine tax lot. Both properties are owned by the same owner and they have used the
accessory structure at 1699 Parker Street as a recreation room for 423 Lit Way. Essentially, the layout,
structure orientation and function of the subject properties will remain as they have been for many
years.
Both properties have landscaping and several large stature trees are on site. No construction or
demolition is part of this application. However, according to applicant, the recreation room is currently
connected to utility lines from 1699 Parker Street. The applicant states if approval is granted, the
property owners will relocate utilities to feed off of 423 Lit Way. All necessary permits will be
obtained to modify utility connections, according to the application.
The applicant asserts the Property Line Adjustment will meet all approval criteria and standards,
except for the maximum lot depth of the zoning district. By definition, the Rear Lot Line is defined as:
"A lot line which is opposite and most distant from the front lot line, and in the case of an irregular,
triangular, or other shaped lot, a line ten feet in length within the lot parallel to and at a maximum
distance from the front lot line." The proposed reconfiguration of tax lot 5600 will create a lot depth of
181.45 feet according to this definition. Therefore, the proposed lot depth is more than the maximum
allowed by the zone (150 feet) and requires a Variance.
The application argues in favor of a Variance because the Land Use Ordinance does not account for a
unique circumstance of the subject property. As depicted in historical aerial photographs of the
property, the recreation room has effectively been part of 423 Lit Way, rather than 1699 Parker, for
many years. The applicant states the proposed rear property line will fall approximately 2 feet from the
existing fence currently separating the two properties. Furthermore, the applicant argues that a
Variance is the minimum necessary to "allow for the orderly and efficient layout" of the two tax lots as
they have historically been used. The proposal will not have any negative impact on the development
of adjacent uses, according to the applicant, because of the history of the existing situation. The
applicant also asserts that the proposal will create affordable housing, furthering the purpose and intent
of the City's Comprehensive Plan by facilitating diverse housing types. Lastly, the applicant states the
requested Variance does not arise from a previously granted property line adjustment and that the
current proposal could be modified to comply with the Land Use Ordinance standards. However, such
a modification would mean granting a piece of land 3 feet in width to the property of 1699 Parker
Street. Staff does not feel such a requirement would be congruent with the intent of the Land Use
Ordinance. Additionally, as proposed the existing site layout, function, orientation of existing
structures and their location will remain as they have for more than 20 years. Staff agrees with the
applicant's argument and finds that the application meets the approval criteria for a Variance.
There were no public comments received during the notice period and Staff believes the application
will further the intent of the Land Use Ordinance, while allowing for the efficient use of the land in a
manner that will not negatively impact adjacent properties.
The approval criteria for a Variance are detailed in AMC 18.5.5.050 as follows:
1. The variance is necessary because the subject code provision does not account for special or unique
physical circumstances of the subject site, such as topography, natural features, adjacent
PA #2015-02278
423 Lit Way -1699 Parker Stlzgh
Page 2
development, or similar circumstances. A legal lot determination may be sufficient evidence of a
hardship for purposes of approving a variance.
2. The variance is the minimum necessary to address the special or unique physical circumstances
related to the subject site.
3. The proposal's benefits will be greater than any negative impacts on the development of the
adjacent uses and will fiuther the purpose and intent of this ordinance and the Comprehensive Plan
of the City.
4. The need for the variance is not self-imposed by the applicant or property owner. For example, the
variance request does not arise as result of a property line adjustment or land division approval
previously granted to the applicant.
The approval criteria for a Property ]Line Adjustment are detailed in AMC 18.5.3.120 as follows:
1. Parcel Creation. No additional parcel or lot is created by the lot line adjustment.
2. Lot Standards. Except as allowed for nonconforming lots, pursuant to chapter 18.1.4, or as required
by an overlay zone in part 18.3, all lots and parcels conform to the lot standards of the applicable
zoning district, including lot area, dimensions, setbacks, and coverage, per part 18.2. If a lot does
not conform to the lots standards of the applicable zoning district, it shall not be made less
conforming by the property line adjustment. As applicable, all lots and parcels shall identify a
buildable area free of building restrictions for physical constraints (i.e., flood plain, greater than 35
percent slope, water resource protection zones).
3. Access Standards. All lots and parcels conform to the standards in section 18.4.3.080 Vehicle Area
Design. Lots and parcels that do not conform to the access standards shall not be made less
conforming by the property line adjustment.
C. Final Property Line Adjustment Plat. The final plat for Property Line Adjustments shall be
prepared as a partition plat, and meet the requirements of sections 18.5.3.090.
D. Recording Property Line Adjustments.
1. Recording. Within 60 days of the City approval of the final plat (or the approval of the
preliminary property line adjustment map expires), the applicant shall submit the final plat to
Jackson County for signatures of County officials as required by ORS chapter 92.
2. Time Limit. The applicant shall submit a copy of the recorded -property line adjustment survey
map to the City within 15 days of recording and prior to any application being filed for building
permits on the re-configured lots.
Based on the material submitted, the application with the attached conditions complies with all
applicable City ordinances. Therefore, Planning Action #2015-02278 is approved with the following
conditions. If any one or more of the following conditions are found to be invalid for any reason
whatsoever, then Planning Action #2015-02278 is denied. The following are the conditions and they
are attached to the approval:
1) That all proposals of the applicant shall be conditions of approval unless otherwise specifically
modified herein.
2) That all necessary and applicable permits are obtained from the City of Ashland prior to
installation or modification of any utility lines.
3) That all applicable Building and Fire Codes are complied with, as agreed upon by the Building
Official and Fire Marshal, prior to signature of final survey plat.
PA #2015-02278
423 Lit Way-1699 Parker St/zgh
Page 3
4) That a 10 foot setback from the southern lot line of tax lot 5800 be required for all structures.
5) That the property owner shall sign in favor of local improvement districts for the future street
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improvements, including but not limited to sidewalks, parkrow, curb, gutter and storm
drainage, for both Lit Way and Parker Street, prior to signature of the final survey plat. The
agreement shall be signed and recorded concurrently with the final survey plat.
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BillIM61nar, I irector° itite A
~66mmunity development Department
PA #2015-02278
423 Lit Way-1699 Parker St/zgh
Page 4
PA-2015-02278 391 E10DC 8201 PA-2015-02278 391 E10DC 4500 PA-2015-02278 391 E10DC 4800
AUER VIRGINIA BOGLE J ADAM/SOPHIA BROCK RICHARD A ET AL
1716 PARKER ST 464 LIT WAY 444 LIT WAY
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-02278 391 E10DC 5500 PA-2015-02278 391 E10DC 5200 PA-2015-02278 391 E10DC 4400
CARSON SARAH R/BIALASIK SHIELDS M CRAMER TERESA M DANIELSON DARCY M
431 LIT WAY CMR 427 BOX 874 474 LIT WAY
ASHLAND, OR 97520 APO AE, 09630 ASHLAND, OR 97520
PA-2015-02278 391 E10DC 5900 PA-2015-02278 391 E10DC 2700 PA-2015-02278 391 E10DC 7801
DAVIS LESLIE CAREN DECKER LARRY A TRUST DELBROOK APRIL
1680 HOMES AVE 3303 VALLEY VIEW RD 1681 PARKER ST r'
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
E'
PA-2015-02278 391 E10DC 2500 PA-2015-02278 391 E10DC 2800 PA-2015-02278 391 E10DC 2600
DONAH00 TAJI DRESCHER ALLEN G ET AL FRANCKOWIAK LAURIE J
1759 HOMES AVE PO BOX 760 417 RAY LN
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-02278 391E10DC 6100 PA-2015-02278 391E10DC 5100 PA-2015-02278 391E10DC 7700
GONZALES TIMOTHY M/CUSS STACEY E GRAHAM NICOLE/QUISPE ALFREDO HAMMOND JAY
10046 HWY 238 418 LIT WAY 1665 PARKER ST
JACKSONVILLE, OR 97530 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-02278 391 E10DC 9500 PA-2015-02278 391 E10DC 9300 PA-2015-02278 391 E10DC 5700
'HENTY KEITH K HOGGE MATT J/ABBY, L JENSEN BRENT/JOANN M PINDER
1680 PARKER ST 1700 PARKER ST 1714 HOMES AVE
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-02278 391 E10DC 9400 PA-2015-02278 391 E10DC 4700 PA-2015-02278 391 E10DC 5400
JIMENEZ SUSAN KNEPPER SCOTT LEE KOLAND THOMAS L TRUSTEE ET AL
1221 STRATFORD LN P 0 BOX 5171 439 LIT WAY
SAN DIMAS, CA 91773 PORTLAND, OR 97208 ASHLAND, OR 97520
PA-2015-02278 391 E10DC 9600 PA-2015-02278 391 E10DC 5600 PA-2015-02278 391 E10DC 5800
LOCKE RAYMOND L TRUSTEE MAC GRAW GARY/LAURIE MATTSSON DEBORAH GAIL ET AL
1521 MAIN ST E 423 LIT WAY 1700 HOMES AVE
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-02278 391 E10DC 9201 PA-2015-02278 391 E10DC 6000 PA-2015-02278 391 E10DC 5300
MEYER RONALD TRUSTEE ET AL NEUMANN BERYL H PARSONS DOROTHY M TRUSTEE ET AL
6626 TARRY LN 1670 HOMES AVE 1715 PARKER ST
TALENT, OR 97540 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-02278 391 E10DC 8200 PA-2015-02278 391 E10DC 5000 PA-2015-02278 391 E10DC 8300
PETERSON JULIE R SIMM MACIEJ/CAMBRIA STAFFORD CHARLES JEFFREY
1708 PARKER ST 432 LIT WAY 477 LIT WAY
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-02278 391 E10DC 7900 PA-2015-02278 391 E10DC 9700 PA-2015-02278 391 E10DC 2900
STAHA STEPHEN K/AYSHA L TOSO JOHN TRUSTEE ET AL VAN PELT CHRISTINE L
1691 PARKER ST 1660 PARKER ST 441 RAY LN
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-02278 391 E10DC 7800 PA-2015-02278 391 E10DC 4600 PA-2015-02278
WESTERGAARD JEFF N WOLFF SHANNON TRUSTEE ET AL ROGUE PLANNING & DEVELOPMENT I
1673 PARKER ST 450 LIT WAY 1424 S IVY
ASHLAND, OR 97520 ASHLAND, OR 97520 MEDFORD, OR 97501
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PA-2015-02278 423 Lit/ 1699 Parker
SHAWN KAMPMAN 1/8/16 NOD
PO BOX 459
ASHLAND, OR 97520 37 E
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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 January 8, 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 #2015-02278, 423 Lit / 1699 Parker.
Signature of Employee
DocumenQ 11812016
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Planning Department, 51 Winburn Way, Ashland, Oregon 97520 CY OF
541-488-5305 Fax; 541-552-2050 www.ashland.orms TTY; 1-800-735-2900 -ASHLANl
NOTICE OF APPLICATION
PLANNING ACTION: 2015-02278
SUBJECT PROPERTY: 423 Lit Way/1699 Parker c
OWNER: Dr. Gary & Laurie MacGraw
APPLICANT: Rogue Planning & Development Services
DESCRIPTION: A Variance request to standard lot dimensions in conjunction with a property line adjustment
between the rear property lines of the subject lots. COMPREHENSIVE PLAN DESIGNATION: Single Family
Residential; ZONING: R-1-5; ASSESSOR'S MAP: 391E 10DC; TAX LOTS: 5600 and 8000.
NOTICE OF COMPLETE APPLICATION: December 15, 2015
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: December 29, 2015
SUBJECT PROPERTY
PA201 "2278
423 Lit Way/1699 Parkert St
J
PARKER ST
1 :41 7 c F T V Q F
1 inch = 35 feet -ASH LPeh, 0
IAeppin5l le aehemelic only and beers no were my of accuracy.
~ FN V, 8 o Aii (e1db,1, d1y lltles, eHeemen 1 t ta -Wo l-ta
houltl be ntl,p*nde pendentNMfold vetifletl /or exlalen- and/or r lo<alton.
•
The Ashland Planning Division Staff has received a complete application for the property noted above.
Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn
Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above.
Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a
notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the
comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the
application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning
Division Staff's decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC
18.108.040)
The ordinance criteria applicable to this application are attached to this notice, Oregon law states that failure to raise an objection concerning this
application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of
appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your
right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with
sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court.
A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be
provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services
Building, 51 Winburn Way, Ashland, Oregon 97520.
If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305.
G:\comin-dev\planning\Planning Actions\Noticing Polder\tvtailed Notices & Signs\2015\PA-2015-02278.doex
VARIANCE
18.5.5.050
1. The variance is necessary because the subject code provision does not account for special or unique physical circumstances of the subject
site, such as topography, natural features, adjacent development, or similar circumstances. A legal lot determination may be sufficient
evidence of a hardship for purposes of approving a variance.
2. The variance is the minimum necessary to address the special or unique physical circumstances related to the subject site.
3. The proposal's benefits will be greater than any negative impacts on the development of the adjacent uses and will further the purpose and
intent of this ordinance and the Comprehensive Plan of the City.
4. The need for the variance is not self-imposed by the applicant or property owner. For example, the variance request does not arise as result
of a property line adjustment or land division approval previously granted to the applicant.
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PROPERTY LINE ADJUSTMENTS
18.5.3.120.E
The Staff Advisor shall approve or deny a request for a property line adjustment in writing based on all of the following criteria.
1. Parcel Creation. No additional parcel or lot is created by the lot line adjustment.
2. Lot Standards. Except as allowed for nonconforming lots, pursuant to chapter 18.1.4, or as required by an overlay zone in part 18.3, all lots
and parcels conform to the lot standards of the applicable zoning district, including lot area, dimensions, setbacks, and coverage, per part
18.2. If a lot does not conform to the lots standards of the applicable zoning district, it shall not be made less conforming by the property line
adjustment. As applicable, all lots and parcels shall identify a buildable area free of building restrictions for physical constraints (i.e,, flood
plain, greater than 35 percent slope, water resource protection zones).
3. Access Standards. All lots and parcels conform to the standards in section 18.4.3.080 Vehicle Area Design. Lots and parcels that do not
conform to the access standards shall not be made less conforming by the property line adjustment.
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G:\comm-dev\planning\Planning Actions\Noticing Folder\Mailed Notices & Signs\2015\PA-2015-02278.docx
fx
AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Jackson )
I[
The undersigned being first duly sworn states that:
1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On December 15, 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 #2015-02278, 423 Lit Way/1699 Parker.
~A'A~ 4he Ylzj~elfl-
Signa e of Employee
Documend 1211512015
PA-2015-02278 391EIODC 8201 PA-2015-02278 391EIODC 4500 PA-2015-02278 391EIODC 4800
AUER VIRGINIA BOGLE J ADAMISOPHIA BROCK RICHARD A ET AL
1716 PARKER ST 464 LIT WAY 444 LIT WAY
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-62278.321EIODC 5500 PA-2015-02278 391EIODC 5200 PA-2015-02278 391EIODC 4400
CARSON SARAH R/BIAL-ASIE- CRAMER TERESA M DANIELSON DARCY M
431 LIT WAY CMR 427 BOX 874 474 LIT WAY
ASHLAND, OR 97520 APO AE, 09630 ASHLAND, OR 97520
PA-2015-D227.8 391EIODC 5900 PA-2015-02278 391EIODC 2700 PA-2015-02278 391EIODC 7801
DAVIS LESLIE CAREN DECKER LARRY A TRUST DELBROOK APRIL
1680 HOMES AVE 3303 VALLEY VIEW RD 1681 PARKER ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-02278 391EIODC 2500 PA-2015-02278 391EIODC 2800 PA-2015-02278 391EIODC 2600
DONAHOO TAJI DRESCHER ALLEN G ET AL FRANCKOWIAK LAURIE J
1759 HOMES AVE PO BOX 760 417 RAY LN
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-02278 391EIODC 6100 PA-2015-02278 391EIODC 5100 PA-2015-02278 391EIODC 7700
GONZALES TIMOTHY M/GUSS GRAHAM NICOLE/QUISPE ALFREDO HAMMOND JAY
10046 HWY 238 418 LIT WAY 1665 PARKER ST
JACKSONVILLE, OR 97530 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-02278 391EIODC 9500 PA-2015-02278 391EIODC 9300 PA-2015-02278 391EIODC 5700
HENTY KEITH K HOGGE MATT J/ABBY L JENSEN BRENT/JOANN M PINDER
1680 PARKER ST 1700 PARKER ST 1714 HOMES AVE
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-02278 391EIODC 9400 PA-2015-02278 391EIODC 4700 PA-2015-02278 391EIODC 5400
JIMENEZ SUSAN KNEPPER SCOTT LEE KOLAND THOMAS L TRUSTEE ET AL^
1221 STRATFORD LN P O BOX 5171 439 LIT WAY
SAN DIMAS, CA 91773 PORTLAND, OR 97208 ASHLAND, OR 97520
PA-2015-02278 391EIODC 9600 PA-2015-02278 391EIODC 5600 PA-2015-02278 391EIODC 5800
LOCKS RAYMOND L TRUSTEE MAC GRAW GARY/LAURIE MATTSSON DEBORAH GAIL ET AL
1521 MAIN ST E 423 LIT WAY 1700 HOMES AVE
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-02278 391EIODC 9201 PA-2015-02278 391EIODC 6000 PA-2015-02278 391E10DC 5300
MEYER RONALD TRUSTEE ET AL NEUMANN BERYL H PARSONS DOROTHY M TRUSTEE ET
6626 TARRY LN 1670 HOMES AVE 1715 PARKER ST
TALENT, OR 97540 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-02278 391EIODC 8200 PA-2015-02278 391EIODC 5000 PA-2015-02278 391EIODC 8300
PETERSON JULIE R SIMM MACIEJ/CAMBRIA STAFFORD CHARLES JEFFREY
1708 PARKER ST 432 LIT WAY 477 LIT WAY
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-02278 391 E10DC 7900
STAHA STEPHEN K/AYSHA L PA-2015-02278 391EIODC 9700 PA-2015-02278 391EIODC 2900
1691 PARKER ST TOSO JOHN TRUSTEE ET AL VAN PELT CHRISTINE L
ASHLAND, OR 97520 1660 PARKER ST 441 RAY LN
ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-02278 391EIODC 7800 PA-2015-02278 391EIODC 4600 PA-2015-02278
WESTERGAARD JEFF N WOLFF SHANNON TRUSTEE ET AL POLARIS SURVEY
1673 PARKER ST 450 LIT WAY P.O. BOX 459
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-02278
ROGUE PLANNING DEVELOPMENT SER
1424 IVY STREET
MEDFORD, OR 97501
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Planning Division ZONING PERMIT APPLICATION
51 Winburn Way, Ashland OR 97520
C I T Y OF 541-488-5305 Fax 541-488-6006 FILE #
-ASHLAND
DESCRIPTION OF PROJECT PROPERTY LINE ADJUSTMENT & VARIANCE
DESCRIPTION OF PROPERTY Pursuing LEED® Certification? O YES O
Street Address 423 LIT WAY & 1699 PARKER STREET
Assessor's Map No. 391 E 10 DC Tax Lot(s) 5600 & 8000
Zoning R-1-5 Comp Plan Designation SINGLE FAMILY RESIDENTIAL
APPLICANT
Name Rogue Planning & Development Services Phone 541.9514020 E-Mail amygunter.planning@gmail.com
Address 1424 S IVY STREET City MEDFORD Zip 97501
PROPERTY OWNER
Name DR. GARY & LAURIE MACGRAW Phone 541.890,0022 F:-Mall Gary@adicentral.com
Address 423 LIT WAY City ASHLAND Zip 97520
SURVEYOR, ENGINEER, ARCHITECT LANDSCAPE ARCHITECT OTHER
Title SURVEYOR Name POLARIS / SHAWN KAMPMANt`Ibhone 54.482-5009 E-Mail shawn@polarissurvey.com
Address PO BOX 459 City ASHLAND Zip 97520
Title Name Phone E-Mail
Address City Zip
l 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. l further understand that if this request is subsequently contested, the burden will be on me to
establish:
1) that l produced sufficient factual evidence at the hearing to support this request,-
2) that the findings of fact furnished justifies the granting of the request,-
3) that the findings of fact furnished by me are adequate; and further
4) that all structures or improvements are properly located on the ground.
Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to
be remove at~my expen . if /have any doubts I am advised to seek competent professional advice and assistance,
App scant Si ture 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, C,4,A A A - & t"a /q z ,5.
Property Owner Signature (require) Date
fro be completed by Ciry Staff
Date Received Zoning Permit Type i - a _ Filing Feel 13q
OVER' i/
G:\aonun-dev\pinnning\Fonns & HandwsVoning Pomil Application.dnc
ZONING PERMIT SUBMITTAL REQUIREMENTS
APPLICATION FORM must be completed and signed by both applicant and property owner,
FINDINGS OF FACT - Respond to the appropriate zoning requirements in the form of factual statements or
findings of fact and supported by evidence, List the findings criteria and the evidence that supports it, Include
information necessary to address all issues detailed in the Pre-Application Comment document,
2 SETS OF SCALED PLANS no larger than 11"x17", Include site plan, building elevations, parking and landscape
details, (Optional -1 additional large set of plans, 2'x3', to use in meetings)
FEE (Check, Charge or Cash)
❑ LEEDO CERTIFICATION (option/J- Applicant's wishing to receive priority planning action processing shall
provide the following documentation with the application demonstrating the completion of the following steps:
• Hiring and retaining a LEEDO Accredited Professional as part of the project team throughout design and
construction of the project; and
• The LEED® checklist indicating the credits that will be pursued,
NOTE:
• Applications are accepted on a first come, first served basis,
• Applications will not be accepted without a complete application form signed by the applicant(s) AND property
owner(s), all required materials and full payment,
• All applications received are reviewed for completeness by staff within 30 days from application date in accordance
with ORS 227,178,
• The first fifteen COMPLETE applications submitted are processed at the next available Planning Commission
meeting. (Planning Commission meetings include the Hearings Board, which meets at 1:30 pm, or the full Planning Commission, which
meets at 7:00 pm on the second Tuesday of each month, Meetings are held at the City Council Chambers at 1175 East Main St).
• A notice of the project request will be sent to neighboring properties for their comments or concerns,
• If applicable, the application will also be reviewed by the Tree and/or Historic Commissions,
i
G.komm•de0planningTorms & Handouts\Zaning Pem it Application.doc
I
FINDINGS OF FACT
BOUNDARY LINE ADJUSTMENT
AND
VARIANCE TO EXCEED MAXIMUM LOT DEPTH IN THE R-1-5 ZONE
f
i
SUBJECT PROPERTIES
423 LIT WAY
&
1699 PARKER
is
PROPERTY OWNER
DR. GARY MACGRAW I'
MRS. LAURIE MACGRAW
APPLICANT
ROGUE PLANNING AND DEVELOPMENT SERVICES
c 1 '
ROGUE PLANNING 6 DEVELOPMENT SERVICES, LLC
SuNect Properties
Addresses: 423 Lit Way
1699 Parker Street
Map & Tax hots: 39 lE IODC #5600 & 8000
Property Owner: Dr. Gary and Mrs. Laurie MacGraw
423 Lit Way
Ashland, OR 97520
I
Applicant: Rogue Planning and Development Services
Amy Gunter
1424 S Ivy Street
Medford, OR 97501
Surveyor: Polaris Land Survey
Shawn Kampman
PO BOX 459
Ashland, OR 97520
i
Comprehensive Plan Designation: Single Family Residential
Zoning: R-1-5
I~eguest•
Request for a Property Line Adjustment in accordance with Ashland Municipal Code (AMC)
18.5.3.120 to reconfigure the two tax lots, 5600 and 8000. The associated addresses are 1699
Parker Street (tax lot 8000) and 423 Lit Way (tax lot 5600). Both properties are zoned Single
Family Residential (R-1-5). The lots are owned in common. See the attached preliminary map,
surveyed by Oregon Licensed Surveyor, Shawn Kampmann from Polaris Land Surveying LLC
(Attachment A).
Property Background:
There are two properties involved in the request. One lot, 1699 Parker Street is on the south side
of Parker Street approximately 130 feet from the Parker Street and Lit Way intersections. The
other property is on the west side of Lit Way, one tax lot to the south of Holmes Ave. The rear
yards of 432 Lit Way and 1699 Parker are connected. Both of the parcels were platted with the
Foster Tract Subdivision platted in 1948.
Page 2 of 9
ROGUE PLANNING E DEVELOPMENT SERVICES, LLC
The subject properties are zoned Single Family Residential (R-1-5). All of the properties in the
vicinity are also zoned R-1-5. The adjacent properties are occupied by single family homes and
associated accessory structures.
The lot at 1699 Parker Street lot is 178.15 feet deep from south to north and 54.97 feet wide from
east to west. The lot is 9,795 square feet (sf) in area. A 1,164 sf single family residence with an
attached single vehicle carport that was constructed in 1958. The residence is located at the front
of the property near Parker Street. A detached garage that was converted to a recreation room
with a full-bath is located approximately 60-feet behind the residence. The recreation room is
837 sf and has an irregularly shaped deck that is approximately 440 sf. The deck is between 21-
28 inches above grade. There is 525 sf of brick walkway and a 675 sf concrete driveway. There
is a 64 sf garden shed to the west of the rec room. The existing lot coverage is 39.8 percent.
The lot at 423 Lit Way is 126.48 feet deep from east to west and 63.95 feet wide from south to
north. This lot is 12,876 sf in area. There is a 2,051 sf, two story structure that was constructed in
1950, the structure was added onto and remodeled in the 1980s and 1990s. A 600 sf detached
garage is located to the northwest of the residence. There is an approximately 600 sf deck on the
property. There is a 1,139 sf driveway and 590 sf of brickwork. The existing lot coverage is 55
percent.
Parker Street has a 40-foot wide public right-of-way (ROW) and is paved with curb and gutter.
Lit Way has a 36-foot ROW and it is also paved and has curb and gutter. Both streets lack
sidewalks.
There are minimal slopes to both properties, approximately four percent downhill to the north.
There are established trees and landscaping on the properties, no tree removal or significant site
disturbance is necessary to perform the property line adjustment or for the variance to the lot
depth.
Project Details:
The request is for a Property Line Adjustment to reconfigure the two properties currently owned
by the MacGraw's. There are five structures on the two lots. There is a single family residence,
detached structure (recreation room) and small garden shed on the 1699 Parker lot and there is a
single family residence and a detached garage on the 423 Lit Way lot. Since the request involves
incorporating the rear portion of the 1699 Parker Street into the 423 Lit Way lot, the 423 Lit Way
lot becomes non-conforming while the 1699 Parker Street lot which currently exceeds maximum
lot depth becomes conforming. In order to exceed the maximum lot depth in the zone, the
application includes a variance request. The maximum lot depth is 150 feet and the proposed lot
depth is 181.45.
Page 3 of 9
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ROGUE PLANNING G DEVELOPMENT SERVICES, LLC
The property owner, Dr. Gary MacGraw and Mrs. , ± y M
MacGraw reside at 423 Lit Way and have used the rec ~room at the rear of their property at 1699 Parker Street € .
as an extension of their residence. The Parker Street
residence has historically been used as a rental. The j
Defined and areas
proposed rear property line for 1699 Parker Street is
I
throughexisting fencing
approximately two feet to the north of the existing b % & vegetation.
I
fence line. The layout, structure orientation and ~function of 423 Lit Way and 1699 Parker will remain as
"
it is and has been for the last 20 years.;
The rec room is currently connected to the sanitary I
sewer, water service and electrical service of 1699 t t
Parker, following approval of this request, the utilities
will be relocated to 423 Lit Way. This will involve a
trench and relocation of the utilities. The applicant has been in discussion with the City of
Ashland utility departments to coordinate the site work and the relocation of the utilities.
Necessary Building Permits will be obtained to modify the utilities.
Findings addressing the approval criteria for a Property Line Adjustment and the approval
criteria for a Variance to lot depth are addressed below.
For clarity, the City of Ashland requirements, standards, and criteria are shown in Calibri font.
The applicant's findings are in Times New Roman and italicized.
Property Line Adjustment:
18.5.3.120 Property Line Adjustments
A Property Line Adjustment is the modification of lot boundary when no lot is created.
8. Approval Criteria. The Staff Advisor shall approve or deny a request for a property line
adjustment in writing based on all of the following criteria.
1. Parcel Creation. No additional parcel or lot is created by the lot line adjustment.
No additional parcel or lot is being created by the lot line adjustment.
2. Lot Standards. Except as allowed for nonconforming lots, pursuant to chapter 18.1.4, or as
required by an overlay zone in part 18.3, all lots and parcels conform to the lot standards of the
applicable zoning district, including lot area, dimensions, setbacks, and coverage, per part 18.2.
if a lot does not conform to the lots standards of the applicable zoning district, it shall not be
made less conforming by the property line adjustment. As applicable, all lots and parcels shall
identify a buildable area free of building restrictions for physical constraints (i.e., flood plain,
greater than 35 percent slope, water resource protection zones).
Page 4 of 9
i'
ROGUE PLANNING G DEVELOPMENT SERVICES, LLC
Lot Area: The proposed lots both meet or exceed the 5, 000 sf minimum lot area in the zone. The
Parker Street lot is proposed to be 5, 000 sf and the Lit Way lot is proposed to be 12,876 sf.
Lot Dimensions: The existing lot dimensions of Parker Street are 55 X 178.15. The proposed lot
dimensions are 55 X 89.92. The minimum lot width in the zone is 50 feet and the minimum lot
depth in the zone is 80 feet. The proposed lot dimensions comply.
The existing lot dimensions of Lit Way are 63.95 X 126 48, The proposed lot shape is irregular
and the dimensions are more complex. For the purposes of determining lot depth the following
definitions from the Ashland Municipal Code (AMC) have been utilized, The definition of lot
depth according to AMC 18,61 is as follows:
Lot Depth. The horizontal distance from the midpoint of the front lot line to the midpoint of the
rear lot line.
The definition of the rear lot line according to AMC 18.61 is as follows:
Lot Line. The property line along the edge of a lot.
Rear Lot Line. A lot line which is opposite and most distant from the front lot line, and in the
case of an irregular, triangular, or other shaped lot, a line ten feet in length within the lot
parallel to and at a maximum distance from the front lot line
In this case, though the rear lot line at the midpoint of the front lot line to the midpoint of the
rear lot line cannot readily be measured due to the irregular shape of the proposed lot
configuration for 423 Lit Way, the line that is opposite, most distant and parallel to the f font lot
line is the east property line which measures 181.45 feet from the front property line that abuts
Lit Way.
The proposed lot depth of 181.45 is more than 150 feet and according to Planning Division staff,
requires a variance to exceed the maximum lot depth of 150 feet. Findings address this issue are
on the following pages.
Setbacks: The existing structures are not proposed to be modified as part of the proposal. With
the proposed property line adjustment, the rear property line and the side property lines of 423
Lit Way are modified. The existing rec room and attached deck comply with both the current
standards (six-foot side yard and ten foot rear yard) and will continue to comply. The rec room
is setback eleven feet from the "new " rear property (west) and six feet from the "new " side
property lines (south and west). The structure is more than 50 feet from the north property line, a
"new " side yard.
There are some non-conforming setbacks with the existing structures but the lot line adjustment
will not impact these setbacks. For example, the existing carport at 1699 Parker Street was
constructed in the 1950s and is within 16-inches of the east property line. The proposal will not
modify this lot line. Additionally, the detached garage at 423 Lit Way is less than 3 feet f ,om
both the existing north and westproperty lines. The proposed lot line adjustment and varionee
will not modify these lot lines nor the structures proximity to the lot lines.
Page 5 of 9
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ROGUE PLANNING E DEVELOPMENT SERVICES, LLC
Solar Setback: All structures are existing and no modifications are proposed. Where the lot at
423 Lit Way is currently subject to solar setback standard B, with the proposed lot line
adjustment, any future construction on the site will be subject to solar setback standard A. This is
due to the increased lot depth ftonr N to S.
Existing Conditions: Slope = -.04 Existing lot average NIS dimension = 63.95: 30/(.445-.04) _
74.07. Lots whose NIS dimension is less than 301slope, are subject to solar setback standard B.
Proposed Conditions: Average NIS lot dimension = 76.095: Lots whose NIS dimension exceeds
301slope, are subject to solar setback standard A.
Solar setback standard A is more restrictive than standard B and limits the height and the
distance any new structure in the area that was part of the rear yard of 1699 Parker. The solar
setback will provide an additional setback above the standard six-foot side yard setback.
Coverage: A detailed analysis of the lot coverage is provided in Attachment B. The analysis
demonstrates that both of the properties following the proposed property line adjustment and
variance to exceed maximum lot depth are met.
1699 Parker: There is 2,234 sf of impervious surfaces on the reconfigured lot. This includes the
structures, the decks and brick walkways, and the concrete driveway. The maximum lot coverage
in the zone is 50 percent. The lot coverage of the proposed S, 000 sf lot is less than allowed in
AMC 18.2.5.030.
423 Lit Way: There is 6,176 sf of impervious surfaces on the reconfigured lot. This includes the
structures, the brickwork, decks and driveways. This is less than 50 percent of the area of the
proposed 12,876 sf lot
The property is not part of any overlay zone and there are no natural features on the property
that warrant the definition of a building envelope.
3. Access Standards. All lots and parcels conform to the standards in section 18.4.3.080 Vehicle
Area Design. Lots and parcels that do not conform to the access standards shall not be made
less conforming by the property line adjustment.
The existing lots generally comply with the access standards in section 18.4.3.080. Where
compliance is not met, such as, stacked parking within the existing driveways, or, more than 50-
feet of backing up as is the case at 423 Lit Way, the lots are not being made less conforming with
the proposed property line adjustment and variance to lot depth and the access standards are not
going to be affected.
C. Final Property Line Adjustment Plat. The final plat for Property Line Adjustments shall be
prepared as a partition plat, and meet the requirements of sections 18.5.3.090.
I
I
The applicant finds that proposal complies with the city requirements that the property line
adjustment shall be prepared as a final plat and meet the requirements of section 18.5.3.090. The
request for the lot depth of 423 Lit Way exceed 150 feet, should be exempted from the lot depth
standards because the table states "Lot Depth Maximum; does not apply to partitions, "
Regardless, findings addressing the variance criteria have been included with the proposal.
Page 6 of 9
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ROGUE PLANNING 8 DEVELOPMENT SERVICES, LLC
D. Recording Property Line Adjustments.
1. Recording. Within 60 days of the City approval of the final plat (or the approval of the
preliminary property line adjustment map expires), the applicant shall submit the final plat to
Jackson County for signatures of County officials as required by ORS chapter 92.
The partition plat for the proposed property line adjustment will be submitted to Jackson County
as required in ORS Chapter 92.
t
2. Time Limit. The applicant shall submit a copy of the recorded property line adjustment'
survey map to the City within 15 days of recording and prior to any application being filed for
building permits on the re-configured lots.
The applicant will provide a copy of the recor°ded partition plat for property line adjustment to
the City within 15 days of recording and prior to any application for building permit.
Lot Depth Variance:
18.5.5.050 Variance Approval Criteria
1. The variance is necessary because the subject code provision does not account for special or
unique physical circumstances of the subject site, such as topography, natural features,
adjacent development, or similar circumstances. A legal lot determination may be sufficient
evidence of a hardship for purposes of approving a variance.
The applicant finds that the existing lot at 1699 Parker Street currently exceeds the maximum lot
depth by 28.15 feet or 18.7 percent. With the proposed Property Line Adjustment, the non-
conformity is transferred to 423 Lit Way and 1699 Parker becomes conforming. With the
proposed configuration, 423 Lit Way would exceed the
i existing non-conforming lot depth by 3.31 feet or by
j
r° i 20.9 percent.
t-J
The physical layout of the site as depicted in the aerial
_ photograph to the left, demonstrates the special,
1
JeUned bard area, unique lot development that has occurred over many
i
through existing fencing
years. There is physical separation between the r ec
&vepetatinn. ' 'i
room and 423 Parker Street and 1699 Parker Street
F through the use of fencing and a hedge. The proposed
r E r- rear property line will fall approximately 2 feet to the
north of the existing east / west fence separation the
rec room from 1699 Parker Street.
Additionally, the maximum lot depth in 1he.R-1,S zone"
- = ! is 150 feet unless created by partition. AMC
Page 7 of 9
ROGUE PLANNING 6 DEVELOPMENT SERVICES, LLC
18.5.3.090 requires a Partition Plat be submitted for Property Line Adjustment. The applicant
finds that this requirement could exempt the property owner from complying with the maximum E
lot depth in the R-1-5 zone.
Both lots of legal lots of record created in the late 1940s as part of the Foster Tract Subdivision.
I:
2. The variance is the minimum necessary to address the special or unique physical
circumstances related to the subject site.
The variance request to increase an existing non-conforming lot depth by 3.3 jeet is the minimum
necessary to allow for the orderly and efficient layout of two tax lots without having to provide
the 3.3 feet strip of land along the east property line to 1699 Parlrer Street while functionally
remaining part of the use of 423 Lit Way.
3. The proposal's benefits will be greater than any negative impacts on the development of the
adjacent uses and will further the purpose and intent of this ordinance and the Comprehensive
Plan of the City.
The proposal will not have any negative impact on the development of adjacent uses. The
benefits of the proposal are that the property owner will be able to retain the rec room that they
have enjoyed the use of for many decades while allowing for the creation of a smaller, more
affordable parcel of land that could be sold in the open real estate market. The smaller lot area
of 5, 000 feet with a single family residence that is less than 1, 200 sf near an elementary school
and park will further the use of the residential land and provide for a more affordable housing
unit to further the purpose and intent of the Comprehensive Plan of the City by allowing for
diversity in housing type.
4. The need for the variance is not self-imposed by the applicant or property owner. For
example, the variance request does not arise as result of a property line adjustment or land
division approval previously granted to the applicant.
The requested variance to exceed the maximum lot depth is not arising due to previously granted
property line adjustment or land division approval previously granted to the applicant. The
property line proposed to be modified be could be modified to comply with the maximum lot E
depth by providing a 3.3 strip of land along the west property line of 1699 Parker Street. The
existing site layout, function, orientation, existing structures locations, sizes and shapes,
landscaping, parking, and all other aspects of the site will continue to function as they have for
more than 20 years.
The rec room is 11 feet from the west property line of 1699 Parker Street in the current lot
configuration, With the proposed property line adjustment and lot depth variance request shown
in Attachment A, the setback from the "new " rear yard of 423 Lit Way is II feet, If the property
line adjustment in Attachment C is approved and the variance request is denied, the rear yard
Page 8 of 9
ROGUE PLANNING 6 DEVELOPMENT SERVICES, LLC
setback for the rec room would be 7.7 feet. This rec room complies with the definition of an
accessory structure in AMC 18.2.5.040. The rec room is 12 feet tall and allowed to have a
reduced setback as provided in AMC 18.2.5.060., Yard Exceptions for side and rear yards.
18.2.5.060 Yard Exceptions
B. Side and Rear Yard Exceptions for Accessory Buildings and Accessory Residential Units.
2. Other Side and Rear Yards. For accessory buildings that are not attached to any other
building, are not more than 15 feet in height, and are erected more than 50 feet from any
street, the side or rear yard may be reduced to three feet, except when said yard is abutting an
alley as provided in subsection 18.2.5.060.B.1, above.
The rec room structure is detached for other buildings, it is less than 1 S feet in height and the
structure is more than 50 feet f -om any public street.
Conclusion:
In conclusion, we find that the request for a property line adjustment complies with the
requirements of the Ashland Municipal Code excepting the increase in the existing non-
conforming lot depth when transferred from 1699 Parker to 423 Lit Way which requires
variance approval. We find the 3.3 feet is inconsequential and the site will continue to operate as
it has with no negative impacts on the development of adjacent uses. The variance request will
further the purpose and intent of the single family residential zoning urban residential standards
by allowing a single family residence to retain its connect to its detached accessory structure.
The property line adjustment allows for the orderly, efficient use of the land in a manner that will
not affect any adjacent property.
There are no modifications to the structures proposed. The shared utilities will be relocated from
the rec room and 1699 Parker to 423 Lit Way. Required permits will be obtained. To the lay
person, including neighbors in the vicinity, the layout and function of the two properties will not
be modified, only the lines on the survey maps will be affected.
The applicant finds that all of the applicable City of Ashland requirements have been met or can
be met through the imposition of conditions of approval.
Attachments:
A: Preliminary survey
B: Lot coverage summary
Page 9 of 9
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LOT COVERAGE SUMMARY ® ATTACHMENT
423 LIT WAY:
EXISTING LOT CONFIGURATION PROPOSED LOT CONFIGURATION
AREA 8081 12876
BUILDINGS 2180 3117
DRIVEWAY 1139 1139
DECK 600 1040
BRICKWORK 590 880
TOTAL 4509 6176
PERCENT 55% 47,70%
1699 PARKER:
EXISTING LOT CONFIGURATION PROPOSED LOT CONFIGURATION
AREA 9795 5000
BUILDINGS 2265 1364
DRIVEWAY 675 675
DECK 440 0
BRICKWORK 525 195
TOTAL 3905 2234
PERCENT 39.80% 44.680/
Job Address: 423 LIT WAY Contractor:
ASHLAND OR 97520 Address:
C
A Owner's Name: MAC GRAW GARY/LAURIE O Phone:
P Customer 08501 N State Lic No:
P MAC GRAW GARY/LAURIE T City Lic No:
L Applicant: 423 LIT WAY R
Address: ASHLAND OR 97520 A
C C Sub-Contractor:
A Phone: T Address:
N Applied: 12/04/2015 O
T Issued:
Expires: 06/01/2016 R Phone:
State Lic No:
Maplot: 391E10DC5600 City Lic No:
DESCRIPTION: Type 1 variance and lot line adj
VALUATION
Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description
Total for Valuation:
MECHANICAL
ELECTRICAL
i
STRUCTURAL
PERMIT FEE DETAIL
Fee Description Amount Fee Description Amount
Variance (Type 1) 1,012.00 Administrative Action (other) 335.00
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.ashiand.or.us
Inspection Request Line: 541-552-2080 CITY OF
I
c
I hereby certify the contents of this application to be correct to the
best of my knowledge, and furthermore, that I have read, Fee Summary Paid Amounts
understood and agreed to the following:
Building: $ 0.00 $ 0.00
1. This permit shall remain valid only in accordance with code State Surcharge: $ 0.00 $ 0.00
or regulation provisions relating to time lapse and revocation Development Fees: $ 0.00 $ 0.00
(180 days).
2. Work shall not proceed past approved inspection stage. All Systems Development Charges: $ 0.00 $ 0.00
required inspections,shall be called for 24 hours in advance. Utility Connection Fees: $ 0.00 $ 0.00
3. Any modifications in plans or work shall be reported in
advance to the department. Public Works Fees: $ 0.00 $ 0.00
4. Responsibility for complying with all applicable federal, state, Planning Fees: $ 1,347.00 $ 1,347.00
or local laws, ordinances, or regulations rests solely with the
applicant. Sub-Total: $ 1,347.00
Fees Paid: $ 1,347.00
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 N
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