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HomeMy WebLinkAboutNinth_288_PA-2014-00326 m ~ CITY 0-- '.')A May 8, 2014 Notice of Final Decision On May 8, 2014, the Community Development Director approved the request for the following: Planning Action: PA-2014-0326 Subject Property: 288 Ninth Street Applicant: DA Boldt Construction Description: A request for a variance to reduce the required 20-foot rear-yard setback to 10-feet, 9-inches and allow the construction of a 512 square foot second story addition above the 988 square foot residence located at 288 Ninth Street. COMPREHENSIVE PLAN DESIGNATION: High Density Multi-Family Residential; ZONING: R-3; The Community Development Director's decision becomes final and is effective on the 131' 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 Amy Gunter in the Community Development Department at (541) 488-5305. cc: Sheldon & George Luz Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541A88-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland,or.us ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA-2014-0326 SUBJECT PROPERTY: 288 Ninth Street APPLICANT: DA Boldt Construction DESCRIPTION: A request for a variance to reduce the required 20-foot rear-yard setback to 10-feet, 9-inches and allow the construction of a 512 square foot second story addition above the 988 square foot residence located at 288 Ninth Street. COMPREHENSIVE PLAN DESIGNATION: High Density Multi-Family Residential; ZONING: R- 3; ASSESSOR'S MAP: 39 lE 09AA TAX LOTS: 2201 SUBMITTAL DATE: March 6, 2014, DEEMED COMPLETE DATE: March 21, 2014 STAFF APPROVAL DATE: May 8, 2014 FINAL DECISION DATE: May 20, 2014 APPROVAL EXPIRATION DATE: May 20, 2015 DECISION The subject property is located at the north end of the Ninth Street Alley which connects, between B and Eighth Streets. The property is rectangular, 39.02 X 54.10 with an approximate area of 2,110 square feet. The lot is part of the Ninth Street Alley Performance Standards Subdivision which was approved in 1995 (PA95-044). A portion of the Ninth Street Alley subdivision is to the west of the subject site, beyond that is Railroad Park. A small open space for the Geneva Park Subdivision is to the north and northeast of the subject site and beyond that are the railroad tracks. To the southeast is a single family home. The subject site and the adjacent properties are zoned R-3, High Density Multi-Family Residential. There is an approximately four percent slope to the north. There is a 24-inch DBH deciduous tree to the southwest of the residence. The subject site currently has a 988 square foot single story residence with a single vehicle garage. Adjacent to the garage is a single vehicle surfaced parking space. The residence was constructed in 1996. The application is a request to construct a 512 square foot second story addition on the southeastern half of the existing residence. The application requests,a variance to the required rear-yard setback of ten feet by proposing the new addition to be setback ten-feet, nine-inches from the north property line. The addition is proposed to have the same low-pitched roof line as the existing structure and to be 24-feet to the peak. The maximum height in the zone is 35-feet. The proposed addition also complies with the required solar setback ordinance. The north lot line for the purposes of calculating the solar setback ordinance is on the far north side of the railroad tracks, approximately 65-feet to the north. The adjacent open space to the north is permitted to be shaded by the subject site development due to the definition of the north property line as defined in the solar setback ordinance. No additional lot coverage is being created with the proposed addition. PA #2014-00326 288 Ninth Streetladg Page 1 The parcel directly to the north is a triangular shaped long, narrow open space associated with the Geneva Park Subdivision which is to the west of the Ninth Street Alley. The open space is partially developed in the vicinity of the subject site with a small garden area. The open'space has a pool further to the east. The lot is wider than it is deep which poses constraints on the building setbacks and is a unique circumstance. The layout of the lot is not self imposed. Additionally, a residential lot of such a small area that is adjacent to the open spaces of two subdivisions, the bike path, a public park and the railroad is unique and unusual. The impact of the proposed second story will not be impacting any'adjacent private yard area. The nearest rear yard is across the railroad tracks. There will not be additional negative impact from the addition on the adjacent open space than already exists. The subdivision to the east, Geneva Park has a swimming pool in their open space. All of the residences in the Geneva Park Subdivision which abut their open space are also two story residences. The impacts of the proposed addition will not negatively affect the bike path as the adjacent property to the east has two story residences approximately ten feet from the rear property line. The benefits of the proposal are an adaptable living space and according to the applicant's findings, increased property value and property use. The addition is not impacting another properties private rear yard area. The nearest adjacent rear yard is across the railroad tracks. A setback variance is necessary in order to accommodate a reasonably sized enlargement of a small scale residence. Public Comments: Comments were received from the public during the 14-day comment period. The comments expressed concerns regarding the shadow from the second story addition shading the adjacent subdivisions open space and the open space amenities, garden area and pool. Another concern raised was in regards to construction staging and contractor parking and its impacts on the property owners on Eighth Street. This is outside of the purview of land use but the message was relayed to the contractor and property owner and they are aware of the concern. Conclusion: Staff has found that the applicant has addressed the criteria for the request for the variance to the rear yard setback criteria and the request complies with the criteria. The application, accompanied by the attached conditions meets all applicable criteria for approval for a Variance to the rear yard setback. The criteria for a Variance are described in AMC Chapter 18.100.020, as follows: A. That there are unique or unusual circumstances which apply to this site which do not typically apply elsewhere. B. That the proposal's benefits will be greater than any negative impacts on the development of the adjacent uses; and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City. (Ord. 2425 SI, 1987). PA #2014-00326 288 Ninth Streetladg Page 2 C That the circumstances of° conditions have not been mdllfully or purposely self-imposed. (Ord. 2775, 1996) Planning Action 2014-00326 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- 00326 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 building permit submittals shall include: a) 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 the approval shall be submitted and approved prior to issuance of a building permit. b) Solar setback calculations demonstrating that all new construction complies with Solar Setback Standard B in the formula [(Height - 16)/(0.445 + Slope) = Required Solar Setback] and elevations or cross section drawings clearly identifying the highest shadow producing point(s) and their height(s) from the identified natural grade. c) That all exterior lighting shall be directed on the property and shall not directly illuminate adjacent proprieties. Light fixture type and placement shall be clearly identified in the building plan submittals. d) That all construction material staging shall occur on the property. i ill Molnar Director Date Departm t of Community Development PA #2014-00326 288 Ninth Street/adg Page 3 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 8, 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-2014-00326, 288 Ninth Street. Signature of Employee I Documend 519/2014 I i Amy Gunter From: Alan Adleman [uncleal25@charter.net] Sent: Friday, April 04, 2014 2:04 PM To: amy.gunter@ashland.or.us Subject: 288 Ninth Street alley remodel To the Planning Dept./ City of Ashland My name is Alan Adleman, 886 "A" St., Ashland OR. I am writing this letter in reference to 288 Ninth St. second story addition. It's already too crowded in there. Each house has a garage and a parking spot, but most residents use their garage for storage. Parking is a big issue on 8th & A St. I never know if I can park at my house, because owners or visitors park on 8th or "A" St. where I live. Sometimes they park their cars or trucks for weeks at a time. What's going to happen when materials and workers take up more space. "A" St. has a lot of traffic now,... it's an accident waiting to happen. Please take this into consideration when deciding the application. Also, historically speaking, the Golden Spike was driven in just 100 feet away. At sometime it should be recognized, and protected. You have a very historical place right next to a high density multi-family residential zone. Thank you for listening, Alan Adleman I r` F 1 f F f f f Geneva Park Homeowners' Association 975 B Street Ashland OR 97520 April 2, 2014 Amy Gunter Assistant Planner Department of Community Development City of Ashland 51 Winburn Way Ashland OR 97520 Re: Planning Action PA-2014-00326, 288 Ninth Street Alley Dear Ms. Gunter: The Board of Directors of the Geneva Park Homeowners' Association have concerns with the proposed second story addition to the home at 288 Ninth Street Alley, which is adjacent to the Geneva Park complex. These are our concerns per the variance requirements: A. There are no unique or unusual circumstances that require this addition to diminish the required 20 foot setback for a two story home. The developer obtained legal permission to build a one-story home with the required setback of only 10 feet. This variance application is a circumvention of the setback ordinance intent after the fact. Can homeowners circumvent the approval process with incremental construction? The conformance with current regulations does not diminish the current value of the home. The siting of the addition over the garage is a less expensive and less disruptive solution for the homeowner. It is doubtful that the same arguments for unique circumstances would have been applied if the existing garage were on the opposite end of the home, tree or no tree, park or no park. B. The benefits of the second floor to the resident are obvious. The negative impact of solar shading of an adjacent dedicated community garden and shadowing of the community pool and patio area are obvious negative impacts on existing adjacent uses and violate the intent of granting a legitimate variance. C. The circumstances have been willfully self-imposed as the existing home is in conformance with approved development plan and the proposed addition is not. The owner also has the option of building at the other end of the home and mitigating the loss of a tree following existing tree ordinances, and thereby diminishing the impact on 16 homeowners who have use of the adjacent pool and garden area. I We would like to highlight our basic concerns about this request We object to the request for a variance to reduce the required 20 foot rear- yard setback to 10 feet, 9 inches to accommodate the second story addition. We believe the proposed second story deck will also cause a loss of privacy in the pool area. In addition, the pool area was sited, permitted, and constructed based on the existing solar exposure opportunities. The potential opportunity to efficiently utilize solar heating panels discretely placed at grade on the perimeter of the garden, instead of the existing carbon fueled pool heating system, will be eliminated by construction of this addition, with a long-term financial impact on the adjacent homeowners and on the community air quality. A reposition of the proposed second story addition to the west end of the home would mitigate our concerns. With the as proposed second story, there may be potential for increased noise from mechanical systems for the addition being radiated into the pool area. This may affect the quiet ambience of our pool area. During the afternoon, the addition will cast a large shadow over the garden and pool area, affecting both the garden's growth and afternoon use of the pool. We request that a solar study be done to ensure that the shadow created by the addition is within code allowances. The commission should refer to the applicant's submitted package, Figure 2 photo, to see the shadow impact of a two story home in mid afternoon. The shadow clearly extends over 20 feet and on to the adjacent home, about the same distance as the proposed structure to the existing pool edge, casting the deck in shadow during prime use period. In summary, the Geneva Park Homeowners' Association has concerns regarding the effect the addition will have on our garden and pool area. We request that these issues be considered in future planning and decision making regarding the proposed addition. Sincerely, Geneva Park Home Owners Association (GPHOA) Daniel Se r AIA Registered Architect, AK Beth Murphy GPHOA Board Member and Chair, GPHOA Board President Architectural Review Committee (907) 771-3716 (541) 708-5170 Carolyn Schwendener From: Amy Gunter [guntera@ashland. or.us] Sent: Thursday, March 27, 2014 5:16 PM To: Carolyn Schwendener; 'Regan Trapp' Cc: Maria Harris; 'April Lucas' Subject: 288 Ninth STreet alley notice I received a request from a neighbor of the 288 Ninth Street Alley application (PA2014-00326) that notices be sent to the following addresses. I explained it would not extend the 14-day comment period and she understood. Could this be done Friday? Thanks. 961 B 963 B 965 B Amy D. Gunter, Assistant Planner City of Ashland, Dept. of Community Development 20 E Main Street Ashland, OR 97520 phone: (541) 552-2044 fax: (541) 552-2050 TTY: (800) 735-2900 This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records law for disclosure and retention. If you have received this message in error, please contact me at (541) 552-2044. Thank you. Gin Judy 237 B Street Ashland, OR 97520 Genoa Barchet 963 B Street Ashland, OR 97520 William & Yoon-Jae Barchet 189 Granite St. Ashland, OR 97520 ~ Planning Department, 51 Win'u,n Way, Ashland, Oregon 97520 C I T Y F ® 541-488-5305 Fax:541-552-2050 www,ashland, or,us TTY:1-800-735-2900 NOTICE OF APPLICATION PLANNING ACTION: PA-2014-00326 SUBJECT PROPERTY: 288 Ninth Street OWNER/APPLICANT: DA Boldt Construction DESCRIPTION: A request for a variance to reduce the required 20-foot rear-yard setback to 10-feet, 9-inches and allow the construction of a 512 square foot second story addition above the 988 square foot residence located at 288 Ninth Street. COMPREHENSIVE PLAN DESIGNATION: High Density Multi-Family Residential; ZONING: R-3; ASSESSOR'S MAP: 391 E 09AA TAX LOTS: 2201 NOTE: The Ashland Historic Commission will also review this Planning Action on Wednesday, April 2, 2014 at 6:00 PM in the Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way. NOTICE OF COMPLETE APPLICATION: March 21, 2014 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: April 4, 2014 1 SU BJ PCT PRO PPRTY 299 NINTH STRPI=T 39. 1P 091i.A. 229'1 t I I Tg. i ~ 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. „c 1 VARIANCE 18.100.020 Application The owner or his agent may make application with the Staff Advisor. Such application shall be accompanied by a legal description of the property and plans and elevations necessary to show the proposed development. Also to be included with such application shall be a statement and evidence showing that all of the following circumstances exist: A. That there are unique or unusual circumstances which apply to this site which do not typically apply elsewhere. B. That the proposal's benefits will be greater than any negative impacts on the development of the adjacent uses; and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City. (ORD 2425, 1987). C. That the circumstances or conditions have not been willfully or purposely self-imposed. (ORD 2775, 1996) i i Documentl ` F 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 March 21, 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-2014-00326, 288 Ninth St. *Siga of Employee Documend 3121/2014 i 649 I 2200 22 Q i '21 2202 t w o 6 l "16 2203. 21 -Mal BAO 2$05 M PA-2014-00326 391 E09AA 6900 PA-2014-00326 391 E09AA 1900 PA-2014-00326 391 E09AA 6300 ADLEMAN ALAN R ASHLAND CITY OF ASHLAND CITY OFC TRANSP CO 886 A ST 20 EAST MAIN ST ASHLAND CITY HALL ASHLAND, OR97520 ASHLAND, OR97520 ASHLAND, OR97520 PA-2014-00326 391 E09AA 2204 PA-2014-00326 391 E09AA 2214 PA-2014-00326 391 E09AA 8500 BARCA BRENDA H TRUSTEE ET AL CARMAN DANA COLE MARY ELLEN/JOHN C 1310 PEARTREE LN 267 NINTH STREET ALLEY 286 8TH ST MEDFORD, OR97504 ASHLAND, OR97520 ASHLAND, OR97520 PA-2014-00326 391 E09AA PA-2014-00326 391 E09AA 2213 PA-2014-00326 391 E09AA 1609 DA BOLDT CONSTRUCTION DAY JAMES H/MABRY PAULA S DECKER MARK LOREN/ANGELA PO Box 998 590 LONE OAKS LP MICHELLE ASHLAND, OR97520 SILVERTON, OR97381 998 CLEAR CR DR ASHLAND, OR97520 PA-2014-00326 391 E09AA 2202 PA-2014-00326 391 E09AA 2203 PA-2014-00326 391 E09AA 8400 EDMONDS SUSAN W TRUSTEE ET AL ERIKSSON EDWARDNU-ERIKSSON FENWICK STEPHEN C 282 NINTH ST ALY JULIE HUONG 931 SAVERIEN DR PO BOX 338 ASHLAND, OR97520 SACRAMENTO, CA95864 ASHLAND, OR97520 PA-2014-00326 391 E09AA 2116 PA-2014-00326 391 E09AA 2205 PA-2014-00326 391 E09AA 2215 HARDWICK CLAUDIA HAUNSCHILD PAMELA R ET AL HUTCHINSON GEORGE/GWENDOLYN R 2552 EDGEWATER DR 264 NINTH ST ALY 273 NINTH ST ALY EUGENE, OR97401 ° ASHLAND, OR97520 ASHLAND, OR97520 PA-2014-00326 391 E09AA 8300 PA-2014-00326 391 E09AA 2201 PA-2014-00326 391 E09AA 2108 LARMORE JANET/JOHN T STRONG LUZ GEORGE A/SHELDON H MACRORY ANN K TRUSTEE ET AL 248 EIGHTH ST 4910 CROWSON AVE 3666 TAKELMA WAY ASHLAND, OR97520 BATCHELOR, MD21212 ASHLAND, OR97520 PA-2014-00326 391 E09AA 2101 PA-2014-00326 391 E09AA 7000 PA-2014-00326 391 E09AA 2107 MCCORMACK HOLLY MCCULLOH KENNETH S/STAYCE E MURPHY J SAMUEL/BETH R 969 B ST 271 N MOUNTAIN AVE 975 B ASHLAND, OR97520 ASHLAND, OR97520 ASHLAND, OR97520 PA-2014-00326 391 E09AA 1702 PA-2014-00326 391 E09AA 2111 NEWBERGER MARK ANDREW 1999 PENSCO TRUST COMPANY CUSTODIAN PA-2014-00326 391 E09AA EXEMPT ET AL C/O HARRY REISEN, CO FBO MICHA RONALD MARCHETI TTEE PO BOX 173859 249 MEADOW DRIVE 20 FARRAR ST DENVER, C080217 ASHLAND, OR97520 CAMRRInr,F MA09138 PA-2014-00326 391 E09AA 2105 PA-2014-00326 391 E09AA 6800 SCHWARTZTRAUBER FAMILY TRUST ET PA-2014-00326 391 E09AA 2106 SATUREN STEVEN L ET AL AL SEISER DANIEL A LIVING TRUST ET AL 265 STEINMAN DR 1504 L ST ASHLAND, OR97520 7468 DESERT FLAME CT LAS VEGAS, NV89149 ANCHORAGE, AK99501 PA-2014-00326 391 E09AA 2110 PA-2014-00326 391 E09AA 1610 PA-2014-00326 391 E09AA 2216 SHAFFER SUSAN ELIZABETH HAVARD SILBIGER RUSSELL W SMITH ALFORD R JR TRUSTEE TRUSTEE 986 CLEAR CREEK DR PO BOX 833 129 ALMOND ST ASHLAND, OR97520 ASHLAND, OR97520 ASHLAND, OR97520 PA-2014-00326 391 E09AA 2109 PA-2014-00326 391 E09AA 6200 PA-2014-00326 391 E09AA 2115 STEPHENS WILLIAM H TRUSTEE ET AL UNION PACIFIC RR CO PROPERTY TAX WARD JOYCE C ET AL 204 BAY VISTA CIR DEPARTMENT 549 AUBURN ST SAUSALITO, CA94965 1400 DOUGLAS - STOP 1640 ASHLAND, OR97520 OMAHA, NE68179 PA-2014-00326 391 E09AA 2112 PA-2014-00326 391 E09AA 2114 PA-2014-00326 391 E09AA 2113 WESTERMARK GEORGE D TRUSTEE ET ZALABAK SHERRY ET AL ZHEUTLIN JOAN S TRUSTEE ET AL AL 402 VERMONT AVE 993 B ST 1269 SECOND AVE BERKELEY, CA94707 ASHLAND, OR97520 SAN FRANCISCO, CA94122 288 Ninth St Alley 03/21/2014 NOC 36 I I I i Proposal: Request for second floor setback variance from 20' to 11'. PROJECT Location: 288 Ninth Street Alley, Ashland Oregon Owner: Sheldon and George Luz 288 Ninth Street Alley, Ashland, Oregon 443-827-0621 Owners Agent: Darrell A. Boldt, Pres. D. A. Boldt Construction Co. 611 Siskiyou Blvd #4, Ashland, Oregon Office: 541-482-4865 We request a variance for the rear yard setback from 20' to 10'-2 3/a" to enable us to add a second floor to the home and therefor make it more usable for the owners. Variance Criterion 1: Unique or Unusual Circumstances Two unique features of 288 Ninth St Alley which are pertinent to this variance are (1) this structure's importance as a visual transition from park land (Figure 1) and residences to a fairly-dense residential complex development and (2) the current siting of the back door 20 feet from the edge of a heavily-trafficked bike path (Figure 3). In designing the second floor extension, we focus on the transition from the landscaping at the end of the park to the landscaping maintained by the Railroad Park Cottages Corporation as it transitions into 288 Ninth St. See Figure 1. , esq. tY. X ~t ~w<< { e I'F? Ste. J~,` y: 4 t - ~ - S 1 `tl u Llc _ _ yyy X11 I: t ,'~p+ f F{4`').w mac, c"a ~ I _ r,~.zfi ~ - Sys { Figure 1. Transition landscaping from Railroad Park to 288 Ninth St Although the rules governing our development would permit a full second story single box-shaped addition, we believe that our proposed design allows for an aesthetic coherent with the existing landscaping in this particular location. Specifically, the stepped transition (see elevation ) from the existing roofline to the 2nd floor extension visually leads gracefully into the Railroad Park Cottage neighborhood coming from Railroad Park. The initial low elevation ties in more easily with the low neighboring house across the street which is not actually a part of this development, as well as with our immediate neighbor's within the development. Thus, we strongly believe this design is an asset in this particular location and avoids the perceptual looming of a box which would occur if we copied the exterior form of 276 Ninth St Alley (Figure 2 below) in this spot. Furthermore, the trunk of the tree at the private road entrance shown in Figure 1 is only 5 ft from the corner of the building. The amount of pruning which would be needed for construction at this end would ruin the appearance of this key mature tree. ~ark ~ ft `yl F I '13~e Y Y 2 1011 i ~~t t Figure 2. 276 Ninth St Alley (Full Second Floor) I 4 % VA 61 r { a, "`Jas b i ' x Fa Figure 3. View of 288 Ninth St Alley from bike path In figure 3 above, the aesthetic differences between a 20 ft and 10 ft setback can be anticipated to be inconsequential to users of the bike path and immaterial to the owners of the open space patch immediately behind the house. The small 988 SF size of the existing house and the negative impact of building on the west end of the house closest to Railroad Park necessitated that the addition be place over the east end of the house above the single car garage. In order to get the addition of sufficient size, we designed it to match the front wall of the house and extend back one foot from the rear wall of the garage with a set back of 10'-9 1/4". A twenty foot setback for the second floor would make the resulting space too small. The subdivision was designed and approved for high density residential use. The small size of the house and the lot coverage of the existing house dictates that any expansion cannot be horizontal but would have to be vertical. To the north of the property at the rear of the house is a small open space that is about twelve foot deep at one end and three feet at the other. It is owned by the developers of the condominium community directly behind Ninth St. Alley. Currently part of it is covered in weeds and not being maintained. However it does provide a bit of open space to the north and therefor minimizes the impact of the second story addition with a resulting setback from the pedestrian path of about 20'. Beyond this space are the pedestrian path and the railroad tracks. There is nothing on the north side that would be negatively impacted by the addition. On the west end of the property at the end of Railroad Park is an attractive open area with landscaping and a gazebo that is being maintained and will remain. Because of the bike path and railroad tracks there is no impact on solar access of properties to the north. Variance Criterion 2: Benefits Greater than Negative Impacts. Granting of the variance for this addition greatly increases the value of the property without increasing its ground footprint. As carefully planned and attractive as the single level interior is, its 933 SF area is a small living area for two people. Adding the planned second floor bedroom, study and bath not only eases the way for this couple's planned full time residence here, but also will create hospitable accommodations for family and friends who already are most eager to visit. At the same time, the market and assessed values of the property will increase. The existing home is for all practical purposes is a one bedroom so adding another bedroom would not only make it more usable for the current owners and definitely more usable for future owners. Most of the houses on 9th St. Alley are two story so there is a precedent for two story homes in the subdivision. Because the proposed construction does not extend beyond the current footprint of 288 Ninth St Alley, the negative impacts are minimal. Two possible negative impacts have been investigated, specifically (1) interference with neighbors' views and (2) damage to trees. As noted above, the variance will not have an impact on the closest tree at the entrance to the neighborhood. The next closest tree is located 12 ft from the corner of the garage and on the neighbor's property at 282 Ninth St Alley. A joint meeting held with the owner of 282 Ninth St Alley, her arborist, Mr. Boldt and Mr. and Mrs Luz established that the impact upon this tree would be minimal, requiring only limited pruning and no removal of major limbs. As to views, the only potential impact would be of the view of mountains to the east from the side window of 279 Ninth St Alley. We have discussed this issue with the owners, who pointed out that their view is already blocked by a tree growing in front of that window. We see no other negative impacts from the proposed project. There will be no changes in the existing landscaping. Variance Criterion 3: Circumstances Willfully or Purposely Self-Imposed There have been no changes to 288 Ninth St Alley since the original construction in accordance with Ashland building code in 1996. Consequently, there are no additional circumstances we have self-imposed. The addition will have the same exterior treatment as the existing house and maintain the same roof pitch and therefore maintains the historic nature of the development and the adjacent neighborhood. The Performance Standard setback requirement of 1/2 the height of the adjacent building wall will be retained. The setback from the house to the east will remain at 8'-6" as it is now. z N O -U d 7- rn zO X 7mtl m d n d ~Nm0 m N m d m m~~? 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VA y~ n I Hq~ Son~~ ~ ~ ~ II m (l ~.'O two b ~II r- _ pN D Z PROPERTY LINE _ ` m BOLDT CONSTRUCTION CO. P.O. Box 998, Ashland, OR 97520 541/482-4865 Fax e41i482-71so darrell@daboldtconstruction.com CCB#31003 Agent Authorization Agreement This Agreement made this 26t11 day of February, 2014. Authorizes Darrell A. Boldt D of D. A. Boldt Construction Co. to act as the agent for Shelden and George Luz in preparing and presenting the variance for the proposed addition at 288 Ninth St. Alley, Ashland, Oregon, to the City of Ashland Community Development Dept. Also to represent the Owners in any meetings and negotiations with the Community Development Dept. Agreed to this day Darrell . Boldt D. A. Boldt Construction Co. Shelden Luz i ~Geof-ge Luz I t E ZONING PERMIT APPLI TION Planning Division - I ASHLAND 51 Winburn Way, Ashland OR 97520 FILE 4 -141-411-5305 E'ax 541-4881-6006 - a-- _ _ - DESCRIPTION OF PROJECT DESCRIPTION OF PROPERTY Pursuing IEED@ Certification? ❑ YES 0 NO Street Address 288 Ninth Street Alle, Ashland, OR 9752 Assessor's Map No, 391 E 09AA t.at(s) _ 2201 Zoning' Comp Plan C~esignation APPEICANT Name D A Soldt Construction Phone-54l -482-4865 - -Mall darrell @daboldtconstruc'. Address P 0 BOX 998 Ashland n ca 97 520 City P PROPERTY OWNER Name _N George A & Shelden H Luz phone 443-827-0621 E-Mail sgeluz@yahoo.corn Address 288 Ninth Street Alley city Ashland Zip 97520 SURVEYOR, ENGINEERLARCNITECT. LANDSCAPE ARCHITECT, OTHER Title Designer ___Name Ron Marchetti--_ Phone _541-488LL6847 F-,-Mail Address 249 Meadow Dr city Ashland zip,_ 7520 Title Phone E-Mail Address- Zip _ hereby certify that the statements and information contained 11) this apolicateon, inckrdinu the enclosed dracwirrgs artd the required findings of fact are in all respects, true and L'orrect. t understand that all pr4peny prn5 m051 her ShOWn On the dfXviings and visible upon the site inspection. In the event the pins are. not .sho'm or lbetr location found' to be iucarrect. the vm~rrer assumes full responsitulily. ! further understand that if this request is subsetruentl}•contested, the hu~den rill be ort me to establish: 1) that 1 produced sufficient factual evidence ai the hearing to support this request; 2) treat the endings of fact furnfshedjusi es the granting of the request; 3) that the lndiags off»cl furnished by me are adequate, and further 4) that rill structures or improvements are properly located on the ground. f«ilure in this regard evil/ result most likety in not only the request being set aside, but also possibly in aty structures being built in reliance ffierFon beitig required to be remo. I at my es pense, rf l have any hts, t sm advrs ,d to eet cotrpelent pr ofessional advice rind assistance. Applicants Signature Darrel A Boldt - President Date ?ur rzf the property involved in s feest, I have road and understood the cnnrplefe application and its consequences to ire as a property As owt orvrr~r. ~ 5 ✓"t~~ l Prope,y Owrier°S `i nature(re aired) V-~- Date eta bs wnTlka n4 by CUy SWO - Date Received. Zoning Permit Type Filing Fee OVER 4 G:ic4n.n-Gevleilmmm¢ffarnc R tlrJrdauu+lunYag Fermn Ap;~i;cs~rmr dac Job Address: 288 NINTH ST ALLEY Contractor: ASHLAND OR 97520 Address: C A Owner's Name: GEORGE & SHELDON LUZ O Phone: P Customer 00198 N State Lic No: P D.A. BOLDT T City Lic No: L Applicant: R I Address: A C C Sub-Contractor: A Phone: (541) 482-4865 T Address: N Applied: 03/06/2014 O T Issued: R Expires: 09/02/2014 Phone: State Lic No: Maplot: 391 E09AA2201 City Lic No: DESCRIPTION: Variance 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 Variance (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 CITY OF A