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HomeMy WebLinkAboutOhio_215_PA-2014-01033 ti C I T Y F ASHLAND July 10, 2014 Notice of Final Decision On July 10, 2014, the Community Development Director approved the request for the following: Planning Action: 2014-01033 Subject Property: 215 Ohio St. Applicant: Urban Development Services Description: A request for an Exception to Street Standards to locate a front-loaded garage and driveway approach when an alley is present for the property located at 215 Ohio St. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; ASSESSOR'S MAP: 39 lE 04CB; TAX LOT: 2101; 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. i If you have any questions regarding this decision, please contact Michael Piiia in the Community Development Department at (541) 488-5305. l cc: Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 ` w`vw.ashiand or.us l 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(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 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: 541A88-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 r www,ashland.or,u-s C - ; 4 ASHLAND PLANNING COMMISSION FINDINGS & ORDERS PLANNING ACTION: PA-2014-01033 SUBJECT PROPERTY: 215 Ohio St. APPLICANT: Urban Development Services OWNERS: Victor and Eileen Chieco DESCRIPTION: A request for an Exception to Street Standards to locate a front-loaded garage'and driveway approach when an alley is present for the property located at 215 Ohio St. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-5; ASSESSOR'S MAP: 39 lE 04CB; TAX LOT: 2101 SUBMITTAL DATE: June 16, 2014 DEEMED COMPLETE DATE: June 18, 2014 STAFF APPROVAL DATE: July 10, 2014 APPEAL DEADLINE: July 22, 2014 July 22, 2015 APPROVAL EXPIRATION DATE: DECISION The subject property is located south of Orange Street, west of Laurel Street, on the unimproved portion of Ohio Street before it dead-ends into the railroad right-of-way. The approximate 10,088 square foot lot is zoned R-1-5, Single-Family Residential, and currently contains a dilapidated 892 square foot single family home constructed in 1905, and an approximate 430 square foot outbuilding which is scheduled to be demolished and replaced with a single family home. A demolition permit has been submitted to the city and was granted approval on June 24, 2014. notes driveway The Request is for an Exception to Street Standards to locate a front-loaded e Standand approach when~an alley is present for the property. Section VI-5 of the City's Sere that if a property has alley access, then a cub cut for a driveway apron is not permitted. This section of Ohio Street has aright-of--way width of approximately 58 eetand street trees. The ad to City north standards, lacking an. approved driving surface, curbs, gutters, park-rows of this and the adjacent property to the west has a right-of-way width of 16-feet, and is also unimproved. shrubs, trees and debris within the right-of- and blocked by unpermitted encroachments such as fences, the east of theparcel, approximately 155, way for approximately 145 feet. The remainder of the alley to is also unimproved but is open to vehicular traffic. The applicant's findings note that due to the fact the alley has never been "opened" by any of the adjacent properties, it has been subsequently encroached upon by vegetation and debris. Additionally, the applicant contends there is a demonstrable difficulty in meeting the City's access standards, and including obtaining services for encroachment removal and civil engineering for paving, grading the drainage, as compared to a like-for-like replacement of a singgl family home. ome. trtherm r will nopr salt exists a and t motes that the proposal will result in equal facilities as compared-to in'any significant transportation changes. Due to the development pattern of the neighborhood; virtually . every home adjacent to the alley has been approved with front loaded access. PA 92014-01033 215 Ohio SUNT Page 1 In considering the request, staff believes this unique circumstance is not common within the City, and the development history of the neighborhood is an extraordinary exception in meeting the standards, especially compared to the proportional relationship of the request, and the potential for adverse impacts to the adjacentneighbors. Therefore, staff approves the Exception to Street Standards. However, staff also believes that this does not preclude any future development to provide access via the alley, therefore will require as a condition of approval that any future intensification of the property utilize the alley and improve to City standards. Furthermore, that the applicant sign in favor of an LID for future improvements to Ohio Street prior to certificate of occupancy of the new home. The criteria for an EXCEPTION TO STREET STANDARDS as described in AMC Chapter 18.88.050.F as follows: An exception to the. Street Standards is not subject to the Variance requirements of section 18.100 and may be granted with respect to the Street Standards in 18.88.050 if all of the following circumstances are found to exist: A. There Js demonstrable difficulty in meeting the specific requirements of this chapter due to a unique *or unusual aspect of the site or proposed use of the site. B. The variance will result in equal or superior transportation facilities and connectivity; C. The variance is the minimum necessary to alleviate the difficulty; and D. The variance is consistent with the stated Purpose and Intent of the Performance Standards Options Chapter. (ORD 2951, 2008; ORD 2836, 1999) Planning Action 2014-01033 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 2014- 01033 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 property owner shall sign in favor of a Local Improvement District (LID) for the future street improvements to Ohio Street and the pubic alley prior to issuance of the certificate of occupancy of the new home. i 3) That any future Accessory Residential Unit must improve the alley to City Standards to and through the property. i i 41olna re or D to Community Development i PA #2014-01033 215 Ohio SUMP Page 2 Ecopriendly Easy Peel@ Labels . A I Bend along line to ® lCrl '[7W®48460TM' Use Avery© Template 51600 Feed Paper - expose Pop-up Edger"' ' PA-2014-01033 391 E04CB 1312 PA-2014-01033 391 E04CB 1400 PA-2014-01033 391 E04CB 1500 SHARPLES NATHAN ET AL KOVTUNOVICH MARILYN E TRUSTEE ET LEYDEN GENE KING 43600 COMPTCHE-UHIAH RD AL 265 OHIO ST MENDOCINO, CA 95460 276 ALMOND ST ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-01033 391 E04CB 1501 PA-2014-01033 391 E04CB 1600 PA-2014-01033 391 E04CB 1700 LEE HAROLD E/LINDA PIKE THOMAS ET AL FALKNER ELLEN S TRUSTEE ET AL 258 ORANGE ST 248 ORANGE AVE 240 ORANGE AVE ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-01033 391 E04CB 1800 PA-2014-01033 391 E04CB 1900 PA-2014-01033 391 E04CB 2000 SAHLI GARTH W GOTTFRIED HERKIMER J/SHIKHA G BENSON NEIL A/DIANE M 399 N LAUREL ST 3920 NW JAMESON DR 363 N LAUREL ST ASHLAND, OR.97520 CORVALLIS, OR 97330 ASHLAND, OR 97520 PA-2014-01033 391 E04CB 2001 PA-2014-01033 391 E04CB 2100 PA-2014-01033 391 E04CB 2200 RALSTON DAVID SOUZA JANERO J TRUSTEE ET AL CHIECO VICTOR/EILEEN 369 N LAUREL ST 370 MCBROWN RD 1000 FRANK HILL RD ASHLAND, OR 97520 PETALUMA, CA 94952 ASHLAND, OR 97520 i PA-2014-01033 391 E04CB 2201 PA-2014-01033 391 E04CB 2500 PA-2014-01033 391 E04CB 2501 FINNEY ROSS/DENISE LEVASHEFF DORINDA CANAL SHEILA/MEL 225 OHIO ST 4523 CARPINTERIA AVE G 240 OHIO ST ASHLAND, OR 97520 CARPINTERIA, CA 93013 ASHLAND, OR 97520 PA-2014-01033 391 E04CB 2502 PA-2014-01033 391 E04CB 2503 PA-2014-01033 391 E04CB 2600 MCKINNEY RICHARD 0 TRUSTEE ET AL CANAL SHEILA/MEL MCBRIDE JUDITH ANNETRUSTEE ET AL 117 EIGHTH ST 240 OHIO ST 323 N LAUREL ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-01033 391 E04CB 2601 -ON do fA SYV PYEATT-BONDU RANT JACQUELYN • 4~ ~ W, KfN&t"" 215 OHIO PO BOX 354jS~~~` 07/10/2014 NOD ASHLAND, OR 97520 21 11yo Etiquettes faciles a peter Repliez a la hachure afin de { www averycom Utilisez le abarit AVERY@ 5160® Sens de reveler le rebord Po -u Mc ' 1-800-GO-AVERY ' 9 1 chargemenf p p i AFFIDAVIT OF MAILING STATE OF OREGON ) County of Jackson ) The undersigned being first duly sworn states that: 1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On June 10, 2014 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 #2014-01033, 215 Ohio St. Signature of Employee i i Documentt 7/9/2014 - \ Planning Department, 51 Winburn Way, Ashland, Oregon 97520 C I T Y E 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY; 1-800-735-2900 ASHLAND NOTICE OF APPLICATION PLANNING ACTION: PA-2014-01033 SUBJECT PROPERTY: 215 Ohio OWNER/APPLICANT: Chieco/Magnolia Fine Homes DESCRIPTION: A request for an Exception to Street Standards to locate a front-loaded garage and driveway approach when an alley is present for the property located at 215 Ohio St. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-5; ASSESSOR'S MAP: 39 1 E 04CB; TAX LOT: 2101; NOTICE OF COMPLETE APPLICATION: June 18, 2014 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: July 2, 2014 SUBJECT PF20PE=F2TY: 240 7 215 OhioSt- 391 E_ 04CB 2101 2G5 >r 387 225 . " 215 360 211 C 240 363 212 r 200 O 15 30 60 Faet The Ashland Planning Division Staff has received a complete application for the property noted above. Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above, Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal, Upon determination of completeness, a notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staffs decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.108.040) The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court. A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services Building, 51 Winburn Way, Ashland, Oregon 97520. If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305. G:\conun-dev\planning\Planning Actions\Noticing FolderWailed Notices & Signs\2014\PA-2014-01033.doc.docx a EXCEPTION TO STREET STANDAF i 18.88.050 F - Exception to Street Star Bards An exception to the Street Standards is not subject to the Variance requirements of section 18.100 and may be granted with respect to the Street Standards in 18.88.050 if all of the following circumstances are found to exist: A. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. B. The variance will result in equal or superior transportation facilities and connectivity; C. The variance is the minimum necessary to alleviate the difficulty; and D. The variance is consistent with the stated Purpose and Intent of the Performance Standards Options Chapter. (ORD 2951, 2008; ORD 2836, 1999) i Wcomm-dev\planning\Planning Actions\Noticing Folder WaltedNotices & Signs\2014\PA-2014-01033.doc.docx zest i~n A113Ab°09°008°L ,wdn-dod paogaa al aalanaa ;uatusNeW) r @09LS AU3AV llaeqe6 a( I. ap sues ® wowAim n mm ; op up arng3e4 el q zalldaa i , waled a solpe; ssuef&~:3 PA-2014-01033 391 E04CB 1312 PA-2014-01033 391 E04CB 1400 PA-2014-01033 391 E04CB 1500 SHARPLES NATHAN ET AL KOVTUNOVICH MARILYN E TRUSTEE ET LEYDEN GENE KING 43600 COMPTCHE-UHIAH RD AL 265 OHIO ST MENDOCINO, CA 95460 276 ALMOND ST ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-01033 391 E04CB 1501 _ PA-2014-01033 391 E04CB 1600 PA-2014-01033 391 E04CB 1700 LEE HAROLD E/LINDA PIKE THOMAS ET AL FALKNER ELLEN S TRUSTEE ET AL 258 ORANGE ST 248 ORANGE AVE 240 ORANGE AVE ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-01033 391 E04CB 1800 PA-2014-01033 391 E04CB 1900 PA-2014-01033 391 E04CB 2000 SAHLI GARTH W GOTTFRIED HERKIMER J/SHIKHA G BENSON NEIL A/DIANE M 399 N LAUREL ST 3920 NW JAMESON DR 363 N LAUREL ST ASHLAND, OR 97520 CORVALLIS, OR 97330 ASHLAND, OR 97520 PA-2014-01033 391 E04CB 2001 PA-2014-01033 391 E04CB 2100 PA-2014-01033 391 E04CB 2200 RALSTON DAVID SOUZA JANERO J TRUSTEE ET AL CHIECO VICTOR/EILEEN 369 N LAUREL ST 370 MCBROWN RD 1000 FRANK HILL RD ASHLAND, OR 97520 PETALUMA, CA 94952 ASHLAND, OR 97520 PA-2014-01033 391 E04CB 2201 PA-2014-01033 391 E04CB 2500 PA-2014-01033 391 E04CB 2501 FINNEY ROSS/DENISE LEVASHEFF DORINDA CANAL SHEILA/MEL 225 OHIO ST 4523 CARPINTERIA AVE G 240 OHIO ST ASHLAND, OR 97520 CARPINTERIA, CA 93013 ASHLAND, OR 97520 PA-2014-01033 391 E04CB 2502 PA-2014-01033 391 E04CB 2503 PA-2014-01033 391 E04CB 2600 MCKINNEY RICHARD 0 TRUSTEE ET AL CANAL SHEILA/MEL MCBRIDE JUDITH ANNE TRUSTEE ET AL 117 EIGHTH ST 240 OHIO ST 323 N LAUREL ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2014-01033 391 E04CB 2601 PA-2014-01033 391 E04CB 2600 PYEATT-BONDU RANT JACQUELYN Ma,11 ki kMts; 215 OHIO PO BOX 354 2532 Otc( viA)J 06/18/2014 NOC ASHLAND, OR 97520 21 PA-2014-01033 391 E04CB 2601 Wbt(n 1Devekpfq ~ Srv, qb5 W. NevgAr- ~s~iQ,~ci, c~ ~175~.v T r wl96P3 do-dod asodxa jaded paaJ r ®09Ls aleldwq @fueAd asn ,wi091?317® I o;aaull 6uole puce i slagLq ®laad Ase3 AlpualaA033 MV v ' k ~~fl1 6 I ISO$ 160 104 1-312 M-- 1200 2-too 2"t i i 200 2503 1 21 2402 t 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 June 18, 2014 1 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for Planning Action #PA-2014-01033, 215 Ohio St. igQ ture of Employee DocumeW 6/18/2014 I 4JURBANDEVELOPMENT SERVICES, LLC LAND USE PLANNING AND DEVELOPMENT SERVICES June 16, 2014 City of Ashland Attn: Michael Pina 51 Winburn Way Ashland, OR 97520 Subject: 215 Ohio Street, Street Exception to Street Standards Application Please find attached the application fee and response to the criteria for an Exception to the City of Ashland's Street Standards for the applicant, Gil Livni, and the property at 215 Ohio Street, Ashland. The subject property has an existing dilapidated single family residence, constructed in 1905 according to Jackson County Assessor records, scheduled to be demolished and replaced with a new single family residence. A Demolition Permit has been submitted to the City of Ashland and approved, but the new home's Building Permits are pending the outcome of this action. The purpose of the application is to seek approval for an Exception to the City of Ashland's adopted Street Design Standards, Chapter VI, Driveway Apron and Curb Cuts, Section 5, where it states: 5. Alley Access: If a property has alley access, a curb cut for a driveway apron is not permitted In this particular instance, the subject property does lay adjacent to a public alley, but the alley is not improved, nor has apparently ever been used as the property's vehicular access. In looking at the Jackson County Assessor Maps, Google Earth Images and an on-site reconnaissance, the alley's right of way is 16' and 300' in length, from Laurel Street to a second alley that then connects Orange and Ohio Streets (see map insert below). The alley is used by a couple of the neighboring properties near its Laurel Street entrance, but does not extend through and is generally encumbered by encroaching fences, trees, shrubs and debris. Furthermore, the alley appears to have never been maintained or accommodated with provisions for drainage. Nevertheless, the existing house, as well as the new proposed house, takes its vehicular access from Ohio Street as the alley is not open or improved to the property's boundary. In fact, this circumstance is pretty common for this section of Ohio Street as virtually all of the homes use Ohio Street for their primary vehicular access. Second Alley (open) , Subject Alley (closed) Subject Property Al I North -7--1 71k4' subject Alley Trees, cars, fences, shrubs,_ debris, etc. '(within alley ; right-of-way) r Suhj(~ct Property j Subject Property Photos (215 Ohio Street) a. ITT 77, 01 1 _ 40 j aR . J Looking northwest fi-oin Ohio Street ,r. ,s f t S, t . G r .i ti - a x~. _v Looking northeast fi•onz Ohio Street 4 i Alley Photos - w r fy IZ~I. ,3.H~ 1'. I~ yyvL " 4 .f - Partial Alley (looking west from Laurel Street) 1 I f ` I ~ S^ { 1 W ~ 1 t4 IN ~ k _ t Partial Alley (looking west) l Alley Photos W.-~ yl4 1vV. _ 4 ~4 ti9 t ~a fi. A t t , ~.yp... rM } a. }Y ~ ~Tr` yM Partial Alley (looking west- tree and large branch encroachments) fr ;I Partial Alley (looking east) Ohio Street Neighboring Property Photos a d lie, ~y fK b x i Yom. Y ,~Y !ti' J Neighbor to the West ty} +tii s5- f # W a - - 'r+ a -_m - " Neighbor to the East In accordance with provisions of the Procedures Chapter of the Ashland Municipal Code, Chapter 18.108.040, Type I Procedures, and the Exception to Street Standards, Chapter 18.88.050 F., the applicant desires to seek approval for an Exception to the City of Ashland's adopted Street Design Standards, Chapter VI, Driveway Apron and Curb Cuts, Section 5, in order to not take vehicular access off of the unimproved alley, but instead to continue to utilize the abutting Orange Street right-of-way. The applicable criterion for the request is noted below in bold font, followed by the applicant's response in "regular" font. 18.88.050 F. Exception to Street Standards. An exception to the Street Standards is not subject to the Variance requirements of section 18.100 and may be granted with respect to the Street Standards in 18.88.050 if all of the following circumstances are found to exist: A. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. The unique or unusual aspect of the site is the subject adjacent alley is public right-of-way that has never been opened or improved by either the City of Ashland or adjoining property owners. Due to this inactivity, the alley has been populated with trees, shrubs, fences, parking areas, storage etc., and has generally been claimed by the adjoining property owners for landscaping, storage, parking, etc. A couple of the adjoining property owners use the alley for access, but it appears to be the exception. Under the circumstances and the disruption that would now be involved, the applicant contends there is a demonstrable difficulty in meeting the access standard, especially when vehicular access currently extends from the Ohio Street right-of-way. Further, the expense and unknown liabilities to the applicant are potentially significant when compared to the applicant's proposal of replacing the existing house with a new house when the driveway access is virtually unchanged. In this vein, the applicant sees no proportional relationship with the request vs. the alley's improvements which would include Civil Engineering for grading and drainage as well as an Arborist report and possible mitigation measures to preserve the encroaching trees. B. The variance will result in equal or superior transportation facilities and connectivity; The variance will result in an equal facilities and connections when compared to what exists today as no changes are proposed. Considering the adjoining lots have been developed and transportation patterns and connections determined, the alley's improvements would not result in any significant transportation changes. Considering the location of the subject property within the middle of the block and possible destination routes in the vicinity, the residents of the proposed house would still continue to utilize Ohio Street as the most common travel route. C. The variance is the minimum necessary to alleviate the difficulty; and The variance is the minimum necessary to alleviate the difficulty. No additional variances or exceptions are being applied for. D. The variance is consistent with the stated Purpose and Intent of the Performance Standards Options Chapter. In the applicant's opinion, the variance is consistent with the stated Purpose and Intent of the Performance Standards Options Chapter where it states: 18.88.010 Purpose and Intent - The put pose and intent of this Chapter is to allow an option for more flexible design than is permissible tinder the conventional zoning codes. The design should stress energy efficiency, architectural creativity and innovation, use the natural features of the landscape to their greatest advantage, provide a quality of life equal to or greater than that provided in developments built under the standard zoning codes, be aesthetically pleasing, provide for more efficient land use, and reduce the impact of development on the natural environment and neighborhood. In general, the applicant is in a difficult position in that improvements to the subject alley would likely infuriate adjoining residences due to the fact the alley's improvements would most definitely result in tree removals, fence removals, change of neighborhood character, etc. In the applicant's opinion, the Exception request addresses the Purpose and Intent statement of the Performance Standards Options Chapter as the disruption that would be incurred with the alley's improvements, especially at this period neighborhood's development, would not "provide a quality of life equal to or greater than that provided in developments built tinder the standard zoning codes, be aesthetically pleasing, provide for more efficient land use, and reduce the impact of development on the natural environment and neighborhood " Further, the applicant contends the proposed house, with its articulated front elevation and recessed garage fagade, is architecturally creative and promotes a design that is contextually fitting for the neighborhood. ' ZONING PERMIT APPLICATION Planning Division 51 Winburn Way; Ashland OR 97520 FILE # c t r r o 541-488-5305 Fax 541-488-6006 l 016a3 ASHLAND . DESCRIPTION OF PROJECT DESCRIPTION OF PROPERTY Pursuing LEED® Certification? 0 YES ❑ NO Street Address Assessor's Map No. 391 E Tax Lot(s) Zoning tl 1-1 Comp Plan Designation v APPLICANT Name Phone E-Mail Address City Zip' PROPERTY OWNER Name Phone E-Mail Address City Zip SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER Title Name Phone: E-Mail Address City Zip Title Name Phone E-Mail Address City Zip 1 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, 1 understand that all property pins must be.shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their location found to be incorrect, the owner assumes full responsibility. 1 further understand that if this request is subsequently contested, the burden' will be on me to . establish: 1) that 1 produced sufficient factual evidence at the hearing to support this request 2) that the findings of fact furnished justifies the granting of the request; 3) that the findings. of fact furnished by me are adequate; and further 4) that all structures or improvements are properly located on the ground, Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to be removed at my expense, If I have any doubts, I am advised to seek competent professional advice and assistance, Applicant's Signature Date As owner of the property involved in this request, l have read and understood the complete application and.its consequences to me as a property owner. ~c ~Ll Property .ner's 'gnature (required) Date [ro be completed by GQy SIaA[ Date Received Zoning Permit Type I ( I Filing Fee $ ✓ `t~ _ -r . OVER 0 Job Address: 215 OHIO ST Contractor: ASHLAND OR 97520 Address: C P Owner's Name: EILEEN/VICTOR CHIECO O Phone: R Customer 07427 N State Lic No: L MAGNOLIA FINE HOMES T City Lic No: L Applicant: R Address: A C C Sub-Contractor: A Phone: T Address: N Applied: 06/16/2014 O T Issued: Expires: 12/13/2014 R Phone: State Lic No: Maplot: 391 E04CB2200 City Lic No: DESCRIPTION: Exception to Street Standrds for front loaded access when alley is present. 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 Conditional Use Permit Type 1 998.00 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 F I I hereby certify the contents of this application to be correct to the best of my knowledge, and furthermore, that I have read, Fee Summary Paid Amounts understood and agreed to the following: Building: $ 0.00 $ 0.00 1. This permit shall remain valid only in accordance with code State Surcharge: $ 0.00 $ 0.00 or regulation provisions relating to time lapse and revocation Development Fees: $ 0.00 $ 0.00 (180 days). 2. Work shall not proceed past approved inspection stage. All Systems Development Charges: $ 0.00 $ 0.00 required inspections shall be called for 24 hours in advance. Utility Connection Fees: $ 0.00 $ 0.00 3. Any modifications in plans or work shall be reported in advance to the department. Public Works Fees: $ 0.00 $ 0.00 4. Responsibility for complying with all applicable federal, state, Planning Fees: $ 998.00 $ 998.00 or local laws, ordinances, or regulations rests solely with the applicant. Sub-Total: $ 998.00 app Fees Paid: $ 998.00 Applicant Date Total Amount Due: $ 0 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 CI'T'Y F Inspection Request Line: 541-552-2080