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HomeMy WebLinkAboutOak Knoll_805-897_PA-2011-00319 April 28, 2011 CITY Of ASHLAND Dan Thomas 897 Oak Knoll Drive Ashland OR 97520 RE: RE: Planning Action #PA-2011-00319 Notice of Decision At its meeting of April 12, 2011, based on the record of the public meetings and hearings on this matter, the Ashland Planning Commission approved your request for a variance for the property located at 805,815,825,835,843,851,861,873,881,889,&897 Oak Knoll Drive -- Assessor's Map # 39 1E 14 AD; Tax Lots 4900-5900. The Ashland Planning Commission approved and signed the Findings, Conclusions and Orders document, on April 26, 2011. Approval is valid for a period of one year. Please review the attached fmdings and conditions of approval. The conditions of approval shall be met prior to project completion. Copies of the Findings, Conclusions and Orders document, the application and all associated documents and evidence submitted, applicable criteria and standards are available for review at the Ashland Community Development Department, located at 51 Winburn Way. This decision may be appealed to the Ashland City Council if a Notice of Appeal is filed within 13 days ofthe date this notice was mailed and with the required fee ($304), in accordance with Chapter 18.108.110 (A) of the Ashland Municipal Code. The appeal may not be made directly to the Land Use Board of Appeals. The appeal shall be limited to the criteria listed in Chapter 18.108.110 of the Ashland Municipal Code, which is also attached. If you have any questions regarding this decision, please contact the Community Development Department between the hours of 8:00 am and 4:30 pm, Monday through Friday at (541) 488-5305. cc: Property Owners within 200 feet of project Parties of record Margueritte Hickman, Ashland Fire Marshal Ian Horlacher, ODOT DEPT, OF COMMUNITY DEVELOPMENT 20 E. Main Street Ashland, Oregon 97520 www.ashland.or.us Tel: 541-488-5305 Fax: 541-552-2050 TIY: 800-735-2900 SECTION 18.108.110 Appeal to Council. A. Appeals of Type IT decisions - shall be initiated by a notice of appeal filed with the City Administrator. The standard Appeal Fee shall be required as part of the notice. All the appeal requirements of Section 18.108.110, including the appeal fee, must be fully met or the appeal will be considered by the city as jurisdictionally defective and will not be heard or considered. 1. The appeal shall be filed prior to the effective date of the decision of the Commission, 2. The notice shall include the appellant's name, address, a reference to the decision sought to be reviewed, a statement as to how the appellant qualifies as a party, the date of the decision being appealed, and a clear and distinct identification of the specific grounds for which the decision should be reversed or modified, based on identified applicable criteria or procedural irregularity. 3. The notice of appeal, together with notice of the date, time and place to consider the appeal by the Council shall be mailed to the parties at least 20 days prior to the meeting. 4. A. B. Except upon the election to re-open the record as set forth in subparagraph 4.B. below, the review of a decision of the Planning Commission by the City Council shall be confmed to the record of the proceeding before the Planning Commission. The record shall consist of the application and all materials submitted with it; documentary evidence, exhibits and materials submitted during the hearing or at other times when the record before the Planning Commission was open; recorded testimony; (including DVDs when available), the executed decision of the Planning Commission, including the findings and conclusions. In addition, for purposes of City Council review, the notice of appeal and the written arguments submitted by the parties to the appeal, and the oral arguments, if any, shall become part of the record ofthe appeal proceeding. The Council may reopen the record and consider new evidence on a limited basis, if such a request to reopen the record is made to the City Administrator together with the filing of the notice of appeal and the City Administrator determines prior to the City Council aPl?eal hearing that the requesting party has demonstrated: a. That the Planning Commission committed a procedural error, through no fault of the requesting party, that prejudiced the requesting party's substantial rights and that reopening the record before the Council is the only means of correcting the error; or That a factual error occurred before the Planning Commission through no fault of the requesting party which is relevant to an approval criterion and material to the decision; or That new evidence material to the decision on appeal exists which was unavailable, through no fault of the requesting party, when the record of the proceeding was open,. and during the period when the requesting party could have requested reconsideration. A requesting party may only qualify for this exception if he or she demonstrates that the new evidence is relevant- to an approval criterion and material to the decision. This exception shall be strictly construed by the Council in order to ensure that only relevant evidence and testimony is submitted to the hearing body. b. c. DEPT. OF COMMUNITY DEVELOPMENT 20 E, Main Street Ashland. Oregon 97520 www.ashland.or.us Tel: 541-488-5305 Fax: 541-552-2050 TIY: 800-735-2900 Re-opening the record for purposes of this section means the submission of additional written testimony and evidence, not oral testimony or presentation of evidence before the City Council. C. Oral argument on the appeal shall be permitted before the Council. Oral argument shall be limited to ten (10) minutes for the applicant, ten (10) for the appellant, if different, and three (3) minutes for any other Party who participated below. A party shall not be permitted oral argument if written arguments have not been timely submitted. Written arguments shall be submitted no less than ten (10) days prior to the Council consideration of the appeal. Written and oral arguments on the appeal shall be limited to those issues clearly and distinctly set forth in the Notice of Appeal; similarly, oral argument shall be confmed to the substance of the written argument~ D. Upon review, and except when limited reopening of the record is allowed, the City Council shall not re-examine issues of fact and shall limit its review to determining whether there is substantial evidence to support the fmdings of the Planning Commission, or to determining if errors in law were committed by the Commission. Review shall in any event be limited to those issues clearly and distinctly set forth in the notice of appeal. No issue may be raised on appeal to the Council that was not raised before the Planning Commission with sufficient specificity to enable the Commission and the parties to respond. E. The Council may affirm, reverse, modify or remand the decision and may approve or deny the request, or grant approval with conditions. The Council shall make fmdings and conclusions, and make a decision based on the record before it as justification for its action. The Council shall cause copies of a fmal order to be sent to all parties participating in the appeal. Upon recommendatioll. of the Administrator, the Council may elect to summarily remand the matter to the Planning Commission. If the City Council elects to remand a decision to the Planning Commission, either summarily or otherwise, the Planning Commission decision shall be the final decision of the City, unless the Council calls the matter up pursuant to Section 18.l08.070.B.5 , F. Appeals may only be filed by parties to the planning action. "Parties" shall be defined as the following: 1. 2. The applicant. Persons who participated in the public hearing, either orally or in writing. Failure to participate in the public hearing, either orally or in writing, precludes the right of appeal to the Council. Persons who were entitled to receive notice of the action but did not receive notice due to error. 3. DEPT. OF COMMUNITY DEVELOPMENT 20 E, Main Street Ashland, Oregon 97520 www.ashland.or.us Tel: 541-488-5305 Fax: 541-552-2050 TIY: 800-735-2900 BEFORE THE PLANNING COMMISSION April 26, 2011 IN THE MATIER OF PLANNING ACTION #2011-00319, A REQUEST FOR ) A 23 PERCENT VARIANCE APPROVAL TO THE MAXIMUM FENCE HEIGHT ) OF SIX-AND-ONE-HALF FEET. THE APPLICANTS ARE PROPOSING TO ) CONSTRUCT AN EIGHT-FOOT TALL WALL ALONG THE REAR PROPERTY ) FINDINGS, LINES FOR THE PROPERTIES LOCATED AT 805 - 897 OAK KNOLL DRIVE ) CONCLUSIONS ADJACENT TO INTERSTATE 5 AND TAX LOT 7000 ) AND ORDERS APPLICANT: Dan Thomas, Neighborhood Representative RECITALS: 1) Tax lots #4900 through 5900 of Map 39 IE 14 AD are located at 805 through 897 Oak Knoll Drive and are zoned R-l-l 0, Single Family Residential. 2) The applicants are requesting a 23 percent Variance approval to the maximum fence height of six- and-one-half feet. The applicants are proposing to construct an eight foot tall wall along the rear property lines ofthe properties located at 805 - 897 Oak Knoll Drive. 3) The criteria for Fence Permit approval are described in Chapter 18.68.010 as follows: Fences, walls, hedges and screen planting shall be subject to the following standards: A. In any required front yard, provided they do not exceed three and on~,~half (3 112) fiet in height. B. In any rear or side yard, provided they do not exceed six and one-half (6 112) fiet in height. C. The height of finces or walls in rear or sideyard setback areas abutting a public street shall be forty-eight (48) inches or less if said fences or walls are within ten (10) feet of any public street except an alley. D, The framework for newly constructed fences and walls shall face toward the builder's property, except where fences are jointly constructed. E. Fences shall lean at an angle from the vertical plane no greater than five (5%) percent. In cases where this limitation is exceeded and a written complaint is received by the Planning Department, the property owner shall be notified, in writing, of the problem. The Planning Department shall take action only on the basis of a written complaint, or on its own action, 4) The criteria for a Variance are described in Chapter 18.100.02(}as follows: A. That there are unique or unusual circumstances which apply to this site which do not typically apply elsewhere. B. That the proposal's benefits will be greater than any negative impacts on the development of the a4Jacent uses; and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City. (Ord2425 S1, 1987) PA #2011-00319 April 26, 2011 Page 1 C. That the circumstances or conditions have not been willfully or purposely self-imposed. (Ord. 2775, 1996) 5) The Planning Commission, following proper public notice, held a public hearing on Apri112, 2011 at which time testimony was received and exhibits were presented. The Planning Commission approved the application subject to conditions pertaining to the variance to maximum wall height. Now, therefore, the Planning Commission of the City of Ashland finds, concludes and recommends as follows: SECTION 1. EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with a "P" Hearing Minutes, Notices, and Miscellaneous Exhibits lettered with an "M" SECTION 2. CONCLUSORY FINDINGS 2.1 The Planning Commission finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 2.2 The Planning Commission fmds that the proposal for 23 percent variance approval to construct an eight foot tall wall meets all applicable criteria for Variance approval as described in Chapter 18.100. 2.3 The Planning Commission finds that the proposal meets all applicable ordinance requirements of the City of Ashland with the attached conditions of approval. The Site Plan provided delineates the proposed wall location, and the findings address the proposed construction materials as concrete. 2.4 The Planning Commission fmds that the proposed 23 percent variance to the maximum wall height of six-and-one-half feet to construct an eight foot tall wall is merited because it is the minimum necessary to abate the noise and will provide a non-combustible physical barrier to the freeway. 2.5 The Planning Commission finds that there are unique or unusual circumstances which necessitate a Variance to the wall height, that the benefits of the proposal will outweigh any negative impacts of the proposed Variance, and that the need for a Variance is not willfully or purposely self-imposed. PA #2011.00319 April 26, 2011 Page 2 The Commission finds that this is a unique situation because the subject area is the only residential neighborhood in Ashland which is directly adjacent to Interstate 5. The Commission further finds that the proposed wall furthers the purpose and intent of Element IV of the Comprehensive Plan dealing with Environmental Resources which calls for no new residential developments adjacent to the freeway due to potential noise impacts and where residential development has occurred, it calls for efforts to achieve acceptable noise standards for the living space within the homes. The Commission finds that the ability to build a wall that is 23% taller than is normally permitted will provide the applicants, recently affected by the Oak Knoll Fire, with an increased sense of security by providing a visual and physical barrier between their yards and the freeway. Additionally, the additional wall height provides a greater degree of sound attenuation for the applicants and their neighbors. The Commission finds that the Variance to build an eight-foot tall wall provides security and sound attenuation benefits to the applicants, and the Variance criteria require that these benefits outweigh any negative impacts to the surrounding area. The proposed wall will be a considerable length because it spans the rear of 11 properties, and the wall will be visible from properties across the freeway and from Interstate 5. The area to the south of Interchange 14 including the subject properties serve as a gateway to Ashland because the area is the first impression that many visitors see when entering the city from the south. The Commission finds the visual impacts of the eight-foot tall wall to neighboring properties, as well as the to the gateway location, need to be considered. The proposal is to construct the wall in simple concrete block with grey seams. The Planning Commission finds that the proposed wall should have an aesthetically-pleasing appearance to mitigate the visual impacts of an eight-foot tall wall of considerable length, and that the exterior of the wall facing the neighboring properties and Interstate 5 should be of a high design standard providing visual relief. As a result, a condition of approval is included requiring the wall to be constructed with colored and/or textured block. The Commission finds that requiring wall with color or varied surface is consistent with the policies of Element VIII of the Comprehensive Plan which require "high standards of design and landscaping for development adjacent to major arterials" (VIII, policy 11). The Commission fmds that the proximity of the freeway to the residential properties which the applicant are attempting to buffer with the eight foot tall wall with the requested Variance are not a willfully or purposely self-imposed condition, as both the subdivision and the freeway existed prior to the current owners' acquisition of the property. SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that the proposed Variance to the maximum wall height to construct an eight (8) foot tall wall is supported by evidence contained within the record. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action #2011-00319. Further, if anyone or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #2011-00319 is denied. The PA #2011-00319 April 26, 2011 Page 3 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 the wall shall be constructed of colored and/or textured block, or a comparable alternative method approved by the Staff Advisor prior to the issuance of the building permit. If colored block is used, the color shall be a neutral, earth tone color. The three northernmost lots (805, 815 and 835 Oak Knoll Dr.) which share a common boundary with (39 IE 14AD 7000) shall meet a minimum of a concrete block and seam wall, but are not required to be constructed of colored and/or textured block due to the location not being directly adjacent to and visible from the Interstate 5 right-of-way. 3) That building permit submittals shall include engineered designs signed and stamped by the project engineer. 4) That prior to the issuance of a building permit: a) The request fee waiver for the Planning Action fees shall be approved by the Ashland City Council. If no fee waiver is approved by Council, the Planning Action fees would need to be paid, along with any applicable building permit fees, prior to building permit issuance. b) That a utility locate to identify any utility lines in the vicinity of the proposed wall construction prior to the commencement of construction for the wall. 5) The wall and its surface finish shall be maintained in perpetuity, including the removal of graffiti, and re-surfacing if the surface fades, chips, erodes or otherwise degrades over time. 6) That property owners may construct independent sections of the proposed eight-foot tall concrete wall in lieu of a permitted six and a half foot tall fence. The concrete wall may be built in independent segments provided it is constructed in accordance with the above condition of approval regulating color and materials in order to ensure the wall is ultimately designed and constructed as one cohesive unit. 1/ Planning Commission Approval Date PA #2011~00319 April 26, 2011 Page 4 PA-2011-00319 391 E14AD 2200 PA-2011-00319 391E14AD 6209 PA-2011-00319 391 E14AD 4000 ASPINALL JEAN C ET AL BEAUGHAN BARBARA BELL LYNDA L 1119 CLIFF DR 780 W PEBBLE BEACH 780 OAK KNOLL DR SANTABARBARA CA 93109 ASHLAND OR 97520 ASHLAND OR 97520 PA-2011-00319 391 E14AD 5700 PA-2011-00319 391E14AD 5300 PA-2011-00319 391E14AD 3400 BREWER LOIS L ET AL CHRISTIAN L1ZA KENDALL COFFIN JOSEPHINE 881 OAK KNOLL DR PO BOX 13 862 OAK KNOLL DR ASHLAND OR 97520 TALENT OR 97540 ASHLAND OR 97520 PA-2011-00319 391 E14AD 4100 PA-2011-00319 391E14AD 5000 PA-2011-00319 391E14AD 2100 CULLINS LETICIA ANNE TRUSTEE ET AL DAOUST JASON NEAL DOHERTY MEGAN 778 OAK KNOLL DR 815 OAK KNOLL DR 795 TWIN PINES CIR ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2011-00319 391 E14AD 4900 PA-2011-00319 391E14AD 2600 PA-2011-003.19 391E14AD 3100 FARIA PATRICIA L FRANCISCO EMILY A MILLER/GRANT D FREED JERRY R/ESTHER M 2933 LINCOLN AVE MILLER 944 OAK KNOLL DR ALAMEDA CA 94501 845 TWIN PINES CIR ASHLAND OR 97520 ASHLAND OR 97520 PA-2011-00319 391E14AD 3500 PA-2011-00319 391 E14AD 3600 PA-2011-00319 391E14AD 5800 FREY EMOGENE A GENISE LIVIA GUSTAFSON DAVID L/DANNA L 852 OAK KNOLL 840 OAK KNOLL 889 OAK KNOLL DR ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA"2011-00319 391 E14AD 2500 PA-2011-00319 391 E14AD 4700 PA-2011-00319 391 E14AD 3300 HAUGHTON BRIAN S/TRACY S HOOD RICHARD D/L1NDA JOHNS ROBERT L/KA THLEEN G 32 THALIA ST 785 OAK KNOLL DR 874 OAK KNOLL DR MILL VALLEY CA 94941 ASHLAND OR 97520 ASHLAND OR 97520 PA-2011-00319 391E14AD 2700 PA-2011-00319 391E14AD 5600 PA-2011-00319 391E14AD 7100 LOGAN JAMES B/ELlZABETH B LUCAS NANOSH/JONES LISA MILLS JAMES P 853 TWIN PINES CIR 873 OAK KNOLL DR PO BOX 3196 ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2011-00319 391 E14AD 7000 PA-2011-00319 391 E14AA 7000 PA-2011-00319 391 E14AD 6211 MOORE CLAUDETTE MORJIG STEVEN H NOAKES SHIRLEY J 985 HIGHBURY DR 610 CHESTNUT ST 740 W PEBBLE BEACH DR MEDFORD OR 97501 ASHLAND OR 97520 ASHLAND OR 97520 PA-2011-00319 391E14AD 5200 PA-2011-00319 391E14AA 7000 PA-2011-00319 391E14AD 5100 OGIER RICHARD A/MICHELLE L OUTDOOR MEDIA DIMENSIONS INC PATTERSON CLARENCE 0 - TRUSTEE 835 OAK KNOLL DR 2626 WYATT DR 6830 HWY 66 ASHLAND OR 97520 MEDFORD OR 97501 ASHLAND OR 97520 PA-2011-00319 391 E14AD 5500 PA-2011-00319 391E14AD 6210 PA-2011-00319 391E14AD 6000 PEDERSON GARY R/PEDERSON PIERCE CARL D TRUSTEE ET AL RECIO MARTIN A TRUSTEE ET AL ROBERT L 2012 STONEFIELD LN 979 OAK KNOLL DR 861 OAK KNOLL DR SANTA ROSA CA 95403 ASHLAND OR 97520 ASHLAND OR 97520 PA-2011-00319 391E14AD 4800 PA-2011-00319 391E14AD 6100 PA-2011-00319 391E14AD 2400 REINHOLZ HARVEY H TRUSTEE SECOY JACK REED TRUSTEE ET AL SIEFKIN RANDOLPH R TRUSTEE ET AL 1310 TALENT AVE A 1257 SISKIYOU BLVD 132 1809 EDGEBROOD DR A TALENT OR 97540 ASHLAND OR 97520 MODESTO CA 95354 PA-2011-00319 391 E14AD 4400 PA-2011-00319 391 E14AD 4500 PA-2011-00319 391E14AD 3800 SLAPNICKA ELDEN R TRUSTEE SLAPNICKA ELDEN R TRUSTEE SWEET DENNIS E/BEVERL Y T 765 OAK KNOLL DR 765 OAK KNOLL DR 1135 REITEN DR ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2011-00319 391 E14AD 4600 PA-2011-00319 391E14AD 5900 PA-2011-00319 391E14AA 6100 T & R VENTURES LLC THOMAS DANIEL J/JULLE C TRIPOLI RICHARD TRUSTEE ET AL 994 MORTON ST 897 OAK KNOLL DR 690 SPRING CR DR ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2011-00319 391 E14AD 5400 P!'. 2011 00319 391E14!'.D 3200 PA72011-00319 391E14AD 3700 TURNER MARTHA I VAN DER LINDEN VIRGINIA H WALKER MATTHEW S/CYNTHIA L 851 OAK KNOLL DR !\SCH!\FFENBURGERSTR.16A 826 OAK KNOLL DR ASHLAND OR 97520 10779 BERLIN I ASHLAND OR 97520 PA-2011-00319 391 E14AD 2301 PA-2011-00319 391E14AD 3000 PA-2011-00319 391E14AD 2800 WAND JUDE/WAND AISHA S WARD JOHN D/PAULA K WEISINGER ERIC J 811 TWIN PINES CIR 885 TWIN PINES CIR 861 TWIN PINE CIR ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 ODOT - lan.K,Horlacher Marguerite Hickman 46 100 Antelope Road Ashland Fire Department 3-23-11 AL White City, OR 97503 20 E Main St 805-897 Oak Knoll Ashland OR 97520 CITY Of ASHLAND ASHLAND PLANNING COMMISSION SPECIAL MEETING MINUTES April 26, 2011 CALL TO ORDER Chair Pam Marsh called the special meeting to order at 8:45 p.m, in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Larry Blake Micahel Dawkins Pam Marsh Melanie Mindlin John Rinaldi, Jr, Staff Present: Bill Molnar, Community Development Director Brandon Goldman, Senior Planner April Lucas, Administrative Supervisor Absent Members: Debbie Miller UNFINISHED BUSINESS 1. Approval of Findings for PA.2011.00319, Oak Knoll Wall Variance. Ex Parte Contact: Commissioner Marsh stated she made a brief house warming visit to one of the houses, but did not go in the backyard or discuss this action, No ex parte contact was reported, Community Development Director Bill Molnar noted the options outlined in the Staff Memo for an additional condition #6, He clarified Option 1 requires one continuous wall with the same style along all 11 properties; while Option 2 sets a specific 8 ft. wall design, but allows the properties owners to build it in sections and does not preclude an individual property owner from building a 6,5 ft, fence as allowed by the ordinance, Commissioner Marsh clarified the question before them is not what they believe is the best solution looking back in retrospect, but rather what did they intend to approve when the motion was made, Rinaldi stated it was his understanding that they all understood it was unlikely al111 property owners would build the same kind of fence, and all of the homes might not utilize the variance, He commented that the best solution would be a continuous wall, but stated this is not what was approved, Marsh agreed with Rinaldi's recollection, Suggestion was made to amend section 2,5 of the Findings to state lias a result, a condition of approval is included requiring the wall to be constructed with colored and/or textured block, in ardor to onsuro the wall is ana cohosi'/O unit which is 3/S0 3asthotic311y pleasing". Senior Planner Brandon Goldman clarified the first person who applies to build an 8 ft. concrete wall will establish the design pattern that the rest of the owners will have to follow, Staff clarified the approval already requires the blocks be painted, textured and earth-toned, so the design options are fairly limited, Mindlin requested staff make sure the property owners are aware that the first wall section sets the precedent that the rest of the owners will have to follow if they want to go up to 8 ft, Commissioners Rinaldi/Dawkins m/s to approve the Findings for PA.2011.00319 with the addition of Condition #6 option 2, and amending the sentence in section 2.5 as discussed. DISCUSSION: Mindlin questioned section 2.4 and a friendly amendment was requested to change the sentence to read "", an 8 ft tall wall is merited because it is the minimum necessary to abate the noise and will provide a non-combustible physical barrier to the freeway." Rinaldi and Dawkins agreed to this amendment. Voice Vote on motion as amended: All AYES, Motion passed 5.0. Planning Commission Special Meeting Aplil26, 2011 Page 1 of 2 CITY OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES April 12, 2011 CALL TO ORDER Chair Pam Marsh called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Larry Blake Michael Dawkins Pam Marsh Melanie Mindlin John Rinaldi, Jr, Staff Present: Maria Harris, Planning Manager Amy Gunter, Assistant Planner April Lucas, Administrative Supervisor Absent Members: Debbie Miller Council Liaison: Russ Silbiger, absent ANNOUNCEMENTS Commissioner Marsh noted the April 26th Study Session will be a joint meeting with the Transportation Commission to discuss the City's TSP Update. CONSENT AGENDA A. Approval of Minutes 1. March 8, 2011 Planning Commission Meeting. Commissioners Dawkins/Mindlin m/s to approve the Consent Agenda. Voice Vote: all AYES. Motion passed 4.0. (Rinaldi abstained) PUBLIC FORUM No one came forward to speak, UNFINISHED BUSINESS A. Approval of Findings for PA.2011.00043, 400 Allison Street. Ex Parte Contact: No ex parte contact was reported, Commissioners Rinaldi/Dawkins m/s to approve the Findings for PA.2011.00043. Voice Vote: All AYES, Motion passed 4.0. (Rinaldi abstained) B. Approval of Findings for PA.2011.01611, 260 First Street. Ex Parte Contact: No ex parte contact was reported, Commissioners Dawkins/Blake m/s to approve the Findings for PA.2011.01611, Voice Vote: All AYES. Motion passed 4.0. (Rinaldi abstained) TYPE II PUBLIC HEARINGS A. PLANNING ACTION: #2011.00319 SUBJECT PROPERTY: 805, 815, 835, 843, 851, 861, 873, 881, 889 and 897 Oak Knoll Dr. Ashlancl Planning Commission A[JliI12, 2011 Page 1 of 4 APPLICANT: Dan Thomas, Representative DESCRIPTION: A request for a 25% Variance to the maximum fence height of six and one half (6 1;2) feet. The applicants are proposing an eight (8) foot wall along the rear property lines for the properties located at 805-897 Oak Knoll Drive adjacent to Interstate 1.5 and tax lot 7000. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R.1.10; ASSESSOR'S MAP #: 391E 14 AD; TAX LOTS: 4900 - 5900. Commissioner Marsh read aloud the public hearing procedures for land use hearings, Ex Parte Contact Commissioners Dawkins, Rinaldi, Blake and Mindlin made site visits, No ex parte contact was reported, Staff Report Assistant Planner Amy Gunter explained the 11 homes along Oak Knoll Drive that were destroyed in a fire last year are requesting a variance to construct an 8 foot tall concrete block fence at the rear of their properties, adjacent to Interstate 5, Ms, Gunter stated the maximum fence height allowed is 6,5 feet and listed the variance approval criteria for the Commission, She stated staff believes this is a unique situation and noted this is the only residential area within the City that is directly adjacent to the freeway, Additionally, she stated the wall would provide a sense of security for the residents and would also reduce freeway noise for these homes and the homes on the opposite side of Oak Knoll Drive, Ms Gunter noted the wall would be visible from 1-5 and from the properties on the other side of the freeway, and stated that while staff is supportive of the variance they believe the visual impacts should be mitigated, Ms, Gunter displayed examples of different wall surface treatments that could be used and recommended this be addressed in any conditions for approval. She concluded her presentation and stated staff is recommending approval of the variance given the circumstances of the properties and the benefits it will create, Applicant's Presentation Dan Thomas/897 Oak Knoll Drive/Stated he is representing the residents whose homes were destroyed in the fire, and noted all 11 property owners have given their consent to this application, Mr, Thomas stated they believe there is a need for some type of wall between their homes and the freeway, and stated the old wood-style fencing may have contributed to the widespread fire damage, He added they strongly believe their homes would still be standing had there been a concrete wall in place when the fire occurred, Mr, Thomas stated a block wall would make the property owners feel safer about the potential for a repeat grass fire, and would reduce freeway noise and provide added security, He spoke to the issue of cost, and explained the home owners will be paying for this out of their own pockets and may not be able to afford the types of surface treatments suggested by staff. Mr, Thomas stated they are dealing with two issues, the first is the height variance and the second is what type of wall they can afford to build, He stated it is clear that an 8 foot wall would greatly reduce the freeway noise and would work well for security; however the fire issue likely won't be affected by the height of the block wall since any grass fire would conceivably stop at the base, In terms of the type of wall and cost, he stated a masonry block wall or an ICF-stucco wall are possible options; however the stucco treatment for an ICF wall may push them over their budget. He suggested the homeowners pay for the ICF wall, and for the City to coat it however they like, Mr, Thomas stated they want the wall to look nice, since they will be the ones looking at it every day, but it has to be economically feasible, He added if this application is not approved, each homeowner would likely build their own 6,5 ft wall or fence, each in different styles and materials, ' Commissioner Dawkins stated there is some conflict in regards to whether a wall would have protected these homes from the fire, and noted the Memo submitted into the record by the Ashland Fire Marshall contradicts Mr, Thomas' testimony, Additionally, he disagreed with Mr, Thomas' comment about the cost of block walls. He stated he recently purchased a large amount of block wall and textured blocks cost the same as smooth face blocks, Commissioner Dawkins asked Mr, Thomas to explain how they plan on installing one continuous wall when some of the owners aren't rebuilding, Mr, Thomas agreed that this is an issue and stated as a group they are asking for the option to build up to 8 feet tall. He stated some people may not want to go as high as 8 feet and clarified they are not in contract with each other to build this as a single wall. Concern was expressed about this wall being built in stages and with varying materials, Mr, Thomas noted they will be going before the City Council to request a portion of their building permit fees be credited back to them and stated this would really help to build this as a single wall with the treatments suggested by staff, However, even if the application is approved, his neighbor could decide to build a 6 ft tall cedar fence and that's their option, He stated unless the City wants to step up and build the Ashland Planning Commission APli112, 2011 Page 2 of 4 wall, this is a gray area that they are trying to work out. He stated their best chance is to keep their costs down and if they can get a fair price he thinks all of the property owners will jump on board, Commissioner Blake noted there is not a consistent grade across those properties and a fence or wall would likely be stepped to adjust to the varying grades, Ms. Gunter clarified there is a 3% slope; and Mr. Thomson stated he believes some height variation would be aesthetically appealing. Commissioner Marsh asked Mr, Thomas about painting the concrete blocks. Mr, Thomson stated this could be done, but it is another cost that would be added on, He suggested if this is desired the City should consider painting it. Public Testimonv Nanosh Lucas/873 Oak Knoll Drive/Requested clarification about the process and asked if the wall or fence were constructed at the permitted 6,5 foot height, could it be whatever material they wanted, Commissioner Marsh clarified "Yes", and added the application for a variance opens the door to these types of requests, since they are asking for something that would not normally be allowed, Mr, Lucas asked the Commission to look at the aesthetics of the wall and the height variance as separate issues, Applicant's Rebuttal Dan Thomas/Requested clarification about the appeal process, Commissioner Marsh clarified the applicants can appeal to the City Council if they do not like the Planning Commission's decision, Commissioner Marsh closed the record and public hearing at 7:50 p.m. Deliberations & Decision Commissioner Rinaldi stated there are two different wall issues, one along the freeway and one along tax lot 7000; and questioned whether they should require them to treat the wall abutting the Caldera property, Rinaldi stated he believes some type of treatment on the freeway side is rather important and likes the idea of at least paint. Commissioner Dawkins stated he just completed a project with 1400 colored and textured blocks, and the blocks he purchased were the same price as the smooth block face, Commissioner Mindlin stated this application came fOlWard with the argument about fire safety, and between the Fire Marshall's letter and the applicant's own testimony, it is clear this variance is not for fire safety, She stated it does not seem that the applicant has met the burden of proof in terms of why an 8 foot fence is necessary, Commissioner Blake commented that a 6 foot fence is not a reasonable height limit for these properties along the freeway, He stated there is an added benefit in terms of sound control and stated he is comfortable with an 8 foot fence. Commissioners Blake/Dawkins m/s to approve an increase in height from 6.5 ft to 8 ft and require the material to be at a minimum concrete masonry, and encourage some form of aesthetic treatment. DISCUSSION: Blake stated he is sympathetic to the home owners and noted the taller walls you see in other areas along the freeway are typically built by bigger organizations with greater funding resources. Dawkins stated it is a false premise to state this wall would stop a fire from spreading, but he is sympathetic to the noise abatement. In terms of the material, he recommended the motion be amended to require some sort of textured block, The option of painting the wall was briefly discussed, and Dawkins noted blocks now come in different colors and stated paint would not adhere to the block very well. Comment was made that they could add a condition for all of the home owners to construct the same wall, or at least a certain number of homes in a row to participate, Marsh stated this is unrealistic and people are going to build whatever they want. She stated if they approve something that is a reasonable cost they will have a greater number that participate, but you can't guarantee what the owners will build, Dawkins stated if they allow them an extra 1,5 feet, he would like some assurance that they don't all do their own thing, Dawkins made a friendly amendment for the block wall to be textured and colored; Blake agreed to this addition. Rinaldi questioned if they should remove the decorative treatment requirement for the three lots that don't abut the freeway, Rinaldi made a friendly amendment to exempt the northerly three lots from the texture and color requirements; Blake agreed to this addition, Marsh made a friendly amendment to include the language "or an alternative method for surfacing the wall as approved by staf"'; Blake agreed to this addition. Ashland Planning Commission Apri/12, 2011 Page 3 of 4 Roll Call Vote on motion as amended: Commissioners Dawkins, Blake, Rinaldi and Marsh, YES. Commissioner Mindlin, NO, Motion passed 4-1. OTHER BUSINESS A. Pedestrian Places Follow-up. The Commission held a brief follow-up discussion regarding the Pedestrian Places presentation given at their last meeting, Rinaldi asked if they will be prioritizing which locations they want to look at first. Blake commented that this is private property and the property owners are going to determine which develops first, but if there is civic investment that could accelerate one site, In terms of how to proceed, Planning Manager Maria Harris clarified five main suggestions have been presented: 1) Reduce the parking standards, 2) Increase the allowable floor area ratio, 3) Require buildings to be closer to the street, 4) Require a minimum building height, and 5) Revise the landscape area requirements, The Commission briefly discussed various topics, including a history of the setback issue, opportunities at the Shop'n Kart/BiMart shopping center, and which areas they might want to focus on, Marsh requested they reserve time on the regular meeting agendas for Planning Commission discussion only of items that come up at these joint meetings, ADJOURNMENT Meeting adjourned at 8:50 p.m, Respectfully submitted, April Lucas, Administrative Supervisor Ash/and Planning Commission Apli/ '12, 20'/1 Page 4 of 4 Planning Commission Speaker Request Form 1) Complete this form and return it to the Secretary prior to the discussion of the item you wish to speak about. 2) Speak to the Planning Commission from the table podium microphone, 3) State your name and address for the record, 4) Limit your comments to the amount oftime given to you by the Chair, usually 5 minutes. 5) If you present written materials, please give a copy to the Secretary for the record. 6) You may give written comments to the Secretary for the record if you do not wish to speak. 7) Speakers are solely responsible for the content of their public statement. Regular Meeting Agenda item number L OR Topic for public forum (non agenda item) Land Use Public Hearing For: Against: Challenge for Conflict of Interest or Bias If you are challenging a member (planning commissioner) with a conflict of interest or bias, please write your allegation complete with supporting facts on this form and deliver it to the clerk immediately. The Chair will address the written challenge with the member. Please be respectful of the proceeding and do not interrupt. You may also provide testimony about the challenge when you testify during the normal order of proceedings. Written Comments/Challenge: The Public Meeting Law requires that all city meetings are open to the public. Oregon law does not always require that the public be permitted to speak. The Ashland Planning Commission generally invites the public to speak on agenda items and during public forum on non-agenda items unless time constraints limit public testimony. No person has an absolute right to speak or participate in every phase of a proceeding. Please respect the order o.f proceedings for public hearings and strictly follow the directions of the presiding officer. Behavior or actions which are unreasonably loud or disruptive are disrespectful, and may constitute disorderly conduct. Offenders will be requested to leave the room, Comments and statements by speakers do not represent the opinion of the City Council, City Officers or employees or the City of Ashland. ASHLAND PLANNING DIVISION STAFF REPORT April 12, 2011 PLANNING ACTION: 2011-00319 APPLICANT: Dan Thomas, representative of the Oak Knoll Neighborhood LOCATION: 805, 815, 825, 835, 843, 851, 861, 873, 881, 889, and 897 Oak Knoll Drive ZONE DESIGNATION: R-I-I0 COMPREHENSIVE PLAN DESIGNATION: Single Family Residential APPLICATION DEEMED COMPLETE: April 4, 2011 120-DAY TIME LIMIT: August 2,2011 ORDINANCE REFERENCE: 18.68 General 18.1 00 Variances REQUEST: The request is for a 23 percent Variance to maximum fence height of six-and-one-half feet. The applicants are proposing an eight-foot wall along the rear property lines for the properties located at 805 - 897 Oak Knoll Drive adjacent to Interstate 5 and tax lot 7000. I. Relevant Facts A. Background - History of Application There are no planning actions of record on the parcels requesting the variance to the maximum fence height. The properties are part of the 'Greensprings Subdivision' which was developed in Jackson County in 1963 and later annexed into the city. B. Detailed Description of the Site and Proposal The subject properties are located on the southwest side of Oak Knoll Drive between Oak Knoll and Interstate 5 (I-5). The properties are between approximately 6,300 square feet to 10,800 square feet in area, and are all zoned R-l-l 0, a Single-Family Residential zoning with a 10,000 square foot minimum lot size. The properties have a slope of approximately three percent downhill to the northeast. The lots at 805, 815, and 825 Oak Knoll Drive have a steep slope at the rear of the property, along their west property lines, downhill towards 1-5. On August 24, 2010 a large grass and structure fire was started on the west side ofI-5; embers from that fire ignited and burned the homes on the properties requesting the fence height Variance here. The remaining structures Planning Action 2011-00319 Applicant: Dan Thomas, Representative of the Oak Knoll Neighbors Ashland Planning Division - Staff Report adg Page 1 of 5 on these properties have been cleared, and the construction of new, replacement structures has begun on nine of the II parcels. 1. Fences The proposal is to construct a block wall along the rear property lines of the 11 properties abutting 1-5. Fences, walls, hedges and screen plantings are subject to the fence requirements in the Ashland Municipal Code's Land Use Ordinance found in section 18.68.010. The maximum wall height along a rear property lines is set at six- and-one-half feet; the proposal is to construct an eight foot high wall at the rear property lines. 2. Variance The request involves a variance to the maximum wall height of six-and-one-halffeet to construct an eight-foot tall wall. The Variance request is for an additional one-and- one-half feet, or a 23 percent Variance (1.5/6.5 = 23.07 %). II. Proiect Impact The proposal requires a fence permit, which is typically a ministerial approval, since it involves the construction of a new wall along the rear property lines of 11 properties abutting 1-5. A Variance is required for the fence to exceed the maximum fence height of six -and-one- half feet, and because the Variance request is for more than a ten percent increase in the allowed height requirements a "Type II" procedure with a public hearing is required under AMC 18.108.A.4.j. A. Fence Prior to the Oak Knoll Fire, there were six to six-and-one-halffoot wood fences along the rear property lines of the subject properties. The current request is to replace these wood fences with a concrete wall; if the wall were not to exceed six -and-one-half feet in height the request could be ministerially approved with an over-the-counter fence permit. B. Variance However, the applicants have requested a Variance to exceed the maximum allowed fence height by 23 percent to allow an eight foot high wall. The proposed eight-foot high wall is to be constructed of a non-combustible material to provide a physical as well as a noise barrier which would dampen the sound created by freeway traffic on 1-5. A Variance of this nature requires a demonstration that: 1) that there are unique or unusual circumstances which apply to this site which do not typically apply elsewhere; 2) that the proposal's benefits will be greater than any negative impacts on the development of the adjacent uses; and will further the purpose and intent of this ordinance and the Planning Action 2011-00319 Applicant: Dan Thomas, Representative of the Oak Knoll Neighbors Ashland Planning Division - Staff Report adg Page 2 of 5 Comprehensive Plan of the City; and 3) that the circumstances or conditions leading to the Variance request have not been willfully or purposely self imposed by the applicants. In considering the request, staff noted that the properties are unique in that the Oak Knoll neighborhood is the only area of residentially-zoned property within the city that is directly adjacent to the freeway's right-of-way. In staffs view, this could certainly be found to be a unique and unusual circumstance specific to these properties. The application identifies the positive benefit of the proposal as the sense of security and noise reduction that would be provided by the proposed wall. The Comprehensive Plan specifically discourages new residential development adjacent to the freeway due to potential noise impacts (Policy #57 in Chapter IV) and where residential development has occurred, it calls for efforts to achieve acceptable noise standards for the living space within the homes. In staff s view, the proposal is clearly in line with this policy and could have noise reduction benefits that not only benefit those constructing the wall but that extend beyond the subject properties. According to the Federal Highway Administration, a noise barrier wall may reduce noise within 200 feet of the highway, therefore dampening the sound for those on the east side of Oak Knoll Drive as well. Staff believes that the installation of an eight-foot wall on the subject properties will not negatively impact adj acent uses, which consist primarily of vehicular traffic on 1-5. However, staff would note that the subject properties are in somewhat of a gateway location for traffic entering Ashland from the freeway and can also be seen from properties directly across the freeway, With that in mind, staff believes that the visual impacts of the wall need to be mitigated and that the wall should be treated in an aesthetically pleasing manner by surfacing it in a finish or material other than unadorned, bare concrete block. There are a number of options available to address this concern, including the use of split face concrete masonry units (eMU) or the application of an artificial surface applied to the concrete block. The applicants have stated that they may use a synthetic stucco treatment if it proves to be financially feasible, and staff believes this would be a suitable way of addressing the issue. A condition of approval has been recommended below which addresses the surfacing and its maintenance in perpetuity. The sites' proximity to 1-5 was not created or self imposed by the applicants. Ian Horlacher, Development Review Planner with Oregon Department of Transportation (ODOT) has submitted a letter stating that while ODOT has no objection to the proposal, they do request that the property owners provide a one-foot separation between the ODOT right-of-way and the rear property lines. In considering the matter, staff would note that there is approximately 40 feet of additional ODOT right-of-way between the subject properties' rear boundaries and the paved shoulder of the freeway, and staff does not see a clear basis to require the property owners to provide the additional one-foot of separation between the proposed wall and their property lines. III. Procedural - Required Burden of Proof The criteria for Fence Permit approval are described in 18.68.010 as follows: Planning Action 2011-00319 Applicant: Dan Thomas, Representative of the Oak Knoll Neighbors Ashland Planning Division - Staff Report adg Page 3 of 5 Fences, walls, hedges and screen planting shall be subject to the following standards: A. In any required front yard, provided they do not exceed three and one-half (3 Y2) feet in height, B. In any rear or side yard, provided they do not exceed six and one-half (6 Y2) feet in height. C, The height of fences or walls in rear or sideyard setback areas abutting a public street shall be forly-eight (48) inches or less if said fences or walls are within ten (10) feet of any public street except an alley, 0, The framework for newly constructed fences and walls shall face toward the builder's properly, except where fences are jointly constructed. E. Fences shall lean at an angle from the verlical plane no greater than five (5%) percent, In cases where this limitation is exceeded and a written complaint is received by the Planning Oeparlment, the properly owner shall be notified, in writing, of the problem. . The Planning Deparlment shall take action only on the basis of a written complaint, or on its own action. The criteria for a Variance are described in 18.100.020 as follows: A. That there are unique or unusual circumstances which apply to this site which do not typically apply elsewhere. B, That the proposal's benefits will be greater than any negative impacts on the development of the adjacent uses; and will furlher the purpose and intent of this ordinance and the Comprehensive Plan of the City. (Ord.2425 S1, 1987), C, That the circumstances or conditions have not been willfully or purposely self-imposed, IV. Conclusions and Recommendations The request for an eight-foot high wall along the rear property lines of the properties located at 805 - 893 Oak Knoll Drive, which are among the only residentially zoned properties immediately adjacent to the 1-5 freeway right-of-way, seems a reasonable request in staffs view. The Variance requested will provide the applicants, recently affected by the Oak Knoll Fire, with an increased sense of security by providing a visual and physical barrier between their yards and the freeway while having the added benefit of providing a degree of sound attenuation for the applicants and their neighbors. The proposed wall is to be constructed in simple concrete block with grey seams. As the Oak Knoll neighborhood is the first impression that many freeway traveler's will have of Ashland, staff believes that the wall should have an aesthetically-pleasing appearance and should be finished with a synthetic stucco or similar product to mitigate visual impacts at a gateway location visible from and across the freeway. The Planning Commission may wish to provide clear direction in their decision with regard to an approved finishing method to clarify what materials, colors or other surface treatments would be acceptable in this location. Staff are supportive of the request, provided that the wall can be treated in a manner which mitigates its visual impacts, and we would accordingly recommend approval of the application with the following conditions attached: Planning Action 2011-00319 Applicant: Dan Thomas, Representative of the Oak Knoll Neighbors Ashland Planning Division - Staff Report adg Page 4 of 5 1) That all proposals of the applicant shall be conditions of approval unless otherwise modified here. 2) That the selected method of surfacing for the wall shall be submitted and approved by the Staff Advisor prior to the issuance of the building permit. Concrete block and seam construction is not permitted as the final wall surface. 3) That building permit submittals shall include engineered designs signed and stamped by the project engineer. 4) That prior to the issuance of a building permit: a) The request fee waiver for the Planning Action fees shall be approved by the Ashland City Council. If no fee waiver is approved by Council, the Planning Action fees would need to be paid, along with any applicable building permit fees, prior to building permit issuance. b) That a utility locate to identify any utility lines in the vicinity of the proposed wall construction prior to the commencement of construction for the wall. 5) The wall and its surface finish shall be maintained in perpetuity, including the removal of graffiti, and re-surfacing if the surface fades, chips, erodes or otherwise degrades over time. Planning Action 2011-00319 Applicant: Dan Thomas, Representative of the Oak Knoll Neighbors Ashland Planning Division - Staff Report adg Page 5 of 5 ~ \..~ -<~ ~S\ . \~i~ . , I I L~~II= r:J I "---. --ll I I I Ij '" :Q i g OJ u '" ~ '\ g 2> '" o 1] '" !!: ~ !!: ... ~ !!: <:I '" '" li ~ '" g. <t a a u c " ~ c cr c C" c " Memot File CRTY OF AS LAN DATE: TO: April 11,2011 Ashland Community Development Department , Ashland Planning Commission \r0~~al'gueritte Hickman, Division Chief .of Fire & Life Safety I Fire Marshal P A20 11-00319 - 805-895 Oak Knoll . FROM: RE: Ashland Fire & Rescue finds that this applicatian, as submitted, complies with the requirements of the 20 I 0 Oregon Fire Code. This memo is in respanse to the following two statements made by the applicant in this planning application: . "We truly feel that our homes would not have been destroyed had a concrete wall been in place prior to the fire set on A\lgust 24, 2010." . "We feel a concrete wall would suffice in deterring any fire that starts along Interstate 5 from engulfing our homes." The first statement is not based on ~n analysis of basic wildlanq fire behaviar. The fire behavior experienced on August 24, 2010, is: defined as erratic, severe 01' extreme.fIre pehavior. The fire spread was impacted.b)' the convectiVe column that developed.on the west side of the freeway carrying firebrands a dista.llce qf 1,125 feet, almost a q\Hlli~l'ofa m~le. Ba~ed on eye-witness accounts, the smoke from the convective column was neve!' lower than 2QJeet above the freeway. Photo accauntsdel?C\l1straty that the fire ran paraUeLta the fi',eeway, which would have also been parallel to the propo~edwalLHad this wall beeh in place \atthe time of the fire, the only difference is that the fire wouldhave burned an both sides of the Wall. The attached photo demonstrates this path of fire travel. Ashland Fire & Rescue does not want there to be any false sense of security on the behalf of the applicant. While this wall may help to slow down a low intensity fire that originates from the freeway, it cannot guarantee the "deterrence of any fire" that begins next to the freeway. Ashland Fire & Rescue encourages the applicants to maintain landscaping that is fire resistant in order ta reduce the potential offuture fire spread and commends the applicants in choosing fire resistant roofing. We hope that none of these families, no anyane in .our city has to experience a fire of this devastation again, ASHLAND FIRE &- RESCUE 455 Siskiyou Boulevard Ashland. OR 97520 (541) 482-2770' Fax (541) 488-5318 TlY: 800-735-2900 filllllEU 011 REGYClEU P.IHR John A. Kitzhaber, MD, Governor Department of Transportation Rogue Valley Office 100 Antelope Rd White City, OR 97503-1674 (541) 774-6299 FAX (541) 774-6349 March 29, 2011 City of Ashland Community Development Department Attn: Billie Boswell 20 East Main Street Ashland, OR 97520 Re: A request for a 25% variance to maximum fence height of six and one half feet (6.5) for 12 properties along Oak Knoll Drive in Ashland (807 - 897 Oak Knoll Drive). Dear Ms. Boswell, Thank you for the opportunity to consider a request for a 25% variance of the maximum fence height from six and a half (6,5) feet to eight (8) feet for 12 properties along Oak Knoll Drive adjacent to Interstate-5 (1-5) and Tax Lot 7000. ODOT has reviewed the site plan request and determined this proposal will not adversely impact the state's transportation facility; therefore, these proposed land use actions do not trigger ODOT's review under the Transportation Planning Rule (OAR 660- 012-0000), or Access Management Rule under (OAR 734-051-0000). We do request the property owners provide a one (1) foot separation between the ODOT right-of-way and the rear property lines of those properties constructing the proposed block wall. Please enter this letter into the public record for the proposed project and send me a copy of the City's final decision. Please feel free to contact me at (541) 774-6399 if you have any additional comments or concerns. ~spec~_ la K, Horlacher Development Review Planner @ Planning Department, 51 Winburn Way, Ashland, Oregon 97520 541-488-5305 Fax: 541-552-2050 www,ashland,or,us TTY: 1-800-735-2900 CITY OF LAND PLANNING ACTION: 2011-00319 SUBJECT PROPERTY: 805,815,825,835,843,851,861,873,881,889,897 Oak Knoll Drive APPLICANT: Dan Thomas, Representative DESCRIPTION: A request for a 25% Variance to maximum fence height of six and one half (6 YZ) feet. The applicants are proposing an eight (8) foot wall along the rear property lines for the properties located at 805 - 897 Oak Knoll Dr. adjacent to Interstate 1-5 and tax lot 7000. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-I-10; ASSESSOR'S MAP: 39 IE 14AD; TAX LOT: 4900 - 5900 ASHLAND PLANNING COMMISSION MEETING: ~ "- , , "'-"'-, ~J 1-=0 ~ ::A ~ ~ ~ ~ ~ ::A ~ ~ ~ ~ ()' SUBJECT PROPERTIES 805.615.625,635,643,651, 851 ,661 , 673,881 .889 & 897 OAK KNOLL DRIVE [} "" "" " " '" o--:J , " , , ", Notice is hereby given that a PUBLIC HEARING on the following request with respect to the ASHLAND LAND USE ORDINANCE will be held before the ASHLAND PLANNING COMMISSION on meeting date shown above, The meeting will be at the ASHLAND CIVIC CENTER, 1175 East Main Street, Ashland, Oregon. The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, either in person or 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 Commission 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, A copy of the Staff Report will be available for Inspection seven days prior to the hearing and will be provided at reasonable cost, If requested, All materials are available at the Ashland Planning Department, Community Development and Engineering Services, 51 Winburn Way, Ashland, Oregon 97520. During the Public Hearing, the Chair shall allow testimony from the applicant and those in attendance concerning this request. The Chair shall have the right to limit the length of testimony and require that comments be restricted to the applicable criteria, Unless there is a continuance, if a participant so requests before the conclusion of the hearing, the record shall remain open for at least seven days after the hearing, In compliance with the American with Disabilities Act, if you need special assistance to participate In this meeting, please contact the City Administrator's office at 541-488-6002 (TTY phone number 1-800-735-2900), Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting. (28 CFR 35,102,-35.104 ADA Title I). If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division, 541-488-5305, G:\comm.dev\planninglNotices Mal1ed\2011\2011.00319.doc VARIANCE 18,100.020 Application The owner or his agent may make application with the Staff Advisor, Such application shall be accompanied by a legal description of the property and plans and elevations necessary to show the proposed development. Also to be included with such application shall be a statement and evidence showing that all of the following circumstances exist: A. That there are unique or unusual circumstances which apply to this site which do not typically apply elsewhere, 8, That the proposal's benefits will be greater than any negative impacts on the development of the adjacent uses; and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City, (ORD 2425,1987). C, That the circumstances or conditions have not been willfully or purposely self-imposed, (ORD 2775, 1996) G:lcomm-devlplanninglNotices Mailed120 11120 11-00319 .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 March 23, 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 #2011-00319, 805,815,825,835,851,861,873,889,897 Oak Knoll. G:\comm-dev\planning\Forms & HandoutslAffidavit of Mailing_Planning Action Notice,doc PA-2011-00319 391 E14AD 2200 PA-2011-00319 391E14AD 6209 PA-2011-00319 391 E14AD 4000 ASPINALL JEAN C ET AL BEAUGHAN BARBARA BELL LYNDA L 1119 CLIFF DR 780 W PEBBLE BEACH 780 OAK KNOLL DR SANTABARBARA CA 93109 ASHLAND OR 97520 ASHLAND OR 97520 PA-2011-00319 391E14AD 5700 PA-2011-00319 391E14AD 5300 PA-2011-00319 391E14AD 3400 BREWER LOIS L ET AL CHRISTIAN L1ZA KENDALL COFFIN JOSEPHINE 881 OAK KNOLL DR PO BOX 13 862 OAK KNOLL DR ASHLAND OR 97520 TALENT OR 97540 ASHLAND OR 97520 PA-2011-00319 391 E14AD 4100 PA-2011-00319 391E14AD 5000 PA-2011-00319 391E14AD 2100 CULLINS LETICIA ANNE TRUSTEE ET AL DAOUST JASON NEAL DOHERTY MEGAN 778 OAK KNOLL DR 815 OAK KNOLL DR 795 TWIN PINES CIR ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2011-00319 391 E14AD 4900 PA-2011-00319 391E14AD 2600 PA-2011-00319 391E14AD 3100 FARIA PATRICIA L FRANCISCO EMILY A MILLER/GRANT 0 FREED JERRY R/ESTHER M 2933 LINCOLN AVE MILLER 944 OAK KNOLL DR ALAMEDA CA 94501 845 TWIN PINES CIR ASHLAND OR 97520 ASHLAND OR 97520 PA-2011-00319 391 E14AD 3500 PA-2011-00319 391E14AD 3600 PA-2011-00319 391E14AD 5800 FREY EMOGENE A GENISE LIVIA GUSTAFSON DAVID L/DANNA L 852 OAK KNOLL 840 OAK KNOLL 889 OAK KNOLL DR ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2011-00319 391 E14AD 2500 PA-2011-00319 391 E14AD 4700 PA-2011-00319 391E14AD 3300 HAUGHTON BRIAN S/TRACY S HOOD RICHARD D/L1NDA JOHNS ROBERT L/KATHLEEN G 32 THALIA ST 785 OAK KNOLL DR 874 OAK KNOLL DR MILL VALLEY CA 94941 ASHLAND OR 97520 ASHLAND OR 97520 PA-2011-00319 391E14AD 2700 PA-2011-00319 391E14AD 5600 PA-2011-00319 391E14AD 7100 LOGAN JAMES B/ELlZABETH B LUCAS NANOSH/JONES LISA MILLS JAMES P 853 TWIN PINES CIR 873 OAK KNOLL DR PO BOX 3196 ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2011-00319 391 E14AD 7000 PA-2011-00319 391E14AA 7000 PA-2011-00319 391E14AD 6211 MOORE CLAUDETTE MORJIG STEVEN H NOAKES SHIRLEY J 985 HIGHBURY DR 610 CHESTNUT ST 740 W PEBBLE BEACH DR MEDFORD OR 97501 ASHLAND OR 97520 ASHLAND OR 97520 PA-2011-00319 391 E14AD 5200 PA-2011-00319 391E14AA 7000 PA-2011-00319 391E14AD 5100 OGIER RICHARD A/MICHELLE L OUTDOOR MEDIA DIMENSIONS INC PATTERSON CLARENCE 0 - TRUSTEE 835 OAK KNOLL DR 2626 WYATT DR 6830 HWY 66 ASHLAND OR 97520 MEDFORD OR 97501 ASHLAND OR 97520 PA-2011-00319 391 E14AD 5500 PA-2011-00319 391E14AD 6210 PA-2011-00319 391 E14AD 6000 PEDERSON GARY R/PEDERSON PIERCE CARL 0 TRUSTEE ET AL RECIO MARTIN A TRUSTEE ET AL ROBERT L 2012 STONEFIELD LN 979 OAK KNOLL DR 861 OAK KNOLL DR SANTA ROSA CA 95403 ASHLAND OR 97520 ASHLAND OR 97520 y I I I AH3AV-09-OOS- L WO)'JUa^e"MMM PA-2011-00319 391 E14AD 4800 REINHOLZ HARVEY H TRUSTEE 1310 TALENT AVE A TALENT OR 97540 PA-2011-00319 391 E14AD 4400 SLAPNICKA ELDEN R TRUSTEE 765 OAK KNOLL DR ASHLAND OR 97520 PA-2011-00319 391 E14AD 4600 T & R VENTURES LLC 994 MORTON ST ASHLAND OR 97520 PA-2011-00319 391 E14AD 5400 TURNER MARTHA I 851 OAK KNOLL DR ASHLAND OR 97520 PA-2011-00319 391E14AD 2301 WAND JUDE/WAND AISHA S 811 TWIN PINES CIR ASHLAND OR 97520 ODOT- lan, K, HORLACHER@odot.state.or.us Development Review Planner ODOT Region 3, District 8 (White City) ., ~ I @)09L5 @AHaAY ~ r )wdn.dod pJoqeJ al Jal~^~J : ap U!le aJn4Je4 el ~ za!ldal:l ~uaw_a6Je4J ap suas V PA-2011-00319 391E14AD 6100 SECOY JACK REED TRUSTEE ET AL 1257 SISKIYOU BLVD 132 ASHLAND OR 97520 PA-2011-00319 391E14AD 4500 SLAPNICKA ELDEN R TRUSTEE 765 OAK KNOLL DR ASHLAND OR 97520 PA-2011-00319 391 E14AD 5900 THOMAS DANIEL J/JULLE C 897 OAK KNOLL DR ASHLAND OR 97520 PA-2011-00319 391E14AD 3200 VAN DER LINDEN VIRGINIA H ASCHAFFENBURGERSTR,16A 10779 BERLIN, PA-2011-00319 391E14AD 3000 WARD JOHN D/PAULA K 885 TWIN PINES CIR ASHLAND OR 97520 T vu~~~~!16~d~~ ~~~~~a -- Jaded paad I - .. f I I I @09LS @AH3AV':!.peqe6 al zas!I!:m Jalad l? sal!:>eJ sananbj:l.;1 PA-2011-00319 391E14AD 2400 SIEFKIN RANDOLPH R TRUSTEE ET AL 1809 EDGEBROOD DR A MODESTO CA 95354 PA-2011-00319 391E14AD 3800 SWEET DENNIS E/BEVERL Y T 1135 REITEN DR ASHLAND OR 97520 PA-2011-00319 391E14AA 6100 TRIPOLI RICHARD TRUSTEE ET AL 690 SPRING CR DR ASHLAND OR 97520 PA-2011-00319 391E14AD 3700 WALKER MATTHEW S/CYNTHIA L 826 OAK KNOLL DR ASHLAND OR 97520 PA-2011-00319 391E14AD 2800 WEISINGER ERIC J 861 TWIN PINE CIR ASHLAND OR 97520 45 3-23-11 NOC 805-897 Oak Knoll T I I I @09~S 8:J,eldwal @/iJa^vaSn slaqel @Iaad Ase3 I 6234 II I I:UOO I This map Is based on a digital database T 3200 ~~~:~~~~:YJ~~~:~~n~~~~tyc~~~~t ~~~~i;~ 1t41m~ I ~~S~t~~~~~j~c~~r:~~r~h~~l~~~~~ or , ' warranties, expressed or Implied. Created with MapMaker Map created on 3/2212011 9:23:19 MvI using web.Jacksoncounty,org 6iMW 6100 1000 ( I I I I 1~~ ,/ " ''to (1600 ~,,/, iI "'. I"" <_M, ~" " 1MlO ,1'- >""'" 1.200 1400 " ,/ MlO./ {' 1300 I;..~A(I;O ~\J" \ ~1 ~.~ .~ ~iJ""'="/":~~\ ;; g0005 t" ~.'..' -~.. 'x J,:.,.:.~. ...,;) \ . ...... ,~:;"~:;~:':~)'<,. \\. ,~9(I1i) '6213 ~ib'i",: 001 \ .. l {'. I I I I It I I " 7300 \\,." aoo .... II ._"..'.""".,p'" ["62:23 L. I I ! .. 6201 l~ '" 1<100 " \,62~ ll..,. \ \ ij20S ~I\ '\~ " , ,\~" ',' ""j ;~ "\ \1 1MlO 102 11ll(~ @ Please recycle with colored office grade paper Map Maker Application Front Counter Legend Selected Features Tax Lol Numbers / 11- d 0 JACKSON COUNTY oregon We the owners of the afore mentioned lots on Oak Knoll Drive, do hereby make application for a concrete wall of up to eight feet tall to be placed between our properties and Interstate 5 . We feel there are unique circumstances following the fire of August 24,2010 which destroyed our homes, that the proposal's benefit will be much greater than the negative impacts to any adjacent users, and that these circumstances have not been willfully or purposefully imposed upon us as homeowners. We feel that a concrete wall is necessary for fire protection, security and elimination of noise from Interstate traffic. We truly feel that our homes would not have been destroyed had a concrete wall been in place prior to the fire set on August 24,2010. Due to the topographical and climatic nature that exists between our homes and the Interstate, an ideal "perfect stonn" /fire hazard exists as evidenced by our homes being consumed so quickly and completely. The uphill grade along Interstate 5 as well as the prevailing winds from the west combined with the vegetation and cedar fences, of which we all had, our homes sit in a very vulnerable spot and we feel we need to do something to prevent this from happening all over again. We feel a concrete wall would suffice in deterring any fire that starts along Interstate 5 from engulfing Olrr homes. (Wood fences actually create a greater fire hazard.) Secondly, we feel the need for adequate security from trespassers who have climbed our fences in the past. This is especially urgent now as the fire has destroyed all vegetation which visually separated us from the thousands of daily Interstate travelers. The benefits of an eight foot concrete wall would have zero negative impact on the Interstate 5 traffic but would give us, the homeowners, a sense of security and peace of mind with the added benefit of decreasing the noise level that has continually increased over the years. As mentioned earlier, each individual homeowner has not been willfully or purposefully imposed upon to seek this variance; rather we would feel much more at ease in our new homes if said wall was built. The benefits received will help us forget the pain and suffering we have and are still enduring. Please consider our request as quickly as possible as we are rebuilding our homes and will soon be again living on Oak Knoll Drive. We the owners of the afore mentioned lots on Oak Knoll Drive, do hereby make application for a concrete wall of up to eight feet tall to be placed between our properties and Interstate 5. We feel there are unique circumstances following the fire of August 24, 2010 which destroyed our homes, that the proposal's benefit will be much greater than the negative impacts to any adjacent users, and that these circumstances have not been willfully or purposefully imposed upon us as homeowners. We feel that a concrete wall is necessary for fire protection, security and elimination of noise from Interstate traffic. We truly feel that our homes would not have been destroyed had a concrete wall been in place prior to the fire set on August 24,2010. Due to the topographical and climatic nature that exists between our homes and the Interstate, an ideal "perfect stonn"/fire hazard exists as evidenced by our homes being consumed so quickly and completely. The uphill grade along Interstate 5 as well as the prevailing winds from the west combined with the vegetation and cedar fences, of which we all had, our homes sit in a very vulnerable spot and we feel we need to do something to prevent this from happening all over again. We feel a concrete wall would suffice in detelTing any fire that starts along Interstate 5 from engulfmg our homes . (Wood fences actually create a greater fire hazard.) Secondly, we feel the need for adequate security from trespassers who have climbed our fences in the past. This is especially urgent now as the fire has destroyed all vegetation which visually separated us from the thousands of daily Interstate travelers. The benefits of an eight foot concrete wall would have zero negative impact on the Interstate 5 traffic but would give us, the homeowners, a sense of security and peace of mind with the added benefit of decreasing the noise level that has continually increased over the years. As mentioned earlier, each individual homeowner has not been willfully or purposefully imposed upon to seek this variance; rather we would feel much more at ease in our new homes if said wall was built. The benefits received will help us forget the pain and suffering we have and are still enduring. Please consider our request as quickly as possible as we are rebuilding our homes and will soon be again living on Oak Knoll Drive. Please note: Liza Christian will not be moving back to the property at 843 Oak Knoll Drive, but she is in support of this request for variance and as such, has attached a digital signature to this document. . Irgi~~ Project No. Designed _~_~ Date 3, ).JL A CIVIL & STRUCTURAL ENGINEERING FIRM Revised Date 815 Bennett Avenue PHONE 541/772-1399 Medford Oregon 97504 FAX 541/772-1436 Subject \ , -1----~ I I 4J.)d'IZ II e 2,4 ~ 110::; ,} )J (jJ 6> c / 'I /6 '":), ~L-S) 10' ) Oak Knoll Residents Name Patricia Faria Jason Daoust Janet Patterson Rick & Michelle Ogier Liza Christian Marty Turner Gary Pederson Lisa Jones & Nanosh Lucas Lois Brewer & David Friedenberg David & Danna Gustafson Dan & Julie Thomas Address 805 Oak Knoll 815 Oak Knoll 825 Oak Knoll 835 Oak Knoll 843 Oak Knoll Sie:nature /1 ), r) /1/ I / I '. I . C. /QS;<:iI" \, ~/tjc~~~/ I ,j f)ffl./Vl~f (~, )<t7I;/~ -". ,'/.... " \ \ \\'\ . "..!- \. )\ \J \ \ \, (' )' '7VYI I .s<' .' t I ~U~~. CI" \~~ ' .' : : J.1 (,C!(rA-t.h.x-.e'~I,( :I~~~ 873 Oak Knoll L-:~-- 851 Oak Knoll 861 Oak Knoll 881 Oak Knoll 889 Oak Knoll 897 Oak Knoll (J ~ ~~/ f:- ILR.-aJ.-i2Jl J It 'j ~/I ! (7 . , '~1 /{ .^-.~j)/t J" .~, }-- a.~. 4- ~. ~~~(;L~ (. \..... ~., ZONING PERMIT APPLICATION FILE # Y Planning Division 51 Winburn Way, Ashland OR 97520 CITY OF ASHLAND 541-488-5305 Fax 541-488-6006 I.- DESCRIPTION OF PROJECTY l" I N- DESCRIPTION OF P~OPERTY Street Address <;;-o~ 9-1 S Assessor's Map No. 39 1 E OlAP wJ l di.\CM -+.re.e..'-0?L -....... Pursuing LEED@ Certification? 0 YES 0 NO Y,)-)',yJ~Q-LfJ, >;-)/ ~I J ~73, ?lrl, R~ ~'1 7 (9~tll(Vu)/1 (Jr, / -' -- / / / I ) Tax Lot(s) Zoning Comp Plan Designation :::~ICA~ ~Ql Address ~ 7 O-L~ kv~1 . l(v J-..-to~- '5 () PhonecJ(q~1 _Lp..l{ 3, E-Mail cYtt{~J-l0~~/C{~V ,c,..,~ City j~~ lQ 0(.. { zipq7s-~ Dc. PROPERTY OWNER Name h r-e. V ~ c;.. \;'1 W\ ~ Ov>. {).,.t4 &. vc" (I Phone Add'.': C ~A-rt0~lil ~;VnA~~G"'J') SURVEYOR. ENGINEER. ARCHITECT. LANDSCAPE ARCHITECT. OTHER E-Mail City Zip 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. in this reque_st, I have read and understood the complete application and its consequences to me as a property ~ C7lQtJ,fh/ ~ l;y",f\J>.'-<'$ C"ltt-J..Q Date ?-I )..~!t I I r [To be completed by City Staff] Date Received Zoning Permit Type~D(';; ~ , I Filing Fee $ OVER ~~ ,..",n"...,....,,~... ""~ c"";...,,,., I.,,,,,.... r\_..,l....... 7,~..:_., fl.._..:, ~ __1:.....:.._ ,J.... Contractor: Address: Phone: State Lie No: City Lie No: Sub-Contractor: Address: Phone: State Lie No: City Lie No: DESCRIPTION: Variance to build a 8' concrete wall next to Interstate 5, 11 applicant's Dan Thomas is their representativeFees have not been paid yet, the applicant's may be appearing before the Council asking to h 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 I hereby certify the contents of this application to be correct to the best of my knowledge, and furthermore, that I have read, Fee Summary Paid Amounts understood and agreed to the following: Building: $ 0.00 $ 0.00 1. This permit shall remain valid only in accordance with code State Surcharge: $ 0.00 $ 0.00 or regulation provisions relating to time lapse and revocation Development Fees: $ 0.00 $ 0.00 (180 days). 2. Work shall not proceed past approved inspection stage. All Systems Development Charges: $ 0.00 $ 0.00 required inspections shall be called for 24 hours in advance. Utility Connection Fees: $ 0.00 $ 0.00 3. Any modifications in plans or work shall be reported in advance to the department. Public Works Fees: $ 0.00 $ 0.00 4. Responsibility for complying with all applicable federal, state, Planning Fees: $ 0.00 $ 0.00 or local laws, ordinances, or regulations rests solely with the Sub-Total: $ 0 applicant. Fees Paid: $ 0 Total Amount Due: $ 0 Applicant Date 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