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HomeMy WebLinkAboutGresham_19_PA-2013-01208 4 C I T Y OF ASHLAND September 18, 2013 Notice of Final Decision On September 18, 2013, the Community Development Director approved the request for the following: Planning Action: 2013-01208 Subject Property: 19 Gresham & 374 Hargadine Owner: Susan Springer Applicant: Joyce Ward Description: Request for a Conditional Use Permit to expand an existing non- conforming residential unit located at 374 Hargadine. The applicant has proposed to convert the existing basement storage space to habitable space. I The Community Development Director's decision becomes final and is effective on the 13`}' 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) 552-2044. 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 www.ashland.or.us _ _ s 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 regiiests 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 12`h 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:,541-488-5305 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-2013-01208 SUBJECT PROPERTY: 19 Gresham & 374 Hargadine OWNER: Susan Springer APPLICANT: Joyce Ward, Architect DESCRIPTION: Request for a Conditional Use Permit to expand an existing non- conforming residential unit located at 374 Hargadine. The applicant has proposed to convert the existing basement storage space to habitable space. COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP: 39 lE 09BD TAX LOTS: 9000 SUBMITTAL DATE: August 8, 2013 DEEMED COMPLETE DATE: August 23, 2013 STAFF APPROVAL DATE: September 18, 2013 FINAL DECISION DATE: October 1, 2013 APPROVAL EXPIRATION DATE: October 1, 2013 DECISION The subject property is located at 19 Gresham Street / 374 Hargadine Street on the west side of Gresham Street, at the intersection of Gresham and Hargadine. The front property line is adjacent to Gresham, opposite that it the rear, Hargadine Street is a side yard and opposite that is the other side yard. The subject and adjacent properties to the west and south are also zoned R-2, Low Density Multi-Family Residential. The properties to the north and east are zoned C-1-D, Commercial Downtown. The subject property is located within the Siskiyou-Hargadine Historic District. The property is 6,750 square feet in area. There are two dwelling units on the property, a single family residence (19 Gresham) which was constructed in 1902 and a detached two-story garage with second unit (374 Hargadine) above constructed sometime in the early 1950s. The single-family residential home was constructed in 1902 and is known as the "Alice Foster House" in the Siskiyou Hargadine Historic District inventory documents. The house has been modified over the years and is considered non-historic / non-contributing. Behind the main residence is a detached second dwelling unit which is on the Hargadine side of the property at the rear of the property. The second unit is the structure proposed to be modified with this land use approval. The property and the second unit in particular have a number of non-conformities. The minimum lot area for two units is 7,000 square feet in area; the lot is 6,750 square feet and is below the minimum lot size for two dwelling units. The applicant provided evidence that the second unit (374 Hargadine) was constructed in the early 1950s and pre-dates the land use ordinance therefore 374 Hargadine is considered pre-existing non-conforming. The Maximum Permitted Floor Area (MPFS) in the historic district for a 6,750 square foot lot is 2,376 square feet between the two structures. Based on the assessed sizes of the structures, 3,290 PA #2013-01208 19 Gresham /374 Hargadine /adg Page I f square feet exceeds the allowed MPFA. The applicant is not proposing to add any additional living area to either of the dwelling units. When the structure was constructed it was built approximately three-feet from the rear property line. The minimum setback in the current land use ordinance for rear yards is ten-feet per story. The three-foot setback is an existing non-conformity. Due to this non-conforming setback the change of the non-habitable storage space below the dwelling unit triggers a Conditional Use Permit to expand / enlarge an existing non-conformity. The conversion of the storage area to habitable space and the two units on a lot that is below the minimum lot size also requires Conditional Use Permit approvals. The applicant is not.proposing to add any additional square footage to the structures. The modification of the structure will primarily be on the interior. The application has proposed to modify the exterior of the building by adding 12-inch eaves on the south and west sides of the structure. Due to the structures setback on the north and east side being less than three-feet from the property line, no additional encroachments are allowed according to the building code. The applicant has also proposed to add an entry door to the unit on the first floor of the unit. The existing door is on the west side and is hidden from view. The applicant proposed two options for the entry; one with a gabled porch cover on the east side of the structure and one without a cover but the door would face Hargadine Street. The City of Ashland Historic Commission reviewed the proposal at their September 4, 2013 regular meeting and recommended that the applicant install the east fagade door with the gabled porch cover. Additionally, the applicant has proposed a double, wood door with a three-foot deep deck on the second story facing Hargadine Street. New double hung wood windows are also proposed for the Hargadine Street frontage to replace the existing double storage room door. The application is for a pre-existing, non-conforming structure that will not be enlarged in area. With the proposed modifications the architectural compatibility will be enhanced. Eaves, covered entries, double hung windows and two story residences are typical design features in the impact area. The generation of dust, scale, bulk and coverage will not be impacted by the. The conversion of the garage to habitable space is also consistent with the allowed density and the target use of the property of four units. Additionally, the generation of light, noise, glare, dust, etc. will be consistent with the permitted density of four units. Four parking spaces are required. Three surface spaces at the rear of the property, between the existing garage / unit and one space as an on-street credit are provided for. The parking spaces are pre-existing and the applicant has not proposed to modify the parking spaces. They do not comply with the required five-foot buffer between property lines and eight-foot buffer to the unit as they pre-dated Ashland's land use ordinances. No modifications are proposed. The application addresses that adequate capacity of public services already serve the site. No changes to the existing electric, water and sanitary sewer lines is necessary. The site is landscaped and irrigated and no changes are proposed. There are small trees in the vicinity of the existing second unit but they are separated from the work area by retaining walls and will not be impacted by the proposed construction. No written comments were provided by the public during the 14-day comment period. PA #2013-01208 19 Gresham /374 Hargadine /adg Page 2 The criteria for a Conditional Use Permit are described in AMC Chapter 18.104.050, as follows: A. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. B. That.adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. C. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone: 1. Similarity in scale, bulk, and coverage. 2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. 3. Architectural compatibility with the impact area. 4. Air quality, including the generation of dust, odors, or other environmental pollutants. 5. Generation of noise, light, and glare. 6 The development of adjacent properties as envisioned in the Comprehensive Plan. 7. Other factors found to be relevant by the Hearing Authority for review of the proposed use. The application with the attached conditions complies with all applicable City ordinances. Planning Action 2013-01208 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 2013-01208 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 the current Site Review and Conditional Use permit approvals shall be submitted and approved prior to issuance of a building permit. PA #2013-01208 19 Gresham /374 Hargadine /adg Page 3 3) That all conditions of the Historic Commission as detailed in their recommendations from the September 4, 2013 meeting shall be conditions of approval where consistent with applicable Site Design and Use Standards with the final approval of the Staff Advisor. 4) That the exterior lighting shall be directed onto the property and shall not directly illuminate adjacent proprieties. Exterior lighting details shall be provided on building e nit submitta . Molnar, irector Date Department Community Development c; f PA 92013-01208 19 Gresham /374 Hargadine /adg Page 4 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 September 18, 2013 1 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action I 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 #2013-01208, 19 Gresham & 374 Hargadine. Signature of Employee G:Icomm-de4lanninglTemplateslTEMPLATE_Affidavit of Mailing-Planning Action Nodce.dot 9118/2013 ~ t PA-2013-01208 391E09BD801 PA-2013-01208 391E0913D70001 PA-2013-01208 391E09BD9900 2929 LLC BEMIS ED TRUSTEE ET AL BLAKE ARCHIE E/GEORGI S 2929 29TH ST PO BOX 1018 8 BEACH AVE PORTLAND, OR 97210 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2013-01208 391E09BDIO200 PA-2013-01208 391E09BD9200 PA-2013-01208 391E09BD10000 BOARDMAN RANDY J CUTLER STEVEN A/PATRICIA J DE GROOT LARRY DEVIN PO BOX 322 165 LITTLE PARK LN 425 ENA RD 504A ASHLAND, OR 97520 LOS ANGELES, CA 90049 HONOLULU, HI 96815 ' i PA-2013-01208 391E09BD9500 PA-2013-01208 391E09BD8800 PA-2013-01208 391E09BD8900 EPSTEIN FRED TRUSTEE ET AL GADBOIS LAURIE A ET AL GANGITANO FAMILY TRUST ET AL PO BOX 613 54 GRESHAM ST PO BOX 318185 ASHLAND, OR 97520 ASHLAND, OR 97520 SAN FRANCISCO, CA 94131 j PA-2013-01208 391E09BD6101 PA-2013-01208 391E09BD6000 PA-2013-01208 391E09BD6300 HOBI ROBERT H MACRORY ANN K TRUSTEE ET AL MATTHEWS ROBERT/SANDRA 1810 NE STEPHENS 2666 TAKELMA WAY 3088 LAZY CR DR ROSEBURG, OR 97470 ASHLAND, OR 97520 MEDFORD, OR 97504 PA-2013-01208 391E09BD9390 PA-2013-01208 391E09BD5900 PA-2013-01208 391E09BD9400 OREGON SHAKESPEARE FESTIVAL PILOT ROCK PEAK LLC PRESTON JOHN R/KATHLEEN M 15 PIONEER ST S 38950 SW LAURELWOOD RD PSC 22 BOX 155 ASHLAND, OR 97520 GASTON, OR 97119 APO, AE 09421 PA-2013-01208 391E09BD2700 PA-2013-01208 391E09BD6500 PA-2013-01208 391E09BD9000 PROVOST PROPERTIES LLC SOUTH RUTH E TRUSTEE FBO SPRINGER SUSAN E 6431 ADAMS RD 7831 SE STARK 103 19 GRESHAM TALENT, OR 97540 PORTLAND, OR 97215 ASHLAND, OR 97520 PA-2013-01208 391E09BD9600 PA-2013-01208 391E09BD801 PA-2013-01208 391E09BD9800 STOBER MARJORIE C WESTERN STATIONS CO #227 WILSON COURTNEY/CANNING 348 HARGADINE 2929 NW 29TH 6 BEACH AVE ASHLAND, OR 97520 PORTLAND, OR 97210 ASHLAND, OR 97520 PA-2013-01208 391E09BD10300 PA-2013-01208 391E09BD9100 WINCHESTER PATRICIA WRIGHT VINCENT PO BOX 1893 25 GRESHAM ST SANTA ROSA, CA 95402 ASHLAND, OR 97520 L Planning Department, 51 Winuuin Way, Ashland, Oregon 97520 C Y F 541-488-5305 Fax: 541-552-2050 www.ashland"onus TTY: 1-800-735-2900 -P D >f NOTICE OF APPLICATION PLANNING ACTION: 2013-01208 SUBJECT PROPERTY: 19 Gresham & 374 Hargadine OWNER: Susan Springer APPLICANT: Joyce Ward, Architect DESCRIPTION: Request for a Conditional Use Permit to expand an existing non-conforming residential unit located at 374 Hargadine. The applicant has proposed to convert the existing basement storage space to habitable space. COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP: 39 1E 09BD TAX LOTS: 9000. NOTE: The Ashland Historic Commission will also review this Planning Action on Wednesday, September 4, 2013 at 6:00 PM in the Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way. NOTICE OF COMPLETE APPLICATION: August 23, 2013 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: September 6, 2013 y I Ssi HA R G A D I N E ST 1 F - ( - I lIJ - - i L7 r 9 J I L J- I F- I L/1 w % z: cD j - _ O 1530 60 Feet P oyarty 2ntas nre for .-cfer-~nce oniy, nor sc«in«U2a 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. comm- ev p ammng annmg c ions o icing o er are o ices rgns - - ocx CONDITIONAL USE PERMITS , 18.104.050 Approval Criteria A conditional use permit shall be granted if the approval authority finds that the proposed use conforms, or can be made to conform through the imposition of conditions, with the following approval criteria. A. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. B. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. C. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone: 1. Similarity in scale, bulk, and coverage. 2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. 3. Architectural compatibility with the impact area. 4. Air quality, including the generation of dust, odors, or other environmental pollutants. 5. Generation of noise, light, and glare. 6. The development of adjacent properties as envisioned in the Comprehensive Plan. 7. Other factors found to be relevant by the Hearing Authority for review of the proposed use. I F GAcomm-dev\planning\Planning Actions\Noticing FolderWailed Notices & Signs\2013\PA-2013-01208.docx m 4 c' ca c;l cn r 71 n iy o- E ~l t 93 t- 4-3 c~ G+ r A Q 9 r;3 01 n n r= Yi 4 n SC 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 August 23, 20131 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for Planning Action #2013-01208, 19 Gresham/374 Hargadine. Signature of Employee G:Icomm-devlplanning\Forms & HandoutslAffidavit of Mailing-Planning Action Notice.doc loyce Christine Ward Architect 549 Auburn Street Ashland, Oregon 97520 a (541) 482 - 3004 s s, i f 3 j P FINDINGS CondRional (a,- Permit Application For Remudo~ of the Non-Conforming Apartment At 374 r in Street Ashland, Oregon oust , 2013 Owner: Susan Springer Architect: Joyce Ward This is an application for two Conditional Use Permits and an Administrative Variance, all of which are needed to remodel the existing two-story structure at 374 Hargadine Street, Ashland, Oregon. The first CUP is required because the subject property is not large enough by current zoning for two residences. The building at 374 Hargadine Street shares its lot with the house at 19 Gresham Street. Each of these buildings is today a single residential unit. The subject property is located in an R-2 zone. According to the current i zoning ordinance, the required area for two dwelling units is 7,000 sq. ft. The actual area is 6,750 sq. ft. A brief history of this property (from a conversation between Susan Springer and the local historian, George Kramer): The original house, known as the "Alice Foster 1 House," was built in 1902. At that time, at the rear of the house, there was a carriage house (currently the kitchen). In 1910 a remodel was done that changed the carriage house into an attached second living unit. Prior to 1941, George N. and Beryl E. Kramer (no relation to the historian) purchased the home. The Kramer family owned the property for many years; they sold it to the Willis family in 1952. Evidence of the second building begins to appear around this date. The current owner found an electric permit identification card in the electrical panel of the detached apartment, with "Mrs. George Kramer" noted as the owner. There is no date on the card, but we can assume it was put there before the Willises owned the property, i.e. prior to 1952. See attached copy of this card at the end of these Findings. We have also discovered by looking at the Polk Directory that the building at 374 Hargadine has been a residence since at least 1964. (In the same 1964 Directory a name appears for 378 Hargadine, likely the attached rental unit at the time.) A copy of the 1964 Polk Directory page with reference to residents at these addresses is attached at the end of these Findings. In 1992 the current owners bought this property from the Willises. From 1992 through 1994 they remodeled the main house, incorporating the attached rental unit into the main house. They also did a small remodel of the detached rental, changing the first- floor garage into storage and up-dating the second-floor apartment. We can conclude that there was in the past three dwellings units on this site, but since 1992, there have only been two. We can also conclude that the building we are proposing to remodel was built before 1952, considerably prior to the incorporation of current codes into the City's Ordinance. The remodel we are proposing will happen within the existing detached two-story structure. No additional area will be constructed, and no height added. However, the current use of the first floor is storage. The second floor is a rental apartment. We are proposing to abandon the storage use and include the first floor in the apartment. The second CUP is required because the existing rear setback and one side yard setback are non-conforming. The building we are proposing to remodel is two stories. It sits six feet from the rear property line to the south and three feet four inches from the side property line to the west. At the likely time of construction, i.e. prior to 1952, the.current setbacks were not law. r We are also requesting an Administrative Variance to the Site Design and Use Standards for on-site parking space locations. The number of parking spaces required for our proposed project already exist on the site. However, the required distances between the parking and the side property line and the parking and the building are non-conforming. In each of the Conditional Use Permits requested and in the case of the variance for parking, we will endeavor to show that the criteria for approval as noted in Chapter 18.104 of the Ashland Municipal Code are met. Conditional Use Permits for Expansion of the Second Unit in an R-2 Zone and For Non-conforming, Existing Setbacks 18.104.050 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 City, State, or Federal law or program. Zoning District Requirements. Zone: R-2 (Low Density Multi-Family Residential). There are currently two residential units on this site. Although the size of the site does not legally support two units, the current and proposed use is supported by the City of Ashland Comprehensive Plan, Goal 10. This goal reads: "Ensure a variety of dwelling types and provide housing opportunities for the total cross-section of Ashland's population consistent with preserving the character and appearance of the city." The main house on this site is a four-bedroom family home. The apartment will comfortably house one or two people. The scale of the apartment is considerably smaller than the main house, thus giving visual expression to the variety of housing provided here. As there are many examples of R-2 sites with a smaller home "behind" a larger, older home, including several in the immediate neighborhood, this site is in conformance with the "character and appearance of the city." Landscaping Requirements: In this zone 35% of the site must be retained in landscaping. The landscaping on the subject site is existing, and mature. 55% of the site is dedicated to landscaping and outdoor use. i There are existing street trees, and an existing irrigation system for all of the landscaped areas. None of this will be changed. Trees: The existing trees, which are shown on the Site Plan, are all to remain. The project is such that the most logical places to store materials and stage the renovation work are in the existing parking area and the brick patio adjacent to the building to be remodeled. Because all trees are to be saved and all but one are located quite a distance from the building to be remodeled, the Planning Staff has excused us from providing a Tree Protection Plan. The one tree that is close to the remodel is in a raised planter within the brick patio, and thus should be easy to protect. The tree consultant for this Project shall be Upper Limb-It. In early July of this year, Upper Limb-It did a pruning of the trees on this site. At that time they found no, sick or hazardous trees. There is a tree inventory listing the types and number of trees on the site at the end of these Findings. Parking, Access and Internal Circulation: For the two dwelling units on this site, there are 3.5 parking spaces required. In existence now are 3 on-site spaces accessible from Hargadine Street, and 1 allowable on- street parking space on Gresham Street. The size of the on-site parking allows for two compact car spaces and one standard space. The Gresham Street on-street parking space accommodates the other standard-sized automobile. Thus half of the parking spaces provided are for smaller cars. (50% is allowable.) The access to the off-street parking complies with Municipal Code Chapter 18.92. There is no internal automobile circulation on this site. The location of the parking relative to the property line and the building housing the apartment are what necessitate an Administrative Variance. See the discussion below of the variance for more details on the existing parking spaces. Setbacks: The non-conforming existing setbacks are what trigger the need for the second Conditional Use Permit in this application. The existing front yard setback for the apartment at 374 Hargadine is 22 feet, which exceeds the code-required 20 feet. The rear yard setback is 6 feet, which is too little (20 feet are required by the current code), and the west side yard is 3 feet 4 inches, which is also non-conforming (6 feet is required). The shortest distance between the two buildings on the site is 16 feet. Ten feet are required. The setback required for solar access is not triggered by this application, as the building to be remodeled will not change in height. As noted above, these setbacks were not required at the time of construction of this building. Eaves: Because of the non-conforming setbacks, the existing roof edges on the south and west sides are legally too close to the property lines. There is no eave overhang on this building at this time. Therefore, we run into trouble when we propose creating 12-inch eaves in order to make the building more compatible with the Historic District. The existing home at 19 Gresham has mainly 12" eaves. There are some upper gables with no roof overhang, but they are above an eyebrow eave that extends 12". Therefore, we are seeking permission as part of this CUP to extend the building's roof 12" closer to the south and west property lines. This will help the existing building to blend more appropriately with its Historic District location. Height: No existing structure is over 35 feet in height, and no additional height is to be added. Lot Coverage: Lot coverage is limited to 65 percent of the site. At least eight percent of the lot shall be dedicated to outdoor recreational space. The °existing coverage by structures on this site is 37%; coverage by paving for parking is 8%. This leaves 55% for outdoor recreational use and landscaping, which is well within the required amount. The area in combined patio and porches for outdoor use is currently 871 square feet, or 12.9% of the site area, not including the lawns on the north and east of the site. These areas will remain unchanged in size. 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. The need for utilities due to this proposed remodel is not increased. The existing utilities for the subject property are as follows, as determined by the Pre-Application map (see attached) provided by the City. Hargadine St. Gresham St. Water 4" line 4" line Sewer 6" line 6" line Storm Drain NE corner at Gresham on east side Electricity overhead full service Paved Access yes Transportation bus available one block away on East Main Street Fire Hydrant across Hargadine Street, 120 feet from the center of the building 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. 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." If the existing two-structures on this site were built to today's code requirements, the bulk and coverage would be a little smaller. Because the site is in the Historic District the maximum permitted floor area for the two buildings today would be 2376 square feet. In some cases with a CUP, up to 2970 square feet would be allowed, a 25% increase. The existing area, which will remain the same after the remodel, is 3290 square feet, 38% higher than the basic allowable amount. However, the lots in the impact area were also developed largely before today's code. Thus, the built areas of the homes in the adjacent R-2 zone could well be more than what is allowed today. As one walks through the impact area, there seems to be consistency between this lot and the others in scale, bulk and coverage. (Please see the attached Map of the Impact Area and the keyed photographs.) Across Hargadine Street to the north is a commercial zone, and across Gresham Street to the east is the public library. Both of these uses allow for denser site coverage than what is normally allowed in an R-2 zone. Thus the non-conforming density of the subject property has less impact than it would if it were totally embedded in a newer residential district. 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." By today's codes, there would be only one residence on this site (due to lot size). Therefore, there has been since 1952 more traffic generated than that generated with the current target use. (Target use: 9 - 12 vehicle trips per day. Existing use since 1992: 12 -19 vehicle trips per day.) Prior to 1992, when there were three dwelling units generating traffic from this site, the number of vehicle trips per day could have been more. The detached residence, however, has been there since approximatelyl952, and any additional traffic generated by the proposed remodel should be nothing to less than what has been. The existing apartment is a one-bedroom unit. The remodeled apartment will be a larger one-bedroom unit. Conceivably either size could house one or two people. The location of the property close to downtown is such that if there is one more person living there, there will likely be more pedestrian, bus and bicycle traffic, rather than more automobile traffic. The other consideration for generation of traffic is that Hargadine Street is the border between a residential zone and a commercial zone. The majority of the vehicle trips per day on this road are generated by people who either work downtown or are looking for a parking space to shop or eat or do other business on East Main Street. In comparison, the residential traffic, no matter the number of people living on site, is a small percentage of the actual number of cars driving on Hargadine. 3. `Architectural compatibility with the impact area." The building we are proposing to remodel is compatible now with the eclectic nature of the houses and other uses in the impact area. When we are finished, however, it will be more compatible visually with the Historic District. It is our intention to incorporate details from the older home on the site and from the vernacular of other older homes in Ashland. (Please see the discussion of eaves above and the photographs of neighboring properties at the end of these Findings.) We are also planning to change the existing entrance to the apartment from the relatively hidden second-story location on the west wall to a location facing Hargadine Street, on the first floor. We will then come into conformance with the requirement in residential zones that the entry faces the adjacent street. Also, the existing exterior stair is hazardous; the remodeled building will have an interior stair. In the attached front elevations, we have suggested two different options for a front door on the street-side of the building. Option 1 has the entry door literally on the north elevation. However, this location is awkward because of the relatively narrow walk in front of the building and the location and direction of swing of the gate in the fence that leads to this house. Therefore, we are looking at Option 2, which creates a visual entry with a new covered porch facing Hargadine Street. The actual door to the interior would be located in that porch, on the existing east wall of the house. This location flows well from the entry gate into the property, and still lets people see from the street where to enter the building. See photo #9 for an example of an implied entry (other than the front door) facing Gresham Street. 4. 'Air quality, including the generation of dust, odors, or other environmental pollutants." The air pollutants created by the use of this site are related only to automobile use. If there were one residence here (due to the size of the site), there would be fewer vehicular trips per day than there are now, although not many fewer. The second unit has only added one bedroom to the site. Compared with the creation of pollutants since 1992, there should be no change, except for the improvement created by tighter regulation of auto emissions by the D.E.Q. (See also the discussion of traffic in #2 above.) 5. "Generation of noise, light, and glare." Like #'s 2 & 4 above, any additional noise, light and glare, would only be created by automobiles. If one considers the target use to be one residence, there could be a small increase in these pollutants over that created by the target use. However, relative to the long-standing current use, there will be little to no change. 6. "The development of adjacent properties as envisioned in the Comprehensive Plan." The development of adjacent properties should not be impacted at all. The proposed remodel is internal to the subject property, and the use is basically unchanged. 7 "Other factors found to be relevant by the Hearing Authority of review of the proposed use." Other factors that were noted in the Pre-application Conference for this project include the number of units on the property, the use and age of the second building, the maximum permitted floor area in the Historic District, the non-conforming location of the existing parking spaces, orientation to the street, and historic compatibility. All of these, except for the location of parking which requires an Administrative Variance (see below), have been addressed in the narrative above. Administrative Variance to the Site Design and Use Standards Regarding Parking The existing off-street parking spaces vary from that required by Ashland's Site Design and Use Standards in two ways. The first is that a separation of 8 feet is required between a parking space and an adjacent building. The existing separation is 5 feet. This dimension, I believe, was the result of the additive north-south dimensions of the depth of the parking, the 22- foot depth of the building (originally a concrete-block garage, for which this dimension was considered minimal), and the arbitrarily determined 6-foot setback on the south side. The dimension between the parking and the garage was low on the priority list. What helps the existing 5-foot.distance to work is that there is a block wall at the back of the parking, which creates a 27-inch elevation difference between the surface of the parking and the brick walk in front of the building. This elevation difference, would argue, creates a similar separation to the required 8-foot separation. The second issue is that a 5-foot separation between a parking space and the property line is required. The existing parking is adjacent to the property line. In support of our request for the variance, I would suggest that the location of the parking next to the property line works on this site, not only because it is existing, but because it allows for the 5-feet-wide landscaped area that could be between the parking and the property line to be instead added to the major landscaped yard to the east. In this location it is easier to maintain than a small strip, which would be at risk between this lot's and the neighbor's parking spaces. In addition, the neighbor to the west also has a parking space that abuts the common property line, and thus the parking spaces on the subject property. See photo below. f w There are several aspects of the existing parking that conform to or surpass requirements for off-street parking. They are as follows: The surface is brick and a little concrete over a sand bed, thus generating less heat than an asphalt parking area and allowing some water to permeate the surface, rather than all of it running off into the street. The back up space is nearly 31 feet, rather than the required 22 feet. (There is parking on the north side of Hargadine, which results in a usable back-up space of 23 feet when there are cars parked.) The Architect and Owner proposing this project have endeavored to comply as much as possible with the pertinent standards in the Ashland Land Use Ordinance and the Comprehensive Plan. When compliance was not possible because of existing conditions, we have explained why we are requesting permission in spite of what is there. Therefore, we respectfully request approval of two Conditional Use Permits and an Administrative Variance to allow for a remodel of the existing building at 374 Hargadine Street, Ashland, Oregon. b it CARD FROM ELECTRIC PANEL BOX 134 HARADIN STREET Found in 2013 by Susan Springer STATE OF OREGON-BUREAU OF LABOR W. E. Kimsey, Commissioner Q , 4173: ePermission is% hereby granted, to an electrical sawing agency to connect and energize the electrIic wiring system' designated hereon, pending inspection and approval -6y.the Labor Commissioner, and conditioned that blanks on these cards are ¢iroperly ftlle4' in and signed, all as provided for by Chapter G, U. C. L. A,, as amended by Chapter 83, Uregoii Laws, 1949, v ~ ~ lpstl ess) . d (Ot~ner or tcn 2nt e name) L c ~d'ot em, rs arvcu) (City or twvn) (County) fj': F ~f~ t - ,f~. :"c. "`r'` ✓ d''' ~r i~ , G r...,..-r'"f 'a1~G'jr//8~''~`r'L„~' Ficctsic~a coatiacto c (License No.) (supervisor's sign4turg) .inn _n A.N-^..!A„ s nn, ak9.+bc4^^~^-°.142'+=+R,S _ ax » .6 .Ra°'!M• 41 1964 POLK I SUSAN SPRINGER CONDITIONAL U MIT APPLICATION 1101 Knox Geo W & 10VW2& 4 Bizlentine Jinn '130 Davis Charlie E & '4 ,2-1.kT1W Street continued Fairview intersects 318 McLariian Mary' Aiiburn intersects SW Kendall Rex 462 4371 ,14Z Bowman Tracy L O 40 t3d2 Wilson John 151 Jones Walter H O 402-11502 324 Sharp Phil X1.,05 Stothers Culbert A G 402- 3W Kramer Foss G 1~3 B A C Mrs Zd Intersects J aanman yris X340 Baur,hman Bertha M O 482- ,185 Jack Macon S 460-27-95 04fre 1,8? Sawyer Wm 353 Bryan Elmer E O 462: 05- IN Shepard Clifford G 13$4 Ellis Cath E Mrs 42-4104 2,00 Stults Wm K O 4OZ-10317' TWA Levison Robt L 4;W-W60 12,01 Ka g Shirley A Mrs '462- ST4 Ford Robt H 4'&2-49 3 = Center Harold Iowa intersects Gresham Intersects 212 Sterrett Stanford S ,33' 21-5 Allen James W U 481240,401 HARMONY LANE - From 231 Norwood Vernon 'E O 462 Siskiyoti blvd south, 2 west of 269 Wright I'i.obt W O 462-226e Normal " = Toll John R 40240 Clark Rowe interse~ets. 2M KIrsher Richd G & 46041,06 $ 301 Oft Bell Walter W C3 4<32-0417 02 Vacant Udw O 48!2-46W sect Sunset intersects C99 Grace's Beauty Salon 44 2-OAW M Fries Archie C O 4+24' Holly intersects. 817 O'Bleness Donald M O 402- Guthrle intersects 3199 922. Wilson Elmon H GUTHRIE - Continuation of 031 Vacant Gresham 'from Holly south 8232 Harmon Dale T O 347 Jenne Norman A'@ 402-T,1103. StO Grebner Kenneth W 8. 482- ►361 Bebher Ruth G 4&2-96W 211W Alorrill intersects -M Houck Leland D G 43d Bill's Bug "E" Business •803 Fellers Alvin L G 4'SIN23M exterminator 70-7'181 SfiO Ejork Clarence W G' 462-2553 Osborn Wm L U 402-=2M ,MLg Graves 14 R G 432-WM 4510 Sudborough Dana R O 462- 870 Maish Wm jr O 432-0= 01W 691: Forrest Chas W ibr whol 402- Herbert intersects 0" 1550 Under constn 882 Mittag Vilas E G 402-3070 Ashland intersects 891 Gussner John G O 4 O86 ;28 892 Jacobs Lawrence J O 402-3090 HARGADINF From S Fioneer Ross la intersects east, 1 south of 4' Main '302 Bowdoin Willard E bldg eontr (Numbers appear on street In 4192443 sequence listed) 903 Miller Clifford R O 402427 SO Paris Ruth Mrs O 462-4001, X O Craft Clifford A G 307 8,01,E McCalmon , Chas A 4=-03+79' 9,13 Sears Laura A Mrs G 462- 11,>3 Kincaid Eliner L 49220541 e065 Fork intersects 9243 Cullop Woodward ,D U• 4MI19 1-30 Beckwirth Merrill kM2 Wilkinson Arnold G 1462- i4urt Arvil 462 41WO 0600 Polk Monte 402-008a 9055 Provost Dom S jr G 48 M 143 Savage Walter 342 Grimes Veatch M U 4W2-2M ;1166 Edwards Repr Shop 4924,106 945 Lagesen Haakon O 4024090 No return 950 Martin Jerald 402-22M T07 Thomas Kenneth R 957 Trebil Richd L O 1'7x7 Peck Wm N 4,8240210 060 Burkett Clyde H O 402-27-1.7 1H l lliott Dave g61 Under constn n 18W DeBoer Sidney B 4,W42103 •9.'64 Merrill John S 4SZ+NEO 1,34 3-4 ~ Ralston Mike Peachey rd intersects 1'90 Wright James M 129 1st intersects 11ARRISON From Siskiyou ~ 2088 Beliveau Dorothy 4912-14,115- Boulevard south, 1 east of Copeland Kent 1524V;9 Sherman Davis Margt E Mrs 161- Lands Victor E O 462-12= Johnson Lei h ~1W Rice Gerald W @ 482-4177 1220 Range A C 4132-06q.19 178 Mitchell Cleatis G 40219313 2-41 First Baptist Ch 40-243936 180 DeArvilla John S 462-OZ6t6 244 Vacant 14 3' Evans Nellie Mrs G- -M-21)7'0 TREEINVENTORY SUSAN SPRINGER CONDITIONAL USE PERMIT APPLICATION August 8, 2013 Tree Type Diameter Number on Site Locust 4" 2 Crab Apple 5" 2 Mimosa 12" 1 Plum 8°1 1 Cedar 8" 1 Cherry 8°1 1 Dwarf Japanese Maple 4" 1 i 9 5 F ` NIAIIV 372N) -`M\~~ M r / r I1 i V L / \I / 64 370 M M, 19 L J M c:r, 1 25 i t~ ® OM M 31 M CM) / V 'If AV 12 -14 41 U M M 48 M 19 Gresham Hydrant Sanitary Sewer Utility features Date: 3/1 /2013 Electric features Storm Water Utility features 1:600 - Water Utility features Taxlots 1 inch = 50 feet CI Streets r Building Mapping is schematic. only and bears no warranty of accuracy. ' ~ Public Utility Easement All features, structures, facilities, easement or roadway locations should be independently field verified for existence and/or location. S J _ 2 O -EFT Su~J ' p 00 pr~- z Y A- ~ ~ I s a, G 1.4 U IN\ MAP OF IMPACT AREA 19 Gresham Street/ 374 Hargadine Street ~Jl F t e r I ~I j ~ ' III t 0O r,4,ap'~a~~ f I 1 ~1~1 a r IF i ` i t 1 ! y 9 L' I I > t r 3 ,'Fr~ ! ~ f I ~3 j ~I .rw N r t E Y 11111 k; h~ ~ ~ _ Y If 'A` CFFF _ II x r f l , fi. r _ f. i j eau s NO' z n:; y Um s E 370 I ~ I A.A.~ z I I^ f I - d Y ~ gym M 3G44 Hurgadino 111 Y 3 f s R I i ~ rf 1 -1 Gresham S)ireet if i r 14 _Ai I I } 1 a k Z ~bxG4 I I I s h t it I I[{r J V ~ f W 4~ 1~ 4a~,. p t G G, r~e~ G, i u r~' ,fit, ntr i 1 { Vkf Vl~~~ _ s i k - u Vic es J ~ ~t1 ~ ` I n d r »i~~~ ~3) truct a 999"` 'x. ~1+ '-k F x - G -41 3 s E cY. \ t 12 tl' Lo%wrr~:. ~_>t I nq C--Iar oic9ino it rn t 44, i T AV 13 s~ ~y lie y , IT, innour o f Zone to the Worth of Subject Property I i I i 23K~ - ~ rc . 1: a F nZ ^Y~ ' t , 1 15 F' - _ f WOV, w- Aw U~..~ i f I i i i. Ashland Public Library A\A PROJECT LOCATION Co eel 99 PAW F~ ~U StM ~ ,.tr . hqr ~c x Gi y fiLENVIEW DR. ~xsHO caeteirv PEARL ~ ~ su►Marr ~'vqy~/ srsr VICINITY MAP NO SCALE INFORMATION PROJECT OWNER: Susan Springer (541) 601-6406 PROJECT ADDRESS: 374 Hargadine Street Ashland, Oregon 97520 LEGAL DESCRIPTION Township 39, Range lE 9131) OF PROJECT PROPERTY: Tax Lot #9000 ZONING: R-2 ARCHITECT: Joyce Christine Ward (541) 482-3004 PROJECT DESCRIPTION: Remodel of existing two-story, concrete block apartment and storage building "behind" the existing "Alice Foster House" AREAS: Site 6750 sq. ft. Gross Area, Two Structures 3290 sq. ft. DWELLING UNITS: Historic Home to remain, 4 bedrooms 2234 sq. ft. Rental Unit to be remodeled, 1 bedroom 1056 sq. ft. Landscaping and Outdoor Use 3703 sq. ft. % COVERAGE: Structures 37% Three Parking Spaces 8% Landscaping and Outdoor Use 55% AREA TO BE REMODELED: 1056 sq. ft. NOTE: (E) = existing (N) = new i •FH ~I rClrl~~# M CN ~c~I ~ ,`6 P rL 1,,0 (66H owe) ALL cep r~~~~ r® ~~M~M ` r UTi~,TY Pa~-~ pro SIGN T iV- - 7 r 12- i LAW I~H qLl E: F7 ~-l 140 ,~~U I r ~Ja'9rG YY( 8 - a - I~ fN-~- AloFr.,® CN PtY n.i ~oN`f Y~l~: ~~I►-I~LC✓ 177 r4c E _ N W PAN ~'M l 1NP.R►'~'~, - - le,) wp, ' ii.a ? ~Yr~Y- xT 10 r To C)~- YPI M, TY To r LT rff~ H6 ~'t"'"' ~ i' ~ 4./ 1._ ! ® 4e/ 1 ~ (w ~D ~ H~ 1. _ ~ V P la 1 ' I'~ r r ZONING MIT APPLICATION r ` Planning Division 51 Winbum Way, Ashland OR 9752.0 r CITY o F 541-488-5305 Fax 541-488-6006 FILE ASHLAND i DESCRIPTION OF PROJECT DESCRIPTION OF PROPERTY Pursuing LEED® Certification? ® YES ❑ NO Street Address 3 d 571 Assessor's Map No. 39 I E Tax Lot(s) Zoning Comp Plan Designation APPLICANT Name Phone ( E-Mail - i ~ Address City Do. I-,- Z e PROPERTY OWNER Name r : Phone E-Mail Address - r f C- - r Zip City - SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER 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. 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 I produced suflicient factual evidence at the hearing to support this request; .2) that the findings of fact furnished justifies the granting of the request; 3) that the findings of fact fumished by me are adequate; and further 4) that all structures or improvements are properly located on the ground. Failure 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, Applicant's Signature Date As owner of the property involved in his request, l have read and understood the complete application and its consequences to me as a property owner. Property Dwner'2ignature (required) Date [To be completed by City Staflj Date Received Zoning Permit Type Filing Fee $ t I OVER F1 GAcomm-devlplapningXFar= & AaodoutslZoniog Permit A.pplicatiomdoc Job Address: 0 TBA Contractor: ASHLAND OR 97520 Address: A C P Owner's Name: SPRINGER SUSAN E O Phone: Customer 07309 N State Lic No: P SPRINGER SUSAN E T City Lic No: L Applicant: 19 GRESHAM ST R Address: ASHLAND OR 97520 A C C Sub-Contractor: A Phone: T Address: N Applied: 08/08/2013 0 T Issued: Expires: 02/04/2014 R Phone: State Lic No: Maplot: City Lic No: DESCRIPTION: Address is 374 Hargadine CUP - Administrative 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 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 CITY OF ASHLAND