HomeMy WebLinkAboutManzanita_103_&_107_PA-2018-00591 i
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CITY 0-'
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May 9, 2018
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Notice of Final Decision
On May 9, the Community Development Director approved the request for the following:
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Planning Action: PA-2018-00591
Subject Property: 103 Manzanita Street
Applicant: Laurel Miller & Mitch Sherman
Description: DESCRIPTION: A request for a Land Partition to divide the 13,614
square-foot parcel at 103 Manzanita Street into two parcels, one 7,071 square-feet and one 6,543
square-feet. COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family
Residential; ZONING: R-2; ASSESSOR'S MAP: 39 lE 05DD; TAX LOT: 4500
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
Winbum 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 Fotini Kaufman 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
Ashland, Oregon 97520 TTY: 800-735-2900 k'
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SECTION 18.5.1.050 Type I Procedure (Administrative Decision with Notice)
E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to
subsection 18.5.1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision.
F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below.
1. Any party entitled to notice of the planning action, or any City department may request reconsideration of the action
after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no
fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision.
Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence
during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity
to respond to the issue prior to making a decision.
2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall
decide within three days whether to reconsider the matter.
3. If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the
decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse
the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any
party entitled to notice of the planning action.
4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the
reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration.
G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following:
1. Who May Appeal. The following persons have standing to appeal a Type I decision.
a. The applicant or owner of the subject property.
b. Any person who is entitled to written notice of the Type I decision pursuant to subsection
18.5.1.050.B.
c. Any other person who participated in the proceeding by submitting written comments on the application to the
City by the specified deadline.
2. Appeal Filing Procedure.
a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.050.6.1, above, may
appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of this
subsection. The fee required in this section shall not apply to appeals made by neighborhood or community
organizations recognized by the City and whose boundaries include the site. If an appellant prevails at the hearing
or upon subsequent appeal, the fee for the initial hearing shall be refunded.
b. Time for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of
decision is mailed.
c. Content of Notice of,4ppeal. 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. r!
ii. A statement demonstrating the person filing the notice of appeal has standing to appeal.
iii. A statement explaining the specific issues being raised on appeal.
iv. A statement demonstrating that the appeal issues were raised during the public comment period.
d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a
jurisdictional defect and will not be heard or considered.
3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before the
Planning Commission. The appeal shall not be limited to the application materials, evidence and other documentation,
and specific issues raised in the review leading up to the Type I decision, but may include other relevant evidence and
arguments. The Commission may allow additional evidence, testimony, or argument concerning any relevant
ordinance provision.
4, Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type II public hearing procedures,
pursuant to section 18.5.1.060, subsections A - E, except that the decision of the Planning Commission is the final
decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the
adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of
Appeals, pursuant to ORS 197,805 - 197.860.
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541A88-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
wtivtv.asl lind.onus
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ASHLAND PLANNING DIVISION
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FINDINGS & -O ERS
PLANNING ACTION: PA-2018-00591
SUBJECT PROPERTY: 103 Manzanita St
OWNER/APPLICANT: Laurel Miller & Mitch Sherman
DESCRIPTION: A request for a Land Partition to divide the 13,614 square-foot parcel at 103
Manzanita Street into two parcels, one 7,071 square-feet and one 6;543 square-feet.
COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-
2; ASSESSOR'S MAP: 39 lE 05DD; TAX LOT: 4500
SUBMITTAL DATE: March 29, 2018
DEEMED COMPLETE DATE: April 9, 2018
STAFF APPROVAL DATE: May 8, 2018
APPEAL DEADLINE (4:30 P.M.): May 22, 20-18
FINAL DECISION PATE: May 23, 2018
APPROVAL EXPIRATION DATE: November 23, 2019
DECISION
The proposal is a request for a land partition to divide the property at 103 Manzanita Street, on the northwest
side of Manzanita, into two parcels. The subject properly is located at the west of the intersection of High
and Manzanita Street, and is currently 13,614 square feet in area. There is a driveway on proposed Parcel 2
that provides access to a two-vehicle garage and to two parking spaces off the driveway for proposed parcel
1. With the proposed partition, a new Parcel 1 would be created at 7,071 square-feet. Parcel 2 is proposed as
a 6,543 square-foot lot. The application states property slopes seven to ten-percent slope from southwest to
northeast across the width of the two properties. The property has curb,- gutter, and sidewalks along both
frontages.
The subject property is zoned R-2 (Low Density Multi-Family Residential) and is in the Skidmore
Academy Historic District. The properties across High Street to the northwest and across Manzanita
southwest are zoned R-1-7.5 (Single-Family Residential). The former Briscoe-School is across the street.
it's zoned-R2 along with the properties to the southeast and northeast. A bit further east on the-other
side of North Main Street, the properties are zoned It-3.
In 2001, the property received Site Design Review approval for the conversion of the existing house into two
units and the addition of a third unit in the- form of the detached cottage. The -property also received a
partition approval -split property into three parcels, one that is now 310 High Street, and two parcels that
make ua 103 Manzanita today. The partition of the other two parcels was never recorded and only 310 High
Street resulted from that partition. The lot dimensions at 310 High Street do not match the approval exactly
and resulted in a slightly smaller lot than what was approved. In 2017, the detached cottage was approved as
an Accessary Traveler's Accommodation, the pre-application submittals state the Accessory Traveler's
Accommodation is to remain until October of this year, when the use will be dissolved. So long as the
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Accommodation.-is to remain until October of this year, when the use will be dissolved. So long as the
properties remain in contiguous ownership the Accessory Traveler's Accommodation can continue until
October.
Proposed parcel l has a 2,892 square-foot residence with two dwelling units inside. Proposed Parcel 2 has a
1,008 square-foot cottage and a 360 square-foot 2-vehicle garage. At 7,071 square-feet, Parcel 1 is large
enough to accommodate the two units already on-site. 1,080 square-feet of the house is basement and
exempt from Maximum Permitted Floor Area in the Historic District. The other 1,812 square-feet on the first
and second floors is less than the 2,404 square-feet of Maximum Permitted Floor Area now allowed on the
7,071 square-foot lot.
The first criterion for the approval of a land partition is that, "The future- use for urban purposes of the
remainder of the tract will not be impeded. " The-application explains-that the partition will not impede the
future use of the remainder of the tract as residential uses. The lot area for proposed Parcel l is large enough
to accommodate the two units on-site.
The second criterion for the approval of a partition is that, "The develop-mient of-the remainder -of any
adjoining land or access therato will not be impeded. " The application materials indicate that no
impediments are to be created by the proposed partition, and emphasize that all adjacent lots have adequate
parking on-site and on the frontages of the property along High or Manzanita to accommodate the existing
on-street parking credits for the unit at 105 Manzanita.
The third approval criterion is that, "The partition plan conforms to applicable City-adopted neighborhood
or districtplans,_ if any, and any previous land use approvals for the subject ar_ea." In this instance, there are
no adopted neighborhood or district plans which apply in- this vicinity or previous approvals, to the
applicant's knowledge, that would prevent the proposed partition.
The fourth criterion is that, ' he tract of land has not been partitioned for 12 months. " The application
notes that the-property has not been partitioned in the past 12 months-.
The fifth criterion for approval is that the "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 applicants note-that the property -is zoned R2, and each proposed lot_ exceeds the
minimum lot size and lot width of the zoning district. They further note that the solar-setback for the-
properties is not altered- through the partition. The lot coverage onproposed Parcel l is 32-percent and-the lot
coverage on proposed Pareai 2 is 49-pereent, both significantly less than the allowed 65-percent in_theiK -2
zone- Parcel 1 has required recreational areafor use of the tenants in the fo m.of the 446-square-foot-m-ar
patio and bike parking spaced can be found on the back patio, under the porch, consistent with the 2001 Site
Design Review-Approvatfor-the two d-,velling units, 105 and 107 Manzanita. There is-a non-conforming side
setback (7 feet instead of 10 feet) for the residence on proposed Parcel 1. The house was built-in 1915, and is
pre-existing-non-conforming. The partition does not increase this non-conformity. The remaining setbacks
conform to the underlying zone requirements.
The sixth 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 Preliminaiy Flag Lot Partition Plat
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Criteria. " The application explains that the driveway provides 4 spaces, two for 107 Manzanita (Parcel 1)
and two spaces in the garage for 103 Manzanita (Parcel-2). The parking for the second unit on proposed
Parcel 1(105 Manzanita) are on-street credits on High Street as approved at the time of development of that r
unit. G
The seventh 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. " Separate services are in place and service the existing units- separate
water, sewer and electric services. No modifications are proposed.
The eighth criterion addresses partitions along unpaved streets. This is not applicable because the frontages
here- (Manzanita and High Street) are fully improved with paving in place.
The ninth criterion provides 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 not an alley.
The tenth criterion for a land partition is that, ",required State and Federal permits, as applicable, have been
obtained or can reasonably be obtained prior to development. " Because the application is limited to a land
partition and is not associated with any development there are no federal or state permits required.
The final approval criterion is that, "A partition plat containing one or mor e flag_lots shall additionally meet
the criteria- in section 18.5.3.060. " No flag lots are proposed as-part of the partition.
Tlie criteria-for Preliminary Partition Plat approval are-described in AMC 18.63.050 as follows:
The approval authofity 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 remainderof 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 standa- ds, perpart 18.4
(e.g., parking and access, -tree preservation, solar access and or;entation).
F. Accesses to individual lots conform to the standards-in-section 18.4.3, 080 Vehicle Area Design. See
also, 18.6:3.060 Additional Preliminary Flag Lot-Partition Plat Criteria.
a The proposed streets; utilities, and surface water drainage facilities confbrm-to the street design
standards and other requirements in part 18.4, and allow for transitions-to existing and potential
future development on adjacent lands. The preliminary plat shall identify all proposed-public
improvements and dedications.
H. Unpaved Streets.
1. Minimum Street Improvement. When there exists a 20-foot wide access along the entire
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street frontage of the parcel to -the nearest fully improved collector or arterial street, as
designated in -the Comprehensive Plan, such access shalt 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
Directorexcept 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
th-.ereof. 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.
L Where an alley exists adjacent to the partition, access may be required to be provided ft-om 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.
K. A partition--plat containing one or more flag lots shall additionally meet the criteria in section
18.5.3.060.
The application with the attached conditions complies with all applicable City ordinances. Planning Action
#20-18-00591 is approved with the following conditions. Farther, if any one or more of the following
conditions are found to be invalid for any.reason whatsoever, then Planning.Action-2018=00591 is-denied.
The following conditions are- attached to the approval.
1) That all proposals of the applicant shall be conditions of approval unless otherwise modified herein-
-2) Prior to signature of the-final survey plat:
a) That a final survey plat-shall be submitted within 18 months of the final decision date of the
preliminary partition plat for review and approval by the City of Ashland.
PA #2018-00591
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b) That all easements for public and private utilities, fire apparatus access, and reciprocal utility,
maintenance-easements and parking and access easements shall be indicated on the final
survey plat as required by the Ashland Engineering Division.
c) That a final utility plan for the parcels shall be submitted- for review and approval by the
Planning, Engineering, and Building Divisions prior to signature of the final -survey plat. The
utility plan shall include the location of connections to all public facilities including the
locations of water lines and meter sizes, fire hydrants, sanitary sewer lines, storm drain lines
and electric-services.
2 Z'O I's
BiN Molnar, C mmunity Development Director Date
Dep-&-tm of Community Development
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AFFIDAVIT OF MAILING
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STATE OF OREGON )
County of Jackson )
The undersigned being first duly sworn states that:
1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland, I'
Oregon 97520, in the Community Development Department.
2. On May 9, 2018 1 caused to be mailed, by regular mail, in a sealed
envelope with postage fully prepaid, a copy of the attached planning action notice to
each person listed on the attached mailing list at such addresses as set forth on this list
under each person's name for Planning Action #PA-2018-00591, 103 Manzanita Street.
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Sign "t re of Employee
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PA-2018-00591 391 E05DD 2600 PA-2018-00591 391 E05DD 3000 PA-2018-00591 391 E05DD 4600
CAPP VICKI F/GREGORY W CIPES PETER LAWRENCE TRUSTEE ET COMBS ANTHONY M/MARTHA D
59 MANZANITA ST 317 N MAIN ST 3309 E 7TH AVE PKY
ASHLAND, OR 97520 DENVER, CO 80206
ASHLAND, OR 97520
PA-2018-00591 391 E05DD 4501 PA-2018-00591 391 E05DD 7402 PA-2018-00591 391 E05DD 8600
CRAWFORD ROBERT D/WENDY G CULLEN PATRICIA P TRUSTEE ET AL DELUCA RONALD L TRUSTEE ET AL
310 HIGH ST 205 MARGO WAY 228 MORNINGLIGHT DR
ASHLAND, OR 97520 PISMO BEACH, CA 93449 ASHLAND, OR 97520
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PA-2018-00591 391 E05DD 7401 PA-2018-00591 391 E05DD 5501
HEYCKE TORSTEN ERNST TRUSTEE ET KOVTUNOVICH THEODORE J TRUSTEE PA PA--202018-JOAN00591 391 CATHERINE E05DD 44 4400
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AL ET AL 7LEWIS 7 MANZANITA ST ET AL
323 HIGH ST 276 ALMOND ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2018-0051 391 E05 DID 7000 PA-2018-00591 391 E05DD 4300 PA-2018-00591 391 E05DD 80003 VIII
LOMBARD BERNADETTE MANDELL'S INC MC KAY GEORGE W TRUSTEE FBO
133 MANZANITA ST 468 SCENIC DR PO BOX 272
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2018-00591 391 E05DD 80004 PA-2018-00591 391 E05DD 4500 PA-2018-00591 391 E05DD 5701
MCCLURE LEE A MILLER LAUREL/SHERMAN MITCHELL MITCHELL KATHLEEN K TRUSTEE ET AL
1860 ST CLAIR ST 107 MANZANITA ST 80855 WEISKOPF
MEDFORD, OR 97504 ASHLAND, OR 97520 LA QUINTA, CA 92253
PA-2018-00591 391 E05DD 4800 PA-2018-00591 391 E05DD 3100 PA-2018-00591 391 E05DD 80001
MITCHELL-HODGE J K/MELISSA NEWCOMBE PAMELA G PETERSON JUDITH TRUSTEE ET AL
271 HIGH ST 321 MAIN ST N 69 MANZANITA ST APT 1
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2018-00591 391 E05DD 7200 PA-2018-00591 391 E05DD 4700 PA-2018-00591 391 E05DD 7300
ROLLE WAYNE ERNEST TRUSTEE ET AL RUSSELL JEANETTE M POSTON SCOTT JAMES R JR ET AL t
311 HIGH ST 283 HIGH ST 315 HIGH ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
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PA-2018-00591
PA-2018-00591 391 E05DD 80002 1 PA-2018-00591 391 E05DD 7100 ROGUE PLANNING & DEVELOPMENT
UHERBELAU JUDITH H WESTERMAN LAURA L
PO BOX 488 1 252 TIMBERLAKE DR SRVCS AMY GUNTER
ASHLAND, OR 97520 ASHLAND, OR 97520 33 N CENTRAL AVE STE 213
MEDFORD, OR 97501
PA-2018-00591 PA-2018-00591 PA-2018-00591
LJ FRIAR & ASSOCIATES JIM HIBBS ODOT REGION 3 DISTRICT 8 RVTD
1585 SISKIYOU BLVD STE B 100 ANTELOPE RD 3200 CRATER LAKE AVE
MEDFORD, OR 97504 WHITE CITY, OR 97503 MEDFORD, OR 97504-9075
PA-2018-00591
RVCOG ROGUE VALLEY COUNCIL OF 103 Manzanita
GOVERNMENTS 5/9/18 NOD
PO BOX 3275 28
CENTRAL POINT, OR 97502
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Planning Department, 51 Wlnuurn Way, Ashland, Oregon 97520 I F
541-488-5305 Fax: 541-552-2050 www,ashland.or.us TTY; 1-800-735-2900
NOTICE OF APPLICATION
PLANNING ACTION: PA- 2018-00591
SUBJECT PROPERTY: 103 Manzanita St
OWNERIAPPLICANT: Laurel Miller & Mitch Sherman
DESCRIPTION: A request for a Land Partition to divide the 13,614 square-foot parcel at 103 Manzanita Street into two
parcels, one 7,071 square-feet and one 6,543 square-feet. COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-
Family Residential; ZONING: R-2; ASSESSOR'S MAP: 391 E 05DD; TAX LOT: 4500
NOTICE OF COMPLETE APPLICATION: April 9, 2018
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: April 23, 2018
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PLANNING ACTION ##2018-00591
_ ' (I ! SUBJECT PROPERTY
- 103 MANZANITA ST
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The Ashland Planning Division Staff has received a complete application for the property noted above.
Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 5.1 Winburn Way,
Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above.
Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice
is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the comment period
and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice
of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staff's decision must
be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.5.1.050.G)
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application,
by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the
Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal
to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity
to allow this Department to respond to the issue precludes an action for damages in circuit court.
A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be
provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services
Building, 51 Winburn Way, Ashland, Oregon 97520.
If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305.
GAcomm-de0planningTIanning Actions\Noticing FolderWailed Notices & Signs\2018\PA-2018-0059 1.docx
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PRELIMINARY PARTITION PLAT
18.5.3.050
The approval authority shall approve an application for preliminary partition plat approval only where all of the following criteria are met.
A. The future use for urban purposes of the remainder of the tract will not be impeded.
B. The development of the remainder of any adjoining land or access thereto will not be impeded.
C. The partition plan conforms to applicable City-adopted neighborhood or district plans, if any, and any previous land use approvals for the subject area.
D. The tract of land has not been partitioned for 12 months.
E. Proposed lots conform to the requirements of the underlying zone, per part 18.2, any applicable overlay zone requirements, per part 18.3, and any applicable
development standards, per part 18.4 (e.g,, parking and access, tree preservation, solar access and orientation).
F. Accesses to individual lots conform to the standards in section 18.4.3.080 Vehicle Area Design. See also, 18.5.3.060 Additional Preliminary Flag Lot Partition
Plat Criteria.
G. The proposed streets, utilities, and surface water drainage facilities conform to the street design standards and other requirements in part 18.4, and allow
for transitions to existing and potential future development on adjacent lands. The preliminary plat shall identify all proposed public improvements and
dedications.
H. Unpaved Streets.
1. Minimum Street Improvement. When there exists a 20-foot wide access along the entire street frontage of the parcel to the nearest fully improved
collector or arterial street, as designated in the Comprehensive Plan, such access shall be improved with an asphaltic concrete pavement designed
for the use of the proposed street. The minimum width of the street shall be 20-feet with all work done under permit of the Public Works Department.
2. Unpaved Streets. The Public Works Director may allow an unpaved street for access for a land partition when all of the following conditions exist.
a. The unpaved street is at least 20-feet wide to the nearest fully improved collector or arterial street. The City may require the street to be graded
(cut and filled) to its standard physical width, and surfaced as required in chapter 18.4.6 prior to the signature of the final partition plat by the City.
b. The centerline grade on any portion of the unpaved street does not exceed ten percent,
c. The final elevation of the street shall be established as specified by the Public Works Director except where the establishment of the elevation
would produce a substantial variation in the level of the road surface. In this case, the slope of the lot shall be graded to meet the final street
elevation.
d. Should the partition be on an unpaved street and paving is not required, the applicant shall agree to participate in the costs and to waive the rights
of the owner of the subject property to remonstrate both with respect to the owners agreeing to participate in the cost of full street improvements
and to not remonstrate to the formation of a local improvement district to cover such improvements and costs thereof. Full street improvements
shall include paving, curb, gutter, sidewalks, and the undergrounding of utilities. This requirement shall be precedent to the signing of the final
survey plat, and if the owner declines to so agree, then the application shall be denied.
1. Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from the street.
J. Required State and Federal permits, as applicable, have been obtained or can reasonably be obtained prior to development.
c
G:\comm-dev\planning\Planning Actions\Noticing FolderWailed Notices & Signs\2018\PA-2018-00591.docs
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E
AFFIDAVIT OF MAILING
E
STATE OF OREGON )
County of Jackson )
e
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 April 9, 2018 1 caused to be mailed, by regular mail, in a sealed
envelope with postage fully prepaid, a copy of the attached planning action notice to
each person listed on the attached mailing list at such addresses as set forth on this list
under each person's name for Planning Action #PA-2018-00591, 103 Manzanita St.
Signature of Employee
C:1Userslsmithda.AFNHBDesktoplAFFIDAVIT OF MAILING_ds.dou 4/912018
PA-2018-00591 391 E05DD 2600 PA-2018-00591 391 E05DD 3000 PA-2018-00591 391 E05DD 4600
CAPP VICKI F/GREGORY W APES PETER LAWRENCE TRUSTEE ET COMBS ANTHONY M/MARTHA D
59 MANZANITA ST 317 N MAIN ST 3309 E 7TH AVE PKY
ASHLAND, OR 97520 ASHLAND, OR 97520 DENVER, CO 80206
PA-2018-00591 391 E05DD 4501 PA-2018-00591 391 E05DD 7402 PA-2018-00591 391 E05DD 8600
CRAWFORD ROBERT D/WENDY G CULLEN PATRICIA P TRUSTEE ET AL DELUCA RONALD L TRUSTEE ET AL c
310 HIGH ST 205 MARGO WAY 228 MORNINGLIGHT DR
ASHLAND, OR 97520 PISMO BEACH, CA 93449 ASHLAND, OR 97520
PA-2018-00591 391 E05DD 7401 PA-2018-00591 391 E05DD 5501 PA-2018-00591 391 E05DD 4400
HEYCKE TORSTEN ERNST TRUSTEE ET KOVTUNOVICH THEODORE J TRUSTEE LEWIS JOAN CATHERINE ET AL
AL ET AL 77 MANZANITA ST
323 HIGH ST 276 ALMOND ST ASHLAND, OR 97520
ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2018-00591 391 E05DD 7000 PA-2018-00591 391 E05DD 4300 PA-2018-00591 391 E05DD 80003
LOMBARD BERNADETTE MANDELL'S INC MC KAY GEORGE W TRUSTEE FBO
133 MANZANITA ST 468 SCENIC DR PO BOX 272
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2018-00591 391 E05DD 80004 PA-2018-00591 391 E05DD 4500 PA-2018-00591 391 E05DD 5701
MCCLURE LEE A MILLER LAUREL/SHERMAN MITCHELL MITCHELL KATHLEEN K TRUSTEE ET AL
1860 ST CLAIR ST 107 MANZANITA ST 80855 WEISKOPF
MEDFORD, OR 97504 ASHLAND, OR 97520 LA QUINTA, CA 92253
PA-2018-00591 391 E05DD 4800 PA-2018-00591 391 E05DD 3100 PA-2018-00591 391 E05DD 80001
MITCHELL-HODGE J K/MELISSA NEWCOMBE PAMELA G PETERSON JUDITH TRUSTEE ET AL
271 HIGH ST 321 MAIN ST N 69 MANZANITA ST APT 1
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2018-00591 391 E05DD 7200 PA-2018-00591 391 E05DD 4700 PA-2018-00591 391 E05DD 7300
ROLLE WAYNE ERNEST TRUSTEE ET AL RUSSELL JEANETTE M POSTON SCOTT JAMES R JR ET AL
311 HIGH ST 283 HIGH ST 315 HIGH ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2018-00591 391 E05DD 80002 PA-2018-00591 391 E05DD 7100 PA-2018-00591
UHERBELAU JUDITH H WESTERMAN LAURA L ROGUE PLANNING & DEVELOPMENT
PO BOX 488 252 TIMBERLAKE DR SRVCS AMY GUNTER
ASHLAND, OR 97520 ASHLAND, OR 97520 33 N CENTRAL AVE STE 213
MEDFORD, OR 97501
PA-2018-00591 PA-2018-00591 PA-2018-00591
LJ FRIAR & ASSOCIATES JIM HIBBS ODOT REGION 3 DISTRICT 8 RVTD
1585 SISKIYOU BLVD STE B 100 ANTELOPE RD 3200 CRATER LAKE AVE
MEDFORD, OR 97504 WHITE CITY, OR 97503 MEDFORD, OR 97504-9075
PA-2018-00591
RVCOG ROGUE VALLEY COUNCIL OF 103 Manzanita
GOVERNMENTS 4-9-2018 NOC
PO BOX 3275 28
CENTRAL POINT, OR 97502
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ZONING IT APPLICATION
Planning
Division- 51 Winbntn Way, Ashland OR 9'520 FILE #
'ACITY SHLA 541-488-5305 Fax 541-488-6006
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DESCRIPTION OF PROJECT
DESCRIPTION OF PROPERTY Pursuing LEED® Certification? ❑ YES ❑ NO
Street Address I 3 , (46L P64_~ )t) dV"-
Assessor's Map No. 39 1 E Tax Lot(s)
Zoning ~1 ° i1°1 s 1 -j kkComp Plan Designation
APPLICANT
cc
Name G.LoA Ck4 `u <_N1 NA ~91 Phone 9)J 11" )-!G) Mail YW rlyki ( 6~ j V -H _
Address Mel 0-70 Wka ~ City vv ~ ca V1Ct Zip ~ T ~~ko ,
PROPERTY OWNER
Name 56(ft Phone E-Mail ~ ` lfk t ~ 1 0_ (
Ujn1/\.'_ Zip ljj`~Vp.
Address P1 htfQ_ kJaK City,1f,-
SURVEYOR ENGINEER ARCHITECT LAN~~DgqSCAPE ARCHITECT OTHER
Title ~ r')f~C1` Name l -b ('l to, `•~j Phone`5Li I -g514j0 L0 E-Mail ~av►j!)w%
Address 3 city Zi 'Z~aY,
Title Name Phone E-Mail
Address City Zip
I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects,
true and correct. /understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their
location found to be incorrect, the owner assumes full responsibility. I further understand that if this request is subsequently contested, the burden will be on me to
establish:
1) that I produced-sufficient factual evidence at the hearing to support this request;
2) that the findings of fact furnished justifies the granting of the request;
3) that the findings of fact furnished by me are adequate; and further
4) that allstructures 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
1 be r my expense. If doubt am-ad ised to seek competent professional advice and assis ance.
s ignature Date
9
As owner of the property in d this -request, l ha e read and understood the complete-application and its consequences to me as a property
wn r.
- /r
roperty Owner's Signature (required) I)ate
]To be completed by City Staff]
Date Received Zoning Permit Type - Filing Fee $
OVER 0
Glcomm-dev\planning\Fm-s & Handouts\Zoning Permit Application.doc
March 28, 2018
Minor Land Partition
Subject Property
Property Addresses: 103, 105 and 107 Manzanita Street
Map and Tax Lot: 39 1E 05DD: Tax Lot 4500
Comprehensive
Plan Designation: Multi-Family Residential
Zoning: R-2
Adjacent Zones: R-2
Lot Area: 13,614 square feet
Property Owner: Laurel Miller and Sherman Mitchell
107 Manzanita Street
Ashland, OR 97520
Applicant: Rogue Planning & Development Services
33 N Central Avenue, Suite 213
Medford, OR 97501
Surveyor: U Friar & Associates
Jim Hibbs
1585 Siskiyou Blvd. Suite B
Medford, OR 97504
Page 1 of 8
Request:
Request for minor land partition approval to divide the parcel at 391E05DD; 4500 into two separate
parcels.
Property Description:
The property is at the northeast intersection of Manzanita and High Street.
The property is occupied by three residential units and a detached, two vehicle garage.
The subject properties and the properties to the north and east are zoned Multi-Family Residential (R-
2). The properties to the west, across High Street and to the south across Manzanita are zoned Single
Family Residential (R-1-7.5). The site of the former Briscoe Elementary occupies the properties to the
south of the property.
The property proposed for division is 13,614-square feet in area. The properties and an adjacent parcel
to the north were approved for a three-parcel partition in the early 2000s (PA2001-078). That partition
recorded only one of the parcels and the lot proposed for partition was Parcel #2 and Parcel #3 on the
original application. That application also permitted the duplexing of the main residence and allowed for
the construction of the 1,008 square foot cottage.
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.
The property is presently accessed via a shared driveway that is on the south side of proposed Parcel #2.
The driveway provides access to a two-vehicle garage and to two parking spaces for proposed Parcel #1
that are within an shared access agreement.
There are curb, gutter, and sidewalks along both frontages of the property.
There is an existing Conditional Use Permit for an accessory travelers accommodation that will remain
in place until the partition plat is recorded.
Proposal:
The request is to divide the property into two parcels. Proposed Parcel #1 is proposed to be 7,071 square
feet in area. This parcel would be at the northeast corner of Manzanita and High Streets contains a 2,892
square foot duplexed residence at 107 and 105 Manzanita (of the 2,892 square feet, 1,080 is basement).
The structure was constructed in 1915 and is considered a Historic Contributing structure in the historic
resources inventory for the Skidmore Academy Historic District.
MOODY, ZENAS & CATHERINE HOUSE 1915c
107 MANZANITA ST 391 E05DD 4500
20th Century American: Bungalow Historic Contributing
Catherine and Zenas Moody purchased this parcel in October 1900 and lived in the earlier dwelling on
Page 2 of 8
the site, located to the north of the present structure. Sometime after 1911, according to Sanborn Fire
Insurance Maps, the couple built this second residence on the property. The earlier home was designated
as 103 Manzanita and the subject bungalow retained the family's longtime address of 107 Manzanita.
Zenas Moody was a stationer and worked as the local agent for the Oregon Journal newspaper. The house
remained in the Moody family until Zenas' death in 1939.
A fine example of the bungalow form, the one and one-half story Moody House retains a full-width
porch with large paired supports. A central gable dormer, projecting brackets, narrow clapboard siding
and other detailing are all intact and typical of the style. The Moody House retains very high integrity
and admirably relates the period of significance. (City of Ashland Historic Resources Inventory).
Proposed Parcel #2 would be occupied by the 1,008 square foot cottage, and the 360 square foot garage.
The proposed dimensions, areas, lot coverages, most setbacks, access, parking, and tree protection for
Parcels #1 and Parcel #2 comply with the standards for the R-2 zone. The side yard setback abutting
Hight Street is seven feet versus ten feet required by code. The structure, built around 1915 is pre-
existing non-conforming and the partition does not increase this non-conformity.
Both parcels will have more than 5,000 square feet of area, the minimum in the R-2 Zone. Parcel #1 is
proposed to be 7,071 square feet and Parcel #2 is proposed to be 6,543 square feet in area. Both
parcels comply with minimum lot width of 50 feet. Both parcels meet minimum lot depth in the zone
as well and exceed 80-feet.
The existing duplexed residence on Parcel #1, and the site improvements account for less than 65
percent coverage and most setbacks are met (side yard abutting High is less than 10-feet and is pre-
existing non-conforming from 1915). The maximum permitted floor area (MPFA) is also complied with.
The maximum floor area for a 7,071 is 2,404 square feet. The existing residence is less than the
maximum with 1,812 square feet on the first and second floors, the 1,080 square foot basement is
excluded from the MPFA calculations). The site review from 2001 allowed for on-street parking credit
for the second unit and the parking for the primary residence is via two parking spaces near Manzanita
Street that area accessed via the shared driveway. The parking spaces are primarily located on
proposed Parcel #1 with a shared accessed from proposed Parcel #2. The proposed lot area of 7.071
square feet provides adequate area for the two dwelling units on the site. No changes to the site are
anticipated as part of this proposal. The original site reviews that allowed for the duplexing will not be
altered. Bicycle parking for the units at 107 and 105 Manzanita
Proposed Parcel #2 is accessed via the shared driveway from Manzanita Street. The parking for Parcel
#2 is in the two-vehicle garage. The site is occupied by a 2003 built, 1008 square foot single story, two-
bedroom cottage. The proposed lot width of 67.45-feet exceeds the minimum lot width in the zone.
The MPFA for the 6,543 square foot lot is 2,188 square feet in area. The existing residence is
substantially less than the allowed MPFA.
Findings addressing the criteria from the Ashland Municipal Code can be found on the following pages.
Page 3 of 8
Ashland Municipal Code
18.5.3.050 Preliminary Partition Plat Criteria
A. The future use for urban proposes of the remainder of the tract will not be impeded.
The future use of the remainder of the tract as residential uses will not be impeded by the proposal. The
lot area of proposed Parcel #1 is large enough for the two exiting units. Proposed Parcel #2 is large
enough to accommodate the existing residence, garage and parking areas on the site.
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. There is adequate parking on site and on the frontage of the property
along either High or Manzanita Street to accommodate the existing on-street parking credits for the
unit at 105 Manzanita Street.
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 plans. The partition of the property will not have an impact on
the Historic District Design Standards for the Skidmore Academy Historic District. To the applicant's
knowledge, there are not previous approvals for the subject properties that would prevent the proposed
partition. The previous site review for the second unit in the basement of the historic contributing
residence will not be impacted by 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).
The proposed parcels conform to the requirements of R-2 zone. Both parcels will have more than 5,000
square feet of area. Parcel #1 is proposed to be 7,071 square feet and Parcel #2 is proposed to be 6,543
square feet in area. Both parcels comply with minimum lot width of 50 feet.
Parcel #1 has the 89.95 feet of frontage along Manzanita Street. Parcel #2 has 67.45 feet of frontage
on Manzanita Street.
Page 4 of 8
The solar setback for the properties is not altered through the partition. The north lot line is not
impacted by the proposed minor land partition. Both parcels have approximately four percent slope
downhill to the north. This requires a minimum north/south lot dimension of 74 feet. Both proposed
parcels exceed 74 feet north to south lot dimension (21 - 6 = 15 1.405 = 37.03).
The existing development on proposed Parcel #1 provides adequate parking for the single-family
residence, and the existing accessory residential unit consistent with the 2001 approval. The existing lot
improvements of structure, and porch area accounts for 1,392 square feet of area. In addition, there is
420 square feet of paved parking area, and 460 square feet of patio, pathway and other porous solid
surface improvements. The total coverage on proposed Parcel #1 is 2,272 square feet which is 32
percent coverage, substantially less than the 4,596.15 square feet of allowed impervious surfaces in the
R-2 zone. No setbacks or other modifications are proposed.
Required bicycle parking for the units can be found on the oversized front porch of 107 Manzanita with
two spaces. At the rear of 107 Manzanita, on the back patio, under the porch, there is a bike parking
space provided to the tenants. No changes to the site were envisioned since the property has been
operating consistent with the 2001 approval.
Required recreational area for the use of the tenants of the property can be found on the rear patio
area that is 446 square feet in area and on the substantial yard area found adjacent to the residence on
the High Street side of the property.
Proposed Parcel #2 is occupied by a 1008 square foot, single story cottage and the 360 square foot two
vehicle garage. The garage is six feet away from the residence and is not included in the MPFA
calculations for the property. The parking for the residence is in the two-vehicle garage that is accessed
via the Manzanita Street driveway. Proposed Parcel #2 has substantially less coverage area than
allowed in the R-2 zone. There is 1,528 square feet of coverage from structures. There is 900 square feet
of driveway and a 346 square foot patio. There are 462 square feet of patio and pathway area that is
gravel surfaces. The total coverage on the site is 3,236 square feet in area (49 percent) which is less
than the maximum allowed square footage of 4253 square feet in area.
No modifications to the landscaping are anticipated.
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 property provides for four parking spaces. Two for 107 Manzanita
(Proposed Parcel #1) and two in the garage for 103 Manzanita (Proposed Parcel #2). The parking for
the second unit on proposed Parcel #1 (105 Manzanita), are on-street credits on High Street as
approved at the time of development of that unit.
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
Page 5 of 8
development on adjacent lands. The preliminary plat shall identify all proposed public improvements
and dedications.
Separate services are in place and service the existing units. There are separate water, sewer and
electric services on the property. No modifications are proposed.
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.
Both streets are paved.
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.
N/A
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.
Page 6 of 8
Attachments:
A) Vicinity map
B) Preliminary Partition Map
C) Existing Conditions Site Plan
Page 7 of 8
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SURVEY BY. s --i
Job Address: 103 MANZANITA ST Contractor:
ASHLAND OR 97520 Address:
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Owner's Name: MILLER LAUREL/SHERMAN MITCH 0 Phone:
Customer 08357 State Lic No:
MILLER LAUREL/SHERMAN MITCH T City Lic No: I
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Applicant: 107 MANZANITA ST R
Address: ASHLAND OR 97520 A
c Sub-Contractor:
A Phone: T Address:
N Applied: 03/29/2018 0
T Issued: R
Expires: 09/25/2018 Phone:
State Lic No:
Maplot: 391 E05DD4500 City Lic No:
DESCRIPTION: Minor Land Partition
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) 1,184.00
E;
CONDITIONS OF APPROVAL
f`
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
CTY OF
Inspection Request Line: 541-552-2080 I
r a w_
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: $ 1,184.00 $ 1,184.00
or local laws, ordinances, or regulations rests solely with the
applicant. Sub-Total: $ 1,184.00
Fees Paid: $ 1,184.00
l
Applicant Date Total Amount Due: $ 0
r
COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 East Main St. Fax: 541-488-5311
Ashland, OR 97520 TTY: 800-735-2900
www.ashland.or.us
Inspection Request Line: 541-552-2080 CITY F
St _1L A N