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HomeMy WebLinkAboutHelman_484_PA-T1-2024-00246s IF S"ffff wL A IN' r September 26, 2024 Notice of Final Decision On September 26, 2024, the Community Development Director approved the request for the following: Planning Action: PA -T1-2024-00246 Subject Property: 484 Helman Street Applicant: DEI Engineers for Maya and Tyler Wauters Description: A request for land use approval for a Solar Setback Exception for a bedroom addition onto the main house at 484 Helman Street. The proposed addition is limited in location due to the presence of Ashland Modified Floodplain, 100 -year floodplain, significant trees, and existing layout of the house. The house was built before the solar ordinance was adopted and was not built to meet the current solar requirements. Therefore, any additional nonconforming shading would need to be waived by the affected property owner, agreeing to record a deed on their property to allow the additional shading. The affected property (500 Helman Street) has provided consent to the process and proposed shading in the foi7n of waiver that has been recorded on the affected properties' deed. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; MAP: 391E04CA; TAX LOT: 3500 The Community Development Director's decision becomes final and is effective on the 12'h day after the Notice of Final Decision is ).nailed. Approval is valid for a period of 1.8 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 Veronica Allen in the Community Development Department at (541) 488-5305. cc: Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT 5i Winburn Way Tel: 541.488.5305 Ashland, Oregon 97520 Fax: 541.552.2050 ashland.or us TTY: 800.735.2900 ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA -TI -2024-00246 SUBJECT PROPERTY: 484 Helman Street OWNER/APPLICANT: DEI Engineers for Maya and Tyler Wauters DESCRIPTION: A request for land use approval for a Solar Setback Exception for a bedroom addition onto the main house at 484 Helman Street. The proposed addition is limited in location due to the presence of Ashland Modified Floodplain, 100 -year floodplain, significant trees, and existing layout of the house. The house was built before the solar ordinance was adopted and was not built to meet the current solar requirements. Therefore, any additional nonconforming shading would need to be waived by the affected property owner, agreeing to record a deed on their property to allow the additional shading. The affected property (500 Helman Street) has provided consent to the process and proposed shading in the form of waiver that has been recorded on the affected properties' deed. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; MAP: 391E04CA; TAX LOT: 3500 SUBMITTAL DATE: September 5, 2024 DEEMED COMPLETE DATE: September 6, 2024 STAFF APPROVAL DATE: September 26, 2024 APPEAL DEADLINE (4:30 P.M.): October 8, 2024 FINAL DECISION DATE: October 9, 2024 APPROVAL EXPIRATION DATE: April 9, 2026 DECISION The subject parcel is parcel 2 of Partition Plat number P-14-2012. The parcel is approximately 0.35 acres in area and is developed with a single-family home, built in 1950. The application is for a waiver to the solar standards for a proposed bedroom addition to the northeast corner of the home. Other locations were considered but are limited due to the presence of the Ashland Modified Floodplain, 100 -year floodplain, significant trees, and the existing layout of the house. The existing footprint of the house was built before the solar ordinance was adopted in the 1980s and as such, was not built to meet the current solar requirements. Due to this, the shadow that is cast by the existing footprint of the building is approximately 91 SF larger than the shadow of what a 6' fence on the property line would cast. The proposal for the addition will create an additional 72 SF shadow past that which is allowable (for a total shadow of 163 SF past the allowable shadow). Therefore, a Solar Setback Exception is required before a building permit can be issued. The application includes a shadow plan illustrating the shadow cast by a six-foot fence at the natural grade, and the shadow to be cast by the proposed addition. The application materials also include a signed and recorded solar waiver from the affected property owner. The application materials show that the proposed addition will not preclude the reasonable use of solar energy on the neighboring properties to the north by future buildings as the property is already developed with a home and any additional building would be required to be built to a standard six-foot side PA -TI -2024-00246 484 Holman St / VA Page 1 yard setback. The proposed addition will cast a shadow on the winter solstice that is 223 square feet, which is 72 square feet larger than a fence built at the natural grade. Based on the provided shadow plan the property to the north will maintain the majority of their solar access, and as mentioned previously, the affected neighbor is supportive of the request. Notice of the planning action was mailed to all properties within 200 feet of the subject property as well as a physical notice posted along the frontage of the property. No comments about the request were received either in favor or against the application. In reviewing the request, staff concurred with the applicant that the proposed addition does not preclude the reasonable use of solar energy, nor does it diminish substantial solar access to the affected property. The criteria for a Solar Setback Exception are described in AMC Chapter 18.4.8.020.C, as follows: C. Exceptions and Variances. Requests to depart from section 18.4.8.030 Solar Setbacks are subject to 18.4.8.020.C.1 Exception to the Solar Setback, below. Deviations from the standards in section 18.4.8.050 Solar Orientation Standards are subject to subsection 18.5.2.050.E Exception to the Site Development and Design Standards. I. Solar Setback Exception. The approval authority through a Type I review pursuant to section 18.5.1.050 may approve exceptions to the standards in 18.4.8.030 Solar Setbacks if the requirements in subsection a, below, are met and the circumstances in subsection b, below, are found to exist. a. That the owner or owners of all property to be shaded sign, and record with the County Clerk on the affected properties' deed, a release form supplied by the City containing all of the following information. i. The signatures of all owners or registered leaseholders holding an interest in the property in question. ii. A statement that the waiver applies only to the specific building or buildings to which the waiver is granted. iii. A statement that the solar access guaranteed by this section is waived for that particular structure and the City is held harmless for any damages resulting from the waiver. iv. A description and drawing of the shading which would occur. b. The approval authority finds all of the following criteria are met. i. The exception does not preclude the reasonable use of solar energy (i.e., passive and active solar energy systems) on the site by future habitable buildings. ii. The exception does not diminish any substantial solar access which benefits a passive or active solar energy system used by a habitable structure on an adjacent lot. iii. There are unique or unusual circumstances that apply to this site which do not typically apply elsewhere. PA -TI -2024-00246 484 Heiman St 1 VA Page 2 In Staff s opinion the application with the attached conditions complies with all applicable City ordinances, therefore Planning Action #T1-2024-00246 is approved with the following conditions. Further, if any of the following conditions are found to be invalid for any reason whatsoever, then Planning Action #TI -2024-00246 is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant shall be conditions of approval unless otherwise modified here. 2) The allowed solar encroachment is restricted to that of the addition as described and shown in the recorded solar exception waiver recorded on 500 Helman Street. No additional encroachment is permitted outside of this area. Any future development resulting in solar encroachment of 500 Helman Street would be subject to a new Solar Exception Review process and new deed restriction. 3) No changes to the three-dimensional envelope of the addition are allowed without a new solar exception review and approval and modified deed restriction. 4) Issuance of a building permit for the addition is required prior to the start of constiuction. °-° LZSe tember 26 2024 Derek Severson, Planning Manager Date Department of Community Development PA -TI -2024-00246 484 Heiman 5t / VA Page 3 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 September 26, 2024 1 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for Planning Action #PA -T1-2024- 00246, 484 Heiman Street. -%4ichaeBuCCivan Signature of Employee G:lcomm-&41anningiPlanning AcionslPAs by SffeeaKHeimanWelman_484AHetman_464_PA-T1-202"02461NoiicingWoi) lebnan 484_PA-T1-2024-00246_NOL Affidavitof Mailing.doex 9f2612024 AVERY 5160° PA -T1-2024-00246 391 E04CA3390 BANDOROFF SCOTT A 540 HELMAN ST ASHLAND, OR 97520 PA -T1-2024-00246 391E04CA3700 GANTZ DAVID 10642 NE SISKIYOU ST PORTLAND, OR 97220 PA -T1-2024-00246 391 E04CA2705 BECKETT SAMUEL 468 HELMAN ST ASHLAND, OR 97520 PA -T1-2024-00246 391 E04CA2708 GEDDES BARBARA TRUSTEE ET AL 1020 PERALTA AVE ALBANY, CA 94706 PA -T1-2024-00246 391E04CA2707 PA -T1-2024-00246 391E04CA3900 HOWARD -SULLEN MARTHA TRUST ET KATKIN GINA LIVING TRUST ETA 777 OAK ST PO BOX 998 ASHLAND, OR 97520 ASHLAND, OR 97520 PA -T1-2024-00246 391E04CA3302 NAGEL JAMES E TRUSTEE ET AL 520 HELMAN ST ASHLAND, OR 97520 PA -T1-2024-00246 391 E04CA3600 SCIONTI LYNNE TRUSTEE ET AL 468 HELMAN ST ASHLAND, OR 97520 I PA -T1-2024-00246 391E04CA2200 PEDERSEN DAVID F TRUSTEE ET A 719 OAK ST ASHLAND, OR 97520 I PA -T1-2024-00246 391E04CA3500 WAUTERS MAYA CITYLER V 484 HELMAN ST ASHLAND, OR 97520 PA -T1-2024-00246 DEI ENGINEERS 106 S. MARKET ST #2 TALENT, OR 97540 PA -T1-2024-00246 391 E04CA3400 HERSHMAN WILLIAM B PO BOX 1288 ASHLAND, OR 97520 PA -T1-2024-00246 391 E04CA2202 LENNERS ANNETTE 717 OAK ST ASHLAND, OR 97520 PA -T1-2024-00246 391 E04CA3800 REYNOLDS BETTY JO TRUSTEE ET 505 HELMAN ST ASHLAND, OR 97520 i PA -T1-2024-00246 391E04CA2704 WIMMER LUKE ET AL 779 OAK ST ASHLAND, OR 97520 i PA -T1-2024-00246 391E04CA3701 PA -T1-2024-00246 391E04CA2500 484 Heiman St NOD WOOLF TERRY YOUNG DAVID G TRUSTEE ET AL og/z6/z4 446 HELMAN ST 747 OAK ST 17 ASHLAND, OR 97520 ASHLAND, OR 97520 r -e Ale it Avr f r -e Ale it Avr 4"HLAND NOTICE OF APPLICATION PLANNING ACTION: PA -T1-2024-00246 SUBJECT PROPERTY: 484 Heiman Street OWNER/APPLICANT: DEI Engineers for Maya and Tyler Wauters DESCRIPTION: A request for land use approval for a Solar Setback Exception for a bedroom addition onto the main house at 484 Heiman Street. The proposed addition is limited in location due to the presence of Ashland Modified Floodplain, 100 -year floodplain, significant trees, and existing layout of the house. The house was built before the solar ordinance was adopted and was not built to meet the current solar requirements. Therefore, any additional nonconforming shading would need to be waived by the affected property owner, agreeing to record a deed on their property to allow the additional shading. The affected property (500 Heiman Street) has provided consent to the process and proposed shading in the form of waiver that has been recorded on the affected properties' deed. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; MAP: 391 E04CA; TAX LOT: 3500 NOTICE OF COMPLETE APPLICATION: September 9, 2024 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: September 23, 2024 COMMUNITY DEVELOPMENT DEPARTMENT 51 Winburn Way Tel: 541.488.5305 Ashland, Oregon 97520 Fax: 541.552.2050 ashlond.or.Lis TTY: 800.735.2900 z i, fs c" t, p 1� v_ Y ix COMMUNITY DEVELOPMENT DEPARTMENT 51 Winburn Way Tel: 541.488.5305 Ashland, Oregon 97520 Fax: 541.552.2050 ashlond.or.Lis TTY: 800.735.2900 4"'Hw L A 'N'T D The Ashland Planning Division Staff has received a complete application for the property noted on Page 1 of this notice, A copy of the application, including all documents, evidence and applicable criteria are available online at "What's Happening in my City" at https:Ll is.ashland.or.us/developmentproposals/. Copies of application materials will be provided at reasonable cost, if requested. 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) 488-5305 or emailing planning @,ashiand.or.us, Any affected property owner or resident has a right to submit written comments within the 14 -day comment period to planning@ashiand.or.us or to the City of Ashland Planning Division, 51 Winburn Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown on Page 1. Ashland Planning Division Staff determine if a land use application is complete within 30 days of submittal. Upon determination of completeness, a notice is sent to surrounding properties within 200 feet of the property submitting the application. After the comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staff's decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.5.1.050.G) The ordinance criteria applicable to this application are attached to this notice, Oregon law states that failure to raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford the 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 Veronica Allen at 541-552-2042 or veronica.alien@ashland.or.us In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at 541-488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting. (28 CFR 35.102.-35.104 ADA Title I), EXCEPTION TO SOLAR SETBACKS 18.4.8.020.0 C. Exceptions and Variances. Requests to depart from section 18.4.8.030 Solar Setbacks are subject to 18.4.8.020.C.1 Exception to the Solar Setback, below. Deviations from the standards in section 18,4.8.050 Solar Orientation Standards are subject to subsection 18.5.2.050.E Exception to the Site Development and Design Standards. I . Solar Setback Exception. The approval authority through a Type I review pursuant to section 18.5.1.050 may approve exceptions to the standards in 18.4.8.030 Solar Setbacks if the requirements in subsection a, below, are met and the circumstances in subsection b, below, are found to exist. a. That the owner or owners of all property to be shaded sign, and record with the County Clerk on the affected properties` deed, a release form supplied by the City containing all of the following information. i. The signatures of all owners or registered leaseholders holding an interest in the property in question. ii. A statement that the waiver applies only to the specific building or buildings to which the waiver is granted. iii. A statement that the solar access guaranteed by this section is waived for that particular structure and the City is held harmless for any damages resulting from the waiver. iv. A description and drawing of the shading which would occur. b. The approval authority finds all of the following criteria are met. i. The exception does not preclude the reasonable use of solar energy (i.e., passive and active solar energy systems) on the site by future habitable buildings. ii. The exception does not diminish any substantial solar access which benefits a passive or active solar energy system used by a habitable structure on an adjacent lot. iii. There are unique or unusual circumstances that apply to this site which do not typically apply elsewhere. COMMUNITY DEVELOPMENT DEPARTMENT 51 Winburn Way Tei: 541.488.5305 Ashland, Oregon 97520 Fax 541.552.2050 �rl ashfand.or.us TTY: 800.735.2900 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 September 9, 2024 1 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for Planning Action #PA -T1-2024- 00246, 484 Heiman Street. MichaeCSuffivan Signature of Employee 0.,tomm-devloanningVlanning AcfionslPAs by StreetlHWelman%Helman_484kHelman_484_PA-T1-2024-00246WoticingkHelman484—PA-T1-2024-0024nfdOC_Atfidavit of Ma iing.docx 9!9!2024 PA -T1-2024-00246 391 E04CA3390 BANDOROFF SCOTT A 540 HELMAN ST ASHLAND, OR 97520 PA -T1-2024-00246 391 E04CA3700 GANTZ DAVID 10642 NE SISKIYOU ST PORTLAND, OR 97220 PA -T1-2024-00246 391 E04CA2705 BECKETT SAMUEL 468 HELMAN ST ASHLAND, OR 97520 PA -T1-2024-00246 391 E04CA2708 GEDDES BARBARA TRUSTEE ET AL 1020 PERALTA AVE ALBANY, CA 94706 PA -T1-2024-00246 391 E04CA2707 PA -T1-2024-00246 391 E04CA3900 HOWARD -SULLEN MARTHA TRUST ET KATKIN GINA LIVING TRUST ETA 777 OAK ST PO BOX 998 ASHLAND, OR 97520 ASHLAND, OR 97520 PA -T1-2024-00246 391 E04CA3302 NAGEL JAMES E TRUSTEE ET AL 520 HELMAN ST ASHLAND, OR 97520 PA -T1-2024-00246 391E04CA3600 SCIONTI LYNNE TRUSTEE ET AL 468 HELMAN ST ASHLAND, OR 97520 PA -T1-2024-00246 391 E04CA3701 WOOLF TERRY 446 HELMAN ST ASHLAND, OR 97520 PA -T1-2024-00246 391 E04CA2200 PEDERSEN DAVID F TRUSTEE ETA 719 OAK ST ASHLAND, OR 97520 { PA -T1-2024-00246 391E04CA3500 WAUTERS MAYA C/TYLER V 484 HELMAN ST ASHLAND, OR 97520 PA -T1-2024-00246 391 E04CA2500 YOUNG DAVID G TRUSTEE ET AL 747 OAK ST ASHLAND, OR 97520 . to. Use Avery Template .0 I PA -T1-2024-00246 DEI ENGINEERS 106 S. MARKET ST #2 TALENT, OR 97540 PA -T1-2024-00246 391 E04CA3400 HERSHMAN WILLIAM B PO BOX 1288 ASHLAND, OR 97520 PA -T1-2024-00246 391E04CA2202 LENNERS ANNETTE 717 OAK ST ASHLAND, OR 97520 PA -T1-2024-00246 391 E04CA3800 REYNOLDS BETTY JO TRUSTEE ET 505 HELMAN ST ASHLAND, OR 97520 PA -T1-2024-00246 391E04CA2704 WIMMER LUKE ET AL 779 OAK ST ASHLAND, OR 97520 484 Heiman St NOC 09/09/24 17 �� � � .. ... � �. � w, Planning Division ZONING PERMIT APPLICATION 51 Winburn Way, Ashland OR 97520 FILE # '� vr)valr, 541-488-5305 Fax 541-48$-6006 DESCRIPTION OF PROJECT See Narative DESCRIPTION OF PROPERTY Street Address 484 Heiman St, Ashland OR 97520 Assessor's Map No, 39 1 E Tax Lot(s) Zoning APPLICANT Name DEI Engineers Address 105 S Market St #2 PROPERTY OWNER Name Maya & Tyler Wauters Comp Plan Designation Phone 541-625-30ii-Mail Pursuing LEEDO Certification? ❑ YES El NO Sara@deiengineers.cOm City Talent Zip 97540 Phone 541-200-55 E -Mali teawauters@gmail.com Address 484 Heiman St City Ashland SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER Title Engineer Name Brian Dunagan Phone 775-742-4200 Address 106 S Market St #2 Title Name Address zip 97520 E -Mail Brian@deiengineerh City Talent Phone E -Mail City Zip 97540 Zip 1 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. t understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their location found to be incorrect, the owner assumes full responsibility. I further understand that if this request is subsequently contested, the burden will be on me to establish: 1) that 1 produced sufficient factual evidence at the hearing to support this request 2) that the findings of fact furnished justifies the granting of the request; 3) that the findings of fact furnished by me are adequate; and further 4) that all structures or improvements are properly located on the ground. Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to be removed at my expense. If 1 have any doubts, I am advised to seek competent professional advice and assistance. Digitally signed by Sar,Dunagan 915124 Applicant's Signature Date As owner of the property involved in this request 1 have read and understood the complete application and its consequences to me as a property ow 913124 Pr perty Owner's Signature (required) Date [To be compMed by Oily Slaf4 Date Received Zoning Permit Type Filing Fee $ OVER N G:komm-devlplanning\Fc ms& HandoutsVoning Permit Application.doc ZONING PERMIT SUBMITTAL REQUIREMENTS U APPLICATION FORM must be completed and signed by both applicant and property owner. LJ PLANNING FEES FORM must be completed and signed by both applicant and property owner. ❑ 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. ❑ TRUE SCALE PDF DRAWINGS — Standard scale and formatted to print no larger than 11x17 inches. Include site plan, building elevations, parking and landscape details. ❑ FEE (Check, Charge or Cash) ❑ LEED® 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 LEED® Accredited Professional as part of the project team throughout design and construction of the project; and • The LEED® checklist indicating the credits that will be pursued. I -L, LOY" • 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. 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The Planning Commission or City Council are the final decision making authority of the City, and are not bound by the comments made by the Staff as part of this pre -application. ASHLAND PLANNING DIVISON SITE: 484 Heiman Street PRE -APPLICATION CONFERENCE APPLICANT: DEI Engineers for Tyler & COMMENT SHEET Maya Wauters August 28, 2024 REQUEST: Exception to Solar Access PLANNING DIVISION COMMENTS This pre -application conference is intended to highlight significant issues before the applicant prepares and submits a formal application. Summary: The proposal requires an application for exception to the Solar Access standards which can be processed through a type I review. The materials submitted with the pre -application include a site plan and solar setback calculations for the area that will be subject to shading by the bedroom addition that is replacing an existing deck. Staff finds that the narrative will need more details explaining why the proposed location is the "only Iocation available." Additionally, the elevation drawings used to calculate the solar setback will need to show and be measured from the natural grade of the lot and include the height of the walls on the north side from natural grade, as well as show the roof pitch for the addition. A formal application will need to have the signatures of all property owners for both the subject property and the property to be affected to the North, including William Hershman and Maya and Tyler Wauters. Solar Access Generally: Oregon state law was changed in the 1980's to enshrine access to the sun as a protected property right. Ashland's Solar Access Ordinance was adopted subsequently, and generally prohibits casting a shadow over your north property line greater than would be cast by a six-foot fence constructed on the north property line (at noon on December 21st). The intent of the regulations is to preserve solar access for solar energy systems, gardens and/or passive solar home designs. Every building permit or planning proposal has to show that it meets the requirements of the ordinance, and newly created lots must be planned with solar access in mind. Solar Setback Exceptions: To cast a shadow greater than allowed and infringe upon a neighbor's right to solar access, the neighbor first has to agree to the shading and be willing to record an agreement on the deed to their property. The shading allowed through an Exception is limited to the shadow agreed to (i.e. it isn't a blanket allowance to shade the neighbor's property, it is for a specific shadow to be cast). To approve such an exception, there needs to be a demonstration that: it doesn't preclude the reasonable use of solar energy systems or preclude passive solar design by future habitable buildings and doesn't duninish solar access for existing buildings or solar access systems, and there must be unique or unusual circumstances necessitating the exception that don't apply elsewhere. Compliance through thoughtful design (i.e. lowering height, adjusting roof pitch and orientation, and adjusting placement on site) are preferred. AMC 18.4.8.020.0 Exceptions and Variances to Solar Access Requests to depart from section 18.4.8.030, Solar Setbacks, are subject to subsection 18.4.8.020.C.1. Solar Setback Exception, below. Deviations from the standards in section 18.4.8.050, Solar Orientation Standards, are subject to subsection 18.5.2.050.E, Exception to the Site 484 Helman August 28, 2024 / VA Page 1 Development and Design Standards. 1. Solar Setback Exception. The approval authority through a Type I review pursuant to section 18.5.1.050 may approve exceptions to the standards in 18.4.8.030, Solar Setbacks, if the requirements in subsection a, below, are met and the circumstances in subsection b, below, are found to exist. a. That the owner or owners of all property to be shaded sign, and record with the County Clerk on the affected properties' deed, a release form supplied by the City containing all of the following information: i. The signatures of all owners or registered leaseholders holding an interest in the property in question. ii. A statement that the waiver applies only to the specific building or buildings to which the waiver is granted. iii. A statement that the solar access guaranteed by this section is waived for that particular structure and the City is held harmless for any damages resulting from the waiver. iv. A description and drawing of the shading which would occur. b. The approval authority finds all of the following criteria are met. i. The exception does not preclude the reasonable use of solar energy (i.e., passive and active solar energy systems) on the site by future habitable buildings. ii. The exception does not diminish any substantial solar access which benefits a passive or active solar energy system used by a habitable structure on an adjacent lot. iii. There are unique or unusual circumstances that apply to this site which do not typically apply elsewhere. (Ord. 3147 § 8, amended, 11/21/2017) OTHER ORDINANCE REQUIREMENTS & COMMENTS; City of Ashland's Code Compliance was made aware that the removed deck had been relocated into the floodplain corridor. AMC 18.3.10,080.E. states that "To the nmxiinum extentfeasihle, structures ,shall be placed on other than Flood Plain Corridor Lands. " Additionally, in the file for land partition (PA -2012-00325) buildable envelopes were identified for 500 Heiman and 484 Heiman. The buildable envelopes identified (see next page) include all the land above the Ashland Modified Floodplain, which is approximately 42' from the rear of the house and approximately 84-96' from the edge of the creek. Since the buildable envelope is located outside of the floodplain corridor area, all development is required to be r located within this upper area. Further, if the applicant wishes to relocate the deck to edge of the floodplain, a floodplain development eer„mif will be required, along with a survey to��� show that the deck is located outside of the floodplain and wholly within the buildable envelope of the property as identified in 2012. 484 Helman August 28, 20241 VA Page 2 am spas ��EI�Ui✓1 � "tV��v�s The undersigned acknowledge this modified map showing their building envelops on tax lots 3400 & 3500 based on the City's adopted Ashland Creek Floodplain. Beth Devin / ` t, V I t Will Hershman aw Date 81z - Map Maker Application 'OP"Y IDA13 OnIIM LOROttd Taz Lot OU01MOR irx Lal Numbern C IiuCilst FE11[h Fi0orj03IR [2011 El 100 YEAn Aou-NDARY jJ• IPE iEitkllYEA3t Of►7EO 8PE F1.000%VAY SD] YEAR SHALLOW FLOODING 5W YM BOUNDARY t AI's 0 J r :! City of A Field0ific ttty, , L i -As C UNTY OrI•�pl, i ma,� IS 6aia3 m b 6yea1 da�u` as peed try Jactren Cp�Y/ Frvn,a irar}H OVYws Ju.IsanCvfxyceonN a�Cbv! �cniaylSr antrc;oaK,yw,'a . t. `�i. / tc� w�axuy, r�a!� a•'v res �/ dc�sss.«!useda�4. b 1319 ui t#s+j M1¢ Et-'=�o�roi.-.tY.Q^lr OTHER CITY OF ASHLAND DEPARTMENT COMMENTS BUILDING: No comments at this time. Please contact the Building Division for any building codes - related questions at 541-488-5305. CONSERVATION: For more information on available conservation programs, please contact Conservation Analyst/Inspector Dan Cunningham at 541-552-2063 or via e-mail to dan.cunningharn@ashland.or.us ENGINEERING: No comments at this time. Please contact Karl Johnson of the Engineering Division for any Public Works/Engineering information at 541-552-2415 or via e-mail to karlJohnsongashland.or.us . FIRE: Please contact Mark Shay from the Fire Department for any Fire Department -related information at 541-552-221.7 or via e-mail to mark. shay(c,)ashland.or.us WATER AND SEWER SERVICE: If the project requires additional water services or upgrades to existing services the Ashland Water Department will excavate and install in the city right of way all water services up to and including the meter on domestic and commercial water lines. If a fire line is required, the wafter department will also only install a stub out to the location where the double detector check assembly complete with a Badger brand cubic foot bypass meter should be placed in a vault external to the building. The vault and the DCDA device housed in it are the responsibility of the property owner and should be placed at the property line. Fees for these installations are paid to the water department and are based on a time and materials quote to the developer or contractor. Meter sizes and fire line diameters will need to be provided to the Water Department at the time of a quote being requested. Please Contact Dean LeBret at 541-552-2326 or (dean.lebret ashland.or.us) with any questions regarding water utilities. ELECTRIC SERVICE: Please contact Rick Barton in the Electric Department for service requirements and connect fee information at (541) 552-2082 or via e-mail to rick.barton@ashl,and .or.us. Rick will arrange an on-site meeting, and develop a preliminary electrical service plan for the site. Please allow additional time to accommodate scheduling of this on-site meeting and preparing the preliminary plan. Submittals will not be deemed complete without a preliminary approved plan from the Electric Department. PROCEDURE Exceptions to or waivers of the solar ordinance are subject to a "Type I" procedure which includes an administrative decision made following public notice and a public comment period. Type I decisions provide an opportunity for appeal to the Planning Commission. APPLICATION REQUIREMENTS Submittal Information. The application is required to include all of the following information. a. The information requested on the application form at htti)s://ashl_a_ndorenon.gov/DocumentCenterNiew/262/Zoning-Permit-Application-PDI= . b. Plans and exhibits required for the specific approvals sought (see below). 484 Heiman August 28, 20241 VA Page 4 c. A written statement or letter explaining how the application satisfies each and all of the relevant criteria and standards in sufficient detail (see below). d. Information demonstrating compliance with all prior decision(s) and conditions of approval for the subject site, as applicable. e. The required fee (see below). The Ashland Land Use Ordinance, which is Chapter 18 of the Municipal Code, is available on-line in its entirety at: https://aslilatid.municipal.codes/LandUse Written Statements Please provide a written statement explaining how the application meets the approval criteria from the sections of the Ashland Municipal Code listed below. The written statement provides the Staff Advisor or Planning Commission with the basis for approval of the application: o Solar Access Variances Plans & Exhibits Required AMC 18.4.8.020.C.1.b Please a set of exhibits (plans or drawings) addressing the submittal requirements from the sections of the Ashland Municipal Code listed below. These exhibits are used to copy the Planning Commission packets and for notices that are mailed to neighbors. Please provide reproducible copies that are drawn to a standard architect's or engineer's scale. o Description and drawing of shading AMC 18.4.8.020.C.1.a.iv PLANNING APPLICATION FEES: Type I Review $1,315.50 DOTE: Applications are accepted on a first come -first served basis. All applications received are reviewed and must be found to be complete before being processed or scheduled at a Planning Commission meeting. 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. Applications are reviewed for completeness in accordance with ORS 227.178. For further information, please contact: Veronica Allen, CFM, Associate Planner City of Ashland, Department of Community Development Phone: 541-552-2042 or e-mail: veronica.allen(a?,ashland.or.us August 28, 2024 Date 484 Heiman August 28, 2024 / VA Page 5 id U) Lu U J 0 a 2 C* c C c► T m C O (I6cn(L6 , C77 uj 0 a) D NO 'U N C O E Co Q) w N N e❑ rn (6 U C 2 O O O a) W O N rtL,, i 2 O Q) N¢ N N CL 7 N O N O Q (0 O 9 .0 > O=r- 0 O) o S 7 O Q) d � C .6 N o C O tI� O 7! 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Go, IIlb a N C O Q1 a O O� Q " Cl)c <.i =o v CD 1�C�o O O _ � � p p rn ocoo m J m + } m m II II N v U-� Lo N � 7 m COQ I; c©.l a CO E E o p co co 'y' a `" m o a� c " pOO O11 N a�7 ` t •'' U (II tB t } M v m m CO c 1 E n Q Z O O [�OIL �O LLI c 1.- O O O o L � w E 0 a1 a' c' [v =gym � ma1`m 0 a) -S o . O E I a o 6 m (D G a1 m C Q Z E t8 N C O E cn ❑ CZ a1Lt 1 o cut:5 =5,,,;;= - .O u0i CL LLI E U) is o w10101 SIN I I I I I I I�i'YIO10151N 'w101ol SIN I I I w 101 SIN 04 I LLI I I j I � Ala 101 SIN Zimbra Page 1 of 1 Zimbra seversod@ashlland.ormi + Font Size - Re: PA 2012-325 Lot Line Adjustment From : Rick Landt <landtifam@opendoor.com> Thu, Apr 05, 2012 05:36 PM Subject : Re: PA 2012-325 Lot Line Adjustment To : Derek Severson <seversod@ashland.or.us> OK, I will have them sign the modified pian that shows the City floodplain limits for the envelops. Rick On Apr 5, 2012, at 1:26 PM, Derek Severson wrote: > Rick, > After discussing It a bit more at the staff level, I think we can take the application's recognition of TL 2705 as being unbuildable as sufficient. However, it was asked that before we sign a plat you provide some indication from the owners of the other lots (Levin & Hershman) that they recognize the revised building envelopes that you provided. This is because the envelopes were depicted differently In the application when they signed and aren't included on the plat they will have to sign, we want to ensure that there is no confusion or disagreement down the line, and could be done with some sort of signed acknowledgement provided with the plat for signature. > Derek Severson, Associate Planner > City of Ashland, Department of Community Development > 51 Winburn Way, Ashland, OR 97520 > PH: 541-552-2040 FAX: 541-552-2050 TTY: 1-800-735-2900 > E-MAIL: derek.severson@ashland.or.us > > This e-mail transmission is the official business of the City of Ashland, and is subject to Oregon's public records laws for disclosure and retention. If you've received this e-mail in error, please contact me at (541) 552-2040. Thank you. > http://zimbra.ashland.or.us/Wprintmessage?id=54310&1 4/6/2012 ( 3301 Map Maker fApplication — Property Data Online Leland t�s Ta x Lot Outlines 41 ^{ C7 O TJALGiNur:lllCfx Curren! FEA11A 15 f Poodplarn (201 1 ) IAO YEAR BOUNDARY ❑ IOO YEA14I ~"! DEERM SFE 3342 Q 99 FLOIODL`:AY a t4i•Ej 100 YEAR SHALLOW FLOODING 500 YEAR BOUNDARY \ 4 •P 340 ' f T V\ >! f 3501 The undersigned acknowledge this modified map showing their building envelops on tax lots 3400 & 3500 based on the City's adopted Ashland Creek Floodplain. Beth Levin Will Hershr Date AH 0 0 i .! City Of ASWA Field, aic La OUNTY Oreg0l; i mav;s 6asoe c, a 6ataF 4a�alW a Vilo6 by Jat�can Ctu�ly F�ern_a vasv�ry 01x[gs ,S�ClrsonCou ly cdsal aZchq "ylw w.ac;omisian,.a . � � innal aodxacy.'liry0 a<u no ervJos,?�9.Rxcd a.'vnpWn. 8.45.1II AMuSGg rV5 )J=�tKai-'ryyrp City of Ashland Planning Division 51 Winburn Way • Ashland, OR 97520 Phone (541) 488-5305 - Fox (541) 488-6066 nliE,-r. :1f Email: Planning@ashiand.or.us DESCRIPTION OF PROJECT Project Description Addition to existing residence off north/east corner. APPLICANT Name DEI Engineers Address 106 S Market St. #2 PROPERTY OWNER Phone 775-742-4200 E -Mail Brian@deiengineers.com sara@deiengineers.com City Talent Name Maya and Tyler Wauters Day Time Phone Address 484 Heiman St DESCRIPTION OF PROPERTY Street Address 484 Heiman St City Ashland Zip 97540 Zip 97520 Assessor's Map No. 391 E 4CA Tax Lot(s) 3500 SUBMITTAL REQUIRE=MENTS To request a pre -application conference, submit this form with true scale PDF drawings to Plan nincigashland.or.us. The application will 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, provide pictures of existing structures, elevations of proposed structures and details of planned exterior design features and materials) 1 Site Plan -- The site plan should contain all applicable elements in the Site Plan Checklist (see page 2) plus any other information pertinent to this proposal. The site plan will be checked to insure all applicable information is included at the time the pre -application date is set. 4. Additional information - Provide in the narrative or with the site plan: 1) Number of acres in development 2) Total gross square footage of all structures 3) Number of stories on each structure 4) Indicate number of and square footage of: a) Dwelling Units (include the units by the number of bedrooms in each unit -- e.g. 10 1 -bedroom, 25 2 -bedroom, etc) b) Office Spaces c) Retail Units d) Other Spaces City of Ashland Planning Division 51 Winburn Way - Ashland, OR 97520 IF. I: Phone (541) 488-5305 • Fax (541) 488-6066 clr r ` c rf Email: Plannin m hland.or.us 5) Percentage of lot coverage by; a) Structures e) Landscaping b) Streets & Roads f) Number of parking spaces c) Parking Areas/Driveways g) Total square footage of landscaped areas. d) Recreation Areas h) Other pertinent information of the proposed development 5. LEED® Certification — Indicate whether project will be pursuing LEED® certification. 6. Submittal Fee - $200.00 PRE -APPLICATION SITE PLAN CHECKLIST YES NO NIA 1. Project Name x 2. Owner Name x 3. Site Address and Map & Taxlot Number x 4. Vicinity Map - with street names and locations of all existing and proposed streets within or on the boundary of the proposed development x 5. Scale & North Arrow x 6. Lot Layout with._approximate dimensions for all lot lines x 7. Zoning Designations in proposed development and surrounding.properties 8. Location .& Use of all proposed and existing building, fences and structures x 9. Indicate which buildings are to remain and which are to be removed x 10. Location of all landscaped areas. Indicate existing trees, size, species, and approximate dripline outer branch location). Identifytrees to be removed. x 11. Location and size of all public utilities in and adjacent to the proposed development including water line and meter size, sewer lines, storm drain lines, nearest fire x hydrant. 12. Locations of drainage ways or public utility easements in and adjacent to proposed development. x 13. Location, size and use of all contemplated and existing public areas x 14. Approximate topography (sloe of the site x 15. Location of all parking areas and individual and handicap parking spaces, ingress and egress on the site and on-site circulation x 16. Use designation for the areas not covered by buildings (e.g, loading, storage, vacant, open space, etc.)x 17. Elevations of the building(s) x 18. Construction materials --wood frame, masonry, etc. (If project is in a Historic District provide pictures of existing structures and indicate proposed exterior materials for x siding, windows, trim and roofing) City of Ashland Planning Division WIF 51 Winburn Way • Ashland, OR 97520 Phone (541) 488-5305 • Fax (541) 488-6066 Email: Plan ning@ashland.or,us PRE -APPLICATION BUILDING INFORMATION Please attempt to indicate the following (Note: if information is not known please leave blank) Current Building Occupancy Type (select one): Assembly = More than 50 occupants Theaters, Restaurants, Nightclubs, Taverns and Bars, Community Halls, Art Galleries, Places of Worship, Arenas, Bleacher's, etc. Business = Less than 50 occupants Professional Service Office, Barber and Beauty Salons, Training and Skill Development not within a school or academic program, Bank, Print Shop, etc. Educational Schools K -12th Grade, Religious Educational Rooms and Auditoriums, Day Care Facilities Factory (F- Occupancy's include, among others, the use of a building or structure or portion thereof, for assembling, disassembling, fabricating, finishing, manufacturing, packaging, repair or processing operations that are not classified as Group H -Hazardous or Group S -Storage Occupancy's High Hazard H -Occupancy's includes, among others, the use of a structure, or a portion thereof, that involves the manufacturing, processing, generation or storage of materials that constitute a physical or health hazard in quantities allowed in control areas complying with section 414 of the Oregon Structural Specialty Code, Institutional [-Occupancy's includes, among others, the use of a building or structure or a portion thereof for more than 16 persons, excluding staff, who reside on a 24 hr. basis in a supervised environment and receive custodial care, Detoxification Facilities, Hospitals, Medical Care, Nursing Homes, Congregate Living Facilities, Social Rehabilitation Facilities, Assisted Living Facilities, Alcohol and Drug Centers, Correction Centers, Jails, Reformatories, Adult and Child Day Care Facilities, Mercantile Department Stores, Drug Stores, Markets, Motor Fuel -Dispensing Facilities, Retail or Wholesale Stores, Sales Rooms. Te—Family Residence, Hotels, Motels, Apartment Houses, Vacation Time Shares, Congregate lities (more than 16 occupants), Assisted Living Facilities (with or without a Memory Care Enc r1ekW-1[eatment Facilities, etc. 2. Is a Change of Occupancy being requested? If yes, please indicate the proposed Occupancy Type: Assembly High Hazard Business Institutional Educational Mercantile Factory Residential 3. If Residential please indicate which type (select one): R-1 Occupancy Hotels (transient), Motels (transient), Boarding Houses (transient) with more than 10 occupants. R-2 Occupancy Apartment Houses, Congregate Living Facilities (non -transient) with more than 16 occupants, Dormitories, Hotels (non -transient), Motels (non -transient), Vacation Time Share Properties, Boarding Houses (non- transient) with more than 16 occupants, etc. City of Ashland Planning Division 51 Winburn Way • Ashland, OR 97520 Phone (541) 488-5305 - Fax (541) 488-6066 Email: Planning@ashland.or.us (Z3a)nd Two Family Dwellings and Townhouses, Adult Care Facilities (six or fewer persons of any age less than 24 hrs.), Adult Foster Homes as defined in QRS Chapter 443, or Family Child Care Homes located in a private residence as defined in the Oregon Structural Specialty Code section 310.2. Buildings that do not contain more than two dwelling units, Boarding Houses (non -transient), Child Care Facilities that provide accommodations for six or fewer persons of any age for less than 24 hrs., Congregate Living Facilities (non -transient) with 16 or fewer occupants, Lodging Houses, etc.) R-4 Occupancy This occupancy shall include buildings, structures or portions thereof for more than five but not more than 16 persons, excluding staff, who reside on a 24 -hr. basis in a supervised residential environment and receive custodial care, Congregate Living Facilities, Halfway Houses, Social Rehabilitation Facilities, Alcohol and Drug Centers Assisted Living Facilities (with or without a Memory Care Endorsement), Residential Care Facilities (with or without a Memory Care Endorsement), Residential Treatment Facilities, Group Homes and Facilities, etc.) 4. Type of Building Construction: Types I and 11 construction are those types of construction in which the building elements listed in Table 601 of the Oregon Structural Specialty Code are of noncombustible materials. Type III construction is that type of construction in which the exterior walls are of noncombustible materials and the interior building elements are of any material permitted by the Oregon Structural Specialty Code, Type IV Construction (Heavy Timber) is that type of Construction in which the exterior walls are of noncombustible materials and the interior building elements are of solid or laminated wood without concealed spaces, Type V Construction is that type of construction in which the structural elements, exterior walls and interior walls are of any materials permitted by the Oregon Structural Specialty Code. Type € TAMaiv Type llTypDV Type III 5. Is the building equipped or proposed to be equipped with a Fire Protection System? (e.g., Fire Sprinklers or Fire Alarms) Yes Ido Any questions regarding the pre -application conference or the formal land use application submittal can be directed to the Ashland Planning Division at (541) 488.5305. The City of Ashland Land Use Code can be found online at www.ashland.or.us/code.asp by clicking on Chapter 18 and selecting the desired section. 2 g0 o U) (� J W' J Q CD C� y >Q> R > C, Z } 6~iW~ O Dap'w� J F WZ�pYQ Z QJZW O W O w SrW >-co C0 a Fv¢�H F U D w H W D F- U O W d' U o Q LL� CN EL 4* Z(D zzU) �' -F-:0 fn Q F ti O U5 (,D d' t0 LL O W C<D U pZOmo 0c0 w WQY� ZZOfO ZQZ�r�i WC302-F W>��IV Z =�=gym (9 W z(nW Q�J U U) U)Ct W 0M F< m a m� a .. 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