HomeMy WebLinkAboutOak_757_779_PA-A-2022-00192CITY OF
-ASHLAND
March 24, 2022
Property Owners: John Zaller and Barbara Geddes
757 and 779 Oak Street
Ashland, OR 97520
2708 391E04CA and 2704 391E04CA
RE: Property Line Adjustment PA -A-2022-00192
On March 24, 2022, the Department of Community Development, Planning Division reviewed and
approved your request for a Boundary Line Adjustment between the properties at 757 Oak St. and 779
Oak St. The proposal rotates a westernmost portion of the property line separating these properties
clockwise to the rear of the lot located at 779 Oak St, transferring approximately 0.24 acres from tax lot
2704 to tax lot 2708 in section 391E04CA.
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.
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.
Aaron Anderson, CFM, Associate Planner
Department of Community Development, Planning Division
Cc: Shawn Kampmann Polaris Survey
DEPT. OF COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 E. Main Street Fax: 541-552-2050 ��,
Ashland, Oregon 97520 TTY: 800-135-2900
www.ashland.or.us
ZONING PERMIT APPLICATION
Planning Division
city OT5 t W inborn Way, Ashland OR 97520 1=1t E # "lz
-ASHLAND-141-1111-5305 r����t-�����
DESCRIPTION OF PROJECT Lot Line Adjustment
DESCRIPTION OF PROPE=RTY Pursuing LEED0 Certification? 0 YES ® NO
Street Address 757 & 779Oak Street, Ashland
Assessor's Map No. 391E 04CA
Zoning R -'I -5
APPLICANT
Name John Zaller
Address 757 Oak Street.
PROPERTY OWNER
Name John Zaller & Barbara Geddes
Tax Lot(s) 2708 & 27014
Comp Plan Designation
Phone 310429 -9546:E -M61
zaller@ucla.edu
.0ity Ashland
Zip 97521
Phone 310 -429 -9546E -Mall mallet c@uola-edu
Address 757 Oak Street Cb Ashland ZiP97520
SURVEYOR, ENGINEER ARCHrrECT LANDSCAPE ARCHITECT OTHER
Title Surveyor - Name Shawn Kampmenn Phone 541-482-5009
Address P-0. Box 459
Title Name
Address
E -Mall shawnigpotarissurve.y.corn
city Ashland
Phone E -Mail
City
Zip 97520
Zip
I hereby certity that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, aro in all respects,
true and c orract i understand that all property pins must -be shown on the drawings and visible upon the site inspection. In the event the pars are not shown or their
krcation found to be incorrect, the owner assumes full responsibility. I further understand that if this request is subsequently contestee', the burden will be on me to
Bstabtish
1) that I producedsuficient factualevidence at the hearing to support this request;
2) that the findings of fact fumished justifies the granting of the request;
3) that the findings of fact fumished by me are adequate, -.and further
d) that all structures or improvements are properly located on the ground.
Failur is regard will ost fikei ' t only the request being set aside, but also possibly in my structures being built in reliance thereon being required to
be rer oved at y expense. 1 ave a c ts, t am advised fo seek competent processional advice and assistance.
AppliOnVs Signature Date
As owner of the property involved in t` request, t have read and understood the complete application and its consequences to me as a property
Signature (required)
ll zit 4�-)
Data
IN W _704W by Dir Staff
Date Received Zoning Permit Type Filing Fee
OVER )+
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February 12, 2022
City of Ashland Planning Department
51 Winburn Way
Ashland, Oregon 97520
Re: Property Line Adjustment - Findings of Fact & Project Narrative
Zaller PLA — 757 & 779 Oak Street, Ashland, Oregon
Assessor's Map No. 391E 04 CA, Tax Lots 2704 & 2708
The purpose of the proposed Property Line Adjustment (PLA) is to modify the common property
lines between the two adjacent parcels which are both under the same ownership. The landowner
currently rents out the cottage at 779 Oak Street, but may sell that parcel at some time in the
future and desires to protect the riparian portion of Ashland Creek along the creek frontage of
both properties. The owners also propose to create a 5 foot wide private access easement to a
dead end viewing area outside the floodway near the creek to benefit Parcel 1. Any proposed new
construction in the future would be required to meet the Ashland Modified Floodplain standards
per the Physical Constraints Ordinance.
Both parcels are developed with single family residences with separate driveway access points
from Oak Street. Both properties meet minimum building setback requirements are served by
public and private utility services within the parcel boundaries conforming with applicable code.
Both properties are zoned R-1-5 with no minimum lot size, minimum lot area of 5,000 square
feet, minimum lot depth of 80 feet, minimum lot width of 65 feet and maximum lot coverage of
50%. Both parcels meet the criteria for the Property Line Adjustment.
Approval Criteria inAm"hapter 18.5.3,120 (B)
(1) Parcel Creation: "No additional parcel or lot is created by the lot line adjustment" MET
(2) Lot Standards: "All lots and parcels conform to the lot standards of the applicable zoning
district, including lot area, dimensions, setbacks and coverage, per 18.2" MET
(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." MET.
Attached are PDF files of the Preliminary PLA Map, application form and fee.
Shawn Kampmann PLS
P.O. Box 459
Ashland, Oregon 97520
(541) 482-5009
P. 0. Sox 459, Ashland, arego-rt 97520 * Pharts: (,541) 4@2-5009 ;+ Fost (541) 488-0707
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Brandon Goldman
From: Brandon Goldman
Sent: Tuesday, October 18, 2022 10:48 AM
To: JOHN ZALLER
Subject: RE: Patio in a riparian buffer area
John, Sorry for the delays in getting back to you regarding your request. Thank you for the detailed write up regarding
the patio near Ashland Creek at 757 Oak Street.
Upon review of the written materials submitted, and consistent with our prior discussion, it appears that the small
permeable patio (126sq.ft.) was indeed located in a water protection area, and partially in an area in which such
improvements are precluded. There is not a land use proceeding available to retroactively approve a variance from this
code standard. The patio was located on previously disturbed land as shown in the photographs and a site plan
illustration. It is evident that the relocation of the patio, to be 6-8' further away from Ashland Creek to the upland half
of the water resources protection zone), would result in substantial site disturbance including importation of fill and
alteration of grades within the water resources protection area an floodplain. Given the site disturbance that would be
necessary to relocate the patio in this area would be more detrimental to the natural riparian area, planning staff finds
that relocation of the patio to the allowable area is not advised. In its current location, as opposed to being relocated to
be in compliance with 18.3.11.050.B.4, the current location provides for better protection of the water resources area
by minimizing fill, eliminating the need for retaining walls, and limitation on the removal of native vegetation.
Although the patio cannot be retroactively permitted, given the at -grade patio poses no additional flood risk, and the
use of pervious pavers does not adversely affect storm water drainage, no enforcement action will be perused in this
case to compel its relocation.
Effectively this means the patio can remain in its current location with the following qualifications:
• The non -conforming patio shall not be expanded in area.
• There shall be no new structures built upon the patio such as pergolas, or accessory buildings.
• Should the patio pavers, that are located within 25' of Ashland Creek, ever be removed in the future for any
reason, they shall not be replaced in their current location.
• New native vegetation shall be planted within the water resources protection area in the vicinity of the patio to
replace any native vegetation which was removed for the installation of the patio.
I trust this resolution is acceptable but if you have any additional questions, please do not hesitate to reach out to me
directly.
Thank you, Brandon
Brandon Goldman, AICP
Planning Manager
Pronouns: he, him, his
City of Ashland, Planning Division
20 East Main Street, Ashland OR 97520
(541) 552-2076, TTY: 1-800-735-2900
FAX: (541) 552-2050
brandon,goldman &ashland.or.us
Request for approval of patio near creek at rear of 757 Oak Street
This memo is to request retrospective approval for a patio that I built near Ashland Creek and
that violates an element of the creek protection ordinance. But as I explain below, the violation
is both 1) minor and 2) a reasonable adaptation to physical constraints of the building site. I
should have requested approval before building the patio and I apologize for not doing so. But I
am hoping that the project can still be approved on its merits.
The patio is about 9' X 14' and made of properly installed permeable pavers. It is located about
8' above the water level of the creek and 17' to 19' back from creek and on top of an artificial
ridge. The ridge on was created 40 years ago as part of a now defunct water diversion ditch.
The patio is within the allowable size and made of materials required by code, but part of it is
six to eight inside the required 25' setback. But building the same patio in the same general
area, except fully outside the setback, would mean locating the patio partly on the ridge and
partly on the slope coming off the ridge, and this would require fill and a small retaining wall.
The picture below shows the patio, with Ashland Creek to the right side of the picture. The
cinder block standing up on the patio shows a point 25' back from the creek. The same patio
built fully outside the required 25' setback would need to begin at the cinder block and run to
the left, out over the slope of the ridge. As stated, this would require a retaining wall and
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the east of the patio, thereby creating a positive effect from the project on vegetation in the
area.
To summarize: The patio extends six to eight feet inside the protected area of the creek but is
otherwise allowable. The patio's disturbance to the area is minimal because it has been placed
in an initially flat area that had no significant vegetation on it. To have built a reasonable patio
fully outside the protected area would have required importation of fill and construction of a
retention wall and thus caused much greater disturbance to the area.
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