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Home My WebLink AboutStoneridge_877_889_PA-T1-2021-00171CITY OF -ASHLAND January 28, 2022 Notice of Final Decision On January 28, 2022, the Community Development Director approved the request for the following: Planning Action: PA -TI -2021-00171 ,Subject Property: 877-889 Stoneridge Avenue Applicant: KDA Homes, LLC Description: A request for a minor amendment of the Kestrel Park Subdivision within the North Mountain Neighborhood Plan to allow an increased front yard setback for the properties at 877 Stoneridge Avenue and 889 Stoneridge Avenue. The standard setbacks for the zone are from ten- to 25 -feet, however the application here requests a greater front yard setback in response to site constraints including the steep slopes (approximately 30 percent slopes) in the front yard area in the road cut below Stoneridge Avenue. COMPREHENSIVE PLAN DESIGNATION: North Mountain Neighborhood Plan — Multi -Family; ZONING: NM -MF; MAP: 39 1 04AC; TAX LOT: 913 & 916. The Community Development Director's decision becomes final and is effective on the 12"' day after the Notice of Final Decision is mailed. Approval is valid for a period of 18 months and all conditions of approval identified on the attached Findings are required to be met prior to project completion. 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 Derek Severson in the Community Development Department at (541) 488-5305. cc: Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541188-5305 51 Winbum Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland'or.us VIAM 'I SECTION 18.5.1.050 Type I Procedure (Administrative Decision with Notice) E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to subsection 18.5.1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision. F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below. 1. Any party entitled to notice of the planning action, or any City department may request reconsideration of the action after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision. Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity to respond to the issue prior to making a decision. 2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall decide within three days whether to reconsider the matter. 3. If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affix n, modify, or reverse the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any party entitled to notice of the planning action. 4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration. G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following: I . Who May Appeal. The following persons have standing to appeal a Type I decision. a. The applicant or owner of the subject property. b. Any person who is entitled to written notice of the Type I decision pursuant to subsection 18.5.1.050.13. c. Any other person who participated in the proceeding by submitting written comments on the application to the City by the specified deadline. 2. Appeal Filing Procedure. a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.050.G.1, above, may appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of this subsection. The fee required in this section shall not apply to appeals made by neighborhood or community organizations recognized by the City and whose boundaries include the site, If an appellant prevails at the hearing or upon subsequent appeal, the fee for the initial hearing shall be refunded. b. Time for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of decision is mailed. c. Content of Notice of 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 demonstrating that the appeal issues were raised during the public commnent period. d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a jurisdictional defect and will not be heard or considered. 3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before the Planning Commission. The appeal shall not be limited to the application materials, evidence and other documentation, and specific issues raised in the review leading up to the Type I decision, but may include other relevant evidence and arguments. The Commission may allow additional evidence, testimony, or argument concerning any relevant ordinance provision. 4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type II public hearing procedures, pursuant to section 18.5.1.060, subsections A — B, except that the decision of the Planning Commission is the final decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of Appeals, pursuant to ORS 197.805 - 197.860. COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305 51 Winbum Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 ow www.ashland.or.us ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA -T1-2021-00171 SUBJECT PROPERTY: 877-889 Stoneridge Avenue OWNEWAPPLICANT: KDA Homes, LLC DESCRIPTION: A request for a minor amendment of the Kestrel Park Subdivision within the North Mountain Neighborhood Plan to allow an increased front yard setback for the properties at 877 Stoneridge Avenue and 889 Stoneridge Avenue. The standard setbacks for the zone are from ten- to 25 -feet, however the application here requests a greater front yard setback in response to site constraints posed by the steep - appf oxilalately 30 percent — slopes in the front yard area because of the road cut below Stoneridge Avenue. COMPREHENSIVE PLAN DESIGNATION: North Mountain Neighborhood Plan — Multi - Family; ZONING: NM -MF; MAP: 39 IE 04AC; TAX LOT: 913 & 916 SUBMITTAL DATE: November 24, 2021 NOTICE OF COMPLETE APPLICATION: December 21, 2021 STAFF APPROVAL DATE: January 28, 2021 APPEAL DEADLINE (4:30 P.M.) February 9, 2022 FINAL DECISION DATE (4:30 P.M.): February 9, 2022 APPROVAL EXPIRATION DATE: August 9, 2023 DECISION Subject Property The subject properties are Lots 12 and 13 in Phase 1 of the Kestrel Park Subdivision and are addressed as 877 Stoneridge Avenue and 889 Stoneridge Avenue, on the west side of Stone Ridge Avenue between Nandina Street and Fair Oaks Drive. The two lots are located at the north edge of the recently approved Kestrel Park Subdivision, near the previous terminus of Stoneridge Avenue in the Meadowbrook Park 11 Subdivision. The street system was established with the Meadowbrook Park 11 Subdivision, and Stoneridge Avenue was extended to the south from its previous terminus based on site topography with the infrastructure installation for Kestrel Park Subdivision. Both properties here are zoned NM -MF, a Multi -Family Residential Zone within the North Mountain Neighborhood Plan area. The application materials explain that, "The two lots ar•e physically similar ill that the west halves of each lot abutting the alley are relatively level, but the east half extending to Stoneridge Avenue has steep slopes ofroughly 30 percent. The shared lot litre behiven the two lots is 143 feet (+/-) in depth. Both lots abut along Stoneridge Avenue where the street bows slightly to the east extending their depths and the area of steepness which exceeds the adjoining lots along this section of the street. Finally, hvo relating constraints exist relating to the applicant's request which includes a narrowing of the front half of Lot 412 where it rneets Stoneridge Avenue as well as the City's Solar Access Ordinance where adjoir7ing houses to the north are pre-existing and thereby limit each horne's footprint mohilrty." 877-889 Stoneridge/dds PA #T1-2021-00171 Page 11 Proposal The proposal is a request for a minor amendment of the Kestrel Park Subdivision within the North Mountain Neighborhood Plan to allow an increased front yard setback for the properties at 877 Stoneridge Avenue and 889 Stoneridge Avenue. The standard setbacks for the zone are from Len- to 25 -feet, however the application here requests a greater front yard setback in response to site constraints posed by the steep slopes in the front yard area created by the road cut below Stoneridge Avenue. The application materials explain that: The applicants have included a site plan of the subject lots illustrating that the proposed front setback for Lot 412 would be 49'-31/4" and Lot 413 would be 30'- 61/4 ". The request relates to the gracious depth of the hvo lots, combined with the severe and extended slope along Stoner-idgeAvenue as the rear driveways, garages and back half of each house would sit on relatively level property and therefore rninirrrize excessive cart and fill area with the front half of the property(s) needing a stepped foundation and added tern acing. Unfortunately, the alternative approach would require both foundations to shift to the east and into the hillside and thereby requiring 100% of the foundations to be within a 30% slope, which not only requires excessive cut and fill on the most physically constrained area of the lots, but also forces the homes higher of the property; creating driveway grades exceeding 20%, but would also force the hoines further up the slope which would then create a conflict with the City's Solar Access ordinance. As such, the preferred approach is to set the bitildir7gs' footprints fur•thel• back onto the lots so that excessive cuts, retaining walls, and slope integrity issues are avoided. Further, the preferred design allows the design of the two homes to sit above the grade versus a subterranean or "buried" design. This approach allows for not only a partially visible front fagade and useable front yard, but also a reasonable pedestrian approach front file sidewalk along Stoneridge. Finally; the preferred setback allows the rear driveways off the alley to be reasonably sloped front the alley leading into the garage. 877-889 Stoneridge/dds PA #T1-2021-00171 Page 12 Staff Exhibit S-1. Applicant's Site Plan Exhibit with Staff Notes in Red. to' 2s' 49' 365" to 56' 8" 'lige Setback: 10' Setback: 25' ietback: 30' 6Y." to 30' Project Impacts The 25 -foot maximum front yard setback is unique to the residential zones within the North Mountain Neighborhood Plan, and is considered in light of the criteria for a minor amendment to the North Mountain Neighborhood Plan which requires a demonstration that the change will not adversely affect the purpose, objectives, or functioning of the neighborhood plan. In support of their request, the applicant notes that the proposal "does not impact the intended purpose of the North Mountain Neighborhood Plan. The master planning efforts of the plan was to create a `neo -traditional neighbor hood' with ft•ow facades that ivere inviting mad provided direct pedestrian connections fi-onr the streets while at the sante tune inco7porate a gridded street pattern with an integrated alley system to acconnnodate vehicle mobility and parking. The proposed amendment continues to respect the pwpose of the plait's design standards mid policies with vehicle access off the alley mad pedestrian access to the front entrances of the hvo homes — albeit stepped back fr•orn the street due to excessive slope and excavation constraints. A stair stepped system from Stoneridge Avenue to the front entrances will be constructed at the time of the unit's construction and will include a patio and mvitingfi-ont porch no less than six feet by eight feet.... the applicants contend the proposal has no effect on the neighbor Iaoods finactiora.... In this case, the subject two properties have a larger than typical depth of roughly 143 feet when compared to similar lots along Stoneridge Avenue with a level slope within the rear yard a7 -ea abutting the alley and a 30% slope at the front of the ym d abutting Stoneridge Avenue. Under- this physical cit-cunistmace, the eventual homes would need to be three -slaty -tiered, required excessive excavation and include a significant rise to each's driveway in order- to comply with the dimensional standard, but would still remain below the street's grade which the standard was meant to achieve, but amfortamately didn't anticipate the steep slope or depth of the lot. " 877-889 Stoneridge/dds PA #T1-2021-00171 Page 13 For staff, the North Mountain Neighborhood Plan (NMNP) standards are noted as seeking a "greater sense of neighborhood ... accommodating all fbi-ins of ti-ansp017ation, including walking, bicycling, and transit. " The NMNP seeks to avoid vehicular access from the streets where alley access is available, and minimizes driveway widths and places garages further from the street where alley access isn't feasible and seeks instead to create a pedestrian focused streetscape with homes placed generally where they can directly relate to and engage the pedestrian corridor in creating an interesting pedestrian streetscape. In this location, however, the topography from the street cut is such that the slope behind the sidewalk on the downhill side of Stoneridge means that the home will likely be sitting seven to ten feet below the sidewalk and would require significant excavation into the steep slopes to achieve this. The applicant instead proposes to place the home further back to avoid the steep slopes, but would provide stair steps, a patio and front porch to maintain the desired relationship to the streetscape. In staff's assessment, the modification here is necessary as the maximum setback provision does not take into account the unique, site-specific circumstances created by the steep slopes below Stoneridge Avenue here, and the request is the minimum necessary to shift the proposed building envelopes away from the steep slopes. In staff's view, the proposed modification has the benefit of avoiding significant excavation into these slopes while nonetheless seeking to engage the streetscape through a combination of porch, patio and stair -stepped pedestrian access in the area between the building facade and sidewalk in keeping with the intent of the standards. The topography posing the challenge here is a result of a combination of the original street placement established with the Meadowbrook Park subdivision to the north and the topography and wetlands that were in place on the Kestrel Park subdivision's parent property immediately to the south, and while the applicant installed the current street system it was in direct response to these pre-existing conditions of the site. The request is limited to the two lots in question, and will not adversely affect the purpose, objectives, or functioning of the broader neighborhood plan. As seen in the photo below, the street and sidewalk jogged to the east somewhat from the previous terminus of Stoneridge in response to the topography, and the building pad excavated below to avoid the sloped area is generally in alignment with the existing home on the lot immediately to the north. With this proposed home placement, a stepped pedestrian connection to the sidewalk and outdoor living spaces in the form of a porch and patio area will aid in maintaining a connection to and interest from the pedestrian streetscape. 877-889 Stoneridge/dds PA #T1-2021-00171 Page 14 Staff Exhibit S-2. Staff Photo of 889 Stoneridge Lot with Building Pad Excavated. Existing Home Comments Received Subsequent to the mailing of a Notice of Complete Application, neighbor David Boenitz who owns the property immediately to the north of the subject properties at 903 Stoneridge Avenue timely submitted written comments. The issues raised are detailed below, with staff responses to each: 1. What are the City of Ashland ordinances to ensure an existing homeowner's view is not obstructed as a result of new construction? The City of Ashland does not have anay sort of view protection ordinance, however there is a Solar Access Ordinance which is fin•ther discussed in #2 below. 2. What are the City of Ashland ordinances to ensure new construction does not block or screen light into first floor rooms of existing residences? The City of Ashland's Solar Access Ordinance means Haat generally a property cannot shade a property to its north more than the shadow that would be cast by a six foot fence on the north property line. In practice, this means that a property can generally cast a shadow rip to four feet on the first floor wall of the property to its north which is inteiaded to maintain light to first floor windows and thus living space. The current request is not proposing to alter the 877-889 Stoneridge/dds PA #Ti -2021-00171 Page 15 allowed shading under- the Solar Access Ordinance, and is limited to how fat- back ft•om the Stoneridge Avenue right-of-way the two houses can be placed. 3. How will the requested setback and subsequent grading affect/mitigate soil drainage and water runoff to adjacent properties? The request does not alter storinwater drainage requirements applicable to the property which apply through the building pei-mit review by both the city's Building and Engineering Divisions. Ashland Building Division policy BD -PP -0029 requires that stoi711 water from all nein impervious suifaces and run-off associated with peak rainfalls trust be collected on site and channeled to the Cite stoma water collection systent (i.e., curb gutter at public street, public storm pipe or public drainage way) or thi-ough an approved alternative. At the subdivision level, the development is required to demonstrate that post -development peak stoi,nnvatei' run-off fi-om the site will not exceed pi•e-development levels. The stoi7nwatei- ch•ainage from these tivo lots will be directed into the systems newly built with the subdivision. Tlae i egttest is only to alloly the proposed building to be placed further back fi•oiii the front property line along Stoneridge Avenue. 4. How will the 30 percent slope be modified and what effects will it have on the adjoining properties? A key basis of the request to shift the setback fia•thei- from the street is specifically to reduce the disturbatace of the steeper- slopes on the property. Instead of excavating into these slopes at the back of the sidewalk for home foundations, the disttn•bance would instead be stair - stepped pedestrian access between the home and sidewalk, as well as porch, patio or other outdoor space. S. Is the soil structure and makeup sufficient so there is no degrading or negative impact on sidewalks and roadway should the setback be approved? This property is outside the citys "Hillside Lauds Overlay" and as such distul•bing slopes of less than 3S pei-cent is not regulated under the city's Land Use Ordinance, and does not require a geotechnical analysis of the soils. However; the applicant here has nonetheless provided a geotechnical i-epol•t of the subdivision's parent property when it was subdivided. This report looked at geotechnical stability and hydrology, relative to the proposed subdivision and its street system (including the proposed placement of Stoneridge). The i•epoi•t concluded that the subdivision site was suitable far• the proposed development, that soils and slopes tivere similar to those in prior- phases of the development (i.e. the Meadowbrook and Quinn Subdivisions immediately to the noi-th) and there was no inci-eased risk of geologic hazards if the site was developed as recommended in the geotechnical engineer's t•eport. The setback proposed is pushing the development of these two lots fin•ther away ft•om Stoneridge Avenue and toward the alley, away fa om the slopes at the fi•oilt of the property, in order to reduce the disturbance of the steeper slopes on the property. This is a somewhat unique situation in that the Noi•th MOutataita Neighborhood is the only district in Ashland where there is a maximum setback. The proposed setbacks are illustrated in Staff Exhibit S-1 above. 877-889 Stoneridge/dds PA #i'1-2021-00171 Page 16 The approval criteria for a North Mountain Neighborhood Plan (NMNP) Amendment are detailed in AMC Section 18.3.5.040.B as follows: 2. Major Amendment (Tjpe II Procedure). The approval authority nraj, approve a inajor amendment to the North Mountain Neighborhood Plan through a Tjpe II procedure in section 18.5.1.050 upon f riding that the application meets all of the following criteria: a. The proposed modification maintains the connectivity established by the neighborhood plan. b. The proposed modification furthers the design and access concepts advocated by the neighborhood plan, including bars not hilted to pedestrian access, bicycle access, and de -emphasis on garages as a residential design feature. C. The proposed modification will not adversely affect the purpose, objectives, or functioning of the neighborhood plan. d. The proposed modification is necessary to adjust to physical constraints evident on the property, or to protect significant natural features such as trees, rock oarteroppings, wetlands, or similar natural features, or to adjust to exlstingproperty lines between project boundaries. Minor Amendment (Tjpe I Procedure). A minor amendment to the North Mountain Neighborhood Plan is subject to the Type I procedure in section 18.5.1.050. The request for a minor amendment shall include findings that demonstrate that the change will not adversely affect the purpose, objectives, or functioning of the neighbor hood plan. Decision In staff's final assessment, the application with the attached conditions complies with applicable ordinances and meets all required criteria. Planning Action #PA -T1-2021-00171 is therefore 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 -T1-2021-00171 is denied. The following are the conditions and they are attached to the approval: 1. All proposals of the applicant shall be conditions of approval unless otherwise specifically modified herein, including that the primary residence on each of these two lots shall include a porch and patio space and a stepped pedestrian connection between the porch and sidewalk. 2. For any construction within the adjacent public rights-of-way, including but not limited to utility installations or driveway, curb or sidewalk installation or repairs, the applicant shall obtain necessary permits and inspections from the Ashland Public Works Department. 877-889 Stoneridge/dds PA #T1-2021-00171 Page 17 3. That a General Fuel Modification Arca fuel reduction plan addressing the requirements in AMC 18.3.10.100.8 shall be provided prior to bringing combustible materials onto the property, and any new landscaping proposed shall comply with these standards and not include plants listed on the Prohibited Flammable Plant List per Resolution 2015-028. t Vj A/L._..__.----- Bill Molnar, Director Date Department of Community Development January 28, 2022 877-889 Stoneridge/dds PA #TI -2021-00171 Page 18 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 1128122 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 -2021-00171, 877-889 Stoneridge Ave. �%riic� .L�uca� Signature of Employee G:kcoawde4lafmingTiaoNngActiorLslPAs by SteeMr StoneddgelStoneddga_877_&MokingZtoneadge_877-889_PA-T#-2621-00171_ NOD_ Af%daAoil1a1ng.docx€12M22 PA -Tl -2021-00171 391 E04AD4400 BARLOW LORETTA A 921 PATTON LN ASHLAND, OR 97520 PA -T1-2021-00171 391 E04AD4300 BUCK GAYLORD WIBETTY D 5301 OVERLOOK C I R PIERMONT, NY 10968 PA -T1-2021-00171 391 E04AC914 CLAYTON FAMILY TRUST ET AL 878 KESTREL PKY ASHLAND, OR 97520 .).to averv.cc PA -T1-2021-00171 391 E04AC438 PA -T1-2021-00171 391 E04AC431 CALDWELL PATRICK K TRUSTEE ET CLARK NANCY E 914 KESTREL PKWY 348 FAIR OAKS AVE ASHLAND, OR 97520 ASHLAND, OR 97520 PA -T1-2021-00171 391 E04AD4500 GILL WILLIAM L TRUSTEE ET AL - 911 PATTON LN ASHLAND, OR 97520 PA -T1-2021-00171 391 E04AC436 PA -T1-2021-00171 391 E04AC918 HASSELMAN LYNNE ET AL KDA HOMES LLC 916 STONERIDGE AVE 604 FAIR OAKS CT ASHLAND, OR 97520 ASHLAND, OR 97520 PA -T 1-2021-00171 391 E04AD8600 PA -Tl -2021-00171 391 E04AC433 KDA HOMES LLC LEE MERRIE J 3171 OLD STAGE RD 934 KESTREL CENTRAL POINT, OR 97502 ASHLAND, OR 97520 PA-T1-2021-00171391E04AD8605 PA-T1-2021-00171391E04AC441 MCCOLLUM JUSTIN G ET AL MCGUIRE BRIAN REV LIV TRUST 515 5TH AVE 906 STONERiDGE AVE SANTA CRUZ, CA 95062 ASHLAND, OR 97520 PA -T1-2021-00171 391 E04AC912 HANNEMAN THOMAS/RiZALINA 890 KESTREL PKY ASHLAND, OR 97520 PA -T1-2021-00171 391 E04AC919 KDA HOMES LLC 604 FAIR OAKS CT ASHLAND, OR 97520 PA -T1-2021-00171 391 E04AC430 MANN DAMIAN 368 FAIR OAKS AVE ASHLAND, OR 97520 PA -T1-2021-00171 391 E04AD4900 MEDINGER CONSTRUCTION COMPANY PO BOX 702 ASHLAND, OR 97520 PA-Ti-2021-00171391E04AC437 PA-T1-2021-00171391E04AC5400 PA-T1-2021-00171391E04AC429 NASIN MICHAEL E ET AL PALMESANO THOMAS PETSCH WOLFGANG H/SHIRLEY ANN 913 STONERIDGE AVE 448 NANDINA ST PO BOX 1028 ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2021-00171391E04AC439 PA-T1-2021-00171391E04AD4600 PA-T1-2021-00171391E04AC435 PLEICH GEORGE A AND COLETTE M QUINN KELLY G TRUSTEE ET AL ROBERTS HILLERY B/ANTOINETTE 904 KESTREL PKWY 549 ST AUGUSTINE DR 923 STONERIDGE AVE ASHLAND, OR 97520 MEDFORD, OR 97504 ASHLAND, OR 97520 PA-T1-2021-00171391E04AC915 PA -T1-2021-00171 PA -T1-2021-00171 WILSON JOHN & TERESA TRUST ET POLARIS SURVEY LINDEMANN DESIGN 866 KESTREL PKY PO BOX 459 604 FAIR OAKS CT ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 877-889 Stoneridge NOD 1/28/22 27 1 Etc{uettes d'adrsse i asy Peei ' Alfez a every ca/gabarkts Pak, aver .nom/patents 1: Y r k ., k rd Po -ii �` 1 Utiiisez fe Gab7rit Aver 5160 1 Planning Department, 51 Winburn Way, Ashland, Oregon 97520 CITY OF 541.488-5305 Fax: 541-552-2050 wwashland.orms TTY`, 1-8q9-735.2909 ASHLAND NOTICE OF APPLICATION PLANNING ACTION: PA -T1 -2021-00171 SUBJECT PROPERTY: 877-889 Stoneridge Avenue OWN ERIAPPLI CANT: KDA Homes, LLC DESCRIPTION: A request for a minor amendment of the Kestrel, Park Subdivision within the North, Mountain Neighborhood Plan to allow an increased front yard setback for the properties at 877 Stoneridge Avenue and 889 Stoneridge Avenue,. The standard setbacks for the zone are from ten- to 25 -feet, however the application here requests a greater front yard, setback in response to site constraints including the steep slopes (approximately 30 percent slopes) in the front yard area in the road cut below Stoneridge Avenue. COMPREHENSIVE PLAN DESIGNATION: North Mountain Neighborhood Plan — Multi -Family; ZONING: NM -MF; MAP: 39 1 E 04AC; TAX LOT: 913 & 916 NOTICE OF COMPLETE APPLICATION: December 2l,2021 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: January 4, 2021 OVER C:\Us,ers\niich,iel.stilliv,iinNJ)esktop1877 889 A P-T1-2021-00171_.N0Cdnc.x 1; 8891 T1 20V 01171 a3 STO GENE sUWCCTP;10P1RTr3 890 W", 877 878 7" 866 NO �/M /ilii853 854 . ..... N 2 842 OVER C:\Us,ers\niich,iel.stilliv,iinNJ)esktop1877 889 A P-T1-2021-00171_.N0Cdnc.x 1; The Ashland Planning Division Staff has received a complete application for the property 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 or p1q11pJDg.PA§hIand.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 11Ltp 1,/A/is. ash land. or. Us/d eve IopEer1_tpLqpqqg_1,s1. 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) 488-53015 or emailing plan n i nq(o-_)qsh land. or. us. Any affected property owner or resident has a right to submit written, comments to pLannin( Mashlandor-us or to the City of jf_ 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 18.5.11.0150.G) The ordinance criteria applicable to this application are attached to this notice,. Oregon law states that failure to raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals, (LUBA) on that issue. Failure to, specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court. If you have questions or comments concerning this request, please feel free to contact Derek Severson at 541-552-2040, derek. severson@ash land. or. us. NORTH MOUNTAIN NEIGHBORHOOD PLAN (NIVINP) AMENDMENTS 18.3.5.0401.13 2. Wig Amendment (Type 11 Procedure). The approval authority may approve a major amendment to the North Mountain Neighborhood Plan through a Type 11 procedure in section 18,51,060 upon finding that the application meets all of the following criteria. a. The proposed modification maintains the connectivity established by the neighborhood plan. b. The proposed modification furthers the design and access concepts advocated by the neighborhood plan, including but not limited to pedestrian access, bicycle access, and de -emphasis on garages as a residential design feature, C. The proposed modification will not adversely affect the purpose, objectives, or functioning of the neighborhood plan. d. The proposed modification is necessary to adjust to physical constraints evident on the property, or to protect significant natural features such as trees, rock outcroppings, wetlands, or similar natural features, or to adjust to existing property lines between project boundaries. 3. Minor Amendment (Type I Procedure). A minor amendment to the North Mountain Neighborhood Plan is subject to the Type I procedure in section 13.5J,05t1. The request for a minor amendment shall include findings that demonstrate that the change will not adversely affect the purpose, objectives, or functioning of the neighborhood plan. STATE OF OREGON County of Jackson The undersigned being first duly sworn states that: 1. I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On December 21, 2021 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 -2021-00171, Signature of Employee I -2021-00171x8?7_889_PA-TI-2021-00171—NOC,,Affidavit of PdMing.docx I71211202 I PA -T1-2021-00171 391 E04AC434 BIETZ DONALD C/FELISING N 924 KESTREL PKWY ASHLAND, OR 97520 PA -T1-2021-00171 391 E04AC438 CALDWELL PATRICK K TRUSTEE ET 914 KESTREL PKWY ASHLAND, OR 97520 PA -T1-2021-00171 391 E04AD4500 GILL WILLIAM L TRUSTEE ET AL 911 PATTON LN ASHLAND, OR 97520 3 PA -T1-2021-00171 391 E04AC440 BOENITZ DAVID J TRUSTEE ET AL 903 STONERIDGE AVE ASHLAND, OR 97520 PA -T1-2021-00171 391 E04AC431 CLARK NANCY E 348 FAIR OAKS AVE ASHLAND, OR 97520 PA -T1-2021-00171 391 E04AC912 HANNEMAN THOMAS/RIZALINA 890 KESTREL PKY ASHLAND, OR 97520 PA -T1-2021-00171 391 E04AC922 PA -T1-2021-00171 391 E04AD8600 KDA HOMES LLC KDA HOMES LLC 604 FAIR OAKS CT ; 3171 OLD STAGE RD ASHLAND, OR 97520 CENTRAL POINT, OR 97502 PA -T1-2021-00171391 E04AC430 MANN DAMIAN 368 FAIR OAKS AVE ASHLAND, OR 97520 PA -T1-2021-00171 391E04AD8605 MCCOLLUM JUSTIN G ET AL '515 5TH AVE SANTA CRUZ, CA 95062 PA-T1-2021-00171391E04AD4900 PA-T1-2021-00171391E04AC437 MEDINGER CONSTRUCTION COMPANY NASIN MICHAEL E ET AL PO BOX 702 913 STONERIDGE AVE ASHLAND, OR 97520 ASHLAND, OR 97520 G.O.!o aver. COM/toiiiJ fMbs E lj t, f}tip; lG•�alrxl:)ti ,ri,{7 E 3 PA -T1-2021-00171 391 E04AD4300 BUCK GAYLORD W/BETTY D 5301 OVERLOOK CIR PIERMONT, NY 10968 PA -T1-2021-00171 391 E04AC914 CLAYTON FAMILY TRUST ET AL 878 KESTREL PKY ASHLAND, OR 97520 PA -T1-2021-00171 391 E04AC436 HASSELMAN LYNNE ET AL 916 STONERIDGE AVE ASHLAND, OR 97520 PA -T1-2021-00171391 E04AC433 LEE MERRIE J 934 KESTREL ASHLAND, OR 97520 PA -T1-2021-00171391 E04AC441 MCGUIRE BRIAN REV LIV TRUST j 906 STONERIDGE AVE i ASHLAND, OR 97520 PA -T1-2021-00171 391 E04AD4400 NICHOLS RICHARD A TRUSTEE ET 548 N MAIN ST APT 324 ASHLAND, OR 97520 PA-T1-2021-00171391E04AC5400 PA-T1-2021-00171391E04AC429 PA -Tl -2021-00171391E04AC439 PALMESANO THOMAS PETSCH WOLFGANG H/SHIRLEY ANN PLEICH GEORGE A AND COLETTE M 448 NANDINA ST PO BOX 1028 904 KESTREL PKWY ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA -T1-2021-00171 391 E04AD4600 QUINN KELLY G TRUSTEE ET AL 549 ST AUGUSTINE DR MEDFORD, OR 97504 PA -T1-2021-00171 POLARIS SURVEY PO BOX 459 ASHLAND, OR 97520 PA -T1-2021-00171 391 E04AC435 ROBERTS HILLERY B/ANTOINETTE 923 STONERIDGE AVE ASHLAND, OR 97520 PA -T1-2021-00171 LINDEMANN DESIGN 604 FAIR OAKS COURT ASHLAND, OR 97520 PA -T1-2021-00171 391 E04AC915 WILSON JOHN & TERESA TRUST ET 866 KESTREL PKY ASHLAND, OR 97520 877-889 Stoneridge 12/21/21 NOC 26 ,a ZONING PERMIT APPLICATION Planning ivis Dion 51 Winburn Way, Ashland OR 97520 . .... . CITY Of F I L E -ASHLAND 541-488-5305 Fax 541-488-6006 DESCRIPTION OF PROJECT Minor Amendment to Increase Front Yard Setback DESCRIPTION OF PROPERTY Street Address 877 & 889 Sitonere Avenue Pursuing LEED@ Certification? 1:1 YES P9 NO Assessor's Map No. 39 1 E-G4AC-- —Tax Lot(s) 913 & 916 Zoning NM -MF _ Comp Plan Designation North Mountain Plan Name KDA HomesLLC Phone 541-821-3'E-maii knox(a--)rnind.net Address 604 Fair Oaks Court city qhl;;nd zip 97520 UITIOTOXaffims TITHM Name KDA Homes, LLQ Phone 541 -321 -3'E -Mail nox�rnin�dne�t.. Address 604 Fair Oaks Court city Ashland _zip 97520 SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER Title-Surveyor—Name Polaris Survey —Phone 541-482-500 E -Mail shawn( -Polariss Address PO Box 459 city Ashland zip 97520 — Title Designer N... Lindemann Desiqn Phone 593®355 -474 E -Mail rick( cDlindemann Add,,, 604 Fair Oaks Court city Ashland zip 97520 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 I produced sufficient factual evidence at the hearing to support this request; 2) that the findings of fact furnished justifies the granting of the request, 3) that,the findings of fact furnished by me are adequate; and further 4) that all structures or improvements are properly located on the ground. �o�-e-- —, Failure in this regard will rqsWt, ost likely in no 61y the request being set asi but also possibly in my structures being built in reliance thereon being required to be removed at my expense. I i 17ve any dor s, i am advised to seek competeg professional advice and assistance. 11/2412001 Applicant's Signature Date As owner of the prT7' involved in this re 6t, have read and uQe'Nod the complete application and its consequences to me as a property ne owner. 11/24/2001 . . . ........ Property Owner's Signature (recured) Date Date Received Type Filing Fee L-1LL11 I "I Zoning Permit OVER �k G L, flandOLAOZImil,�, Permit Apphafion.duc November 24"', 2021 City of Ashland Attn: Aaron Anderson, Associate Planner 51 Winbrun Way Ashland, OR 97520 Subject: Minor Amendment Application - Kestrel Park, Stoneridge Avenue Assessor Map 391E04AC Tax Lots 4913 (Lot #12) and #916 (Lot #13) Please find included herein an application to amend the "maximum" front yard setback within the North Mountain Neighborhood Plan for two specific parcels due to the sites' challenging physical characteristics. The dimensional standards noted in Table 18.3.5.060 identifies the maximum front yard setback of 25' and the minimum front yard setback of 10'. The subject properties are within the NM -MF Zone, I.,ots ##1.2 and #13, were recently created as part of the Kestrel Park Subdivision. Vicinity Map Description of Site: The subject two lots sit adjacent to each other as depicted in the insert above. The lots are located within the Kestrel Park Subdivision, Lot 412 (889 Stoneridge Avenue — Tax Lot #913) and Lot #.13 (877 Stoneridge Avenue -..--Tax Lot 916. The two properties abut Stoneridge Avenue on the east side and an alley onthe west side. Both Stoneridge Avenue and the alley are rights-of-way extensions from the subdivision to the north, extending to Nandina Street to the south. The streets, alleys and infrastructure were recently installed with the subdivision's improvements. 24 29 0.14 Ac tt 439 14�1 15 0 17 Ac 440 017AC xr 19 25 30 15115 31 V \1 44 4900 AIKESTREL PAR, �75 912 &03A, 11 913 5 ' 000 C T, 0. 18 Ac �03 AC 5100 O-I&Ac 1 0.01 Ac CS 5380 10 ,.,,914 01TAc21' 0 IS Ac 9 13 915 917 0. 18 A c .4, 2,2 2- 8 S- 013 Ac .91 148 O.22 AC 7 15,920 0.14 Ac 921 01.02 A I O�, 55 S orwoI 17.a" 919 10+b 79i IZI ARFA 0.30 Ac6 CS -16412 ` CS -12902 I GO 922 COMMON AREA "EY, O�56 Ac Assessor's Map The two lots are physically similar in that the west '/2 of each lot abutting the alley are relatively level, but the east'/2 extending to Stoneridge Avenue has steep slopes of roughly 30%, The shared lot line between the two lots is 143' +/- in depth. Both lots abut along Stoneridge Avenue where the street bows slightly to the east extending their depths and the area of steepness which exceeds the adjoining lots along this section of the street. Finally, two relating constraints exist relating to the applicant's request which includes a narrowing of the front half of Lot #12 where it meets Stoneridge Avenue as well as the City's Solar Access Ordinance where adjoining houses to the north are pre-existing and thereby limit each home's footprint mobility. Description of Proposal: The proposal is to allow the front yard setback "exceed" the North Mountain Neighborhood's 25' maximum setback provision due to the physical constraints of the property. The proposal is a minor amendment under Chapter 18.3.5.040 B. I.b.ii and processed as a Type 1 procedure Linder Section 18.5.1.050. The applicants have included a site plan of the subject lots illustrating that the proposed front setback for Lot #12 would be 49'-3'/4" and Lot 413 would be 30'-6'/4". The request relates to the gracious depth of the two lots, combined with the severe and extended slope along Stoneridge Avenue as the rear driveways, garages and back half of each house would sit on relatively level property and therefore minimize excessive cut and fill area with the front half of the property(s) needing a stepped foundation and added terracing. Unfortunately, the alternative approach would require both foundations to shift to the east and into the hillside and thereby requiring 100% of the foundations to be within a 30% slope, which not only requires excessive cut and fill on the most physically constrained area of the lots, but also forces the homes higher of the property, creating driveway grades exceeding 20%, but would also force the homes further up the slope which would then create a conflict with the City's Solar Access ordinance. �• 154A Pedest6an E semen? \� A - - (LO 1 , 9 a 1 / \143 cr Y-� 75' 30 -01 `d, Setback - .._ , r 877 Lot 13} I r , A o. �/ � til07 `+ _�-• l \ . \� f f. N Proposed Front Setback 1' Contours As such, the preferred approach is to set the buildings' footprints further back onto the lots so that excessive cuts, retaining walls, and slope integrity issues are avoided. Further, the preferred design allows the design of the two homes to sit above the grade versus a subterranean or "buried" design. This approach allows for not only a partially visible front fagade and useable front yard, but also a reasonable pedestrian approach from the sidewalk along Stoneridgc. Finally, the preferred setback allows the rear driveways off the alley to be reasonably sloped from the alley leading into the garage. Findin s of Fact: The following information has been provided by the applicants to help the Planning Staff, Planning Commission and neighbors better understand the proposed project. In addition, the required findings of fact have been provided to ensure the proposed project meets the requirements and procedures outlined in the Ashland Municipal Code (AMC) pertaining to Minor Amendments within the North Mountain Neighborhood, Section 18.3.5.040 B. and Type I Administrative Procedures, Section 1.8.5.1.050. For clarity reasons, the following documentation has been formatted in "outline "form with the City's approval criteria noted in BOLD font and the applicant's response in regular font. Also, there are a number of responses that are repeated in order to ensure that the findings of fact are complete. 18.3.5.040 B.3. Minor Amendment Type I Procedure. A minor amendment to the North Mountain Neighborhood Plan is subject to the Type I procedure in section 18.5.1.050. The request for a minor amendment shall include findings that demonstrate that the change will not adversely affect the purpose, objectives, or functioning of the neighborhood plan. Other than the statement above that "the change will not adversely affect the purpose, objectives, or functioning of the neighborhood plan", there are no specific criteria relating to the request. That said, the applicants contend the minor amendment request will not have an adverse effect on the purpose, __o__b ectives or function of the neighborhood plan as clarified herein (emphasis added): 1) The minor amendment will not adversely affect the purpose of the neighborhood plan: 18.3.5.010 A. Purpose. This district is designed to provide an environment suitable for traditional neighborhood living, working, and recreation. The NM district and Neighborhood Plan is a blueprint for promoting a variety of housing types, mixed-use developments, neighborhood oriented businesses, and community services in a manner which enhances property values and preserves open spaces and significant natural features. The purpose of the Neighborhood Plan is to provide a comprehensive set of design standards, policies, and regulations to guide future development within the identified area. Through the use of the standards a greater sense of neighborhood can be accomplished, as well as accommodating all forms of transportation, including walking, bicycling, and transit. The proposed amendment to increase the front yard setbacks beyond the 25' maximum for Lots 412 and #13 does not impact the intended purpose of the North Mountain Neighborhood Plan. The master planning efforts of the plan was to create a "neo -traditional neighborhood" with front facades that were inviting and provided direct pedestrian connections from the streets while at the same time incorporate a gridded street pattern with an integrated alley system to accommodate vehicle mobility and parking. The proposed amendment continues to respect the purpose of the plan's design standards and policies with vehicle access off the alley and pedestrian access to the front entrances of the two homes — albeit stepped back from the street due to excessive slope and excavation constraints. A stair stepped system from Stoneridge Avenue to the front entrances will be constructed at the time of the unit's construction and will include a patio and inviting front porch no less than 6' x 8'. 2),rhe minor amendment will not adversely affect the objective of the neighborhood plan: The objectives of the North Mountain Neighborhood Plan is to develop as a neo -traditional neighborhood suitable for traditional living, working and recreation which comes in the form of a variety of housing types. The proposed amendments do not adversely affect the objective as the two homes to be built on the subject properties will generally retain the same form and scale of the neighboring properties — albeit stepped back from the street due to excessive slope and excavation constraints. Again, each house will include a stair stepped system from Stoneridge Avenue to the front entrances which will be constructed at the time of the unit's construction and will include a patio and inviting front porch no less than 6' x 8'. 3) The minor amendment will not adversely affect the.function of the neighborhood plan: The proposed setback amendment does not affect the function of the neighborhood plan whatsoever as the setback would have no measured adverse impact to the neighborhood.. As it stands currently, the neighborhood is roughly '/4 built -out and is functioning as intended and although the requested amendment deviates from the dimensional standards compared to nearby houses, the applicants contend the proposal has no effect on the neighborhoods function. Conclusion: Overall, the applicants contend the proposed minor amendment is similar to the specific thresholds outlined in Section 48.3.5.040 B. I.b.ii where deviations greater than 50' in any direction occur for streets, alleys, pedestrian access ways, etc. which was integrated into the code language with the understanding that physical constraints of the site exist and that fixed dimensional standards on occasion, under justifiable circumstances, need flexibility. In this case, the subject two properties have a larger than typical depth of roughly 143' when compared to similar lots along Stoneridge Avenue with a level slope within the rear yard area abutting the alley and a 30% slope at the front of the yard abutting Stoneridge Avenue. Under this physical circumstance, the eventual homes would need to be three -story -tiered, required excessive excavation and include a significant rise to each's driveway in order to comply with the dimensional standard, but would still remain below the street's grade which the standard was meant to achieve, but unfortunately didn't anticipate the steep slope or depth of the lot. We look forward to resolving this issue, but if there are any questions, please feel free to contact me at 541-821-3752. Sincerely, Mark Knox KDA Homes, LLC 541-8,21-3752, jjqo?�,�Om i n d, i ict C IT Y OF PlarnhyDMsim _/� �� 0�� 51 YWobumWn A d, 0R 97520 LDESqRIPTION OF PROJECT Project Description Front Yard Setback Exception, Lots 12 & 13, Kestrd Park SubdMsion Name KDA Homes, LLC Phone541-821 � ME Day Time Phone Address City Zip DESCRIPTION OF PROPERTY = 8�� 88�� .� � �� Street Address | Ass�oao/u �8p No. �0 1E`�~�_��_�� L��\ � |� ' SUBMITTAL REQUIREMENTS Torequest apre-application conference, submit this form with true scale PDF drawings bm .The app[icatinmmiU need to include plans addressing the application submission requirements including site and landscaping plans drawn to a standard scale and formatted to print to scale on paper no larger than 11 -inches by 17 -inches, 1. Completed Application. 2. Narrative — Provide a written description of proposal and request. (If in Historic District, prov�e pictures ofexisting structures, elevations ofproposed structures and details of planned exterior design features and materials) 3. Site P|am—The site plan should contain all applicable elements inthe Site p|on Checklist (see page 2) plus any other information pertinent to this proposal. The site plan will be checked to insure all applic&e information is included at the time the pre -application date imset. 4. Additional information - Provide iOthe narrative orwith the site plan: 1\ Number ufacres indevelopment 2) Total gross square footage ofall structures 3\ Number ofstories on each structure 4\ Indicate number cfand square footage of: a) DvveUingUnds(inu<udatheunitsbythenumberufbednoomoinearhunit—e.g.1O1-bedmnm.252-bedroom,etu) b} Office Spaces u) Retail Unite d) Other Spaces 5) Percentage oflot coverage by: oA Structures e) Landscaping b) Streets &Rnmds 0 Number ofparking spaces c) Pgdk|ngAneam/Drivemmya g) Total square footage nflandscaped areas. d> Recreation Areas h) Other pertinent information ofthe proposed development 5. LEED8DCertification — Indicate whether project m/i0 be pursuing LEEDYBcertification. 6. Submittal Fee Pg,2of5 �^~pp",�� Pg,2of5 Scheduled for 12/8/2021 @ 2PM November 3", 2021 City of Ashland Attn: Aaron Anderson, Associate Planner 51 Winbrun Way Ashland, OR 97520 Subject: Pre -Application - Kestrel Park, Stoneridge Avenue Assessor Map 391E04AC Tax Lots #913 (Lot #12) and #916 (Lot #13) Please find included herein a pre -application describing the request to deten-nine the appropriate procedure for two lots within the Kestrel Park Subdivision to have their front yard setback exceed the maximum front yard setback of 25' as required within the Dimensional Standards of the North Mountain Neighborhood development code, Table 18.3.5.060, The subject properties are within the NM -MF Zone and were recently created as part of the Kestrel Park Subdivision. Vicinity Map L)escription of Site. The subject two lots sit adjacent to each other as depleted in the insert above. The lots are located within the Kestrel Park Subdivision, Lot 412 (889 Stoneridge Avenue — Tax Lot 4913) and Lot #13 (877 Stoneridge Avenue— Tax Lot 916. The two properties abut Stoneridge Avenue on the east side and an alley on the west side, Both Stoneridge Avenue and the alley are rights-of-way extensions from the subdivision to the north, extending to Nandina Street to the south. The streets, alleys and infrastructure were recently installed with the subdivision's improvements. 24 29 014 AC 439 `1 15 440 0 17 Ac 0.17 Ac 25 30 31 154 2-7 912 4900 11 5000 VI -t I RTES- 7,EL FAR�� G.03 Ac 913 1 03 Ac 15100 0.18 Ac 0 18 Ac - U1 Ac 12 CS 5380 10 ,,914 916 2X 0 17 AC 2'1 0.18A 915 '13 0 18 Ac 917 1122- 8 t 14 �918 10.22 Ac 7 15920 0.14 Ac X21 0-02 AC 010MCYNI AREA 0.30 Ac CS -16412 6 1.00 6 CS -12902 COMMON AREA "B" AREA "B" 922 ... . . ..... . .. .... 0,56 A( Assessor's Map The two lots are physically similar in that the west'/2 of each lot parallel with the alley are relatively Level, but the cast V2extending to Stoneridge Avenue has steep slopes of roughly 30%. The shared lot line between the two lots is 143" 4-/- in depth. Both lots abut along Stoneridge where the street bows slightly to the east extending their depths and the area of steepness which exceeds the adjoining lots along this section of the street. Finally, two relating constraints exist relating to the applicant's request which includes a narrowing of the front half of Lot 412 where it meets Stoneridge Avenue as well as the City's Solar Access Ordinance where adjoining houses to the north are pre-existing and thereby limit each home's footprint mobility. Description of Proposal: I'he proposal is to allow the front yard setback "exceed" the North Mountain Neighborhood's 25' rnaxirnurn setback provision due to the physical constraints of the property, The applicants have included a draft site plan for each lot with the application materials illustrating the proposed front setback for Lot #12 would be 49'-31/4" and Lot #13 would be 30'-W/4". The request relates to the gracious depth of the two lots, combined with the severe and extended slope along Stoneridge Avenue as the rear driveways, garages and back half of each house would sit on level property and therefore minimize excessive cut and fill area with the front half of the property(s) needing a stepped foundation and added terracing. Unfortunately, the alternative approach would require both foundations to shift to the east and into the hillside and thereby requiring 100% of the foundations to be within a 30% slope, which not only requires excessive cut and fill on the most physically constrained area of the lots, but also forces the homes higher of the property and out of compliance with the City's Solar Access ordinance. 154,4' Pedestrian JI i� a \ Q - �'" 8�- (Lot 12) \ 3 143 y r G � , \\ \ n0 ' �\. ♦ �'- 1 Proposed Front Setback X' Contours The preferred approach is to set the buildings' footprints further back onto the lots so that excessive cuts, retaining walls, and slope integrity issues are avoided. Further, the preferred design allows the design of the two homes to sit above the grade versus a subterranean or "buried" design. This approach allows for not only a partially visible front facade and useable front yard, but also a reasonable pedestrian approach from the sidewalk along Stoneridge. Finally, the preferred setback allows the rear driveways off the alley to be reasonably sloped from the alley into the garage. Procedure Question: The applicants are unsure as to how to process the subject request and desire the Planning staff s assistance in determining which criteria applies to the request. The applicants appreciate the assistance received to date and look forward to some direction in order for the subject properties to be developed for housing. Further, the applicants value all of the objectives and intentions of the North Mountain Neighborhood Man and believe the neighborhood's progression is turning out positively, but contend there are the occasional circumstances that create conflict caused by either the physical constraints of the property, pre- existing development patterns and dimensional code standards that didn't foresee the various extremes and thus some exceptions are reasonable. We look forward to resolving this issue, but if there are any questions prior to the pre -application's meeting date, please feel free to contact nye at 541-821-3752. Sincerely, Marls Knox KDA Homes, LLC 541-821-3752 Igiw et S l I � Ar a �o _ co -Lu-� / 1 l CL / N /l t ! cn4Q / l �-• /J / � M