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HomeMy WebLinkAboutOak_915_PA-T1-2020-00123ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA -T1-2020-00123 SUBJECT PROPERTY: 915 Oak St. APPLICANT/OWNER: Courtney Wilson & Peter Canning DESCRIPTION: A request for a Physical and Environmental (P&E) Constraints Review Permit to authorize the construction of a new accessory structure for storage and recreation on the property located at 915 Oak Street. The accessory structure is proposed to encroach approximately forty feet into the floodplain. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; MAP: 39 1E 04 BD; TAX LOT: 1303 SUBMITTAL DATE: September 1, 2020 DEEMED COMPLETE DATE: September 10, 2020 STAFF APPROVAL DATE: October 9, 2020 DEADLINE TO APPEAL (4:30 p.m.): October 21, 2020 FINAL DECISION DATE: October 22, 2020 APPROVAL EXPIRATION DATE: April 22, 2022 DECISION The proposal is to construct a new residential accessory structure for storage and recreation on the property at 915 Oak Street. The proposed location of the structure encroaches in the Ashland Creek floodplain and therefore a Physical and Environmental (P&E) Constraints Permit is required. Subject Property The subject property is found on the east side of Oak St. between Oak Meadow Place and Sleepy Hollow Drive. The property is a rectangle measuring 75' north -south and roughly 533' east -west. Most of the parcel is in the Ashland Creek floodplain which begins roughly 1.90' from the eastern property line when measured at the midpoint north -south. The property slopes downhill from Oak St. with a high elevation of 1.,790' at Oak street dropping down to 1,766' at the eastern edge of the property. The slope downhill is not constant across the property; There is a horne site at approximately 1,787' followed by a steep downhill section behind the house that levels out at approximately 1,771' and then gently slopes to the east. At the far western side of the property is the Ashland Creek, Proposed Development The application involves the construction of a 968 square foot single story structure measuring 44' x 22' with a 22' x 25' concrete slab on the west side of the building for a basketball court. The proposed building has a 5' slab on the north side of the building providing a covered patio area. The total proposed increase in impervious surface is 1,738 square feet. The applicants site plan indicate that it is proposed to be constructed with a setback of 178' from the eastern property line. This will cause the structure to encroach into the floodplain by approximately forty feet. The applicant states that existing development, including the chicken coop, sauna and PA -T1-2020-00123 915 Oak St. / AA Page 1 gazebo as well as the historic use of the area (gardening, bids trampoline, etc.) precludes the structure from being placed further to the east. Flood Background In accordance with the National Flood Insurance Act of 1968 and the Flood Disaster Protection Act of 1973 Ashland is a participating member in the National Flood Insurance Program (NFIP). Ashland has had a history of flooding with major floods in 1964, 1974, and 1997. In 1989 Ashland chose to adopt a local flood zone. The purpose of adopting more stringent flood zones than the FEMA maps was to prevent flood losses based on local historical knowledge of flooding in the city of Ashland. The official map of the Ashland Creek floodplain was based on local studies involving analysis of historic flooding and determined flood elevations associated with the floodplain. Since Ashland adopted the modified floodplain there have continued to be floods that have brought damage to the city, most recently the 1997 flood. However, the expanded floodplain beyond the FEMA flood zone has significantly limited recent flood losses and significant damage. Environmental Constraints The Ashland Creek runs south -north along the western edge of the property. The Ashland Creek has FEMA flood zones as well as the previously mentioned local Ashland Creek floodplain which covers a majority of the property. There is a smaller portion of the subject property that is affected by the FEMA regulated flood zones. As mentioned above, the Ashland Creek floodplain includes flood elevation son for the subject property. The official maps show that the Ashland Creek floodplain has a flood elevation of 1,770' at the proposed site of the new structure with approximately forty feet of the structure encroaching into the floodplain. The Water Resource Protection zone associated with Ashland Creek provides a fifty -foot buffer from the top of bank. Because the site for the proposed development is located over 300' away from Ashland Creek and outside the Water Resource Protection zone, the standards from AMC 18.3.11 are not applicable. Design Standards & Approval Criteria The following design standards must be met for allowed construction in the floodplain: The first standard addresses fill in floodplain corridor land. All fill shall be designed as required by the Oregon Structural Specialty Code (OSSC), and Oregon Residential Specialty Code (ORSC), where applicable. All fill and other material imported from off the lot that could displace floodwater shall be limited to poured concrete and other materials necessary to build permitted structures on the lot. The fill to be brought on site is limited to no more than 50 cubic yards, and fill in excess of that limit must be obtained from on the lot in the floodplain from excavation only to the extent necessary to create an elevated site for permitted development. To limit the amount of fill that would displace flood waters the proposed basketball court pavement shall be constructed at an elevation not to exceed 1,768'. The next two standards for floodplain development (B&C) do not apply to this application, they address crossings of waterways and non-residential structures. PA -T1-2020-00123 915 Oak St. / AA Page 2 The next three standards for floodplain development include elevation and location of residential structures. To the maximum extent feasible, structures shall be placed on other than Floodplain Corridor Lands. In the case where development is permitted in the Floodplain Corridor area, then development shall be limited to that area which would have the shallowest flooding. For residential uses proposed for existing lots that have more than 50 percent of the lot in Corridor Land, structures may be located on that portion of the Floodplain Corridor that is two feet or less below the flood elevations on the official maps. The application materials show that the property clearly has more than fifty percent in the floodplain, and the proposed location is only two feet below the flood elevation on the official maps. The proposed building is residential in nature so it shall be elevated so that the lowest habitable floor shall be raised to one foot above the elevation contained in the official maps adopted pursuant to section 18.3.10.070 Official Maps. The adopted floodplain map of the Ashland Creek floodplain shows a flood elevation of 1770', therefore the structure will be required to be elevated to a finished floor elevation of 1771'. A condition is added to this approval to satisfy the above mentioned standard that the finished floor elevation is one foot above the elevation contained in the official maps. An engineer or surveyor is required to certify the finished floor elevation of the new structure is at 1771' as described above. Prior to construction the applicant is required to have a surveyor establish an elevation benchmark on site. Additionally, the applicant will be required to submit Flood Elevation Certificates at footing inspection, at framing inspection, and at the completion of construction confirming that the elevation of the finished floor will be constructed at the designated height. Additional standards for new construction in the floodplain include a prohibition on basements and the storage or hazardous chemicals, these will both be included as conditions of approval. The next design standard addresses that all fences shall be built per AMC 18.3.11.050.B.3 and that fences are not built in the floodway or across any waterway or stream. The application does not include a request for a fence, and any proposed fence would need to apply for a fence permit and those standards would be addressed at that time. Next, decks and structures other than buildings, if constructed on Floodplain Corridor Lands and at or below the base flood level, shall be flood -proofed to the standards contained in AMC 15.10. A condition of approval has been added below requiring that the proposed covered deck be required to meet the flood proofing standards from AMC 15.10. Finally, there are three criteria of approval for a Physical and Environmental Constraints Permit. These criteria require that potential impacts to the property and nearby considered, and adverse impacts minimized, that all potential hazards have been considered and that all reasonable steps to reduce the adverse impact have been addressed. Staff is confident that the structure is in shallowest flooding based on map analysis. Furthermore Staff feels that the combination of having the structure elevated while also requiring the basketball court to be built at a lower elevation helps compensate for the fill that is required to construct the building, therefore helping to mitigate any potential rise in flood waters. PA -T1-2020-00123 915 Oak St. / AA Page 3 Public Comment During the public comment period, no input was received. Conclusions The applicant has submitted a narrative explaining how their application met the relevant criteria. The proposal, with the conditions of approval listed below, meets the requirements of the Physical and Environmental Constraints chapter for floodplain development and the relevant design standards. The criteria for a Physical Constraints Review Permit are described in AMC Chapter 18.3.10.050, as follows: A. Through the application of the development standards of this chapter, the potential impacts to the property and nearby areas have been considered, and adverse impacts have been minimized. B. That the applicant has considered the potential hazards that the development may create and implemented measures to mitigate the potential hazards caused by the development. C. That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more seriously than reversible actions. The Staff Advisor or Planning Commission shall consider the existing development of the surrounding area, and the maximum development permitted by this ordinance. Planning Action T1-2020-00123 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 T 1 -2020.00123 is denied. The following are the conditions of approval: 1) That all proposals of the applicant shall be conditions of approval unless otherwise modified here. 2) That the applicant shall submit a tree protection plan in accordance with AMC 18.4.5.030.13 3) That prior to the issuance of a building permit: a) That an elevation benchmark for the purposes of confirming all elevations during construction shall be installed on the property by a licensed surveyor. b) That the construction drawings clearly indicate that the following elevations: i) That the location of the structure is located no further west than 178' from the eastern property line. ii) Finished floor elevation of the proposed building shall be built to an elevation of at least 1771 feet. iii) That the proposed basketball court pavement shall be constructed at an elevation not to exceed 1768 feet. c) if the structure is built with stem walls then the construction drawings shall indicate that there is the required venting to allow the equalization of hydrostatic forces, and conforming to all relevant standards of AMC 15.10. PA -T1-2020-00123 915 Oak St. / AA Page 4 d) The deck and other approved structures that are constructed at or below the base flood level, shall be flood -proofed to, the standards contained in AMC 1.5.10. c) That the applicant submits 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 building permit submittal. Transformers and cabinets shall be located in areas least visible from streets, while considering the access needs of the Electric Department. f) Solar setback calculations demonstrating that the proposed construction complies with the Solar Setback along with elevations or cross section drawings clearly identifying the highest shadow producing point(s) and their height(s) from natural grade. g) That a Verification Permit shall be applied for and approved by the Ashland Planning Division prior to site work, excavation, and/or storage of materials. The Verification Permit is to inspect the installation of tree protection fencing. The tree protection shall be chain link fencing six feet tall and installed in accordance with the approved tree protection plan, 4) That the amount of fill brought on the site (including concrete for the foundation) shall be limited to no more than 50 cubic yards, and fill in excess of that limit must be obtained from on the lot in the flood plain from excavation only to the extent necessary to create an elevated site for permitted development. 5) That at the building footing inspection a Flood Elevation Certificate (FEC), prepared by a Licensed surveyor, be filed showing that the final finished elevation will be in accordance with the approved building plans. 6) No Basement shall be allowed in the floodplain. 7) No storage of hazardous chemicals shall be allowed in the proposed building. 8) No new fencing is permitted or approved with this planning approval. Any new fencing on the Subject property shall obtain a fence peri -nit from the City of Ashland in accordance with AMC 18.4.4.060 and any proposed fencing shall meet the fence requirements of AMC 184.4,060 and 18.3.10.080.1.. 9) That prior to the issuance of a certificate Of Occupancy: a) The final construction Flood Elevation Certificate (FEC), prepared by a licensed surveyor including both the finished floor elevation of the new building at least 1771' and indicate that the basketball court is at 1768' or below (or provide a separate F'EC). October 9, 2020 Bill Molnar Date Community Development Department PA -TI -2020-00123 915 Oak St / AA Page 5 October 9, 2020 Notice of Final Decision On October 9, 2020, the Community Development Director approved the request for the following: Planning Action: PA -T1-2020-00123 Subject Property: 915 Oak Street Applicant: Courtney Wilson & Peter Canning Description: A request for a Physical and Environmental (P&E) Constraints Review Permit to authorize the construction of a new accessory structure for storage and recreation on the property located at 915 Oak Street. The accessory structure is proposed to encroach approximately forty feet into the floodplain. COMPRE HENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; MAP: 3 ) 9 t E 04 BD; TAX LOT: 1.30`3 The Community Development Director"s decision becomes final and is effective on the: 121h 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 net prior to project completiom The application, all associated documents and evidence submitted, and the applicable criteria are available for review,,it the Ashland Conununity 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 decisiondate, 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).'I'lie ALUO sections covering reconsideration and appeal procedures are attached. The appeal may not be made directly to the Oregon L,and 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 Tel: 541A88-5305 51 Knburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735 2900 %v w %N.ash I w i d (.) i% u s SECTION 18.5.1.050 Type I procedure (Administrative Decision with Notice) E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to subsection 18.5. 1 .050,G, a Type I decision becomes effective 12 days after the City mails the notice of decision. F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below. 1. Any party entitled to notice of the planning action, or any City departirient may request reconsideration of the action after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision. Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity to respond to the issue prior to making a decision. 2. Reconsideration requests shall be: received within five days of mailing the notice of decision. The Staff Advisor shall decide within three days whether to reconsider the matter. 3. If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any party entitled to notice of the planning action. 4. If the Staff Advisor is riot satisfied that air error occurred Crucial to the decision, the Staff Advisor shall deny the reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration. G. Appeal of Type I Decision. A Type I decision May be appealed to the Planning Commission, pursuant to the following: 1. Who May Appeal. The following persons have standing to appeal a Type I decision. a. The applicant or owner of the subject property. b. Any person who is entitled to written notice of the Type I decision pursuant to subsection 1.8.5.L050. . c, Any other person who participated in the proceeding by submitting written comments oil 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 ill, subsection 18.5.1.05(1.G.1, above, may appeal a 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 01- Upon subsequent appeal, the fee for the initial hearing shall be refunded. b. Time. fear, Filing. A notice of appeal shall be filed with the Staff Advisor within 12 clays of the date the notice, of decision is mailed. c. Content ql'Notice oj'Appeal. The notice of appeal shall be accompanied by the required filing fee and shall contain. i. An identification of the decision being appealed, including the date of the decision. ii. A statement demonstrating the person filing the notice of appeal has standing to appeal, iii. A statement, explaining the specific issues being raised on appeal. iv. A statement denionstrating that the appeal issues were raised during the public comment period. d. The appeal requirements of this section must be fully met or [lie 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. "Flee 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 argumentrelevant concerning any i ordinance provision. 4. Appeal Flearing 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 the final decision of the City on an appeal of a Type I decision. A decision on an appeal is filial the date the City mails the adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of Appeals, pursuant to ORS 197.805 - 197.860. COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541A88-5305 51 WinbUrn Way Fav 541-552-2050 Ashland, Oregon 97520 TTY. 800-735-2900 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 October 9, 2020 l 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 00123, 915 Oak M 8�ignature of Employee C:tUserr,4smithda.AFNHBOesktapAFFIDAVIT OF WILMA= 1019020 PA -T1-2020-00123 391E04BD1390 PA -T1-2020-00123 391E04BD2006 PA -T1-2020-00123 391E04BD2005 AUSTBO KIRK /ANGELA BARBER BOWMAN DANIEL C/DELISLE ALICE CAMPAGNA JESS A/SARA E 905 OAK BT 656 HELMAN ST 670 HELMAN ST ASHLAND„ OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA -T1-2020-00123 391 E04BD1303 PA -Tl -2020-00123 391 E04AC4500 PA -'T1-,2020-00123 391 E04AC4700 CANNING PETER ET AL COSTER GRANT JAY/COSTER LINDA DAVIS PAMELA DAYRL TTEE ET 915 OAK ST 910 OAK ST 900 OAK ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA -T1-2020-00123 391 E04BD1500 PA -T1-2020-00123 391 E04BD1300 PA -T1-2020-00123 391 E04BDI610 FRIEDMAN JOSEPH DAVID GOLDEN JEFFREY S GREEN KENNETH LIJEANNIE T 935 OAK ST PO BOX 1232 125 OAK MEADOWS PL ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA -T1-2020-00123 391 E04BD1611 PA -Tl -2020-00123 391 E04BD1400 PA -T1-2020-00123 391 E04BD1501 GREENEWOOD HOMES LLC HAMILTON DEBORAH R LEWIS NATHAN J ET AL PO BOX 516 227 MIDDLE ST 945 OAK ST ASHLAND, OR 97520 WEST NEWBURY, MA 1985 ASHLAND, OR 97520 PA-T1-20,20-0012339IE04BD1301 PA-T1-2020-00123391E04BD1305 PA -Tl -2020-00123391E04BD1302 MALMBERG NORMA R & PAMELA M PEIL VICTORIA OUACCIA ROBERT J TTEE ET A RTICOR TITLE COMPANY 919 OAK ST 885 OAK ST 180 LITHIIA WAY #101 ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2020-00123391E04AC4700 PA -Tl -2020-00123391E04AC4800 PA -Tl -2020-00123391E04AC4201 SCHLIESMAN PAMELA SHAW CATHERINE M ET AL SMITH CLEO M TTEE FBO ET A. 900 OAK ST 886 OAK ST 960 OAK ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA -T1-2020-00123 391E04BD1401 PA -T1-2020-00123 391E04BD2.004 PA -T1-2020-00123 391E04BD2007 SNOW D REBECCA TTEE ET AL SPEARS BETH M STREET GLENN/BARBARA C PO BOX 337 686 HELMAN ST 642 HELMAN ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA -T1-2020-00123 391E04AC4202 PA -T1-2020-00123 10/0912020 WIDENER LARRY E/MAY B COURTNEY WILSON 915 Oak NOD 952 OAK ST 915 OAK ST 94" , 1 ASHLAND, OR 97520 ASHLAND, OR 97520 Planning Depai'tnient, 51 Winburn Way, AsNand, Oregon 97520 C I T Y 0 F 541-488-5305 Fax: 541-552-2Oi5O wwwashland.or.us TTY: 1-800-735-2900 ASHLAND NOTICE OF APPLICATION PLANNING ACTION: PA -T1-2020-00123 SUBJECT PROPERTY: 915 Oak St. OWNER/APPLICANT: Courtney Wilson & Peter Canning DESCRIPTION: A request for a Physical and Environmental (P&E) Constraints Review Permit to authorize the construction of a new accessory structure for storage and recreation on the property located at 915 Oak Street, The accessory structure is proposed to encroach half the length of the building into the regulated 'Ashland Modified Flood Plain" (not a FEMA flood zone), COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; MAP: 39 1E 04 BD; TAX LOT: 1303. I 11111I M1 V I I kill 1"ARRIZET11 �3 Z a, Subject Property I g f fffff ��,. p 1.,, . -. N eet N 'M 915 Oak Str PA-Tll-2020-00123 J m A L 5A "Mi J QUIN 14 N 0� 7 777777777-7�,­, 01,11 R/ A c'vs//), ., n L iii 10 iii /y'V . . ....... . L 171 Op g OVER GAcomm-devlplanni ngM1Plntming AwT4,ms\PAs 0 by "TCe"0'"\0a"r 9T 15A -T I -202CLOO 123\Naficing\0ak_9] 5A P -T] -2020-00 123 NOC dox C; The Ashland Planning Division Stafi .,as received a complete application for the p. iperty noted on Page 1 of this, notice. Because of the COVI D-1 9 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 orpIanrnng_(5_gshIand.or. LIS. A copy of the application, including all documents, evidence and applicable criteria are availabie online at "What's Happening in my City" at https-.//Q is. ash land. or. u sicleyp . 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 emailing planning 05 _ashland.or.us -_ Any affected property owner or resident has a right to submit written comments to planninq(Ebashland.or.us 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 Planning Commission of the Planning Division Staff's decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18,5,1,050.0) 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 #541-552-2052, Aaron.AndersoLi@) _c Ashland . o, �r. g, . PHYSICAL & ENVIRONMENTAL CONSTRAINTS 18.3.10.050 An application for a Physical Constraints Review Permit is Subject to the Type I procedure in section 18,51,050 and shall be approved if the proposal meets all of the following criteria. A. Through the application of the development standards of this chapter, the potential impacts to the property and nearby areas have been, considered, and adverse impacts have been, minimized. B. That the applicant has considered the potential hazards that the development may create and implemented measures to mitigate the potential hazards caused by the development. C,, That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more seriously than reversible actions. The Staff Advisor or Planning Commission shall consider the existing development of the surrounding area, and the maximum development permitted by this ordinance. by Sueeno\OakdOak 915, PA -'N-2020-00123 NOC.,chnx STATE OF OREGON County of Jackson The undersigned being first duly sworn states that: I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On 9/10/201 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 -T1-2020-00123, 915 Oak. Signature of Employee Documentl 911 W2020 391E04BD1390 PA -T1-2020-00123 AUSTBO KIRK WIANGELA BARBER 905 OAK ST ASHLAND, OR 97520 391 E04BDI303 PA -T1-2020-00123 'CANNING PETER ET AL 915 OAK ST ASHLAND, OR 97520 .... .................. 391 E04BDI300 PA -T1-2020-00123 GOLDEN JEFFREY S PO BOX 1232 ASHLAND, OR 97520 391E04BD1400 PA -T1-2020-00123 HAMILTON DEBORAH R 227 MIDDLE ST WEST NEWBURY, MA 1985 391E04BD1305 PA -T1-2020-00123 PEIL VICTORIA 919 OAK ST ASHLAND, OR 97520 391 E04AC4800 PA -T1-2020-00123 SHAW CATHERINE M ET AL 886 OAK ST ASHLAND, OR 97520 391E04BD2004 PA -T1-2020-00123 SPEARS BETH M 1686 HELMAN ST ASHLAND, OR 97520 I PA -T1-2020-00123 COURTNEY WILSON 915OAK ST 'ASHLAND, OR 97520 'r � E�sY P��l Adclr�ss Laj�Els u Qe f'lafte� NMI ne lr�xpc5se fop [1p Eci 1' 391 E04BD2006 PA -T1-2020-00123 BOWMAN DANIEL CIDELISLE ALICE 656 HELMAN ST ASHLAND, OR 97520 391 E04AC4500 PA -T1-2020-00123 COSTER GRANT JAYICOSTER LINDA 910 OAK ST ASHLAND, OR 97520 391E04BD1610 PA -T1-2020-00123 GREEN KENNETH LIJEANNIE T 125 OAK MEADOWS PL ASHLAND, OR 97520 391E04BD1501 PA -T1-2020-00123 LEWIS NATHAN J ET AL 945 OAK ST ASHLAND, OR 97520 391 E04BD1302 PA -T1-2020-00123 QUACCIA ROBERT J TRUSTEE ET A 885 OAK ST ASHLAND, OR 97520 391 E04AC4201 PA -T1-2020-00123 SMITH CLEO M TRUSTEE FBO ET A 960 OAK ST ASHLAND, OR 97520 391E04BD2007 PA -T1-2020-00123 STREET GLENN/BARBARA C 642 HELMAN ST ASHLAND, OR 97520 391 E04BD2005 PA -T1-2020-00123 CAMPAGNA JESS AISARA E 670 HELMAN ST ASHLAND, OR 97520 391E04BD1500 PA -T1-2020-00123 FRIEDMAN JOSEPH DAVID 935 OAK ST ASHLAND, OR 97520 391E04BD1611 PA -T1-2020-00123 GREENEWOOD HOMES LLC PO BOX 516 ASHLAND, OR 97520 391E04BD1301 PA -T1-2020-00123 MALMBERG NORMA R & PAMELA M R TICOR TITLE COMPANY 180 LITH [A WAY #101 ASHLAND, OR 97520 391 E04AC4700 PA -T1-2020-00123 SCHLIESMAN PAMELA 900 OAK ST ASHLAND, OR 97520 391E04BD1401 PA -T1-2020-00123 SNOW D REBECCA TRUSTEE ET AL PO BOX 337 ASHLAND, OR 97520 391E04AC4202 PA -T1-2020-00123 WIDENER LARRY E/MAY B 952 OAK ST ASHLAND, OR 97520 915 Oak NOC 9110120 22 ww $,k& Planraing Division ZONING PERMIT APPLICATION tramal 51 Winburn Way, Aslitand OR 97520 PA -Tl -2020-00123 CITY or 488-5305 Fax 541488-0)6 FILE # ASHLAND 541 DESCRIPTIONLOF pRogg,.Recreabon & Storgge Outbuilding StreetAddress9150akSt Tax Lot(s) 1303 Zoning R-1-5 C=p Plan Designation OEM APPUCANT Name Courtney Wilson Phone 541-9 214-48o3E.mail courtne�.wilson@qmajlxom city Ashland Zip 97520 MMUL90-0 Courtney Wilson 5419144803 ashiandfam@icloud.com Narns Phone Address 915 Oak St city Ashland rip 97520 SURVEYOR, ENGMEER, ARCHITEC.T, LANDSCAPE ARCHREC1% 0"EK Me Draftsman -- -Name Pete Fawcett Phon& U, 077MIT Me Name HE a L&M Emoz= Zip -.'A— I herebyer* that the statements and inb7ndion contained in this application, including the encloseddrewinp and the requiredfodings of fed, am in sit respects, bueandowed f understand that alpropertypins must be shown on the drawings and visibte upon the site inspection, In the eveNthe pins are not shown orthele location found to be Incorrect the owner assumes tull repoonm1billy. i "er understand that rf this request is subsequently contested, the burden Wit be on me to establish: 1) that I producedwAdent f8dual evidence at the h to support this request; 2) that the findngs of fed Arni0edjuslifies the granting of the request; 3) that the findings of fact furnished by me are adequate,, and bather 4) that so structures or improvements are property located an the ground Failure i,7 this regard 01 result most likely in not only the request being set aside, but also possibly in my structures being buill in rebma itiereon being requireti to 'my xpe competent profas4onal advice and awigwce, 7 ( ov" Applicanfst bate As owner of Ethe myope tyinvolved In this r yeest, I It Ve read and understood the complete appiceffon end its consequences to me as a property owner. Property OwQs Signature (required) Date fro bo 4wo*d bre W4 If 11 Date Received Zoning Permit Tva—:�4. OVER 0* RECEIEVED BY EMAIL 0910112T2f� ZONING PERMIT SUBMITTAL REQUIREMENTS ❑ APPLICATION FORM must be completed and signed by both applicant and property owner. ❑ 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. ❑ 2 SETS OF SCALED PLANS no larger than 11 "x17". include site plan, building elevations, parking and landscape details. (Optional —1 additional large set of plans, 2'x3', to use in meetings) ❑ 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 LEEDO Accredited Professional as part of the project team throughout design and construction of the project; and • The LEEDO checklist indicating the credits that will be pursued. NOTE: • 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, orthe full Planning Commission, which meets at 7:00 pm on the second Tuesday of each month. Meetings are held at the City Council 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. RE C E( EVE D BY E M A I L 0 9/ G.114l4r QF & tiandoutsVooing Permit Appli(:Alimdw 915 Oak St, Map/Tax Lot: 1303 391E04B© Zone R-1-5 Storage Outbuilding Courtney Wilson & Peter Canning We request a building permit to construct a storage outbuilding in the back of our property, Our home currently does not have a garage and inside storage is limited. The purpose of this structure is to increase storage capacity and to provide additional recreation space for our kids (ping pang table, etc). The most ideal location for this structure is, as picture, just at the edge of the flood plain. We have considered alternatives, but given the location of other existing outbuildings (chicken coop, sauna, gazebo) and our neighbor's home/deck we have determined that this is the best location for the building. After review of the Development Standards for Flood Pain Corridor Lands with Aaron Anderson we were advised that our proposal meets required standards for development as outlined in section 18.3.10.080 of the Building Code. Specifically, >50% of our property is within the flood plain. Additionally, preliminary review of topographic maps suggests that the elevation at the desired building site is above 10 feet above the Ashland Creek stream channel and require Base Flood Elevation building standards. Subsequent conversations indicate that this interpretation of the Building Code may not be accurate. In the interest of compromise, we would propose to the City moving the structure 22 feet toward the East of the originally proposed site. We have made a reasonable effort to locate the structure in the area where the shallowest flooding would occur while also preserving our neighbor to the North's view of Mt. Ashland, and also preserving some of our inner yard space where we enjoy gardening, playing soccer with our kids and where our trampoline is located. The building will be 44' x 22' (968 sq ft) single story structure with 22' x 25' concrete slab on the west boarder of the building and additional 44' x 5' concrete slab patio on the North side of the building—which we would be willing to forego if there are concerns with this. Total impermeable area under development is 1738 sq ft 0.04 acres. Our existing home is 2300 sq ft = 0.025 acres on the bottom story. No trees or landscaping will be damaged or removed during construction. RECEI EYED BY EMAIL 09/01/2020 915 Oak St, Map/Tax Lot: 1303 391E0481) Zone R-1-5 Storage Outbuilding Courtney Wilson & Peter Canning RECEIEVED BY EMAIL 0910112020 915 Oak St, Map/Tax Lot: 1303 391E04BD Zone R-1-5 Storage Outbuilding Courtney Wilson & Peter Canning ,Ji -IH_N.%V1A,til ;#.7 i93.. RAF,%VM 7ACKSON [70UNTY 39r IE (MBDtil tits 7X _ i ! � i NEVADA n`i�r[� M`STRE T ..._. _.�--------- RANDY STREET P _? 6�3�lri _ t- 1 x .r" Pa. .., j z µ .A.,.—___— I RECEI EYED BY EMAIL 09/01/2020 l41 B Sl4Bi7 Aiiil.�WD i q � _ n 'wo-j d0Hg/39v1'd9 aasoj aw v m t�u�II RN X o�czi}a� au ��am arcs RP > 11 H r- N ou am M C, od2 - W IRF urcma o�sz o°yB" < De Eg Wa�og is N 4 Me -9 u o€ -h- W -81i rq '3E U :111S @ � L�10 $g�a,��� 3 :a $t s4 G 581 u - �� 3l'.�p o C °�a� iL-jl� f r `: \\ r I+ •'i1�5:.,�g (� i\� �,c.�,`�, ,�.,.ti'�`;Y ✓-'-r�`��'.` .\ �a, �!' ..,'.{�-,�, �"v`�`''�-- -- �----�'tom''• ``�___—�-_----- — �s + + N7 ZL n c3 W w W 0 LU 7 U LUM 'dOOL�Lbg v�U lOMmw- yRaw a ��oa< LU _< Q uYi m k 1 """"" —'— ____ I � i i t H tt ------------- t I; �p E� I I € t� i• I � r r 3 I w $E ' i U ._____________ i I 1 I i l I `c9 i 1 I 1 � E I 1 ��♦� ni ! I t � gi 1 I i I c I i 1 r P _._._.___ L \ 99A iR AM w� p� HIMll� v d 4`J�4":+IYi�N�€Q =clod ao esti a: Qa Il u�J C/ 13 �':;%3as�uc w•��+•J ..; I''IaWIHSV '11 �y3]({2'ei \f mo sw fl �1��0 V U V lJ� � V 1V V U�tivV � '1��4JII �� o r � z an :WOE d0HS/39YbiV9 =Wck "rf r O� IL F g u! J p ul 03 r F r i� Or .o -aa Lf1 s lit W ww wrl .0 as.• e O - p o s —� �? o tial 3 [L ® HRY9 V4 � ? $ lu § | ■ !� R m O m ` z > � !|� � t « E ( ƒ� a d ¥o ab J City of Ashland Community Development Department 51 Winburn Way Ashland, OR 97520 Telephone: 541-488-5305 Inspection Line: 541-552-2080 Plan Type: Type I Planning Action Work Class: Type I Planning Action PA -Tl -2020-00123 pply Date: 9/1/2020 h 391 E04BD1303 915 Oak St Owner: Peter Canning Owner 915 Oak St Address: Ashland, OR 97520 Phone: (541) 914-4803 Applicant: Courtney Wilson Applicant 915 Oak St Address: Ashland, OR 97520 Phone: (541) 914-4803 P&E permit to build Non-habital building in flood plain. 1 Fee Description: �_ Amount: Physical Constraints Permit (Type 1) $1,092.00 Applicant: Date: $1,092.00 .............