HomeMy WebLinkAboutBellview_965_PA-2016-00578 (2)
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August 13, 2018
Notice of Final Decision
On August 13, 2018, the Community Development Director approved the request for the
following:
Planning Action: PA-T1-2018-00014
Subject Property: 957, 961 and 965 Bellview Ave
Applicant/Owners: Jason & Kelly Eaton, Leonard Joey Howard, and Kim Jensen et al
Description: A request to modify Planning Actions #2016-00578 and #2016-01316 to
allow a Variance to the requirement that the 15-foot wide flag drive be paved for the properties
located at 957-961-965 Bellview Avenue. Flag drive standards typically require a paved driving
surface, and the applicants have proposed to retain the existing gravel surface. The applicants
have obtained a soil compaction report from Marquess & Associates verifying that the gravel
driveway as proposed can support the weight of a fire truck, and have proposed a shared
maintenance agreement to maintain the driveway in good condition capable of supporting
emergency access vehicles. COMPREHENSIVE PLAN DESIGNATION: Single Family
Residential; ZONING: R1-7.5; ASSESSOR'S MAP: 39 lE 14CC; TAX LOT: 4500, 4501 &
4601.
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 Derek Severson in the
Community Development Department at (541) 488-5305.
cc: Parties of record and property owners within 200 ft
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541A88-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900 `
www. ash land. orms , r,
SECTION 18.5.1.050 Type I Procedure (Administrative Decision with Notice)
E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to
subsection 18.5.1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision.
F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below.
1. Any party entitled to notice of the planning action, or any City department may request reconsideration of the action
after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no
fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision.
Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence
during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity
to respond to the issue prior to making a decision.
2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall
decide within three days whether to reconsider the matter.
3. If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the
decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse
the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any I`
party entitled to notice of the planning action.
4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the
reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration.
G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following:
1. Who May Appeal. The following persons have standing to appeal a Type I decision.
a. The applicant or owner of the subject property.
b. Any person who is entitled to written notice of the Type I decision pursuant to subsection
18.5.1.050.B.
c. Any other person who participated in the proceeding by submitting written comments on the application to the
City by the specified deadline.
2. Appeal Filing Procedure.
a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.050.G.1, above, may
appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of this
subsection. The fee required in this section shall not apply to appeals made by neighborhood or community
organizations recognized by the City and whose boundaries include the site. If an appellant prevails at the hearing
or upon subsequent appeal, the fee for the initial hearing shall be refunded.
b. Thne for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of
decision is mailed.
c. Content of Notice of Appeal. The notice of appeal shall be accompanied by the required filing fee and shall contain.
i. An identification of the decision being appealed, including the date of the decision.
ii. A statement demonstrating the person filing the notice of appeal has standing to appeal.
iii. A statement explaining the specific issues being raised on appeal.
iv. A statement demonstrating that the appeal issues were raised during the public comment period,
d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a
jurisdictional defect and will not be heard or considered.
3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before the
Planning Commission. The appeal shall not be limited to the application materials, evidence and other documentation,
and specific issues raised in the review leading up to the Type I decision, but may include other relevant evidence and
arguments. The Commission may allow additional evidence, testimony, or argument concerning any relevant
ordinance provision.
4, Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type 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 4
www.ashland.or.us
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: PA- T1-2018-00014
SUBJECT PROPERTY: 957, 961 and 965 Bellview Ave
APPLICANT: Jason Eaton
O ERS: Jason & Kelly Eaton (957 Bellview Ave)
Leonard Joey Howard (961 Bellview Ave)
Kim Jensen et al (965 Bellview Ave)
DESCRIPTION: A request to modify Planning Actions #2016-00578 and 42016-01316 to
allow a Variance to the requirement that the 15-foot wide flag drive be paved for the properties located at
957-961-965 Bellview Avenue. Flag drive standards typically require a paved driving surface, and the
applicants have proposed to retain the existing gravel surface. The applicants have obtained a soil
compaction report from Marquess & Associates verifying that the gravel driveway as proposed can
support the weight of a fire truck, and have proposed a shared maintenance agreement to maintain the
driveway in good condition capable of supporting emergency access vehicles.
COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R1-7.5;
ASSESSOR'S MAP: 39 lE 14CC; TAX LOT: 4500, 4501 & 4601
SUBMITTAL DATE: May 23, 2018
DEEMED COMPLETE DATE: June 22, 2018
STAFF APPROVAL DATE: August 9, 2018
APPEAL DEADLINE (4:30 P.M.): August 27, 2018
FINAL DECISION DATE (4:30 P.M.): August 27, 2018
APPROVAL EXPIRATION DATE: February 27, 2020
DECISION
The subject properties are roughly rectangular and located on the west side of Bellview Avenue. The
zoning of the subject properties is R-1-7.5, a Single Family Residential zoning with a minimum lot size
requirement of 7,500 square feet.
Clay Creek, a Local Stream with a Water Resource Protection Zone (WRPZ) extending 40 feet upland of
the centerline of stream on both banks, runs generally north-south roughly parallel to and approximately
30 feet from the rear property lines of 957 Bellview Avenue and 961 Bellview Avenue. In addition to
Clay Creek's WRPZ, both the Federal Emergency Management Agency (FEMA) and the City of Ashland
have designated floodplain corridor lands for this creek which encompass roughly the rear 80-90 feet of
the parcels. Nearer the street, the properties have mild slopes of 61/2 to 71/2 percent down to the north while
rear, the properties have slopes ranging from 40 to 45 percent along the creek's bank. The presence of
Clay Creek, its WRPZ and associated riparian area, floodplain corridor lands and the steep slopes along
the creek corridor were all considered in conjunction with requests to partition the parent parcels in 2016.
The two parent parcels, 955 Bellview Avenue and 965 Bellview Avenue were each partitioned to create
two flag lots at 957 Bellview Avenue and 961 Bellview Avenue in 2016 and each has subsequently been
developed with a single family residence. The flag lots created through those partitions were proposed to
be served by a shared flag driveway north of the existing house on 965 Bellview Avenue. The flag
driveway is on the 961 Bellview Avenue parcel and easement access was required to allow 957 Bellview
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Avenue and 965 Bellview Avenue'to utilize the flag driveway for access while reducing the number of
curb cuts required for the properties. For drives serving two flag lots, or shared by adjacent properties,
the flag drive is required to be 20 feet wide, with a 15-foot wide paved driving surface centered in the
driveway easement to the back of the first lot, and a 12-foot wide driving surface to the rear lot. Conditions
of the partition approvals required that the flag drive installation comply with standards and that evidence
of necessary easements be provided.
The current application is a request to modify the two recent land partition applications (PA-2016-00578
and PA-2016-01316) to allow a Variance to the requirement that the 15-foot wide flag drive serving the
properties be paved. While the flag drive standards typically require a paved driving surface, the
applicants have proposed to retain the existing gravel surface. The requirement to pave flag drives is
largely intended to insure that adequate access can be provided to accommodate emergency vehicles when
necessary. The applicants assert that a gravel surface is more permeable and will result in less run-off,
will absorb less heat and less no contribute to the "heat island" effect, will not off-gas the way asphalt
could, and will be more in keeping with the neighborhood character. To support the Variance request, the
applicants have obtained a soil compaction report from Marquess & Associates verifying that the gravel
driveway as proposed can support the weight of a fire truck, and have proposed a shared maintenance
agreement to maintain the driveway in good condition capable of supporting emergency access vehicles.
In considering the request, staff believe that the paving requirement does not account for some special or j'
unique physical circumstances of the subject properties here. First, there is an existing grade change at
the property line between 955 and 965 Bellview at the north edge of the existing flag drive, and second,
as the driveway goes behind the existing house at 955 Bellview, there is a group of 18- to 24-inch diameter
cedar trees which were to be preserved and protected with the partition but which pre-date the applicants
acquisition of the property. In staff's assessment, not paving the driveway is the minimum option
necessary to avoid the additional excavation which could require additional site work to address the grade
change and further impact these trees, and in staff's view the potential benefit is greater than the negative
impacts provided that the applicants maintain the driveway in such a way that emergency vehicle access
is insured.
No public comments were received during the 14-day public comment period following the required
Notice of a Complete Application for the partition request, and upon review of the application and the
applicable code requirements of the City of Ashland, the proposed partition is approved with the
conditions listed below.
The criteria for a Preliminary Partition Plat are described in AMC Chapter 18.5.3.050, as follows:
A. The future use for urban purposes of the remainder of the tract will not be impeded.
B. The development of the remainder of any adjoining land or access thereto will not be impeded.
C. The partition plan conforms to applicable City-adopted neighborhood or district plans, if any, and any previous
land use approvals for the subject area.
D. The tract of land has not been partitioned for 12 months.
E`. Proposed lots conform to the requirements of the underlying zone, per part 18.2, any applicable overlay zone
requirements, per part 18.3, and any applicable development standards, per part 18.4 (e.g., parking and
access, tree preservation, solar access and orientation).
F: Accesses to individual lots conform to the standards in section 18.4.3.080 Vehicle Area Design. See also,
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18.5.3.060 Additional Preliminary Flag Lot Partition Plat Criteria.
G. The proposed streets, utilities, and surface water drainage facilities conform to the street design standards
and other requirements in pall 18.4, and allow for transitions to existing and potential future development on
adjacent lands. The preliminary plat shall identify all proposed public improvements and dedications,
H. (leaved Sheets.
1. Minimum Street Improvement. When there exists a 20-foot wide access along the entire street
frontage of the parcel to the nearest fully improved collector or arterial street, as designated in the
Comprehensive Plan, such access shall be improved with an asphaltic concrete pavement designed
for the use of the proposed street. The minimum width of the street shall be 20-feet with all work
done under permit of the Public Works Department.
2, Unpaved Streets. The Public Works Director may allow an unpaved street for access for a land
partition when all of the following conditions exist,
c;
a. The unpaved street is at least 20-feet wide to the nearest fully improved collector or arterial
street. The City may require the street to be graded (cut and filled) to its standard physical
width, and surfaced as required in chapter 18.4.6 prior to the signature of the final partition
plat by the City,
b. The centerline grade on any portion of the unpaved street does not exceed ten percent.
C. The final elevation of the street shall be established as specified by the Public Works Director
except where the establishment of the elevation would produce a substantial variation in the
level of the road surface. In this case, the slope of the lot shall be graded to meet the final
street elevation.
d. Should the partition be on an unpaved street and paving is not required, the applicant shall
agree to participate in the costs and to waive the rights of the owner of the subject property
to remonstrate both with respect to the owners agreeing to participate in the cost of full street
improvements and to not remonstrate to the formation of a local improvement district to cover
such improvements and costs thereof. Full street improvements shall include paving, curb,
gutter, sidewalks, and the undergrounding of utilities. This requirement shall be precedent
to the signing of the final survey plat, and if the owner declines to so agree, then the
application shall be denied.
I. Where an alley exists adjacent to the partition, access may be required to be provided from the alley and
prohibited from the street.
J. Required State and Federal permits, as applicable, have been obtained or can reasonably be obtained prior
to development.
The additional criteria for a Preliminary Flag Lot Partition Plat are described in AMC Chapter 18.5.3.060
as follows:
A. The criteria of section 18,5.3.050 are met.
B. For the purpose of meeting the minimum lot area requirement, the lot area, exclusive of the flag drive area,
must meet the minimum square footage requirements of the zoning district.
C. Flag drives shall be in the same ownership as the flag lots served. Where two or more lots are served by the
same flag drive, the flag drive shall be owned by one of the lots and an easement for access shall be granted
to the other lot or lots.
PA-TI-2018-00014
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D. Except as provided in subsection 18.5.3.060,14, below, the flag drive serving a single flag lot shall have a
minimum width of 15 feet and contain a 12 foot wide paved driving surface. For drives serving two flag lots,
the flag drive shall be 20 feet wide, with a 15 foot wide driving surface to the back of the first lot, and a 12
foot wide driving surface to the rear lot. Drives shared by adjacent properties shall have a width of 20 feet,
with a 15 foot paved driving surface. Width shall be increased on turns where necessary to ensure fire
apparatus remain on a paved surface during travel.
E. Curb cuts have been minimized, where possible, through the use of common driveways. No more than two
flag lots are served by the flag drive.
F. Flag drive grades shall not exceed a maximum grade of 15 percent. Variances may be granted for flag drives
for grades in excess of 15 percent but no greater than 18 percent for not more than 200 feet. Such variances
shall be required to meet all of the criteria for approval in chapter 18, 5.5 Variances.
G. Flag drives shall be constructed to prevent surface drainage from flowing over sidewalks or other public ways.
M. Flag lots adjacent to an alley shall meet all of the requirements of this section, except that:
1. Vehicle access shall be from the alley only where required as a condition of approval.
2. No screening and paving requirements shall be required for the flagpole.
3. A four foot pedestrian path shall be installed within the flagpole and improved and maintained with
either a concrete, asphalt, brick, or paver block surface connecting the street to the buildable area
of the flag lot.
4. The flag pole width shall be no less than eight feet wide and the entrance of the pole at the street
shall be identified by the address of the flag lot clearly visible from the street on a four-inch by four-
inch post that is 312 feet high. The post shall be painted white with black numbers three inches high
running vertically down the front of the post. For flagpoles serving two or more dwellings, the
addresses of such dwellings shall be on a two foot by three foot white sign clearly visible from the
street with three-inch black numbers.
1. Flag drives and fire work areas shall be deemed Fire Apparatus Access Roads under the Oregon Fire Code
and subject to all requirements thereof.
J. When required by the Oregon Fire Code, flag drives greater than 150 feet in length shall provide a turnaround
(see Figure 18.4.6.040. G. 5), The Staff Advisor, in coordination with the Fire Code Official, may extend the
distance of the turnaround requirement up to a maximum of 250 feet in length as allowed by Oregon Fire k:
Code access exemptions.
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K. Each flag lot has at least three parking spaces situated to eliminate the necessity for vehicles backing out.
L. There shall be no parking within ten feet of the centerline of the drive on either side of the flag drive entrance.
M. Flag drives serving structures greater than 24 feet in height, as defined in part 18.6, shall provide a fire work
area of 20 feet by 40 feet clear of vertical obstructions and within 50 feet of the structure. The fire work area
requirement shall be waived if the structure served by the drive has an approved automatic sprinkler system
installed.
PA-TI-2018-00014
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The criteria for a Variance are described in AMC Chapter 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 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.
The application with the attached conditions complies with all applicable City ordinances. Planning
Action #PA-T1-2018-00014 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 Plarming Action #PA-T1-
2018-00014 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
herein, including that a shared maintenance agreement between the properties at 957, 961 and 965
Bellview be signed and recorded prior to final approval. This agreement shall be signed by all
property owners in agreeing to maintain the driveway in good condition capable of supporting
emergency access vehicles.
2) That all conditions of the previous land use approvals (PA-2016-00578 and PA-2016-01316) shall
remain in effect unless otherwise modified herein.
3) That the requirements of the Fire Department including: approved addressing; provisions for
approved fire apparatus access including angle of approach, turn-around, firefighter access
pathway, limits on gates, fences and other obstructions, and requisite easements; fire flow; fire
hydrant distance to structures; fire department work area; and fire sprinkler systems if necessary
to mitigate deficiencies related to other fire requirements, shall be satisfactorily addressed. If any
wo is to be completed during fire season, applicants are advised to check applicable fire season
fire prev n=uirements d at www .ashland.or.us/fireseason.
August 13, 2018
Bil olnar, DiP ctoP Date
D artment of ommunity Development
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PA-T1-2018-00014
957-961-965 Bellview Av/ds
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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 8/13/181 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 #T1-2018-00014, 957, 961, 965 Bellview.
Signature of Employee
Documenll 8/1312018
t
S'
PA-T1-2018-00014 391E14CA 5801 PA-T1-2018-00014 391E14CD 2300 PA-T1-2018-00014 391E14CD 2100
AINSWORTH ANNE B TRUSTEE ET AL ARRINGTON ANDREW T/MARCELLA BAKER ANNA N TRUSTEE ET AL
933 BELLVIEW AVE 976 BELLVIEW 960 BELLVIEW AVE
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2018-00014 391E14CC 5000 PA-T1-2018-00014 391E14CD 2200 PA-T1-2018-00014 391E14CC 4300
BOUMIL BRUCE MICHAEL BROWN BETTY L CARSTENSEN KARL/JENIFER
1034 CANYON PARK DR 970 BELLVIEW AVE 975 BELLVIEW AVE
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2018-00014 391E14CD 2000 PA-T1-2018-00014 391E14CC 4601 PA-T1-2018-00014 391E14CC 4600
DAVID HARRY I/DAVID ISAAC H EATON JASON/KELLY FRANKO MICHAEL T V
950 BELLVIEW AVE 865 HENRY ST 955 BELLVIEW AVE
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2018-00014 391E14CC 4800 PA-T1-2018-00014 391E14CC 4200 PA-T1-2018-00014 391E14CD 5600
GIFFEN DANA L TRUSTEE ET AL GOVEDARE VIRGINIA GLADYS HARRIS HERBERT E III/SHANNON
1028 CANYON PARK DR 2301 BLACK OAK WAY 995 BELLVIEW AVE
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2018-00014 391E14CC 4100 PA-T1-2018-00014 391E14CD 1602 PA-T1-2018-00014 391E14CC 4501
HAWK ROBERT W HOU MICHAEL MOLITCH/MATICH HOWARD LEONARD JOEY
2311 BLACK OAK WAY DANIELLE 800 LIBERTY ST
ASHLAND, OR 97520 1151 TOLMAN CREEK RD ASHLAND, OR 97520
ASHLAND, OR 97520
PA-T1-2018-00014 391 E14CA 5800 PA-T1-2018-00014 391 E14CD 1900 PA-T1-2018-00014 391 E14CC 4500
HUESTON KAREN TRUSTEE ET AL JACOBSON MICHAEL E/MARY A JENSEN KIM ET AL
933 BELLVIEW AVE 4976 SIERRA RD 965 BELLVIEW AVE
ASHLAND, OR 97520 SAN JOSE, CA 95132 ASHLAND, OR 97520
PA-T1-2018-00014 391 E14CD 2400 PA-T1-2018-00014 391 E14CC 4700 PA-T1-2018-00014 391 El4CA 5700
KELLY VIRGINIA C TRUSTEE ET AL LOCKHART JULIE A TRUST ET AL LORING SCOTT C/HEATHER D
1000 BELLVIEW AVE 1016 CANYON PARK DR 935 BELLVIEW AVE
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2018-00014 391E14CB 802 PA-T1-2018-00014 391E14CD 1700 PA-T1-2018-00014 391E14CB 7000
MCVEY TIM LEWIS/ANN MARIE NEISEWANDER DEBRA M POWER MARY P REV LIVING TRUST
8600 MANILA PL 1159 TOLMAN CREEK RD 1010 CANYON PARK DR
DULLES, VA 20189 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2018-00014 391E14CC 4000 PA-T1-2018-00014 391E14CA 5600 PA-T1-2018-00014 391E14CD 5201
ROBISON ELEANOR S TRSTE FBO SECOND AVENUE HOLDINGS LLC VAUGHN GAYLE
2321 BLACK OAK WY PO BOX 613 231 NW 73RD CT
ASHLAND, OR 97520 ASHLAND, OR 97520 NEWPORT, OR 97365
PA-T1-2018-00014 391 E14CC 4400 PA-T1-2018-00014 957, 961 and 965 Bellview
VITTORIA SAMUEL/KELLY JASON EATON NOD 8/13/18
985 BELLVIEW AVE 957 BELLVIEW AVE 29
ASHLAND, OR 97520 ASHLAND, OR 97520
c
Planning Department, 51 Winnurn Way, Ashland, Oregon 97520 I F
541-488-5305 Fax: 541-552-2050 www.ashland,or.us TTY: 1-800-735-2900 ASHL
NOTICE OF APPLICATION
PLANNING ACTION: PA- 2018-00014
SUBJECT PROPERTY: 957, 961 and 965 Bellview Ave
APPLICANT: Jason Eaton
OWNERS: Jason & Kelly Eaton (957 Bellview Ave), Leonard Joey Howard (961 Bellview Ave), and Kim Jensen
et al (965 Bellview Ave) /Jason Eaton
DESCRIPTION: A request to modify Planning Actions #2016-00578 and #2016-01316 to allow a Variance to the requirement
that the 15-foot wide flag drive be paved for the properties located at 957-961-965 Bellview Avenue, Flag drive standards
typically require a paved driving surface, and the applicants have proposed to retain the existing gravel surface. The
applicants have obtained a soil compaction report from Marquess & Associates verifying that the gravel driveway as proposed
can support the weight of a fire truck, and have proposed a shared maintenance agreement to maintain the driveway in good
condition capable of supporting emergency access vehicles. COMPREHENSIVE PLAN DESIGNATION: Single Family
Residential; ZONING: R1-7.5; ASSESSOR'S MAP: 391 E 14CC; TAX LOT: 4500, 4501 & 4601
NOTICE OF COMPLETE APPLICATION: June 26, 2018
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: July 10, 2018
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The Ashland Planning Division Staff has received a complete application for the property noted above.
Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn Way,
Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above.
Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice
is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the comment period
and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice
of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division 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 18.5.1.050.G)
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.
GAcomm-de0planning\Planning Actions\Noticing Folderwtailed Notices & Signs\2018\PA-TI-2018-00014 NOC.docx
PRELIMINARY PARTITION PLAT
18.5.3.050
The approval authority shall approve an application for preliminary partition plat approval only where all of the following criteria are met.
A. The future use for urban purposes of the remainder of the tract will not be impeded.
B. The development of the remainder of any adjoining land or access thereto will not be impeded.
C. The partition plan conforms to applicable City-adopted neighborhood or district plans, if any, and any previous land use approvals for the subject area.
D. The tract of land has not been partitioned for 12 months.
E. Proposed lots conform to the requirements of the underlying zone, per part 18.2, any applicable overlay zone requirements, per part 18.3, and any applicable
development standards, per part 18.4 (e.g., parking and access, tree preservation, solar access and orientation).
F. Accesses to individual lots conform to the standards in section 18.4.3.080 Vehicle Area Design. See also, 18.5.3.060 Additional Preliminary Flag Lot Partition
Plat Criteria,
G. The proposed streets, utilities, and surface water drainage facilities conform to the street design standards and other requirements in part 18.4, and allow
for transitions to existing and potential future development on adjacent lands. The preliminary plat shall identify all proposed public improvements and
dedications.
H. Unpaved Streets.
1. Minimum Street Improvement. When there exists a 20-foot wide access along the entire street frontage of the parcel to the nearest fully improved
collector or arterial street, as designated in the Comprehensive Plan, such access shall be improved with an asphaltic concrete pavement designed
for the use of the proposed street. The minimum width of the street shall be 20-feet with all work done under permit of the Public Works Department.
2. Unpaved Streets. The Public Works Director may allow an unpaved street for access for a land partition when all of the following conditions exist.
a. The unpaved street is at least 20-feet wide to the nearest fully improved collector or arterial street. The City may require the street to be graded
(cut and filled) to its standard physical width, and surfaced as required in chapter 18.4.6 prior to the signature of the final partition plat by the City.
b. The centerline grade on any portion of the unpaved street does not exceed ten percent.
c. The final elevation of the street shall be established as specified by the Public Works Director except where the establishment of the elevation
would produce a substantial variation in the level of the road surface. In this case, the slope of the lot shall be graded to meet the final street
elevation.
d. Should the partition be on an unpaved street and paving is not required, the applicant shall agree to participate in the costs and to waive the rights
of the owner of the subject property to remonstrate both with respect to the owners agreeing to participate in the cost of full street improvements
and to not remonstrate to the formation of a local improvement district to cover such improvements and costs thereof. Full street improvements
shall include paving, curb, gutter, sidewalks, and the undergrounding of utilities. This requirement shall be precedent to the signing of the final
survey plat, and if the owner declines to so agree, then the application shall be denied.
1. Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from the street.
J. Required State and Federal permits, as applicable, have been obtained or can reasonably be obtained prior to development.
The additional criteria for a Preliminary Flag Lot Partition Plat are described in AMC Chapter 18.5.3.060 as follows:
The approval authority shall approve a preliminary plat application for a flag lot partition only where all of the following criteria are met.
A. The criteria of section 18.5.3.050 are met.
8. For the purpose of meeting the minimum lot area requirement, the lot area, exclusive of the flag drive area, must meet the minimum square footage
requirements of the zoning district.
C. Flag drives shall be in the same ownership as the flag lots served. Where two or more lots are served by the same flag drive, the flag drive shall be
owned by one of the lots and an easement for access shall be granted to the other lot or lots,
D. Except as provided in subsection 18,5.3.060.H, below, the flag drive serving a single flag lot shall have a minimum width of 15 feet and contain a 12
foot wide paved driving surface. For drives serving two flag lots, the flag drive shall be 20 feet wide, with a 15 foot wide driving surface to the back of
the first lot, and a 12 foot wide driving surface to the rear lot. Drives shared by adjacent properties shall have a width of 20 feet, with a 15 foot paved
driving surface. Width shall be increased on turns where necessary to ensure fire apparatus remain on a paved surface during travel.
E. Curb cuts have been minimized, where possible, through the use of common driveways, No more than two flag lots are served by the flag drive.
F. Flag drive grades shall not exceed a maximum grade of 15 percent. Variances may be granted for flag drives for grades in excess of 15 percent but
no greater than 18 percent for not more than 200 feet. Such variances shall be required to meet all of the criteria for approval in chapter 18.
Variances.
G. Flag drives shall be constructed to prevent surface drainage from flowing over sidewalks or other public ways.
H. Flag lots adjacent to an alley shall meet all of the requirements of this section, except that:
1. Vehicle access shall be from the alley only where required as a condition of approval.
2. No screening and paving requirements shall be required for the flagpole.
3. A four foot pedestrian path shall be installed within the flagpole and improved and maintained with either a concrete, asphalt, brick, or paver C"
block surface connecting the street to the buildable area of the flag lot.
4. The flag pole width shall be no less than eight feet wide and the entrance of the pole at the street shall be identified by the address of the
flag lot clearly visible from the street on a four-inch by four-inch post that is 3% feet high. The post shall be painted white with black numbers
three inches high running vertically down the front of the post. For flagpoles serving two or more dwellings, the addresses of such dwellings
shall be on a two foot by three foot white sign clearly visible from the street with three-inch black numbers.
1. Flag drives and fire work areas shall be deemed Fire Apparatus Access Roads under the Oregon Fire Code and subject to all requirements thereof.
J. When required by the Oregon Fire Code, flag drives greater than 150 feet in length shall provide a turnaround (see Figure 18.4.6.040. G.5). The Staff
Advisor, in coordination with the Fire Code Official, may extend the distance of the turnaround requirement up to a maximum of 250 feet in length as
allowed by Oregon Fire Code access exemptions.
GAcomm-de0planningTIanning Actions\Noticing Folder'4ailed Notices & Signs\2018TA-T1-2018-00014 NOC.docx
i
K. Each flag lot has at least three parking -es situated to eliminate the necessity for vehicles icing out.
L. There shall be no parking within ten feer of the centerline of the drive on either side of the flag drive entrance.
M. Flag drives serving structures greater than 24 feet in height, as defined in part 18.6, shall provide a fire work area of 20 feet by 40 feet clear of vertical
obstructions and within 50 feet of the structure. The fire work area requirement shall be waived if the structure served by the drive has an approved
automatic sprinkler system installed.
N. Both sides of the flag drive have been screened with a site-obscuring fence, wall or evergreen hedge to a height of from four to six feet, except in the
front yard setback area where, starting five feet from the property line, the height shall be from 30 to 42 inches in the remaining setback area. Such
fence or landscaping shall be placed at the extreme outside of the flag drive in order to ensure adequate fire access.
0. The applicant has executed and filed with the Community Development Department an agreement between applicant and the City for paving and
screening of the flag drive. Such an agreement shall specify the period within which the applicant, or agent for applicant, or contractor shall complete
the paving to standards as specified by the Public Works Director and screening as required by this section, and providing that if applicant should fail
to complete such work within such period, the City may complete the same and recover the full cost and expense thereof from the applicant. An
agreement shall also provide for the maintenance of the paving and screening pursuant to this section, and assurance ongoing maintenance.
P. Flag lots shall be required to provide a useable yard area that has a minimal dimension of 20 feet wide by 20 feet deep. As used in this chapter, the
term "useable yard area" means a private yard area which is unobstructed by a structure or automobile from the ground upward.
VARIANCE
18.5.5.050
k,
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.
GAcomm-deOplanningTIanning Actions\Noticing FolderWailed Notices & Signs\2018TA-T1-2018-00014 NOC.docx
m
1 , 1'A/ 7(eTli TIP }ti t.l'. i-~ r fojp~'P /j...lfft `f P1e7Y1C 'ti - n i4 ili~lY 1131', n11!1- TWO
PA-T1-2018-00014 391 E14CA 5801 PA-T1-2018-00014 391 E14CD 2300 PA-T1-2018-00014 391 E14CD 2100
AINSWORTH ANNE B TRUSTEE ET ARRINGTON ANDREW T/MARCELLA j BAKER ANNA N TRUSTEE ET AL
AL 976 BELLVIEW 960 BELLVIEW AVE j
933 BELLVIEW AVE ASHLAND, OR 97520 ASHLAND, OR 97520
ASHLAND, OR 97520
PA-T1-2018-00014 391 E14CC 5000 PA-T1-2018-00014 391E14CD 2200 PA-T1-2018-00014 391E14CC 4300
BOUMIL BRUCE MICHAEL BROWN BETTY L CARSTENSEN KARLMENIFER
1034 CANYON PARK DR j 970 BELLVIEW AVE 975 BELLVIEW AVE
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
i
PA-T1-2018-00014 391 E14CD 2000 PA-T1-2018-00014 391 E14CC 4601 % PA-T1-2018-00014 391 E14CC 4600
DAVID HARRY I/DAVID ISAAC H EATON JASON/KELLY FRANKO MICHAEL T V
950 BELLVIEW AVE 865 HENRY ST 955 BELLVIEW AVE
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2018-00014 391 E14CC 4800 PA-T1-2018-00014 391 E14CC 4200 PA-T1-2018-00014 391 E14CD 5600
GIFFEN DANA L TRUSTEE ET AL GOVEDARE VIRGINIA GLADYS HARRIS HERBERT E III/SHANNON
1028 CANYON PARK DR 2301 BLACK OAK WAY 995 BELLVIEW AVE
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2018-00014 391 E14CC 4100 PA-T1-2018-00014 391 E14CD 1602 PA-T1-2018-00014 391 E14CC 4501
HAWK ROBERT W HOU MICHAEL MOLITCH/MATICH HOWARD LEONARD JOEY
2311 BLACK OAK WAY DANIELLE 800 LIBERTY ST
ASHLAND, OR 97520 1151 TOLMAN CREEK RD ASHLAND, OR 97520
ASHLAND, OR 97520
PA-T1-2018-00014 391 E14CA 5800 PA-T1-2018-00014 391 E14CD 1900 PA-T1-2018-00014 391 E14CC 4500
HUESTON KAREN TRUSTEE ET AL JACOBSON MICHAEL E/MARY A JENSEN KIM ET AL
933 BELLVIEW AVE 4976 SIERRA RD 965 BELLVIEW AVE
ASHLAND, OR 97520 SAN JOSE, CA 95132 ASHLAND, OR 97520
PA-T1-2018-00014 391 E14CD 2400 1 PA-T1-2018-00014 391 E14CC 4700 PA-T1-2018-00014 391 E14CA 5700
KELLY VIRGINIA C TRUSTEE ET AL LOCKHART JULIE A TRUST ET AL LORING SCOTT C/HEATHER D
1000 BELLVIEW AVE 1016 CANYON PARK DR 935 BELLVIEW AVE
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2018-00014 391 E14CB 802 ! PA-T1-2018-00014 391 E14CD 1700 PA-T1-2018-00014 391 E14CB 7000
MCVEY TIM LEWIS/ANN MARIE NEISEWANDER DEBRA M POWER MARY P REV LIVING TRUST
8600 MANILA PL 1159 TOLMAN CREEK RD ET AL
DULLES, VA 20189 ASHLAND, OR 97520 1010 CANYON PARK DR
ASHLAND, OR 97520
PA-T1-2018-00014 391 E14CC 4000 PA-T1-2018-00014 391 E14CA 5600 PA-T1-2018-00014 391 E14CD 5201
ROBISON ELEANOR S TRSTE FBO SECOND AVENUE HOLDINGS LLC VAUGHN GAYLE
2321 BLACK OAK WY PO BOX 613 231 NW 73RD CT
ASHLAND, OR 97520 ASHLAND, OR 97520 NEWPORT, OR 97365
i
PA-T1-2018-00014 391 E14CC 4400 957, 961, 965 Beliview
VITTORIA SAMUEL/KELLY NOC 6/26/2018
985 BELLVIEW AVE
ASHLAND, OR 97520
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AFFIDAVIT OF FAILING
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 June 26, 2018 1 caused to be mailed, by regular mail, in a sealed
envelope with postage fully prepaid, a copy of the attached planning action notice to
each person listed on the attached mailing list at such addresses as set forth on this list
under each person's name for Planning Action #PA-T1-2018-00014, 957, 961, and 965
Bellview Ave.
i`V'
Signature of Employee
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C:IUserslsmithda.AFNHEIDesktopWFIDAVIT OF MAILING_ds.docx 6126/2018
i
WING PERMIT APPLICATION
Planning Division
C 1 0 F 51 Winburn Way, Ashland OR 97520 FILE #
ASHLAND N 541-488-5305 Fax 541-488-6006
DESCRIPTION OF PROJECT tad C t~
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 1
Name y Phone q
! J E-Mail AwV1110) C(J
Address ° M) A A'4 City S Zip l rLd
PROPERTY OWNER
Name Phone E-Mail I
Address City Zip
SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT OTHER
Title Name Phone E-Mail
Address City 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. /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. 1 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 tosupport 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 ikely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to
be rem ved at my, exps , If 1 have ny doubts, l am advised to seek competent profession 1 advice lnd assistance.
L t!
Applicant's Signature D te_
As owner of the roperty involved in this request,/ have read and understood th!Dt lete ap lication and its consequences tome as a property
ow Pro pert Owner's Signature (required) Fro be completed by City Staff)
Date Received Zoning Permit Type -Filing Fee $
OVER 0
GAcomm-dev\planning\Focros R Handouts\Zoning Pemut Application.doc
May 22, 2018
Findings:
The property owners of 957, 961, and 965 Bellview Avenue are requesting to modify one of Conditions
of Approval for the lot partitions at 957 and 961 Bellview Avenue. Our request is to change the
requirement for a 15 foot wide paved driveway, to a requirement for a 15 foot gravel driveway.
We prefer a gravel road surface for several reasons:
1) Gravel road surfaces are more permeable than paved surfaces and result is less storm runoff.
2) Gravel road surfaces absorb less heat and do not contribute to the "heat island" effect that dark
surfaces such as asphalt do.
3) Gravel road surfaces are not subject to unpleasant and potentially harmful off-gasses.
4) Many driveways along Bellview Avenue and in the neighborhood are gravel and we believe them to
be more aesthetically pleasing than asphalt paving.
Fire Chief Ralph Sartain has approved use of a gravel surface under the condition that it can support the
weight of a firetruck (please see the attached email correspondence). Soil testing inspector, Phil Oakley
of Marquess and Associates, performed a compaction test and has verified the driveway is capable of
supporting 50,000 Ibs (see attached Special Inspection Report) which exceeds the 44,0001b requirement
stated in the partitions Conditions of Approval.
The property owners of 957, 961, and 965 Bellview Avenue maintain a shared Driveway Maintenance
Agreement that requires them to maintain the driveway in good condition and capable of supporting
emergency service vehicles.
Prop ertr Owners signatures
957 Bellview Ave date Z 1
961 Bellview Ave date
965 Bellview Ave' date
Y
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to t c ,A C: EMAIL,-info' mirque'"'co!n WEB: iv.vt ,m~~~c~uts.5.am
Report Number: 1 Transmittal
Date of Observation: May 1, 2018 To: Joe Howard
S L INSPECTION REPORT
Project: 961 Belview, Ashland Oregon 97520
Observation of. Driveway compaction
Location(s): Entire driveway
Date of Report: 05/01/2018
Inspector: Philip Oakley
Personnel Contacted: Joey Howard
Weather: Clear, cool
Time: 9:15am
MAI Job No.: Pending
OBSERVATIONS
Visual inspections and roll testing for compaction were conducted on the gravel driveway at 961
Belview dr, in Ashland Oregon at the request of Joey Howard. Soil consisted of mixed
aggregates from various quarries over approximately 3 years as construction was being
performed. Many loaded concrete trucks, rock deliveries, and other traffic had compacted the
soil to its current condition. Roll testing was conducted using a fully loaded 12-yard dump truck
approximately 55,000 G.V.W. with No deflection & or pumping observed. Compacted area
passes proof roll inspections.
All work observed was, to the best of our knowledge and belief, in conformance with approved
construction Drawings and with applicable workmanship provisions of the Oregon Specialty
Code.
Copies to:
RE: f l vin
Ralph Sartain <ralph.sartain@ashland.or.us>
Tue 4/10/2018 5:14 PRA
Work
T(Y 54n eaton c;iwon@designbultdashiand corgi>;
Hello Jason,
I airs sorry it took so long for me to get back to you, it has been really crazy. My concern is the property can receive
access from the fire department in the event of an emergency. If you can meet weight, width and height
requirements for fire department access then I am ok with how you do it. If you can provide a soil compaction test
that shows you can meet the 60000 Ibs then i am OK. The only issue would be, and 1 do not know as I am still
researching and learning the way things are done in Ashland, if Planning, Land Development, Community
Development or another agency here in Ashland has a requirement for the type of surface required then I would
have to defer to their request for surface type.
Additionally, if the plans for construction will cause the residences to be more than 24 ft in height from the finished
grade to the pitch of the eave then the road would be required to meet aerial access heights and weight
requirements which are significantly more.
The requirement,- for fire access can be found in Appendix D of the 2024 Oregon Fire Code.
I hope this helps, If you have any questions or i can provide any further information, please do not hesitate in
contacting me.
Regards,
Ralph
f";9i l-CFI, 1'`,FI-CFEI
Division !et Fire and Lif._, ti
Ashland Fire Rescue
4SS Siskiyou Boulevard
Ashland, Oft 97520
raiph.sartain@ashland.or.us
Office: 542-552-2229
Fax; VA ®531.8
1 of 3 5118/2018,10:02 AM
(
City of Ashland
` Community Development Department PERMIT NUMBER
\ 51 Winburn Way PA-T1-2018-00014
\ I Ashland, OR 97520 Apply Date: 5/23/2018
\ Telephone: 541-488-5305
Inspection Line: 541-552-2080
Plan Type: Type I Planning Action
Work Class: Type I Planning Action
flap 8, Tax Lot Property Address - -
391 E14CC4501 957 Bellview Av
Owner Information Applicant Information
Owner: Jason/Kelly Eaton Applicant: Jason/Kelly Eaton
Owner 957 Bellview St Applicant 957 Bellview St
Address: Ashland, OR 97520 Address: Ashland, OR 97520
Phone: - Phone: -
Project Description
Modification to PA-2016-00578
Fees
Fee Description: Amount:
Other Type I planning review $1,046.00
Applicant: Date:
Total Fees: $1,046.00