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HomeMy WebLinkAboutNormal_407_PA-2011-00186 CITY Of ASHLAND March 30,2011 Michael E Sullivan 127 Walnut Place Phoenix OR 97535 Notice of Final Decision On March 30, 2011, the Staff Advisor for the Ashland Planning Division administratively approved your request for the following: PLANNING ACTION: 2011-00186 SUBJECT PROPERTY: 407 Normal St APPLICANT: Mike Sullivan DESCRIPTION: A request for a Minor Land Partition to divide the property at 407 Normal Ave into two conforming parcels. Applicant is also requesting an exception to street standards to place a 5 foot curbside sidewalk along the Normal and Homes Ave frontages. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; ASSESSOR'S MAP: 39 IE 10DD; TAX LOT: 1200 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 Vse Ordinance (ALVO) 18.1 08.070(B)(2)(b) and/or file an appeal to the Ashland Planning Commission as provided in the ALVO 18.1 08.070(B)(2)( c). An appeal may not be made directly to the Land Vse 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 objectionis 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: Robert Martindale 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 ~~ ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: 2011-00186 SUBJECT PROPERTY: 407 Normal Ave. APPLICANT: Mike Sullivan DESCRIPTION: A request for a Minor Land Partition to divide the property at 407 Normal Ave into two parcels fronting onto Homes Ave. Applicant is also requesting an exception to street standards to place a 5 foot curbside sidewalk along the Homes Ave frontage. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential ZONING: R-1-5; ASSESSOR'S MAP : 39 IE lODC; TAX LOT: 1200 SUBMITTAL DATE: DEEMED COMPLETE DATE: STAFF APPROVAL DATE: FINAL DECISION DATE: APPROVAL EXPIRATION DATE: February 18,2011 March 4, 2011 March 30,2011 April 13, 2011 April 13, 2012 DECISION The subject property is located at the southwest comer of the Homes and Normal Avenue intersection, across from Mountain View Cemetery and Hunter Park. The parcel is currently 12,000 square feet in size, and is bounded by public rights-of-way on two sides. The lot and other adjacent properties are zoned R-1-5, and slopes approximately 3.6 percent to the north. The current parcel contains a 1052 square foot single-family dwelling built in 1948, and a 448 square foot accessory unit built in 1988. The lot has two existing driveway curb cuts that access . the parcel; one located on the western side of the lot fronting onto Homes Avenue, and the other located on the southern portion of the lot fronting onto Normal Avenue. Two existing residences have been approved to be demolished by the building official, in accordance with Ashland Municipal Code (AMe) 15.04.216. The demolition process requires that a building permit be issued for at least one of the lots before demolition can occur, and Planning requires that all buildings be removed from the lot before the final partition plat can be signed. The applicant is proposing a land partition, which will create two lots fronting onto Homes Avenue. Proposed Parcell, the interior lot, will become 5,500 square feet in size, while proposed Parcel 2 will become 6,500 square feet in size. Both lots will conform to lot width and depth requirements in accordance with 18.20.040, and exceed the minimum lot size for the R-1-5 zone. Because the lots are slightly over the required minimum size, no further division of land can take place, and therefore are not impeding the future urban purposes of the parcel. The lots and subsequent building envelopes will also conform with Solar Setback Standard A due to the Homes right-of-way directly to the north of the proposed lots. P A 2008-00654 508 Tucker St.!ada Page 1 The applicant has requested to retain and incorporate the two existing curb cuts into the proposal. Proposed Parcel 1 will retain the curb cut on Homes Ave, which is approximately 90 feet from the intersection, and approximately 50 feet from the other driveway on the block. Proposed Parcel 2 will retain the curb cut off or Normal Ave., which is approximately 73 feet from the intersection. Currently sidewalks and park rows are not installed on either street frontage, and the applicant has requested an exception to street standards to place a 5 foot curbside sidewalk along both street frontages. From the City's records and the Jackson County Assessor's map, a very limited amount of right-of-way exists along both frontages abutting the property. Typically, when development occurs on a parcel that does not have adequate infrastructure, the city requires that the applicant bring the property in compliance with City Street Standards. A site visit shows that the existing neighborhood development pattern, established landscaping on adjacent properties, and existing utility infrastructure is not conducive to provide for a full park row and sidewalk, especially along Homes Avenue. Staffhas granted the request to place curbside sidewalk along the frontage of Homes Avenue. Normal Avenue, classified as a collector street, may have sufficient room to allow for a park row and sidewalks, however staff agress that a curbside sidewalk may be a more appropriate location for sidewalks in the future. A condition has been added for the applicant to sign in favor of a Local Improvement District (LID) for the installation of sidewalks on Normal Avenue. Additionally, the applicant will be required dedicate easements for public utilities and public pedestrian access along the frontages of both parcels. As indicated on the applicant's site plan, the building envelopes provide the standard front and side yard setback in relation to the dedicated pedestrian easements in order to provide the typical spacing between the sidewalk and the future residences and to allow adequate space in the driveways for parked cars between the garage and the sidewalk. According to the applicant's findings, all utilities are available to service the two new parcels. The applicant has not shown where the final location of the utilities will be placed. A condition will be added that the applicant provide a utility plat to the city before signing of the final plat. There are a number of established trees and shrubs throughout the parcel. Many of the trees have not been maintained over the years and are diseased, rotted or dead. The applicant has indicated that five trees, three of which are less than 6" D.B.H. are to be removed. An additional three trees placed near the south property line are to be saved pending an arborist report. The only significant tree that the applicant has specifically indicated will be preserved and protected is the large Fir tree located at the southeast comer of the lot and adjacent to Normal Avenue. This tree, and the other three previously identified near the south property line, will be required to be protected and inspected before demolition occurs on site. A condition will be added that the three pending trees to be evaluated prior to demolition commences, and if they are to be saved that tree protection fencing in accordance with AMC 18.68 be installed and inspected. The applicant has also indicated that five new street trees would be located on private property behind the proposed sidewalk on Homes ,Avenue and Public Pedestrian Easement along Normal Avenue. The street trees shall be installed prior to the issuance of a certificate of occupancy. P A 2008-00654 508 Tucker St.!ada Page 2 In Staff s opinion, the application with the attached conditions complies with all applicable City ordinances, and meets the approval criteria for a Minor Land Partition. "",_~~.-'""""""""-_=",,,,,~~-,,,==~,,,,,,,"_"==--"="'''''-=>OT~"",'.'''._''''':=======_~_='',,,,,"''",..__,"='''''''''''''''_"'>_==''''''*,..-O''''',.$'''.''-ma=....."=~H,'',........T,''''''"-..,,-.. .-_,, The criteria for a Minor Land Partition are as follows: If the proposed partition does not appear to comply with the requirements for routine administrative approval, the proposal shall be submitted to the Planning Commission and 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 acijoining 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. 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 designedfor 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 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. (amended Ord. 2757, 1995) "="",-Mw.,.,.,..~..._<=~.,,,O,>O<"O""""""*""=>W~*,....__*:<"O,<:"""*:...,."..,."'''*''"_'''''".>:-="=~~___---==~_"=,,._'''''=..,.''''*''''=..,_...w''''''___,,_.='''''"....,,.,'''''''''''''~'''_...._, ,_''''''',.,'''>:-~..=>>mw",._ Planning Action 2011-00186 is approved with the following conditions. If anyone or more of the P A 2008-00654 508 Tucker St.lada Page 3 following conditions are found to be invalid for any reason whatsoever, then Planning Action 2011-00186 is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant shall be conditions of approval unless otherwise modified here. 2) That a final survey plat shall be submitted to the City within 12 months of this approval. 3) That prior to the signature of the final survey plat: a) All easements for public and private utilities and a public pedestrian access easement shall be indicated on the final survey plat along Homes Avenue and N ormal Avenue as required by the Ashland Engineering Division. b) That electric and utility services shall be installed underground to service Parcels 1 and 2. The electric service plan shall be reviewed and approved by the Ashland Electric Department and Ashland Engineering Division prior to installation. c) That the sanitary sewer laterals and water services including connection with a meter at the street shall be installed for Parcell. d) That the property owner shall sign in favor of local improvement districts for the future street improvements, including but not limited to sidewalks, parkrow, curb, gutter and storm drainage, for N ormal Avenue prior to signature of the final survey plat. The agreement shall be signed and recorded concurrently with the final survey plat. e) That a five-foot wide public pedestrian access easement shall be dedicated along the entire Normal and Homes Avenue frontages of the property. The easement shall be recorded with the final survey plat. 4) That prior to the submittal of a building permit: a) That individual lot coverage shall not exceed 50 percent ofthe lot area in accordance with the lot coverage regulations of the zoning district. Lot coverage calculations including all impervious surfaces shall be provided with building permit submittals. b) That all easements shall be identified on the building permit submittals. c) That the existing driveway approaches be improved to city standards and verified by the Ashland Engineering Department. 5) That prior to the issuance of a building permit: a) That the existing driveway approaches be identified on the permit materials. b) Tree protection fencing shall be installed according to the approved Tree Protection Plan prior to any site work, storage of materials or permit issuance. The tree protection shall be chain linle fencing six feet tall and installed in accordance with 18.61.200.B. Tree Verification Permit shall be applied for and approved by the Ashland Planning Division prior to permit issuance, site work, building demolition, and/or storage of materials. The Verification Permit is to inspect installation of tree protection fencing for the trees to be retained on site, and on adjacent properties. c) That the three trees on southern property line shall be reviewed by a licensed, certified arborist before demolition begins. lfthe trees are to be saved, then tree protection measures will be required to be installed around said trees prior to any site work begins. d) That a storm water drainage plan shall be submitted for the review and approval of the Engineering, Building, and Planning Divisions prior to issuance of a building permit for both parcels. P A 2008-00654 508 Tucker St.lada Page 4 6) That prior to the issuance of a certificate of occupancy for a newly constructed home on Parcel 2: a) That street trees, 1 per 30 feet of street frontage, shall be installed along both street frontage prior to the issuance of a certificate of occupancy for the new Single-Family residence. All street trees shall be chosen from the adopted Street Tree List and shall be installed in accordance with the specifications noted in Section E of the Site Design and Use Standards. The street trees shall be irrigated. -.---'"""") '';----:~hv l ,"....,A-. ~/<6 /2' " Da{e ' P A 2008-00654 508 Tucker St.!ada Page '5 'f I I I A1I3^V-m).008-~ WO)",uaAe"MMM PA-2011-00186 391E10DC 2700 DECKER LARRY A TRUST 3303 VALLEY VIEW RD ASHLAND, OR 97520 PA-2011-00186 391ElODC 1900 GALUSHA PAMELA J 458RAYLN ASHLAND, OR 97520 PA-2011-00186 391E10DC 2300 LATHAM KATHARINE E/JOHN T 1149 OAK ST ASHLAND, OR 97520 PA-2011-00186 391E10DC 2201 MCKENNA BLANCHE 422 RAY LN ASHLAND, OR 97520 PA-2011-00186 391E1ODC 2200 SIMMS IRENE A 432 RAY LN ASHLAND, OR 97520 PA-2011-00186 391E10DD 1400 TEAGUE SHARRY B 443 NORMAL AVE ASHLAND, OR 97520 PA-2011-00186 Leopold & Susan DeMarinis 145 Normal Ave Ashland OR 97520 ., ~ l @09L5 @AHiIJ\V' ~ r )wdn-dod pJoqaJ al JaI9A~U I ap UHl? aJnqJI!lIl?Il? za!ldal:l :J,uawa6Jl?qJ ap sues 'V PA-2011-00186 391E10DC 2500 DONAHOO TAIl 1759 HOMES AVE ASHLAND, OR 97520 PA-2011-00186 391ElODC 2800 GREER KATHLEEN SETSUKO TRUSTEE ET AL 457 RAY LN ASHLAND. OR 97520 PA-2011-00186 391E10DC 2400 LIVELY VIC/CLAUDIA TRST FBO PO BOX 276 TALENT, OR 97540 PA-2011-00186 391E10DD 1300 MEYER NANCY K TRUSTEE ET AL 425 NORMAL AVE ASHLAND, OR 97520 PA-2011-00186 39IE10DD 1600 SMYTH EVE 459 NORMAL AVE ASHLAND, OR 97520 PA-2011-00l86 39IE10DC 2900 V AN PELT CHRISTINE L 441 RAY LN ASHLAND, OR 97520 PA-2011-00186 Nancy Boyer 425 Normal St Ashland OR 97520 r W~~~~~!~~~~~~ ~~~~xa --- Jaded paa~ I __ 'f' 'f I I I @09~S @AH3^v:t.!.Ieqe6 o( zas!I!:!-n .Iolad ~ salpe~ sananb!:!-;I PA-2011-00186 391E10DC 2600 FRANCKOWIAK LAURIE J TRUST 9615 CLAY STATION RD WILTON, CA 95693 PA-2011-00186 391E10DD 1500 KAMMER LARRY TRUSTEE ET AL PO BOX 88 GOLD BEACH, OR 97444 PA-2011-00186 391E10DD 1200 MARTINDALE ROBERT E 819 Calle del Corte NE Albequerque, NM 97110 PA-2011-00186 391E10DC 2000 SCHMELING HERMAN H/SYL VIA A 492 FORDYCE ASHLAND, OR 97520 PA-2011-00l86 39IE10bc 2100 STEPHENS LONELLE D/STEPHENS ROBERT W 444 RAY LANE ASHLAND. OR 97520 PA-2011-00186 Michael E Sullivan 127 Walnut Place Phoenix OR 97535 23 3-30-2011 NOD 407 Normal St 'f' I I I @09~5 alt:!ldwa! @f.JaAV asn s(aqel @la6d Ase3 March 19,2011 Dear Neighbors, An application is in process with the City of Ashland to construct two homes at the comer of Homes and Normal, near your property. During the course of public comment the subject of existing mail delivery was raised by neighbors on Normal and Homes. This intersection has a history of traffic issues, compounded by the placement of your mailboxes on the west side of Normal, near Homes. This subject has no bearing on the planning action, but I have offered to raise the issue to see if a better solution can be found. I have researched the subject with the U. S. Postal Service and the City of Ashland. The Postal Service wishes your boxes to stay as placed on Normal as a change of location would create unsafe changes to an existing route. The City recognizes the dangers at this intersection, but require citizen request for change. I have three ideas for your consideration: 1. Install a stop sign on Homes at Normal, slowing traffic pulling onto Normal. This option will require a letter of support on your behalf to convince the City Traffic Commission of the need. 2. Replace your existing bank of individual boxes with a locking MBU delivery module. The cost of this module is about $1800 with concrete pad and installation the cost is near $2500. The Postal Service nor City will contribute to this cost. I will add my two boxes to your existing 14 and pay for the concrete pad and installation. This option will require the 14 of you to raise $112.50 each for a total of$1575 to acquire and install this module. 3. Move your bank of boxes approximately 10 feet South (up) Normal to gain some distance from the problem intersection. Should the City approve the requested planning action allowing the construction of the two homes your input into the above mentioned options would be appreciated. Mike Sullivan 127 Walnut Place Phoenix, OR 97535 541-601-2737 March 21,2011 City of Ashland Planning Division 51 Winburn Way Ashland, OR 97520 RE: Planning Action #2011-00186 Subject Property: 407 Normal Ave. To Whom It May Concern: We are writing in reference to the above named planning action with some concern regarding safety on the corner of Homes and Normal Aves. We are residents of Normal Ave. who receive mail at the bank of mailboxes on Normal Ave. adjacent to the corner with Homes Ave. As you probably know, there is no Stop Sign on Homes Ave. where it intersects with Normal Ave. Many times, while getting our mail, we have had close calls with cars rounding that corner. This has happened whether retrieving our mail on foot or in our car. ONLY because we can see over the mailboxes, and the bushes, have we been able to get out of harm's way of a non-stopping vehicle turning right onto Normal Ave. As we understand, the US Postal Service is not interested in changing locations of its mailing route. We think that developing that corner into TWO parcels would obliterate that corner's clearance by some part of the developed structures. We are hopeful that the City will protect its citizens and maintain the setbacks and sidewalk clearances necessary for safety and visibility. At the very least, we strongly request that a STOP sign be placed at the corner of Homes and Normal Aves. BEFORE there is a serious accident that would mandate it. Sincerely, j\ //1 It Iti, ' 0,j/y te."-G<t-_-.4c<'- Susan DeMarini ..~ 145 Normal Ave. Ashland, OR 97520 suedem@charter.net - ;)q;) 11/0 /' '''1/ 4t,j.l) I Leopold DeMarinis 145 Normal Ave. Ashland, OR 97520 leodem.norm@hotmail.com / ')1 / L(~'() ,;/ ( tV) ;vt,i4 cc: Ashland City Traffic Commission March 15, 2011 Refer Planning Action 2011-00186 Subject property 407 Normal Ave. Owner: Michael Sullivan My wife and I, Vie and Claudia Lively, own the property at 1774 Homes Ave. adjoining subject property. We are in agreement with Mr. Sullivan in developing his land and feel it will be a very positive addition to our neighborhood. We are also in agreement with Mr. Sullivan in requesting an exception to street standards for sidewalk placement. If he is required to place a side walk on the north side of his property it would only go to our fence line. Ifwe were required to continue the side walk it would take most of our front yard. I. \ " " Since there is a side walk on the north side of Homes Ave. next to Hunter park where there is parking and there is no parking on the south side of Homes Ave. from Walker Ave. to Normal Ave. it only seems reasonable to not require sidewalks on the south side of Homes Ave. next to Mr. Sullivan's property. It is our request that you grant Mr. Sullivan's planning action including his request for the exception. If you have any questions please feel free to call either one of us. Our numbers areas follows: Vie 541-601-7940 and Claudia is 541-601-7942 "'//J/J .' /~' f! tx~~t:Y~L. udia Lively ~ 7: fY\'{',0'-C- h \ .~- ( I ''0 iL!~, \\(\~\L~ , -[""",,-\.1.-; r C l"k ~~ CW\~\ (f'hDN ."- ~ JU1-8"-"- cl""':) L:\-cY-' .l)O"Vl/VlflASZ ll~H'- V~,~. ((A le-..Q ~\ 6'1 \).L (~, \ /' ,. co v\"- ll'-'VbL::i1-Y \l~' t'f'}'l'tkL<:; ~;;L. !-..QJzJL ~ 1~5J..~\. \J(I.,..(L, '- <".H ()'...." CVL<":..... v::\ vv \.. <'. - . . . .. . \.~. . \ o..JL ('l.ULJ.. \..) oLOl/v... ~~/). tj'YV;:7 (4. 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'" 3f. ci ~ N '" >-- ,JA" 1/6 I OOOMIJ3HS Il ~ w 3N\fl L WIJ ~ I WM ill ICJ[ ~'l] WM ill >- VJ 0 0 z -, es :"i z '" I W ~ :Q ~ G ~r 11 II ~ ~ lL <{ I: ~ Z U '> ~~8 o~5f~:r C:g8l5 ~ ~-~-~ ~_('l~ <{ttt ~--'--'t- .._~.""'-....l I I i I i -..-..-.._1 .,' ._.~-.. _.._.._.._.=.=.::...-..l..._ ..-..-.. ! ! r I I I I , ..-"...........-..-.. ' -......". -."'- .............-......... .--.. -..-. r"! + i '._.. I I -..-.._n. .. ._.._.._~_::.~.t.. I ~ "'..-.. - _.._. I ...........-..-..-.. '_.. f"'- -".-.,,-.. -.._.._.1 r .-"_ I 'yO> ...=..""""",.__..""""",.._1 / r I T'-".. / .' I I ..Q5l-..-.. //// I I '~';S'+ -'T~~_n_'_n_,,_._"_.._"_._._.._n_,- 'r ~---=L b. Jo$~ i 11 I I I, ~--t1'G--f-!- i ,J I[RT=---Y . " )~=,--7T=--~- I 111"1// I 1- IllY , II /1 It' i · ,I I .I I ' r !I " ' I ! I II ' j I I 11 I c I I il 1'1 I I 'I IIi I II " I" ' I I! L I II I ! I . ' I I I! ! ' I II ' -, I ! III. I ! I ill/ ' j I I' i J I ii II ' II ~i I ., I' ' I iI. I I II ' II II ! ! I I' I II II I I , I . I I ! I II I ,--- ! I i I I i I I' I I I II I I I, II I I i I I,' i I , , ' I I i I I l.f.....I).. I .1; I I, I , I ' I I I I : : I ' I I 1 I I I I I' ! I I: I ~ I ! ,~ I I I I I I Planning Department, 51 Winbl.o.., Way, Ashland, Oregon 97520 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 CITY OF AS LAN NOTICE OF APPLICATION PLANNING ACTION: 2011-00186 SUBJECT PROPERTY: 407 Normal Ave. OWNER/APPLICANT: Michael Sullivan DESCRIPTION: A request for a Minor Land Partition to divide the property at 407 Normal Ave into two conforming parcels. Applicant is also requesting an exception to street standards for sidewalk placement. COMPREHENSIVE PLAN OESIGNA TION: Single Family Residential; ZONING: R-1-5; ASSESSOR'S MAP: 391E 1000; TAX LOT: 1200 NOTICE OF COMPLETE APPLICATION: March 8,2011 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: March 22, 2011 SUBJECT PROPERTY: 407 Normal Ave. 39 1 E 10001200 o 10 20 40 Feel 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\2011\2011.00186 407 Nonnal.doc MINOR LAND PARTITION CRITERIA Section 18.76.050 Preliminary Approval 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) EXCEPTION TO STREET STANDARDS 18.88.050 F - Exception to Street Standards An exception to the Street Standards is not subject to the Variance requirements of section 18.100 and may be granted with respect to the Street Standards in 18.88.050 if all of the following circumstances are found to exist: A. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. B. The variance will result in equal or superior transportation facilities and connectivity; C. The variance is the minimum necessary to alleviate the difficulty; and D. The variance is consistent with the stated Purpose and Intent of the Performance Standards Options Chapter. (ORD 2951,2008; ORD 2836,1999) G:\comm-dev\planninglNotices Mailed\20 11 \2011-00186 407 NormaLdoc This map Is based on a digital database compiled by Jackson County From a variety of sources. Jackson County cannot accept responsibify for errors, omissions, or positional accuracy. There are no warranties, expressed or Implied. Map created on 3/8/201111:34:58 AM using web,Jacksoncounty.org '" I ~~ 3200 ~I ! i I , 3400/;; I" ::~ ; @ Please recycle with colored office grade paper 1 too 1100 1700 1 too 1600 Created \V1lh Map Maker JACKSON COUNTY INFORMATION TECHNOLOGY Map Maker Application Front Counter Legand C Highlighted Feature IheBuffer lheBufferTarget Tax Lot OutlineS Tax Lot Numbers JACKSON COUNTY Oregon Easy peel@ labels Use Avery@ Template 5160@ PA-2011-00186 39IEI0DC 2700 DECKER LARRY A TRUST 3303 VALLEYVIEWRD ASHLAND, OR 97520 PA-2011-00186 39IEI0DC 1900 GALUSHA PAMELA J 458RAYLN ASHLAND, OR 97520 PA-2011-00186 39IElODC 2300 LATHAM KATHARlNE E/JOHN T 1149 OAK ST ASHLAND, OR 97520 PA-2011-00186 39IEI0DC 2201 MCKENNA BLANCHE 422 RAY LN ASHLAND, OR 97520 PA-2011-00186 39IEI0DC 2200 SIMMS IRENE A 432 RAY LN ASHLAND, OR 97520 PA-2011-00186 39IEI0DD 1400 TEAGUE SHARRY B 443 NORMAL AVE ASHLAND, OR 97520 Etiquettes faciles a peler Utilisez Ie gabarit AVERY@ 5160@ I I I Jar A - Feed Paper -- I Bend along line to I expose Pop-up Edge™ 1 PA-2011-00186 39IEIODC 2500 DONAHOO T AJI 1759 HOMES AVE ASHLAND, OR 97520 PA-2011-00186 39IEI0DC 2800 GREER KATHLEEN SETSUKO TRUSTEE ET AL 457RAYLN ASHLAND. OR 97520 PA-2011-00186 39IElODC 2400 LIVELY VIC/CLAUDIA TRST FBO PO BOX 276 TALENT, OR 97540 PA-2011-00186 39IEI0DD 1300 MEYER NANCY K TRUSTEE ET AL 425 NORMAL AVE ASHLAND, OR 97520 PA-2011-00186 39IEI0DD 1600 SMYTH EVE 459 NORMAL AVE ASHLAND, OR 97520 PA-2011-00186 39IEI0DC 2900 VAN PELT CHRISTINE L 441 RAY LN ASHLAND, OR 97520 I I I A A Sens de chargement Repliez a la hachure afin de l reveler Ie rabord POp-UpMC 1 'i/i} AWRV@ 5160@ i ~ i. PA-2011-00186 39IEI0DC 2600 FRANCKOWIAK LAURIE J TRUST 9615 CLAY STATION RD WILTON, CA 95693 PA-2011-00186 39IEI0DD 1500 KAMMER LARRY TRUSTEE ET AL PO BOX 88 GOLD BEACH, OR 97444 PA-2011-00186 391ElODD 1200 MARTINDALE ROBERT E 2707 CONNELL AVE MEDFORD, OR 97501 PA-2011-00186 39IEI0DC 2000 SCHMELING HERMAN H/SYL VIA A 492 FORDYCE ASHLAND, OR 97520 PA-2011-00186 39IEI0DC 2100 STEPHENS LONELLE D/STEPHENS ROBERT W 444 RAY LANE ASHLAND. OR 97520 www.avery.com 1-800-GO.AVEIW j I I ! 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, 2011 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 #2011-00186,407 Normal. G:\comm-dev\planning\Forms & HandoutslAffidavlt of Mailing_Planning Action Notice.doc Findings for Minor Land Partition Review A. The future use for urban purposes of the remainder tract will not be impeded. Approval of this request will create two conforming single family residential lots. B. The development of the remainder of any adjoining land or access thereto will not be impeded. All adjacent lots have full access to public streets and services without crossing subject property. C. The tract of land has not partitioned for 12 months. No action has taken place on this property within the past year. D. The portioning is not is conflict with any law, ordinance or resolution applicable to the land. Proposed partition is in full compliance with existing laws, ordinances and resolutions. E. The portioning is not in accordance with the design and street standards contained in the Chapter on subdivisions. Applicant is asking for a variance to allow 5' sidewalks to be constructed adjacent to city street curbing. See attached request for exception. F. Adequate public facilities exist for water, sanitary sewer, storm sewer and electricity. Current structures on the property are legally connected to all existing water, sewer and electricity. Pre-app document verifies compliance. City of Ashland Electric Department wishes to continue use of existing overhead serVIces. G. Access to improved public streets exists on both Homes and Normal Avenues. H. No alley exists on or adjacent to the property. Request for Exception to Street Standards 188.88.050 F Applicant seeks 5 foot easement for sidewalk installation adjacent to property line. A. There is demonstrable difficulty in meeting the specific requirements of this chapter due to unique or unusual aspect of the site. At present, there are no sidewalks existing on the residential side of Homes or Normal Avenues within this neighborhood. Location of existing residences along both streets makes it virtually impossible to grant a 12' easement for a 5' sidewalk and a 7' park row. To do so would place future sidewalks on adjacent propeliies within 5' of some residences. B. The variance will result in equal or superior transportation facilities and cOilllectivity. A 5' sidewalk easement allows placement of sidewalks adjacent to the city street, providing a workable plan for continuing sidewalks throughout the neighborhood where none currently exist, certainly improving connectivity. C. The variance is the minimum necessary to alleviate the difficulty. A 5' sidewalk easement meets minimum sidewalk requirements while not asking neighboring lots to potentially lose mature trees and landscape or place public sidewalks within a few feet of home fronts. D. The variance is consistent with the stated Purpose and Intent of the Performance Standards Option Chapter. 18.88.010 Purpose and Intent provides an option for more flexible design than is permissible under conventional zoning codes. The design should stress energy efficiency, architectural creativity and innovation, use the natural features of the landscape to their greatest advantage, providing a quality of life equal to or greater than that provided in developments built under the standard zoning codes, be aesthetically pleasing, provide for more efficient land use, and reduce impact of development on the natural environment and neighborhood. A 5' sidewalk easement on both Homes and Normal will take advantage of existing mature landscaping, have less impact on the existing landscape during construction, be more aesthetically pleasing and greatly reduce the neighborhood impact ofa 12' easement consisting ofa 7' park row and a 5'sidewalk. It can be argued that the required park row already exists adjacent to the requested 5' sidewalk easement in the form of mature trees and landscaping which will be saved by this request. A c1j A- cev-- -t L f\-V\ d ()(,U~-"o-s 5"2e A-tl- fr-c k.e A Lt'si- --u 3500 11O.\,fI'S 2500 , i~ 0: 2300@ 220t 0.1 Q) '-V! 2- I 1300 1200 2600 too 2700 I 2800 2200 is i I 2100 i ~ ;' ~. 1400 3200 2000 1500 I I@C .' :J7Mm Recorded names of owners of adjacent land 1. subject propeliy 2. Nancy Meyer, 425 Normal Ave. 3. Vie Lively, 1774 Homes Ave. 4. Katherine Latham, 418 Ray Lane 5. Blanche Mckenna, 422Ray Lane 6. Sharry Teague, 443 Normal Ave. Durable limited Power of Attorney Effective Immediately Notice to Adult Signing this Document: Th~s is an important document. Before signing this document, you should know these important facts. By signing this document, you are not giving up any powers or rights to control your finances and property yourself. In addition to your own powers and rights, you are giving another person, your attorney-in-fact, broad powers to handle your finances and property, which may include powers to encumber, sell or otherwise dispose of any real or personal property without advance notice to you or approval by you. THE POWERS GRANTED UNDER THIS DOCUMENT ARE EFFECTIVE IMMEDIATELY AND WILL REMAIN IN EFFECT IF YOU BECOME DISABLED OR INCAPACITATED. This document does not authorize anyone to make medical or other health care decisions for you. If you own complex or special assets such as a business, or if there is anything about this form that you do not undel'stand, you should ask a lawyer to explain this form to you before you sign it. If you wish to change your durable limited power of attorney, you must complete a new document and revoke this one. You have the right to revoke the designation of the attorney-in-fact and the right to revoke this entire document at any time and in any manner. You may revoke this document at any time by destroying it, by directing another person to destroy it in your presence or by signing a written and dated statement expressing your intent to revoke this document. If you revoke this document, you should notify your attorney-in-fact and any other person to whom you have given a copy of the form. You also should notify all par- ties having custody of your assets. These parties have no responsibility to you unless you actually notify them of the revocation. If your attorney-in-fact is your spouse and your marriage is annulled, or you are divorced after signing this document, this document may become invalid. Since some third parties or some transactions may not permit use ofthis document, it is advisable to check in advance, if possible, for any special requirements that may be imposed. You should sign this form only if the attorney-in-fact you name is reliable, trustworthy and competent to manage your affairs. Generally, you may designate any competent adult as the attorney-in-fact under this document. I, ~(j11etZ-.c f. f/MTINf)A~ City of At-./J () f, 0 If Ii (j) t9 If , ( do appoint 111 C(-I- A if" L :; ()UI !/ AN City of P !-lOt. It! ( X. ,of f I C( C (o..L6[; DC L. (.0 {L'ltf:(yl3. ' , State of 1\1 i 4/ It k 'II cO & r-1/6 , as Principal, , of P {21 'wAL-f.(Ul (l C-ALtL , State of (j f2... f- (yO IV Cff!J' J r; , as my attomey-in-fact to act in my name, place and stead in any way which I myself could do, in were personally present, with respect to the following specific matters to the extent that I am pennitted by law t.o act through an agent: T (.~ /1 Arl.l ANY f;:1'.JO f->.t-c. PJ'!-&15tYfllS fLIf.61\..jC..Oltfl& 1\/111/ fLf-,Hf/~IV(p AC,{-fott!J FIJI!.. 1.-(07 IVOcc.6"/ALC Jt{tE /tJoo (Oe (2fj6~/j.{CLl)fi)(~& ~((;-I{At~l2.(; /~(dg , A L I hi A AV \/ h,L AI III A t-L /.J ~CI > (" /l~ 71& N It.'" vJ/tf:: 5. (\-iJ 1:1 I 40 C.-f'l-75o ~ !; pIUJCtf,;'S,/fS {\14l(J {I'I' 1 ('q'lV / I . , ,'. /) 1E1!..!1 U (( tJ/ /.. /~/l{ 0 C () ill c" 1'/!,VG!' IOtt/ 0 I:: ()/d Ii c;, (Iff 0Uf pf>. hl'Ly 11 (.: (, {}.. tlLlJ( A/ ~ /" ).. S -'L #'2 l f V7Cl. . ~ ..l" C;..t of rllt (?vl) M5uL'(-A6/'C La-I L-vLt;?-tlTtflJ IJ 7 (t~s 1& 4.tlI Lt~ () ptl f> ~ / ILl ( () 7' w () Lib- 6c..t {>{ ~ 5' occtf..5 5 ,LOt... /J I /1/ /1111/ & tiF- LO r I 2-D 0 / (ft[. r, ~/'1 / tUt, p1 Oll-Ol lob to ?t;./t'V A;;f-/t./,-;<I/).-J' a/lii GtJN c 6(\( j-() P- ' This power of attomey shall only become effective immediately and shall remain in full effect upon my disability or incapacitation. This power of attorney grants no power or authority regarding healthcare decisions to my designated attorney-in-fact. *NOVA ALFP126 Durable Limited POA-Immedlate Pg.l (OHJ9) If the attorney-in-fact named above is unable or unwilling to serve, then I appoint 1\\0 IV ii , of II J;) Nt' I HONk ,Stateof / )Jo/VE I , to be my City of successor attorney-in-fact for all purposes hereunder. My attomey-in-fact is granted full and unlimited power to act on my behalf in the same manner as in were person- ally present with respect only to the matters that I have listed above. My attomey-in-fact accepts this appointment and agrees to act in my best interest as he or she considers advisable. To induce any third party to rely upon this power of attomey, I agree that any third party receiving a signed copy or facsimile of this power of attomey may rely upon such copy, and that revocation or termination of this power of attorney shall be ineffective as to such third party until actual notice or knowledge of such revocation or termination shall have been received by such third party. I, for myself and for my heirs, executors, legal representatives and assigns, agree to indemnify and hold hannless any such third party from any and all claims that may arise against such third party by reason of such third party having relied on the provisions of this power of attomey, This power of attorney may be revoked by me at any time and is automatically revoked upon my death. My attorney-in-fact shall not be compensated for his or her services nor shall my attomey-in- fact be liable to me, my estate, heirs, successors, or assigns for acting or refraining from acting under this document, except for willful misconduct or gross negligence. Revocation of this document is not effective unless a third party has actual knowledge of such revocation. Signature and Declaration of Principal I, e. c> (!) filL r t:. 11 /I... &. U ry,j) ALtE , the principal, sign my name to this power of attomey this 2.. 3J~t) day of PICCk:j;{ /~f( 'Jv l r....J and, being first duly swom, do declare to the undersigned authority that I sign and execute this instmment as my power of attorney and that I sign it willingly, or willingly direct another to sign for me, that I execute it as my free and voluntmy act for the purposes expressed in the power of attorney and that I am eighteen years of age or older, of sound mind and under no constraint or undue influ- ence, and that I have read and understand the contents of the notice at the beginning of this document. IflA Idd C ilt~:! ,U3b ~fPrincipal Witness Attestation I, kl~)//I/ D, (YV/tjl IIY , the first witness, and I, P tTG!L ~. Ivj Ate TIN 0 !~u;', the second witness, sign my name to the foregoing power of attorney being first duly SWOl11 and do declare to the undersigned authority that the principal signs and executes this instmment as his/her power of attorney and that he/she signs it willingly, or willingly directs another to sign for him/her, and that I, in the presence and hearing ofthe princi- pal, sign this power of attorney as witness to the principal'8 signing and that to the best of my knowledge the principal is eighteen years of age or older, of sound mind and under no constraint or undue influence. ~i'g lature ofPirst Witness ~..::tkn/ C1 ~-1fU~~ ~.jJ~ Signature of Second Witness V'-' ZONING PERMIT APPLICATION Planning Division 51 Winburn Way, Ashland OR 97520 CITY OF AS H LAN D 541-488-5305 Fax 541-488-6006 ~ /n o/.? FILE DESCRIPTION OF PROJECT L /-1 /? or" ~/"':7 / ';//CA../ 7107 loc/c/ /76JP'!-/114/ Pursuing LEED@ Certification? 0 YES 0 NO ,4'/Je, DESCRIPTION OF PROPERTY Street Address Assessor's Map No. 39 1 E Tax Lot(s) / 2.. bO Zoning Comp Plan Designation APPLICANT Name /11/(.I/I-e/ <' S;j,1:""~t Address / 2. ? tJ;:,-,/:,t..t r Phone 5'- // ~ / 2 7s / E-M'I 1l1/;t~ 9~55 ~OJII;9';/ Z-'. al V . c:: .cp. City ? ~e'1; '" ~e Zip '} 7'5 .s s rt/ PROPERTY OWNER Name ~~ee?-~ ~l9r75' '~A:. Phone Address g If O+./Itf de I SURVEYOR, ENGINEER. ARCHITECT. LANDSCAP{!\RCHITEcf:PTHER 4 _ Title Name ~~ (/CJ5 PhoneS'w 55St /.f CMail City 'r' ~ /.e/J7- (/)/2 Zip City E-Mail /II dtf(/~er;Qb<i! /!/ L ca~~ ;(/z ~ 7lj@ Address 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 017 me to establish: 7) 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 request being set aside, but also possibly in my structures being built in reliance thereon being required to be removefltjJ;my expen.fj;s(J' If I have an doubts, I am advised to seek competent professional advice and assistance. /h--C- 'v--. .z. /7 // Applicant's Signature Date As owner of the property involved in this request, I have read 8j){i understooJjJhe complete apPli.ca. tion and its co. nsequences to me as a property ow~. ~//..dy ~~~ . . .~.... 4-~~ .z. /'? .// Property Owner's Signature (required) Date ITo be completed by City Starij Date Received Zoning Permit Type Filing Fee $ OVER ~~ G:\comm-dev\planning\Fonns & Handouts\Zoning Permit Application. doc Contractor: Address: Phone: State Lic No: City Lic No: Sub-Contractor: Address: Phone: State Lic No: City Lic No: COMMUNITY DEVELOPMENT 20 East Main 51. 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