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Home My WebLink AboutHelman_440 (PA-2009-00269) CITY OF ASHLAND April 1 7, 2009 Richard Vezie 208 Oak St. #204 Ashland, OR 97520 Notice of Final Decision On April 17, 2009, the Staff Advisor for the AsWand Planning Department administratively approved your request for the following: PLANNING ACTION: 2009-00269 SUBJECT PROPERTY: 440 Helman Street APPLICANT: Richard Vezie DESCRIPTION: A Boundary Line Adjustment, a request for a Physical and Environmental Constraints Permit to allow construction within the Ashland Flood Plain corridor, and a request for a Variance to Section 18.62.070 of the Ashland Municipal Code to modify the lot line on a lot that does not have adequate buildable area outside the floodplain corridor for the property located at 440 Helman Street. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-l-.5; ASSESSOR'S MAP #: 39 IE 04 CB; TAX LOT #: 6400 & 6500 The Staff Advisor's decision becomes final and is effective on the 13th day after the Notice of Final Decision is mailed. Prior to that date, anyone who was mailed this Notice Of Final Decision may request a reconsideration of the action by the Staff Advisor as set forth in the Ashland Land Use Ordinance (ALVO) 18.1 08.070(B)(2)(b) and/or file an appeal to the Ashland Planning Conunission as provided in the ALva 18.1 08.070(B)(2)( c).' An appeal may not be made directly to the Land Use Board of Appeals. 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 tUBA on that issue. Failure to specify which ordinance criterion the objection is based on also preclud~s 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. The application, all associated documents and evidence submitted, and the applicable criteria are available for review at no cost 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. If you have any questions regarding this decision, please contact April Lucas, Administrative Assistant in the Community Development Department between the hours of 8:00 am and 4:30 pm, Monday through Friday at (541) 488-5305. cc: Properties within 200 feet and Parties of Record DEPT. OF COMMUNITY DEVELOPMENT 20 E, Main Street Ashland, Oregon 97520 www.ashland.or.us Tel: 541-488-5305 Fax: 541-552.2050 TTY: 800-7J5..2900 rA1 T Easy ....lIaIbIIIIg..OOS..L ! .... PA-2009-00269 391 E04CA 3701 AITKEN-GANTZ SELENE S 446 HELMAN ST ASHLAND OR 97520 PA-2009-00269 391E04CA 4900 COUCHMAN lAIN 396 HELMAN STREET ASHLAND OR 97520 PA-2009-00269 391E04CA 3500 EVONJUK BETH L 484 HELMAN 81 ASHLAND OR 97520 PA-2009-00269 391 E04CA 2708 GEDDES BARBARA JIZALlER JOHN R 664 HAVERFORD AVE PACIFIC PALISADES CA 90272 PA-2009-00269 391E04CA 3600 LANDT RICK TRUSTEE ET Al 468 HELMAN ST ASHLAND OR 97520 PA-2 00 9-00 269 391E04CA 4800 Me CLARY MARY K 418 HELMAN ASHLAND OR 97520 PA-2009-00269 391E04CA 2101 SAINT GERMAIN 0 J TRSTE FBO 4622 DARK HOLLOW RD MEDFORD OR 97501 PA-2009-00269 391E04CA 4600 TERRALL VANCE UMARY ANN 422 HELMAN ASHLAND OR 97520 PA-2009-00269 391 E04CA 2000 ZSORALSKJ JUNE M en OAK ST ASHLAND OR 97520 ~J~~m~,... r "'ld~Od I 1 alv^~ ~l.p r @09~S ~~i._!!~Je.../,...~6 a.,! z~~ 1",'a~11 . ., zal'-PotMlPliflge11l ~ \!!!f ~~ '~. PA-2009-00269 391E04CA 4700 .. PA-2009-00269391E04CA>1900 CATRANIDES L TRUSTEE FBO CONKLIN LYN E ET AL 424 HELMAN 51 PO BOX 246 ASHlAND OR 97520 ASHlAND OR 97520 PA-2fJ09.00269 391 E04CA 4000 DALEY THOMAS WJSUSAN L 610 HELMAN 81 ASHlAND OR 97520 PA-2009-00269 391 E04CA 4200 FERGUSON 0 HID G KESTER 440 HELMAN ST ASHLAND OR 97520 PA-2009-00269 391E04CA 4300 GORDON CLAYTON 436 HELMAN ST ASHLAND OR 97520 PA-2009-00269 391E04CA 2202 LENNERS ANNETTE ET AL 717 OAK ST ASHLAND OR 97520 PA-2009-00269 391 E04CA 2400 PEDERSEN DA VIDIK SCOTT 719 OAK ST ASHLAND OR 97520 PA-2009-00269 391E04CA 2705 SCIONTI LANDT FAMILY TRUST ET AL 468 HELMAN ST ASHLAND OR 97520 PA.2009-00269 391E04CA 4100 WINTER CLARE 101 ORANGE AVE ASHLAND OR 97520 PA-2009-00269 Richard V8Zie 208 Oak St #204 Ashland, OR 97520 r set':3 dn-dod~. !.1_d._.",li'lfi1l.~~ I U!I 6uOle .PlfiS:: I.... ft.."'" I PA-2fJ09.00269 391 E04CB 5800 DEAN JAMES UHElEN DAVIS 395 HELMAN ST ASHlAND OR 97520 PA-2009-00269 391 E04CA 3700 GANTZ DAVID 8130 SE MADISON S1 PORTLAND OR 97215 PA-2009-00269 391 E04CB 500 KATZ RICHARD 125 ORANGE ASHLAND OR 97520 PA-2009-00269 391 E04CA 3900 LOPER STEPHEN UPAMELA L 445 HELMAN ASHLAND OR 97520 PA-2009-00269 391 E04CA 3800 REYNOLDS JOHN R TRUSTEE 505 HELMAN ASHLAND OR 97520 PA.2009-00269 391E04CA 1802 STAMPER THOMAS M 637 1/2 OAK ST ASHLAND OR 97520 PA.2009-00269 391 E04CA 2500 YOUNG DAVID GILINDA W 747 OAK Sf ASHLAND OR 97520 26 440 Helman 9-iW9 t./, 17 - D'1 NeJ 1:> r 1 ! ~ ~a~~.wa @/ua^'1asfl .. 1O\Iaad ,(seb .. 8"'" ~^ \Sf p ASHLAND PLANNING COMMISSION FINDINGS & ORDERS PLANNING ACTION: 2009-00269 SUBJECT PROPERTY: 440 Helman OWNER/APPLICANT: Richard Vezie DESCRIPTION: A Boundary Line Adjustment, a request for a Physical and Environmental Constraints Permit to allow construction within the Ashland Flood Plain corridor, and a request for a Variance to Section 18.62.070 of the Ashland Municipal Code to modify the lot line on a lot that does not have adequate buildable area outside the floodplain corridor for the property located at 440 Helman Street. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-l-.5; ASSESSOR'S MAP #: 39 1 E 04 CB; TAX LOT #: 6400 & 6500. SUBMITTAL DATE: DEEMED COMPLETE DATE: STAFF APPROVAL DATE: FINAL DECISION DATE: APPROVAL EXPIRATION DATE: March 2, 2009 March 25, 2009 April 17,2009 April 30, 2009 April 30, 2010 DECISION The property is zoned R-1-5, and surrounding properties are also zoned R-I-5, and contain residential uses. Two parcels are included in the proposal, located at 438 and 440 Helman Street. The property is relatively flat, with an approximately five percent slope downhill toward Ashland Creek, which runs along the rear of the parcels. Currently, the parcel at 438 Helman is located almost entirely in the Ashland Flood Overlay Zone and does not have street frontage or buildable area outside the Ashland Flood Overlay. Approximately one third of the rear of the parcel is located in the .FEMA flood plain. The lot at 438 has a small home/studio structure located on it currently. The parcel at 440 Helman has an existing home fronting on Helman Street, and the rear portion of the parcel is located in the Ashland Flood Overlay Zone The applicants are proposing to modify the lot lines in order to provide additional buildable area for .438 Helman by building to the north instead of to the west and toward the creek. They are proposing building envelopes for a home and an accessory studio building on the new rear lot at 438 Helman. To do this requires a Variance to Section 18.62.070.H of the Physical and Environmental Constraints Ordinance, which states "All lots modified by lot line adjustments.. .must contain a building envelope.. .which contains buildable are of a sufficient size to accommodate the uses permitted in the underlying zone. . ." The applicants state that the circumstance is unique because the Flood Plain Overlay has rendered the lot at 440 Helman virtually unbuildable for a single-family home. The findings also state that the benefits of the Variance will outweigh the negative impact, as the Variance will allow the parcels to develop in a north/south direction and as far away from the riparian area as possible. A conservation easement will be required as a condition of approval to protect all of the property that is within 20 feet of the top-of-bank of Ashland Creek as shown on the site plan. Building is restricted to proposed building envelopes to reduce the impact of development on the creek. A shed that is currently located in the riparian area adjacent to the creek will be removed. P A # 2009-00269 440 Helman Street! AB Page 1 There are a number of mature trees on the site. The applicants are proposing to remove one 8-inch diameter-at-breast-height pear tree that is within the proposed driveway area for the new home. A tree protection plan will be required to protect the remaining trees on site from damage during construction of the new home and studio structure. The criteria for a Physical Constraints Review Permit are described in AMC Chapter 18.62.040.1, as follows: 1. That the development will not cause damage or hazard to persons or property upon or adjacent to the area of development. 2. That the applicant has considered the potential hazards that the development may create and implemented reasonable measures to mitigate the potential hazards caused by the development. 3. That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more seriously than reversible actions. The Staff Advisor or Planning Commission shall consider the existing development of the surrounding are, and the maximum permitted development permitted by the Land Use Ordinance. 4. That the development is in compliance with the requirements of the chapter and all other applicable City Ordinances and Codes. The criteria for a Variance are described in AMC Chapter 18.100.020, as follows: A. That there are unique or unusual circumstances which apply to this site which do not typically apply elsewhere. B. That the proposal's benefits will be greater than any negative impacts on the development of the adjacent uses; and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City. (Ord.242581, 1987). C. That the circumstances or conditions have not been willfully or purposely self-imposed. (Ord. 2775, 1996) The application with the attached conditions complies with all applicable City ordinances. Planning Action 2009-00269 is approved with the following conditions. Further, if anyone or more of the following conditions are found to be invalid for any reason whatsoever, then Planning Action 2009- 00269 is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant shall be conditions of approval unless otherwise modified here. 2) That a final survey plat shall be submitted within 12 months and approved by the City of Ashland within 18 months of this approval. 3) That the tree protection fencing shall be installed and shall be inspected and approved by the Ashland Planning Department according to the approved plan prior to any site work, storage of materials or issuance of the building pem1it. The tree protection shall be chain link fencing six feet tall and installed in accordance with 18.61.200.B. 4) That all construction will be limited to proposed building envelopes shown on site plan submitted with this application on March 2, 2009. P A # 2009-00269 440 Helman Street/AB Page 2 4) That prior to the signature of the final survey plat: a) That a Conservation Easement shall be identified on the final plat from the west property line adjacent to Ashland Creek to 20 feet from top-of-bank setback line as shown on plans submitted with this application on March 2, 2009. Such easement shall be consistent with the City's Development Standards for Floodplain Corridor Lands Chapter 18.62.070 and in no case shall structures be built within the easement. All local native vegetation- associated with the drainage way environment and within the Conservation Easement be retained to protect stream and habitat quality b) That the existing shed structure within the required Conservation Easement, labeled "existing shed 2," will be removed. c) The driveway shall be paved to a minimum width of 12 feet for the fire apparatus access portion of the drive. The flag drive shall be built as a fire apparatus access road, with a 15-foot clear width maintained to a vertical height of 13-feet 6-inches and a 12-foot paved driveway surface capable of supporting 44,000 pounds. The driveway shall be constructed so as to prevent drainage from flowing over sidewalks or other public ways, and the curb shall be painted to prevent parking for ten feet on either side of the driveway entrance. Applicant shall obtain an excavation permit for installation of driveway improvements. d) That a tree protection and preservation plan in accordance with 18.61.200 shall be submitted prior to the signature of the final survey plat. The approved tree protection and preservation plan shall be implemented on site and shall be inspected prior to any site work occurring. That the trees on site shall be watered and maintained throughout the duration of the construction. e) A final utility plan for the parcels shall be submitted for review and approval by the Engineering Division and Building Divisions. 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. Water meters shall be located behind the sidewalk, not within the sidewalk itself. f) All easements for public and private utilities, fire apparatus access, and reciprocal utility, maintenance, and access shall be indicated on the final survey plat as required by the Ashland Engineering Division g) A Drainage Plan shall be submitted for the review and approval of the Engineering Division. h) An electric service plan shall be reviewed and approved by the Ashland Electric Department. i) That the property owner shall sign in favor of local improvement districts for the future street improvements, including but not limited to sidewalks, parkrow, curb, gutter and storm drainage, for Helman Street prior to signature of the final survey plat. The agreement shall be signed and recorded concurrently with the final survey plat. 5) That building permit submittals shall include: a) Identification of all easements. b) Solar setback calculations demonstrating that all new construction complies with Solar Setback Standard A in the formula [(Height - 6)/(0.445 + Slope) = Required Solar Setback] and elevations or cross section drawings clearly identifying the highest shadow producing point(s) and the height(s) from natural grade. P A # 2009-00269 440 Helman Street! AB Page 3 c) Lot coverage calculations including all building footprints, driveways, parking, and circulation areas. Lot coverage shall be limited to no more than 50 percent as required in AMC 18.20.040.F. 6) That prior to the issuance of a building permit: a) Tree protection measures shall be installed according to the approved plan, inspected, and approved by the Staff Advisor. 7) That prior to the issuance of a certificate of occupancy: a) A Tree Verification Permit shall be applied for and approved by the Ashland Planning Division prior to permit issuance, site work, building demolition, and/or storage of materials. The Verification Permit is to inspect installation of tree protection fencing for the trees to be retained on site, and on adjacent properties. b) That an elevation certificate prepared by an Oregon-licensed engineer or surveyor shall be provided to certify that the actual finished floor elevation of the lowest habitable floor of both structures to be constructed on the rear parcel have been raised to at least two feet above the base flood elevation. c) That the requirements of the Fire Department, including provision of fire apparatus access, approved addressing, and installation of residential smoke alarms, shall be satisfactorily _~__ essed. " P A # 2009-00269 440 Helman Street! AB Page 4 ASHLAND TREE COMMISSION PLANNING APPLICATION REVIEW April 9, 2009 PLANNING ACTION: 2009-00269 SUBJECT PROPERTY: 440 Helman Street APPLICANT: Richard Vezie DESCRIPTION: A Boundary Line Adjustment, a request for a Physical and Environmental Constraints Permit to allow construction within the Ashland Flood Plain corridor, and a request for a Variance to Section 18.62.070 of the Ashland Municipal Code to modify the lot line on a lot that does not have adequate buildable area outside the floodplain corridor for the property located at 440 Helman Street. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-I-.5; ASSESSOR'S MAP #: 39 IE 04 CB; TAX LOT #: 6400 & 6500 Recommendation: 1) That a tree protection and preservation plan in accordance with 18.61.200 shall be submitted prior to the signature of the final survey plat. The approved tree protection and preservation plan shall be implemented on site and shall be inspected prior to any site work occurring. 2) That the trees existing along the front of the property shall be included in the count for the total number of trees along the front of the property. That if a sidewalk is required along the front of the property line the existing trees shall be protected and preserved. 3) That the trees on site shall be watered and maintained throughout the duration of the construction. Department of Community Development 51 Winburn Way Ashland, Oregon 97520 ww\v.ashland.or. us Tel: 541-488-5350 Fax: 541-552-2050 TTY: 800-735-2900 CITY OF ASHLAND AFFIDAVIT OF MAILING 8T A TE 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 March 25, 2009 I 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 #2009-00269, 440 Helman St. Cl? ~' ~ <-:""'~ \.." ,,-~_)C;/ Z; t<.-' . - Signature of Employee SIGNED AND SWORN TO before me this 25th day of March, 2009. OFACIAL SEAL CAROLYN MARlENE SCHWENDEHER NOTARY PUSUC-oREGON COMMISSION NO. 436232 MY COM~ISSION e~PtReS MAR, 20, 2013 _J /~~ ~ r ".~~ Notary; ublic for State of o~on My Commission Expires: 0<' A {)-.' /'~ Com m-Dev\Planning\ T em plates ;'., CITY OF ASHLAND Planning Department) 51 Winl Way, Ashland, Oregon 97520 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 NOTICE OF APPLICATION PLANNING ACTION: 2009-00269 SUBJECT PROPERTY: 440 Helman OWNER/APPLICANT: Richard Vezie DESCRIPTION: A Boundary Line Adjustment, a request for a Physical and Environmental Constraints Permit to allow construction within the Ashland Flood Plain corridor, and a request for a Variance to Section 18.62.070 of the Ashland Municipal Code to modify the lot line on a lot that does not have adequate buildable area outside the floodplain corridor for the property located at 440 Helman Street. COMPREHENSIVE PLAN DESIGNA TION: Single-Family Residential; ZONING: R-1-.5; ASSESSOR'S MAP #: 391E 04 CB; TAX LOT#: 6400 & 6500. NOTE: The Ashland Tree Commission will also review this PlaMing Action m April 9, 2009 at 6:00 p.m. in the Community Development and Engineering Services building (Siskiyou Room) located at 51 Winburn Way. NOTICE OF COMPLETE APPLICATION: March 25, 2009 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: ADril 8. 2009 ~~. /...~.'.."'" ....... . / / /.............~/ i' . , ! / /..'/ ,F /' ; II 1/ / j/ 1/ .~~ ;/ //1 I /~ I - / / PA #2009-00269 : 440 Helman Street i l~tJI:>je~~\<:>J>e~_ : \: ) \' I K~- / ,II' / i/ i/ N A The Ashland Planning Department Staff has received a complete application for the property noted above. Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Department, 51 Winburn Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above. Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completenessl 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 completel 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 Staffs decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.108.040) The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection conceming this application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issuel precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify VV'hich 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. A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Department, Community Development & Engineering Services Building, 51 Winburn Way, Ashland, Oregon 97520. If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Department at 541-488-5305. G: \comm -dev\p Janning \N 0 tices Mai led\2009\2 009 -0026 9. doc PHYSIC~I\L & ENVIRONMENTAL CONST"'AINTS 18.62.040-.1 Criteria for Approval A Physical Constraints Review Permit shall be issued by the Staff Advisor when the Applicant demonstrates the following: 1. Through the application of the development standards of this chapter, the potential impacts to the property and nearby areas have been considered, and adverse impacts have been minimized. 2. That the applicant has considered the potential hazards that the development may create and implemented measures to mitigate the potential hazards caused by the development. 3. That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more seriously than reversible actions. The Staff Advisor or Planning Commission shall consider the existing development of the surrounding area, and the maximum permitted development permitted by the Land Use Ordinance. (ORD 2808,1997; ORD 2834,1998; ORD 2951,2008) VARIANCE 18.100.020 Application The owner or his agent may make application with the Staff Advisor. Such application shall be accompanied by a legal description of the property and plans and elevations necessary to show the proposed development. Also to be included with such application shall be a statement and evidence showing that all of the following circumstances exist: A. That there are unique or unusual circumstances which apply to this site which do not typically apply elsewhere. B. That the proposal's benefits will be greater than any negative impacts on the development of the adjacent uses; and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City. (ORD 2425, 1987). C. That the circumstances or conditions have not been willfully or purposely self-imposed. (ORD 2775, 1996) G: \co mm .dev\p lann ing \N otices Mai led\2009\2009 -00269. doc I Easy Peele Labels A Bend along line to ~ AVERY@ 5160. 1 ~,l~~~ Template 5160CJb Feed Paper expose Pop-Up Edge™ f;'A~2009:;~00269 391 E04CA 3701 PA..2009-00269 391E04CA 4700 PA-2009-00269 391 E04CA 1900 AITKEN..GANTZ SELENE S CATRANIDES L TRUSTEE FBO CONKLIN L YN E ET AL t.46 HELMAN 8T 424 HELMAN 8T PO BOX 246 ~SHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2009..00269 391E04CA 4900 PA-2009-00269 391 E04CA 4000 PA-2009-00269 391 E04CB 5800 COUCHMAN lAIN DALEY THOMAS W/SUSAN L DEAN JAMES UHELEN DAVIS 3S6 HELMAN STREET 610 HELMAN 8T 395 HELMAN 5T ~SHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 p A-2009..Q0269 391 E04CA 3500 PA-2009-00269 391 E04CA 4200 PA..2009-00269 391 E04CA 3700 EVONIUK BETH L FERGUSON 0 HID G KESTER GANTZ DAVID ~84 HELMAN 8T 440 HELMAN 8T 8130 SE MADISON 8T ~SHLAND OR 97520 ASHLAND OR 97520 PORTLAND OR 97215 PA-2009.Q0269 391 E04CA 2708 PA-2009..Q0269 391 E04CA 4300 PA-2009-00269 391 E04CB 500 GEDDES BARBARA J/ZALLER JOHN R GORDON CLAYTON KA TZ RICHARD E64 HA VERFORD AVE 436 HELMAN ST 125 ORANGE PACIFIC PALISADES CA 90272 ASHLAND OR 97520 ASHLAND OR 97520 PA-2009..00269 391 E04CA 3600 PA..2009-Q0269 391 E04CA 2202 PA..2009-00269 391 E04CA 3900 lANDT RICK TRUSTEE ET AL LENNERS ANNETTE ET AL LOPER STEPHEN UPAMELA L 468 HELMAN ST 717 OAK ST 445 HELMAN ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2009-Q0269 391 E04CA 4800 PA-2009-00269 391 E04CA 2400 PA-2009-00269 391 E04CA 3800 Me CLARY MARY K PEDERSEN DA VID/K SCOTT REYNOLDS JOHN R TRUSTEE 418 HELMAN 719 OAK ST 505 HELMAN ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2009-00269 391 E04CA 2101 PA-2009..00269 391 E04CA 2705 PA-2009-00269 391 E04CA 1802 SAINT GERMAIN 0 J TRSTE FBO SCIONTI LANDT FAMILY TRUST ET AL STAMPER THOMAS M 4622 DARK HOLLOW RD 468 HELMAN ST 637 1/2 OAK ST MEDFORD OR 97501 ASHLAND OR 97520 ASHLAND OR 97520 PA-2009-00269 391 E04CA 4600 PA.2009-00269 391 E04CA 4100 PA-2009..00269 391 E04CA 2500 TERRALL VANCE UMARY ANN WINTER CLARE YOUNG DAVID G/LINDA W 422 HELMAN 101 ORANGE AVE 747 OAK ST ASHlAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA'2009..00269 391 E04CA 2000 PA-2009-00269 ZBORAlSKI JUNE M 26 677 OAK ST Richard Vazie 440 Helman ASHLAND OR 97520 208 Oak 8t #204 3..25-09 Ashland, OR 97520 etiq....ettes faciles it peler .,. '1' . _ __ ~ L - -.!..... .. .__,,,tI) ....,.. "db & Sens de I Repliez a la hachure afin de I ..,,-u.u _.. 1_ ...... ""-...... D,.. __II '" TM I www.avery.com 1-ClntLt:n..A Vi:DV 1302 ~~f; Piease recycle wilh co~orc-d office grade paper JACKSON COUNTY tNFORMA TlON TECHNOlOGY Map Maker Application Front Counter Legend C Highlighted Feature theBuffer theBufferTarget Tax Lot OuUines Tax Lot Numbers City Limits As hland Butte F aMs Contral Point Eagle POint Gokj Hill Jncksonvmc- Medford Phoenix Roguo Rivor Shoo)' Cove Ta !on t JACKSON COUNTY Oregon This map " based on 8 digital database compiled by Jackson County From a variety of sources. Jackson County cannot accept. responsibify for errors, omissions, or ATTN: LEGAL PUBLICATIONS (Nick) PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN that a Public Hearing on the following items with respect to the Ashland Land Use Ordinance will be held before the Tree Commission on April 9, 2009 at 6:00 p.m. at the office of Community Development and Engineering Services (Siskiyou Room) located at 51 Winburn Way, Ashland, OR. At such Pubic Hearing any person is entitled to be heard. A request for Site Review approval and an Exception to Street Standards for the construction of two new 7,500 square-foot commercial buildings for the properties located at 1070 Benson Way and 1080 Benson Way. A Boundary Line Adjustment, a request for a Physical and Environmental Constraints Permit to allow construction within the Ashland Flood Plain corridor, and a request for a Variance to Section 18.62.070 of the Ashland Municipal Code to modify the lot line on a ",lot that does not have adequate buildable area outside the floodplain corridor for the property located at:{D~)!m~ll:~~}:I~.t,~~t:~::"\'fl A request for a Tree Removal Permit to remove seven trees, six maple trees in front of the units and one walnut tree located near the driveway for the property located at 1745 Siskiyou Boulevard. A request for Final Plan approval for a six-lot, five-unit Performance Standards Subdivision for the property located at 500 Strawberry Lane. The application also includes a request to modify the phasing and conditions of approval of Planning Action #2008-00182 which granted Outline Plan approval, a Physical and Environmental Constraints Review Permit, Tree Removal Permits, and an Exception to Street Standards. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the aty Administrators office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enabfe the city to make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102~35.104 ADA Title I). By order of the Community Development Director Bill Molnar Publish: 4/1/2009 Date e-mailed: 3/26/2009 Purchase Order: 81095 , o w >- zz ~~~ << ~~w ~~ ~~~ ~~ ~~~ m ~ ~ i5 m>->->->->->->- ~555S~55 ;-:j;-:j;-:j;'5~~~~ IIIIIIII g==~~~r-..G)~ w 2: ~ z :z o 2: 2: o ~ ~ 1-1 ill ~ ~ 8~~~~~~g ~U:ii:2:~ii:i~~ ?- m :J w ~ ~~~P\!~~f:: I- o > -------- ..~~~ ----..7/J~; , . / / ; ; ~?f::":;;;;::;;;/ / , ~ ,\" c / \ I \ ,A. . .'" I <19'; ,t:n / /. ,J 'r. ....~ ~ I ~2;/ v; /~",,~ - ~"\ ,i " S tJ ~ t~~r / J , ' ~"~~~ li~~'=~ ,~ ,~ ~~':" ,4)P ~ ~/ ~-~;';:;?;It:("' m ~ ~ ~ ,10~~~ ~ t,- /'" ~~~ ,," , "~/,<,, ~~~~ ~ >- ;S 2 '; /f: #/'" g I ~ ~ ,;' r ~ ~' tl..., " 1 <f'~~",w-"""""~""""" I" " ~ #'~, ::r~ 2.~ /' 9:Po ~ G I. 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Z ii o D... ~ ~ o N ~ 0) Z o ~ ct ~ O~ \-Q tDZ w<: :,l:--' UJI tDtD - <: Z ~ WI- QUJ <>is ~ Z I-- o (j) (j)Z Q ~<[QQ ~~~~ WUJO<>iS u..Iwo Z ..-0 o m'<t Q t<) IS> ( H1::!ON J:J3ro~ /vp ill ~ ~ ~ Zc.J ::s~ a.~ ~ UJ~ t-~ t: en 8 d 12'~ g~ . ~; t:~~ g &~ ~2~ m II 0 motB ~~g ~g~ 3~d' x ~u.. ~tg t~ g ~ g~~ ~~e t<5e~ ~~~ ~\O~ II II U 000 000 '<t '<t '<t IS> ~ lSl I-I--\- wggg Zxxx o <( <( <: z \- \- I-- u d r:A' ~ u o ~ ~o -< NN cRj B ~ ~ oo~~ ~ ~~ ~ ~ c:~ OO!"=t ~ ;;:; t.) 0 ~ ~ ~~~ b ~ H ~ U ~ o ~ rJJ. ~ ~ ~ ~ rJJ. ~ ~ I ~Z SO ~rJJ. ~~ Od 9~ ~~ OO~ ~~ BOUNDARY LINE ADJUSTMENT APPLICATION SUPPLEMENTAL INFORMATION AND FINDINGS FOR: ART STUDIO DESIGN FOR: THE FERGUSON - KESTER RESIDENCE Prepared fo r: DON FERGUSON & DENISE KESTER 440 Helman Street Ashland, Oregon 97520 Prepared by: RICHARD VEZIE & ASSOCIATES, LLC 208 Oak Street, Suite 204 Ashland, Oregon 97520 February 25, 2009 CONTENTS: · REQUESTED APPROVALS · PROJECT INFORMATION · PROJECT DESCRIPTION · BOUNDARY LINE ADJUSTMENT AND FINDINGS OF FACT · VARIANCE TO ASHLAND MUNICIPAL CODE SECTION 18.62.070.H AND FINDINGS OF FACT · PHYSICAL AND ENVIRONMENTAL CONSTRAINTS REVIEW PERMIT AND FINDINGS OF FACT · IMPERVIOUS SURFACE AREAS · LOT LEGAL DESCRIPTIONS RICHARD VEZIE & ASSOCIATES, LLC 208 Oak Street, Suite 204 Ashland, Oregon 97520 (541) 488~1453 February 25, 2009 REQUESTED APPROVALS BOUNDARY LINE ADJUSTMENT Request for approval of application for a Boundary Line Adjustment between Tax Lots 6400 and 6500 located within Assesso(s Map Number 39-1 E-04CB. VARIANCE TO ASHLAND MUNICIPAL CODE SECTION 18.62.070.H Request for approval of application for a variance to AMC SECTION 18.62.070.H, which states that "All lots modified by lot line adjustments, or new lots created from lots which contain Flood plain Corridor land must contain a building envelope on alllot(s) which contain(s) buildable area of a sufficient size to accommodate the uses permitted in the underling zone, unless the action is for open space or conservation purposes. II PHYSICAL AND ENVIRONMENTAL CONSTRAINTS REVIEW PERMIT Request for Approval of Application for a Physical and Environmental Constraints Review Permit for development within Flood Plain Corridor Lands. Note: See the attached Site Plan for additional information regarding these requests. PROJECT INFORMATION PROJECT: ART STUDIO DESIGN FOR: THE FERGUSON - KESTER RESIDENCE OWNERS/ APPLICANTS: Don Ferguson & Denise Kester 440 Helman Street Ashland, Oregon 97520 (541) 482-2660 AGENT: Richard Vezie, RICHARD VEZIE & ASSOCIATES) LLC 208 Oak Street, Suite 204, Ashland, Oregon 97520 (541) 488-1453 2 SITE DATA: PROJECT LOCATION: 440 Helman Street Ashland, Oregon 97520 Assessor's Map Number: 39-1 E-04CB Tax Lot Numbers: 6400 & 6500 ZONING: R-1-5 HISTORIC DESIGNATION: None LOT SIZES (PROPOSED): Tax Lot 6400: 18283.85 sq. ft. (0.42 acres) Tax Lot 6500: 6999.64 sq. ft. (0.16 acres) LOT COVERAGE AREAS (PROPOSED): T ax Lot 6400: Landscaping: 14832.19 sq. ft. (81 .120/0) Total Coverage By Impervious Surfaces: 3451.66 sq. ft. (18.880/0) (500/0 allowed) (see attached Impervious Surface Areas) Tax Lot 6500: Landscaping: 3531.91 sq. ft. (50.460/0) Total Coverage By Impervious Surfaces: 3467.63 sq. ft. (49.540/0) (500/0 allowed) (see attached Impervious Surface Areas) PROJECT DESCRIPTION Currently, the existing structure being used as an artist studio is approved as a residence. Applicants wish to remodel and use the existing artist studio as a residence at some point in the future. The structure is sited on Tax Lot 6400, which is currently under the same ownership as Tax Lot 6500. Both parcels are owned by the applicants. Prior to using the existing artist studio as a residence} the applicants need to construct a new artist studio for their use. The new artist studio will be an accessory use to the residential use and therefore should be located on the same tax lot. By relocating the property line separating the two tax lots} the applicants will be able to establish a residential occupancy along with required parking facilities on each lot. Additionally, this configuration minimizes the amount of impervious surface area and land disturbance by structures within the Ashland Floodplain Corridor and keeps the development as far as feasible from Ashland Creek, thereby minimizing impact on the Ashland Creek riparian lands. The applicants will further enhance the tree and understory canopy along with the wildlife habitat along Ashland Creek with additional plantings of native trees and shrubs over time. See the attached Site Plan for information regarding the boundary line of existing tree and understory canopies and the transition line between native riparian vegetation and upland vegetation. 3 A Pre-Application Conference for this project was applied for and held in December 101 2008. BOUNDARY LINE ADJUSTMENT AND FINDINGS OF FACT SUMMARY: This request for a Boundary Line Adjustment under AMC Section 1876.140 Lot Line Adjustments involves the relocation of an existing easterly/westerly lot line common to Tax Lots 6400 and 6500 to a northerly/southerly orientation as indicated on the attached Site Plan. The adjusted lot line will continue to be common to both tax lots. CRITERIA: Requirements for approval of this Boundary Line Adjustment are found in Land Use Section 18.76.140 Lot Line Adjustments. Requirements of Section 18.76.140 Lot line Adjustments are as follows: The adjustment of a lot line by the relocation of a common boundary, where the number of parcels is not changed and all zoning requirements are met, shall be accepted by the City, provided the requirements of Sections 18.76.090 through 18. 76. 130 are satisfied, in addition to Section 18. 76. 170, where the lot adjustment causes access to be changed to an exterior unimproved street. FINDINGS OF FACT: Upon approval of this application, the applicants will commission a survey within 12 months, as required by Land Use Section 18.76.100 and meeting the final map requirements of Land Use Section 18.76.110. VARIANCE TO ASHLAND MUNICIPAL CODE SECTION 18.62.070.H AND FINDINGS OF FACT SUMMARY: AMC SECTION 18.62.070.H states that "Alllots modified by lot line adjustments, or new lots created from lots which contain Flood plain Corridor land must contain a building envelope on all lot(s) which contain(s) buildable area of a sufficient size to accommodate the uses permitted in the underling zone, unless the action is for open space or conservation purposes. H AdditionallYl AMC SECTION 18.62.070.F. States UExisting lots with buildable land outside the Flood plain Corridor shall locate all residential structures outside the Corridor land, unless 50% or more of the lot is within the Flood plain Corridor. For residential uses proposed for existing lots that have more than 50% of the lot in Corridor land, structures may be located on that portion of the Flood plain corridor that is two feet or less below the flood elevations on the official maps, but in no case closer than 20 feet to the channel of a Riparian Preservation Creek. Construction shall be subject to the requirements in paragraph 0 above. H Tax Lot 6400 currently has more than 500/0 of the lot in Corridor land. In its current configuration Tax Lot 6400 has 85.91 % of its area in Corridor land. Upon approval, the reconfigured lot will still have 85.270/0 of its area in Corridor land and will require a Variance for the Boundary Line Adjustment and construction of the Art Studio. 4 The primary purpose for the Variance for the proposed Boundary Line Adjustment is to allow reasonable development along the northerly/southerly axis and thereby allowing reasonable development farther from the Ashland Creek riparian area than would otherwise take place. CRITERIA: Requirements for approval of this Variance are found in Land Use Section 18.100 Variances Requirements of Section 18.100 Variances are as follows: The owner or his agent may make application with the Staff Advisor. Such application shall be accompanied by a legal description of the property and plans and elevations necessary to show the proposed development. Also to be included with such application shall be a statement and evidence showing that aI/ of the fol/owing circumstances exist: A. That there are unique or unusual circumstances which apply to this site which do not typically apply elsewhere. B. That the proposal's benefits will be greater than any negative impacts on the development of the adjacent uses; and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City. (Ord.242581, 1987). C. That the circumstances or conditions have not been willfully or purposely self imposed. (Ord. 2775, 1996) FINDINGS OF FACT: The owner or his agent may make application with the Staff Advisor. Such application shall be accompanied by a legal description of the property and plans and elevations necessary to show the proposed development. Also to be included with such application shall be a statement and evidence showing that all of the following circumstances exist.' The required information is included within this application. A. That there are unique or unusual circumstances which apply to this site which do not typically apply elsewhere. Unique or unusual circumstances which apply to this site which do not typically apply elsewhere include the following: 1. Tax lot 6400 (the existing southerly lot) has an area of 9215.31 sq. ft. with 7916.89 sq. ft. (85.910/0) of its area within the Floodplain Corridor. There is no practical opportunity to develop this lot outside of Floodplain Corridor lands. 2. Tax lot 6400's average easterly/westerly lot dimension (lot length) is 184.32 ft. and its northerly/southerly lot dimension (lot width) is only 50 ft. Additionally, the lot falls under Standard A requirements in the Solar Access chapter, which effectively eliminates any potential for a 2 story structure on the existing lot without a waiver and its negative impacts. This existing lot configuration requires development along the long easterly/westerly axis of the lot, which forces development closer to Ashland Creek and its riparian area. B. That the proposal's benefits will be greater than any negative impacts on the development of the adjacent uses; and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City. (Ord.2425 S1, 1987). The reasons the proposal's benefits will be greater than any negative impacts on the development of the adjacent uses; and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City include the following: 1. If tax lot 6400 is developed further in its current configuration, the exiting red oak tree (Tree T8) would need to be removed to allow required parking or increased paved driveway along the existing property line common to tax lots 6400 and 6500 would be necessary. This would increase impervious surface areas. Either case would increase development further toward riparian areas along Ashland Creed more than this proposal. 5 Increasing the size of tax lot 6400 along the northerly/southerly axis allows development further from the creek than does the existing lot configuration. 2. The proposal allows reasonable development of the property without the need for a waiver to the Solar Access chapter and therefore increases opportunities to utilize solar energy. This is beneficial to the entire community. 3. The proposal provides building envelopes closer to existing structures and near the same elevations as neighboring structures, which provides greater neighborhood continuity while preserving greater potential for extending and enhancing wildlife habitat areas near Ashland Creek. Approval of this Variance will allow development along a northerly/southerly axisl which keeps development farther from Ashland Creek. C. That the circumstances or conditions have not been willfully or purposely self imposed. (0 rd. 2775, 1996) The circumstances or conditions have not been willfully or purposely self imposed because: 1 . The applicants purchased this property in August of 1992. The existing lot configurations and Floodplain Corridor overlay were in place prior to their purchase. 2. Tax lots 6400 and 6500 existed in their current configuration along with their previous development rights prior to the adoption of the Ashland Floodplain Corridor overlay. The applicants did not own the lots before or during the process of adopting the overlay and were not part of the overlay adoption process. PHYSICAL AND ENVIRONMENTAL CONSTRAINTS REVIEW PERMIT AND FINDINGS OF FACT SUMMARY: Tax lot 6400 (the existing southerly lot) has an area of 9215.31 sq. ft. with 7916.89 sq. ft. (85.910/0) of its area within the Floodplain Corridor. There is no practical opportunity to develop this lot outside of Floodplain Corridor lands. A Physical and Environmental Constraints Review Permit for development in Flood Plain Corridor Lands is being requested as a result of these conditions. AMC Section 18.62.010 Purpose and Intent states: HThe purpose of this Chapter is... to limit alteration of topography and reduce encroachment upon, or alteration of, any natural environment and; to provide for sensitive development in areas that are constrained by various natural features. " As stated in the Project Description above, this proposal keeps the development as far as feasible from Ashland Creek, thereby minimizing impact on the Ashland Creek riparian lands. This reduces encroachment upon the natural environment. The applicants have provided a site design, which minimizes negative impacts to the Ashland Creek riparian area and the wildlife habitat along the creek. CRITERIA: The Physical & Environmental Constraints Permit Criteria are as follows: 1. Through the application of the development standards of this chapter, the potential impacts to the property and nearby areas have been considered, and adverse impacts have been minimized. 2. That the applicant has considered the potential hazards that the development may create and implemented measures to mitigate the potential hazards caused by the development. 3. That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more seriously than 6 reversible actions. The Staff Advisor or Planning Commission shall consider the existing development of the surrounding area, and the maximum permitted development permitted by the Land Use Ordinance. (Ord 2834 51, 1998) FINDINGS: Note: See the attached Site Plan for additional information specific to the Physical and Environmental Constraints Review. 1. Through the application of the development standards of this chapter, the potential impacts to the property and nearby areas have been considered, and adverse impacts have been minimized. The development has been carefully designed to minimize negative impacts to the property and nearby areas. Both building envelopes have been placed as far as practical from the creek while still meeting other land use requirements and goals such as front yard setbacks, off-street parking and minimizing impervious surface areas. Though grades on the opposite side of Ashland Creek are lower than grades on the subject property and would flood first, both building envelopes in this proposal have been positioned to areas of the site, which would have the shallowest flooding on this site per AMC Section 118.62.070.E requirements (see topographic lines 1810 and 1812 on the Site Plan). 2. That the applicant has considered the potential hazards that the development may create and implemented measures to mitigate the potential hazards caused by the development. The Applicants and their Agent have considered the potential hazards created by this development and found there are none. This site is located on the higher (westerly) side of Ashland Creek and is therefore less prone to flooding, as exhibited during the 1997 floods. Additionally, the building envelopes are positioned as far from Ashland Creek as practical, which further reduces any chance of flooding of the proposed building envelopes. 3. That the applicant has taken all reasonable steps to reduce the adverse impact on the environment. Irreversible actions shall be considered more seriously than reversible actions. The Staff Advisor or Planning Commission shall consider the existing development of the surrounding area, and the maximum permitted development permitted by the Land Use Ordinance. (Ord 2834 81, 1998) The Applicants and their Agent have taken all reasonable steps to reduce or eliminate the adverse impact the development would have on the environment. Review of the attached Site Plan demonstrates that this proposal provides the best opportunity to reduce adverse impact on the environment, as it moves development further from riparian and wildlife habitat areas than would occur otherwise. The two building envelopes are further from the creek than some of the other development in the area and are designed to allow further expansion and enhancement of the riparian tree and understory canopy and thereby meet the purpose and intent of this chapter. 7 RICHARD VEZIE & ASSOCIATES, LLC IMPERVIOUS SURFACE AREAS Job Code: 2/25/2009 14:44 Zoning: F0804 Map & Tax Lot: 39-1 E-04CB #6400 R-1-5 18283.85ISq, Ft. Lot Area: Impervious Surfaces: Location: Area Sq. Ft. Description: Area 1 920.00 Proposed Art Studio Area 2 590.66 Existing Art Studio Area 3 1250.43 Parking & Driveway Area 4 331 .99 Existing Shed 1 Area 5 267.95 Existing Shed 2 Area 6 90.63 Future Front porch Area 7 Area 8 Area 9 ~ Area 1 0 Total Impervious Surface Area: 3451.66 Percent of Impervious Surface Area: 18.880/0 Allowable Impervious Surface Percent: Allowable Impervious Surface Area: 50.000/0 From Land Use Ordinance 9141.93 Sq. Ft. Impervious Surface Compliance: Impervious Surface Compliance: 31.120/0 5690.27 Sq. Ft. R-1 Zone Allowable Lot Coverages: Maximum Coverage: Maximum lot coverage shall be fifty (500/0) percent in an R-l-S District, forty-five (450/0) percent in an R-1-7.5 District, and forty (400/0) percent in an R-1-10 District. RICHARD VEZIE & ASSOCIATES, LLC IMPERVIOUS SURFACE AREAS Job Code: 2/25/2009 14:44 Zoning: F0804 Map & Tax Lot: 39-1 E-04CB #6500 R-1-5 6999.64ISq. Ft. Lot Area: Impervious Surfaces: Location: Area Sq. Ft. Description: Area 1 96.00 Shed Area 2 1658.00 House & Porch Area 3 373.78 2 Space Front Parking Area 4 1339.95 121 Rear Access Driveway Area 5 (Hollywood strip drive) Area 6 Area 7 Area 8 Area 9 Area 1 0 Total Impervious Surface Area: 3467.73 Percent of Impervious Surface Area: 49.540/0 Allowable Impervious Surface Percent: Allowable Impervious Surface Area: 50.000/0 From Land Use Ordinance 3499.82 Sq, Ft. Impervious Surface Compliance: Impervious Surface Compliance: 0.460/0 32.09 Sq. Ft. R-1 Zone Allowable Lot Coverages: Maximum Coverage: Maximum lot coverage shall be fifty (500/0) percent in an R-l-S District, forty-five (450/0) percent in an R-1-7.5 District, and forty (400/0) percent in an R-1-10 District. OFFICIAL RECORD OF DESCRIPTIC RP 1 4963- 4 / OFF E OF COUNTY ASSESSOR, JA( - ~ ~O 391E04CBOb400 0050~ S"-1- CODE NUMBER -'!il- TAX LOT NUMBER SECTION LOT RANGE_W.M. MAP NO.11.~ AERIAL PHOTO BLOCK NO. NO. CITY Ashland LEGAL DESCRIPTION DEED RECORD ACRES REMAINING Bos1ar,' Louise Beginning at. a point which bears North 250.30' East. 3.293.7 JL93 :1:.89 l.5~ feet. and South 63-45' East 30 feet from "the stone monument. at. the intersection of the center line o:r Helman Street with the center line o~ Mechanic St.reet in the Ci1;y of AShland, JCO; thence Sout.h 63045' East 343 feet; thenoe North ll~O' East .5~.8 ~eetJ thence North 63045' West 327 .f'eet. to the Ea.ster~y side line of Helman. Street extended; thence Sout.h 25-30' West 50 :reet. to the place of beginning. YEAR ~OLUME PAGE Jones, A H 196 BOUNDARY LINE AGREEIv1ENT 00529 G.R. G.R. -01563 .R. O.R tV '0 O.R. ate) O.R. ote) /0. R. J.V. 09 ! Greene, Donald Lee & Linda June Less tax,> lot 391E4CB-6401 (1-56847-1) Pie1ds, 3ohnQR. and GOlden, Catherine BOUNDARY LINE AGREEMENT Ferguson, Donald H & Denise G Kester _______----.-~_ _ ~ ___________ r_ _ _ ~_.........-....-............ - ~- -- . -- ~ ~ -~ . - --- -~. -- OFFICIAL RECORD OF DESCRIPTIC FFlCE OF COUNTY ASSESSOR, JA( r c> RP], 4964-2 39~EO~CBOb50D OD50~ 115 SECTION \ . -e-- TAX LOT NUMBER LOT NO. ~ INDENT EACH NEW I ~ COURSE TO THIS LINE CO eta. I ~ " I Frank Beginning at a po~nt on the easterly side line of Helman Street in the City o~ Ashland, JOO, which is Nort 250 30' East 1343.7 feet and South 6)0 45' East 30 ~eet from the monument at the intersection of the center 1ine of Helman and Mechanic Street in said City; thence South 630 45' East 327 feet; thence North 110 0' East $1.80 feet; thence North 630 45' West 311 feet, to the .easterly side line of Helman Street extended; thence South 250 30' West along said side line o~ Helman Street 50 feet, to the place of beginning. Dari:i.son, Tracy E. '& V:irgie H. Runft, Ida Louise BOUNDARY LINE AGREBmENT Greene. Dona1d J. & L~nda J. Pie1da, John Rand Go1den, Catherine BOUNDARY LINE AGREEMENT (~Z~I ) VOLUME pAGE 5-1 CODE NUMBER AERIAL PHOTO Ashland ACRES REMAINING Probe Jour part of 70 362 89 379- 0 part of 275 479 1955 JV .5 263 6 1961 503 439 JV 6 -405 Part of O.R 79- 2438 Note) . c O.R. 82-0 884 JV 2-04 88 J" J Part. o-r O.B. 82-0 213 J J. v. 83-03 01 1) Part of O.R 87- 5276 Note) 39. IE 4CB-6500 OFFICIAL RECORDI0'f=9~Y~CRIPTIONS OF REAL PROPERTIES ACCOUNT NUMBER OFFICE OF COUNTY ASSESSOR, JACKSON C-oUNTY, OREGON 5-1 CODE NUMBER LEGAL DESCRIPTION AERIAL PHOTO SECTtON LOT BLOCK 7 AX LOT NUMBER NO. NO. DEED RECORD ACRES REMAINING YEAR ~OLUME PAGE Ferguson, Donald H & Denise G Kester O.R 91-0 999 JV 91-052 7 ~4;~ 11 r... ~ Planning Department C IT Y 0 r 51 \\finburn Way, Ashland OR 97520 ASH LAN 0 54]-488-5305 Fax 541-488-6006 Boundary Line Adjustment, Variance & Physical and Environmental Constraints Review Permit ZONING PERMIT APPLICATION FILE#JA "~eoot/()O ~bCr DESCRIPTION OF PROJECT DESCRIPTION OF PROPERTY Street Address 440 Helman St., Ashland, Oregon 97520 Assessor's Map No. 39 1 E 04CB Tax Lot(s) 6400 & 6500 Zoning R-1-5 Comp Plan Designation Single Family Residential & Conservation Area APPLICANT Name Richard Vezie Address 208 Oak St., Suite 204 Phone 488-1453 E-Mail rvezie@jeffnet.or City Ashland, Oregon Zip 97520 Phone 482-2660 E-Mail City Ashland, Oregon Zip 97520 PROPERTY OWNER Name Don Ferguson & Denise Kester Address 440 Helman St. SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER Title Name Phone E-Mail Add ress City Zip Title Name Phone E-Mail Add ress City Zip I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects, true and correct. I understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their location found to be incorrect the owner assumes full responsibility. I further understand that if this request is subsequently contested) the burden will be on me to establish: 1) that I produced sufficient factual evidence at the hearing to support this request; 2) that the findings of fact furnished justifies the granting of the request; 3) that the findings of fact furnished by me are adequate; and further 4) that al/ 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 rem at yexp e. I h ve an! doubts, I am advised to seek competent professional advice /;assistance. 3 2 /O? plicant's Signature Date I I this request, I have read and understood the complete application and its consequences to me as a property -------- '. ~/?j/C)/ Date / " ../:;7. //c~ IT 0 be completed by cny Slaff] & II ') Date Received 3 2- 0 4 Planning Action Type \!{I./ia./W:L / Zoning Permit Type olr{t P ~' C 1 ~7 /' Filing Fee $ ~/9g, UJlK 2fcf-zu;liD OVER >> ffn C:\DOCUME-l \hanksa\LOCALS-1 \Temp\Zoning Permit Appilcation Fonll.doc Owners Name: FERGUSON D HID G KESTER Customer #: 00124 RICHARD VEZIE Applicant: Address: Phone: Applied: 03/02/2009 Issued: 03/02/2009 Expires: 08/29/2009 Maplot: 391 E04CB6500 DESCRIPTION: Type I Variance $917.00 Boundry Line Adjustment $3041 P & E $917.00 VALUATION Occupancy Type Construction Units Rate Amt Contractor: Address: Phone: State Lic No: City Lie No: Sub-Co ntra eta r: Address: Phone: State Lie No: City Lie No: Actual Amt Constuction Description Total for Valuation: II I II II I MECHANICAL Fee Description Amount Fee Description Type I 2,138.00 II II I II 'I , I Amount II COMMUNITY DEVELOPMENT 20 East Main St. Ashland} OR 97520 www.ashland.or.us Tel: 541-488-5305 Fax: 541-488-5311 TTY: 800-735-2900 Inspection Request Line: 541-552-2080 CITY OF ASHLAND