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HomeMy WebLinkAboutAcorn_800_PA-2013-00497 CITY OF ASHLAND May 30, 2013 Notice of Final Decision On May 30, 2013, the Community Development Director approved the request for the following: Planning Action: 2013-00497 Subject Property: 800 Acorn Circle Applicant: Chris & Kaila Adler Description: A Conditional Use Permit approval request to construct a 494 square foot Accessory Residential Unit for the property located at 800 Acorn Circle. COMPREHENSIVE PLAN DESIGNATION: Single-family Residential; ZONING: R-1-10; ASSESSOR'S MAP 39 lE 14AD; TAX LOT 300 The Community Development Director's decision becomes final and is effective on the 13a` day after the Notice of Final Decision is mailed. Approval is valid for a period of one year and all conditions of approval identified on the attached Findings are required to be met prior to project completion. The application, all associated documents and evidence submitted, and the applicable criteria are available for review 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. Prior to the final decision date, anyone who was mailed this Notice of Final Decision may request a reconsideration of the action 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 ALUO 18.108.070(B)(2)(c). The ALUO sections covering reconsideration and appeal procedures are attached. The appeal may not be made directly to the Oregon Land Use Board of Appeals. If you have any questions regarding this decision, please contact Derek Severson in the Community Development Department at (541) 488-5305. cc: Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 Winbum Way Fax: 541-552-2050 Ashland, Oregon 97520- TTY: 800-735-2900 www.ashland.or.us-'~ - SECTION 18108.070(B)2 Effective Date of Decision and Appeals. B. Actions subject to appeal: 2. Type I Planning Actions. a. Effective Date of Decision. The final decision of the City for planning actions resulting from the Type I Planning Procedure shall be the Staff Advisor decision, effective on the 13fl1 day after notice of the decision is mailed unless reconsideration of the action is approved by the Staff Advisor or appealed to the Commission as provided in section 18.108.070(B)(2)(c). b. Reconsideration. The Staff Advisor may reconsider Type I planning actions as set forth below. i. Any party entitled to notice of the planning action, or any City Agency may request reconsideration of the action after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred, through no fault of the party asking for reconsideration, which in the opinion of the staff advisor, might affect the decision. Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity to respond to the issue prior to making a decision. ii. Reconsideration requests shall be received within five (5) days of mailing. The Staff Advisor shall decide within three (3) days whether to reconsider the matter. iii. If the Planning Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the decision for purposes of reconsideration. The Staff Advisor shall decide within ten (10) days to affirm, modify, or reverse the original decision. The Staff Advisor shall send notice of the reconsideration decision to affirm, modify, or reverse to any party entitled to notice of the planning action. iv. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration. c. Appeal. i. Within twelve (12) days of the date of the mailing of the Staff Advisor's final decision, including any approved reconsideration request, the decision may be appealed to the Planning Commission by any party entitled to receive notice of the planning action. The appeal shall be j submitted to the Planning Commission Secretary on a form approved by the City Administrator, be accompanied by a fee established pursuant to City Council action, and be received by the city no later than 4:30 p.m. on the 12th day after the notice of decision is mailed. ii. If an appellant prevails at the hearing or upon subsequent appeal, the fee for the initial hearing shall be refunded. The fee required in this section shall not apply to appeals made by neighborhood or community organizations recognized by the city and whose boundaries include the site. iii. The appeal shall be considered at the next regular Planning Commission or Hearings Board meeting. The appeal shall be a de novo hearing and shall be considered the initial evidentiary hearing required under ALUO 18.108.050 and ORS 197.763 as the basis for an appeal to the Land Use Board of Appeals. The Planning Commission or Hearings Board decision on appeal shall be effective 13 days after the findings adopted by the Commission or Board are signed by the Chair of the Commnission or Board and mailed to the parties. iv. The appeal requirements of this section must be fully met or the appeal will be considered by the city as a jurisdictional defect and will not be heard or considered. i i COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 wmv.ashland.onus ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA-2013-00497 SUBJECT PROPERTY: 800 Acorn Circle APPLICANT: Chris & Kaila Adler DESCRIPTION: A Conditional Use Permit approval request to construct a 494 square foot Accessory Residential Unit for the property located at 800 Acorn Circle. COMPREHENSIVE PLAN DESIGNATION: Single-family Residential; ZONING: R-1-10; ASSESSOR'S MAP 39 lE 14AD; TAX LOT #:300 SUBMITTAL DATE: April 19, 2013 DEEMED COMPLETE DATE: May 1, 2013 STAFF APPROVAL DATE: May 30, 2013 APPEAL DEADLINE (by 9:30 p.m.): June 11, 2013 FINAL DECISION DATE: June 12, 2013 APPROVAL EXPIRATION DATE: June 12, 2014 DECISION The subject property is located at the southeast end of the Acorn Circle cul-de-sac, and is Lot #74 in Phase One of the Greensprings Subdivision. The property is trapezoidally shaped and approximately 0.36 of an acre in area. The property's easternmost corner abuts the Oak Knoll municipal golf course. The property is zoned Single Family Residential (R-1-10). Acorn Circle is considered a residential neighborhood street, and is fully paved but lacks curbs, gutters or sidewalks in this vicinity. Based on Jackson County Tax Assessor's records, the existing home is approximately 1,712 square feet and was built in 1978. As presently located on the site, the home is setback approximately 51 feet six-inches from the property line and presents a blank wall to the street. There is a relatively wide existing drive from the cul-de-sac accessing an attached two-car garage. A. land drainage, a tributary to Golf Course Creek, runs on the golf course property nearby. This drainage is classed as an "other water feature" on the Water Resources map, and is not regulated. The subject property's slopes vary from approximately 10-12 percent near the street to 20-22 percent in areas at the rear of the property nearer this drainage. The property generally lacks mature trees,but the applicants have been in the process of installing landscape upgrades between the existing house and the street. The application proposesto construct a 494 square foot Accessory Residential Unit (ARU) between the existing home and the street. Ashland Municipal Code (AMC) 18.24.030 limits the size of ARUs to 50 percent of the Gross HabitableFloor Area (GHFA) of the primary residence, and no greater than 1,000 square feet. The' proposed ARU complies with both of these requirements. PA #2013-00497 800 Acorn Cir./dds Page 1 As proposed, the ARU will be approximately 35 feet 11 inches from the Acorn Circle property line, and approximately 11 feet eight-inches from the east side property line. The proposed ARU will include a small covered porch entry with an entry door and windows oriented toward the street, greatly improving the existing home's presence relative to the streetscape. Because of the north-south lot dimension of the property, the proposed structure is subject to Solar Setback Standard A. However, the lot's configuration relative to the cul-de-sac means that the north property line is considered to be the property line on the north side of the cul-de-sac and as such the proposed ARU should easily be able to comply with the solar access requirements. A condition has been included below to require that solar calculations be provided with the building permit submittal demonstrating compliance with Standard A. The maximum lot coverage allowed for the R-1-10 zoning district is 40 percent of impervious surfaces. The application provides calculations noting that as proposed, the site will be at an approximate 34.44 percent coverage, complying with the standard. The property currently has two parking spaces located in an attached garage, and a wide driveway providing garage access. One additional parking space is required for an ARU less than 500 square feet, and the application notes that one space can be added adjacent to the existing drive to meet this requirement. A condition has also been added to require that the building permit submittal include identification of the one required covered bicycle parking space. Accessory units in single-family zones are subject to a discretionary review through the Conditional Use Permit process to allow full consideration of their potential impacts to established neighborhoods. The approval criteria fora Conditional Use Permit are established to ensure adequate capacity of public facilities are available to serve the use, and that no adverse impacts will affect the established neighborhood.In this case, the surrounding neighborhood consists of established residences and a nearby municipal golf course. The proposed accessory unit will present a stronger orientation to the street than does the existing home, with the addition of windows and a covered entry door where there is currently only a blank wall. The proposed accessory unit will be finished in compatible paint and materials, and in staff's view the proposed structure will be architecturally compatible with the surrounding neighborhood, will present a stronger orientation to the street, and an overall improvement to what currently exists. I The application indicates that there are adequate utilities within the adjacent rights-of-way to serve both the proposed unit and the primary dwelling. The property is currently served by an eight-inch sanitary sewer main, a six-inch water main, and a 12-inch storm sewer main in Acorn Circle. In looking at the adequacy of existing utilities, staff consulted the Electric Department. Electric Department staff noted that the existing home on Acorn Circle is served by a "direct- buried service" that is part of some of the older infrastructure in town, and has too small of a conductor size to adequately serve a house and an accessory residential unit. However, it was noted that there have been infrastructure upgrades in the area in the last six to seven years, and as such there is a fairly simple solution available to providing adequate electrical services to the existing home and proposed accessory unit - to dig out from the house to a newer pedestal already in place along the street frontage to provide a new, adequately-sized service for the house and accessory unit. Electric Department staff have also noted that the two meters for the house PA #2013-00497 800 Acorn Cir./dds Page 2 and the accessory unit will need to be placed together, either both on the ARU or both on the main house and could not be placed in separate locations as shown in initial drawings. Conditions have accordingly been added to require that a new electric service/meter to the ARU be provided as required by law, and that an Electric Department-approved electric service plan be developed, and applicable connection fees paid, prior to issuance of the building permit. A condition has also been added to require that the applicants sign in favor of a future local improvement district given that the existing street does not include curbs, gutters, planting strips with street trees or sidewalks. The final approval 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 as a single-family residence comparable to what exists in the surrounding neighborhood. The subject property is an oversized parcel, set well back from the street and with adequate site area to accommodate the proposed unit and its parking. In Staff's opinion, the proposed accessory residential unit will have no greater adverse affect on the livability of the neighborhood than the target use of the property, and will significantly enhance the existing property as it relates to the streetscape. 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 and Site Review chapter of the Ashland Municipal Code. The criteria for a Conditional Use approval are described in AMC Chapter 18.72.070, as follows: A. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. 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. PA #2013-00497 800 Acorn Cir./dds Page 3 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 2013-00497is approved with the following conditions. Further, if any one or more of the following conditions are found to be invalid for any reason whatsoever, then Planning Action 2013-00497is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant shall be conditions. of approval unless otherwise modified herein, including that the proposed accessory residential unit shall not exceed 499 square feet of gross habitable floor area. 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 not in substantial conformance with those approved, an application to modify this Conditional Use Permit approval shall be submitted and approved prior to issuance of a building permit. 3) That any new or proposed fencing obtain a separate fence permit in accordance with 18.68.010 4) That the applicant sign in favor of a Local Improvement District (LID) for the future sidewalk improvement to Acorn Circle. 5) That building permit submittals shall include: ~ a) That all necessary building permits, including permits for the new electrical service to the accessory residential unit, shall be obtained and all utility fees and system development charges for water, sewer, storm water, parks, and transportation shall be paid prior to the issuance of a building permit. b) That calculations indicating the amount of impervious surfaces following development shall be clearly shown on the building permit. PA #2013-00497 800 Acorn Cir./dds Page 4 c) Exterior lighting details demonstrating that the lights are appropriately shrouded, so there is no direct illumination of adjacent properties. d) Details of proposed storm drainage improvements for the review and approval of the City of Ashland Planning, Building and Engineering Departments. 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. e) An electric service plan for the review and approval of the City of Ashland Planning, Building and Electric Departments. I f) Solar setback calculations demonstrating that all.new construction complies with Solar Setback Standard A in the formula [(Height -6)/(0.445 + Slope) = Required Solar Setback] and elevations or cross section drawings clearly identifying the highest shadow producing point(s) and the height(s) from natural grade. G 5) That prior to the issuance of a certificate of occupancy: a) That a separate electric service and meter for the accessory residential unit shall be installed according to the approved plan, inspected, and approved. b All required parking areas areto be paved with concrete, asphaltic, pervious paving, or comparable surfacing, constructed to standards on file in the office of the City Engineer. c) That a separate address for the accessory residential units shall be applied for approved c by the City of Ashland Engineering Division. d) Addressing shall meet the requirements of the Ashland Fire Department and be visible ~ from the Public Right-of-Way. ti - May 29, 2013 B.' Molnar, Director Date epartm~et of Community Development i i I PA #2013-00497 800 Acorn Cir./dds Page 5 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 May 30, 20131 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for Planning Action #2013-00497, 800 Acorn NOD. Signature of Employee Gkomm-de0planningTorms & HandoutslAffidavit of Mailing-Planning Action Notice.doc PA-2013-00497 391E14AD 300 PA-2013-00497 391E14AD 1700 PA-2013-00497 391E13B 2200 ADLER CHRIS/SCHAFER KAILA ALEXANDER DAVID/JENNIFER ASHLAND CITY OF 5815 NE 37TH AVE 1347 PROSPECT ST 340 SO PIONEER ST PORTLAND, OR 97211 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2013-00497 391E14AD 200 PA-2013-00497 391E14AD 800 PA-2013-00497 391E14AD 100 BECKMANN CARL D/SHERRY D CITY OF ASHLAND EMBRY FAMILY TRUST ET AL 3181 ARNOLD PALMER WAY P O BOX 717 790 ACORN CIR MEDFORD, OR 97504 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2013-00497 391E14AD 901 PA-2013-00497 391E14AD 1600 PA-2013-00497 391E14AD 1500 GAGNON DOREEN J 14ALLESY RENEE S ET AL HAZELL BRITA M 862 TWIN PINES CIR 770 ACORN CIR 804 TWIN PINES CIR ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2013-00497 391E14AD 900 PA-2013-00497 391E14AD 6236 PA-2013-00497 391E14AD 90004 JACKSON COUNTY JERRY TONEY CONSTRUCTION INC MURPHY DIAN L 10 S OAKDALE AVE 6581 GRIFFIN CREEK RD 4009 HIAWATHA DR MEDFORD, OR 97501 MEDFORD, OR 97501 MADISON, WI 53711 PA-2013-00497 391E14AD 90003 PA-2013-00497 391E14AD 90002 PA-2013-00497 391E14AD 90001 MYRICK JUDITH A TRUSTEE ET AL PARKER ROLAND T ROTT FLORENCE 1515 HWY 19 S 854 TWIN PINES CIR 2 1679 MAPLE RD B HERMANN, MO 65041 ASHLAND, OR 97520 WILLIAMSVILLE, NY 14221 PA-2013-00497 391E14AD 500 PA-2013-00497 391E14AD 90006 PA-2013-00497 391E14AD 400 SENDAR PAULA B SPARACIO KIM V STRONG DOUGLAS H TRUSTEE ET 804 ACORN CIR 854 TWIN PINES CIR 6 802 ACORN CIR ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2013-00497 391E14AD 90005 PA-2013-00497 391E14AD 1300 SWAN DAVID R, WARREN JON H/WARREN MARK 854 TWIN PINES CIR 5 1120 PROSPECT ASHLAND, OR 97520 ASHLAND, OR 97520 Fletscher Residential Design 707 Vincent Ave. Central Point, OR 97502 Derek Severson From: Derek Severson [seversod@ashland. or.us] Sent: Friday, May 03, 2013 3:57 PM To: fletscherdesign@netzero.net; kcounselor71@gmail.com Cc: 'Dave Tygerson'; 'Derek severson' Subject: 800 Acorn Circle Electrical Service Mr. and Mrs. Adler & Ted, Dave Tygerson from the city's Electric Department contacted me. He'd been doing research that you requested regarding electrical service requirements for the accessory residential unit at 800 Acorn Circle, but had lost your contact info. I wanted to pass along the information Dave provided me, and I've copied him in on this e-mail as well. It appears that the existing house on Acorn is served by a direct-buried service that is part of some of the older infrastructure in town, and has too small of a conductor size to serve a house and an accessory residential unit. However, there have been infrastructure upgrades in the area in the last six to seven years, and as such there is a fairly simple solution available - to dig out from the house to the newer pedestal along the street frontage to provide a new, adequately-sized service for the house and accessory unit. Dave'indicated that the typical city charges for a new service/meter to an accessory residential unit (ARU) are $684, and that more often than not service upgrades in conjunction with an ARU are also necessary for the main house which would cost an additional $684. In this case, Dave has indicated that because there would be some necessary excavation and extension of conduit beyond the normal on the homeowners' part to connect to the newer pedestal, the city would waive the $684 service upgrade fee for the main house. The homeowners would only be paying the Electric Department for the new service/meter for the ARU that they would've paid anyway, and the house service upgrade fee would be waived to help offset some of the cost of the conduit installation. Dave also noted that the two meters for the house and the accessory unit will need to be placed together, either both on the ARU or both on the main house and could not be placed in separate locations. I'll include a fairly generic standard condition on the Accessory Residential Unit's planning approval saying that you'll need to provide a new electric service/meter to the ARU as required by law, and that you work out an Electric Department-approved electric service plan and pay the applicable fees with issuance of the building permit, but you or the electrician will want to contact Dave Tygerson in our Electric Department to work out details sooner rather than later. Dave's direct number is 541-552-2389, and his e-mail address is on the CC'd line of this e-mail. I've posted the sign on the property for the neighborhood comment period and sent written notice to neighbors, and we had one of the neighbors in today with questions and concerns. After reviewing the file, he was satisfied that he had answers to all of his questions and concerns and didn't even need to talk to me which is I think a good sign. I'll keep you posted if I hear anything else. Thanks, and have a great weekend, - Derek Derek Severson, Associate Planner City of Ashland, Department of Community Development 51 Winburn Way, Ashland, OR 97520 PH: 541-552-2040 FAX: 541-552-2050 TTY: 1-800-735-2900 E-MAIL: derek.severson(@ashland.or.us 1 This e-mail transmission is the official business of the City of Ashland, and is subject to Oregon's public records laws for disclosure and retention. If you've received this e-mail in error, please contact me at (541) 552-2040. Thank you. I 'I i I k I i i I i I I 2 CITY CF Planning Department, 51 Winb6i. ay, Ashland, Oregon 97520 _ 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 ' - 1 NOTICE OF APPLICATION PLANNING ACTION: 2013-00497 SUBJECT PROPERTY: 800 Acorn Circle OWNER/APPLICANT: Chris & Kaila Adler DESCRIPTION: A Conditional Use Permit approval request to construct a 494 square foot Accessory Residential Unit for the property located at 800 Acorn Circle. COMPREHENSIVE PLAN DESIGNATION: Single-family Residential; ZONING: R-1-10; ASSESSOR'S MAP 39 lE 14AD; TAX LOT 300 NOTICE OF COMPLETE APPLICATION: May 1, 2013 DEADLINE FOR SUBMISSION OF WRITTEN. COMMENTS: May 15, 2013 no 7ou PA-2013-00497 SOO ACORN GIR / SUBJECT PROPERTY . ~i 854 \ -1 2 o64 3 ' V 654 4 \`.1654 O GOB' O 12.626 60 Feet The Ashland Planning Division Staff has received a complete application for the property noted above. Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above. Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division 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. GAcomm-dev\planning\Planning Actions\Noticing FolderWailed Notices & Signs\2013\PA-2013-00497.docx 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. 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. i i GAcomm-dev\planning\Planning Actions\Noticing Folder\i\4ailed Notices & Signs\2013\PA-2013-00497.docx AFFIDAVIT OF MAILING 1 STATE OF OREGON ) County of Jackson ) I 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 May 1, 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 j under each person's name for Planning Action #2013-00497, 800 Acorn. , Signature of Employee i i I Gkomm-devlplanningTorms & HandoutslAffidavit of Mailing-Planning Action Notice.doc EcoPrien ly Easy Pee-10 Labels i i Bend along line to 11 ® 'rml Use Avery@ Template 51600 1 ed Paper mmmmmiO expose Pop-up EdgeTm 413460 PA-2013-00497 391E14AD 300 PA-2013-00497 391E14AD 1700 PA-2013-00497 391E13B 2200 ADLER CHRIS/SCHAFER KAILA ALEXANDER DAVID/JENNIFER ASHLAND CITY OF 5815 NE 37TH AVE 1347 PROSPECT ST 340 SO PIONEER ST PORTLAND, OR 97211 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2013-00497 391E14AD 200 PA-2013-00497 391E14AD 800 PA-2013-00497 391E14AD 100 BECKMANN CARL D/SHERRY D CITY OF ASHLAND EMBRY FAMILY TRUST ET AL 3181 ARNOLD PALMER WAY P 0 BOX 717 790 ACORN CIR MEDFORD, OR 97504 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2013-00497 391E14AD 901 PA-2013-00497 391E14AD 1600 PA-2013-00497 391E14AD 1500 GAGNON DOREEN J HALLESY RENEE S ET AL HAZELL BRITA M 862 TWIN PINES CIR 770 ACORN CIR 804 TWIN PINES CIR ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2013-00497 391E14AD 900 PA-2013-00497 391E14AD 6236 PA-2013-00497 391E14AD 90004 JACKSON COUNTY JERRY TONEY CONSTRUCTION INC MURPHY DIAN L 10 S OAKDALE AVE 6581 GRIFFIN CREEK RD 4009 HIAWATHA DR MEDFORD, OR 97501 MEDFORD, OR 97501 MADISON, WI 53711 PA-2013-00497 391E14AD 90003 PA-2013-00497 391E14AD 90002 PA-2013700497 391E14AD 90001 MYRICK JUDITH A TRUSTEE ET AL PARKER ROLAND T ROTT FLORENCE 1515 HWY 19 S 854 TWIN PINES CIR 2 1679 MAPLE RD B HERMANN, MO 65041 ASHLAND, OR 97520 WILLIAMSVILLE, NY 14221 PA-2013-00497 391E14AD 500 PA-2013-00497 391E14AD 90006 PA-2013-00497 391E14AD 400 SENDAR PAULA B SPARACIO KIM V STRONG DOUGLAS H TRUSTEE ET 804 ACORN CIR 854 TWIN PINES CIR 6 802 ACORN CIR ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2013-00497 391E14AD 90005 PA-2013-00497 391E14AD 1300 SWAN DAVID R WARREN JON WWARREN MARK 854 TWIN PINES CIR 5 1120 PROSPECT ASHLAND, OR 97520 ASHLAND, OR 97520 i i i i i i I i I i ttiquettes faciles a peler ; Repliez a la hachure afn de ; .averyeorn Utilisez le aabarit AVERYO 5160® i Sens de i r6v6ler le rebord Pop-upMc 1-800-GO-AVERY S r a` i~ ! S e 1 , i t r r' i' yR e , r i I u4 ^I am µ i W z 0. i CL co M i I r. , N J I (D /N 00 Lc) i i ® O V co Ln 00 A / LO 00 co 00 C2 Lo, CO N i N L LL / J c } LO L ro LO / LO LO Lq / \ r r = ~ N April 17, 2013 Pre-application Conference response, Adler/ Fletsc her, 800Acorn Circle i Mr. Derek Severson, Associate Planner, Ashland Planning Division, Ashland, Or. i Within, hopefully, we have satisfactorily addressed all of the staff concerns and issues, so to proceed towards approval for the building permit issuance. Please contact me at 541-601-2947 (mobile) or 541-779-1790 (office) if you require further notation or clarification with-in this response. Thanks, Ted Fletscher GENERAL: This requested approval is for a 494 sq ft single story, one bedroom ARU attached to the front of the existing subject residence. In my opinion this addition will greatly improve the street appearance of the existing residence as the street view is currently the non-windowed side of the existing "side load" garage. We, the owners and I, believe this project proposal will be more than compatible with the neighboring properties and will meet all the criteria requested in the pre-application comment sheets. APPROVAL CRITERIA herewith submitted: 1. Two (2) copies of written findings addressing the required criteria of Chapter 18.104.050 for a Conditional Use Permit. 2. 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. 3. 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. 3. 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. This ARU addition will add very little bulk to, and will be less in height than the existing residence, and at 21 % total structure lot coverage it will be considerably less than the 40% maximum allowed 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. This one bedroom ARU proposal will not add any traffic to the area as it is to be built for a family member who is already in residence. 3. Architectural compatibility with the impact area. The proposed addition will be of the same exterior materials (horizontal lap siding) and colors (gray with black & white) as the existing structure. There will also be a gabled front entry porch. It will, in our opinion, greatly enhance the street view of the non-fenestrated flat appearance of the existing residence. 4. Air quality, including the generation of dust, odors, or other environmental pollutants, Other than the creation of some slight dust during construction excavation, there will be no pollutants, and water sprinkling during that time, if necessary, should control any dust. 5. Generation of noise, light, and glare. Other than normal construction noise, it will be of a limited nature and only during normal lam to 5pm workday hours. There will be no reason for exterior construction lighting, other than possibly for security, and that or any permanent lighting will be "no glare down-lighting" and/or normal entry porch and exterior wall lighting. 6. The development of adjacent properties as envisioned in the Comprehensive Plan. The neighboring properties are already residentially developed, and there is a golf course to the South. 7. Other factors found to be relevant by the Hearing Authority for review of the proposed use. I believe we have met all the City criteria for this approval. Two (2) copies of written findings addressing the following additional criteria from Chapter 18.20.030.1-1 for an Accessory Residential Unit: 1. The proposal must conform to the overall maximum lot coverage and setback requirements of the underlying zone. This ARU proposal meets and exceeds the minimum required 6 ft side yard and 20 ft front yard building set-backs, and at 21 % lot coverage is well below the 40% maximum allowed. 2. The maximum number of dwelling units shall not exceed 2 per lot. This addition proposal will total two residential units. 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. At 494 sq ft this ARU proposal is only 29% of the 1690 sq ft existing residence. 4. Additional parking shall be in conformance with the off-street Parking provisions for single- family dwellings of this Title. This ARU proposal requires one parking space in addition to the two spaces in the existing garage. This new open space is 20 ft from the front property line and will be in a similar location to its present usage. Two (2) copies of written findings addressing the following criteria from Chapter 18.72 for Site Review approval: A All applicable City ordinances have been met or will be met by the proposed development To the best of our knowledge, this proposal meets all ordinance requirements. B. All requirements of the Site Review Chapter have been met or will be met. To the best of our knowledge, this proposal meets all requirements of the Site Review Chapter. C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. To the best of our knowledge, this proposal meets all adopted Site Design Standards. NOTE: The following sections of the Site Design and Use Standards must be addressed in the written findings (see http://ashland.or.us/Files/SDUS Revised 6.1.2012.pdf It does not appear that these sections relate to a minor residential ARU addition. The owners are already using a yard sprinkler system and/or drip system and already have a minimal lawn area near the front entry door. They are in the process of completing their landscaping and some areas will be completed after construction completion. As to the debris containers, they are kept in the garage. The minimal debris from the ARU family member will be placed in the shared container with-in the existing garage. D. 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. All improvements in the street right-of-way shall comply with the Street Standards in Chapter 18.88, Performance Standards Options. All City Services are existing in this developed neighborhood. The Fire Chief and the Water Department employee indicated they would not require an up-grade of the existing meter & water system supply piping. The Fire Chief also indicated that interior fire sprinklers would not be required. A. Fire department comments are based upon the 2010 Oregon Fire Code as adopted by the Ashland Municipal Code: B. C. Addressing - Building numbers or addresses must mounted on the building, be at least 4 inches tall, be of a color that is in contrast to its background, and shall be plainly visible and legible from the street fronting the property. All premises identification, street signs and building numbers, must be in place with temporary signs when construction begins and permanent signage prior to issuance of any occupancy. D. E. Final determination of fire hydrant distance, fire flow, and fire apparatus access requirements will be based upon plans submitted for Building Permit review. Changes from plans submitted with this application can result in further requirements. Any future construction must meet fire code requirements in effect at that time. The fire department contact for this project is Fire Marshal Margueritte Hickman. She may be contacted at (541) 552-2229 or hickmanm@ashland.or.us. PLAN REQUIREMENTS Two copies of the Plans required for Site Review in AMC 18.72.060: max size 11" x 17" A. Projectname. **shown on plans, Christopher and Kaila Adler 8. Vicinity map. shown C. Scale (the scale shall be at least one (1) inch equals fifty (50) feet or larger.) The Staff Advisor may authorize different scales and plan sheet sizes for projects, provided the plans provide sufficient information to clearly identify and evaluate the application request. shown D. Northarrow. **shown E. Date. **shown F. Street names and locations of all existing and proposed streets within or on the boundary of the proposed development. shown -800 Acorn cirde G. Lot layout with dimensions for all lot lines. shown H. Zoning designations of the proposed development. shown 1. Zoning designations adjacent to the proposed development. shown J. Location and use of all proposed and existing buildings, fences and structures within the proposed development. Indicate which buildings are to remain and which are to be removed. shown, no structures will be removed K. Location and size of all public utilities in and adjacent to the proposed development with the locations shown of: ~ 1. Waterlines and metersizes. 34"meter & 34" copperline shown 2. Sewers, manholes and cleanouts. * * unknown, shown at front property line 3. Storm drainage and catch basins. shown 4. Opportunity-to-recycle site and solid waste receptacle, including proposed screening. L. The proposed location of.• 1. Connection to the City watersystem. "front property line - N/E corner 2. Connection to the City sewers ystem. "front property line - WW corner 3. Connection to the City electric utility system. **front prop line -WW corner 4. The proposed method of drainage of the site. existing shown - N/E prop corner, and natural drainage along South property line M. Location of drainage ways or public utility easements in and adjacent to the proposed development. none known, except natural drainage along South property line. N. Location, size and use of all contemplated and existing public areas within the proposed development. N/A 0. All fire hydrants proposed to be located near the site and all fire hydrants proposed to be located within the site. existing on Acorn Circle P. A topographic map of the site at a contour interval of at least five (5) feet. shown at 2 ft Q. Location of all parking areas and all parking spaces, ingress and egress on the site, and on-site circulation. **shown i R. Use designations for all areas not covered by building. shown S. Locations of all existing natural features including, but not limited to, any existing trees of a caliber greater than six inches diameter at breast height, except in forested areas, and any j natural drainage ways or creeks existing on the site, and any outcroppings of rocks, boulders, etc shown, there is one tree in excess of 6"0 on this property and it is in the rear yard and well away from any area of construction. Off site trees are protected by property line yard fencing. 2. For residential developments: 3. For all developments, the following shall also be required. The method and type of energy proposed to be used for heating, cooling and lighting of the building, and the approximate annual amount of energy used per each source and the methods used to ma ke the i approximation. The existing residence heating / air conditioning is with an electric heat pump. The proposed ARU system will also be with a heat pump. Both exterior condenser units will be located at the North East lowerside of the existing structure away from street view. The new unit will be to Energy Code requirements. Two (2) Copies of Scalable Plans as required for Conditional Use Permit approval in 18.104.040. A. The plan or drawing accompanying the application shall include the following information: N/A, duplication of above B. An application for a conditional use permit may, but need not be, made concurrently with any required application for site design approval under Chapter 18.72, The provisions of paragraph (1) above are not intended to alter the detailed site plan requirements of Section 18.72.040 forsite design approval. C. Inspection. The applicant shall not proceed with any construction activity, except install ati on of erosion control measures, until the City has inspected and approved the installation of the required tree protection measures and a building and/or grading permit has been issued by the City. (Ord 2883, added, 0610412002) Fire department comments are based upon the 2010 Oregon Fire Code as adopted by the Ashland Municipal Code. F. Addressing - Building numbers or addresses must mounted on the building, be at least 4 inches tall, be of a color that is in contrast to its ba ckground, and shall be plainly visible and legible from the street fronting the property. All premises identification, street signs and building numbers, must be in place with temporary signs when construction begins and permanent signage prior to issuance of any occupancy. G. Final determination of fire hydrant distance, fire flow, and fire apparatus access requirements will be based upon plans submitted for Building Permit review. Changes from plans submitted with this application can result in further requirements. Any future construction must meet fire code requirements in effect at that time. The fire department contact for this project is Fire Marshal Margueritte Hickman. 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Jµ - ti I IT _ - - 1.. . f - : ~ , a y¢', a r t y F r :x r r f -1 c r yy LL I - - ~ ~ . . - - . 11 - ~ . - - - SAY3t y _ r _ _r { Y "iV'['~ - j._ w .fY 7'- ;n+t~_Yr{• - 0' -,;z k R S'"F I.r "te H ~ s r r J T" 4 Y ~j d Iy ~ ii , o I -el i \ n ~ i I f 7 Ara ! ct ' U UL W 10 v_ 1 it I I ~ - I I it I _ - I r, I ^ .ill Ire- I ~ III _ I i i I I i 1 I ' "may _ r - ~ j - 4I c ALL- NI IT APPLICATION Planning Division E ' 51 Winburn Way; Ashland OR 97520 r CITY o F 541-488-5305 Fax 541-488-6006 FILE ASHLAND DESCRIPTION OF PROJECT DESCRIPTION OF PROPERTY Pursuing LEED® Certification? ❑ YES WINO Street Address Assessor's Map No. 391E Tax Lot(s) ' Zoning Comp Plan Designation APPLICANT Name Z ' Phone E-Mail O Address City 2 ~ i J , Zip- PROPERTY OWNER I / ' / - l Name 1 ~ Wit, ~6 Phone E-Mall Address) ( i t a C r - - C City 11- .(V Zip c SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER Title A0- U . Name Phone E-Mail t P~ , Address City ~ Zip Title Name Phone E-Mail Address City Zip i 1 hereby certdy that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects, true and correct. I understand that all property pins must be.shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their location found to be incorrect, the owner assumes full responsibility, I further understand that if this request is subsequently contested, the burden will be on me to establish; 1) that/ 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 fumished by me are adequate; and further 4) that all structures or improvements are properly located on the ground. Failure ff~ this regard 'IC result mo kely n not o the request being set aside, but also possibly in my structures being built in reliance thereon being required to be m ve 'at my exp nse, f l ha e any i ubtm advised to seek competent professional advice and assistance. j`A'pp[ cant's Slgnat re M " Date As owner pf the property involved in t is req est, i ve read and understood the complete application and its consequences to me as a property owner. r , I Property' Owner's 819n ture (required) Date [To be completed by city Staflj / Date Received Zoning Permit Type Filing Fee $ OVER G:\comm-dev\p1apningWozms & Hando=\Zoniog Permit Application.doc Job Address: 800 ACORN CIR Contractor: ASHLAND OR 97520 Address: C A Owner's Name: ADLER CHRISTOPHER/SCHAFER K O Phone: P Customer 07182 N State Lie No: ~ T City Lie No: P ADLER CHRISTOPHER/SCHAFER K Applicant: 5815 NE 37TH AVE R I Address: PORTLAND OR 97211 A C C Sub-Contractor: A Phone: T Address: N Applied: 04/19/2013 T Issued: R Expires: 10/16/2013 Phone: State Lie No: Maplot: 391E14AD300 City Lie No: DESCRIPTION: CUP for ARU VALUATION Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description Total for Valuation: MECHANICAL i ELECTRICAL i C STRUCTURAL PERMIT FEE DETAIL Fee Description Amount Fee Description Amount CUP Accessory Residential 638.00 v 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.orms I T Y Inspection Request Line: 541-552-2080 ASHLAND