HomeMy WebLinkAboutLiberty_564_PA-2012-01097
CITY OF
December 28, 2012 -ASHLAND
Shane Smith
564 Liberty St
Ashland, OR 97520
RE: Planning Action #2012-01097
Notice of Final Decision
On December 27, 2012, the Staff Advisor for the Ashland Planning Division administratively approved
your request for the following:
PLANNING ACTION: PA-2012-01097
SUBJECT PROPERTY: 564 Liberty St
APPLICANT: Shane Smith / Laurel Merchant
DESCRIPTION: A request for a Conditional Use Permit Modification to a previously approved
Accessory Residential Unit located in the rear yard of 564 Liberty Street. The proposed unit will have a
smaller footprint than the previous approval; be setback ten feet from the rear property line and six feet
from the south property line. The application also maintains one parking space off the alley.
COMPREHENSIVE PLAN DESIGNATION: Single-family Residential; ZONING: R-1-7.5,-
ASSESSOR'S MAP: 39 lE 16AA; TAX LOT: 6600
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
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: Laurel Merchant
Parties of record and property owners within 200 ft
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305
51 Winbum Way Fax; 541-552-2050
Ashland, Oregon 97520 TTY; 800-735-2900 `
www.ashland,or.us ~
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: PA-2012-01097
SUBJECT PROPERTY: 564 Liberty St.
APPLICANT: Shane Smith / Laurel Merchant
DESCRIPTION: A'request for a Conditional Use Permit Modification to a previously
approved Accessory Residential Unit located in the rear yard of 564 Liberty Street. The proposed
unit will have a smaller footprint than the previous approval; be setback ten feet from the rear
property line and six feet from the south property line. The application also maintains one
parking space off the alley.
COMPREHENSIVE PLAN DESIGNATION: Single-family Residential; ZONING: R-1-7.5;
ASSESSOR'S MAP: 39 lE 16AA; TAX LOT: 6600
SUBMITTAL DATE: November 19, 2012
DEEMED COMPLETE DATE: December 5, 2012
STAFF APPROVAL DATE: December 27, 2012
APPEAL DEADLINE: January 10, 2013
FINAL DECISION DATE: January 11, 2013
APPROVAL EXPIRATION DATE: January 11, 2014
DECISION
The subject parcel is located on the east side of Liberty Street, 140 feet south of the Ashland
Street intersection. The parcel and immediate surrounding uses are zoned R-1-7.5, Single-Family
Residential. The property is 10,150 square feet, moderately covered in trees, and has an average
downward slope of approximately 12 percent to the northeast. A 2,026 square foot single-family
home currently fronts onto Liberty Street.
This application modifies the previous Conditional Use Permit approval (PA-2012-00348) for'an
Accessory Residential Unit (ARU) with a loft located in the rear yard. The applicant would like
to better utilize their lot by repositioning the unit from nine feet to six feet on the south side yard,
and to ten feet from the rear property line for a one-story structure.
The modified unit will have 464 square feet of gross habitable floor area and utilize the same
materials as the previous approval; composite horizontal siding painted earth tones, and a forest
green metal roof to blend in with the natural surroundings. The structure will have an 8.5/12
pitched roof with two-foot eaves and two small dormers located on the east side. The unit is
located on the south portion of the lot, with the shade producing point being the northern dormer
eave. The applicant provided solar calculations that exceeds the solar setback requirement for a
Standard B lot. The unit will meet all setback requirements of the zone,. and lot coverage
following development will be approximately 2,600 square feet, or 26 percent, thus complying
with setback and lot coverage requirements. Staff finds that with the varying housing types in the
diverse neighborhood, the relocated unit will blend well into the surrounding environment and be
compatible with the neighborhood.
PA #2012-01097
564 Liberty/MP
Page 1
Because the proposed unit is less than 500 square feet, the proposed parking space off the alley
remains. The re-grading of the alley from Ashland Street through the proposed parking space,
completed at the time of Certificate of Occupancy, also remains in effect.
In Staff's opinion, the proposed accessory residential unit will have no greater adverse affect on
the livability of the neighborhood than the target use of the property. Therefore, with the added
conditions below, staff finds that the proposed unit would be in conformance with the standards
of the R-1-7.5 zone, the minimum requirements of the Conditional Use and Site Review chapter
of the Ashland Municipal Code.
The criteria for a Conditional Use approval are described in AMC Chapter 18.72.070, 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.
8. 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:
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 criteria for an Accessory Residential Unit are described in AMC Chapter 18.20.030.H,
as follows:
H. Accessory residential units, subject to the Type I procedure and criteria, and the following additional
criteria:
1. The proposal must conform with the overall maximum lot coverage and setback requirements of
the underlying zone.
2. The maximum number of dwelling units shall not exceed 2 per lot.
3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not
exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq. ft.
GHFA. .
4. Additional parking shall be in conformance with the off-street Parking provisions for single-family
dwellings of this Title.
The application with the attached conditions complies with all applicable City ordinances.
PA #2012-01097
564 Liberty/MP
Page 2
Planning Action 2012-00348 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 201200348 is denied. The following are the conditions and they are attached to
the approval:
1) That all conditions of Planning Action P-2012-00348 are still valid unless otherwise
modified herein.
2) That all proposals of the applicant shall be conditions of approval unless otherwise modified
here.
3) That the applicant sign in favor of a Local Improvement District (LID) for Liberty Street to
install sidewalks and improvements to the alley before the issuance of a building permit.
4) That vehicles are not to impede access to and from the alley, and that construction materials
be dropped off to the site or delivered via adjacent rights-of-way.
5) That any new or proposed fencing obtain a separate fence permit in accordance with
18.68.010
6) That building permit submittals shall include:
a) That the requirements relating to fire hydrant distance, fire flow and fire apparatus access
shall be satisfactorily addressed in the building permit plan submittals for review and
approval of the Building Official.
b) That all necessary building permits, including permits for the new electrical service to the
accessory residential unit, and system development charges for water, sewer, storm
water, parks, and transportation shall be paid prior to the issuance of a building permit.
c) Exterior lighting details demonstrating that the lights are appropriately shrouded, so there
is no direct illumination of adjacent properties.
d) The parking space shall be located 8 feet from the north property line, and terminating a
minimum of 24 feet from the rear property line,
e) A shared trash and recycling enclosure be identified on building permit submittals and
installed in accordance with screening standards of the Site Design and Use Standards.
f) Bicycle parking also be shown on the plans.
g) The proposed storm drainage improvements shall be submitted for review and approval
to the City of Ashland Engineering Department. All construction within the public right
of way require a separate Public Works permit which will be required before any work in
the right of way begins.
h) That a six-foot chain link fence to be installed around the construction side of the Pine
tree adjacent to the alley and inspected before construction commences. No construction
shall occur within the tree protection zone including dumping or storage of materials such
as building supplies, soil, waste, equipment, or parked vehicles.
5) That prior to the issuance of a certificate of occupancy:
PA #2012-01097
564 Liberty/MP
Page 3
a) That a separate electric service and meter for the accessory residential unit shall be
installed in accordance with Ashland Electric Department requirements prior to issuance
of the certificate of occupancy.
b) That the alley surface be graded from Ashland Street through the proposed parking space,
constructed to standards on file in the office of the City Engineer.
c) All required parking areas are to be paved with concrete, asphaltic, pervious paving, or
comparable surfacing, constructed to standards on file in the office of the City Engineer.
d) That drought-tolerant landscaping will be installed along the north and south property
line as indicated on the plans.
e) That a separate address for the accessory residential units shall be applied for approved
by the City of Ashland Engineering Division.
f) Addressing shall meet the requirements of the Ashland Fire Department and be visible
from the Public Right-of-Way.
g) The shared trash and recycling enclosure be installed in accordance with screening
standards of the Site Design and Use Standards.
n~on r, Director Dat
nt of Community Development
PA #2012-01097
564 Liberty/MP
Page 4
PA-2012-01097 391 E16AA 6300 PA-2012-01097 391 E16AB 300 PA-2012-01097 391 E16AA 6100
BERNARD MATTHEW C EMMONS DANIEL R FELLOWS LATRINA B
TRUSTEE ET AL 80 BAUM ST 266 E BAYVIEW AVE
555 BEACH ST ASHLAND OR 97520 HOMER AK 99603
ASHLAND OR 97520
-PA-2012-01097 391 E 16AA 6200 PA-2012-01097 391 E 16AA 6500 PA-2012-01097 391 E 16AB 100
FOERDER ALAN H/LISA A FULGHUM-NUTTERS HOLLY GIBBS MARCIA HELEN
567 BEACH ST ELIZABETH 227 S BRANICIFORTE
ASHLAND OR 97520 519 JOHNSON AVE SANTA CRUZ CA 95062
PACIFICA CA 94044
PA-2012-01097 391 E16AA 6501 PA-2012-01097 391 E16AB 2800 PA-2012-01097 391 E09DC 12300
GROSSMANN CRAIG S/SUZANNE HALL NANCY H TRUSTEE ET AL HARMON E SUE TRUSTEE ET At
B 605 LIBERTY ST 519 LIBERTY ST
880 ASHLAND ST ASHLAND OR 97520 ASHLAND OR 97520
ASHLAND OR 97520
PA-2012-01097 391 E 16AA 6601 PA-2012-01097 391 E 16AB 1100 PA-2012-01097 391 E 16AB 1000
HART R PERRY/SYDNEY HEYDEN DAVID/BRENDA LEIER HOLTEY JUD A/SHEILA R
VOLPERT 801 FOREST ST 575 LIBERTY ST
576 LIBERTY ST ASHLAND OR 97520 ASHLAND OR 97520
ASHLAND OR 97520
PA-2012-01097.391 E16AB 200 PA-2012-01097 391 E09DD 3500 PA-2012-01097 391 E16AA 6700
KAIN JOHN R MANGELSDORF JAMES W/LURA MARTIN STEVEN E/STUART
3309 34TH AVE SW M PATRICIA G
SEATTLE WA 98126 520 LIBERTY ST 2361 NW LEMHIjDR
ASHLAND OR 97520 BEND OR 97701
PA-2012-01097 391 E16AA 6001 PA-2012-01097 391 E16AA 6701 PA-2012-01097 391 E16AA 6600
MATILDA TRUST ET AL MENKEN NANCY TRUSTEE FBO MERCHANT LAUREL FAMILY
303 WHISKY HILL RD 588 LIBERY ST TRUST
WOODSIDE CA 94062 ASHLAND OR 97520 1018 Hillcrest Dr
Cambria CA 93428
PA-2012-01097 391 E16AB 900 PA-2012-01097 391 E16AA 6400 PA-2012-01097
SOHL HERMINE L TRUSTEE FBO VAATVEIT ALLAN R Shane Smith
555 LIBERTY ST 906 ASHLAND ST 564 Liberty St
ASHLAND OR 97520 ASHLAND OR 97520 Ashland OR 97520
21
564'Liberty St
i
i
i
CITY OF
Planning Department, 51 Win4u,o Way, Ashland, Oregon 97520
f 541-488-5305 Fax: 541-5522050 www.ashland.or.us TTY: 1-800-735-2900 -ASHLAND
NOTICE OF APPLICATION
PLANNING ACTION: PA-2012=01097
SUBJECT PROPERTY: 564 Liberty St
APPLICANT: Shane Smith / Laurel Merchant
DESCRIPTION: A request for a Conditional Use Permit Modification to a previously approved
Accessory Residential Unit located in the rear yard of 564 Liberty Street. The proposed unit will have a
smaller footprint than the previous approval; be setback ten feet from the rear property line and six feet
from the south property line. The application also maintains one parking space off the alley.
COMPREHENSIVE PLAN DESIGNATION: Single-family Residential; ZONING: R-1.7.5; ASSESSOR'S MAP:
391E 16AA; TAX LOT: 6600 -
NOTICE OF COMPLETE APPLICATION: December 5, 2012
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: December 19, 2012
ASHLAND T
F
SUBJECT PROPERTY:
564 Liberty St.
39 1 E 16AA 6600
a !
MTTM I property lines are for r f ence o,dy, not scaleable
051020 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 Staff's decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC
18.108.040)
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this
application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of
appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your
right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with
sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court.
A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be
provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services
Building, 51 Winburn Way, Ashland, Oregon 97520.
If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305.
G:\comm-dev\planningTIanning Actions\Noticing FolderWailed Notices & Signs\2012\2012-01097.docx.
PA-2012-01097 391 E 16AA 6300 PA-2012-01097 391 E 16AB 300 PA-2012-01097 391 E 16AA 6100
BERNARD MATTHEW C EMMONS DANIEL R FELLOWS LATRINA B
TRUSTEE ET AL 80 BAUM ST 266 E BAYVIEW AVE
555 BEACH ST ASHLAND OR 97520 HOMER AK 99603
ASHLAND OR 97520
PA-2012-01097 391 E 16AA 6200 PA-2012-01097 391 E 16AA 6500 PA-2012-01097 391 E 16AB 100
FOERDER ALAN H/LISA A FULGHUM-NUTTERS HOLLY GIBBS MARCIA HELEN
567 BEACH ST ELIZABETH 227 S BRANICIFORTE
ASHLAND OR 97520 519 JOHNSON AVE SANTA CRUZ CA 95062
PACIFICA CA 94044
PA-2012-01097 391 E16AA 6501 PA-2012-01097 391 E16AB 2800 PA-2012-01097 391 F-09DC 12300
GROSSMANN CRAIG $/SUZANNE HALL NANCY H TRUSTEE ET AL HARMON E SUE TRUSTEE ET AL
B 605 LIBERTY ST 519 LIBERTY ST
880 ASHLAND ST ASHLAND OR 97520 ASHLAND OR 97520
ASHLAND OR 97520
PA-2012-01097 391 E 16AA 6601 PA-2012-01097 391 E 16AB 1100 PA-2012-01097 391 E 16AB 1000
HART R PERRY/SYDNEY HEYDEN DAVID/BRENDA LEIER HOLTEY JUD A/SHEILA R
VOLPERT 801 FOREST ST 575 LIBERTY ST
576 LIBERTY ST ASHLAND OR 97520 ASHLAND OR 97520
ASHLAND OR 97520
PA-2012-01097 391 E16AB 200 PA-2012-01097 391 E09DD 3500 PA-2012-01097 391 E16AA 6700
KAIN JOHN R MANGELSDORF JAMES W/LURA MARTIN STEVEN E/STUART
3309 34TH AVE SW M PATRICIA G
SEATTLE WA 98126 520 LIBERTY ST 2361 NW LEMHI DR
ASHLAND OR 97520 BEND OR 97701
PA-2012-01097 391 E16AA 6001 PA-2012-01097 391 E16AA 6701 PA-2012-01097 391 E16AA 6600
MATILDA TRUST ET AL MENKEN NANCY TRUSTEE FBO MERCHANT LAUREL FAMILY
303 WHISKY HILL RD 588 LIBERY ST TRUST
WOODSIDE CA 94062 ASHLAND OR 97520 1018 Hillcrest Dr
Cambria CA 93428
PA-2012-01097 391 E16AB 900 PA-2012-01097 391 E16AA 6400 PA-2012-01097
SOHL HERMINE L TRUSTEE FBO VAATVEIT ALLAN R Shane Smith
555 LIBERTY ST 906 ASHLAND ST 564 Liberty St.
ASHLAND OR 97520 ASHLAND OR 97520 Ashland OR 97520
21
564 Liberty St
I
I I i I ~ j ~ ' I ~ ! ! ! i ~ ! I I ! I I
, I I j { I I ~ ! ~ ~ I i i I
I I I I ~ I I I ~ i i ~I ii~ I I. ! i I I j i I ~1 I.
I I ~ I I I I ! ~ ~ I I ~ I~ ' I ~ I i I i ~ j I
I I I I I I ~ I I i ~I ~ I I~k!
I r
;
Ll ! ty1 I~ ~
. i I i.. I I I ! I I I i ~ i [ c 1 ~v '
' ~ I ' ~ I f ~ I I a I !
' 1 I _ I I
I 1. 1_ i f I I
I ! j I ; I I I i ~ ~ i
I - I j . __L I , i J . I I / _ i `~a _ .r I ~ I i
1
-41
j i
I i I ~ I i i I I I ~~"F
I I { I a- I ~ Y I I r I t I I~! k i
to
~ I
I
I I
I. I 3 ~ ' I
' I i I I I ~ I ~ ,
~ ~ ~ a i ! I I ~ I I
I j ~ ! ~ I I ! I ~ j I ! I ! i ! ~ i
~ 'I , I I I I ! ~ ~ I I ! I ! ~ t i j(
9
f ~ ~ I j ' I I ~ . ~ 1
I '
• I of ~ ~ i i i ! I ,I i I
i I
I~ y. I I I mo! I I I O I i
I ~ i X I I i I I ~ i ~ I~
I , I j i I~ ~ ~ I I I I
I! r , I I i
I ' ~tt ' I I I
r
a~ g:i C >
i
i
i
i
i
i
_.----f
y
~P✓=6/7 - -
3,-
f ~
1 /
s
j
GD,
I I
i
I
I
n
3
I
I
' '
1
~ I~ ~ ~ i
j ► ' ~ `
~ ' ~ ~
1 i ~
j ~ ~ I ~
I ~ ~
~ I
~ ~ , - -
i,
I i 1
# ~
i, j I~
~ ~ ;
~ ,
1 .1
i
b
m~
' ' j
I
~ ~ f I
~ i t ~ ~
I I
i 1 i r l
L
qr 1 i
O
I }
'I
e
Fx,
i a
1I
i
r'
tint ~
f'. ~y
r:.,
r
~ ~ 1, '
,v
r--- € ~ ~ ~ ~ ~ ~ ~ ~ C
~r F~,
~ tt
~
f~ F
? ~ r~~a I ~ 1.
1
i i \
6 C §
r'~
i, ~
- ~ ~
9 t.... E-.. - .a_ ~ i
y _
~y 7 ~ ~ r r. u
f ' 1 ~ ~
{ _ ?
`it ~ !
i ~
~ E f ' ~
- 4_ , . ,
f -
tJ
l ~
1.
f
Y~~~~
564 Liberty St.
Proposed Modification to Existing Conditional Use Permit
Application
I
The proposed ARU at 564 Liberty st. will be a one story, one bedroom 464
square foot structure with a loft, in conformance with R-1-7.5 zoning and positioned on
the rear of the property with alley access and will be a maximum of 14.5ft at the apex.
It will be setback 10ft. from the alley (east) and 6 ft. from neighbor to the south. It will
have a charming cottage appeal with two small "dormers" off the loft and will fit
perfectly into neighborhood of eclectic residences ranging from early 20th century to
modern construction. The one bedroom "cottage" plans are for one alley parking space
and therefore will have little impact in terms of traffic, pedestrians, bicycle or other.
The structure will be heated electrically with all electric utilities and energy efficient
windows to meet city conservation codes. It will be painted earth tones with concrete
composite horizontal lap siding and earth tone metal roof as to blend with the natural
i
surroundings and neighborhood and will be non polluting.
i
i
I
The following aspects of the proposed build plans have changed;
1) Rear setback changed to 10ft. due to new one story status
i
2) Reduction in footprint to 464 square feet, from two to one bedroom and height from
20 ft. to 14.5 ft.
i
1
Lot Coverage
The addition of the ARU and parking to 564 Liberty St. does not exceed overall
maximum lot coverage, conforms to all setbacks, including solar.
Landscaping/parking
Property currently has and will maintain at least 65% landscaping coverage and
will add landscaping on north property line next to single vehicle parking. Landscaping
will consist of hand watered drought tolerant plants not to exceed Eft. tall. Parking
space will be gravel to match alley access, bicycle parking will be located in the vehicle
parking area. There is only one bedroom, therefore only one parking space required
though additional parking is available on Liberty St. Space for recycling and trash will be
provided at end of driveway and will be placed in front of main house on Liberty St. for
collection.
Access and Lighting
Access to ARU will be at east end of property, from Ashland st. up the alley
i
between Liberty st. and Beach st. to parking on right which is to the north of the
proposed structure. Exterior lighting will consist of motion sensor light mounted at
front door.
I
Trees
i
There is one native tree, a conifer/pine, located within 8ft. of the construction
area which will be protected by 6ft. chain link fencing and an arborist will be on site to
evaluate protection of roots and branches. The ARU is oriented to the alley way and the
main house on Liberty St. already meets the 30ft. street trees requirment.
In accordance with zoning and city departments there is adequete capacity of city
facilities for water, sewer, access, electricity, drainage and trasnsportation.
i
2
i
Electrical
Electrical transformer will be located on main house at the southwest corner.
Water
Water main access is on Liberty st.
Drainage
Storm drainage for the unit will feed directly into the culvert storm drain that is
pre existing and feeds underground in the alley way.
Sewer
Sewer will connect either at Liberty St. or down the alley way at Ashland St.
Natural Gas
There is an existing natural gas line easment from alley way to the main house
which will be flagged before any construction or site alteration.
Fire
The entire length of the legal lot at 564 Liberty St. is 145ft. with an additional
9ft. Liberty St. easment east from the curb. Therefore the 10ft. structure setback from
east property line (alley) keeps the furthest point from the curb under 150ft. and
should not require a sprinkler system per Ashland Fire code.
i
3
i
a
CITY T
ASHLAND
Community Development - Planning Department
20 East Main Street, Ashland, OR 97520
Phone 541-488-5303 Fax 541-488-6006
REQUEST FOR EXTENSION THE 120 ® Y TIME LIMIT
FOR A FINAL TI
Planning Action: PA-2012-01097
Property Address: 564 Liberty St.
Map &Tax Lot # of Property: 39 1 E 16AA Lot # 6600
Description of Planning Action:
PLANNING ACTION: PA-2012-01097
SUBJECT PROPERTY: 564 Liberty St
APPLICANT: Shane Smith / Laurel Merchant
DESCRIPTION: A request for a Conditional Use Permit Modification to a previously
approved Accessory Residential Unit located in the rear yard of 564 Liberty Street. The proposed
two-story unit will have a smaller footprint than the previous approval, but will be setback 20 feet
from the alley and 6 feet from the south property line. The application also maintains one parking
space off the alley, while the additional parking space will be an on-street credit on Liberty Street.
COMPREHENSIVE PLAN DESIGNATION: Single-family Residential; ZONING: R-1-7.5;
ASSESSOR'S MAP: 39 lE 16AA; TAX LOT: 6600
Property Owner(s): Laurel Merchant
Owner Address: 564 Liberty St.
Owner Phone Number:
K_ 2 ~3'f a
Contact Name & Phone # (If other than owner): Shane Smith. 541-525-4622x." €
r _
ORS 227.178(5) provides that the "120-day period set in subsection (1) of this section may
be extended for a specified period of time at the written request of the applicant. The total of
all extensions may not exceed 245 days."
Applicants request a 60 day extension to the time limit set forth in ORS 227.178(1).
Signature _ Date s._
Signature Date
Received by City of Ashland Planning Staff
G9wmm-devtp1anningtPlanning ActionsWAs by StreetUA.ibertyLLibedy_564Wberty_564_Request for extension_Template.d= 9/21/2012
Planning Department, 51 WinL_ Way, Ashland, Oregon 97520 C I T Y F
541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 S T-~
NOTICE OF APPLICATION
PLANNING ACTION: PA-2012.01097
SUBJECT PROPERTY: 564 Liberty St
APPLICANT: Shane Smith / Laurel Merchant
DESCRIPTION: A request for a Conditional Use Permit Modification to a previously approved Accessory
Residential Unit located in the rear yard of 564 Liberty Street. The proposed two-story unit will have a
smaller footprint than the previous approval, but will be setback 20 feet from the alley and. 6 feet from the
south property line. The application also maintains one parking space off the alley, while the additional
parking space will be an on-street credit on Liberty Street.
COMPREHENSIVE PLAN DESIGNATION: Single-family Residential; ZONING: R-1.7.5; ASSESSOR'S MAP:
391E 16AA; TAX LOT: 6600
NOTICE OF COMPLETE APPLICATION: August 8, 2012
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: August 22, 2012
ASHLAND T
i
SUBJECT PROPERTY:
564 Liberty St.
39 1 E 16AA 6600
~I
Ell
N
fRTfR l Property lines -for reference only, not scaleable
051020 Feet
The Ashland Planning Division Staff has received a complete application for the property noted above.
Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn
Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above.
Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a
notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the
comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the -
application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning
Division Staffs decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC
18.108.040)
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this
application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of
appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your
right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval' with
sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court.
A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be
provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services
Building; 51 Winburn Way, Ashland, Oregon 97520.
If you have questions or comments concerning this request, please feel free to contact the Ashland Planning` Division at 541-488-5305.
G:\comm-dev\p1anning0anning Actions\Noticing FolderWailed Notices & Signs\2012=12-01097.docx
CONDITIONAL USE PERMITS
18,104.050 Approval Criteria
A conditional use permit shall be granted if the approval authority finds that the proposed use conforms, or can be made to conform through the imposition of
conditions, with the following approval criteria.
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.
B. 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:
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,
ACCESSORY RESIDENTIAL UNITS
18.20.030.1-1 Approval Criteria
H. Accessory residential units, subject to the Type I procedure and criteria, and the following additional criteria:
1. The proposal must conform with the overall maximum lot coverage and setback requirements of the underlying zone.
2. The maximum number of dwelling units shall not exceed 2 per lot.
3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the
primary residence on the lot, and shall not exceed 1000 sq. ft. GHFA.
4. Additional parking shall be in conformance with the off-street Parking provisions for single-family dwellings of this Title.
i
i
i
I
i
I
i
l
GAco=-dev\planning\Planning Actions\Noticing FolderWailed Notices & Signs\2012\2012-01097.docx
INFORMATION TECHNOLOGY
g~ Map Maker
Application
Preinerty Data Online Le9and
1~ Highlighted Feature
theBuHler
- - - Y theBufferTarget
n Tax Lot Oull Ines
"Pax Lot Numbers
+'1' 'a n.
d €
~d ii•L'~ 1
3'G c-~
i
..'&q 11
rti~u -
HE I
Cpl
4
l -
2700 EMU f
i
430
l
In F
JACKS
- - f
i 4M
T-_ -
0regoit
I - - This i - i commed b Jackson County From flat database
11 - of sources, ackson County cannot accept
responsibily for errors, omissions, or
positional accuracy. There are
warranties, expressed or implied.
Please recycle with colored office grade paper Created with MapMaker Map created on 817/2012 11:15:44 AM using web.jacksoncounty.org
PA-2012-01097 391 E 16AA 6300 PA-2012-01097 391 E 16AI3 300 PA-2012-01097 391 E 16AA 6100
BERNARD MATTHEW C EMMONS DANIEL R FELLOWS LATRINA B
TRUSTEE ET AL 80 BAUM ST 266 E BAYVIEW AVE
555 BEACH ST ASHLAND OR 97520 HOMER AK 99603
ASHLAND OR 97520
PA-2012-01097 391 E16AA 6200 PA-2012-01097 391 E16AA 6500 PA-2012-01097 391 E16AB 100
FOERDER ALAN H/LISA A FULGHUM-NUTTERS HOLLY GIBBS MARCIA HELEN
567 BEACH ST ELIZABETH 227 S BRANICIFORTE
ASHLAND OR 97520 519 JOHNSON AVE SANTA CRUZ CA 95062
PACIFICA CA 94044
PA-2012-01097 391 E16AA 6501 PA-2012-01097 391 E16AB 2800 PA-2012-01097 391 E09DC 12300
GROSSMANN CRAIG S/SUZANNE HALL NANCY H TRUSTEE ET AL HARMON E SUE TRUSTEE ET AL
B 605 LIBERTY ST 519 LIBERTY ST
880 ASHLAND ST ASHLAND OR 97520 ASHLAND OR 97520
ASHLAND OR 97520
PA-2012-01097 391 E16AA 6601 PA-2012-01097 391 E16AB 1100 PA-2012-01097 391 E16AB 1000
HART R PERRY/SYDNEY HEYDEN DAVID/BRENDA LEIER HOLTEY JUD A/SHEILA R
VOLPERT 801 FOREST ST 575 LIBERTY ST
576 LIBERTY ST ASHLAND OR 97520 ASHLAND OR 97520
ASHLAND OR 97520
PA-2012-01097 391 E16AB 200 PA-2012-01097 391 E09DD 3500 PA-2012-01097 391 E16AA 6700
KAIN JOHN R MANGELSDORF JAMES W/LURA MARTIN STEVEN E/STUART
3309 34TH AVE SW M PATRICIA G
SEATTLE WA 98126 520 LIBERTY ST 2361 NW LEMHI DR
ASHLAND OR 97520 BEND OR 97701
PA-2012-01097 391 E 16AA 6001 PA-2012-01097 391 E 16AA 6701 PA-2012-01097 391 E 16AA 6600
MATILDA TRUST ET AL MENKEN NANCY TRUSTEE FBO MERCHANT LAUREL FAMILY
303 WHISKY HILL RD 588 LIBERY ST TRUST
WOODSIDE CA 94062 ASHLAND OR 97520 1018 Hillcrest Dr
Cambria CA 93428
PA-2012-01097 391 E16AB 900 PA-2012-01097 391 E16AA 6400 PA-2012-01097
SOHL HERMINE L TRUSTEE FBO VAATVEIT ALLAN R Shane Smith
555 LIBERTY ST 906 ASHLAND ST 564 Liberty St
ASHLAND OR 97520 ASHLAND OR 97520 Ashland OR 97520
21
8-8-2012
564 Liberty St
I
i
i
I
I
i
564 Liberty St.
Proposed Modification to Existing Conditional Use Permit
The proposed ARU at 564 Liberty st. will be a small two story 832 square foot structure,
with a footprint of 512 squre feet (includes porch), in conformance with R-1-7.5 zoning and
positioned on the rear of the property with alley access and will be a maximum of 20ft at the
apex. It will be two story and have a charming cottage appeal with covered front porch and will
fit perfectly into neighborhood of eclectic residences ranging from early 20th century to
modern construction. The "cottage" plans are for one alley parking space and therefore will
have little impact in terms of traffic, pedestrians, bicycle or other. The structure will be
heated electrically and by woodstove with all electric utilities and energy efficient windows to
meet city conservation codes. It will be painted earth tones with concrete composite
horizontal lap siding and earth tone metal roof as to blend with the natural surroundings and
neighborhood and will be non polluting. Outdoor porch is positioned north so as not to intrude
on privacy of south facing neighbor, which is the closest property line.
Please note the following changes to original accepted use permit which are not included
above;
1) South property line easment changed from 9ft. to required 6ft. to make better asthetic use I
of property
2) South overhang increased to 3ft. for passive solar benefit
I
,
Lot Coverage JUL
I
I
The additin of the ARU and parking to 564 Liberty St. does not exceed overall maximum
lot coverage, conforms to all setbacks, including solar.
Landscaping/parking
Property currently has and will maintain at least 65% landscaping coverage and will add
landscaping on south property line next to single vehicle parking. Landscaping will consist of
hand watered drought tolerant plants not to exceed 6ft. tall. Parking space will be gravel to
match alley access, bicycle parking will be located on the covered front porch. Space for
recycling and trash will be provided at end of driveway and will be placed in front of main house
on Liberty St. for collection.
Access and Lighting
.Access to ARU will be at east end of property, from Ashland st. up the alley between
Liberty st. and Beach st. to parking on right which is 13ft. to the south of the proposed
structure. Exterior lighting will consist of exterior motion sensor light mounted on covered
front porch
Trees
There is one native tree, a conifer/pine, located within 15ft. of the construction area
which will be protected by 6ft. chain link fencing and an arborist will be on site to evaluate
protection of roots and branches. The ARU is oriented to the alley way and the main house on
Liberty St. already meets the 30ft. street trees requirment.
In accordance with zoning and city departments there is adequete capacity of city facilities for
water, sewer, access, electricity, drainage and trasnsportation.
I
Electrical
Electrical transformer will be located on main house at the southwest corner.
. I
Water
Water main access is on Liberty st.
Drainage
Storm drainage for the unit will feed directly into the culvert storm drain that is pre
existing and feeds underground in the alley way.
Sewer
Sewer will connect either at Liberty St. or down the alley way at Ashland St.
Natural Gas
There is an existing natural gas line easment from alleyway to the main house which
will be flagged before any construction or site alteration.
I
Fire
The entire length of the legal lot at 564 Liberty St. is 145ft. with an additional 9ft. Liberty
St. easment east from the curb. Therefore the 16ft. structure setback from east proerty line
(alley) keeps the furthest point from the curb under 150ft. and should not require a sprinkler
system per Ashland Fire code.
i
i
i
i
I
UL ,
9 d
W~ s ~ t2 ~ G a
al)prz~ V
/ a
~;zl tl;6e- 5Wcet,
-r
will Aa ced
-13rD t/LA ~,5 q6 :,7. forCA), 7~vv
4ee
f- f~ff ~.l l
s ryes, z ®
or- S32- 47~
X82 s 7
r
/ 771 ~7
572- a
I ~l
7 6, -'76, 7
71L
60? 3-27-7
E
r~ t C> 1
N i Lc,(V~' Law rek Me-rc,~\n-^I-
~ q r e j c*. a, A e, Sv\1,,4t,
2- L~~O -2-oOo -7
C, 0
TO)
[A e3
'V,re,v e- OL .,t E+t;^l (~60---2-35_ 54q
A
r
_ O
r
Z aL 1
1 n~ ~
k M
r
ii I
_ s
s
a-
F
o
I
i- t
i
5
l/
UA
1
S
\C1
} 1
C
1
I
i
V ~
k
ry.:
sac
I
j
I
I
I
AL
<g _
i
1
-
-
00
sue-- ~
p
- - ! - 1 - - -
c
Ins
i
i
Planning Division ZONING PERMIT APPLICATION
/ l 51 Winburn Way, Ashland OR 97520
ASHLAND CI o F541-488-5305 Fax 541-488-6006 FILE DESCRIPTION OF PROJECT
DESCRIPTION OF PROPERTY / Pursuing LEED® Certification? ❑ YES ❑ NO
Street Address
Assessor's Map No. 39 1 E dA Tax Lot(s) 7-
Zoning -7 , Comp Plan Designation ~ I le_ r ? / ,Vf G(,1
APPLICANT
Name.584sy~ 5i)2I Phone 5 T E-Mail 5/37i tz7' / ~,Coby
Address City ASIVWP zip In- 2-61
PROPERTY OWNER J t /
Name /Irk C/ /V Phone / /96,5 L277 ^ 5 ~77 ~ _ E-Mail t 4 l)KIVUVI (Dd /oe) ,
Address o l X L,h n L ~ f V
. City. Zip
SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER
Title Name Phone E-Mail
Address City Zip
Title Name Phone E-Mail
Address City Zip
I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects,
true and correct. I understand that all property pins must be shown on the drawings and visible upon the site inspection, In the event the pins are not shown or their
location found to be incorrect, the owner assumes full responsibility. I further understand that if this request is subsequently contested, the burden will be on me to
establish:
1) that I produced sufficient factual evidence at the hearing to support this request,
2) that the findings of fact furnished justifies the granting of the request;
3) that the findings of fact furnished by me are adequate; and further
4) that all structures or improvements are properly located on the ground.
Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to
be removed at my expense. If I have any doubts, I am advised to seek competent professional advice and assistance.
L4 e~
Applicant's Signature - Date
As owner,of the property involved in this request, I have read and understood the complete application and its consequences to me as a property
owner.
m,_ t-t- - - 7-/6 --11'2-
Property Owner's Signature (required) Date
[ro be completed by City Staff]
r=-9 -S 9
Date Received Zoning Permit Type Filing Fee $
OVER
CADocumems and Settings\lucasa\Desktop\Zoning Pc=it Application.doc
14~
Job Address: 564 LIBERTY ST Contractor:
ASHLAND OR 97520 Address:
C
A Owner's Name: MERCHANT LAUREL FAMILY TRUST ® Phone:
R Customer 06437 N State Lic No:
~ 1' City Lic No:
P MERCHANT LAUREL FAMILY TRUST
Applicant: 1018 HILLCREST DR R
Address: CAMBRIA CA 93428 A
C C Sub-Contractor:
A Phone: (541) 525-4622 T Address:
N Applied: 07/27/2012 O
T Issued:
Expires: 01/23/2013 R Phone:
State Lic No:
Maplot: 391 E16AA6600 City Lie No:
DESCRIPTION: Type 1 - Modification to existing CUP PA-2012-00348
VALUATION
Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description
Total for Valuation:
MECHANICAL
ELECTRICAL
E;;~
STRUCTURAL
PERMIT FEE DETAIL
Fee Description Amount Fee Description Amount
CUP Accessory Residential 638.00
CONDITIONS OF APPROVAL
I
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
CITY OF
Inspection Request Line: 541-552-2080
-ASHUNIND