HomeMy WebLinkAboutSecond_108_PA-2013-00060
CITY
February 20, 2013 'ASHLAND
Second Spring Property LLC
c/o Dudley. Rood
108 SECOND ST
ASHLAND, OR 97520
RE: Planning Action #2013-00060
Notice of Final Decision
On February 19, 2013, the Staff Advisor for the Ashland Planning Division administratively approved
your request for the following:
PLANNING ACTION: 2013-00060
SUBJECT PROPERTY: 108 Second Street
APPLICANT: Second Spring Property LLC / Dudley Rood
DESCRIPTION: A request for a modification to an existing 1987 Conditional Use Permit for exterior
modifications to an existing structure for the property located at 108 Second Street. The application includes a Solar
Access Waiver to shade the property to the north more than permitted by code. The property to the north at 120 N
Second Street has agreed to the additional shading. COMPREHENSIVE PLAN DESIGNATION: Low Density
Multiple Family Residential; ZONING: R-2;
ASSESSOR'S MAP: 39 lE 09BA TAX LOT: 8900
The Staff Advisor's decision becomes final and is effective on the 131' day after the Notice of Final
Decision is mailed.
Prior to the final decision date, anyone who was mailed this Notice Of Final Decision may request a
reconsideration of the action by the Staff Advisor as set forth in the Ashland Land 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).
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 j
appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to
proposed conditions of approval with sufficient specificity to allow this Department to respond to the
issue precludes an action for damages in circuit court.
The application, all associated documents and evidence submitted, and the applicable criteria are available
for review at no cost at the Ashland Community Development Department, located at 51 Winburn Way.
Copies of file documents can be requested and are charged based on the City of Ashland copy fee
schedule.
If you have any questions regarding this decision, please contact the Community Development
Department between the hours of 8:00 am and 4:30 pm, Monday through Friday at (541) 488-5305.
cc: Parties of record and property owners within 200 ft
1
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305
51 Winbum Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900 )
www.ashland.or.us C !
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ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PL NGACTION: 2013-00060
SUBJECT PROPERTY. 108 Second Street
APPLICANT: Second Spring Property LLC / Dudley Rood
DESCRIPTION: A request for a modification to an existing 1987 Conditional Use Permit for
exterior modifications to an existing structure for the property located at 108 Second Street. The application
includes a Solar Access Waiver to shade the property to the north more than permitted by code. The property
to the north at 120 N Second Street has agreed to the additional shading. COMPREHENSIVE PLAN
DESIGNATION: Low Density Multiple Family Residential; ZONING: R-2;
ASSESSOR'S MAP: 39 lE 09BA TAX LOT: 8900
SUBMITTAL DATE: January 16, 2013
DEEMED COMPLETE DATE: January 29, 201-3
STAFF APPROVAL DATE: February 19, 2013
FINAL DECISION DATE: March 4, 2013
APPROVAL EXPIRATION DATE: March 4, 2014
DECISION
The subject property is located at the intersection of Second and C Streets. There is an alley at the rear of
the property. There is a historic contributing, circa 1920, one and a half story, craftsman bungalow near
the front (west) and side (north) property lines. The structure was a two-unit residence in the 1960s at
some point between 1960 and 1980 a third unit was added. In 1987, a Conditional Use Permit approval
was obtained to convert the two apartments on the first story to, two professional office spaces and a
residential unit in the second story. At the time of the office development; a parking lot with five spaces
was added at the back of the lot accessed off the alley.
The applicant has requested a modification to an existing. structure with a conditional use permit to
modify the exterior. No modifications to the uses of the site are proposed. The applicant has proposed to
modify the two existing upper story dormers and add a rear deck off the second story.
The upper floor has less than six (6) feet of head room and in order to provide standing height in the
bathroom and kitchen, the applicant has proposed to increase the size, particularly the height of the
dormers on the north and south elevations. The south dormer is proposed to be widened from 10 feet to
15 feet and raised in height by 2-feet 9-inches. The north dormer is-proposed to retain the existing width
of 10-feet and to be raised in height by 2-feet, 9-inches. The structure does not comply with the solar
setback requirements, as it is setback less than 3-feet from the north property line. The increase in height
of the northern dormer casts additional shadow on-to the adjacent property to the north than permitted by
code and requires the review, approval and agreement to the additional shading by the property owner
affected to the north. The adjacent property owner has agreed to the additional shading. The existing
shading cast by the subject property shades the windows of the structure to the north and the additional
shading will not adversely affect the structure more than it is has been affected for the last 93 years.
PA #2013-00060.
108 Second Street/adg
Page 1
The property does not have any private, outdoor space for the residence. Additionally, in order to meet
current building codes an additional point of egress is required in the residential unit. Addition of the
rear deck achieves these two purposes. The deck is proposed to be 8-feet wide by 5-feet deep. The
applicant has proposed to add 5-foot wide French doors. The applicant stated at the Historic Commission
meeting that the doors would have a window light pattern that matches the existing window of the house
with three lights at the top and open glass on the bottom portion. Additionally, the deck is proposed to be
clad in shingles which match the existing exterior shingle detail on the second floor and belly band of
the existing structure. The posts of the deck are 6 X 6 posts and are proposed to be clad to 8 X 8 to
match the front porch of the residence.
The Historic Commission reviewed the proposed exterior modifications at their February 6, 2013
meeting. The Commission expressed concerns about the visibly of the deck in the rear while at the same
time understand the need for outdoor private living space for the residence. The commission
recommended that the posts of the rear deck be clad, to 8 X 8 or match the posts dimensions on the front
porch. Additionally, the Commission recommended the beams of the deck be extended to create 'an arbor
or pergola on which vine plants could be planted to soften the posts and reduce their visibility. The
applicant understood and concurred with the Historic Commission recommendations at their meeting.
Aside from the request for the solar waiver and the existing side yard setback not being in compliance,
the proposed dormer modifications and the addition of a rear deck are in compliance with the standards
of the zoning district. The' exterior modifications will not be creating additional demand on city facilities
and the applicant has improved the aesthetic of the site by undergrounding the existing overhead
electrical. The exterior modifications will not have an adverse effect on the livability of the zone, as the
uses of the site are existing and are not to be modified with this application. The increase in the dormer
height and the addition of the deck is similar in bulk scale and coverage as it adds only additional
headroom but not additional floor area. Light, noise, glare, dust, odors, etc. will not be affected by this
proposal.
When considering the slight modifications to the exterior with the extensive interior renovations, the
applicant has proposed to modify a historic contributing structure while retaining the integrity of the
existing residence to modifying it to meet residential needs in modern times. The applicant has also
made slight modifications to the interior which will assist in modernizing the ground floor office spaces
through the addition of insulation and a fire separation door where there was previously a hall door.
The criteria for a Conditional Use Permit are described in AMC Chapter 18.104.050, as follows:
A. That the use would be in conformance with all standards within the zoning district in which the
use is proposed to be located, and in conformance with relevant Comprehensive plan policies
that are not implemented by any City, State, or Federal law or program.
A That adequate capacity of City facilities for water, sewer, paved access to and through the
development, electricity, urban storm drainage, and adequate transportation can and will be
provided to and through the subject property.
C. That the conditional use will have no greater adverse material effect on the livability of the
impact area when compared to the development of the subject lot with the target use of the zone.
When evaluating the effect of the proposed use on the impact area, the following factors of
livability of the impact area shall be considered in relation to the target use of the zone:
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PA #2013-00060
108 Second Streedadg
Page 2
1. Similarity in scale, bulk, and coverage.
2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and
mass transit use are considered beneficial regardless of capacity of facilities.
3. Architectural compatibility with the impact area.
4. Air quality, including the generation of dust, odors, or other environmental pollutants.
5. Generation of noise, light, and glare.
6. The development of adjacent properties as envisioned in the Comprehensive Plan.
7. Other factors found to be relevant by the Hearing Authority for review of the proposed use.
The application with the attached conditions complies with all applicable City ordinances.
Planning Action 2013-0060 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 2013-0060
is denied. The following are the conditions and they are attached to the approval:
1) That all proposals of the applicant shall be conditions of approval unless otherwise modified here.
2) That building permit submittals shall include:
a) That prior to the construction of the deck, the detail of the French door shall be modified to meet
the three-divided light panes across the top with open glass along the bottom.
b) That all recommendations of the Ashland Historic Commission from the February 6, 2013
meeting, where consistent with the applicable ordinances and standards and with final approval
of the Staff Advisor, shall be conditions of approval unless otherwise modified herein.
Specifically, the cladding of the posts of the deck to 8 X 8 and the extension of the decking
beams to create a pergola to diminish the mass of the deck shall be shown on a building permit
addendum.
3) That prior to the issuance of a certificate of occupancy:
a) The landscaping and lawn area shall be returned to a similar condition prior to the site
disturbance for construction.
`V~ ~ l ~ ZP11~
Gill Mo ar, Director Date
Hep ment of Community Development
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PA #2013-00060
108 Second Streetladg
Page 3
PA-2013-00060 391 E09BA 9000 PA-2013-00060 391 E09BD 3900 PA-2013-00060 391 E09BA 9600
ALLEN DAVID S TRUSTEE ASHLAND LODGE #944/B P O E BROWN WILLARD L TRUSTEE
630 RAY LANE P O BOX 569 630 LEONARD ST
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2013-00060 391 E09BA 8400 PA-2013-00060 391 E09BA 9800 PA-2013-00060 391 E09BA 8500
BRUNSTON TRUSTEE ROBERT C CORNITIUS LLC ETIENNE ROBERT P TRUSTEE
26927 BELLFOUNTAIN RD 1355 CORA LN 143 THIRD ST
MONROE OR 97456 AUBURN CA 95603 ASHLAND OR 97520
PA-2013-00060 391 E09BA 9300 PA-2013-00060 391 E09BA 9100 PA-2013-00060 391 E09BA 9400
FIRST CHRISTIAN CHURCH FOUNTAIN STACY ET AL HARTEL DIANA
207 VISTA ST 134 N SECOND ST 159 N SECOND ST
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2013-00060 391 E09BA 8700 PA-2013-00060 391 E09BA 9500 PA-2013-00060 391 E09BA 9200
HOYT MICHAEL G TRUSTEE JORDAN CLAUDINE W K & S REAL INVESTMENTS LLC
285 SURREY DR 153 N SECOND ST 1005 WESTMOOR RD
JACKSONVILLE OR 97530 ASHLAND OR 97520 WINNETKA IL 60093
PA-2013-00060 391 E09BD 1800, PA-2013-00060 391 E09BA 8600 PA-2013-00060 391 E09BA 8800
LEMANNE DAWN TRUSTEE PATRICK HARLEY BEAUMONT PORTERA DAVID F/EGAN TRACY
435 GRANITE TRUSTEE ET AL 119 THIRD ST N
ASHLAND OR 97520 72 DEWEY ST ASHLAND OR 97520
ASHLAND OR 97520
PA-2013-00060 391 E09BD 4000 PA-2013-00060 391 E09BD 1801 PA-2013-00060 391 E09BA 9700
PROVOST PROPERTIES LLC RANDOLPH HAYS LLC SCHULTZ & ASSOCIATES INC
6431 ADAMS RD P O BOX 1220 PO BOX 863
TALENT OR 97540 MEDFORD OR 97501 ASHLAND OR 97520 ~
. I
PA-2013-00060 301 E09BA 8900 PA-2013=00060 391 E09BD 3800 PA-2013-00060 391 E0913D 2100
SECOND SPRING PROPERTY TRINITY PARISH/ASHLAND VAN VLEET & ASSOCIATES INC
-108 SECOND ST 44 N SECOND ST 375 LITHIA WAY
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
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21
108 Second St
2.20.13
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HISTORIC COMMISSION
Meeting ® February 1
PLANNING APPLICATION VI
PLANNING ACTION: 2013-00060
SUBJECT PROPERTY: 108 Second Street
APPLICANT: Second Spring Property LLC / Dudley Rood
DESCRIPTION: A request for a modification to an existing 1987 Conditional Use Permit for
exterior modifications to an existing structure for the property located at 108 Second Street.
The application includes a Solar Access Waiver to shade the property to the north more than
permitted by code. The property to the north at 120 N Second Street has agreed to the
additional shading. COMPREHENSIVE PLAN DESIGNATION: Low Density Multiple Family
Residential; ZONING: R-2;
ASSESSOR'S MAP: 39 1 E 09BA TAX LOT: 8900
Recommendation to Planning Commission:
Recommend approved of the proposed plans with the following design recommendations:
1) That the posts of the rear deck shall be clad to 8 x 8 or to match the girth of the existing
posts on the front porch.
2) The floor beams of the rear deck shall be extended to create an arbor or pergola on which
vine plants could be supported to soften the posts and reduce their mass and visibility.
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Department of Community Development Tel: 541488-5305
20 East Main St. Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
\ Planning Department, 51 WinL..,tl Way, Ashland, Oregon 97520 CITY F
L
541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 i ~~I
NOTICE OF APPLICATION - CORRECTED NOTICE
PLANNING ACTION: 2013-00060
SUBJECT PROPERTY: 108 Second Street
APPLICANT: Second Spring Property LLC / Dudley Rood
DESCRIPTION: A request for a modification to an existing 1987 Conditional Use Permit for exterior
modifications to an existing structure for the property located at 108 Second Street. The application includes a Solar
Access Waiver to shade the property to the north more than permitted by code. The property to the north at 120 N
Second Street has agreed to the additional shading. COMPREHENSIVE PLAN DESIGNATION: Low Density
Multiple Family Residential; ZONING: R-2; ASSESSOR'S MAP: 391 E 09BA TAX LOT: 8900
NOTE: The Ashland Historic Commission will also review this Planning Action on Wednesday, February 6, 2013 at 6:00 PM in
the Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way.
NOTICE OF COMPLETE APPLICATION: January 29, 2013
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: February 12, 2013
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0 1530 60 Feet
The Ashland Planning Division Staff has received a complete application for the property noted above.
Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn
Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above.
Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a
notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the
comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the
application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning
Division Staffs decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC
18.108.040)
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this
application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of
appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your
right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with
sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court.
A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be
provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services
Building, 51 Winburn Way, Ashland, Oregon 97520,
if you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305.
GAcomm-dev\planning\Planning Actions\Noticing Folder\Mailed Notices & Signs\2013\PA-2013-00060.docx
i
PA-2013-00060 391 E09BA 9000 PA-2013-00060 391 E09BD 3900 PA-2013-00060 391 E09BA 9600
ALLEN DAVID S TRUSTEE ASHLAND LODGE #944/B P 0 E BROWN WILLARD L TRUSTEE
630 RAY LANE P 0 BOX 569 630 LEONARD ST
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2013-00060 391 E09BA 8400 PA-2013-00060 391 E09BA 9800 PA-2013-00060 391 E09BA 8500
BRUNSTON TRUSTEE ROBERT C CORNITIUS LLC ETIENNE ROBERT P TRUSTEE
26927 BELLFOUNTAIN RD 1355 CORA LN 143 THIRD ST
MONROE OR 97456 AUBURN CA 95603 ASHLAND OR 97520'
PA-2013-00060 391 E09BA 9300 PA-2013-00060 391 E09BA 9100 PA-2013-00060 391 E09BA 9400
FIRST CHRISTIAN CHURCH FOUNTAIN STACY ET AL HARTEL DIANA
207 VISTA ST 134 N SECOND ST 159 N SECOND ST
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
i
PA-2013-00060 391 E09BA 8700 PA-2013-00060 391 E09BA 9500 ,PA-2013-00060 391 E09BA 9200
HOYT MICHAEL G TRUSTEE JORDAN CLAUDINE W K & S REAL INVESTMENTS LLC
285 SURREY DR 153 N SECOND ST 1005 WESTMOOR RD
JACKSONVILLE OR 97530 ASHLAND OR 97520 WINNETKA IL 60093
PA-2013-00060 391 E09BD 1800 PA-2013-00060 391 E09BA 8600 PA-2013-00060 391 E09BA 8800
LEMANNE DAWN TRUSTEE PATRICK HARLEY BEAUMONT PORTERA DAVID F/EGAN TRACY
435 GRANITE TRUSTEE ET AL 119 THIRD ST N
ASHLAND OR 97520 72 DEWEY ST ASHLAND OR 97520
ASHLAND OR 97520
PA-2013-00060 391 E09BD 4000 PA-2013-00060 391 E09BD 1801 PA-2013-00060 391 E09BA 9700
PROVOST PROPERTIES LLC RANDOLPH HAYS LLC SCHULTZ & ASSOCIATES INC
6431 ADAMS RD P 0 BOX 1220 PO BOX 863
TALENT OR 97540 MEDFORD OR 97501 ASHLAND OR 97520
PA-2013-00060 391 E09BA 8900 PA-2013-00060 391 E09BD 3800 PA-2013-00060 391 E09BD 2100
SECOND SPRING PROPERTY TRINITY PARISH/ASHLAND VAN VLEET & ASSOCIATES INC
108 SECOND ST- 44 N SECOND ST 375 LITHIA WAY
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
21
108 Second St
1-29-3013
Corrected Notice 1-30-2013.
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- Planning Department, 51 Winbu... Ray, Ashland, Oregon 97520 CITY F
541-488-5305 Fax: 541-552-2050 www.ashland.orms TTY; 1-800-735-2900 ASHLAND
NOTICE OF APPLICATION
PLANNING ACTION: 2013-00060
SUBJECT PROPERTY: 108 Second Street
APPLICANT: Second Spring Property LLC / Dudley Rood
DESCRIPTION: A request for a modification to an existing 1987 Conditional Use Permit for exterior
modifications to an existing structure for the property located at 108 Second Street. The application includes a Solar
Access Waiver to shade the property to the north more than permitted by code, The property to the north at 120 N
Second Street has agreed to the additional shading. COMPREHENSIVE PLAN DESIGNATION: Low Density
Multiple Family Residential; ZONING: R-2; ASSESSOR'S MAP: 39 1 E 09BA TAX LOT: 8900
NOTICE OF COMPLETE APPLICATION: January 29, 2013
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: February 12, 2013
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The Ashland Planning Division Staff has received a complete application for the property noted above.
Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn
Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above.
Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a
notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the
comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the
application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning
Division Staff's decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC
18.108.040)
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this
application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of
appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your
right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with
sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court.
A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be
provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services
Building, 51 Winburn Way, Ashland, Oregon 97520.
If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305.
i
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ALLEN DAVID S TRUSTEE ASHLAND LODGE #944/B P O E BROWN WILLARD L TRUSTEE
630 RAY LANE P O BOX 569 630 LEONARD ST
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2013-00060 391 E09BA 8400 PA-2013-00060 391 E09BA 9800 'PA-2013-00060 391 E09BA 8500
BRUNSTON TRUSTEE ROBERT C CORNITIUS LLC ETIENNE ROBERT P TRUSTEE
26927 BELLFOUNTAIN RD 1355 CORA LN 1 143 THIRD ST
MONROE OR 97456 AUBURN CA 95603 ASHLAND OR 97520
PA-2013-00060 391 E09BA 9300 PA-2013-00060 391 E09BA 9100 PA-2013-00060 391 E09BA 9400
FIRST CHRISTIAN CHURCH FOUNTAIN STACY ET AL HARTEL DIANA
207 VISTA ST, 134 N SECOND ST 159 N SECOND ST
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2013-00060 391 E09BA 8700 PA-2013-00060 391 E09BA 9500 PA-2013-00060 391 E09BA 9200
HOYT MICHAEL G TRUSTEE JORDAN CLAUDINE W K & S REAL INVESTMENTS LLC,
285 SURREY DR 153 N SECOND ST 1005 WESTMOOR RD
JACKSONVILLE OR 97530 ASHLAND OR 97520 WINNETKA IL 60093
PA-2013-00060 391 E09BD 1800 PA-2013-00060 391 E09BA 8600 PA-2013-00060 391 E09BA 8800
LEMANNE DAWN TRUSTEE PATRICK HARLEY BEAUMONT PORTERA DAVID F/EGAN TRACY
435 GRANITE TRUSTEE ET AL 119 THIRD ST N
ASHLAND OR 97520 72 DEWEY ST ASHLAND OR 97520
ASHLAND OR 97520
PA-2013-00060 391 E09BD 4000 PA-2013-00060 391 E09BD 1801 PA-2013-00060 391 E09BA 9700
PROVOST PROPERTIES LLC RANDOLPH HAYS LLC SCHULTZ & ASSOCIATES INC
6431 ADAMS RD P O BOX 1220 PO BOX 863
TALENT OR 97540 MEDFORD OR 97501 ASHLAND OR 97520
PA-2013-00060 391 E09BA 8900 PA-2013-00060 391 E09BD 3800 PA-2013-00060 391 E09BD 2100
SECOND SPRING PROPERTY TRINITY PARISH/ASHLAND VAN VLEET & ASSOCIATES INC
108 SECOND ST 44 N SECOND ST 375 LITHIA WAY
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
27
108,Second St
1-29-3013 j
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AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Jackson )
The undersigned being first duly sworn states that:
1. I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On January 29, 2013 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 #2013-00060, 108 Second St.
Signature of Employee
G:Icomm-devlplanninglTemplateslTEMPLATE_Afidavit of Mailing-Planning Action Notlce.dot 1128/2013
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NPS Form 10-900-A OMB Approval No. 1024-0018 (8-86)
United States Department of the Interior
National Park Service
National Register Historic
Continuation
Amended-March 2002
Section Number: 7 Page: 45 Ashland Railroad Addition Historic District, Ashland, OR
ID# 134.0 Survey #204
SILSBY, COLONEL WILLIAM H. HOUSE 1896
111 THIRD ST N 391E09BA 8800
Eclectic Styles: Queen Anne Historic Contributing INR Listedl
This elaborate two-story wood-frame dwelling in the Queen Anne style was completed in 1896
for Judge Thomas J. Howell who had purchased the structure already under construction from E.
E. Witte. Howell sold the property to William Silsby by November of that year and the Ashland
Tidings reported "Thomas Howell finished it up in handsome style and made it one of the
attractive residences of Ashland, disposing of it last week to "Mr. Silsby." Retired, Colonel
William Silsby moved to Ashland from Pennsylvania and invested in fruit orchards. After his
death in 1901 his widow Helen remained in the house until 1920 when she sold it to J. M.
Casebeer. By 1948 the house was in multiple-family use and by 1964 offered four apartments
according to city directories. Thoroughly renovated for use as professional office space, the
Silsby House was listed on the NRHP in 1984 and is now used as a bed and breakfast.
]D# 135.0 Survev #205
DANFORD, BEECHER AND KATIE HOUSE 1920c
108 SECOND ST N 391E09BA 8900
Builder: Danford, Beecher
Arts & Crafts: Craftsman Bungalow Historic Contributing
This one and one-half story bungalow dwellings prominently sited at the corner of Second and
C streets, near the southern edge of the District. Built circa 1920 following demolition of an
earlier structure, the original owner and builder was Beecher Danford and his wife Katie Grubb
Danford. The family remained in this location until after WWII. By 1964 the house was in use
as multiple family residential, with at least two units. In the late 1980s the Beecher and Katie
Danford House was restored by local contractor Rod Reid for use as professional office space.
The Beecher and Katie Danford House retains high integrity and effectively relates its historic
period of development.
ID# 136.0 Survey #206
HICKS, MARGARET HOUSE 1901
120 SECOND ST N 391E09BA 9000
Other: Vernacular Historic Contributing
An ell-shaped vernacular cottage, the one-story wood-framed Margaret Hicks House was built in
1901. The Ashland Tidings noted at the time that "Mrs. M. L. Hicks will soon begin
construction of a home on Second Street." (Tidings, 29-A r-1901, 3:3) Used as a rental, Hicks'
family retained ownership after her death in 1908 and finally sold the property to James W.
Wiley in October 1914. By 1948 the house had become a multiple-family residence, with four
tenants shown living here in city directories. Somewhat altered, with replacement windows and
asbestos siding, the Hicks House was completely rehabilitated for professional office use by in
1991. New double-hung sash and narrow horizontal siding were installed and a large front
porch was created. While the renovation is not entirely historically-based, the Hicks House
retains sufficient integrity to relate its historic period of development.
ID# 137.0 Survey #207
ALWINE, ALVIN HOUSE 1947c
136 SECOND ST 391E09BA 9100
Arts & Crafts: Bungalow Historic Contributing
This small bungalow was constructed sometime after 1928, according to Sanborn Fire Insurance
Maps, and probably dates from 1947 when the lot was sold to Alvin Alwine. (JCD 286:395)
City directories for 1948 show Alwine living here and he retained ownership until his death in
the late 1980s. f
Second Spring Property LLC \ Dudley Rood
108 N 2nd St. Ashland, OR 97520
Tel - 970 274-0070
dudleyroodggmail. com
FINDINGS - MODIFICATION TO EXISTING USE PERMIT -108 N 2nd St
An existing Conditional Use Permit is in place for this property from 1987 (PA87-150), which
converted a three unit residential unit into a single attic apartment above two office suites.The building
is a 1400sf bungalow with limited attic living space, circa 1920. The purpose of these findings is to
validate exterior modifications to the attic apartment only as there are no other exterior changes or uses
to the building, which would require a `Type V planning action. Nor will the site uses and parking at the
rear of the building be modified in the renovation of the dwelling.
Therefore:
A. The use is in conformance with all standards of the R2 Zoning in the Railroad District and as by
Conditional Use permit PA87-150.
B. Currently there are 5 parking spaces available within the property boundaries at the rear alley
entrance to the building. These will be maintained. There are also 7 parking spaces available for
the building on the abutting curbsides of both 2nd and C streets. There are existing sidewalks
abutting the property on both 2°d and C streets, which will not be affected. The capacity for and
improvement of utilities is currently underway for this property with the removal of any
overhead lines, and the burial and upgrading of all electrical, telephone, cable and gas utilities to
the house. This will also enhance the historic character of the building.
C. There should be no adverse effect on the livability of the neighborhood by the proposed changes
except to the North neighboring Lot 9000, which is addressed in the solar variance associated
with this planning action and signed by the adjacent property owner. Also, the immediate
neighborhood is already an established mixed use area of office, commercial and residential
rental units.
1. The proposed additions are within the scale of the existing dwelling.
2. NA
3. The proposed additions are compatible and will be finished to match the existing exterior of the
house.Although a second story deck is not typical for this period home, the use of shingles, band
board and colors to match existing materials and lines will help minimize attention to it. We will
also clad the posts to an 8x8 dimension to match the front porch posts of the house.Nor are
French doors typical for 2nd floor on this period home. However, they enhancethe light and
livability for the apartment bedroom and replace what would have to be large casement windows
to meet code for fire egress. This deck is also apparent at the least visible part of the house.
4. NA
5. NA
6. NA
7. I believe the following factors should also be included for consideration in this proposal:
This will be a major rehabilitation of a bungalow style home in a high profile location on the edge of
the railroad and commercial district. When it is completed, the home will be updated to the 21 st
century with insulation, new insulated windows, roof, paint, completely new electrical wiring and
service, mechanical systems and plumbing and waste. An extensive water mitigation project in the
crawl space has also been completed to improve livability and longevity to the structure. When
finished, this renovation will improve and enhance this corner lot in the city for decades. The
intention is to create a primary residence in the attic, sosubstantial time, effort and resources are
being given to make adequate use of limited floor space and very limited headroom to create
adesirable 1 BR apartment, preserve the architectural integrity of the dwelling and adhere to
guidelines of the historic district.
Second Spring Property LLC \ Dudley Rood
108 N 2nd St. Ashland, OR 97520
Tel - 970 274-0070
SOLAR WAIVER STATEMENT and FINDINGS
B Variance
lb.
This solar waiver applies only to the existing buildings on lots 8900 and 9000, designated on tax lot
map 391E0913A, City of Ashland. This waiver applies only to the roof dormer on the North side of
existing home on Lot 8900
le.
The City of Ashland is held harmless for any damages resulting from the agreement of this waiver.
2
The variance does not preclude the reasonable use of solar energy on Lot 9000 by future buildings, as
Lot 9000 already has maximum structures permitted for density in the R2 historic district.
This variance would not affect the solar access for the addition of solar panels, nor for the addition of
a 2nd floor on the existing structure on Lot 9000, as the increased shadow proposed in this variance
will not reach the roof drip edge on that existing home.
The structure on Lot 8900 was built in 1920 with a 3ft set back from the Northern property edge with
Lot 8900. Currently the shadow cast by existing dormer on structure of Lot 9000 is above the
windows on noon 12\21. The owner of Lot 9000 does not believe that the added 12" height to this
dormer will add further detriment to his property.
However adding 12" to the height of the existing dormer on Lot 8900 will allow raising the rafter
plate height from 71" to approx. 82" and allow a more usable space in this dormer for the bathroom.
Currently the dwelling on Lot 8900 has a conditional use permit for offices on the 1St floor and a
residence on the 2"d floor. The 2nd floor is essentially attic space with less than 500sf above 7' head
height. I would like to remodel this level for my own residence, so this small allowance in height
adds greatly to it's value.
i
The variance does not diminish any substantial solar access, which benefits a habitable structure on
any adjacent lots, as the building on Lot 8900 is too far from them to cast a shadow except what
would be typical at dawn or dusk
i
Dudley Rood Date l~
CITY Of
ASHLAND
Community Development - Planning Department
20 East Main Street, Ashland, OR 97520
Phone 541-488-5303 Fax 541-488-6006-
SOLAR WAIVER AGREEMENT
Planning Action For County Use
Address of Property Requesting Solar Waiver 20A cosy
Tax Lot # of Property Requesting Solar Waiver ®
Address of Property Agreeing to Solar Waiver J Z Q -A3b SST
Legal Description of Property Agreeing to Solar Waiver (Attach, if necessary) 412 9-n
The undersigned, for themselves, their heirs, successors and assigns, consent to permit obstruction of their solar access
rights described in Chapter 18.70 of the Ashland Municipal Code on that portion of property in Township 39, Range 1 East,
Section 02 Tax Lot # further described by legal description in the attached Exhibit "A".
The undersigned certify and agree to the following:
1. This agreement shall be binding upon their heirs, successors and assigns and shall run with the land.
2. The undersigned are the owners of the property described on Exhibit-"A".
3. This waiver applies only to the specific building(s) noted in the attached Exhibit "B"; and to the shadow(s) cast by
such building(s) as noted in Exhibit "B".
4. The solar access rights described in Chapter 18.70 of the Ashland Municipal Code are waived only for that
buildable space shown on Exhibit "B° and the City of Ashland is indemnified and shall be held harmless for any
damages resulting to any person or property resulting from this waiver.
5. The consideration for this agreement is $1,00 and. other good and valuable consideration, the receipt of which is
acknowledged by the undersigned.
Property Owner(s) Agreeing to I r r ~i Y j~oc>~ i1 Illy
Signature Derte tom/ 1l,'5 Signature Date
State of Oregon )
County of Jackson )
On this day of J~?i/d r~ 20_~, before me personally appeared, ICJ,.( 0ro(n 00a t) Oa ✓r `y ./111 e n,
whose identity was proven to me on the basis of satisfactory evidence to be the person(s) whose n me(s) is (are) subscribed to this instrument, and
acknowledged that he (she) (they) executed the same.
? ~?C~ ~ 9 1 ~
0 OFFICIAL SEAL Notaryblic for Oregon Commission Expiration Date
CAROLYN M,ARIENE SCHW
NOTARY PUBLIC-O. ~
COMMISSION NO. 436232
Approved by City of Ashland Planning Staff Date
EXHIBIT A
Legal Description of Granting Property
Tax Lot 9000, Map 391E09BA
Lots 19,20 - Block M of Railroad Addition
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JAN 1 6 2010
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/----DORM RAISED TO 2 IN 12
EXI N 12 DORMER
APP OXIMATE PERMISSIBLE SOLAR LINE
DECE BER 21 NOON GROUND SHADOW
24 DE REE SOLAR ANGLE
w w
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LINE OF ETBACKS
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CALCULATIONS BASED ON:
1. SOLAR ANGLE OF 24 DEGREES (DEC 21)
2. GOUND SLOPE OF -0.05 % BASED ON CITY CONOURS
EXTENDING FROM CENTERLINE OF PROPERTY TO
150' TO THE SOUTH
3. GROUND SHADOW CAST FROM RIDGE. (7 IN 12 PITCH
4 GROUND SHADOW CAST FROM EXISTING DORMER (3 1/2 IN 12 PITCH)
5 GROUND SHADOW CAST FROM REVISED DORMER (2 IN 12 PITCH)
JAN 1 6 2013
I
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SCALE: 1"=30' SOLAR ACCESS WAIVER PLOT PLAN
DRAWN: BILL EMERY REQUESTING PROPERTY: 108 SECOND ST 391 E09BA '8900
01-13-2013
GRANTING PROPERTY: 120 SECOND ST
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J k ZONING MIT APPLICATION
Planning Division
CITY Of 51 Winburn Way, Ashland OR 97520
541-488-5305 Fax 541-488-6006 FILE
ASHLAND
DESCRIPTION OF PROJECT °r
DESCRIPTION OF PROPERTY Pursuing LEED® Certification? ❑ YES ❑ NO
Street Address N VT
Assessor's Map No. 391E Tax Lot(s)
Zoning Comp Plan Designation
APPLICANT
Name LLN 41_::~ Phone 97b 27+ - o® 76 E-Mail doj (eu r' CJ6 rr a i I Co a)
Address /®p City A3ttLA,62~ n'j~ Zip °f715:~._®
PROPERTY OWNER
Name Phone E-Mail
Address City Zip
SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER
Title Name All- 6114_Zy Phone. 5f1 914-8917 E-Mail
Address 2 t6;- G~ Z Z4-1 R/ VC City. Z9z__4_1kAiA Zip l
Title Name Phone E-Mail
Address City Zip
i
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. 1 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. 1 further understand that if this request is subsequently contested, the burden will be on me to
establish:
1) that 1 produced sufficient factual evidence at the hearing to support this request,
2) that the findings of fact furnished justifies the granting of the request;
3) that the findings of fact furnished by me are adequate; and further
4) that all structures or improvements are properly located on the ground.
[
Failure in this regard Wi 1 result osf 1' ely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to
be removed at my ex e If 1 ha a y doubts, I am advised to seek competent professional advice and assistance.
tom/
Applicant's Signatu Date
As owner of the r err i olved ' p this request, I have read and understood the complete application and its consequences to me as a Y property
owner,
a~li~
Property Owner's ignature (required) Date
[To be completed by City Staff
Date Received Zoning Permit Type Filing Fee $
OVER 0
GAcomm-dev\planning\Foms & Handouts\Zoning Permit Application.doc
Job Address: 108 N SECOND AVE Contractor:
ASHLAND OR 97520 Address:
C
A Owner's Name: SECOND SPRING PROPERTY LLC 0 Phone:
N State Lic No:
~ Customer 07123
P SECOND SPRING PROPERTY LLC T City Lic No:
Applicant: 108 N SECOND AVE R
Address: ASHLAND OR 97520 A
C C Sub-Contractor:
A Phone: (970) 274-0070 T Address:
N Applied: 01/16/2013 0
T Issued:
Expires: 07/15/2013 R Phone:
State Lic No:
Maplot: 391 E09BA8900 City Lic No:
DESCRIPTION:
VALUATION
Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description
Total for Valuation:
MECHANICAL 1
ELECTRICAL
E_~ STRUCTURAL
PERMIT FEE DETAIL
Fee Description Amount Fee Description Amount
Solar Setback Variance 982.00
CONDITIONS OF APPROVAL
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
1
CTY OF
Inspection Request Line: 541-552-2080
SHLAND