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CITY
ASHLAND
May 24, 2012
Shane E Smith
564 Liberty Street
Ashland OR 97520
RE: Planning Action #2012-00348
Notice of Final Decision
On May 24, 2012, the Staff Advisor for the Ashland Planning Division administratively approved your
request for the following:
PLANNING ACTION: PA-2012-00348
SUBJECT PROPERTY: 564 Liberty St.
APPLICANT: Shane Smith / Laurel Merchant
DESCRIPTION: A request for a Conditional Use Permit for a 480 square foot Accessory
Residential Unit to be located at the rear yard at 564 Liberty Street. The proposed Accessory Unit will be
accessed from the alley. COMPREBENSIVE 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 13,' 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: 541A88-5305
51 Winbum Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
wmashland.or.us
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: PA-2012-00348
SUBJECT PROPERTY: 564 Liberty St.
APPLICANT: Shane Smith / Laurel Merchant
DESCRIPTION: A request for a Conditional Use Permit for a 480 square foot
Accessory Residential Unit to be located at the rear yard at 564 Liberty Street. The proposed
Accessory Unit will be accessed from the alley.
COMPREHENSIVE PLAN DESIGNATION: Single-family Residential; ZONING: R-1-7.5;
ASSESSOR'S MAP: 39 lE 16AA; TAX LOT: 6600
SUBMITTAL DATE: March 21, 2012
DEEMED COMPLETE DATE: April 11, 2012
STAFF APPROVAL DATE: May 24, 2012
FINAL DECISION DATE: June 5, 2012
APPROVAL EXPIRATION DATE: June 5, 0213 j
DECISION
The subject parcel is located on the east side of Laurel Street, 140 feet south of the Ashland
Street intersection. The property is 10,150 square feet and has an average downward slope of
approximately 12 percent to the northeast. The parcel and immediate surrounding uses are zoned
R-1-7.5, Single-Family Residential. Liberty Street is identified as a Collector and is improved
with curbs and gutters but no sidewalks. The alley east of Liberty, behind the subject parcel, is
18 feet wide from Ashland Street until it terminates without egress approximately 770 feet uphill
to the south. It has an approximate 11 percent grade, constructed of dirt and gravel, has a small
ditch for run-off on the west side.
The property currently has only a 2,026 square foot single-family home constructed in 1950. The
proposal is for a 480 square foot Accessory Residential Unit (ARU) with a loft located in the rear
yard. Ashland Municipal Code (AMC) 18.24.030 limits the size of ARUs to 50 percent of the
Gross Habitable Floor Area (GHFA) of the primary residence, and no greater than 1,000 square
feet, which the proposed structure complies. Following development there will be two dwelling
units on-site.
The applicant's findings state that the proposed unit will be 480 square feet on the ground level
with a 240 square foot loft area upstairs. A concern was raised regarding the feasibility of an
accessory structure with a ceiling height just below the definition of habitable space. Ashland
Municipal Code defines Gross Habitable Floor Area (GHFA) as the total area of all floors in a
dwelling... with at least seven feet of head room'. This definition is derived from the Oregon
Residential Specially Code (ORSC) that defines habitable space as having a minimum of seven
1 Ashland Municipal Code (AMC) 18.08.256: The total area of all floors in a dwelling measured to its outside surfaces that are under the
horizontal projection of the roof or floor above with at least seven (7) feet of head room, except uninhabitable spaces accessed solely by an
exterior door.
PA #2012-00348
564 Liberty/MP
Page 1
feet of headroom2. However, under the definition of a mezzanine according to the Oregon
Structural Specially Code (OSSC), the loft space created cannot be more than a third of the space
below3, which in this case the loft area is 50 percent of the floor area below. Therefore,
according to the above definitions, the loft area could be considered habitable space and the
GHFA of the proposed unit is considered to be 720 square feet. If the GIIFA is considered to be
the larger 720 square feet, then parking standards would require an additional parking space to be
provided for the unit.
The property currently has two parking spaces located in the front yard off Liberty Street.
Accessory units in a Single-Family zone requires that additional parking spaces be in
conformance with the AMC 18.96.030, in which one-bedroom units greater than 500 square feet
requires 1.5 additional parking spaces, which is two additional parking spaces rounded up. The
applicant has proposed to install a single parking space off the alley-located between the
proposed unit and the property to the north. AMC 18.92.050 provides the option of claiming an
on-street parking credit for every 22 feet of uninterrupted curb directly abutting the property. The
Jackson County plat maps shows the parcel having a street frontage of 70 feet, which would
leave approximately 40 feet of uninterrupted curb abutting the property just south of the two
existing parking spaces for the primary unit located at the north end of the parcel. Therefore, the
additional parking space for the proposed unit can be claimed as an on-street credit.
The ARU is shown setback 16 feet from the rear property line. The Land Use Ordinance does not
differentiate between a "story" and a "loft"; therefore, the additional floor space above the
ground floor is considered a story and is to be setback 20 feet from the rear property line. The
unit also is setback 9 feet from the south property line and orientated north as not to intrude on
the southern neighbors. The proposed unit is shown to be setback 31 feet from the north property
line. Because the north-south lot dimension is less than Formula I (90.1 feet) but greater than
Formula II (30.3 feet), the property qualifies for a Standard B solar setback. Utilizing this
standard, the solar setback for the unit is calculated to be 7.6 feet [(18.5 - 16) _ (.445 - .115)],
therefore the proposed unit complies with the solar setback. The ARU will be accessed from the
alley, with a single parking space setback eight feet from the north property line. The maximum
lot coverage allowed for the R-1-7.5 zone is 45 percent of impervious surfaces. The lot coverage
following development will become 2,664 square feet, or approximately 26 percent, thus the
structure complies with setback and lot coverage requirements.
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There are numerous trees on-site that the applicant has proposed to retain. The closest tree is a
Pine Tree planted between the structure and the alley. The Tree Commission did not have the
opportunity to review the application; however, the applicant has proposed that a six-foot chain
link fence to be installed around the construction side of the tree, and that an arborist will be on
site during construction. Additionally the applicant stated that additional drought-tolerant
landscaping will be installed along the south property line and next to the single vehicle parking
space. A condition has been added to this effect.
2 Oregon Residential Specialty Code (ORSC), Section 305.1: For a habitable room, the minimum ceiling height is 7 feet. For rooms with a
sloped ceiling, at least 50 percent of the room must be 7 feet or greater.
3 Oregon Structural Specialty Code (OSSC), Section 505, Definitions: Mezzanine, Loft: An intermediate level or levels between the floor area of
not more than one-third of the area of the room or space in which the level or levels are located.
PA #2012-00348
564 Liberty/W
Page 2
The surrounding neighborhood has varying housing types ranging from early 20th Century to
modern construction. The proposed unit will be painted earth tones with a forest green roof as to
blend in with the natural surroundings. The structure will have an 8.5/12 pitched roof with a 13
foot wide gable where the loft space is located. The varying housing types combined with
sloping geography creates a diverse neighborhood with no dominant architectural form. Staff
finds a residential unit that blends well into the surrounding natural environment would be
compatible with the surrounding area, especially for one located in the rear yard, largely hidden
from the Liberty Street right-of-way.
Accessory units in single-family zones are subject to a higher degree of review due to their
potential impacts to established neighborhoods. The approval criteria for a Conditional Use
Permit is established to ensure adequate capacity of public facilities are available to serve the use
and that no adverse impacts will affect the surrounding neighborhood. One criterion is "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" (AMC 18.104.050.B).
The applicant has verified there are adequate utilities within the adjacent rights-of-way to serve
both the proposed unit and the primary dwelling. Overhead electric exists on the west side of
Liberty Street which will have a new service installed to serve the new unit. The applicant is also
aware that an additional electric meter is required and has proposed to upgrade both meters.
Water service will be served with the existing meter. Sanitary sewer service is proposed to be
pumped up to Liberty Street, however service is available in Ashland Street which the applicant
may choose to connect to by installing a line within the alley.
A concern was raised regarding the applicant's storm drainage plan. The proposed unit and
subsequent improvements will increase the impervious surface of the lot by 1,476 square feet,
well below Public Work's threshold of 5,000 square feet at which storm drainage improvements
are required. Staff finds that the applicant has two options to mitigate storm water runoff; by
either pumping up to Liberty Street, or by diverting the runoff into the existing 12-inch storm
pipe within the alley right-of-way that terminates into a catch basin in Ashland Street. Both
options are found to have adequate capacity by our Public Works Department to accept the
additional runoff associated with the proposed development. The Building Division requires that
storm water must be connected to an "approved" facility and shown on the building permit j
submittal, a condition has been added to this effect. I
Another concern was raised that the proposal does not have adequate transportation to serve the
unit because the existing alley is not paved. AMC 18.92.080.C.4.c states that if the site is served
by an alley, then access for motor vehicles must be from the alley and not from the street
frontage. In Planning Action #2008-00801, the Council found that "paved access to and through
the site" refers to the primary access of the lot, which in this case would be Liberty Street, which
is fully paved. Moreover, the criterion does not require, nor is it interpreted to require that all
accesses to the subject property be paved. Although Liberty Street lacks continuous sidewalks,
adequate transportation facilities are available, or could be made available, in the adjacent rights-
of-way to serve both the existing and proposed unit. However, the concern is specifically
PA #2012-00348
564 Liberty/MP
Page 3
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regarding the- incremental use of the unimproved alley, which can often become rutted after
continuous, rain events and use. One option available to residents is to notify the Street
Department of washed-out conditions and they will work with residents to restore the alley's
surface to City standards for an unimproved right-of-way. Nevertheless, with the proposed
development, adequate transportation options to the site would be further enhanced with the re-
grading of the alley from Ashland Street through the proposed parking space, completed at the
time of Certificate of Occupancy. A condition has been added to this effect.
Section II of the City of Ashland. Street Standards Handbook speaks to how alleys contribute
positively to the overall street system by eliminating the need for driveways and garages in the
front yards; by enhancing the street grid network by providing midblock connections for non-
motorists; and by providing a pedestrian scale environment that encourages neighborly
socializing. Public streets are generally the number one contributor to public space within
municipalities, therefore are highly encouraged to be utilized by pedestrians. and cyclists as
connections. In this case, with only a single parking space provided, guests may wish to utilize
the alley as a means to access the proposed unit by foot.
Due to the alley terminating and not having an egress route, concern regarding access to and
from the alley during construction has been raised. Construction logistics will have to be planned
in advance so that alley access is not impeded. A condition that the alley not be blocked by
vehicles and that materials either be dropped off or carried from adjacent rights-of-way has been
added.
In accordance with 18.92.080B.3, all parking spaces are required to have a back up maneuvering
space of no less than 22 feet. To comply with the requirement, the applicant has proposed ten
additional feet beyond the standard parking dimension of 9 by 18 feet for a total of 24 feet from
the rear property line. This additional space will provide as a cautionary buffer for future
residents pulling out of the parking space into the alley. A shared trash and recycling enclosure
will be located in front of the home and installed in accordance with screening standards of the i
Site Design and Use Standards; and covered bicycle parking will be available under the porch
located in the front of the proposed unit.
The final criterion is that the proposed unit is to have no greater adverse material effect on the
livability of the impact area compared to the target use of the zone (18.104.030.C). In this case
the target use is residential uses and the impact area is the surrounding neighborhood. The
property is an oversized parcel being 10,100 square feet with the minimum lot size in this zone
(R-1-7.5) being 7,500 square feet. The property is well connected by way of Liberty Street and
Ashland Street to the north. centrally located between Downtown, Southern Oregon University,
and an uniquely eclectic Ashland neighborhood, which makes walldng, bicycling and transit
viable options for residents of the accessory residential unit, and easily accessible to a variety of
establishments and services. In Staff's opinion, the proposed accessory residential unit will have j
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.
PA #2012-00348
564 Liberty/MP
Page 4
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.
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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.
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 2012-00348 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 the plans submitted for the building permit shall be in substantial conformance with
those approved as part of this application. If the plans submitted for the building permit are
PA #2012-00348
564 Liberty/MP
Page 5
not in substantial conformance with those approved as part of this application, an application
to modify this Conditional Use Permit approval shall be submitted and approved prior to
issuance of a building permit.
3) 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.
4) That any new or proposed fencing obtain a separate fence permit in accordance with
18.68.010
5) That the applicant sign ip favor of a Local Improvement District (LID) for Liberty Street to
install sidewalks and improvements to the alley.
6) That building permit submittals shall include:
a) A revised site plan showing the proposed unit to be setback 20 feet from the rear property
line.
b) 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.
c) 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.
d) Exterior lighting details demonstrating that the lights are appropriately shrouded, so there
is no direct illumination of adjacent properties,
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e) That 22 feet of uninterrupted adjacent to the subject parcel be clearly indicated on the
building plan as to claim the additional on-street parking credit. I
f) 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.
g) A shared trash and recycling enclosure will be located in front of the home and installed
in accordance with screening standards of the Site Design and Use Standards.
h) Bicycle parking shall be installed on the front porch as indicated on the approved plans.
i) 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.
j) 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 #2012-00348
564 Liberty/MP
Page 6
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) An approved footpath without obstructions, accessed from Liberty Street to the proposed
unit.
e) That drought-tolerant landscaping will be installed along the north and south property j
line as indicated on the plans.
f) That a separate address for the accessory residential units shall be applied for approved
by the City of Ashland Engineering Division.
g) Addressing shall meet the requirements of the Ashland Fire Department and be visible
from the Public Right-of-Way.
h) A shared trash and recycling enclosure will be located in front of the home and installed
in accordance with screening standards of the Site Design and Use Standards.
24.f-
aria Harris, Planning Manager Date
Department of Community Development
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PA #2012-00348
564 Liberty/MP
Page 7
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Peter Burns Grossmann, Architect, LEED AP
880 Ashland Street
Ashland, OR 97520
To Whom It May Concern,
I am writing in regard to the Conditional Use Permit for 564 Liberty Street - Planning Action 2012-
00348.
Although the concept of an Accessory Residential Unit may fit within the context of the
neighborhood, there are a number of existing and potential issues with this proposed development
which need to be addressed before moving forward. The majority of these are associated with the
proposed access to and from the site, but the proposed development raises other questions as well.
1. The alley is great in many ways, but was never intended to serve as the sole right of way to the
properties along it. During the spring and summer the alley is extremely dusty; during the fall
and winter it is wet and rutted from uncontrolled runoff. Both of these issues are compounded
by people driving u~ay too fast down the alley and slamming their brakes on just before turning
onto Ashland Street. This high speed driving adds to the potholes created by the washboard road
in addition to creating excessive dust. I cannot tell you how many times I have shaken my head
in disgust due to the dust and noise created by people driving carelessly on the alley. It is truly
sad.
Since our carport is located along the alley and in a similar position to the parking space in the
proposed development, I know first hand just how dangerous trying to enter the alley can be.
With people driving too fast and ignoring their surroundings, it is scary. The proposed
development's site plan does not indicate any sort of buffer, vision triangle, or measure(s) that
would promote safe access along the alley for both the inhabitant(s) of the proposed
development or drivers on the alley.
The proposed development does nothing to address the problems inherent to the existing alley.
In fact, it exacerbates them. More drivers create more dust, noise, and potential hazards.
Further, Item B in Conditional Use Permits (18.104.050) states "That adequate capacity of City
facilities for water, sewer, paved (emphasis mine) access to and through the development,
electricity, urban storm drainage, and adequate transportation can and will be provided to and
through the subject property." I doubt anyone who uses the alley on a regular basis would agree
that it is 'adequate' for its existing use, let alone any additional demands put on it by proposed
developments. Unless this proposed development contains specific measures to negate the
effects of the ever increasing demand on the alley's resources (such as adding paving, speed
bumps, signs, drains, etc.), I have a hard time encouraging any further development along the
alley.
2. Parking and transportation storage space identified in the proposed development seems
insufficient. The current proposal effectively has two separate sleeping areas - the bedroom and
loft space. Although the loft space's ceiling height (6'-11" - conveniently 1" under the 'habitable'
7-0") may preclude it from meeting the definitions of a'habitable' space, it occupies well over
one half of the floor below it, far exceeding the definition of a Mezzanine under Sec. 505 of the
2010 Oregon Structural Specialty Code. Combine this large floor space with the very low
sloping roof above (which lacks precedent within the context of the existing neighborhood) and
it is reasonable to assume the loft will be used for 'habitable' purposes (those other than
'bathrooms, toilet rooms, closets, halls, storage or utility spaces' as defined in the 2011 Oregon
Residential Specialty Code). Therefore, the likelihood for parking at least two vehicles (not
including visitors) is highly probable even though the plan only provides a single off street
parking space. Where are the other vehicles supposed to park? Along Ashland Street, which is
used heavily by Southern Oregon University students, or along the steeper Liberty Street? If the
intended street parking is Liberty Street, is there some sort of designated pedestrian access/right
of way to the proposed development? What about Ashland Street?
If the proposed development intends to encourage non-vehicular traffic such as bicycles, are
there designated areas where people can store their bicycles/other means of transportation?
Where on the site would they be located?
3. In my experience, the existing storm water systems in the alley are ineffective. As mentioned
previously, during the fall and winter months the alley becomes increasingly rutted due in part
to the significant amounts of water traveling on its surface. There are a few undeveloped
culverts which exist along the alley, however they do little (if anything) to channel the runoff
into developed storm drain systems. If the proposed development does not have substantial
measures in place which redirect water runoff into better, more developed systems, or
drastically improves the existing drainage patterns, I am confident that the demands placed on
the alley will only magnify its already exhausted capacity for dealing with drainage.
4. Emergency vehicle access. Are there appropriate spaces/locations along the alley for emergency
personnel to respond? I am unaware of any hydrants or similar type hook ups for fighting fires
on the proposed development and neighboring properties. I assume the alley, provided parking
space, and surrounding areas meet the access and loading requirements associated with
emergency vehicles.
5. Trash & recycling pick up and receptacles. Until recently, we were able to have our trash and
recycling picked up along the alley. Has the proposed development addressed how such sanitary
services are going to collect refuse, recycling and related material? Are there designated
locations on the site which provide adequate space(s) for receptacles which are not visibility
obtrusive?
6. Construction traffic associated with the proposed development is also a concern. Not only the
additional demands it puts on the alley, but also where, when, and how that traffic accesses and
occupies the proposed development is something that needs to be addressed and planned for.
As they are now, the plans for the proposed Conditional Use Permit & Accessory Dwelling Unit do
not address the existing problems and issues surrounding access to and from the site, nor do they
provide measures to mitigate the additional demands placed on neighborhood and city facilities by the
proposed development. In my professional opinion, there are just too many existing and potential
problems exacerbated by and associated with the proposed development for me not to take issue.
Respectfully submi d,
Peter Burns Grossmann, Architect, LEED AP
April 22, 2012
TO: City of Ashland
Shane Smith/Laurel Merchant Owners/Applicants
RE: Planning Action 2012-00348 Accessory Residential Unit
564 Liberty
FROM: Su and Craig Grossmann
880 Ashland Street
The current fence which delineates our house from 564 Liberty is not in accordance with the
surveyed property lines "as shown on Minor Land Partition #8952 filed August 11, 1981 in
Volume 4 page 52 of the `Minor Land Partition' Records of Jackson County, Oregon." This
inaccuracy needs to be rectified prior to the construction of the 6' high fence proposed in this
development. In addition, should approval be granted for this development, we ask that
construction be timely and succinct, keeping increased traffic and delays on the alley to a
minimum.
We do not have major issues with the Accessory Residential Unit but write to express our
concerns regarding its impact on the already overused alley (the only access to the proposed
development). Currently there are five Accessory Residential Units which have vehicle access
solely by the alley that exists between Beach and Liberty, north of Ashland Street. On this
portion of the alley, there are a minimum of 21 parking locations and/or driveways accesses; all
of which are solely accessed by a minimally maintained dirt alley. This portion of the alley is
unlike its counterparts between Ashland and Henry Streets and Henry and Iowa. It is steep.
There is a constant vertical increase from Ashland Street up to the alley's termination and the
steepest part is the initial entrance from Ashland Street. Cars speed up and down this alley day
and night creating billowing dust, deepening potholes and ruts, and noise. In winter, the
combination of steady automobile use and moisture create long and deep ruts which frequently
expose "underground" pipe. Grading or oiling of this alley is infrequent but when done, these
methods temporarily alleviate some of the problems.
Our questions: Are there plans to improve the alley with more frequently grading or paving? Is
there a plan to install traffic signs encouraging and then enforcing slower speeds and increased
awareness of pedestrians and cyclists? We understand this is one unit with space for a vehicle
but the increase of vehicle use on this alley has been significant over our 20 year tenure.
Sustainable safety improvements to this alley have been non-existent. With the application for
this sixth Accessory Residential Unit, the issues of the overused, steep, and minimally
maintained alley need to be seriously addressed prior to any additional dwelling development.
Thank you in advance for your consideration regarding our input and answering our concerns.
Su and Craig Grossmann
880 Ashland Street
Ashland, OR
541 482-5827
sbg66@hotmail.com
Planning Department, 51 Winbu... Nay, Ashland, Oregon 97520 CITY F
541 488 5305 Fax: 541 552-2050 www.ashland.or.us TTY: ]-800-735 2900
NOTICE OF APPLICATION
PLANNING ACTION: 2012-00348
SUBJECT PROPERTY: 564 Liberty
OWNRIAPPLICANT: Shane Smith/Laurel Merchant
DESCRIPTION: A request for a Conditional Use Permit for a 480 square foot Accessory Residential Unit to be
located at the rear yard at 564 Liberty Street. The proposed Accessory Unit will be accessed from the alley.
COMPREHENSIVE PLAN DESIGNATION: Single-family Residential; ZONING: R-1.7.5; ASSESSOR'S MAP: 39 1E
16AA; TAX LOT: 6600
NOTICE OF COMPLETE APPLICATION: April 11, 2012
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: April 25, 2012
ASHLAND T
~UBJECT--- i
J B60 I
[ PROPEP.TY.
i
Liu -I - ; 564 Liberty St.
39 1 E 16AA 6600 - -
- - - - 555
-
567 N
f
PTmTrl Property lines are for reference only, not scaleable
O 510 20 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.
Document]
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.H 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,
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Documentl
PA-2012-00348 391E16AA 6300 vA-2012-00348.391E16AB 300 rA-2012-00348 391E16AA 6100
BERNARD MATTHEW C TRUSTEE ET AL EMMONS DANIEL R FELLOWS LATRINA B
555 BEACH ST 80 BAUM ST 266 E BAYVIEW AVE
ASHLAND OR 97520 ASHLAND OR 97520 HOMER AK 99603
PA-2012-00348 391E16AA 6200 PA-2012-00348,391E16AA 6500 PA-2012-00348 391E16AB 100
FOERDER ALAN H/LISA A FULGHUM-NUTTERS HOLLY ELIZABETH GIBBS MARCIA HELEN
567 BEACH ST 519 JOHNSON AVE 227 BRANICIFORTE
ASHLAND OR 97520 PACIFICA CA 94044 SANTA CRUZ CA 95062
PA-2012-00348 391E16AA 6501 PA-2012-00348 391E16AB 2800 PA-2012-00348 391E09Dt 12300
GROSSMANN CRAIG S/SUZANNE B HALL ROGER C TRUSTEE HARMON E SUE TRUSTEE ET AL
880 ASHLAND ST 605 LIBERTY ST 519 LIBERTY ST
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2012-00348 391E16AA 6601 PA-2012-00348 391E16AB 1100 PA-2012-00348 391E16AB 1000
HART R PERRY/SYDNEY VOLPERT HEYDEN DAVID/BRENDA LEIER HOLTEY JUD A/SHEILA R
576 LIBERTY ST 801 FOREST ST 575 LIBERTY ST
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
r
PA-2012-00348 391E16AB 200 PA-2012-00348 391E09DD 3500 PA-2012-00348 391E16AA 6700
KAIN JOHN R MANGELSDORF JAMES W/LURA M MARTIN STEVEN E/STUART PATRICIA G
820 ASHLAND ST 520 LIBERTY ST 2361 LEMHI DR
ASHLAND OR 97520 ASHLAND OR. 97520 BEND OR 97701
I
PA-2012-00348 391E16AA 6001 PA-2012-00348391E16AA 6701 PA-2012-00348 391E16AA 6600
MATILDA TRUST ET AL MENKEN NANCY TRUSTEE FBO MERCHANT LAUREL FAMILY TRUST
303 WHISKY HILL RD 588 LIBERY ST 564 LIBERTY ST
WOO.DSIDE CA 94062 ASHLAND OR 97520 ASHLAND OR 97520
PA-2012-00348 391E16AB 900. PA-2012-00348 391E16AA 6400 20
SOHL HERMINE LTRUSTEE FBO VAATVEIT ALLAN R 564 Liberty
555 LIBERTY ST 906 ASHLAND ST 04-11-2012
ASHLAND OR 97520 ASHLAND OR 97520
Shane E Smith Laurel Merchant
564 Liberty St 1018 Hillcrest Dr
Ashland, OR 97520-3121 Cambria, CA 93428-2504
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AFFIDAVIT OF MAILING'
STATE OF OREGON )
County of Jackson )
The undersigned being first duly sworn states that:
i
1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On April 11, 2012, 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 #PA-2012-00348, 564 Liberty St,
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Ashland OR.
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Signature of Employee
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G:Icomm-devlplanninglTemplateslTEMPLATE_Affidavit of Mailing-Planning Action Notice.dot 411112012 ,
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564 Liberty St.
-Conditional Use Permit for Accessory Residential Unit-
The proposed ARU at 564 Liberty St. will be a small 480 square foot structure, 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 18.5ft at the apex. It will be one story with a loft 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 bedroom 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 light earth tones with forest green roof as to blend
with the natural surroundings and neighborhood and will be non polluting. Outdoor porch
is positioned so as not to intrude on privacy of south facing neighbor, which is the closest
property line.
* Please note the following changes were made to the original pre application;
1) Removal of six foot wide porch from south end of structure
2) South property line setback increased to 9ft.
3) East (rear) property line setback increased to 16ft.
4) Parking space size increased to l Oft. x 24ft. and curved entry added for better
access/maneuverability for one vehicle.
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 and does not exceed
500 square feet livable space.
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 requirement.
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In accordance with zoning and city departments there is adequate capacity of city
facilities for water, sewer, access, electricity, drainage and transportation.
Electrical
i
Electrical transformer will be located on main house at the southwest corner.
Water
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Water main access is on Liberty St.
Drainage
Storm drainage for the 480 sq ft. 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 easement 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. easement east from the curb. Therefore the 16ft. 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.
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S erg
- ZONING PERMIT APPLICATION
Planning Division
51 Winburn Way, Ashland OR 97520 FILE #
C I T Y o f 541-488-5305 Fax 541-488-6006
ASHLAND
DESCRIPTION OF PROJECT
DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? ❑ YES ❑ NO
Street Address q V,
Assessor's Map No. 39 1 E ol Tax Lot(s)
Zoning Comp Plan Designation
APPLICANT
Name 4 N ~i M O Phone f/9-)E-Mail Ctw 4 t '
Address ,)(2 Lbwb 5k, City1 Zip
PROPERTY OWNER
yy~~
Name . L,Q~,t R&Z A4 1~gf jT Phone E-Mail
G ,OA,
J_dA
.
Address 1 city- CA MB VA zip 93
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,
I
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. 1 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 remove my expense. I ave an doubts, I am advised to seek competent professional advice and assistanc .
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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 properly
owner.
A 3~ at /a
Property Owner's Signature (required) Date
I
fro be completed by City Staff]
Date Received ` Zoning Permit Type Filing Fee
OVER O®
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C:\Documents and Settings\lucasa\Desktop\Zoning Permit Application.doc
Job Address: 564 LIBERTY ST Contractor:
ASHLAND OR 97520 Address:
C
A Owner's Name: MERCHANT LAUREL FAMILY TRUST U Phone:
P Customer 06437 N State Lic No:
P MERCHANT LAUREL FAMILY TRUST T City Lic No:
L. Applicant: 1018 HILLCREST DR a
Address: CAMBRIA CA 93428 A
C C Sub-Contractor:
A Phone: (541) 525-4622 T Address:
N Applied: 03/21/2012 O
T Issued:
Expires: 09/17/2012 Phone:
State Lic No:
Maplot: 391E16AA6600 City Lic No:
DESCRIPTION: Conditional Use Permit for a ARU
VALUATION
Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description
Total for Valuation:
MECHANICAL
ELECTRICAL
STRUCTURAL
PERMIT FEE DETAIL
Fee Description Amount Fee Description Amount
CUP Accessory Residential 625.00
CONDITIONS OF APPROVAL
F
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
Inspection Request Line: 541-552-2080 -ASHLAND