HomeMy WebLinkAboutMountain S_767 (PA-2010-00053)
April 8, 2010
CITY Of
ASHLAND
Mark Knox
Urban Development Services
485 W Nevada St
Ashland OR 97520
Notice of Final Decision
On April 8, 2010, the Staff Advisor for the Ashland Planning Division administratively approved your request for the
following:
PLANNING ACTION: 2001-00053
SUBJECT PROPERTY: 767 South Mountain Avenue
OWNER/APPLICANT: Urban Development Services for Pokii Roberts
DESCRIPTION: A request for a Modification of the Subdivision Approval (PA #2004-00105) and Solar Variance for
the property located at 767 South Mountain Avenue to shade the adjacent property to the north located at 763 South
Mountain Avenue beyond that allowed by the solar setback standards outlined in Chapter 18.70 of the Ashland
Municipal Code. The property owner of 763 South Mountain Avenue has agreed to the proposed shadowing. The
application also includes a modification of the approved driveway location for 767 South Mountain Avenue.
COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-10; ASSESSOR'S MAP #: 39
1 E 16 AD; TAX LOTS: 3405
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 (ALUO) 18.108.070(B)(2)(b) and/or file an
appeal to the Ashland Planning Commission as provided in the ALUO 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 LUBA on that issue. Failure to specify which
ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of
the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient
specificity to allow this Department to respond to the issue precludes an action for damages in circuit court.
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 the Department of Community Development
between the hours of 8:00 am and 4:30 pm, Monday through Friday at (541) 488-5305.
cc: Bruce & Pokii Roberts 230 Piedmont Dr. Ashland OR 97520
Milan P Sigetich & Rebecca L. Reid 1036 Prospect St Ashland OR 97520
Property owners within 200 ft
DEPT. OF COMMUNITY DEVELOPMENT
20 E, Main Street
Ashland, Oregon 97520
www.ashland.or.us
Tel: 541-488,5305
Fax: 541,552-2050
TTY: 800-735-2900
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ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: 2001-00053
SUBJECT PROPERTY: 767 South Mountain Avenue
OWNER/APPLICANT: Urban Development Services, agent for owner Pokii Roberts
DESCRIPTION: A request for a Modification of the Subdivision Approval (P A #2004-00105) and Solar
Variance for the property located at 767 South Mountain Avenue to shade the adjacent property to the north
located at 763 South Mountain Avenue beyond that allowed by the solar setback standards outlined in
Chapter 18.70 of the Ashland Municipal Code. The property owner of 763 South Mountain Avenue has
agreed to the proposed shadowing. The application also includes a modification of the approved driveway
location for 767 South Mountain Avenue.
COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-I-I0;
ASSESSOR'S MAP #: 39 IE 16 AD; TAX LOTS: 3405
SUBMITTAL DATE:
DEEMED COMPLETE DATE:
STAFF APPROVAL DATE:
FINAL DECISION DATE:
APPROVAL EXPIRATION DATE:
February 12, 2010
March 5,2010
April 8, 2010
April 21, 2010
April 21, 2011
DECISION
The application originally requested a Modification of the Subdivision Approval (P A #2004-00105) and
Solar Access Variance for the property located at 767 South Mountain Avenue in order to shade the adjacent
property to the north located at 763 South Mountain Avenue beyond that allowed by the solar setback
standards outlined in Chapter 18.70 of the Ashland Municipal Code. The property owner of 763 South
Mountain Avenue had agreed to the proposed shadowing. The application also included a modification of
the approved driveway location for 767 South Mountain Avenue. Subsequent to the Notice of Complete
Application being mailed to surrounding property owners, neighbors Milan P. Sigetich and Rebecca L. Reid
of 1036 Prospect Street submitted a letter expressing a number of concerns with the proposed Solar Access
Variance. After meeting with the concerned neighbors, the applicants withdrew the request for a Solar
Access Variance and agreed to redesign the home to comply with the applicable solar access standards.
They asked that the proposed modification of the original subdivision approval be processed to allow the
proposed driveway location change and to accommodate the placement of a small (six foot by eight foot)
porch outside of the original building envelope.
The subj ect property is a vacant lot located at 767 South Mountain A venue, and is identified as Lot #4 in the
Mountain Pines Subdivision approved as Planning Action #2004-00105. The property is steeply sloped, and
has a number of established large trees. The subject property is a flag lot located on the west side of South
Mountain Avenue between Prospect and Wildwood Streets. The property has a width of 108.31 feet and a
depth of92.27 feet, and is zoned Single Family Residential (R-I-I0).
I
With the withdrawal of the previously requested Solar Access Variance, the application review is limited to
P A 2010-00053
767 Mountain Av S/dds
Page 1
the two relatively minor modifications requested: 1) a relocation of the driveway; and 2) a slight
modification to the building envelope to accommodate a small (sixfoot by eightfoot) porch at the southeast
comer. Approvals through the Subdivision Chapter (AMC 18.80) generally involve the evaluation of public
improvements including street improvements, utility design for sewer, water, electric, etc.; grading plans;
and lot layout. In this instance, these items have all been addressed through the original subdivision
approval and the proposed modifications appear to involve little or no impact in terms of the applicable
subdivision approval criteria.
The application materials note that the proposed modification t,o the driveway location is an attempt to create
a more formal entrance while better utilizing the home's primary floor level, and as such the applicants
propose to relocate the driveway approximately 35 feet to the north of its previously approved location. The
application notes that this will allow the home's garage to sit under the house in a daylight basement while
retaining the upper floor area as primary living space. The applicant contends that this relocation has no
impact on the site's natural features and will allow the use of the less desirable basement space for a garage.
In staffs view, the relocation also provides the benefit of not placing the driveway directly across from the
driveway of the lot to the east, thereby potentially reducing potential conflicts for drivers backing out of
garages directly opposite one another.
The proposed porch is small, while adequately sized to remain functional, and is located in a notch at the
southeastern portion of the previously approved building envelope. The porch does not extend beyond the
fa<;ade line established in the remaining envelope area to the north, and at 15 feet from the edge of the
driveway and 25 feet from the front property line, it more than complies with the setback requirements ofthe
underlying zoning district.
The criteria for a Solar Variance are described in AMC 18.70.060 as follows:
A. Variances to this Chapter shall be processed as a Type I procedure, except that variances
granted under subsection B of this Section may be processed as a Staff Permit.
B. A variance may be granted with the following findings being the sole facts considered by the
Staff Advisor:
1. That the owner or owners of all property to be shaded, sign and record with the
County Clerk on the affected properties' deed, a release form supplied by the City,
which contains the following information:
a. The signatures of all owners or registered leaseholders who hold an interest
in the property in question.
b. A statement that the waiver applies only to the specific building or buildings
to which the waiver is granted.
c. A statement that the solar access guaranteed by this Section is waived for
that particular structure and the City is held harmless for any damages
resulting from the waiver.
d. A description and drawing of the shading which would occur, and
2. The Staff Advisor finds that:
a. The variance does not preclude the reasonable use of solar energy on the
site by future buildings; and
b. The variance does not diminish any substantial solar access which benefits a
habitable structure on an adjacent lot.
c. There are unique or unusual circumstances which apply to this site which do
not typically apply elsewhere.
P A 2010-00053
767 Mountain Av S/dds
Page 2
The criteria for Subdivision approval are described in AMC 18.80.040 as follows:
A. Submission. The subdivider shall submit eight (8) copies of a preliminary plat and other
supplementary material as may be required to indicate the general program and objectives
of the project to the office of the Director of Public Works, The plat shall be prepared by a
registered surveyor.
Scale. The preliminary plat shall be drawn on a sheet eighteen (18) inches by twenty-four
(24) inches in size at a scale no smaller than one (1) inch equals one hundred (100) feet.
General information. The following general information shall be shown on the preliminary
plat:
1.
B.
C.
2.
3.
4.
Proposed name of the subdivision, which must not duplicate nor resemble the name
of another subdivision in Jackson County and shall be approved by the Planning
Commission.
Date, north point, and scale of drawing.
Appropriate identification clearly stating the map is a preliminary plat.
Location of the subdivision sufficient to define the location and boundaries of the
proposed tract.
Names and addresses of the owner, subdivider, and surveyor.
5.
D. Existing conditions. The following existing conditions shall be shown on the preliminary plat:
1. The location, width, and names of all existing or platted streets within or adjacent to
the tract, together with easements and other important features, such as section
lines and corners, and monuments.
2. Location and direction of all watercourses and areas subject to flooding.
3. Natural features such as rock outcroppings, marshes, wooded areas, and isolated
preservable trees.
4. Existing uses of the properly, including location of all existing structures to remain on
the properly after platting.
5. Zoning on and adjacent to the tract.
6. Contours at an interval of five (5) feet.
F. Land division - proposed plan. The following information shall be included on the preliminary
plat.
1. The location, width, names and approximate grades of streets, and the relationship
of the streets to any projected streets as shown on any development plan adopted
by the Planning Commission, or ifthere is no development plan, as suggested by the
City to assure adequate traffic circulation.
2. The location and purpose of easements.
3. The location, approximate dimensions, and proposed lot and block numbers, for all
lots and blocks.
4. Sites, if any, allocated for purposes other than single family dwellings.
G. Parlial development. Where the plat to be subdivided contains only part of the tract owned
or controlled by the subdivider, the Planning Commission may require a Master Plan for the
unsubdivided porlion.
H. Explanatory information. The following information shall be submitted in separate statements
accompanying the preliminary plat or, if practicable, shall be shown on the preliminary plat:
1. A vicinity map, showing existing subdivisions, streets, and unsubdivided land
adjacent to the proposed subdivision and showing how proposed streets may be
extended to connect with the existing streets.
2. Proposed deed restrictions, if any, in outline form.
3. Where there are slopes in excess of ten (10) percent within the area to be
PA 2010-00053
767 Mountain Av S/dds
Page 3
subdivided, a preliminary grading plan may be required by the Planning Commission.
A grading plan should show existing and finished grades on lots and streets
proposed to be graded. Before grading can begin, the grading plan shall be
approved by the Planning Commission, which may request a review and report from
the City Engineer.
I. Tentative approval.
1. Within thirty (30) days from the first regular Planning Commission meeting following
submission of the plat, the Planning Commission will review the plan and may give
tentative approval of the preliminary plat as submitted or as it may be modified or, if
disapproved, shall express its disapproval and its reasons therefor.
2. Approval of the preliminary plat shall indicate the Planning Commission's approval of
the final plat provided there is no change in the plan of subdivision as shown on the
preliminary plat and there is full compliance with the requirements of this Title.
3. The action of the Planning Commission shall be noted on two (2) copies of the
preliminary plat, including reference to any attached documents, describing
conditions. One (1) copy shall be returned to the subdivider and the other retained
by the Planning Commission.
The application with the attached conditions complies with all applicable City ordinances.
The proposed Solar Access Variance request has been withdrawn from the application, and is not approved
here. The modifications to the driveway location and building envelope proposed as Planning Action 2010-
00053 are 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 2010-00053 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 specifically modified
herein.
2) That all conditions of Planning Action #2004-00105 shall remain in effect unless specifically modified
herein.
2) That the proposed home to be constructed on the subject property shall comply with Solar Access
Standard B. The building permit submittals shall include calculations demonstrating compliance
with the requirements of the Solar Ordinance (AMC 18.70) in the requisite formula ((Height _
16)/(0.445 + Slope) = Required Solar Setback). All shadow producing points and their heights to the
natural grade below shall be clearly identified in the building permit submittals.
April 8th, 2010
Date
PA 2010-00053
767 Mountain Av S/dds
Page 4
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PA-201 0-00053 391 E16AA 2400 PA-2010-00053 391E16AD 3402 PA-2010-00053 391E16AD 3407
BERGSTROM A T/PENNY AUSTIN CLEGG L YNN/GEORGETTE B COCHRANE CHARLES A IRA ET AL
760 GLENWOOD DR 755 MOUNTAIN AVE PO BOX 1784
ASHLAND OR 97520 ASHLAND OR 97520 MEDFORD OR 97501
PA-201 0-00053 391 E16AD 6500 PA-2010-00053 391E16AD 3900 PA-2010-00053 391 E15BB 5002
COTTON CHRISTOPHER ET AL D'OLlVO MARK ELDRIDGE JONATHAN D/DORR
780 MOUNTAIN AVE 804 BEACH ST PATRICIA YOSHIK
ASHLAND OR 97520 ASHLAND OR 97520 738 MOUNTAIN AVE
ASHLAND OR 97520
PA-201 0-00053391 E16AD 4100 PA-2010-00053 391E16AD 3100 PA-2010-00053 391 E16AD 2900
GORDON ROBERT S GURWELL JULIA K HERING WILLIAM TRUSTEE ET AL
1025 WILDWOOD WAY 1047 WILDWOOD WAY 1071 WILDWOOD WAY
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2010-00053 391 E16AA 2304 PA-2010-00053 391E16AD 3200 PA-2010-00053 391 E16AD 4000
HOPKINS RANDALL A TRUSTEE LITTLE JOHN D TRUSTEE ET AL LYONS ALAN LOUIS
735 S MOUNTAIN AVE 807 MOUNTAIN AVE 890 BEACH ST
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2010-00053 391 E16AD 3904 PA-2010-00053 391E16AD 3800 PA-2010-00053 391E16AD 3700
MASLOW JENNIFER MILLER MERRILY D TRUSTEE ET AL MUEGGLER MARY JO TRUSTEE ET AL
2200 OLD SISKIYOU HWY 99 S 800 BEACH ST 790 S BEACH ST
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2010-00053 391 E16AA 2402 PA-2010-00053 391 E16AA 2302 PA-2010-00053 391E16AA 2301
NORMAN GORDONAETAL PHELPS BRIAN/KAREN PHILLIPS PHILIP/KATHERINE
1043 PROSPECT ST 749 MOUNTAIN AVE 1063 PROSPECT ST
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2010-00053 391 E16AD 3400 PA-2010-00053 391 E16AD 3405 PA-2010-00053 391 E16AD 3406
PHOENIX JOY L TRUSTEE ET AL ROBERTS ANTOINETTE M ROBERTS ANTOINETTE MIRA ET AL
2140 EL CAMINO RINCONADO 230 PIEDMONT DR PO BOX 1784
TUCSON AZ 85749 ASHLAND OR 97520 MEDFORD OR 97501
PA-2010-00053 391E16AA 2600 PA-2010-00053 391E16AD 3404 PA-2010-00053 391E16AD 3403
, ROBERTS EVAN TRUSTEE ET AL ROBERTS HILLERY B SCEVA STEPHANIE L ET AL
751 GLENWOOD DR 230 PIEDMONT DR 2440 NW CRESTLlNE DR
ASHLAND OR 97520 ASHLAND OR 97520 OLYMPIA WA 98502
PA-2010-00053 391 E16AD 3701 PA-2010-00053 391E16AD 3401 PA-2010-00053 391E16AA 2305
SIGETICH MILAN P/R L REID STALLMAN ANDREW M/JEANNE M STANEK CHRISTOPHER J/WENDI
1036 PROSPECT ST 789 S MOUNTAIN AVE 720 GLENWOOD DR
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2010-00053 391 E16AA 2401 PA-2010-00053 391E16AD 101 PA-2010-00053 391 E16AA 2703
TAYLOR JEAN WARREN JON WORKMAN ANGELA J/WEEDEN
734 GLENWOOD DR 1120 PROSPECT ST DERRICK LEE
ASHLAND OR 97520 ASHLAND OR 97520 775 GLENWOOD DR
ASHLAND OR 97520
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DEV LOPMENT SERVICES, LLC
LAND USE PLANNING AND DEVELOPMENT SERVICES
City of Ashland
Planning Department
Attn: Derek Severson
59 Winburn Way
Ashland, OR 97520
April 7, 2010
Subject: 767 South Mountain Avenue, Mountain Pines Subdivision, Lot #4
Tax Lot 391E 16AD 3405 - ADDENDUM #2
Derek,
In response to the March 19th, 2010, letter received by the Planning Department from Mr.
Sigetich and Mrs. Reid, 1036 Prospect Street, the applicants and future residents of the proposed
home on this property have decided to significantly amend their application by eliminating an
entire floor of the proposed home and thus the need for the Solar Access Variance. The
applicants are aware of the neighbors concerns and because there is much history between the
neighbors and the creation of this subdivision, which the applicants were apart of, they simply
desire to address the neighbors concerns raised and hope the neighbors respect their efforts.
As such, the application submitted on January 15th, 2010 and amended on February 19th, 2010 is
hereby amended again. As noted, the amendment completely eliminates the request for a Solar
Access Waiver (Variance), but retains the request for a modification of the building envelope to
allow the driveway to shift from the southeast side of the home to the northeast side. In addition,
the applicants request a slight modification of the building envelope in an attempt to create a
more aesthetic and functional entrance (see attached Site Plan) and to better utilize the house's
primary floor level. The original approved site plans shows a driveway entrance (not part of the
building envelope) where the proposed entrance is now desired. Instead, the property owners
would like to amend the envelope to accommodate the desired entrance and to shift the driveway
from its current location to the northeast side of the building envelope which allows for the
home's garage to sit "under" the house where it is less desirable living space (daylight basement
area) and retain the upper floor area as primary living space. This is best illustrated with the
attached East Elevation drawing.
The applicant and property owners contend the modification has no impact on the site's natural
features as all of the possible disturbances continue to remain "outside" the identified tree
protection zones. The applicant contends the original driveway design was likely a mistake or
was designed to attract a certain buyer with accessibility issues where they could park "inside" a
1
garage at the "same level" of the primary floor. Although understandable, in this case, the
property owners would rather maintain the home's primary level as livable space and dedicate
the less desirable space to the garage. In times of inclement weather, the property owners could
still easily access the primary entrance at the same level by parking in the already approved
single guest parking space located south of the proposed home.
Overall, the applicants contend the original solar request was justifiable and met the intent of the
Solar Access ordinance and would have been eventually approved by the Planning Staff or the
Planning Commission on appeal, but the reality is the applicant's no longer desire to be
considered "developers" by their neighbors, but instead reasonable and understanding home
owners wishing to obtain the neighborhoods respect. In order to do that and build a home that
suits their needs, the slight envelope adjustment and driveway relocation is needed - both of
which have no impact on any of the neighbors, the site's trees or any unique physical
characteristics of the site.
Attached are amended Findings of Fact as well as the revised site plan showing the envelope's
modification and a cross section of the home showing how it now complies with the Solar
Access Ordinance, Chapter 18.70. of the Ashland Municipal Code.
Sincerely,
Mark Knox
2
Findings of Fact
767 South Mountain Avenue, Mountain Pines Subdivision, Lp~~4!
Tax Lot 391E 16AD 3405 - ADDENDUM #2 r\ \ '"
Modification of Subdivision
Proposal: A request for a modification of the building envelope for a small approximate 48 sq. ft.
front porch and to shift the driveway from the southeast side of the home to the northeast side.
Findings: The planning approvals of the Mountain Pines Subdivision and the creation of Lot #4
were processed as a Subdivision, under Chapter 18.80 of the Ashland Municipal Code (Planning
Action 2004-105). As noted in the subdivision's Findings of Fact and Conclusions of Law, Page
10, Purpose of Application, "The City Council observes that subdivisions are governed by
precise design and development standards and that no "approval criteria" per se, exist in the
ALva which are prerequisite to the approval of a preliminary subdivision plat". As such, in an
attempt to justify the request for a building envelope modification, the applicants have attempted
, to list all of the applicable standards of Chapter 18.80 in an attempt to be thorough as well as to
expedite the land use process.
18.80.020 Design Standards
A. Acceptability - principles: The subdivision shall conform with any development plans
and shall take into consideration any preliminary plans made in anticipation thereof. The
subdivision shall conform with the requirements of State laws and the standards
established by this Chapter.
To the best of the applicants understanding, all State laws and standards established by Chapter
18.80 have been complied with. The proposed changes have absolutely no impact on the site's
many trees nor does it affect any immediate neighbors. The proposed changes are fairly benign
as the two changes requested are located on the east side of the subject parcel, on the opposite
side of the area's existing neighbors and could have easily been part of the original application's
approval.
B. Streets: The Street Standards in Chapter 18.88, Performance Standards Options, shall
apply to developments under this chapter.
1. Reserve Strips. Reserve strips or street plugs shall be created to control access onto any
street which terminates upon any undeveloped land through which the street might
logically extend. In such cases, the street shall be provided to within one foot of the
boundary line of the tract with the remaining one foot being granted in fee to the City as a
reserve strip. Upon approved dedication of the extension of the affected street, the one-foot
reserve strip shall be dedicated by the City to the public use as a part of said street. This
dedication will be automatic and without further action by the City. This action shall also
apply retroactively to all previously created reserve strips where the streets have been
extended and dedicated for street purposes. (Ord. 2436, 1987)
Not applicable as no streets are proposed with this application request.
2. Alignment. All streets as far as is practical shall be in alignment with the existing streets
by continuation of the center lines thereof. The staggering of street alignment resulting in
3
"T" intersections shall wherever practical leave a minimum distance of 125 feet between
the center lines of streets.
Not applicable as no streets are proposed with this application request.
3. Future extension of streets. Where necessary to give access to or permit a satisfactory
subdivision of adjoining land, streets shall be extended to the boundary of the subdivision
and the resulting dead-end streets may be approved without a turnaround. Reserve strips
and street plugs may be required to preserve the objectives of street extensions.
Not applicable as the applicants are not proposing to subdivide the property, but rather modify
the building envelope for a single lot, Lot #4. No future streets are anticipated.
4. Intersection angles. Streets shall be laid out to intersect at an angle as near to a right
angle as practical, except where topography requires a lesser angle. Property lines at
intersections with arterial streets shall have a minimum corner radius of twenty (20) feet
and property lines at other street and alley intersections shall have a minimum corner
radius adequate to allow sidewalk and utility space and a curb radius often (10) feet.
Not applicable as no streets are proposed with this application request.
5. Existing streets. Whenever existing streets adjacent to or within a tract are of inadequate
width, additional right-of-way shall be provided at the time of subdivision.
Not applicable as no streets are proposed with this application request. All street improvements
were installed at the time of the original plat approval.
6. Frontage and limited access roads may be required as defined in Sections 18.72.040(L)
and 18.72.040(M) of this Title.
Unfortunately, Sections 18.72.040(L) and 18.72.040(M) of this title (Land Use Code) do not
exist and appears to be an error in the codification. Nevertheless, the applicants are not proposing
to change their access location from the adjacent public street (Mountain Avenue), but instead
the private drive as they shift the driveway's location from the southeast side of the building
envelope to the northeast side.
7. Access to subdivision. All major means of access to a subdivision or major partition shall
be from existing streets fully improved to City standards, and which, in judgment of the
Director of Public Works, have the capacity to carry all anticipated traffic from the
development.
Not applicable as the applicants are not proposing to subdivide, but rather modify the building
envelope. No future streets are anticipated.
8. Half streets. Half streets, while generally not acceptable, may be approved when essential
to the reasonable development of the subdivision, when in conformity with the other
requirements of these regulations, and when the Planning Commission finds it will be
practical to require the dedication of the other half when the adjoining property is
subdivided. Whenever a half street is adjacent to a tract to be subdivided, the other half of
4
the street may be platted within such tract. Reserve strips and street plugs may 1W1:ftAyil1'~J
to preserve the objectives of the half streets. ' ",
Not applicable as the applicants are not proposing to subdivide, but
envelope. No future streets are anticipated.
9. Cul-de-sacs. A cul-de-sac shall be as short as possible and shall have a maximum length
of five hundred (500) feet. All cul-de-sacs shall terminate with a circular turnaround unless
alternate designs for turning and reversing direction are approved by the Planning
Commission.
Not applicable as the applicants are not proposing to subdivide, but rather modify the building
envelope. No future streets are anticipated.
10. Street names. No street name shall be used which will duplicate or be confused with the
names of existing streets in Ashland and vicinity except for extensions of existing streets.
Streets which are an extension of, or are in alignment with, existing streets shall have the
same name as the existing street. Street names and numbers shall conform to the
establishment pattern for the City and shall be subject to the approval of the Planning
Commission.
Not applicable as the applicants are not proposing to subdivide, but rather modify the building
envelope. No future streets are anticipated.
11. Streets adjacent to railroad right-of-way. Wherever the proposed subdivision contains
or is adjacent to a railroad right-of-way, provision may be required for a street
approximately parallel to and on each side of such right-of-way at a distance suitable for
the appropriate use of the land between the streets and the railroad. The distance shall be
great enough to provide sufficient depth to allow screen planting along the railroad right-
of-way.
Not applicable as the applicants are not proposing to subdivide nor is it near any railroad right-
of-way. No future streets are anticipated.
C. Easements.
1. Utility lines. Easements for sewers, water mains, electric lines, or other public utilities
shall be dedicated wherever necessary. The easements shall be a minimum of ten (10) feet
in width.
All utilities and easements were installed at the time of the initial subdivision. The proposal will
no have any conflict with utilities or easements.
2. Watercourses. Where a subdivision is traversed by a watercourse such as a drainage
way, channel, or stream, there shall be provided a storm water easement or drainage right-
of-way conforming substantially with the lines of the watercourse, and such further width
as will be adequate for the purpose. Streets or parkways parallel to major watercourses
may be required.
Not applicable as the applicants are not proposing to subdivide nor is it near any watercourses.
No future streets are anticipated.
5
D. Lots.
1. Lots shall meet the requirements of the zone in which the subdivision is IOt~~f :J:!\W'Jhd
minimum standards shall apply with the following exceptions: .
The subject lot exists and was created with the initial subdivision. The subject lot, Lot #4,
complies with all zoning standards for this zoning district.
a. In areas that will not be served by a public sewer, minimum lot size shall be increased to
conform with the requirements of the County Health Department and shall take into
consideration problems of water supply and sewer disposal.
Not applicable as the subject lot is already existing and public utilities are readily available.
b. Minimum lot standard shall not conflict with City zoning standards.
The subject lot already exists and complies with City zomng standards. No Variance or
exceptions are proposed with this application.
c. Where property is zoned and planned for industrial or business use, other standards
may be permitted at the discretion of the Planning Commission. Depth and width of
properties reserved or laid out for commercial and industrial purposes shall be adequate to
provide for the off-street service and parking facilities required by the type of use and
development contemplated.
Not applicable as the subject lot is zoned residential and the proposal is for a residential dwelling
unit.
2. Access. Each lot shall abut upon a street, other than an alley, for a width of at least forty
(40) feet, except in the case of lots located upon the curved portion of cul-de- sacs or
knuckles, or in the case where topography warrants a narrower width. In no case shall a lot
abut upon a street for a width of less than twenty-five (25) feet.
The subject lot exists and was created with the initial subdivision. The subject lot, Lot #4,
complies with all zoning standards for this zoning district.
3. Through lots. Through lots shall be avoided except where essential to provide separation
or residential development from major traffic arteries or adjacent nonresidential activities
or to overcome specific disadvantages of topography and orientation. A planting screen
easement of at least ten (10) feet, across which there shall be no right of access, may be
required along the line of lots abutting such a traffic artery or other disadvantageous use.
Through lots with planting screens shall have a minimum average depth of one hundred
ten (110) feet.
Not applicable. The subject lot exists and was created with the initial subdivision. The subject
lot, Lot #4, complies with all zoning standards for this zoning district.
4. Lot side lines. The side lines of lots, as far as practicable, shall run at right angles to the
street upon which the lot faces.
6
Not applicable. The subject lot exists and was created with the initial subdivision. The.~Rbjbb\
lot, Lot #4, complies with all zoning standards for this zoning district.
E. Lot grading. Lot grading shall conform to the following standJilft!P4I:ft.U;Y'fipt\~~i~Mounty,.._.-
conditions demonstrate the propriety of other standards.
1. Cut slopes shall not be steeper than one and one-half (1 ~) feet horizontall~ to one (1)
foot verticall~.
Cut slopes will not be steeper than one and one-half (1 'ij,) feet horizontally to one (1) foot
vertically.
2. Fill slopes shall not be steeper than two (2) feet horizontally to one (1) foot vertically.
Fill slopes will not be steeper than two (2) feet horizontally to one (1) foot vertically.
3. Cut slopes and fill slopes along side and rear lot lines shall be planted with ground cover
and shrubs or trees, or by some other method approved by the City.
Cut slopes and fill slopes along side and rear lot lines will be planted with ground cover and
shrubs or trees.
F. Large lot subdivision. In subdividing tracts into large lots which at some future time are
likely to be re-subdivided, the Planning Commission may require that the blocks shall be of
a size and shape, be divided into lots and contain building site restrictions to provide for
extension and opening of streets at intervals which will permit a subsequent division of
each parcel into lots of smaller size.
Not applicable. The subject lot exists and was created with the initial subdivision. The subject
lot, Lot #4, complies with all zoning standards for this zoning district.
G. Land for public purposes.
1. The Planning Commission may require the reservation for public acquisition, at a cost
not to exceed acreage values in the area prior to subdivision, of appropriate areas within
the subdivision for a period not to exceed one (1) year, providing the City knows of an
intention on the part of the State Highway Commission, school district or other public
agency to acquire a portion of the area within the proposed subdivision for a public
purpose, including substantial assurance that positive steps will be taken in the reasonable
future for the acquisition.
Not applicable. The subject lot exists and was created with the initial subdivision.
2. The Planning Commission may require the dedication of suitable areas for the parks and
playgrounds that will be required for the use of the population which is intended to occupy
the subdivision.
Not applicable. The subject lot exists and was created with the initial subdivision.
H. Landscaping. The Planning Commission shall ensure that lot coverage requirements of
7
the zoning district are met appropriately. If lot disturbance exceeds the pJr~~n~aiJ
allowable, the subdivider shall submit as part of the Final Plat procedure, a landscaping
plan to be approved by the Commission, and which will conform with the)etter ftilCr rn~Ii.~land
of the zone district requirements, the slope requirements in the General i~glatiohYf~,J'this~"CountY~"~~"rr
Title, and any other applicable section. Performance shall be assured in accordance with
Section 18.80.050 of this Chapter.
Not applicable. The subject lot exists and was created with the initial subdivision. All
landscaping will occur within a reasonable time after the home has been constructed and all site
disturbance has been completed.
I. Exceptions - large scale development. The Planning Commission may modify the
standards and requirements of this Chapter if the subdivision plat comprises a complete
neighborhood unit, a large scale shopping center, or a planned industrial area. The
Planning Commission shall determine that such modifications are not detrimental to the
public health, safety, and welfare and that adequate provision is made within the
development for traffic circulation, open space, and other features that may be required in
the public interest.
Not applicable. The subject lot exists and was created with the initial subdivision.
J. The Planning Commission may modify the standards and requirements of this Chapter
where the applicant presents innovative design concepts that will assist in providing livable
housing at reasonable cost. Such modifications of standards shall be made only in
conformance with the intent of this Chapter, and in conformance with all applicable
portions of this Title.
The modifications proposed herein are in compliance with this Chapter and all portions of this
Title. No Variances or exceptions are being requested. The applicants' request is for a
modification of the building envelope for a small, approximate 48 sq. ft., front porch and to shift
the driveway from the southeast side of the home to the northeast side - all of which complies
with the development standards for this zone.
8
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March 19, 2010
Planning Department
City of Ashland
Attn: Derek Severson
59 Winburn Way
Ashland, OR 97520
Regarding: Planning action 2010-00053: Application for solar variance, 767 South Mountain, Lot
#4, Tax lot 391E 16AD 3405
To Whom it May Concern:
We wish to express our concern with and opposition to the referenced request for a solar variance at 767 S.
Mountain. There are several reasons we believe the variance should not be granted.
First, there is simply no good reason for allowing the variance that would cast deep shade on the property
to the north, 763 S. Mountain. The fact that the existing trees on 763 S. Mountainpartially shade the lot
serves only to reinforce the fact that a disallowed (without a variance) structure should not be allowed to
create additional, unnecessary shade. Convenience of the owner of 767 S. Mountain is not a sufficient
reason to allow a variance to the city's solar variance requirements. More formally, the City code requires
that, for a solar access variance to be granted, the staff advisor must find that (18.70.060 B., 2., c) "There
are unique or unusual circumstances which apply to this site which do not typically apply elsewhere." The
site at 767 S. Mountain unquestionably involves no "unique or unusual circumstances."
Secondly, as was stated in his letter to Mr. Knox of 2/12/2010, Associate Planner Severson noted that the
proposed building could be moved seven or eight feet to the south and still be within the building envelope.
On behalf of the applicant, Mr. Knox's reply was that doing so would require additional earthmoving and
retaining, and that it would be closer to the madrone tree to the south. Indeed, it would require additional
earthmoving and retaining, but even a casual inspection of the area clearly indicates that the additional effort
is quite modest relative to that which has already been done to the property . Avoiding earthmoving is not,
in our opinion, sufficient reason to grant a variance that would result in additional shading of a neighbor
property. If the proposed house were moved to the south border of the building envelope, the madrone tree
would still be more than 25 feet from the structure. At more than 25 feet distant, it would clearly not be
compromised in any way.
Even if a variance were to be granted allowing the property at 763 S. Mountain to be further shaded by a
building, such variance should be granted by an individual who intends to live on the property. Here, in
contrast, are developers-owners whose interests are in the resale of Mountain Pines parcels, as the
Robertses have been since the beginning. Granting of a variance should be an arms' -length transaction, not
one given by related parties to facilitate construction of a not-otherwise-confonning building. We have solar
heated water ourselves. We would certainly have been very dissatisfied had a previous owner-developer
compromised our access to sunlight anywhere on our property merely to approve a "too-tall' building on an
adjoining lot.
Finally, we share Derek Severson's concern that the proposed building, in fact, appears to contain three
stories, and we would like to be assured that the 2 ~ -story height limit he references is adhered to.
Please keep us informed about the progress on and disposition of this matter.
Thank you, ,/,,,.-
IJn 6'0 OJ s;;?-
/l~~cc?- ('/tu/
Milan P. Sigetich
Rebecca L. Reid
1036 Prospect Street
Ashland, OR
Planning Department, 51 Wirh. _, /1 Way, Ashland, Oregon 97520
541-488-5305 Fax: 541-552-2050 www,ashland,or.us TTY: 1-800-735-2900
CITY OF
LAN
NOTICE OF APPLICATION
PLANNING ACTION: 2010-00053
SUBJECT PROPERTY: 767 South Mountain Avenue
OWNER/APPLICANT: Urban Development Services for Pokii Roberts
DESCRIPTION: A request for a Modification of the Subdivision Approval (PA #2004-00105) and Solar Variance
for the property located at 767 South Mountain Avenue to shade the adjacent property to the north located at 763
South Mountain Avenue beyond that allowed by the solar setback standards outlined in Chapter 18.70 of the
Ashland Municipal Code. The property owner of 763 South Mountain Avenue has agreed to the proposed
shadowing, The application also includes a modification of the approved driveway location for 767 South Mountain
Avenue, COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-10; ASSESSOR'S
MAP #: 39 1 E 16 AD; TAX LOTS: 3405
NOTICE OF COMPLETE APPLICATION: March 8,2010
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: March 22, 2010
PA #2010..()0053
PROPERTY REQUESTING SOLAR VARIANCE
..../<<'
The Ashland Planning Division 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 Division, 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 completeness, a
notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period, After the
comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the
application, A notice of decision is mailed to the same properties within 5 days of decision, An appeal to the Planning Commission of the Planning
Division Staff's decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision, (AMC
18,108,040)
The ordinance criteria applicable to this application are attached to this notice, Oregon law states that failure to raise an objection concerning this
application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right
of appeal to the Land Use Board of Appeals (LUBA) on that issue, Failure to specify which ordinance criterion the objection is based on also precludes
your right of appeal to LUBA on that criterion, Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval
with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court,
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 Division, 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 Division at 541-488-5305,
+
G:lcomm-devlplanninglNotices Mailed\20 1 0\20 1 0-00053 ,doc
SUBDIVISION CRITERIA
18.80.040 Preliminary Plat
A. Submission. The subdivider shall submit eight (8) copies of a preliminary plat and other supplementary material as may be required to indicate the
general program and objectives of the project to the office of the Director of Public Works. The plat shall be prepared by a registered surveyor.
B. Scale. The preliminary plat shall be drawn on a sheet eighteen (18) inches by twenty-four (24) inches in size at a scale no smaller than one (1) inch
equals one hundred (100) feet.
C. General information. The following general information shall be shown on the preliminary plat:
1. Proposed name of the subdivision, which must not duplicate nor resemble the name of another subdivision in Jackson County and shall be approved
by the Planning Commission.
2. Date, north point, and scale of drawing.
3. Appropriate identification clearly stating the map is a preliminary plat.
4. Location of the subdivision sufficient to define the location and boundaries of the proposed tract.
5. Names and addresses of the owner, subdivider, and surveyor.
D. Existing conditions. The following existing conditions shall be shown on the preliminary plat:
1. The location, width, and names of all existing or platted streets within or adjacent to the tract, together with easements and other important features,
such as section lines and corners, and monuments.
2. Location and direction of all watercourses and areas subject to flooding.
3. Natural features such as rock outcroppings, marshes, wooded areas, and isolated preservable trees.
4. Existing uses of the property, including location of all existing structures to remain on the property after platting.
5. Zoning on and adjacent to the tract.
6. Contours at an interval of five (5) feet.
F. Land division - proposed plan. The following information shall be included on the preliminary plat.
1. The location, width, names and approximate grades of streets, and the relationship of the streets to any projected streets as shown on any
development plan adopted by the Planning Commission, or if there is no development plan, as suggested by the City to assure adequate traffic
circulation.
2. The location and purpose of easements.
3. The location, approximate dimensions, and proposed lot and block numbers, for all lots and blocks.
4. Sites, if any, allocated for purposes other than single family dwellings.
G. Partial development. Where the plat to be subdivided contains only part of the tract owned or controlled by the subdivider, the Planning Commission may
require a Master Plan for the unsubdivided portion.
H. Explanatory information. The following information shall be submitted in separate statements accompanying the preliminary plat or, if practicable, shall be
shown on the preliminary plat:
1. A vicinity map, showing existing subdivisions, streets, and unsubdivided land adjacent to the proposed subdivision and showing how proposed
streets may be extended to connect with the existing streets.
2. Proposed deed restrictions, if any, in outline form.
3. Where there are slopes in excess of ten (10) percent within the area to be subdivided, a preliminary grading plan may be required by the Planning
Commission. A grading plan should show existing and finished grades on lots and streets proposed to be graded. Before grading can begin, the
grading plan shall be approved by the Planning Commission, which may request a review and report from the City Engineer.
I. Tentative approval.
1. Within thirty (30) days from the first regular Planning Commission meeting following submission of the plat, the Planning Commission will review the
plan and may give tentative approval of the preliminary plat as submitted or as it may be modified or, if disapproved, shall express its disapproval
and its reasons therefor.
2. Approval of the preliminary plat shall indicate the Planning Commission's approval of the final plat provided there is no change in the plan of
subdivision as shown on the preliminary plat and there is full compliance with the requirements of this Title.
3. The action of the Planning Commission shall be noted on two (2) copies of the preliminary plat, including reference to any attached documents,
describing conditions. One (1) copy shall be returned to the subdivider and the other retained by the Planning Commission.
(ORD 2052,1979)
SOLAR WAIVER CRITERIA
18.70.060.B.2 Approval Criteria
2. The Staff Advisor finds that:
a. The variance does not preclude the reasonable use of solar energy on the site by future buildings; and
b. The variance does not diminish any substantial solar access which benefits a habitable structure on an adjacent lot.
c. There are unique or unusual circumstances which apply to this site which do not typically apply elsewhere.
G:\comm-dev\planninglNotices Mailed\20 1 0\201 0-00053 .doc
Easy Peel@ Labels
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P A-20 10-00053 391 E 16AA 2400
BERGSTROM A T/PENNY AUSTIN
760 GLENWOOD DR
ASHLAND OR 97520
PA~2010-00053 391E16AD 6500
COTTON CHRISTOPHER ET AL
780 MOUNTAIN AVE
ASHLAND OR 97520
P A-20 10-00053 391 E 16AD 4100
GORDON ROBERT S
1025 WILDWOOD WAY
ASHLAND OR 97520
PA-2010-00053 391 E16AA 2304
HOPKINS RANDALL A TRUSTEE
735 S MOUNTAIN AVE
ASHLAND OR 97520
PA-2010-00053 391 E16AD 3904
MASLOW JENNIFER
2200 OLD SISKIYOU HWY 99 S
ASHLAND OR 97520
PA-2010-00053 391 E16AA 2402
NORMAN GORDON A ET AL
1043 PROSPECT ST
ASHLAND OR 97520
PA-2010-00053 391 E16AD 3400
PHOENIX JOY L TRUSTEE ET AL
2140 EL CAMINO RINCONADO
TUCSON AZ 85749
P A-20 10-00053 391 E 16AA 2600
ROBERTS EVAN TRUSTEE ET AL
751 GLENWOOD DR
ASHLAND OR 97520
PA-2010-00053 391 E16AD 3701
SIGETICH MILAN P/R L REID
1036 PROSPECT ST
ASHLAND OR 97520
P A- 201 0-00053 391 E 16AA 2305
STANEK CHRISTOPHER J/WENDI
720 GLENWOOD DR
ASHLAND OR 97520
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CLEGG LYNN/GEORGETTE B
755 MOUNTAIN AVE
ASHLAND OR 97520
PA-2010-00053 391E16AD 3900
D'OLlVO MARK
804 BEACH ST
ASHLAND OR 97520
PA-2010-00053 391E16AD 3100
GURWELL JULIA K
1047 WILDWOOD WAY
ASHLAND OR 97520
PA-2010-00053 391E16AD 3200
LITTLE JOHN D TRUSTEE ET AL
807 MOUNTAIN AVE
ASHLAND OR 97520
PA-2010-00053 391 E16AD 3800
MILLER MERRILY D TRUSTEE ET AL
800 BEACH ST
ASHLAND OR 97520
PA-2010-00053 391E16AA 2302
PHELPS BRIAN/KAREN
749 MOUNTAIN AVE
ASHLAND OR 97520
PA-2010-00053 391 E16AD 3405
ROBERTS ANTOINETTE M
230 PIEDMONT DR
ASHLAND OR 97520
PA-2010-00053 391E16AD 3404
ROBERTS HILLERY B
230 PIEDMONT DR
ASHLAND OR 97520
PA-2010-00053 391E16AD 3401
STALLMAN ANDREW M/JEANNE M
789 S MOUNTAIN AVE
ASHLAND OR 97520
PA-2010-00053 391E16AA 2401
TAYLOR JEAN
734 GLENWOOD DR
ASHLAND OR 97520
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PO BOX 1784
MEDFORD OR 97501
PA-2010-00053 391E15BB 5002
ELDRIDGE JONATHAN D/DORR
PATRICIA YOSHIK
738 MOUNTAIN AVE
ASHLAND OR 97520
PA-2010-00053 391 E16AD 2900
HERING WILLIAM TRUSTEE ET AL
1071 WILDWOOD WAY
ASHLAND OR 97520
P A- 2010-00053 391 E 16AD 4000
LYONS ALAN LOUIS
890 BEACH ST
ASHLAND OR 97520
PA-2010-00053 391 E16AD 3700
MUEGGLER MARY JO TRUSTEE ET AL
790 S BEACH ST
ASHLAND OR 97520
PA-2010-00053 391E16AA 2301
PHILLIPS PHILIP/KATHERINE
1063 PROSPECTST
ASHLAND OR 97520
PA-2010-00053 391E16AD 3406
ROBERTS ANTOINETTE MIRA ET AL
PO BOX 1784
MEDFORD OR 97501
PA-2010-00053 391 E16AD 3403
SCEVA STEPHANIE L ET AL
2440 NW CRESTLlNE DR
OLYMPIA WA 98502
PA-2010-00053 391 E16AD 3300
STALLMAN ANDREW M/JEANNE M
789 S MOUNTAIN AVE
ASHLAND OR 97520
PA-2010-00053 391E16AD 101
WARREN JON
1120 PROSPECT ST
ASHLAND OR 97520
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WORKMAN ANGELA J/WEEDEN
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775 GLENWOOD DR
ASHLAND OR 97520
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PA-2010-00053 391E16AA 2700
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4690 MAKENA RD
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JACKSON COUNTY
INFORMATION TECHNOLOGY
Map Maker
Application
Front Counter Legend
Selected Features
Tax Lot Oulllnes
Tax Lot Numbers
JACKSON
COUNTY
Oregon
1602
1301
ThIs map Is based on a digital database
compiled by Jackson County From a variety
of sources, Jackson County cannot accept
responsibily for errors, omIssIons, or
positional accuracy. There are no
warranties, expressed or implied.
Map created on 3/8/201010:07:38 AM using web,}acksoncounty,org
@ Please recycle with colored office grade papet
Created with MapMaker
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 March 8, 2010 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 #2010-00053, 767 S Mountain Ave.
(!~--_?
Signature of Employee
G:\comm-dev\planning\T emplatesWfIdavII of Mailing_Planning Action Notice.doc 3/8/2010
N DEVELOPMENT SERVICES, LLC
LAND USE PLANNING AND DEVELOPMENT SERVICES
February 19, 2010
City of Ashland
Planning Department
Attn: Derek Severson
59 Winburn Way
Ashland, OR 97520
Subject: 767 South Mountain Avenue, Mountain Pines Subdivision, Lot #4
Tax Lot 391E 16AD 3405 - ADDENDUM
Derek,
In response to your letter of February 12, 2010, pertaining to 767 South Mountain
Avenue, I've attached the various items requested as well as provided some narrative
comments below:
Envelope Utilization: It is true there is an additional seven to eight feet of available
envelope on the southern side not being utilized. The primary reason for this is the
significant amount of earth that would need to be removed which is a concern for not
only the amount of retaining that would need to occur, but also any potential impacts to
the adjacent 20" d.b.h. Madrone Tree which the property owners consider the most
valuable tree on the property. Furthermore, the location of the house, as well as the
preservation of the tree, mitigates the close relationship between the proposed house and
the neighboring house to the west (890 Beach Street, 39lE16AD 4000).
Solar Classification: The applicants concur the north slope of the property exceeds 15%
and therefore subject to a Class "B" solar classification. A revised exhibit is attached
illustrating the relationship between the proposed houses' shadow, a 16' "hypothetical"
fence shadow at the north property line and the shadow of the Pine trees between the
house and the north property line.
Section Drawing: Also attached is a section drawing of the subject property, proposed
house and a "hypothetical" house located on Lot #3 to the north. The section drawing, in
combination with the attached shadow plan, illustrates how the grove of Pine trees and its
shadow clearly engulfs the entire shadow area of the building envelope of Lot #3. In fact,
485 Nevada Street I Ashland, OR 97520 I phone 541.482.33341 fax 541.482.3336
the shadow from the Pine grove is so significant it shadows over 200' which extends
beyond the Prospect Street right-of-way.
Discounting the existence of the Pine grove, the section drawing and the shadow plan
illustrate how the hypothetical house on Lot #3 - single story or two story, would be
impacted by the proposed house's shadow. The section drawing shows various shadow
producing points, with the chimney (B) having the greatest height. But, because the
chimney is only 18" to 24" wide, its shadow is marginal. The ridge-line (A) ofthe house
would shadow the house to the north (if the Pine grove didn't exist), but even its shadow
line would still allow for solar collectors on the roof. Also, its shadow line sits
approximately 2' to 3' higher than the permissible 16' fence shadow line. Overall,
because of the Pine grove of trees as well as the lot's Classification "B", the proposed
house either has no impact on the adjacent property to the north or would at least be
marginal at best if the trees did not exist.
Tree Details: As noted in the above paragraphs, the section drawings and the solar
shadow plan identify the shadow length and width of the Pine trees. Also, attached is a
report from Tom Myers, a local Tree Arborist with Upper-Limb-It Tree Service, who
reports the six Ponderosa Pine trees in question are all in good health and states that we
can expect the trees to continue to thrive.
Note: I've forwarded your comments to the owners and project designer and both have
indicated the top floor is a half story by building code definition. This can be verified at
the time of the building plans are submitted, but the heads-up is very much appreciated
by everyone.
In conclusion, the property owners and I hope the application can be deemed complete
and that it satisfies all of the applicable criteria. The property owners intend to begin
construction immediately after approval and issuance of the building permits. If there are
any further questions about the Solar Access application, please do not hesitate to contact
me at 541-821-3752 or at knox@mind.net.
Sincerely,
Mark Knox
485 Nevada Street I Ashland, OR 97520 I phone 541.482.33341 fax 541.482.3336
Tom Myers
Tree Consultant
2040 Ashland Mine rd
Ashland, OR 97520
Phone: 541-482-3667
Mark Knox
485 W. Nevada
Ashland, OR 97520
2/11/10
Tree Evaluation for 767 Mountain Ave
The six largest Ponderosa Pines on the North side of Lot #4 at 767 Mountain Avenue are all in
good health. They average 14 inches in diameter at breast height and are between 45 and 55 feet tall.
Last years new growth averaged 14 inches, which indicates vigorous health. You can expect these
trees to continue to thrive if they are cared for properly If you have any questions regarding this tree
report, please call me at 601-2069.
Tom Myers, Certified Arborist
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2040 Ashland Mine rd
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Phone: 541-482-3667
Mark Knox
485 W. Nevada
Ashland, OR 97520
2/11/10
Tree Evaluation for 767 Mountain Ave
The six largest Ponderosa Pines on the North side of Lot #4 at 767 Mountain Avenue are all in
good health. They average 14 inches in diameter at breast height and are between 45 and 55 feet tall.
Last years new growth averaged 14 inches, which indicates vigorous health. You can expect these
trees to continue to thrive if they are cared for properly If you have any questions regarding this tree
report, please call me at 601-2069.
Tom Myers, Certified Arborist
From:
To:
CC:
Date:
Subject:
Attachments:
Derek Severson
knox@mind,net
Derek Severson
2/12/2010 3:39 PM
Solar Variance for 767 South Mountain: INCOMPLETE DETERMINATION
Roberts Solar Section.pdf; Roberts Shadow Plan.pdf
Mark,
I've reviewed the solar variance for 767 S. Mountain, made a site visit and talked with Bill and Maria at some length. There
are a couple of issues which I don't think are substantial concerns for you, but which need to be addressed before we can
call this complete, I'll get you a more formal letter ASAP, but wanted to make you aware right away.
ENVELOPE UTILIZATION
It looks like there is seven to eight feet at the southern end of the approved envelope not being utilized. The application
should clearly address why (site topography?) the structure cannot be shifted the additional distance to the south, within
the approved envelope, to lessen the solar impact to Lot #3.
SOLAR CLASSIFICATION
After considerable review and discussion (see AMC 18.70,050.A) the lot would actually be considered a Class B lot. The
slope is greater than -15%, the N/S dimension is less than provided in our Formula I, and there were no conditions
requiring that it be "Class A". So, we'd need a revised "Exhibit B Solar Shadow Plan" to attach to the waiver-to-be-recorded
showing the allowed shadow for a 16 foot fence rather than a 6 foot fence. This actually means that the extent of the
variance requested has significantly less impact on Lot 3.
SECTION DRAWING
In staff's review, it appears that the area to be shadowed which is beyond that allowed for a 16-foot fence is entirely north
of the approved envelope on Lot 3 and falls mostly on un buildable portions of the lot, meaning that even if the trees were
not such a large shadow producer, the affected area would likely be in shadow when the lot is developed according to the
approved envelope anyway. In addition, the house that would likely be built could still be designed to allow solar collection
on it's roof if the trees ceased to be an issue - the shadows proposed are long but wouldn't fall on the roof of a two-story,
It would help your case to demonstrate this in the section drawings
TREE DETAIL
Maria said she had spoken to you about this earlier, and to consider the tree shadows we'd want to see them illustrated in
comparison to the proposed building's shadow. It wouldn't need to be on the recorded exhibit or to the same scale, but
we'd need a drawing showing the extent of the tree shadows relative to the proposed shadowing. Also, she indicated that
she thought some assessment of the trees' health was needed in the narrative provided so that we aren't considering their
shadows as a significant factor if they are diseased, etc.
* * *
As a last note, I can't tell for sure from the single elevation provided, but it looks like the basement on the proposed
building may be considered a story rather than a basement under building code - we'd want to be clear that the 2 1/2 story
height limitation is in effect and would need to be demonstrated on the permit drawings, Approval of a solar variance
would in no way be approving a height variance in terms of the number of stories..,
I don't think any of these are major, and I've gone ahead and made maps and created the blurbs for mailing. As soon as
we have the above items addressed, we could send a notice of completeness very quickly.
Please give me a call if I can provide additional detail or clarify any of the above.
- Derek
Derek Severson, Associate Planner
City of Ashland, Department of Community Development
20 East Main Street, Ashland OR 97520
(541)552-2040 or (541)488-5305, TTY: 1-800-735-2900
FAX: (541) 552-2050
This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records law for
disclosure and retention. If you have received this message in error, please contact me at (541)552-2040, Thank you.
CITY OF
ASHLAND
Urban Development Services, LLC
Attn: Mark Knox
485 Nevada St. W.
Ashland, OR 97520
February 12, 2010
Re: P A #2010 - 00053, for the property located at 767 South Mountain Avenue
Incompleteness Determination
Mark,
As noted in my e-mail earlier today, I have reviewed the January 15, 2010 submittals for your
application for a Solar Variance at 767 South Mountain Avenue. After examining the materials
presented, I have determined that the application is incomplete because the information listed below was
not provided, Incomplete applications are subject to delay in accordance with ORS 227.178. The
application cannot be further processed and deemed complete until the missing information is submitted
or the applicant indicates that the missing information will not be provided.
ENVELOPE UTILIZATION
It looks like there is seven to eight feet at the southern end of the approved envelope not being
utilized. The application should clearly address why (site topography?) the structure cannot be
shifted the additional distance to the south, within the approved envelope, to lessen the solar
impact to Lot #3.
SOLAR CLASSIFICATION
After considerable review and discussion (see AMC 18.70.050.A) the lot would actually be
considered a Class B lot. The slope is greater than -15%, the N/S dimension is less than
provided in our Formula I, and there were no conditions requiring that it be "Class A". So, we'd
need a revised "Exhibit B Solar Shadow Plan" to attach to the waiver-to-be-recorded showing the
allowed shadow for a 16 foot fence rather than a 6 foot fence. This actually means that the
extent of the variance requested has significantly less impact on Lot 3.
SECTION DRAWING
In staff's review, it appears that the area to be shadowed which is beyond that allowed for a 16-
foot fence is entirely north of the approved envelope on Lot 3 and falls mostly on unbuildable
portions of the lot, meaning that even if the trees were not such a large shadow producer, the
affected area would likely be in shadow when the lot is developed according to the approved
envelope anyway. In addition, the house that would likely be built could still be designed to
allow solar collection on it's roof if the trees ceased to be an issue - the shadows proposed are
long but wouldn't necessarily fall on the roof of a two-story home on the lot to the north. It
would help your case to demonstrate this in the section drawings as roughly illustrated in the
attached.
Planning Division
20 E. Main Street
Ashland, Oregon 97520
www.ashland.or.us
Tel: 541-552-2040
Fax: 541,552-2050
TTY: 800.735-2900
seversod@ashland.or.us
~~,
Date Received
(to be completed bv staff)
Applicant's Statement of Completeness
(To be completed by the Applicant and returned to the City of Ashland Planning Division)
Re: PA #2010-00053,767 South Mountain Avenue
Date Application Expires: July 14, 2010
Pursuant to an Incompleteness Determination, I, the undersigned applicant or agent for the applicant, elect one of
the three options below by initiating:
(-)
(Initial if elected)
1. Submit All of the Missing Information
I am submitting all of the information requested in the Incompleteness Determination letter.
Unless checked below, I am requesting that the City of Ashland Planning Division review this additional information
within 3D days of submission to determine whether the application is complete. I understand that this 3D-day review
for completeness period for the new information preserves my opportunity to submit additional materials, should it
be determined that the application is still incomplete after the second review. (Note: the 12D-day period for the City
of Ashland's final determination of compliance with applicable criteria does not commence until the additional
review for completeness period is completed.)
(Check if desired)
D I waive further review of the information submitted for completeness and direct review of the
information submitted for compliance with the Community Development Code criteria, regardless of
whether the application is, in fact, later determined by the staff toe be incomplete.
I understand that by checking the above statement the application will be evaluated based upon the
material submitted and no notice of any missing information will be given. If material information is missing
from the application, the application will fail to meet the burden of showing that all criteria are met and the
application will be denied.
Planning Division
20 E. Main Street
Ashland, Oregon 97520
www.ashland.or.us
Tel: 541-552.2040
Fax: 541-552-2050
TTY: 800.735,2900
seversod@.ashland,or.us
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SOLAR ACCESS WAIVER
FOR
767 SOUTH MOUNTAIN AVENUE
MOUNTAIN PINES SUBDIVISION, LOT #4
ASHLAND, OR 97520
JANUARY 15, 2010
OWNERS:
Bruce & Pokii Roberts
230 Piedmont Drive
Ashland, OR 97520
APPLICANTS:
Urban Development Services, LLC
485 W. Nevada Street
Ashland, OR 97520
541-482-3334
SUBJECT PROPERTY:
767 South Mountain Avenue
Mountain Pines Subdivision, Lot #4
391E 16AD 3405
PROPOSAL: A request for a Solar Access Permit for Lot #4, Mountain Pines Subdivision
(P A-2004-1 05), The property owners have designed their proposed residence to be
respectful of the original planning efforts, the intent of the Solar Access Ordinance, the
site's natural features and any neighboring concerns,
Solar Access Permit: A Solar Access Permit is being sought in accordance with Ashland
Municipal Code 18.70.060. The applicants propose to shadow the neighboring property
directly to the north beyond what a typical 6' fence would shadow at the shared property
line. The request is for the accommodation of a new single-family residence with the
majority of the shadow area occurring from the proposed home's principal ridge line which
has been recessed to the far south side of the home in an attempt to minimize the casting
shadow. Furthermore, it should be understood there is a grouping of tall (approximately,
45' to 50' in height) Pine Trees between the two subject properties that cast a shadow
significantly more than the proposed shadow. These trees are to remain and are protected
under the subdivision's original approvals. The propeliy granting the Solar Access Waiver
is located at 763 Mountain Avenue (fronts on Prospect Street), 391E 16AD 3404, directly
north of the subject property which is currently vacant.
The attached exhibits illustrate the proposed shadows and address the City's submittal
requirements. Furthermore, the applicants find the proposal in compliance with 18.70.060
B1 & B2 for the following reasons (Municipal Code in bold font, findings in normal font):
1
A. Variances to this Chapter shall be processed as a Type I procedure, except that
variances granted under subsection B of this Section may be processed as a Staff
Permit.
The property owners are requesting a Variance from the Solar Access Ordinance and no
additional Variances are being requested.
B. A variance may be granted with the following findings being the sole facts
considered by the Staff Advisor:
1. That the owner or owners of all property to be shaded, sign and record with the
County Clerk on the affected properties' deed, a release form supplied by the City,
which contains the following information:
a. The signatures of all owners or registered leaseholders who hold an interest in the
property in question.
b. A statement that the waiver applies only to the specific building or buildings to
which the waiver is granted.
c. A statement that the solar access guaranteed by this Section is waived for that
particular structure and the City is held harmless for any damages resulting from the
waiver.
d. A description and drawing of the shading which would occur, and
The attached Solar Access Waiver Agreement has been signed by the effected property
owners to the north. The attached shadow plans show the limits of the extended shadow
which applies to the new single family home, but also shows the extensive shadow length
of the Pine Trees that are required to be preserved under the subdivision's original
approval. Again, the applicants have attempted to design the single-family residence with
the majority of the shadow area occurring from the home's principal ridge line which has
been recessed to the far south side of the home and southern end of the building envelope
in an attempt to minimize the casting shadow.
The property owners hereby agree to hold the City harmless for any
from the waiver.
2. The Staff Advisor finds that:
a. The variance does not preclude the reasonable use of solar energy on the site by
future buildings; and
The applicants find the Solar Waiver Variance does not preclude the reasonable use of
solar energy on the site by future buildings due to the fact that the existing grove of Pine
trees sit directly between the proposed house and the property to be shadowed which
produces a shadow significantly greater that the proposed house shadow, Although not
specifically measured, the subject Pine trees are approximately 45' to 50' in height, range
in diameter (breast height) from 12" to 18" and total seven Pine trees. With an approximate
2
average height of 45' and grouped in a concentrated cluster, the shadow length exceeds the
house shadow by approximately 60',
Again, it should be understood the subject Pine trees are protected by a Tree Protection
Plan approved as part of the Subdivision's original application (P A-2004-1 05), The Tree
Protection Plan is intended to not only minimize potential disturbances to the trees by road
construction, utility installation or house construction. The proposed house will remain
within its existing footprint where it abuts the trees leaving the trees (and their shadow)
intact. As such, the existing grove of Pine trees, to remain in perpetuity, produce a much
greater shadow on the adjacent property to the north than the requested shadow.
b. The variance does not diminish any substantial solar access which benefits a
habitable structure on an adjacent lot.
The variance does not diminish any substantial solar access which benefits a habitable
structure on an adjacent lot due to the existing grove of Pine trees between the proposed
house and the property to the north. As explained above (a.), the grove of Pine trees
shadow far exceeds the proposed shadow, Nevertheless, if the subject Pine trees were not
present, the property owner's contend their efforts to design and redesign the house that
attempts to strategically mitigate its shadow length would not subst(lntial~ydil11iPi$lrt,he
solar access to the adjacent property to the north.
c. There are unique or unusual circumstances which apply to thisUt~1 Jh~c~1 ~W not
typically apply elsewhere.
The applicants contend there are unique or unusual circumstances which apply to this site
which do not typically apply elsewhere as the site is on a hillside with approximate slopes
of 20% to the north and a grove of "protected" Pine trees that are creating a substantially
longer shadow then the proposed home.
In addition, the subdivision of the property was created under the regulations of the City's
Performance Standards Options Ordinance which attempts to address a variety of important
planning principals based on the physical constraints of the property, but because the
Ordinance requires building envelopes to preserve the natural features (i.e., Pine trees),
designing a traditional home, similar to many of the other home's found in the nearby
vicinity that fit within the building envelope and do not cast a shadow beyond the typical 6'
shared fence, can be problematic. This issue becomes even more exasperated, such as in
this particular case, when the subject envelope has been reduced and constrained from both
its north and south sides because of the existence of trees, natural slopes and neighboring
properties which leaves little option for the home's designer other than designing a home
more vertical than horizontal.
Drivewav Adiustment: The property owners are also requesting a modification to the
driveway's location in an attempt to create a more formal entrance (see attached Site Plan)
and to better utilize the house's primary floor level. The original approved site plans show
a driveway entrance (not part of the building envelope) where the proposed entrance is now
desired. Instead, the property owners would like to relocate the driveway to accommodate
the desired entrance and to shift the driveway from its current location to the north by
approximately 35' (from center of driveway to center of driveway) which allows for the
home's garage to sit "under" the house where it is less desirable living space (daylight
3
basement area) and retain the upper floor area as primary living space. This IS best
illustrated with the attached elevation drawing.
The applicant and property owners contend the driveway adjustment has no impact on the
site's natural features as all of the possible disturbances continue to remain "outside" the
identified tree protection zones. The applicant contends the original driveway design was
likely a mistake or was designed to attract a certain buyer with accessibility issues where
they could park "inside" a garage at the "same level" of the primary floor, Although
understandable, in this case, the property owners would rather maintain the home's primary
level as livable space and dedicate the less desirable space to the garage. In times of
inclement weather, the property owners could still easily access the primary entrance at the
same level by parking in the already approved single guest parking space located south of
the proposed home.
Sincerely,
.---;;;7-
d;:;--
Mark Knox
4
EXHIBIT "A"
Lot Four (3) of Mountain Pines Subdivision in the City Of Ashland in Jackson County,
Oregon. Assessor's Map No. 391E 16AD 3404
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ZONING PERMIT APPLICATION
FILE# ;LO/b - () 0053
Planning Department
51 Winburn Way, Ashland OR 97520
(';1 T Y 0 f
ASH LAN D 541-488-5305 Fax 541-488-6006
DESCRIPTION OF PROJECT
DESCRIPTION OF PROPERTY
Street Address '7 ~ 7 ~,
Assessor's Map No. 39 1 E \ \0 A \)
Zoning 17, - ) - I D r
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Tax Lot(s)
Comp Plan Designation
APPLICANT
Name ~/?:>I!/J !}1!1I~!H:I!flr ~k.1.!:- Phone
Address --te c;; vJ. IJt.VA)~ S'lIlF.-'r-.;/
,-;-4/ -- fee.- ,C;-goS E-Mail
City Ah ~",fD OI'L
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Zip q 7'l,- ;2..0
PROPERTY OWNER
Pel, {I
Address 2 3C)
Name
A O~72:.TS
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fJlEDinCfJT
Phone
;5lt/- 'f ilz ~ 32 7 i? E-Mail loll~tl iT b-eJuA CrB
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City /he; IhA--;K..J b Zip t;7-15241
~ 5,6^- AI7T/7C,Jlfi-p
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SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER
Title
Name
Phone
E-Mail
Address
City
Zip
Title
Name
Phone
E-Mail
Address
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 all structures or improvements are properly located on the ground.
Failure in this regard will result most likely in not only the r u~eiflfrSe aside, but also possibly in my structures being built in reliance thereon being required to
be removed at my expense. If I have any doubts advised to seek compe nt professional advice and assistance.
) " /$-: ztJ)O
Date
/- /5 -- :2-010
.
Date
[fo be completed by City Staff]
Date Received 1.- Ir/f '- I (}
Zoning Permit Type
.1-
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Filing Fee $ I.
Planning Action Type
OVER ~~
C:\DOCUME-l\hanksaILOCALS-l \TemplZoning Pennit Application Fonn.doc
Contractor:
Address:
Phone:
State Lie No:
City Lie No:
Sub-Contractor:
Address:
Phone:
State Lie No:
City Lie No:
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