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HomeMy WebLinkAboutTolman_Creek_1370_1378_PA-A-2022-00208Property Owners: Zachary Brombacher 1370 Tolman Creek Rd. Ashland, OR 97520 391E23BA TL 100 RE: PA -A-2022-00208 CITY OF -ASHLAND July 6, 2022 Nancy Ashmead 1378 Tolman Creek Rd. Ashland, OR 97520 391E23BA TL 103 On July 6, 2022, the Department of Community Development, Planning Division reviewed and approved your request for a Property Line Adjustment for the properties at 1370 and 1378 Tolman Creek Rd. The proposal moves the easternmost corner of the property line separating these tax lots, approximately where an existing driveway crosses the property line. The line is shifted to the north and south resulting in no net gain or loss in lot area. This Planning Action is accompanied by a concurrent Property Line Adjustment with Jackson County between tax lots 100 and 101 in section 391E23BA to accommodate the existing driveway. The review finds: 1) That all proposals of the applicant shall be conditions of approval unless otherwise modified herein. 2) This approval is valid for 18 months, and a final survey shall be submitted within that time period. Property 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 Assessor's office. If you have questions or comments concerning this letter, please feel free to contact Aaron Anderson at 541-552-2052 or aaron.anderson ashland.or.us Aaron Anderson, CFM, Associate Planner Department of Community Development, Planning Division Cc: Shawn Kampmann PLS DEPT. OF COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 E. Main Street Fax: 541-552-2050 I Ashland, Oregon 97520 TTY: 800-735-2900VA www.ashland.or.us 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 July 6, 2022 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 -A-2022-00208, 1370 & 1378 Tolman Creek Road. .MichaeCSuCCivan Signature of Employee C:%UsersVWichael.sullivanIDesktoplTolman_1370-1378_PA-A-2822-00208_Affidavit ofMailing.docx 71612022 ---77- "77 Polaris Land Surveying zacher , irombacher PO Box 459 1370 Tolman Creek Road Ashland, OR 97520 Ashland, OR 97520 Rogue Planning and Development 1314-B Center Dr. PMB#457 Medford, OR 97501 Nancy Ashmead 1378 Tolman Creek Road Ashland, OR 97520 M P,ZONING PERMIT APPLICATION VoAiftil Planning Division CITY OF 51 Winbum Way, Ashland OR 97520 FILE # PA -A-2022-00208 ASHLAND 541-488-5305 Fax 541-488-6006 DESCRIPTION OF PROJECT , Property Line Adjustment DESCRIPTION OF PROPERTT StreetAddress 1378 Tolman Creek Road Assessor's Map No. 391E 23BA Tax Lot(s) 103 Zoning am REIM APPLICART Rogue Planning & Development Se 541-951-40202 a myg unter. plan n ing@gmal Lcom Name rv'ces Phone E -Mail Address 1314-B Center Dr., PMB#457 city Medford -zip 97501 PROPERTY OWNER Name Nancy Ashmealt' Phone —E -Mail City AshlandZi, p 97520 SURVEYOR, ENGINEER. ARCHITECTLANDSCAPE ARCHITECT, OTH Title Survevor Polaris Land Surveying contact@pola,rissurvey.com t_ Name Phone 541-482-5009 E -Mail Title Name Address City Ashland zip 275 A City E -Mail 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 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. Failure in this regard will result most likely in not only the request being set aside, but also possibly in nay 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, urL 6,7.2022 Applicant's Agaturb Date As owner of the property involved 'p-thl' request, I have read and understood the complete application and its consequences to me as a property Ane, ref(required) Date Property Owner's as be completed by My SWfQ 37U0 Date Received 6/812022 Zoning Permit Type PLA Filing Fee $ DONM Qkomm-dc0planningTorms & I londoulsZcMng Pomfit Applicadon doc June 7, 2022 Request for Property Line Adjustment Subiect Properties Property Owner: Nancy Ashmead Addresses: 1375 Tolman Creek Road Map & Tax Lot: 39 1E 23BA; 103 Property Owner: Zachary Brombacher Addresses: 1370 Tolman Creek Road Map & Tax Lot: 39 1E 23BA; 100 Property Descriptions: The subject properties are located on the east side of Tolman Creek Road mid -block between Blue Sky Lane and Morada Lane. 1370 Tolman Creek Road is a 7.20 -acre property. The property is partially within the city and partially within the county. There is 5.72 acres of the property is outside of the city, and 1.44 acres is within the city. The proposed property line adjustment is proposed within the city limits and does not cross the zoning boundaries. The structures that occupy the lot are outside of the city limits area. The property is served by a driveway access from Tolman Creek Road. Along the frontage of the property is Hamilton Creek, an intermittent/ephemeral stream. There is a pre-existing recorded Natural Drainageway Easement for Hamilton Creek in the NW corner of the property per Survey 7688. This is not affected by the minor property line adjustment to address a driveway encroachment. 1378 Tolman Creek Road is a .68 -acre parcel that is within the city limits. it is to the south of 1370 Tolman Creek Road. This property is occupied by a 1,524 square foot residence and a 528 square foot attached garage. There is a driveway from Tolman Creek Road that provides access to the property. A 10 -foot sanitary sewer easement serving the property to the east which is outside of the city limits, is present along the north property line. Along the frontage of the property is Hamilton Creek, an intermittent/ephemeral stream. As with the adjacent property, there is a pre-exiting recorded buffer zone for Hamilton Creek along Tolman Creek Road. The survey plat that created this parcel (Survey #9780) recorded the drainage easement and building setback boundary. No modifications to existing easements are proposed. Easements not depicted on this preliminary survey will be provided upon the final survey plats. Findings of Fact Property Line Adjustment: 18.5.3.120 B. Approval Criteria. The Staff Advisor shall approve or deny a request far a property line adjustment in writing based on all of the following criteria. 1. Parcel Creation. No additional parcel or lot is created by the lot line adjustment. Finding: No additional parcel or lot is created by the lot line adjustment. 2. Lot Standards. Except as allowed for nonconforming lots, pursuant to chapter 18.1.4, or as required by an overlay zone in part 18.3, all lots and parcels conform to the lot standards of the applicable zoning district, including lot area, dimensions, setbacks, and coverage, per part 18.2. If a lot does not conform to the lots standards of the applicable zoning district, it shall not be made less conforming by the property line adjustment. As applicable, all lots and parcels shall identify a buildable area free of building restrictions for physical constraints (i.e., flood plain, greater than 35 percent slope, water resource protection zones). Finding: The proposed property line adjustment is shift the northeast corner of the property, approximately where an existing driveway crosses the property line. To even the areas of the proposed PLA, the north property line is shifted slightly so there is not net gain or loss in lot area with 1370 and 1378 Tolman Creek Road. The property line adjustment makes de minimis alterations to the property line and does not impact the area of either property that is buildable. There is an existing deed restriction along Tolman Creek Road that prohibits development of both of these properties anywhere near Hamilton Creek. The existing structure at 1378 Tolman Creek Road exceeds setbacks, the proposed PLA will not reduce the required setbacks. The coverage areas of 1378 Tolman Creek Road are less than 3,385 square feet, this includes the structure, the driveway, patio and pathways. This is less than the maximum allowed coverage in the zone and the proposed PLA will not increase coverage. There is a sanitary sewer easement for the property to the east of 1378 Tolman Creek Road. This sewer easement is not impacted by the proposed PLA. 2 3. Access Standards. All lots and parcels conform to the standards in section 18.4.3.080 Vehicle Area Design. tots and parcels that do not conform to the access standards shall not be made less conforming by the property line adjustment. Finding: Both properties are served by driveways from Tolman Creek Road. 1378 Tolman Creek Road shares their driveway with the flag drive serving the two properties to the south. 1370 Tolman Creek Road is served by a driveway to the north of 1378 Tolman Creek Road. The proposed PLA will not have any impact on the existing driveways or accesses. Attachments: Property deeds Survey #9780 Survey #7688 Property Line Adjustment Preliminary Plat 3 02 0'7081 RECORDING REQUESTED BY Zachaty E. & Vicki J. Brornbadw Map 391 E23BA, Tax Lot #100 AND WHEN RECORDED MAIL TO DAVID L. FREY, ESQ. FOLEY MdNTOSH FREY & CLAYTOR, P.C. 3675 MF. DIABLO BLVD, STE 250 LAFAYETTE, CA 94549-3775 THIS SPACE FOR RECORDERS USE ONLY The undersigned Grantors declare under penalty of perjury that the following is true and correct. Documentary transfer tax is $ NONE and City of Ashland transfer taxis $ NONE ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. (X) City of Ashland ( ) unincorporated area of (X) Property not sold GRANTORS ZACHARY E. BROMBACHER and VICKI J. BROMBACHER, as tenants by the entirety, hereby GRANT to ZACHARY BROMBACHER AND VICKI J. BROMBACHER, TRUSTEES OF THE ZACHARY AND VICKI BROMBACHER TRUST uldtVd 1212712001, the following described real property in the City of Ashland, County of Jackson, State of Oregon, further described as follows: Map 391 E23BA, Tax Lot #100 DATED: December 27, 2401 STATE OF OREGON See ExhibitA! attached hereto } ss COUNTY OF JACKSON ) On January 42 2002, before me, a otary Public, personally appeared Zachary E. Brombacher and Vicki J. Brombacher, or proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities and that by their signatures on the instrument the person(s) or the entity(les) upon behalf of which the persons acted executed the instrument, r WITNESS my hand and official seal. Qj', 14"o- A.W.- OFFICIALSE& JEANETTE HUTCHINSON f NOTARY PUBLIC - OREGON COMMISSION NO. 327246 MAIL TAX STATEMENTS TO: 1370 Tolman Creek Road, Ashland, OR 97520 MT tAlRil M EItMI 1'01.11, M3 BromhacherlEstPing\Deed-Zech 02 07081 ` EXHIBIT `A' The land herein referred to is situated in Jackson County, State of Oregon, described as: A tract of land situated in the Northwest Quarter of Section 23 in'Township 39 South, Range 1 East of ' the Willamette Meridian in Jackson County, Oregon, ' more fully described as follows: Beginning at a 1" galvanized iron pipe with 2-112" bronze cap monumenting the quarter comer common to Sections 14 and 23, said Township and Range; thence South 00° 01' 33" East 516.41 feet to a 518" x 30" iron pin; thence North 891 49' 45" West, parallel to the north line of Section 23, a distance of 636.13 feet to a 518" x 30" iron pin situated on the east right-of-way of Tolman Creek Road; thence along said right-of-way, North 00° 05' 56" West 516.41 feet to a 518" x 30" iron pin situated on the section line common to said Sections 14 and 23; thence along said section line, South 890 49'45" East 636.79 feet to the point of beginning. Map 391E23BA, Tax Lot #100 Jackson County. 4re0or► Recorded OFFICiAt RECORDS FEB 0 8 2002 C �'- A�V) TCLERK Brombacher\FstPIngtx7eed-Zach After recording return to: Nancy Ashmead 1378 Tolman. Creek Road Ashland, OR 97520 Until a change is requested all tax statements shall be sent to the following address: Nancy Aslimead 1378 Tolman Creek Road Ashland, OR 97520 File No. 95041AM David K. Staicoff, Gmntor(s), hereby convey and warrant to Jackson County Official Records 2016_009956 14 SHINGLJS = Stn04/04/2016 10:57:50 AM Stn $10.00 $11.00 $10.00 $8.00 $20.00 $59.00 I, Christine Walker, County Clerk for Jackson County, Oregon, certify that the Instrument identified herein was recorded in the Clerk records. Christine Walker - County Clerk STATUTORY WARRANTY DEED Nancy Ashmead , Grantee(s), the following described real property in the County of Jackson and State of Oregon free of encumbrances except as specifically set forth herein: Commencing at a sound 1" galvanized iron pipe with a 2-112" diameter bronze cap situated at the quarter corner common to Sections 14 and 23 in Township 39 South, Range 1 East of the Willamette Meridian in Jackson County, Oregon; thence South 00°01'33" East, 51.6.41 feet, to a found 518" iron pin; thence North 89149'45" West, 4866.13 feet, to a 518" x 24" iron pin for the true point of beginning; thence South 00°05'56" East, 194.295 feet, to a 518" x 24" iron pin; thence South 87°59'31" West, 150.085 feet, to a 518" x 24" iron pin situated in the Easterly right of way of Tolman Creek Road, as said road has been resurveyed and monumented; thence North 00°05'56" West, along said right of way, 200.00 feet, to a found 518" iron pin; thence, leaving said right of way, South 89049'45" East, 150.00 feet, to the, point of beginning. FOR INFORMATION PURPOSES ONLY, THE MAP/TAX ACCT #(S) ARE REFERENCED HERE: 391E23BA 103 The true and actual consideration for this conveyance is $444,000.00. The above-described property is free of encumbrances except all those items of record, if any, as of the date of this deed and those shown below, if any: Page Statutory -Warranty Deed Escrow No. 95041AM BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300,195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. 1-5 this day of pril, 2016. David k. Staicoff VA State of Oregon ) ss County of Jackson} On this _L_ day of April, 2016, before me, KeHi Hogenson a Notary Public in and for said state, personally appeared David K. Staicoff, known or identified to me to be the person(s) whose names) is/are subscribed to the witbin iustrament and aclmowledged to me that he/she/they executed same. IN WITNESS WHERMOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written_ OFFICIAL AMP KELLI S HOGENSON otary Public r the State a Or gon H07ARY PUBt_tC-OFt47305 Residing at: M ord COMMIN EV N0.9473EGON 505 Commission Expires. 2116/20 #C(COYIilSSiON EXPIRES FE9RiW a a 3„�- vLi>�a LI � µ �o aR I n' d �cb— / Ii b «„row cj o �lY:� ir5 w 1z; o co HE z y m oc W v`�- ,IY'S IS '3 Fif ,iQoOa'S a Zm = k.l.l J} W z'�°�' le ts 3 a i O �w &� (� 00 v=� cn r~ w h a ¢ a t m0 mo O cu Z V t♦[ U � Q '...i'. 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