HomeMy WebLinkAboutEMain_3175_3195_PA-T1-2020-00130CITY OF
-ASHLAND
December 16, 2020
Notice of Final Decision
On December 16, 2020, the Community Development Director approved the request for the
following:
Planning Action: PA-T1-2020-00130
Subject Property: 3175-3195 East Main Street
Applicant: Rogue Planning & Development Services
Description: A request land use approval for a two -lot partition of a 0.87-acre lot. The
tentative partition plat submitted with the application indicate that the two resultant parcels will be
0.49 and 0.37 acers in size. The application includes detailed findings explaining how the proposal
meetings the relevant criteria. COMPREHENSIVE PLAN DESIGNATION: Employment;
ZONING: E-1; MAP: 39 1 E 12; TAX LOT: 340.
The Community Development Director's decision becomes final and is effective on the 121b 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 Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us I LQA
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: PA-T1-2020-00130
SUBJECT PROPERTY: 3175-3195 East Main Street
APPLICANT: Rogue Planning & Development Services
OWNER: Pete Wallstrom
DESCRIPTION: A request land use approval for a two -lot partition of a 0.87-acre
lot. The tentative partition plat submitted with the application indicate that the two resultant
parcels will be 0.49 and 0.37 acees in size. The application includes detailed findings explaining
how the proposal meetings the relevant criteria.
COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1;
MAP: 39 lE 12; TAX LOT: 340
SUBMITTAL DATE:
October 29, 2020
DEEMED COMPLETE DATE:
November 27, 2020
STAFF APPROVAL DATE:
December 16, 2020
DEADLINE TO APPEAL (4:30 p.m.}:
December 28, 2020
FINAL DECISION DATE:
December 29, 2020
APPROVAL EXPIRATION DATE:
June 29, 2022
DECISION
Proposal
The proposal is a request for a land partition to create two lots for the property located at 3175
East Main St. The application includes a preliminary partition plat prepared by Polaris Land
Surveying. The resultant property configuration will be a flagpole serving proposed parcel 1
which will have the building addressed as 3195 East Main, and proposed parcel 2 will have the
buildings addressed as 3175 and 3185 East Main.
Property
The subject property was manifest in its current configuration as parcel 2 of Partition Plat P-110-
1990 (recorded as county survey #12229) and is 0.871 acres in size. The property fronts East
Main St. and is zoned Employment (E-1). The surrounding properties to the north and east are
also E-1, and C-1 to the west on the other side of East Main. The property is generally flat with a
slight slope to the northeast. The property is developed with three separate buildings and a paved
area that connects to east main and to the adjacent property to the north.
Partition
As mentioned above the preliminary plat included with the application indicates that proposed
Parcel one would retain the existing building addressed as 3195 East Main, and that proposed
parcel two would retain the two buildings addressed as 3175 and 3185 East Main. There is no
minimrnn lot area, width or depth, or maximum lot coverage; or minimum front, side or rear
PA-T1-2020-00130
3175 & 3195 East Main St.laha
Page 1
yard. The minimum required landscape area 15%, and while it appears that both lots meet this
standard a condition of approval is that prior to final plat the applicant shall demonstrate that this
standard is met.
The preliminary partition plat shows a flagpole portion of the lot that extends to East Main as
eight -feet wide. The code allows for a flagpole of eight feet in width when the flag lot is adjacent
to an alley. The subject property has no alley adjacent, there for the flagpole shall either be
twenty-five feet wide or provide at least forty feet of frontage to comply with access and
minimum frontage standards of AMC 18.2.4.010. A condition of approval has been added below
requiring a modification of the preliminary partition plat to comply with the above standard.
The application proposes that the shared driveway from East Main is to be used to serve both
parcels, but the preliminary partition plat shows no easement serving proposed parcel one. Staff
recognizes that there is an access casement across tax lots 339 and 342, however staff is of the
opinion the easement shown on the preliminary plat across those tax lots does not benefit the
subject parcel as it was dedicated on a plat that only subdivided the above mentioned tax lots,
and therefore the benefit of this parcel does not inure to the subject parcel. A condition of
approval will be included that a final partition plat show an easement at least fifteen feet wide
providing access for parcel one across parcel two pursuant to AMC 18.5.3.060.D.
Staff feels that with the conditions of approval listed above the application meets the required
approval criteria for a partition. The property is fully developed, and no new development is
proposed. The land to the cast is served by its own flagpole twenty-five feet in width, and the
land to the south is fully developed therefore the result of this partition does not impede future
development. There is no City adopted neighborhood plan that affects the property, and the tract
of land has not been partitioned for twelve months. The property configuration, after the
conditions of approval are applied will meet all the requirements of the underlying zone. Any
nonconformities with site design review standards and vehicle area design are pre-existing.
There are no proposed public improvements or dedications, but a condition of approval requiring
the applicant to sign in favor of a LID for any such future improvements has been added.
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 on the date that the Notice
of Complete application was mailed. During the two week period of public comment no input
was received either in favor or against the proposed partition.
X X X
The approval criteria for a Land Partition are detailed in AMC 18.5.3.050 and AMC 18.5.3.060 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.
PA-TI-2020-00130
3175 & 3195 East Main St./aha
Page 2
D. The tract of land has not been partitioned for 12 months.
F. Proposed lots conform to the requirements of the underlying zone, per part 18.2, any applicable
overlay zone requirements, per part 18.3, and any applicable development standards, per part 18.4
(e.g., parking and access, tree preservation, solar access and orientation).
F. Accesses to individual lots conform to the standards in section 18.4.3.080 Vehicle Area Design. See
also, 18.5.3.060 Additional Preliminary Flag Lot Partition Plat Criteria.
G. The proposed streets, utilities, and surface water drainage facilities conform to the street design
standards and other requirements in part 18.4, and allow for transitions to existing and potential future
development on adjacent lands. The preliminary plat shall identify all proposed public improvements
and dedications.
H. Unpaved Streets.
1. Minimum Street Improvement. When there exists a 20-foot wide access along the entire street
frontage of the parcel to the nearest fully improved collector or arterial street, as designated in the
Comprehensive Plan, such access shall be improved with an asphaltic concrete pavement
designed for the use of the proposed street. The minimum width of the street shall be 20-feet with
all work done under permit of the Public Works Department.
2. Unpaved Streets. The Public Works Director may allow an unpaved street for access for a land
partition when all of the following conditions exist.
a. The unpaved street is at least 20-feet wide to the nearest fully improved collector or arterial
street. The City may require the street to be graded (cut and filled) to its standard physical
width, and surfaced as required in chapter 18A.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.
K. A partition plat containing one or more flag lots shall additionally meet the criteria in section
18.5.3.060.
18.5.3.060 Additional Preliminary Flag Lot Partition Plat Criteria
The approval authority shall approve a preliminary plat application for a flag lot partition only where all of
the following criteria are met.
A. The criteria of section 18.5.3.050 are met.
B. For the purpose of meeting the minimum lot area requirement, the lot area, exclusive of the flag drive
area, must meet the minimum square footage requirements of the zoning district.
C. Flag drives shall be in the same ownership as the flag lots served. Where two or more lots are served
by the same flag drive, the flag drive shall be owned by one of the lots and an easement for access shall
be granted to the other lot or lots.
PA-Tt-2020-00130
3175 & 3195 East Main St./aha
Page 3
D. Except as provided in subsection 18.5.3.060.H, below, the flag drive serving a single flag lot shall
have a minimum width of 15 feet and contain a 12 foot wide paved driving surface. For drives serving two
flag lots, the flag drive shall be 20 feet wide, with a 15 foot wide driving surface to the back of the first lot,
and a 12 foot wide driving surface to the rear lot. Drives shared by adjacent properties shall have a width
of 20 feet, with a 15 foot paved driving surface. Width shall be increased on turns where necessary to
ensure fire apparatus remain on a paved surface during travel.
E. Curb cuts have been minimized, where possible, through the use of common driveways. No more
than two flag lots are served by the flag drive.
F. Flag drive grades shall not exceed a maximum grade of 15 percent. Variances may be granted for
flag drives for grades in excess of 15 percent but no greater than 18 percent for not more than 200 feet.
Such variances shall be required to meet all of the criteria for approval in chapter 18.5.5 Variances.
G. Flag drives shall be constructed to prevent surface drainage from flowing over sidewalks or other
public ways.
H. Flag lots adjacent to an alley shall meet all of the requirements of this section, except that:
1. Vehicle access shall be from the alley only where required as a condition of approval.
2. No screening and paving requirements shall be required for the flagpole.
3. A four foot pedestrian path shall be installed within the flagpole and improved and maintained
with either a concrete, asphalt, brick, or paver block surface connecting the street to the buildable
area of the flag lot.
4. The flag pole width shall be no less than eight feet wide and the entrance of the pole at the street
shall be identified by the address of the flag lot clearly visible from the street on a four -inch by four -
inch post that is 3'/z feet high. The post shall be painted white with black numbers three inches high
running vertically down the front of the post. For flagpoles serving two or more dwellings, the
addresses of such dwellings shall be on a two foot by three foot white sign clearly visible from the
street with three-inch black numbers.
1. Flag drives and firework areas shall be deemed Fire Apparatus Access Roads under the Oregon Fire
Code and subject to all requirements thereof.
J. When required by the Oregon Fire Code, flag drives greater than 150 feet in length shall provide a
turnaround (see Figure 18.4.6.040.G.5). The Staff Advisor, in coordination with the Fire Code Official,
may extend the distance of the turnaround requirement up to a maximum of 250 feet in length as allowed
by Oregon Fire Code access exemptions.
K. Each flag lot has at least three parking spaces situated to eliminate the necessity for vehicles backing
out.
L. There shall be no parking within ten feet of the centerline of the drive on either side of the flag drive
entrance.
M. Flag drives serving structures greater than 24 feet in height, as defined in part 18.6, shall provide a
fire work area of 20 feet by 40 feet clear of vertical obstructions and within 50 feet of the structure. The
fire work area requirement shall be waived if the structure served by the drive has an approved automatic
sprinkler system installed.
N. Both sides of the flag drive have been screened with a sight -obscuring fence, wall or fire-resistant
broadleaf evergreen sight -obscuring hedge to a height of from four to six feet, except in the front yard
setback area where, starting five feet from the property line, the height shall be from 30 to 42 inches in
the remaining setback area. Such fence or landscaping shall be placed to ensure fire apparatus access is
not obstructed by the encroachment of mature landscaping.
O. The applicant has executed and filed with the Community Development Department an agreement
between applicant and the City for paving and screening of the flag drive. Such an agreement shall
specify the period within which the applicant, or agent for applicant, or contractor shall complete the
paving to standards as specified by the Public Works Director and screening as required by this section,
and providing that if applicant should fail to complete such work within such period, the City may complete
the same and recover the full cost and expense thereof from the applicant. An agreement shall also
provide for the maintenance of the paving and screening pursuant to this section, and assurance ongoing
maintenance.
PA-T1-2020-00130
3175 & 3195 East Main StJaha
Page 4
P. Flag lots shall be required to provide a useable yard area that has a minimal dimension of 20 feet
wide by 20 feet deep. As used in this chapter, the term "useable yard area" means a private yard area
which is unobstructed by a structure or automobile from the ground upward.
Decision
The applicants have submitted materials to the Planning Department to demonstrate compliance
with the applicable approval standards listed above and by their reference are 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-T1-2020-00130 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-T1-2020-00130 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 property configuration shall be modified to comply with the Minimurn Access
standards of AMC 18.2.4.010,
3) That an easement at least fifteen feet wide be dedicated to serve parcel one.
4) Demonstrate that each of the two parcels has at least 15% of the lot area landscaped.
5) That the applicant be required to sign in favor of a LID for future improvements to East
Main Street including, but not limited to, curb, gutter, sidewalk, etc.
6) That the applicant shall obtain any necessary permits and inspections from. the Public
Works Department for any work within the public rights -of -way.
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.
A
12.16.2020
Bill Molnar, Community Development Director
Department of Community Development
Date
PA-T 1-2020-00130
3175 & 3195 East Main St.laha
Page 5
y9E
a
• . B
RA4T-2020-00130 391 E11 DD900
PA,,-T1-2020-00130 391 E11 DD1700
ASHLAN'D HILLS HOTEL LLC
BURGESS STEVENNERA
951 EMIGRANT CREEK RD
PO. BOX 3454
ASHLAND, OR 97520
ASHLAND, OR 97520
PA-T1-2020-00130 391E12342
PA-T1-2020-00130
LONGIOTTI CORDINO A/TAMMIE
POLARIS LAND SURVEYING
3161 E MAIN ST
PO BOX 459
ASHLAND, OR 97520
ASHLAND, OR 97520
PA-T1'-2020-00130
PA-T1-2020-00130 391E12320
ROGUE PLANNING & DEVELOPMENT
SECURE STORAGE OF ASHLAND LLC
1314-B CENTER DR. PMB 457
MARIANNE WALKER
MEDFORD, OR 97520
65895 HIGHWAY 20
BEND, OR 97703
PA-T1-2020-00130 391 E12340
WILLYS HOUSE LLC ET AL
PETE WALLSTROM
3195 E MAIN ST #2
ASHLAND, OR 97520
PA-T1-2020-00130 391E12303
JOHNSON KRISTA L TRUSTEE ET A
1348 PROSPECT ST
ASHLAND, OR 97520
PA-T1-2020-00130 391El4AA100
REES CYNTHIA L
540 OAK KNOLL DR
ASHLAND, OR 97520
PA-T1-2020-00130 391E12319 i
WAND ARLO THUNDERITHERESA DIA
3155EMAIN ST
ASHLAND, OR 97520
3175-3195 E. Main j
NOD 10
12.16.2020
AFFIDAVIT OF MAILING
STATE OF OREGON j
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 12/16/20 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-T1-2020-00130, 3175-
3195 East Main St.
gue"
Signature of Employee
G:icomm-devlplanninglPlannEng AclonslPAs 6y SkeetlBEast MainlEMaln_31761PA-T1-202E)-001301NoiicesWODlEMain_3175_3195_PA-T1-2020-0013C—NOD A9ideViLdocx 12l1612020
Planning Department, 51 Winbuiij Way, Ashland, Oregon 97520 C I T Y 0 F
541-488-5305 Fax: 541-552-2050 wwashland.orms TTY: 1-800-735-2900 ASHLAND
NOTICE OF APPLICATION
PLANNING ACTION: PA-T1-2020-00130
SUBJECT PROPERTY: 3175-3195 East Mahn Street
OWN E R/APPL [CANT: Pete Wallstrom
DESCRIPTION: A request land use approval for a two -lot partition of a 0,87-acre lot. The tentative partition plat
submitted with the application indicate that the two resultant parcels will be 0,49 and 0.37 avers in size. The
application includes detailed findings explaining how the proposal meetings the relevant criteria,
COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP #: 39 1 E 12;
TAX LOT: 340
Subject Property
3176-3196 East M'aiin St.
PAJI-2020-00130
ff
OVER
AcdonsTAs by StreettL`dlast NfainTMain-3175TA-T I -2020-OU130\Noticeq\EMaiti,-317,5-,'i195—I'A-'F I -2020-00130 NOC-docx
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
orpLanmnq@ashIand.or.us.
A copy of the application, including all documents, evidence and applicable criteria are available online at "What's
Happening in my City" at 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, :61 Winburn Way, via a pre -arranged
appointment by calling (541) 488-5305 or emailing pLannin_ ashlancl.or.gs.
q@_ —
Any affected property owner or resident has a right to submit written comments to Dianning@ashiland,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.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 declsion 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
aaron. and ersongash land, or. u s.
PRELIMINARY PARTITION PLAT
18.53.050
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 wilt 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, 1853.060 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 ailow
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 Ran, 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 18A.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
AdonsWs by StreeAFT'ast MainTMairl' doox
of the owner of the subject property' nonstrate both with respect to the owners agreeir participate in the cost of full street improvements
and to not remonstrate to the tormati,.. of a local improvement district to cover such impro. . ,ents 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.
Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from the street.
Required State and Federal permits, as applicable, have been obtained or can reasonably be obtained prior to development.
G:lcomm-devlplanningTianaing AciionsTAs by StreetlElEast MaintiEMain_317STA-Tl-2020-001301NMicesTMain_3175-3195_PA-TI-2020-00130_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 13, 2020 1 caused to be mailed, by regular mail, in a
sealed envelope with postage fully prepaid, a copy of the attached planning action
notice to each person listed on the attached mailing list at such addresses as set
forth on this list under each person's name for Planning Action #PA-T1-2020-
00130, 3175-3195 East Main Street.
Signature of Employee
C:lUserslsmithda.AFNHE10esk1op4AFFIDAVIT OF WILM A=1111312020
PA-T1-2020-00130 391 E11 DD900 PA-T1-2020-00130 391 E11 DD1700 PA-T1-2020-00130 391 El DD400
ASHLAND HILLS HOTEL LLC BURGESS STEVENNERA JOHNSON KRISTA L TRUSTEE ET A
951 EMIGRANT CREEK RD PO BOX 3454 1348 PROSPECT ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2020-00130 391 E12342
LONGIOTTI CORDINO AITAMMIE
3161 E MAIN ST
ASHLAND, OR 97520
PA-T1-2020-00130 391 E12319
WAND ARLO THUNDERITHERESA DIA
3155 E MAIN ST
ASHLAND, OR 97520
PA-T1-2020-00130
POLARIS LAND SURVEYING
PO BOX 459
ASHLAND, OR 97520
PA-T1-2020-00130 391 El 4AAl 00
REES CYNTHIA L
540 OAK KNOLL DR
ASHLAND, OR 97520
PA-T1-2020-00130 391 E12340
WILLYS HOUSE LLC ET AL
PETE WALLSTROM
3195 E MAIN ST #2
ASHLAND, OR 97520
3175-3195 E Main
11/13/20 NOC
10
PA-T1-2020-00130 391 E12320
SECURE STORAGE OF ASHLAND
LLCMARIANNE WALKER
65895 HIGHWAY 20
BEND, OR 97703
PA-T1-2020-00130
ROGUE PLANNING & DEVELOPMENT
AMY GUNTER
33 N CENTRAL AVE STE 213
MEDFORD, OR 97501
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Planning Division
51 Winburn Way, Ashland OR 97520
CITY OF 541-488-5305 Fax 54I-488-6006
-ASHLAND
ZONING PERMIT APPLICATION
FILE#
DESCRIPTION OF PROJECT Minor Land Partition for two lots with flag lot
DESCRIPTION OF PROPERTY
Street Address 3175 T 3195 East Main Street
Assessor's Map No. 39 1 E
Zoning Employment (E-1)
Pursuing LEEDO Certification? ❑ YES 0 NO
Tax Lot(s) 340
Comp Plan Designation _ Employment __
APPLICANT
Rogue Planning & Development Services, LLC 541-951-4020 am unter. planning@gmaii.com
Name Phone E-Mail yg P 9@g
Address 33 N Central Avenue, Suite 213 City Medford Zip 97501
PROPERTY OWNER
Name Pete Wallstrom
Phone E-Mail Pete@momentumriverexpeditions.com
Address 3195 E Main Street 2 1 City Ashland Zip97520
SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER
Title Surveyor Name Polaris Land Surveying Phone 541-482-5009 _E-Mail spawn(@polarislandsurvevirLc om
Address PO Box 459
Title
Address
ame
City Ashland
Phone E-Mail
City
Zip 97520
Zip
I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact are in all respects,
true and correct. 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 1 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 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, I am advised to seek competent professional advice and assistance.
,�1 u October 14, 2020
Applicant's SignatiWe Date
As owner of the prop rty i volved in this request, I have read and understood the complete application and its consequences to me as a property
owner.
Oct 17, 2020
Prape y wner s ignature (required) Date
[TO be completed by Uty staN]
Date Received Zoning Permit TyP f, IR Filing Fee $ b�
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OVER N
GAcomin-dev\planningTorms & Ilandout8\Zoning Permit ApplicOon.doc
Zoning
Final Audit Report
"Zoning Permit Application" History
D Document created by Amy Gunter (amygunter.planning@gmail.com)
2020-10-16 - 2:66:52 PM GMT- IP address: 96.39.164.6
2020-10-17
C 4 Document emailed to Pete Wallstrom(pete@momentumriverexpeditions.com) for signature
2020-10-16 - 2:57:37 PM GMT
L- r) Email viewed by Pete Wallstrom(pete@momentumriverexpeditions.com)
2020-10-16 - 3:07:40 PM GMT- IP address: 66.102.6.230
Document e-signed by Fete Wallstrom(pete@momentumriverexpeditions.com)
Signature Date: 2020-10-17 - 9:41:18 PM GMT - Time Source: server- IP address: 174.222.2.16
Agreement completed.
2020-10-17 - 9:41:18 PM GMT
mm- Adobe Sign
ZONING PERMIT SUBMITTAL REQUIREMENTS
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 I x17". include site plan, building 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 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, or the 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.
GAcomm-dMplanningTnrms & Hmdoutsl7.oning Permit Appiicadon,doc
3175 — 3195 East Main Street
Minor Land Partition including Flag Lot
39 1E 12; 340
ROGUE PLANNING 9 OEVELOPMENT SERVICES, LLC
October 26, 2020
Minor Land Partition of the property at 39 1E 12 TL#340 to create
Two parcels including one flag lot
Subject Propert
Address: 3175, 3185, 3195 EAST MAIN STREET
Map & Tax Lot: 39 1E 12; Tax Lot: 340
Comprehensive
Plan Designation: EMPLOYMENT
Zoning: E-1
Adjacent Zones: E-1, C-1, Jackson County RR-5
Lot Area: 37,940.76 SQUARE FEET
.871 ACRE
Overlays: AIRPORT OVERLAY
WILDFIRE HAZARDS
Property Owner: Willys House LLC Et Al
Pete Wallstrom
3195 East Main Street #2
Ashland, OR 97520
Planning Consultant: Rogue Planning & Development Services, LLC
Amy Gunter
33 N Central Avenue; Suite 213
Medford, OR 97501
Surveyor: Polaris Land Surveying
PO BOX 459
Ashland, OR 97520
Reguest:
The request is a minor land partition of the .871-acre parcel into two parcels including one flag lot.
Minor Land Partition
3175-3195 E. Main Street
October 26, 2020
Page 1 of 10
Pro ert pescri tion:
The subject property is on the north side of East Main Street,
approximately 130 feet from the intersection of East Main
Street and HWY. 66.
The property was created as part of three lot partition in
1990 that created the subject lot and the larger parcel to the
northeast and the parcel to the northwest (this lot was been
further partitioned in 1995). The property is occupied by
three structures and a large vehicle maneuvering, parking
and landscape areas.
The property and the properties to the north, and east are
zoned Employment. To the west, across East Main Street, the
property is zoned Commercial. The property to the south
across HWY 66 is zoned Single Family Residential, R-1-10.
All of the adjacent properties are within the Airport Overlay
Zone, the Ashland Municipal Airport is 340-feet to the
northeast.
East Main Street has a 60-foot wide right-of-way across the
frontage of the parcel. The East Main Street is improved to
approximately 32-feet with two six-foot bike lanes and two
ten -foot travel lines. East Main Street is a Jackson County
Public right-of-way under the jurisdiction of Jackson County
Roads.
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The site is accessed via a shared, 30-foot wide driveway that provides access through the adjacent
property to the north at 3161 and 3165 East Main Street.
There is a 10-foot Public Utility Easement along the frontage of the property. There is a five-foot private
waterline easement along the south property line serving the adjacent property to the northeast. There
is an eight -foot storm drainage easement on the adjacent property to the north. It is the applicant's
understanding that a partition will not have an impact on the availability of adequate water, sewer and
storm water capascity to allow partition of the property.
Minor Land Partition
3175 — 3195 E. Main Street
October 26, 2020
Page 2 of 10
Proposal:
The proposal is to divide the Employment Zoned land into two parcels including one flag lot. Both lots
are occupied by structures that were allowed at their various times of development and complied with
the standards at the time of development. The permitted uses in the zone on -site and the necessary
parking area to allow for the existing uses within the structures to remain.
Proposed Parcel 1 is a .49-acre (21,334 square feet) flag lot with an 8-foot pole connection to the public
street. This parcel is occupied by 3195 E Main Street #1 and #2, a 2,580 square foot, single story concrete
and metal structure near the north east property line. This warehouse space with office area is the
headquarters of Momentum River Expeditions. The offices, rafts and business equipment storage are
within the structure. The fleet vehicles and trailers are parked in the lot. No guests of the river
expeditions park at the facility. They are picked up from hotels or public parking areas and not at 3195 E
Main Street. The 2,580 square foot warehouse with office space requires three parking spaces. There
are more than three surface parking spaces provided in the parking lot. This lot has 12,225 square feet
of asphalt parking areas. The property complies with the allowed maximum lot coverage in the zone with
57 percent coverage. There are three parking spaces directly adjacent to the structure.
Proposed Parcel 2 is a street fronting parcel that is .37 acres (16,117 square feet). This site has two
structures. The structure nearest East Main Street is 3175 E Main Street. It is a 960 square foot welding
shop. There are two parking spaces on the north side of the structure, accessed from the driveway.
To the rear of this structure is 3185 E Main Street. This 1,820.85 square foot structure is the offices of
K.S. Wild. An outdoor covered storage structure of 150 square feet is on the south side of the structure
There are four parking spaces required for the offices in this structure. There are four parking spaces on
the west side of the structure.
Including the 2,930.85 square foot of structure, there is 5,440 square feet of asphalt area for a total of
8,370.85 square feet of impervious surface of 50 percent.
Both lots complies with lot coverages, necessary parking, and maneuvering area to allow for the
proposed partition. When the structures were developed, the utility services were installed separately.
The existing access easements for adjacent properties will remain in place and a new, blanket easement
for utilities, access, maintenance, will be created through the partition plat.
There are no improvements to the East Main Street frontage proposed.
On the following pages, findings of fact addressing the criteria from the Ashland Municipal Code are
provided. For clarity, the criteria are in Times New Roman font and the applicant's responses are in
Calibri font.
Minor Land Partition
3175-3195 E. Main Street
October 25, 2020
Page 3of10
18.5.3.050 Preliminary Partition Plat Criteria
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.
The future use of the property far urban, employment zoned uses is not impeded with the partition.
B. The development of the remainder of any adjoining land or access thereto will not be impeded.
The development of adjoining land is not impeded with the proposed partition. Access through the
adjacent parcel via the vehicular access easement provided on the adjacent property is retained. The
existing driveway to the subject property is proposed to be retained and an ingress/egress access
easement is proposed to provide Parcel #1 vehicular access from Parcel #2.
C. The partition plan conforms to applicable City -adopted neighborhood or district plans, if any, and any
previous land use approvals for the subject area.
There are no city adopted neighborhood or district plans.
D. The tract of land has not been partitioned for 12 months.
The 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).
The proposed lots conform to the requirements of the Employment Zone. Parcel #1 is proposed as a flag
lot with an 8-foot pole to the street to address 18.2.4.010 to provide abutment upon the public street in
the form of a flag -pole connection.
In the Employment zone there is are no minimum lot dimensions (width or depth) and there is no
minimum lot area.
Proposed Parcel 1 is a .49-acre (21,334 square feet) flag lot with an 8-foot pole connection to the public
street. This parcel is occupied by 3195 E Main Street #1 and #2, a Z580 square foot, single story
concrete and metal structure near the north east property line. This warehouse space with office area is
Minor Land Partition
3175 — 3195 E. Main Street
October 26, 2020
Page 4 of 10
the headquarters of Momentum River Expeditions. The offices, rafts and business equipment storage
are within the structure. The fleet vehicles and trailers are parked in the lot. No guests of the river
expeditions park at the facility. The guests are picked up from hotels or public parking areas and not at
3195 E Main Street. The Z580 square foot warehouse with office space requires three parking spaces.
There are more than three surface parking spaces provided in the parking lot. This lot has 12,225
square feet of asphalt parking areas. The property complies with the allowed maximum lot coverage in
the zone with 69 percent coverage. There are three parking spaces directly adjacent to the structure.
Proposed Parcel 2 is a street fronting parcel that is .37 acres (16,117 square feet). This site has two
structures. The structure nearest East Main Street is 3175 E Main Street. It is a 960 square foot welding
shop. There are two parking spaces on the north side of the structure, accessed from the driveway.
To the rear of this structure is 3185 E Main Street. This 1,820.85 square foot structure is the offices of
K.S. Wild. An outdoor covered storage structure of 150 square feet is on the south side of the structure
There are four parking spaces required for the offices in this structure. There are four parking spaces on
the west side of the structure.
Including the 2,930.85 square foot of structure, there is 5,440 square feet of asphalt area for a total of
8,370.85 square feet of impervious surface of 51.9 percent.
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.
Access to the lots is from a shared driveway that crosses Parcel #2 and provides access to Parcel #1 and
to the parking areas associated with each lot.
The partition retains the access easement from the adjacent property to the west.
The existing driveway and parking areas are paved. No modifications to the site or access are proposed.
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.
There are no proposed streets, or modifications to the existing utilities. The site development is pre-
existing and both parcels have separate services. At this time there ore no changes to surface water
drainage facilities or increases in pavement that would trigger surface water drainage facility
improvements.
Minor Land Partition
3175 — 3195 E. Main Street
October 26, 2020
Page 5 of 10
There are no public improvements proposed. The existing driveway and parking areas are paved and
are connected to the existing development on adjacent lands via an easement. No modifications to the
site or access are proposed.
H. Unpaved Streets.
1. Minimum Street Improvement. When there exists a 20-foot wide access along the entire street
frontage of the parcel to the nearest fully improved collector or arterial street, as designated in
the Comprehensive Plan, such access shall be improved with an asphaltic concrete pavement
designed for the use of the proposed street. The minimum width of the street shall be 20-feet
with all work done under permit of the Public Works Department.
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.
East Main Street is a public right-of-way that is the jurisdiction of Jackson County Roads. East Main
Street is paved. No modifications are proposed to the East Main Street frontage.
I. Where an alley exists adjacent to the partition, access may be required to be provided from the alley
and prohibited from the street.
Minor Land Partition
3175 — 3195 E. Main Street
October 26, 2020
Page 6 of 10
There are no alleys.
J. Required State and Federal permits, as applicable, have been obtained or can reasonably be obtained
prior to development.
There are no state or federal permits necessary for the as there are no development proposals.
K. A partition plat containing one or more flag lots shall additionally meet the criteria in section
18.5.3.060.
The partition plat proposes a flag lot and findings addressing the criteria are provided below.
18.5.3.060 Additional Preliminary Flag Lot Partition Plat Criteria
The approval authority shall approve a preliminary plat application for a flag lot partition only where all
of the following criteria are met.
A. The criteria of section 18.5.3.050 are met.
The criteria of section 18.5.3.050 are met.
B. For the purpose of meeting the minimum lot area requirement, the lot area, exclusive of the flag drive
area, must meet the minimum square footage requirements of the zoning district.
There are no minimum lot areas in the E-1 zone.
C. Flag drives shall be in the same ownership as the flag lots served. Where two or more lots are served
by the same flag drive, the flag drive shall be owned by one of the lots and an easement for access shall
be granted to the other lot or lots.
There are no flag drives proposed. The flag lot provides the flag pole connection to East Main Street to
address frontage standards from 1821. The flag pole is owned by the flag lot. Both lots are to be
accessed via the existing driveway from East Main Street.
D. Except as provided in subsection 18.5.3.060.1-1, below, the flag drive serving a single flag lot shall
have a minimum width of 15 feet and contain a 12-foot-wide paved driving surface. For drives serving
Minor Land Partition
3175 -- 3195 E. Main Street
October 26, 2020
Page 7 of 10
two flag lots, the flag drive shall be 20 feet wide, with a 15-foot-wide driving surface to the back of the
first lot, and a 12-foot-wide driving surface to the rear lot. Drives shared by adjacent properties shall
have a width of 20 feet, with a 15-foot paved driving surface. Width shall be increased on turns where
necessary to ensure fire apparatus remain on a paved surface during travel.
The flag lot does not have a flag driveway and this standard is not addressed.
E. Curb cuts have been minimized, where possible, through the use of common driveways. No more
than two flag lots are served by the flag drive.
There is one shared driveway. The flag lot takes access from the shared driveway and the flag pole
connection to East Main Street is for frontage requirements and is not a driveway.
F. Flag drive grades shall not exceed a maximum grade of 15 percent. Variances may be granted for flag
drives for grades in excess of 15 percent but no greater than 18 percent for not more than 200 feet. Such
variances shall be required to meet all of the criteria for approval in chapter 18.5.5 Variances.
There are no flag drives on the property. The driveway is existing and is not a flag driveway.
G. flag drives shall be constructed to prevent surface drainage from flowing over sidewalks or other
public ways.
The driveway is existing and there are no changes proposed.
H. Flag lots adjacent to an alley shall meet all of the requirements of this section, except that:
1. Vehicle access shall be from the alley only where required as a condition of approval.
2. No screening and paving requirements shall be required for the flagpole.
3. A four foot pedestrian path shall be installed within the flagpole and improved and maintained
with either a concrete, asphalt, brick, or paver block surface connecting the street to the buildable
area of the flag lot.
4. The flag pole width shall be no less than eight feet wide and the entrance of the pole at the
street shall be identified by the address of the flag lot clearly visible from the street on a four -
inch by four -inch post that is 3'/2 feet high. The post shall be painted white with black numbers
three inches high running vertically down the front of the post. For flagpoles serving two or more
Minor Land Partition
3175 — 3195 E. Main Street
October 26, 2020
Page 8 of 10
dwellings, the addresses of such dwellings shall be on a two foot by three foot white sign clearly
visible from the street with three-inch black numbers.
There are no alleys. Access is from a shared driveway.
I. Flag drives and fire work areas shall be deemed Fire Apparatus Access Roads under the Oregon Fire
Code and subject to all requirements thereof.
There are no flag drives. The lot has adequate fire apparatus access from East Main Street or from the
driveway.
J. When required by the Oregon Fire Code, flag drives greater than 150 feet in length shall provide a
turnaround (see Figure 18.4.6.040.0.5). The Staff Advisor, in coordination with the Fire Code Official,
may extend the distance of the turnaround requirement up to a maximum of 250 feet in length as
allowed by Oregon Fire Code access exemptions.
There are no flag drives proposed. No fire truck turnarounds are proposed.
K. Each flag lot has at least three parking spaces situated to eliminate the necessity for vehicles backing
out.
There are three parking spaces required for the flag lot commercial development. All vehicles can leave
the site in a forward manner.
L. There shall be no parking within ten feet of the centerline of the drive on either side of the flag drive
entrance.
There is no parking on East Main Street.
M. Flag drives serving structures greater than 24 feet in height, as defined in part 18.6, shall provide a
fire work area of 20 feet by 40 feet clear of vertical obstructions and within 50 feet of the structure. The
fire work area requirement shall be waived if the structure served by the drive has an approved
automatic sprinkler system installed.
There are no structures that are greater than 24 feet in height.
Minor Land Partition
3175 — 3195 E. Main Street
October 26, 2020
Page 9 of 10
N. Both sides of the flag drive have been screened with a site -obscuring fence, wall or evergreen hedge
to a height of from four to six feet, except in the front yard setback area where, starting five feet from
the property line, the height shall be from 30 to 42 inches in the remaining setback area. Such fence or
landscaping shall be placed at the extreme outside of the flag drive in order to ensure adequate fire
access.
There is not a flag driveway proposed. The access is from the shared driveway from East Main Street,
no screening of the driveway is proposed.
O. The applicant has executed and filed with the Community Development Department an agreement
between applicant and the City for paving and screening of the flag drive. Such an agreement shall
specify the period within which the applicant, or agent for applicant, or contractor shall complete the
paving to standards as specified by the Public Works Director and screening as required by this section,
and providing that if applicant should fail to complete such work within such period, the City may
complete the same and recover the full cost and expense thereof from the applicant. An agreement shall
also provide for the maintenance of the paving and screening pursuant to this section, and assurance
ongoing maintenance.
Not applicable.
P. Flag lots shall be required to provide a useable yard area that has a minimal dimension of 20 feet
wide by 20 feet deep. As used in this chapter, the term "useable yard area" means a private yard area
which is unobstructed by a structure or automobile from the ground upward.
There are not yard areas required in the Employment Zone. There are no yards of 20 X 20 required or
necessary.
Minor Land Partition
3175 — 3195 E. Main Street
October 26, 2020
Page 10 of 10
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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-T1-2020-00130
[Apply Date: 10/26/2020
i 391E12340 1 3195 E Main St 2 .
Fee Description: Amount:
Land Partition (Type 1) $1,23T00
Applicant: Date:
Tots 1"e5 $1,237.00