Loading...
HomeMy WebLinkAboutFern_1135_Elkader_621_PA-2017-02269 A [ L Y i"J May 11, 2018 Notice of Final Decision On May 11, 2018, the Community Development Director approved the request for the following: Planning Action: PA-2017-02269 Subject Property: 621 Elkadcr Street (Parent Parcel was 1135 Fern Street) Applicant: Livni Family Trust, Gil Livni trustee Description: A request for a Land Partition to divide the existing property at 1135 Fern Street/621 Elkader Street to create two parcels. The application also requires an Exception to the Solar Setback to allow the house that is under construction to shade the proposed new lot more than it would be shaded by a six-foot fence constructed on the property line, and an Exception to Street Standards in order to not install city standard frontage improvements along the subject property's street fiontage. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1.7.5; ASSESSOR'S MAP: 39 lE 16AA; TAX LOT: 9000 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: 541-488-5305 51 Winburn Way Fax: 541-552-2050 I i- Ashland, Oregon 97520 TTY: 800-735-2900 ` www.ashland.orms 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 affrn, 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 18.5.1.050.13, 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 ofAppeal. 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 lI 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. i COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305 51 Winburn Way Fax: 541-552-2050 J Ashland, Oregon 97520 TTY: 800-735-2900 1 www.ashland.or.us i/', i t ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA-2017-002269 SUBJECT PROPERTY: 621 Elkader Street (Parent Parcel was 1135 Fern Street) OWNER/APPLICANT: Livni Family Trust, Gil Livni trustee DESCRIPTION: A request for a Land Partition to divide the existing property at 113 5 Fern Street/621 Elkader Street to create two parcels. The application also requires an Exception to the Solar Setback to allow the house that is under construction to shade the proposed new lot more than it would be shaded by a six-foot fence constructed on the property line, and an Exception to Street Standards in order to not install city standard frontage improvements along the subject property's street frontage. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1.7.5; ASSESSOR'S MAP: 39 lE 16AA; TAX LOT: 9000 SUBMITTAL DATE: November 30, 2017 DEEMED COMPLETE DATE: March 26, 2018 STAFF APPROVAL DATE: May 11, 2018 DEADLINE TO APPEAL (4:30 p.m.): May 23, 2018 FINAL DECISION DATE (4:30 p.m.): May 23, 2018 APPROVAL EXPIRATION DATE: November 23, 2019 DECISION Proposal Planning Action #2017-02269 requests a Land Partition to divide the existing property at 1135 Fern Street/621 Elkader Street to create two parcels. The application also requires an Exception to the Solar Setback to allow the house that is under construction to shade the proposed new lot more than it would be shaded by a six-foot fence constructed on the proposed property line, and an Exception to Street Standards in order to not install city standard frontage improvements along the subject property's street frontage. Site Description The subject property was created through Planning Action #1984-00058, which created three lots from the parent property located at 1135 Fein Street. The parent property was bounded by Elkader Street to the east, an unimproved section of Fern Street to the north, and South Mountain Avenue to the west. The subject property, now addressed as 621 Elkader Street, is roughly the eastern half of the parent 1135 Fern Street parcel and has approximately 160 linear feet of frontage on Elkader Street and 141 linear feet of frontage along an unimproved section of Fern Street right-of- way. PA-2017-02269 1135 Fern St/ds Page 1 r i I Staff 'Exhibit 1: It 5 '4,r Str,,t StjbjeCt PJ'®pelt}I ORL0, Y 2f~ ~ COt,CREX I I PROPOSED MU JRE 12 OAK KV ti .OR,1,MIY a N ~9 v - 277 ~ 24" PI !E , G ~LJ i -x'12 5 J~ Id 1 rr 1~- 2 0~ k Y Y. 7~--y X f T r ° [P,rftf€ JSPMiLi x 1 yy! p ~O 117NE J ,°0'9 n _ ~i~ '4; ClF ° tiJ o A T_ A~ 1PR' cxrsp,}s f I u I _a I t~ I I I f3 sE 21 / f. PhItCCL 3 dt - 'c 1 s44 0.I fJ l a 4v~ iI' Ewsnsi sRNE7/riY0-~Bti I ~ I OUT ~28~ Yi ~'t01' BE Rc?.fOVfO 21 I ti t t'"!~ B!fI 4l ef~ ~IC~rvT rn 5 s 1 ~ N 2 ON LI4E v 'i~r •f: I ~ ' o I ~ - r I~.7 _ r j` ^r 9.422 ` 40.76 ao 1 ORNEIY iA5'EA/EM eS7.5' ' VA WP2FR TO BENEflTP..iRCEL 1 p ~ 7~' lrrPl~ ~ ( P~~}' N~ I'~ ! SERt~c'Y ~ _ : q~q I, • ~ 1 a 17 4~ n t 3 PARCEL 4 d h. I ~fr_ v~~ i -Ar ~L 12,629S.F. ~P Tj!. 1fr~ InwusrFB 621 EItader fit.. !,'.ra;t~•a J h / J PROPERTY LnIEt.{ i/ l 1~ I ~ I` '~\i i E rsnrrc ti i 1 H r~ f0 FIR rt BR titY 2190 N The subject property is an approximately 22,481 square foot, rectangular parcel located on Elkader Street, southwest of its intersection of Elkader and Fern Streets. The subject property is zoned R- 1-7.5. The property has an approximate seven percent slope down to the north. The applicants have removed a number of larger stature trees in conjunction with developing their three existing parcels, and fiu-ther note that they removed interlocking understory canopy to reduce wildfire danger in the wildfire hazard zone. i Elkader Street, a residential neighborhood street, is paved and has curbs and gutters in place, but lacks sidewalks and parkrow planting strips along the subject property's fi•ontage. North of Fern Street, the west side of Elkader is signed as no parking from 8:00 A.M. to 4:30 P.M. on school days to limit university parking in the neighborhood. Southern Oregon University is approximately 730 feet north of the subject property, Fern Street to the north of the property is designated a residential neighborhood street as well, but Fern Street's right-of-way is currently unimproved. A private gravel driveway serving the neighboring properties to the north has been installed within the right-of-way. The application notes that these neighbors also have additional improvements installed within the right-of-way including, "yard area, paver stone patio areas, and landscaping." To obtain access from Fern Street, the applicants propose to grade a driveway within the right-of-way to the "mininnin? standards alloA,ed by the Public Works Division." In discussions with Public Works, they have indicated that a private alley level of improvement, which would minimize disturbance and hopefully avoid any further tree removal, would be an appropriate treatment. PA-2017-02269 1135 Fern St/ds Page 2 I'; I A single family residence is currently under construction on the southern portion of the subject I property. This residence consists of 2,973 square feet of living space, a 440 square foot garage, and a 250 square foot carport. An Accessory Residential Unit (ARU) to be located inside the house under construction was approved administratively in February of 2018. Background & History of Applications I Planning Actions and permits for the subject property and associated parcels include:' I a PA #1984-00058, a Minor Land Partition, created three parcels from the parent property located I' at 1135 Fern Street and bounded by Elkader Street to the east, an unimproved section of Fern Street to the north, and South Mountain Avenue to the west was approved by the Planning Commission in July of 1984. This approval included conditions of approval requiring: that the applicants sign in favor of future improvements to Fern Street or alternatively seek vacation of the Fern Street right-of-way; that due to the severe grade change on the northeasterly lot that any access from Mountain Avenue would need to be approved by the Engineering Division; and that efforts be made to retain the existing mature conifers on the site. ® PA #2016-01891, a Boundary Line Adjustment between the properties at 1135 Fern Street, 662 South Mountain Avenue and 676 South Mountain Avenue was ministerially approved in October of 2016. ® PA #2016-01890, a request for a Tree Removal Permit to remove four Ponderosa Pine trees greater than 18-inches in diameter from the vacant property at 662 South Mountain Avenue to allow for the development of a single-family residence, was approved administratively in December of 2016. ® BD-2016-02175, a building permit for an addition to the 3,330 house on the property at 1135 Fern Street was issued in December of 2016. Subsequent to the issuance of this permit and prior to February 21, 2017, the home on the property was demolished without receiving approval of the required Demolition/Relocation Review Permit. The applicants were cited for removal without a Demolition/Relocation Review Permit and failure to meet the Demolition Standards. The applicant pleaded no contest and was fined in Ashland Municipal Court. ® BD-2017-01257, a building permit for a new Single Family Residence replacing the house previously demolished at 1135 Fern Street, was issued in July 2017. ® PA #2017-00340, a request for Site Design Review approval to permit a new 814 square foot Accessory Residential Unit for the property at 676 South Mountain Avenue was administratively approved in May of 2017. The application included requests for a Tree Removal Permit to remove seven trees greater than 18-inches in diameter at breast height (d.b.h), a Solar Access Exception to allow the proposed building to cast more of a shadow on the property on the applicant's property to the north than would be cast by a six-foot fence on the north property line. As part of this approval, two of the seven trees requested to be removed were required to be retained and protected. r ® PA #2017-01719, a request for Modification to the conditions of approval of PA #2017-00340 to remove three trees from the property at 676 South Mountain Avenue was approved administratively in November of 2017. The three trees proposed to be removed were Ponderosa Pines that had been identified to be preserved and protected as part of the original Accessory Residential Unit application. The Modification request stated that the trees were in decline, infested with pine beetles, likely to die within one year, and would pose a potential hazard to persons and property. ® PA #2017-01720, a request for a Hazard Tree Removal Permit to remove a 39-inch d.b.h. PA-2017-02269 1135 Fein St/ds Page 3 4 Ponderosa Pine from the property at 1135 Fern Street, was approved administratively in November of 2017. ® PA #2017-02143, a request for a Site Design Review approval to permit a new 773-square foot Accessory Residential Unit within the new Single Family Residence under construction at 621 Elkader Street and an Exception to Street Standards in order to not install city standard frontage improvements along the subject property's street frontages was approved administratively in February of 2018. Project Impacts The first approval criterion for a land partition is that, "The facture use for urban purposes of the remainder of the tract will not be impeded." The applicants assert that the future use of the remainder of the tract will not be impeded by the proposal. The second approval criterion is that, "The development of the remainder of any adjoining land or access thereto will not be impeded." The applicants further assert that the development of any adjoin lands or access thereto will not be impeded. The third criterion for approval is that, "The partition plan conforms to applicable City-adopted neighborhood or districtplans, if any, and any previous land use approvals for the subject area." There are no city-adopted neighborhood or district plans in the vicinity, and as the applicants have developed the site they have obtained land use approvals where necessary. Applicable requirements of these approvals remain in effect. The fourth criterion is that, "The tract of land has not been partitioned for° 12 months." As noted above, the parent parcel was partitioned into three lots in 1984 and has not been partitioned since. The fifth approval criterion is that, "Proposed lots conform to the requirements of the underlying zone, per part 18.2, any applicable overlay zone requirements, per part 18.3, and any applicable development standards, per part 18.4 (e.g., parking and access, tree preservation, solar access and orientation)." The application materials explain that both proposed parcels exceed the 7,500 square foot minimum lot size for the district, and comply with the minimum 65-foot width requirement. Both lots are deeper than they are wide, and both will comply with lot coverage k allowances. The application further indicates that, other than the solar setback for which an exception is requested here, other setbacks and dimensional requirements are satisfied. The application further explains that adequate parking will be provided for the development of both parcels. The sixth approval criterion for a partition is that, "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." Here the applicants note that an existing driveway from Elkader Street is proposed to serve the new residence that is now under construction. A second curb cut along the subject properties' Elkader frontage is proposed to be removed, and driveway access taken from a shared driveway at the rear of the properties (accessed from the unimproved Fermi Street right-of-way). This driveway is proposed to be constructed in manner consistent with the requirements of AMC 18.5.3.060 and will include a 15-foot paved surface within a 20-foot clear width. PA-2017-02269 1135 Fern St/ds Page 4 The seventh approval criterion is that, "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." The application explains that water and sanitary sewer services will be provided to the parcels from the existing services in the Elkader Street right-of-way. The applicants further note than there is an eight-inch water line and a six-inch sanitary sewer line in place within the Elkader Street right-of-way, and that these are adequate to serve the property. Stormwater drainage is also proposed to be routed to Elkader Street. The applicants note that electric service will be provided as well. A condition has been included below to require that the applicants provide final utility plans for review and approval of the Planning, Building, Public Works/Engineering and Electric Department prior to the signature of the final survey plat. Elkader Street is improved with curbs and gutters in place, but it lacks sidewalks, parkrows and street trees. The applicants have requested an Exception, discussed below, not to install sidewalks on Elkader Street and to instead sign in favor of a local improvement district (LID) for future street improvements. A condition of approval has been included below to require that the applicant sign and LID agreement prior to signature of the final survey plat. The seventh approval criterion has to do with minimum street improvement standards, calling for a minimum 20-foot width access paved from the property to the nearest fully improved collector street. In this case, Elkader Street is paved to a width of 27 feet between the proposed lot frontages south of Fern Street all the way north to Ashland Street, and Ashland Street is paved to a 27-foot width all the way to South Mountain Avenue, which is a fully-improved collector street. This exceeds the minimum paved street width requirement and satisfies the criterion. The eighth approval criterion is that, "Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from the street." In this instance, there is no alley adjacent to the partition. The final criterion is that, "Required State and Federal permits, as applicable, have been obtained or can reasonably be obtained prior to development." There would typically be no required federal or state permits simply for a land partition provided that disturbance of a wetland or riparian area was not involved. However, in this instance the Public Works Department has noted that the amount of combined disturbance associated with the applicant's development of the four lots here may trigger a "1200-C" permit which is a general construction stormwater permit through the Oregon State Department of Environmental Quality (DEQ). A condition has been included to make clear that if the appropriate threshold levels are triggered, the applicant would be responsible for obtaining the required permit. Solar Access Exception Approval of a Solar Access Exception requires, "That the owner or owners of all property to be shaded sign, and record ivith the Couno Clerk on the affected properties' deed, a release form." The applicants have provided the requisite form, and a condition has been included below to require that it be recorded for the new parcel as soon as the plat is recorded. PA-2017-02269 1135 Fern St/ds Page 5 The first approval criterion for an exception is that, "The exception does not preclude the reasonable use of solar energy (i. e., passive and active solar energy systems) on the site by future habitable buildings." In response to this criterion, the applicant notes that the exception does not preclude the reasonable use of solar energy, and that the structure under construction will cast significantly less of a shadow than was cast by the previous structure that was demolished. They further note that new construction on the lot to the north will likely be a two-story structure, and that there is ample developable area on the lot beyond the shaded area. They emphasize that the location of Fear Street right-of-way directly to the north of the newly created lot will allow it to cast a shadow across the right-of-way, and with two-story construction the roof will be higher than the proposed shadow to be cast, enabling the installation of a roof-top solar energy system. The second approval criterion is that, "The exception does not diminish any substantial solar access which benefits a passive or active solar energy system used by a habitable structure on an adjacent lot." The applicants emphasize that the lot to be shaded is vacant and does not have a habitable structure in place. They further explain that the future residence can be designed to allow for passive or active solar, and that only the southernmost 22 feet of the buildable area is proposed to be shaded. The third approval criterion is that, "There are unique or unusual circumstances that apply to this site which do not typically apply elsewhere." The applicants emphasize that the building under construction is nearly five feet lower and has twice the side yard setback of the previously demolished home, and as such substantial effort has been made to reduce the impacts to the proposed lot's solar access while seeking more efficient land use on the property. Staff would note that it has been uncommon to encounter oversized lots containing existing structures that pose a solar access issue when the lots are partitioned or subdivided in trying to more efficiently use properties, and in this instance, prior to the current construction, there was a taller house located closer to the proposed lot line, and the applicants have reduced - but not completely eliminated - the solar impact on the proposed lot with the replacement structure. Exception to Street Standards Elkader Street is paved with curb and gutters in place, but that there are no sidewalks along the frontage. Fern Street's right-of-way is unimproved but for a gravel drive used by the neighbors to the north. The applicant has indicated that they are in favor of a Local Improvement District (LID) agreement, which would require their future proportional participation in an LID to complete street improvements along their frontages, in lieu of being required to install incremental improvements along their frontages. The approval of an Exception to Street Standards requires that there is a demonstrable difficulty in meeting the standards due to a unique or unusual aspect of the site or its proposed use, that the exception is the minimum necessary to alleviate the difficulty, that the exception is consistent with the purpose and intent of the Street Standards, and a demonstration that the exception will result in equal or superior transportation facilities and connectivity. With regard to Fern Street, the right-of-way is unimproved but for a gravel driveway, and contains a number of established trees. The most steeply sloped section is immediately east of South PA-2017-02269 1135 Fern St/ds Page 6 i f Mountain Avenue where the slopes are 32 percent or more. The maximum allowed grade for a city street is not to exceed 15 percent. In the 1984 partitioning of the parent parcel (PA-1984- 00058) the applicants at the time were required to sign in favor of future improvements to Fern Street through a Local Improvement District (LID) or seek vacation of its right-of-way by the City Council in lieu of making city standard street improvements, and it was noted at the time that because of the severe grade change adjacent to Mountain Avenue, any access through the Fern Street right-of-way from Mountain Avenue would need approval by the Engineering Division. In staff's assessment, the grade and trees within the Fern Street right-of-way pose difficulties which merit an Exception to the Street Standards as they did in 1984. In discussions between Planning, Public Works and Engineering, staff believes that the most appropriate improvement within the Fern Street right of way at this time would be a private alley-level of improvements which would enable functional access to the rear of the applicant's properties while minimizing the need for further disturbance within the right-of-way and avoiding any additional tree removals, including the removal of any street trees within the Fein Street right-of-way. With regard Elkader Street, there are no sidewalks in place on the west side of Elkader for the approximately 1,270-foot distance between Ashland Street and Prospect Street. Along the Elkader Street right-of-way, properties including the subject property have some steeply sloped areas immediately behind the existing curb, and there are some existing trees within and immediately adjacent to the right-of-way. Sidewalk installation would require alterations of established landscaping and the addition of retaining walls. In staff's view, given the scale of the request and constraints within the existing right-of-way, it seems appropriate that sidewalk installation be deferred in favor of a more comprehensively planned project that could look broadly at the Elkader Street corridor. A condition has been included below to require that the applicants sign-in favor of a future local improvement district (LID) where frontage improvements could be planned and completed for the corridor as a whole. Public Comments Received Subsequent to the mailing of a Notice of Complete Application, written comments were received from neighbor David Sacks who owns the property at 698 South Mountain Avenue. Mr. Sacks expresses frustration with the number of actions and notices involving this property, and notes that the complexity of the requests is confusing to the layman. Mr. Sacks questions the Solar Access Exception and whether the new owners of the property will be subject to the ramifications thereof.' He further questions the Exception to Street Standards to not install city standard frontage improvements. Mr. Sacks questions why the number of land use applications could not have been combined to allow consideration of the development of the properties involved here as a single, coordinated project. He suggests that in the name of growth a density problem is being created. He urges the city to say no to the applicant where possible. The City's General Review Procedures (Chapter 18.5. 1) provide that an applicant Ua apply at one time for all permits and approval for a project proposal (AMC 18.5.1.030 "Consolidated Review Procedures"). However, with the exception of the Physical and Environmental Constraints Overlay requirement in AMC 18.3.10.030.A that a Physical Constraints Review Permit shall be consolidated with any other planning action reviews, there is no requirement in the land use ordinance that an applicant must consolidate their applications. None of the applications here have involved Physical Constraints Review Permits. PA-2017-02269 1135 Fern St/ds Page 7 I i f f: G i With regard to the Solar Access Exception, the shadowing proposed will be recorded as being allowed on the deed of the newly created lot and future buyers of this lot will be subject to the shadow cast. The Land Use Ordinance (AMC Chapter 18) provides the option for applicants to request exceptions to the site development and design standards, to street standards, to solar access requirements, etc. In each case, there are specific approval criteria which must be addressed, decisions are noticed to surrounding property owners, and where the determination is made that an exception request satisfies the applicable criteria, there is the opportunity to appeal the decision and request a public hearing. In the case of the exceptions to street standards requested here, full city standard street improvements would require significant additional disturbance and tree removal when it is unlikely that Fern Street could ever be extended through to South Mountain Avenue, and on Elkader Street the established trees, landscaping and topography along the corridor seem to staff to merit deferring the frontage improvements until the corridor can be looked at more comprehensively. In terms of the density concerns expressed, staff would note that the two lots being created here each exceed the minimum lot sizes allowed in the R-1-7.5 zoning district, and within this zoning district, each lot is allowed to have a single family residence and, with Site Design Review approval, an accessory residential unit (ARU) as well. The number of lots being created and number of units being proposed in the applicant's development of the property are entitlements within the zoning district. Staff finds that the application with the attached conditions has sufficiently demonstrated compliance with all applicable approval criteria. The criteria for approval of a Preliminary Partition Plat are described in AMC section 18.5.3.050 as follows: A. The future use for urban purposes of the remainder of the tract will not be impeded. 8. 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 PA-2017-02269 1135 Fern St/ds Page 8 I i proposed public improvements and dedications. H. Unpaved Streets. r 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 criteria for a Solar Setback Exception are described in AMC section 18.4.8.020.C as follows: 1. Solar Setback Exception. The approval authority through a Type I review pursuant to section 18.5.1.050 may approve exceptions to the standards in 18.4.8.030 Solar Setbacks if the requirements in subsection a, below, are met and the circumstances in subsection b, PA-2017-02269 1135 Fein St/ds Page 9 below, are found to exist. a. That the owner or owners of all property to be shaded sign, and record with the County Clerk on the affected properties' deed, a release form supplied by the City containing all of the following information. i. The signatures of all owners or registered leaseholders holding an interest in the property in question. ii. A statement that the waiver applies only to the specific building or buildings to which the waiver is granted. iii. A statement that the solar access guaranteed by this section is waived for that particular structure and the City is held harmless for any damages resulting from the waiver. iv. A description and drawing of the shading which would occur. b. The approval authority finds all of the following criteria are met. i. The exception does not preclude the reasonable use of solar energy (i.e., passive and active solar energy systems) on the site by future habitable buildings. ii. The exception does not diminish any substantial solar access which benefits a passive or active solar energy system used by a habitable structure on an adjacent lot. iii. There are unique or unusual circumstances that apply to this site which do not typically apply elsewhere. The criteria for the approval of an Exception to the Street Standards are described in AMC section 18.4.6.020.B.1 as follows: a. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. b. The exception will result in equal or superior transportation facilities and connectivity considering the following factors where applicable. i. For transit facilities and related improvements, access, wait time, and ride experience. ii. For bicycle facilities, feeling of safety, quality of experience (i.e., comfort level of bicycling along the roadway), and frequency of conflicts with vehicle cross traffic. iii. For pedestrian facilities, feeling of safety, quality of experience (i.e., comfort level of walking along roadway), and ability to safety and efficiency crossing roadway. C. The exception is the minimum necessary to alleviate the difficulty. PA-2017-02269 1135 Fern St/ds Page 10 d. The exception is consistent with the Purpose and Intent of the Street Standards in subsection 18.4.6.040.A. Planning Action #2017-02269 is a request for a Land Partition to create two parcels, an Exception to the Solar Setbacks to allow the house that is under construction to shade the proposed new lot more than it would be shaded by a six-foot fence constructed on the proposed new property line, and an Exception to Street Standards in order to not install city standard frontage improvements along the subject property's street frontage. Planning Action #2017-02269 is therefore approved. The following are the conditions and they are attached to the approval. If any of the following conditions are found not to be true, then Planning Action #2017-02269 is denied: 1) That all proposals of the applicant shall be conditions of approval unless otherwise specifically modified herein. 2) That all previous land use approvals, including the previously required Tree Protection Plan, shall remain in effect. 3) With the completion of driveway installation within the Fern Street right-of-way, the existing second driveway curb cut on Elkader Street shall be removed. Any work within city rights-of-way shall be completed under permit from the Public Works Department and all required inspections shall be obtained. 4) That the applicants shall obtain a "1200-C" permit if the combined development of the four proposed lots crosses the applicable threshold. 5) That a final survey plat shall be submitted within 12 months and approved by the City of Ashland within 18 months of this approval. Prior to the signature of the survey plat: a. That all easements including any existing or proposed utility or access easements shall be indicated on the final survey plat as required by the Ashland Engineering Division. b. That a final utility plan for the parcels shall be submitted for review and approval by the Engineering Division, Building and Planning Divisions prior to signature of the final survey plat. The utility plan shall include the location of connections to all public facilities including the locations of water lines and meter sizes, fire hydrants if necessary, sanitary sewer lines, storm drain lines and electric services. C. That the electric service shall be installed underground to service the new parcel, or appropriate security provided, as required by the Ashland Electric Department prior to signature of the final survey plat. The electric service plan shall be reviewed and approved by the Ashland Electric Department, services installed and inspected, and applicable service and connection fees paid prior to signature of the final survey plat. d. That the sanitary sewer laterals and water services including connection with meters at the street shall be installed for all parcels prior to the signature of final survey plat. All work shall be completed under review and approval of the Ashland Public Works/Engineering Departments prior to signature of the final survey plat. e. That the Solar Setback Waiver approved here with the Exception to Solar Setbacks shall be recorded concurrently with the survey plat by the applicants and the original returned to the City. f. That street trees, one per 30 feet of street frontage, shall be installed on the Elkader Street frontage. All street trees shall be chosen from the adopted Street Tree List PA-2017-02269 1135 Fern St/ds Page 11 and shall be installed in accordance with the specifications noted in Section E of the Site Design and Use Standards. The street trees shall be irrigated. Street trees shall be placed in anticipation of city standard frontage improvements (i. e, centered within a seven foot park roiv planting strip placed behind the curb). g. That the property owner shall sign in favor of a local improvement district (LID) for future street improvements to Elkader Street, including but not limited to sidewalks and parkrow planting strips with irrigated street trees, storm drainage and undergrounding of utilities. Nothing in this condition is intended to prohibit an owner/developer, their successors or assigns from exercising their rights to freedom of speech and expression by orally objecting or participating in the LID hearing or to take advantage of any protection afforded any party by City ordinances and resolutions. May 11, 2018 is Harris, Planning Manager Date Department of Community Development i PA-2017-02269 1135 Fern St/ds Page 12 i AFFIDAVIT OF MAILING e 1 STATE OF OREGON ) County of Jackson c I I 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 May 11, 20181 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-2017-02269, 1135 Fern St. aka 621 Elkader St. Signature of Employee C:IUserslsmithda.AFNHEIDesktop4AFFIDAVIT OF MAILING _ds.docx 5111/2018 i PA-2017-002269 391 E16AA 8800 PA-2017-002269 391 E16AA 8700 PA-2017-002269 391 E15BB 6700 BADEN ARTHUR TRUSTEE ET AL BELSKY STEVEN P TRUSTEE ET AL BERGSTROM BRUCE C/MARY S 1120 FERN ST 609 ELKADER 705 ROCA ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 I! f. PA-2017-002269 391 E15BB 5700 PA-2017-002269 391 E16AA 9700 PA-2017-002269 391 E15BB 5600 BRYAN JERALD R TRUSTEE ET AL CHAPMAN RUSSELL K TRUSTEE ET AL CUE LYNDA S 680 ELKADER 715 ELKADER ST 1155 FERN ST f ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2017-002269 391E16AA 1600 PA-2017-002269 391E15BB 3100 PA-2017-002269 391E16AA 1700 ESPINOZA EDGARD 0/GINA H GRAF JOSEPH JR/S J COYNER GRYNICK MAIE L TRUSTEE 1098 PLEASANT WAY 1160 FERN ST 3526 DARRELL DR ASHLAND, OR 97520 ASHLAND, OR 97520 MEDFORD, OR 97501 PA-2017-002269 391El5BB 5900 PA-2017-002269 391E16AA 8900 PA-2017-002269 391E16AA 9300 HINGER DEREK HOPPE WOLFGANG TRUSTEE ET AL HOYEM SHAUN/AMBER PO BOX 3186 1116 FERN ST 625 ELKADER ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2017-002269 391 E16AA 9200 PA-2017-002269 391 E16AA 8500 PA-2017-002269 391 E16AA 9002 JENSEN MELISSA ET AL KEEVIL JEAN ANN/THOMAS ALAN LIVNI FAMILY TRUST ET AL 690 S MOUNTAIN AVE 600 FOREST ST 2532 OLD MILL WAY ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2017-002269 391 E16AA 2000 PA-2017-002269 391 E16AA 9400 PA-2017-002269 391 E16AA 9500 MARKLE WALTER G/DONNA M MCDONALD PAUL DOUGLAS/CARRIE SACKS DAVID A TRUSTEE ET AL 681 S MOUNTAIN 635 ELKADER ST 698 S MOUNTAIN AVE ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2017-002269 391 E15BB 6600 PA-2017-002269 391 E16AA 900 PA-2017-002269 391 E15BB 1700 SCHAAL BARBARA NATASHA TRUSTEE STACEY JEFFREY W UHTOFF KATHERINE J TRUSTEE ET AL ET AL 625 MOUNTAIN AVE S 633 ROCA ST 679 ROCA ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2017-002269 391El5BB 6500 PA-2017-002269 391E15BB 5800 PA-2017-002269 WHITENER VIRGINIA LOUISE ZASLOW DAVID B/DEBRA GORDON LIVNI FAMILY TRUST GIL LIVNI TRUSTEE 693 ROCA ST 692 ELKADER ST 453 TUCKER ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2017-002269 PA-2017-002269 POLARIS LAND SURVEYING ROGUE PLANNING & DEVELOPMENT EMAILED DAVID SACKS PO BOX 459 AMY GUNTER SACKS.D@GMAIL.COM ASHLAND, OR 97520 1424 S IVY ST ASHLAND, OR 97501 May 11, 2018 1135 Fern NOD 26 mailed 1 emailed I" 4/9/2018 Mar- ig action 2017-02269 - Subject property 1135 Fern Street (aka 621 Elkac'er Street) Planning action 2017®02269 - Subject property 1135 Fern Street (aka 621 Ikader Street)_ Reply all I v Delete Junk I v David Sacks <sacks.d@gmail.com> Reply all v Yesterday, 10:10 PM Fotini Kaufman v Inbox Action Items The Notices of Application that we receive re: the aforementioned property, at least three or four in number, are confusing for the layman. They are full of words like Solar Setback, Street Standards, Exceptions and Particular numbered Codes. I understand that most of it is necessary, however makes it very difficult to draft an intelligent response. This is my best attempt to comment about that which I know very little. This developer and his well informed staff appear to be effectively manipulating their way through an outdated system or the loopholes within it. On a regular, maybe strategically executed basis he requests some exception or variance. It seems as thought what he asks for and in what order is well planned and at times even made decisions knowing them to be a fineable offenses, making them anyway because they were to his advantage. It's curious that he is building a house to the far south side of the property which leaves enough room to the north so he could request a partition. Why weren't these requests made earlier? The same could be said for the removal of trees and the residual units. In the name of growth we are creating a density problem. It appears that since he owns all the lots makes it easy for him to get by the Exception to Solar Setback described in the DESCRIPTION potion of the NOTICE? Are the new owners subject to the ramifications of the approval of his request? An Exception to Street Standards in order to not install city standard frontage improvements along the subject property's street frontage. Where does it stop? All in the name of profit/growth? We trust the city to help install a sense of safety and protect it's residence from land developers who are abusing the system in the naive of profit. Please. You know this developer. A Very accurate and well written article came out in one of our local papers a few months. ago. Say NO where you can. II, I" C' https://outlook.offiice365.com/owa/projection.aspx 1 /2 Planning Department, 51 Winbuln Way, Ashland, Oregon 97520 I 541-488-5305 Fax: 541-552-2050 www,ashland.or.us TTY: 1-800-735-2900 NOTICE OF APPLICATION PLANNING ACTION: 2017-02269 SUBJECT PROPERTY: 1135 Fern Street (aka 621 Elkader Street) OWNER/APPLICANT: Livni Family Trust, Gil Livni trustee DESCRIPTION: A request for a Land Partition to divide the existing property at 1135 Fern Street/621 Elkader Street to create two parcels. The application also requires an Exception to the Solar Setback to allow the house that is under construction to shade the proposed new lot more than it would be shaded by a six-foot fence constructed on the property line, and an Exception to Street Standards in order to not install city standard frontage improvements along the subject property's street frontage. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1.7.5; ASSESSOR'S MAP: 39 1 E 16AA; TAX LOT: 9000 NOTICE OF COMPLETE APPLICATION: March 26, 2018 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: April 9, 2018 PLEASANT WY LL j - - 3 FERNIST -~PA #2017-02269 1621 ELKADER ST/1136 FERN ST SUBJECT PROPERTY L ~777 Of ; MI Q `l G-a i - U Q _J LU ~ z 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. Documentl I r i 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). E; 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 i" 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, "EXCEPTION TO SOLAR SETBACKS" CRITERIA FROM THE UNIFIED LAND USE ORDINANCE 18.4.8.020.0 Approval Criteria C. Exceptions and Variances. Requests to depart from section 18.4.8.030 Solar Setbacks are subject to 18.4.8.020.C.1 Exception to the Solar Setback, below, Deviations from the standards in section 18,4.8.050 Solar Orientation Standards are subject to subsection 18.5.2.050.E Exception to the Site Development and Design Standards. 1. Solar Setback Exception. The approval authority through a Type I review pursuant to section 18,5.1.050 may approve exceptions to the standards in 18.4.8.030 Solar Setbacks if the requirements in subsection a, below, are met and the circumstances in subsection b, below, are found to exist. a. That the owner or owners of all property to be shaded sign, and record with the County Clerk on the affected properties' deed, a release form supplied by the City containing all of the following information. I. The signatures of all owners or registered leaseholders holding an interest in the property in question. ii. A statement that the waiver applies only to the specific building or buildings to which the waiver is granted, iii. A statement that the solar access guaranteed by this section is waived for that particular structure and the City is held harmless for any damages resulting from the waiver. iv. A description and drawing of the shading which would occur. b. The approval authority finds all of the following criteria are met. I. The exception does not preclude the reasonable use of solar energy (i.e., passive and active solar energy systems) on the site by future habitable buildings. ii. The exception does not diminish any substantial solar access which benefits a passive or active solar energy system used by a habitable structure on an adjacent lot. iii. There are unique or unusual circumstances that apply to this site which do not typically apply elsewhere, I Document] i? EXCEPTION TO STREET STANDARDS 18.4.6.020.D.1 Exception to the Street Design Standards. The approval authority may approve exceptions to the standards section in 18.4.6.040 Street Design Standards if all of the following circumstances are found to exist. a. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. b. The exception will result in equal or superior transportation facilities and connectivity considering the following factors where applicable, i. For transit facilities and related improvements, access, wait time, and ride experience. ii. For bicycle facilities, feeling of safety, quality of experience (i.e., comfort level of bicycling along the roadway), and frequency of conflicts with vehicle cross traffic. iii. For pedestrian facilities, feeling of safety, quality of experience (i.e., comfort level of walking along roadway), and ability to safety and efficiency crossing roadway. c. The exception is the minimum necessary to alleviate the difficulty. d. The exception is consistent'with the Purpose and Intent of the Street Standards in subsection 18.4.6.040.A. I i' t, Document l I i 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 March 26, 20181 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 #2017-02269, NOC 1135 Fern. Signature of Employee Documend 312612018 j ~Easy Peel-Address Labels ; U0 to avert'core/templates ; i Bend along line to expose Pop-up Edge"' i Use Avery Template 5160 1 PA-2017-02269 391E16AA 8800 PA-2017-02269 391E16AA 8700 PA-2017-02269 391E15BB 6700 BADEN ARTHUR TRUSTEE ET AL BELSKY STEVEN P TRUSTEE ET AL BERGSTROM BRUCE C/MARY S i 1120 FERN ST 609 ELKADER 705 ROCA ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2017-02269 391E15BB 5700 PA-2017-02269 391E16AA 9700 PA-2017-02269 391E15BB 5600 BRYAN JERALD R TRUSTEE ET AL CHAPMAN RUSSELL K TRUSTEE ET AL CUE LYNDA S 680 ELKADER 1 715 ELKADER ST 1155 FERN ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2017-02269 391E16AA 1600 PA-2017-02269 391E15BB 3100 PA-2017-02269 391E16AA 1700 ESPINOZA EDGARD 0/GINA H GRAF JOSEPH JR/S J COYNER GRYNICK MAIE L TRUSTEE 1098 PLEASANT WAY 1160 FERN ST 3526 DARRELL DR ASHLAND, OR 97520 ASHLAND, OR 97520 MEDFORD, OR 97501 PA-2017-02269 391E15BB 5900 PA-2017-02269 391E16AA 8900 PA-2017-02269 391E16AA 9300 HINGER DEREK HOPPE WOLFGANG TRUSTEE ET AL HOYEM SHAUN/AMBER PO BOX 3186 1116 FERN ST 625 ELKADER ST ASHLAND, OR 97520 j ASHLAND, OR 97520 ASHLAND, OR 97520 i PA-2017-02269 391E16AA 9200 1 PA-2017-02269 391E16AA 8500 PA-2017-02269 391E16AA 9000 j JENSEN MELISSA ET AL KEEVIL JEAN ANN/THOMAS ALAN LIVNI FAMILY TRUST ET AL 690 S MOUNTAIN AVE 600 FOREST ST 453 TUCKER STREET ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 E' PA-2017-02269 391E16AA 2000 PA-2017-02269 391E16AA 9400 PA-2017-02269 391E16AA 9500 MARKLE WALTER G/DONNA M MCDONALD CARRIE J SACKS DAVID A TRUSTEE ET AL 681 S MOUNTAIN 635 ELKADER ST 698 S MOUNTAIN AVE ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2017-02269 391E15BB 6600 PA-2017-02269 391E16AA 900 PA-2017-02269 391E15BB 1700 SCHAAL BARBARA NATASHA TRUSTEE ET STACEY JEFFREY W UHTOFF KATHERINEJ TRUSTEE ET AL 679 ROCA ST 625 MOUNTAIN AVE S 633 ROCA ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 ~ j PA-2017-02269 391E15BB 6500 PA-2017-02269 391E15BB 5800 PA-2017-02269 POLARIS LAND SURVEYING, INC WHITENER VIRGINIA LOUISE ZASLOW DAVID B/DEBRA GORDON P .O. BOX 459 693 ROCA ST 692 ELKADER ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2017-02269 ROGUE PLANNING & DEVELOPMENT AMY GUNTER 1424 IVY STREET ASHLAND, OR 97520 i i ttiquettes d'adresse Easy Peel' Allez 6 avery.ca/gabarits Pat:averyeom/paterrts i'' Repllez6lahachure afinderdvdlerlerebordPop-up' it UtilisezleGabaritAvery 51601 i ~ I I; E- rh'il6 ~'A!'id €S~xiaYC 4,200 P i ' ttf j { A a 11 r HIM E:, ROGUE PLANNING G DEVELOPMENT SERVICES, LLC Mulnop Land Partition 621 Elkader Street Minor Land Partition Subject Property Property Address: 621 Elkader Street Map and Tax Lot: 39 1E 16AA: Tax Lot 9000 Comprehensive Plan Designation: Single Family Residential Zoning: R-1-7.5 Adjacent Zones: R-1-7.5 Lot Area: 22,481 square feet Property Owner: Livni Family Trust Gil Livni Trustee 453 Tucker Street Ashland, OR 97520 Applicant: Livni Family Trust Gil Livni Trustee 453 Tucker Street Ashland, OR 97520 Surveyor: Polaris Land Surveying, Inc. PO Box 459 Ashland, OR 97520 Planning Consultant: Rogue Planning & Development Services Amy Gunter 1424 S Ivy Street Ashland, OR 97501 Page 1 of 11 Request: Request for minor land partition approval to divide the parcel at 621 Elkader Street (formerly 1135 Fern Street) into two separate parcels. Property Description: The property is at the southwest intersection of Elkader and Fern Streets. The property was originally part of lots 28 and 29 of the Galey Addition from 1907. In 1984, the subject lot in its current configuration was created as part of a three-lot partition (PA 84-029). The subject property and the surrounding properties are all zoned Single Family Residential (R-1-7.5). The property (Parcel #3) proposed for division and is 22,481 square feet in area. (This is due to the approved property line adjustment (PLA) that reduced the presently recorded lot area and dimensions. The PLA was approved between 1135 Fern and the two adjacent properties that front on South Mountain Avenue was approved in 2016 (PA2016-01891). The survey reflecting the approval has not been recorded. The PLA and partition survey would be recorded simultaneously. The property slopes between seven to ten percent from south to north. The slope of the parcels, 150- feet to the north for the purposes of the solar setback ordinance is seven percent. Elkader is improved with pavement, curb and gutter. There are no sidewalks along Elkader Street frontage. Fern Street is an un-improved right-of-way to the North of the vacant parcel to the north of the (TL#9000) subject property. The two properties to the north of the Fern Street right-of-way both take access via a gravel driveway that is located on the southern half of the ROW, each lot has a driveway connection to the gravel surface within Fern Street ROW. The two properties have additional improvements in the ROW such as yard area, paver stone patio areas, and landscaping. To obtain driveway access from Fern, the right-of-way will be improved to the Shared Street Standards, or the minimum standards allowed by the City of Ashland Public Works Division. Ideally, the improvements will be centered within the right- of-way. Proposal: The request is to divide the property at 621 Elkader (formerly 1135 Fern Street) into two parcels. The subject property is part of a previous lot line adjustment approval. That application prescribed the parcel numbers. Parcels #1 and #2 though on the same survey, are not part of the land division proposal within this application. Proposed Parcel #3 would be vacant. A single-family residence is under construction on Parcel #4. The proposed dimensions, areas, lot coverages, setbacks, access, parking, and tree protection for Parcel #3 and Parcel #4 comply with the standards for the R-1-7.5 zone. Page 2 of 11 Both parcels will exceed the minimum lot area of 7,500 square feet. Parcel #3 is proposed to be 11,218.2 square feet and Parcel #4 is proposed to be 11,260 square feet in area. The proposed parcels comply with minimum lot width of 65-feet. Parcel #3 is 79.72-feet wide and Parcel #4 is proposed to be 80-feet wide. The proposed lots are both deeper than they are wide, each lot is 140.72 feet deep. The residence at 621 Elkader (Parcel #4) and associated site improvements account for less than 45 percent coverage. Excepting the solar setback, all other setbacks are met with the proposed partition. For the purposes of the solar setback ordinance, Parcel #3 has a nine percent slope downhill to the north. With the 60-foot wide Fern Street ROW to the north ample area for compliance with the solar setback ordinance is provided for upon the parcel. Parcel #4 has an average slope of seven percent. The construction of the residence on Parcel #4 has commenced. The Parcel #4 complied with solar setback standards at the time and of permit issuance. The proposed parcel has an N/S lot dimension of 89.72 feet and leaves 70-feet for frontage of Parcel #3. Parcel #4 has an approximatly seven and one half (7.63) percent slope downhill to the north. The structure on the property has a 22.16 feet shade producing point and casts a shadow greater than allowed by code upon a portion of the property to the north. A solar setback waiver has been requested. The development on Parcel #4 provides adequate parking for the single-family residence, and the accessory residential unit. Parcel #3 will have vehicular access provided at the rear of the property accessed via the shared driveway between Parcels #1 and #2 that is accessed from Fern Street. There is a large Deodar Cedar tree along the north property line adjacent to the Fern Street ROW. This tree has a recommended tree protection zone of 25-foot radi. The tree protection zone fencing is established on site. This fencing will be maintained throughout construction. There is adequate buildable area provided on the remaining area of Parcel #3 to comply with all setbacks in the zone. The survey plat for this previously approved property line adjustment will be recorded simultaneously as the proposed expedited land division, on the same survey. Due to how the parcel areas were assigned in PA84-029, the proposed partition of existing Parcel #3 becomes Parcel #4. Findings addressing the criteria from the Ashland Municipal Code can be found on the following pages. Attachments: A) Vicinity map B) Preliminary Partition Map Page 3 of 11 Ashland Municipal Code 18.5.3.050 Preliminary Partition Plat Criteria A. The future use for urban purposes of the remainder of the tract will not be impeded. The future use of the remainder of the tract as single family residential uses will not be impeded by the proposal. P. The development of the remainder of any adjoining land or access thereto will not be impeded. The development of the remainder of any adjoining land or access to adjacent residential lands will not be impeded by the proposal. 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. There are no City adopted neighborhood or district plans. To the applicant's knowledge, there are not previous approvals for the subject properties that would prevent the proposed partition. D. The tract of land has not been partitioned for 12 months. The tract of land has not been partitioned for the past 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). Both parcels will exceed the minimum lot area of 7,500 square feet. Parcel #3 is proposed to be 11,218.2 square feet and Parcel #4 is proposed to be 11,260 square feet in area. The proposed parcels comply with minimum lot width of 65 feet. Parcel #3 is 79.72 feet wide and Parcel #4 is proposed to be 80 feet wide. The proposed lots are both deeper than they are wide, each lot is 140.72 feet deep. The residence on Parcel #4 and site improvements account for less than 45 percent coverage. Excepting the solar setback, lot dimensions, area, and property line setbacks are met. The construction plans call for approximatly 4,500 square feet of coverage areas or 40 percent coverage. Parcel #3 has the 60 foot wide Fern Street ROW to the north. With the ROW exempt from the solar setback ordinance and with the minimum ten foot side yard setback abutting the ROW, ample width for compliance with the solar setback ordinance is provided. Minimum lot width in the zone is 65 feet. Parcel #3 has an average slope of nine percent. Page 4 of 11 The construction of the residence on Parcel #4 has commenced. The Parcel #4 complied with solar setback standards at the time of permit issuance. The proposed parcel has an NIS lot dimension of RO feet and leaves 79.72 feet for frontage of Parcel #3. Parcel #4 has on approximatly 7.63 percent slope downhill to the north. The structure on the property has a 22.16 feet tall shade producing point and requires a greater setback than provided with the partition. A solar setback waiver has been requested, The development on Parcel #4 provides adequate parking for the single-family residence, and the accessory residential unit, Parcel #3 will have vehicular access provided at the rear of the property accessed via the shared driveway between Parcels #1 and #2 that is accessed via the Fern Street ROW. There is a large Deodar Cedar tree along the north property line adjacent to the Fern Street ROW. This tree has a recommended tree protection zone of 25 foot radi. The tree protection zone fencing is established on site, This fencing will be maintained throughout construction. There is adequate buildable area provided on the remaining area of Parcel #3 to comply with all setbacks in the zone. The property is within Wildfire Hazards Overlay. See findings below. is 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. The exiting driveway accessing the new construction on Parcel #4 will be utilized on the site. The driveway will be less than 25 feet wide and will not occupy more than 25 percent of the front yard area. There is a second driveway curbcut along the frontage of Parcel #3 from Elkader Street. This will be removed, and the vehicular access will be taken from the shared driveway at the rear of the property. The shared driveway has a 15 foot easement and will be improved with 15 feet of pavement. The AMC defines the driveway as: The area thatprovides vehicular access to a site from a street or the area that provides vehicular circulation on a site. - Drive, Flag A driveway that serves a single lot or parcel and is greater than 50 feet in length, or provides vehicular access to a flag lot(s). See also, section 18, 5.3,060 Additional Preliminary Flag Lot Partition Plat Criteria. - Driveway, Shared A driveway used to access two or more lots or parcels. The parcels are proposed to be accessed by a shared driveway. Each lot accessed via the shared driveway has frontage on an improved public street that provides for emergency vehicle, visitor and guest parking. The proposed lot configuration does not meet the definition of a flag lot. The driveway is more than 50 feet in length and will be paved to 15 feet in width which meets the width and design standards for paved access. The driveway grade will not exceed 15 percent. The pavement will be installed in a manner that does not allow for the surface waters to drain across any public right-of-way or adjacent properties. Page 5 of 11 On the properties within the development area that have access to the shared drive, there are not more than seven parking spaces. The lots are not flag lots from the definition of a flag lot. The shared driveway has been designed in accordance with the design standards of 13.5.3.060. A variance request to not improve Fern Street to 20 feet of improved width is requested in the application. 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. The water and sanitary sewer service will be provided from Elkader Street to the parcels. There is an eight-inch water line and a six-inch sanitary sewer line within Elkader Street. This is adequate to service the parcels. Electric service will be per the electric distribution plan. The storm sewer services will also be routed towards Elkader Street. Elkader Street is improved with curb, gutter but no sidewalk, an Exception to not install sidewalks, to sign in favor of an LID has been proposed. i 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. A variance to this section is requested. Fern Street is an unimproved, 60 foot wide public right-of-way along the frontage of the subject property. The street is improved with less than 20 feet of width. The street could be graded to 20 feet wide to the nearest improved collector street, Elkader Street. To grade Fern Street to 20 feet wide will require the removal of two 12-inch DBH Oak trees and the removal of a 30-inch Pine tree. This will also have a negative impact upon a 22-inch DBH Spruce. These trees are within the public right-of-way for Fern Street and the removal of the trees would be necessary to allow for the development of the property in accordance with other criteria regarding access from shared access easement for minor land partitions, specifically, the standard requiring access for new lots created via partition to be accessed via a shared access easement if one present. Page 6 of 11 i At the rear of the subject property, a shared access easement is provided to the two parcels that front on South Mountain Avenue to the west and southwest of the subject property. When the parcels were created in 1984, access from Fern Street was required for Parcel #2. Elkader Street along the frontage of the property is improved with pavement, curb and gutter. An exception to not install city street improvements on Elkader Street has been requested. In accordance with AMC 18.4.6.030.8. a waiver of the right to refuse the costs associated with Elkader Street improvements for a Local Improvement District (LID) will be provided upon request of the city. 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. With the unique lot configuration of the parcels adjacent to the unimproved section of Fern Street in that each lot that abuts Fern Street also directly abuts an improved public right-of-way, a variance to not widen Fern Street to 20 feet graded with is requested. b. The centerline grade on any portion of the unpaved street does not exceed ten percent. The centerline grade is not more than ten percent and will not be more than ten percent. i 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. The final elevation will be established in accord with the Public Works Director's specifications. 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. Page 7 of 11 The property owner seeks to participate in the costs of a future local improvement district to cover the future street improvements for improvements to Elkader Street to City standards and the improvement of Fern Street to city standards. 1. Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from the street. No alley exists adjacent to the partition. J. Required State and Federal permits, as applicable, have been obtained or can reasonably be obtained prior to development. No state or federal permits are required. K. A partition plat containing one or more flag lots shall additionally meet the criteria in section 18.5.3.060. No flag lots area proposed as part of the partition. AMC 18.4.8.020 Solar Setback Exception C. Exceptions and Variances. Requests to depart from section 18.4.8.030 Solar Setbacks are subject to 18.4.8.020.C.I Exception to the Solar Setback, below. 1. Solar Setback Exception. The approval authority through a Type I review pursuant to section 18.5.1.050 may approve exceptions to the standards in 18.4.8.030 Solar Setbacks if the requirements in subsection a, below, are met and the circumstances in subsection b, below, are found to exist. b. The approval authority finds all of the following criteria are met. i. The exception does not preclude the reasonable use of solar energy (i.e., passive and active solar energy systems) on the site by future habitable buildings. The exception does not preclude the reasonable use of solar energy. The structure under construction is substantially more compliant than the previous structure. New construction on the property to the north will likely be two story structure. There is ample developable area as shown on the site plan that is outside of the area of the most substantial shadow. Also, the Fern Street right-of-way which allows for a substantial shadow to be cast across the right-of-way. With two story construction, the roof of the structure would be higher than the shadow cast by the residence on proposed Parcel #4, i' E r Page 8 of 11 this would allow for the installation of active solar energy system on the roof of the structure on proposed Parcel #3. ii. The exception does not diminish any substantial solar access which benefits a passive or active solar energy system used by a habitable structure on an adjacent lot. The exception does not diminish any solar access which benefits a passive or active solar energy system on proposed Parcel #3 because the lot is vacant and there is not a habitable structure on proposed Parcel #3. The future residence can be designed in a manner that allows for passive or active solar. The solar setback exception will not prevent more than the first 22 feet of the builable area from having access to passive solar on the south side of the structure. iii. There are unique or unusual circumstances that apply to this site which do not typically apply elsewhere. There are unique and unusual circumstances that apply to the site as the replacement residence on proposed Parcel #3 is largely constructed (all exterior, structural construction is completed). This structure is nearly five feet lower in height and has twice the side yard setback from the north property line as the previous residence provided, had the structure been retained. When the property was purchased, there was a house in existence that also could not meet the solar setback. That house was structurally deficient and was removed. The new house is substantially lower in overall height and has a significantly larger setback, and the shading resulting from trying to achieve more efficient land use was outside the control of the applicant. The proposed lot width of Parcel #4 exceeds the minimum lot width in the zone by more than 37 percent. The replacement residence is 20 percent lower in height and the setback is 70 percent more than the minimum setback required by the code. Substantial efforts have been made to demonstrate compliance with the solar setbacks, AMC 18.5.5.050. Variance 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 variance is necessary to protect the natural features consisting of three trees all greater than 12- inches DBH that are within the Fern Street right-of-way. The AMC requires that when partitions take access from an unimproved street, that street must be improved to 20 feet of compacted gravel surface Page 9 of 11 (or similar surface) and approved by the Public Works Director. The parcels that are taking vehicular access from Fern Street all have frontage upon another improved public right-of-way, this unique lot layout allows for shared access to the residences, similar to an alley while each lot has street frontage in the event of an emergency, visitor and guest parking from the improved public right-of-way. The unimproved width of Fern Street accessing more than one property without 20 feet of clear width is a pre-existing, non-conforming situation. Both properties to the north are accessed via Fern Street. Additionally, the properties have some encroachments in tot eh Fern Street right-of-way, the retention of the existing improved width allows the encroachments to not be impacted by the proposed development. 2. The variance is the minimum necessary to address the special or unique physical circumstances related to the subject site. The variance to not grade Fern Street to 20 feet of cut and filled, graded surface to preserve the established trees is the minimum necessary to address the preservation of the trees. This also allows the neighboring properties encroachments to remain. 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 benefits of the proposal extend to the adjacent properties and to the natural environment which outweighs the impacts of retaining Fern Street as is. 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 variance request is to preserve trees within the right-of-way, off of the property and to retain a pre- existing non-conforming street width. The variance request is not a result of a property line adjustment or previous land division. The request is from the changes to the partition chapter that require removal of curbcuts and requires access from shared driveways or alleys not improved streets. The other option would be a variance request to provide vehicular access to the site via Elkader Street and not via the shared access driveway along the rear property line. This would preserve the trees but would have a negative impact on the overall streetscope of Elkader Street. Page 10 of 11 i r{ !a:72 X131 70, 5~°0 8100 82;x} GO1 23011 21f-0 09011 a3 'j 2101 700 101 too eko 20;x0 1200 11t4 1000 6100 10~~ 8'~u"t7 1. 6000 310 1700 1 1300 1400 1500 1€:00 01 140.3 1100 1900 2(m 910;1 y J 5700 G 08170 21011 0200 9900 5807 550 11 9500 220#) 2300 51100 6401 61%01) 9700 105 2304 7 6m 0300 2301 lat" 9-4jo 3800 2101 ?702 0100 6204] 72 7407 7302 1" 1000 1401 t300 1203 101 340Y0 1204 3407 NO r 3A01 7710 65,00 1700 1203 k 1 Fm G4M 6300 A 321kb 1205 2sVA Page 11 of 11 PRELIMINAR A TITI J PROPERTY ADJUSTMENT A LOCATEDAT 30' 30' 1135 Fern Street rL 8soo TL 8800 Wm Ashland, Oregon LYING SATIATE WIIIIEI ASPHALT h NORTHEAST QUARTER OF SECTION 16 DRlVEWI{ Y CONCRETE _ TOWNSHIP 39 SOUTH, RANGE I EAST, WILLAMETTEA4E'RIDL4N 30' DRIVEWAY CITY OF ASHLAND, JACKSON COUNTY, OREGON PROPOSED FUTURE 22" SPRUC FOR 1 C, DRIVEWAY ' 21 ~ - _ 12" OAK i 26" PINE ~ 5 0 )3 0 38' 1NE 217 Mag-n®lra Investments LLC E -R G',_ S T R E 12~' OA 2532 Old Mill Way x -x~---~-x~x- _ OR4uE~ SPHALT Ashland, Oregon 97520 b J1 0 PINE -z 4, WATER o M,0 0,~ PINE - 30"PINE LEGEND 24"' . OHP P SUBJECTPROPERTYLINE 0 PROPOSED PARTJTIONOR ADJUSTED LINE Pi BOUNDARYLINE W G , 46' FIR ~2J ~ EXlS 1N - CENTERLINE °a ( PROPERYI l NEI ~ M -x-x-X- FENCELINE N N ! PA I. 2 PARCEL 3 J 0 WATER LINE E \ SANITARY SEWER LINE 7,9 34 SQ~FT, ' _11220 S.-F. _ CL X1ST1N0 DRIVEWAY 2 SD STORMDRAINLTNE 26P TO BE REMOVED o g D1?lVEW4Y1EASEMENT TO 218 C/I oHP OVERHEAD PO WER & PHONE LINE W BENEFIT PARCEy S 1 & 2' 0 PP POWER POLE 75i '75~ - % WV WATER VALVE a SANITARY SEWERMANHOLE v 99 DU' S 8,9'422J" E - 140.76= • .i , - FH FIRE HYDRANT . PARTITION LINE PROPOSED i i EyISTINd WATER & SEWER O WM WATER METER ~2> 7.5' DRIVEWAY EASEMENT Q Z PROPERTY LINE SERVICES 0 36 PINE TO BENEFIT PARCEL 1 Fil TELEPHONE /TV PEDESTAL 2 CLcf) Q k PARCEL 4o PAR(~EL 1 Q ,797 Q 11,261 S.F. a-f ®P REGISTERED a ADJUSTED 60 PROFESSIONAL PROPERTY LINE W LAND S URVE' o m h 1 °o EkISTING 1-4 z /N N FIR DRIVEWAY V o ! 1 o 8212 ~7„4 ' ;;i 89.58' c X5122 OREGON JULY 14, 1998 X100 YYY SHAWN KAMPMANN ® 2883 LS SCALE: f" 40' RENEWAL DATE: 6/30/2019 0 0 ~ ~ i TL 9100 TL 9300 SURVEYED BY: POLARIS LAND SURVEYING LLC P.O. BOX 459 ASHLAND, OREGON 97520 J01 0 30' 30' (541) 452-5009 v ~ I DATE: FEBRUARY 12, 2018 Assessor's Map No. 39 lE 16 AA, Tax Lots 9000, 9001 & 9002 PROJECT NO. 1032-16 POLARIS ND L 1°i d L6 21 79.9' T~. - - - - - - - - - - S 09°42'23" E-- 140.72' - - - - - - - - - - - -zles.e' MVEWAYEASEMENP I 1. T-0- I I ~ _ _ _ _ _ _ _ _ _ _ _ _ _ 6'SIDEYARD SETBACK II Ii IAU,'NOL1A N 0L 11OL1'1$N LL Gil Livni 2532 Old Mill Way Ashland, OR 97520 (510)913-5110 \ fW'PROPERTY LINE TOOL RO.W. III IT N R 3,5'PRdPERTYLINE i CURE ® \ \ \ C0 L L E CT 10N I \ \ \ MI NSENUhBER itOBA' \ vmyn I (1I rsisn~mlu~ h I n \ \ \ \ ~wnm icul ~ ~ \ ~ ~ I PROPOSED PARTITION .w,~„ '~~K~ - Existing Property Area: 22,481 SF Proposed Parcel #3: 11,218.2 SF, - ` ( Proposed Parcel #4: 11,257.6 SF v v ~1 v 621 ELKADER o - (Parcel #4) - ~ 1 I I Property Area: 11,257.6 SF1 - ' i I 24''-0" 2179' Building Footprint 2,880 SF~ 1 I, Porches / Patios: 630 SF , _ (Shed (E): 425 SFk - - - - - - \ Driveway & Walkways: 900 SF r Total: 4,835 SF 4845 / 11257.6 =.429 (42.9 % Coverage)] gdFroot Design 2180' Patrick May ~~---~-140,76' h 11 t 1 13497 Portland Rd NE Woodburn, OR 97071 - - - - - - - - - - - - - - - - - - - - - - - - - - -~-r y-- - - 1 t _ IU I L DER T. j - 21~'' HOME - - a a I C -e -_i 621 ELKADER STREET ASHLAND, OR 97520 1 I ~0 A I v 3 1` I LL 2162' ' N ~ I\ E I 11 W , / I / / I{ \ \ \ LL I Y/ 1 , , _ A L ~ I I n l i i PORCH v I Lu z 4 ~ , 21BS' ~ ~ I a a i - CD r 00 \ I a GARAGE 'I. - \ ro II I Ilo I \ PATIO ~JEWDRIVEWAY 'W, I I v I 1 v EO 2184' - v LO \ " I II ~ I I ~ r I C)l L / I l v LL I I I I ~ I 1 1 , I j 1 11 I PATIO IS N DATE: 2113118v II I I I I ~ ~ ( I' I I \ I / I 1 \ \ / / I 2185' i 1 I I 1 A o ~ I A ~ / I I V v f. a - - - - PATIO 218' SHEET TITLE a - SITE PLAN a I (E) STRUCTURE PORCH 21$71 v o 1 Iv I I I 2188 ~v W SIDE YAf?D SETBACK r - v v V / v 1 x 211' ~}-2182' 213' 2184' 2186' 206' 91A7" - ' ' c s j_ _ r \ - - - 21e75 - - m T218i.9 - - - - - - 1 LANf~SCAPE,PLAN - Y- s 8s°50'70" E • I140.70' ~ - ' I j A-3a SCALE:i/8- = ,'-0" J] lm 0 4' 11 ifi' - 2t7ss' S 09642'23" E -140.72' - - - - - - - 2182.5 I I - _ _ _ _ _ _ _ _ _ _ _ _ _ _ 6' SIDE YARD SETBACK _ - SUGAR PINES® NEIGHBORING PROPERTY I I 'I (PROTECTTREE PER AMC MA) PROTECTION NOT REQUIRED DUE TO PROXIMITY I i 11~ , I LI , EXISTING CESAR \ Ji.'~ I 111 (PROTECTTREE PER AMC I8A) S' CHAINLINKAT DRIP LINE ON \L4(~1~U1.IA 1~iI1'L Ht)N11;J LI.1 GRADE. NO EXCAVATION WIO CONSENT OFAR13ORIST Gil L(V111 2532 Old Mill Way Ashland, OR 97520 \ Is I M913-5110 \ ETOYl1NC.LRO.W. 7 11II tt6'PR&ERTY INE7 CURB LLI 17 H E L.( ®i I \ COLLECT➢Ot3 n h v v ucDISENUMFER: II- ' f PLANTING LEGEND 1 1 1 2" 0 RED MAPLE p_ (ACER RUBRUM), I/ I I OR SIMILAR I ~ I I I I r \ 11 1 1 .1 I 2179' ( _NEW TREES P 1 AMC l - _ _ IBAA-0 111 I / rr I 3WSPACING PER AMC iB.4.4030E I 1 11 1 1 r \ 11 1 1 1 rl r rl _ ` ~ 1 1 5 GALON GOLDENROD 0.~ OR SIMII AR 21 ! - 1 1 4dProof Design / _ - - 140.76' - - PHf 1 ) 1 1 ~ ` ~ Patrick May I LANDSCAPE PATH TO FRONT SIDEWALI, x 1 1 13497 Portland NE LU I , OR 97071 Woodburn, O r Wood77- Q w LI rr -.I I, a),~ f, 21 9' 0 3GALONFESCUEOR ELKADER S I. 0 FOUNTAIN GRASS HOME a. c I SP AVELPARaNCwI BACKUP z I j 621 ELKADER STREET I r J r 6PAOETO SHARED DRIVE ; 10% S MAX. PROVIDE 182 ~BaY ASHLAND, OR 97520 N I r l / LOPE - ti~l~ d LL I'1 ' L I - J 1 I RETAWINGWALLS5 W IANDSCAPESTEPSAS T-i~'~+J I I r NECESSARY TO LAIN. GRADE r j / 1 Z PARKING 3 I I I l J / C " ' EXISTING TREES E ) I nI I r r 1 rca LL Ir ( I I l 1 i \ 1 m PORCH ro I ) I / I W I I I l _ 1 LANDSCAPELEGEND Q X83 7/19/2017 Q ~ OFF STREET PARKING 121% OF LANDSCAPE CRUSHED GRAVEL AVEL NI0612011 o / - elcvciE N W GREATER THAN 25'WIDE PER IICYCLrE PAeraeG ' GREATER THAN AMC 18A A3 - r \ GARAGE GRASS-DRAUGHT d EXISTING FIR TREE PATIO NEW DRIVEWAY - RESISTANT FESCUE TURF :2 I I (PROTECTTREE PERPMC 18.4) ' - - - - _ .7 PROTECTION NOT REQUIRED DUE TO PROXIMITY 1 rJ I(n 216/2 F to LANDSCAPE BED ` Ln MULCH OVER WEED BARRIER Z o O' - CURB CUT ER 18.43.OSM.5 v I 41 II ` G I I ) r r I L HARDSCAPEIPAVING ~.az1n C1y~ E BUILDING ENVELOPE o I 1 1 r PATIO a / EXISTING FIR TREE, - C 1 \li a SEEARBORISTREPORT ) < IRRIGATION LEGEND N 11 v / U 4 S' v DATE: 2113M8 I 0 \ \ r e /r I WATER METER 6 s , DRIP IRRIGATION I ~J o PATIO -v, 2166' o ~ f 1 I © ZJ 1 ti _ o DIRECTIONAL POP UP I 1 x1 r SHEE7 TITLE 2147 PORCH SPRINKLER HEADS A'DSCA \ I 1I ( TREEPROTECTION FENCE _ `2181 o I M1 NPE PLAN I ( I vv 6'SIDEYARDSETBACK - - - - - sa~ceFOR6neuiEwger 1 I SHELTEHED BICYCLE PARql Y o 21 1' 2182' 21 AT 2194' 21$5' ^ _ - U - G C 2187,5' S 89050'70" E • 140.70' r R RESIDENCE EXISTING GAS ~5 - - U y (2)E METER BASES ASES CONNECT TO J2) NEW METERS CREENEDTRABW ETNNING WALL INETREE LOCATION LARU RECYCLE 1 LANDSCAPE PLAN R SUGAR CT @ NEIGHBORING PROPERTY " A-3b SCALE:1/8° (PROTECT TREE PER AMC 18.4) ~ ' 0 4 ' B' 16' i ,L 2179,9'-x- - - - - 72182.5' I I ..I/. 'I. II 1 I ~ I I I I I I ~~I i,. III I 1 ~ I;iSI IrJ MAGNOLIA FINE HOMES LL Gil LivniI. 2532 Old Mill Way AsWaud, OR97520 MAXIMUM BUILDABLE AREA ~ ~ ~ (5101913-5110 ±5,756.5 sq H' exe t \ V I V A ~ COLLECT➢ON I \ \ \ LICUMNUMER 11W30 \ naeum~ \ I tmw,®m I I \ ~ I i \ \ A.atzn - I sH ocv~Paoouceo ~ ~ ` Bi H.S.PP ,I I v~ 1 1 1 v ~ 1 I I 7~ v) I I I - - w - - 1 - - 13497 Podl d Rd NE I / i 1 Woodburn, OR 97071 1 / - _ PROPERTY LINE ELKADER ST. I H®ML i - - _ - - _ ~1 ~1 621 ELKADER STREET ~ ~ ~ ~ ~ v 11 ~ 11 v l I ASHLAND, OR 97520 I m I I \ \I I \ I I \ I 3 v LL I ! I , / \ \ I I I I II I I I ! - V 11 711912017 I \ 1 \ 1 ~ ` fl1052017 I 1 l / \ \ I 1 ~ \ N I I I I I/ / / a I' I - - - _ ' \ I r \ ro I I \ \ I I I I v vv I~ I I 1 / v Z I~ I l I - l _ ` vv / / v v LL I I I I I I I I; I ~ , I I 1 ~ , I 1 , ro \ 1 / 1 I DATE: 2/13118 N I I \ ~ / I i t \ v I I II I I L \ / ! I I 11 ~ 1~ I ~ A 1 I v n- 1 I o ~I . SHEET TITLE CTUAL SHADO l I DIAGRAM a I I I I v v o ~v ` L---I--- - _ ~ I I \ I \ ~ I d i, ` ` I 1 I 1 Y~nI T\\ m 2181.5' ~ ! 1 ~ - + 2187.5' 1 I CAST SHADOW DIAGRAM EXHIBIT B " `A-3c) SCALE: 118' = 1'-0' 0 4' B' 16' 1 I I I I I ^ I I I I ~ , I I ~ ~11~11~I~II. _ %1AGNOLIA PINE HOMES LL l1-I _ I w ~ h1_ ! t5 Gil Livoi 4 2532 Old Mill Way Ashland, OR 97520 - (510)913-5110 LR H 8 N N I i dd r COLLECTION J L m I I I r 10_ MEnSE WK.- ItOfi30 1 _ ~I w a1 I I I I v w 1 1 1 _ n 4 o N ~iw~enr-mrrm- li II t 1 5o m _ I I I w~ I I I I 11 g" r- II II 1 II II I'. - Q1!~ - ii - I I a E o- I I LJ L- I ' ° li_ ilk I I I I I I I I II I III { °>r II I II II II I ul ,tra I I I II II i _ € i. I I I I o'v L"I I I I I i 1 1 ~ I II I L 4 ~ I I I I I F j h I I I I II 111 l ~I II I1 ii I C J I 4} i l I C~ I I I I I ~ I I (r) I I l j I 111 101 l ii fL r aex^or5loP rEee.s-Ipooe~e j a ~1 n G3 Z12 D1 1 1 ra rr.n,~a 4dProof Design Patrick May 13497 Portland Rd NE f7 Woodburn, OR 97071 I I II 71 II Wi I1 II II II I Pr ELKADER ST. I j I -------L----- HOME - r~ C 4 621 ELKADER STREET g ASHLAND, OR 97520 C PIPES 17. C,*TFIC 3 ,DUer+ra~n, N E M SLOPE Dl I r7Fr - 0 r` CD O dv Ul~j a n a 11 M 3 v Z a E m E CD `D SLOPE Cat DATE: 2113!18 Ylrl. N U N 2 $ - - ❑ SHEET TITLE - a` a ROOF PLAN oa a 0 o` m E a 1 ROOF PLAN f 5cak SCALE:114' = Pd' a 2 4• s 7 i l 11 I` ;i _ QAGNOLIARINE HOMES LL '1 f Gil Livni 2532 Old Mill Way Ashland, OR 97520 ~I I Islm911_c1in I i - - ll - LILlrwa I 11 I I=- coc>,ecTaota UCENSENLM nllowo 1 - III I x rx.a~wr.mevK~ I I I ru,u m x~ax.~rvwrr I f' , ,an ~n I I it I I I I i - CL_____________________________Ir_____________________1r______________________~------- i 1R 'I REAR ELEVATION SCALE; aav I 4dProo(Design / 6c Patrick May II 13497 Portland Rd NE Woodburn, OR 97071 - LKADR ST. - HOME ~l II 621 ELKADER STREET ASHLAND, OR 97520 N - I _ FUS1&DR➢OR N _ 6 cli U _ - - a -7.,., I 4 - - I i 3 ~ 1 ~ II I, r c FMBIi®ROOA LL 011 p c°v x co+~ccoRi 1Lif~ u1a~~+~~~aeLniUe DATE: 2113118 FRONT ELEVATION ~Ea11':~ RrRN - .E SCALE: V4-r a ~ o s-HEE 11-1ILE o a EXTERIOR ELEVATIONS 0 E U C N L 0 N p rl I ` 1 I I I I I ~ l CH IMEYTO DMO HNL44-A&SLEABY ROOF WHMN IV HOPJZID`PAL II l ~ Ilh MT. CEDAR 2%2S@F BC. OVER BS. FIR ON CEDAR I' PLYM.(ALL STARTED) t,OLIAtINE HOBILo LL i 011 Livni ROOFlM DATMIAL (SEE 2532 Old Mill Way ROOFPWq Ashland, OR 97520 i f CEDAR LAPSOBIG(TO (Sl0\917-SLID BesTAUE0) B HORMIJTAL LAP S:GNNG IL I T H 8 ('U EOD IL11: L ~ . SCEDAR CORNER SOS. COLLBCTVOtd THE TYPE OF EXTERIOR FNrTSH TTiE BISTAIIATIONMD THE LICENSE NOS.LR: IIUM FI11151HED FLOOR WATERPROOFINO DETAILS AREALLTO BE THE RILL AESPDNSSMY OF THE O''A72VBLDR. THIS DES!CHER - ASSULLESWRESPOikSSWIY FOR THE SIIEGRITY OF THE s. BLDG RWOPE it - - - - FNBSI®FLDDR t RIGHT SIDE ELEVATION SCALE: Mr-F ' i 4dProoiDeslgn Patrick May 13497 Portland Rd NE Woodburn, OR 97071 r"LKADER ST.~ HOME 621 ELKADER ST B ASHLAND, OR 97520T c m 3 at N ROOF DECK BEYOND C N FOR LL ~ ~ Po;,NWl7 HFAD fb - - I I III li r `I I 1 a 11011111111 L 1 - J m m D m - on r 1F- RNSHEO R.OOA 442 I< ~ I I.. I I ~ El CD zj-[ I I ❑ Z N - ,I DATE: 2113118 N N U I~ I.I. a _ I OFLODR rnws i i I I 3HEEl TITLE 0 rL__________________________________________ - - - ° - L______---__-_----_-______________ 1-__--___-___________________-----_1 r' 1 --°-------r----------------- JT IL L---______ ____________________-_-------________1-___________________ - - - - - J_-__--__________________________________ 1 EXTERIOR ELEVATIONS LEFT SIDE ELEVATION TO SCALE: yr-v 'IL N 01 N 'ry OF I Community Development- Planning Department 20 East Main Street, Ashland, OR 97520 Phone 541-488-5303 Fax 541-488-6006 SOLAR ACCESS IWAIVER AGREEMENT Planning Action # For County Use Address of Property Requesting Solar Waiver 621 Elkader Street Tax Lot # of Property Requesting Solar Waiver 39 1 E 16AA 9000 Address of Property Agreeing to Solar Waiver TBD (Requested for partition approval) Legal Description of Property Agreeing to Solar Waiver (Attach, if necessary) See attached The undersigned, for themselves, their heirs, successors and assigns, consent to permit obstruction of their solar access rights described in Chapter 18.4.8.020 of the Ashland Municipal Code on that portion of property in Township 39, Range 1 East, Section 16AA Tax Lot # further described by legal description in the attached Exhibit "A". The undersigned certify and agree to the following; 1. This agreement shall be binding upon their heirs, successors and assigns and shall run with the land. 2. The undersigned are the owners of the property described on Exhibit "A". 3. This waiver applies only to the specific building(s) noted in the attached Exhibit "B"; and to the shadow(s) cast by such building(s) as noted in Exhibit "B". 4. The solar access rights described in Chapter 18.4.8 of the Ashland Municipal Code are waived only for that buildable space shown on Exhibit "B" and the City of Ashland is indemnified and shall be held harmless for any damages resulting to any person or property resulting from this waiver. 5. The consideration for this agreement is $1.00 and other good and valuable consideration, the receipt of which is acknowledged by the undersigned. Property Owner(s) Agreeing to Solar Waiver Signature Date Signature Date State of Oregon ) County of Jackson ) On this day of 20 , before me personally appeared, whose identity was proven to me on the basis of satisfactory evidence to be the person(s) whose name(s) is (are) subscribed to this instrument, and acknowledged that he (she) (they) executed the same. j Notary Public for Oregon Commission Expiration Date f I Approved by City of Ashland Planning Staff Date T : T following exhibits t attach tot Solar Access fiver Agreement: (Make sure documents have at least a 1" margin on all sides for County recording purposes) EXHIBIT A (Legal description of property agreeing to solar waiver) EXHIBIT B (Plot plan of both the property requesting solar waiver and the property agreeing to the waiver. The plot plan must show, on the requesting property, the specific building(s) and shadow(s) cast by such building(s) and, on the agreeing property, the buildable space affected. See attached sample.) j Planning Division ZONING PERMIT APPLICATION CITY OF 51 Wmbu n Way, Ashland OR 97520 FILE :.MILAN 541-488-5305 Fax 541-488-6006 MINOR LAND PARTITION °lAnlrE T^ "'^T ^ ^C as DESCRIPTION OF PROJECT DESCRIPTION OF PROPERTY Pursuing LEED® Certification? DYES RNO Street Address 1135 FERN STREET (AKA 621 ELKADER) Assessor's Map No. 39 1E 16AA Tax Lot(s) 9000 Zoning R-1-7.5 Comp Plan Designation SINGLE FAMILY RESIDENTIAL APPLICANT Name Livni Family Trust - Gil Livni Trustee Phone 510-913-5110 E-Mail magnoliafinehomes@gmail.com Address 453 Tucker City Ashland Zip 97520 PROPERTY OWNER Name Livni Family Trust - Gil Livni Trustee Phone 510-913-5110 E-Mail magnoliafinehomes@gmail.com Address 453 Tucker City Ashland Zip 97520 SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER Title Surveyor Name Polaris Land Surveying Phone 541-482-5009 E-Mail shawn@polarislandsurveying.com Address PO Box 459 City Ashland Zip 97520 Title Planning Amy Gunter, Rogue Planning & Development Se Ices g COnSUltantName h'11one 541-951-4020 E-Mail amm.gunter.planningangmail.corr Address 1424 S_Iw Street City Medford Zip 50101 1 hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects, true and correct. I understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their location found to be incorrect, the owner assumes full responsibility. I further understand that if this request is subsequently contested, the burden will be on me to establish: 1) that I produced sufficient factual evidence at the hearing to support this request; 2) that the findings of fact furnished justifies the granting of the request; 3) that the findings of fact furnished by me are adequate; and further AON 4) that all structures or improvements are properly located on the ground. Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to be removed my expense, If 1 have any doubts, l am advised to seek competent professional a vice and assistance. (i 3 Q J4, -cant' ignature 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. irt 1( 1 Krty Ow is Signature (required) Date Fro be completed by City Stafl Date Received 7 Zoning Permit Type ! Filing Fee $ L~ 00 OVER 0 CiAcomm-dev\planning\Porms & Handouts\Zoning Permit Application.doc ROGUE PLANNING G DEVELOPMENT SERVICES, LLC Mlmnop Land Paptiotion 621 Elkader Street NO 3 0 2017 Minor Land Partition Subject Property Property Address: 621 Elkader Street Map and Tax Lot: 39 1E 16AA: Tax Lot 9000 Comprehensive Plan Designation: Single Family Residential Zoning: R-1-7.5 Adjacent Zones: R-1-7.5 Lot Area: 22,481 square feet Property Owner: Livni Family Trust Gil Livni Trustee 453 Tucker Street Ashland, OR 97520 Applicant: Livni Family Trust Gil Livni Trustee 453 Tucker Street Ashland, OR 97520 Surveyor: Polaris Land Surveying, Inc. PO Box 459 Ashland, OR 97520 Planning Consultant: Rogue Planning & Development Services NOV 3 0 2011 Amy Gunter 1424 S Ivy Street Ashland, OR 97501 Page 1 of 10 I I Request: Request for minor land partition approval to divide the parcel at 621 Elkader Street (formerly 1135 Fern Street) into two separate parcels. Property Description: The property is at the southwest intersection of Elkader and Fern Streets. The property was originally part of lots 28 and 29 of the Galey Addition from 1907. In 1984, the subject lot in its current configuration was created as part of a three-lot partition (PA 84-029). The subject property and the surrounding properties are all zoned Single Family Residential (R-1-7.5). The property (Parcel #3) proposed for division and is 22,481 square feet in area. (This is due to the approved property line adjustment (PLA) that reduced the presently recorded lot area and dimensions. The PLA was approved between 1135 Fern and the two adjacent properties that front on South Mountain Avenue was approved in 2016 (PA2016-01891). The survey reflecting the approval has not been recorded. The PLA and partition survey would be recorded simultaneously. The property slopes between seven to ten percent from south to north. The slope of the parcels, 150- feet to the north for the purposes of the solar setback ordinance is seven percent. Elkader is improved with pavement, curb and gutter. There are no sidewalks along Elkader Street frontage. Fern Street is an un-improved right-of-way to the North of the vacant parcel to the north of the (TL#9000) subject property. The two properties to the north of the Fern Street right-of-way both take access via a gravel driveway that is located on the southern half of the ROW, each lot has a driveway connection to the gravel surface within Fern Street ROW. The two properties have additional improvements in the ROW such as yard area, paver stone patio eas, and landscaping. To obtain driveway access from Fern, the right-of-way will be improved to *F°h~1 or the minimum standards allowed by the City of Ashland Public Works Division. Ideally, the improvements will be centered within the right- of-way. 30 2WH Proposal: The request is to divide the property into two parcels. Proposed Parcel #3 would be vacant. A new single-family residence is under construction on Parcel #4. The proposed dimensions, areas, lot coverages, setbacks, access, parking, and tree protection for Parcels #3 and Parcel #4 comply with the standards for the R-1-7.5 zone. Both parcels will have more than 7,500 square feet of area. Parcel #3 is proposed to be 9,852 square feet and Parcel #4 is proposed to be 12,629 square feet in area. Both parcels comply with minimum lot width of more than 65 feet. Parcel #3 is 70 feet wide and Parcel #4 is proposed to be 89.72 feet wide. Page 2of10 The proposed lots are both deeper than they are wide. The proposed residence on Parcel #4 and site improvements account for less than 45 percent coverage and setbacks are met. The construction plans call for approximatly 4,500 square feet of coverage areas or 36 percent. Parcel #4 has the 60-foot wide Fern Street ROW to the north which provides for ample compliance with the solar setback ordinance. Parcel #3 has an average slope of seven percent. The construction of the residence on Parcel #4 has commenced. The Parcel #4 complied with solar setback standards at the time and of permit issuance. The proposed parcel has an N/S lot dimension of 89.72 feet and leaves 70-feet for frontage of Parcel #3. Parcel #4 has an approximatly 7.63 percent slope to the north. The required minimum lot width for a 7.63 percent slope lot is 81.36 feet wide. The structure on the property is 22.16 feet tall and requires a greater setback than provided. A solar setback waiver provided if required. Vv% r1 b The development on Parcel #4 provides adequate parking for the single-family residence, and the proposed accessory residential unit. Parcel #3 will have vehicular access provided at the rear of the property accessed via the shared driveway between Parcels #1 and #2. There is a large Deodar Cedar tree along the north property line adjacent to the Fern Street ROW. This tree has a recommended tree protection zone of 25-foot radi. The tree protection zone fencing is established on site. This fencing will be maintained throughout construction. There is adequate buildable area provided on the remaining area of Parcel #3 to comply with all setbacks in the zone. The survey plat for this previously approved property line adjustment will be recorded simultaneously as the proposed expedited land division, on the same survey. Due to how the parcel areas were assigned in PA84-029, the proposed partition of existing Parcel #3 becomes Parcel #4. Findings addressing the criteria from the Ashland Municipal Code can be found on the following pages. Attachments: A) Vicinity map B) Tree Protection (installed and to be maintained) C) Preliminary Partition Map Page 3 of 10 G i Ashland Municipal Code 18.5.3.050 Preliminary Partition Plat Criteria A. The future use for urban purposes of the remainder of the tract will not be impeded. The future use of the remainder of the tract as single family residential uses will not be impeded by the proposal. B. The development of the remainder of any adjoining land or access thereto will not be impeded. The development of the remainder of any adjoining land or access to adjacent residential lands will not be impeded by the proposal. 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. There are no City adopted neighborhood or district plans. To the applicant's knowledge, there are not previous approvals for the subject properties that would prevent the proposed partition. D. The tract of land has not been partitioned for 12 months. 0 , ' 3C 2011 The tract of land has not been partitioned for the past 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). The proposed parcels conform to the requirements of R-1-7.5 zone. Both parcels will have more than 7,500 square feet of area. Parcel #3 is proposed to be 9,852 square feet and Parcel #4 is proposed to be 12,629 square feet in area. Both parcels comply with minimum lot width of more than 65 feet. Parcel #3 is 70 feet wide and Parcel #4 is proposed to be 89.72 feet wide. The proposed parcels are both deeper than they are wide. The proposed residence on Parcel #4 and site improvements account for less than 45 percent coverage and setbacks are met. The construction plans call for approximatly 4,500 square feet of coverage areas or 36 percent. Parcel #3 has the 60 foot wide Fern Street ROW to the north. With the ROW exempt from the solar setback ordinance and with the minimum ten foot side yard setback abutting the ROW, ample width for compliance with the solar setback ordinance is provided. Minimum lot width in the zone is 65 feet. Parcel #3 has an average slope of seven percent. Page 4 of 10 i The construction of the residence on Parcel #4 has commenced. The Parcel #4 complied with solar setback standards at the time and of permit issuance. The proposed parcel has an NIS lot dimension of 89.72 feet and leaves 70 feet for frontage of Parcel #3. Parcel #4 has an approximatly 7.63 percent slope to the north. The required minimum lot width for a 7.63 percent slope lot is 81.36 feet wide. The structure on the property is 22.16 feet tall and requires a greater setback than provided. A solar setback waiver has been provided if required. The development on Parcel #4 provides adequate parking for the single-family residence, and the proposed accessory residential unit. Parcel #3 will have vehicular access provided at the rear of the property accessed via the shared driveway between Parcels #1 and #2. There is a large Deodar Cedar tree along the north property line adjacent to the Fern Street ROW. This tree has a recommended tree protection zone of 25 foot radi. The tree protection zone fencing is established on site. This fencing will be maintained throughout construction. There is adequate buildable area provided on the remaining area of Parcel #3 to comply with all setbacks in the zone. The property is within Wildfire Hazards Overlay. See findings below. 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. The exiting driveway accessing the new construction on Parcel #4 will be utilized on the site. The driveway will be less than 25 feet wide and will not occupy more than 25 percent of the front yard area. There is a second driveway curbcut along the frontage of Parcel #3 from Elkader Street. This will be removed, and the vehicular access will be taken from the shared driveway at the rear of the property. The shared driveway has a 15 foot easement and will be improved with 15 feet of pavement. The AMC defines the driveway as: The area thatprovides vehicular access to a site from a street or the area that provides vehicular circulation on a site. - Drive, Flag A driveway that serves a single lot or parcel and is greater than 50 feet in length, or provides vehicular access to a flag lot(s). See also, section 1 5..3.060 Additional Prelhninw y Flag Lot Partition Plat Criteria. - Driveway, Shared A driveway used to access two or more lots or parcels. M i 3 0 2H17 is The parceli ape proposed to be accessed by a shored driveway. Each lot accessed via the shared driveway has frontage on an improved public street that provides for emergency vehicle, visitor and guest parking. The proposed lot configuration does not meet the definition of a flag lot. The driveway is more than 50 feet in length and will be paved to 15 feet in width which meets the width and design standards for paved access. The driveway grade will not exceed 15 percent. The pavement will be installed in a manner that does not allow for the surface waters to drain across any public right-of-way or adjacent properties. Page 5 of 10 On the properties within the development area that have access to the shared drive, there are not more than seven parking spaces. The lots are not flag lots from the definition of a flag lot. The shared driveway has been designed in accordance with the design standards of 18.5.3.060. e Gpplicatiorr G. The proposed streets, utilities, and surface water drainage facilities conform to the street design standards and other requirements in part 1 8.4, and allow for transitions to existing and potential future development on adjacent lands. The preliminary plat shall identify all proposed public improvements and dedications. The water and sanitary sewer service will be provided from Elkader Street to the parcels. There is an eight-inch water line and a six-inch sanitary sewer line within Elkader Street. This is adequate to service the parcels. Electric service will be per the electric distribution plan. The storm sewer services will also be routed towards Elkader Street. Elkader Street is improved with curb, gutter but no sidewalk, on Exception to not install sidewalks, to sign in favor of an LID has been proposed. H. Unpaved Streets. NOV 30 2,011 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. n t/ryYlrynn., 4.. fL.ir ~rti~ /C P P~1'(7(~ Fern Street is an unimproved, 60 foot wide public right-of-way along the frontage of the subject property. The street is Improved with less than 20 feet of width. The street could be graded to 20 feet wide to the nearest improved collector street, Elkader Street. To grade Fern Street to 20 feet wide will require the removal of two 12-inch DBH Oak trees and the removal of a 30-inch Pine tree. This will also have a negative impact upon a 22-inch DBH Spruce. These trees are within the public right-of-way for Fern Street and the removal of the trees would be necessary to allow for the development of the property in accordance with other criteria regarding access from shared access easement for minor land partitions, specifically, the standard requiring access for new lots created via partition to be accessed via a shared access easement if one present. Page 6 of 10 I': At the rear of the subject property, a shared access easement is provided to the two parcels that front on South Mountain Avenue to the west and southwest of the subject property. When the parcels were created in 1984, access from Fern Street was required for Parcel #2. Elkader Street along the frontage of the property is improved with pavement, curb and gutter. An exception to not install city street improvements on Elkader Street has been requested. In accordance with AMC 18.4.6.030.8. a waiver of the right to refuse the costs associated with Elkader Street improvements for a Local Improvement District (LID) will be provided upon request of the city. 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. -o - o - ee gra e w e-c n ~t Zvi 11 1~ rCA 1-0 rv FOO kv,a+. 1 b. The centerline grade on any portion of the unpaved street does not exceed ten percent. The centerline grade is not more than ten percent and will not be more than 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. The final elevation will be established in accord with the Public Works Director's specifications. 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. Page 7 of 10 The property owner seeks to participate in the costs of a future local improvement district to cover the future street improvements for improvements to Elkader Street to City standards and the improvement of Fern Street to city standards. 1. Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from the street. No alley exists adjacent to the partition. J. Required State and Federal permits, as applicable, have been obtained or can reasonably be obtained prior to development. No state or federal permits are required. K. A partition plat containing one or more flag lots shall additionally meet the criteria in section 18.5.3.060. No flag lots area proposed as part of the partition. ®p~ A 18.5.5.050. Variance 1. The riance is necessary bec use the subject code provisi \re account for special or unique physical ci umstances of the subje site, such as topographytures, adjacent development, or similar cir mstances. A legal lotermination may be suence of a hardship for purposes of approving a riance. The variance is nec ary to protect the natu 1 features conr trees all greater than 12- inches DBH that are w in the Fern Street right- -way. The es t t when partitions take access from an unimprostreet, that street mus e improet of c pacted gravel surface (or similar surface) and app ved by the Public Work irectoels that a taking vehicular access from Fern Street all ha frontage upon another proved public right-of-wa this unique lot layout allows for shared access the residences, similar t n alley while each lot has treet frontage in the event of an emergency, visit and guest parking from e improved public right-o ay. The unimproved width of Fern Street ac ssing more than one pr erty without 20 feet of c\rwidth is a pre-existing, non-conforming situation. th properties to the no are accessed via Fern Additionally, the properties have some encro hments in tot eh Fern reetrlght-of--way, thtion of the existing improved width allows the encro hments to not be imp ted by the proposed development. Page 8 of 10 2. The variance is the inimum necessary to address the special unique physical circumstances related to the subject sit e variance to not grade n Street to 20 feet of cut and filled, gra d surface to preserve the es blished trees is the minim necessary to address the preservation f the trees. This also allows the ighboring properties encro chments to remain. 3. The pr osal's benefits will be greater han any negative impacts on the dev opment of the adjacent uses and wi further the purpose and intent f this ordinance and the Comprehens e Plan of the City. The benefits o he proposal extend to the adja nt properties and to the natural en ' onment which outweighs the i acts of retaining Fern Street as ' . 4. The need for the var nce is not self-imposed by the ap licant or property owner. For exa le, the variance request does not rise as result of a property line a ' stment or land division approval previously granted to the a licant. The variance request is to pre rve trees within the right-of-way, of the property and to retain a re- existing non-conforming street 'dth. The variance request is not a sult of a property line adjustme or previous land division. The requ st is from the changes to the partit n chapter that require removal of curbcuts and requires access fro hared driveways or alleys not imp ved streets. The other option would be a variance r uest to provide vehicular access to e site via Elkader Street and not via the shared access driveway a ng the rear property line. This wou d~preserve the trees but would have a negative impact on the overaah~streetscape of Elkader Street. ;1@,p3 Page 9 of 10 2 ! Ut 6Cs00 7f3^~0 StPO 6100 8200 6Cl1 a_;~~ 7100 83e1t a3a u 1 2101 100 101 80 a6w, 8%0 ?0 t1 1 301)0 12(10 110!0 10c'O 0706 1 ta~0 0900 15 •:'t7:r`r 000+1 3600 17t1i7 i 110) 1400 1!40 Sox) 1000 1 NO 9''. U :rtr 6100 fr 100{1 2009 916, 9~s0 57tD0 61 G1iO1'7 2100 .}204} 9300 5806 650 h;{7J 7( 7200 2 M s"O 6401 WO 4700 305 2309 71 r 6001 6300 21 2363 10000 020!1 3600 2302 6100 6200 72 :1403 3302 160 14!"r 0 1301 1100 1203 101 3406 1204 3307 o, 900 I f p 3 t 3401 33011 ~ ~V e3if _ 41&0 1205 1 1m 03011 3260 12,- 6 2000 VAO MM Page 10 of 10 TL 6900 TL 8800 ~ ASPHA DR T0 Y ' CONCRETE' DRIVEWAY y I I ,PROPOSED fTJTI/RE ~ - 2~ U ~DRIVEWgY ~T 12" OAK / ~ / ~ 297 \ re PINE as lidE a 0 o a nboo000b o000 0o0 n0 o 0 X X--° 0000000 000000200000 0 0nn 0 O O n n 0 0 0gq~aO q - o a o 0 0 o 0 0 0 0 0 o Z 10° INE 000nono 0 X b ° 0 P NE 30. 24 y l ~ ~ ~ P NE U J ,944 SQ. f7: 9 652 S. F. 1 EXIS7VIGI ORIVEWLY s t 28 if I f, I f / T BE REWOVED ' AY EASEA~'ENF r, 21 b I 9~NEF~T PARE S 1 2 0.76-- Z5 DRIVEWAY EASEMENT P ER & lNE) I I I PRCJP R'N~IN TO 9ENEh7TPARCEL 1 WATS ERVIC a o I PARCEL 4 b u~' I I L 1'' l 12.829 S.F. r 1.1 ADJUSTED l o l ry l PROP&RTY LINE / 18 FIR \JR, i9!i4Y? 0 l / /6 .121 7 c 2190 O TL 9100 tea ]L s. d0 ~ l 30' i Assessor's Map No. 39 I E 16 AA, Tax Lots 9000, 9001 & 9002 - G `C l -A, I I' r PROPERTY LINE ADJUSTMENT MAP TED AT I LOCA 30' 30' 1135-Fern Street TL 8900 TL 8800 WM Ashland, Oregon . r 1- LYING SrrUATE VVITHEV NORTHEAST QUARTER OF SECTION 16 T ASPHALT DRIVEW Y CONCRETE ° TOWNSHIP 39 SOUTH, RANGE 1 EAST, WILLAMETTE MERIDIAN 30' DRIVEWAY CITY OFA5IILAND, JACICSONCOUNTY, OREGON 22-SPRU ~PROPOSE6 FUTURE FOR o> RNEW Y ' 21 ,12" OAK ` i Magnolia Investments TT " PINE 1NE ° LLC ~jh 0 38 14 12 2532 Old Mill Way a o 0 0 0&0 0 0 0 0 0 o~~~ 0 0 0 0 ~°-r X x x x- °o°o°o°o°o°o°o°o°o°o° pp„„yy~~, 0° SPHAL~ ` Ashland, Oregon 97520 000000 ooooG3+~0 0 u u 0 0 0 0 0 0 0 0 00 0 w 1/~/ % 000 o 0 0 0 000 0 0 0 0 0 0 0 " -7 0 0 0 0 0 0 0 " y q ,~IP,;WQ. 2 110" lD1Nf / o o0 0 P NE 30 PIN lam: Z.ECYE 0 0 24 AI o ® SUBJECTPROPERTYLEVE ~ ~ i ~ ~ V ~ ~ ' ~ PROPOSED PARTITIONOR ADJUSTED LINE u PNEI BOUNDARYLINE w 6 fX1SrrING F >8 46" FIR®~ \ < - CENTERLINE I P F LNf \ M -X-X-X- FENCELINE II _ ° I N I E 2 r PARCEL 3~ w o + WATER LINE 19,852 S•F. SANITARY SEWER LINE U f 944 SQ. FT ~IEXISTJ~ DRIVEWAY— 2 - " / f I ~~Y BE ROVED sD STORMDRAINLINE 1 IV JSCEff) T /i 218 \ 1 oHP OVERHEAD POWER & PHONE LINE I ° I B NE T rj/?GEr 1 2 Q PP POWER POLE /!?ARTIt/ON• CtNE ~O I I % WV WATER VALVE ~ ~ -89'41'2 440.76'° 2~'i el~~ 0 Z o I 55 SANrIARYSEWER MANHOLE 9 5 ' r F(~H FH io ry l 7.5' DRIVEWAY EASEMENPOSE 1 h' FIREHI'DRANT JEPTO BENEFR"ARCEL 1 WATER & 0 WM WATER METER I RY LIN SERVICES T~ TELEPHONE/TVPEDESTAL I PARCEL 4 r____ \ L 1~ 12,629 SF. II " ®P REGISTERED Q ro 7,9 FT i ADdusrf0 t PROFESSIONAL PROPERLY LINE LAND SURVEYOR E Q 'IV n I d\ EV1S17NG N ( A, 18" FIR DRIVEW,4y (b~'~s; C P, o J I III ~ l I r• 0 1 a ~~8 • 2 7. ' c „ ,0REG68 ~ .58 2r90 SHAWJULY N KAMPMANN ® I 28®3 LS I w SCALE: t" 40' RENEWAL DATE; 6/30/2019 v ° SURVEYED BY. i TL sr0o 1z 9300 i POLARIS N SURVEYING LL ® X 459 OREGON 97520 ASHLAND, JO' o 30' 30' (541) I I DATE: NOVEMBER 20, 2017 Assessor's Map No. 39 1E 16 AA, Tax Lots 9000, 9001 & 9002 PROJECT NO. 1032-16 POLARIS LAND SURVEYING Job Address: 1135 FERN ST Contractor: ASHLAND OR 97520 Address: A Owner's Name: LIVNI GIL/KATHLEEN 0 Phone: P Customer 09638 N State Lic No: LIVNI GIL/KATHLEEN 1 City Lic No: L Applicant: 453 TUCKER ST R Address: ASHLAND OR 97520 A c Sub-Contractor: A Phone: (510) 913-5110 Y Address: (i! Applied: 11/30/2017 0 7 Issued: Expires: 05/29/2018 Phone: State Lic No: Maplot: 391 E15BB4801 City Lic No: DESCRIPTION: Type 1 land partition, creating 1 lot VALUATION Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description Total for Valuation: MECHANICAL ELECTRICAL STRUCTURAL PERMIT FEE DETAIL Fee Description Amount Fee Description Amount Land Partition (type 1) 1,115.00 CONDITIONS OF APPROVAL COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 East Main St. Fax: 541-488-5311 Ashland, OR 97520 TTY: 800-735-2900 www,ashland.or.us CITY Inspection Request Line: 541-552-2080 F - 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: $ 1,115.00 $ 1,115.00 or local laws, ordinances, or regulations rests solely with the applicant. Sub-Total: $ 1,115.00 Fees Paid: $ 1,115.00 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 wwmashland.or.us CITY F Inspection Request Line: 541-552-2080