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Home My WebLink AboutScenic_66_PA-2011-00668 CITY OF ASHLAND June 15,2011 Richard Wagner 542 Washington St, Ste. Ashland OR 97520 RE: Planning Action #PA-2011-00668 Notice of Final Decision On June 15,2011, the Staff Advisor for the Ashland Planning Division administratively approved your request for the following: PLANNING ACTION: 2011-00668 . SUBJECT PROPERTY: 66 Scenic APPLICANT: Robyn Forsyth DESCRIPTION: A request for a Solar Access Variance approval to construct a detached garage structure. The structure will shade the property to the north more than permitted by code, the adjacent property owner has agreed to the requested shading. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-l-7.5; ASSESSOR'S MAP: 39 IE 08AD TAX LOT: 2400 The Staff Advisor's decision becomes final and is effective on the 13th day after the Notice of Final Decision is mailed. Prior to the final decision 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 V se Ordinance (ALVO) 18.108.070(B)(2)(b) and/or file an appeal to the Ashland Planning Commission as provided in the ALVO 18.108.070(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 objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court. . The application, all associated documents and evidence submitted, and the applicable criteria are available for review at no cost at the Ashland Community Development Department, located at 51 Winburn Way. Copies of file documents can be requested and are charged based on the City of Ashland copy fee schedule. If you have any questions regarding this decision, please contact the Community Development Department between the hours of 8:00 am and 4:30 pm, Monday through Friday at (541) 488-5305. cc: John & Robyn Forsyth Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT 51 Winburn Way 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: 2011-00668 SUBJECT PROPERTY: 66 Scenic APPLICANT: Robyn Forsyth DESCRIPTION: A request for a Solar Access Variance approval to construct a detached garage structure. The structure will shade the property to the north more than permitted by code, the adjacent property owner has agreed to the requested shading. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 39 IE 08AD TAX LOT: 2400 SUBMITTAL DATE: DEEMED COMPLETE DATE: STAFF APPROVAL DATE: FINAL DECISION DATE: APPROVAL EXPIRATION DATE: May 19,2011 May 26,2011 June 15,2011 June 28, 2011 June 28, 2012 DECISION The subject property is located at the east side of Scenic Drive, and is zoned R-1-7.5, Single-Family Residential. The lot is approximately 16,500 square feet in area and is rectangular in shape. The parcel has an average downward slope of approximately 23 percent to the east. For the purposes of calculating the solar setback the average slope to the north is calculated which is approximately 6 percent. There is an existing circa 1980, 1,744 square foot single-story home with daylight basement that is placed roughly in the middle of the lot. The parcel is within the Skidmore Academy Historic District, the home on this parcel being a 1980s "contemporary" is classified as non-historic, non-contributing in the City of Ashland Historic District registry. The parcel slopes steeply to the southwest towards a dry swale and the home was constructed on piers near the swale. There is an existing loop driveway on the parcel. In order meet the grade of the driveway and not make changes to the grade of the parcel or the driveway the applicant has proposed to construct a new, detached two-vehicle garage adjacent to the northeast edge of the driveway. Due to the site constraints including the placement of the existing home and the loop driveway, there are not many other areas on the site where a garage could be placed elsewhere other than on the northern side. The applicant has proposed a low, roof pitch that replicates the off-centered pitch of the existing home that will cast a shadow greater than what is permitted by Solar Setback Standard A permit and a solar access variance is required. The applicant has proposed to construct a 484 square foot garage north of the home, which will cast shadow ten-feet, eight- inches greater than permitted under Solar Setback Standard A. As previously stated, the placement of the house in the center of the lot, the existing driveway and the existing grade of the parcel restricts where a new structure can be placed on the property. The application materials provided state that the shadow created by the garage will not shade the structures on the adjacent parcel and the neighbor to the north has agreed to the shading. Additionally, the proposed garage will be setback seven-feet, seven-inches and shading will not preclude the reasonable use of solar PA # 2011-00668 66 Scenic Dr. /adg Page 1 energy on the subject site by the existing or any future buildings. In reviewing the request, staffbelieves the placement of the garage is dictated by the slope constraints ofthe property and the placement ofthe existing home. Additionally, in order to obtain vehicular access from the . driveway the garage needs to be adj acent to it. Additionally, the low off-centered pitch, matching that of the existing home minimizes the proposal's impacts to the solar access of the property to the north. The criteria for a Solar Access Variance are described in AMC Chapter 18.70.060, as follows: a. The variance does not preclude the reasonable use of solar energy on the site by future buildings; and b. The variance does not diminish any substantial solar access which benefits a habitable structure on an adjacent lot. c. There are unique or unusual circumstances which apply to this site which do not typically apply elsewhere. The application with the attached conditions complies with all applicable City ordinances. Planning Action 2011-00668 is approved with the following conditions. Further, if anyone or more of the following conditions are found to be invalid for any reason whatsoever, then Planning Action 2011- 00668 is denied. The following are the conditions and they are attached to the approval: 1) That all proposals ofthe applicant shall be conditions of approval unless otherwise modified here. 2) That the additional shadowing approved here is limited to that illustrated in the applicants' Solar Access Waiver site plan dated April 30, 2011. The final submittals for building permit shall be in substantial conformance with the drawings submitted with the Solar Waiver application, and any additional shading proposed beyond that requested here would require modification of this approval and resubmission of a Solar Waiver application . . , I ,I , ;' c:; I . 6; / /0 /;J..o/I Date / I . PA # 2011-00668 66 Scenic Dr. /adg Page 2 PA-2011-00668 391 E08AD 4700 PA-2011-00668 391 E08AD 2501 PA-2011-00668 391 E08AD 5700 BLACKMAN DARIN R/REBECCA L BRENEISER BARBARA OBERTO BRENTROBERTLTRUSTEEFBO 67 SCENIC DR TRUSTEE ET AL 515 OCEAN AVE 502S ASHLAND OR 97520 68 SCENIC DR SANTA MONICA CA 90402 ASHLAND OR 97520 PA-2011-00668 391 E08AD 2600 PA-2011-00668 391 E08AD 6000 PA-2011-00668 391 E08AD 6102 CHAPMAN EDWIN R/CAROL L COOPER PHILIP G TRUSTEE ET AL CROCKER KEN M - TRUSTEE 113 PINE ST 144 NUTLEY ST 134 NUTLEY ST ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2011-00668 391 E08AD 4600 PA-2011-00668 391 E08AD 5200 PA-2011-00668 391 E08AD 4801 DRYDEN DEBORAH M FARMER RODNEY L1MARY LINDA FAWCETT KENNETH/LANA POBOX 158 196 NUTLEY ST 55 SCENIC DR ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2011-00668 391 E08AD 2700 PA-2011-00668 391 E08AD 2400 PA-2011-00668 391 E08AD 2401 FIGUEIREDO ANTONETTE FORSYTH ROBYN HELEN FOSTER THOMAS III 109 PINE ST 66 SCENIC DR 147 NUTLEY ST ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2011-00668 391 E08AD 2100 PA-2011-00668 391 E08AD 2900 PA-2011-00668 391 E08AD 3001 JOHNSON ARA JOHNSON ROBERT E/DANA D KAY DONALD H/LAURA L 133 NUTLEY ST 70 SCENIC DR 80 SCENIC DR ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2011-00668 391 E08AD 4500 PA-2011-00668 391 E08AD 5600 PA-2011-00668 391 E08AD 4802 KOHLER LOUIS U JR PLUSPOWER BUILDINGS LLC RHOADES DON B/MARY ELLEN 77 SCENIC DR 3996 LITTLE APPLEGATE RD 51 SCENIC DRIVE ASHLAND OR 97520 JACKSONVILLE OR 97530 ASHLAND OR 97520 PA-2011-00668 391 E08AD 2300 PA-2011-00668 391 E08AD 4800 PA-2011-00668 391 E08AD 2000 ROBERTS FRED C TRUSTEE FBO SCHMELING MAX WILLIS JOSEPHINE E TRUSTEE ET AL 143 NUTLEY ST 450 RAY LN 125 NUTLEY ST ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2011-00668 391 E08AD 2800 PA-2011-00668 391 E08AD 3100 PA-2011-00668 WITT LANITA C TRUSTEE ET AL WRIGHT ROBERT AlMARY ELLEN Richard Wagner 658 SHALE CITY RD 97 PINE ST 542 Washington St #201 ASHLAND OR 97520 ASHLAND OR 97520 Ashland OR 97520 ,~" NOD 6-15-2011 66 Scenic ASHLAND HISTORIC COMMISSION Type I - Recommendations to Staff Advisor June 8, 2011 CITY OF ASHLAND PLANNING ACTION: 2011-00668 SUBJECT PROPERTY: 66 Scenic APPLICANT: Robyn Forsyth DESCRIPTION: A request for a Solar Access Variance approval to construct a detached garage structure. The structure will shade the property to the north more than permitted by code, the adjacent property owner has agreed to the requested shading. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 39 IE 08AD TAX LOT: 2400 Planner: Amy Tree: NO Historic: Yes Historic Commission recommendations: 1) Recommend approval of the application, noting that the proposal is a nice addition to the property and the design is compatible and well-suited to the existing home. NPS Form 10-900-A OMS Approval No. 1024-0018 (8-86) United States Department of the Interior National Park Service National Register of Historic Places Continuation Sheet Section Number: ~ Page: 137 Skidmore Academy Historic District, Ashland, OR 379.0 HILL, HUNTER & MADELINE HOUSE 1980c 66 SCENIC DR 391E08AD 2400 Modern Period: Contemporary Non-Historic, Non-Contributing This modern two-plus story dwelling was constructed around 1980 according to the Jackson County Assessor, presumably after the parcel was created by partition from 2401 in 1973 and then combined with tax lot 2500 in 1979, the later occurring during the ownership of Hunter and Madeline Hill, who are shown living at this address in the 1986 Polk City Directory. 380.0 Survey #633 ROUTLEDGE, FRANK HOUSE 147 NUTLEY ST 20.h C. American: Craftsman 1910 391E08AD 2401 Historic Contributing Although not entirely clear, this house is probably that built for Frank Routledge in 1910, shortly after he purchased this corner property from Edyth Phipps who maintained large holdings in the block. (JCD 78:114) In April 1910 the local paper reported that "F. C. Routledge of Western Union will build a residence on Scenic Drive at the corner of Nutley on the west side." (Ashland Tidings, 4-April-191O, 5:1) Although the house does not appear on Sanborn Fire Insurance Maps until 1928, the first time this area of Ashland was included in that document, the 1911 Jackson County Assessors Fieldbook shows the house in place. By 1920 the lot has been joined with additional land to the west and was owned by Louis J. RouggeL (JCD 113:554, 113:630). In 1947 the lots were purchased by J.M. and Josephine C. Sutherlin. (JCD 279:609-610) Partition and re-numbering following the split that created the Hill House site, above, occurred in 1973 and created the present tax lot configuration. The Routledge House is a one and one-half story hipped volume with hipped dormers and bellcast eaves. Banks of windows lighting a sun porch, early appearing siding, broad eaves, and other detailing all reflect the style. The Routledge House retains sufficient integrity to relate its period of construction. 381.0 NEW HOUSE 1977 1977 68 SCENIC DR 391E08AD 2501 Modern Period: Contemporary Non-Historic, Non-Contributing This modern dwelling was built on the sloping hillside cl977, following partition of a larger lot and creation of this parcel. Built in a modern "Northwest" style with a large sloping shed roof, the dominate feature from the street is the wedge shaped from of the double car garage. CITY Of ASHLAN Planning Department, 51 Winb",.., Way, Ashland, Oregon 97520 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 NOTICE OF APPLICATION PLANNING ACTION: 2011-00668 SUBJECT PROPERTY: 66 Scenic APPLICANT: Robyn Forsyth DESCRIPTION: A request for a Solar Access Variance approval to construct a detached garage structure. The structure will shade the property to the north more than permitted by code, the adjacent property owner has agreed to the requested shading. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 39 IE 08AD TAX LOT: 2400 NOTE: The Ashland Historic Commission will also review this Planning Action on June 8, 2011 at 6:00 PM in the Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way. NOTICE OF COMPLETE APPLICATION: May 26,2011 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: June 9,2011 a R i SUBJECT PROPERTY i Requesting Sdar Waiver __.J 66 SeENI C CRIVE -=".c':: .:::::.~__...., 39 1 E OaAD 2400 '1lJTlEVST :~~~~~"~~--T~-~m, / I ./ l Propt!.rty tin"", ar",fOr rt!.pl!./1.C,," only, not :;caleo.ble o 20 40 80 Feet 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 Staffs decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.108.040) The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court. A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services Building, 51 Winburn Way, Ashland, Oregon 97520. If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305. G:lcomm-devlplanninglNotices Mailed\20 11 \20 11-00668.dot SOLAR WAIVER CRITERIA 18.70.060.8.2 Approval Criteria 2. The Staff Advisor finds that: a. The variance does not preclude the reasonable use of solar energy on the site by future buildings; and b. The variance does not diminish any substantial solar access which benefits a habitable structure on an adjacent lot. c. There are unique or unusual circumstances which apply to this site which do not typically apply elsewhere. G:lcomm-dev\planningINotices Mailed\201 1\201 1-00668.dot 5300 JACKSON COUNTY 5400 INFORMATION TECHNOLOGY 6700 7tOO .uoo Map Maker Application Front Counter l.egend Highlighted Feature 1.200 thaBuffer lheBufferTarget Tax Lot OuUlnes Tax Lot Numbers 4.200 (34)1 4300 4400 , i j ./ t300 /""" " ;' ,i/ntOO I ,.1 &(y j / c'" J "\1.." 5101 6101 5500 1300 noo JACKSON COUNTY Oregon S~3 54t)1 ThIs map Is based on a digItal database complied by Jackson County From a varIety of sources, Jackson County cannot accept 4' dl~I1Yi.' .'It ' responslbUy for errors, omIssions, or I' Ut!UA!: positional accuracy. There are no warranties, expressed or implied, Created with MapMaker Map created on 5/26/201110:42:49 AM using web,jacksoncounty,org @ Please recycle with colored office grade paper 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 May 26, 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 #2011-00668,66 Scenic Drive. (~5~W_ " - Signature of Employee ~ G:\comm-devlplanning\T emplates\TEMPLATE_Affidavit of Mailing_Planning Action Notice.dot 5/26/2011 PA-2011-00668 391 E08AD 4700 PA-2011-00668 391 E08AD 2501 PA-2011-00668 391 E08AD 5700 BLACKMAN DARIN R/REBECCA L BRENEISER BARBARA OBERTO BRENTROBERTLTRUSTEEFBO 67 SCENIC DR TRUSTEE ET AL 515 OCEAN AVE 502S ASHLAND OR 97520 68 SCENIC DR SANTA MONICA CA 90402 ASHLAND OR 97520 PA-2011-00668 391 E08AD 2600 PA-2011-00668 391 E08AD 6000 PA-2011-00668 391 E08AD 6102 CHAPMAN EDWIN R/CAROL L COOPER PHILIP G TRUSTEE ET AL CROCKER KEN M - TRUSTEE 113 PINE ST 144 NUTLEY ST 134 NUTLEY ST ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2011-00668 391 E08AD 4600 PA-2011-00668 391 E08AD 5200 PA-2011-00668 391 E08AD 4801 DRYDEN DEBORAH M FARMER RODNEY L1MARY LINDA FAWCETT KENNETH/LANA POBOX158 196 NUTLEY ST 55 SCENIC DR ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2011-00668 391 E08AD 2700 PA-2011-00668 391 E08AD 2400 PA-2011-00668 391 E08AD 2401 FIGUEIREDO ANTONETTE FORSYTH ROBYN HELEN FOSTER THOMAS III 109 PINE ST 66 SCENIC DR 147 NUTLEY ST ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2011-00668 391E08AD 2100 PA-2011-00668 391 E08AD 2900 PA-2011-00668 391 E08AD 3001 JOHNSON ARA JOHNSON ROBERT E/DANA D KAY DONALD H/LAURA L 133 NUTLEY ST 70 SCENIC DR 80 SCENIC DR ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2011-00668 391 E08AD 4500 PA-2011-00668 391 E08AD 5600 PA-2011-00668 391 E08AD 4802 KOHLER LOUIS U JR PLUSPOWER BUILDINGS LLC RHOADES DON B/MARY ELLEN 77 SCENIC DR 3996 LITTLE APPLEGATE RD 51 SCENIC DRIVE ASHLAND OR 97520 JACKSONVILLE OR 97530 ASHLAND OR 97520 PA-2011-00668 391 E08AD 2300 PA-2011-00668 391 E08AD 4800 PA-2011-00668 391 E08AD 2000 ROBERTS FRED C TRUSTEE FBO SCHMELING MAX WILLIS JOSEPHINE E TRUSTEE ET AL 143 NUTLEY ST 456 RAY LN 125 NUTLEY ST ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2011-00668 391E08AD 2800 PA-2011-00668 391 E08AD 3100 PA-2011-00668 WITT LANITA C TRUSTEE ET AL WRIGHT ROBERT AlMARY ELLEN Richard Wagner 658 SHALE CITY RD 97 PINE ST 542 Washington St #201 ASHLAND OR 97520 ASHLAND OR 97520 Ashland OR 97520 19 NOC 5-26-2011 66 Scenic ",""-",, ~~" ~ ...... ~~tli .:::~:::~:~.. I I I I IT' 0.) . IT' {() KI CNAItD W A (j NEItAItCMITI:CT 542 Washington Street, Suite 201, hhland, Oregon 97520 . (541) 48>2-54e>2; . rwa2surf@mind.net I Date: May 23, 2011 To: Planning Director, Planning Department, City of Ashland Re: Solar Access Waiver: Findings 66 Scenic Drive (Site requesting) To Whom It May Concern; Findings: 18.70.060 Variances A. Variances to this Chapter shall be processed as a Type I procedure, except that variances granted under subsection B of this Section may be processed as a Staff Permit. (Ord. 2484 S3, 1988) B. A variance may be granted with the following findings being the sole facts considered by the Staff Advisor: 1. Included with the City's release/application form. 2. a. The variance does not preclude the reasonable use of solar energy on the site by future buildings: The site is a relatively ample residential site (see plot plan attached) with the proposed new building shading just under 11' beyond the allowable (Lot Classification, Solar Set-back Standard A), and only in one specific portion of the site. Therefore this proposal does not preclude the reasonable use of solar energy on the site. b. The variance does not diminish any substantial solar access which benefits a habitable structure on an adjacent lot The allowable shaded area, as provided for by Lot Classification, Solar Setback Standard A, and as shown on the attached Plot Plan, affects the habitable structure in greater magnitude than the amount of shadow from the proposed building. The shadow from the proposed structure does not shade the habitable structure affected. Therefore, this proposed building does not diminish any substantial solar access to the adjacent habitable structure. Page 2 (Findings, cont.) c. There are unique or unusual circumstances which apply to this site which do not typically apply elsewhere: In addition to statements given in (a.) and (b.) above regarding the reasonable use of solar energy, and the minimizing of the diminishment of any substantial solar access, it must be noted as illustrated in the solar shade diagram that this adjacent site has and will maintain the majority of its access to solar energy. It will not shade the residence, and therefore fulfills the purpose and intent of this ordinance. The proposed residence design requesting the solar waiver does not interfere with nor diminish the economic value of solar radiation falling on the adjacent property, nor will it reduce the use of solar energy systems, now or in the future. (See 18.70.010 Purpose and Intent). The proposed development of the site requesting a Solar Access Waiver faces the circumstances of lot topography and the highest and best use aspects of an historically established residential neighborhood. The proposed building design has incorporated a complementary architectural design with the existing residence, in both texture and massing. Though the lot size of the site requesting the solar waiver is substantial for this neighborhood, the fact that the existing topography renders a substantial portion of this site unbuildable (all areas to the south) leaves only the area to the north of the existing residence reasonably useable for this Garage/guest facility as proposed. The fact that this building site is sloping to the east from the site agreeing to the Solar Waiver, and that the proposed building requires direct vehicle access from the existing driveway into the garage, a two story building type is a logical, more efficient building type for the facility proposed. As stated above, the solar shadow created by this proposal will not diminish any substantial solar access to either the existing habitable structure nor to any future buildings, and that the substantial change in grade at the front and rear of the property (west & east) along with the vehicle access elevation for the garage as mentioned, restricts the reasonable building foot print area significantly, and has lead to the creation of this proposed design as the most efficient and reasonable for achieving the permitted use for the lot, while still being the least invasive to the adjacent site agreeing to the solar waiver. Each site has its own uniqueness with regards to these issues and together the intent and purpose of this ordinance is upheld. END OF FINDINGS CITY OF "ASHLAND Community Development - Planning Department 20 East Main Street, Ashland, OR 97520 Phone 541-488-5303 Fax 541-488-6006 SOLAR ACCESS WAIVER AGREEMENT Planning Action # 2.0\ \ ~ D Olu lo~ For County Use Address of Property Requesting Solar Waiver ~ Sce~~ic# t>r~ A~h(ll~;o{ OR" Tax Lot # of Property Requesting Solar Waiver 3'1' l e Ol!:> AD 2400 Address of Property Agreeing to SoJarWaiver (ofj Sc~iCrr Dr: f\~~h b.ut:"\ OF<.. Legal Description of Property Agreeing to Solar Waiver (Attach, if necessary) 3't lE. 00 A-D z&;() t "'r" ,""" 'iI. '~+<Oc.A d7~~')."'" . . 0 1"''\ t \ ~,_;, .. The undersigned, for themselves, their heirs, successors and assigns, consent to permit obstruction of their solar access rights described in Chapter 18.70 of the Ashland Municipal Code on that portion of property in Township 39, Range 1 East, Section OS ~ Tax Lot # ~~ l ), further described by legal description in the attached Exhibit "N'. The undersigned certify and agree to the following: 1. This agreement shall be binding upon their heirs, successors and assigns and shall run with the land. 2. The undersigned are the owners of the property described on Exhibit "N'. 3. This waiver applies only to the specific building(s) noted in the attached Exhibit "8"; and to the shadow(s) cast by such building(s) as noted in Exhibit "B". 4.' The solar access rights described in Chapter 18.70 of the Ashland Municipal Code are waived only for that buildable space shown on Exhibit "B" and the City of Ashland is indemnified and shall be held harmless for any damages resulting to any person or property resulting from this waiver. 5. The consideration for this agreement is $1.00 and other good and valuable consideration, the receipt of which is acknowledged by the undersigned. ~ropert~~(s) ~greeing to Solar Waiver Signa i_ ! Signature Date Date State of Oregon ) County of Jackson ) . t On this 5;T7"-eay of m?L~ ,20~' before me ,{(;bnallyappeared,/; . ().D' (en e I~ whose identity was proven to me o. the basis of satisfacto itfence to be the per n(s) whose name(s) is (are) subscribed to this instrument, and acknowledged that he (she) (they) executed the same. - ~ ' w0 i I OFFiCIAL ~ ! LAURA L. SMITH i NOTARY PUBlIC-OREGON I COMMISSION NO. 434891 MY COMMISSION'exmsJAN. 10.2013 ~ 'I /7 . Approved by City of Ashland Planning Sta / / C~.~ Date (j; /9/1 rM 1/ G:\comm-dev\planning\Forms & Handouls\SolarWalver AgreemenLdoc 9/3/2010 , NOTE: The following exhibits must be attached to the Solar Access Waiver Agreement: (Make sure documents have at least a 1" margin on all sides for County recording purposes) EXHIBIT A 39 it ()~Ai) 1*5~t (Legal description of property agreeing to solar waiver) EXHIBIT B (Plot plan pf both the property. requesting solar waiver and the property agreeing to the waiver. The plot plan must show, 'on the requesting property, the specific building(s) and shadow(s) cast by such building(s) and, on the agreeing property, the buildable space affected. See attached sample.) ;}/ 89-1050~ OffiCIAL RfiCORDl:) ~: or MAY 22,1989 P.M. EmmIT 1I~1 KATHLEEN S. BECKETT ,lJrJ~tl:~ . A tract or p3rce1 of land situated in Donation Land Claim No. 40 and the Northcast quarter of Section' 8, Township 39 South, Range 1 East of the WilIametlc Meridian, Jackson County, Oregon and bdng more fully described ns follows: Commencing at th~ Southwest corner of Donation Land Claim No. 40, snid Township olnd Range; thence North 000 0-11 40" East nlong the West boundary line of said cl:lim, 6~7.55 feet to a 518 x 2-1 inch iron pin for the true point of beginning; thence continuing Norlh OOU 0-1' 40' Enst (D.R. North) 88.35 feet to a 5/8 x 24 inch iron pin situ:ltcd at the Southwest corne< of Volume 278, Page 454 of the Jackson County. Oregon, Dccd Records; thence leaving said claim line, South 670 25' 20' East (D.R. South 67" 30' East. 135.30 f~ct) 135.30 fect to a 5/8)( 24 inch iron pin; thence South 000 0-1' 40. West and paralic I to the Wcst boundary line of Donation Land Claim No. 40 (O.R. South) 55.35 fcet to a 5/8 x 24 inch iron pin; thence North 81U 22' -I6q Wesl, 126.40 feet to the point of beginning. l'()(E'J}ffiR HInt and Also including a s;itlitary sewer< easement over :uu1': ncross a strip of land 10 f~~t in wi~lh and lying 5.0 fee\ on each sidc of tne followmg describct.l centerline: Commencing at the Southwest corner of Donation land Claim No. 40, said Township .and ~ange: thence North 000 04' 40" ~ast ~long t.he ~Vest boundary 'me of s:ud clo1l1n, 735.90 feet to a 5/8 x. 24'. IIlch Iron pm sltua.ted at the Southwest corner of Volume 278, Page 454, of the Jackson County. Oregon. Deedl Re(::ords; thence leaving said, c1'aim line, South 670 25' 20" East (D.R. South 67" 30' East). 111.3 feel to the true point of beginningj thence North 3-10 58' East 111.2 feet, more or less. to nn existing sarutalY sewer casement as described in Document No. 72-03207. Official Records of Jackson County Oregon ;lnd being the terminus of this casement. · SUBJECf 'IO: Rights of the pwlic in and to my po~tion lyin9 \.nthin the limits of ~t:blic road-lays. if any. and/or rights of pnvat~ part1es over my por~icn lymg \-rl.thin existing roadolays 011" drh-oeways not disclosed by tre poolic records. Easemmt fOli sanitary s~-er. including the tert$ rod provisions thereof, as disclosed in DJeumnt No. 75-15089', Official Records of Jackson. Cnunty. Oregoo. A Trust Il..">€d. including tile terms md provisioos tl~reof, given by.Nedra B. Belloe, as grantor. Hilliam Gaoong, Jr...as Trost:e. for Kl~th Fu~st Federal Savings ood Loan Associaticn, a corporatloo organlzed andeXlsting \.B1~r the 1a\-lS of the 'UUted States, Jill beneficiary, dated August 25. 1977. recorded August 26, 1971. as D:>cUJrilt No. 77-17619, .Official Records of Jacksoo ~Ult:y. Oregoo, given to secure paymmt of a note ill the arfOUlt of $35,000.00. ,-nth interest thereoo. .J (\) > os.: \I) --~)- \ / () 'l- () f'I I / I~ . I I I ! I \ I 0, I 1 I I II i ! I ' () II) () f'I 02 / / II II I I I '-~'ff--- J (j\ ~~ o I I ! ZONING PERMIT APPLICATION Planning Division 51 Winburn Way, Ashland OR 97520 CITY OF ASHLAND 541-488-5305 Fax 541-488-6006 FILE DESCRIPTION OF PROJECT Pursuing LEED@ Certification? 0 YES 0 NO DESCRIPTION OF PROPERTY Street Address fjifl ,fcei/11 ~ Assessor's Map No. 39 1 E ;L1tJV Tax Lot(s) Zoning Comp Plan Designation Name Phone Sf ~.~4f) -t:Jkd-' E-Mail :5~,20J City Jl)h~ ~ [)t, Phone 54-1- 2 zc, - 0 ~ / E-Mail City hIt /;sv4 SUR~EN~INEER. ARCHITECT. LAND~CAPE ARCHITECT. OTHER Title ~~ 'f. Name f.?c cl~ 1Vr:rI/lc!J.r Phone Address S-1J- f(Jat~~fov, fjf-; dO} . Title Eu 11 r Name r Q 'p~ &:c, l' (a111('(pt5J,one Address 51~ /1k9t) 1v4~ Sf; dOt) :;-1-/ -4~ -s- f~, City h~ ~J( gfl-55) -O.)cif1,ail City ~ /0tA/ I I @' I rwa2 c;w r ,;' /MJVI~ I Zip . 9f.5"~ fit=? I Zip ctls-J-O I ./1 ' I rUe? 2surr ,~htln:fl1efi Zip 9:;s-J-o I Zip ~?1f;).D I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects, true and correct. I understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their location found to be incorrect, the owner assumes full responsibility. I further understand that if this request is subsequently contested, the burden will be on me to establish: 1) that I produced sufficient factual evidence at the hearing to support this request; 2) that the findings of fact furnished justifies the granting of the request; 3) that the findings of fact furnished by me are adequate; and further 4) that all structures or improvements are properly located on the ground. Failure in t is 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 remov m expens If I have any doubts, I am advised to seek competent professional advice and assistance. 5' --/1- 1/ Date ~~~;ner of Ihe properly involved in Ihi' qu st, I have read j"d understood the complete apptica~on and i.ts consequences to me as a property / 11~S~1{ Date [To be completed by City Staff) Zoning Permit Type Date Received II Filing Fee OVER ~~ r.\nOr'llmf'.nt<: :mrl S\p.ttinlf.c:\hlC':!<:J'lIOf'_c;kton\Zoninl! Pennit Annlication.doc Job Address: Contractor: Address: Owner's Name: ROBYN HELEN FORSYTH Phone: Customer #: 06219 State Lic No: ROBYN HELEN FORSYTH City Lic No: Applicant: 66 SCENIC DR Address: ASHLAND OR 97520 Sub-Contractor: Phone: Address: Applied: 05/19/2011 Issued: 05/19/2011 Expires: 11/15/2011 Phone: State Lie No: Maplot: 391 E08AD2400 City Lie No: DESCRIPTION: Solar Setback Variance 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