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Ashland_650_PA-2013-01354
6 z-,Z~ . - -6 - mac? 44,7i f 4 A r 7 rr c ^ 'or C ~-Y - - i - - - - - - j i _ - - - - - i p Job Address: 650 ASHLAND ST Contractor: ASHLAND OR 97520 Address: C A Owner's Name: BONNIE MORGAN O Phone: P Customer 03075 N State Lic No: P DEAN EVANS T City Lic No: L Applicant: PO BOX 4723 R Address: SANTA BARBARA CA 93140 A C C Sub-Contractor: A Phone: (805) 637-7303 T Address: N Applied: 10/14/2013 C T Issued: 10/14/2013 Expires: 10/14/2013 R Phone: State Lic No: Maplot: 381E297710 City Lic No: I DESCRIPTION: Appeal to PA-2013-01354 is j. VALUATION Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description Total for Valuation: I. MECHANICAL t ELECTRICAL STRUCTURAL PERMIT FEE DETAIL Fee Description Amount Fee Description Amount Appeal fee 150.00 CONDITIONS OF APPROVAL 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 C I T Y OF 4 }(gF 1 t r Notice of Land Use Appeal - Type I Ashland Municipal Code § 18.108.070.B.2.c A. Name(s) of Person Filing Appeal: B. Address(es): 2. Attach additional pages of names and addresses if other persons are joining the appeal. C. Decision Being Appealed Date of Decisionf: Planning Action Title of planning action: gg D. How Person(s) Filing Appeal Qualifies as a Party 4 For each person listed above in Box A, check the appropriate box below. The person named in 01 am the applicant. Box A.1. above El l received notice of the planning action. E qualifies as a party 01 was entitled to receive notice of the action but did not receive because: notice due to error. The person named in 01 am the applicant. Box A.2. above 01 received notice of the planning action. qualifies as a party 01 was entitled to receive notice of the action but did not receive because: notice due to error. Attach additional pages if others have joined in the appeal and describe how each qualifies as a party. E. Specific Grounds for Appeal 1. The first specific ground for which the decision should be reversed modified is (attach additional pages if necessary): This is an error because the applicable criteria or procedure in the Ashland Municipal Code § or other law in § requires that attach additional pages if necessary), 2. The second specific ground for which the decision should be reversed or modified is (attach additional pages if necessary): This is an error because the applicable criteria or procedure in the Ashland Municipal Code § or other law in § requires that attach additional pages if necessar : 3. The third specific ground for which the decision should be reversed or modified is (attach additional pages if necessary): This is an error because the applicable criteria or procedure in the Ashland Municipal Code § or other law in § requires that (attach additional pages if necessary): t F 8 JJ fB II ' 6 . ~ ~ j - - ~ a i Y R -m;, i Y ~ 1 r _ ~ I ~ s ~ ~ _ i ~I i E ~ } ~ P ~ ~ ~ ~ CITY F ASHLAND October 2, 2013 Notice of Final Decision On October 2, 2013, the Community Development Director approved the request for-the following: Planning Action: 2013-01354 Subject Property: 650 Ashland Street Applicant: Bonnie Morgan Description: A Conditional Use Permit approval request to construct a 704 square foot Accessory Residential Unit within a new addition for the property located at 650 Ashland St. COMPREHENSIVE PLAN DESIGNATION: Single-family Residential; ZONING: R-1-10; ASSESSOR'S MAP: 39 lE 16AB TAX LOTS: 18000. The Community Development Director's decision becomes final and is effective on the 13th 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 Michael Pina in the Community Development Department at (541) 488-5305. cc: Parties of record.and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305 51 Winbum Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 I www.ashland.or.us C SECTION 18.108.070(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 13th 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(3)(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 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 Commission 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. COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305 51 Winbum Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900} www.ashland.or.us ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA-2013-01354 SUBJECT PROPERTY: 650 Ashland St. APPLICANT: Bonnie Morgan DESCRIPTION: A Conditional Use Permit approval request to construct a 704 square foot Accessory Residential Unit within a new addition for the property located at 650 Ashland St. COMPREHENSIVE PLAN DESIGNATION: Single-family Residential; ZONING: R-1-10; ASSESSOR'S MAP: 39 1E 16AB.TAX LOTS: 18000 SUBMITTAL DATE: September 6, 2013 DEEMED COMPLETE DATE: September 10, 2013 STAFF APPROVAL DATE: October 2, 2013 FINAL DECISION DATE: October 15, 2013 APPROVAL EXPIRATION DATE: October 15, 2014 DECISION The subject parcel is located on the south side of Ashland Street, between Weller Lane and Morton Street. The 14,000 square foot parcel has an average downward slope of approximately 10 percent to the northeast. The parcel and surrounding uses to the west and south are zoned R-1- 10; while uses to the north and immediately east are zoned R-1-7.5 This section of Ashland Street is identified as a Collector Street improved with curbs and gutters but no sidewalks. There are presently nine trees greater than six inches at Diameter at Breast Height (DBH) located on- site, including a 39-inch DBH Incense Cedar and 52-inch DBH Redwood adjacent to Ashland Street. The property currently has a 1,572 square foot single-family home constructed in 1909, and approximately 2,000 square feet of gravel driveway along the east side of the property. The proposal is for a 704 square foot Accessory Residential Unit (ARU) located in the basement of a proposed addition to the primary residence. Ashland Municipal Code (AMC) 18.24.030 limits the size of ARUs to 50 percent of the Gross Habitable Floor Area (GHFA) of the primary residence, and no greater than 1,000 square feet. The GHFA of the primary home following the addition will be 2,320 square feet. Therefore, the proposed 704 square foot ARU complies with this standard. The maximum lot coverage of the property is 40 percent. Following Development, lot coverage will be approximately 2,314 square feet, or 36 percent. Provided the proposed addition is 72 feet from the north property line, which abuts Ashland Street, the addition and ARU complies with the City's solar setback requirements. There is currently one parking space located east of the home, approximately 40 feet from the front property line, plus additional parking areas throughout the existing gravel driveway. Primary dwellings require two off-street parking spaces, and accessory units greater than 500 square feet require two parking spaces; for a total of four spaces required. The applicant proposes to establish two additional parking spaces on-site; one in east of the home adjacent to the existing parking space, and one along the east property line, for three spaces on-site. AMC 18.92.080B.3 PA #2013-01354 650 Ashland SUMP Page 1 ti also requires parking spaces to have a back up maneuvering space of 22 feet. The applicant has indicated 25 feet behind the two parking spaces east of the home, as well as allowing for additional area so that the third on-site parking space is able to maneuver and exit in a forward manner. A concern was raised that the eastern parking space will disrupt privacy and pose health concerns to the adjacent home. Design Standard II-D-2 requires parking spaces abutting property lines be screened by a five foot landscape strip. The applicant meets this standard by providing a five foot landscaped strip the length of the eastern boundary line, consisting of five established trees with a DBH ranging from 8 to 20 inches; and layered screening plants that use low water and are fire-resistant, such as Evergreen Euonymus, Japanese Privet, and Oregon Grape. The two additional spaces east of the home will also be screened from the street by drought tolerant screening shrubs. A shared trash and recycling area will also be located east of the home and installed in accordance with screening standards of the Site Design and Use Standards. Staff believes that vegetative buffers have the benefit of attracting birds and other wildlife, provide variety in terms of color and texture, and can often cost less than traditional screening methods. Therefore, staff feels the proposed landscape screening satisfies the requirements established by the municipal code. The application did not provided a minimum size for the proposed screening landscape, therefore a condition has been added that the proposed buffer materials be a minimum of two gallons, and grows to a height of no less than five feet. A revised landscape plan that satisfies the requirements of the Site Design and Use Standards Water Conserving Landscaping Guidelines and Policies shall be submitted with the building permit. AMC 18.92.050 also provides the option of claiming an on-street parking credit for every 22 feet of uninterrupted curb directly abutting the property. The Jackson County plat maps shows the parcel having a street frontage of 100 feet, which would leave approximately 80 feet of uninterrupted curb minus the driveway approach abutting the property. The applicant has requested that one additional parking space be utilized as an on-street credit. Given the placement of the home on the lot and current parking configuration, the applicant has exceeded the minimum parking requirement by placing three spaces on-site and one on the street, which reduces the amount of unnecessary impervious surfaces on the lot. Accessory units in single-family zones are subject to a higher degree of review due to their potential impacts to established neighborhoods. Approval criteria for a Conditional Use Permit is established to ensure adequate capacity of public facilities are available to serve the use, and that no adverse impacts will affect the surrounding area. A concern was raised that east facing orientation of the unit's entrance will disrupt the privacy of the neighboring property, and not characteristic of the established neighborhood. The applicant's findings state thoughtful consideration was given to the location of the unit's entrance, figuring strongly was the desire to retain the look of single family home, thus maintaining the character with the neighborhood. The proposed entrance is 35 feet from the east property line, with existing landscaping and established parking space already serving as a buffer. However, the applicant has proposed to plant additional vegetation along the shared boundary line in order to serve as an added buffer in order to fill in and minimize any potential adverse effects of the additional unit. Exterior lighting will be directed downward to prevent glare onto adjoining properties. Staff believes that with the generous setback of the proposed unit to the neighboring property, plus the established and PA #2013-01354 650 Ashland SUMP Page 2 proposed landscape screening, that the proposed unit will not have a greater impact than a single- family residence. The established surrounding neighborhood has varying housing types ranging from early 20th Century to modern construction. The applicant asserts that the proposed addition preserves the historic integrity of the home by placing the addition in the rear, while taking advantage of the gently sloping topography and placing the ARU beneath the addition, thus complimenting the character of the neighborhood by maintaining the appearance of a Single Family home. The proposed addition will have siding, windows, trim, and paint colors matching the existing dwelling. Staff agrees that although not in the Historic District, that the proposed addition is consistent with the City's adopted Historic Design Standards, and sensitive to the neighborhood's established development pattern. Therefore, staff feels the proposed addition and ARU is similar in bulk and scale to comparable structures within the existing neighborhood, and compatible with the surrounding area, especially one located more than 70 feet from the street, and behind parking areas and landscape screening. The applicant has verified there are adequate utilities within the adjacent rights-of-way to serve both the proposed unit and the primary dwelling. Overhead electric exists on .the north side of Ashland Street, which will have a new service installed to serve the new unit. The applicant is also aware that an additional electric meter is required and has proposed to upgrade both meters. A concern was raised regarding the applicant's storm drainage plan. The proposed unit and subsequent improvements will increase the impervious surface of the lot by approximately 800 square feet, well below Public Work's threshold of 2,500 square feet at which storm drainage improvements are required. The applicant has proposed to demonstrate how storm water runoff will be mitigated at time of building permit. Therefore a condition has been added that an approved facility be indicated on building permit submittalals. The final criterion is that the proposed unit is to have no greater adverse material effect on the livability of the impact area compared to the target use of the zone (18.104.030.C). In this case, the target uses are residential uses in the surrounding neighborhood. The 14,000 square foot property is oversized for the R-1-10 zone, and is centrally located within the community, easily accessible to a variety of establishments and service, including Southern Oregon University and downtown. In Staff's opinion, the proposed accessory residential unit will have no greater adverse affect on the livability of the neighborhood than the target use of the property. Therefore, with the added conditions below, staff finds that the proposed unit would be in conformance with the standards of the R-1-10 zone, the requirements of the Conditional Use 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. PA #2013-01354 650 Ashland SUNUP Page 3 ~ YE C. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone: 1. Similarity in scale, bulk, and coverage. 2. -Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. 3. Architectural compatibility with the impact area. 4. Air quality, including the generation of dust, odors, or other environmental pollutants. 5. Generation of noise, light, and glare. 6. The development of adjacent properties as envisioned in the Comprehensive Plan. 7. Other factors found to be relevant by the Hearing Authority for review of the proposed use. The criteria for an Accessory Residential Unit are described in AMC Chapter 18.20.030.H, as follows: H. Accessory residential units, subject to the Type I procedure and criteria, and the following additional criteria: 1. The proposal must conform with the overall maximum lot coverage and setback requirements of the underlying zone. 2. The maximum number of dwelling units shall not exceed 2 per lot. 3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq, ft. GHFA. 4. Additional parking shall be in conformance with the off-street Parking provisions for single-family dwellings of this Title. The application with the attached conditions complies with all applicable City ordinances. Planning Action 2013-01354 is approved with the following conditions. Further, if any one or more of the following conditions are found to be invalid for any reason whatsoever, then Planning Action 2013-1354 is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant shall be conditions of approval unless otherwise modified here. 2) That the plans submitted for the building permit shall be in substantial conformance with those approved as part of this application. If the plans submitted for the building permit are not in substantial conformance with those approved as part of this application, an application to modify this Conditional Use Permit approval shall be submitted and approved prior to issuance of a building permit. 3) That 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 Ashland Street to install sidewalks and parkrows. 5) That building permit submittals shall include: PA #2013-01354 650 Ashland St. NT Page 4 k L a) That all necessary building permits, including permits for the new electrical service to the accessory residential unit, and system development charges for water, sewer, storm water, parks, and transportation shall be paid prior to the issuance of a building permit: b) Exterior lighting details demonstrating that the lights are appropriately shrouded, so there is no direct illumination of adjacent properties. c) That 22 feet of uninterrupted adjacent to the subject parcel be clearly indicated on the building plan as to claim the additional on-street parking credit. d) That a revised site and species-specific landscape plan be submitted in indicating plant materials be a minimum of two gallon size, and reaching a height of no less than five feet at time of maturity, in addition to irrigation schedule, that satisfies the requirements of the Site Design and Use Standards Water Conserving Landscaping Guidelines and Policies, with final approval from staff advisor. e) A shared trash and recycling enclosure will be located in east of the home and installed in accordance with screening standards of the Site Design and Use Standards. f) The proposed storm drainage improvements shall be submitted for review and approval to the City of Ashland Engineering Department. All construction within the public right of way require a separate Public Works permit which will be required before any work in the right of way begins. g) That no construction shall occur within the tree protection zone including storage of materials and parked vehicles. 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 in accordance with Ashland Electric Department requirements prior to issuance b) That screening vegetation be installed be installed along the east property line as indicated on the revised landscape plan. c) That a separate address for the accessory residential units shall be applied for approved 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. e) That the shared trash and recycling area be installed as indicated on approved plans, and installed in accordance with screening standards of the Site Design and Use Standards. f) That the bicycle parking area shall be installed as indicated on the approved plans. Maria Harris, Planning Manager Date Department of Community Development PA #2013-01354 650 Ashland SUMP 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 October 2, 2013 1 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for Planning Action #2013-01354, 650 Ashland St. NOD. a Signature of Employee Documend 101212013 PA-2013-01354 391 E16AB 1400 PA-2013-01354 391 E09DC 8100 PA-2013-01354 391 E16AB 1701 CHRISTLIEB NORMAN TRSTE COMMAND CAROL A CURRIE ALANNA C TRUSTEE 581 MORTON ST 635 ASHLAND ST 708 ASHLAND ST ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-01354 391 E09DC 8206 PA-2013-01354 391 E16AB 1700 PA-2013-01354 391 E16AB 2005 ENSIGN WALTER G JR/ELAINE C EVANS DEAN HALPRIN PATRICIA M 715 ASHLAND ST PO BOX 4723 606 ASHLAND ST ASHLAND OR 97520 SANTA BARBARA CA 93140 ASHLAND OR 97520 PA-2013-01354 391 E09DC 8204 PA-2013-01354 391 E16AB 1600 PA-2013-01354 391 E16AB 2007 JENSEN SCOTT R ET AL MARKS-LADD THOMAS MCCANDLESS DAVID 21480 MILES DR 720 ASHLAND ST F/PARTHENIA R WEST LINN OR 97068 ASHLAND OR 97520 602 ASHLAND ST ASHLAND OR 97520 PA-2013-01354 391 E09DC 8205 PA-2013-01354 391 E16AB 1800 PA-2013-01354 391 E09DC 8202 MCINTOSH CHRISTOPHER R MORGAN BONNIE K TRUSTEE MURRAY ROGER PG/ANNA A 1'026 LITHIA WAY 650 ASHLAND ST 695 ASHLAND ST TALENT OR 97540 ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-01354 391 E09DC 8200 PA-2013-01354 391 E16AB 2004 PA-2013-01354 391 E09DC 8201 PAD[LHA JUSSARA PIRASTEH HASSAN TRUSTEE RAYNOLDS DAVID A F TRUSTEE 660 PRACHT 582 ASHLAND ST 1136 ANDERSON CREEK RD ASHLAND OR 97520 ASHLAND OR 97520 TALENT OR 97540 PA-2013-01354 391 E09DC 8203 PA-2013-01354 391 E09DC 9700 PA-2013-01354 391 E16AB 1500 RUBENSON DANIEL L/ELLEN F TERBUSH CHARLES F/RUTH F TRAVIS RUTHI TRUSTEE FBO 710 PRACHT ST 5734 MOODY AVE 683 FORREST AVE ASHLAND OR 97520 CHICAGO IL 60646 ASHLAND OR 97520 PA-2013-01354 391 E16AB 1601 PA-2013-01354 391 E16AB 1900 PA-2013-01354 391 E16AB 2000 WILSON KENDALL P ET AL WOLFE PATRICIA J TRUSTEE YEREVAN LLC 561 MORTON ST 650 FOREST ST 1594 JACKSON RD ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-01354 391 E09DC 8000 PA-2013-01354 391 E09DC 7701 YORK ELIZABETH G ZUFICH-COX NANCY R/ROBERT PA-2013-01354 640 PRACHT ST ' J COX DEAN EVANS ASHLAND OR 97520 615 ASHLAND ST 698 ASHLAND STREET ASHLAND OR 97520 ASHLAND, OR 97520 10/02/2013 NOD F Z-5 - / - _ / h - - - - 1 i - -r t f •T ? - i 7L- - 4- - - - /V A7 --e ti,/J J v l _ - - j ~i - - - I 4: i a b6 ~ i - l t ell -r, - / 1,74 - v?~-fir` - o q1 r 70 • r 9 f_ 75 LA? Z, 1 _rx r - - - f / 001 rl - - - alde jr, c - - - cor '7- tq 77- - - - - - - C G - 4-7 U TZ- i 3 Planning Department, 51 Wink, , Way, Ashland, Oregon 97520 i >F 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 AND NOTICE OF APPLICATION PLANNING ACTION: PA-2013-01354 SUBJECT PROPERTY: 650 Ashland St. APPLICANT: Bonnie Morgan DESCRIPTION: A Conditional Use Permit approval request to construct a 704 square foot Accessory Residential Unit within a new addition for the property located at 650 Ashland St. COMPREHENSIVE PLAN DESIGNATION: Single-family Residential; ZONING: R-1-10; ASSESSOR'S MAP: 39 lE 16AB TAX LOTS: 18000 NOTICE OF COMPLETE APPLICATION: September 10, 2013 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: September 24, 2013 1 , t tt 1 ASHLAND ST f 1 I i i 3 I SUBJECT PROPERTY: 650 Ashland St. 39 1 E 16AB 18000 I b 1 N property ones are for reference onty, not -teabte 0 1020 40 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 fora 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. Wcomm-dev\planning\Planning Actions\Ms by Street\A\Ashland Street\AshlandStreet_650\Ashland_650_13-1354 NOC.docs CONDITIONAL USE PERMITS 18.104.050 Approval Criteria A conditional use permit shall be granted if the approval authority finds that the proposed use conforms, or can be made to conform through the imposition of conditions, with the following approval criteria. A. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. . B. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. C. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone: 1. Similarity in scale, bulk, and coverage. 2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. 3. Architectural compatibility with the impact area. 4. Air quality, including the generation of dust, odors, or other environmental pollutants. 5. Generation of noise, light, and glare. 6. The development of adjacent properties as envisioned in the Comprehensive Plan. 7. Other factors found to be relevant by the Hearing Authority for review of the proposed use. ACCESSORY RESIDENTIAL UNITS 18.20.030.H Approval Criteria H. Accessory residential units, subject to the Type I procedure and criteria, and the following additional criteria: 1. The proposal must conform with the overall maximum lot coverage and setback requirements of the underlying zone. 2. The maximum number of dwelling units shall not exceed 2 per lot. 3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on the lot, and shall not exceed 1000 sq. ft. GHFA. 4. Additional parking shall be in conformance with the off-street Parking provisions for single-family dwellings of this Title. i i i I Wcomm-dev\planning\Planning Actions\PAs by Street\AWshland StreetWshlandStreet_650Wshland_650_13-1354 MCA= PA-2013-01354 391 E16AB 1400 PA-2013-01354 391 E09DC 8100 PA-2013-01354 391 E16AB 1701 CHRISTLIEB NORMAN TRSTE COMMAND CAROL A CURRIE ALANNA C TRUSTEE 581 MORTON ST 635 ASHLAND ST 708 ASHLAND ST ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-01354 391 E09DC 8206 PA-2013-01354 391 E16AB 1700 PA-2013-01354 391 E16AB 2005 ENSIGN WALTER G JR/ELAINE C EVANS DEAN HALPRIN PATRICIA M 715 ASHLAND ST PO BOX 4723 606 ASHLAND ST ASHLAND OR 97520 SANTA BARBARA CA 93140 ASHLAND OR 97520 PA-2013-01354 391 E09DC 8204 PA-2013-01354 391 E16AB 1600 PA-2013-01354 391 E16AB 2007 JENSEN SCOTT R ET AL MARKS-LADD THOMAS MCCANDLESS DAVID 21480 MILES DR 720 ASHLAND ST 602 A ASHLAND D R ST WEST LINN OR 97068 ASHLAND OR 97520 60, ASHLAND OR 97520 PA-2013-01354 391 E09DC 8205 PA-2013-01354 391 E16AB 1800 PA-2013-01354 391 E09DC 8202 MCINTOSH CHRISTOPHER R MORGAN BONNIE K TRUSTEE MURRAY ROGER PG/ANNA A 1026 LITHIA WAY 650 ASHLAND ST 695 ASHLAND ST TALENT OR 97540 ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-01354 391 E09DC 8200 PA-2013-01354 391 E16AB 2004 PA-2013-01354 391 E09DC 8201 PADILHA JUSSARA PIRASTEH HASSAN TRUSTEE RAYNOLDS DAVID A F TRUSTEE 660 PRACHT 582 ASHLAND ST 1136 ANDERSON CREEK RD ASHLAND OR 97520 ASHLAND OR 97520 TALENT OR 97540 PA-2013-01354 391 E09DC 8203 PA-2013-01354 391 E09DC 9700 PA-2013-01354 391 E16AB 1500 RUBENSON DANIEL L/ELLEN F TERBUSH CHARLES F/RUTH F TRAVIS RUTHI TRUSTEE FBO 710 PRACHT ST 5734 MOODY AVE 683 FORREST AVE ASHLAND OR 97520 CHICAGO IL 60646 ASHLAND OR 97520 PA-2013-01354 391 E16AB 1601 PA-2013-01354 391 E16AB 1900 PA-2013-01354 391 E16AB 2000 WILSON KENDALL P ET AL WOLFE PATRICIA J TRUSTEE YEREVAN LLC 561 MORTON ST 650 FOREST ST 1594 JACKSON RD ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2013-01354 391 E09DC 7701 PA-2013-01354 391 E09DC 8000 YORK ELIZABETH G ZUFICH-COX NANCY R/ROBERT 23 640 PRACHT ST J COX 9/11/13 NO ASHLAND OR 97520 615 ASHLAND ST 650 Ashland St ASHLAND OR 97520 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 September 10, 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 #PA-2013-01354, 650 Ashland St. Signature of Employee G:lcomm-de4lanninglTemplateslTEMPLATE_Affidavit of Mailing_Planning Action Nofice.dot 9/1012013 Findings for Proposed U: Morgan Addition I have lived in my 1909 bungalow home for over 38 years. As a two bedroom home it has always felt like it could use a bit more space. In dreaming of additional living space, it made sense to consider including an ARU. First for my recently widowed 90 year old Dad (I would love to have him live near me) and secondly to give me options in the future as I gracefully "age.in place". I have thoughtfully tried to design the addition to have low impact on the existing house and neighborhood. Conditional Use Criteria The scale and design of the addition has been chosen to compliment the character of the neighborhood. The house addition is designed to preserve the integrity of the existing 1909 bungalow style home; first by placing the addition towards the back on the east side of the house and secondly by taking advantage of the gently sloping lot and placing the ARU under the new addition. By keeping the primary residence and ARU all under one roof the look of a single family home is preserved. Siding, windows, and trim will all be selected to be compatible with the existing house. The proposal conforms with all setback requirements and overall maximum lot coverage of the underlying zone (R-1-10). It is also in conformance with relevant comprehensive plan policies that are not implemented by any City, Sate, or Federal law or program. The property is currently served by a 6-in water main, a 6-in sanitary sewer main and 10-in storm sewer drain. All located in Ashland Street. According to Karl Johnson of the Engineering Department no additional street improvements, right of way dedications or Transportation Impact Analysis is required for this project. The potential for increased traffic and effects on surrounding streets will be eased by having three onsite parking places and one on the street, meeting the requirement for four parking places. Air quality should not be effected in anyway by this proposal. Exterior lighting pointing down, and landscape design will ease any generation of noise, light, and glare. Currently there are empty lots to the west and south side of the house zoned R-1-10. This project should not have any effect on their development. Accessory Residential Unit Criteria Lot Coverage The lot is 100 x 140 feet or 14,000 sq. ft. 40% of lot coverage is 5600 sq. ft. The house footprint including the proposed addition is 2767 sq. ft. The adding of sidewalks, driveway, parking, and patios equal an additional 2314 sq. ft. 2767 sq. ft. + 2314 sq. ft. = 5081 sq. ft. or 36% which is less than the maximum of 40% (5600 sq. ft.) lot coverage. GHFA The current primary dwelling is 1572 sq. ft., the addition will add 748 sq. ft. for a total GHFA of 2320 sq. ft. (primary dwelling). The ARU is planned for a GHFA of 704 sq. ft. making it less than the maximum 1000 sq. ft. and below the 50% (1,160 sq. ft.) of the primary residence. The maximum number of dwelling units will not exceed two. Site Design Use Standards Site improvements - Trash and recycling for the ARU will be added to the existing area used, as indicated on the site plan Trash/Recycling. Screening for the parking and trash/ recycling is a planting of fire resistant shrubs like Laurel. Bike Parking is a lockable two bike rack located on site plan adjacent to the ARU. Orientation The proposed ARU has an east west orientation with the entrance door facing the neighboring property to the east. Thoughtful consideration was given to the placement on the east side. Figuring strongly into the decision was the desire to retain the look of a single family home, keeping it in character with the neighborhood. The proposed entrance is a generous 35 ft. from the property line. The adjoining property line has about 80 ft. of driveway followed by 60 ft of tall fencing (the first 30 ft. is wood, the balance is wire with plastic tarps). The existing trees and parking space already create a buffer, but additional plantings are planned to fill in and minimize any potential adverse effects. Exterior lighting will be directed downward to prevent glare. Parking The proposed ARU is 704 sq. ft, requiring two additional parking spaces for a total of four. Currently there are two parking spaces available on site meeting the minimum setbacks (five feet from property lines, eight feet from structures) with a turnaround area (twenty two feet) for vehicles to exit in a forward manner. To lessen impact on the c adjacent neighbor a third spot would be developed eight feet from the primary residence by widening the existing parking spot. The fourth parking spot would be on the street. Fire Department Fire Marshall Margueritte Hickman indicated that an one hour firewall separation would be required vertically and horizontally for the ARU. Also if the ARU unit has a separate address that the address be at the street and at the entrance of the ARU. Also because the property is in the wildfire hazard zone implementation of a fire break is required following the guidelines in the brochure Firewise Landscaping in an Urban Setting. An inspection by the fire department will be required prior to the final occupancy. New Electric Service Dave Tygerson indicated we would need a double meter base to accommodate the ARU. Also the meter location needs to be lowered to meet the five foot requirement and shifted to the left to give it the required three foot clearance from the gas meter. t I Drainage Plan All storm drainage will be collected and directed underground with approved piping in accordance with City of Ashland Building Code. Neighborhood Outreach A majority of my adjacent neighbors support the CUP/ARU. One neighbor stated that he does not support the project. Landscape The existing natural landscape matches the residential neighborhood. It is made up of lawn area, with shrubs and mature trees. Three trees are located along the street meeting the one tree for each 30 feet of frontage requirement. The landscape is watered using hoses attached to TID water. I have no plans to use city water for landscape watering. Fuel reduction steps will be taken according to the brochure Firewise Landscaping in an Urban Setting, and any added plants will be fire resistant and drought resistant as suggested on the Ashland Saves Water website. Impermeable surfaces on the lot are 36% leaving the balance of 64% for landscape. New plantings of Laurel and/or other fire resistant shrubs are planned to screen the parking and trash/recycling area by the primary residence. Adding to what all ready exists, layered screening using low water, fire-resistant plants (such as Evergreen Euonymus, Japanese Privet, Aucuba, Osmanthus, Oregon Grape) is planned along the east property line. Perennials such as coneflower will be planted by the entrance of ARU. Open space for ARU includes a patio area and shared access to lawn area totaling 2346 sq. ft. (16%) meeting the 8% open space requirement. Conclusion I am excited about fulfilling my dream of increasing the livable space in my existing home while simultaneously providing a home for my father, potential part time caregiver, or another occupant. Having a generous sized lot greatly helps in meeting the ARU requirements as well as minimizing the impact on the neighborhood. I believe this project, a combined primary residence addition and ARU, will greatly enhance the overall property, and contribute to the Ashland community. pDU.l~FV2-. POW, AkV i oLt-TO axz r N ® AQ/ iS ®Q~ r~S + /VP a , ~ I PL .C A-f~ !2 ( t L,~-V Pf4R~K~t C t2; E yc.UNv- ,20 P814 3 Of MR IP w NJAV/A L~f V f rL 32' s, flsr~ We C-~, i rz ~ a r2r$t ®4sNl,4NDS 545-g (p50Sff/~1 S f~rCCS c%1I fA;P5~ 16A8 1:~Oc P f j ~ 2,o FEE T 3/4 Vi_tWTy MAP \.W1l E. e'4. SEC.16. T.34S.. RAE.. W., 1. =7 IT l6AB MCKS0\ rOrNITY ACHi.:\\D ~PcP.F- WY AIQT ` LSKL•1\U STRFLI FOREST cTnYFT 'I A ( ~'_C 1CC lnF\T _J =f r ~ a _ ;o IF 16AI4 ASHLAND i, t M6)e&AN AVD17-161V 650 ~fl~-A-n/~ Py'.p.~®S ~p A-,Ola 1Tl~ rte/ f; j r^ 4 S i j I 5,A5"T 511jE- 6 " AipP-ox, l4 fL M©,n 61HV ADD r7-ioN PROPOSED ADVITION 71 I~ - ~Ou.t 5I D~ , 4 pfe©Y-, ! t4 Ok&AN 4DOI7-1n/ i i 4 4 4} t Planning Division ZONING PERMIT APPLICATION CITY OF 51 Winburn Way; Ashland OR 97520 FILE # . ' d,613 - 61354- ASHLAND 541-488-5305 Fax 541-488-6006 DESCRIPTION OF PROJECT ZjQ1P_ 6-,-q/V AM/ % /DN ~ DESCRIPTION OF PROPERTY Pursuing LEED® Certification? ❑ YES ❑ NO Street Address _ 6,50 f}S U LlAW O ST Assessor's Map No, 39 1 E l ~P A Tax Lot(s) i~'o Zoning R / ° tJ Comp Plan Designation 5 / n 1 e- l`_1101 it u APPLICANT Name aahle. M0&9-ffN Phone Sys`~ga``016q E-Mail bbnon^ Aki ®peftdaor .CpxYl Address _ (o 5LO ZJ5 Ff LAN /J ST. City / 1.S/-f z"Yyvo Zip- PROPERTY OWNER Name Phone E-Mail Address City Zip SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER /v,¢ Title Name Phone E-Mail Address City Zip Title Name Phone E-Mail Address City Zip I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings,of fact, are in all respects, true and correct. I understand that all property pins must be.shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their location found to be incorrect, the owner assumes full responsibility. I further understand that if this request is subsequently contested, the burden will be on me to . establish: 1) that I produced sufficient factual evidence at the hearing to support this request; .2) that the findings of fact furnished justifies the granting of the request; 3) that the findings of fact furnished by me are adequate; and further 4) that afl structures or improvements are properly located on the ground. Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to be removed at my expense: If I have any doubts, l am advised to seek competent professional advice and assistance. 13 Applicant's Signature Date ' As owner of the property involved in this request, i have read and understood the complete application and its consequences tome as a property owner. 16 Property Owners Signatur required) Date [To be completed by City Sfaflj Date Received Zoning Permit Type Filing Fee $ (O r OVER 0 G:lcamm-devlplanningTorms & fieadomslZaning Permit Applicatioadoc Job Address: 650 ASHLAND ST Contractor: ASHLAND OR 97520 Address: C A Owner's Name: BONNIE MORGAN O Phone: P Customer 07460 N State Lic No: L T City Lic No; P BONNIE MORGAN Applicant: 650 ASHLAND ST R Address. ASHLAND OR 97520 A C C Sub-Contractor: A Phone: (541) 482-8969 T Address: N Applied: 09/06/2013 0 T Issued: Expires: 03/05/2014 R Phone: State Lic No: Maplot: 391 E16AB1800 City Lic No: DESCRIPTION: CUP for ARU VALUATION Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description Total for Valuation: MECHANICAL ELECTRICAL STRUCTURAL PERMIT FEE DETAIL Fee Description Amount Fee Description Amount CUP Accessory Residential 649.00 CONDITIONS OF APPROVAL 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 OF ASHLAND