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HomeMy WebLinkAboutLiberty_843 (PA-2010-01017) CITY OF ASHLAND October 15, 2010 i Scott Kurtz and Ellen Walsh 554 Fordyce St. Ashland,OR, 97520 Notice of Final Decision On October 14,2010 the Staff Advisor for the Ashland Planning Division administratively approved your request for the following: The creation of a Private Way and a Lot Line Adjustment for the properties located at 843 and 855 Liberty Street(Tax Lots 391E 16AC 201 and 391E 16AD 5600). COMPREHENSIVE PLAN DESIGNATION: Low Density Residential, Woodland Residential, and Single Family Residential;ZONING: RR-.5, WR and R-1-7.5; ASSESSOR'S MAP#: 39 lE 16AC and 16AD; TAX LOTS: 201 and 5600 The Staff Advisor's decision becomes final and is effective on the 13'"day after the Notice of Final i Decision is mailed. Prior to that date, anyone who was mailed this Notice Of Final Decision may request a reconsideration of the action by the Staff Advisor as set forth in the Ashland Land Use Ordinance(ALUO) 18.108.070(B)(2)(b)and/or file an appeal to the Ashland Planning Commission as provided in the ALUO 18.108.070(B)(2)(c). i An appeal may not be made directly to the Land Use Board of Appeals. Oregon law states that failure to raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to LUBA on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court. The application, all associated documents and evidence submitted, and the applicable criteria are available for review at no cost at the Ashland Community Development Department, located at 51 Winburn Way. Copies of file documents can be requested and are charged based on the City of Ashland copy fee schedule. If you have any questions regarding this decision, please contact the Department of Community Development between the hours of 8:00 am and 4:30 pm, Monday through Friday at(541)488-5305. cc: Parties of record and property owners within 200 ft i i DEPT.OF COMMUNITY DEVELOPMENT Tel:541488-5305 20 E.Main Street Fax:541-552-2050 Ashland,Oregon 97520 TTY; 800-735-2900 www.ashland.orms ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: 2010-01017 SUBJECT PROPERTY: 843 and 855 Liberty Street Tax Lots 391E 16AD 5600 and 39 lE 16AC 201 APPLICANT: Scott Kurtz and Ellen Walsh DESCRIPTION: A request for the creation of a Private Way and a Lot Line Adjustment for the properties located at 843 and 855 Liberty Street(Tax Lots 391E 16AC 201 and 391E 16AD 5600). COMPREHENSIVE PLAN DESIGNATION: Low Density Residential, Woodland Residential, and Single Family Residential; ZONING: RR-.5, WR and R-1-7.5; ASSESSOR'S MAP #: 39 1E 16AC and 16AD; TAX LOTS: 201 and 5600 SUBMITTAL DATE: August 6, 2010 DEEMED COMPLETE DATE: September 5, 2010 STAFF APPROVAL DATE: October 14, 2010 FINAL DECISION DATE: October 28, 2010 APPROVAL EXPIRATION DATE: October 28, 2011 DECISION j Background 843 Liberty Street as it currently exists is a roughly trapezoidal parcel,with a lot area of approximately 7,500 square feet,and is located southeast of the existing home at 831 Liberty Street.This parcel's zoning is Single Family Residential(R-1-7.5);it abuts the eastern fork of the Beach Creek drainage along the parcel's eastern boundary line, and the bulk of the property as it is currently configured has slopes in excess of 35 percent j according to city GIS data. The application notes that Tax Lot#5600 was created in 1948 and retained the same legal description until 1967 when the easternmost 120 feet was segregated per mortgage deed to create what is now Tax Lot#5601 (813 Beach Street). The property is considered to be a pre-existing legal lot of record that predates current land use regulations. The following conditions were placed on this lot through PL-2009-00566 when its lot lines were adjusted in July of 2009: i 1) That both adjusted lots shall be limited to the building envelopes shown in the attached map, as required in AMC 18.62.080.G and no future development disturbance shall be permitted on either of the adjusted lots on lands with slopes in excess of 35 percent. Any future development on lands in excess of 25 percent shall be i subject to a Physical & Environmental Constraints Review Permit. {The envelopes identified are based on standard setbacks for the zoning district and City GIS data identifying unbuildable areas with slopes of 35 percent or greater;slope verification by a surveyor will be necessary prior to future development) 2) Any future development of Tax Lot#5600 would be limited to the envelope identified in the attached, would require that the applicant provide evidence of legal access, and would require a Physical and Environmental Constraints Review Permit. As a pre-existing legal lot of record which predates the current land use regulations, Tax Lot#5600 would be considered a pre-existing condition if access were to be taken via the existing flag drive from Liberty Street. However, any driveway improvements necessary would need to meet applicable driveway standards, fire apparatus access requirements, and hillside development regulations. i PA#2010-01017 843-855 Liberty St/dds Page 1 855 Liberty Street is irregularly shaped with an approximate lot area of 38,148 square feet, and is located immediately south of the existing home at 831 Liberty Street. Based on City zoning maps, the subject property's zoning is split between the Rural Residential (RR-.5) and Woodland Residential (WR) zoning districts. This lot was created in 2003 when the parent lot #200 was partitioned under Planning Action #2003-009. Both of the subject properties are located approximately 300-350 feet south of the southern terminus of Liberty Street, between the upper forks of the Beach Creek drainage, and as currently configured neither property has any street frontage or other direct access to a public street. Both properties are generally forested,and an existing driveway serving the adjacent lot at 831 Liberty Street extends onto Tax Lot#201 through an easement. Under the current request,the applicants propose to create a private way to serve both Tax Lot#201 and#5600, as well as#100 at 831 Liberty Street, from the current driveway easement. As part of the review of the land partition(PA#2003-009)creating the lot at 855 Liberty(Tax Lot#201)in 2003, it was noted that the existing driveway served four parcels at the time(39 lE 16AD Lots 6200 and 6202, and 39 1 16AC Lots 100 & 200). While the partition created a new fifth lot served by the private drive,it was recognized that as this newly created lot was open space for the primary purpose of trail access, the partition resulted in no additional vehicle trips. A finding was made that as no more residences were to be served or vehicle trips generated off of this drive than had been prior to the partition,the pre-existing non- conforming drive could continue to function to serve a total of four residences.It was also noted that while the portion of the drive traversing 39 lE 16AC Tax Lot 100 currently exceeds the 15 percent maximum slope for new drives, it was considered to be a pre-existing condition with no change in grade for this non- conforming section required to develop the previously mentioned properties. If the drive were to be created under today's land use ordinance to more than three lots,it would be subject to meeting the street design standards for a city street and would require curb,gutters,a 20-foot paved width, parkrows and sidewalks. However,given the pre-existing status of the existing drive,the steep grades in the vicinity and the 14-foot easement width,the Planning Department did not require full street improvements to develop the additional residences. It was however noted that while the drive was considered to be pre- existing and therefore not subject to meeting the design standards for a private drive, it was subject to meeting the requirements of the Uniform Fire Code for fire apparatus access with development, and any future extension or expansion of the drive would be subject to all applicable requirements,including but not limited to driveway standards, fire apparatus access requirements, and hillside development regulations. Lot Line Adjustment The application notes that while each of the current parcels currently contains at least one buildable site with slopes under 25 percent,by adjusting the two parcels as illustrated in the applicants Exhibit 7,Tax Lot#5600 will expand its potential building envelope to include land with slopes of less than 15 percent, as well as additional lands with slopes of less than 25 percent,thereby reducing the impact to Hillside Lands and the need for Physical and Environmental Constraints Permit review upon development. The application also indicates that Tax Lot#201 will retain its primary building site which is predominantly land that has slopes less than 15 percent. In addition, the proposed lot line adjustment provides access for the previously landlocked Tax Lot#5600 by expanding the property to abut the proposed private way. With regard to the split zoning,the applicants have requested that because the greater area of each adjusted tax lot is comprised of land zoned Rural Residential(RR-.5)that the future development of these parcels be PA#2010-01017 843-855 Liberty St/dds Page 2 governed exclusively by the RR-.5 regulations based on AMC 18.12.040 which discusses zoning district boundaries,noting: SECTION 18.12.040 District Boundaries- Unless otherwise specified, district boundanesarebt lines, the centerlines of streets, and railroad right-of-way, or such lines extended. If a district boundary divides a lot into two(2)districts, the entire lot shall be placed in the district that accounts for the greater area of the lot by the adjustment of the district boundary, provided the boundary adjustment is for a distance not to exceed twenty(20) feet. While this section does provide for the placement of an entire lot into the district that accounts for the greater area of the lot by adjustment of the district boundary,it requires that such a boundary adjustment not involve moving the boundary more than 20 feet. In looking at the applicants' Exhibit 5,it is clear that the boundary adjustment necessary to place the entirety of both adjusted lots into the RR-.5 zoning district would require moving the district boundaries significantly more than 20 feet and as such,the placement of the lots in the RR-.5 district as proposed fails to meet the requirements of the ordinance for district boundary adjustment through this provision. As such, staff has included a condition below to require that any future building permit for either of the adjusted lots include lot coverage calculations that illustrate the allowed coverage for each lot as the sum of the allowed coverages for its component districts. Hillside Development Standards require that lots modified by a lot line adjustment must identify a building envelope for all lots involved containing a buildable area of a size sufficient to accommodate the used permitted in the underlying zone on lands with slopes less than 35 percent(see AMC 18.62.080.G.) Exhibit 7,the preliminary map provided to illustrate the proposed lot line adjustment delineates typical setback lines which do not account for the site slopes and as such do not comply with the requirements of AMC 18.62.0800.G. The applicants Exhibit 8 however does identify proposed envelopes entirely on areas with slopes of less than 25 percent that the applicants indicate are based on Jackson County GIS data,and which comply with standard setback requirements as well. City GIS data indicates that portions of the identified envelopes contain slopes in excess of 25 percent. As such, a condition has been added that development disturbance of either adjusted lot shall be limited to the envelopes and driveways identified in the applicants Exhibit 8, subject to lot coverage limitations and verification of the site slopes by a surveyor at the time of development. No development is to be permitted on either of the adjusted lots on areas with slopes in excess of 35 percent. (It should be noted here that envelopes identify the area where development disturbance is to be allowed, however they are not intended to identify building footprints. Building footprints are to be determined at the time of development based on applicable standards including but not limited to lot coverage limitations, solar access requirements, and hillside development standards.) Private Way Creation Typically, access ways created to enable partitioning of land for the purposes of transfer of ownership or building development must be in the form of a street;however AMC 18.80.030.13 provides for the creation of private ways through a deed without full compliance with typical requirement if the proposed private way is the only reasonable means to provide access to a landlocked parcel. The applicants have provided exhibits indicating that their legal review has confirmed that an easement granted with a 1963 deed is appropriate as the underlying deed for a private way. They also assert that the steep slopes on either side of these two parcels prevents connection to any other street to the east or west, and that the Talent Irrigation District canal prevents street access from the south,and as such,the proposed PA#2010-01017 843-855 Liberty St/dds Page 3 private way is the only reasonable means to provide access for the landlocked Tax Lot #5600. The applicants have stipulated to deed restrict both of the subject properties so that all future residential development on either would be subject to a requirement that fire sprinklers be provided. The criteria for a Lot Line Adjustment are described in AMC Chapter 18.76.140 as follows: The adjustment of a lot line by the relocation of a common boundary, where the number of parcels is not changed and all zoning requirements are met, shall be accepted by the City, provided the requirements of Sections 18.76.090 through 18.76.130 are satisfied, in addition to Section 18.76.170, where the lot adjustment causes access to be changed to an exterior unimproved street. The requirements of AMC 18.76.090-18.76.130, and 18.76.170 are as follows: i SECTION 18.76.090 Conditions May be Set. The Planning Commission or the Staff Advisor may require dedication of land or easements, signing in favor of street improvements,and conditions or modifications relating to improvements such as sidewalks, utilities, and the standards of the Subdivision Chapter and the development plan for the area. In no event shall the Planning Commission or the Staff Advisor require greater dedications or conditions than could be required if the area were subdivided. Underground utilities shall be required in connection with all land partition applications as set forth in subsections 18.80.060(C) through 18.80.060(F) of this Title. SECTION 18.76.100 Final Step. Within twelve(12)months of the date of preliminary map approval,the tract of land shall be surveyed, pins set at all corners, and a final map submitted to the Planning Department incorporating any conditions or modifications of the map's preliminary approval. If the applicant has not completed the foregoing within the twelve(12) month period, the applicant must resubmit the partition for preliminary approval consideration. SECTION 18.76.110 Final Map Requirements. The map to be filed with the County Clerk shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on polyester-base film having a minimum thickness of.003", 18"x 24". If ink is used on polyester-base film, the ink surface shall be coated with a suitable substance to ensure permanent legibility. An autopositive in black on polyester-base film shall also be filed with the County Surveyor.A reproducible copy of the final map shall be filed with the City Engineer.The map shall incorporate the following items before approval will be given: i A. Title block,top and center specifying"minor or major partition", the partition number, City of Ashland and the applicant's name. B. Name of the property owner and developer. C. Number of each lot in the partition. D. Date, scale and north point(arrow) generally pointing to the top of the map. E. Basis of bearing determined by solar observation, Polaris observation, or true bearing determined from the National Oceanic and Atmospheric Administration Survey Net(formerly Coast and Geodetic Survey). F. The name and right-of-way width of adjacent streets, alleys and private ways. G. Irrigation and drainage easements. Those portions of land within the boundaries of the partitioning subject to periodic inundation which affect the intended use of the land together with the method or source of such determination. Also, other easements of record or conditions which affect the title of land or the use of land. H. All stakes, monuments, or other evidence found and used to establish boundaries of the partition. Any lines or boundaries shown by approximation clearly identified as such. PA#2010-01017 843-855 Liberty St/dds Page 4 I. Established center lines by the City of adjoining streets. J. The length of all arcs, radii and central angles. Adjust all distances to the nearest 100th of a foot, except on curves, which may be shown closer. Adjust all bearings to the nearest ten (10)seconds. The error of field closure shall not exceed one (1) foot in five thousand (5,000). K. Area of each parcel expressed in either square feet or acres. L. Monumentation: 1. All monuments shall be a minimum diameter of five-eighths inches (5/8") for iron pins and a minimum inside diameter of one-half inches ('/")for iron pipes. For concrete monuments, refer to ORS 92.060 as amended by Senate Bill No. 487. 2. Witness corners may be set when it is impractical or impossible to set a monument in its true position, providing course and distance are given to the true position. 3. All monuments shall be clearly identified with the surveyor's or engineer's name or registration number. M. Certification of approval before filing with County Clerk and County Surveyor: 1. Signature of approval on the face of the map by the Executive Secretary of the Planning Commission, or authorized representative. 2. Dedication of easements for utilities and/or widening of street shall be made on the face of the map. Statement of dedication by owner-developer with signature attested to by notarization. 3. Surveyor's certificate is to be shown with surveyor's seal and signature on the face of the map. 4. Signature of approval by the City Engineer is required when dedication of streets or easements is made on the map. N. Discovery of error and omissions: 1. All corrections or additions on a final map shall be made in ink suitable for the material and sprayed with suitable plastic material for preservation, including those prior to recording. 2. He shall file an affidavit stating the nature of the error with the County Recorder, 3. The map then shall be corrected and initialed by the surveyor under the direction of the County Surveyor. 4. The affidavit document number and date shall be placed on the face of the map that is recorded. SECTION 18.76.120 Acceptance of the Final Map. Final maps offered for approval shall not be accepted if the individual or agent of a corporation being responsible for the final map is acting simultaneously as the surveyor or engineer for the applicant or developer and the entity having jurisdiction of the minor and major partitioning. SECTION 18.76.130 Final Approval by the Secretary. When the Staff Advisor determines that the final map conforms to the final map requirements and specifications and the conditions(if any)of preliminary approval,the Secretary,or authorized representative, shall date and sign the final map. i SECTION 18.76.170 Exterior Unimproved Streets and Access Ways. j The following improvements are required for property being minor land partitioned adjacent to a street not improved to full city and standards. Major land partitions shall comply with the requirements of the Street Standards in Chapter 18.88, Performance Standards Options.These requirements shall apply to streets which are dedicated in whole or in part, or where the Planning Commission finds that it is essential to the future development and interior access or circulation of an area for dedication to be provided.All improvements shall be along the entire frontage of the property and along the unimproved street to the nearest fully improved collector or arterial street, and are to be installed at the expense of the land divider. (Ord 2551 S3, 1990) PA#2010-01017 843-855 Liberty St/dds Page 5 A. The final elevation of the street be established as specified by the Director of Public Works except where the establishment of the elevation would produce a substantial variation in the level of the road surface. In this case, the lot's slopes shall be graded to meet the final street elevation. B. The street be graded (cut and filled) to its standard physical width, and surfaced as required in 18.76.050 G. prior to the signature of the partition survey plan by the City of Ashland. (Ord 2551 S4, 1990) C. Drainage ditches be provided at the probable curb and gutter location. D. Pedestrian ways (unimproved sidewalks) be provided within the street right-of-way between the drainage ditch and the property line. E. The street be surfaced as required in 18.76.050 G. to a minimum width of twenty (20) feet with all work done under permit from the Public Works Department. (Ord 2551 S5, 1990) F. Functional, not legal,access may be obtained through use of a deeded easement where serving not more than two (2) dwellings, and access shall meet the requirements for a flag drive. (Ord 2836 S9, 1999) The criteria for the creation of a Private Way are described in AMC Chapter 18.80.030.13 as follows: 1. Any easement of way providing access to property and which is created in order to allow the partitioning of land for the purpose of transfer of ownership or building development, whether immediate or future, shall be in the form of a street either in a subdivision or as provided in"A"above, except that a private way to be established by deed without full compliance with these regulations shall be reviewed as a Type I Procedure if it is the only reasonable means of access to a landlocked parcel. (Ord.2121 S7, 1981;) The application with the attached conditions complies with all applicable City ordinances. Planning Action 2010-01017 is approved with the following conditions. Further, if any one or more of the following conditions are found to be invalid for any reason whatsoever,then Planning Action 2010-01017 is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant shall be conditions of approval unless otherwise modified herein, including the requirement that each of the lots proposed for lot line adjustment shall be deed restricted to require that all future residential development on either lot will be required to provide residential fire sprinklers. 2) That a final survey plat shall be submitted within 12 months and approved by the City of Ashland within 18 months of this approval. That all easements for public and private utilities,private ways, fire apparatus access,and any necessary reciprocal utility,maintenance,and access easements shall be indicated on the final survey plat as required by the Ashland Engineering Division. 3) That prior the issuance of a building permit for either lot, a utility plan identifying water service needs including any required hydrants, sanitary sewer, storm sewer and stormwater drainage, and electricity service necessary to serve each parcel shall be provided for the review and approval of the Building,Planning,Electric,and Public Works Engineering Departments. The property owner shall be financially responsible for the extension of any services necessary to serve the adjusted parcels. 4) That both adjusted lots shall be limited to the building envelopes shown in the applicants'Exhibit 8, as required in AMC 18.62.080.G,subject to lot coverage limitations and verification of site slopes by a licensed surveyor at the time of development. No future development disturbance shall be permitted on either of the adjusted lots outside of the identified envelopes or driveways,or on lands with slopes in excess of 35 percent. Any future alteration of the land surface including but not limited to private way installation, building construction on individual lots, or utility installation i PA#2010-01017 843-855 Liberty St/dds Page 6 which meets the definition of development contained in AMC 18.62,or tree removal,on lands with slopes in excess of 25 percent will be required to obtain a Physical & Environmental Constraints Review Permit prior to proceeding. 5) That the requirements of the Fire Department, including approved addressing; provisions for fire apparatus access including angle of approach,turn-around,firefighter access pathway and work area, and requisite easements;fire flow;hydrant requirements; and the implementation and inspection of an approved Fire Prevention and Control Plan including fuel breaks shall be conditions of this approval. 6) That any future building permit submittal for either of the adjusted lots shall include lot coverage calculations that illustrate the allowed coverage for each lot as the sum of the allowed coverages for its component districts. (The zoning for the adjusted lots cannot be adjusted to RR-.S as proposed by the applicants.) 7) Any activities within the Stream Bank Protection Zone of either branch of Beach Creek,which are considered to be "Intermittent and Ephemeral Streams" with established Stream Bank Protection Zone extending 30 feet from the centerline of the stream, are subject to the limitations and requirements of AMC 18.63. 8) Any construction within the public right of way,including driveway accesses,will require a Public Works permit; all necessary Public Works permits must be obtained before any work in the right of way commences. 9) That building permit submittals for either adjusted lot shall include solar setback calculations demonstrating that all new construction complies with solar setback requirements. Calculation shall be provided in the requisite formula [(Height—6)/(0.445 + Slope) = Required Solar Setback] and elevations or cross section drawings clearly identifying the highest shadow producing point(s)and the height(s) from natural grade shall be included. 10) Removal of significant trees on either of the adjusted lots shall be subject to the applicable requirements for tree removal permits in AMC 18.61. Tree removal regulated under the Hillside Ordinance shall also be subject to the permit and review requirements of AMC 18.62. 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Thank you, Lea Lea Light, G|SGpeo|a|iot City ofAshland, Public Works Dept. Engineering Div. 2OE Main St, Ashland, Oregon S752O (541) 552-2418 (541) 488-5347 TTY 800-735-2900 fax: (G41)48O-8OOG This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law for disclosure and retention. |f you have received this message in error, please contact me ot(541) 552-2418. Thank you 84 ,I New Residential Address: 7 - 695 I, 1 �94' > - 391 E16AD -5600 I' 1 696,1 i68� 843 Liberty St I 7201 - - 1 { 76 J 711. O I 730 1 ® -- — 775 743r l I 781 r— -- -- -- —I 748 790 762 ! $od a% 769 ------ i �f 101 � 807 784 r' �! 4 /! 831 — — - — - 800 1 _ 799 — — i 843 ,81 � 821 VI - - - - - i4) i± 1 897 - - - - - 1 9011 1 N W E August 31, 2010 s I — I �84 1 ICI New Residential Address: 7 69� '_ 1 1 �94 391E16AC -201 i j 696 {1 168 855 Liberty St X201 i i 769 - 'Q„ - � 730 j 711 775 743 .E 781 - j 748 1'90 f 762 -- J 9 �� 'r�` , 800• 'r � - _ J 1r 774 X169 T 801 1 r 801T 784 r 831 799 , 800 --.'% 855 81 � 3 i'. - - 821. 897 - - - � 901 N 1i W 'E [August 31, 2010 / S OR Planning Department,51 Wing -t Way,Ashland, Oregon 97520 CITY OF M-a 541-488-5305 Fax:541-552-2050 www.ashland.or,us TTY: 1-800-735-2900 ASHLAND NOTICE OF APPLICATION PLANNING ACTION: 2010.01017 SUBJECT PROPERTY: Liberty Street, Tax Lots 391E 16AC 201 and 391E 16AD 5600 APPLICANT: Scott Kurtz and Ellen Walsh DESCRIPTION: A request for the creation of a Private Way and a Lot Line Adjustment for the properties located near 831 Liberty Street (Tax Lots 391E 16AC.201 and 391E 16AD 5600). COMPREHENSIVE PLAN DESIGNATION: Low Density Residential,Woodland Residential, and Single Family Residential; ZONING: RR-.5,WR and R-1.7.5; ASSESSOR'S MAP#: 391 E 16AC and 16AD; TAX LOTS: 201 and 5600 NOTICE OF COMPLETE APPLICATION: September 9, 2010 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: September 23, 2010 LIj LU f I ED t PA#2010-01017 '��� 831 t�eERTYfi LIBERTY ST TAX LOTS 16AC 201&16AD 6600 SUBJECT PROPERTIES 38 1 E 16AC TL#201 ' 3 1 E 16AD TL#560 Property th ireforrefery--1y,not-1—ble 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. GAcomm-dev\planningWotices Mailed\2010\2010-1017.doe 18.80.030B. Creation of private ways. 1. Any easement of way providing access to property and which is created in order to allow the partitioning of land for the purpose of transfer of ownership or building development,whether immediate or future, shall be in the form of a street either in a subdivision or as provided in"A" above, except that a private way to be established by deed without full compliance with these regulations shall be reviewed as a Type I Procedure if it is the only reasonable means of access to a landlocked parcel. (Ord. 2121 S7, 1981;) 18.76.140 Lot Line Adjustments The adjustment of a lot line by the relocation of a common boundary, where the number of parcels is not changed and all zoning requirements are met, shall be accepted by the City, provided the requirements of Sections 18.76.090 through 18.76.130 are satisfied, in addition to Section 18.76.170,where the lot adjustment causes access to be changed to an exterior unimproved street. GAcomm-dev\planning\Notices Mailed\2010\2010-1017.doe . 1 zno 1 • • a �00 440 ig di V7Y -i — —° INFORMATION TECHNOLOGY($ ea�by.��e�ty qy���� GLV6 =�P � rr 1 ^aa 1 _ � Map Maker u 3 3tt1 f Application _ Front Counter Fro Legend p '{1sFrid1 r Selected Features 'fax Lot Oufltnes 12215 ' 7001 r Tax Lot Numbers U05 i 00 1 g ; 3100 I 12214 . . } g 360 € _ __ 1 f 2702. 6200 � 1 - 14 X13 37 61 + 3 J i I r41 1301 ��' 414�'I 24102 i r` 01 g 6100 4101 3101 ig 4 ,. l,.,.., 6"0 !� 402 10 9 w 41 6 403 - 4 411 ,r' 403 5100 `3 40 � 201 1 � 4 ,= 41 43k 4,20 0 ( 3. 410 5201 Q10 eu i, 5001 4NO 300 0 r n moo IT I 4901 51 31dYif '31�F4 ' T 1 1 le "ritYi1 {i 15102 a1d63 . F � � i COUN�Y otes0tt 200 This map Is based on a digital database j compiled by Jackson County From a variety of sources.Jackson County cannot accept ® M1 p sp tonal a for errors,omissions,or 1� positional accuracy.There are no warranties,expressed or Implied. Please recycle with colored office grade paper Created with MapMaker Map created on 9/9/2010 8:15:58 AM using web.lacksoncounty.org PA-2010-01017 391 E16AD 6000 PA-2010-01017 391 E16AC 100 PA-2010-01017 391 E16AD 4500 ATNIP GERALD LYNN/ANITA IRENE BAXTER JOHN R ET AL BOWER KAREN SUE 801 BEACH ST 595 RAY LN 812 BEACH ST ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2010-01017 391 E16AC 406 PA-2010-01017 391 E16AD 5800 PA-2010-01017 391 E16AC 300 BUCCINA JUNE BURNHAM R 0/MILDRED I NARUM D&S VENTURES LLC 1470 CARRINGTON CIR 809 BEACH ST 14040 6TH PL SAN JOSE CA 95125 ASHLAND OR 97520 BELLEVUE WA 98007 PA-2010-01017 391 E16AD 5201 PA-2010-01017 391 E16AD 3900 PA-2010-01017 391 E16AD 5900 DIMITRE THOMAS N TRUSTEE D'OLIVO MARK DUNHAM FRANCES W TRUSTEE ET AL 901 BEACH ST 804 BEACH ST 807 BEACH ST ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2010-01017 391 E16AC 447 PA-2010-01017 391 E16AD 3902 PA-2010-01017 391 E16AD 6200 FERNANDES JOAO/BERGAN- FRANK PATRICIA L KURTZ-WALSH FAMILY TRUST ET AL FERNANDES JUDITH M 778 MISSION CANYON RD 831 LIBERTY ST 762 LISA LN SANTA BARBARA CA 93105 ASHLAND OR 97520 ASHLAND OR 97520 PA-2010-01017 391 E16AD 5600 PA-2010-01017 391 E16AC 405 PA-2010-01017 391 E16AD 5200 KURTZ-WALSH FAMILY TRUST ET AL LEWIS DAVID R MERRITT DEBORAH C 554 FORDYCE ST 43 W HERSEY ST PO BOX 34 ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2010-01017 391 E16AC 408 PA-2010-01017 391 E16AD 5400 PA-2010-01017 391 E16AD 5601 MOGEL RONALD TRUSTEE ET AL NICKELS JAC PHILIPPS FRANK J III/NANCY 774 LISA LN 821 BEACH ST 813 BEACH ST ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2010-01017 391 E16AD 5700 PA-2010-01017 391 E16AD 5300 9-9-2010 SELBY KAREN L TRUSTEE ET AL THUSIUS DARWIN/ANGELIKA Liberty Street Lots 201 &5600 811 BEACH ST 897 BEACH ST 20 ASHLAND OR 97520 ASHLAND OR 97520E AFFIDAVIT OF MAILING STATE OF OREGON 1 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 September 9, 2010 1 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for Planning Action # 2010-01017, Liberty Street, Tax lots 391 E 1 6A 210 & 391 E 1 6A 5600. Signature of Employee Gkomm-devlplanningTorms&Handouts\Affidavit of Mailing—Planning Action Notice.doc LIMITED SPECIAL POWER OF ATTORNEY AUTHORIZATION TO ACT on behalf of the undersigned owner of real property described on Jackson County Assessor map 39-1E-1 6AC, Tax Lot 201 and 39-1E-16AD, Tax Lot 5600. LET IT BE KNOWN that CSA Planning, Ltd. (CSA) is the duly authorized representative of Scott Kurtz and Ellen O'C. Walsh, Trustees of the Kurtz-Walsh Family Trust, the owner/applicant of the above described real property, and, by this instrument, do hereby authorize CSA to perform all acts procedurally required to obtain land use and development applications and permits as may be required as legal prerequisites to actual development of the described real property. THIS LIMITED AND SPECIAL POWER OF ATTORNEY shall be used for only the limited and special purposes above described and shall not be used to buy, sell or convey any part or any interest whatsoever in this or any other land owned by the above property owner. THIS LIMITED AND SPECIAL POWER OF ATTORNEY has been expressly authorized by the undersigned applicant and shall expire on July 31, 2013, but may be extended by the mutual consent of the parties. Done and dated this day of July, 2010. l 'Scotdk zjrustee Ellen O'C. Walsh, Trustee i 1 AU6 0 fi, Z010 BEFORE THE PLANNING DIRECTOR FOR ASHLAND, OREGON IN THE MATTER OF AN APPLICATION TO ) CREATE A PRIVATE WAY AND TO ADJUST ) THE COMMON BOUNDARY LINE ) BETWEEN TWO ABUTTING PROPERTIES. ) SUBJECT PARCELS ARE IDENTIFIED AS ) TAX LOTS 201 IN TOWNSHIP 39 SOUTH, ) PROPOSED FINDINGS OF FACT RANGE 1 EAST(WILLAMETTE ) AND CONCLUSIONS OF LAW MERIDIAN),SECTION 16AC AND 5600 IN ) TOWNSHIP 39 SOUTH, RANGE 1 EAST ) Applicant's Exhibit 2 (WILLAMETTE MERIDIAN),SECTION ) 16AD WITHIN INCORPORATED ) BOUNDARIES OF THE CITY OF ) ASHLAND, OREGON ) Applicant/Owner: Scott Kurtz/Ellen Walsh Agent: CSA Planning, Ltd. I NATURE, SCOPE AND INTENT OF APPLICATION Applicant proposes to adjust the lot line between Taxlots 201 and 5600 to improve the functionality of Taxlot 5600, and, to have the existing road easement benefiting Taxlot 201 become a Private Way to provide legal access for Taxlot 201 and Taxlot 5600 as well as Taxlot 100 over which the easement runs. Page 1 of 9 AUG 0 6 20110 Findings of Fact and Conclusions of Law Property Line Adjustment Scott Kurta/Ellen Walsh:Applic, I I EVIDENCE SUBMITTED WITH THE APPLICATION Applicant has submitted the following evidence in support of the land use application: Exhibit 1. Completed Property Line Adjustment Application with limited Power of Attorney for CSA Planning, Ltd Exhibit 2. The proposed Findings of Fact and Conclusions of Law (this document) which demonstrates how the application complies with the applicable substantive approval criteria as set forth in the Ashland Land Use Ordinance (ALUO) Exhibit 3. Demonstration of Compliance with Applicable Standards Exhibit 4. Zoning Map on Aerial Exhibit 5. Comprehensive Plan Map Exhibit 6. Current Assessor's Plat Maps Exhibit 7. Preliminary Map for Property Linc Adjustment Exhibit 8. Potential Building Envelopes Map Exhibit 9. Proposed Private Way Plan Exhibit 10. Easement related to Private Way Exhibit 11. Legal evaluation of Easement, Letter August 5, 2010 from Davis Hearn Saladoff&Bridges Exhibit 12. Deed Information for 39 lE 16AC Tax Lot 201 and 39 lEl6AD Tax Lot 5600 Exhibit 13. Planning Action#2003-0009 Partition creating Tax Lot 201 Exhibit 14. Planning Action #PL2009-00566 Lot line Adjustment between Taxlot 5600 and 5601 Exhibit 15. City of Ashland Wildfire Map A U i 0 Syr# Page 2 of 9 Findings of Fact and Conclusions of Law Property Line Adjustment Scott Kurta/Ellen Walsh:Applic, RELEVANT SUBSTANTIVE APPROVAL CRITERIA The criteria, under which a property line adjustment and private way must be considered, are set forth in the Ashland Land Use Ordinance(ALUO). The relevant criteria are recited verbatim below and in relation to conclusions of law included at Section V which follows: ASHLAND LAND USE ORDINANCE(ALUO) 18.12.040 District Boundaries Unless otherwise specified, district boundaries are lot lines, the center lines of streets, and railroad right-of-way, or such lines extended. If a district boundary divides a lot into two (2)districts, the entire lot shall be placed in the district that accounts for the greater area of the lot by the adjustment of the district boundary, provided the boundary adjustment is for a distance not to exceed twenty(20)feet. 18.14 Woodland Residential District 18.14.010 Purpose The purpose of the W-R district is to stabilize and protect the steep and forested areas within the City. Application of the zone will ensure that the forest, environmental erosion control and scenic values of these areas are protected from incompatible development which could result in a degradation of their values. 18.16 Rural Residential District 18.16.010 Purpose The purpose of the RR district is to stabilize and protect the rural residential characteristics of areas which, because of topography, level of services, or other natural or development factors are best served by a large lot designation. 18.76 Partitions 18.76.140 Lot Line Adjustments The adjustment of a lot line by the relocation of a common boundary,where the number of parcels is not changed and all zoning requirements are met, shall be accepted by the City, provided the requirements of Sections 18.76.090 through 18,76.130 are satisfied, in addition to Section 18.76.170,where the lot adjustment causes access to be changed to an exterior unimproved street. 18.76.180 Private Ways Private ways may be created as provided in 18.80.030(B)(1). 18.80 Subdivisions 18.80.030 Approval of streets B. Creation of private ways. 1.Any easement of way providing access to property and which is created in order to allow the partitioning of land for the purpose of transfer of ownership or building development,whether immediate or future, shall be in the form of a street either in a subdivision or as provided in"A"above, except that a private way to be established by deed without full compliance with these regulations shall be reviewed as a Type I Procedure if it is the only reasonable means of access to a landlocked parcel. i i . 1 At 41' `i01<, Page 3of9 I Findings of Fact and Conclusions of Law Property Line Adjustment Scott Kuria/Ellen Walsh:Applic, 18.108 Procedures 18.108.020 Types of Procedures There are three general types of procedures: 1) ministerial actions; 2) planning actions, and 3) legislative amendments. When a project proposal involves more than one application and more than one type of procedure,the applications shall be reviewed together by the same decision body and follow the highest level procedure applying to any one of the applications. A. Ministerial Actions. The Staff Advisor shall have the authority to review and approve or deny the following matters which shall be ministerial actions: 5. Boundary line adjustments, (18.76.140) 18.108.040 Type I Procedure A.Actions Included, The following planning actions shall be subject to the Type I Procedure: 5. Partitions and Land Divisions. b. Creation of a private way, as allowed in section 18,80.030.B. i I Page 4 of 9 Findings of Fact and Conclusions of Law Property Line Adjustment Scott Kuria/Ellen Walsh:Applica IV FINDINGS OF FACT The following facts are found to be true with respect to this matter. The below Conclusions of Law are supported by the facts provided herein. 1. Property Location: The subject properties are located south of the terminus of Liberty Street. The properties are identified on Jackson County Assessor's Plat 39-1E-16AC as Tax Lot 201 and Plat 39-lE-16AD as Tax Lot 5600. 2. Subject Property Acreage and Zoning: Taxlot 5600 is exclusively residentially zoned- R1.75. Taxlot 201 is split-zoned. See, Exhibit 4. The location of the existing RR-.5 and WR zones on Taxlot 201 primarily reflects the slopes of the land in the area. As the greater area of each adjusted lot is comprised land zoned RR.-5, we are proposing that future development on the adjusted parcels be conditioned to comply with the prevalent RR-.5 zone regulations. Parcel Existing Proposed Existing Zoning Resulting Zoning Size Size (approx. acres) (approx.) Split zoned: Taxlot 201 .88 acres .50 acres RR-.5= .63 acres RR-.5= .35 acres WR= .25 acres WR= .15 acres Taxlot 5600 RR-.5= .30 acres .17 acres .55 acres R1.75=.17 acres WR= .08acres R1.75= .17 acres 3. Comprehensive Plan Map: Taxlot 5600 is exclusively designated Single Family Residential. Taxlot 201 is again split with the location of Low Density Residential and Woodland designations. The majority of the property is designated Low Density Residential with most of the western third designated as Woodland which is primarily over land with slopes of more than 35 degrees. 4. Lot Legality: Lot 5600 was created in 1948 and retained the same legal description until 1967 when the east 120 feet of Tax Lot 5600 was segregated per mortgage deed to create what is now identified as Tax Lot 5601. Said deed was recorded as #67-03677. Lot 5601 was resold again as a separate entity in 1969 as evidenced by warranty deed #69-08958. In 2009 a property line adjustment, Planning Action 2009-00566, created the current configuration for both lots. i Lot 201 was created in 2003 through Planning Action #2003-009 which partitioned the parent lot 200 into two parcels. i A I G,, ', Oil ti Page 5 of 9 i i Findings of Fact and Conclusions of Law Property Line Adjustment Scott Kurta/Ellen Walsh:Applica 5. Topography: The property slope varies from under 15% to over 35%. Much of Taxlot 5600 as currently configured slopes at over 35% down to Beach Creek. The property west of Taxlot 201 slopes down at an over 35% slope to an intermittent creels. Abutting the property to the north is the Ashland Canal. See Exhibit 8. 6. Natural Hazards: This is an area subject to wildfire hazard as identified on the City of Ashland Wildfire Lands Map. The subject property is not located within a mapped 100- year floodplain. No other natural hazards are known to exist on the subject property. 7. Fire District: The property is located within the jurisdiction of the City of Ashland Fire Department. 8. Existing Improvements: Beyond a cut-in gravel driveway and house pad, no improvements are to be found on the property. 9. Access: At this time, Tax Lot 201 has access to Liberty Street through an easement over Tax Lot number 100. Tax Lot 5600 is landlocked. With the creation of the Private Way and the adjustment of the lot lines, both parcels will have access to Liberty Street over the new Private Way. Page 6 of 9 Findings of Fact and Conclusions of Law Property Line Adjustment Scott Kurta/Ellen Walsh:Applic, V CONCLUSIONS OF LAW The following conclusions of law and ultimate conclusions are based on the findings of fact contained in Section IV above and the evidence enumerated in Section II. The below conclusions of law of the Planning Director are preceded by the approval criteria to which they relate: ASHLAND LAND USE ORDINANCE(ALUO) Lot Line Adjustment Criterion 9 18.12.40 District Boundaries Unless otherwise specified, district boundaries are lot lines, the center lines of streets, and railroad right-of-way, or such lines extended. If a district boundary divides a lot into two(2) districts,the entire lot shall be placed in the district that accounts for the greater area of the lot by the adjustment of the district boundary, provided the boundary adjustment is for a distance not to exceed twenty(20)feet. Discussion; Conclusions of Law: Tax Lot 201 was created as a split-zoned lot including areas of both WR and RR-.5. Taxlot 5600 in its current configuration is completely zoned SR-1.75. Each of these zone areas were measured and are described in the Findings section of this document. It was found that zone with the greater area of each adjusted lot is RR-.5, therefore we are proposing that future development on the adjusted parcels meet the RR-.5 zone requirements. See, Section IV Findings of Fact and Exhibit 4. Based upon the Findings of Fact in Section IV and the Evidence in Section II the Planning Director concludes that adjusting the district boundary is unnecessary as Tax Lot 201 was created initially with the existing split-zones in place, that there is a predominant zone- RR-.5, which is appropriate as the applicable regulations for the future use of these parcels. Criterion 2 18.76 Partitions 18.76.140 Lot Line Adjustments The adjustment of a lot line by the relocation of a common boundary,where the number of parcels is not changed and all zoning requirements are met, shall be accepted by the City, provided the requirements of Sections 18.76.090 through 18.76.130 are satisfied, in addition to Section 18.76.170,where the lot adjustment causes access to be changed to an exterior unimproved street. Discussion; Conclusions of Law: Each existing parcel currently contains at least one buildable site with slopes under 25% as well as land with slopes of more than 35%. By adjusting the two parcels, Tax Lot 5600 will expand its potential building envelope to include land with slopes less than 15% and as well as land with slopes of less than 25%, thereby i �' Page 7 of 9 Findings of Fact and Conclusions of Law Property Line Adjustment Scott Kurta/Ellen Walsh:Applica. reducing the need for a Physical and Environmental Constraints Review upon development. Tax Lot 201 will retain its prime building site which is predominately land that has slopes less than 15%. In addition, the boundary adjustment provides access for the previously landlocked parcel Tax Lot 5600 by expanding the property to abut to the new Private Way. Based upon the Findings of Fact in Section IV and the Evidence in Section II and Demonstration of Compliance with Applicable Standards, the Planning Director concludes that future development on both lots can be feasibly meet all applicable zoning requirements for the RR-.5 zone with the adjusted lot configuration.1 See, Exhibits 3 and 8. Creation of Private Ways Private Way Criterion 1 18.76.180 Private Ways Private ways may be created as provided in 18.80,030(B)(1). 18.80 Subdivisions 18.80.030 Approval of streets B. Creation of private ways. 1.Any easement of way providing access to property and which is created in order to allow the partitioning of land for the purpose of transfer of ownership or building development,whether immediate or future, shall be in the form of a street either in a subdivision or as provided in"A"above, except that a private way to be established by deed without full compliance with these regulations shall be reviewed as a Type I Procedure if it is the only reasonable means of access to a landlocked parcel. Discussion; Conclusions of Law: The proposed Private Way is underlain by a deeded easement benefiting Tax Lot 201. Legal review of the underlying 1963 deed confirms that that easement is appropriate as the underlying deed for a Private Way, see Exhibits 10 and 11. Due to the steepness of the land on either side of these parcels which prevents connecting to any other street to the East or West and the canal which blocks access from the South, the Planning Director concludes that the proposed Private Way connecting these properties to Liberty Street is the only reasonable means for access for the landlocked parcel Tax Lot 5600 as adjusted herein. Therefore, based upon the Findings of Fact in Section IV and the Evidence in Section II the Planning Director concludes that the proposed Private Way meets Criterion 1. In addition, the Planning Director concludes that ALUO Sections 18.76.90 through 18.76.130 can be reasonably met and that Section 18.76.170 regarding Exterior Unimproved Streets and Access Ways does not apply. . '. t ;a E Page 8 of 9 Findings of Fact and Conclusions of Law Property Line Adjustment Scott Kurta/Ellen Walsh:Applica. VI APPLICANT STIPULATIONS Applicant herewith offers the following stipulations that they agree can appropriately be made standard and discretionary conditions attached to the approval of this application: 1. The Applicant stipulates to a deed restriction that all future residential development on either parcel be supplied with sprinklers that meet the requirements of the Ashland Fire Department at the time of development. VII ULTIMATE CONCLUSIONS Based upon the preceding findings of fact and conclusions of law, the Planning Director ultimately concludes that, the case for a property line adjustment has been shown to conform with all of the relevant substantive criteria with reasonable conditions imposed to assure compliance with applicable standards. Respectfully submitted on behalf of Applicant Scott Kurtz and Ellen Walsh: CSA Planning, Ltd. 1 Jay Harland Consulting Planner MCI Page 9 of 9 APPLICANT'S EXHIBIT 3 DEMONSTRATION OF COMPLIANCE WITH APPLICABLE DEVELOPMENT STANDARDS 18.16 Rural Residential District 18.16.010 Purpose The purpose of the RR district is to stabilize and protect the rural residential characteristics of areas which, because of topography, level of services, or other natural or development factors are best served by a large lot designation. DEVELOPMENT Code Standard Compliance STANDARDS MINIMUM LOT AREA .5 acres Complies Tax Lot 201 = .50 acres Tax Lot 5600= .55 acres ......................................................................................................................................................:........................................... ....................................................................................................................................................................................................... .......................................................................................... MAXIMUM LOT COVERAGE 20% Both lots can comply with maximum coverage ................................................................................................................................................................................................. .................................................................................................................<................................_.................................................... ........................................................................................ Complies MINIMUM LOT DEPTH 150 feet Tax Lot 201 = 168 feet Tax Lot 5600= 175 feet ..............................................................................................._..._.............................................................................................. ............................................................................................................................................................_.......................................... ...................................................................................... MINIMUM LOT WIDTH 100 feet Complies Tax Lot 201 = 140 feet Tax Lot 5600= 100 feet MINIMUM FRONT YARD 20 feet Building envelope complies-Yards facing the street are 20 feet or wider .................................................................................................................................................................................................. ....................................................................................................................................................................................................... ........................................................................................... i MINIMUM SIDE YARD Building envelope complies—Side 6 feet yards are 6 feet or wider i MINIMUM REAR YARD 10 feet Building envelope complies—Rear yards are 10 feet or wider MAXIMUM HEIGHT 35 feet or two and a half stories, Future development can comply which ever is less. i Compliance with Standards: Future development can reasonably comply with the standards for the RR-.5 zone. See, Exhibit 8. 18.62 Physical & Environmental Constraints 18.62.050 Land Classifications The following factors shall be used to determine the classifications of various lands and their constraints to building and development on them: I A 0" ':c 14 1 Applicant's Exhibit 3 DEMONSTRATION OF COn ANCE WITH APPLICABLE DEVELOPMENT ANDARDS Private Way and Lot Line Adjustment Applicant: Scott Kurtz and Ellen Walsh B. Hillside Lands- Hillside Lands are lands which are subject to damage from erosion and slope failure,and include areas which are highly visible from other portions of the city.The following lands are classified as Hillside Lands: 1,All areas defined as Hillside Lands on the Physical Constraints Overlay map and which have a slope of 25% or greater. C.Wildfire Lands- Lands with potential of wildfire.The following lands are classified as Wildfire Lands: 1.All areas defined as wildfire lands on the Physical Constraints Overlay map. D. Severe Constraint Lands- Lands with severe development characteristics which generally limit normal development. The following lands are classified as Severe Constraint Lands: 1.All areas which are within the floodway channels, as defined in Chapter 15.10. 2.All lands with a slope greater than 35%. E. Classifications Cumulative. The above classifications are cumulative in their effect and, if a parcel of land falls under two or more classifications, it shall be subject to the regulations of each classification, Those restrictions applied shall pertain only to those portions of the land being developed and not necessarily to the whole parcel. Compliance with Standards: The properties are subject to section E. Classifications Cumulative as both adjusted parcels contain slopes ranging from 2%to over 35% and both are within the Wildfire Lands. Section E. states that those restrictions shall pertain only to those portions of the land being developed. In regards to sections B and D, the proposed building envelopes shown on Exhibit 8 include only lands with slopes of less than 25%. Tax Lot Total Lot Area Maximum Allowed Area in Potential Building RR-.5 zone Envelope Area 201 21,780 SF 4,356 SF 5,385 SF 5600 23,958 SF 4,792 SF 8,700 SF The table above demonstrates that there is more than adequate area for the development of a future residence on each property within these envelopes. Accordingly, per Section E., the Hillside Lands and Severe Constraint Lands regulations shall not apply any future f structure that is proposed solely on lands with slopes of less than 25%. The properties are also located within the Wildfire Lands as identified on the Physical and Environmental Constraints, Wildfire Lands Map. 18.62.090 Development Standards for Wildfire Lands B. Requirements for construction of all structures. 1. All new construction and any construction expanding the size of an existing structure, shall have a j "fuel break"as defined below. 2. A"fuel break" is defined as an area which is free of dead or dying vegetation, and has native, fast- burning species sufficiently thinned so that there is no interlocking canopy of this type of vegetation. Where necessary for erosion control or aesthetic purposes,the fuel break may be planted in slow- burning species. Establishment of a fuel break does not involve stripping the ground of all native vegetation. "Fuel Breaks"may include structures, and shall not limit distance between structures and residences beyond that required by other sections of this title. A,1 i: 0 �G 2 0 0 2 Applicant's Exhibit 3 DEMONSTRATION OF COR ANCE WITH APPLICABLE DEVELOPMENT ANDARDS Private Way and Lot Line Adjustment Applicant: Scott Kurtz and Ellen Walsh 3. Primary Fuel Break-A primary fuel break will be installed, maintained and shall extend a minimum of 30 feet, or to the property line,whichever is less, in all directions around structures, excluding fences, on the property. The goal within this area is to remove ground cover that will produce flame lengths in excess of one foot. Such a fuel break shall be increased by ten feet for each 10% increase in slope over 10%, Adjacent property owners are encouraged to cooperate on the development of primary fuelbreaks. 4. Secondary Fuel Break-A secondary fuel break will be installed, maintained and shall extend a minimum of 100 feet beyond the primary fuel break where surrounding landscape is owned and under the control of the property owner during construction.The goal of the secondary fuel break is to reduce fuels so that the overall intensity of any wildfire is reduced through fuels control, 5. All structures shall be constructed or re-roofed with Class B or better non-wood roof coverings, as determined by the Oregon Structural Specialty Code,All re-roofing of existing structures in the Wildfire Lands area for which at least 50% of the roofing area requires re-roofing shall be done under approval of a zoning permit. No structure shall be constructed or re-roofed with wooden shingles, shakes,wood-product material or other combustible roofing material, as defined in the City's building code. D. Implementation, 2. For all other structures,the vegetation control requirements of section (B)above shall be complied with before the commencement of construction with combustible materials on the lot. (Ord. 2657, 1991) Compliance with Standards: The Applicant worked with the Ashland Fire Department in 2003 for these properties. They developed and carried out a fuel reduction plan under the Fire Department's guidance. Future development can feasibly comply with the above standards and regulations. Supplemental Fire Plans can be developed at that time based on the proposed construction. In addition, the Applicant agrees to stipulate to adding a deed restriction to each property that requires sprinklers meeting City of Ashland Fire District requirements at the time of development be required in any future habitable structure, as requested by the fire department. The Applicant offers this stipulation order to retain flexibility in the design of the driveway. 18.68 General Regulations 18.68.160 Driveway Grades Grades for new driveways in all zones shall not exceed a grade of 20%for any portion of the driveway.All driveways shall be designed in accord with City of Ashland standards and installed_prior to issuance of a certificate of occupancy for new construction, If required by the City, the developer or owner shall provide certification of driveway grade by a licensed land surveyor.All vision clearance standards associated with driveway entrances onto public streets shall not be subject to the Variance section of this title. Compliance with Standards: The proposed driveway on Tax Lots 5600 and 201 can be constructed with grades of less than 20% and therefore can comply with this section. 18.70 Solar Access 18.70.040 Solar Setbacks A. Setback Standard A.This setback is designed to insure that shadows are no greater than six(6) j feet at the north property line. Buildings on lots which are classified as Standard A, and zoned for residential uses, shall be set back from the northern lot line according to the following formula: SSB=H-6' 0.445+S WHERE: SSB=the minimum distance in feet that the tallest shadow producing point which creates the longest shadow onto the northerly property must be set back from the northern property line. H=the height in feet of the highest shade producing point of the structure which casts the longest shadow 3 Applicant's Exhibit 3 DEMONSTRATION OF COn ANCE WITH APPLICABLE DEVELOPMENT ANDARDS Private Way and Lot Line Adjustment Applicant: Scott Kurtz and Ellen Walsh beyond the northern property line. S=the slope of the lot,as defined in this Chapter. B. Setback Standard B.This setback is designed to insure that shadows are no greater than sixteen (16)feet at the north property line. Buildings for lots which are classified as Standard B,or for any lot zoned C-1, E-1 or M-1, or for any lot not abutting a residential zone to the north,shall be set back from the northern lot line as set forth in the following formula: SSB=H- 16' 0.445+S C, Setback Standard C.This setback is designed to insure that shadows are no greater than twenty-one(21)feet at the north property line. Buildings for lots in any zone whose north/south lot dimension is less than Standard B shall meet the setback set forth in the following formula: SSB=H-21' 0.445+S D. Exempt Lots.Any lot with a slope of greater than thirty percent(30%) in a northerly direction, as defined by this Ordinance, shall be exempt from the effects of the Solar Setback Section. Compliance with Standards: Classifications will vary by lot. The Potential Building Envelopes are sized that future development can feasibly comply with the above standards and regulations. Respectfully submitted on behalf of Applicant. CSA PLANNING, LTD. Jay fiarlald Consulting Planner I i i EXHIBIT 4 � l]rr�afi sr' i rrti x � I L I5 4 rr u�Gr{� '`r"s a{;.}��I"rr�t"t�,.r e r 09"b rr. 1 Err 1! 11 ni�^�.', rY k�,rr ikr 5�-r"r -r� irrA n y✓" "J, t�3r r win Cry e 'r 'r t trrr� F ? } 0� 5.5'' '+" �P j k T ire.,j ., c b w V ly hr rkLj rrr .L v S b]F .t t V .- 1l-- � ice; cy� tt rrW S� A by o. �P � {7 �. 4 / , Y } 1J,i YF ;� 36jC !➢ ir'rSll �t t J Ira 2r}"ter r �o- ` u I ,r r ll-'rr A r"lrr S �fJ lrtr „r r'tr �r Inc a tr?fi� c ikp°ilia :.....,` r { rr... t I S rr rntisa 0 r+ d � t'ik r gf t r s5r -1 q �,r!�{'' � r r ei >„ ar"t tit j 3 [ {{ x i lt �at�aitr � r t{�rr�ca�- ir�.rrrr�( �`r1 }r�ilr ¢ uk 7�x rur � �. arr �"°"�s G_� tirur�r, s r Trt��r s'r•a,rs t�nr��r r':�.}��,�.�;r-�n'r i_*fu�:�.^` Kr i s,..�d� Legend City of l a n d Zoning Ma I Subject Property Lines(Post Adjustment) K n UP�Z Walsh i _..__.Setback Lines 39-1 -16AC-201 W+S � Zoning RR-.5 39-1 E-16AD-5600 5 R-1-7.5 °`- WR 50 25 0 50 Feet Source:City o s land EXHIBIT 5 Low _ e , Density Residential Jar wyj LoJWqod1AndAqe, 1 Single ll Residential Low Density Residential 0 -f6/ 91f, off? 10 LIP- I Tf i Legend City of Ashland Subject Property Lines(Post Adjustment) I ' n Comprehensive Plan w+E Low Density Residential Kurtz Walsh s Single Family Residential 39-1 E-16AC-201 -_A woodland 39-1 -16AD-5600 50 25 0 50 Feet 2010 Source:City of Ashland U U Q 1V °O �U X� ¢� O CIV91 01 6E dVW MIS a e 011 t1 SNm '� a s _ �0 1 dsrra W FFQ.• e '/..r � a� soo a • � 2'�n w.+ um ww v°o i 0 Z QdO� n V� ----_- - —._._----- a � Noy� LOy~ \ l4U° wVti N f ✓ as 1 d C,D S. 0 1 0 1II1 UU91 31 6E dVW 8HS xO p < a s � W I i 3NMV44 WVM:9b IL O lOZJ60NO VJ-VN SID '.. a Q a Q W Y � d H H o ^ nMMMN N 085181 UdVW98S �U 2 Hcry I la- C4- r� � I G-� °a g a •�'� � e� as R u � � O wr„ °9•$ w�. � - ° - '8AV WV,LNIIM TINHAy NI`INIloWwH m HlnOS I ✓" % „ ^/ off,a� ,fix rvo � s n � 8 .nv^ b,zlf °aR /J �g Ll w m3 q wR �o a LO 1 141 U pal Mo m a q°o an t mo ap (�] a acn cr„i e+n ,ttrtm� N 6 o U U V W ° m,a lyu� I� �SsF m 3 V� ' � � m� �•'� - ��v.LS sae xTa " f HDVHEI 0o s N w,. wa, wro uavart JV9f 91 Gf dVW nS ° Ll O y� Q w i - I I' 3NaNV44:WV 9VZ9:"MOZ/60/90 V1V0 919 cq C) co ID If) nz cr o E, N C) cq bi Id co tn 20 zc� < Lo tn f,f 11 1� 3 Q-I:c(t a- F-i O "P, Q'h co I J 1 O JZ� S 00'0021 E 1 7 IS >S 00-00 24 E ti 2169' Co W 38.79 tP U) 1z" ht Q- Z LT L4 iz WIDE ORIVEVA'� /V- fill cs LZ x a Es D 68- Lo'o� 2, Q Q- 30'41 o \ O � O OL�I �/tip`/�� �o rm� ��\ m� lI/r. a `per/ W CL y Lf in 151 A/ P4 04-07'03' W - 123.96'' i `, j ' h in c, fj xv 00Z-Lo L 3V9T-7T 6C O J o t/1 Z In 00 0)ac) o 0 DC �►+ ry^ ww o as m >�Zto Nrn Qz tTl Q a �� b 11j a0> z°a �° ��COIV F A Q m ttTxN Q W � �� o�' oaf > p®O`f 02 xaQ N w j EL W � � = as En o a U 2ss b O wa O O Y W I O y S.9I e PSI Szl S 00'00 24`£ N � 00.0024 E x.69" 38_79' z 2 g° i w6 aN�/H o-y ry 12 'WIDE DMA'-" ,,c m o if W /f/ AV /cp Z�wOi hv ��I;;, o ,W : 68•�� jN a41 1T3 o co 10 co � 6 L_ ¢ � _ 123.96' n rn n N 04"07'03` YV / 1 m OW�Op ooj 1011 xvl //�\� \a ¢ EXHIBIT 8 Approximate / _ ♦♦ Private-Way ♦ v/ o i , Terminus ♦ �0 Potential Driveway Stub 75 wide Clr"` il.e 35% 1 >=25° �� 6 .� ■® ,.°1® `z ` Potential ■ Mr-b W:,— ® ® -\ Building —94' / ® t Envelope ® / >w25°/, Potential 1 39-1E-16AD-5600 20 ®® Building Envelope ® >=35°1n f l t)'♦ 39-1 E-16AC-201 7 1 u 4® / � / / woo ® ® ®®® r , >�25°tn \' >= 5% l / \ / otential Driveway Stub Legend ®®Potential Building Envelopes Potential Building Envelopes Subject Property Lines(Post Adjustment) Areas With Less Than 25% Slope N Driveway w E �p�a�$h s ---Setback Lines Kurtz tltl 5-foot Contours I Tax Lots 39-1 E-1 6 -20 i Slopes 39-1 -16AD-5600 ,25%Slopes 50 25 0 50 Feet 25%+Slopes .. 35 f%+Slopes i F f' ° ource:JacksonCounty GIS Services EXHIBIT 9 1 I r I r � I r J r 1 i F r 7 , , r r 1 i S� APoroxi-mai / A, -Private Wa F' � r Terminus Potential .. - . ,1 Driveway Stub. s � I I I N I I I 1 , - I I 1 i Potential Driveway I r Stub I Legend Private ! Proposed Proposed Private Way N Approximate Private Way Terminus Kurtz WaIsh j� MQ�'➢E Subject Property Lines(Post Adjustment) 3,9-1 E-16AC-201 s driveway 39-1 -16A®-5600 5-foot Contours 75 37.5 0 75 Feet Tax Lots ource: ac son oun ervices A5Em NY ®N..--TL- too a EXHIBIT 10 WARRANTY DEED .. - I avtiTHERN OR': 'TITLE CO.,•l4ledfcrd•• ... —' n goYt'................. . vu, ROLAHp , a KNOW ALL MEN BY THESI= PRESENTS,That------ -_Y_+_TIiOMP,UIT-�11T1__(�� ..THOUPSOR,---huaban.d.a a..wif9,--_.-------•- - — In consideration of._.., et1__aTtd_ttQ f 100_-_- 10.00 - - - -_--� - _--- -- ---grantors; �. �—==- -`----------- �; it , i •....r•�,•L _azt�_oxh��_gtzo_d_ar�d valualile•considerat3._on __.,.------•--•--...-••----_:...___... ." i to---_them—.....paid by_---QB-&RT B.,_-ALS70N.._and MARX_ANN--''L--_ON_ hu — sband.azid- 1 ----X}-- --• ---------- -- grantees-, I; do._-_.hereby grant,bargain,sell and convey unto the said grantee--I--t�1e f r_____.hefts and assigns,all the following real properly,with the tenements,hereditaments and appurtenances, situated In-the County of ,I A__--._.-_--.-.-__---___......and State of Oregon,bounded and described as follows,to-wit: I; Beginning at the Northeast corner of the Southwest Quarter of the 4 d� Northeast Quarter of Section 16, Township 39 South,- Range 1.East of the Willamette Meridian, Jackson County', Oregon; thence South 18° ;53 West, 91.85 feet; thence South 82° 20' East 30.0 feet; thence �I a . ;South, 229,24 feet; thence North 72° O1' West, 280.80 feet to a :point on the Westerly line of Tract B of, premises described in i :.Volume 515, Page 288, Jackson County, Oregon, Deed Records; thence ' North 29° 08 East, 89.24 feet; thence North 529 18' East 114-.9 " ; feet; thence North 47° 00' East, 125.0 feet; thence East, *41,3 feet. to the point of beginning ! I� EXCEPTING THEREFROM a strip of land 14 feet in width for mutual road =' purposes, said easement extending 7 feet on each side of the follow- - .. :. ing described center line; beginning at a point on the North line. of the above described property, which point bears 19.2 feet West of the Northeast corner thereof; thence South 30° 44' West, 236.20 feet; thence South 45° 14' West, 76.72 feet to the Southerly line of said tract. -4 E To Have and to Hold the above described and granted premises unto the said grantees, t11e1Y ` - heirs and assigns forever, -•• _ And the grantor-S do--_covenant that--they.-arm--_-._lawfully seized in fee simple of the above NI granted premises free from all incumbrances,--_--,-_--_._-- and that—.the-y—will and-_theim_heirs,executors and administrators,shall warrant and forever defend +J II �i the above granted premises,and every part and parcel thereof,against lawful claims and demands of all A. persons whomsoever. aainst th lf Y r I Witness--o-ur _hand_S and seal_S this-"__� day o_—Ott 4Le I i C — - --- -- eal] I E S STATE OF OREGON, . ss --'s� - �' �n�-_-[Seal] . t ` Jackson C county of— 01A October ■ R On this- -clay of_.— 19_63 = before me,the under si ned,a Notar Public in and fo said C unttyy a �tate personally appeared the within ` 0 n0tried�!t _ROI, D Y_.TIOMPSON anc GLEEQ THOiSON S Who_- —known to me to be the identical individual sdescribed In and who executed the within jrls,�ume `ar7d acknowledged to me that-"h Y-__---_executed the same freely and voluntarily.- j • '� ll'z :r .. t I iN TESTIMONY WHEREOF,I have hereunto set my hand and affixed i '•!•� L/a 1..16 my official seal the day and year last above written. NOTARY PUBLIC FOR OREGO�- i i My:Commisslon_Expires j -; o -- `0 I o " r. co rn; m o o O r 0 m� v C ' rnX0 ry, pe c 0 2 2 o o , o O 6 � � o U y _ �• .� x w - tom;' 1 f. . 0 m I EXHIBIT 11 ARN __—DAVIS ,....,... .. -......._.�._;a � JACK DAVIS SAM B.DAVIS-Retired CHRISTIAN E.HEARN• S _ SIDNEY E.AINSWORTH(1927.2003) JENNIFER A.BRIDGES A T T U R N E Y S ,.A T L, A W DONALD M.PINNOCK-Retired JEFFREY K.WCOLLUM DAVID V.GILSTRAP-Retired SUSAN VOGEL SALADOFF-Sabbatical Also Admitted to Practlee in CA A Professional Corporation Established 1953 515 EAST MAIN STREET ASHLAND,OREGON 97520 (541)482-3111 FAX(541)488-4455 www,davishearn.com August 5,2010 CSA PLANNING LTD iav(7a4,csaplanning.net Re: Kurtz Walsh Property Line Adjustment Dear Sirs: Please submit this legal opinion to the Ashland Planning Department in connection with the above Application. I have specialized in real estate law in Ashland for 34 years. It is my opinion that the easement marked"Proposed Private Way"is a valid and enforceable easement which would provide access to the subject two parcels consistent with applicable land use ordinances. In preparation of this opinion, a title examiner at First American Title in Medford analyzed the easement created in the deed recorded in the official records of Jackson County,Oregon at Volume 556, Page 96. She confirmed that this easement serves the subject property and remains valid and enforceable. I relied on her research in forming this opinion. Yours truly, DAVIS;HEARN, ALADOFF&BRIDGES, P.C: r CK DAV a jc � encl i cc: Scott Kurtz kurtzwalsh(@,g_mail.com Bev bev@a csWlanning.net E. + ! r ; , 1 ! i Ii it j % ;/ ;{ ;/i i' r'% r'r, .,..,•....................._..,.. ` t l i i ! ,/ i , i r r i / { i i i / /• .te:�=• t '`• i i j/ / .� .--.. f i / { i r I , j I / l ter.... ✓� ,�1{#'�: �✓ :,. + f , i I, f 1 •,{„ ..y„ i i i l i/�i r l i ;�' ,.,•--`�'-0{u� �-:::::�.. ,. , , j ! ! f lr r i „ r %j) ppr lma %14' .r / I j r ! ;/ // i i/� ,r• ,. r rf !! r r r !/ i/ / � .r' ril.g" ,,.. ..,.,. � � ''•� `• \•1 i rl ! ( f J./{ / ,{ { / r ; r-A,Tyr i ! � j ` i i j f ; /* i ! !j� j f 1 r `r 'r •4iP •�, �•,, `., ``•., '\ t i , iif i i i � / i °.F:;: .•° r �� '��i •� •.^ •` r s , I � I i ; � j i ,..,.- r l .......•..•r - i t % 6(! ; 1 i /: .r: .r•'' ��'•�'. .ry•,... ! q,......_-S.."_.._.n.._._......__:.1........ j,.1,...,1,..�....j..., y_..1..".,...-..•-.. r i r •`'�;� °' �,��� Approximate i j 1 / / i /� : r,r=':::::'• Private-Way I tt• `•! �\ i I i i t i i ,r ;l it i/ i/rf ji t:° r,,• Terminus r lr ri � r•r'r: °••'° •~v�.......__ •....... \1 ti f i I t i i ' i r if r 1 /r....,..... wide acc. t i ( i i i i i ; Proposed(N&w).. \ \ �t i i ! r r ! i ;' /! ;i ddjt}s1et�Line \� ! t.... _ \.. 1 �t391E16AD5600 - 39IE16XC201 •` 'Sf \ 'S 0.52 ac - 0.53 ac `.` I t•, t t 1 17 it r �! ; / _.-, t I I t t t`rq AU n'daryirP�lorl t u pnfkG`urrenE) ... •,.` •\ `.\ , I it I f 34 r f i it i l /* %/. j f 1 r i i i S ✓ 1 % i i / Legend w Adjustment QProposed Property Lines }w,S Current Property Lines WE [ _ I Tax Lots Kurtz gg Proposed Private Way 39-1 E-16AC-201 ........ Moot Contours 39-1 E-16AD-6600 75 37.5 0 75 Feet Private Way Turnaround �, pp S3(k if k 2 I i EXHIBIT 12 l Jackson County Official Records 2004-044785 nt1 G 8/04/2004 12:52:34 PM C =nt Stn=10 CUTTIN $15.00$5,00$11.00 Total:$31.00 01048234200400447850030030 I,Kathleen S.Beckett,County Clerk for Jackson County,Oregon, certify that the Instrument Identlned herein was recorded In the Clerk record`. Kathleen S.Beckett-County Clerk BARGAIN AND SALE DEED Return Document To: Kurtz-Walsh Property, LLC Address: Send Tax Statements To: Kurtz-Walsh Property, LLC Address: City of Ashland, Oregon, Grantor, conveys to Kurtz-Walsh Property, LLC , Grantee, the following real property as described on the attached Exhibit A. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. The true and actual consideration for this conveyance $1.00 and other good and valuable consideration. Dated this�_day of , 2004. GRANTOR: State of Oregon County of Jackson i This instrument was acknowledged before me on _, 2004, 6- G:UegarkPAULTARKSWur2 exchange deed from city oc.wpd g 6" I by Alan W. DeBoer as Mayor of the City of Ashland, Oregon, and by Barbara Christensen as City Recorder of the City of Ashland. q Q OFFICIAL SEAL ��Q�:+�►^ ` WACENSKE Nota ublic for Ore on [#::JODI OTARY PUBLIC - OREGON g MMISSION NO. 378320 My Commission expires: � O8 Q COMMISSION EXPIRES DEC.S.1001 I I i i I i EXHIBIT A DESCRIPTION OF LAND TO BE DEEDED TO KURTZ/WALSH A parcel of land located in the Northeast Quarter of Section 16, Township 39 South, Range 1 East of the Willamette Base and Meridian, City of Ashland, Jackson County, Oregon, further described as Parcel No. 2 of that Land Partition recorded as Partition Plat No. P-12-2004 of the records of Partition Plats in Jackson County Oregon and filed in index Volume 15 Page 12. June 7, 2004 Lot 391 E16AC 200 Partition City to Kurtz/Walsh i i I I i EXHIBIT 12 __..__. .. Jackson CountyOtricial Records 2008-013860 Cb h, V THIS SPACE RESERVED FR-WD- 041114200802:03:00 PM Cnt-1 Stn-4 SHAWBJ . . $10.00$5.00$5.00$11.00 Total:$31.00 A m& Or il t I e IIIIIIII II III IIIIII Part OfThe/ELD-WEN Family 0131767920060 139 00020026 I,Chrinlne Walker,County Clerk for looffor,county,orepon,artlfl, After recording return to: that the Inalrament Idenllaed henln vat recorded In the clerk KURTZ-WALSH PROPERTY LLC,AN ,reCofd*, Christine Walker-County Clerk OREGON LLC 4-• 831 LIBERTY STREET _Ashland,OR 97520 Until a change is requested all tax statements shall be sent to the following address: n 1 KURTZ-WALSH PROPERTY LLC,AN OREGON LLC 831 LIBERTY STREET Ashland,OR 97520 Escrow No. AS0785812 Title No, 0785812 swu I STATUTORY WARRANTY DEED OREGON LAND GROUP LLC, AN OREGON LLC, Grantor(s) hereby convey and warrant to KURTZ-WALSH PROPERTY LLC, AN OREGON LLC, Grantee(s) the following described real property in the County of JACKSON and State of Oregon free of encumbrances except as specifically set forth herein: Beginning at a point which bears South 425.0 feet and West 392.0 feet from the Northeast corner of the West half of the Southeast quarter of the Northeast quarter of Section 16,Township 39 South,Range I East,Willamette Meridian;thence West 268.0 feet to the West line of the tract described in Volume 219,Page 169,Deed Records of Jackson County,Oregon;thence North 70.0 feet;thence East 268.0 feet;thence South 70.0 feet to the point of beginning. EXCEPT the East 120 feet thereof, For Informational purposes only,the following is included: (Map No.391E16AD,Tax Lot 5600,Account No. 1-009456-5,Code 5-01) I The above-described property is free of encumbrances except all those items of record,if any,as of the date of this deed and those shown below,if any: I The true and actual consideration for this conveyance is$12,000.00. BEFORE SIGNING OR ACCEP'T'ING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS,BEFORE SIGNING OR ACCFPTING TIIIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK wrryl THE APPROPRIA'T'E CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL,AS DEFINED IN ORS 92.010 OR 215.010,TO VERIFY THE APPROVED USES OF THE.LOT OR PARCEL,TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FORE-sT PRACfiCES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS,IF ANY UNDER ORS 195.300,195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11,CHAP����T•••yTER 424,OREGON LAWS 2007, Dated this � � day of OFFICIAL V UAL OREGON ,AN GRO LC, N 0 O NOTARY K �OOON C0MMI9TN1 ENO. "87 cam KEVIM4.CURTIN,MANA'ING El - State of Oregon g County of JACKSON I Page 2-Statutory Warranty Deed—Signature/Notary Page Escrow No.AS0785812 This instrument was acwiowledged before me on�[ U� ,2008 by KEVIN J,CURTIN,AS MANAGING MEMBER FOR OREGON LAND GROUP LLC,AN O EGON LLC. atary,Pub'c for Ore My co i e ires OFFlCE V SEAL NOTARY PUWC•DREOON COMMISSION NO.426487 MY CWMIS M EMAES APA.30 2012 I III I II I I I e i • EXHIBIT 12 aT 1 FORbt No.715--WARRANTY DEED(C—N.o.Tenants by Rnl!relr). A''YJfe16 G r `) "'_v 169 564200 UP KNOW ALL MEN BY THESE PRESENTS,That...BAR.ION...L......CARTER...and,...JANE Y..M.. CARTER,...husband...and...wife.,........................................................................................................................ ................................................................................................................................... ........................................ grantor..$. • in consideration of....Ten-and...na/100....($1Q...00.).-.._-...-....r.....-....---.-...-...-._.�....-...-...-..Dollars, to.........them.......paid by...R.....W.....IiOR.IS...and.-MARY..ELIZABPTH...V-QR-IS....................................... ............................................................................................................................................I husband and wife, rantees, g •I do......hereby grant,bargain,sell and convey unto the said grantees,as tenants by the entirety,their heirs © and assigns,all the following real property,with the tenements,hereditaments and appurtenances,situated in the County of..............Jaaks.on..............and State of Oregon,bounded and described as follows,to-tvit: From the Northeast corner of the West Half of the Southeast �•f�'" Quarter of the Northeast Quarter of Section i 16, Township 39 South, Range 1 East of the Willamette ; Meridian, Jackson County, Oregon; thence South 425.0 I feet; and. thence West 392.0 feet to the point of i M beginning; thence West 268.0 feet to the West line of tract described in Vol. 21 , Jackson County, Oregon; thence North 7090 f R eet; thence� Fast feet; of beginning. thence South 70.0 feet to the point - -- -� i i t4 � To Have and to Hold the above described and granted premises unto the said grantees as tenants =.G by the entirety,their heirs and assigns forever. z Andl.11eY-,the grantor.$.,covenant that.they....are........lawfully seized in fee simple of the above , .............. granted premises free from all incumbrances................................................ ............................................................... ..................................................................................... - ,,.'i t .......................................................................................................................................................................................... _ and that- e.y..will and...tbe'L1'....heirs,executors and administrators,shall warrant and forever defend ! es� t-h 1 the above granted premises,and every part and parcel thereof,against the lawful claims and demands of . �v all persons whomsoever. q I" Witness......thci3-r.......hand.S.and seal;- this . ............_day of..__. MASS`1 •••.. ..-.,1963.- ' S.. C(J L�r!.........._(sue) r r ..................................................................................(SEAL) } I ` STATE OF OREGON, _... (SEAT.) Bi tot as, j County of..........Tacks-on..............•----.._..} On this..�.Z..........day ot........Marc.h_.............,19.6.3., before me, the undersigned,a Notary Public in and for said County and State,personally appeared the ) tv,elpfi n¢mea Marion...b....Car.ter...and...Janex..ht......Cas tar..r...husband-..and-.-wife. ,. .. „�`�•1'.��`..a^:. known to me to be the identical individual.-S described in and who executed the within instrument,and acknowledged to me that-theyexecuted the same freely and voluntarily. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official `.• r'J L L�'�'';' _ :seal the day and year last above written. , � .,.,.,•.,...;.1�' �rj � � 1. „nnu••• Notary Public for Oregon. My Commission expires._4?ne yv �) I WARRANTY DEED STATE OF OREGON; ' t as. M&x. .AXI.. ..-.°CElr.teS................ County*hj.i I car the within instru- J�Yx9 .NATO Suer menff//t was teceiv f-or,re�rd on the \ ,.t..- day of.-....i ?: r?Fft/ . R. W. �7 t.oN r use rNI. i •••••.-^•-••..-•-••••••-•.r.4F.�:S............................. 6rACe,flE6EflVEa at...lj.��C P--..o'clock M.,and recorded ` C -•• r..R........ in book..............- on page.. ................ {i z Mary.--Eli zabeth..•Yoris. ".EL IN cOUN. p fi t! TIE.WNEne Record of Deeds of said County. Fi OUWW AFTER RECOROINO RETURN TO ? Witness my hand and seal of AJ a County affixed. ,t 4 Cq �.�� ��...i..�.c�C''t�.. j Count y Clerk a or. a By �: ..P �D�ep„ay. i '?l �'IP..*.TT 4•'?::!'i i'r' �.y7.,.S4�n:.:Gtr,ASni'A'.:w era�q.aeaacxGatn'{N¢ - �.. . 3 r¥�.4`E'FF. s: .,...`kl• �1^�:+i1�T.Sill�ra:, ' I r i " 1 ! � i i : 'i 1 1 , jowatP 33rd Aug m saslwa3d plus vodn 3aajja u!3aljnutD3at1 30 Ioajja ut sawal Aue u8rssv dga3Dq put,uoazatp sn 3a a+o3dtu! 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II. Inr.J «[ 1 ....._....I. is q 'p.Pubq�.!.rilisno.lot(!rntluJ.rpt>uu.J•rgh.«il•,n1VUJ A.n11 Ip:n J.][Jr.UlaJ,u(.....-. 1 ........................ ....d;jA•lido ��.tUL'C Slli.�----�� 1 1 1 f 'SMOA IU,aTtI1'Z11:1 ,121144 put: S111U:1 'Ai'N h°rI•l.'.I,X:Iti;TlGf:•ISiIILI,.l31\';•Ilk'In A(ISy uo6aJp'ssed s7ueJ0 7 f'-C/i ��/><' u lf3 �/ o6aJp'pj0jpayq'OU 3UNvunSN1 31111 V01WVSNVH1 0710 A1:tVan r^^M Bill z LIgIHX� ASHLAND PLANNING COMMISSION FINDINGS & ORDERS February 11, 2003 PLANNING ACTION 2003-009 is a request for a Land Partition to divide the property located south of the terminus of Liberty Street into two parcels. The westerly parcel will be dedicated parkland under the jurisdiction of the Ashland Parks Department. The dedicated parkland will be unbuildable. Comprehensive Plan Designation: Rural Residential and Woodland Residential; Zoning: RR-.5 and WR; Assessor's Map#: 39 lE 16 AC; Tax Lot: 200. APPLICANT: City of Ashland Parks Department Project Description The property is located south of 831 Liberty Street and has no street frontage on any public right of way. The parent parcel is 1.92 acres in size and is mixed with Woodland Residential (WR) corresponding in part with a deeply incised creek bed.The proposal entails dividing the property into two parcels with Parcel 1 being dedicated parkland under the jurisdiction of the Ashland Parks Department, and Parcel 2 retaining the buildable area under-private ownership. Parcel 1 will be approximately 1 acre and Parcel 2 will be approximately 0.92 acres in size. Background The property is included in the short term list of the updated Park,Trails, and Open Space Program that was approved by both the Parks Commission and the City Council in July of 2002. The Parks Department acquisition of this site was reviewed and approved by the City Council in October of 2002 authorizing staff to execute all documents necessary for the purchase, the division of the property,the conveyance of a portion to the neighbor and to accept the trail easement through the neighboring property. Upon the division of the property proposed Parcel 1 will become solely owned by the City, and proposed parcel 2 will be under the sole ownership of Kurtz LLC. Proposal The division of the parent parcel into two lots complies with all applicable criteria. The proposed parcels exceed all minimum dimensional and area requirements for lots in the RR- .5 zone. According to 18.16.040 of the ALUO, in the RR-.5 zone, the minimum lot size is %2 acre, the minimum lot width is 100 feet and the minimum lot depth is 150 feet. The standard yard requirements are a minimum of 20 feet for front yards The side yard setback is a minimum of five feet and the rear yard setback is ten feet for each story. As proposed Parcel 1 will be approximately 1 acre with dimensions of 168 feet wide and 240' deep. Parcel 2 as proposed is to be .91 acres, 205 feet wide, and 217' deep on average. Chapter 18.62, Physical and Environmental Constraints of the ALUO states that lots created by Planning Application 2003-009 Ashland Planning Department—Staff Report City of Ashland Parks Department Page 1 ASHLAND PLANNING COMMISSION FINDINGS & ORDERS February 11,2003 PLANNING ACTION 2003-009 is a request for a Land Partition to divide the property located south of the terminus of Liberty Street into two parcels. The westerly parcel will be dedicated parkland under the jurisdiction of the Ashland Parks Department. The dedicated parkland will be unbuildable. Comprehensive Plan Designation: Rural Residential and Woodland Residential; Zoning: RR-.5 and WR;Assessor's Map#: 39 1 16 AC; Tax Lot: 200. APPLICANT: City of Ashland Parks Department Project Description The property is located south of 831 Liberty Street and has no street frontage on any public right of way. The parent parcel is 1.92 acres in size and is mixed with Woodland Residential (WR) corresponding in part with a deeply incised creek bed.The proposal entails dividing the property into two parcels with Parcel 1 being dedicated parkland under the jurisdiction of the Ashland Parks Department, and Parcel 2 retaining the buildable area under private ownership. Parcel 1 will be approximately 1 acre and Parcel 2 will be approximately 0.92 acres in size. Rf Background The property is included in the short term list of the updated Park,Trails, and Open Space Program that was approved by both the Parks Commission and the City Council in July of 2002. The Parks Department acquisition of this site was reviewed and approved by the City Council in October of 2002 authorizing staff to execute all documents necessary for the purchase, the division of the property,the conveyance of a portion to the neighbor and to accept the trail easement through the neighboring property. Upon the division of the property proposed Parcel l will become solely owned by the City, and proposed parcel 2 will be under the sole ownership of Kurtz LLC. Proposal The division of the parent parcel into two lots complies with all applicable criteria. The proposed parcels exceed all minimum dimensional and area requirements for lots in the RR- .5 zone. According to 18.16.040 of the ALUO, in the RR-.5 zone,the minimum lot size is %2 acre, the minimum lot width is 100 feet and the minimum lot depth is 150 feet. The standard yard requirements are a minimum of 20 feet for front yards The side yard setback is a minimum of five feet and the rear yard setback is ten feet for each story. As proposed Parcel 1 will be approximately 1 acre with dimensions of 168 feet wide and 240' deep. Parcel 2 as proposed is to be .91 acres, 205 feet wide, and 217' deep on average. Chapter 18.62, Physical and Environmental Constraints of the ALUO states that lots created by Planning Application 2003-009 Ashland Planning Department—Staff Report City of Ashland Parks Department Page 1 EXHIBIT 13 CITY OF ASHLAND March , 2003 Scott Kurtz 831 Liberty Street Ashland, OR 97520 City of Ashland Parks Department 20 E. Main Street Ashland, OR 97520 RE: Planning Action#2003-009 Dear Scott Kurtz and City of Ashland Parks Department: On January 22, 2003,the Ashland Planning Department administratively approved your request for a Land Partition for the property located south of the terminus of Liberty Street--Assessor's Map#39 lE 16 AC, tax lot 200. It was reviewed by the Ashland Planning Commission at its meeting of February 11, 2003 and was not called up for a public hearing, therefore becoming effective immediately. The conditions of approval are as enclosed; in addition,please note t circled ite s below: 1 A final map prepared by a registered surveyor must be submitted within one year of the above approval date; otherwise, you must reapply. I Approval is valid for a period of one year only. 3 3 All conditions imposed by the Planning Commission must be fully met before an occupancy permit may be issued. Please feel free to call me at 488-5305 if you have any questions. I ( Sinc ely, i Molnar Senior Planner i COMMUNITY DEVELOPMENT Tel:541-488-5305 La `4 20 E.Main Street Fax:541-552-2059 Ashland,OR 97520 TTY:800.735-2900 www.ashland.or.us subdivision or partitioning shall contain a building envelope of less than 35%. Although this is the case for Parcel 2 as indicated on the site plan,Parcel 1 is entirely over 35%and thus does not contain a buildable area for a single family residence. However as Parcel l is not to be developed but instead is to be maintained by the Ashland Parks Department as Open Space,thus no building envelope is proposed for parcel 1. Parcel l will become dedicated park land under the jurisdiction of the Ashland Parks Department. Chapter 18.62 allows for creation of lots that have no buildable area when such lots are exclusively for open space or conservation purposes. Automobile access to both the City Open space parcel, and the developable parcel will be provided via a 12' easement along the existing drive traversing 831 Liberty Street. As Parcel 1 is to remain undeveloped, automobile access to this parcel will only be necessary for intermittent maintenance of the open space and or trails system. As such the partition will not generate a discernable increase in automobile traffic. The ultimate development of Parcel 2 with a single family home will be subject to the Physical and Environmental Constraints chapter for development of Hillside lands. It is important to note that as no change in the number of residences served by the existing private drive is proposed. This drive currently exceeds the 15% maximum for new drives, but as it is considered pre-existing no change in grade or surfacing is required to develop parcel 2. The drive on the subject property(Parcel 2)is currently graded to be less than 15% slope on average,however there is a portion that is nearly 22% in slope. The drive on the subject property will have to be surfaced(paved)to function as fire apparatus access when parcel 2 is developed,but no alteration of grade will be required. A public pedestrian easement shall be granted through the western portion of the property 831 to secure public pedestrian access from the terminus of Liberty Street to the subject property and the trail system emanating from this property. Utility easements shall be provided within the 12'wide automobile access(corresponding to 6'on each side of the centerline of the existing private drive) from the terminus of Liberty Street to the subject property to allow for the eventual development of Parcel 2. The development of trails and associated public easements will provide a connectivity of the pedestrian transportation system that could not otherwise be acquired. Therefor the partitioning of the subject property enhances the overall parks and trails systems, and conforms to the 2002- 2012 Open Space, Parks, and Trails Plan. Beyond the addition of one single family home on Parcel 2, and trail development on Parcel 1,no further development of the property is foreseeable. Therefor the urban purposes for the subject property are maximized by this proposal. The criteria for Land Partition approval are described in the Partitions Chapter 18.76 as follows: Planning Application 2003-009 Ashland Planning Department—Staff Report City of Ashland Parks Department Page 2 III I A. The future use for urban purposes of the remainder of the tract will not be impeded. B. The development of the remainder of any adjoining land or access thereto will not be impeded. C. The tract of land has not been partitioned for 12 months. D. The partitioning is not in conflict with any law, ordinance or resolution applicable to the land. E. The partitioning is in accordance with the design and street standards contained in the Chapter on Subdivisions. F. When there exists adequate public facilities, or proof that such facilities can be provided, as determined by the Public Works Director and specified by City documents,for water, sanitary sewers, storm sewer, and electricity. G. When there exists a 20 foot wide access along the entire street frontage of the parcel to the nearest fully improved collector or arterial street, as designated in the Comprehensive Plan. Such access shall be improved with an asphaltic concrete pavement designed for the use of the proposed street. The minimum width of.the street shall be 20 feet with all work done under permit of the Public Works Department. 1. The Public Works Director may allow an unpaved street for access for a minor land partition when all of the following conditions exist. a. The unpaved street is at least 20 feet wide to the nearest fully improved collector or arterial street. b. The centerline grade on any portion of the unpaved street does not exceed ten percent. 2. Should the partition be on an unpaved street and paving is not required, the applicant shall agree to participate in the costs and to waive the rights of the owner of the subject property to remonstrate both with respect to the owners agreeing to participate in the cost of full street improvements and to not remonstrate to the formation of a local improvement district to cover such improvements and costs thereof. Full street improvements shall include paving, curb, gutter, sidewalks and the undergrounding of utilities. This requirement shall be precedent to the signing of the final survey plat, and if the owner declines to so agree, then the application shall be denied. H. Where an alley exists adjacent to the partition, access may be required to be provided from the alley and prohibited from the street. (amended Ord. 2 75 7, 1995). j I The application with the attached conditions complies with all applicable City ordinances. Planning Action 2003-009 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 Planning Application 2003-009 Ashland Planning Department—Staff Report City of Ashland Parks Department Page 3 2003-009is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant be conditions of approval unless otherwise modified here. 2) That a final survey plat shall be submitted within one year of this approval 3) That a twelve(12) foot wide access and utility easement from the terminus of Liberty Street, through the property at 831 Liberty St, to Parcel 2 shall be granted and indicated on the final survey plat. 4) That a twelve (12) foot wide easement for the purposes of maintenance and fire apparatus access from the terminus of Liberty Street, through the property at 831 Liberty St,to Parcel 1 shall granted and be indicated on the final survey plat 5) That a pedestrian easement,with a minimum width of 5', from the terminus of Liberty Street, through the western portion of the property at 831 Liberty St, to the subject property shall be granted and indicated on the final survey plat 6) That the property owner(s)sign in favor of a local improvement district(LID)for full street improvements on Liberty Street including paving, curb and gutters, and sidewalks. 7) That prior to issuance of a building permit for parcel 2, a fire hydrant shall be installed within 250' of all points of the proposed building, or a residential fire sprinkler system shall be installed in the proposed structure. If no appeal is filed, this request will become final when reviewed by the Ashland Planning Commission on February 11, 2003. BfM ar, Senior Planner Date PA 2003-009 Page 4 EXHIBIT 14 CITY IF July 17, 2009 Frank Philipps 813 Beach Street Ashland, OR 97520 RE: Ministerial Action#PL 2009-00566 Notice of Ministerial Decision The Ashland Planning Department approved your request for a boundary line adjustment for the property located at 813 Beach Street--Assessor's Map#39 1 16 AD Tax Lot#5601. This approval is subject to the following conditions: 1) That both adjusted lots shall be limited to the building envelopes shown in the attached map, as required in AMC 18.62.080.6, and no future development disturbance shall be permitted on either of the adjusted lots on lands with slopes in excess of 35 percent. Any future development on lands in excess of 25 percent shall be subject to a Physical & Environmental Constraints Review Permit. (The envelopes identified are based on standard setbacks for the zoning district and City GIS data identifying unbuildable areas with slopes of 35 percent or greater; slope verification by a surveyor will be necessary prior to future development) 2) Any future development of Tax Lot#5600 would be limited to the envelope identified in the attached, would require that the applicant provide evidence of legal access, and would require a Physical and Environmental Constraints Review Permit. As a pre-existing legal lot of record which predates the current land use regulations, Tax Lot #5600 would be considered a pre-existing condition if access were to be taken via the existing flag drive from Liberty Street. However any driveway improvements necessary would need to meet applicable driveway standards, fire apparatus access requirements, and hillside development regulations. If you have any questions regarding this decision, please contact the Community Development Department between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday at(541)488-5305. Cc:file, Scott Kurtz,Polaris DEPT.OF COMMUNtrY DEVELOPMENT Tel:541-488-5305 20 E,Main Street Fax:541.552.2050 NU(i Ashland,Oregon 97520 TTY: 800.735.2900 � OW www,ashland.orms rats EXHIBIT 15 � a 1S NNW1H91M 1S HNNIONI r 1S 3SI MS r w 1S 3001219 O O O2i 2136 i 9 w AOMOAtij 0 %_ o 1S A2i3nN 6J 1S MJVN031 131 j2jvc) z as •� m a�a Ail-IV RC7MA gym O 1S NOON E � a AV WINd g j B m8e A3llN S 2JO10O0 1S 8HION)Il3 Pr. 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IN MIT APPLICATION CITY OF Planning Department 51 Winburn Way,Ashland OR 97520 FILE J ° , _ J f ASHLAND 541-488-5305 Fax 541-488-6006 DESCRIPTION OF PROJECT Creation of a Private Way and a Lot Line Adjustment DESCRIPTION OF PROPERTY Street Address Near 831 Liberty Street 16AC 201 Assessor's Map No.39 1 E 16AD Tax Lot(S) 5600 Zoning RR-.5, WR and R 1.75 Comp Plan Designation Low Density Residential, Woodland, Single Family Residential APPLICANT Name Scott Kurtz and Ellen Walsh Phone E-Mail Address 554 Fordyce Street City Ashland Zip 97520 PROPERTY OWNER Name Scott Kurtz and Ellen Walsh Phone E-Mail Address 554 Fordycr;Street City Ashland Zip 97520 SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER Title Agent Name Jay Harland, CSA PlanningPhone541-779-0569 E-Mail Jay @csaplanning.net Address 4497 Brownridge, Ste 101 City Medford Zip 97504 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, ­-7 Failure�tthh's-f6�g'�rd" lt m tpnly the re quest being set aside, but also possibly in my structures being built in reliance thereon being required to d y I am advised to seek competent professional advice and assistance, be reml haven doubts, August 5, 2010 Applicant's Si nature Date As owner of h opan any involved in this re uest lave read and understood the complete application and its consequences to me as a property owner. August 5, 2010 Property Owne�_Sj ig nature (required) Date [To be completed by City Staff) Date Received t_ & Zoning Permit Type Filing Fee$ OVER N (',\rnmm_dPV\nlannina\Forme A,Nmrdn t67nnimr Prrmir Annliratinn Fnnn dnr ar u� Job Address: 831 LIBERTY ST Contractor: ASHLAND OR 97520 Address: C 'A` Owner's Name: KURTZ SCOTT Phone: Customer#: 05813 State Lic No: P; CSA PLANNING LTD Yr City Lic No: Applicant: 4497 BROWNRIDGE TER Address: 101 '! C MEDFORD OR 97504 C.' Sub-Contractor: A' Phone: (541) 779-0569 Address: T.+ N Applied: 08/06/2010 . `( Issued: 08/06/2010 Expires: 02/02/2011 R Phone: State Lic No: Maplot: 391 E16AC100 City Lic No: DESCRIPTION: Boundry Line Adjustment&Creation of Private Way VALUATION '`' Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description Total for Valuation: ' -; ;M�CL-IANICAL I i STRUCTURAL I �'PERMI T FEE DETAIL Fee Description Amount Fee Description Amount Type 1 1,248.00 CONDITIQNSp�APPROVAL, , °: i i COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 East Main St. Fax: 541-488-5311 Ashland, OR 97520 TTY: 800-735-2900 www.ashland.or.us Inspection Request Line: 541-552-2080 -ASH LAN CITY F