HomeMy WebLinkAboutOhio_147-149_PA-T1-2024-00249November 4, 2024
Notice of Final Decision
On November 1, 2024, the Community Development Director approved the request for the following:
Planning Action: PA -T1-2024-00249
Subject Property: 147-149 Ohio
Applicant: Derek SherelllRogue Planning & Development
Description: A request for a Middle Housing Land Division for the property at 147 & 149
Ohio Street. A Middle Housing Land Division is an expedited land division which allows a proposed
duplex on the subject property to be divided into two separate lots. A duplex is an outright permitted use
in this zone. The request here is limited to dividing the property into two lots. As proposed, Lot 1 will
contain the existing single-family house, and Lot 2 will contain a detached 740 square foot unit.
COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5;
ASSESSOR'S MAP #: 391E04CB; TAX LOT: 4700
The Community Development Director's decision becomes final and is effective on the 14" day after
the Notice of Final Decision is mailed. Approval is valid for a period of three years, 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, the applicant or anyone who submitted written comments during the
initial 14 -day comment period may file an appeal as provided in Ashland Land Use Ordinance (ALUO)
section 18.5.1.075.A.6.. The ALUO section covering appeal procedures is attached. Appeals are to a
hearings officer, and any requested judicial review of the hearings officer's decision would be directed
to the Court of Appeals as provided in ORS 197.850-.855.
If you have any questions regarding this decision, please contact Veronica Allen in the Community
Development Department at {541) 488-5305.
cc: Parties of record and property owners within 100 ft
COMMUNITY DEVELOPMENT DEPARTMENT
51 Winburn Way Tel: 541.488.5305
Ashland, Oregon 97520 Fax: 541.552.2050
ashland_or.us TTY: 800.735.2900
ASHLAND PLANNING DEPARTMENT
FINDINGS & ORDERS
PLANNING ACTION: PA -T1 -2024-00249
SUBJECT PROPERTY: 147 Ohio Street
OWNER/APPLICANT: Derek Sherell/Rogue Planning & Development
DESCRIPTION: A request for a Middle Housing Land Division (MHLD) for the property
at 147 Ohio Street. A Middle Housing Land Division is an expedited land division which allows a
proposed duplex on the subject property to be divided into two separate lots.
COMPREHENSIVE PLAN DESIGNATION: Single -Family Residential; ZONING: R-1-5;
ASSESSOR'S MAP #: 391E04CB; TAX LOT #: 4700
SUBMITTAL DATE:
October 2, 2024
DEEMED COMPLETE DATE:
October 17, 2024
STAFF APPROVAL DATE:
November 1, 2024
DEADLINE TO APPEAL (4:30 p.m.):
November 18, 2024
FINAL DECISION DATE:
November 19, 2024
APPROVAL EXPIRATION DATE:
November 19, 2027
DECISION
The proposal is for a Middle Housing Land Division (MHLD) for the property at 147 Ohio Street. An
MHLD is an expedited land division which allows a proposed duplex on the subject property to be divided
into two separate lots through provisions recently put forth by the state of Oregon. An MHLD is not a
land use action or a limited land use action. A duplex is an outright permitted use in this zone and does
not require land use approval. The request here is limited to dividing the property into two "middle
housing" lots. As proposed, Lot 1 will contain the existing house, and Lot 2 will contain the detached 740
square foot duplex unit. The type of middle housing developed on the parent parcel is not altered by
a middle housing land division, and newly created middle housing lots are created within the legal parent
lot solely for the purpose of providing ownership opportunities. These new middle housing lots are not
granted additional development rights and must be maintained to meet the criteria applicable to the "parent
lot" (height, lot coverage, open space, etc.). A duplex divided into two middle housing lots is still
considered part of the original duplex and subject to all conditions of the original duplex approval, and
neither of the proposed lots would have the ability to develop second dwelling units.
Subject Property
147 Ohio Street is a 0.15 -acre rectangular lot on the north side of Ohio Street between North Laurel Street
and Helman Street. The subject property and all of those in the immediate vicinity are zoned R-1-5, a
single-family residential zoning. The property's frontage is fully improved with paving, curbs, gutters,
park row planting strips and sidewalks in place.
Middle Housing Land Division
In staff's assessment, the application complies with each of the requirements for a middle housing land
division (MHLD). This application for an MHLD is being made subsequent to receiving approval of a
building permit to convert the existing ADU to a duplex on the subject property. Building permits
PA -T1-2024-00249
147 Ohio St MHI.D / VA
Page I
submittals provided by the applicant demonstrate that the proposed duplex complies with applicable
building codes provisions relating to new property lines and with the Oregon Residential Specialty Code.
With the proposed MHLD, each resulting middle housing lot will contain one middle housing dwelling
unit. Each lot will be served by its own separate utilities. No common area is proposed, and access will be
individually provided to the lots.
Subsequent to the mailing of a Notice of Complete Application (HOCA), no public comments were
received.
The approval criteria for preliminary plat under the Middle Housing Land Division provisions of
AMC 18.5.3.140.C.1 are as follows:
a. The parent parcel is developed with middle housing allowed under ORS 19�or the
application for a middle housing land division is being made concurrently with a building permit
application for construction of middle housing under ORS 9. irb8 3 on the parcel.
b. Each resulting middle housing lot or parcel shall contain no more than one middle housing dwelling
unit except for lots, parcels, or tracts proposed as common area.
C. Accessory residential units (ARU) are not permitted on middle housing lots or parcels created under
this section.
d. Each lot is served with its own separate utilities.
e. All easements necessary for each middle housing dwelling unit shall be identified on the plat.
Easements shall be provided to ensure:
L Provision of and access for maintenance and replacement of all utilities.
ii Pedestrian access from each dwelling unit to a public or private street.
iii. All dedicated driveways, parking, common use areas or shared building elements and
dedicated common areas can be accessed and used.
f. Evidence submitted by the applicant demonstrates how buildings or structures on the resulting lots
or parcels will comply with applicable building codes provisions relating to new property lines and,
notwithstanding the creation of new lots or parcels, how structures or buildings located on the newly
created lots or parcels will comply with the Oregon Residential Specialty Code.
In staff's assessment, the application with the attached conditions complies with all applicable ordinances
and meets all required criteria. Planning Action #PA -T1-2024-00249 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 -T1-2024-00249 is denied. The following are the conditions, and
they are attached to the approval:
1. That all proposals of the applicant be conditions of approval unless otherwise modified here.
2. That the final survey plat shall include a clear notation that the approval is for a Middle Housing
Land Division. Lots created through Middle Housing Land Divisions are not permitted to be
further divided, and Accessory Residential Units (ARU's) are not permitted on Middle Housing
PA -T1-2024-00249
147 Ohio St MHLD / VA
Page 2
Land Division lots. Concurrently with recording of the plat, the applicant shall also record a
"Notice of Middle Housing Land Division" for each middle housing lot which states:
a. That the middle housing lot may not be further divided.
b. That no more than one unit of middle housing may be developed on each middle
housing lot.
c. That the dwelling developed on the middle housing lot is a unit of middle housing and is
not a single attached or detached dwelling, or any other housing type.
3. Each lot shall be served with its own separate utilities prior to the issuance of a final certificate of
occupancy.
4. All easements necessary for each middle housing dwelling unit shall be identified on the Middle
Housing Land Division plat to ensure there are provisions for the installation, maintenance and
replacement of utilities; pedestrian access for each dwelling unit to a public or private street; and
any necessary shared access easements.
f
Derek Severson, Planning Manager
Department of Community Development
November 1 2024
Date
PA -T'1-2024-00249
147 Ohio St MHLD / VA
Page 3
AFFIDAVIT OF MAILING
STATE OF OREGON
County of Jackson
The undersigned being first duly sworn states that:
1. I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On November 4, 2024 1 caused to be mailed, by regular mail, in a
sealed envelope with postage fully prepaid, a copy of the attached planning action
notice to each person listed on the attached mailing list at such addresses as set
forth on this list under each person's name for Planning Action #PA -T1-2024-
00249, 1471149 Ohio Street.
MichaeBuffivan
Signature of Employee
G:Ycomm-devlplanningPlanning ACBonslFAs by Streei1010h€D1Oh'a_14-AOh€D_147_149_PA-T1-2024-00249Voficing1NOD10hio_147 149_PA-T1-2024-00249_ NOD_ AffidaVd of Mailing.docx 1114!2024
� X731,5 � ianN arlecje� aj a�slp}(j
i sIpge6ie3/Clane a zallV
PA -T1-2024-00249 391 E04CB3100 PA -T1-2024-00249 391 E04CC10700
CASSADY CHARLOTTEITEHERANI-AM COTA NATALIA ET AL
1037 NE 65TH ST 140 OHIO ST
SEATTLE, WA 98115 ASHLAND, OR 97520
PA -T1-2024-00249 391 E04CB3201
FITCH FAMILY PROPERTIES LLC
7525 ADAMS RD
TALENT, OR 97540
PA -T1-2024-00249 391 E04CB4701
HOKE ELIZABETH ET AL
127 WOOD RD
N MIDDLESEX, VT 5682
PA -T1-2024-00249 391 E04CB4800
NIMICK MARY ANNE M ET AL
136 CAMINO DE LAS COLINAS
REDONDO BEACH, CA 90277
PA -T1-2024-00249
ROGUE PLANNING & DEVELOPMENT
1314-B CENTER DR, PMB#457
MEDFORD, OR 97501
PA -T1-2024-00249 391 E04CB5600
HAIM JAMES B TRUSTEE ET AL
865 BLAINE ST
ASHLAND, OR 97520
PA -T1-2024-00249 391 E04CB5500
LARSON BERIT ASTRID REV LIVIN
176 ORANGE AVE
ASHLAND, OR 97520
PA -T1-2024-00249 391E04CB4900
O`CONNOR PAUL V
2837 HERKIMER ST
LOS ANGELES, CA 90039
E
PA -T1-2024-00249 391E04CC10800
SHARP DAVID A ET AL
1145 MANDANA BLVD
OAKLAND, CA 94610
i
PA -T1-2024-00249
DEREK SHERRELL
114 S. FRONT ST - B
TALENT, OR 97540
PA -T1-2024-00249 391 E04CB5501
HEIN ADRIENNE ET AL
160 ORANGE AVE
ASHLAND, OR 97520
PA -T1-2024-00249
LJ FRIAR & ASSOCIATES
PO BOX 1947
PHOENIX, OR 97535
PA -T1-2024-00249 391E04CB3200
RAGLAND TODD/MATAYOSHI SATOKO
154 OHIO ST
ASHLAND, OR 97520
PA -T1-2024-00249 391 E04CB4700
SHERRELL DEREK
114 S FRONT ST B
TALENT, OR 97540
PA -Tl -2024-00249391E04CB5700 PA-T1-2024-00249391E04CB4600
STOUT ASHA A ; WAXMAN MICHAEL S & CURRAN MAR :147/149 Ohia NOD
103 LA JOYA RD 1827 BAIRA DR 111/04//04/24
SANTA FE, NM 87501 EL CERRITO, CA 94530 17
i ; a6gg dr9 clod asodxa o� auq fnfoje puag
t slage l ssaJPPV ,I9z)d-/(se6 .
�.
�
{`����1
,r
Michael Sullivan
From: HOROWITZ Micah<Micah.HOROWITZ@odot.oregon.gov> on behalf of ODOT Region
3 Development Review <R3DevRev@odot.oregon.gov>
Sent: Friday, October 18, 2024 2:51 PM
To: Michael Sullivan
Cc: APPLING Beau; BROOKS Aaron G; SCHAUFFLER Lucas D; WANG Wei
Subject: RE: Middle Housing Land Division NOC - 147 Ohio Street
[EXTERNAL SENDER]
Hi Michael,
ODOT does not have comments on this proposal based on our evaluation criteria. Thankyou for providingthe
opportunity to review this land use action.
Best regards,
Micah
Micah Horowitz I Development Review Planner
ODOT Region 3 I Southwest Oregon (Coos, Curry, Douglas, Jackson & Josephine Counties)
c: 541.603.8431 Ie: mica_h__horowitz@�odot.or_egon_.gou
From: Michael Sullivan<michael.sullivan@ashland.or.us>
Sent: Thursday, October 17, 2024 11.:04 AM
To: Aaron Anderson <aaron.anderson@ashland.or.us>; April Lucas <apriI.lucas@ashland.or.us>; APPLING Beau
<Beau.APPLING@odot.oregon.gov>; Bill Miller <bill.miller@ashland.or.us>; Brandon Goldman
<brandon.goldman@ashiand.or.us>; Brian Hendrix <brian.hendrix@ashiand.or.us>; Dan Cunningham
<dan.cunningham@ashland.or.us>; Derek Severson <derek.severson@ashland.or.us>; Emily Matlock
<emily.matlock@ashland.or.us>; Gary Blake <GBlake@recology.com>; Heath Myers <heath.myers@ashland.or.us>;
Jason Minica <jason.minica@ashland.or.us>; Jennifer Chenoweth<]ennifer.chenoweth@ashland.or.us>; John McDonald
<john.mcdonald@odot.state.or.us>; Karl Johnson <karl.johnson@ashland.or.us>; Kendall Escuin
<kendall.escuin@ashland.or.us>; Lisa Evans <lisa.evans@ashland.or.us>; Mark Shay <mark.shay@ashland.or.us>;
Michael Morrison <michael.morrison@ashland.or.us>; Michael Sullivan<michael.sullivan@ashiand.or.us>; ODOT Region
3 Development Review <R3DevRev@odot.oregon.gov>; p.townsend@rvtd.org; Parks Information
<parksinfo@ashland.or.us>; Peter Baughman <peter.baughman@ashiand.or.us>; Rachel Dials
<rachel.dials@ashland.or.us>; Regan Trapp <Regan.Trapp@ashland.or.us>; Rick Barton <rick.barton@ashland.or.us>;
Rocky Houston <rocky.houston@ashland.or.us>; Ryan MacLaren *ODOT <Rmaclaren@rvcog.org>; Sean Eisma
<seisma@rvtd.org>; Steven Matiaco <steven.matiaco@ashland.or.us>; Thomas McBartlett 111
<thomas.mcbartiett@ashland.or.us>; tid@talentid.org; Veronica Allen <veronica.allen@ashland.or.us>; WANG Wei
<Wei.WANG@odot.oregon.gov>
Subject: Middle Housing Land Division NOC - 147 Ohio Street
This message was sent from outside the organization. Treat attachments, links and requests with caution. Be conscious of the information you
share if you respond.
Good morning,
Please see the attached Notice of Complete Application for a Middle Housing Land Division at 147 Ohio Street.
Recent state guidelines regarding Middle -Housing Land Divisions require that various governmental agencies or
special districts responsible for providing public facilities or services are entitled to notice when such an
application is received.
Thank you,
Michael Sullivan
Executive Assistant
Pronouns he, him
'Was 14
f`
City of Ashland
Community Development Department
51 Winburn Way, Ashland, Oregon 97520
541.552.2072 1 TTY 800.735.2900
Michaelsullivan�ashiandcare.�o., n:.gov
This email transmission is official business of the City of Ashland and it is subject to Oregon Public Records Lawlor disclosure and
retention. 1f you have received this message in error, please contact me at (541) 552-2072. Thank you.
- "ww L A 1 N&_ w
NOTICE OF APPLICATION
PLANNING ACTION: PA -T1-2024-00249
SUBJECT PROPERTY: 147-149 Ohio
OWNER/APPLICANT: Derek Sherell/Rogue Planning & Development
DESCRIPTION: A request for a Middle Housing Land Division for the property at 147 & 149 Ohio Street, A
Middle Housing Land Division is an expedited land division which allows a proposed duplex on the subject property
to be divided into two separate lots. A duplex is an outright permitted use in this zone. The request here is limited
to dividing the property into two lots. As proposed, Lot 1 will contain the existing single-family house, and Lot 2 will
contain a detached 740 square foot unit. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential;
ZONING: R-1-5; ASSESSOR'S MAP : 391E04CB; TAX LOT: 4700
NOTICE OF COMPLETE APPLICATION: October 17, 2024
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: October 31, 2024
COMMUNITY DEVELOPMENT DEPARTMENT
51 Winburn Way Tel: 541.488.5305
Ashland, Oregon 97520 Fax. 541.552.2050 awy%l
ashland.cr.us TTY: 800735.2900
ASI-4LANIE")
The Ashland Planning Division has received a complete application for the property noted on Page 1 of
this notice.
A copy of the application, including all documents, evidence and applicable criteria are available online
at "What's Happening in my City" at https:/Iqis.ashiand.or.us/developmentproposals/. Copies of
application materials will be provided at reasonable cost, if requested. Application materials may be
requested to be reviewed in-person at the Ashland Community Development & Engineering Services
Building, 51 Winburn Way, via a pre -arranged appointment by calling (541) 488-5305 or emailing
planning_cx.ashlan,d.or.us. Office hours are 9:00 a.m. to 3:00 p.m., Monday through Friday.
Any affected property owner or resident has a right to submit written comments within the 14 -day
comment period to planning (cbashland. or.us or to the City of Ashland Planning Division, 51 Winburn
Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown on Page 1.
Ashland Planning Division Staff determine if an MHLD land use application is complete within 21 days
of submittal. Upon determination of completeness, a notice is sent to surrounding properties within 100
feet of the property submitting the application. Within 63 days of receiving a complete application, the
Planning Division Staff shall make a final decision on the application based on whether the application
satisfies the substantive requirements of AMC 18.5.3.140.C. and mail notice of the decision. An appeal
to the City of Ashland's Hearings Officer of the Planning Division staff decision must be made in writing
to the Ashland Planning Division within 14 days from the date of the mailing of final decision, and must
include a $300 deposit toward the cost of an appeal hearing. (AMC 18.5.1.075.A.6)
The ordinance criteria applicable to this application are attached to this notice. Issues that may provide
the basis for an appeal to the Hearings Officer must be raised in writing prior to the expiration of the
comment period. Issues must be raised with sufficient specificity to enable the decision maker to
respond to the issue.
If you have questions or comments concerning this request, please feel free to contact Veronica Allen
at 541-552-2042 or veronica.allen ashland.or.us
In compliance with the American with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the City Administrator's office at 541.488-6002 (TTY phone number 1-800-735-
2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements
to ensure accessibility to the meeting. (28 CFR 35.102.-35.104 ADA Title 1).
COMMUNITY DEVELOPMENT DEPARTMENT
51 Winburn Way Tel: 541.488.5305
Ashland, Oregon 97520 Fax: 511.552.2050 Inr
ashlartd.or.LLS_ TTY: 800.735.2900
CITY CSF
ASHLAND
AMC 18.5.3.140.C.1 Middle Housing Land Divisions Preliminary Plat Approval Process.
Approval Criteria. The Staff Advisor shall approve a middle Dousing land division preliminary plat upon finding:
a. The parent parcel is developed with middle housing allowed under ORS 197.75$ 3 or the application for a middle
housing land division is being made concurrently with a building permit application for construction of middle
housing under ORS 197.758 3 on the parcel.
b. Each resulting middle housing lot or parcel shall contain no more than one middle housing dwelling unit except for
lots, parcels, or tracts proposed as common area.
Accessory residential units (ARU) are not permitted on middle housing lots or parcels created under this section.
Each lot is served with its own separate utilities.
e. All easements necessary for each middle housing dwelling unit shall be identified on the plat. Easements shall be
provided to ensure:
i. Provision of and access for maintenance and replacement of all utilities;
ii. Pedestrian access from each dwelling unit to a public or private street;
iii. All dedicated driveways, parking, common use areas or shared building elements and dedicated common
areas can be accessed and used.
Evidence submitted by the applicant demonstrates how buildings or structures on the resulting lots or parcels will
comply with applicable building codes provisions relating to new property lines and, notwithstanding the creation of
new lots or parcels, how structures or buildings located on the newly created lots or parcels will comply with the
Oregon Residential Specialty Code.
COMMUNITY DEVELOPMENT DEPARTMENT
51 Winburn Way Tel: 541.488.5305
Ashland, Oregon 97520 fax: 541.552.2050 aqy�a
ashland.or.usg TTY: 800.735.2900
AFFIDAVIT OF MAILING
STATE OF OREGON
County of Jackson
The undersigned being first duly sworn states that:
1. I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On October 17, 20241 caused to be mailed, by regular mail, in a
sealed envelope with postage fully prepaid, a copy of the attached planning action
notice to each person listed on the attached mailing list at such addresses as set
forth on this list under each person's name for Planning Action #PA -T1-2024-
00249, 1471149 Ohio Street.
'AlichaeCSuCEiyan.
Signature of Employee
Wcomm-dev4nlanningTlanning AdtionsWs by Street\OlOhiolOhio_14710hio_147_149 PATI-2024-0024MoticinglOhio_147_149_PA-T1-2024-00249_NOC_ Afidavil of Maiiing.dou 10117024
PA -T1-2024-00249 391E04CB3100 PA -T1-2024-00249 391E04CC10700
CASSADY C HARLOTTEITEHE RAN I -AM COTA NATALIA ET AL
1037 NE 65TH ST 140 OHIO ST
SEATTLE, WA 98115 ASHLAND, OR 97520
PA -T1-2024-00249 391 E04CB3201
FITCH FAMILY PROPERTIES LLC
7525 ADAMS RD
TALENT, OR 97540
PA -T1-2024-00249 391E04CB4701
HOKE ELIZABETH ET AL
127 WOOD RD
N MIDDLESEX, VT 5682
PA -T1-2024-00249 391E04CB4800
MIMICK MARY ANNE M ET AL
136 CAMINO DE LAS COLINAS
REDONDO BEACH, CA 90277
PA -T1-2024-00249
ROGUE PLANNING & DEVELOPMENT
1314-B CENTER DR, PMB#457
MEDFORD, OR 97501
PA -T1-2024-00249 391 E04CB5700
STOUT ASHA A
103 LA JOYA RD
SANTA FE, NM 87501
PA -T1-2024-00249 391 E04CB5600
HAIM JAMES B TRUSTEE ET AL
865 BLAINE ST
ASHLAND, OR 97520
PA -T1-2024-00249 391 E04CB5500
LARSON BERIT ASTRID REV LIVIN
376 ORANGE AVE
ASHLAND, OR 97520
PA -T1-2024-00249 391 E04CB4900
O'CONNOR PAUL V
2837 HERKIMER ST
LOS ANGELES, CA 90039
PA -T1-2024-00249 391E04CC10800
SHARP DAVID A ET AL
1145 MANDANA BLVD
OAKLAND, CA 94610
'G6 to averyxom templates 3'
Use Avery Template 5164 1
PA -T1-2024-00249
DEREK SHERRELL
j 114 S. FRONT ST - B
TALENT, OR 97540
PA -T1-2024-00249 391 E04CB5501
HEIN ADRIENNE ET AL
160 ORANGE AVE
ASHLAND, OR 97520
PA -T1-2024-00249
LJ FRIAR & ASSOCIATES
PO BOX 1947
PHOENIX, OR 97535
PA -T1-2024-00249 391 E04CB3200
i RAGLAND TODD/MATAYOSHI SATOKO
1 154 OHIO ST
'ASHLAND, OR 97520
I
PA -T1-2024-00249 391 E04CI34700
'SHERRELLDEREK
! 114 S FRONT ST B
TALENT, OR 97540
PA -T1-2024-00249 391E04CB4600
WAXMAN MICHAEL S & CURRAN MAR 9 Ohio NOC
1147/1447/14 4
827 BAIRA DR 17
EL CERRITO, CA 94530
441010clu ►�,i
FILE #
DESCRIPTION OF PROJECT Middle Housing Land Division
DESCRIPTION OF PROPERTY Pursuing LEES® Certification? ❑ YES ® NO
Street Address147 Ohio
Assessor's Map No, 391 E 04CB
Tax Lot(s)
Zoning R-1-5 Comp Plan Designation
4700
Single Family Residential
APPLICANT
Name Rogue Planning & Development, LLC Phone 541-951-4020 E -Mail amygunter.planning@gmail.com
Address
1314-B Center Dr. #457 City Medford Zip 97501
PROPERTY OWNER
Name Derek Sherrell Phone 541-621-1399 E -Mail Dereksherrell@yahoo.com
Address 114 S Front Street - B cityTalent Zip 97540
SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER
Title Surveyor Name LJ Friar & Associates Phone 541-772-1972 E -Mail Ljfriararldassociate@gmail.com
Address PO Box 1947 city Phoenix Zip 97535
Title
Address
Phone
City
E -Mail
Zip
1 hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact are in all respects,
true and correct. /understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their
location found to be incorrect, the owner assumes full responsibility. I further understand that if this request is subsequently contested, the burden will be on me to
establish:
1) that I produced sufficient factual evidence at the hearing to support this request
2) that the findings of fact furnished justifies the granting of the reque
3) that the findings of famished by me are adequ*, and furthe
4) that all structures or i rovements are properly lqftd on the gr d.
Failure in this regard will result stlikely of only the r t fde !so possibly in my structures being built in reliance thereon being required to
be removed atm ve fessional advice and assistance.
Amy G ter 12024
----
Applicant's Date
As owner of property involve this re est, I h e read and understood the complete application and its consequences to me as a property
owner.
10/01/24
Praffrtv Otner's uire Date
[ro be wmplated by City Staff]
Date Received Zoning Permit Type Filing Fee $
OVER N
G:kmnm-de0p1wmin61Ponns & Handouts7oning Permit Application.doc
ZONING PERMIT SUBMITTAL REQUIREMENTS
u 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.
o 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.
0 TRUE SCALE PDF DRAWINGS — Standard scale and formatted to print no larger than 11x17 inches. Include site
plan, building elevations, parking and landscape details.
C7 FEE (Check, Charge or Cash)
❑ LEED® CERTIFICATION (optional) — Applicant's wishing to receive priority planning action processing shall
provide the following documentation with the application demonstrating the completion of the following steps:
• Hiring and retaining a LI=ED® 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.
G�Scnmm-devlplarminST0TMs & HanciautsSZoning Permit Application d=
Aft
ROGUE PLANNING G DEVELOPMENT SERVICES, LLC
Middle Housing Land
147 Ohio Street
Amy Gunter
Middle Housing Land Division
Address: 147 Ohio Street, Ashland
Map & Tax Lot: 39 1E 04CB Tax Lots: 4700
Property Owner: Derek Sherrell
114 S Front Street, B
Talent, OR 97540
Surveyor: L.J. Friar & Associates
PO BOX 1947
Phoenix, OR 97535
Planning Consultant: Amy Gunter
Rogue Planning & Development Services
1314-B Center Dr., PMB 457
Medford, OR 97501
Request:
Request for a Middle Housing Land Division of 147 and 149 Ohio Street.
C-7
Property Description:
The lot is located on the north side of Ohio Street, approximately 313 feet east of the Ohio Street and
Laurel Street intersection, and 150 feet south of Orange Avenue. It is a rectangular lot, measuring
6,721 square feet in total area. The lot has 50 feet of frontage on Ohio Street and extends 134 feet to
the north, where it meets a public 12.5 -foot -wide alley along the west side of the property. This alley
intersects with another alley that is 16 feet wide and provides access to the rear of the lot.
The property is in the R-1-5 zone and is occupied by two buildings: 147 Ohio Street, a 1,156 -square -
foot single -story residence built in 1905, located at the front of the lot, and 149 Ohio Street, a 740 -
square -foot single -story residence built in 2009, which is accessed via the rear alley.
Ohio Street has a 60 -foot public right of way. Ohio Street is designated as a Neighborhood Street which
requires a 50 - 57 -foot -wide public right of way (ROW). Along the frontage of the property, Ohio Street
is improved with 34 -feet of pavement, 6 -feet of planting strip and a 5 -foot sidewalk.
Proposal•
The request is to apply for an expedited land division under the Middle Housing Development
procedures outlined in the Ashland Municipal Code (AMC 18.5.3.140) and Oregon Revised Statutes
(ORS 92.031, 197.365, and 197.758).
The subject property is 6,721 square feet in size, and the proposal seeks to divide it into two parcels.
MHLD Lot 1, located on Ohio Street, will have access via the alley and its own sewer line, which runs
down the alley to Orange Street. This lot is proposed to be 50 feet wide by 70.42 feet deep, totaling
3,521 square feet, and is currently occupied by a 1,156 -square -foot single -story residence.
MHLD Lot 2 is accessed from the public alley at the rear of the property. It is proposed to be SD feet
wide by 64 feet deep, totaling 3,200 square feet, and is currently occupied by a 740 -square -foot single -
story ARU (Accessory Residential Unit). This structure is in the process of being converted into a
duplex, along with the other existing residence on the property, under permit BD -R-2024-01200, in
order to meet Middle Housing standards. All utilities either exist or will be extended as part of the
ongoing permit process, with a separate meter already in place and a new water meter/line planned
along the west side of the property.
Attachments:
Findings addressing the criteria for Middle Housing Land Division
Middle Housing Land Division Preliminary Plat
FINDINGS OF FACT
Ashland Municipal Code
18.5.3.140.
C. Middle Housing Land Divisions Preliminary Plat Approval Process.
1. Approval Criteria. The Staff Advisor shall approve a middle housing land division preliminary plat
upon finding:
a. The parent parcel is developed with middle housing allowed under ORS 197.758(3) or the
application for a middle housing land division is being made concurrently with a building permit
application for construction of middle housing under ORS 197.758(3) on the parcel.
Finding:
An application for a permit (BD -R-2024-01200) to convert the existing Accessory Residential Unit (ARU)
into a duplex has been submitted concurrently with this Middle Housing Land Division application. This
conversion will align the parcel with the allowable uses for middle housing under ORS 197.758(3),
fulfilling the requirements for the land division.
b. Each resulting middle housing lot or parcel shall contain no more than one middle housing dwelling
unit except for lots, parcels, or tracts proposed as common area.
Finding:
Each middle housing lot contains no more than one housing unit.
c. Accessory residential units (ARU) are not permitted on middle housing lots or parcels created
under this section.
Finding:
There will be no accessory residential units, as per the conditions outlined in the permit BD -R-2024-
01200 to convert the existing ARU to a duplex.
d. Each lot is served with its own separate utilities.
Finding:
Each lot is and will be served with its own separate utilities.
e. All easements necessary for each middle housing dwelling unit shall be identified on the plat.
Easements shall be provided to ensure:
i. Provision of and access for maintenance and replacement of all utilities;
Finding:
Utilities are detailed on the plat. Water, sewer, and gas all run across the alley on the west side of the
property.
Pedestrian access from each dwelling unit to a public or private street;
Finding:
The pedestrian access from the dwelling unit to the street does not cross MHLD property boundaries.
A public alley is defined as a public street per AMC 18.6.1.030: Street, Alley: A narrow street through a
block primarily for vehicular service access to the back or side of properties otherwise abutting another
street.
iii. All dedicated driveways, parking, common use areas or shared building elements and
dedicated common areas can be accessed and used.
Finding:
There are no common areas and MHLD Lot 2 can be accessed via the rear alley.
f. Evidence submitted by the applicant demonstrates how buildings or structures on the resulting
lots or parcels will comply with applicable building codes provisions relating to new property lines
and, notwithstanding the creation of new lots or parcels, how structures or buildings located on the
newly created lots or parcels will comply with the Oregon Residential Specialty Code,
Finding:
The proposed structure complies with all minimum setbacks in the R-1-5 zone, including reduced
setbacks for a detached duplex structure under 15 feet in average height. Although the front yard of
MHLD Lot 1 and the west side yard of MHLD Lot 2 do not meet current setback standards, these are
legally nonconforming structures per Ashland Municipal Code (AMC) 18.1.4.030.
MHLD Lot 1 was constructed in 1905, well before the current setback requirements were established.
MHLD Lot 2 received a variance in 2008/2009 for the reduced side yard setback when the pre-existing
garage was converted into an Accessory Residential Unit (ARU). Both structures were lawfully
established at the time and, as per AMC 18.1.4.030, may continue to exist as long as they comply with
other applicable regulations.
The reduced setbacks do not impede compliance with relevant building code provisions nor pose any
threat to the safety or welfare of the neighborhood. No expansion of the nonconforming structures is
proposed, in accordance with AMC 18.1.4.030(A).
` - 1
a / U dg
a
i
2^n q6 SAH
�3- h'
nyp °
ON J S ' by
nye o
\ r
h d
n�
a'
/J
t-
od
zw w
C��
0
m
� Ll
W W U
anU
QU"i
URNa
W
�-may
z4
I{iW
W 1-= fn as
C)PZ
�
Ixaxti4k*L,.
tnWzz<n33
ry
O¢4 F1
�
..............._
�'T� "�
W
c�,ocvi3u�33�ao
zw
$
zzzCzCzCCzzzo°
IQ
O
4
Z
2 J
O
C7 C7�v13�3v1yy
J I orn I y 3044
N2�vxi
����
O �,Wm
€ I I
2200
4 �€ J<3
F m
}
<3
op =
ate
h
WO E ti0W
x
O
F --m
Ldo
a�
q
ts
N
�C�I yr
� \
O
"00-
` - 1
a / U dg
a
i
2^n q6 SAH
�3- h'
nyp °
ON J S ' by
nye o
\ r
h d
n�
a'
/J
After recording return to:
Derek Sherreil
114 S Front St. B
Talent, OR,97540
Until a change is requested all tax
statements shall be sent to the
following address:
Derek Sherrell
114 S Front St. B
Talent, OR 97540
File iVo.: 7162-41982�(Ofr)'-)Date: Sep em er
Jackson County Official Records 2024-019881
R-wo
Stn=16 MORGAN55 09/2712024 02:12:02 FSM
$15.00 $10.00 $13.00 $11.00 $60.00 $109.00
THIS SPACE RESE I, Christine Walker, County Clerk for Jackson county, Oregon, certify
that the instrument identiriied herein was recorded In the Clerk
records, Christine Walker - County Clerk
STATUTORY WARRANTY DEED
Neal Strudler as Trustee of the Neal Strudler Trust, dated December 20, 2013 and
Jeanette Stewart, Trustee of the Jeanette Stewart Trust dated December 20, 2013,
Grantor, conveys and warrants to Derek Sherrel[, Grantee, the following described real
property free of liens and encumbrances, except as specifically set forth herein:
LEGAL DESCRIPTION: Real property in the County of Jackson, State of Oregon, described as
follows:
PARCEL 2, AS SHOWN ON THE PARTITION FLAT FILLED IN THE OFFICE OF THE
JACKSON COUNTY OREGON SURVEYOR AS NO. 16931, AND RECORDED AS
PARTITION PLAT NO. P-31-2001 OF "RECORD Of PARTITION PLATS" IN JACKSON
COUNTY, OREGON.
Subject to:
t. Covenants, conditions, restrictions and/or easements, if any, affecting title, which may
appear in the public record, including those shown on any recorded plat or survey,
2. The 2024-2025 Taxes, a lien not yet payable.
The true consideration for this conveyance is $550,000.00. (Here comply with requirements
of CRS 93.030)
Page 1 of 3
APN: 1.-004946-2 Statutory Warranty Deed Fife No.: 7162-4199221 (jr)
- continued ,
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE
SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND
195.305 TO 195.335 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS
2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS -2 TO 7, CHAPTER 8,
OREGON LAWS 2010, THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY
DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND
REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON
ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR
COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED
I5 A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO
VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON
LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO
INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS
195.3001 195.301. AND 195,305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON
LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2
TO 7, CHAPTER 8, OREGON LAWS 2010.
Dated this day 20•
Neal Strudler as Trustee of the Neal
S r Trust, mer 20, 2013,
Neal Str r, Trustee
STATE OF Oregon
Jeanette Stewart Trustee of the Jeanette
St Trust dated December 20, 2013
J vette Stewart, Trustee
)ss.
County of Jackson )
�l
This instrument was acknowledged before me on this day of V.. 202
by Neal Strudler as Trustee of Neal Strudler Trust, dated December 20, 2013, on behalf of the
Trust. I A
JEANNETTE WWE RUDISILL
NOTARY KEL1C - OREGON
:•' COMMISSION Na. if32g732
W COMMON SIRES JANLORY ti, 2025
Notary public for Oregon
My commission expires:
Page 2 of 3
„ys,,,,;, . ......... .:.....:........:-..,::......:...,,
APN: 1-004946-2 Statutory Warranty Deed Pile No.: 7162-419922. (jr)
- continued
STATE OF Oregon }
e }ss.
County of Jackson
This Instrument was acknowledged before me on this
by Jeanette Stewart as Trustee of Jeanette Stewart
of the Trust.
OFFICIAL STAMP
JEAHNE I I E UARIE RLIMILL
NOTARY PIJO),IC - OREGON
COMMISSION NO.1020732
MY GQMMIS" EXPIRES JANUARY 11, 2026
�ay of 2fl
Trust dated Qece her 20, 2013, on hehalf
Nobly Public for Oregon
My commission expires.
Page 3 of 3