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HomeMy WebLinkAboutOakKnoll_873_PA-2012-01769 CITY F -AS~-,'ILAND February 12, 2013 Nanosh & Lisa Lucas 873 Oak Knoll Dr. Ashland OR 97520 RE: Planning Action 42012-01769 Notice of Final Decision On February 11, 2013, the Staff Advisor for the Ashland Planning Division administratively approved your request for the following: PLANNING ACTION: 2012-01769 SUBJECT PROPERTY: 873 Oak Knoll APPLICANT: Nanosh Lucas DESCRIPTION: A request for a Conditional Use Permit approval for an 894 square foot Accessory Residential Unit to be located within the existing structure of 873 Oak Knoll Drive. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-10; ASSESSOR'S MAP: 39 lE 14AD TAX LOT: 5600 j 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: Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.orcus i ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: 2012-01769 SUBJECT PROPERTY: 873 Oak Knoll APPLICANT: Nanosh Lucas DESCRIPTION: A request for a Conditional Use Permit approval for an 894 square foot Accessory Residential Unit to be located within the existing structure of 873 Oak. Knoll Drive. Also included in an Exception to the Site Design and Use Standards request to the buffering requirement adjacent to property lines. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-10; ASSESSOR'S MAP: 39 lE 14AD TAX LOT: 5600 SUBMITTAL DATE: December 18, 2012 DEEMED COMPLETE DATE: January 18, 2013 STAFF APPROVAL DATE: February 11, 2013 APPEAL DEADLINE: February 25 2013 FINAL DECISION DATE: February 26, 2013 APPROVAL EXPIRATION DATE: February 26, 2014 DECISION The subject property is located on the west side of Oak Knoll Street, approximately 300 feet north of the southern intersection of Twin Pines Circle; and is also bound to the west by Interstate 5. The property is 6,500 square feet, relatively flat, and is zoned R-1-10, Single-Family Residential. The property currently has a 2,886 square foot single-family home that was constructed in 2010 after a fire destroyed the original home. Oak Knoll is a Collector Street, and improved with curbs and gutters, but no sidewalks. The proposal is for an 894 square foot Accessory Residential Unit (ARU) located within the existing structure above the garage. The proposed ARU complies with Ashland Municipal Code (AMC) 18.24.030 which limits the size to 50 percent of the Gross Habitable Floor Area of the primary residence, and no greater than 1,000 square feet. Due to the proposed unit being within the footprint of the home, the ARU conforms to setback and lot coverage requirements of the zone as well. The property currently has two parking spaces located within the garage of the primary dwelling. In accordance with AMC 18.96.030, an accessory unit greater than 500 square feet requires two parking spaces to be provided in addition to the two that are required for single-family dwellings. The proposed ARU space was constructed before obtaining Planning Approval, and the applicant is unable to reconstruct the space below 500 square feet to comply with a single car requirement. In addition to claiming an on-street credit for the 36 linear feet of uninterrupted curb in front of the home, the applicant has proposed a second parking space north of the driveway. Given that the home and driveway are already in place, limited space is available between the driveway and the northern property line to accommodate a parking space and the required buffer; therefore the PA -2012-01769 873 Oak Knol" Page 1 applicant has requested an Exception to the Site Design and Use Standards to the five-foot landscape buffer adjacent to property lines (II-D-2). In justifying the request, the applicant has proposed a compact space of 8 by 16, feet adjacent to the driveway; and a three-foot landscape buffer consisting of brink in-lay and planter boxes in order to define the property boundary, and provide a sense of separation between parcels. The applicant's findings indicate that,their intention is to only utilize the ARU for family members who will be either visiting from out -of town (and would not have their own vehicle), or to a single tenant who would only has one vehicle. In addition, the findings note that since the homes are already in place, its not feasible to relocate either the structure nor the driveway curb-cut to accommodate the second parking space that meets the standard. The Oak Knoll subdivision was platted before being annexed into the City; and many of the parcels are below minimum lot size for the zone and do not conform to other City standards. Because of this, the development of the lot. is dictated by the existing driveway location. In Staff's view, due to the pre-existing condition of the site's development before the fire, the applicant has made reasonable attempts to mitigate the impact to the neighboring property and the proposal is the minimum necessary to comply with the standards. The applicant has also demonstrated compliance with the 22-foot back-up dimension by utilizing the current curb cut to maneuver a vehicle into the second parking space. A shared trash and recycling area, as well as bicycle parking, will be located within the garage. Extensive landscaping as been installed by Scofield Landscaping throughout the property, including an area on the side of the home which is dedicated as outdoor recreation space for the tenant. Approval criteria for a Conditional Use Permit requires that adequate capacity of public facilities are available to serve the use and that no adverse impacts will affect the surrounding neighborhood. The applicant has verified there are adequate utilities within the adjacent rights- of-way to serve both the proposed unit and the primary dwelling. The applicant is also aware that an additional electric meter is required and has identified a location. The surrounding neighborhood has varying housing types, ranging from Ranch to mid-century modern, which creates a diverse neighborhood with no dominant architectural form. Staff fords that since the proposed accessory residential unit will be located within the existing structure, that architecturally compatible and similar in bulk, scale and coverage of the surrounding area is met and will not be adversely impacted. In Staff's opinion, since the proposed accessory residential unit will be primarily for friends and family of the applicant, that the • proposed use will not have a greater adverse affect on the livability of -the neighborhood. Therefore, with the added conditions below, staff finds that the proposed unit would be in conformance with the standards of the R-1-10 zone, the minimum requirements of the Conditional Use chapter of the Ashland Municipal Code. PA -2012-01769 873 Oak Knoll/W . Page 2 The criteria for a Conditional Use approval are described in C 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 criteria for an Exception to the Site Design and Use Standards described in AMC Chapter 18.72.090, as follows: A. There is a demonstrable difficulty in meeting the specific requirements of the Site Design and Use Standards due to a unique or unusual aspect of an existing structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent properties; and approval of the exception is consistent with the stated purpose of the Site Design and Use Standards; and the exception requested is the minimum which would alleviate the difficulty; or 8. There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better achieves the stated purpose of the Site Design and Use Standards. (Ord 3054, amended 1211612011) i l PA -2012-01769 873 Oak Knoll/NIP Page 3 The application with the attached conditions complies with all applicable City ordinances. Planning Action 2012-01769 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 2012-01769 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 applicant sign in favor of a Local Improvement District (LID) for Oak Knoll to install sidewalks. 3) That 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 an electrical permit. 4) That prior to the issuance of a certificate of occupancy: a) That the installation of the brink in-lay and planter boxes be installed, irrigated, and inplace prior to the issuance of a certificate of occupancy. b) That a separate address for the accessory residential units shall be applied for approved by the City of Ashland Engineering Division: c) Addressing shall meet the requirements of the Ashland Fire Department and be visible from the Public Right-of-Way. d) A shared trash and recycling enclosure will be located in accordance with approved plans. e) Bike parking be installed within the garage in accordance with approved plans. I f) That all exterior lighting shall be directed on the property and shall not directly illuminate adjacent proprieties. i repartme Molnar Director Da of Community Development i I • i • I PA -2012-01769 873 Oak KnollWIP Page 4 PA-2012-01769 391 E14AD 5700 PA-2012-01769 391 E14AD 5300 PA-2012-01769 391 E14AD 3400 BREWER LOIS L ET AL CHRISTIAN LIZA KENDALL COFFIN JOSEPHINE 881 OAK KNOLL DR PO BOX 6712 862 OAK KNOLL DR ASHLAND OR 97520 BEND OR 97701 (ASHLAND OR 97520 PA-2012-01769 391 E14AD 2600 PA-2012-01769 391 E14AD 31.00 PA-2012-01769 391 E14AD 3500 FRANCISCO EMILY A FREED JERRY R/ESTHER M FREY EMOGENE A MILLER/GRANT D MILLER 944 OAK KNOLL DR 852 OAK KNOLL 845 TWIN PINES CIR ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2012-01769 391 E14AD 3600 PA-2012-01769 391 E14AD 5800 PA-2012-01769 391 E14AD 2500 GENISE LIVIA GUSTAFSON DAVID L/DANNA L HAUGHTON BRIAN S/TRACY S 840 OAK KNOLL 889 OAK KNOLL DR 132 THALIA ST ASHLAND OR 97520 ASHLAND OR 97520 MILL VALLEY CA 94941 PA-2012-01769 391 E14AD 3300 PA-2012-01769 391 E14AD 2700 PA-2012-01769 391 E14AD 5600 JOHNS ROBERT L/KATHLEEN G LOGAN JAMES B/ELIZABETH B LUCAS NANOSH/JONES LISA 874 OAK KNOLL DR 853 TWIN PINES CIR 873 OAK KNOLL DR ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2012-01769 391 E14AD 5200 PA-2012-01769 391 E14AD 5500 PA-2012-01769 391 E14AD 6000 OGIER RICHARD AIMICHELLE L PEDERSON- GARY R/PEDERSON RECIO MARTIN A TRUSTEE ET 835 OAK KNOLL DR ROBERT L. AL ASHLAND OR 97520 861 OAK KNOLL DR 979 OAK KNOLL DR ASHLAND OR 97520 ASHLAND OR 97520 PA-2012-01769 391 E14AD 5900 PA-2012-01769 391 E14AD 5400 PA-2012-01769 39 4AD 3200 THOMAS DANIEL J/JULLE C TURNER MARTHA I VAN DER LIEN VIRGINIA H 18227 HWY 66 851 OAK KNOLL DR ASCHAIFENBURGERSTR. 16A ASHLAND OR 97520 ASHLAND OR 97520 1.0779 BERLIN, PA-2012-01769 391 E14AD 3000 PA-2012-01769 391 E14AD 2800 PA-2012-01769 391 E14AD 2900 WARD JOHN D/PAULA K WEISINGER ERIC J 875 TWIN PINES CIR 885 TWIN PINES CIR 861 TWIN PINE CIR ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 a-i~-~of3 NOD 873 Oak Knoll 21 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 February 12, 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 #2012-01769, 873 Oak Knoll Dr. Signature of Employee i G:Icomm-devlplanning\TemplateslTEMPLATE_Affidavit of Mailing Planning Action Notice.dot 2/1212013 j Planning Department, 51 Winbu„ Way, Ashland, Oregon 97520 i T Y F 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 -HLAND NOTICE OF APPLICATION PLANNING ACTION: 2012-01769 SUBJECT PROPERTY: 873 Oak Knoll APPLICANT: Nanosh Lucas DESCRIPTION: A request for a Conditional Use Permit approval for an 894 square foot Accessory Residential Unit to be located within the existing structure of 873 Oak Knoll Drive. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1.10; ASSESSOR'S MAP: 391 E 14AD TAX LOT: 5600 NOTICE OF COMPLETE APPLICATION: January 18, 2013 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: February 1, 2013 _ 851 vim-, ' SUB'JECT' PROPERTY 873 Oak Knoll ` 39 1 E 14AD 5600 ' 861 i q !,A ,A 0 510 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 P!anning 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\planning\Templates\TEMPLATE_Notice of Completeness.dot c : ~,e o i ry ~,t urahlantclegc L.:L-nn .~oUl~r,~ fir,:. 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OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 i 1-18-2013 NOC 873 Oak Knoll 21 r AFFIDAVIT OF MAILING STATE OF OREGON ) County of Jackson ) The undersigned being first duly sworn states that: 1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On January 18, 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 i under each person's name for Planning Action #2012-01769, 873 Oak Knoll. Signature of Employee j I i G:1Comm-devlplanninglTemplateslTEMPLATE_Affidavit of Mailing-Planning Action Nofice.dot 1118/2013 i Date Received (to be completed by staff) Applicant's Statement of Completeness (To be completed by the Applicant and returned to the City of Ashland Planning Division) Re: PA-2012-01769, 873 Oak Knoll Dr. Date Application Expires: June 16th, 2013 Pursuant to an Incompleteness Determination, I, the undersigned applicant or agent for the applicant, elects one of the three options below by initiating: ( 1. Submit All of the Missing Information (Initial if elected) I am submitting all of the information requested in the Incompleteness Determination letter. Unless checked below, I am requesting that the City of Ashland Planning Division review this additional information within 30 days of submission to determine whether the application is complete. I understand that this 30-day review for completeness period for the new information preserves my opportunity to submit additional materials, should it be determined that the application is still incomplete after the second review. (Note: the 120-day period for the City of Ashland's final determination of compliance with applicable criteria does not commence until the additional review for completeness period is completed.) Check if desired ❑ I waive further review of the information submitted for completeness and direct review of the information submitted for compliance with the Community Development Code criteria, regardless of whether the application is, in fact, later determined by the staff to be incomplete. I understand that by checking the above statement the application will be evaluated based upon the material submitted and no notice of any missing information will be given. If material information is missing from the application, the application will fail to meet the burden of showing that all criteria are met, and the application will be denied. Community Development Dept. Tel: 541-488-5305 ' 20 E. Main Street Fax: 541-488-5311 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us ( ) 2. Submit Some of the Requested C I T Y F Information: Recline to Provide Other Information (Initial if elected) I am submitting some of the information requested and declining to submit other information requested in the Incompleteness Determination letter. I understand that by declining to submit all information the City of Ashland believes necessary, the Ashland Planning Division may conclude that the applicable criteria are not met and a Denial will be issued or recommended. O 3. Recline to Provide any of the Requested Information (Initial if elected) I decline to provide any of the information requested. I understand that the Community Development ! Department may conclude that the applicable criteria are not met and a Denial will be issued or recommended. i r i r Signed and Acknowledged (Applicant or Applicant's Agent) k i Date Return to: Planning Division j Department of Community Development City of Ashland 20 E. Main St. Ashland, OR 97520 j i I i Community Development Dept. Tel: 541-488-5305 20 E. Main Street Fax: 541-488-5311 1 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us i 13 January, 2013 Dear Michael, Please accept the attached missing information, as per your correspondence dated 11 January, 2013. We have done our utmost to provide you with adequate information about the parking space for our Accessory Residential Unit application. We are not drafters, so the drawings may not appear as exact as someone with that sort of planning experience. To further explain the parking situation, we have included the measurements for a car of 78" x 184" (equal to to size of my 1996 Honda Accord) parked in the space. We took pictures of the car parked in the space, and we also took a short video (all attached on thumb drive), so that you could see the trajectory of the parking. In the drawings A) (showing the car approaching from the north side) and B) (showing the car approaching from the south side) we, as best we could, drew a picture of the car to scale based on the site plans we had. 1. In the pictures and video, we park 5ft from the house vertically, and 1 foot from the driveway pavement. This leaves a space of 2.5' from the property line and 9ft from the edge of our driveway to the driveway of the adjacent house to the north. The car is 182" from the curb's end (beginning the street). 2. There are three potential obstructions to parking, namely the curb and the cable box that is 9"x11 It stands 2.5" from the curb and 5" from the edge of the driveway on our property. You can see both in the video and the drawings that we avoided collision with both these items through careful parking. 3. The third potential obstruction would be the planter box border we intend to install to fulfill the request for a border between the two properties by the City of Ashland. It is plain to note that the space for planter boxes is limited should they be placed next to the car. The planter boxes we had intended on are 4'x1'1.5", leaving 1 foot between the parked car and the boxes. We can mitigate this issue by placing planter boxes in areas where the car would not be, or by placing a flat brick border level to the ground that would not be a vertical hazard, but still form a nice, aesthetic divide between the two properties. At this time, our preference would be a border that is flush with the ground level; this would provide the requested aesthetic buffer while minimizing any potential parking hazards. Should you have any further questions, please feel free to contact us at the below information. We are much obliged for your continuing support and review of our application. Regards, anosh and Lisa Lucas 873 Oak Knoll Dr. Ashland, OR 97520 nanoshlucas@gmail.com / 541.621.4841 , ; i i i i e 4- 'i 5. . 7-3.' O o 00 481-0)$ w 0 0 I I 00 1 1 00 I 1 - I I ~I '--------------ti i- I I \ I 1 i i i\ 1 I I i o ! i I ----------------------------------a! 0 c0 O I . ! 0 `n ' o I 0 I ~I I ! 1 - 1 i I S - - I I 6'-0" j • \ 1 r O i O co ' 65.00' I~ Rl 1 I ~ I 7 AK KNOLL DRIVE JA^ 0 (kA 00 48P-O" a, 0 0 00 1 1 00 1 1 f - I - - - i 1 ~ SSe 1 O O I I I c CD O I~ O I I' I O j~ 1 Ell - I 1 1 ; 1 I P •I~~~,N ' G I j 61-0„ ; j )_0„ f I 1 p ~ N ♦ 65.00' 7 OAK KNOLL IV ~ - , f i- i t. , _ i - ' r ~ ~ ' ~ ~ - I. - _ - I ~ f. r , ! 1, ~ f i I ~ ~ i e _ ~ ~ ` ' f h 1. ,i • _ - ~,3 ~ I i I r e E _ ` s , _ ,I I ~ ~ ~ _ ~ ~ I ` ~ ~ ' ~ I i 4 j i E j _ (I _ i¢(( E.~.. 11 I. I i~ i E G i i i j i i i i CITY F January 11, 2103 Nanosh Lucas and Lisa Jones 873 Oak Knoll Dr. Ashland OR 97520 RE: Incompleteness Determination for PA-2012-01769, located at 873 Oak Knob Dr Dear Nanosh and Lisa: I have reviewed your application received on December 18th, 2012 for an Accessory Residential Unit located at 873 Oak Knoll Dr. After examining the materials presented, I have determined that the application is incomplete because the plans submitted are too vague to comply with the submittal requirements and more detail is needed. Incomplete applications are subject to delay in accordance with ORS 227.178. The application cannot be further processed and deemed complete until the missing information is submitted or the applicant indicates that the missing information will not be provided. 1. Parking Diagram - The submitted parking appendix does not include specific detail in the width of available curb to claim an on-street credit; does not give specific parking dimensions of the secondary parking space (compact is 8 by 16); the amount of remaining buffer in which the proposed landscaping will be placed; and does not clearly demonstrate how the maneuverability of the secondary parking space will be achieved. Dimensional notations should be made onto the plan clearly demonstrating compliance with the parking requirements. To continue review of your application, please submit the requested information by Friday January 18, 2013. You must also select and complete one of the following three options: 1. Submit all of the missing information; 2. Submit some of the requested information and give the City of Ashland Planning Division written notice that no other information will be provided; or 3. Submit written notice to the City of Ashland Planning Division indicating that no other information will be provided. Please note that failure to complete one of the three options within 180 days of the application submittal date of December 18th, 2012 will result in your application being deemed void. The application will be deemed void if the additional information is not submitted by June 16t", 2013, 1 Community Development Dept. Tel: 541-488-5305 20 E. Main Street Fax: 541-488-6006 j \ Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us I I CITY F ASHLAND I have enclosed a form, entitled the "Applicant's Statement of Completeness". Please review the enclosed form and return it to me with any additional material you will be submitting. Your application will not be further processed until the Applicant's Statement of Completeness form is completed and received by the City of Ashland Planning Division. If you have questions, please contact me at 541.552.2052 or michael.pina@ashland.or.us. ince~ely, Michael Niia Assistant Planner Encl: Applicant's Statement of Completeness Cc: File 2 Community Development Dept. Tel: 541-488-5305 20 E. Main Street Fax: 541-488-6006 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us Appendix 1: Utility Service Plan Appendix 2: Transportation to and through the subject property Appendix 3: Parking Appendix 4: Landscaping Appendix 5: Recreational Use Appendix 6: ARU Criteria Appendix 7: Trash, recycling, bike parking, and other improvements . Appendix 8: Fire Separation Appendix 9: Letter to neighbors Narrative: We would like to convert our upstairs attic into an Additional Residential Unit (ARU) for the purposes of providing A) additional living space for our own family; B) living and/or visiting space for family members and friends (particularly Mr. Lucas's mother, who has recently retired; C) a potential rental unit. The space is under the current roof line and would not require any additional square footage outside the current footprint of the main dwelling. We believe this ADU would also be useful to the City of Ashland for A) increased revenues from utilities and property taxes; B) the potential for more affordable housing in a city where living space continues to be at a.premium. Addressing Conditional Use Permit,'Chapter 18.104.050 A) The property is zoned R10 and an ARU is allowed under the Conditional Use Permit Section of the Ashland Municipal Code. B) 1. Adequate capacity of City facilities for water: The water line going to the property is large enough to accommodate the additional usage by an occupant in the ARU. This was confirmed by Michael Thirkill and Charlie Hamilton at Suncrest Homes. For further information, please contact suncresthomes@gmail.com. 2. Adequate capacity of City facilities for sewer: The drain lines are large enough to accommodate the additional usage by an occupant in the ARU. This was confirmed by Michael Thirkill and Charlie Hamilton at Suncrest Homes. For further information, please contact suncresthomes@gmail.com. 3. Paved access: 3/4 minus gravel has been placed leading up to the entrance of the proposed door to the ARU. We are willing to increase the visual appeal of this access, but it is adequate for foot traffic, which is what we assume will be the most frequent method of access. 4. Electricity: Sufficient access to electricity to power an ARU of this size, including an electric stove, microwave range hood, washer/dryer, refrigerator, indoor lights, a porch light, and personal items such as stereos, telephone chargers, blowdryers, and all manner of electronic gadgets, is planned. The separate meter will measure electrical usage from the circuit breaker located in the ARU (see "Utility Service Plan" in the appendix). j 5. Urban Storm Drainage: There will be no additional strain on City of Ashland storm drainage facilities because the development is entirely encapsulated under the current roof. i i 6. Transportation to and through the subject property: As mentioned in paved access, sufficient paving has been provided in order to allow for foot traffic from street parking to the ARU. Stairs will allow the occupant to ascend to the ARU, and the main entrance will be the preferred method of transportation to and through the ARU. However, as mentioned in the Fire Department comments in Appendix 1, two exits have been provided in case of emergency. The first exit is through the aforementioned door, and the second is on the opposite side of the ARU (south side of the house). An occupant could descend using a portable hanging ladder, which we have purchased already). Please see "Transportation to and through the subject property" in the appendix. ° C) The following is an explanation of how the Conditional Use Permit for an ARU at 873 Oak Knoll Dr., Ashland, will have no greater adverse material effect on the livability of the impact area. 1. Similarity in scale, bulk, and coverage: The ARU is encapsulated under the current roof structure, so will be no additional visual obstructions as a part of the ARU. 2. Generation of traffic and effects on surrounding streets: It is likely that the occupant of the intended ARU will own one vehicle. The Oak Knoll area, while it does have access to a city bus nearby, is likely insufficient public transport for most working adults. We have included space in our plans for adequate bicycle storage, which we will encourage, as we ride our bicycles as often as possible. While we have addressed many of the parking concerns in the Parking section of the staff comments, we feel that one off-street parking space that does not interfere with neighbors on either side of us is a reasonable request for a single- occupancy ARU. While Ashland is a great city to live in, there is a dearth of affordable housing in a depressed job market. We expect to rent the unit for a reasonable amount; the revenue generated to the State in applicable taxes, the revenues to the city in permit fees and additional electrical usage, the additional property taxes applied to the property, and the income taxes generated by the occupant are good mitigations for the small traffic generated by the occupant. Our vision of the use of this ARU is a person who would otherwise be a roommate who would park in front of our house (as has been done in the past without issue) or similarly to our neighbors across the street who rent to college students (each with his or her own car). We don't anticipate any more usage of the space than that. 3. Architectural compatibility with the impact area: The ARU is built in to the existing property, so there are no architectural compatibility issues with the impact area. There will be no architectural changes to the residence other than a door for access, which will match the adjacent garage door in appearance and functionality. Our primary residence itself being new is the only architectural compatibility issue, and it has been seen by most as an improvement to the neighborhood. 4. Air quality: The Conservation department did not mention any concerns with air quality in this ARU. We do not anticipate any issues with air quality - we will do our best to adhere to the same building principles used by Suncrest Homes, who built our EarthAdvantage certified home. We will use the most quiet, energy efficient appliances we can afford, and we will also have a highly efficient system for heating and air conditioning. 5. Generation of noise, light, and glare: a) Because of the pervasive ambience of the nearby freeway, any noise generated by neighbors is usually drowned out with the sound of passing cars and noisy engine braking. The few times we have heard noise from other neighbors was while they had loud college parties. While we will obey all applicable laws regarding to whom we rent, we do not expect to host an occupant with excessive noise requirements. In addition, current insulation codes allow for a good deal of sound to be absorbed before it enters the neighborhood. b) Light emitted from the upstairs should be insignificant. We will purchase window coverings for all windows facing out. Most people prefer privacy at night when an indoor light would be in use; however, the light generated would not exceed the light generated by another family with their window coverings open at night. Since the master bedroom on the main property is the only one facing toward the street, we keep our blinds shut almost exclusively. In addition, our blinds are light blocking cellular blinds, which don't allow light to enter or exit. That said, should the occupant open the blinds during the evening, it would not create any more light in the public right-of-way than the light that would have been created had we chosen to put our living room on the street side, as is the norm here. An existent porch light will light the way to the entrance door of the ARU, which is on the side of our neighbors to the north, who do not have any bedrooms or areas of use which would be negatively affected. c) We will not be installing any items that may cause glare, save for the necessary metal flashings that prevent the roof from leaking through areas where venting is necessary. Our roof line is higher than most, so the only glare'created could possibly affect a person standing on top of his or her roof to the south or north on the same street side. It is possible that passing helicopters or airplanes could receive a momentary glare, but we assert that difference is nominal.. We also submit that the cost of studying the impact to flying vehicles passing overhead would be prohibitive. 6. Development of adjacent properties: The main property has been developed to a reasonable maximum. The residence on the south side of our property is reasonably developed on its own. Our property includes a pergola on our side, a natural rock divider, and aesthetically pleasing landscaping. While the landscaping is young, their view of a car parked on the south side of our house will be almost completely mitigated by the trees surrounding the pergola and the trees providing a border between both the properties. On the north side, we have spoken with our neighbors about our plans, and they preferred to have the area free of further development because they were concerned with easy escape from potential natural disasters, j namely fire, which has been an issue in the recent past. We were willing to appease their sense of aesthetics with a small fence or some planter boxes, but we are equally satisfied with leaving the property as is. i However, we have been informed by the City of Ashland that regardless of our or our neighbors' preferences, we would be well advised to add some kind of aesthetic buffer between the properties. We will install planter boxes with plants, not only in order to delineate the property line, but also to provide a visual buffer for the unlikely event that a car will park in the space adjacent the ARU. We would like to request a variance under section A of the "EXCEPTION TO THE SITE DESIGN AND USE STANDARDS," chapter 18.72.090. The parking requirements for a lot adjacent to a neighbor's property require a 5-foot easement from the property line. First, we have neither intentions nor expectations whatsoever of using the parking space on the north side of the house for the ARU. Second, because the structure (our house) is already in place, we would find it a serious hardship to move our existing structure in order to satisfy the requirements of the parking ordinance (over 500ft = two parking spaces). We appreciate your understanding and lenience. 7. Other factors found to be relevant by the Hearing Authority: We believe that we have answered questions relevant to the Hearing Authority in Appendix 1: Response to Staff Comments section of this application. If not, we are glad to provide explanations of any further relevant details. Addressing Accessory Residential Unit - Chapter 18.20.030.H 1. Overall maximum lot coverage and setback requirements of the underlying zone: We have complied with the City of Ashland setback requirements inasmuch as the proposed development is encapsulated within the main residence. 2. Maximum number of dwelling units: We will not exceed the maximum number of two (2) dwelling units. The main residence comprises one dwelling unit, and the proposed ARU comprises the second dwelling unit. We do not foresee any further developments of dwelling units on this lot, either wished for or intended. 3. The maximum gross habitable floor area (GHFA) shall not exceed 50% of the primary lot, nor will it exceed 1,000 square feet. The GHFA of the primary lot is 1932 square feet, and the GHFA of the development is 894 square feet. Based on these figures, the development will comprise 46% of the primary lot, under the dimensions required in this section. 4. Additional parking conformance: Off-street parking conforms with the off-street parking provisions for this Title. The parking space designated for the ARU will be on the south side of the driveway in front of the main residence. An additional parking space is indicated in the plans adjacent the ARU; however, we do not anticipate in the least that this space will be used. We would like to request a variance under section A of the "EXCEPTION TO THE SITE DESIGN AND USE STANDARDS," chapter 18.72.090. The parking requirements for a lot adjacent to a neighbor's property require a 5-foot easement from the property line. First, we have neither intentions nor expectations whatsoever of using the parking space on the north side of the house for the ARU. Second, because the structure (our house) is already in place, we would find it a serious hardship to move our existing structure in order to satisfy the requirements of the parking ordinance (over 500ft =,two parking spaces). We appreciate your understanding and lenience. Please refer to the document entitled "Parking" in the appendix for further clarification. Site Review Approval - Chapter 18.72 A) All applicable City ordinances have been met or will have been met by the proposed development (apart from 11-D-2 - we are requesting a variance - please see that section in these findings). We urge you to consider the previous and remaining justifications and explanations for proof of such meeting. In addition, we are hiring competent professionals to provide the work, and we also have Dan Thomas of Circle T Construction retained as a consultant. B) All requirements of the Site Review chapter will have been met: Please allow us the ensuing text to demonstrate our compliance with the Site Review chapter. C) The proposed development complies with the Site Design Standards adopted by the City Council for the implementation of this Chapter: Again, please see below. The bolded comments on the note under "C" from the permit meeting will be addressed as a part of the entire Site Review, but we will pay particular attention to them. All sections will be handled in the same meticulous manner that we handled the previous sections. Section II: Approval Standards and Policies A) Ordinance Landscaping Requirements In general, all areas which are not used for building or parking areas are required to be landscaped. Please see the landscaping design along with pictures of the current landscaping as well as the possible improvements to the landscaping in the section entitled "Landscaping" in the appendix for further clarification. The appendix not only includes the aforementioned, but also the plant species and all pertinent information to identify them and their locations on the lot. B) Multi-Family Residential Development Careful design considerations must be made to assure that the development is compatible with the surrounding neighborhood. The exterior colors we chose for the primary residence are by default the same colors we chose for the ARU. Both interior and exterior colors were chosen by Amy Goubeaud, an interior architect who works on ultra high-end homes. She also assisted in the layout of the interior spaces in concert with Charlie Hamilton and Michael Thirkill of Suncrest Homes. Great attention was paid to maintaining a compatible atmosphere while increasing the general appeal of the house. For the exterior, we used subtle colors, and while we did include rock walls, they are tasteful and unapparent to public view. Landscaping in residential areas is basically of three types: decorative landscaping such as in front yard setbacks, screening landscaping such as is adjacent to parking areas, and landscaping of outdoor recreational spaces. The lot in question is comprised of the first and last of these criteria, with the addition of areas designated for gardening. We used decorative landscaping primarily in the front yard, gardening space in the side and back yards, and what we consider recreational space in the areas that include the lawn in back and the pergola in front. The space adjacent to the entrance of the proposed ARU is arguably utilitarian, but the neighbors to. our north do not feel further development is necessary or desirable. Our general knowledge of landscaping has increased with the recent purchase of our landscaping from Scofield Landscaping, but we left most of the aesthetic license to them with as much input as we could about the options available to us. The approximately $20,000 we paid for the landscaping didn't afford us the opportunity to make the space adjacent to the proposed ARU much more than 3/4 minus gravel. However, we did match the neighbors' landscaping immediately to the north of us, as they used the same material for the compatible section of their yard. As was mentioned previously, and will no doubt be mentioned many more times in these findings, we will comply with the City of Ashland's request to provide additional screening by providing planter boxes with plants to delineate the property line and provide an aesthetic buffer against the minute possibility that a car be parked in the space adjacent the ARU. Crime Prevention and Defensible Space Parking Layout - The parking layout we have described in the "Parking" section and its component section in the appendix adhere directly to this code. We provide adequate space for parking nearby the residence, but it is not so close that there is no transition from the public to the private area. The parking is easily visible from three windows in the proposed ARU, from the two windows from the main residence, and the entrance door. We would like to request a variance under section A of the "EXCEPTION TO THE SITE DESIGN AND USE STANDARDS," chapter 18.72.090. The parking requirements for a lot adjacent to a neighbor's property require a 5-foot easement from the property line. First, we have neither intentions nor expectations whatsoever of using the parking space on the north side of the house for the ARU. Second, because the structure (our house) is already in place, we would find it a serious hardship to move our existing structure in order to satisfy the requirements of the parking ordinance (over 500ft = two parking spaces). We appreciate your _ understanding and lenience. Orientation of windows - The resident should easily be able to survey all areas from the existing windows, however, he or she may not be able to see the section adjacent to the entrance door; we will consider making the access door windowed in order to allow the resident to check for safety before exiting the building. Service and Laundry areas - The laundry area will be located inside the ARU, so crime prevention and defensible space should not be a consideration in this case. Windows and lighting are covered in the previous section. The resident will share a mailbox or use a mailbox adjacent to the primary residence's mailbox on the opposite side of the street, depending on what the regulations are on postal boxes for ARU's. No bushes, fences, or planter boxes will impede the view to police surveillance. Hardware - The main residence is alarmed. While we don't advocate relying solely on service hardware for security, we do not have the wherewithal nor the motivation to purchase a separate alarm system for the ARU. This would be up to the occupant's discretion and assessment of the area. The main residence has indications all around it that the residence is alarmed. The ARU being entirely encapsulated- within the main residence may deter any potential miscreants. A combination of renter's insurance, sturdy hardware, adequate lighting, and a smattering of common sense should deter most predators from using the property for evil purposes. Lighting - Existent lighting is currently prudent as per the code in this section. There is a porch light adjacent the garage door on the north side of the building that would serve both entrances. We will add more light as needed and as building codes require. The light in question does accent the area most vulnerable to crime. Landscaping - As mentioned previously, plant materials will not obstruct either the parking area in any significant way nor will it impede law enforcement's line of sight to the entrance door to the ARU. II-B-1 Orientation 11-B-1 a) The primary orientation of both the existing residence and the proposed ARU are facing the street. Please refer to any of the multiple diagrams in the appendix for confirmation. 11-B-1 b) The building is set back from the street according to code and has passed inspection in this regard. As the proposed ARU is entirely encapsulated in the main residence, this question is resolved. 11-B-1 c) The building is accessible from the street. There is no sidewalk as mentioned in this code. Should a sidewalk appear as a part of the City of Ashland's prerogative, the building shall be accessible from the sidewalk, as well. There are no parking areas located between the building and the street, save the front area of the driveway where cars are infrequently parked for convenience sake; however, this area is not treated as, nor do we have the intention of, using this space for parking on any sort of basis that would raise cause for concern. 11--2 treetscape 11 -B-2a) We will assume that the trees chosen by our landscaper, Mr. Scofield of Scofield landscaping, followed all necessary landscaping codes as a licensed and bonded landscaper. We do have trees as indicated in the landscaping section of the appendix that appear to conform to this code. 11-B-2b) Front yard landscaping is similar to the neighboring yards; the neighbor immediately to the north had the same landscaping contractor complete their landscaping, and the business owner, Mr. Scofield of Scofield Landscaping, was a former employee of Carol's Colors, the contractor who completed the landscaping on the residence immediately to our south side. While we have three small lawns indicated in the landscaping diagrams, we did request from our landscaper to provide us with the most water conservation possible given those basic parameters. Being all but ignorant of the landscaping profession, we will assume Mr. Scofield followed our wishes for a low-maintenance and low water usage landscaping. 11-13-3 Landscaping 11 -B-3a) The entire lot is covered with landscaping in one sense or another. There is not an area that was left untouched by our landscaper, Mr..Scofield of Scofield landscaping. Should the interpretation of this section mean the plans should be designed to come into fruition within the 50% after one year and 90% after five years, we can only assume that Mr. Scofield followed City of Ashland codes as a licensed and bonded contractor. Any further landscape development will follow these parameters. 11 -B-3b) The plants Mr. Scofield chose appear to be well adapted to the local climate. It appears that the plants, for the most part, have survived the winter intact. 11 -B-3c) There were no healthy trees on the property as the entire 11-home neighborhood was razed to the ground in the fire, including most trees. 11-B-3d) More than ten feet of landscaping exists as a buffer between the street and the main residence. With regard to the proposed ARU, the 3/4 minus gravel is technically landscaped, as unappealing as it may look. Again, we will improve this area with planter boxes and plants to delineate the property line and to provide screening against the most remote possibility that a car be parked in the space adjacent the ARU. 11 -B-3e) While the parking areas for the proposed ARU will not be shaded by large canopied deciduous trees, they will be adequate for parking purposes. The occupant my decide to park slightly farther along (while still inside the area in front of the main residence's street) and periodically park next to the pergola, which will likely provide more shade due to the trees planted around it. We do not anticipate anyone parking in the parking area 2 designated in the Appendix because we are certain it will be rented to a single occupant with no more than one class C motor vehicle. 11 -B-3f) Irrigation systems have been installed to ensure landscaping success on the main property. The additional planter boxes will be watered by hand or by a qualified watering system. The runoff will be inconsequential. 11--4 Open Space 11-B-4a) The tenants of the development are free to use the areas (reaching or exceeding 8%) described in the diagram in appendix 7: Recreational Use. 11-B-4b) We have eliminated areas covered by shrubs, bark mulch, and other ground covers not suitable for human use in the previous calculation. 11-B-4c) Desks, patios, and similar areas are not included as part of this calculation as none of the above form part of the available open space. 11--5 Natural Climate Control 11-B-5a) We will assume that Mr. Scofield of Scofield Landscaping chose the ash trees that may provide some shade the the property will conform to this code. 11-B-6 Building Materials 11-B-6a) Exterior building materials will match the exterior building materials of the main residence, including the entrance door for the proposed ARU. This is simply a function of the proposed ARU being completely encapsulated by the main residence. Interior paint colors will follow the same theme as the main residence. D. Parking Lot Landscaping and Screening Standards. 11-D-1 Screening at Required Yards 1. While parking abutting a required landscaped front yard shall incorporate a site- obstructing hedge screen, we would contend that the only affected residence of the lack of this screen would be the occupants of the main residence, mainly ourselves. The occupant of the proposed ARU would hopefully not be perturbed by the sight of his or her own vehicle. The landscaping plan was completed without the anticipation of this particular regulation in mind because we were utterly ignorant of it. The section in which the tenant of the proposed ARU would park does contain a small berm and a few plants (see diagram in appendix) that should achieve a hedge-like screen within a few years, giving time for the plants to mature. 2. We believe the shrubs in the aforementioned diagram will approximate 36 inches, but we cannot guarantee it. The area is adequately irrigated and set on an automatic timer, so the plants should, within the next few years, provide the necessary screening. 3. The parking is not elevated, so we will consider section three of this regulation immaterial. 11-D-2 Screening Abutting Property Lines Parking abutting a property line shall be screened by a 5-foot landscaped strip. Where a buffer between zones is required, the screening shall be incorporated into the required buffer strip, and will not be an additional requirement. We cannot meet this requirement and are requesting an exception to this rule because we do not have the required distance between the intended parking area and the property line. We are asking for this variance for two reasons: 1 - we see very little possibility of the space being used as a parking space; 2 - we will be embellishing the property line with aesthetically pleasing planter boxes and plants to delineate the property line as well as to provide as much screening as possible in the very unlikely event that a car were parked in that space. We would like to request a variance under section A of the "EXCEPTION TO THE SITE DESIGN AND USE STANDARDS," chapter 18.72.090. The parking requirements for a lot adjacent to a neighbor's property require a 5-foot easement from the property line. First, we have neither intentions nor expectations whatsoever of using the parking space on the north side of the house for the ARU. Second, because the structure (our house) is already in place, we would find it a serious hardship to move our existing structure in order to satisfy the requirements of the parking ordinance (over 500ft = two parking spaces). We appreciate your understanding and lenience. 11-D-3 Landscape Standards' 1. The proposed parking area for the proposed ARU would probably not be defined as a parking lot; however, the area directly adjacent to it on the main property is fully landscaped (see landscape diagram in the appendix). Again, we will add the aforementioned planter boxes and plants to delineate the property line as well as provide a screen to the almost unimaginable occurrence of a parked car in that area. 2. This section is irrelevant, as we do not have a parking lot. However, a clump birch tree exists on the main property adjacent to the parking area on the street side. It was chosen by the landscaper and prior to our plans for an ARU (please see diagrams in the landscaping section of the appendix). We assume that it will create some canopy and are assured that it will not cause any root damage to pavement and utilities as our contractor is licensed to work in Ashland. 3. This section is irrelevant, as we do not have a parking lot. However, the tree bole is several feet from the street (please see diagram the landscaping section of the appendix). j i 4. The landscaping area adjacent to the proposed parking area for the proposed ARU contains several shrubs and one clump birch tree that will equate to 50% coverage within the first year and 90% coverage within five years. Please see the landscape diagrams in the appendix for further clarification. 5. The landscaped area adjacent to the proposed parking area for the proposed ARU is distributed according to the design of Mr. Scofield of Scofield landscaping. Referring to the diagrams in the landscaping section of the appendix clearly identifies the area and shows the artistic, even, and aesthetically pleasing distribution of the landscaping that conform to the required ratio mentioned in the previous section. 6. This section is irrelevant, as we do not have a parking lot with stalls as described. 11-D'-4 Residential Screening 1. The parking area adjacent to the residential dwellings is set back at least 8 feet from the building. The hedge screen has been addressed in 11-D-1, section one. However, we would like to reiterate that the hedge-like screen will be composed of a tree and several shrubs as identified in the appendix in the landscaping section. Additionally, the view from the main residence is typically blocked by either the garage or the curtains in the master bedroom that faces the street. The proposed ARU faces the street as well from two windows, but the view of the parking area is adequately furnished with landscaping as described in the aforementioned sections, here, and elsewhere. Moreover, the view from the proposed ARU faces the street, in which several cars belonging to other residences will be visible. 11-D-5 Hedge Screening 1. The day-lilies included in the landscaping section of the appendix that are adjacent to the proposed parking area for the proposed ARU are capable of growth to 36 inches; however, they may not be considered "evergreen shrubs." We would ask that the City of Ashland take into consideration that the landscaping, provided by Scofield Landscaping, a licensed and bonded contractor, was done prior to our plans for an ARU. Mr. Scofield organized the landscaping in order that it conform to our neighborhood's motif, that it provide a beautiful and engaging atmosphere, and that it provide the necessary landscaping according to Ashland City code. We believe that evergreen shrubs would be costly, unnecessary, and less aesthetically pleasing than our current design. Thusly, we have addressed sections one and two of the hedge screening section. For further clarification on the current landscaping design, please refer to it in the appendix. 11-D-6 Other Screening Refuse and Container Screen: Both refuse and recycling will be contained, as described previously, within the side yard of the main residence on the north side of the property, either under a protective roofing or in the open, depending on funds and requirements. Service Corridor Screen: There being no commercial or industrial service corridors, this section is immaterial to our proposal. Light and Glare Screen: The only additional lighting as a part of the ARU toward the street would be a result of indoor lighting and an extra porch light adjacent the entrance door (if necessary according to Ashland City code). We will consult with our lighting subcontractor to ensure that the lighting falls within this regulation. E. Street Tree Standards Note: While we will address all parts of the Street Tree Standards section, we would like to emphasize two or three points and ask your forgiveness for the repetitive nature of our coming responses. First, our landscaping plan is all but complete. The only adjustments we have in mind are: a) planting a garden in the area we have marked for a garden; b) constructing a series of planter boxes on our side of the property adjacent to the property line on the north side. We mainly object to any further additions or changes due to prohibitive costs, wastefulness, and our aesthetic interpretation of the property. We spent nearly $20,000 on the landscaping which, in our view, was quite expensive. To put more into it would be not only expensive, but quite difficult for reasons we do not feel comfortable addressing here. The waste we feel we would encounter would be to replace existing plants that are pleasing to the eye with another set of plants that would be equally as pleasing to the eye, but because they meet the specific criteria for a screening hedge would be acceptable, while our current plants may leave a thread of doubt. We believe that evergreen shrubs, while providing a screening area, would provide for less, not more beauty, in that section. The area in question, even if protected by a 36-inch shrub, would not block the view of any parked vehicle either in that space or elsewhere from the proposed ARU due to its being on the second floor. The placement of trees was left to the design of a reputable and licensed landscaping contractor, who most assuredly had it in his best interests to follow City of Ashland codes; his fastidious workmanship led us to believe nothing to the contrary. Finally, given the large scope of the multi-family conceptual site design under 11-B-6a, we are curious as to whether our request fits within the purview of certain sections of these regulations. Regardless, we will delineate each section with the same meticulousness as the previous. 11-E-1 Location of Street Trees There are no planting strips in the right-of-way, if right-of-way is defined as a planting strip on the opposing side of the sidewalk adjacent to a house. Trees planted behind the sidewalk are an Ash and a Clump Birch tree. We assume they were placed according to code. Evidence of their irrigation is in plain view, and we will assume that proper root barriers were used in their planting. The distance between the sidewalk and the respective trees is eight feet or greater in both cases. 11-E-2 Spacing, Placement, and Pruning of Street Trees I.' The trees in question are spaced within no less than 30 feet of one another. Please refer to the landscaping diagram in the appendix for further clarification. 2. The trees in question are not planted closer than 25 feet from the curb line of any intersection of any street or alley. Neither are they planted closer than 10feet from any private driveway, fire hydrant, or utility pole. Please refer to the landscaping diagram in the appendix for further clarification. 3. No tree in question is planted closer than 20 feet from any light standard, presuming a light standard refers to what is commonly known to laymen as "street lights." Should it be defined otherwise, we are prepared to show that the trees are not placed within twenty feet of any light whatever, "light standard" or otherwise. Please refer to the landscaping diagram in the appendix for further clarification. 4. No tree is placed closer than 2.5 feet from the surface of any curb, nor are they placed from any easily calculable distance from an intersection, as no intersection exists within less than a dozen houses on either side. Please refer to the landscaping diagram in the appendix for further clarification. 5. There are no power lines that would be perturbed by the presence of a tree. The only menacing tree in the area is located on the freeway side adjacent the property. It appears to be a pine tree that was burned horribly in the Oak Knoll fire of 2010 and shows signs of death and decay. While that tree is certainly tall enough to cause a considerable amount of damage and would result in a complicated and embarrassing insurance nightmare for all parties involved (as several requests to have it dealt with have been so far absent of any action), the trees in question all around the property, not just the street-side trees, are not in danger of reaching any power lines. Please refer to the landscaping diagram in the appendix for further clarification. 6. No tree has been planted within 2 feet of any permanent hard surface paving or walkway. Please refer to the landscaping diagram in the appendix for further clarification. 7. While it will be some time prior to any of the new trees needing pruning, we will trim them according to the instructions for providing the best growing experience for the tree in concert with the recommendations for providing the proper 12-foot clearance above street roadway surfaces. It is unlikely that any tree on our property will become a problem with respect to their clearance due to the distance between the trees and the street. There is no sidewalk to consider in this case. Please refer to the landscaping diagram in the appendix for further clarification, where it does not show the absence of a sidewalk, but we can provide a picture or signed affidavit from neighbors if its existence or nonexistence comes into question. 8. We had no existing trees left over from the fire that destroyed our house and most trees within 11 homes, save the menacing pine tree referred to in number 5 of the same category was decimated. Please refer to the landscaping diagram in the appendix for further clarification. I I-E-3 Replacement of Street Trees No street trees were removed for the current proposed ARU. Please refer to the landscaping diagram in the appendix for further clarification. i 11-E-4 Recommended Street Trees Street trees do conform to recommended street tree list approved by the Ashland Tree Commission (Ash and Birch). Please refer to the recommended street tree list approved by the Ashland Tree Commission and the landscaping diagram in the appendix for further clarification. Section III: Water Conserving Landscape Guidelines and Policies Lawn and turf: Neither lawn nor turf is ornamental at this stage; the lawn is designed to serve as a play area for our toddler. The front area is available for when either or both of her parents or a sanctioned guardian can be present, and the back two lawn areas are for less, but still supervised time when she can play within the confines of the enclosed wooden gates. We did make an attempt to limit the lawn space to as little as possible because as Ashland homeowners, we paid a great deal for water even when we didn't have landscaping. The high cost of water was of great consideration when we discussed our goals with Mr. Scofield, our landscaping contractor, Lawn shapes: The lawns are basically circular or square-shaped, and they do not pertain to this application inasmuch as the defined space in the tenant's yard area does not contain grass. Planting: Although the current landscaping was planted in very late fall according to. recommendations here, we will also follow those guidelines when planting anything that pertains to the proposed ARU. Water hungry plants: With any future landscaping pertaining to the ARU, we will not plant any water-hungry plants. The landscaping design for the main residence was designed with water conservation and low maintenance as our primary aim. Appendix 1: Response to Staff comments for Conditional Use Permit of 2/8/2012 1. Lot coverage: We believe the lot coverage will comply with the corresponding Ashland Municipal Codes. 2A. Parking: The two parking spaces required by Ashland Municipal Code 18.92 will be supplied as previously mentioned. The primary parking area will be in front of the house to the left of the driveway when facing in. The second parking area is designated on an as-needed basis to the right of the driveway. We do not anticipate this parking space being used whatsoever. Please see the attached drawing labeled "Parking" in the appendix. We would also like to request a variance under section A of the "EXCEPTION TO THE SITE DESIGN AND USE STANDARDS," chapter 18.72.090. The parking requirements for a lot adjacent to a neighbor's property require a 5-foot easement from the property line. First, we have neither intentions nor expectations whatsoever of using the parking space on the north side of the house for the ARU. Second, because the structure (our house) is already in place, we would find it a serious hardship to move our existing structure in order to satisfy the requirements of the parking ordinance (over 500ft = two parking spaces). We appreciate your understanding and lenience. 2. Additional concerns regarding parking/use of space: We understand the concerns the staff has regarding the additional strain on the neighborhood. The area will be rented to a single person, not a family or anyone requiring two cars. Our plan for the space would allow for my mother (Esther Lucas, who retired in March, 2012) to spend a portion of the year in Ashland, Lisa's sister (Janice Jones) to rent, or other family members or friends that may be seeking a place to live in Ashland. We have spoken to the adjacent neighbors regarding our plans, and they saw no -issue with either a family member or a single renter using the space. The only parking required by city ordinances, and where we will direct any renter to park, will be on the north side of the property on the street side. This will mitigate any negative impacts to our neighbor on the north side. The south side neighbors' property is not only higher by several feet (we built an $8,600 retaining wall at our own cost to ensure their soil would not erode onto our property) but will be out of the line-of-sight of the parked car when both our landscapes mature. In addition, we address further improvements to the property to improve the appearance on the north side in #4 - Site Design and Use Standards, section B. Lastly, we would like to request a variance under section A of the "EXCEPTION TO THE SITE DESIGN AND USE STANDARDS," chapter 18.72.090. The parking requirements for a lot adjacent to a neighbor's property require a 5-foot easement from the property line. First, we have neither intentions nor expectations whatsoever of using the parking space on the north side of the house for the ARU. Second, because the structure (our house) is already in place, we would find it a serious hardship to move our existing structure in order to satisfy the requirements of the parking ordinance (over 500ft = two parking spaces). We appreciate your understanding and lenience. 3. ARU Criteria: Please see the attached plans labeled "ARU Criteria" in the appendix. The square footage of the originally proposed ARU was 894 square feet, which is under the maximum 50% of the existing home, which meets the criteria mentioned in this commentary. 4. Site Design and Use Standards: Please see the attached drawings labeled "Trash, recycling, bike parking, and other improvements" in the appendix. The ARU will comply with the Ashland "Site Design and Use Standards" in order for the smooth and independent functioning of the ARU. Al Trash and Recycling An area appropriate for trash and recycling will be designated inside the gate on the north side of the house. This will provide adequate and efficient facilities for the renter, while guaranteeing the same streamlined, efficient, and beautiful appearance of the property from the front view of the house. B) Bicycle parking An area appropriate for bicycle or other small vehicle storage will be provided for the renter that will keep his or her items reasonably safe from the effects of weather. This may include a simple shelter built from wood and a surface appropriate to guarding from rain and snow attached to the fence, or it may include a small storage shed with adequate space for these items. We wish to maintain both the same streamlined, efficient, and beautiful appearance on the property from all angles. Q Other improvements The property line is well-delineated from the neighbors in the south side by the fence line. We have spoken with neighbors directly to the south because they will be most affected by any changes to our property. Their position was to avoid any further development to that area to leave it clear for fire personnel or any other utility or emergency vehicles to easily transport materials should they be needed. We reached a joint decision to leave the area as it is. However, the City of Ashland's position required that enhancements be made to this section, so we will install planter boxes and plants that conform to Ashland landscaping We would like to request a variance under section A of the "EXCEPTION TO THE SITE DESIGN AND USE STANDARDS," chapter 18.72.090. The parking requirements for a lot adjacent to a neighbor's property require a 5-foot easement from the property line. First, we have neither intentions nor expectations whatsoever of using the parking space on the north side of the house for the ARU. Second, because the structure (our house) is already in place, we would find it a serious hardship to move our existing structure in order to satisfy the requirements of the parking ordinance (over 500ft = two parking spaces). We appreciate your understanding and lenience. D) The circuit breaker for the ARU will be located as shown on the diagram. It will be accessible to the renter, but will not be more obtrusive than any other circuit breaker. 6. Fire Separation: Please see the attached drawings labeled "Fire Separation" in the appendix. The drawings clearly mark where appropriate fire separation has been or will be installed. 7. Neighborhood Outreach: Please see the attached letter to neighbors within 200 feet of the property labeled "Neighborhood Outreach." It addresses many of the concerns of City of Ashland staff, and also addresses any concerns those neighbors brought up in oral conversations. Our goal with this project with respect to the neighborhood was to create a useful space with minimal impact to surrounding areas. We had conversations with the neighbors regarding our intentions with the space included a record of those conversations amended to the attachment "Neighborhood Outreach." 8. Written Findings/ Burden of Proof: We made our best attempt not only to take notes and ask questions during the pre-application meeting, but also to follow up with Michael Pina at the City of Ashland and any other pertinent departments during the preparation of this application. We also asked our building consultant, Dan Thomas of Circle T Construction to mark any areas of concern for revision. Lastly, we asked Mr. l i Pina to once again review our application materials to confirm that all concerns of all departments had been answered in addition to the regular application. We believe we have addressed all issues thoroughly, but should there be any question, we would like to have the opportunity to correct those issues. Please contact us at your earliest convenience should any further concerns arise. Other Departments' Comments: Building Department: The Building Department had no comments at the time of the initial application. We will assume that our plans are complete and that the consulting we are receiving from Dan Thomas at Circle T Construction is sufficient to allay any concerns. 2. Conservation: The Conservation Department mentioned City of Ashland rebates for the installation of high efficiency toilets and other appliances. We did our best to build the most energy efficient house'possible. Our home is an EarthAdvantage certified home, which is several steps above the EnergyStar home. We will certainly invest not only in high-efficiency appliances, but also in noise-efficient appliances for the ARU. 3. Engineering: The Engineering Department had no comments at the time of the initial application. We will assume that our plans are complete and that the consulting we are receiving from Dan Thomas at Circle T Construction is sufficient to allay any concerns. 4. Fire Department: The Fire Department had no comments at the time of the initial application. We will assume that our plans are complete and that the consulting we are receiving from Dan Thomas at Circle T Construction is sufficient to allay any concerns. We were also careful to avoid placing any plants that would encourage fire near the property. We received counseling from the fire department prior to doing our landscape. The upstairs itself will contain the requisite number of fire detection and warning devices, as well as a carbon monoxide detector and any other devices that would ensure the safety of the rental. Windows facing the south side of the house are to code for allowing a person to safely exit, and we purchased a portable hanging ladder that can quickly be thrown over the side to allow a person to safely exit the ARU. We also will require or purchase from our own funds renters' insurance that includes a fire clause to mitigate the loss of any personal injury or loss due to insurable damage. Additional considerations for fire concerns can be viewed in the appendix under "Fire Separation." i 5. Streets and Transportation: The Streets and Transportation Department had no comments on this application. While we did address the parking issue under "Parking," we would like to address this issue here, as well. In the past, we have had roommates occupying the parking space to the north of the property on the street side. In addition, guests and. visiting family members have parked there as well. The impact on overall street parking was minimal, and we expect it to be equally, as minimal when we rent the ARU. Should the person renting the ARU have a visitor with a car, there are enough spaces in front of our residence for two cars without encroaching on the parking spaces in front of the residence directly to the north of our property. The times in which there i has been a drain on parking in the area have typically been because of special events such as college parties, open houses, or housewarming parties in the area. Even during these events, there has typically been enough parking for a roommate or a family member to park near enough to our residence so as not to cause he or another person any inconvenience. 6. Water and Sewer Service: The comments of the Water and Sewer Department indicated, "Water OK." We anticipate this to be true, as well. While the water usage for the properties will increase somewhat, we do not anticipate the increase to be more significant that if we were to have a roommate occupying a room in our main residence. Roommates in the past have had access to water for bathing, cooking, and washing clothing. The occupant of the ARU will have access to the same. Sewer usage, though not addressed in the Water and Sewer Service Department's comments, shall be equal to having a roommate occupy a room in our main entrance. The drainage for the ARU is being handled by capable plumbing contractors under our guidance with as-needed consulting from Dan Thomas at Circle T Construction. 7. Storm Water Drainage: There were no comments from the Storm Water Drainage Department; however, as the ARU does not require any further roof space, the impact to the storm drain system will be the same with or without the ARU in place. This is to say it will have exactly zero impact on the storm water drainage system. 6. Electric Service: We have contacted. Dave Tygerson of the Electric Department for service requirements, meter location requirements, and fees, and we will begin this process at the appropriate time should this application meet the City of Ashland's approval. CD 0 a~ 00 481-0)) CD b o co co r- i 1 - I I I I I I I 1 1 I I 1 1 1 19 ~ sse 0 I O f- ----------------'I 1 ~II^u 1 I 1 O ) I O co ^ I I O I 1 O I II ~ 1 1 1 1 11 I l- -----------------------------------i 1 1 1 1 t 1 i 1 1 I I I I 1 I I 1 1 I 1 I I I I I I I I i a ea 4-0 6,_0 % a 0 1 R ' o co 65 00' 1 10 e~ 873 OAK KNOLL DR I VE-4--r-c, _ a O O I 00 48' - 0" a~ 0 0 co 1 1 co ! ! ! 9\, PCT F 1 S\ 1 CAF B ! 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DS( r I 4 oc) ao ` O ~J < ~ it -510 P 71 CD 0 00 48I-011 Appendix Recreational Use I 00 Oo - 3J \ o SSA recreational ; E use area a o ' I ~ Ln 0 I ' E i- s i--' \ 6,_ 6 q;- • \ C) t o i 65.00' 873 OAK KNOLL DRIVE T a .xn v.~.Y - E4 ~ld - T III ~ - I Q N i L t, _ Iz & i Iz h D A i i 4 - I LL- ny ~Y C1 pl < I b ERG, ' 9 m ul - _ 3 6 n IL 1 I - a'-- - - - n F HE I n' U I c _ dd, In ~i v IT I ~ p o M O O 1 i I jX m Q ~ 6 xp I u 4rl ,y < ~ J 93 ~3 p -I 3 n4 © ~ i 4 I - 1 I - ' 1- N ks oMfk€ ~;snDza c~ e~ 7k 67€ ti4~ PTFa 9~hm 3r r~y{,~1~ o F 6~4 P f 2'H sl ed~~E~ SSo fi~ 1 Fqg C 'F~ D.S l ~1h 0 bE „ as g .fir R ~f ®z &ts A t N nyh F6 8j ~6 ~S N 6 6° 19 7 i ,9, 9 Huwu ' Z HUH-100-4. ,o~3<Re §$Qa~F aY iii= "1up O --I P.89a^8 sR$ gs^aen~gos~ N 4,H a E '~i 9~5afi THU s I y°~oaa '9=A SUNCREST HOMES LLC °¢s`~~a®e A e a IIh PO Box 1313, Talent, OR 97540 ;§bo 541.535.8641 SUNCREST HOMES charlia hamlltWmlchaal thlrklll 873 Oak Knoll Drive A, 1922 SF for main residence is greater than 50% of the size of the proposed ARU. i; ID -w _l s _I______. 1 I I ..o - I I 1 1 k~ I " I I j 1 I j ~ I O I 1 1 I I I 1 j I 1 Q I n.c ua sad 5-c 1 I A I I u ~~j7 I I - I 1 I ~ Id~ - - 1 v 1 m I I O h I b _ O 1 I I I 1 I I I 1 I I II I I I I i I z o SUNCREST HOMES LLC D m s:~., lelp O c PO Box 1313, Talent, OR 97540 I IN NO 541.535.8641 SUNCREST HOMES N ~ § 9 873 Oak Knoll Drive charIIehamIIVoh`mlcha IthtrlUll i CD 00 48 Appendix e Trash, C) Bike Parking, o 00 ' cycling, n other ' 00 ' improvements ' E s Bike pa king Recycli g t ~ SSA ! ' fence o I o LO C) LO o i - 1 I e , 4 -0 6,_0„ • i ' o I ~ I CO 65.00' - 873 OAK ~J 'KNOLL DRIVE Dear Neighbor, We just wanted to let you know that we are converting our attic into an Additional Rental Unit (ARU). This means that we will have a small, fully functional living space adequate for one person above our house. Nanosh's mother retired in March of last year, so we would like to have the space available for her to come visit when she is able. We also have family from out-of-town on both sides who like to visit our twenty-month-old daughter and often need a place to stay. We may also rent the top portion to a friend or family member for longer stays. We have just finished our initial application to the City of Ashland and expect the project to be completed by summer (15 June or thereabouts). The impact to the neighborhood will be no more than if we had a roommate. The person staying above will use the parking space in front of our house to the left of our driveway as you are facing inward. Initially, there will be some construction noise, but you probably won't hear much due to the fact that the entire space is enclosed inside the upstairs unit. Once the construction is done and when the space is occupied, you may periodically notice a mild light from the inside of the unit (We expect the light-blocking blinds to be drawn during the evenings for privacy) and a porch light for the door that will provide an entrance and exit to the unit next to our garage door that leads into the house from the north side of the building. Any extra trash, recycling, or bike storage will be kept in an enclosed area behind our gate, so the difference in the appearance of our property will be nominal. Thanks for your attention. Should you have any questions about this letter, please contact us at 541.621.4841 or email at nanoshlucas@gmail.com. Best to you and yours, Nanosh, Lisa, and Isadora 873 Oak Knoll Dr. 1 Planning Divisi NI IT APPLICATION on CITY 51 Winburn Way, Ashland OR 97520 FILE ASHLAND OF 541-488-5305 Fax 541-488-6006 - i DESCRIPTION OF PROJECT DESCRIPTION OF PROPERTY Pursuing LEED® Certification? ❑ YES ❑ NO Street Address Assessor's Map No. 391 E i V 4 Tax Lot(s) Zoning fic _ /0 Comp Plan Designation APPLICANT ~3 3~ f~NOSFfC ~GAS~GiMA(L~~ AI Name A 1CWl0,S~ j . Phone S4t C 0(° 3V Cs ~ E-Mail 1-IS,qJOA1FSIBZ(Al.6 k K City S~1lQN~ zip' s~a L~ Address At W PROPERTY OWNER ~ 3 ~q/V®SIfG. 11,11" ball 7 Q Name GUIOS~ 145a Z J Phon('51( 621~~9 t 5q -E-Mail d tS~ 3,9AF-S A4&_.LD .Address. &4 k - k-oaf( Pe City 5h (Zip SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER Title Name Phone E-Mail Address City Zip j Title Name " Phone E-Mail Address City Zip I i " 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 alt 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, 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 fumished 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-m ove a m xpense. If any doubts, I am advised to seek competent professional advice and assistance, '--)cant's Signature Date i As er of the perty involved in this request, I have read and understood the complete application and.its consequences to me as a property ner, zo~-2- Pro a -Owner's Signature (required) Dates [To be completed by City StafiJ Date Received' Zoning Permit Type " Filing Fee $ OVER 0 G:lcomm-dev\plennjng\Forms & HendoetslZooingPermit AppGcatioadoc Job Address: 873 OAK KNOLL DR Contractor: ASHLAND OR 97520 Address: C A Owner's Name: NANOSH/LISA LUCAS/JONES 0 Phone: P Customer 06629 N State Lic No: L NANOSH/LISA LUCAS/JONES T City Lic No: Applicant: 873 OAK KNOLL DR R Address: ASHLAND OR 97520 A C C Sub-Contractor: A Phone: (541) 531-3343 T Address: N Applied: 12/18/2012 0 T Issued: Expires: 06/16/2013 Phone: State Lic No: Maplot: 391 E14AD5600 City Lic No: DESCRIPTION: Condiitional Use Permit for an ARU L 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 638.00 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 Inspection Request Line: 541-552-2080 CITY F -ASHLAND