HomeMy WebLinkAboutScenic_34_PA-T1-2021-00168CITY OF
ASHLAND
February 4, 2022
Notice of Final Decision
On February 4, 2022, the Community Development Director approved the request for the
following:
Planning Action: PA -T1-2021-00168
Subject Property: 34 Scenic Dr.
Applicant: Rogue Development for Gobelman & Stahmann
Description: A request for a minor land partition to divide the large area parcel into three
parcels. Proposed Parcel 1 is proposed as a 10,076.1 square foot (SF) parcel. To the south is proposed
Parcel 2. This parcel is proposed to have 8,000 SF. Parcel 3 is proposed to be a large area, 39,534,7
square foot parcel. The large parcel is not proposed for any development at this time and a number of
conceptual development options from one single family residence, duplex, flag lot(s), cottage house
development, etc. are possible in the R-1-7.5 zone. COMPREHENSIVE PLAN DESIGNATION:
Single Family Residential; ZONING: R-1-7.5; MAP: 39 lE 08 AD, TAX LOT: 7300
The Community Development Director's decision becomes final and is effective on the 121i day
after the Notice of Final Decision is mailed. Approval is valid for a period of 18 months and all
conditions of approval identified on the attached Findings are required to be met prior to project
completion.
The application, all associated documents and evidence submitted, and the applicable criteria are
available for review at the Ashland Community Development Department, located at 51
Winburn Way. Copies of file documents can be requested and are charged based on the City of
Ashland copy fee schedule.
Prior to the final decision date, anyone who was mailed this Notice of Final Decision may
request a reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO)
18.5.1.050(F) and/or file an appeal to the Ashland Planning Commission as provided in ALUO
18.5.1.050(G). The ALUO sections covering reconsideration and appeal procedures are attached.
The appeal may not be made directly to the Oregon Land Use Board of Appeals.
If you have any questions regarding this decision, please contact Aaron Anderson in the
Community Development Department at (541) 488-5305.
cc: Parties of record and property owners within 200 ft
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305
51 Winbum Way l=ax: 541-552-2050
Ashland, Oregon 97520 TTY; 800-735-2900
wwashland.or.us I%
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SECTION 18.5.1.050 Type I Procedure (Administrative Decision with Notice)
E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to
subsection 18.5.1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision.
F. Reconsideration. The Staff Advisor may reconsider a Type 1 decision as set forth below.
I . Any party entitled to notice of the planning action, or any City department may request reconsideration of the action
after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no
fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision.
Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence
during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity
to respond to the issue prior to making a decision.
2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall
decide within three days whether to reconsider the matter.
3. If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the
decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse
the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any
party entitled to notice of the planning action.
4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the
reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration.
G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following:
1. Who May Appeal. The following persons have standing to appeal a Type I decision.
a. The applicant or owner of the subject property.
b. Any person who is entitled to written notice of the Type I decision pursuant to subsection
18.5.1.050.B.
c. Any other person who participated in the proceeding by submitting written comments on the application to the
City by the specified deadline.
2. Appeal Filing Procedure.
a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.050.G.1, above, may
appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of this
subsection. The fee required in this section shall not apply to appeals made by neighborhood or community
organizations recognized by the City and whose boundaries include the site. If an appellant prevails at the hearing
or upon subsequent appeal, the fee for the initial hearing shall be refunded.
b. Time for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of
decision is mailed.
C. Content of Notice of Appeal. The notice of appeal shall be accompanied by the required filing fee and shall contain.
i. An identification of the decision being appealed, including the date of the decision.
ii. A statement demonstrating the person filing the notice of appeal has standing to appeal.
iii. A statement explaining the specific issues being raised on appeal.
iv. A statement demonstrating that the appeal issues were raised during the public comment period.
d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a
jurisdictional defect and will not be heard or considered.
3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before the
Planning Commission. The appeal shall not be limited to the application materials, evidence and other documentation,
and specific issues raised in the review leading up to the Type I decision, but may include other relevant evidence and
arguments. The Commission may allow additional evidence, testimony, or argument concerning any relevant
ordinance provision.
4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type I1 public hearing procedures,
pursuant to section 18.5.1.060, subsections A -- E, except that the decision of the Planning Commission is the final
decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the
adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of
Appeals, pursuant to ORS 197.805 - 197.860.
COMMUNITY DEVELOPMENT DEPARTMENT Tel; 541-488-5305
51 Winbunn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900 I
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www. ashland. onus
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: PA -T1-2021-00168
SUBJECT PROPERTY: 34 Scenic Dr.
OWNER/APPLICANT: Rogue Development for Gobelman & Stahmann
DESCRIPTION: A request for a minor land partition to divide the large area parcel
into three parcels. Proposed Parcel 1 is proposed as a 10,076.1 square foot (SF) parcel. To the
south is proposed Parcel 2. This parcel is proposed to have 8,000 SF. Parcel 3 is proposed to be
a large area, 39,534.7 square foot parcel. The large parcel is not proposed for any development
at this time and a number of conceptual development options from one single family residence,
duplex, flag lot(s), cottage house development, etc. are possible in the R-1-7.5 zone.
COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5;
MAP: 39 IE 08 AD, TAX LOT: 7300
SUBMITTAL DATE:
DEEMED COMPLETE DATE:
STAFF APPROVAL DATE:
APPEAL DEADLINE (4:30 P.M.)
FINAL DECISION DATE:
APPROVAL EXPIRATION DATE:
DECISION
Proposal
November 12, 2021
December 23, 2021
February 4, 2022
February 14, 2022
February 15, 2022
August 15, 2023
The application is a request for a land partition to divide the property at 34 Scenic Drive into
three separate parcels. The parcel to retain the existing single-family home will be 10,076 square
feet, the second parcel to the south will be 8,000 square feet, and the third parcel will be 39,534
square feet. The application states that, "The large parcel is not proposed for any development at
this time and a number of conceptual development options front one single family residence,
duplex, flag lot(s), cottage house development, etc. are possible in the R-1-7.5 zone."
The property is within the Skidmore Academy Historic District and is developed with a single-
family home that was built in 1953. The Ashland Historic Resources Inventory indicate that the
home is non -historic, non-contributing.
Property
The subject property and surrounding neighborhood is in the R-1 -7.5 zoning district. To the east
the property is zoned R-2. The application describes the property as "generally rectangular, with
251.7 feet of frontage on Scenic Drive. The parcel extends 210 feet to the east, 291. 72feet north,
108 feet west, 40 feet south, 92- feet nest to the point of beginning. The property is 56,611 square
feet in area. The existing average lot wlidth is 271.72 and the average lot depth is 210.82, the lot
is wider than it is deep."
PA -T1-2021-00168
34 Scenic Dr./AA
Page 1
There are 40 trees on the subject property that are more than six inches in diameter at breast
height. No trees are proposed for removal, but the application does include a tree protection plan
along the utility easements and will be required to be installed prior to any onsite work.
Scenic Drive has a 40 -foot public right of way and is paved with curb and gutter. There is a
curbside sidewalk along the frontage of the property. Due to the change in grade the installation
of a park row and sidewalk to city standards would be exceedingly difficult and require
substantial fill for these reasons the application includes a request for an exception to the street
standards.
Partition
As mentioned at the outset the proposal is a request for a land partition to create two lots for the
property located at 34 Scenic. The application explains that The property is served by public
utilities (water and natural gas) from Scenic Drive. There are public utility easements for
stormwater sewer and sanitary sewer mains which are present on the north and northwest sides
of the property. The public utility easements are depicted on the proposed partition plat map.
The first criteria of approval for a partition are that "The future use for urban purposes of the
remainder of the tract will not be impeded." Staff finds that the proposal for the three -lot partition
meets these criteria in that the future urban purposes of the oversized parcel three can be met
with the development a single home as there is no minimum density requirements in the R -I
zones. That said, the property has several different potential development options which would
require planning review if anything were proposed beyond a duplex. Any development of a drive
from Scenic similarly would be reviewed at the time of future development for compliance with
the Land Use Ordinance as a Physical and Environmental Constraints permit would be required.
Staff notes that there is an easement granting the applicant certain rights to access this parcel
from the east which could support the development of a home without further planning action.
The second criteria of approval for a partition are that "The development of the remainder of any
adjoining land or access thereto will not be impeded." Staff finds that the only adjacent parcel
with development potential would not be impeded from future development or access by virtue
of its frontage along Granite Street.
The third criteria of approval for a partition are that "The partition plan conforms to applicable
City -adopted neighborhood or district plans, if any, and any previous land use approvals for the
subject area." The findings state that the only relevant district plan would be the Historic district
which has a requirement for MPFA. Staff finds that the size of proposed parcel I allows for a
house that is 2,718 sq. ft. which is greater than the existing house which the county assessor
indicates is 2,485 meeting this standard.
The fourth criteria of approval for a partition are that "tract of land has not been partitioned for
12 months. The applicants assert, and after examining the Jackson County Survey records staff
concurs that the tract of land has not been partitioned for twelve months meeting this standard.
The fifth criteria of approval for a partition are that "Proposed lots conform to the requirements
of the underlying zone, per part 18.2, any applicable overlay zone requirements, per part 18.3,
and any applicable development standards, per part 18.4 (e.g., parking and access, tree
PA -T1-2021-00168
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preservation, solar access and orientation). The application asserts ". Three parcels which
comply with lot width and depth requirements, coverage and MPFA standards and solar access
standards," and proves extensive detail and calculations showing the same. Staff finds that the
proposed lots do conform to the requirements of the base zone.
The sixth criteria of approval for a partition are that "Accesses to individual lots conform to the
standards in section 18.4.3.080 Vehicle Area Design. See also, 18.5.3.060 Additional
Preliminary Flag Lot Partition Plat Criteria." The applicant has provided evidence of an access
easement over the adjacent parcel Fronting Granite Street that is fifteen feet in width with the
allowance to pave that access up to twelve feet in width (Jackson County records 2021-010306).
A twelve -foot paved driveway exceeds the requirements to development a single-family home or
duplex. Staff further finds that the proposal dose not include a flag lot therefore the additional
criteria at AMC 18.5.3.060 are moot.
The seventh criteria of approval for a partition are that "The proposed streets, utilities, and
surface water drainage facilities conform to the street design standards and other requirements
in part 18.4, and allow for transitions to existing and potential future development on adjacent
lands. The preliminary plat shall identify all proposed public improvements and dedications."
Staff finds that the standards provided at AMC 18.4.6.040.C.1 only require a public street
dedication when serving four or more lots. Staff finds that utilities are available to each of the
proposed lots including water, sewer and all franchise utilities.
The remaining criteria for a partition include standards for situations where there are unpaved
streets, where an alley is adjacent, where there are required state or federal permits, and the
presence of flag lots. Staff finds that Scenic Street is paved, that there is no alley adjacent, that
there are no known required state or federal permits, and that there are no proposed flag lots.
Therefore, none of these items apply and the approval criteria are met.
The application also requests an exception from the street standards to leave the non -conforming
frontage along scenic in its current state. Staff feels that this is a reasonable accommodation
considering the extant retaining wall. Furthermore staff feels that the required improvements
would not meet the rough proportionality test considering the request is a simple partition with
no other proposed development.
Public Input
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. The notice included a staff
contact name and number. In accordance with AMC 18.5.1.050, the Type I procedure for
planning applications allows a 14 -day period for the submission of written comments, starting
from the date of mailing. Subsequent to the mailing of a Notice of Application, written
comments about the request were received from one adjacent property owner.
Issues that were raised in relation to the planning application included concerns about:
• Lack of a Future Development Plan
• Concerns about vehicle access
• Concerns about Block Length / Connectivity standards
• Exception to street standards
PA -T1-2021-00168
34 Scenic Dr./AA
Page 3
The applicant addressed potential future development of Parcel 3 in supplemental materials
received after the notice of complete application. They say in part that:
"There are numerous potential development patterns for Proposed Parcel 3. These
include a single-family home, a single-family with ARU, a duplex, an additional partition
that creates two flag lots accessed from a shared driveway, or even a .12 unit cottage
house development, "
The application also stated that both a Landscape Architect and a Civil Engineer have verified
that a meandering drive from scenic could achieve the required grades to install a new driveway,
although it would require a future planning action for a Physical and Environmental Constraints
Review, and through that planning action the proposal would be reviewed for consistency with
the Hill side / sever constraint standards. And as mentioned above Parcel 3 has an extant access
easement that would support at a minimum the development of a single-family home.
Staff reviewed all the concerns raised above including road connectivity and future development
but found that in considering the present application and the relevant approval criteria the
proposed partition is in accordance with the Ashland Land Use Ordinance.
The approval criteria for a Land Partition are detailed in AMC 18.5.3.060 as follows:
A. The future use for urban purposes of the remainder of the tract will not be impeded.
B. The development of the remainder of any adjoining land or access thereto will not be
impeded.
C. The partition plan conforms to applicable City -adopted neighborhood or district plans, if any,
and any previous land use approvals for the subject area.
D. The tract of land has not been partitioned for 12 months.
E. Proposed lots conform to the requirements of the underlying zone, per part 18.2, any
applicable overlay zone requirements, per part 18.3, and any applicable development
standards, per part 18.4 (e.g., parking and access, tree preservation, solar access and
orientation).
F. Accesses to individual lots conform to the standards in section 18.4.3.080 Vehicle Area
Design. See also, 18.5.3.060 Additional Preliminary Flag Lot Partition Plat Criteria.
G. The proposed streets, utilities, and surface water drainage facilities conform to the street
design standards and other requirements in part 18.4, and allow for transitions to existing
and potential future development on adjacent lands. The preliminary plat shall identify all
proposed public improvements and dedications.
H. Unpaved Streets.
Minimum Street Improvement. When there exists a 20 -foot wide access along the
entire street frontage of the parcel to the nearest fully improved collector or arterial
street, as designated in the Comprehensive Plan, such access shall be improved with an
asphaltic concrete pavement designed for the use of the proposed street. The minimum
width of the street shall be 20 -feet with all work done under permit of the Public Works
Department.
PA -TI -2021-00168
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Page 4
2. Unpaved Streets. The Public Works Director may allow an unpaved street for access
Tor a land partition when all of the following conditions exist.
a. The unpaved street is at least 20 -feet wide to the nearest fully improved collector or
arterial street. The City may require the street to be graded (cut and filled) to its
standard physical width, and surfaced as required in chapter 18.4.6 prior to the
signature of the final partition plat by the City.
b. The centerline grade on any portion of the unpaved street does not exceed ten
percent.
c. The final elevation of the street shall be established as specified by the Public Works
Director except where the establishment of the elevation would produce a substantial
variation in the level of the road surface. In this case, the slope of the lot shall be
graded to meet the final street elevation.
d. Should the partition be on an unpaved street and paving is not required, the
applicant shall agree to participate in the costs and to waive the rights of the owner
of the subject property to remonstrate both with respect to the owners agreeing to
participate in the cost of full street improvements and to not remonstrate to the
formation of a local improvement district to cover such improvements and costs
thereof. Full street improvements shall include paving, curb, gutter, sidewalks, and
the undergrounding of utilities. This requirement shall be precedent to the signing of
the final survey plat, and if the owner declines to so agree, then the application shall
be denied.
I. Where an alley exists adjacent to the partition, access may be required to be provided from
the alley and prohibited from the street.
J. Required State and Federal permits, as applicable, have been obtained or can reasonably
be obtained prior to development.
K. A partition plat containing one or more flag lots shall additionally meet the criteria in section
18.5.3.060.
The approval criteria for an Exception to the Street Standards are in AMC 18.4.6.020.b as
follows:
1. Exception to the Street Design Standards. The approval authority may approve exceptions to
the standards section in 18.4.6.040 Street Design Standards if all of the following circumstances
are found to exist.
a. There is demonstrable difficulty in meeting the specific requirements of this chapter due
to a unique or unusual aspect of the site or proposed use of the site.
b. The exception will result in equal or superior transportation facilities and connectivity
considering the following factors where applicable.
i. For transit facilities and related improvements, access, wait time, and ride
experience.
ii. For bicycle facilities, feeling of safety, quality of experience (i.e., comfort level of
bicycling along the roadway), and frequency of conflicts with vehicle cross traffic.
iii. For pedestrian facilities, feeling of safety, quality of experience (i.e., comfort level of
walking along roadway), and ability to safety and efficiency crossing roadway.
c. The exception is the minimum necessary to alleviate the difficulty.
PA -T1-2021-00168
34 Scenic Dr./AA
Page 5
d. The exception is consistent with the Purpose and Intent of the Street Standards in
subsection 18.4.6.040.A.
Decision
The applicants have submitted a complete set of Findings addressing their burden of proof to the
Planning Department to demonstrate compliance with the applicable approval standards for the
proposed partition and by their reference are incorporated as if set out in full.
In staff's assessment, the application with the attached conditions complies with all applicable
City Ordinances. Therefore, Planning Action 4PA-T1-2021-00168 is approved with the
following conditions. Further, if any one or more of the following conditions are found to be
invalid for any reason whatsoever, then Planning Action #PA -T1-2021-00168 is denied. The
following conditions are attached to the approval.
1) That all proposals of the applicant shall be conditions of approval unless otherwise modified
herein.
2) That any new address shall be assigned by City of Ashland Engineering Department. Street
and subdivision names shall be subject to City of Ashland Engineering Department review
for compliance with applicable naming policies.
3) That permits shall be obtained from the Ashland Public Works Department prior to any work
in the public right of way, including but not limited to permits for driveway approaches,
utilities or any necessary encroachments.
4) That a final Fire Prevention and Control Plan addressing the General Fuel Modification Area
requirements in AMC 18.3.10.100.A.2 of the Ashland Land Use Ordinance shall be provided
prior to bringing combustible materials onto the property, and any new landscaping proposed
shall comply with these standards and shall not include plants listed on the Prohibited
Flammable Plant List per Resolution 2018-028.
5) That the following items shall be submitted for review and approval of the Ashland Planning
Division prior to signature of the final survey.
a) That a final utility plan for the parcels shall be submitted for review and approval by
the Planning, Engineering, Electric and Building Divisions prior to signature of the
final survey plat. The utility plan shall include the location of connections to all
public facilities including the locations of water lines and meter sizes, fire hydrants,
sanitary sewer lines, storm drain lines and electric services.
b) All easements for public and private utilities and access shall be indicated on the final
survey plat as required by the Ashland Engineering Division.
c) That the sanitary sewer laterals and water services including connection with meters
at the street shall be installed for the new vacant lot prior to the signature of final
survey plat.
d) That the property owner shall sign in favor of local improvement districts for the
future street improvements, including but not limited to park -row and sidewalks, for
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34 Scenic Dr./AA
Page 6
Scenic Drove prior to signature of the final survey plat. The agreement shall be
signed and recorded concurrently with the final survey plat.
e) That a final survey plat shall be submitted within 12 months and approved by the City
of Ashland within 18 months of this approval.
Bill Molnar, Colnniunity Development Director
Department of Community Development
February 4, 2022
Date
PA -T1-2021-00168
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Page 7
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 February 4, 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 -T1-2021-
00168, 34 Scenic Drive.
oignaiure UT trnpleyee
Gftcomm-devlplanningiPlanning Ac8onsTft by StreefiMScenic\Scenic_344Scenlc 34_PATt-2021-001681Kol ingNOD134_Scenic PA-T1-2021-0016B_NODjdOdavil of Mailing.decz 21412022
PA -Tl -2021-00168391E08AD5500 PA -Tl -2021-00168391E08AD5700 PA-T1-2021-00168391E08AD6700
ALLEN PATRICIA A REV TRUST ET ARCHIBALD SANDRA WRAY TRUSTEE BROWN SUSAN E
546 OLD FARM CT 1023 LINDA AVE 139 GRANITE ST
DANVILLE, CA 94526 ASHLAND, OR 97520 ASHLAND, OR 97520
PA -T1-2021-00168 391E08AD6000
COOPER PHILIP G TRUSTEE ET AL
144 NUTLEY ST
ASHLAND, OR 97520
PA -T1-2021-00168 391 E08AD7400
FRASHESKI MEGAN ELIZABETH ET
147 STRAWBERRY LN
ASHLAND, OR 97520
PA -T1-2021-00168 391E08AD5600
HAMILTON SARAH FAITH
180 NUTLEY ST
ASHLAND, OR 97520
PA -T1-2021-00168 391E08AD6200
LEDBETTER ROGER B TRUSTEE ET
112 NUTLEY ST
ASHLAND, OR 97520
PA -T1-2021-00168 391 E08AD7401
MOZINGO DONNA E TRUSTEE ET AL
360 STRAWBERRY LN
ASHLAND, OR 97520
PA -T1-2021-00168
ROGUE PLANNING AND DEVELOPMENT
1314-B CENTER DR, PMB #457
MEDFORD, OR 97501
PA -T1-2021-00168 391E08AD7500
SIGUENZA MARIO E
2252 ALLEGHENY WAY
SAN MATEO, CA 94402
PA -T1-2021-00168 391E08AD5701
STANLEY RICHARD JOSEPH TRUSTE
44 SCENIC DR
ASHLAND, OR 97520
PA -T1-2021-00168 391 E08AD6102
CROCKER KEN
134 NUTLEY ST
ASHLAND, OR 97520
PA -T 1-2021-00168 391 E08AD7900
GAMBLE WILLIAM L TRUSTEE ET A
145 TOWN CTR 683
CORTE MADERA, CA 94925
PA -T1-2021-00168 391E08AD5402
ING DANA C/CRAWFORD BRETT
5 SCENIC DR
ASHLAND, OR 97520
PA -T1-2021-00168 391 EOBAD6900
LONSETH ARVID T
1916 NE CLACKAMAS ST
PORTLAND, OR 97232
PA -T1-2021-00168 391 E08AD5303
PERLMAN ROBIN L TRUSTEE ET AL
20820 PACIFIC COAST HWY
MALIBU, CA 90265
PA -T1-2021-00168 391 E08AD7100
SCHAFFER ANDREA
112112 NUTLEY ST
ASHLAND, OR 97520
PA -T1-2021-00168 391 E08AD6300
SMITH LINDA FOX
80 NUTLEY ST
ASHLAND, OR 97520
PA -T1-2021-00168 391E08AD5400
STOTT BENJAMIN W TRUSTEE ET A
155 STRAWBERRY LN
ASHLAND, OR 97520
PA -T1-2021-00168 391 E08AD5200
FARMER FAMILY LIVING TRUST
FARMER RODNEY L ET AL
196 NUTLEY ST
ASHLAND, OR 97520
PA -T1-2021-00168 391 E08AD5401
GOBELMAN LARRY ET AL
35 SCENIC DR
ASHLAND, OR 97520
PA -T1-2021-00168 391 E08AD6101
JACQUOT RICHARD A TRUSTEE ET
124 NUTLEY ST
ASHLAND, OR 97520
PA -T1-2021-00168 391 E08AD6800
MATSINGER MARJORIE TRUSTEE ET
2920 25TH ST
SACRAMENTO, CA 95818
PA -T1-2021-00168 391 E08AD7200
REID RODNEY J TRUSTEE ET AL
155 GRANITE ST
ASHLAND, OR 97520
PA -T1-2021-00168 391E08AD7800
SCHEUNER FAMILY REV TRUST ET
PO BOX 1851
SONOMA, CA 95476
PA -T1-2021-00168 391EOBAD7300
STAHMANN JOYCE ET AL
35 SCENIC DR
ASHLAND, OR 97520
PA -T1-2021-00168
TERRA SURVEY INC
274 FOURTH ST
ASHLAND, OR 97520
PA -T1-2021-00168 391E08AD7600 PA -T1-2021-00168 391E08AD7700 34 Scenic NOD
WOOD CHRISTOPHER L TRUSTEE ET WRIGHT MICHAEL L TRUSTEE ET A 0204/22
121 STRAWBERRY LN 111 MONTVIEW ST 29
ASHLAND, OR 97520 ASHLAND, OR 97520
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January 5, 2022
City of Ashland
Planning Department
Re: Planning Action PA -T1-2021-00168
Photos taken from Parcel #3 looking West
We are concerned that the proposed partition provides insufficient access for
the proposed oversized Parcel 3 to accommodate future development of that
property will be impeded.
The 71.4' of frontage for Scenic Drive proposed for Parcel 3 as shown on the
applicants' site map for proposed land partition is at the bottom of a 15 -foot
high nearly vertical retaining wall. See, photos above and also the contour
lines on the partition plan. The retaining wall continues both to the north and
south beyond the proposed frontage for Parcel 3.
The retaining wall provides for Scenic Drive to cross over the natural draw in
the hillside at that location. The applicants' findings at page 5 state that the
slope of the grade along Scenic Drive is so steep there is a guardrail. That is
true -the "slope of grade" referenced is the vertical retaining structure on the
downslope side of the street. The findings continue to state that the future
development will dictate the ultimate finished width of the future driveway,
thus no plan for driveway installation is provided. However, the proposed
configuration of Parcel 3 combined with lack of any proposed access easement
or future street reservation from Scenic Drive to serve Parcel 3 will dictate that
any access connection to Scenic Drive would have to be at the 15 -foot high
1
retaining wall. The application provides no evidence that such a driveway
access can be constructed and permitted by the city -- nor is it evident that
even pedestrian access could be provided from the sidewalk (which is guard
railed) at the top of the retaining wall to the Parcel 3 below.
If access from Scenic Drive to the oversized Parcel 3 cannot be obtained, then
future street connectivity to further develop that parcel in the future cannot be
assured as required to comply with the city's street design standards under
AMC 18.4.6.040. Without access to Scenic Drive - either directly along the
frontage of Parcel 3 or through the remaining two parcels - the proposed
parcel configuration will limit future development of Parcel 3 to use of sole
access over a narrow 15 -wide easement east to Granite Street along the south
line of our property. That driveway already serves the 10 dwelling units on our
tract (Tax Lots 7000 & 7200). These include five apartments at 153 Granite
Street in the historic LP Marsh House, four individual cottages and a single
family home at 155 Granite Street. Please see the attached letter dated May
12, 2021 as previously submitted for the pre -application review. We have no
other means of access to serve our property. Assurance of access from Scenic
Drive to serve future development of the oversized proposed Parcel 3 would
serve to more evenly distribute future traffic from that property rather than to
concentrate all traffic generated from its future development within the narrow
access easement through our property - and would also ensure that
neighborhood street connectivity between Granite Street and Scenic Drive
would be achieved in accordance with AMC 18.4.6.040.
The General Requirements for land divisions as provided under AMC
18.5.3.020 include a provision at subsection E that when partitioning tracts
into large lots (i.e., greater than two times or 200 percent the minimum lot
size allowed by the underlying land use district) a "Future Division Plan" may
be required by the approval authority indicating how further division of
oversized lots and extension of planned public facilities to adjacent parcels can
occur in the future. In this case, Parcel 3 is proposed to be 39,534.7 square
feet in size - which is over five times the 7,500 square foot minimum lot size
allowed in the R-1-7.5 zone.
It is not at all clear that the size, shape and orientation of the proposed
oversized lot (Parcel 3) can facilitate future re -division and extension of streets
and utilities. Instead, the partition as proposed is configured in a way to cut
off the possibility of access from and connectivity through the oversized Parcel
3 to Scenic Drive. The proposed 71.4 -feet of frontage for Parcel 3 would
require an enormous amount of fill to support a new driveway or street
2
connection at a grade sufficient to meet city standards for slope and line of
sight for intersection safety along Scenic Drive (not to mention the
disturbance to Scenic Drive traffic flow that would occur while reconstructing
the engineered retaining wail). We ask that the approval authority require a
future re -division plan to -- at a minimum - assure that access from Scenic
Drive to and through Parcel 3 will be provided before approving a partition
configuration that as now proposed appears to close off the possibility of that
connection. It would make far more sense to extend a dedicated street - or
provide a shared access easement - through proposed Parcel 1 and 2 along
the proposed common line (where the plan shows a garage is to be removed)
to provide connectivity to Parcel 3. The proposed plan already shows that the
15 -foot ingress/egress easement from Granite Street through our property is
to be extended to the east line of Parcel 2 "for Parcel 2". That proposed
easement could be realigned to run northwesterly so that it would tie in with
the easement to Scenic Drive: The proposed partition plan indicates that the
grade along that alignment is moderate and that there are no trees that would
be impacted - as opposed to the proposed easement alignment along the
south line where trees are shown. Access to Parcel 3 and extension of utilities
adequate to accommodate future urbanization or division of that Parcel should
also be constructed or otherwise assured prior to final plat approval to ensure
that the development potential for Parcel 3 is not impeded.
The applicants' request for an exception to street standards for Scenic Drive
seem reasonable as to allowing Scenic Drive to remain as currently improved
rather that to widen it in this hillside vicinity. However, the finding in response
to AMC 18.4.6.020.B.1.c on page 12 highlights the concern with approving the
Parcel 3 configuration without evidence that connectivity with Scenic Drive can
be assured. If the installation of conforming street improvements just to widen
the sidewalk "creates numerous difficulties", so also would construction of a
new driveway or future street anywhere along the proposed Parcel 3 frontage.
The next finding responding to subsection (d) points out that the intent of the
street standards includes connectivity.' However, as we have stated above,
1 Purpose and Intent under AMC 18.4.6.040(A) are stated as follow: 1) Purpose. This section
contains standards for street connectivity and design as well as cross sections for street
improvements. The standards are intended to provide multiple transportation options, focus on
a safe environment for all users, design streets as public spaces, and enhance the livability of
neighborhoods, consistent with the Comprehensive Plan. 2. Intent. Ashland's streets are
some of the most important public spaces in the community. The Street Design Standards
outline the art and science of developing healthy, livable streets, and are intended to illustrate
current standards for planning and designing the streets of Ashland. The standards are to be
used in the development of new streets, and reconstruction of existing streets or portions
thereof (i.e. improving a paved local street by adding sidewalks). The standards are also
3
there is reasonable opportunity to assure street connectivity to Parcel 3 by
providing either shared easement access or a dedicated new street easterly
through the southwest corner of the tract where Parcels 1 and 2 are proposed.
The driveway to the existing home could be connected to a new cross street, or
the shared driveway could be designed to serve as a shared street to assure
that Parcel 3 can be further developed with connections to both Scenic Drive
and Granite Street to ensure street connectivity standards are met. The
applicants already propose to connect the existing easement over our property
through to their proposed Parcel 2. It is a short connection to tie that into the
easement from Scenic Drive that is now proposed to be shared only by Parcels
1 and 2.
The application does not request an exception to the Street Design Standards
for connectivity under AMC 18.4.6.040(D, E and F). Subsection (D)(6) states
that streets should be connected. The proposed configuration - if approved -
would create a situation whereby connection to Scenic Drive for the proposed
large lot (Parcel 3) would be impeded by the continuous vertical retaining wall
that rises 15 feet above the only frontage proposed to serve that parcel. A
future developer would then be faced with a situation where extreme
conditions prevent a street connection - but such conditions can be avoided
now by assuring that the proposed partition provides for adequate
connectivity.
The applicants state that they are not yet certain about how the proposed large
lot will be developed in the future. However, knowing that the proposed
configuration will limit the choice of access to a connection at the City's 15 -foot
vertical retaining wall along Scenic Drive and to a 15 -foot wide access
easement to Granite Drive that is already used for access to ten existing
dwellings, it is incumbent upon the City to require the applicants to provide a
future re -division plan that considers the required street layout and design
principles under AMC 18.4.6.040(D) and reserves at least a basic level of
access and public utility connections for future development. If final
development plans propose different connection alignments through the
oversized Parcel 3, the same could still be approved upon demonstrating that
the final plans also comply with the applicable connectivity and layout
requirements. However, at least the necessary connections through to Scenic
Drive will have been reserved so that development opportunities are not
impeded and that the street system will be logically extended to abutting lands
intended as a resource for use by home builders, developers, and community members in the
pursuit of quality development practices.
4
- including our own - and to provide for the block lengths as required under
AMC 18.4.6.040(E).
Thank you for your consideration,
Rod & Susan Reid
155 Granite St.
Ashland, Oregon 97520
(541) 531-9114
susaninez3@gmaii.com
rireid 1343@gmail.com
0
Planning Department, 51 Winburn Way, Ashland, Oregon 97520 CITY OF
Ir 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 -ASHLAND
NOTICE OF APPLICATION
PLANNING ACTION: PA -T1-2021-00168
SUBJECT PROPERTY: 34 Scenic Dr.
OWNERIAPPLICANT: Rogue Development for Gobelman & Stahmann
DESCRIPTION: A request for a minor land partition to divide the large area parcel into three parcels. Proposed
Parcel 1 is proposed as a 10,076.1 square foot (SF) parcel. To the south is proposed Parcel 2. This parcel is proposed to have
8,000 SF. Parcel 3 is proposed to be a large area, 39,534.7 square foot parcel. The large parcel is not proposed for any
development at this time and a number of conceptual development options from one single family residence, duplex, flag lot(s),
cottage house development, etc. are possible in the R-1-7.5 zone. COMPREHENSIVE PLAN DESIGNATION: Single Family
Residential; ZONING: R-1-7.5; MAP: 391E 08 AD, TAX LOT: 7300
NOTE: The Ashland Tree Commission will review this Planning Action at an electronic public hearing on Thursday, January 6 at 6:00 PM.
See page 2 of this notice for information about participating in the electronic public hearing.
NOTICE OF COMPLETE APPLICATION: December 23, 2021
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: January 6, 2022
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Tree Commission Meetings
Notice is hereby given that the Tree Commission will hold an electronic public hearing on the above described planning action on
the meeting date and time shown on Page 1. If you would like to watch and listen to the Tree Commission meeting virtually, but
not participate in any discussion, you can use the Zoom link posted on the City of Ashland calendar website
https://www.ashland.or.us/calendar._asp .
Oral testimony will be taken during the electronic public hearing. if you wish to provide oral testimony during the electronic
meeting, send an email to PC-public-testimony@ashland.or.us by 10.00 a.m. on Thursday, January 6, 2022. In order to
provide testimony at the public hearing, please provide the following information: 1) make the subject line of the email "Advisory
Commission Testimony Request", 2) include your name, 3) specify the date and commission meeting you wish to testify at, 4)
specify the agenda item you wish to speak to, 5) specify if you will be participating by computer or telephone, and 6) the name you
will use if participating by computer or the telephone number you will use if participating by telephone.
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 1)
The Ashland Planning Division Staff has received a complete application for the property noted on Page 1 of this notice.
Because of the COVID-19 pandemic, application materials are provided online and comments will be accepted by email.
Alternative arrangements for reviewing the application or submitting comments can be made by contacting (541) 488-5305
or plan ning(cbashland.or. us.
A copy of the application, including all documents, evidence and applicable criteria are available online at "What's
Happening in my City" at https:Ilgis.ashland.or.usldevelopmentproposalsl. Copies of application materials will be provided
at reasonable cost, if requested. Under extenuating circumstances, application materials may be requested to be reviewed
in-person at the Ashland Community Development & Engineering Services Building, 51 VVinburn Way, via a pre -arranged
appointment by calling (541) 488-5305 or emailing plan ningaashland. or. us.
Any affected property owner or resident has a right to submit written comments to plan ningic�ashland.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
Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon
determination of completeness, a notice is sent to surrounding properties within 200 feet of the property submitting application
which allows for a 14 -day comment period. After the comment period and not more than 45 days from the application being
deemed complete, the Planning Division Staff shall make a final decision on the application. A notice of decision is mailed to
the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staff's decision
must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC
18.5.1.050.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 Aaron Anderson at 541-552-2052or
aaron.anderson@ashland.or.us.
PRELIMINARY PARTITION PLAT
18.5.3.050
The approval authority shall approve an application for preliminary partition plat approval only where all of the following criteria are met.
A. The future use for urban purposes of the remainder of the tract will not be impeded.
B. The development of the remainder of any adjoining land or access thereto will not be impeded.
C:lllsersUnichneisullivan\Deskiopl34 Scenic NOCU4—Scenic_PA-2021-00168_NOC.dm
C. The partition plan conforms to applicable City ed neighborhood or district plans, if any, and any, ous land use approvals for the subject area.
D. The tract of land has not been partitioned for 12 months.
E. Proposed lots conform to the requirements of the underlying zone, per part 18.2, any applicable overlay zone requirements, per part 18.3, and any applicable
development standards, per part 18.4 (e.g., parking and access, tree preservation, solar access and orientation).
F. Accesses to individual lots conform to the standards in section 18.4,3.080 Vehicle Area Design. See also, 18.5.3.060 Additional Preliminary Flag Lot Partition
Plat Criteria.
G. The proposed streets, utilities, and surface water drainage facilities conform to the street design standards and other requirements in part 18.4, and allow
for transitions to existing and potential future development on adjacent lands. The preliminary plat shall identify all proposed public improvements and
dedications.
H. Unpaved Streets,
1. Minimum Street Improvement, When there exists a 20 -foot wide access along the entire street frontage of the parcel to the nearest fully improved
collector or arterial street, as designated in the Comprehensive Plan, such access shall be improved with an asphaltic concrete pavement designed
for the use of the proposed street. The minimum width of the street shall be 20 -feet with all work done under permit of the Public Works Department.
2. Unpaved Streets. The Public Works Director may allow an unpaved street for access for a land partition when all of the following conditions exist,
a. The unpaved street is at least 20 -feet wide to the nearest fully improved collector or arterial street. The City may require the street to be graded
(cut and filled) to its standard physical width, and surfaced as required in chapter 18.4.6 prior to the signature of the final partition plat by the City.
b. The centerline grade on any portion of the unpaved street does not exceed ten percent.
c. The final elevation of the street shall be established as specified by the Public Works Director except where the establishment of the elevation
would produce a substantial variation in the level of the road surface. In this case, the slope of the lot shall be graded to meet the final street
elevation.
d. Should the partition be on an unpaved street and paving is not required, the applicant shall agree to participate in the costs and to waive the rights
of the owner of the subject property to remonstrate both with respect to the owners agreeing to participate in the cost of full street improvements
and to not remonstrate to the formation of a local improvement district to cover such improvements and costs thereof. Full street improvements
shall include paving, curb, gutter, sidewalks, and the undergrounding of utilities. This requirement shall be precedent to the signing of the final
survey plat, and if the owner declines to so agree, then the application shall be denied.
1. Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from the street.
J. Required State and f=ederal permits, as applicable, have been obtained or can reasonably be obtained prior to development.
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AFFIDAVIT OF MAILING
STATE OF OREGON
County of Jackson
The undersigned being first duly sworn states that:
1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On December 23, 2021 1 caused to be mailed, by regular mail, in a
sealed envelope with postage fully prepaid, a copy of the attached planning action
notice to each person listed on the attached mailing list at such addresses as set
forth on this list under each person's name for Planning Action #PA -T1-2021-
00168, 34 Scenic Drive.
Signature of Employee
GAcomm-deYWann1ngV1ann1ngAdonsWs by StreetS4ScenickSceniC_344Scenic_34 PA-TI-2621-60168Woticing134_Scenic_PA-2621-00168_AMdaAtafMelitng.docxl2012021
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PA21-00168
FARMERFAMILY LIVING TRUST
E PA-T1-2021-00168 391E08AD5303
PA-T1-2021-00168 391E08AD5400
FARMER RL ET AL
PERLMAN ROBIN L TRUSTEE ET AL
STOTT BENJAMIN W TRUSTEE ET A
196 NUTLEYY SST T
20820 PACIFIC COAST HWY
155 STRAWBERRY LN
ASHLAND, OR 97520
MALIBU, CA 90265
ASHLAND, OR 97520
PA-T1-2021-00168 391E08AD5401
PA-T1-2021-00168 391E0SAD5402
PA-T1-2021-00168 391E08AD5500
GOBELMAN LARRY ET AL
ING DANA C/CRAWFORD BRETT
ALLEN PATRICIA A REV TRUST ET
35 SCENIC DR
5 SCENIC DR
546 OLD FARM CT
ASHLAND, OR 97520
ASHLAND, OR 97520
DANVILLE, CA 94526
PA-T1-2021-00168 391E08AD5600
PA-T1-2021-00168 391E08AD5700
PA-T1-2021-00168 391E08AD5701
HAMILTON SARAH FAITH
ARCHIBALD SANDRA WRAY TRUSTEE
STANLEY RICHARD JOSEPH TRUSTE
180 NUTLEY ST
1023 LINDA AVE
44 SCENIC DR
ASHLAND, OR 97520
ASHLAND, OR 97520
ASHLAND, OR 97520
PA-T1-2021-00168 391E08AD6000
PA-T1-2021-00168 391E08AD6101
PA-T1-2021-00168 391 EO8AD6102'
COOPER PHILIP G TRUSTEE ET AL
: JACQUOT RICHARD A TRUSTEE ET
CROCKER KEN
144 NUTLEY ST
j 124 NUTLEY ST
134 NUTLEY ST
ASHLAND, OR 97520
- _ -
ASHLAND, OR 97520
-- ..............
ASHLAND, OR 97520
-
i
PA-T1-2021-00168 391E08AD6200
PA-T1-2021-00168 391E08AD6300
_.._.. -
�
i PA-T1-2021-00168 391E08AD6700
LEDBETTER ROGER B TRUSTEE ET
! SMITH LINDA FOX
BROWN SUSAN E
112 NUTLEY ST
80 NUTLEY ST
; 139 GRANITE ST
ASHLAND, OR 97520
i ASHLAND, OR 97520
ASHLAND, OR 97520 i
I'
PA-T1-2021-00168 391 EO8AD6800
; PA-T1-2021-00168 391 E08AD6900
PA-T1-2021-00168 391 E08AD7000
MATSINGER MARJORIE TRUSTEE ET
i LONSETH ARVID T
REID ROD NEY J TRUSTEE ET AL
2920 25TH ST
1916 NE CLACKAMAS ST
155 GRANITE ST
SACRAMENTO, CA 95818
; PORTLAND, OR 97232
ASHLAND, OR 97520
PA-T1-2021-00168 391 E08AD7100
: PA-T1-2021-00168 391 E08AD7200
PA-T1-2021-00168 391 E08AD7300
SCHAFFER ANDREA
: REID RODNEY J TRUSTEE ET AL
STAHMANN JOYCE ET AL
112112 NUTLEY ST
155 GRANITE ST
35 SCENIC DR
ASHLAND, OR 97520
: ASHLAND, OR 97520
ASHLAND, OR 97520
PA-T1-2021-00168 391E08AD7400
PA-T1-2021-00168 391E08AD7401
PA-T1-2021-00168 391E08AD7500
FRASHESKI MEGAN ELIZABETH ET
: MOZINGO DONNA E TRUSTEE ET AL
SIGUENZA MARIO E
147 STRAWBERRY LN
360 STRAWBERRY LN
2252 ALLEGHENY WAY
ASHLAND, OR 97520
ASHLAND, OR 97520
SAN MATEO, CA 94402
PA-T1-2021-00168 391EOBAD7600
; PA-T1-2021-00168 391EOSAD7700
PA-T1-2021-00168 391E08AD7800
WOOD CHRISTOPHER L TRUSTEE ET
WRIGHT MICHAEL L TRUSTEE ET A
SCHEUNER FAMILY REV TRUST ET
121 STRAWBERRY LN
111 MONTVIEW ST
PO BOX 1851
ASHLAND, OR 97520
ASHLAND, OR 97520
SONOMA, CA 95476
PA-Tl -2021-00168391E08AD7900
PA-T1-2021-00168
PA-T1-2021-00168
GAMBLE WILLIAM L TRUSTEE ET A
TERRA SURVEY INC
ROGUE PLANNING AND DEVELOPMENT
145 TOWN CTR 683
274 FOURTH ST
1314-8 CENTER DR, PMB #457
CORTE MADERA, CA 94925
ASHLAND, OR 97520
MEDFORD, OR 97501
raft Planning Division
51 Winburn Way, Ashland OR 97520
CITY o E
-ASHLAND 541-488-5305 Fax 541-488-6005
DESCRIPnQN OF PROJECT Three Lot Partition
DSf;RIPTION OF PROPERTY
Street Address 34 Scenic Drive
Assess(Ws Map No. 391E 08AD
Zoning R-1-7.5
APPLICANT
ZONING PERMIT APPLICATION
FILE #
Pursuing LEEDO Certification? ❑ YES ® NO
Tax L01(s) 7300
Comp Pian Designation Single Family Residential
Name Rogue Planning & Development Services Phone 541-951-40202 E -Mail
amygunter.planningCCgmail.com
,dam 1314--B Center Dr., PMB#457 ti" Medford zip 97501
Name Larry Gobeiman
Phone 530-859-1859 E -Mail
gobelman@gmail.com
Address 35 Scenic Drive CRY Ashland _21p,97520
SURVEYOR, ENGINEER, ARCHITECT. LANDSCAPE ARCHITECTOTHER
Title Surveyor Name Terra Survey Inc. Phone 541-482-6474 E -Mail terrain @ bisp.net
Address 274 Fourth Street Chy
Title Name
Address
Phone
City
Ashland ,
E -Mail
Zip 97520
Zip
1 hereby cefylhatttm statementsandinfawmafion contained hr tlds application, including the endosed &aWings and Me mQuired findings offact are in alrespects,
bare and corr=ect I undewstand that adMpaWpins must be shown on die drawings and &hfe upon the sde inspection. In the event the pins are notshown awMer
Iocafinn found to be mcm°ect the owner assumes faUtesponsib* I fuvdiar understand fhatiffsrequest fs subsequendy contested, the burden wgl be on me to
esW&h.
t) lbatlAwacedsulwentfactualevldenceatmeheadogtosuppoolbbmquest,
2) that the findings of factfuvnMedAWft the granfng ofthemquesg
3) that the lrrdings ofkahrnhed bymeam adequats• and bather
4 Mat al sfte&wes awim/invements are paperfylacafed on Me ground
Faffum In ffibmgmd wf9wesuitmost lkelyln not 0* the tequestbaNg set aside, but also possiblyin my sf�uctures being built inreliance thereon being tequhd to
beremovedaexponse I shave anydoubts, lam advised to seekcampetentpWossionaladdee and assistance.
711112121
Applicant's Si na re Date
As ournewof the p %pewtyinvofv In thisieques4 !have mad and understood the complete appgcalton and its consequences to me as,? Avpeffy
axrrr�:
Property Owner's Sig azure (required) Date
ffebetwowlbymysw
Dale Received Zoning Permit Type Filing Fee S
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ZONING PERMIT APPLICATION
Planning Division
CITY a F
51 Winburn Way, Ashland OR 97520 FILE # PA -TI -2021-00168 SAS H LAN D 541-488-5305 Fax 541-488-6006
DESCRIPTION OF PROJECT Three Lot Partition
DESCRIPTION OF PROPERTY
Street Address 34 Scenic Drive
Assessor's Map No, 391E 08AD
Zoning R-1-7.5
Pursuing LEED® Certification? ❑ YES A NO
Tax Lot(s) 7300
Comp Plan Designation Single Family Residential
APPLICANT
Name Rogue Planning & Development Services phone 541-951-40202 E -Mail amygunter.planning@gmail.com
Address 1314-B Center Dr., PMB#457
PROPERTY OWNER
Name Larry Gobelman
Address 35 Scenic Drive
city Medford zip 97501
Phone 530-859-1859 E -Mail gobelman@gmaii.com
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
Address
ame
city Ashland
Phone E -Mail
City
Zip 97520
Zip
f 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 incorroct the owner assumes full responsibility. 1 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 m expense. If t have any doubts, I am advised to seek competent professional advice and assistance.
11/12/21
Applicant's Si na re Date
As owner of the property involved in this request, I have read and understood the complete application and its consequences to me as a property
owner.
Property Owner's Signature (required)
Date
[ro he completed by City Staff
Date Received 11.15.2021 zoning Permit Type Type I Filing Fee $ 1343.75
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ZONING PERMIT SUBMITTAL REQUIREMENTS
E APPLICATION FORM must be completed and signed by both applicant and property owner.
u PLANNING FEES FORM must be completed and signed by both applicant and property owner.
E) 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.
o TRUE SCALE PDF DRAWINGS — Standard scale and formatted to print no larger than 11x17 inches. Include site
plan, building elevations, parking and landscape details.
o FEE (Check, Charge or Cash)
❑ LI=ED® 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.
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,
GAcem r-dev1planningWorms&Hatrdovts\Zoning Permit Applicatinn.doc
ROGUE PLANNING G DEVELOPMENT SENVICLS, LLE
34 Scenic Drive — Larry Gabelman and Cayce Stahmann
Minor Lend Partition for three lots
Minor Land Partition
Property Address: 34 Scenic Drive
Property Owner: Larry Gobelman & Joyce Stahmann
35 Scenic Drive
Ashland, OR 97520
Planning Consultant: Amy Gunter
Rogue Planning & Development Services
1314-B Center Dr., PMB #!''457
Medford, OR 97501
Surveyor: Terra Survey
274 Fourth Street
Ashland, OR 97520
Subiect Proverty:
Map & Tax Lot: 39 1E 08AD: Tax Lots: 7300
Lot Area: 57,611 square feet
Zoning: R-1-7.5
Adjacent Zones: R-1-7.5
Overlay Zones: Siskiyou-Hargadine Historic District
Physical and Environmental Constraints
Request:
A request for a minor land partition to divide the large area parcel into three parcels. Proposed Parcel 1
is proposed as a 10,076.1 square foot (SF) parcel. To the south is proposed Parcel 2. This parcel is
proposed to have 8,000 SF. Parcel 3 is proposed to be a large area, 39,534.7 square foot parcel. The
large parcel is not proposed for any development at this time and a number of conceptual
development options from one single family residence, duplex, flag lot(s), cottage house development,
etc. are possible in the R-1-7.5 zone.
Property Description:
The subject property proposed for partition is a large parcel on the east side of Scenic Drive. The property
is approximately 305 -feet north of the Scenic Drive and Strawberry Lane intersection, and 278.30 feet
south of the Scenic Drive and Nutley Street intersection. The parcel is generally rectangular, with 251.72
Page I. of I.Z
feet of frontage on Scenic Drive. The parcel extends 210 feet to the east, 291.72 -feet north, 108 -feet
west, 40 -feet south, 92 -feet west to the point of beginning. The property is 56,611 square feet in area.
The existing average lot width is 271.72 and the average lot depth is 210.82, the lot is wider than it is
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The property and the adjacent properties are zoned R-1-7.5, Single Family Residential. The property is
within the Hillside Overlay and there are areas abutting Scenic Drive that are 35 percent slopes and
greater. There are other areas of steep slopes that are adjacent to the south property line.
The property is one of the south properties within the Skidmore Academy Historic District. The house
was constructed in the early 1950s. According to the Ashland Historic Resources Inventory the home is
non -historic, non-contributing. 34 Scenic Drive is a contemporary, structure from the Modern Period,
Dated 1953 by the Assessor, this multi-component residence has a large and sprawling footprint that
may include some early elements but overall is not consistent with the historic character of the district.
In 1964 Karl W. Slack is listed as the owner -occupant although by 1977 the present owner was living at
this address with Slack residing at 44 Scenic, possibly indicating a lot partition and new construction
that was not researched.
Though not considered historic, the structure does appear to retain sufficient integrity to reflect the time
period in which it was constructed. With the fagade modifications made by the property owner, the
residence has an improved street presence.
The 2,446 -square foot one story residence with a basement. There is also a 440 -square foot detached
garage to the south of the residence. A 220 -square foot lean to structure was previously attached to this
structure and since has been removed.
Page 2 of 12
The average slope of the property is approximately 14 -percent downhill from Scenic Drive to the east.
There are areas where slopes of the property are greater than 35 percent. These are along the Scenic
Drive right-of-way and to the east of the residence and garage.
The areas that have more than 35 percent slope are outside of the areas of development. The basic
setbacks of the R-1 zone are similar or slightly smaller than the areas identified as 35 percent slopes and
greater.
The property is subject to solar setback standard A and slopes at approximately three percent downhill
to the north for the purposes of calculating solar setbacks.
There are 40 trees on the subject property that are more than six inches in diameter at breast height.
The trees include pine, cedar, cottonwood and fruit trees. There are large diameter Oak trees along the
Scenic Drive frontage.
Scenic Drive has a 40 -foot public right of way. It is paved with curb and gutter. There is a curbside
sidewalk along the frontage of the property. There is limited right-of-way for street improvements,
additionally, there is a substantial grade change on both sides of the street. A decorative guardrail is
present along the south —94 -of the property frontage with large stature trees along the entire block
frontage that prevent the installation of a park row and sidewalk to city standards.
The property is served by public utilities (water and natural gas) from Scenic Drive. There are public utility
easements for stormwater sewer and sanitary sewer mains which are present on the north and
northwest sides of the property. The public utility easements are depicted on the proposed partition plat
map.
The properties to the north, west and south are also zoned R-1-7.5 and are occupied by single family
type structures and detached out buildings. The property to the east is zoned R-2 and is occupied by a
multi -structure, multi -family dwelling type of development.
Proposal:
The request is to divide the property into three parcels. There are existing curbside sidewalks along the
frontage of the property. An exception to the street standards is proposed to retain the existing
infrastructure and not install parkrow and replacement sidewalk.
Proposed Parcel 1 would retain the existing residence with vehicular access from Scenic Drive utilizing
the existing driveway. Proposed Parcel 1 has a width of 1.00.4 -feet along Scenic Drive and a depth of
100.4 -feet, this exceeds minimum lot width and lot depth in the zone. The parcel is proposed to be
Page 3of12
10,076.1 square feet. Minimum lot area in the zone is 7,500 square feet and the proposed parcel area
exceeds this. The existing coverage of Parcel 1 complies with the maximum coverage in the zone.
To the south of proposed Parcel 1, is proposed Parcel 2. Parcel 2 is in the area of the existing detached
garage. The garage 440 square foot garage will be removed to ready the property for development. This
parcel is proposed to be 80 -feet wide along Scenic Drive with 100 -feet of depth. The parcel is proposed
to be 8,000 square feet. The proposed width and lot depth comply with the standards for the zone. The
proposed parcel width complies with solar setback standards and the parcel width is less than the parcel
depth.
Proposed Parcel 3 is a large area parcel. This parcel is proposed as a future development area. Parcel 3
is proposed to have 71.4 -feet of frontage along Scenic Drive. The parcel has an average width of 181.56 -
feet. The proposed depth of the parcel is approximately 220.04 -feet which appears to comply with the
requirement that the lot depth exceed the lot width.
There is a legal ingress/egress easement leading to Granite Street through the adjacent property. This
easement is unimproved, and the neighbors have created a steep drop off at the property boundary.
This easement will be reserved for Parcel 3.
Parcel 2 is shown using the existing driveway from Scenic Drive. Cross access easements, backup area
easements and utility easements are shown between Parcel 1 and Parcel 2 with utility easements across
Parcel 3 for Parcel 1 and 2 to access existing sanitary sewer and stormwater easements along the north
property line of proposed Parcel 3.
Findings addressing the criteria from the Ashland Municipal Code can be found on the following pages.
Respectfully submitted,
Amy Gunter
Rogue Planning & Development Services, LLC
Agent for Owner
Attachments:
A) Preliminary Partition Map
B) Existing & Proposed Utility Plan/Tree Protection Plan
Page 4 of 12
FINDINGS OF FACT
Ashland Municipal Code
Land Use Ordinance
18.5.3.050 Preliminary Partition Plat Criteria
A. The future use for urban purposes of the remainder of the tract will not be impeded.
Fines
The future use of the remainder of the tract as single-family residential uses will not be impeded by the
proposal.
Proposed Parcel 3 is oversized with 39,534.7 square feet of area. This parcel is proposed to have 71.4 -
feet of frontage along Scenic Drive. Parcel 3 has an average width of 181.56 -feet. The proposed lot depth
is approximately 220.04 -feet which appears to comply with the requirement that the lot depth exceed
the lot width. This parcel has no development proposals.
The area of Parcel 3 has the potential density of three units for a subdivision, performance standards
subdivision, or has the potential to be at least one, 12 -unit cottage lot development. The solar access
ordinance requires the future lots on this portion of the property to have a substantial north to south lot
width to accommodate the required solar setback due to the level grade for the purposes of the solar
access ordinance.
When considering the slope of the property from south to north with a steep cross slope from Scenic to
the east, there is inadequate street frontage along Scenic Drive is not wide enough to create three street
fronting parcels. Additionally, three street fronting lots would prevent access to the rear yard areas of
three very oversized parcels limiting the future density potential of Proposed Parcel 3. The slope of the
grade along Scenic Drive is so steep there is a guardrail. There are a substantial number of large stature
trees on Parcel 3. The large trees and the location and grade for the future access to Parcel 3 are also
factors in the reasons for the I - shaped Parcel 3. The future development will dictate the ultimate finished
width of the future driveway thus, no plan for driveway installation provided. There is adequate
separations of more than 24 -feet between the existing driveways on proposed Parcel 1 to the south and
the property adjacent to the north.
The property is not within the Performance Standards Overlay but is in the historic district and has
topographical constraints, constraints from adjacent developments and large stature trees which would
warrant future planning review as a Performance Standards Subdivision or similar.
B. The development of the remainder of any adjoining land or access thereto will not be impeded.
Finding:
Page 5 of 12
The development of the remainder of any adjoining land or access to adjoining lands will not be
impeded by the proposal.
There are access easements and utility easements provided on the preliminary plat submitted with this
application.
The access easement to Granite Street is presently not improved between the property lines and not
intended for use. The easement provided on the partition plat map will provide access to Parcel 3.
Easements leading to the public utilities near the north property line of the parent parcel are provided
along the proposed east property line of Parcel 1 and crossing Parcel 3. A public utility and slope
easement has been proposed along the frontage of the property adjacent to the Scenic Drive right-of-
way.
C. The partition plan conforms to applicable City -adopted neighborhood or district plans, if any, and any
previous land use approvals for the subject area.
Finding:
The Historic District Inventory does not appear to impact requests for partition excepting the
Maximum Permitted Floor Area (MPFA) standards. The existing residence has 1,256 square feet on the
first floor, excluding the daylight basement area is far less than the allow maximum house size.
There are no other City adopted neighborhood or district plans. To the applicant's knowledge, there
are not previous approvals for the subject property that would impact the proposal.
D. The tract of land has not been partitioned for 12 months.
Finding:
The tract of land has not been partitioned for the past 12 months.
E. Proposed lots conform to the requirements of the underlying zone, per part 18.2, any applicable
overlay zone requirements, per part 18.3, and any applicable development standards, per part 18.4 (e.g.,
parking and access, tree preservation, solar access and orientation).
Finding:
The proposal complies with the requirements of the underlying zone. Three parcels which comply with
lot width and depth requirements, coverage and MPFA standards and solar access standards.
Page 6 of 12
There are large stature trees which are all proposed to be retained as part of this proposal, The
proposed utility installations should not have an impact on the trees as the lines are present in the
street and along the north side of the property not near the large, established trees. A tree protection
plan has been provided.
Parcel 1:
Proposed Parcel 1 is proposed to be 100.4' X 100.4' and 10,073.1 square feet in area.
The 10,076.1 square foot parcel has a 2,446 square foot residence. This structure has a basement level
that is not included in the area of the structure for the purposes of maximum permitted floor area
(MPFA). The main level of the residence is 1,256 square feet which is less than the allowed MPFA of
2,717.7 square feet (10,073.1 X .71= 7,151.9 X .38 = 2,717.7 square feet).
The proposed parcel has 2,059 square feet of paved and concrete areas, including the residence and a
portion of the large deck (328 SF of the 528 SF). The total coverage of proposed Parcel 1 is 3,643
square feet in area which is less than the allowed coverage of 4,532.8 square feet.
Proposed Parcel 1 meets solar setbacks for the existing structure and exceeds the minimum lot width
for a newly created lot (minimum lot width is 72.8 -feet wide).
The existing structure complies with setbacks from the proposed property lines.
The site plan depicts and area for two vehicle parking spaces. It is in the same area as existing surface
parking.
Parcel 2:
Proposed Parcel 2 is proposed to be 80' X 100' and 8000 square feet in area. This parcel complies with
minimum lot width and depth requirements as well as minimum lot area.
A buildable area is evident on the property within the paved driveway area and the garage parking
area where previous site disturbances have occurred. The areas within the setbacks are steeply sloped
and outside of the buildable area.
The MPFA for this parcel is 2,436.7 square feet (7,820 X.82 = 6,412 X .38 = 2,436.7). The future
development will demonstrate compliance with standards at the time of development.
There are 3,411 square feet of impervious surfaces on the proposed parcel. Of this, 440 square feet is a
detached garage that will be removed. The maximum allowed coverage is 3,519 square feet in area.
The existing surfaces comply, and new construction will demonstrate compliance with the coverage
standards.
Page 7of12
The access to Parcel 2 is proposed to be shared with Parcel 1. The private easement that extends from
Granite Street has been adjudicated and it is a legal access to the subject property. There are
encroachments, the easement and improved width is narrow to serve as a primary vehicle access.
The proposal seeks to allow the proposed Parcels 1 and 2 to use accesses from Scenic Drive. When
Parcel 3 develops in the future, the easement could provide access to future residences, or the lot
width a separation between the existing driveways on the adjacent property to the north and the
existing driveway to the south that complies with spacing standards.
The property is within the Hillside Overlay zone of the Physical and Environmental Constraint Overlay
from AMC 18.3.9. There are areas of more than 35% slope along the Scenic Drive right--of-way. At the
time of site development of Parcel 2, it will be demonstrated that the disturbed areas are less than
1,000 square feet in area and less than 20 cubic yards of material are moved.
Parcel 3:
Proposed Parcel 3 is oversized with 39,534.7 square feet of area. This parcel is proposed to have 71.4 -
feet of frontage along Scenic Drive. Parcel 3 has an average width of 18156 -feet. The proposed lot depth
is approximately 220.04 -feet which appears to comply with the requirement that the lot depth exceed
the lot width. This parcel has no development proposals.
AMC 18.4.5. Trees:
There are 40 trees that are six inches in diameter at breast height or greater on the property. The trees
include 12 — 36 -inch DBH Oak trees, 6 — 24 inch DBH Ponderosa Pines. The majority of the trees are
within Proposed Parcel 3. No development is proposed of Parcel 3 due to the numerous development
configurations and therefore there is not a utility plan and tree plan for Parcel 3. The trees on Parcel 3
are protected by the land development ordinance as they exceed six -inches in diameter at breast
height and the trees would require a tree removal permit.
There is a row of six, 12 -inch DBH and greater Oak trees along the frontage of proposed Parcel 2. These
trees are within the frontage and required 20 -foot front yard area. The buildable area that is the
presently concreted, has a low retaining wall barrier. The trees will have a protective fence to prevent
irreparable harm during site work to install utility stub outs.
The Oak trees will all require a tree removal permit at any point that it is warranted with a site
development permit. At that time, their removal will be directly related to proposed development.
18.4.6: Public Facilities:
Scenic Drive along the frontage of the property is classified as a Neighborhood Street. The existing
improvements are less than standards require. There is a five-foot curbside sidewalk along the
frontage of the property. Some of sidewalk is protected with a guardrail along the east side. There are
Page 8 of 12
no landscape park rows and the paved width is less than the standards require. There are no changes
proposed to the existing street improvements. An exception to street standards has been requested.
Public utilities are proposed to be installed to service proposed Parcel 2 as provided in the finding
under 18.5.3.050.G. There are no utility improvements proposed for Parcel 3 as it is not proposed for
development and has various development options that require various levels of infrastructure. That
infrastructure and impacts to trees, driveway spacing and grade, and other levels of development will
depend upon a future partnership. At this time, the preservation of the right to install at a later date
when utility service is determined is requested. This allows for the greatest level of tree preservation
as well.
18.4.8. Solar Setback Standards:
The parent parcel has minimal slope from south to north as determined by the solar ordinance. There
is an approximately a three percent slope to the north. The required minimum lot width for a three
percent slope lot is 72.81 feet wide. The proposed north to south width of the three proposed parcels
exceeds the required minimum width required to comply with the solar setback ordinance.
F. Accesses to individual lots conform to the standards in section 18.4.3.080 Vehicle Area Design. See
also, 18.5.3.060 Additional Preliminary Flag Lot Partition Plat Criteria.
Finding:
Proposed parcels 1 and 2 are shown sharing the existing driveway. Area for vehicular access, parking
and shared back-up area is shown on the tentative plat. The driveway for Parcel 1 is existing and there
is area for two head -in parking spaces and adequate back-up area for two off-street parking spaces for
Parcel 1 to the south of the residence.
It is assumed that a below street grade garage would be constructed on the site taking access from the
driveway and utilizing the shared driveway.
Due to the large stature trees and steep slopes along the frontage, the location of a future driveway for
Parcel 3 has not been selected as driveways are allowed to cross slopes of 35 percent with proper
permitting and review and the removal of any of the trees along the frontage would require a tree
removal permit, determination of the driveway location will be developer driven.
The future driveways and access to the site comply will comply with the standards from AMC
18.4.3.080.C. The proposed driveway accesses from Scenic Drive will be more than 24 -feet from
adjacent driveways.
Page 9 of 12
G. The proposed streets, utilities, and surface water drainage facilities conform to the street design
standards and other requirements in part 18.4, and allow for transitions to existing and potential future
development on adjacent lands. The preliminary plat shall identify all proposed public improvements
and dedications.
Finding:
No new streets are proposed. The existing street improvements to Scenic Drive are pre-existing, non-
conforming. No changes to the public street excepting future driveway and utility service.
The existing curbcut from Scenic Drive serving proposed Parcel 1 is 24 -feet to the north of proposed
Parcel #2 northern property boundary.
There is a 8 -inch waterline in Scenic Drive. The existing water meter for 34 Scenic Drive will be utilized
for the existing residence and a new water meter will be installed within a 10 -foot public utility and
slope easement proposed at the edge of the Scenic Drive public right-of-way. New water service for
Parcel 2 and meter will be installed in accordance with the regulations and standards of the city of
Ashland Water Department.
An easement is proposed along the proposed east property line to provide access from the proposed
Parcel 2 to the existing 8 -inch sanitary sewer main and the 12 -inch storm drain lines that are along the
Northern property line of proposed Parcel 3.
Existing utilities for the residence at 34 Scenic that cross the property to the northwest leading to the
sanitary sewer are proposed to have easement where crossing onto proposed Parcel 3 to get access to
the sewer line on the north side of proposed Parcel 3.
Improvements to Parcel 3 until a development proposal is proposed is requested. This is due to the
fact that the number of meters and service connects is interconnected to the proposed future
development which ranges from one single family residence to 12 -cottage units.
H. Unpaved Streets.
Fines
Scenic Drive is a paved street. This standard does not appear to apply.
I. Where an alley exists adjacent to the partition, access may be required to be provided from the alley
and prohibited from the street.
Finding:
There is not an alley adjacent to the partition area.
Page 10 of 12
J. Required State and Federal permits, as applicable, have been obtained or can reasonably be obtained
prior to development.
Finding:
No state or federal permits are required.
K. A partition plat containing one or more flag lots shall additionally meet the criteria in section
18.5.3.060.
Finding:
A flag lot is not proposed as part of the partition.
Exception to Street Standards
AMC 18.4.6.020 B. Exceptions and Variances. Requests to depart from the requirements of this
chapter are subject to chapter 18.5.5 Variances, except that deviations from section 18.4.6.040 Street
Design Standards are subject to 18.4.6.020.B.1 Exceptions to the Street Design Standards, below.
Finding:
Scenic Drive is a Neighborhood Street. The existing right-of-way of Scenic is 40 -feet. This is less than
the required ROW for a Neighborhood Street. The right-of-way is improved to approximately 25 -feet
including a five-foot curbside sidewalk which is within inches of the east side (subject property) side of
Scenic Drive, a 20 -foot paved driving surface and curb with gutter along the west side of Scenic. There
is an additional approximately 12 -feet of unimproved right-of-way on the west side of Scenic Drive.
An exception to not install standard street improvements is requested.
1. Exception to the Street Design Standards. The approval authority may approve exceptions to the
standards section in 18.4.6.040 Street Design Standards if all of the following circumstances are found
to exist.
a. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a
unique or unusual aspect of the site or proposed use of the site.
Finding:
Though not to standards the proposed partition is not of sufficient vehicular or pedestrian
densities to warrant the dedication of 10 -feet of public right-of-way on the east side of Scenic
Drive to install conforming park row and sidewalk. Standard city improvements would
necessitate removal of the large stature Oak trees present along the frontage of proposed Parcels
1 and 2. The standard city improvements would necessitate a large structural retaining wall along
the east side said improvements because the area behind the existing sidewalk along the right -
Page 11 of 12
of -way already has a retaining wall and a guardrail to prevent pedestrians from falling off of the
sidewalk and onto the property below.
b. The exception will result in equal or superior transportation facilities and connectivity
considering the following factors where applicable.
i. For transit facilities and related improvements, access, wait time, and ride experience.
ii. For bicycle facilities, feeling of safety, duality of experience (i.e., comfort level of
bicycling along the roadway), and frequency of conflicts with vehicle cross traffic.
iii. For pedestrian facilities, feeling of safety, quality of experience (i.e., comfort level of
walking along roadway), and ability to safety and efficiency crossing roadway.
Finding:
The proposal does not propose to make alterations to the right-of-way width due to the steep
slope along the property frontage. There are no proposed modifications to the pedestrian
facilities which are existing and are limited by the right-of-way and topographical constraints.
Additionally, there are large stature trees which prevent widening of the sidewalk.
c. The exception is the minimum necessary to alleviate the difficulty.
Finding_
Dedication of public right-of-way and or removal of sidewalk, installation of street trees,
installation of new sidewalk atop a large retaining wall is not proportional to the requested
partition. The installation of conforming street improvements creates numerous difficulties.
d. The exception is consistent with the Purpose and Intent of the Street Standards in
subsection 18.4.6.040.A.
Finding:
The purpose and intent of the street standards seeks for connected, city streets that have
limited block length and distances to provide safe and accessible public street improvements.
Due to the physical constraints in the form of topography and large statures trees and lack of
connectivity to other public improvements, the exception is consistent with the purpose on
intent.
Page 12 of 12
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The comments of thispre-app arepreliminary in nature and subject to change based upon the submittal of
additional or different information. 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 DEPARTMENT
PRE -APPLICATION CONFERENCE
COMMENT SHEET
December 2, 2020
PLANNING STAFF COMMENTS:
SITE: 34 Scenic
APPLICANT: Larry Gobelman
REQUEST: Land Partition
This pre -application conference is intended to highlight significant issues before the applicant
prepares and submits a formal application.
General: A two lot partition is a very straight forward request. Due to the lack of measurable detail
of the proposed property configuration our remarks will be general in nature. Based on the home site
it appears that the proposed parcel configuration would be wider than it is deep which is non-
conforming. This would either require a variance, or a modified property configuration.
Property lines cannot go through buildings, and all setbacks must be met.
Any proposed demolition of a structure greater than 500 sq. ft. will require a demolition permit from
the building department.
Staff felt strongly that waiting to subdivide the existing home concurrent with future development
offers numerous benefits. These benefits include density calculations and supporting any potential
exceptions. Additionally, by waiting to subdivide the existing home it ensures that you don't
accidentally foreclose on other future opportunities like granting easements for access, etc.
Future Development: Staff would be able to support a future performance standard subdivision.
Density for the R-1-7.5 zone in a performance standard subdivision is 3.6 dwelling units per acre.
1.32 x 3.6 = 4.7. There are many opportunities in the code to increase this density as provided in
AMC 18.3.9.050.B.
Scalable Plans: The plans submitted for the pre -application conference are not to scale. Scalable plans
are required for the application to be deemed complete. The preliminary partition plan should show
all building footprints and provide the required setback distances.
Solar Setback: The application will need to demonstrate that the existing home meets the solar
setback requirement as required in section AMC 18.4.8.040.
Access Easement: The city has been contacted by the adjacent property to the east regarding the
existence of an access easement across their property. They are of the opinion that the easement is not
valid because it was conveyed by Mr. Ferrman in September of 1958 but Mr. Ferrman is believed to
have sold the property in January of that year. The city does not adjudicate private agreements, but if
34 Scenic
December 2, 2020/aa
Page 1
an application is going to rely on that easement to show that future access to the parcel is possible the
application materials should show evidence of the existence and legitimacy of the easement.
Maximum Permitted Floor Area (MPFA): Both the new vacant lot and the one to retain the home
is subject to the MPFA requirements. The existing house is 2485 sq. ft. See AMC 18.2.5.070
A 9,900 sq. ft. lot (.227 ac) would have an MPFA of 9900 x 0.73 * 0.38 = 2746
Neighborhood Outreach: Projects involving changes to established neighborhood patterns can be a
concern for neighbors, and staff always recommends that applicants approach the affected neighbors,
make them aware of the proposal, and try to address any concerns as early in the process as possible.
Notices are sent to neighbors within a 200 -foot radius of the property.
Written Findings/Burden of Proof: Applicants should be aware that written findings addressing the
ordinance and all applicable criteria are required and are heavily depended on when granting approval
for a planning action. In addition, the required plans are explained in writing below. The burden of
proof is on the applicant(s) to ensure that all applicable criteria are addressed in writing and that all
required plans, written findings, and other materials are submitted even if those items were not
discussed in specific, itemized detail during this initial pre -application conference.
Land Partition: The creation of up to three lots from a single parent parcel is allowed through a
partition. The Land Partition process in AMC 18.5.3.050 requires that the following criteria be met
for approval.
AMC 98.5.3.050 PRELIMINARY PLAT CRITERIA
The approval authority shall approve an application for preliminary partition plat approval only
where all of the following criteria are met.
A. The future use for urban purposes of the remainder of the tract will not be impeded.
B. The development of the remainder of any adjoining land or access thereto will not be
impeded.
To satisfy this criterion the application should make clear how vehicular access to the remaining
parcel will be achieved. The logical access point along scenic has a significant vertical change in
grade. Staff has concerns that if this point of access is to be used the required fill may necessitate
the removal of a number of trees.
C. The partition plan conforms to applicable City -adopted neighborhood or district plans, if any,
and any previous land use approvals for the subject area.
There is no City adopted neighborhood or district plan for this area, and there are no previous land
use approval for the subject property.
D. The tract of land has not been partitioned for 12 months.
E. Proposed lots conform to the requirements of the underlying zone, per part 18.2, any
applicable overlay zone requirements, per part 18.3, and any applicable development
standards, per part 98.4 (e.g., parking and access, tree preservation, solar access and
orientation).
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Page 2
F. Accesses to individual lots conform to the standards in section 18.4.3.080 Vehicle Area
Design. See also, 18.5.3.060 Additional Preliminary Flag Lot Partition Criteria.
G. The proposed streets, utilities, and surface water drainage facilities conform to the street
design standards and other requirements in part 18.4, and allow for transitions to existing
and potential future development on adjacent lands. The preliminary plat shall identify all
proposed public improvements and dedications.
Lot Width vs. Depth — the proposed property configuration is wider than it is deep. The application
would either need to request a variance or modify the proposed property configuration.
Tree Protection/Tree Removal: As required in AMC 18.4.5.030, a tree protection plan shall be
approved by the Staff Advisor concurrent with applications for Type 1, Type II, and Type III
planning actions. If the removal of significant trees is proposed, a Tree Removal Permit pursuant to
AMC 18.5.7 is required.
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UNDERLYING ZONE PROVISIONS (18.2.5.030.A.)
ZONING: R-1-7.5, Single Family Residential with a 7,500 square foot minimum lot size.
Minimum lot width is 65 feet. Lot depth 80-150 feet. Lot width shall not exceed lot depth.
OVERLAYS: The property is located in the Skidmore Academy Historic District.
The property is located in the hillside and wildfire lands overlays.
MAXIMUM BUILDING HEIGHT: 30 feet maximum height within the historic districts.
SETBACKS: Eight feet for unenclosed porches, 15 feet for front yards, and 20 feet for front -facing
garages. Six feet for side yards but ten feet for side yards abutting a public street. Ten feet per story
and five feet per half -story for rear yards. In addition, the setbacks must comply with the solar access
requirements.
LOT COVERAGE: A maximum of 45 percent of the lot may be covered with impervious surface.
Please identify on site plan and in text all areas of landscaping, impervious surface, patio space,
outdoor recreational space, etc.
LANDSCAPING REQUIREMENTS: 55 percent of the site must be retained in landscaping, and a
site-, size-, and species- specific landscaping plan is required at time of formal application. The
landscape plan must address any required screening, and include street trees, one per 30 feet of street
frontage where applicable. Avoid using lawn. Provide irrigation system for all landscaped areas.
Landscaping shall be designed so that 50 percent coverage occurs after one year and 90 percent
coverage occurs after five years.
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Page 3
PARKING, ACCESS, AND INTERNAL CIRCULATION: As detailed in 18.4.3.040, two
parking spaces are required for the primary dwelling unit. Parking space dimensional requirements
are a minimum of nine feet by 18 feet, with 22 feet of clear space as a back-up dimension required
directly behind the space.
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 water conservation programs, including any
available appliance rebates or assistance with landscaping and irrigation system requirements, please contact
Water Conservation Specialist Julie Smitherman of Conservation Division at 541-552-2062 or via e-mail to
iulic.smithermangashland.or.us .
ELECTRIC SERVICE: Please contact Dave Tygerson in the Electric Department for service requirements
and connect fee information at (541) 552-2389 or via e-mail to tyaersod@ashland.or.us. Dave 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.
ENGINEERING/PUBLIC WORKS/STREET/STORMWATER: See Public Works comments attached
at the end of this document. 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: See Ashland Fire & Rescue comments attached at the end of this document. Please contact Fire
Marshal Ralph Sartain from the Fire Department for any Fire Department -related information at 541-552-
2229 or via e-mail to ralph.sartainnashland.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 water
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 Steve Walker at 541-552-
2326 or e-mail walkers@ashland.or.us with any questions regarding water utilities.
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Page 4
PROCEDURE
A Land Partition is 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:
http://www.ashland.or.us/Files/Zoning%20Permit%2OApplication.pdf
b. Plans and exhibits required for the specific approvals sought (see below).
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: haps://ashland.munigipal.codes/LandUse
Written Statements
Please provide two copies of a written statements explaining how the application meets the
approval criteria from the sections of the Ashland Municipal Code listed below. These written
statements provide the Staff Advisor or Planning Commission with the basis for approval of the
application:
a Preliminary Partition Plat Criteria: AMC 18.6.3.050
o Exception to Street Standards: AMC 18.4.6.020.6
o Variance (if applicable): AMC 18.5.5.050
o Tree Removal Permit (if applicable): AMC 18.5.7.040
Plans & Exhibits Required
Please provide two sets 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
two copies on paper no larger than 11 -inches by 17 -inches and reproducible copies that are
drawn to a standard architect's or engineer's scale and/or electronic copies formatted to be
printed to scale at 11 -inches by 17 -inches.
o Preliminary Plat Submissions: AMC 18.5.3.040
o Tree Protection Plan: AMC 18.4.5.030
o Tree Removal Permit (if applicable): AMC 18.57.030
o Variance (if applicable): AMC 18.5.5.040
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Page 5
PLANNING APPLICATION FEES:
Land Partition:
Variance (if applicable):
Tree Removal (if applicable):
$1,092 + $72.50 per lot*
$1,092 (Type 1) or $2,190.75 (Type 11)
$0
NOTES:
■ Fees are set to increase based on annual CPI rate in the near future. Applications would be subject
to the fees in effect at the time of application.
■ Applications are accepted on a first come -first served basis.
■ Applications are reviewed for completeness in accordance with ORS 227.178.
■ 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 applicants)
and property owner(s), all required materials and full payment.
For further information lease contact:
December 2, 2020
Aaron Anderson, Assistant Planner Date
City of Ashland, Department of Community Development
Phone: 541-552-2052 or e-mail: aaron.anderson&ashland.or.us
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December 2, 2020/aa
Page 6
FIRE
Pre -Application Comments Date: 11-13-2020
Project Address: 34 Scenic Permit Number: PreApp-2020-00238
Ashland Fire & Rescue Contact: Ralph Sartain 541-552-2229 ralph.sartain@ashland.or.us
Fire department comments are based upon the 2019 Oregon Fire Code as adopted by the Ashland
Municipal Code, and Ashland Land Use Laws:
Reference Description
OFC 505.1 Addressing - New and existing buildings shall have approved address numbers,
building numbers or approved building identification placed in a position that is plainly legible
and visible from the street or road fronting the property. These numbers shall contrast with their
background. Where required by the fire code official, address numbers shall be provided in
additional approved locations to facilitate emergency response. Address numbers shall be Arabic
numbers or alphabetical letters. Numbers shall be a minimum of 4 inches (101.6 man) high with a
minimum stroke width of 0.5 inch (12.7 m). Where access is by means of a private road and the
building cannot be viewed from the public way, a monument, pole or other sign or means shall be
used to identify the structure. Address numbers shall be maintained.
OFC 503.2.8 Fire Apparatus Access Approach -The angle of approach at the point where the
public road transitions to the private fare apparatus access road must meet the City of Ashland
Engineering Department specifications.
OFC 503.2.1 Fire Apparatus Access -Single Residential Lot -If the furthest point on the structure
is greater than 150' from the street, the entire length of the private drive or street must meet fare
apparatus access. Fire apparatus access shall be 15 feet clear width, with the center 12 feet being
constructed of an all-weather driving surface. Fire apparatus access must support 60,000 pounds,
no parking, have a maximum slope of 10 percent, and have vertical clearance of 13' 6". The
required width of a fire apparatus access road shall not be obstructed in any manner, including
parking of vehicles. With the installation of fire sprinklers, 200' of the driveway is allowed to have
an 18 percent slope. Inside turning radius is at least 20 feet and outside turning radius is at least 40
feet and must be indicated on site plans submitted for building permits. Fire apparatus access is
required to be signed as "No Parking -Fire Lane". Final plat needs to indicate that the private drive
is fire apparatus access and must state that it cannot be modified without approval of Ashland Fire
& Rescue.
AMC Fire Apparatus Access -Shared Access Easement -If a fire apparatus access road crosses
onto or over another propeliy owners parcel, an easement must be obtained to provide access for
fire apparatus. Easement language needs to include wording that indicates that the shared access
easement may not be modified, removed, or obstructed in any way without prior written approval
from Ashland Fire and Rescue.
OFC 503. 1.1 Firefighter Access Pathway — An approved footpath around the structure is required
so that all exterior portions of the structure can be reached with the fire hose. Any changes in
elevation greater than two feet in height (such as retaining walls) require stairs. The stairs shall be
an all-weather surface, and meet the requirements as specified in the Oregon Structural Specialty
Code. OFC 503.1.1
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AMC Fire Apparatus Turn Around -An approved fire apparatus turnaround may be required for
this project. Fire apparatus access roads greater than 150 feet in length are required to provide a
fire apparatus turn around. The turnaround must be identified in an approved manner with "No
Parking -Fire Lane" signs and must remain clear at all times. Please refer to the City of Ashland
Minimum Turn -Around Standards diagram to determine which layout works best for your project.
OFC B 105.1 Fire Flow —Fire flow is determined by table B105.1 in Appendix B of the Oregon.
Fire Code. An increase or reduction as referenced by this code section may be required or allowed.
Square footage of a structure for the purpose of determining fire flow includes all areas under the
roof including garages, covered decks, basements and storage areas. A fire flow reduction of up to
75% can be allowed with the installation of a fire sprinkler system.
AMC Fire Hydrant Distance to Structures - Hydrant distance is measured from the hydrant, along
a driving surface, to the approved fire apparatus operating location. Hydrant distance shall not
exceed 300 feet. Hydrant distance can be increased to 600 feet if approved fire sprinkler systems
are installed.
507.5.5 Fire Hydrants Clearance - Hydrants must have 3 feet of clearance extending from
the center nut of the hydrant all the way around. Fences, landscaping and other items may not
obstruct the hydrant from clear view. Hydrants must be shown on site plan when submitting for
building permits.
OFC 503.1.1 Fire Sprinkler System — The installation of a fire sprinkler system may be an
acceptable means to mitigate deficiencies related to other fire requirements such as fire flow, hose
reach, fire lane width, fire apparatus turn -around, distance to fire hydrants, and fire department
work areas.
Fire Sprinkler System — If access to site exceeds 10 % the installation of a residential system will
be required. The installation of a fire sprinkler system may be an acceptable means to mitigate
deficiencies related to other fire requirements such as fire flow, hose reach, fire lane width, fire
apparatus turn -around, distance to fire hydrants, and fire department work areas. OFC 503.1.1
Gates and Fences — Obstructions such as gates, fences, or any other item which would block or
reduce the required fire apparatus access width must be shown on the plans and approved by
Ashland Fire and Rescue.
AMC Wildfire Hazard Areas — On lands designated in the Wildfire Lands Overlay, a "Fuel
Break" as defined in Ashland Municipal Code, section 18.3.10.100 is required.
AMC Wildfire Hazard Areas - All structures shall be constructed or re -roofed with Class B or
better non -wood roof coverings, as determined by the Oregon Structural Specialty Code. No
structure shall be constructed or re -roofed with wooden shingles, shakes, wood -product material
or other combustible roofing material, as defined in the City's building code. AMC 18.3.10.100
AMC Vegetation — existing and intentionally planted vegetation is required to meet AMC
18.3.10.100B(2) General Fuel Modification Area Standards. The Fire Wise landscaping brochure
provides diagrams and examples of how to meet these requirements. www.ashlandfirewise.org.
Contact Ashland Fire & Rescue Forestry Division for a fuel break inspection.
AMC Fire Season — If work will be completed during fire season, check fire season fire
prevention requirements found at www.ashland.or.us/fireseason.
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Page 8
AMC Accessory Residential Units in Wildfire Hazard Areas - Accessory Residential Units on
land zoned RR in the Wildfire Hazard Areas are required to install a residential fire sprinkler
system.
Construction General Information/Requirements
Development shall comply with access and water supply requirements in accordance with the
Oregon Fire Code in affect at the time of development submittal. Fire apparatus access roads are
required to be installed prior to the time of construction. The approved water supply for fire
protection (fire hydrants) is required to be installed prior to construction when combustible
material arrives at the site,
Specific fire protection systems may be required in accordance with the Oregon Fire Code. This
plan review shall not prevent the correction of errors or violations that are found to exist during
construction. This plan review is based on information provided only.
Design and installation shall meet the Oregon requirements of the International Fire, Building,
Mechanical Codes and applicable NFPA Standards.
Final determination of fire hydrant distance, fire flow, and fire apparatus access requirements will
be based upon plans submitted for Building Permit review. Changes from plans submitted with
this application can result in further requirements. Any future construction must meet fire code
requirements in effect at that time. The fire department contact for this project is Fire Marshal
Ralph Sartain. He may be contacted at (541) 552-2229 or ralph.sartain@ashland.or.us.
PUBLIC WORKS: Public Works Conditions of Approval
1. Engineered Plans - Where public improvements are required or proposed, the applicant's
engineer shall submit design plans for approval of all public improvements identified on the
approved plan or as specified in conditions of approval. One set of these civil plans MUST be
submitted DIRECTLY to the Public Works/Engineering Department. All design plans must meet
the City of Ashland Public Works Standards. Engineered construction plans and specifications
shall be reviewed and signed by the Public Works Director, prior to construction. All public
facilities within the development will be designed to the City of Ashland Engineering Design
Standards for Public Improvements. The engineered plans shall also conform to the following:
• If drawings are submitted to the City of Ashland digitally, they shall be true scale PDF
drawings. If AutoCAD drawings are also submitted, they shall be compatible with the AutoCAD
release being used by the City at that time and shall be located and oriented within the Oregon
State Plain Coordinate System (NAD83-89).
• Drawings sizes shall comply with ANSI -defined standards for page width and height.
Review drawings may be submitted in B size (11x17). Bidding and construction documents may
also be printed at B size; however, all final as -constructed drawings must be submitted to scale on
D -size (24x36) Mylar. Digital files of the as -constructed drawings shall also be submitted.
Drawings shall be drawn such that reduction of plans from full size (D sized) to half size (B sized)
can be done to maintain a true scale on the half -sized plans.
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Page 9
2. Street Improvement — No additional street improvements, beyond those necessary to
comply with City Street Standards, will be required at this time.
3. Right of Way — No additional right of way dedication, beyond that necessary to comply
with City Street Standards, will be required at this time.
4. Sanitary Sewer - The property is currently served by an 8 -in sanitary sewer main along the
northerly property line. The applicant proposed improvements must be reviewed, approved and
permitted by the City of Ashland Engineering Department.
5. Water - The property is currently served by an 8 -in water main in Scenic Drive. City of
Ashland Water Department shall tap existing water main and install any new water services and
water meter boxes that are proposed by development. City of Ashland Water Department must be
contacted for availability, placement and costs associated with the installation of the new water
service. Service & Connection Fees will also be required for any new water services installed as
part of this project.
6. Storm Drainage - The property is currently served by a 12 -in storm sewer main along he
northerly property line. City of Ashland Engineering Department must review an engineered
storm drainage plan.
Storm Water Facility Design Requirements
All development or redevelopment that will create or replace 2,500 square feet or more of
impervious surface (buildings, roads, parking lots, etc.) area that discharges to an MS4 (municipal
separate storm sewer systems), must comply with the requirements of the DEQ MS4 General
Permit phase 2. Applicant MUST follow the guidance and requirements set forth in the current
Rogue Valley Stormwater Quality Design Manual which can be found at the following website:
https://www.rvss.us/pilot.asp?pg=StonnwaterDesignManual
All stormwater calculations, reports, drawings, etc. shall be submitted to the City of Ashland
Engineering Department for review.
7. Erosion & Sediment Control - The following requirements shall be met:
• All ground disturbances exceeding 1,000 square feet shall implement an Erosion and
Sediment Control Plan (SSCP).
• A 1200-C permit will be secured by the developer where required under the rules of the
Oregon State DEQ. City of Ashland Engineering Department must receive a copy of this permit
before any construction shall begin.
• Erosion Prevention and Sediment control measures that meet the minimum standards set
forth by the City of Ashland Public Works/Engineering Standard Drawing CD282 must be in place
before any construction related to the project begins.
• Pollution, track out, and sediment dumping into storm water are strictly prohibited per
AMC 9.08.060.
• Drainage from automotive use areas shall be limited to oil concentrations of 10 mg/l by a
pre -approved means.
• Trash storage areas shall be covered or provide additional storm water treatment by an
approved means.
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Page 10
• Off street parking areas shall conform to Ashland Municipal Code 18.4.3.080.B.5,
including provisions to minimize adverse environmental and microchmatic impacts.
8. Driveway Access --- No additional improvements/requirements will be requested at this
time, but the applicant proposed improvements must be reviewed and permitted by the City of
Ashland Engineering Department.
9. Permits — Any construction or closure within the public right of way will require a Public
Works permit and before any work in the right of way commences all necessary permits MUST
be obtained
10. As-Builts - Where public improvements are required or completed, the developer shall
submit to the City of Ashland, reproducible as -built drawings and an electronic file of all public
improvements constructed during and in conjunction with this project. Field changes made during
construction shall be drafted to the drawings in the same manner as the original plans with clear
indication of all modifications (strike out old with new added beside). As -built drawings shall be
submitted prior to final acceptance of the construction, initiating the one-year maintenance period.
11. Addresses — Any new addresses must be assigned by City of Ashland Engineering
Department.
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Page 11
CIT Y O F Planning Division
ASHLAND 51 winbwn Way, Ashland, OR PRE -APPLICATION CONFERENCE APPLICATION
97520
Project Description
Name 40 j >A 4 0 Phone
Address
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City jk!q 14 Zip
PROPERTY OWNER J e y ed- Sri- n r `r r
Name elYV7Day Time Phone _ " Ig C'r
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DESCRIPTION OF PROPERTY 132- e -ir6e I
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SUBMITTAL REQUIREMENTS
To request a pre -application conference, submit this form with two sets of scalable plans, one large format 24"x36" and
one no larger than 11" x17". Include the following information Dius your submittal fee of S 142.25 (check, Visa,
MasterCard or cash accepted):
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)
3. Site Plan —The site plan should contain all applicable elements in the Site Plan Checklist (see reverse) 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.101-bedroom, 25 2 -bedroom, etc)
b) Office Spaces
c) Retail Units
d) Other Spaces
5) Percentage of lot coverage by:
a) Sttuctures 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. LEEDO Certification —Indicate whether project will be pursuing LEE DO certification.
6. Submittal Fee
Pg.3 of 6
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PRE -APPLICATION SITE PIAN CHECKLIST
PRE -APPLICATION BUILDING INFORMATION
Please attempt to indicate the following (Note: if information is not known please leave blank)
1.
YES
NO
NIA
1.
Project Name
b) Business = Less than 50 occupants (e.g., Professional Service Office, Barber and Beauty
2.
Owner Name
etc.
c) Educational (e.g., Schools K -121h Grade, Religious Educational Rooms and Auditoriums, Day
3.
Site Address and Map & Taxlot Number
d) Factory (e.g., F- Occupancy's include, among others, the use of a building or structure or
4.
Vicinity Map - with street names and locations of all existing and proposed
streets within or on the boundary of the proposed development
repair or processing operations that are not classified as Group H -Hazardous or Group S -Storage
Occupancy's)
5.
Scale & North Arrow
6.
Lot Layout with approximate dimensions for all lot lines
7.
Zoninq Designations in proposed development and suppounding ppopepties
8.
Location & Use of all proposed and existing building, fences and structures
9.
Indicate which buildings are to remain and which are to be removed
10.
Location of all landscaped areas. Indicate existing Irees, size, species, and
approximate drip line outer branch location). Identify trees to be removed.
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 hire hydrant.
12.
Locations of drainage ways or public utility easements in and adjacent to
roposed development.
13.
Location, size and use of all contemplated and existing public areas
14.
Approximate topography (sloe of the site
15.
Location of all parking areas and individual and handicap parking spaces,
ingress and egress on the site and on-site circulation
16.
Use designation for the areas not covered by buildings (e.g. loading, storage,
vacant, open space, etc.
17.
Elevations of the building(s)
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 siding, windows, trim and roofing)
PRE -APPLICATION BUILDING INFORMATION
Please attempt to indicate the following (Note: if information is not known please leave blank)
1.
Current Building Occupancy Tye select one):
a) Assembly = More than 50 occupants (e.g., Theaters, Restaurants, Nightclubs, Taverns and Bars,
Community Halls, Art Galleries, Places of Worship, Arenas, Bleacher's, etc.
b) Business = Less than 50 occupants (e.g., Professional Service Office, Barber and Beauty
Salons, Training and Skill Development not within a school or academic program, Bank, Print Shop,
etc.
c) Educational (e.g., Schools K -121h Grade, Religious Educational Rooms and Auditoriums, Day
Care f=acilities
d) Factory (e.g., 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)
PgA 016
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Pg.5 at B
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e) High Hazard (e.g., 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
Ore on Structural Specialty Code.
Q Institutional (e.g., l -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 IV. 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.
g) Mercantile (e.g., Department Stores, Drug Stores, Markets, Motor Fuel -Dispensing Facilities,
Retail or Wholesale Stores, Sales Rooms.
h) Residential (e.g., Single Family Residence, Hotels, Motels, Apartment Houses, Vacation Time
Shares, Congregate Living Facilities (more than 16 occupants), Assisted Living Facilities (with or
without a Memory Care Endorsement), Residential Treatment Facilities etc.
2.
Is a Change of Occupancy being requested? If yes, please indicate the proposed Occupancy Type:
Sample Occu anc T es iven above
a Assembly a High Hazard
b Business Q Institutional
c Educational Mercantile
d Facto h Residential
3.
If Residential please Indicate which type select one):
a) R-1 Occupancy (e.g., Hotels (transient), Motels (transient), Boarding Houses (tpansient) with more
than 10 occupants)
b) R-2 Occupancy (e.g., Apartment Houses, Congregate Living Facilities (nontransient) with more
than 16 occupants, Dormitories, Hotels (nontransient), Motels (nontransient), Vacation Time Share
Properties, Boarding Houses nontransient with more than 16 occupants etc,
c) R-3 Occupancy (e.g., Detached One and 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 ORS
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 (nontransient), Child Care Facilities that provide accommodations for sic or fewer
persons of any age for less than 24 hrs., Congregate Living Facilities (nontransient) with 16 or fewer
occupants, Lodging Houses etc.
d) R-4 Occupancy (e.g., 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.
Pg.5 at B
G.twan-deV91annfioWns8HanduutdP7a*plcatlontrdmalionSheet SuhmrilalRaqutemems FY2p77.18
4. Type of Building Construction: (e.g., Types I and II constpuction ape those types of construcgon in
which the building elements rsted in Table 601 of the Oregon Sbuctural Specialty Code are of
noncombustible mateNals. Type III construcfiDn is that type of construcHan in which the exterior walls
are of noncombustible materials and the intedop building elements are of any material pemmhted by
the Opegon Structural Specialty Code. Type IV Construction
(Heavy Timber} is that type of
Consiruction In which the exterior walls are of noncombustible materials and the hlteitr building
elements ape of solid or laminated wood without concealed spaces. Type V Con*ucfion is that type
Of construction in which the stiuctwal elements, exteriop walls and Intedop wags ape of any materials
erne ted by the Ore on SipucturaI Speciagy Code.
a Type tIV
b T ellEEEE A-dT
c Type III
5. Is the building equipped op ppoposed to be equipped with a Fire Protection System (e.g., F-Ire
S inWers op Fire Alarms
a Yes b) No
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 AshWW Land Use Gude can be
€ nnfi nnrna -at.�nane, n..�,i�,,.� .,.......---�- --- .
Tax Lots: SCENIC DR
Taxlot: 7300 391EOSAD
Situs Address: 34 SCENIC DR
391E08AD
Account: 10060460
Owner: STAHMANN JOYCE ET AL
Owner Address:
34 SCENIC DR
ASHLAND, OR 97520
Acreage: 1.32
Improved Value: 152,590
Land Value: 706,360
Year Built: 1953
Narrative for Pre -Application for 34 Scenic Drive
This home was initially built in 1953 with subsequent additions adding a second story and north
and south wings in the late 1960's and early 1970's. The 2,500 square foot home sits on a 1.32 -
acre parcel that the owners plan to partition into approximately ,20 acres and then sell.
1. The home is located about 20 feet from Scenic Drive about midway on the west side of
the lot (see Figures 1 and 2). The roadway entering the property currently is used to
access the entire lot as the adjacent neighbors have blocked the easement from Granite
Street to the property, and this access is thus in dispute with these neighbors. At least
some possible future building, with or without the Granite Street access, will likely have
to use the Scenic Drive roadway.
2. The footprint of the home is approximately 50'x 30'. Parking will extend 20-25' to the
South of the home, located near the front door (see Figure 3).
3. The garage, workshop and sheds located south of the home will either be leased to the
new owner of the home if desired, but will likely be demolished at some point (see
Figure 4}.
4. The east side boundary of the proposed partition will extend 40-50' to a retaining wall
(see Figure 51
5. The north boundary will extend ten feet (see Figure 6).
6. There is a small patch of grass, some small trees, some bushes and a large tree on the
proposed partition.
7. The home, if the partition is approved, will be sold as a single=family home.
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City of Ashland
Community Development Department
51 Winburn Way
Ashland, OR 97520
Telephone: 541-488-5305
Inspection Line: 541-552-2080
Plan Type: Pre -Application Review
Work Class: Pre -Application Review
t�E�1Nl� I�Ullill�l
PREAPP-2020-00238
,Apply Date: 11/2/2020
391E08AD7300 34 Scenic Dr
Owner: Joyce/Larry Stahmann/Gobelman
Owner 35 Scenic Dr
Address: Ashland, OR 97520
Phone: (530) 859-1859
Applicant: JoycelLarry Stahmann/Gobelman
Applicant 35 Scenic Dr
Address: Ashland, OR 97520
Phone: (530) 859-1859
I Pre -arm scheduled for 1212/2020 MPM. MLP I
Fee Description: Amount:
Pre -Application Fee $142.25
Applicant:
Date:
MMM$142.25