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Home My WebLink AboutClark_1661-1673 (PA-2010-01011) CITY OF ASHLAND September 9,2010 Urban Development Services, LLC 485 W Nevada St. Ashland OR 97520 Notice of Final Decision On September 9, 2010, the Staff Advisor for the Ashland Planning Division administratively approved your request for the following: PLANNING ACTION: 2010-01011 SUBJECT PROPERTY: 1661 Clark St. APPLICANT: Ireland DESCRIPTION: A request for a Partition and Boundary line adjustment to create 2 separate parcels from one existing parcel. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-l; ASSESSOR'S MAP #: 39 IE 15AB; TAX LOT: 8102 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 raislil. constitutional or other issues relating to , proposed conditions of approval with sufficient specificity to allot 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: Ireland Family Trust c/o Kathryn Collins Parties of record and 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 r~' ASHLAND PLANNING DIVISION FINDINGS & ORDERS Planning Action: 2010-00586 Subject Property: 1661, 1671, and 1673 Clark Street Owner/Applicant: Ireland Family Trust Description: A request for a partition and boundry-line adjustment to create two separate parcels from one existing parcel. Comprehensive Plan Designation: Commercial, Zoning: C-l Jackson County Assessor's Map: 39 IE 15AB; Tax Lot: 8102 SUBMITTAL DATE: DEEMED COMPLETE DATE: ST AFF APPROVAL DATE: FINAL DECISION DATE: APPROVAL EXPIRATION DATE: August 06, 2010 August 18,2010 September 9,2010 September 23,2010 September 23,2011 DECISION The subject property is located in the Commercial district behind the Minute Market on Siskiyou Boulevard, west of Harmony Lane. The lot is approximately 13,000 square feet and contains two legal non-conforming residences, one single family home and the other a duplex. The Ireland family, who previously owned the Minute Market franchise until sold in 2001, owns the parcel in a family trust. The applicant is requesting a minor land partition to split the parcel into two separate lots that each has an existing residence. Although the lot is zoned C-l, there are no plans to change the residential use or any structural or physical characteristics of the lot. Residential units are permitted in the C-l zoning district, however 18.32.025 states that at least 65% of the ground floor, or 50% of the entire structure be provided with commercial uses. Nevertheless, since the residences have been in existence since the early 70's, the use is considered legal non-conforming and is permitted to remain. Furthermore, by partitioning the lot into two separate parcels, the lots are coming closer into conformity. Proposed Parcell will become 6,453 square feet and proposed Parcel 2 will become 7,527 square feet. The C-1 zoning does not have minimum lot size requirements; however, both lots will be at or near the minimum lot size requirements for the surrounding R -1-7.5 residential district. Sufficient city utilities serve the existing residences; however, the property has common water and sewer service that will be required to be separated upon approval of the final plat. Utility easements shall be provided for lines that will cross through the parcels. There is a small four foot 'sliver' tax lot west of the adjoining Minute Market's property abutting Clark Street, west of the subject parcel. This seems to be created by years of deed descriptions over the past 40 years and can be easily absorbed into 'Parcell' that will allow for the existing structure to meet the setback standard. Both proposed Parcel 1 and Parcel 2 have two off-street parking spaces for each unit in the front yard. Head-in parking is also available directly in front of the parcels primarily for the church across the street. Staff has not received comments regarding this application. PA # 2010-00586 1610 Clark SUMP Page I The criteria for a Minor Land Partition are described in AMC Chapter 18.76, as follows: A, The future use for urban purposes of the remainder of the tract will not be impeded. B. The development of the remainder of any adjoining land or access thereto will not be impeded. C. The tract of land has not been partitioned for 12 months. D. The partitioning is not in conflict with any law, ordinance or resolution applicable to the land. E. The partitioning is in accordance with the design and street standards contained in the Chapter 18.88, Performance Standards Options. (Ord 2836 S8, 1999) F. When there exists adequate public facilities, or proof that such facilities can be provided, as determined by the Public Works Director and specified by City documents, for water, sanitary sewers, storm sewer, and electricity, G. Whe'1 there exists a 20-foot wide access along the entire streetfrontage of the parcel to the nearest fully improved collector or arterial street, as designated in the Comprehensive Plan. Such access shall be improved with an asphaltic concrete pavement designed for the use of the proposed street, The minimum width of the street shall be 20-feet with all work done under permit of the Public Works Department, 1, The Public Works Director may allow an unpaved streetfor access for a minor land partition , when all of the following conditions exist: a, The unpaved street is at least 20-feet wide to the nearest fully improved collector or arterial street, b. The centerline grade on any portion of the unpaved street does not exceed ten percent, 2. Should the partition be on an unpaved street and paving is not required, the applicant shall agree to participate in the costs and to waive the rights of the owner of the subject property to remonstrate both with respect to the owners agreeing to participate in the cost of full street improvements and to not remonstrate to the formation of a local improvement district to cover such improvements and costs thereof Full street improvements shall include paving, curb, gutter, sidewalks and the under grounding of utilities, This requirement shall be precedent to the signing of the final survey plat, and if the owner declines to so agree, then the application shall be denied. H Where an alley exists adjacent to the partition, access may be required to be providedfrom the alley and prohibitedfrom the street. (amended Ord. 2757, 1995) The application with the attached conditions complies with all applicable City ordinances. Planning Action 2010-01011 is herby approved with the following conditions: 1) All proposals of the applicant shall be conditions of approval unless otherwise modified here. PA # 2010-00586 1610 Clark SUMP Page 2 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) 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. 4) That a final utility plan for the parcels shall be submitt~d for review and approval by the Planning, Engineering, and Building Divisions prior to signature of the final survey plat. The utility plan shall include the location of connections to all public facilities including the locations of water lines and meter sizes, fire hydrants, sanitary sewer lines, storm drain lines and electric services. 5) That the location and final engineering for all storm drainage improvements associated with the project, shall be submitted for review and approval by the Departments of Public Works, Planning and Building Divisions prior to signature of the final survey plat. 6) That the property owner shall sign in favor of Local Improvement Districts for the future street improvements for the street segment of Clark Street between Walker and Harmony Streets, including but not limited to sidewalks, parkrow, curb, gutter and storm drainage, for Clark Street prior to signature of the final survey plat. The agreement shall be signed and recorded concurrently with the final survey plat. 7) A separate fence permit is required for any new fencing or change in fence heights and all fence heights must meet the limitations of Section 18.68.010 of the Ashland Municipal Code. 8) If anyone or more of the following conditions are found to be invalid for any reason whatsoever, then ,..._..Pla~,g Action 2008-01181 shall be denied --'.- , <.~ - ---~/ J ~~~;(,~ (/ll' ill Moln , Director Date ment of Community Development PA # 2010-00586 1610 Clark St./MP Page 3 Easy Peelilil Labels Use Averyilil Template 5160@ PA-2010-01011391E15AB 8101 A & L RENTALS LLC 1668 SISKIYOU BLVD ASHLAND OR 97520 PA-2010-01011 391E15AC 103 FORNEY ILSE E TRUSTEE FBO ET 750 OAK WAY CIR ASHLAND OR 97520 PA-2010-01011 39IE15AC 6100 HEINER HOWARD R TRUSTEE ET 784 GARDEN WAY ASHLAND OR 97520 PA-2010-01011 391E15AB 8102 IRELAND MARIE W 8605 ROGUE LN WILSONVILLE OR 97070 PA-2010-01011 391E15AC 6000 LAIPPL Y GARY 798 GARDEN WAY ASHLAND OR 97520 PA-2010-01011 391E15AB 3702 TENSEGRlTY LLC 1701 SISKIYOU BLVD 2 ASHLAND OR 97520 PA-2010-01011 391E15AC 6200 WESTERN ORE CONFERENCE A POBOX 286 ASHLAND OR 97520 PA-2010-01011 Urban Development Services 485 W Nevada St Ashland OR 97520 Etiquettes faciles a peler Utilisez Ie aabarit AVERY@ 5160@ I I I j Bend along line to expose Pop-Up Edge™ A. Feed Paper PA-2010-01011 391E15AC 3200 BLAIZE M SUSAN/JOHN F 239 OAK ST ASHLAND OR 97520 PA-2010-01011 391E15AB 8302 GREENE DON L TRUSTEE ET AL PO BOX 516 ASHLAND OR 97520 PA-2010-01011 391E15AB 8203 IRELAND MARIE M TRUSTEE FBO 8605 ROGUE LN WILSONVILLE OR 97070 PA-2010-01011 391E15AC 101 JOHNSON CLAYTON R TRUSTEE 1762 MCANDREWS RD J MEDFORD OR 97504 PA-2010-01011 391E15AB 3601 MC CAMEY ROBERT C 732 FAITH AVE ASHLAND OR 97520 PA-2010-01011 391E15AC 105 V AN TRUMP JAMES E TRUSTEE 770 OAKW A Y CIR ASHLAND OR 97520 PA-2010-01011 391E15AB 8200 WONG TUNG BALL/SHARON 1147 PARK ST ASHLAND ,OR 97520 A Sens de ...L.._.._____'" I Repliez a la hachure afin de I reveler Ie rebord POD-Un™ ! ~ AVERV@ 5160@ 1 PA-2010-01011 391E15AC 104 BURKE EXCHANGE BX 1 00603 OR LLC PO BOX 907 BEND OR 97709 PA-2010-01011 391E15AC 3100 GREER EARL H TRUSTEE 800 HARMONY LN ASHLAND OR 97520 PA-2010-01011 391E15AB 8100 IRELAND MARIE W 610 E MAIN ST MEDFORD OR 97504 PA-2010-01011 391E15AB 8304 KELLY MARK A TRUSTEE ET AL 1630 SISKIYOU BLVD ASHLAND OR 97520 PA-2010-01011 39IE15AC 106 PURSLOW VICKI 780 OAKW A Y CIR ASHLAND OR 97520 PA-2010-01011 391E15AC 3201 WESTERN ORE CONFERENCE A 605 SW 39TH AVE PORTLAND OR 97214 PA-2010-01011 391E15AC 102 YATES KEMBLE R 7400AKWAY ASHLAND OR 97520 www.avery.com 1_Rnn.r.O_AVFRV CITY OF ASH LAN Planning Department, 51 WI" ~rn 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: /2010-01011 SUBJECT PROPERTY: 1661 Clark Street OWNER/APPLICANT: Ireland Family DESCRIPTION: A request for a Partition and Boundary line adjustment to create 2 separate parcels from one existing parcel. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; ASSESSOR'S MAP #: 39 1E 15AB; TAX LOT: 8102. NOTICE OF COMPLETE APPLICATION: August 18,2010 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: September 1, 2010 Property tines aT8 for re.pence only, not scaleable 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\2010\2010-01011,doc MINOR LAND PARTITION CRITERIA Section 18.76.050 Preliminary Approv~1 An application for a preliminary partition shall be approved when the following conditions exist: A. The future use for urban purposes of the remainder of the tract will not be impeded. B. The development of the remainder of any adjoining land or access thereto will not be impeded. C. The tract of land has not been partitioned for 12 months. D. The partitioning is not in conflict with any law, ordinance or resolution applicable to the land. E. The partitioning is in accordance with the design and street standards contained in the Chapter 18.88, Performance Standards ' Options. (ORD 2836,1999) F. When there exists adequate public facilities, or proof that such facilities can be provided, as determined by the Public Works Director and specified by City documents, for water, sanitary sewers, storm sewer, and electricity. G. When there exists a 20-foot wide access along the entire street frontage of the parcel to the nearest fully improved collector or arterial street, as designated in the Comprehensive Plan. Such access shall be improved with an asphaltic concrete pavement designed for the use of the proposed street. The minimum width of the street shall be 20-feet with all work done under permit of the Public Works Department. 1. The Public Works Director may allow an unpaved street for access for a minor land partition when all of the following conditions exist: a. The unpaved street is at least 20-feet wide to the nearest fully improved collector or arterial street. b. The centerline grade on any portion of the unpaved street does not exceed ten percent., 2. Should the partition be on an unpaved street and paving is not required, the applicant shall agree to participate in the costs and to waive the rights of the owner of the subject property to remonstrate both with respect to the owners agreeing to participate in the cost of full street improvements and to not remonstrate to the formation of a local improvement district to cover such improvements and costs thereof. Full street improvements shall include paving, curb, gutter, sidewalks and the undergrounding of utilities. This requirement shall be precedent to the signing of the final survey plat, and if the owner declines to so agree, then the application shall be denied. H. Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from the street. (ORD 2951,2008) G:\comm-dev\planninglNotices Mailed\20 1 0\20 1 0-0 1 0 ll,doc 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 August 18, 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 #2010-01011, 1661 Clark St. Comm-Dev\Planning\ Templates Easy Peel@ Labels A Bend along line to ~ AVERV@ 5160@ 1 Use Avery@ Template 5160@ Feed Paper expose Pop-Up Edge™ PA-2010-0 1011 391E15AB 8101 PA-2010-01011 39lE15AC 3200 PA-2010-01011 391E15AC 104 A & L RENTALS LLC BLAIZE M SUSAN/JOHN F BURKE EXCHANGE BX 1 00603 OR 1668 SISKIYOU BLVD 239 OAK ST LLC ASHLAND OR 97520 ASHLAND OR 97520 PO BOX 907 BEND OR 97709 PA-2010-01011391E15AC 103 PA-2010-01011 39lE15AB 8302 PA-2010-01011 391E15AC 3100 FORNEY ILSE E TRUSTEE FBO ET GREENE DON L TRUSTEE ET AL GREER EARL H TRUSTEE 750 OAK WAY CIR PO BOX 516 800 HARMONY LN ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2010-01011 391E15AC 6100 PA-201O-01011 391E15AB 8203 PA-2010-01011 391E15AB 8100 HEINER HOWARD R TRUSTEE ET IRELAND MARIE M TRUSTEE FBO IRELAND MARIE W 784 GARDEN WAY 8605 ROGUE LN 610 E MAIN ST ASHLAND OR 97520 WILSONVILLE OR 97070 MEDFORD OR 97504 PA-2010-01011 391E15AB 8102 PA-201O-01011 391E15AC 101 PA-2010-01011 391E15AB 8304 IRELAND MARIE W JOHNSON CLAYTON R TRUSTEE KELLY MARK A TRUSTEE ET AL 8605 ROGUE LN 1762 MCANDREWS RD J 1630 SISKIYOU BLVD WILSONVILLE OR 97070 MEDFORD OR 97504 ASHLAND OR 97520 PA-2010-01011391E15AC 6000 PA-2010-01011 391E15AB 3601 PA-2010-01011 391E15AC 106 LAIPPL Y GARY Me CAMEY ROBERT C PURSLOW VICKI 798 GARDEN WAY 732 FAITH AVE 780 OAKWA Y CIR ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2010-01011 391E15AB 3702 PA-201O-01011 391E15AC 105 PA-2010-01011 391E15AC 3201 TENSEGRITY LLC V AN TRUMP JAMES E TRUSTEE WESTERN ORE CONFERENCE A 1701 SISKIYOU BLVD 2 770 OAKW A Y CIR 605 SW 39TH AVE ASHLAND OR 97520 ASHLAND OR 97520 PORTLAND OR 97214 PA-2010-01011391E15AC 6200 PA-201O-OI011 391E15AB 8200 PA-2010-01011 391E15AC 102 WESTERN ORE CONFERENCE A WONG TUNG BALL/SHARON YATES KEMBLE R POBOX 286 1147 PARK ST 740 OAKWA Y ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2010-01011 Urban Development Services 485 W Nevada St Ashland OR 97520 Etiquettes facHes a peler Utilisez Ie qabarit AVERY@ 5160@ A Sens de ,.~.....,..^ft'Io^...+ I Repliez a la hachure af;n de : reveler Ie rebord POO-UOTM ! www.avery.com 1-ROO.GO.AVfRY PROJECT DESCRIPTION FOR A TWO-LOT LAND PARTITION AND LOT LINE ADJUSTMENT FOR THE PROPERTY LOCATED AT 1661, 1671 AND 1673 CLARK AVENUE SUBMITTED TO CITY OF ASHLAND r~ANNING DEPARTMENT ASHLAND, OREGON SUBMITTED BY URBAN DEVELOPMENT SERVICES, LLC. 485 W. NEVADA STREET ASHLAND, OR 97520 PROJECT INFORMATION: ADDRESS & LEGAL DESCRIPTION: 1661, 1671 & 1673 Clark Avenue 391E 15AB 8100, 8102 and 8203 PLANNING ACTION: The applicants are requesting an application for a Land Partition to divide the property at 1661, 1671 and 1673 Clark Avenue (behind Minute Market) into two parcels. Also included is a small Lot Line Adjustment to correct some lot line boundaries (Tax Lot 8100 and 8203). PROJECT INFORMATION: OWNER: Ireland Family Trust C/o Kathryn Collins, Trustee Wilsonville, OR 97070 Tel: 503-702-4835 REPRESENTATIVE: Urban Development Services, LLC 485 W. Nevada Street Ashland, OR 97520 Tel: 541-482-3334 SURVEYOR: Polaris Land Survey P.O. Box 459 Ashland, Oregon 97520 COMPREHENSIVE PLAN & ZONING DESIGNATION: Commercial (C-1) LOT AREA: Total Area: Proposed Parcel # 1 Proposed Parcel #2 13,980 sq. ft. 6,453 sq. ft. 7,527 sq. ft. APPLICABLE ORDINANCES: Retail Commercial District 18.32 Partitions, Chapter 18.76 ADJACENT ZONINGIUSE: WEST: C-1; Commercial (Vacant) EAST: R-1-7.5; Single Family Residential (Residences) SOUTH: R-1-7.5; Single Family Residences (Church) NORTH: C-1; Commercial (Minute Market) SUBJECT SITE: C-l; Commercial (Three residential units) ") Site: As noted, the subject property sits directly behind the Minute Market located along Siskiyou Boulevard. The property is zoned commercial, but has, for approximately 40 years, two detached residences one being a duplex. The structures, including the Minute Market, were constructed in the early 1970's by Mr. and Mrs. Ireland, who recently past away. The Irelands sold the Minute Market in 2001, but continued to retain ownership of the residential property. NOTE: Although County records indicate the Ireland Family Trust also owns Tax Lot 8100 to the north, there appears to have been some deed errors and the subject property (Minute Market) may belong to another party, but due to a recording error or contractual default, the Ireland's may still legally own the parcel. Nevertheless, the issue is not related to this proposal and corrections through the County and Title Company are in process. The subject property is approximately .30 acres (12.932 sq. ft.), relatively level, but has an approximate 10' grade change between the two properties creating a physical barrier between the two uses. The property has mature landscaping, trees, established parking configurations, established utilities and fencing designating yard areas. The structures were built in 1972 and are single story. Although zoned commercial and the applicants propose a partition, there are no plans to change the residential use or the structural and physical characteristics of the property. Proposal: The applicant intends to divide the property into two parcels with Tax Lot 1 being 6,453 square feet and Tax Lot 2 (duplex) being 7,527 square feet. The "division" line is proposed to be located directly between the residences with the line jogging towards the front of the parcel to align with Tax Lot l's existing front yard fence. The applicant's goal is mirror the property line with the fence line in an attempt to not disrupt the current conditions of the property. In addition, a small Lot Line Adjustment is proposed with Tax Lot 8203 which will correct some odd property line configurations. A pre-application meeting was held on July 6th, 2010 at which time comments, questions and observations were raised by the Planning and other City Department staff. To the best of the applicant's knowledge, all City standards and requests are being complied with. At that time, no issues were raised by City staff that would indicate the proposal would not comply with City standards or would cause the area's infrastructure to exceed capacity limits. Utilities: The applicants are not proposing any structural alterations, structural additions or use modifications with this proposal. However, because the property has common water and sewer service lines extending to the City's primary lines in Harmony Lane, the applicants will be required by the Building Code to separate the lines so that each property is independent. Easements will be included on the final survey that identifies any utilities that traverse through the adjacent parcel. Encroachment & Lot Line Ad1ustment: On the County's base maps ("Front Counter"), there appears to be a small encroachment of the existing house at 1661 Clark Avenue that crosses the boundary of Tax Lot 8100 (Minute Market property). The project Surveyor has researched that parcel's history and the small 4' "sliver" of land to the west (Tax Lot 8203) in preparation of the partition's final approval. Both land areas are identified on the attached preliminary Survey Plat and both areas will be incorporated into the lot. According to the project's Surveyor these small land areas appear to have been created '1 via erroneous deed descriptions over the last 40 of ownership by the family. Regardless, both the project Surveyor and a local Title Officer have stated these are common issues and easily resolvable. Non-Conforming Status: Residential units are permitted in the C-I Commercial zone, but the allocation of uses for the ground floor area, as identified in Section 18.32.025 D., would exceed the maximum thresholds. But, because the property is zoned commercial, but its use residential (since 1972) the units are considered "legal non-conforming". Again, no structural or use changes are proposed with this application and therefore complies with Section 18.68.090 A. Parking: The number of parking spaces for each unit is two. Parking is available along Clark Street and is "head-in" which is primarily due to the parking demands created by the existing church across the street. In addition, parking is available for each property; two existing off-street spaces at 1661 Clark Avenue and four existing off-street spaces for 1671 and 1673 Clark Avenue (duplex). Although readily available, no on-streets parking are being requested. 1671 & 1673 Clark Avenue 1661 Clark Avenue ;\ Rear of both subject properties and Minnte Market Clark Avenue with "head-in" on-street parking spaces " Rear of 1661 Clark Avenue with Minute Market in Foreground Rear of 1661 Clark Avenue h Front of 1671 and 1673 Clark Avenue III. APPLICABLE CRITERIA: 18.76.050 Criteria for Minor Land Partition Approval: A. The future use for urban purposes of the remainder of the tract will not be impeded. The proposed partition has no remainder parcels that could be further partitioned. The property is zoned C-1 allowing the subject grand-fathered residential uses to eventually convert to commercial uses. The partition will not change the use of the property and the proposal does not impede the property's ability to accommodate the zone's permissible densities or uses as outlined in AMC 18.32. B. The development of the remainder of any adjoining land or access thereto will not be impeded. There is no remaining land associated with this property. Both parcels will continue to access the lot from Clark Street. C. The tract of land has not been partitioned for 12 months. The parcel has not been partitioned in the previous 12 months. '7 D. The partitioning is not in conflict with any law, ordinance or resolution applicable to the land. The Partition meets all laws, ordinances, and resolutions for the proposed partition. E. The partitioning is in accordance with the design and street standards contained in the Chapter 18.88, Performance Standards Options. The proposed partition is in accordance with the design and street standard contained in Chapter 18.88, Performance Standards. F. When there exists adequate public facilities, or proof that such facilities can be provided, as determined by the Public Works Director and specified by City documents, for water, sanitary sewers, storm sewer, and electricity. All public facilities serving this parcel are adequate and located within the Clark Street right-of-way. All of the services such as water, sewer, storm, and electricity are available and are not at capacity and can easily accommodate the base densities and permitted commercial uses associated with each parcel. G. When there exists a 20-foot wide access along the entire street frontage of the parcel to the nearest fully improved collector or arterial street, as designated in the Comprehensive Plan. Such access shall be improved with an asphaltic concrete pavement designed for the use of the proposed street. The minimum width of the street shall be 20-feet with all work done under permit of the Public Works Department. Not applicable as Clark Street is currently improved to City Design standards. H. Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from the street. No alleys exist on or adjacent to the subject property Q 8Jtll ~ C.J.tfU} 1. _830 -, (____..1 ". ~~ r _ L) -1 ~ }01 j~j C~., [] 7 ~l o R-j-7,5 , 6 ~ Subject Lot (Tax Lot #8102; Northwest corner of Clark and Harmony Streets; C-1 Zoning) Conclusion: The applicant contends the proposal meets all of the applicable criteria for a Partition and Lot line Adjustment in this particular zone. Prior to staff sending the required public notice to the neighboring property owners, a direct mailing will be made in an attempt to answer any questions the neighbors may have. After the application is deemed complete, notice mailed and the application's conditions are reviewed, the applicant will then fmalize the survey documents and prepare the final survey for staff approval and property owner recording. o ~ '" &" ~ ~ /&~ ~ ~ : I~ ~ Ir;\) <: ~ I 16 <) t\:l'" I~~ IZI 10 1~ / t :~: 1 \~ 'il / A L RENTALS LLC: 0, I ~ 0 TAX L TS 8202 &: 81011 I f ~ V ~~ C 1 ~ '\ r! MARIA M. IR['~ND' TRUSTEE IRELAND FA IL Y TRUST TAX LOTS 81 0 &: 8101 TAX LOT 8100 o TAX LOT 8101 'J~ ~0 'J" " ~~+ ~ ~~'" I POLARIS ~~~~EYisD R:~YIN~ ~~ " l P.O. 80 459 ~ ASHLAND, OR GON 9 7520 ~<"1--/.: (541) 48 -5009 l: ~.s>'Y'o.., 'tf- /<,,)- ~ DA TE: AUGUSrr 2. 2010 <'o/s..;.C' ..,O~ PROJECT Nq. 597- 1 0 ~""o/ 1--~.s.1' I PRELIMIl\'AR Y MAP LAND PARTITION FOR Kathryn Collins LOCAl'EDAT 1661, 1671 & 1673 Clark A venue , Ashland, Oregon 97520 LYING SITUtTE WITHIN NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 39 SOUTH, RANGE 1 EAST, W.M. JACKSON COuNTY, OREGON 20' ~ ~ ~ ~I >- Z o ~ C< ~I :t1 20' " ~ 21,5' Assessor's Map No. 39 1E 15 AB Tax Lots 8102 & 8203 ~;n9 Des;9no,,"on C- I ~ ~ ~ ~o 0::- f-O,- ~C) o-J ~~ :t: O<S -,<( ~~ ~~ ::s~ t.l ~ 1" = 50' SCALE: O-J ~ 0/, ,,+ It-- -..p 0'>.... -J ~ <:~~ 21,5' c~ 0'- \i!:1 gs ~ -.~)I Q. j:l; O~... S(<S g t.l ~ OREGON ~ - JULY 14, 1996 ~ y~ SH~ WN KAMPMANN ~ 2883 LS I SURVEYING POLARIS LAND RENEWAL DATE: 6/30/2011 Owner's Name: IRELAND MARIE M TRUSTEE FBO Phone: Customer #: 05809 State Lic No: IRELAND MARIE M TRUSTEE FBO City Lic No: Applicant: PO BOX 652 Address: ASHLAND OR 97520 Sub-Contractor: Phone: Address: Applied: 08/06/2010 Issued: Expires: 02/02/2011 Phone: State Lic No: Maplot: 391E15AB8203 City Lic No: DESCRIPTION: Lot Line adjustment & two lot land partition STRUCTURAL ill I II I Fee Description Type I . . ipgRMITFEE DETAIL Amount Fee Description 1,062.00 Amount <<,I ' .. . . C.oNDITIONS elF APPROVAL.. .. . II II COMMUNITY DEVELOPMENT 20 East Main Sl. 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 ZONING PERMIT APPLICATION Planning Department 51 Winburn Way, Ashland OR 97520 FILE # (:11''1' Of ASHLAND 541488-5305 Fox 541-48,8-6006 . . . ~_ DESCRIPTION OF PROJECT -rit10 lot fOt4( uU DESCRIPTION OF PROPERTY It~/, It 7/ I Assessor's Map No, 39 1 E (t;- II-!J. e I b"! '111 0 'l '; Street Address e' /b '73 Ci.lt-iVlt- )tv l?IV v J2.- B '2-0 J Tax Lot(s) Zoning e - f Camp Plan Designation Co IM/"" f:.4.c, ':1.t'1 E-Mail City Zip Phone E-Mail Address City SURVEYOR. ENGINEER, ARCHITECT. LANDSCAPE ARCHITECT. OTHER Title Name Phone Address C;f.,f- ~~ City Title Name Phone Address City [To be oomplot yCity ~~ Date Received ~..~ ..... Zoning PermitType FIling Fee $ Planning Action Type OVER ~~ C:\DOCUME-llhenks,\LOCALS-IIT<mp'Zoning P<nnil Application Fonn,doc