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Home My WebLink AboutPlaza_1070_Terra_1059_PA-A-2023-00237CITY Of -ASHLAND March 17, 2023 Property Owners: James Bacon Mary Gregoire 1070 Plaza Ave 1059 Terra Ave Ashland, OR 97520 Ashland, OR 97520 RE: Property Line Adjustment PA -A-2023-00237 On March 16, 2023, the Department of Community Development, Planning Division reviewed and approved your request for a Boundary Line Adjustment between the properties at 1070 Plaza St and 1059 Terra Ave. The proposal moves the property line separating these properties to the east in line with an existing wood fence. The application indicates that 392 square feet will be transferred from tax lot 1700 to tax lot 1200 in section 391E15DA. The review finds: 1) The proposed property line adjustment does not create any non -conformities with regard to the Land Use Ordinance including lot coverage, setbacks, and lot size. 2) That all proposals of the applicant shall be conditions of approval unless otherwise modified herein. 3) This approval is valid for 18 months, and a final survey shall be submitted within that time period. Boundary line adjustments do not become final until a final plat is signed by all affected parties, approved and signed by the Community Development Director, and recorded at the Jackson County Aaron Anderson, CFM, Senior Planner Department of Community Development, Planning Division Cc: File, Terra Survey, Rouge Planning DEPT. OF COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 E. Main Street Fax: 541-552-2050 I�® Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us Ir DocuSign Envelope ID2D3l3C159-374F-4F86-BASF-F )6490CA4 P 'IIMAli& Planning Division CITY OF 5.1. Winburn Way, Ashland OR 97520 ASHLAND 541-488-5305 Fax 541-488-6006 DESCRIPTION OF PROJECT Lot Line Adjustment DESCRIPTION OF PROPERTY Street Address 1070 Plaza Avenue Assessor's Map No. 39 1 E 15DA APPLICANT Tax Lot(s) Comp, Plan Designation Wmm I Alm Pursuing LEED0 Certification? L1 YES 19 NO Single Family Residential Name Rogue Planning & Development Services Phone 541-951-40202 E -Mail Address I 314-B Center Dr., PMB#457 cityMedfo A Zip 97501 PROPERTY OWNER Name James Bacon Phone 408-386-1568 E -Mail UCSIU9@9Mail.COM Address 1070 Plaza City Ashland 11 Zi 97520 SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT OTHER Title Surveyor Name Terra Survey Inc. Phone 541-482-6474 E -Mail terrain@bisp.net Address 274 Fourth Street City Ashland Zip 97520 Title Attorney Name Jarvis, Dryer, Glatte - AttwRiley MacGraw Phone 541-772-1977 - ------------- __ City Medford E -Mail rmacgraw@medfordlaw.net now, .1 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 it this request is subsequently contested, the burden will be on me to establish: 1) that / 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. �i� 8118/2022 Applicant's SignaOreV Date As owner of the propert jatW request, i have read and understood the complete application and its consequences to me as a property owner. JAMES BACON 1/19/2023 Property Owner's Signature (required) Date Il'a be completed by City Staff] Date Received Zoning Permit Type Filing Fee $ G komm-devNplamingTorms & Handon&Zoning Permit Appticalan.doc Planning Division 51 Winbrarn Way, Ashland 4R 97520 C.1 r v. v �. �S.SH L., 541_488-5305 Fax 541-488-6006 F�N,�7 DESCRIPTION OF PROJECT Lot Line Adjustment Application DESCRIPTION OF PRQPERTY Street Address 1059 Terra Avenue Assessor's Map No. 39 1 E . 1 5 DA Zoning R-1-7,5 Tax Lot(s) ZONING PERMIT APPLICATION FILL Pursuing LEEDO Certification? 13 YES ® NO 1200 Comp Pian Designation Single Family Residential APPLICANT Name Rogue Planning & Development Services Phone 541-951-40202 E -Mail amygunter.plannirlg@gmaii.com Address 1314-B Center lir., PMB#457 PROPERTY OWNER Name Mary Gregoire Trustee city Medford_ Zip 97501 Phone 541-301-4720 E -Mail silentfirel953@yahoo.com Address 1059 Terra Avenue city Ashland Zip 97520 SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER Title Surveyor Name Terra Survey Inc. Phone 541-482-6474 E -Mail terrain@bisp.net Address 274 Fourth Street Title Name Address city Ashland Phone E -Mail City Zip 57526 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 l understand that all property pins must be shown on the drawings and visible upon the site inspection. to the event the pins are not shown or their location found to be incorrect, the owner assumes full responsibility, l further understand that if this request is subsequently contested, the burden will be on me to establish: 1) that i produced sufficient factual evidence at the hearing to support this request; 2) that the findings of fact furnished justifies the granting of the request, - 3) that the findings of fact furnished by me are adequate; and further 4) That all structures or improvements are property located on the ground. Failure 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, 1f I have any doubts, I am advised to seek competent professional advice and assistance. OB117/2022 AppficanA Ugnature Date As owner of the involved in this reque5f,1 have read and understood the complete application and its consequences to me as a property �I 1 11 I 'zr-) rrobemmpfeiedb ZONING PERMIT SUBMITTAL REQUIREMENTS U APPLICATION FORM must be completed and signed by both applicant and property owner. Cil PLANNING FEES FORM must be completed and signed by both applicant and property owner. 0 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. H TRUE SCALE PDF DRAWINGS — Standard scale and formatted to print no larger than 11x17 inches. Include site plan, building elevations, parking and landscape details. 0 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. G:k0mm-4"NP1a0img7orms & H=dauts)ioning Permit ApplicsHnn.doc February 1, 2023 Request for Property line Adjustment Subject Properties Property Owner: James Bacon 1070 Plaza Avenue Ashland, OR 97520 Property Address: 1070 Plaza Avenue Map & Tax Lot: 39 1E 15DA; 1700 Lot #13 of Block 5 Terra Linda Subdivision from 1971 Lot Area: 7,774 SF Existing Site Improvements: 1958 SF of structure including deck 643.6 SF of driveway and walkways Property Owner: Mary Gregoire 1059 Terra Avenue Ashland, OR 97520 Address: 1059 Terra Avenue Map & Tax Lot: 39 1E 09CA; 9100 Lot #14 and a portion of Lot 11 of Block 5 Terra Linda Subdivision from 1971 Lot Area: 8,105.8 Existing Site Improvements: Existing 1,698 SF of structures and 1,677 SF of patios, driveway and walkways Surveyor: Terra Survey Inc. 274 Fourth Street Ashland, OR 97520 Planning Consultation: Rogue Planning & Development Services 1314-B Center Dr., PMB#457 Medford, OR 97501 Aft ROGUE PLANNING 9 OEVELOPMENT SERVICES, LLC Page 1 of 4 Fincg: Vehicle access to the properties is existing and no changes are proposed. It can be found that the proposed property line adjustment of 332.86 square foot complies with the standards from AMC 18.53,120 Respectfully, Amy Gunter Rogue Hanning & Development Services &qjygu��iLeLj? nning cone . _Lg uy r!2&geplarjnLing,com Attachments: Preliminary Title Report Preliminary Plat Map 4 -a 1qW ROGUE PLANNING 6 DEVELOPMENT SERVIEES, LIE Page 4 of 4 2. Lot Standards. Except as allowed for nonconforming lots, pursuant to chapter 18.1.4, or as required by an overlay zone in part 18.3, all lots and parcels conform to the lot standards of the applicable zoning district, including lot area, dimensions, setbacks, and coverage, per part 18.2. If a lot does not conform to the lots standards of the applicable zoning district, it shall not be made less conforming by the property line adjustment. As applicable, all lots and parcels shall identify a buildable area free of building restrictions for physical constraints (i.e., flood plain, greater than 35 percent slope, water resource protection zones). Finding: Both lots exceed minimum lot area in the zone. Both lots are wider than deep along their respective addressed frontage street. The narrower of the frontages of both lots is Nezla Street and the lots retain their deeper than wide measurement when considering the narrower of the street frontage is the front property line. The setback from the north and south property lines is not affected by the property line adjustment. 1070 Plaza Ave: This rectangular lot is 7,774 square feet in area. The proposal increases the lot area to 8,166.4 square feet. The property is occupied by a 1,604 square foot two story residence, a 688 square foot attached garage and a 64 square foot shed. There is approximately 350 square feet of deck area and 644 square feet of driveway and walkway. The existing coverage of the property is 2,601.6 square feet, less than 45% (3,674.88 square feet) allowed in the zone. The property line to be shifted increases the setback from the structure to the east property line. 1059 Terra Ave: This rectangular lot is 8,105.8 square feet in area. The proposed lot line adjustment decreases the lot area to 7,713.4 square feet in area. This property is occupied by a 1,714 square foot single story residence with a basement. There is a 440 square foot attached garage. There is a 96 square foot shed, 375 square foot brick patio, and 1,312 square feet of driveway and walkways. The house footprint is 1,162 square feet. The existing coverage of the property is 3,375 square feet in area which is less than the allowed 45% (3,471.2 square feet) allowed in the zone. The existing setbacks of the structures comply with the standards of the zone. Where the property line is shifting towards the structure at 1059 Terra Avenue, the setback is reduced from 22.4 feet to 18.2 feet. The setback from the garden shed is reduced from 6.4 feet to 3 feet. The other structure setbacks are not modified. The orientation of the structures and the area of site improvements are not increased or modified substantially with the proposed property line adjustment. 3. Access Standards. All lots and parcels conform to the standards in section 18.4.3.080 Vehicle Area Design. Lots and parcels that do not conform to the access standards shall not be made less conforming by the property line adjustment. 40 ROGUE PLANNING 9 DEVELOPMENT SERVICES, LLC Page 3 of 4 Property Descriptions: 1070 Plaza Avenue is on the east side of Plaza Avenue at the northeast corner of Plaza Avenue and Nezla Street. The lot extends 93.9 feet along Plaza Ave., and extends 82.8 feet east of Plaza Ave. The rectangular lot is 7,774 square feet in area. The property is occupied by a 1,604 square foot, two story residence, a 688 square foot attached garage and a 64 square foot shed. There is approximately 350 square feet of deck area and 644 square feet of driveway and walkway. The structure is setback from Plaza Avenue 20 -feet, and from the rear property line 30.9 feet. The north setback is approximately 10 - feet and the setback from Nezla Street is 21 feet. 1059 Terra Avenue is at the northwest intersection of Terra Avenue and Nezla Street. The lot extends 97.9 feet north along Terra Avenue and 82.8 feet west of Terra Avenue. This rectangular lot is 8,105 square feet in area. This property is occupied by a 1,714 square foot single story residence with a basement. There is a 440 square foot attached garage. There is a 96 square foot shed, 375 square foot brick patio, and 1,312 square feet of driveway and walkways. The house footprint is 1,162 square feet. The existing coverage of the property is 3,375 square feet in area. The structure is setback 25 -feet from Terra, 20 -feet from Nezla. The structures rear yard setback is 17.8 feet and the setback from the north property line is six feet. Property Line Adjustment: The request is to adjust the shared property line between 1070 Plaza Avenue and 1059 Terra Avenue due to a settlement agreement to resolve a legal dispute. This lot line adjustment will follow the location of an existing fence. The property owners have agreed to the property line adjustment and the resulting lot areas, coverages, setbacks and use comply with the standards of the R-1-7.5 zone. Property Line Adjustments 18.5.3.120 B. Approval Criteria. The Staff Advisor shall approve or deny a request for a property lime adjustment in writing based on all of the following criteria. I. Parcel Creation. No additional parcel or lot is created by the lot line adjustment. Finding: No additional parcel or lot is created by the lot line adjustment. ROGUE PLANNING D DEVELOPMENT SERVICES, LLC Page 2 of 4 ° s First American Title Insurance Company First :m rica, 1225 Crater lake Avenue, Suite 101 ..w;.,� Medford, OR 97504 Phn -(54X)779-7250 Fax -(866)400-2259 PUBLIC RECORD REPORT FOR NEW SUBDIVISION OR LAND PARTITION THIS REPORT IS ISSUED BY THE ABOVE-NAMED COMPANY ("THE COMPANY") FOR THE EXCLUSIVE USE OF: Terra Surveying 274 4th Street Ashland, OR 97520-2044 Phone: (541)482-6474 Fax: Date Prepared : July 21, 2022 Effective Date : 8:00 A,M on July 11, 2022 Order No. : 7169-3974539 Regarding : 391E15DA 1200 and 1700 The information contained in this report is furnished by First American Title Insurance Company (the "Company") as an information service based on the records and indices maintained by the Company for the county identified below. This report Is not title insurance, is not a preliminary title report for title insurance, and is not a commitment for title insurance. No examination has been made of the Company's records, other than as specifically set forth in this report. Liability for any loss arising from errors and/or omissions is limited to the lesser of the fee paid or the actual loss to the Customer, and the Company will have no greater liability by reason of this report. This report is subject to the Definitions, Conditions and Stipulations contained in it. REPORT A. The Land referred to in this report is located in the County of Jackson, State of Oregon, and is described as follows. As fully set forth on Exhibit "A" attached hereto and by this reference made a part hereof. B. As of the Effective Date, the tax account and map references pertinent to the Land are as follows: As fully set forth on Exhibit "A" attached hereto and by this reference made a part hereof. C. As of the Effective Date and according„ to the Public records, we find title to the land apparentk vested in: As fully set forth on Exhibit "B" attached hereto and by this reference made a part hereof D. As of the Effective Date and according to the Public Records, the Land is subject to the following liens and encumbrances, which are not necessarily shown in the order of priority: As fully set forth on Exhibit "C" attached hereto and by this reference made a part hereof. Public Record Report for New Subdivision or Partition Page 1 of 6 (Ver. 20080422) First American Trtle Insurance Company Public Record Report for New Subdivision or Land Partition Order No. 7169-3974539 EXHIBIT "A" (Land Description Map Tax and Account) PARCEL 1: LOT 14 AND THE SOUTH 4.0 FEET OF LOT 11 IN BLOCK 5 OF TERRA LINDA SUBDIVISION TO THE CFfY OF ASHLAND, JACKSON COUNTY, OREGON, ACCORDING TO THE OFFICIAL PLAT THEREOF, RECORDED IN VOLUME 7, PAGE 53 OF PLAT RECORDS. PARCEL 2; LOT 13, BLOCK 5 OF TERRA LINDA SUBDIVISION, IN THE CITY OF ASHLAND, COUNTY OF JACKSON AND STATE OF OREGON, ACCORDING TO THE OFFICIAL PLAT THEREOF, RECORDED IN VOLUME ,_ PAGE 53 OF PLAT RECORDS - Map No,; 391EISDA 1200 and 391E15DA 1700 Tax Account No.: 1-009131-6 and 1-009136-5 Public Record Report for New Subdivision or Partition Page 2 of 6 (Ver. 20080422) First American Titie Insurance Company Public Record Report for New Subdivision or Land Partition Order No. 7159-3974539 EXHIBIT „B" (Vesting) Mary Gregoire, Trustee of the Mary Gregoire Revocable Living Trust as to Parcel 1 and Jaynes Everett Bacon, Trustee of the James E. Bacon Trust, dates! 12127/2021 as to Parcel 2 Public Record Report for New Subdivision or Partition Page 3 of 6 (Ver. 24050422) First American Title Insurance Company Public Record Report for New Subdivision or Land Partition Order No. 7169-3974539 EXHIBIT "C" (Liens and Encumbrances) 1, Taxes for the fiscal year 2022-2023 a lien due, but not yet payable 2. City liens, if any, of the City of Ashland. 3. Taxes for the current fiscal year are reduced by reason of Veterans Exemption, If the exempt status Is terminated under the statute prior to July 1, said property will be taxed at 100% of the assessed value, (Affects Parcel 1) 4. Easement, including terms and provisions contained therein: Recording Information. November 02, 1960 as Volume 497, Page 502 In Favor of: Talent Irrigation District For: District irrigation purposes, and rights in connection therewith (Specific location not given) 5. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: James Everett Bacon, Trustee of the James E. Bacon Trust, dated 12/27/2021 Grantee/Beneficiary: Mortgage Electronic Registration Systems, Inc., MFRS solely as a nominee for Caliber Home Loans, Inc., its successors and assigns Trustee: First American Title Insurance Company Amount: $244,000.00 Recorded: January 12, 2022 Recording Information: Document No. 2022-001443 (Affects Parcel 2) 6. In order to insure a transaction involving the herein named trust, we will need to be provided a Certification of Trust pursuant to ORS 130,800 through ORS 130,910. NOTE: Taxes for the year 2021-2022 PAID IN FULL Tax Amount: $4,196.73 Map No.: 391EISDA 1200 Property ID: 1-009131-6 Tax Code No, : 5-01 NOTE: Taxes for the year 2021-2022 PAID IN FULL Tax Amount: $5,231.44 Map No.: 39IE15DA 1700 Property ID: 1-009136-5 Tax Code No.: 5-01 Public Record Report for New Subdivision or Partition Page 4 of 6 (Ver. 20080422) First American Title Insurance Company Public Record Report for New Subdivision or Land Partition Order No. 7169-3974539 DEFINITIONS, CONDITIONS AND STIPULATIONS Definitions. The following terms have the stated meaning when used in this report: (a) "Customer", The person or persons named or shown as the addressee of this report. (b) "Effective Date": The effectve date stated in this report. (c) "Land": The land specifically described In this report and improvements affixed thereto which by law constitute real property, (d) "Public Records": Those records which by the laws of the state of Oregon impart constructive notice of matters relating to the Land. Liability of the Company. (a) THIS REPORT IS NOT AN INSURED PRODUCT OR SERVICE OR A REPRESENTATION OF THE CONDITION OF TITLE TO REAL PROPERTY. IT IS NOT AN ABSTRACT, LEGAL OPINION, OPINION OF TITLE, TITLE INSURANCE COMMITMENT OR PRELIMINARY REPORT, OR ANY FORM OF TITLE INSURANCE OR GUARANTY. THIS REPORT IS ISSUED EXCLUSIVELY FOR THE BENEFIT OF THE APPLICANT THEREFOR, AND MAY NOT BE USED OR RELIED UPON BY ANY OTHER PERSON. THIS REPORT MAY NOT BE REPRODUCED IN ANY MANNER WITHOUT FIRST AMERICAN'S PRIOR WRITTEN CONSENT. FIRST AMERICAN DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION HEREIN IS COMPLFTE OR FREE FROM ERROR, AND THE INFORMATION HEREIN IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND, AS -IS, AND WITH ALL FAULTS_ AS A MATERIAL PART OF THE CONSIDERATION GIVEN IN EXCHANGE FOR THE ISSUANCE OF THIS REPORT, RECIPIENT AGREES THAT FIRST AMERICAN'S SOLE LIABILITY FOR ANY LOSS OR DAMAGE CAUSED BY AN ERROR OR OMISSION DUE TO INACCURATE INFORMATION OR NEGLIGENCE IN PREPARING THIS REPORT SHALL BE LIMITED TO THE FEE CHARGED FOR THE REPORT, RECIPIENT ACCEPTS THIS REPORT WITH THIS LIMITATION AND AGREES THAT FIRST AMERICAN WOULD NOT HAVE ISSUED THIS REPORT BUT FOR THE LIMITATION OF LIABILITY DESCRIBED ABOVE. FIRST AMERICAN MAKES NO REPRESENTATION OR WARRANTY AS TO THE LEGALITY OR PROPRIETY OF RECIPIENTS USE OF THE INFORMATION HEREIN. (b) No costs (inciuding, without limitation attorney fees and other expenses) of defense, or prosecution of any action, is afforded to the Customer. (c) In any event, the Company assumes no liability for loss or damage by reason of the following: (1) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records. (2) Any facts, rights, Interests or claims which are not shown by the Public Records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. (3) Easements, liens or encumbrances, or claims thereof, which are not shown by the Public Records. (4) Discrepancies, encroachments, shortage in area, conflicts in boundary lines or any other facts which a survey would disclose. (5) (i) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (iii) water rights or claims or title to water, (6) Any right, title, interest, estate or easement in land beyond the fines of the area specifically described or referred to in this report, or in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (7) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment on the land; (ii) the character, dimensions or location of any Improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part, or (Iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded In the Public Records at the effective date hereof. (8) Any governmental police power not excluded by 2(d)(7) above, except to the extent that notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at the effective date hereof. (9) Defects, liens, encumbrances, adverse claims or other matters created, suffered, assumed, agreed to or actually known by the Customer. Charge. The charge for this report does not include supplemental reports, updates or other additional services of the Company. Public Record Report for New Subdivision or Partition Page 5 of 6 (Ver. 20080422) A First American Illegal Restrictive Covenants First American Title Insurance Company 1225 Crater Lake Avenue, Suite 101 Medford, OR 97504 Please be advised that any provision contained in this document, or in a document that is attached, linked, or referenced in this document, that under applicable law illegally discriminates against a class of individuals based upon personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or any other legally protected class, is illegal and unenforceable by law. Public Record Report for New Subdivision or Partition Page 6 of 6 (Ver. 20080422) 00 � v q 4 q 1C1 9- d Q d f. 11 Ld c • � W } O ° ¢ q- 4 �� ill r�..{' z '� ➢� q a . €//. 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