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HomeMy WebLinkAboutRandy_143_&_147_PA-T1-2020-00105_PA-T1-2020-00106CITY OF S V11 j July 1, 2020 Notice of Final Decision On July 1, 2020, the Community Development Director approved tile request for the following: Planning Action: IA-Tl -2020-00 105 & PA-T 1 -2020-00106 Slllljcct Property: 143 & 147 Randy Street Applicant: Kyle Taylor Description: PA-TI-2020-00105: A request for land use approval for a Solar Setback Exception for a fence along the northern property line. The affected properties (130 Cyprus Circle, 134 Cyprus Circle, 720 Laurel St.) have provided initial consent to the process. When fences are built along a northern property line fence height is regulated to average grade. In the present application the applicant proposes a six-foot fence oil top of a newly constructed retaining wall which will cause a shadow greater than would be normally allowed. Owners of the affected properties to the north have consented to the proposed shading. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R- 1 -5; ASSESSOR'S MAP #: 3 9 1 E 04 13C; TAX LOT: 140 PA-TI-2020-00106: A request for land use approval for a Solar Setback Exception for a fence along the northern property line. The affected property is 134 Cyprus Circle and has provided initial consent to the process. When fences are built along a northern property line fence height is regulated to average grade. In the present application the applicant proposes six- foot fence on top of a newly constructed retaining wall which will cause a shadow greater than Would be normally allowed. Owners of the affected properties to the north have consented to the proposed shading. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; ASSESSOR'S MAP H: 391 E 04 BC; TAX LOT: 139 'File Community Development Director's decision becomes final and is effective on the 12"' 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, 'File application, all associated documents and evidence submitted, and the applicable criteria are available for review at the Ashland C0111111LInity Development Department, located at 51 Winburn Way. Copies of file documents Call be requested and are charged based oil tile City of Ashland copy fee schedule. Prior to tile final decision date, anyone who was mailed this Notice: of Final I)ccision may request a reconsideration of tile action as set forth in the Ashland Land Use Ordinance (AI,UO) 18.5.1.050(F) and/or file an appeal to the Ashland Planning Commission as provided in AUJO 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 Aaron Anderson in the Community Development Department at (541) 488-5305, cc: Parties of record and property owners within 200 ft COMMUNtTY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 L �vw ashhanu (Lor,s � SECTION 18,5.1.050 Type I Procedure (Administrative I)ecision with Notice) E. Fffective 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 ,is set forth below. I. Any party entitled to notice of the planning action, or any City department may request reconsideration of tile 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 tile decision. Reconsideration requests are limited to factual errors and not the failure of all issue to be raised by letter or evidence during the opportunity to provide public input on the application sufficient to afford the Staff Advisor all Opportunity to respond to the iSSLIC: prior to making a decision. 2. Reconsideration requests shall be received within five (lays 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 all error occurred Crucial to the decision, the Staff Advisor shall withdraw the decision for purposes of reconsideration. Tile Staff Advisor shall decide within ten (lays to affirm, nlodifI', 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 I)ecision. A Type I decision may be appealed to the planning Commission, pursuant to the following: 1. Who May Appeal,Tlic 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, L050,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 Qf,41)peal. Any person with standing to appeal, as provided in subsection 18.5.1.050.G.1, above, may appeal aType 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 all appellant prevails at the hearing or upon subsequent appeal, the fee for the initial hearing shall be refunded. b. Time for P"iling. A notice of appeal shall be filed with the Staff Advisor within 12 days of tile date the notice of decision is mailed, c. Content ofAlotice q ,f,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. 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. Tile appeal requirements of this sCCti011 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 tile Staff Advisor shall be cle novo hearings before the Planning Commission, The appeal shall not be limited to the application materials, evidence and other documentation, and specific issues raised in the review leading up to the Type I decision, but may include other relevant evidence and arguments. The Commission may allow additional evidence, testimony, or argument concerning any relevant ordinance provision, 4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type 11 public hearing procedures, pursuant to section 18.5.1,060, subsections A -- E, except that the decision of the Planning Commission is tile filial decision of tile City on an appeal of a Type I decision. A decision oil an appeal is final the date the City mails the adopted and signed decision. Appeals of Commission decisions must be: filed with the State Land Use Board of Appeals, pursuant to ORS 197.805 - 197,860. COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 ashkmd.orms . ........... — . . ..... ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA-Ti-2020-00105 SUBJECT PROPERTY: 147 Randy Street OWNER/APPLICANT: Kyle Taylor DESCRIPTION: A request for land use approval for a Solar Setback Exception for a fence along the northern property line. The affected properties (130 Cyprus Circle, 134 Cyprus Circle, 720 Laurel St.) have provided initial consent to the process. When fences are built along a northern property line fence height is regulated to average grade. In the present application the applicant proposes a six-foot fence on top of a newly constructed retaining wall which will cause a shadow greater than would be normally allowed. Owners of the affected properties to the north have consented to the proposed shading. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; ASSESSOR'S MAP #: 391E 04 BC; TAX LOT: 140 SUBMITTAL DATE: April 22, 2020 DEEMED COMPLETE DATE: May 22, 2020 STAFF APPROVAL DATE: July 1, 2020 APPEAL DEADLINE (4:30 P.M.): July 13, 2020 FINAL DECISION DATE: July 14, 2020 APPROVAL EXPIRATION DATE: January 14, 2021 DECISION The subject parcel is lot -three of the Hchnan Heights Subdivision (See PA-2017-01199). The parcel is a flag lot measuring 0.17 acres in area and is developed with a single-family home. The application is for a waiver to the solar standards for a proposed fence along the northern property line. Fences along northern property lines are regulated in height to the natural grade. The Helman Heights subdivision was built on a hill with an average slope of six percent to the north. Due to the topography a retaining wall approximately thirty-two inches in height was built along the northern property line to provide a level yard area. The application proposes to build a six-foot fence on top of the retaining wall which will cast a shadow onto the property to the north greater than the shadow which would be cast by a six-foot fence built on the property line at natural grade. Therefore, a Solar Setback Exception is required before a fence permit can be issued. The application includes a shadow plan illustrating the shadow cast by a six-foot fence at the natural grade, and the shadow to be cast by the proposed fence. The application materials also include letters from each of the three affected property indicating their consent to the Solar Waiver. The application materials make clear that the proposed fence will not preclude the reasonable use of solar energy on the neighboring properties to the north by future buildings as the properties are already developed and any additional building would be required to be built to a standard ten foot rear yard setback. In addition, the affects on the properties at 130 Cyprus Circle and 720 Laurel St, based on their PA-TI-2020-00105 147 Randy Stha Page 1 relationship to the subject parcel are very minor. The property at 130 Cyprus circle has a triangular yard which comes to a point at the northern edge of the subject property, based on the area that is shaded and standard setbacks this small area has no development potential. Similarly, the property at 720 Laurel St is only adjacent to the subject property for a length of approximately twenty feet, as such the area affected is the only the south cast corner of the lot. The proposed fence will cast a shadow on the winter solstice that is 20'9", which is 5'5" longer than if the fence were built at the natural grade (14'4"). However, when considering the location of the retaining wall, which is stacked block and entirely on the subject property, the actual location of the proposed fence will be setback roughly eighteen inches to the south. This means that the applicants shadow drawing is overestimating the amount of new shadow above what would normally be allowed. Based on the provided shadow plan the properties to the north will maintain most of their solar access. And as mentioned previously the affected neighbors are supportive of the request. The property faces a unique circumstance in that it sits above properties to the north based on the hill that existed on site prior to the subdivision. The proposed fence will provide additional screening while only minimally affecting the adjacent properties solar access. A condition of approval will require that a notarized agreement will be required to be recorded on the affected property. Notice of the planning action was mailed to all properties within 200 feet of the subject property as well as a physical notice posted along the fi-ontage of the property. Subsequent to the mailing of a Notice of Application, no comments about the request were received either in favor or against the application. In reviewing the request, staff concurred with the applicant that the proposed fence does not preclude the reasonable use of solar energy, nor does it diminish substantial solar access to the affected property. The criteria for a Solar Setback Exception are described in AMC Chapter 18.4.8.020.C, as follows: C. Exceptions and Variances. Requests to depart from section 18.4.8.030 Solar Setbacks are subject to 18.4.8.020.C.1 Exception to the Solar Setback, below. Deviations from the standards in section 18.4.8.050 Solar Orientation Standards are subject to subsection 18.5.2.050.E Exception to the Site Development and Design Standards. 1. Solar Setback Exception. The approval authority through a Type I review pursuant to section 18.5.1.050 may approve exceptions to the standards in 18.4.8.030 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. PA-T1-2020-00105 147 Randy St.faa Page 2 ii. A statement that the waiver applies only to the specific building orbuildings 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. L 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. In Staff s opinion the application with the attached conditions complies with all applicable City ordinances, therefore Planning Action #'1'1-2020-00105 is approved with the following conditions. Further, if any of the following conditions are found to be invalid for any reason whatsoever, then Planning Action #TI-2O2O-OOtO5 is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant shall be conditions of approval unless otherwise modified here. 2) That the applicant shall provide notarized consent forms ftorn the affected properties and pay for the recording fee. Bill Molnar, Coninninit); Develojnnent Director Department of Community Development 07.01.2020 Date PA-TI-2020-00105 147 Randy St./aa Page 3 ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA-T1-2020-00106 SUBJECT PROPERTY: 143 Randy Street OWNER/APPLICANT: Kyle Taylor DESCRIPTION: A request for land use approval for a Solar Setback Exception for a fence along the northern property line. The affected property is 134 Cyprus Circle and has provided initial consent to the process. When fences are built along a northern property line fence height is regulated to average grade. In the present application the applicant proposes a six-foot fence on top of a newly constructed retaining wall which will cause a shadow greater than would be normally allowed. Owners of the affected properties to the north have consented to the proposed shading. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; ASSESSOR'S MAP #: 391E 04 BC; TAX LOT: 139 SUBMITTAL DATE: April 22, 2020 DEEMED COMPLETE DATE: May 22, 2020 STAFF APPROVAL DATE: July 1, 2020 APPEAL DEADLINE (4:30 P.M.): July 13, 2020 , FINAL DECISION DATE: July 14, 2020 APPROVAL EXPIRATION DATE: January 14, 2021 DECISION The subject parcel is lot -two of the Helman Heights Subdivision (See PA-2017-01199). The parcel is a flag lot measuring 0.14 acres in area and is developed with a single-family home. The application is for a waiver to the solar standards for a proposed fence along the northern property line. Fences along northern property lines are regulated in height to the natural grade. The Helman Heights subdivision was built on a hill with an average slope of six percent to the north. Due to the topography a retaining wall approximately thirty-two inches in height was built along the northern property line to provide a level yard area. The application proposes to build a six-foot fence on top of the retaining wall which will cast a shadow onto the property to the north greater than the shadow which would be cast by a six-foot fence built on the property line at natural grade. Therefore, a Solar Setback Exception is required before a fence permit can be issued. The application includes a shadow plan illustrating the shadow cast by a six-foot fence at the natural grade, and the shadow to be cast by the proposed fence. The application materials also include a letter from the affected property indicating their consent to the Solar Waiver. The application materials make clear that the proposed fence will not preclude the reasonable use of solar energy on the neighboring property to the north by future buildings as the property is already developed and any additional building would be required to be built to a standard ten foot rear yard setback. The proposed fence will cast a shadow on the winter solstice that is 20'9", which is 6'5" longer than if the fence were built at the natural grade (14'4"). However, when considering the location of the PA-T1-2020-00106 143 Randy St./aa Page 1 retaining wall, which is stacked block and entirely on the subject property, the actual location of the proposed fence will be setback roughly eighteen inches to the south. This means that the applicants shadow drawing is overestimating the amount of new shadow above what would normally be allowed. Based on the provided shadow plan the property to the north will maintain most of its solar access. And as mentioned previously the affected neighbor's are supportive of the request. The property faces a unique circumstance in that it sits above properties to the north based on the hill that existed on site prior to the subdivision. The proposed fence will provide additional screening while only minimally affecting the adjacent properties solar access. A condition of approval will require that a notarized agreement will be required to be recorded on the affected property. Notice of the planning action was mailed to all properties within 200 feet of the subject property as well as a physical notice posted along the frontage of the property. Subsequent to the mailing of a Notice of Application, no comments about the request were received either in favor or against the application. In reviewing the request, staff concurred with the applicant that the proposed fence does not preclude the reasonable use of solar energy, nor does it diminish substantial solar access to the affected property. The criteria for a Solar Setback Exception are described in AMC Chapter 18.4.8.020.C, as follows: C. Exceptions and Variances. Requests to depart from section 18.4.8.030 Solar Setbacks are subject to 18.4.8.020.C.1 Exception to the Solar Setback, below. Deviations from the standards in section 18.4.8.050 Solar Orientation Standards are subject to subsection 18.5.2.050.E Exception to the Site Development and Design Standards. 1. Solar Setback Exception. The approval authority through a Type I review pursuant to section 18.5.1.050 may approve exceptions to the standards in 18.4.8.030 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. 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. PA-T1-2020-00106 143 Randy St./aa Page 2 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. In Staffs opinion the application with the attached conditions complies with all applicable City ordinances, therefore Planning Action #11-2020-00106 is approved with the following conditions. Farther, if any of the following conditions are found to be invalid for any reason whatsoever, then Planning Action #TI-2020-00106 is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant shall be conditions of approval unless otherwise modified here. 2) That the applicant shall provide notarized consent forms from the affected properties and pay for the recording fee. Bill Molnar, Community Development Director Department of Community Development 07.01.2020 Date PA-TI-2020-00106 143 Randy Stha Page 3 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 July 1, 2020, 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 miailing list at such addresses as set forth on this list under each person's name for Planning Action #PA-T1-2020-00105/00106, 143 & 147 Randy Street. Srgnature of Employee CaUsersYsm;thdaAFNHPDes.ktopWFIDAVIT OF MAC, NG.docx W112020 PA-T1-2020-00105100106 39IE04BC133 PA-T1-2020-00105100106 391 E04BC101 PA-T1-2020-00105100106 391504BC134 AMAROTICO KAREN ANDRE ALISTAIR J ET AL ARMITAGE JRIDEBRA 195 RANDY ST 142 W NEVADA ST 205 RANDY ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2020-00105100106 391 E04BC122 BRYSON JAMES RISHARON K 138 CYPRESS CIR ASHLAND, OR 97520 PA-T1-2020-00105100106 391 E04BC127 COLLINS MICHAELIMEGAN J 749 N LAUREL ST ASHLAND, OR 97520 PA-T1-2020-00105100106 391E04BC131 DELONG DIANNE S TRUST ET AL 230 85TH ST HOLMES BEACH, FL 34217 PA-T1-2020-00105100106 391EBC407 HELMAN SPRINGS HOMEOWNERS ASS 664 DRAGER ASHLAND, OR 97520 PA-T1-2020-00105100106 391E04BC128 MORRISON MICHAEL/JULIE 737 N LAUREL ST ASHLAND, OR 97520 PA-T1-2020-00105100106 391E04BC143 PDK PROPERTIES LLC 588 PARSONS DR #102 MEDFORD, OR 97501 PA-T1-2020-00105100106 391E04BC140 ROEN PROPERTIES LLC 1236 DISK DR #A MEDFORD, OR 97501 PA-T1-2020-00105100106 391E04BC600 SCHOOL DISTRICT 5 885 SISKIYOU BLVD ASHLAND, OR 97520 PA-T1-2020-00105100106 391EWC138 BURNS JACOB TRABERIMULLINS LA 205 CAMBRIDGE ST ASHLAND, OR 97520 PA-T1-2020-00105100106 391E04BC102 COOLEY SHAWN E 168 W NEVADA ST ASHLAND, OR 97520 PA-T1-2020-00105/00106 391 E04BC123 FRAZIER STEPHEN GIFRAZIER MIC 720 N LAUREL ST ASHLAND, OR 97520 PA-T1-2020-00105100106 391E04BC135 LEIGHTON JIJENNINGS BRUCE 206 CAMBRIDGE ST ASHLAND, OR 97520 PA-T1-2020-00105100106 391E04BC501 MYERS WILLIAM B/MARIE E 1711 VIEW PL MEDFORD, OR 97504 PA-T1-2020-00105/00106 391E04BC117 PEAKS JOHN F TRUSTEE ET AL 119 CYPRESS CIR ASHLAND, OR 97520 PA-T1-2020-00105100106 39lE04BC120 SACHS JAMES DIEDITH S 130 CYPRESS CIR ASHLAND, OR 97520 PA-T1-2020-00105100106 391E048C130 SCHROEDER JOHNIDEBRA K BECK 719 N LAUREL ST ASHLAND, OR 97520 PA-T1-2020-00105100106 391E04BC107 CARREAU KYLA D 176 W NEVADA ST ASHLAND, OR 97520 PA-T1-2020-00105100106 391E04BC115 CROFT NORTON E TRUSTEE ET AL 109 RANDY ST ASHLAND, OR 97520 PA-T1-2020-00105100106 391 E04BC136 HAMER BERNARD W 196 CAMBRIDGE ST ASHLAND, OR 97520 PA-T1-2020-00105100106 391E04BC129 MCKEAN O'TOOLE 2002 JOINT PROCIO STANELY NUGIT, CPA 20700 VENTURA BLVD #328 WOODLAND HILLS, CA 91364 PA-T1-2020-00105100106 391E04BC124 OUSLEY IANIKAILEY 730 N LAUREL ST ASHLAND, OR 97520 PA-T1-2020-00105100106 391E04BC106 PRATHER WILLIAM CIROBYN M 759 N LAUREL ST ASHLAND, OR 97520 PA-T1-2020-00105100106 391E04BC142 SAGE JEAN C ET AL 708 N LAUREL ST ASHLAND, OR 97520 PA-T1-2020-00105/00106 391E04BC139 SHAPIRO STEPHEN B TRUSTEE ET 143 RANDY ST ASHLAND, OR 97520 PA-T1-2020-00105/00106 391E04BC116 PA-T1-2020-00105100106 39lE04BC118 PA-T1-2020-00105f00106 39lE04BC119 SMELCER MARY L STANLEY PHILIP AIANGELICA M STOUT KEVIN P 115 CYPRESS CIR 123 CYPRESS CIR 127 CYPRESS CIR ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2020-00105/00106 391E0413C137 PA-T1-2020-00105/00106 391E04BC125 PA-T1-2020-00105100106 391E04BC100 STOUT MICHAEL JENSEN ET AL STRANBERG JOHN WISTRANBERG CY TAYLOR STEVENIWANDA 195 CAMBRIDGE ST 740 N LAUREL ST 139 RANDY ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2020-00105100106 391E04BC141 VANDEWIEL WILIMANOU 716 N LAUREL ST ASHLAND, OR 97520 PA-T1-2020-00105100106 391E046C126 WOODKE SUSAN D 1700 E MAIN ST ASHLAND, OR 97520 PA-T 1-2020-00105100106 TAYLORED ELEMENTS 1236 DISK DR #A MEDFORD, OR 97501 PA-T1-2020-00105100106 391 E04BC108 WHITESITT JOHNISANDRA 156 W NEVADA ST ASHLAND, OR 97520 PA-T1-2020-00105100106 391 E04BC 114 WYSOCKI EDWARD J JRIANNA H 105 RANDY ST ASHLAND, OR 97520 July 1, 2020 143 & 147 Randy St NOD 40 PA-T1-2020-00105100106 391E04BC132 WILFONG-CRUSH ELLENIGRUSH OWE 701 N LAUREL ST ASHLAND, OR 97520 PA-T1-2020-00105100106 391E04BC121 ZENTNER WILLIAM J II 134 CYPRESS CIR ASHLAND, OR 97520 illu Planning Department, 51 Winbu.. .� ay, Ashland, Oregon 97620 CITY OF 541-488-5305 Fax: 541-552-2050 wwwashland.orms TTY: 1-800-735-2900 -ASHL./kND NOTICE OF APPLICATION lllli�ilii I&T13girl 1=1 , SUBJECT PROPERTY: 143 & 147 Randy Street OWNERJAPPLICANT: Kyle Taylor DESCRIPTION: A request for land use approval for a Solar Setback Exception for a fence along the northern property line. The affected properties (130 Cyprus Circle, 134 Cyprus Circle, 720 Laurel St.) have provided initial consent to the process. When fences are built along a northern property line fence height is regulated to average grade, In the present application the applicant proposes a six-foot fence on top of a newly constructed retaining wall which will cause a shadow greater than would be normally allowed. Owners of the affected properties to the north have consented to the proposed shading. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; ASSESSOR'S MAP #: 391 E 04BC; TAX LOT: 139 & 140 NOTICE OF COMPLETE APPLICATION: DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: May 26, 2020 June 9, 2020 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 aipplication. 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 Assistant Planner Aaron Anderson at 541-488-5305. TI-202"0105- EXCEPTION TO SOLAR SETBACKS U.4.8.020.0 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. G:lcommtlevlplanning\Planning AcdansWoticing Folder\Nfailed Notices K Signs120201PA-TI-2020-00105-10&dccs U a a 1-97ATI 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 May 26, 2020 1 caused to be mailed, by regular mail, 'in a sealed' envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for Planning Action #PA-T1-2020-00105 & PA-T1- 2020-010106, 143 and 147 Randy Street, Signature of Employee C:StJsers4smithdaAFNHE'DesktopW.F[DAVr OF IANLIKIG.,d5.docx 50020 PA-T1-2020-00105100106 391E04BC133 PA-T1-2020-00105100106 391E04BC101 PA-T1-2020-00105100106 391E04BC134 AMAROTICO KAREN ANDRE ALISTAIR J ET AL ARMITAGE JRIDEBRA 195 RANDY ST 142 W NEVADA ST 205 RANDY ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2020-00105100106 391 E04BC122 BRYSON JAMES RISHARON K 138 CYPRESS CIR ASHLAND, OR 97520 PA-T1-2020-00105100106 39lE04BC127 COLLINS MICHAEUMEGAN J 749 N LAUREL ST ASHLAND, OR 97520 PA-T 1-2020-00105/00106 391 E04 BC 131 DELONG DIANNE S TRUST ET AL 230 85TH ST HOLMES BEACH, FL 34217 PA-T 1 -2020-00105/00106 391 E04BC407 HELMAN SPRINGS HOMEOWNERS ASS 664 DRAGER ST ASHLAND, OR 97520 PA-T 1 -2020-00105/00106 391 E04BC128 MORRISON MICHAEUJULIE 737 N LAUREL ST ASHLAND, OR 97520 PA-T1-2020-00105/00106 391 E04BC143 PDK PROPERTIES LLC 588 PARSONS DR #102 MEDFORD, OR 97501 PA-T1-2020-00105/00106 391 E04BC140 ROEN PROPERTIES LLC 1236 DISK DR #A MEDFORD, OR 97501 PA-T1-2020-00105/00106 391 E04BC600 SCHOOL DISTRICT 5 885 SISKIYOU BLVD ASHLAND, OR 97520 PA-T1-2020-00105100106 391E04BC138 BURNS JACOB TRABERIMULLINS LA 205 CAMBRIDGE ST ASHLAND, OR 97520 PA-T1-2020-00105100106 391E04BC102 COOLEY SHAWN E 168 W NEVADA ST ASHLAND, OR 97520 PA-T1-2020-00105100106 39l E04BC123 FRAZIER STEPHEN GIFRAZIER MIC 720 N LAUREL ST ASHLAND, OR 97520 PA-T1-2020-00105100106 391E04BC135 LEIGHTON XJENNINGS BRUCE 206 CAMBRIDGE ST ASHLAND, OR 97520 PA-T1-2020-00105100106 391E04BC501 MYERS WILLIAM BfMARIE E 1711 VIEW PL MEDFORD, OR 97504 PA-T1-2020-00105100106 391E04BC117 PEAKS JOHN F TRUSTEE ET AL 119 CYPRESS CIR ASHLAND, OR 97520 PA-T1-2020-00105100106 391E04BC120 SACHS JAMES DIEDITH S 130 CYPRESS CIR ASHLAND, OR 97520 PA-T1-2020-00105100106 391E04BC130 SCHROEDER JOHNIDEBRA K BECK 719 N LAUREL ST ASHLAND, OR 97520 PA-T1-2020-00105100106 391E04BC107 CARREAU KYLA D 176 W NEVADA ST ASHLAND, OR 97520 PA-T1-2020-00105/00106 391 E04BC115 CROFT NORTON E TRUSTEE ET AL 109 RANDY ST ASHLAND, OR 97520 PA-T1-2020-00105/00106 391 E04BC136 HAMER BERNARD W 196 CAMBRIDGE ST ASHLAND, OR 97520 PA-T1-2020-00105100106 39lE04BC129 MCKEAN O'TOOLE 2002 JOINT PROC/O STANELY NUGIT, CPA 20700 VENTURA BLVD #328 WOODLAND HILLS, CA 91364 PA-T1-2020-00105100106 391E04BC124 OUSLEY IANIKAILEY 730 N LAUREL ST ASHLAND, OR 97520 PA-T1-2020-00105100106 39lE04BC106 PRATHER WILLIAM C/ROBYN M 759 N LAUREL ST ASHLAND, OR 97520 PA-T1-2020-00105100106 391 E04BC142 SAGE JEAN C ET AL 708 N LAUREL ST ASHLAND, OR 97520 PA-T1-2020-00105/00106 391 E04BC139 SHAPIRO STEPHEN TRUSTEE 143 RANDY ST ASHLAND, OR 97520 PA-T1-2020-00105/00106 391E04BC116 PA-T1-2020-00105100106 391E04BC118 PA-T1-2020-00105f00106 391E04BC119 SMELCER MARY L STANEEY PHILIPIANGELICA M STOUT KEVIN P 115 CYPRESS CIR 123 CYPRESS CIR 127 CYPRESS CIR ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2020-00105/00106 391E04BC137 PA-T1-2020-00105/00106 391E04BC125 PA-T1-2020-00105100106 391E04BC100 STOUT MICHAEL JENSEN ET AL STRANBERG JOHN/TRANBERG CY TAYLOR STEVENIWANDA 195 CAMBRIDGE ST 740 N LAUREL ST 139 RANDY ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2020-00105100106 391 E04BC141 VANDEWIEL WILIMANOU 716 N LAUREL ST ASHLAND, OR 97520 PA-T1-2020-00105I00106 391 E04BC126 WOODKE SUSAN D 1700 E MAIN ST ASHLAND, OR 97520 PA-T1-2020-00105/00106 TAYLORED ELEMENTS 1236 DISK DR #A MEDFORD, OR 97501 PA-T1-2020-00105I00106 391E04BC108 WHITESITT JOHNISANDRA 156 W NEVADA ST ASHLAND, OR 97520 PA-T1-2020-00105f00106 391E04BC114 WYSOCKI EDWARD JRIANNA H 105 RANDY ST ASHLAND, OR 97520 May 26, 2020 143 & 147 Randy St — NOC 40 PA-T1-2020-00105100106 391 E04BC132 WILFONG-CRUSH EIGRUSH 0 701 N LAUREL ST ASHLAND, OR 97520 PA-T1-2020-00105I00106 391E04BC121 ZENTNER WILLIAM J II 134 CYPRESS CIR ASHLAND, OR 97520 I Ut t I I �� v ' 11 ZONING PERMIT APPLICATION CY k twos PlanningDivision ITO51 Winbum OR Way, Ashland 97520 E # QS -ASHLAV ND 541-488.5305 Fax 5411-488-6006 Fit. _RL'a -�16 155t DESCRIPTION OF,PROJELT A).21'2'0erilllnc C"I I. LILIALaf 1­1 tYQ 12'r DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? 11 YES 11 NO Street Address A/ 7 fSA02 6 Y 7- , Ash (ald 6 1?- q Assessor's Map No. 391 E L/ Tax Lot(s). Zoning � — _-. — Comp Plan Designation APPLICANT coog. Phone � �1116Z�1-66TS.E-Mail k,,414erto�(41r, J, Ole;, seii'Afe e ox,, Name A Address- JZ_%p blOt, -V_67 A City MjDFbRZ zip PROPERTY OWNER Name Phone E-Mail I't Address City M&OPP&O, Zip SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER Title _Name Address Phone - . E-Mail Title .-Name Phone Address City — Zip MM City— I Zip I hereby cadify 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 Inspeclion. to the event the pins Big not shown or their location found to be incorrect, the owner assumes; full responsibility. / further understand that it this request is subsequently contestod, the burden Wit be on me to establish: 1) that I produced sufficientleclual evidence at the hearing IQ support this request; 2) that the findings of tact lumishedjustifies the granting of the request; 3) that the findings of fact furnished by fine are adequate; and further 4) that BY structures of improvements are property kcalodon the ground. Failure in this regard Mil result most likely in not only the request being set aside, but also possibly In my structures being built in reliance theroon being required to baromovadatmyexpense. If I have any doubts, I am advised to seek competent professional advice and assistance, Apoftant 'iSignature Date As owner of the property Invotvad In this raqvast, I have read and understood the complete application and its consegm,O fir 48properly owner. "A Property Ownees Signature (required) Date rrob—owtvick "? In Ci J 6V Date Deceived :L L �Z� Zoning Permit Type Filing Fee $ OVER 0* 001 'P Benicn its I � 1 11 1236 Disk Dr. Ste A �m Medford OR 97501 Vs 541,621.8096 RE: Solar Waiver 147 Randy St Ashland OR 97520 4/20/2020 We are requesting a variance from AMC 18.4.8.030 Solar Setback for the property line fence between 147 Randy St, and the neighbors to the north 134 Cypress Circle, 130 Cypress Circle and 720 Laurel St. The fence proposed is to sit on top of a +/- 32" landscape retaining wall as the natural grade of the property at 147 sits higher than its northern neighbor. The purpose of this fence is to create some privacy between the neighbors and allow for the quiet enjoyment between parties. Below is a photo of the proposed fence type at the property line, Please let Lis know if you have any further questions, Kyle Taylor President 541-621-8095 ky1g@tAyloredelements.conl APR 2 0 2020 y REMODELING I NEW CONSTRUCTION P1 CUSTOM rmisll CARPENTRY N PROJECT MANAGEMENT M'ENERGY EFFICIENCY PRODUCTS . .. . ... ........ . ....... 10, 80 130 CYPRESS CIRCLE &IJE3Jf=-(,-T 61TEE ------ �47 VAN'DY-ST-,- hh I 143 RA�Y-&T, mom -- Pitt" ms16E7Y ' WMv FM FLR 6ARA6E, I�&10 FN FLK REWDER'r-E, M5" PN PLR dARAW, 16W.W TOf 77 - wc"Za4 A 2W-l' E"At>CW LEW.T14 . ............ . . ........... CIYFFIE55 C;IRC,LE - — -LET 1 139 RAN, DY ST. — — — — — — — — — — — — b P14 FLR REDVENM nS6.0 A\— TE 5C>LAf;,=' 5 1 TF- PLAN WAM P.W4' SITEE SECITIC)NIS 11411 . ll-mll 0 2' 12, 6GALE, W-1%0' V) u P%O= roft PROPOSED SOLAR VARIANCE FOR TAYLORED ELEMENTS CONSTRUCTION Pool= obt)Mm 147 RANDY STREET ASHLAND, OREGON stmvnnE SOLAR SITE PLAN C(W," SDA DAM 0412OV211 City of Ashland Community Development Department 51 Winburn Way Ashland, OR 97520 Telephone: 541-488-5305 por, AM4&1 Inspection Line: 541-552-2080 Plan Type: Type I Planning Action Work Class: Type I Planning Action PERMIT NUMBER PA-T1-2020-00105 PRIy Date: 4/21/2020 Ma' & Tax Lot 'rope,rt' Address 391 E04BC139 143 Randy St Owner lriformatian Applicant Information Owner: Roen Properties LLC Applicant: Taylored Elements Construction Owner 588 Parsons DrA Applicant 1236 Disk Dr STE A Address: Medford, OR 97501 Address: Medford, OR 97501 Phone: (541)-62-1-8095 Phone: (541) 621-8095 Applicant: Date: 'otai Pees; $1,092.00