The URL can be used to link to this page

Home My WebLink AboutHelman_395_PA-T1-2020-00131CITY OF -ASHLAND December 30, 2020 Notice of Final Decision On December 29, 2020, the Community Development Director approved the request for the following: Planning Action: PA-T1-2020-00131 Subject Property. 395 Helman Street/130 Orange Ave Applicant/Owner: Rogue Development Services/James Dean & Asha Stout Description: A request for land use approval for a concurrent Property Line Adjustment and two -lot partition. The property line adjustment increases the size of 395 Helman in width by five feet to allow the lot to partition without a variance. The tentative partition plat submitted with the application indicate that the two resultant parcels will be 0.169 and 0.154 acers in size and meet all setbacks around the existing building. The application includes detailed findings explaining how the proposal meetings the relevant criteria. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5;MAP: 39 lE 04 CB; TAX LOT: 5700 & 5800. The Community Development Director's decision becomes final and is effective on the 12th day after the Notice of Final Decision is mailed. Approval is valid for a period of 18 months and all conditions of approval identified on the attached Findings are required to be met prior to project completion. The application, all associated documents and evidence submitted, and the applicable criteria are available for review at the Ashland Community Development Department, located at 51 Winburn Way. Copies of file documents can be requested and are charged based on the City of Ashland copy fee schedule. Prior to the final decision date, anyone who was mailed this Notice of Final Decision may request a reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO) 18.5,1.050(F) and/or file an appeal to the Ashland Planning Commission as provided in ALUO 18.5.1.050(G). The ALUO sections covering reconsideration and appeal procedures are attached. The appeal may not be made directly to the Oregon Land Use Board of Appeals. If you have any questions regarding this decision, please contact Aaron Anderson in the Community Development Department at (541) 488-5305. cc: Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Te:541A88-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 , ;.'3 iv�� w.ashland.or.m SECTION 1.8.5.1.050 Type I Procedure (Administrative Decision with Notice) F. 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 nails the notice of decision. F. Reco►isideration. 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 ►natter. 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: I . Who May Appeal. The following persons have standing to appeal a Type I decision. a. The applicant or owner of the subject property. b. Any person who is entitled to written notice of the Type I decision pursuant to subsection 18.5.1.050.B. c. Any other person who participated in the proceeding by submitting written comments on the application to the City by the specified deadline. 2. Appeal Filing Procedure. a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.050.G.1, above, may appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of this subsection. The fee required in this section shall not apply to appeals made by neighborhood or community organizations recognized by the City and whose boundaries include the site. If an appellant prevails at the hearing or upon subsequent appeal, the fee for the initial hearing shall be refunded. b. Thne for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of decision is mailed. c. Content of Notice ofAppeal. ]'he 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. H. 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 ►net 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, testi►pony, 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 — la, except that the decision of the Planning Commission is the final decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of Appeals, pursuant to ORS 197.805 - 197.860. COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541 A88-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 t.ia wwNv.ashland.or.us ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA-T1-2020-00131 SUBJECT PROPERTY: 395 Helrnan Street / 130 Orange Ave APPLICANT: Rogue Development Services OWNER: James Dean 1 Asha Stout DESCRIPTION: A request for land use approval for a concurrent Property Line Adjustment and two -lot partition. The property line adjustment increases the size of 395 Helman in width by five feet to allow the lot to partition without a variance. The tentative partition plat submitted with the application indicate that the two resultant parcels will be 0.169 and 0. 154 acers in size and meet all setbacks around the existing building. The application includes detailed findings explaining how the proposal meetings the relevant criteria. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; MAP: 39 lE 04 CB; TAX LOT: 5700 & 5800 SUBMITTAL DATE: November 11, 2020 DEEMED COMPLETE DATE: November 18, 2020 STAFF APPROVAL DATE: December 29, 2020 DEADLINE TO APPEAL (4:30 p.m.): January 11, 2021 FINAL DECISION DATE: January 12, 2021 APPROVAL EXPIRATION DATE: July 12, 2022 DECISION Proposal & Property The proposal is a request for a land partition to create two lots (concurrent with a property line adjustment with 130 Orange) for the property located at 395 Helman Main St. The application includes a preliminary partition plat prepared by Polaris Land Surveying. The resultant property configuration two lots fronting Orange with parcel 1 retaining the existing home and pool, and proposed parcel 2 which will be vacant. There is no development proposed for the newly created parcel at this time. The subject properties were originally subdivided off the Able Helman Donation Land Claim No. 40. There are no records in the county surveyor that show when these were originally platted, and very likely may have been subdivided by deed. The two properties have frontage along both Helman and Orange Streets and are served by an alley dinning along their southern lot line. Both properties and the surrounding neighborhood are zoned Single Family (R-1-5). There are no overlay zones that affect the subject properties. There are no significant topographical or other envirom ental features. The property slopes gently from south to north. Partition & Praperty Line Ail ustrrrent As mentioned at the outset the proposal is a request for a land partition. The main subject property at 395 Helrnan Street has one hundred feet of frontage along orange Street. The PA 'T1-2020-00131 395 HeInian St./aha Page 1 minimum lot width in the R-1-5 zone is fifty feet. As first glance the property appears to be all ideal candidate to partition, however the location of the existing house would require either a variance to lot width, or setbacks, or some combination of the two. Therefor the application includes a concurrent property line adjustment shifting the line between 395 Helman and 130 Orange to the west by five feet. With 105 feet of frontage the property is able to be partitioned without a variance. The resulting property configuration will leave the existing house at 395 Helman as fifty-five feet wide, and the newly created parcel as fifty feet wide. The property line adjustment and partition will be recorded simultaneously on the partition plat. The lots as proposed comply with the dimensional and minimum area requirements for the R-1-5 zoning district. The application materials state that they can demonstrate that the parcel to retain the existing home and pool can be shown to meet the lot coverage standard of 50%, but does not provide a breakdown of the impervious surface. A condition of approval has been added that will require the applicant to provide a tally of the impervious surfaces to demonstrate that this standard is met. The application explains that all city facilities are available within the Orange and Helman Streets right-of-way, including sanitary sewer and water. Conditions have been included below to require that final utility plans be provided for the review and approval of the Planning, Building, Electric and Public Works Departments, and that utilities be installed to serve each lot, prior to signature of the final survey plat. Public Input 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. During the period of public comment, no input was received either in favor or against the proposed partition. The approval criteria for a Land Partition are detailed in AMC 18.5.3.050 as follows: 18.5.3.050 Preliminary Partition Plat Criteria A. The future use for urban purposes of the remainder of the tract will not be impeded. 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. PA-T1-2020-00131 395 Helman St./aha Page 2 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. K. A partition plat containing one or more flag lots shall additionally meet the criteria in section 18.5.3.060. The approval criteria for a Property Line Adjustment are detailed in AMC 18.5.3.120.B as follows: B. Approval Criteria. The Staff Advisor shall approve or deny a request for a property line adjustment in writing based on all of the following criteria. 1. Parcel Creation. No additional parcel or lot is created by the lot line adjustment. 2. Lot Standards. Except as allowed for nonconforming lots, pursuant to chapter 18.1.4, or as required by an overlay zone in part 18.3, all lots and parcels conform to the lot standards of the applicable zoning district, including lot area, dimensions, setbacks, and coverage, per part 18.2. If a lot does not conform to the lots standards of the applicable zoning district, it shall not be made less conforming by the property line adjustment. As applicable, all lots and parcels shall identify a buildable area free of building restrictions for physical constraints (i.e., flood plain, greater than 35 percent slope, water resource protection zones). 3. Access Standards. All lots and parcels conform to the standards in section 18.4.3.080 Vehicle Area Design. Lots and parcels that do not conform to the access standards shall not be made less conforming by the property line adjustment. Decision The applicants have submitted materials to the Planning Department to demonstrate compliance with the applicable approval standards for the approvals requested and by their reference are PA-T1-2020-00131 395 Heiman St.lalia Page 3 incorporated as if set out in full_ In staff s assessment, the application with the attached conditions complies with all applicable City Ordinances. Therefore, Planning Action #PA-TI- 2020-00131 is approved with the following conditions. Further, if any one or more of the following conditions are found to be invalid for any reason whatsoever, then Planning Action #PA-TI-2020-00131 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) That the applicant shall provide a detailed breakdown of the impervious surface of the lot retaining the existing home showing that it meets the standard for the R-1-5 zone. 3) That the applicant shall obtain any necessary permits and inspections from the Public Works Department for any work within the public rights -of -way. 4) That prior to the issuance of a building permit a tree inventory and tree protection plan shall be required demonstrating protection of the trees 5) That the requirements of the Ashland Fire Department including approved addressing; access including approach, easements, firefighter access pathways, turn -around; hydrant distance and clearance; work area; sprinklers as applicable, restrictions on gates and fences that would limit access; and wildfire hazard area requirements. Fire Department requirements shall be included on the engineered construction documents for public facilities. b) That a Fire Prevention and Control Plan addressing the General Fuel Modification Area requirements in AMC 18.3. 10. 100.A.2 of the Ashland Land Use Ordinance shall be provided prior to bringing combustible materials onto the property, and any new landscaping shall comply with these standards and shall not include plants listed on the Prohibited Flammable Plant List per Resolution 2018-028. 7) That a final survey plat shall be submitted, reviewed and approved within 18 months of the final decision date of the preliminary partition plat approval by the City of Ashland. 8) That prior to the submittal of the final survey plat for the review, approval and signature of the Ashland Planning Division: a) All easements for public and private utilities, fire apparatus access, and reciprocal utility, maintenance, and access shall be indicated on the final survey plat as required by the Ashland Engineering Division. b) 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. The electric service, and sanitary sewer lateral and water services including connection with meters at the street shall be installed underground to serve all parcels prior to signature of the final survey plat. At the discretion of the Staff Advisor, a bond may be posted for the full amount of underground service installation (with necessary permits and connection fees paid) as an alternative to installation of service prior to signature of the final survey plat. In PA-TI-2020-00131 395 Helman St.laha Page 4 either case, the utility plan shall be reviewed and approved by the Ashland Electric, Public Works and Planning Departments prior to installation. c) The applicant shall submit an electric design and distribution plan including load calculations and locations of all primary and secondary services including transformers, cabinets and all other necessary equipment. This plan must be reviewed and approved by the Electric Department prior to the signature of the final survey plat. Any necessary transformers and cabinets shall be in areas least visible from streets, while considering the access needs of the Electric Department. d) Irrigated street trees selected from the approved street tree list shall be planted in the front yards behind the curb along Orange Street at a spacing of one tree per 30 feet. Hill Molnar, Coninninity Develolnizent Director Department of Community Development 12.29.2020 Date PA-T1-2020-00131 395 Heltnan St./alia Page 5 AFFIDAVIT OF MAILING STATE OF OREGON County of Jackson The undersigned being first duly sworn states that: 1. I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On December 30, 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 the Planning Action #PA-T1-2020- 00131, 395 Heiman. Signature of Employee Glom-de4lanrdgVlanning Acfons�PAs by S1feefAlielmaniHe!man_396 Helman_395_PA-T1-2020.00131%lobcingWNOD Selman_395_PA-T1-2020-00131 AfHdavtd=121300020 PA-T1-2020-00131391E04CA5200 PA-T1-2020-00131391E04CA4700 PA-T1-2020-00131391E04CB4501 BOWERS ADAM DAVID ET AL CATRANIDES LISA M TRUSTEE ET COSTER GARIN JISANDRA 0 384 HELMAN ST 424 HELMAN ST 375 HELMAN ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2020-00131 391 E04CB5800 DEAN JAMES L TRUSTEE ET AL 395 HELMAN ST ASHLAND, OR 97520 PA-T1-2020-00131 391 E04CB5600 HAIM JAMESIHOLDEN KATHERINE 152 ORANGE AVE ASHLAND, OR 97520 PA-T1-2020-00131 391 E04CB500 KATZ RICHARD 125 ORANGE AVE ASHLAND, OR 97520 PA-T1-2020-00131 391 E04CD900 GANGAJI FOUNDATION 2245 ASHLAND ST ASHLAND, OR 97520 PA-T1-2020-00131 391 E04CA4900 HELMAN STREET PROPERTIES LLC 2111 NW VILLAGE CIR PORTLAND, OR 97229 PA-T1-2020-00131 391 E04CA4100 KODAKA ICHIRO TRUSTEE ET AL 101 ORANGE AVE ASHLAND, OR 97520 PA-T1-2020-00131 391 E04CA4800 PA-T1-2020-00131 391 E04CA5100 MC CLARY MARY K MIKALIS NIKOS TRUSTEE FBO 418 HELMAN ST • 386 HELMAN ST ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2020-00131 PA-T1-2020-00131 391 E04CA4300 ROGUE PLANNING AND DEVELOPMENT SCHELZ MARY ET AL 1314-B CENTER DRIVE PMB 457 124 NORTH WEST CONGRESS MEDFORD, OR 97501 BEND, OR 97703 PA-T1-2020-00131 391 E04CB600 STASNY KATHLEEN ANN TRUSTEE E 133 ORANGE AVE ASHLAND, OR 97520 PA-T1-2020-00131 391 E04CB5700 STOUT ASHA A 103 LA JOYA RD SANTA FE, NM 87501 PA-T1-2020-00131 391 E04CB619 STEMPLE DALE ROBERT TRUSTEE E 149 ORANGE AVE ASHLAND, OR 97520 PA-T1-2020-00131 391 E04CB4700 STRUDLER NEAL TRUSTEE ET AL 155 8TH ST ASHLAND, OR 97520 PA-T1-2020-00131 391 E04CD903 GOULD DONNA G TRUSTEE ET AL 354 HELMAN ST ASHLAND, OR 97520 PA-T1-2020-00131 391 E04CA5400 JAXON-BEAR ELI TRUSTEE ET AL 374 HELMAN ST ASHLAND, OR 97520 PA-T1-2020-00131 391 E04CB618 LEWELLYN SANDRISA MORGAN ET A 414 PARKSIDE DR ASHLAND, OR 97520 PA-T1-2020-00131 391E04CB4502 E PLASS SUSAN E 121 OHIO ST ASHLAND, OR 97520 J PA-T1-2020-00131 391 E04CB4500 SILBERSTEIN MARK 363 HELMAN ST ASHLAND, OR 97520 PA-T1-2020-00131 391 E04CB4600 STEVELEY JANET D 1524 WOODLAND DR ASHLAND, OR 97520 PA-T1-2020-00131 391 E04CA4600 TERRALL TERRY L TRUSTEE ET AL 422 HELMAN ST ASHLAND, OR 97520 PA-T1-2020-00131 391 E04CB4701 PA-T1-2020-00131 VANHEUSEN KEVIN GEORGEIARIANN 395 Helman 141 OHIO ST NOC 12/30/2020 ASHLAND, OR 97520 25 l' Planning Department, 51 Winburn Way, Ashland, Oregon 97520 PFW 541-488-5305 Fax: 541-552-2050 www.astnland.or.us TTY, 1-800-735-2900 VOTICE OF +II PLANNING ACTION: PEA-'r1-2020-001.31 SUBJECT PROPERTY: 395 Heiman Street / 130 Grange Ave APPLICANT: Rogue Planning & Development Services OWNER: James Dean / Asha Stout DESCRIPTION: A request for land use approval for a concurrent Property I.,ine Adjustment and two -lot partition. 'Tyre property line adjustment increases the size of 395 Heiman in width by live feet to allow the lot to partition without a variance. The tentative partition plat submitted with the application indicate that the two resultant parcels Nvill be 0„ 169 and 0.154 acers in size, and r neet all setbacks around the existing building. 'The application includes detailed findings explaining how the proposal meetings the relevant criteria. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; MAP: 39 1E 04 (,B, TAX LOT: 5700 & 5800 NOTICE OF COMPLETE APPLICATION: November 18, 2020 DEADLINE FOR SUBMISSION OF 'WRITTEN COMMENTS December 2, 2020 N ,r11111/�1i��R0 l . Subject Property 396 Heiman St.1130 O'rainge Ave. PAT'1-02I1 t1013't p OVER�clecrmrxt ticro�lrlannirrg`WlnnninS hGiaav»1['Asby 58c�e4"NF4YJ3c�IrNank�lclnraer_�95tif3ciman.,-3�5_}"F4,-7"t-2g241-g471'3Rliwnlicing`vPTeltnnlr_395_i'.'4-"C9-2g2q-OfYi'37._ir;QC..d0cx The Ashland Planning Division Staff has received a complete application for the property noted on Page 1 of this notice. Because of the COVID-19 pandemic, application materials are provided online and comments will be accepted by email. Alternative arrangements for reviewing the application or submitting comments can be made by contacting (541) 488-5305 or pLannin lanid.or .LIS. . .9-@a5 A copy of the application, including all documents, evidence and applicable criteria are available online at "What's Happening in my City" at htlas_: _119 is - —ash I a lid �9_r - u s/—devetgn!DP-n-tP-r-O-P-0—!E�a- W. Copies of application materials will be provided at reasonable cost, if requested. Under extenuating circumstances, application materials may be requested to be reviewed in -person at the Ashland Community Development & Engineering Services Building, 51 Winburn Way, via a pre -arranged appointment by calling (541) 488-5305 or email ing pLqnning,@_q§L1a nd. or. LIS. Any affected property owner or resident has a right to submit written comments to pjann inq@qshLanA.qr. LIS or to the City of Ashland Planning Division, 51 Winburn Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown on Page 1. 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 Planiniing 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. If you have questions or comments concerning this request, please feel free to contact Aaron Anderson, at 541-488-5305 or Aa,ron,Andersoln@La.§ihland.or.us (3:\coniiii-devNplaiiiiin,g\lllatiniiigAcdoTisTAs by 395 PA-TI-2020-0013l4\oticungUielnian395 PA-TI-2020-00131 NOC.docx PRELIMINARY PARTITION PLAT 18.5.3.050 The approval authority shall approve an application for preliminary partition plat approval only where all of the following criteria are met. A. The future use for urban purposes of the remainder of the tract will not be impeded. B. The development of the remainder of any adjoining land or access thereto will not be impeded. C. The partition plan conforms to applicable City -adopted neighborhood or district plans, if any, and any previous land use approvals for the subject area. D. The tract of land has not been partitioned for 12 months. E. Proposed lots conform to the requirements of the underlying zone, per part 18.2, any applicable overlay zone requirements, per part 18.3, and any applicable development standards, per part 18.4 (e.g., parking and access, tree preservation, solar access and orientation). F. Accesses to individual lots conform to the standards in section 18.4.3.080 Vehicle Area Design. See also, 18.5.3.060 Additional Preliminary Flag Lot Partition Plat Criteria. G. The proposed streets, utilities, and surface water drainage facilities conform to the street design standards and other requirements in part 18.4, and allow for transitions to existing and potential future development on adjacent lands, The preliminary plat shall identify all proposed public improvements and dedications. N. 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. I. Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from the street. J. Required State and Federal permits, as applicable, have been obtained or can reasonably be obtained prior to development. PROPERTY LINE ADJUSTMENTS 18.5.3,120.13 The Staff Advisor shall approve or deny a request for a property line adjustment in writing based on all of the following criteria. 1. Parcel Creation. No additional parcel or lot is created by the lot line adjustment. 2. Lot Standards. Except as allowed for nonconforming lots, pursuant to chapter 18,1.4, or as required by an overlay zone in part 18.3, all lots and parcels conform to the lot standards of the applicable zoning district, including lot area, dimensions, setbacks, and coverage, per part 18.2. If a lot does not conform to the lots standards of the applicable zoning district, it shall not be made less conforming by the property line adjustment. As applicable, all lots and parcels shall identify a buildable area free of building restrictions for physical constraints (i.e., flood plain, greater than 35 percent slope, water resource protection zones). 3. Access Standards. All lots and parcels conform to the standards in section 18.4.3.080 Vehicle Area Design. Lots and parcels that do not conform to the access standards shall not be made less conforming by the property line adjustment. Gkomm-devlpianning\Plan6ng ActionsTAs by S1reet\JN1c1man\He1man 3951ifelman_395_PA-T1-2020-00131UNoticingUielman_395_PAT) -2020-00131_NOC.docx AFFIDAVIT OF MAILING STATE OF OREGON County of Jackson The undersigned being first duly sworn states that: 1. I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2, On November 18, 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 persons name for Planning Action #PA-T1-2020-00131, 395 Helman Street. ,��&on .. ........ Sign t of Employee Documnl1 11118020 PA-T1-2020-00131391 E04CA5 200 BOWERS ADAM DAVID ET AL 384 HELMAN ST ASHLAND, OR 97520 PA-T1-2020-00131 391E04CB5800 DEAN JAMES L TRUSTEE ET AL 395 HELMAN ST ASHLAND, OR 97520 PA-T1-2020-00131 391E04CB5600 HAIM JAMES/HOLDEN KATHERINE 152 ORANGE AVE ASHLAND, OR 97520 PA-T1-2020-00131 391E04CA5300 JAXON-BEAR ELI TRUSTEE ET AL 374 HELMAN ST ASHLAND, OR 97520 PA-T 1-2020-00131 391 E04CA4100 KODAKA ICHIRO TRUSTEE ET AL 101 ORANGE AVE ASHLAND, OR 97520 PA-T1-2020-00131 391 E04CA5100 MIKALIS NIKOS TRUSTEE FBO 386 HELMAN ST ASHLAND, OR 97520 PA-T1-2020-00131 ROGUE PLANNING & DEVELOPMENT 33 N CENTRAL AVE SUITE 213 MEDFORD, OR 97501 PA-T1-2020-00131391 E04CB600 STASNY KATHLEEN ANN TRUSTEE E 133 ORANGE AVE ASHLAND, OR 97520 PA-T1-2020-00131391 E04CB5700 STOUT ASHA A 438 APODACA HILL ST SANTE FE, NM 97501 PA-T1-2020-00131 391 E04CB4701 VANHEUSEN KEVIN GEORGE/ARIANN 141 OHIO ST ASHLAND, OR 97520 PA-T1-2020-00131 391 E04CA4700 CATRANIDES LISA M TRUSTEE ET 424 HELMAN ST ASHLAND, OR 97520 PA-T1-2020-00131391 E04CD900 GANGAJI FOUNDATION 2245 ASHLAND ST ASHLAND, OR 97520 PA-T 1-202 0-001313 91 E04CA4900 HELMAN STREET PROPERTIES LLC 2111 NW VILLAGE CIR PORTLAND, OR 97229 PA-T1-2020-00131391 E04CA5400 JAXON-BEAR ELI TRUSTEE ET AL 374 HELMAN ST ASHLAND, OR 97520 PA-T1-2020-00131 391 E04CB618 LEWELLYN SANDRISA MORGAN ETA 414 PARKSIDE DR ASHLAND, OR 97520 PA-T1-2020-00131 391E04CB4502 PLASS SUSAN E 121 OHIO ST ASHLAND, OR 97520 PA-T1-2020-00131391 E04CA4300 SCHELZ MARY ET AL 124 NORTH WEST CONGRESS BEND, OR 97703 PA-T1-2020-00131 391E04CB619 STEMPLE DALE ROBERT TRUSTEE E 149 ORANGE AVE ASHLAND, OR 97520 PA-T1-2020-00131391 E04CB4700 STRUDLER MEAL TRUSTEE ET AL 155 8TH ST ASHLAND, OR 97520 PA-T1-2020-00131391E04CB4501 COSTER GARIN J/SANDRA 0 375 HELMAN ST ASHLAND, OR 97520 PA-T1-2020-00131391 E04CD903 GOULD DONNA G TRUSTEE ET AL 354 HELMAN ST ASHLAND, OR 97520 PA-T1-2020-00131391 E04CA4901 HELMAN STREET PROPERTIES LLC 2111 NW VILLAGE CIR PORTLAND, OR 97229 PA-T1-2020-00131391 E04CB500 KATZ RICHARD 125 ORANGE AVE ASHLAND, OR 97520 PA-T1-2020-00131 391 E04CA4800 MC CLARY MARY K 418 HELMAN ST ASHLAND, OR 97520 PA-T1-2020-00131 POLARIS LAND SURVEYING PO BOX 459 ASHLAND, OR 97520 PA-T1-2020-001313 91 E04CB4500 SILBERSTEIN MARK 363 HELMAN ST ASHLAND, OR 97520 PA-T1-2020-00131391 E04C B4600 STEVELEY JANET D 1524 WOODLAND DR ASHLAND, OR 97520 PA-T1-2020-00131 391 E04CA4600 TERRALL TERRY L TRUSTEE ET AL 422 HELMAN ST ASHLAND, OR 97520 395 Helman NOC 28 11.18.2020 RMT 1091s alviduial kaAv asfl I 361)3 do-dod 0s0dxa 01 auij 6u01e Ping sa}ejdLu,3j/I.t oD-AaaAa 0100 i slagel ssaJPPV„ laad ffse3 Planning Division 51 Whiburn Way, Ashland OR 97520 CITV or SHLAND 541-498-5305 Fax 541-488-6006 ,A FILE# PA-TI-2020-00131 DESCRIPTiON OF PROJECT Minor Land Partition and Proper y Line AdJustment DESCRIPTION OF PROPERTY Pursuing LEED@ Certification? El YES 9 NO Street Address 395 Heiman Street 5800, Assessors Map No, 39 1 E Q4CB , Tax Lot(s) Zoning R-1 -5 Comp Plan Designation Single Family Residential — APPLICANT Rogue Planning & Development Services, LL 5�41-95,1-40201 Name Phone E-Mail amygunter.planning@gmail.com Address —33 N Central 8yenue, Suite 213 city Medford _ zip 97501 PROPERTY OWNER Name James Dean Living Trust Phone Heiman Street 395 Address 541-482-9356 E-Mail deanildQ)qmafl.com City Ashland —Zip 917520 SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE, ARCHITECT, OTHER shawn@polarislandsurveying.com Title Surveyor Name Polaris Land Surveying —Phone 541-482-5009 E-Mail Address PO Box 459 Ashland 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 itr all respects, true and correct. I understand that all property pins must be shown on the drawings and visible upon the site inspection In the event the pins are, not shown or their location found to be incorrect, the owner assumes full responsibility. I further understand that if this request is subsequently contested, the burden will be on me to establish: 1) that I produced sufficient factual evidence at the hearing to support this request; 2) that the findings of fact furnished justifies the granting of the request; 3) that the findings of fact furnished by me are adequate; and further 4) that all structures or improvements are property located on the ground. Failure it) this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to be removed at my expense. If / have any doubts, I an? advised to seek competent professional advice and assistance, ,dkgA� 10/29/2020 Applicant's Signature /)I- Date As owner of the property involved in this request, I have read and understood the complete application and its consequences to me as a properly JMPsL. Dean No�v 3, 2020 11117 . .... ............ LLLL2LLaU Property Owner's Signature (required) Date [ro be c ipkM by Cky Staff] Date Received Zoning Permit Type Filing Fee $ OVER 0 4P BY EMNI .............. 11 /0,21.2,(X/2' WIMS & Hwidouts2oning Permit Apphcalion-doc V APPLICATION FORM must be completed and signed by both applicant and property owner. V FINDINGS OF FACT — Respond to the appropriate zoning requirements in the form of factual statements or findings of fact and supported by evidence, List the findings criteria and the evidence that supports it. Include information necessary to address all issues detailed in the Pre -Application Comment document, V 2 SETS OF SCALED PLANS no larger than 11"x17". Include site plan, buiilding elevations, parking and landscape details. (Optional — 1 additional large set of plans, 2'x3', to use in meetings) V FEE (Check, Charge or Cash) LEEDO CERTIFICATION (optional) — Applicant's wishing to receive priority planning action processing shall provide the following documentation with the application demonstrating the completion of the following steps: • Hiring and retaining a LEED@1 Accredited Professional as part of the project team throughout design and construction of the project; and • The LEED@ checklist indicating the credits that will be pursued. 7ke-ya • Applications are accepted on a first come, first served basis. • Applications will not be accepted without a complete application form signed by the applicant(s) AND property owner(s), all required materials and full payment. • All applications received are reviewed for completeness by staff within 30 days from application date in accordance with ORS 227.178. • The first fifteen COMPLETE applications submitted are processed at the next available Planning Commission meeting. (Planning Commission: meetings include the Hearings Board, which meets at 1:30 pm, or the full Planning Commission, which meets at 7:00 pm on the second Tuesday of each month. Meetings are held at the, City Counc:H Chambers at 1175 East Main St). • A notice of the project request will be sent to neighboring properties for their comments or concerns. • if applicable, the application will also be reviewed by the Tree and/or Historic Commissions. FRECEIVED �BY EMAIL 7 z-orung - ermit Application Final Audit Report 2020-11-03 Created: 2020-11-02 By: Amy Gunter (amygunter.plannin,g@gmail.com) Status: Signed Transaction ID: CBJCHBCAABAAR2ByLOf95qlv2MnObyhuWufROMlIxaG III I IN Pill 111111 111 1111111111 L) '6� Document created by Amy Gunter (amygunter.p,lanning@gmail.com) 2020-11-02 - 8:19:35 PM GMT- IP address: 47.42.183.51 C'2I, Document emailed to James L. Dean (deanjW@charter, net) for signature 2020-11-02 - 8:20:23 PM GMT 1!"J Email viewed by James L. Dean (deanjld@charter, net) 2020-11-02 - 9:44;20 PM GMT- IP addrew 97,82,116.227 Document e-signed by James L. Dean (deanjI'd@charter.net) Signature Date: 2020-11-03 - 6:06:14 PM GMT - Time Source: server- P address: 97.82.116.227 Agreement completed. 2020-11-03 - 6:06:14 PM GMT RI �i51 Planning Division CITY Of Winburn Way, Ashland OR 97520 ASMAND 541-488-5305 Fax 541 488-6006 DESCRIPTION OF PROJECT Property Line Ad'ustment DESCRIPTION OF PROPERTY Street Address 130 Orange Avenue Assessor's Map No. 39 1 E 04CB Tax Lot(s) Zoning R-1-5 ZONING PERMIT APPLICATION FILE # Pursuing LEEDO Certification? ❑ YES 0 NO 5700 Comp Plan Designation Single Family Residential APPLICANT Rogue Planning & Development Services, LL� 541-951A020 am unter. tannin mall.com Name hone E-Mail yJ p g@9 Address 33 N Central A\menue, Suite213 city Medford Zip 97501 PROPERTY OWNER Name Asha Stout Phone -Mail Address 103 La Joya Street city Santa Fe, NM Zip 87501 SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER Title Surveyor Name Polaris Land Surveying phone 541-482-5009 s�V�@polarislandsurveying.com Address PO Box 459 Title Name Address city Ashland Phone E-Mail City Zip 97520 Zip f 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. f understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their location found to be incorrect, the owner assumes full responsibility, l further understand that if this request is subsequently contested, the burden will be on me to establish: f) that l produced sufficient factual evidence at the hearing to support this request; 2) that the findings of fact fumishadlustifies the granting of the request; 3) that the findings of fact furnished by me are adequate; and further 4) that all structures or improvements are properly located on the ground. Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to be removed at my expense, If I have any doubts, l am advised to seek competent professional advice and assistance. 4 10/29/2020 Applicant's Signature Date As owner of the property involved in this request, ! have read and understood the complete application and its consequences to me as a property owner. 11/09/2020 Ptdp6l1 0#��tUre (required) Date [To ba comlrleted hyCity staff] Date Received Zoning Permit Type Filing Fee $ OVER IN Crkomm-devlplanningTomis & ffandoulsVoning Permit Applita6on,doc Zoning Permit Application -Stout Final Audit Report 2020-11-10 Created: 2020-11-02 By: Amy Gunter (amygunter.planning@gmail.com) Status: Signed Transaction ID: CBJCHBCAABAAItiOeT79NPN0_51CygSkKlaU3vdP5rz "Zoning Permit Application -Stout" History Document created by Amy Gunter (amygunter.planning@gmail.com) 2020-11-02 - 8:17:35 PM GMT- IP address: 47.42.183.51 E41 Document emailed to Asha Stout (ashastout@gmaii.com) for signature 2020-11-02 - 8:18:07 PM GMT Email viewed by Asha Stout (ashastout@gmail.com) 2020-11-10 - 3:24:27 AM GMT- IP address: 66.102.7.28 io Document e-signed by Asha Stout (ashastout@gmail.com) Signature Date: 2020-11-10 - 3:25:59 AM GMT - Time Source: server- IP address: 67.0.215,101 Agreement completed. 2020-11-10 - 3:25:59 AM GMT Adobe Sign 395 Helman Street and 130 Orange Avenue 4ft l%W RUGUE PLANNING 6 DEVELOPMENT SERMES LIE RECIWIVED BY EMAILl 1/09/20210 November 9, 2020 Subject Property Property Address: Map & Tax Lot: Comprehensive Plan Designation: Zoning: Adjacent Zones: Lot Area: Property Owner. Property Line Adjustment Property Address; Map & Tax Lot: Comprehensive Plan Designation: Zoning: Adjacent Zones: Lot Area: Property Owner - Surveyor: Planning Consultation: Page 1 of 8 Minor Land Partition and Property Line Adjustment Request 395 Heiman Street 39 1E 04CB; 5800 Single Family Residential R-1-5 R-1-5 .536 / 23,370 SF James L. Dean Living Trust 395 Helman Street Ashland, OR 97520 130 Orange Avenue 39 IE 04CB; 5700 Single Family Residential R-1-5 R-1-5 11,423 SF Asha Stout 103 La Joya Santa Fe New Mexico 87501 Polaris Land Survey PO BOX 459 Ashland, OR 97520 Rogue Planning & Development Services, LLC 33 N Central Avenue, 4213 Medford, OR 97501 -'J = RECEIVED E Y 11/09/202"'O /\ request for aMinor Land Partition hncreate anew, single family residential parce Vmthe property located at395Heiman Street. The request includes aproperty line adjustment (PL4) between 395 Heiman Street and the adjacent property tnthe west at13OOrange Avenue. Property Description: There are two properties involved in the application. 395 Heiman Street is on the west side of Heiman Street, southeast of the intersection of Orange &venueamdHe|nnanStreet�.The[mt[anactamgm|arvvlthlOO^feetw[frVwkagewnOmangcAvemueand extends 134.5 along H,elman Street. The property is 13,438 square feet in area. There is a public alley that extends to the west at the rear ofthe property. The alley has a 16-fnot+mide right of way. Though not within the historic district, the property is occupied by an architecturally interesting, histo,ric residence. The 2,694 square foot, two story structure was constructed in 1936. The residence replicate features of German architecture. With m steeply pitched roof, use of shed dormers to provide head room, stucco siding, and aprominent chimney, the structure has unique materials and design not typical i:n Ashland's construction styles. The covered front entry faces Orange Avenue. The structure is setback more than 15,-feetfrom 0rangeAvenue, the front. And, setback more than IZ-feetfrom Heiman Street, the side yard. First floor is1,444 square feet, the second floor is 1,248square feet |marea. Attached tothe rear of the residence, accessed via Heiman Street, is a]OOsquare foot garage, There isapool and pool deck area behind the home. /\320square foot shop structure (spresent near the alley wnthe southwest portion ufthe rear yard. The property slopes gradually from the south to north at approximately four percent. The property |oaccessed via anapproxnnativ18-fnotwide concrete driveway tothe north ofthe alley. There are two smaller stature deciduous trees in the alley right of way that pushes the approximately 12-foot wide gravel driving surface south onto Tax Lot 4501. Heiman Street is paved with curb and gutter, landscape parkrow and s,idewalk. There are no street trees imthe parkrovv. City facilities are available within the Heiman Street right-of-way, and the Orange Street right ofway and in the public alley. These include overhead electric power lines along Heiman and in the alley, water lines in Heiman Street, and sanitary sewer and storm drain lines on Orange Avenue. l3UOrange Avenue |s9Ofeet hvl35.5Ofeet for atotal lot area nf1Z,095 square feet inarea. This lot has a 1,460 square foot single story residence constructed in 1928. A small 8-foot by 10-foot shed is F'�E»��IVED BY EMAUU 11�0"�:2020 present along the south west property line. This lot has two driveway curb cuts, a single driveway is present on the east side of the lot. The lot has alley access but it is not an improved access, Both subject properties and the adjacent properties are zoned: R-1-5. The properties are occuplied by residential dwellings and associated out bmUd|mQs. The request iofor a property line adjustment nfthe west property line of395Heiman Street with l]Q Orange Avenue toshift the shared property line five feet. This enlarges the lot area of395Heiman Street and provides adequate width to create a new 50-footvvide lot segregated from 395 Heiman Street. The property line adjustment does not have animpact umthe lot'sability tpcomply with the standards. The resulting lot area exceeds minimum lot areas, lot width, depth, and the existing lot coverage on the site is minimal,. The second component ofthe proposal ipnminor land partition ofthe adjusted 395Heiman Street. Proposed Parcel #1 /395 Heiman Street) would retain the existing residence, garage and the svv mnnmimg pool. Thisparcel isproposed tohave 55'feetoffrontage onOrange Avenue and extend approximately 134.5 feet deep. The resulting lot area of 7,392 square feet exceeds the minimum lot width, depth and area in the zone. The existing residence complies with setbacks and can demonstrate lot coverages are met prior to issuance of a plat. Proposed Parcel #Zis10the west and isproposed ayeninterior parcel. The parcel isproposed tobe 58-feet wide and extend 134.50feet tothe south. The proposed parcel area is 6,72Osquare feet. Thiis parcel complies with minimum lot width, lot depth and lot area. There is an existing garage structure onthe property. |tlnrequested that the structure beretained. New lots are required to demonstrate that o 21-foottaU structure can be constructed on the subject lot and not exceed the lot's N/S lot dimension. The property is oriented north to south with Orange Avenue to the north of the property. The entire right of way can be shaded; thus, the new lot would comply with solar setback lot dimensions. Findings addressing the relevant criteria from the Ashland Municipal Code are provided herein. For clarity, the criteria is in Times New Roman font and the applicant's findings in Calibri font. ��U��I� 1�� UU � � �� v�� 8 �0�0��U� 0 �� Ashland Municipal Code 18.5.3.050 Preliminary Partition Plat Criteria A. 'FIIC future use for urban purposes of the remainder of the tract will not be impeded. Applicant's Finding: The future use of the remainder of the tract as single-family residential use will not be impeded by the proposal. B. 'Fhe development of the remainder of any adjoining land or access thereto will not be impeded. Applicant's Finding: The development of the remainder of any adjoining land or access to adjacent residential lands will not be impeded by the proposal. C. The partition plan conforms to applicable City -adopted neighborhood or district plans, if any, and any previous land use approvals for the subject area. Applicant's Finding: There are no City adopted neighborhood or district plans. To the applicant's knowledge, there are not previous approvals for the subject properties that would prevent the proposed partition. D. 'I'lic tract of land has not been partitioned for 12 months. Applicant's Finding: 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), Applicant's Finding: The proposed parcels conform to the requirements of 1i-1-5 zone, Both parcels will have more than 5,00,0 square feet of area. Parcel #1, the parent parcel is proposed to be 7,392 square feet and Parcel #2 is proposed to be 6,720 square feet in area. Both parcels comply with minimum lot width of 50feet. Parcel #1 is 55-feet wide and Parcel #2 is proposed to 50-feet wide. Both parcels are proposed to be deeper than they are wide. Page 4 of 8 RI� ............... BY EMAII.- 11 /09/2020 The existing residence, and garage comply with the minimum setbacks in the zone. The new property line is six -feet from the foundation of the residence and complies with the setbacks. The residence, garage, pool, driveway and walkways account for 3,549 square feet of impervious surfaces on Parcel #1. This is 48 percent and accounts for less than 50 percent coverage. All setbacks are met with the proposal. Proposed Parcel #2 is presently occupied by a 320 square foot shop building. This structure is requested to be retained versus removed to accomplish the partition. This is due to the fact that demolishing the structure is wasteful when it could be useful to the future property owner. An 8-fiaot by 1 0-foot shed with a small lean-to attached to the side is at 130 Orange Avenue. This'shed structure will need to be relocated to provide a three-foot side yard setback for small sheds. Two parking spaces are provided in the driveway of the existing residence. With the future site development of Parcel #2, access will be taken from the alley and required parking would be provided by the future owner/builder. Orange Avenue is to the north of the property. Including the right-of-way and the required minimum front yard setback of 15-feet, adequate solar setback is provided for a 21-foot tall shade producing point setback less than 50 percent of the lot's north to south dimension. The survey shows the locations of the existing trees on the properties. There is not a development proposal with the application. It would be much more appropriate for the future developer of the site to determine which trees are selected for preservation or removal. There are three trees that are considered significant trees per AMC 18.6.1.030. A These trees will require evaluation by the future property owner and determination if they should be preserved or removed. Due to the location of one of the trees within the buildable area and being a tree on the prohibited plant list, it will likely require removal. The other two trees are larger stature, but they also need a professional evaluation by the future, property owner who would be building. At this stage, it would be inappropriate to propose protection or removal for trees when it is not known when site disturbance or construction will occur. The utility installation necessary for the platting of the proposed partition will not impact the significant trees. There are street trees along the frontage of Helman Street and Orange Avenue of proposed Parcel #1. These are on the property and not within the park row. A street tree will be planted in the park row of proposed Parcel #2 prior to the issuance of the certificate of occupancy of the future home on Parcel #2. F. Accesses to individual lots conform to the standards in secflon 18,43.080 Vehicle Area Design, See also, 18.5,3.060 Additional Preliminary Flag Lot Partition Plat Criteria, Page 5 of 8 RECEIVED �BY E,MAI L_ �"l 1 /09/20 2""' 0 Applicant's Finding: The access to the parent parcel, 396 Heiman Street is from Heiman Street. The, proposed lot will be accessed from the public alley. G. 'Flic 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. 'I'lic preliminary plat shall identify all proposed pUblic improvements and dedications, Applicant's Finding: The existing residence has a water meter on Heiman Street frontage. The new parcel will extend water service from Heiman Street to the Orange Avenue frontage of the new parcel. A new meter will be installed on Orange Avenue. There is a sanitary sewer main in Orange Avenue sanitary sewer service and a new lateral will be extended to the new property, Electric service lines are present in the alley. The new property will have an electric service drop from the power lines on the east side of Heiman Street and brought across the frontage of the property or as per the electric department specifies. Heiman Street is improved with curb, gutter and sidewalk. No changes are proposed, H. Unpaved Streets. 1. MininILIM Street Improvement. When there exists a 20-foot wide access along the entire street Page 6 of 8 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 mininnun width of the street shall be 20-feet with all work done under permit of the Public Works Department. Applicant's Finding: Not Applicable 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. Applicant's Finding: Not applicable RECEIVEI��',"') BY Eii��1`11-1'11:'MXI . 11/09/2020 1. Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from the street. Applicant's Finding: The new lot will take vehicular access from the public alley. The existing lot has a garage that takes access from Heiman Street. J. Required State and Federal permits, as applicable, have been obtained or can reasonably be obtained prior to development. Applicant's Finding: No state car 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. Applicant's Finding: Not applicable 18.5.3.120 — Property Line Adjustment Criteria: B. Approval Criteria. The Staff Advisor shall approve or deny a request for a property line adjustment in writing based on all of the following criteria, 1. Parcel Creation. No additional parcel or lot is created by the lot line adjustment. Applicant's Finding: No, additional parcel or lot is created by the lot line adjustment. 2. Lot Standards. Except as allowed for nolICOnfOrMirig lots, pUrsuant to chapter 1I 8.1.4, or as required by an overlay zone in part 18.3, all lots and parcels conform to the lot standards of the applicable zoning district, including lot area, dimensions, setbacks, and covet -age, per part 182, If a lot does not conform to the lots standards of the applicable zoning district, it shall not be made less conforming by the property line a4iUstment. As applicable, all lots and parcels shall identify a buildable area free of building restrictions for physical constraints (ie., flood plain, greater than 3�5 percent slope, water resource protection zones), Applicant's Finding: Page 7 of 8 RECEIVED BY EMAIL,, The lot line adjustment reduces the width of 130 Orange Avenue by five feet from 90-feet wide to 85-feet wide which is wider than the minimum setback in the zone. The lot width of 3'95 Helmon Street will be increased to 105-feet which allows for the proposed partition. The resulting lot areas of both 130 Orange Avenue and 395 Helman Street exceed minimum lot areas in the zone. The setbacks of each parcel are met or would be met through the relocation of the shed that does not comply with the minimum 3-foot setback from the shored property line. Both lots are conforming and not made less conforming. The adjusted lot area of 130 Orange Street is reduced from 12,095 square feet to 11,423 square feet. The resulting coverage of 130 Helmon Street includes 2,526 square feet of impervious structures and surfaces. This is approximately 20 percent of the total lot area. There are no physical constraints on the property and the residential lot is occupied by a single-family residence and associated outbuildings, therefore, no building envelope is proposed. There is a shed on 130, Orange Avenue that will need to be relocated to have a minimum setback of three - feet for the small, garden shed that is more than 50-feetfrom the front property line and not more than 15-feet in average height, I Access Standards,, All lots and parcels conform to the standards in section 18.4,3,080 Vehicle Area Design. Lots and parcels that do not conform to the access standards shall not be made less conforming by the property line adjustment. Applicant's Finding: The access to 395 Helmon Street is from Helman to the driveway curb cut that accesses the garage. 130 Orange Street has driveway curb cut access from Orange Avenue. The accesses to the lots are not proposed to be modified with the property line adjustment request. C. Final Property Line Adjustment Plat. The final plat for Property Line AdjUStrIMILS shall be prepared as a partition plat, and meet the requirements of sections 1 &53J)90, Applicant's Finding: The final plat of the PLA will be included on the requested partition plat that is part of this application. Page 8 of 8 z xa° � tip u� II j I i�I�c a Al. � $ g