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HomeMy WebLinkAboutA_868_PA-2015-00203 CITY T 1 March 10, 2016 Notice of Final Decision The Ashland Planning Commission has approved the request for the following: Planning Action: PA-2015-02203 Subject Property: 868 A Street Applicant: Mark Lackey Owner: Harriet & Steve Saturen/Linda Millemann Description: A request for Site Design Review and a Conditional Use Permit to allow for a second story addition to an existing non-conforming cottage at the rear of the property located at 868 A Street. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 39 lE 09AA; TAX LOT: 6800. The Planning Commission's decision becomes final and effective ten days after this Notice of Final Decision is mailed. Approval is valid for a period of 18 months 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. This decision may be appealed to the Ashland City Council if a Notice of Appeal is filed prior to the effective date of the decision and with the required fee ($325), in accordance with section 18.5.1.060.1 of the Ashland Municipal Code, which is also 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 Mark Schexnayder in the Community Development Department at (541) 488-5305. cc: Harriet & Steve Saturen/Linda. Millemann Parties of record COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 ` www.ashland.or.us \1 SECTION 18.5.1.060.1 1. Appeal of Type H Decision. The City Council may call up a Type II decision pursuant to section 18.5.1.060.J. A Type H decision may also be appealed to the Council as follows. 1. Who MU Appeal. Appeals may only be filed by parties to the planning action. "Parties" shall be defined as the following. a. The applicant. b. Persons who participated in the public hearing, either orally or in writing. Failure to participate in the public hearing, either orally or in writing, precludes the right of appeal to the Council. c. Persons who were entitled to receive notice of the action but did not receive notice due to error. 2. Appeal Filing Procedure. a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.060.I.1, above, may appeal a Type II decision by filing a notice of appeal and paying the appeal fee according to the procedures of this subsection. b. Time for Filing. The notice of appeal shall be filed with the City Administrator within ten days of the date the notice of decision is mailed. c. Content of Notice of Appeal. The notice shall include the appellant's name, address, a reference to the decision sought to be reviewed, a statement as to how the appellant qualifies as a party, the date of the decision being appealed, and a clear and distinct identification of I the specific grounds for which the decision should be reversed or modified, based on identified applicable criteria or procedural irregularity. d. 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. 3. Mailed Notice. The City shall mail the notice of appeal together with a notice of the date, time, and place to consider the appeal by the City Council to the parties, as provided in subsection I8.5.1.060.H.1, at least 20 days prior to the meeting. 4. Scope of Appeal. a. Except upon the election to reopen the record as set forth in subsection 18.5.1.060.I.4.b, below, the review of a decision of the Planning Commission by the City Council shall be confined to the record of the proceeding before the Commission. The record shall consist of the application and all materials submitted with it; documentary evidence, exhibits, and materials submitted during the hearing or at other times when the record before the Commission was open; recorded testimony; (including DVDs when available), the executed decision of the Commission, including the findings and conclusions. In addition, for purposes of Council review, the notice of appeal and the written arguments submitted by the parties to the appeal, and the oral arguments, if any, shall become part of the record of the appeal proceeding. b. Reopening the Record. The City Council may reopen the record and consider new evidence on a limited basis, if such a request to reopen the record is made to the City Administrator together with the filing of the notice of appeal and the City Administrator determines prior to the Council appeal hearing that the requesting party has demonstrated one or more of the following. i. That the Planning Commission committed a procedural error, through no fault of the COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 I www.ashland.or.us 'i requesting party, that prejudiced the requesting party's substantial rights and that reopening the record before the Council is the only means of correcting the error. ii. That a factual error occurred before the Commission through no fault of the requesting party which is relevant to an approval criterion and material to the decision. iii. That new evidence material to the decision on appeal exists which was unavailable, through no fault of the requesting party, when the record of the proceeding was open, and during the period when the requesting party could have requested reconsideration. A requesting party may only qualify for this exception if he or she demonstrates that the new evidence is relevant to an approval criterion and material to the decision. This exception shall be strictly construed by the Council in order to ensure that only relevant evidence and testimony is submitted to the hearing body. iv. Re-opening the record for purposes of this section means the submission of additional written testimony and evidence, not oral testimony or presentation of evidence before the Council. 5. Appeal Hearing Procedure. The decision of the City Council is the final decision of the City on an appeal of a Type II decision, unless the decision is remanded to the Planning Commission. a. Oral Argument. Oral argument on the appeal shall be permitted before the Council. Oral argument shall be limited to ten minutes for the applicant, ten for the appellant, if different, and three minutes for any other party who participated below. A party shall not be permitted oral argument if written arguments have not been timely submitted. Written arguments shall be submitted no less than ten days prior to the Council consideration of the appeal. Written and oral arguments on the appeal shall be limited to those issues clearly and distinctly set forth in the notice of appeal; similarly, oral argument shall be confined to the substance of the written argument. b. Scope of Appeal Deliberations. Upon review, and except when limited reopening of the record is allowed, the Council shall not re-examine issues of fact and shall limit its review to determining whether there is substantial evidence to support the findings of the Planning Commission, or to determining if errors in law were committed by the Commission. Review shall in any event be limited to those issues clearly and distinctly set forth in the notice of appeal. No issue may be raised on appeal to the Council that was not raised before the Commission with sufficient specificity to enable the Commission and the parties to respond. c. Council Decision. The Council may affirm, reverse, modify, or remand the decision and may approve or deny the request, or grant approval with conditions. The Council shall make findings and conclusions, and make a decision based on the record before it as justification for its action. The Council shall cause copies of a final order to be sent to all parties participating in the appeal. Upon recommendation of the Administrator, the Council may elect to summarily remand the matter to the Planning Commission. If the Council elects to remand a decision to the Commission, either summarily or otherwise, the Commission decision shall be the final decision of the City, unless the Council calls the matter up pursuant to subsection 18.5.1.060.J. 6. Record of the Public Hearing. For purposes of City Council review, the notice of appeal and the written arguments submitted by the parties to the appeal, and the oral arguments, if any, shall become part of the record of the appeal proceeding. The public hearing record shall include the following information. a. The notice of appeal and the written arguments submitted by the parties to the appeal. COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 \ www.ashland.or.us ' l i I°; t b. Copies of all notices given as required by this chapter, and correspondence regarding the application that the City mailed or received. c. All materials considered by the hearings body including the application and all materials submitted with it. d. Documentary evidence, exhibits and materials submitted during the hearing or at other times when the record before the Planning Commission was open. e. Recorded testimony (including DVDs when available). f. All materials submitted by the Staff Advisor to the hearings body regarding the application; i g. The minutes of the hearing. { g. The final written decision of the Commission including findings and conclusions. 7. Effective Date and Appeals to State Land Use Board of Appeals. City Council decisions on Type II applications are final the date the City mails the notice of decision. Appeals of Council decisions on Type II applications must be filed with the State Land Use Board of Appeals, pursuant to ORS 197.805 - 197.860. E E: j COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.asbland.or.us I '~l BEFORE THE PLANNING COMMISSION March 8, 2016 I IN THE MATTER OF PLANNING ACTION #2015-02203, A REQUEST FOR A ) CONDITIONAL USE PERMIT AND SITE DESIGN REVIEW TO ENLARGE ) A NONCONFORMING STRUCTURE FOR THE PROPERTY LOCATED ) AT 868 A STREET. THE PROPOSAL IS TO ENLARGE THE DETACHED ) FINDINGS, RESDIENTIAL UNIT LOCATED AT THE REAR OF THE PROPERTY BY ) CONCLUSIONS, EXPANDING THE FIRST FLOOR AND ADDING A SECOND FLOOR. ) & ORDERS i APPLICANTS: Mark Lackey ) RECITALS: 1) Tax lot #6800 of Map 39 lE 09 AA is located at 868 A Street and is zoned E-1, Employment. 2) The hearing before the Planning Commission involves a request for a Conditional Use Permit and Site Design Review to enlarge a nonconforming structure by adding 120 square feet to the first floor and a second floor of 528 square feet to the detached residential unit located at the rear of the property. The proposal is outlined in the plans on file in the Department of Community Development. 3) The criteria for Conditional Use Permit approval are described in Ashland Municipal Code (AMC) 18.5.4.050.A as follows: 1. 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. 2. That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the development, and adequate transportation-can and will be provided to the subject property. C 3. 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, pursuant with subsection 18.5.4.050.A.5, below. 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. a. Similarity in scale, bulk, and coverage. b. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. PA #2015-02203 March 8, 2016 Page 1 C. Architectural compatibility with the impact area. d. Air quality, including the generation of dust, odors, or other environmental pollutants. e. Generation of noise, light, and glare. f. The development of adjacent properties as envisioned in the Comprehensive Plan. g. Other factors found to be relevant by the approval authority for review of j the proposed use. 4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance. 5. For the purposes of reviewing conditional use permit applications for conformity with the approval criteria of this subsection, the target uses of each zone are as follows. a. WR and RR. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential Zones. b. R-1. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential Zones. C. R-2 and R-3. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential Zones. d. C-1. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio, complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance requirements, e. C-1-D. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 1.00 gross floor to area ratio, complying with all ordinance requirements. f. E'-1. The general office uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio, complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance requirements. g. M-1. The general light industrial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, complying with all ordinance requirements. h. CM-C1. The general light industrial uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.50 gross floor to area ratio, complying with all ordinance requirements. PA #2015-02203 March 8, 2016 Page 2 i i. CM-OE and CM-MU. The general office uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.60 gross floor to area, complying with all ordinance requirements. k. CM NC. The retail commercial uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.60 gross floor to area ratio, complying with all ordinance requirements. 1. HC, NM, and SOU. The permitted uses listed in chapters 18.3.3 Health Care Services, 18.3.5 North Mountain Neighborhood, and 18.3.6 Southern Oregon University District, respectively, complying with all ordinance requirements. 4) The criteria for Site Design Review approval are described in AMC 18.5.2.050 as follows: A. Underlying Zone: The proposal complies with all of the applicable provisions of the underlying zone (part 18.2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards. 8. Overlay Zones: The proposal complies with applicable overlay zone requirements (part 18.3). C. Site Development and Design Standards: The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided by subsection E, below. D. City Facilities: The proposal complies with the applicable standards in section`` 18.4.6 Public Facilities and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property and adequate transportation can and will be provided to the subject property. E. Exception to the Site Development and Design Standards. The approval authority may approve exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in either subsection 1 or 2, below, are found to exist. 1. There is a demonstrable difficulty meeting the specific requirements of the Site Development and Design Standards due to a unique or unusual aspect of an existing structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent properties; and approval of the exception is consistent with the stated purpose of the Site Development and Design; and the exception requested is the minimum which would alleviate the difficulty.; or 2. There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better achieves the stated purpose of the Site Development and Design PA 92015-02203 March 8, 2016 Page 3 h= Standards. i 5) The Planning Commission, following proper public notice, held a public hearing on February 9, 2016 at which time testimony was heard and evidence was presented. Subsequent to the closing of the hearing, the Planning Commission approved the application subject to conditions pertaining to the appropriate development of the site. G i Now, therefore, the Planning Commission of the City of Ashland finds, concludes and recommends as follows: SECTION 1. EXHIBITS ' G For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with a "Y' Opponent's Exhibits, lettered with an "O" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M" SECTION 2. CONCLUSORY FINDINGS 2.1 The Planning Commission finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony, and the exhibits received. 2.2 The Planning Commission finds that the proposal for a Conditional Use Permit and Site Design Review meets all applicable criteria for Conditional Use Permit approval described in AMC 18.5.4.050.A and Site Design Review approval described in AMC 18.5.2.050. 2.3 The Planning Commission finds that the application involves a request for a Conditional Use Permit and Site Design Review to enlarge a nonconforming structure by adding 120 square feet to the first floor and a second floor of 528 square feet to the detached residential unit located at the rear of the property for the property located at 868 A Street. As proposed, the unit would be slightly more than twice the current size, with a total size of 1,176 square feet. The detached residential unit located at the rear of the property is a nonconforming structure because the structure does not comply with the rear yard requirements of the Employment (E-1) zone. The subject property is located at 868 A Street, is zoned E-1, and located within the Historic District, Detail Site Review, and Residential overlays. The property is bounded by an alley to the south, employment-zoned properties to the east and west, and A Street to the north. The area across the alley to the south is zoned PA 92015-02203 March 8, 2016 Page 4 i Multi-Family Residential (R-2). The alley abutting the rear of the subject property is a 16-foot wide right- of-way and the driving surface is approximately 13-feet in width. The subject property is 6,534 square feet in size. i The subject property contains a primary residence that is oriented to A Street and a detached residential unit located at the rear of the property. There are two parking spaces located at the rear of the property that are accessed by the alley. The primary residence was constructed in 1906 and is listed as a "historic contributing" structure on the National Register of Historic Places as part of the Ashland Railroad Addition Historic District. The existing historic residence was constructed as a one-story wood frame cottage in a bungalow style. The detached residential unit is a garage that was converted into a residential unit after receiving a Conditional Use Permit approval in 1991 (PA 91-123). The square footage of this unit is approximately 528 square feet according to the application. According to the plans on file from the 1991 approval, the existing structure is a one-story building that is 12 feet in height from grade to the peak of the roof. The detached residential unit is a nonconforming structure because the structure does not comply with the rear yard requirements of the E-1 zone. The existing structure as well as the proposed two-story addition is located four feet from the rear property line. The center line of the alley abutting the rear yard of the property is the division between the E-1 zone and the R-2 zone to the south. As a result, the current rear yard requirements for the E-1 zone require the first story of a building on the subject property to be ten feet from the rear property line and the second story to be 20 feet from the rear property line. With the approved conversion of the garage to a residential unit, two off-street parking spaces were required for the existing dwelling and one additional parking space was required for the detached residential unit for a total of three vehicle parking spaces. The 1991 planning approval at that time noted that the three parking spaces were provided off of the rear alley. The approved site plan shows two off-street spaces located on the subject property and one off-street parking space on the neighboring property at 864 A Street. The current application and site plan indicate there are two off-street parking spaces located at the rear of the subject property. While not addressed in the application materials, the applicants' representative indicated that the third off-street parking space located on the neighboring property at 864 A Street, which in previous approvals was identified as seining the subject property, was not secured by an easement or any other similar instrument. The proposed expansion of the detached residential unit involves adding a second story of the same size as the existing building footprint and a first story addition of 120 square feet on the north side of the building towards A Street. A second story deck is proposed to be added above the new first story addition. The north side of the building includes doors oriented towards A Street and a new walkway that will connect the detached residential unit to the sidewalk on A Street. The structure will have a peak height of 22 feet 10 inches with an average height of 18.4 feet. The existing structure is 24 feet wide as measured along the rear property line and no change to the width is proposed. The proposed structure would have a single gable roof with a 6:12 pitch. The existing structures ridge runs east/west, parallel to PA #2015-02203 March 8, 2016 Page 5 I' t r. the alley. The proposed gable ridge would be turned to orient in a north/south direction, consistent with the primary residence. The exterior materials proposed for the structure are consistent with the recently restored primacy dwelling. Horizontal wood siding with similar reveal, 2 x 8 fascia boards, corbels, 2 x 8 belly band, comer boards, and "cottage" style double hung windows. The application indicates the structure will require a new foundation and an eight-inch reveal. The application proposes to provide two off-street parking spaces in the southwest corner of the property and to use two on-street parking spaces adjacent to the property frontage on A Street. 2.4 The Planning Commission finds that the detached residential unit at the rear of the property is a nonconforming structure because the building does not meet the rear yard requirement for the E-1 zone. AMC 18.6.1.030 defines nonconforming structure as the following. Nonconforming Structure. An existing structure that was created in conformance with the zoning regulations but that subsequently, due to a change in the zone or the zoning regulations, no longer conforms with the current applicable requirements of the zone in which it is located. See also, chapter 18.1.4 Nonconforming Situations. The existing detached residential unit is a nonconforming structure because the structure does not comply with the rear yard requirements of the E-1 zone. The existing structure is located approximately four feet from the rear property line. A new structure in the E-l zone requires a rear yard of ten-foot ! setback per story where the site abuts a residential zone. The subject property is located in the E-1 zone and the opposite side of the alley is in the R-2 zone. As a result, a new two story structure on the subject' site would have to locate the first story at least ten feet from the rear property line and the second story at least 20 feet from the rear property line. In September 1991, the subject property received a Conditional Use Permit to allow the conversion of an existing garage located at the rear of the property to a residential unit (PA 91-123). The footprint and location of the garage were not changed in 1991 and the garage did not meet the rear yard requirements of the E-1 zone at that time. The converted garage structure is the detached residential unit that is in place today. 2.5 The Planning Commission finds that the development is nonconforming because more than 50 percent of the lot is used for residential purposes. AMC 18.6.1.030 defines nonconforming use as follows. Nonconforming Use. A use that was allowed by right when established or that obtained a required land use approval when established, but that subsequently due to a change in the zone or zoning regulations, the use or the amount of floor area of the use is now prohibited in the zone. See also, chapter 18.1.4 Nonconforming Situations. PA #2015-02203 March 8, 2016 Page 6 Single and multi-family dwellings are allowed in the E-1 zone and are therefore not considered a nonconforming use. In the E-1 zone, single-family and multi-family dwellings are permitted at a density of 15 dwelling units per acre (AMC 18.2.3.130). The residential density of the subject property is 2.25 dwelling units. The property currently includes two residential units and the proposal maintains two residential units. While residential uses in the E-1 zone are allowed and therefore are not considered nonconforming uses, the amount of a building or lot in the E-1 zone that can be used for residential uses is limited. AMC 18.2.3.130.13 specifies the amount of floor area or lot area that can be used for residential uses as follows. B. Dwellings in the E-1 and C-1 zones shall meet all of the following standards: 1. If there is one building on a site, ground floorresidential uses shall occupy not more than 35 percent of the gross floor area of the ground floor. Where more than one building is located on a site, not more than 50 percent of the total lot area shall be designated for residential uses. The subject property is used entirely for residential uses and the proposal is to continue using 100 percent of the total lot area for residential uses. If the property were being newly developed with multiple buildings under current regulations, up to 50 percent of the lot could be dedicated to residential purposes. In September 1991, the subject property received a Conditional Use Permit to allow the conversion of an existing garage located at the rear of the property to a residential unit (PA 91-123). The footprint and location of the garage were not changed in 1991 and the garage did not meet the rear yard requirements of the E-1 zone at that time. The converted garage structure is the detached residential unit that is in place today. As a result, the use of the entire lot area for residential uses was solidified with the 1991 Conditional Use Permit approval. The use of 100 percent of the property for residential uses predates the adoption of the regulation of the amount of residential uses in the C-1 and E-1 zones in AMC 18.2.3.130.B. In 1991 when the property received a Conditional Use Permit to convert the garage to a residential unit, the land use ordinance allowed C-1 and E-1 properties to be developed entirely in residential uses through the Conditional Use Permit process. The regulation of the amount of residential uses in the C-1 and E-1 zones was put in place by Ordinance 2688, which was approved on October 20, 1992. The definition of nonconforming use in AMC 18.6.1.030 qualifies a nonconforming use as a use that was allowed when it was established but under current code "the use or the amount of floor area of the PA 92015-02203 March 8, 2016 Page 7 use is now prohibited in the zone." In the case of residential uses in the E-1 zone, the amount allowed is based on floor area if there is one building or lot area if there are multiple buildings. The Planning Commission finds that the floor area in the definition of nonconforming use is meant to address those cases where an amount of a use is regulated by the code and therefore is similar to the intent of lot area for multiple buildings in AMC 18.2.3.130.B. As a result, the Planning Commission finds the subject property as it exists today is a nonconforming use because of the amount of the lot area that is used for residential purposes. i If for some reason this does not satisfy a future hearing authority, AMC 18.6.1.030 defines nonconforming development as follows. The Planning Commission finds that the subject property could be considered a nonconforming development because the lot area used for residential uses exceeds current limitations. Nonconforming Development An element of a development, such as lot area, setback, height, lot coverage, landscaping, sidewalk, or parking area, or lack thereof, that was created in conformance with development regulations but subsequently, due to a change in the zone or applicable code standards, is no longer in conformance with the current applicable development regulations. See also, chapter 18.1.4 Nonconforming Situations. According to previous planning actions on file with the City of Ashland, approximately 400 square feet or 16 percent of the total square footage of the primary residence was used for a hair salon from 1989 to 1998 (PA 89-146). Beginning in 1994, the property also had approval to rent hotel/motel units with first one unit, then two units, and finally three rental units (PA 94-034, PA 96-044, PA 98-065). The hair salon was removed in 1998 when the motel/hotel was increased from two to three rental units. According to City files, the property owner lived on site in the primary residence in tandem with use of the property as a hair salon and a motel/hotel. The original motel approval specified that the detached residential unit at the rear of the property was used as motel unit during the summer months. In addition, there was testimony from a neighboring property owner at the February 9, 2016 public hearing that the residential units were used for long-term rental units throughout the subject property's history. Finally, the primary residence and detached residential unit were built as residential structures and continued to retain residential character throughout the history of the property. The Planning Commission finds the subject property including the residential structures have been historically used for primarily residential purposes. 2.6 The Planning Commission finds that the changes to nonconforming structures, uses, and developments may occur with the approval of a Conditional Use Permit application. AMC 18.1.4.030.B outlines the process for altering nonconforming structures. B. Planning Approval Required A nonconforming structure may be altered (i.e., reconstructed, enlarged, or modified) subject to approval of a Conditional Use Permit PA #2015-02203 March 8, 2016 Page 8 under chapter 18.5.4 and approval of required building permits, except that a planning action is not required for exempt alterations described in subsection 18.1.4.030.A, above. A nonconforming structure maybe rebuilt pursuant to this subsection, provided in a historic district the applicant must demonstrate that restoration is not practicable. AMC 18.6.1.030 defines reconstruct as follows. Reconstruct To recreate or reassemble a structure or building with a new or replacement structure that recreates or reproduces its form, shape, and location as originally built. AMC 18.1.4.020.13 outlines the process for altering nonconforming uses as follows. B. Expansion of Nonconforming Use. Expansion of a nonconforming use shall not exceed 50 percent of the building square footage. Expansion of a nonconforming use requires approval of a Conditional Use Permit under chapter 18.5.4. ES, If the residential use of the property is considered a nonconforming use, then the square footage of both dwelling units represents the square footage of the nonconforming use. There is 3,031 square feet of building in the primary residence and the detached residential unit at the rear of the property is 528 square feet in size for a total of 3,559 square feet of building square footage for the nonconforming use. The proposed expansion of the detached residential unit at the rear of the property includes the addition f F of 648 square feet of living space. The proposed expansion represents an 18 percent increase in the total residential building square footage which is below the maximum of a 50 percent increase in the building square footage. The Planning Commission treated the subject property as a nonconforming use in making the decision. However, as covered in section 2.5, the subject property could be considered a nonconforming development. AMC Title 18 Land Use allows for the enlargement and alteration of nonconforming developments in AMC 18.1.4.040.13 as follows. B. Planning Approval Required. A nonconforming development may be enlarged or altered subject to approval of a Conditional Use Permit under chapter 18.5.4 and approval of required building permits, except that a planning action is not required for exempt alterations described in subsection 18.1.4.040.A, above, and for non-residential development subject to subsection 18.4.2.040.8.6. 2.7 The Planning Commission finds that the maximum permitted floor area (MPFA) for the historic PA #2015-02203 March 8, 2016 Page 9 F I district overlay does not apply to the subject property because the property is located in the E-1 zone rather than a residential zone. The issue was raised at the public hearing that the MPFA requirements apply to the proposed development which is located in the E-1 zone. The MPFA ordinance was adopted on September 23, 2003 by Ordinance 2901. The ordinance established limits on maximum house sizes in the historic districts in Chapter 18.20 R-1 Single-Family Residential, Chapter 18.24 R-2 Low Density Multiple-Family Residential District, and Chapter 18. 28 R-3 High Density Multiple-Family Residential District. As a result, the MPFA requirements applied to the residential zones (i.e., R-1, R-2, and R-3) and were not applicable to the non-residential zones such as E-1. Title 18 Land Use of the Ashland Municipal Code was updated, reformatted, and reorganized in a multi- year project during 2013 and 2014. The ordinance was replaced in total with the adoption of Ordinance 3105 on December 17, 2014. As part of the project, the individual chapters on the zoning districts were eliminated and the base zones and allowed uses are now presented in Table 18.2.2.030 - Uses Allowed by Zone. This table includes a column for "Special Use Standards." In the row for "Multi-Family Dwelling", a note is included in the "Special Use Standards" column which says "Dwellings and additions in Historic District Overlay, see Sec. 18.2.3.120 and 18.2.5.070." Section 18.2.5.070 is the Maximum Permitted Residential Floor Area in the Historic District. Since multi-family dwellings are listed as a use that is permitted with special use standards, the assertion at the hearing was that the MPFA section is applicable to the project. The Planning Commission finds that the legislative history of the MPFA requirements demonstrate that MPFA was clearly intended to apply to residential zones. Additionally, the Planning Commission finds that the notation in Table 18.2.2.030 is an unclear reference that is an oversight that occurred in reorganization of the ordinance in 2014 and was not intended to apply the MPFA requirements to the non-residential zones. Section 18.2.5.070 Maximum Permitted Residential Floor Area in the Historic District is located in Chapter 18.2.5 Standards for Residential Zones. Chapter 18.2.5 Standards for Residential Zones is intended to apply residential zones. In contrast, MPFA is not included in the requirements in Chapter 18.2.6 Standards for Non-Residential Zones. Finally, the subject property is located in the Detail Site Review overlay which includes a requirement that development have a minimum floor area ratio (FAR) of .50 (AMC 18.4.2.040.C. La). The minimum FAR for the subject property is 3,267 square feet or half the size of the lot. In contrast, the MPFA for two multi-family dwellings on a property of the same size is 2,300 square feet. The intent of the minimum FAR is to have commercial and employment properties in the C-1 and E-1 zones develop at an intensity that will provide a mix of uses, a walkable environment, and employment space that will contribute jobs to address the City's employment projections for the next 20 years. Clearly, reducing the building size by applying the MPFA to the non-residential zones is counter to the minimum FAR h requirement. Nevertheless, if the MPFA is applied to the subject property the proposed development complies with the requirement. The proposed development has 1,600 square feet in the first floor of the primary residence that counts towards the MPFA. The basement and the detached residential unit are not counted PA #2015-02203 March 8, 2016 Page 10 in the square footage for MPFA because these portions of a development are exempted by AMC 18.2.5.070. The proposed expansion of the detached residential unit is at the closest point located six feet and one inch from the primary residence which exceeds the requirement of a six-foot separation to not be counted in the square footage for MPFA. 2.8 The Planning Commission finds that a Conditional Use Permit may be granted if the approval authority finds that the application meets all applicable criteria, or can be made to conform through the imposition of conditions. The first of these criteria is, "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 Coinprehensive plan policies that are not implemented by any City, State, or Federal law or program. " The Planning Commission finds that the use of the entire lot for residential uses is a historic condition that predates the requirement in AMC 18.2.3.130 which requires no more than 50 percent of the total lot area shall be designated for residential uses when more than one building located on a site. Since AMC 18.1.4.020.13 permits the expansion of nonconforming use through the Conditional Use Permit process, the Conditional Use Permit criteria are applied to the use and associated structures outside of the nonconforming condition. In this case, the standards with the E-1 zone that apply are primarily dimensional requirements related to required yard areas and building height. f Outside of the nonconforming aspects of the development proposal including the nonconforming rear yard for the structure at the rear of the property and of the amount of the lot used for residential uses, the subject site meets the requirements of the E-1 district. The primary residence meets the required setbacks and is located 36 feet from the rear property line. The existing and proposed buildings are below the maximum height of 40 feet that is allowed in the E-1 zone. The second criterion is, "That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the development, and adequate transportation can and will be provided to the subject property. " There are two residential units currently in place on the subject property that are served by City facilities and the number of residential units does not increase with the proposed expansion of the detached residential unit. A Minor Land Partition and Site Design Review approved in 1982 required the primary vehicular access to the property via the rear alley and the pavement of the alley along the entire property's alley frontage in order to provide adequate access for vehicles and fire apparatus (PA 82-84). In 1989, the Site Design Review and Parking Variance allowing for a beauty salon on the subject property required, as part of the conditions of the approval, that the parking area at the rear of the subject property be cleaned, improved and striped prior to the commencement of the use (PA 89-146). As part of the Conditional Use Permit approving the second dwelling unit in 1991, it was noted that adequate water, sewer, storm drain, and electric facilities were required to serve the second dwelling unit. In 1998 the Conditional Use Permit to allow for the expansion of a traveler's accommodation from two units to three units required as conditions of approval that A Street should be fully improved and that curb cuts be refrained and filled with concrete (PA 98-065). A sidewalk is in place in the A Street right-of-way adjacent to the subject property. The Planning Commission finds that the past improvements required by previous planning actions addressed PA #2015-02203 March 8, 2016 Page 11 any deficiencies in City facilities and that adequate capacity of City facilities are in place to serve the expansion of the detached residential unit. The third criterion is, "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, pursuant with subsection 18.5.4.050.,4.5, below. 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: a) similarity in scale, bulk, and coverage; b) generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities; c) architectural compatibility with the impact area; d) air quality, including the generation of dust, odors, or other environmental pollutants; e) generation of noise, light, and glare; fi the development of adjacent properties as envisioned in the Comprehensive Plan; and g) other factors found to be relevant by the approval authority for review of the proposed use. " In this case, the lot size is 6,534 square feet and the target use of the property is a 3,267 square foot general office building. The combined square footage of the primary residence and the proposed two-story residence is 4,207 square feet. An office building of target use size would require seven off-street parking spaces whereas the current proposal requires four off-street parking spaces. A new building in the E-1 zone requires a rear yard of ten-foot setback per story where the site abuts a residential zone. The subject property is located in the E-1 zone and the opposite side of the alley is in the R-2 zone. As a result, a new structure on the subject site would have to locate the first story at least ten feet from the rear property line, the second story at least 20 feet from the rear property line, and the third story at least 30 feet from the rear property line. The same setbacks would apply if the existing home were converted or enlarged to create a general office building. The allowed building height in the E-I zone is 40 feet, which is typically the equivalent of a three-story building. In terms of the target use comparison, the question is whether a greater adverse material effect on the surrounding neighborhood or impact area would result from the proposal to enlarge the detached residential unit within four feet of the alley compared to a new general office building or the existing home converted to an office building that meets the rear yard requirements of ten feet per story. In terms of similarity in scale, bulk, and coverage, the proposed structure will have a peak height of 22 feet 10 inches with an average height of 18.4 feet. The existing structure is 24 feet wide as measured along the rear property line and no change to the width is proposed. The proposed structure would have a single gable roof with a 6:12 pitch which is the same as the primary residence. The existing structures ridge runs east/west, parallel to the alley. The proposed gable ridge would be turned to orient in a north/south direction, consistent with the primary residence. The surrounding area contains a mix of historic and more modern structures in a variety of architectural styles. The lots on A Street from Seventh to Eighth Street include historic residences as well as more contemporary structures such as a cabinet shop. The properties on the south side of the alley are in the R-2 zone and the structures are residential in design. PA #2015-02203 March 8, 2016 Page 12 ~ l The interface of the structures with the alley is also varied. On the north side of the alley, there five properties. The majority of the alley frontage is comprised of parking areas or yard areas. There are two properties that have structures directly abutting the alley with little or no setback located at 864 and 842 A Street. Both of the aforementioned properties have a smaller volume portion of the building abutting the alley with to a larger building attached approximately 10 to 20 feet into the property. The two properties on the south side of the alley are residential buildings and have side yards facing the alley. These structure are between six to ten feet from the property line abutting the alley with one of the two being a one-story building and the other being a two-story building. The height of the enlarged second unit is similar to, if not smaller than, the residential structure on the opposite side of the alley located at 267 Eighth Street In addition, the 16-foot wide alley right-of-way provides an additional buffer between properties in the employment and residential zones which IG mitigates the impact of the height of the enlarged second unit. In terms of scale, the enlarged unit is relatively narrow at 24 feet in width when measured parallel to the alley and the scale is considerable smaller or narrower than the structure located at 842 A Street or the residential structures on the south side of the alley. The coverage of the property with the proposed enlargement of the detached residential unit is proposed to be at 50% which again is similar to the residential structures to the south of the alley and to the residence to the east located at 886 A Street. The Planning Commission finds the historic development pattern of the E-1 zone properties on the north side of the alley includes structures that are located at or within a few feet of the property line adjacent to the alley and therefore do not meet current requirements for a ten-foot setback per story. i Despite the employment zoning of the current times, the property was developed historically as a residential property. The primary residence is designated as a historic contributing structure on the National Register of Historic Places as part of the Ashland Railroad Addition Historic District. The historic status means that it is important to the integrity of the nationally-listed Ashland Railroad Addition Historic District that the historic integrity of the primary residence is preserved. According to the applicant's testimony at the Historic Commission meeting on February 3, 2016, the alternative to the proposed detached two-story structure is to add a second story to the historic contributing structure. The Historic Commission felt the flexibility in the rear yard setback allows the property to evolve in a way that is architecturally compatible with the impact area, consistent with the development pattern of the impact area, and will at the same time preserve the historic home. The Planning Commission agrees with the Historic Commission and finds that proposed enlargement of the detached residential unit at the rear of the property is architecturally compatible and similar in scale, bulk, and coverage to the surrounding structures in the impact area. The exterior materials proposed for the structure are consistent with the recently restored primary dwelling. Horizontal wood siding with similar reveal, 2 x 8 fascia boards, corbels, 2 x 8 belly band, corner boards, and "cottage" style double hung windows. The application indicates the structure will require a new foundation and an eight-inch reveal. The Planning Commission finds the exterior materials are architecturally compatible with the existing historic structure and surrounding area. The Institute of Transportation Engineers (ITE) Trip Generation manual assume approximately 9.55 PA #2015-02203 March 8, 2016 Page 13 E daily trips for a typical single family residence and 6.47 daily trips for a multi-family residential unit. This would put the likely daily trips for two dwelling units here at 13-20 daily trips. In comparison, the target use of a 3,267 square foot office would generate an average of 36 trips a day. Therefore, the two residential units will generate fewer trips and impacts on surrounding streets than the target use of the property of a 3,267 square foot office building. In addition, it is difficult to make a determination that there is a demonstrable difference in the likely noise, light, and glare or generation of dust and odors that would be generated by two residential units compared to a general office building. The Planning Commission finds that adjacent properties are largely developed according to the Comprehensive Plan's vision, and that enlarging the second dwelling unit at the rear of the property will not adversely impact further development of adjacent properties. The Planning Commission finds that the proposal to enlarge the residential unit within four feet of the rear property line will not create a greater adverse material effect on the impact area compared to a general office use of approximately 3, 200 square feet in size. Whether the general office use was accommodated in a new building or the existing home converted to an office building, the use could be accommodated and meet the rear yard requirements of ten feet per story. However, the building could be multi-story. A typical two-story office building in Ashland is approximately 30 feet in height and would be taller than the proposed enlarged second unit at just under 22 feet to the peak of the roof. Additionally, a general office building would typically be a wider structure that is larger in scale and size than the proposed 24-foot wide residential unit. Finally, according to ITE estimates the target use would generate approximately 16 to 23 additional automobile trips per day than the proposed development consisting of two residential units. There was testimony received at the public hearing on February 9 regarding the impact of the proposed second story balcony on the privacy of the property directly to the east, which is located at 886 A Street. The property located at 886 A Street is similar to the subject property in that it is also zoned E-1, is a similar lot size at approximately 6,100 square feet, and contains residential structures that are used for residential purposes. The Planning Commission finds that the new second story of detached residential structure has been thoughtfully designed in that the second story addition does not contain windows facing the 886 A Street property. In addition, the second story deck faces towards A Street and the interior of the subject property as opposed to be located on the east side of the building. Since both properties, as well as all of the properties fronting A Street on the same block, are zoned E-1, a standard side yard is not required by the land use ordinance. The existing and proposed side yard setback to the east of the detached residential unit is seven feet and nine inches. In terms of looking at the impacts of the balcony compared to those of the target use, a new commercial structure or addition could be located closer to the east or side property line than the proposed expansion of the detached residential unit. In addition, a general office could be multi-story and contain a balcony on the side of the building. The fourth criterion is that, "A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance. " In this instance, the proposed enlargement of a nonconforming structure and expansion of a nonconforming use is permitted through the Conditional PA #2015-02203 March 8, 2016 Page 14 Use Permit process in accordance with AMC 18.1.4.030.13 and AMC 18.1.4.030.13. The fifth criterion provides that, "For the purposes of reviewing conditional use permit applications for° conformity with the approval criteria of this subsection, the target uses of [the]... E-I [zones are as follows]: The general office uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio, complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance requirements. " In this case, the lot size is 6,534 square feet and the target use of the property is a 3,267 square foot office building. 2.9 The project requires Site Design Review because any project involving two or more residential units requires Site Design Review approval (AMC 18.5.2.020.B.1) and is subject to the Historic District Standards in AMC 18.4.2.050 because the project is located in the Historic District overlay (AMC 18.3.12.050). The first approval criterion for Site Design Review is that, "The proposal complies with all of the applicable provisions of the underlying zone (part 18.2), including but not limited to., building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards." Outside of the nonconforming aspects of the structure at the rear of the property and of the residential uses discussed previously, the subject site meets the requirements of the E-1 district. The primary residence meets the required setbacks and is located 36 feet from the rear property line. The existing and proposed buildings are below the maximum height of 40 feet that is allowed in the E-1 zone. The landscaped area is approximately 50 percent of the lot area which exceeds the 15 percent requirement.' The second Site Design Review approval criterion is that, "The proposal complies with applicable overlay zone requirements (part 18.3)." The project is subject to the Historic District Standards in AMC 18.4.2.050 because the project is located in the Historic District overlay (AMC 18.3.12.050). The proposed enlargement of the residential unit at the rear of the property is within the range of heights of the buildings on and across the alley, is of a similar scale (i.e., height, width and massing) of buildings in the vicinity, is consistent with setback lines of adjacent historic buildings, and has a similar roof pitch with historic residential buildings in the vicinity. The form of buildings (i.e., vertical versus horizontal building) is varied in the surrounding area and does not consist of a predominant orientation. The Planning Commission finds the application meets the Historic District Standards. The third approval criterion is that, "The proposal complies with the applicable Site Development and Design Standards ofpart 18.4, except as provided by subsection E, below." The Planning Commission finds that generally, these standards seek to improve each project's appearance; to create a positive, human scale relationship between proposed buildings and the streetscape which encourages bicycle and pedestrian travel; to lessen the visual and climatic impacts of parking; and to screen adjacent uses from adverse impacts of development. To these ends, buildings are to have their primary orientation to the street rather than to parking areas, with visible, functional, and attractive entrances oriented to the street and accessed directly from the public sidewalk. The orientation of the primary residence to the street is not impacted by the proposal and the property continues to satisfy these requirements. The proposed PA #2015-02203 March 8, 2016 Page 15 E expansion of the detached residence will also have entrance facing A Street as well as a pedestrian connection from the door to the sidewalk on A Street. The development requires a total of four off-street parking spaces with two spaces required for the primary dwelling and two spaces required for the proposed unit at the rear of the property (AMC 18.4.3.040). The application proposes to provide two parking spaces at the rear of the property and accessed by the alley, and to use the two on-street spaces on the on the property's A Street frontage. The property as it exists today requires three off-street parking spaces with two required for the primary dwelling and one space required for the unit at the rear of the property. The proposed increase in the size of the unit at the rear of the property increases the off-street parking requirement by one space. The 1998 planning application for a three-unit motel was required to have four off-street parking spaces and the approved configuration was three parking spaces adjacent to the alley and one on-street credit (PA 98-065). After reviewing the planning files, staff determined that one of the three off-street parking spaces that has been historically shown as serving the subject property is physically located on the adjacent property to the west (cabinet shop at 864 A Street). The applicants' representative indicated that the third off-street parking space located on the neighboring property at 864 A Street was not secured by an easement or any other similar instrument. As a result, this third parking spaces is not available for the current proposal.' r Off-street parking may be reduced by the use of on-street parking spaces (AMC 18.4.3.060.A). One on- street parking space may be used in place of one off-street parking space. The required off-street parking may be reduced up to 50 percent through an on-street parking credit. The use of on-street parking spaces to meet the required off-street parking requirement is not an automatic credit, but rather a discretionary decision that the Planning Commission. The Planning Commission finds that the use of two on-street credits is allowable under AMC 18.4.3.060.A because a total of four spaces are required and two credits would be a 50 percent of the required off-street parking. The lots that front on A Street are zoned E-1 and the zoning allows a mix of commercial, light industrial, and residential uses. The Planning Commission finds that the long term redevelopment of many of the lots in the impact area that are abutting A Street is unlikely given the historic development pattern, lot sizes, and recent investment in several of the properties. In addition, the Planning Commission finds that the on-street parking on the north side of the street abutting the public park provides additional parking opportunities. Finally, the parking occupancy inventories completed by the City as part of the Downtown Parking and Multi-Modal Study show the highest parking occupancy rates surrounding the downtown core with occupancy rates decreasing in the residential areas west of Second Street. The Planning Commission finds that the use of two on-street parking spaces on the property's A Street frontage will not significantly impact the availability of on-street parking now or in the future and that the use of two on-street credits is appropriate given the parking demand for the subject property's two residential units. The fourth approval criterion for Site Design Review is that, "The proposal complies with the applicable standards in section 18.4.6 Public Facilities and that adequate capacity of City facilities for 1i)ater, sewer, electricity, urban storm drainage, paved access to and throughout the proper o) and adequate PA #2015-02203 March 8, 2016 Page 16 1 transportation can and will be provided to the subject property." There are two residential units currently in place on the subject property that are served by City facilities and the number of residential units does not increase with the proposed expansion of the detached residential unit. A Minor Land Partition and Site Design Review approved in 1982 required that the applicant to provide the primary vehicular access to the property via the rear alley and required to pave the alley along the entire property's alley frontage in order to provide adequate access for vehicles and fire apparatus (PA 82-84). In 1989, the Site Design Review and Parking Variance allowing for a beauty salon on the subject property required, as part of the conditions of the approval, that the parking area at the rear of the subject property be cleaned, improved and striped prior to the commencement of the use (89-146). As part of the Conditional Use Permit approving the second dwelling unit in 1991, it was noted that adequate water, sewer, storm drain, and electric facilities were required to serve the second dwelling unit. In 1998 the Conditional Use Permit to allow for the expansion of a traveler's accommodation from two units to three units required as conditions of approval that A Street should be fully improved and that curb cuts be refrained and filled with concrete (PA 98-065). A sidewalk is in place in the A Street right-of-way adjacent to the subject property. The Planning Commission finds that the past improvements required by previous planning actions addressed any deficiencies in City facilities and that adequate capacity of City facilities are in place to serve the expansion of the detached residential unit. SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that the request for a Conditional Use Permit and Site Design Review to enlarge a nonconforming structure by adding 120 square feet to the first floor and a second floor of 528 square feet to the detached residential unit located at the rear of the property for the property located at 868 A Street is supported by evidence contained within the whole record. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action #2015-02203. Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #2015-02203 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 specifically modified herein. 2) That the building permit submittals shall demonstrate that the construction does not include the demolition, as defined in AMC 15.04.210.A.1, of the detached residential unit at the rear of the property. If the proposal does include a demolition, the conditional use permit and site design review approvals of PA 2015-02203 are not valid. 3) That the plans submitted for the building permit shall be in conformance with those approved as part of this application. If the plans submitted for the building permit are not in conformance with those approved as part of this application, an application to modify this approval shall be submitted and approved prior to the issuance of a building permit. PA #2015-02203 March 8, 2016 Page 17 { 4) That building permit submittals shall include: a) The identification of all easements, including but not limited to any required public and private utility easements, mutual access easements, public pedestrian access easements, and fire apparatus access easements. b) The identification of exterior building materials and paint colors for the review and approval of the Staff Advisor. Materials shall be consistent with those described in the application. C) Specifications for all exterior lighting fixtures. Exterior lighting shall be directed on the property and shall not directly illuminate adjacent proprieties. d) Identification or required bicycle parking, which includes four covered bicycle parking spaces. Inverted ii-racks shall be used for bicycle parking, and all bicycle parking shall be installed in accordance with design and rack standards in 18.4.3.070.1 prior to the issuance of the certificate of occupancy. The building permit submittals shall verify that the bicycle parking spacing and coverage requirements are met. e) Lot coverage calculations including all building footprints, driveways, parking, and other coverage areas. f) That storm water from all new impervious surfaces and runoff associated with peak rainfalls must be collected on site and channeled to the City storm water collection system (i.e., curb gutter at public street, public storm pipe or public drainage way) or through an approved alternative in accordance with Ashland Building Division policy BD-PP-0029. On-site collection systems shall be detailed on the building permit submittals. 5) That prior to the issuance of the building permit, the commencement of site work including excavation, or the storage of materials: a) That tree protection measures shall be installed for all trees greater than six inches diameter at breast height on the subject property, including the two large evergreens in the northeast comer of the property, according to the AMC 18.4.5.030.C. The application shall obtain a Tree Verification Permit to inspect the installation of tree protection fencing for the trees to be protected on the site. b) That all necessary building permits fees and associated charges, including permits and connections fees for new, separate, underground electrical services to each proposed unit, and system development charges for water, sewer, storm water, parks, and transportation (less any credits for previously demolished sti actures) shall be paid. 6) That prior to the final approval of the project or issuance of a certificate of occupancy: a) Screening for the trash and recycling enclosure shall be installed in accordance with the Site Design and Use Standards, and an opportunity to recycle site of equal or greater size than PA #2015-02203 March 8, 2016 Page 18 { the solid waste receptacle shall be included in the trash enclosure as required in AMC 18.4.4.040. b All bicycle pailcmg shall be installed according to the approved plan, inspected, and approved by the Staff Advisor prior to the issuance of the certificate of occupancy. i i March E, 2016 i; Planning Commission Approval Date PA #2015-02203 March 8, 2016 Page 19 PA-2015-02203 391 E09AA 6900 PA-2015-02203 391 E09AA 7000 PA-2015-02203 391 E09AA 6700 ADLEMAN ALAN R MCCULLOH KENNETH S/STAYCE E MUNROE ROBERT W 886 A ST 267 EIGHTH ST 864 A ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2015-02203 391 E09AA 6800 PA-2015-02203 PA-2015-02203 SATUREN STEVEN L ET AL LINDA MILLEMANN INTEGRITY BUILDING CONTRACTORS 868 A ST UNIT 1 256 1/2 SIXTH ST MARK LACKEY ASHLAND, OR 97520 ASHLAND, OR 97520 PO BOX 225 ASHLAND, OR 97520 PA-2015-02203 868 A St ROGUE PLANNING & DEVELOPMENT 1424 S IVY NOD 3/10/16 MEDFORD, OR 97501 7 1 e I I' I r f f t,. 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 10, 2016 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 #2015-02203, 868 A Street. Signature of Employee Document2 3/1012016 Planning Commission Speaker Request Form 1) Complete this form and return it to the Secretary prior to the discussion of the item you wish to speak about. 2) Speak to the Planning Commission from the table podium microphone. 3) State your name and address for the record. 4) Limit your comments to the amount of time given to you by the Chair, usually 5 minutes. 5) If you present written materials, please give a copy to the Secretary for the record. 6) You may give written comments to the Secretary for the record if you do not wish to speak. 7) Speakers are solely responsible for the content of their public statement. hlamc - (please print) Add r ess (no P .O. l1oa) Phonc .S"~1'f qtr C ,S~[. 1G,mail a< < J~', =.1 l rc,o c-, It C L Tonight's Meeting Date Regular Meeting Agenda item number V I I OR Topic for public forum (non agenda item) Land Use Public Hearing For: Against: Challenge for Conflict of Interest or Bias If you are challenging a member (planning commissioner) with a conflict of interest or bias, please write your allegation complete with supporting facts on this form and deliver it to the clerk immediately. The Chair will address the written challenge with the member. Please be respectful of the proceeding and do not interrupt. You may also provide testimony about the challenge when you testify during the normal order of proceedings. Written Comments/Challenge: The Public Meeting Law requires that all city meetings are open to the public. Oregon lam, does not always require that the public be permitted to speak. The Ashland Planning Commission generally invites the public to speak on agenda items and during public forum on non-agenda items unless time constraints limit pzrblic testimony. No person has an absolute right to speak or participate in every phase of a proceeding. Please respect the order of proceedings for public hearings and strictly follow the directions of the presiding officer. Behavior or actions which ar•e rim easonably loud or• disruptive ar•e disrespectful, and may constitute disorderly conduct. Offenders will be requested to leave the room. Comments and statements by speakers do not represent the opinion of the City Council, City Officers or employees or the City of Ashland. Planning Commission Speaker Request Form 1) Complete this form and return it to the Secretary prior to the discussion of the item you wish to speak about. 2) Speak to the Planning Commission from the table podium microphone. 3) State your name and address for the record. 4) Limit your comments to the amount of time given to you by the Chair, usually 5 minutes. 5) If you present written materials, please give a copy to the Secretary for the record. 6) You may give written comments to the Secretary for the record if you do not wish to speak. 7) Speakers are solely responsible for the content of their public statement. Name (please print) - - Address (no P.O. Boa) Phone Email Tonight's Meeting Date Regular Meeting Agenda item number OR Topic for public forum (non agenda item) Land Use Public Hearing For: Against: Challenge for Conflict of Interest or Bias If you are challenging a member (planning commissioner) with a conflict of interest or bias, please write your allegation complete with supporting facts on this form and deliver it to the clerk immediately. The Chair will address the written challenge with the member. Please be respectful of the proceeding and do not interrupt. You may also provide testimony about the challenge when you testify during the normal order of proceedings. Written Comments/Challenge: The Public Meeting Lary requires that all city meetings are open to the public. Oregon larv does 1701 always require that the public be permitted to speak. The Ashland Planning Commission generally invites the public to speak on agenda items and during public forum on non-agenda items unless time ConstT'aims limit public testimony. No person has an absolute right to speak or participate in every phase of a proceeding. Please respect the order of proceedings for public hearings and strictly follow the directions of the presiding officer. Behavior or actions which are znareasonably lozrd or disruptive ar°e disrespectful and may constitute disorderly conduct. Offenders rr,ill be requested to leave the room. Comments and statements by speakers do not represent the opinion of the City Council, City Officers or employees or the City of Ashland. Planning Commission Speaker Request Form 1) Complete this form and return it to the Secretary prior to the discussion of the item you wish to speak about. 2) Speak to the Planning Commission from the table podium microphone. 3) State your name and address for the record. d) Limit your comments to the amount of time given to you by the Chair, usually 5 minutes. 5) If you present written materials, please give a copy to the Secretary for the record. 6) You may give written comments to the Secretary for the record if you do not wish to speak. 7) Speakers are solely responsible for the content of their public statement. Name (please print) Address (no P.O. Box) - Phone l mail r Tonight's Meeting Date r"_ _t-) -11 Regular Meeting Agenda item number OR Topic for public forum (non agenda item) f ; Land Use Public Hearing For•_ Against: Challenge for Conflict of Interest or Bias If you are challenging a member (planning commissioner) with a conflict of interest or bias, please write your allegation complete with supporting facts on this forin and deliver it to the clerk immediately. The Chair will address the written challenge with the member. Please be respectful of the proceeding and do not interrupt. You may also provide testimony about the challenge when you testify during the normal order of proceedings. Written Comments/Challenge: The Public Meeting Law requires that all city meetings are open to the public. Oregon law does not always require that the public be permitted to speak. The Ashland Planning Commission generally invites the public to speak on agenda items and during public forum on non-agenda items unless time constraints limit public testimony. No person has an absolute right to speak or participate in every phase of a proceeding. Please respect the ordei° of proceedings for public hearings and strictly follow the directions of the presiding officer. Behavior or actions which are unreasonably loud or disruptive are disrespecful, and may constitute disorderly conduct. Offenders will be requested to leave the room. Comments and statements by speakers do not represent the opinion of the City Council, City Officers or employees or the City of Ashland. Planning Commission Speaker Request Form 1) Complete this form and return it to the Secretary prior to the discussion of the item you wish to speak about. 2) Speak to the Planning Commission from the table podium microphone. 3) State your name and address for the record. 4) Limit your comments to the amount of time given to you by the Chair, usually 5 minutes. 5) If you present written materials, please give a copy to the Secretary for the record. 6) You may give written comments to the Secretary for the record if you do not wish to speak. 7) Speakers are solely responsible for the content of their public statement. Name (please print) - Address (no P.O. Box)_ Phone~-~f Email Tonight's Meeting Date qtr Regular Meeting Agenda item number OR Topic for public forum (non agenda item) Land Use Public Hearing For: Against: Challenge for Conflict of Interest or Bias If you are challenging a member (planning commissioner) with a conflict of interest or bias, please write your allegation complete with supporting facts on this form and deliver it to the clerk immediately. The Chair will address the written challenge with the member. Please be respectful of the proceeding and do not interrupt. You may also provide testimony about the challenge when you testify during the normal order of proceedings. Written Comments/Challenge: The Public Meeting Law requires that all city meetings are open to the public. Oregon law does not always require that the public be permitted to speak The Ashland Planzniiig COiiuiiissio7l generally invites the public to speak on agenda items and during public forum on non-agenda items unless time constraints limit public iestirrioiiy. No person has an absolute right to speak or participate in every phase of a proceeding. Please respect the order of proceedings, for public heai-iligs arld strictlj,, follow the directions of the presiding officer. Behavior or actions which are unreasonably loud or disruptive are disrespectful, and may constitute disorderly conduct. Offenders will be requested to leave the room. Continents and statements by speakers do not represent the opinion of the City Council, City Officers or employees or the City of Ashland. Planning Commission Speaker Request Form 1) Complete this form and return it to the Secretary prior to the discussion of the item you wish to speak about. 2) Speak to the Planning Commission from the table podium microphone. 3) State your name and address for the record. 4) Limit your comments to the amount of time given to you by the Chair, usually 5 minutes. 5) If you present written materials, please give a copy to the Secretary for the record. 6) You may give written comments to the Secretary for the record if you do not wish to speak. 7) Speakers are solely responsible for the content of their public statement. Name i (please print,) - - Address (no P.O. Box) Phone Tonight's Meeting Date Regular Meeting Agenda item number OR Topic for public forum (non agenda item) Land Use Public Hearing For: Against: Challenge for Conflict of Interest or Bias If you are challenging a member (planning commissioner) with a conflict of interest or bias, please write your allegation complete with supporting facts on this form and deliver it to the clerk immediately. The Chair will address the written challenge with the member. Please be respectful of the proceeding and do not interrupt. You may also provide testimony about the challenge when you testify during the normal order of proceedings. Written Comments/Challenge: The Public Meeting Law requires that all city meetings are open to the public. Oregon law does not always require that the public be permitled to speak. The Ashland Platu7ing Con7missiol7 gei7erally invites the public to speak on agenda items and during public forum on non-agenda items unless time constraints limit public testimony. No person has an absolute right to speak or participate i77 every phase of a proceeding. Please respect the order of proceedings for public hearings and strictly follow the directi077s of the presiding officer. Behavior or actions which are wu•easonably loud or disruptive are disrespectful, and may constitute disorderly conduct. Offenders will be requested to leave the room. Comments and statements by speakers do not represent the opinion of the City Council, City Officers or employees or the City of Ashland. Planning Commission ' Speaker Request Form 1) Complete this form and return it to the Secretary prior to the discussion of the item you wish to speak about. 2) Speak to the Planning Commission from the table podium microphone. 3) State your name and address for the record. 4) Limit your comments to the amount of time given to you by the Chair, usually 5 minutes. 5) If you present written materials, please give a copy to the Secretary for the record. 6) You may give written comments to the Secretary for the record if you do not wish to speak. 7) Speakers are solely responsible for the content of their public statement. Name (please print) - - - - Address (no P.O. 13ox) Phone V"Inail Tonight's Meeting Date Regular Meeting Agenda item number _ OR Topic for public forum (non agenda item) Land Use Public Hearing For: Against: Challenge for Conflict of Interest or Bias If you are challenging a member (planning commissioner) with a conflict of interest or bias, please write your allegation complete with supporting facts on this form and deliver it to the clerk immediately. The Chair will address the written challenge with the member. Please be respectful of the proceeding and do not interrupt. You may also provide testimony about the challenge when you testify during the normal order of proceedings. Written Comments/Challenge: The Public Meeting Lam requires that all city meetings are open to the public. Oregon la", does not always require that the public be permitted to speak. The Ashland Planning Commission generally invites the public to speak on agenda items and during public forum on non-agenda items unless time constraints limit public testimony. No person has an absolute right to speak or participate in every phase of a proceeding. Please respect the order- of proceedings for public hearings and strictly follow the directions of the presiding officer. Behavior or actions ia,hich are unreasonably loud or disruptive are disrespectful, and may constitute disorderly conduct. Offenders mill be requested to leave the room. Comments and statements by speakers do not represent the opinion of the City Council, City Officers or employees or the City of Ashland. IN THE MATTER OF PLANNING ACTION #2015-00797, a request for a ) REQUEST FOR Conditional Use Permit and Site Design Review to allow for the reconstruction of ) AN an existing nonconforming residential unit located at the rear of the property for the ) EXTENSION property located at 868 A Street. The proposal also includes expanding the first ) OF THE 120- floor of the nonconforming structure and adding a second story. ) DAY TIME LIMIT APPLICANTS: Mark Lackey ORS 227.178(1) Applicants request a 60-day extension to the time limits set forth in ORS 227.178(1). i I i i I JJ Mark Bey, applicant Date [Note: ORS 227.178(5) provides that the "120-day period set in (ORS 227.178(1)) may be extended for a specified period of time at the written request of the applicant. The total of all extensions may not exceed 245 days."] E f I 4 f i c E k o~ R,t3 ~ y F i l ASHLAND HISTORIC COMMISSION Planning Application Review February 3, 2016 PLANNING ACTION: PA-2015-02203 SUBJECT PROPERTY: 868 A Street APPLICANT: Mark Lackey OWNER: Linda Millemann, Steven and Harriet Saturen DESCRIPTION: A request for a Site Design Review and a Conditional Use Permit to allow for a second story addition to the existing cottage at the rear of the property located at 868 A Street. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 39 1 E 09AA; TAX LOTS: 6800 I Recommendation: The Historic Commission recommends approving the application as submitted. The Historic Commission believes that the applicants have made changes to architectural details of the structure that make the building more historically accurate. In addition, the height, bulk, and scale of the structure is appropriate for the historic district. Department of Community Development Tel: 541-488-5305 20 East Main St. Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us i Planning Department, 51 Winburn Way, Ashland, Oregon 97520 CITY j 541-488-5305 Fax: 541-552-2050 www,ashland.or.us TTY: 1-800-735-2900 ASHLAND PLANNING ACTION: 2016-02203 SUBJECT PROPERTY: 868 A Street OWNER: Harriet & Steve Saturen/Linda Millemann APPLICANT: Mark Lackey DESCRIPTION: A request for Site Design Review and a Conditional Use Permit to allow for a second story addition to an existing non-conforming cottage at the rear of the property located at 868 A Street. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-l; ASSESSOR'S MAP: 39 1E 09AA; TAX LOT: 6800. NOTE: The Ashland Historic Commission will also review this Planning Action on Wednesday February 3, 2016 at 6:00 PM in the Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way. ASHLAND PLANNING COMMISSION MEETING: i , - qS~ SUBJECTPROPERTY X 868 A Street 2015-02203 Ya a 1 - I T a _ v 1:600 A„ _ - GfYY of 1 inch = 50 feet w }E -AS"LAN L> Y Mapping is _-tlc only end bea s na wa runty of accuracy. All leaturea, structures, frscllines, eaae,nant ar roadway locallons 0 25 Sa Feet should be lndependentl_ 1vmlf~d for exlatenca and/or locadon, Notice is hereby given that a PUBLIC HEARING on the following request with respect to the ASHLAND LAND USE ORDINANCE will be held before the ASHLAND PLANNING COMMISSION on meeting date shown above. The meeting will be at the ASHLAND CIVIC CENTER, 1175 East Main Street, Ashland, Oregon. The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, either in person or 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 Commission 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. A copy of the Staff Report will be available for inspection seven days prior to the hearing and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Department, Community Development and Engineering Services, 51 Winburn Way, Ashland, Oregon 97520. During the Public Hearing, the Chair shall allow testimony from the applicant and those in attendance concerning this request. The Chair shall have the right to limit the length of testimony and require that comments be restricted to the applicable criteria. Unless there is a continuance, if a participant so requests before the conclusion of the hearing, the record shall remain open for at least seven days after the hearing. In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at 541-488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting. (28 CFR 35.102.-35.104 ADA Title 1). If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division, 541-488-5305. G:\comm-dev\planning\Planning Actions\Noticing Folder\Mailed Notices & Signs\2016\PA-2015-02203 Type 11.docx CONDITIONAL USE PERMITS 18.5.4.050.A A Conditional Use Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. 1. 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. 2. That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the development, and adequate transportation can and will be provided to the subject property. 3. 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, pursuant with subsection 18.5.4.050.A.5, below. 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, a. Similarity in scale, bulk, and coverage, b. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. c. Architectural compatibility with the impact area. d. Air quality, including the generation of dust, odors, or other environmental pollutants. e. Generation of noise, light, and glare, f. The development of adjacent properties as envisioned in the Comprehensive Plan. g. Other factors found to be relevant by the approval authority for review of the proposed use. 4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance. 5. For the purposes of reviewing conditional use permit applications for conformity with the approval criteria of this subsection, the target uses of each zone are as follows. a. WR and RR. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential Zones. b. R-1. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential Zones. c. R-2 and R-3. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential Zones. d. C-1. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio, complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0,50 floor to area ratio, complying with all ordinance requirements. e. C-1-D. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 1.00 gross floor to area ratio, complying with all ordinance requirements. f. E-1. The general office uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio, complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance requirements. g. M-1. The general light industrial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, complying with all ordinance requirements. h. CM-C1. The general light industrial uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.50 gross floor to area ratio, complying with all ordinance requirements, i. CM-OE and CM-MU. The general office uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.60 gross floor to area, complying with all ordinance requirements. k. CM-NC. The retail commercial uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.60 gross floor to area ratio, complying with all ordinance requirements. 1. HC, NM, and SOU. The permitted uses listed in chapters 18.3.3 Health Care Services, 18.3,5 North Mountain Neighborhood, and 18.3.6 Southern Oregon University District, respectively, complying with all ordinance requirements. SITE DESIGN AND USE STANDARDS 18.5.2.050 The following criteria shall be used to approve or deny an application: A. Underlying Zone: The proposal complies with all of the applicable provisions of the underlying zone (part 18.2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards. B. Overlay Zones: The proposal complies with applicable overlay zone requirements (part 18.3). C. Site Development and Design Standards: The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided by subsection E, below. D. City Facilities: The proposal complies with the applicable standards in section 18.4.6 Public Facilities and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property and adequate transportation can and will be provided to the subject property. E. Exception to the Site Development and Design Standards. The approval authority may approve exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in either subsection 1 or 2, below, are found to exist. 1. There is a demonstrable difficulty meeting the specific requirements of the Site Development and Design Standards due to a unique or unusual aspect of an existing structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent properties; and approval of the exception is consistent with the stated purpose of the Site Development and Design; and the exception requested is the minimum which would alleviate the difficulty.; or 2. There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better achieves the stated purpose of the Site Development and Design Standards. CiAcomm-dev\planningTianning Actions\Noticing Folder-Wailed Notices & Signs\2016TA-2015-02203 Type ll.docx AFFIDAVIT OF MAILING STATE OF OREGON ) County of Jackson ) c 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. h 2. On January 22, 2016 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 #2015-02203, 868 A Street. Signat re of Employee DocumenQ 1122/2016 S 21 ID yy i YOU' k, it 1 3 HIM., t to s: a - t~ .1.,,2pu a 1 Et t EI ~'LL tl Sf ~ 4 ilil _ lul IYI 0 'il'.~ Ilr 654M ~'ir'~~~ ; _ 6 ~i'iP Ill fp 490 t t a' 3.. 1 , ~~1~ 2M IE 840 22'nl V ZU -9 U, ZN5 fi t@RL id' 6 930 :2 2,D, 5 Mt d .1.'J J i 77410 1 L +L ®qJ lJ~. t U12 2 104 ry 1 7212 a t t 1+X17 U' I 'll ll' 2 20 Y 2-tI HUD 2M ,17t7 e t 6 ` t' t t~ - ^I rl.'LI'il'. 68 t d rl it - 24 2H 'Y1 a r° .230 t P Lit _ w tl A'iJ-lP ° t~ t r 6Gt r . @ a E a aim ; L 9 d ° jl K U U. a TO U U, PA-2015-02203 391E09AA 6900 PA-2015-02203 391E09AA 7200 PA-2015-02203 391E09AA 8500 ADLEMAN ALAN R AUBIN-ADDICOTT SUZANNE COLE MARY ELLEN/JOHN C 886 A ST 115 BROOKS LN 286 8TH ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2015-02203 391E09AA 7700 PA-2015-02203 391E09AA 2215 PA-2015-02203 391E09AA 8400 DANLEY WILLIAM E JR TRUSTEE ET DOUGLAS JAMES R TRUSTEE ET AL FENWICK STEPHEN C 871 B ST 2120 CALAVERAS AVE PO BOX 338 ASHLAND, OR 97520 DAVIS, CA 95616 ASHLAND, OR 97520 PA-2015-02203 391E09AA 7800 PA-2015-02203 391E09AA 7300 KAPLAN-STANTON ALENE PA-2015-02203 391E09AA 8300 GREENE DAVID E TRUSTEE H/STANTON JOHN M JR LARMORE JANET/JOHN T STRONG 885 B ST 367 OXFORD ST ASHLAND, OR 97520 248 EIGHTH ST ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2015-02203 391E09AA 2201 PA-2015-02203 391E09AA 7000 PA-2015-02203 391E09AA 7500 LUZ GEORGE A/SHELDON H MCCULLOH KENNETH S/STAYCE E MKH PROPERTY MANAGEMENT CO 4910 CROWSON AVE 267 EIGHTH ST 2022 CRESTVIEW DR BATCHELOR, MD 21212 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2015-02203 391E09AA 6700 PA-2015-02203 391E09AA 7600 PA-2015-02203 391E09AA 6400 MUNROE ROBERT W RAGEN DANIEL A JR RUBINSTEIN ILENE K 864 A ST 855 B ST 854 A ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2015-02203 391E09AA 6800 PA-2015-02203 391E09AA 7100 PA-2015-02203 391E09AA 2216 SATUREN STEVEN L ET AL SCHAAF NED TRUSTEE ET AL SMITH ALFORD R JR TRUSTEE 265 STEINMAN DR 175 NEIL CREEK RD PO BOX 833 ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2015-02203 391E09AA 6200 PA-2015-02203 PA-2015-02203 UNION PACIFIC RR CO INTEGRITY BUILDING CONTRACTORS LINDA MILLEMANN 1400 DOUGLAS - STOP 1640 P.O. BOX 225 868 A STREET OMAHA, NE 68179 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2015-02203 ROBERT MUNROE CABINET WORKS 165 B STREET ASHLAND, OR 97520 I" o PLANNING ACTION 2015-02203 868 A Street 6 F.~ Site Design Review and a Conditional Use Permit findings addendum: The request is for a Site Design Review and Conditional Use Permit to expand an existing 538 sf single story residential dwelling unit by adding a second story. The residential unit in question was a garage that converted with a Conditional Use Permit in the early 1990s from garage to a dwelling. At the time of the conversion there were two parking spaces for the residence and two on-street parking credits for the "new dwelling". The proposed Conditional Use Permit to expand the structure will not alter the existing parking configuration of two on-site parking spaces and two on-street parking credits. A Site Design Review Permit is required because the proposed addition is to a structure in the Employment (E-1) zone. A Conditional Use Permit is required because the existing structure does not comply with the required setback in the E-1 zone and is considered non-conforming. The unit is considered a non-conforming structure because it is four feet, two and a quarter inches away from the rear (south) property line. In the E-1 zone when abutting a residential zone, a 10-foot per story setback is required. New construction of a two story structure would require a 20-foot setback. The subject property and those to the north, east and west are zoned E-1. The properties across the alley to the south are zoned Multi-Family Residential (R-2). Expansion, enlargement, modification and reconstruction is allowed with a conditional use permit though AMC 18.1.4.030.B "nonconforming structure may be altered (i.e., reconstructed, enlar ed, or modified) subject to approval of a Conditional Use Permit under chapter 1 8.5.4 and approval of required building permits.... A nonconforming structure may be rebuilt pursuant to this subsection, provided in a historic district the applicant must demonstrate that restoration is not practicable. " The requested expansion involves the construction of a second story to expand the existing residential dwelling unit and provide the residents, an artist and an author additional living area and studio work space. Due to the placement of the existing residential unit and the limited area of footprint expansion, the applicant found that adding a second story was the best option to add square footage without a complete alteration of the existing residence. It would be possible to add a second floor to the existing structure but not without compromising the historic integrity of the primary contributing historic resource on the property, the Thomas Herbig House. The proposed structure has a peak height of 22-feet, 10-inches and an average building height of 18.4 feet. The existing structure is 24-feet wide along the rear property line, no change is proposed to the width. The structure is proposed with a single gable roof, with 6:12 pitch. Five foot walls along the sides are proposed. The existing structures ridge runs east to west, parallel to the alley. The proposed gable ridge is turned to orient north / south, consistent with the historic contributing structure on the subject property. A 10-foot X 12-foot addition is proposed to the lower level; a rooftop deck is proposed above. The exterior materials proposed for the structure are consistent with the recently restored and remodeled front structure. Horizontal wood siding with similar revel, 2 X 8 fascia boards, 1 corbels, 2 X 8 belly band, corner boards and "cottage" style double hung windows. The structure is proposed to have a new foundation and provide an eight-inch revel. According to the conditional use permit criteria #5 when reviewing conditional use permit applications for conformity with the approval criteria, the target uses of each zone is the required comparison. Per AMC 18.5.4.050.3 "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, pursuant with subsection 18.5.4.050.A.5, below. 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 " Emphasis added. The target use of the zone is Employment. More specifically, general offices developed at an intensity of .50 floor area ratio and complying with all ordinance requirements. That said, the target use of the zone for the subject lot is a 3,250 sf office. The office building could be up to 3- stories and 40-feet tall. There would be no required setbacks excepting the rear yard (the one for which the conditional use permit in this application is requested) where 10-feet per story due to the proximity to the residential zone that is across the alley. When two zoning districts abut each other it is typical that the zoning district boundary is the mid-line of the adjacent right-of-way. In this case that is the alley. If the setback was measured from the middle of the alley the structure would be 12-feet from the district boundary. Setbacks through are measured from the lot line thus requiring a Conditional Use Permit. Amended findings addressing the Conditional Use Permit criteria and the Site Design Review criteria can be found on the following pages, The criteria from the code is in a san serif font and the applicant's findings are in Times New Roman. Conditional Use Permit: 18.5.4.050 Approval Criteria 1. 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. The use of the structure is non-conforming in the sense that it is use is residential in nature, According to the records of the City of Ashland and of Jackson County the garage was converted to a residential unit in the early 1990s, a conditional use permit was obtained. The additional allows the structure to come closer to conformance with the use of the Employment zoned land because the additional square footage allows for the residents, an author and a paint artist to have studio workspace within their dwelling. Both of the residents sell their products on the internet Page 2 of 13 and in art galleries. The additional square footage will allow them to work from home and continue to sell on the internet and at local art galleries. 2. That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the development, and adequate transportation can and will be provided to the subject property. Adequate city facilities existing and continue to exist to serve the proposed additional square footage. There are two existing off-street parking spaces adjacent to the cottage. There are two on-street parking credits on A Street for the primary residence. The proposed addition is not affecting how the parking was historically permitted. The cottage has always been more than 500 sf and has required two parking spaces in addition to the two required parking spaces for the primary structure. The proposal will not modify the parking. Over the years the property has been used as multi-family residential, hotel / motel, and a beauty salon. With all of these uses that parking configuration as remained the same with two parking spaces at the rear of the property and two on-street credits. The alley is paved behind the property and A Street is paved with curb and gutter and a five-foot public sidewalk along the frontage of the property. The property is one tax lot from the end of A Street to where Eighth Street intersects, this end of A Street sees significantly lower traffic volumes that the sections of A Street between Oak and Sixth Streets where there is commercial development on both sides, of the street. The property to the north across A Street from the subject property is a City of Ashland Park (Railroad Park). The applicant's find that the circumstances that allowed for the on-street credit are the same and the parking impacts from the proposed additional square footage will not have a negative impact on the livability of the zone more so than the current use of the property and adjacent properties. 3. 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, pursuant with subsection 18.5.4.050.A.5, below. 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. a. Similarity in scale, bulk, and coverage. The existing primary residence has a single story footprint of 1,885.6 sf, The cottage has an existing footprint of 538 sf. The proposal includes an addition of 105 sf to the ground floor and 441 square feet on the second floor for a total proposed square footage of 1,099 sf The proposed lot coverage of the parcel is 51 percent. The proposed second story addition is proposed with a gable roof that has a peak height of 22-feet, 9 %2-inches and an average building height of 18.395 feet. The proposed addition is not considered a half story due to five-foot pony walls on the sides but has a similar roof pitch and reduced bulk due the reduced plate height. When compared to structures in the impact area, the 2,791 sf of building on the lot, the 18.395-foot-tall building and 51 percent lot coverage is similar in scale, bulk and coverage as a number of the structures within the impact area. Page 3 of 13 On the E-1 lands in the immediate vicinity, the cabinet shop to the west (a non-historic / non- contributing structure) is 2,640 s£ This structure extends nearly the entire length of the entire N/S dimension of the parcel. This structure does not comply with the ten-foot rear yard setback due to a single story addition to the large shop building and appears to be within a foot or less of the rear property line. Additionally, this structure covers a large portion of the 5,662 sf lot. To the west of the shop building on the adjacent lot is a two-unit hotel that was created from a previously converted medical office, this structure is 858 s£ On the lot to the west of the hotel units is a 1,350 sf dance studio. This structure also does not comply with side yard setbacks and appears to be located within a foot of the rear property line. Additionally, this concrete block building is bulky and out of scale with the structures on the adjacent properties. The property to the east of the dance studio is Chozu Bath and Tea House. This structure at 2,035 sf with a 500 sf detached structure provides significantly more coverage than the proposed enlarged cottage. The parcel to the south is a residential duplex that is 3,588 sf with an attached 420 sf garage. This structure covers a large portion of the 7,405 sf lot. The property to the east has a small 776 sf single story cottage with approximately 500 sf single story garage. The proposal at 51 percent lot coverage is less than the 85 percent lot coverage that is allowed by code in the E-1 zone. The structure to the south (across the alley) has a peak height of nearly 28-feet, significantly taller than the proposed second story addition. The structure to the west, the cabinet shop is 15- feet to the top of the parapet. The maximum height in the zone is 40-feet. The proposed structure is less than the allowed height in the zone, less than the structure to the south and similar to the structure to the west. Additionally, as stated previously, the proposed structure with 6:12 roof pitch, reduced plate height at the side walls, is similar in scale, bulk and coverage as to the structures in the vicinity especially when considered against the possible development when compared to the target use of the zone. b. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. The generation of trips from a lot with two residential units is typically going to be less than that of a 3,250 sf office. The applicant finds that over the years the property has been used as multiple family dwellings (at one point the main residence was a duplex), residential dwelling unit and a beauty salon, and a hotel/motel (B&B), all of these uses would generate similar or more traffic than the proposed expanded residence. The rear yard setback for which the conditional use permit applies will not affect the generation of traffic. Additionally, the property is in close proximity to the bike paths, complete sidewalks and is within walking and biking distance of services such as shopping, dining, art galleries, dentist offices, veterinary clinic, etc. providing necessary services for the residences. c. Architectural compatibility with the impact area. The impact area is eclectic in architectural features. This is due to the area being a transitional area. Though the majority of the structures in the vicinity reflect residential form and massing, Page of 13 there are clearly commercial structures on adjacent parcels. In both of the instances of the commercial structures that abut the alley, the 10-foot per story setback code is violated. The code allows for greater flexibility when compared to the prominent architectural themes in the impact area. This is especially true when the conditional use permit criteria require the compatibility determination to be based on the target use of the zone which is a 3,250 sf office building. Additionally, when comparing the proposed addition that has architectural character and where a little over four feet of setback to the employment zoned properties to the east where boxy, utilitarian buildings, the proposed structure will have a positive impact on the alley streetscape. Prior to the recent, extensive remodel, the primary residence had a number of different architectural styles itself including some gingerbread treatments in the gables, craftsman style corbels, Victorian style turned porch posts among others. The property owners heeded the Historic Commission's recommendations and incorporated historically appropriate design elements and removed proposed design features that they had desired in order to restore the Thomas Herbig House to a more historically appropriate fagade. These modifications to the applicant's original proposal cost the project more money but in the end did produce a better end product. The prosed addition reflects the traditional architectural features of the historic contributing structure on the property. ~ r I i There are ranch style apartments from the 1980s, two-story structures completed in the 1990s, original structures such as the cottage on the adjacent property to the west and the two story I- house on the corner of Seventh and A Street, and heavily remodeled historic structures, (Chozu Bath house, two-unit hotel, etc.) in the immediate vincinity. There are also more industrial style structures like the large shop building on the adjacent property to the west and a concrete block building further to the west down the alley. (See attached photo inventory) The proposed structure is less tall than the residence to the south. The proposed structure is similar in height as the cabinet shop to the west. The proposed structure is proposed to have elements of the architectural design of the front residence and other structures in the vicinity are included in the proposed structure. These include matching siding, inclusion of corbels, corner boards, similar door and window trim, window style, and complementary color scheme. Page 5 of 13 d. Air quality, including the generation of dust, odors, or other environmental pollutants. The addition of the second story and the properties continued use as two residential units will not have a negative impact on air quality, generation of dust, orders or other environmental pollutants when compared to a 3,250 sf office, when compared to other uses allowed in the E-1 zone or when compared to the cabinet shop to the west. e. Generation of noise, light, and glare. The addition of the second story will not have a negative impact on the adjacent properties in the impact area when compared to the noise, light and glare that a 3,250 sf office building would. The continued use of the property as residential will have less of an impact when compared to a typical commercial use. f. The development of adjacent properties as envisioned in the Comprehensive Plan. The proposed addition that does not comply with setbacks will not prevent the development of the adjacent properties as envisioned in the Comprehensive Plan. The property to the east could develop to a use allowed in the E-1 zone regardless of the setback of the subject property. The adjacent property to the west could redevelop with its existing non-conforming rear yard setback (does not comply with 10-foot per story rear yard setback) and the requested conditional use permit does not prevent the redevelopment of that property as envisioned in the comprehensive plan. g. Other factors found to be relevant by the approval authority for review of the proposed use. The proposed use of the property is not being modified through the conditional use permit request. 4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance. Expansion of a non-conforming structure is allowed with the approval of a conditional use permit. The property is within the residential overlay and residential uses are allowed on the property. There are two existing residences that exceed 500 sf on the property. The number of bedrooms on the property and the number of required parking spaces will not be increased with the conditional use permit. 5. For the purposes of reviewing conditional use permit applications for conformity with the approval criteria of this subsection, the target uses of each zone are as follows. Page 6 of 13 f. E-1. The general office uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio, complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance requirements. As stated previously, the target use of the zone is Employment. More specifically, general offices developed at an intensity of .50 floor area ratio and complying with all ordinance requirements. That said, the target use of the zone for the subject lot is a 3,250 sf office. The office building could be up to 40-feet tall and have no setbacks excepting the rear yard (the one for which the conditional use permit in this application is requested) where 10-feet per story due to the proximity to the residential zone. Site Development and Design Review 18.5.2.050 Approval Criteria A. Underlying Zone. The proposal complies with all of the applicable provisions of the underlying zone (part 18.2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards. The proposal is a request for a Conditional Use Permit to expand a non-conforming structure which is allowed in AMC 18.1.4.030.B. The lot dimensions, area, density are not changing. The floor area is less than required by code for the E-1 zone but the proposed addition brings the property closer to conformance with the required 3,250 sf office building standards by providing 2,837 sf of floor area that could be converted to office or similar uses in the E-1 zone. The existing primary residence and its orientation to A Street is not being modified. The proposed building with an average height of 18.4 feet is less than the maximum of 40-feet in the zone. B. Overlay Zones. The proposal complies with applicable overlay zone requirements (part 18.3). The subject property is pre-existing, non-conforming with two residential units in the E-1 zone. This is non-conformity is not being modified or increased. In fact, the proposed addition will allow for the construction of artists' studio space within the increased square footage of the rear residential unit that allows the for the resident artist to have studio work space within their residence. C. Site Development and Design Standards. The proposal complies with the applicable` Site Development and Design Standards of part 18.4, except as provided by subsection f-, below. Page 7 of 13 The subject property is Employment Zoned and is located within the Detail Site Review overlay, additionally, the property is within the Railroad Historic District. As demonstrated below, the proposed addition is compatible with the Historic District Design Standards. The proposed orientation and streetscape of the property is not being modified with the proposed addition. 8, Historic District Design Standards. In addition to the standards of part 18.4, the approval authority uses the following standards for new construction, and restoration and rehabilitation of existing buildings within the Historic District overlay. 1. Transitional Areas. For projects located at the boundary between zones or overlays, appropriate adjustments to building form, massing, height, scale, placement, or architectural and material treatment may be considered to address compatibility with the transitional area while not losing sight of the underlying standards or requirements applicable to the subject property. The subject property abuts the R-2 (residential) zone. The proposed additions form, massing, height, scale, placement and architectural treatment is residential in nature. The height and the mass adjacent to the alley is similar to the residential structure to the south across the alley. The proposed addition is setback off of the alley where the directly adjacent E-1 property is less than seven feet from the side of the historic contributing structure on the property and within one foot of the rear property line. This structure with an approximately 12-foot plate height at the property line and one long linear mass is significantly bulkier, massive and out of scale with historic structures in the vicinity, far from compliance with the underlying historic district design standards. Additionally, the increased square footage allows for the inclusion of studio workspace within the expanded residence providing employment related use in the Employment zone. 2. Height. Construct new buildings to a height within the range of historic building heights on and across the street. Plate height on proposed structure is 13 feet, 10-inches, the peak height is 22-feet, 9 '/x-inches and the average height is 18.4 feet. The structure is at the rear of the property behind the historic contributing structure that is adjacent to A Street. The adjacent residence to the east is a single story structure with an approximately 12-foot peak height, the structure to the west, the cabinet shop is approximately 15-feet. The most adjacent structure, the duplex to the south across the alley has an approximately 27-foot peak. The structure is within range of the building heights on the street and adjacent to the alley that abuts the rear property line. The property across the street is occupied by a city park. 3. Scale: Height, width, and massing of new buildings conform to historic buildings in the immediate vicinity. Page 8 of 13 The scale is being modified through the second story addition which creates additional height. The width of the structure is not proposed to be modified. The scale of the proposed addition with the reduced rear yard setback is in conformance with the 10-foot setback of the 27-foot tall structure to the south and the less than one-foot setback of the large building that occupies the site to the west. See the photo below that shows the massing and scale of these two buildings. i 4. Massing: Small, varied masses consistent with historic buildings in the immediate vicinity. The proposed structure has a reduced plate height to reduce the overall structure height. The mass of the structure is varied through the use of the 2 X 8 belly band, the corner boards, matching trim and siding as the front structure. The structures in the immediate vicinity are generally inconsistent with this standard and the proposed structure incorporates design elements from the historic contributing structure on the property and the structure to the south across the alley. 5. Setbacks: Front walls of new buildings are in the same plane as facades of adjacent historic buildings. There are no "new" buildings on the site as the proposal is an addition to an existing structure. The front fagade adjacent to A Street is not being modified by the proposal. 6. Roof: Roof shape, pitches, and materials consistent with historic buildings in the immediate vicinity. The gable roof shape, the 6:12 pitch roof with composition shingles is consistent with the historic contributing structure on the subject lot and to the south across the alley. 7. Rhythm of Openings: Pattern or rhythm of wall to door/window openings on the primary facade or other visually prominent elevation is maintained. Maintain compatible width--to- height ratio of bays in the fagade. Page 9 of 13 The pattern of the window and door openings are consistent with the development pattern in the vicinity and does not detract from the historic contributing structure on the property. 8. Base or Platforms: A clearly defined base, or platform characteristic of historic buildings in the immediate vicinity. The existing structure is on a slab. Depending on the findings of the project engineer, the slab will either be reinforced to sustain the weight of the second story addition or the structure will be lifted and a traditional foundation with an eight-inch exposure will be installed. Either method will provide for a defined base for the structure. 9. Form: Form (i.e., vertical/horizontal emphasis of building) that is consistent with that of adjacent historic buildings.) The form of the building is consistent with the adjacent buildings. The proposed second story addition with the reduced setback is consistent with the form of the structures on the adjacent properties. The proposed structure with the belly band to break the height, the horizontal siding, the double hung window are examples of the architectural details that alter the form for the structure. The property to the east has a small cottage with a detached garage, this residence is historic contributing. The property to the west is non-historic, non-contributing. The structure on this site is very horizontal in form. The structure to the south is also non-historic, non- contributing. This structure is tall (approximately 27-foot peals) and has a large horizontal volume along the alley. 10. Entrances: Well-defined primary entrances with covered porches, porticos, and other architectural features compatible but not imitative of historic counterparts. A small covered entrance is proposed for the expanded structure. 11. Imitation of Historic Features: Accurate restoration of original architectural features on historic buildings. New construction, including additions, that is clearly contemporary in design, which enhances but does not compete visually with adjacent historic buildings. The proposed addition to the existing structure will reflect the architectural features of the historic contributing structure on the subject property. The window style, the foundation with the visible rebar holes are contemporary in design but do not detract from the historic design elements. The structure is designed to complement the historic building on the subject property, the property at 858 A Street and on the property to the east. The structure to the south and west: are not historic. Page 10 of 13 i 12. Additions: Additions that are visually unobtrusive from a public right-of-way, and do not obscure or eliminate character defining features of historic buildings. The proposed addition is not visually obtrusive from A Street. The proposed addition with the reduced plate height and modified ridge direction reduce the visual obstiuction created through the addition of the second story. The second story addition could have been proposed above the existing historic contributing structure on the site in order to comply with the rear yard setback. This would have obscured and eliminated the defining character of the historic building. The addition with the reduced setback allows for the structure to be closer to the alley and less visually obtrusive to the historic building on the adjacent property to the east. 13. Garage placed behind the primary historic building with access from a side street or alley if available. The existing structure was historically a garage. The garage was converted to a residence in the early 1990s. Rehabilitation Standards. a. Historic architectural styles and associated features shall not be replicated in new additions or associated buildings. The applicant has proposed a building that is complimentary to the existing historic contributing structure on the property. The applicant had proposed corbels to match those on the historic contributing structure and is open to not installing them if it is found that the inclusion of the corbels is replicating a historic architectural style, b. Original architectural features shall be restored as much as possible, when those features can be documented. The existing non-conforming garage lacks architectural features. Architectural features from the historic contributing are proposed to be incorporated into the proposed addition. c. Replacement finishes on exterior walls of historic buildings shall match the original finish. Exterior finishes on new additions to historic buildings shall be compatible with, but not replicate, the finish of the historic building. The proposed addition will match the finish of the existing dwelling unit and the historic contributing structure on the property. d. Diagonal and vertical siding shall be avoided on new additions or on historic buildings except in those instances where it was used as the original siding. Horizontal siding is proposed. Page 11 of 13 e. Exterior wall colors on new additions shall match those of the historic building. i The proposed color is complementary of the historic structures in the vicinity. f. Imitative materials including but not limited to asphalt siding, wood textured aluminum siding, and artificial stone shall be avoided. The proposed materials are consistent with the materials found in the vicinity of the subject property. g. Replacement windows in historic buildings shall match the original windows. Windows in new additions shall be compatible in proportion, shape and size, but not replicate original windows in the historic building. The proposed "cottage" style double hung windows, their proportion, shape and size are compatible with the historic contributing structure on the property but do not replicate the windows. h. Reconstructed roofs on historic buildings shall match the pitch and form of the original roof. Roofs on new additions shall match the pitch and form of the historic building, and shall be attached at a different height so the addition can be clearly differentiated from the historic building. Shed roofs are acceptable for one-story rear additions. The proposed 6:12 pitch roof with composition shingles will match pitch and form of the historic building. The eaves are proposed to be 18-inches to match the existing historic contributing structure on the site. i. Asphalt or composition shingle roofs are preferred. Asphalt shingles which match the original roof material in color and texture are acceptable. Wood shake, woodshingle, tile, and metal roofs shall be avoided. The historic building had a metal roof installed, the new roof is proposed as composition shingles. j. New porches or entries shall be compatible with, but not replicate, the historic character of the building. No porches are proposed. A small covering with a gable roof is proposed to define the entrance of the unit. D. City Facilities. The proposal complies with the applicable standards in section 18.4.6 Public Facilities, and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property, and adequate transportation can and will be provided to the subject property. Page 12 of 13 The proposal sill not have an impact on the capacity of the existing City facilities that service the site. The structure is serviced by city facilities and the increase in the number of restrooms will not negatively affect city facilities. i Conclusion: The applicant finds that the proposed addition of a second floor above an existing non- conforming structure that is adjacent to the rear property line abutting a public alleyway complies with the criteria from the Conditional Use Permit and the Site Design Review chapters of the Ashland Municipal Code. The applicant finds that the though the setback is non-conforming the proposed structures height, mass, scaling, bulk, coverage and architectural compatibility is similar to other structures in the immediate vicinity. The proposed structure has a greater setback than the immediate structure to the west and a similar setback as the structure to the south. The applicant finds that the addition of living space above the existing cottage is more historically appropriate than adding a second story addition to the historic contributing structure, the Thomas Herbig house in order to provide the necessary additional living space. The conditional use permit criteria require that the proposal be compared to the target use of the E` zone. Even though it is not the property owner's intention to construct a 40-foot tall, 3,250 sf commercial office on the property, that is the target use of the zone and the proposal will have significantly less of an impact even with the reduced setback along the alley. Thank you for your consideration. Page 1 of 13 RE: PLANNING ACTION 2015-02203 868 A Street Site Design Review and a Conditional Use Permit findings addendum 12/21/2015: Vertical massing and scale: 1. Existing primary residence at 868 A Street. Recently renovated to meet Historic District Design Standards. Note existing cottage at left (at south end of property). This is the existing structure in this proposal. Note massing and scale of cabinet shop to right. Setbacks or Historic Compatibility are not met with this structure. a I i i 2. Cabinet shop to right (west) of primary residence. Note large scale, lack of proper setback, and non-compliance with Historic Standards. ,I I i i I II 3. View from the porch to the west from 868 primary residence looking at cabinet shop at 864 A Street. Note scale, massing, setback, lack of Historic Standards detailing. i View from dining room at 868 A Street looking west at cabinet shop. Historic windows in the existing home were preserved and have a great view of the cabinet shop at 864 A Street. Note extreme massing, scale, lack of historic detailing, lack of light and view. 4. View of setback to the west of the cabinet shop at 864 A. Street. Note setback, massing, and scale. i r i { I i ~ ~ I _ i 5. View of West face of inet shop at 864 A. Street. Note 15' wall' ;ht scale and lack of historic detailing. r i i I ! I I f I i I I L 6. View of 842 A Street. Note massing, scale, lack of historic detailing. i i I i I I View of rear of cabinet shop at 864 A Street. Cabinet shop and structure on other side of alley for perspective in scaling and set Proposed 5' plate 538 square foot secc story structure in white down alley on left. Note very large scale of structure to the South (right) and lack of proper setback at cabinet shop on left. i I 1 Note extreme massing and scale of structure to the South (left). Proposed 5' plate height cottage second story addition at left. The structure to the South will still dwarf the proposed cottage as well as surrounding structures. i II f I Note lack of setbacks on cabinet shop to the West. This structure has a wall height of 15'. This is taller than the proposed 14' plate height at cottage at 868 A. Street. i 7. No setbacks at cabinet shop at 864A. Street. i 8. View of cabinet shop from proposed structure at alley. Note 15' wall, no historic detailing, massing, and scale. This is taller than the 14' plate height of the proposed cottage addition. r . - 1 ~t I~ 1 r _vY ~ S r i , c i I.. 9. View of property to the South of 868 A Street from bedroom window. This enormous structure was built on the site of a demolished historic building. Note that the structure blocks entire view of the Ashland Watershed from the property at 868 A. Street. Note lack of historic detailing standards, rr ing, and very large scale. This structure 6 inates the immediate area. Address is 267 8th Street. I I f i - III Same photo with proposed structure at left. Note scale. i j t I i I { I I Same structure to the South of 868 A Street. Note scale and lack of historic detailing. f I; l { l I ` { North face of large scale structure at 267 8th Street. Note severe massing, very large scale, lack of historic detailing. This structure dominates the area and blocks view to that property to the north. This second story in this proposal would be small in scale compared to this structure. a r I , i ~ j i I i i 10. Other large scale structures surrounding the proposed second story addition at 868 A Street. 2487 Ih Street. Severe lack of historic detailing, massing, scale. 4. i I 270 8th Street. ~I I i 2347 Ih Street. 842 A Street at alley access. Note scale, massing, lack of historic detailing. This structure is three lots north of proposed second story addition at 868 A Street. I = ~ I ~ I i View from alley behind A Street. Note general scale, massing, and detailing of all structures. Note scale of structure at far end of alley on 8th Street. A second story addition to the existing cottage at rear of property at 868 Street would not impede any surrounding massing or scacle. The proposed structure: - small compared to its surrounding, would have historic compatibility, and would beset back,.---Sher from the alley than most of the sum .ding structures. r I I 11. Views to the North and East would be unimpeded. li I i i 12. Properties on B Street. Note scaling. l I i r a I i i I i I I I I f c L F c i c r 12-22-15 Dear members of the Historic Commission, We purchased the property at 868 A Street in 2004 in partnership with our dear friend. Our plan was and remains to create two separate dwellings that could meet our needs for retirement and our partner's needs for living and work space. We are baffled by the recent questions and concerns raised at your meeting regarding our plans. We thought we were continuing to act in complete conformity to all city codes and to all suggestions from your commission prior to the meeting. Yesterday we met with our neighbor at 886 A Street, Alan Adelman. We showed him our current, compromise plan for remodeling the second structure and he agreed he had no objection. Some reasons for our confusion include: 1.We put much thought, care and added expense throughout our planning and execution so far to keep the historic looks of these buildings. 2.We conform to all city codes and we plan to remain consistent with the neighborhood in looks: the proposed peak is lower than those of the neighboring houses; vertical and horizontal form are consistent with most structures in this block of transition zoning; we are conforming to the city's definitions regarding mass and scale. 3.Our plan reduces the need (from that of all previous uses of this property) for parking spaces as we are converting the business use to only making studio space for art production, not retail or rental space. 4.It appears we are being subject to residential codes although the reason for the remodel is to create space for two artists to have employment. If our current plan is not approved we shall be forced to build upwards on the main structure to produce the studio space and/or to leave the cottage exactly as it exists as a rental. The current concerns have greatly impacted our lives and our livelihoods. We have lost several months of collecting rent due to construction delays. We are disheartened that we may not be able to live in close proximity to our dearest friends. Thank you for this opportunity to address you with some of my concerns. Sincerely, C Steve Saturen -T-, i _ ~II Neighboring Cabinet Shop with 15' Wall at Plate o n r - C3 Property Line 93.53' ~y r M ~ a I r v Survey Comer _ _ N74°10'06"W Property Line 20.10' 777 N n N FT I i' A I I I Parking Space ( u b 9'x22' ~ is, Sidewalk 868 A Street a „ Ashland, OR 97520 m 'a --e- 77 -r- R 391 E 09AA Tax Lot 6800 1 Parng Space 9'x22' Lot= 6708 SgFt --1-._ - - _ - - - Total Lot Coverage 3422.66 51% O - C m x e ia~ ( 1 wn, New Lot Coverage at Cottage (ARU) -120 SgPI r N ' I Total New Square Footage at Cottage (ARU) = 649 SgFt i of coverage at Existing Main House (SFR) = 1885.60 SgFt (D (K i-D Total Impervious Surfaces =879SgFt R N ~zL M~. \ I V Azl-l I~ I F a- _ 9ldowalk - Lf) - » I A- C'4 o•oporty Lie e2- ` - o - - I - \ Not To Scale V DATE: f2j21/2015 SCALE: . Not 7o Scale SHEET: 1 t i I it it i' -I 32' 22' - - Sb b sYb" g"-9 i ~ °r'2 7 Z-1 1/2" J r~ Hi z ' sr s III ' r' i ;7 ' ? ° ; - x a 1 J x i . a I ~y L Bedroom a. - - studio r~ e L _ _ J jv " - L 7 Q Area - q°-& 772" - ELI i Kitchen ' r `D I Bath i Q r n o 1 -J- 32 4 Floor 1 Living Area Floor 2 Living Area IIaa pptt 643 BIN 5235gft vN <p N to n N G N 0 DATE: 12/2I/2015 SCALE, 114" = 1' SHEET; 1 TJ - Continuous Ridge Vent - _ Matching 6:12 Composition Roof 2x8 Fascia Boards Horizontal Wood Siding * 9a Vent Matching 18" Eve Matching Continuous Ridge \ g Gorbles Matching Composition 6;12 Roof Cottage Style Double Hung Windows Roof Over Entry To Break Up Vertical Massing Matching Corbels 2xb Belly Band 6" Exposed Concrete Foundation Corner Trim 2x8 Belley Band Deck udth Wood Craftsman Railing Comer Boards r above Floor 1 8" Exposed Concrete Foundation - Deck Above Floor 1 uA Craftsman Woo Railing _ Cottage Style Double Hung Windows } • i~ * Horizontal Wood Siding n n ' J y aa+ N ~ cn b 0 `y 4- 0 ~ 24' - 22' ~ 10'- 32' North Elevation East Elevation o R CA = v r 0 ~UQD M E '0 ~E Matching 18" Eves Continuous Ridge Vent J1 Continuous Ridge Vent Cottage Style Doubel Hung Matching 6:12 Composition Roof Matching Composition 6:12 Roof Windows to Match Main Residence 2x8 Wood Fascia Matching Corbels Roof Over Entry to Break Up Vertical Massing 24 Belly Band Horizontal Wood Siding 5' Plate Height at Floor 2 Matching Corbels 2x8 Bally Band Comer Boards Entry Roof to Break Up Vertical Massing Corner Boards _ Deck Above Floor 1 u4 Craftsman Wood Railing B" Exposed Concrete Foundation Cottage Style Double Hung Wlndoun Horizontal Wood Siding 6" Exposed Concrete Foundation N 0 1 6" n fl7 N in ~ ~ ry 61 N ni ~ DATE: 10' 22' 24' 12/21/2015 32' South Elevation SCALE; West Elevation SHEET: CD r° bJ} n N bl U irr G N N a~ N _ ev DATE; 12/21/2015 v ~ I _ _ SCALE: - _ Not To Scale SHEET; i Mark Schexnayder From: Mark Schexnayder Sent: Tuesday, December 15, 2015 2:52 PM To: 'Amy Gunter'; 'reverbmark@gmail.com' Subject: 868 A Street - Site Design Review and Conditional Use Permit - PA-2015-02203 Dear Mark & Amy, After consulting with the Community Development Director Bill Molnar, Staff has determined that a decision regarding this planning action will only be rendered through a public hearing before the Planning Commission. Therefore, the Historic Commissions recommendation will be to the Planning Commission. As currently proposed, Staff does not feel that we can support the application because it does not meet the approval criteria for a Conditional Use Permit or the Historic Design Standards. You may choose to continue with the application process, extend the application time line, or withdraw the application. I will need a response with your decision by Tuesday, December 22, 2015. Thank You, Mark Schexnayder Assistant Planner City of Ashland 1 CITY OF LA we i Planning Department 51 Winbum Way Ashland, OR 97520 541488-5305' 1 T~ - J Ashland Historic Commission Design Review Form Applicant Date Address A 5 - Proposed Action I O Commercial O'Residential O New Construction O Changes to Existing Structure Historic Review Board Comments: U` t In the spirit of the historic design protecting and compatibility of your protect, if you wish to amend your -building plan in-order-to apply any recommendations ofi he Historic Review Board, we encourage you to f prepare an addendum and resubmit it to the Buildin ,Department Applicant Signature Historic Review Board Signature Glcomm-devlplanninglCommisslons & CommitleesWistoric CommissionNisc Admin-FORMSUesign Review Form.doc 12/13/2007 RE: PLANNING ACTION 2015-02203x- 868 A Street Site Design Review and a Conditional Use Permit findings addendum: The request is for a Conditional Use Permit to expand an existing 538 sf single story residential dwelling unit by adding a second story. A Site Design Review Permit is required because the proposed addition is to a structure in the Employment (E-1) zone. The unit is considered a non-conforming structure because it is four feet away from the rear (south) property line, where, in the E-1 zone when abutting a residential zone, a 10-foot per story setback is required. New construction of a two story structure would require a 20-foot setback. The subject property and those to the north, east and west are zoned E-1. The properties across the alley to the south are zoned Multi-Family Residential (R-2). Expansion, enlargement, modification and reconstruction is allowed with a conditional use permit though AMC 18.1.4.030.13 "nonconforming structure may be altered (i. e., reconstructed, enlar end, or modified) subject to approval of a Conditional Use Permit under chapter 18.5.4 and approval of required building permits.... A nonconforming structure may be rebuilt pursuant to this subsection, provided in a historic district the applicant must demonstrate that restoration is not practicable. " The requested expansion involves the construction of a second story to expand the existing residential dwelling unit and provide the residents, an artist and an author additional living area and working studio space. Due to the placement of the existing garage and the limited area of footprint expansion, going up is the only option to add square footage without a complete alteration of the existing residence and without compromising the integrity of the primary contributing historic resource on the property, the Thomas Herbig House, a reduced setback through the conditional use permit process is being sought. According to the conditional use permit criteria #5 when reviewing conditional use permit applications for conformity with the approval criteria, the target uses of each zone is the required comparison. Per AMC 18.5.4.050.3 "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, pursuant with subsection 18.5.4.050.A.5, below. 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." Emphasis added. The target use of the zone is Employment. More specifically, general offices developed at an intensity of .50 floor area ratio and complying with all ordinance requirements. That said, the target use of the zone for the subject lot is a 3,250 sf office. The office building could be up to 3- stories and 40-feet tall. There would be no required setbacks excepting the rear yard (the one for which the conditional use permit in this application is requested) where 10-feet per story due to the proximity to the residential zone that is across the alley. When two zoning districts abut each other it is typical that the zoning district boua Oat y 1s. t i mid-line of the adjacent right-of-way. In this case that is the alley. If the setback was measured from the middle of the alley the structure would be 12-feet from the district boundary. Setbacks through are measured from the lot line thus requiring a conditional use permit. I Amended findings addressing the Conditional Use Permit criteria and the Site Design Review criteria can be found on the following pages. Conditional Use Permit: 18.5.4.050 Approval Criteria 1. 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. The use of the structure is non-conforming in the sense that it is use is residential in nature. According to the records of the City of Ashland and of Jackson County the garage was converted to a residential unit in the early 1990's, a conditional use permit was obtained. The additional allows the structure to come closer to conformance with the use of the Employment zoned land because the additional square footage allows for the residents, an author and a paint artist to have working studio space within their dwelling. 2. That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the development, and adequate transportation can and will be provided to the subject property. Adequate city facilities existing and continue to exist to serve the proposed additional square c footage. There are two existing off-street parking spaces adjacent to the cottage. There are two on-street parking credits on A Street for the primary residence. The proposed addition is not affecting how the parking was historically permitted. The cottage has always been more than 500 sf and has required two parking spaces in addition to the two required parking spaces for the primary structure. 3. 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, pursuant with subsection 18.5.4.050.A.5, below. 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. a. Similarity in scale, bulk, and coverage. The existing primary residence has an single story footprint of 1,692 sf and the cottage has a proposed square footage of 1,145 sf and a proposed peak height of 22-feet. The combination of Page 2 of 6 i the two structures at 2,837 sf are similar bulk and mass as a number of the structures within the impact area. For instance, the cabinet shop to the west (a non-historic / non-contributing structure) is 2,640 sf. This structure stretches nearly the length of the entire N/S area of the parcel and does not comply with the ten-foot rear yard setback due to a single story addition to the large shop building. Additionally, this structure covers a large portion of the 5,662 sf lot. To the west of the shop building on the adjacent lot is a two-unit hotel that was created from a previously converted medical office. On the lot to the west of the hotel units is a 1,350 sf dance studio. This structure does not comply with rear or side yard setbacks and appears to be on the property lines. Additionally, as a former vehicle repair garage the concrete block building is bulky. The property to the east of the dance studio is Chozu Bath and Tea House. This structure at 2,035 sf with a 500 sf detached structure provides significantly more coverage than the proposed enlarged cottage. The parcel to the south is a residential duplex that is 3,588 sf with an attached 420 sf garage. This structure is close to 24-feet tall and covers a large portion of the 7,405 sf lot. The structure is larger in scale that the both the existing and the proposed addition on the subject lot. The proposal at 30% lot coverage is less than the 85% lot coverage that is allowed by code in the E-1 zone. b. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. The generation of trips from a lot with two residential units is typically going to be less than that of a 3,250 sf office. Additionally, the property is in close proximity to the bike paths, complete sidewalks and is within walking and biking distance of services such as shopping, dining, art galleries, dentist offices, veterinary clinic, etc. c. Architectural compatibility with the impact area. The impact area is eclectic in architectural features. This is due to the area being a transitional area. Though there is a lot of residential form and massing, the code allows for greater flexibility when compared to the prominent architectural themes in the impact area. This is especially true when the conditional use permit criteria require the compatibility determination to be based on the target use of the zone which is a 3,250 sf office building. Prior to the recent, extensive remodel, the primary residence had a number of different architectural styles itself including some gingerbread treatments in the gables, craftsman style corbels, Victorian style turned porch posts among others. There are ranch style apartments from the 1980s, two-story structures completed in the 1990s, original structures such as the cottage on the adjacent property to the west and the two story I- house on the corner of Seventh and A Street, and heavily remodeled historic structures, (Chozu Bath house, two-unit hotel, etc.). There are also more industrial style structures like the large shop building on the adjacent property to the west and a concrete block building further to the west down the alley. Page 3 of 6 The proposed structure is less tall than the residence to the south. The proposed structure is similar in height as the cabinet shop to the west. The proposed structure is proposed to have elements of the architectural design of the front residence included in the proposed structure. These include matching siding, inclusion of corbels, corner, door and window trim, window style, and complementary color scheme. d. Air quality, including the generation of dust, odors, or other environmental pollutants. The addition of the second story and the properties continued use as two residential units will not have a negative impact on air quality, generation of dust, orders or other environmental pollutants when compared to a 3,250 sf office or when compared to other uses allowed in the E-1 zone. e. Generation of noise, light, and glare. The addition of the second story will not have a negative impact on the adjacent properties in the impact area when compared to the noise, light and glare that a 3,250 sf office building would. The continued use of the property as residential will have less of an impact when compared to a commercial use. f. The development of adjacent properties as envisioned in the Comprehensive Plan. The proposed addition that does not comply with setbacks will not prevent the development of the adjacent properties as envisioned in the Comprehensive Plan. They could develop to a use allowed in the E-1 zone regardless of the use of the subject property. g. Other factors found to be relevant by the approval authority for review of the proposed use. The proposed use of the property is not being modified through the conditional use permit request. 4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance. Expansion of a non-conforming structure is allowed with the approval of a conditional use permit. The property is within the residential overlay and residential uses are allowed on the property. There are two existing residences on the property. This will not be increased with the conditional use permit. 0 2015 Page 4 of 6 S 5. For the purposes of reviewing conditional use permit applications for conformity with the approval criteria of this subsection, the target uses of each zone are as follows. f. E-1. The general office uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio, complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance requirements. As stated previously, the target use of the zone is Employment. More specifically, general offices developed at an intensity of .50 floor area ratio and complying with all ordinance requirements. That said, the target use of the zone for the subject lot is a 3,250 sf office. The office building could be up to 40-feet tall and have no setbacks excepting the rear yard (the one for which the conditional use permit in this application is requested) where 10-feet per story due to the proximity to the residential zone. (Ji 1 Site Development and Design Review 18.5.2.050 Approval Criteria E A. Underlying Zone. The proposal complies with all of the applicable provisions of the underlying zone (part 18.2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards. The proposal is a request for a Conditional Use Permit to expand a non-conforming structure which is allowed in AMC 18.1.4.030.13. The lot dimensions, area, density are not changing. The floor area is less than required by code for the E-1 zone but the proposed addition brings the i' property closer to conformance with the required 3,250 sf office building standards by providing 2,837 sf of floor area that could be converted to office or similar uses in the E-1 zone. The existing primary residence and its orientation to A Street is not being modified. The proposed I' building with an average height of 21 %2 feet is less than the maximum of 40-feet in the zone. B. Overlay Zones. The proposal complies with applicable overlay zone requirements (part 18.3). The subject property is pre-existing, non-conforming with two residential units in the E-1 zone and no employment based businesses. This is non-conformity is not being modified or increased. In fact, the proposed addition will allow for the construction of artists' studio space within the increased square footage of the rear residential unit. C. Site Development and Design Standards. The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided by subsection E, below. Page 5 of 6 The subject property is Employment Zoned and is located within the Detail Site Review overlay, additionally, the property is within the Railroad Historic District. As demonstrated below, the proposed addition is compatible with the Historic District Design Standards. The proposed orientation and streetscape of the property is not being modified with the proposed addition. B. Historic District Design Standards. In addition to the standards of part 18.4, the approval authority uses the following standards for new construction, and restoration and rehabilitation of existing buildings within the Historic District overlay. 1. Transitional Areas. For projects located at the boundary between zones or overlays, appropriate adjustments to building form, massing, height, scale, placement, or architectural and material treatment may be considered to address compatibility with the transitional area E, while not losing sight of the underlying standards or requirements applicable to the subject property. 2. Height. Scale Massing: the mass of the proposed D. City Facilities. The proposal complies with the applicable standards in section 18.4.6 Public Facilities, and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property, and adequate transportation can and will be provided to the subject property. The proposal sill not have an impact on the capacity of the existing City facilities that service the site. E I Page 6 of 6 I RE: PLANNING ACTION 2015-02203 868 A Street Site Design Review and a Conditional Use Permit findings addendum: Vertical massing and scale: 1. Existing primary residence at 868 A Street. Recently renovated to meet Historic District Design Standards. Note existing cottage at left (at south end of property). This is the existing structure in this proposal. Note massing and scale of cabinet shop to right. Setbacks or Historic Compatibility are not met with this structure. pi~ k % ~ f "a N4Qp ~r ELI' I 7i x~~F 'Yr F I I E Lpsq~~~`S FI;4Y5 ~`EII 2. Cabinet shop to right (west) of primary residence. Note large scale, lack of proper setback, and non-compliance with Historic Standards. i r - € BEL 3. View from the porch to the west from 868 primary residence looking at cabinet shop at 864 A Street. Note scale, massing, setback, lack of Historic Standards detailing. f Offs I 7 I View from dining room at 868 A Street looking west at cabinet shop. Historic windows in the existing home were preserved and have a great view of the cabinet shop at 864 A Street. Note extreme massing, scale, lack of historic detailing, lack of light and view. } ; - a>k - ILI 4. View of setback to the west of the cabinet shop at 864 A. Street. Note setback, massing , and scale. .a - rt 5. View of West face of cabinet shop at 864 A. Street. (Vote 15' wall _rght scale and lack of historic detailing. 6. View of 842 A Street. Note massing, scale, lack of historic detailing. J - r; i v~ 7. View of rear of cabin' hop at 864 A Street. Existing structure in '--a8 SgFt proposed second story addition shown ac right next to blue vehicle. Note no setbaL Jr cabinet shop at 864 A Street, no historic detailing, massing and scale. .~L k _ g 8. No setbacks at cabinet shop at 864 A. Street. 9. View of cabinet shop from proposed structure at alley. Note 15' wall, no historic detailing, i massing, and scale. - fZ7 . 10. View of property to the South of 868 A Street from bedroom wins This enormous structure was built on the site of a demolished historic building. Note that the structure blocks entire view of the Ashland Watershed from the property at 868 A. Street. Note lack of historic detailing standards, massing, and very large scale. This structure dominates the immediate area. Address is 267 8th Street. Same photo with proposed structure at left. Note scale. t - M-ili~ Same structure to the South of 868 A Street. Note scale and lack of historic detailing. I i I ~I - 4 'k North face of large scale structure at 267 8th Street. Note severe massing, very large scale, lack of historic detailing. This structure dominates the area and blocks view to that property to the north. This second story in this proposal would be small in scale compared to this structure. l 1 11. Other large scale structures surrounding the proposed second story addition at 868 A Street. 2487 Ih Street. Severe lack of historic detailing, massing, scale. ^r-f 270 8th Street. 2347 Ih Street. ell 842 A Street at alley access. Note scale, massing, lack of historic detailing. This structure is three lots north of proposed second story addition at 868 A Street. - - View from alley behind A Street. Note general scale, massing, and detailing of all structures. Note scale of structure at far end of alley on 8th Street. A second story addition to the existing cottage at rear of property at 868 Street would not impede any surrounding massing or scacle. The proposed structL- s small compared to its surrounding, woW ' have historic compatibility, and would be set bacPc rurther from the alley than most of the sur. Ming structures. kkl ~~\1 r 12. Views to the North and East would be unimpeded. i t City of Ashland Planning Department December 6, 2015 To Whom it May Concern, When Harriet and Steve Saturen and I purchased the property at 868 A Street in Ashland over ten years ago it was our dream to ultimately renovate both the house and the cottage and live there. Harriet and Steve would occupy the house and I would occupy the cottage. We knew at the time that there would have to be work done on both buildings, but we were excited to envision living on A Street in Ashland, as we have always liked the Railroad District neighborhood. As Harriet and Steve recently renovated the main house they took great care in its design and worked cooperatively with the Historic Commission to make sure that the new structure would be in keeping with the neighborhood's look and feel, At times they altered what they were originally envisioning in order to work with the desires of the Historic Commission. It is easy to see, now that it is completed, that they were successful with that, and it is a very attractive addition to the neighborhood. Now it is time for the cottage to be renovated. I will be living there with my partner, Shari Southard. We are both artists. Shari is an accomplished visual artist and I am a published author. Part of the redesign of the cottage involves adding a second floor to it that will include two small studios for us, as well as some small amount of additional living space in order for it to be large enough for two people to live in it. It is now only 500 square feet. It will not be a large home, but adding approximately an additional 500 square feet will bring it to about 1000 square foot total, enough for the two of us. We have been working closely with Mark Lackey, of Integrity Building, who has been consulting with the Historic Commission and the Planning Department. Shari and I have also been willing to work with their ideas and have altered some of what we were planning for our home in order to do so. Everything we are doing is in compliance with city codes, and it is unfortunate that some of our neighbors have reacted to the plans negatively. I understand that change is hard, but the cottage will be renovated with the same care and attention to design needs, as was the main house. We are not infringing on anyone's solar access. And while I am sad that our second story may obscure some of our neighbor's view of Mt. Grizzly, that very same neighbor constructed a second floor on her home, effectively obscuring our view of the watershed mountains to the west. We cannot build out, as the cottage sits close to the alley. Building up is the only way we have of adding some much needed space to our home. The plans we have come up with, with Mark's help, will actually make the cottage have a much more harmonious look to it, matching the look of the main house, and fitting in well with the overall look of the neighborhood. My only desire here is to create a home that my partner and I can live and work in, one that fits in well with the look of the neighborhood, and to be, as we have always been, no matter where we live, good neighbors to those around us. We thought that changing these homes from rentals to owner occupied and renovating them would be positive additions to our neighbors. It has been most distressing to be met with so much negativity from a few neighbors when what we are trying to do is to improve our own property in accordance with regulations of the city and the input from the Historic Commission. Harriet and Steve and I are old friends, dating back to the University of Oregon in the 1970's. It has i long been a dream of ours to live in proximity to one another, which is why we bought the property years ago. We would greatly appreciate anything you can do to facilitate this process and to help us to finally achieve that dream. Thank you so much for your consideration with this. Linda Millemann Harriet Saturen Steve Saturen ti ASHLAND HISTORIC COMMISSION Meeting Minutes December 2, 2015 Community Development/Engineering Services Building - 51 Winburn Way - Siskiyou Room REGULAR MEETING - CALL TO ORDER 6:00p.m. - SISKIYOU ROOM in the Community Development/Engineering Services Building, located at 51 Winburn Way Historic Commissioners Present: Mr. Skibby, Ms. Renwick, Mr. Emery, Mr. Ladygo, Mr. Shostrom, Mr. Giordano, Mr. Swink, Mr. Whitford Commission Members Absent: Ms. Kencairn (E) Council Liaison : Carol Voisin Staff Present: Staff Liaison: Mark Schexnayder; Clerk: Regan Trapp APPROVAL OF MINUTES: Mr. Giordano motioned to approve minutes with corrections from November 4, 2015. Mr. Ladygo seconded. Mr. Whitford and Mr. Swink both abstained. PUBLIC FORUM: Bruce Bayard of 621 A Street, Ashland, Oregon, addressed the Commission regarding the Gateway Island Project. Mr. Bayard briefly described his time as a Public Arts Commissioner and stated that he was on the selection panel for the Gateway Island Project. Mr. Bayard went on to say that his reason for speaking is because he would like to see better intra-commission relationships between the Public Art Commission and Historic Commission. He spoke on past experiences with the flawed process and would urge the Historic Commission to participate in the process and find better ways to communicate within the City Commissions. Mr. Skibby closed the public forum. COUNCIL LIAISON REPORT: Ms Voisin gave the Council Liaison report. Mr. Skibby read aloud the procedure for public hearings. PLANNING ACTION REVIEW: PLANNING ACTION: 2015-02203 SUBJECT PROPERTY: 868 A Street OWNER/APPLICANT: Linda McMilleman & Steve Saturen/ Mark Lackey DESCRIPTION: A request for Site Design Review and a Conditional Use Permit to allow for a second story addition to the existing cottage at the rear of the property located at 868 A Street. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 39 1 E 09AA; TAX LOTS: 6800. There was no conflict of interest or ex parte contact with the applicant. Mr. Schexnayder gave the staff report on PA-2015-02203. Mr. Skibby opened the public hearing to the applicant. Amy Gunter of Rogue Planning and Development at 1424 S. Ivy, Medford, Oregon addressed the Commission. Ms. Gunter emphasized that the target use of the zone is general office developed at a .5 floor area ratio which equates to a 3,250 square foot office or office/residential combo. She went on to say that in E-1 zones you can have 85% lot coverage and no setbacks to the north. There is a 40 ft height limitation (or 3 stories) with a rear yard setback of 10 ft per story when abutting a residential zone. Ms. Gunter implied one could argue that the "residential use is non- conforming. She stated that the property has been a residential unit for decades and has been granted conditional use permits to further the residential growth. Ms. Gunter elaborated on the Conditional Use Permit criteria and compared the home to the neighboring lots and then passed around some photos of the different lots to show similarity in bulk and massing. Ms. Gunter heartily endorsed the architectural compatibility of the existing structure as compared with the Historic Design Standards and the scale and height are comparable to other buildings in the E-1 zone. Ms. Gunter clarified that they have taken all necessary measures to make it look like a residential unit and have continued the residential elements that are happening on the existing house, making it compatible with the residential structures in the vicinity. There were questions from the Commission regarding foundation, placement of buildings, siding materials and setbacks. Ms. Gunter elaborated on materials used for the project. Mr. Skibby closed the public hearing to the applicant and opened to the public for comments. Robert Monroe owner of Cabinet Works at 165 B Street, Ashland, Oregon addressed the Commission. Mr. Monroe gave a history of the development in the A Street area and stressed that he has concerns about the setbacks of the structure. Mr. Monroe directed attention to 18.1.4.030 from the land use code which talks about non-conforming structures. Mr. Monroe is concerned about it blocking neighbor's views of the mountains and will look right into Mr. Adelman's backyard creating a privacy issue. Stacy McCullough of 267 8th Street, Ashland, Oregon addressed the Commission. Ms. McCullough told the Commission that the 2nd story addition will block all her views of the mountains and she would not get the morning sun along the alleyway like she does now. She emphasized that the reason she bought her home was for the views she gets and believes she will be "blocked in" if the structure is allowed to be built. She showed the Commission photos of her views of the mountains. Allen Adelman of 886 A Street, Ashland, Oregon addressed the Commission. Mr. Adelman is concerned that if the structure goes up he will lose his privacy. He stated that the applicant is pushing the envelope with the proposed setbacks. He went on to say that he lives in an 800 square foot home and will feel boxed in if the structure goes up. There are numerous parking issues in the neighborhood and he feels that the Commission needs to look at the bigger picture. He invited the Commission to come to the area and look at what is proposed for it. Mr. Monroe spoke out of order and said that the basement is finished and has bedrooms in it. Mr. Adelman finished by stating that he never received the Notice of Complete in the mail. Mr. Skibby closed the public hearing and opened to staff for comments. Mr. Schexnayder called attention to the mailing of the Notice. He stated that, according to the labels and affidavit, the Notice was mailed to Mr. Adelman. Mr. Schexnayder went on to say that in the non-conforming section of the Land Use Code 18.1.4.030 a non conforming structure may be altered with planning approval of a Conditional Use Permit. Mr. Skibby commented that according to the Land Use Code, no one is guaranteed a view and Mr. Schexnayder concurred. There was much discussion on the solar ordinance, setbacks and what is allowed in E-1 and residential zones. Mr. Skibby opened the hearing to the applicant for rebuttal time. Ms. Gunter addressed the Commission and wanted to reiterate that the criteria speaks to massing scale and height compared to the target use of the zone. She stated that yes the setbacks are non -conforming but they would still have much less of an impact than a 40 ft tall structure 20 ft off the property line would. She went on to say that views are not protected through the Land Use Ordinance and they believe they have met all criteria for the Historic District Site Design and Use Standards. Mr. Schexnayder stated that with the Conditional Use Permit, this is would all be legal and by code and would be a staff administrative decision. Mr. Skibby closed to the applicants and opened to the Commission for comments. Commissions concerns are setbacks and the lack of an additional 10 feet for setback. They spoke about protecting the residential setback when adjacent to E-1 and believe it should be honored. Mr. Giordano thought a compromise might be to make the structure 1 %2 stories rather than 2 to preserve some views and sunlight but it would eliminate half of the upstairs. The Commission as a whole was undecided on this option and the decision was to continue this Planning Action until the next meeting to give the applicant time to respond. The first motion, made by Mr. Shostrom was to deny PA-2015-02203 but was withdrawn to give the applicants more time to alter their design. Mr. Shostrom motioned to continue PA-2015-02203 until January's meeting and allow the applicant time to respond to compliance with scale and massing in relation to the setbacks and try to meet existing ordinances and standards within the zone. Mr. Swink seconded. No one opposed. NEW ITEMS: Review board schedule Project assignments for planning actions 85 Winburn Way Mr. Schexnayder addressed the Commission regarding the reasons 85 Winburn Way will not be presented for planning action review. He went on to say that this is a hillside physical and environmental constraints permit and is not subject to Site Design or Conditional Use Permit review by the Historic Commission. He stated that the applicants have asked for the opportunity to present the proposal to the full Commission. Carlos Delgado, Architect at 217 Fourth Street, Ashland, Oregon addressed the Commission. He presented the color rendering of the proposed residence at 85 Winburn Way to the Commission. Mr. Delgado gave an overview of the project proposal and gave a brief history on the applicants, Bryan and Stephanie Deboer. Mr. Delgado pointed out that the applicants are wanting a more "urban project" home in Ashland, to retire in. He went on to say that they are meeting all the standards in the Historic District in regards to height, solar, setbacks, MPFA and wall frontages. Mr. Skibby commented that it's modern but the design and texture fits nicely in the area. Ms. Renwick called attention to the fact that it looks way smaller than it really is. Mr. Shostrom outlined the fact that it is residential, but it doesn't look like it. He went on to say that all the buildings in the area, even though commercial, have a residential feel. Mr. Shostrom mentioned that in looking at the proposal it speaks to the transition between commercial and residential because of the high scale of design. He commented that the way the building "steps up" is a soft feel and the applicant has done a great job with the cascading effect of the plantar boxes and the recessed parking and lower parking garage are a great concept. Mr. Ladygo said as compared to the previous drawings, this is a beautiful design and the massing is good. Ms. Renwick appreciates how Mr. Delgado addressed the issue of the driveway by not having them back out onto Winburn Way. The Commission asked questions about design of pillars and retaining walls, siding (possibly redwood, cedar, or teak) and tree removal. The Commission, as a whole, feels this is an appropriate project for the area and will improve it greatly. OLD BUSINESS: Email from David Sherr regarding plantings in the Plaza - The Commission discussed this and agreed that no one needs to respond to the email. "Gather" sculpture - Emails Ms. Renwick addressed the email and stated that the City allows service to 2 Commissions according to chapter 2.04.09.09C. Ms. Renwick went on the say that herself and Ms. Kencairn have no conflict of interest in regards to the selection of the art. Ms Renwick impressed upon the fact that the sculptress will be doing her own landscaping. She clarified that at the study session for the council they concluded that the process taken by the Public Arts Commission was legal and by the rules. She impressed upon the fact that if the Historic Commission doesn't agree with the rules than they need to be active in changing them. Mr. Skibby stressed that the City Council is working on some ideas for better communication between the Commissions. Mr. Ladygo emphasized that there are 2 qualified members that would be interested in a liaison position between both the Historic Commission and the Public Arts Commission. He went on to say that if the communication lines were open between the Commissions then there wouldn't be this immediate conflict. Mr. Ladygo added that the emails that have been sent regarding the "Gather" sculpture are all subjective in nature and based on "personal taste". He stated that the sculpture would not obstruct anyone's views and will blend in, in any season. Mr. Swink expressed his disappointment at not being able to attend the meeting in November and that he would have made more of a statement against the sculpture. Mr. Swink believes that while the sculpture is nice looking, it's inappropriately placed and doesn't represent Ashland for him. Ms Renwick interrupted Mr. Swink by saying it's subjective. Mr. Swink agreed with Ms. Renwick that it is subjective but stated that he has seen a lot of public artwork in relation to historic buildings and believes that something better could have been chosen. There was much discussion about the size, scale, and appropriateness of the sculpture where Commissioners were voicing their opinions. Ms. Renwick briefly outlined what Ms. Voisin had said at the last meeting and stated that "It's not about the art". Their job was to focus on the scale, size, materials and location of the sculpture, that's all. Mr. Skibby moved the discussion along and said they will wait to hear from the City Council on the process. Ms. Renwick made a recommendation to the Commission by going to the City's website and clicking on the gateway project banner public input section. She went on to say that they are taking the public's responses and creating word clouds. In Ms. Renwick's opinion they are one of the most effective visual things she has ever seen. DISCUSSION ITEMS: There were no items to discuss. COMMISSION ITEMS NOT ON AGENDA: Mr. Skibby shared with the Commission in regards to a visit he had with Barry Thalden, an architect from SOU. Mr. Thalden invited Mr. Skibby to look at a sign making router. Mr. Thalden offered to engrave the plaques for the Historical markers at a low cost. Mr. Skibby passed around' samples of the plaques to the Commission. Mr. Skibby reported that all the engraving is done on the computer and the service is available if this is the way everyone wants to go. Mr. Skibby says they may work with smaller projects. Mr.Shostrom and Ms. Renwick were concerned about the quality of the material and how long it would last. This material may be able to be used in other areas of the City. Review Board Schedule ~ December 10th Terry, Allison, Bill December 17th Terry, Sam, Andrew December 24th Terry, Kerry, Tom December 31St Terry, Kerry, Bill January 7th Terry, Keith, Tom Project Assignments for Planning Actions PA-2014-01956 Lithia & First All PA-2014-00710/711 143/135 Nutley Swink & Whitford PA-2014-01283 172 Skidmore Shostrom PA-2014-00251 30 S. First St Whitford BD-2013-00813 374 Hargadine Swink PA-2013-01828 310 Oak St. (Thompson) Shostrom PA-2014-02206 485 A Street Renwick PA-2015-00178 156 Van Ness Ave Kencairn PA -2015-00374 160 Lithia Way Emery PA-2015-00541 345 Lithia Way Giordano & Renwick PA-2015-00493 37 N. Main Skibby PA-2015-00878 35 S. Pioneer Ladygo PA-2015-01163 868 A' Street Kencairn PA-2015-00980 637 B' Street Shostrom PA-2015-00797 266 Third Ladygo PA-2015-01115 34 S. Pioneer Ladygo PA-2015-01496 35 S. Second-Winchester Inn Shostrom PA-2015-01512 198 Hillcrest Swink PA-2015-01695 399 Beach Skibby PA-2015-01769 860 C Renwick PA-2015-01517 209 Oak Shostrom ANNOUNCEMENTS & INFORMATIONAL ITEMS: Next meeting is scheduled for January 6, 2016 at 6;00 pm. There being no other items to discuss, the meeting adjourned at 8:11 pm Respectfully submitted by Regan Trapp ASHLAND HISTORIC COMMISSION Planning Application Review December 2, 2015 PLANNING ACTION: PA-2015-02203 SUBJECT PROPERTY: 868 A Street APPLICANT: Mark Lackey OWNER: Linda Millemann, Steven and Harriet Saturen DESCRIPTION: A request for a Site Design Review and a Conditional Use Permit to allow for a second story addition to the existing cottage at the rear of the property located at 868 A Street. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 39 1 E 09AA; TAX LOTS: 6800 Recommendation: j The Ashland Historic Commission will continue this hearing at the next regularly scheduled Historic Commission Meeting. I G I I i i r r G k l i I I r i I t r Department of Community Development Tel: 541.488-5305 20 East Main St. Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.orms G NPS Form 10-900-A OMB Approval No. 1024-0018 (8-66) United States Department of the Interior National Park Service National Register of Historic Places Continuation Amended-March 2002 Section Number: 7 Page: 66 Ashland Railroad Addition Historic District, Ashland, OR $500. A family member, E. N. Butler built several bungalows in Ashland in the 1920s and likely built this one. Butler sold the property to Peter Murray in 1923. In 1948 the house was occupied by P. C. Woods and in 1964 it was owned and occupied by SP employee Merced Chacon and his wife Ventura. The Butler House retains sufficient integrity to relate its historic period of development. ID # 216.0 THE CABINET WORKS 1985c 864 A STREET 391E09AB 1600 Other: Utilitarian Non-Historic, Non-Contributing This large wood-frame building, long used as a cabinet shop, was probably built shortly prior to the 1989 split of this tax lot from that of the Herbig House (ID #217.0), to the east. ID # 217.0 Survey #23 HERBIG, THOMAS AND M. L. HOUSE 0 868 A STREET 391E09AB 1601 Arts & Crafts: Bungalow Historic Contributing A single-story wood frame dwelling in the bungalow style, this structure was probably built shortly after M. L. Swab and Thomas Herbig were married in 1906. The couple sold the house to Louis H. Wyant in 1909, who retained ownership until 1925. There is no listing for the Herbig House in 1948 but the 1964 city directory show Mike Taylor as the owner and occupant. By 1991 the Herbig House was converted for use a hair salon. With only minor changes, the house retains sufficient integrity to relate its historic period of development. ED # 218.0 Survey #29 DEWS, OLIVER RENTAL HOUSE 1903c 854 A STREET 391E09AB 1700 Other Vernacular Historic Contributing A small single-story wood-frame hipped-roof vernacular cottage, the Dews Rental House was built in 1903 after the land was soldpto Oliver and Hattie Dews, who resided next door. Dews, who operated a drayage business, kept this house for rental purposes. Hattie Dews sold the property to M. A. Walker in 1909 and the following year it was being rented by Joseph Bailey, a hostler for the railroad. M. C. Weber lived here in 1948 and in 1964 Frank H. Breaszeale was the tenant. The Dews Rental House retains sufficient integrity to relate its historic period of development. ID # 219.0 WALT ANDERS AUTO REPAIR 1976 842 A STREET 391E09AB 1800 Other: Utilitarian Non-Historic, Non-Contributing This utilitarian concrete volume was apparently built in 1976 and the following year is listed as the site of the Walt Anders Auto Repair Shop which occupied the site for many years. ID # 220.0 Survey #25 DEWS, OLIVER HOUSE 1902c 832 A STREET 391E09AB 1900 Other: Vernacular Historic Contributing This single-story wood-frame vernacular ell was probably built sometime after Oliver B. and Hattie Dews purchased the property in 1902 from E. McNair Holmes. Dews, who operated a drayage business at the time this house was built, was later employed by the railroad as a car repairer. In 1910 Hattie and her two step-children Edmund and Ellen lived here. The house remained in family ownership form many years and was a rented to George and Anna Graham u o I-- _ 0 U) ` N ; co e" oo~ 4 jJy , r { ~ r ~ ~ ~ ~ z<"` n it i r i I Lt r t ll 1 1 b Ir ~k 7a - 71 I +uew~ S m ~ x ~ i R T AF q 1 ( / S ~ ~ ! F- t #219,000 842AST' i i Planning Department, 51 Winbu ii Nay, Ashland, Oregon 97520 1 T F 541-488-5305 Fax: 541-552-2050 www.ashland.or,us TTY: 1-800-735-2900 ALAND NOTICE OF APPLICATION PLANNING ACTION: 2015-02203 SUBJECT PROPERTY: 868 A Street OWNERIAPPLICANT: Linda McMilleman & Steve Saturen/ Mark Lackey DESCRIPTION: A request for Site Design Review and a Conditional Use Permit to allow for a second story addition to the existing cottage at the rear of the property located at 868 A Street. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 39 1E 09AA; TAX LOTS: 6800, NOTE: The Ashland Historic Commission will also review this Planning Action on Wednesday, December 2, 2015 at 6:00 PM in the Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way. NOTICE OF COMPLETE APPLICATION: November 24, 2015 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: December 8, 2015 i I SU BJECTPROPERTY r < - 889 A Street -209''x02203 /I I C Z - 1 z 1~ l 9s00 - - -c.rv of 9inch =50 feet Mopplnd le athematic only aid been no worrenty of eccureoy. Ail features, c4ucrurea, is<Iiltiea, eaaertnnt or roorlvvy locetlonc chould ba Independently/leld verifkdfor exlcience and/or location. 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. oCx CONDITIONAL USE PERMITS 18.5.4.050.A A Conditional Use Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. 1. 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, 2. That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the development, and adequate transportation can and will be provided to the subject property. 3. 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, pursuant with subsection 18.5.4.050,A.5, below. 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. a. Similarity in scale, bulk, and coverage. b. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities, c. Architectural compatibility with the impact area. d. Air quality, including the generation of dust, odors, or other environmental pollutants. e, Generation of noise, light, and glare. f. The development of adjacent properties as envisioned in the Comprehensive Plan, g. Other factors found to be relevant by the approval authority for review of the proposed use. 4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance, 5. For the purposes of reviewing conditional use permit applications for conformity with the approval criteria of this subsection, the target uses of each zone are as follows. a. WR and RR. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18,2.5 Standards for Residential Zones, b. R-1. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2,5 Standards for Residential Zones. c. R-2 and R-3. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 1825 Standards for Residential Zones, d. C-1. The general retail commercial uses listed in chapter 1822 Base Zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio, complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance requirements. e. C-1-D, The general retail commercial uses listed in chapter 1822 Base Zones and Allowed Uses, developed at an intensity of 1.00 gross floor to area ratio, complying with all ordinance requirements, f. E-1. The general office uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0,35 floor to area ratio, complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance requirements. g. M-1. The general light industrial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, complying with all ordinance requirements, h. CM-C1. The general light industrial uses listed in chapter 18,3.2 Croman Mill District, developed at an intensity of 0.50 gross floor to area ratio, complying with all ordinance requirements. L CM-OE and CM-MU. The general office uses listed in chapter 18.3,2 Croman Mill District, developed at an intensity of 0.60 gross floor to area, complying with all ordinance requirements, k. CM-NC. The retail commercial uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.60 gross floor to area ratio, complying with all ordinance requirements. 1. HC, NM, and SOU. The permitted uses listed in chapters 18.3,3 Health Care Services, 18.3,5 North Mountain Neighborhood, and 18,3.6 Southern Oregon University District, respectively, complying with all ordinance requirements. SITE DESIGN AND USE STANDARDS 18.5.2.050 The following criteria shall be used to approve or deny an application: A. Underlying Zone: The proposal complies with all of the applicable provisions of the underlying zone (part 18.2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards. B. Overlay Zones: The proposal complies with applicable overlay zone requirements (part 18.3). C. Site Development and Design Standards: The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided by subsection E, below. D. City Facilities: The proposal complies with the applicable standards in section 18.4.6 Public Facilities and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property and adequate transportation can and will be provided to the subject property, E. Exception to the Site Development and Design Standards. The approval authority may approve exceptions to the Site Development and Design Standards of part 18A if the circumstances in either subsection 1 or 2, below, are found to exist. 1. There is a demonstrable difficulty meeting the specific requirements of the Site Development and Design Standards due to a unique or unusual aspect of an existing structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent properties; and approval of the exception is consistent with the stated purpose of the Site Development and Design; and the exception requested is the minimum which would alleviate the difficulty.; or 2, There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better achieves the stated purpose of the Site Development and Design Standards. GAcomm-dev\planning\Planning Actions\Noticing FolderWailed Notices & Signs\2015\PA-2015-02203.doca 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 November 24, 2015 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 #2015-02203, 868 A Street. Signature of Employee DocumeW 11/2412015 F Ii ~ Il pja'f, If,p I., ~1 Il"7'r u'. ll'ti t'. 11 ih? ;T fli Y~ n t}~i'f fn IIf Efii 11Iii' Il~•d" ttyi [1~7nLL 11G1P,; Eni'G fit11,H~~v 1 P !111 '11044 L 114 , Oil Y ~ti Lf i p ail ilffL ~'l o n 11, t n'.Q p~ 1,111 l, a IlA, F r~" f 1 dnlc I out fl Rif W1 I; f11P.Vr ~sr' >~1lnn' 1 nfl r4 H i Fr: nuRnIn~' in n'F~ inn's lna.q 1~t~>3r not nnbH Q i i < < f' n. nn~~n ttn » in a FA Ell 4f r; f~11~ I n kJ t;' i a nk 8 1t ~ p S~ l 6 in DR In e I n. ~ 'll 4 ~110 ~'i 4 onrf CR,P:n. , nR FT k k O V, nnE?`n,L« Inui f nffn'u on, 1I ,,T77~..pp 77 ,n-n nth. 'ntyH''. ~p p ~7 { 'if'if N [ I~ l f'f of i. U L G `RDLIV In G .X E ry 7 -a f f~llf~lf ' so [I In Gv~ 'ISO Qe~' 94. ~w OU I 0-9 5E 'R DTE t Q17~N~"GEF [►H~ iPq) w Ey ~T[lEl ON-R W k, t ni.~' Ike ,~pryry {n~OZ n ll' ~ f' 'n [1f E P ~V:P y.Kijf ale z , 10& c.... v,; 6f. tip, H0fk l In n° 11, f V1194 II f F~IF> ,.pf~ ~Ifl~~i;k»'nCh'~ k, 1; ~n n~ ~1 t~~~Ga In lif ~'!1 ~ 1kS'{~ .k f GEC out MIT? I I gEy gi t znn~rr Pn011 ~90E,12 I Bill, t' _ . , ":j j 7' i ill111E I ,aR, to in n~G r k ~ ~ I ~ n'~ rQJ7{k. nfrE k i °T J..I ~..ik ~k1 ~ ll~'1P❑~ .L. ~ ~ In H, F. V ~7 l~ llf I , In nz, ~ ~l n tl (l rb~ PA-2015-02203 391 E09AA 6900 PA-2015-02203 391 E09AA 7200 r A-2015-02203 391 E09AA 8500 ADLEMAN ALAN R AUBIN-ADDICOTT SUZANNE TRUSTEE COLE MARY ELLEN/JOHN C 886 A ST 115 BROOKS LN 286 8TH ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 i PA-2015-02203 391 E09AA 7700 PA-2015-02203 391 E09AA 2215 PA-2015-02203 391 E09AA 8400 DANLEY WILLIAM E JR TRUSTEE DOUGLAS JAMES R TRUSTEE FENWICK STEPHEN C 871 B ST 2120 CALAVERAS AVE PO BOX 338 ASHLAND, OR 97520 DAVIS, CA 95616 ASHLAND, OR 97520 PA-2015-02203 391 E09AA 7300 PA-2015-02203 391 E09AA 7800 PA-2015-02203 391 E09AA 8300 GREENE DAVID E TRUSTEE KAPLAN-STANTON ALENE H/STANTON LARMORE JANET/JOHN T STRONG 367 OXFORD ST JOHN M 248 EIGHTH ST ASHLAND, OR 97520 885 B ST ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2015-02203 391 E09AA 2201 PA-2015-02203 391 E09AA 7000 PA-2015-02203 391 E09AA 7500 LUZ GEORGE A/SHELDON H MCCULLOH KENNETH S/STAYCE E MKH PROPERTY MANAGEMENT 4910 CROWSON AVE 267 EIGHTH ST COMPANY LLC BATCHELOR, MD 21212 ASHLAND, OR 97520 2022 CRESTVIEW DR ASHLAND, OR 97520 PA-2015-02203 391 E09AA 6700 PA-2015-02203 391 E09AA 7600 PA-2015-02203 391 E09AA 6600 MUNROE ROBERT W RAGEN DANIEL A JR RUBINSTEIN ILENE K 864 A ST 855 B ST 854 AST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2015-02203 391 E09AA 6800 PA-2015-02203 391 E09AA 7100 PA-2015-02203 391 E09AA 2216 SATUREN STEVEN L SCHAAF NED TRUSTEE SMITH ALFORD R JR TRUSTEE 265 STEINMAN DR 175 NEIL CREEK RD PO BOX 833 ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 I PA-2015-02203 391 E09AA 6200 PA-2015-02203 PA-2015-02203 UNION PACIFIC RR CO INTEGRITY BUILDING CONTRACTORS LINDA MCMILLEMAN & STEVE SATUREN 1400 DOUGLAS - STOP 1640 PO BOX 225 868 A STREET OMAHA, NE 68179 ASHLAND, OR 97520 ASHLAND, OR 97520 868 A STREET 11/24/2015 NOC 21 ZONING PERMIT APPLICATION Planning Division C I T Y O F 51 Winhu n Way, Ashland OR 97520 FILE W(2/ - r`e.~ &13 ASHLAND H L AN 541-488-5305 Fax 541-488-6006 ~ DESCRIPTION OF PROJECT S-0 _ ADD, DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? ® YES NO Street Address 1A Assessor's Map No. 391 E 3 t 09 A Tax Lot(s) Boo Zoning Comp Plan Designation APPLICANT Name All Phone 41- ft-al E-Mail . Address PO City SN I~0 Zip 9-7 5610 PROPERTY OWNER Name 0N0 ~ATvVU~W Phone T`1013"32 E-Mail k trt c (1 P 15ft~ ~ Address City As,~ KO Zip bs o SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER Title Name Phone 5141-00-411 E-Mail eNtf b 1 k 00 6 rA A• P Address- City &t Zip ~OA Title Name Phone E-Mail Address City Zip I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects, true and correct. I understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their location found to be incorrect, the owner assumes full responsibility. I further understand that if this request is subsequently contested, the burden will be on me to establish: 1) that I produced sufficient factual evidence at the hearing to support this request; 2) that the findings of fact furnished justifies the granting of the request; 3) that the findings of fact furnished by me are adequate, and further 4) that 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 hav vised to-seek competent professional advice and as (stance. l l c , ~ Signature Date Applica r6 As owner of the property_j . vo ved in this request, l have read and understood the complete application and its consequences to me as a property owner. E. dubs Property Owner's Signature (required) Date [ro be completed by City Staff] l ~d Date Received Zoning Permit Type Filing Fee $ OVER 0 Q:\comm-dev~planning\Forms & Handoufs\Zoning Pemiit Application.doe y i BUILDING CONTRACTORS %"V%V.INTEGRMBUILDIN000NTRACTORS.COM PHONE: 541-890-2371 PO BOX 225 ASHLAND, OREGON 97520 FAX: 541-488-7486 11/16/15 Ashland Planning Division 51 Windburn Way Ashland, Oregon 97520 Type 1 application for second story addition to existing rear cottage at 868 A. Street #3, Ashland, OR 97520. Additional square footage to be 538 Sqft. The property is Zoned E1. Maximum Building Height: 40ft Standard Yard Requirements: N/A Lot Coverage: N/A Landscape Requirements: 15%. Existing and met. Trees: 18.4.5.030. No trees are to be removed during or after construction for this addition. Narrative Additional square footage of proposed addition to be 538 Sqft. The property contains 2 permitted existing dwellings. The 538 Sqft proposal is to the existing cottage at rear of property. The main dwelling recently renovated contains 1 bedroom and 3031 Sqft which 1402 of this square footage is basement. Footprint of existing main dwelling is 1629 sqft. Existing secondary dwelling is 528 sqft. Lot coverage of the 6944 sqft lot is currently at 27.5%. The proposed addition will only boost the lot coverage to 29.5%. Current parking coverage of the lot is 7% which is not proposed to change. Lawn and landscaping lot coverage will be 63.5%. Findings of Fact: Applicable Land Use Ordinance findings based on Pre-Application and conference. Off-Street Automobile Parking Code (AMC) Chapter 18.4.3. Proposed use requires four (4) parking spaces, two (2) for the existing front dwelling and two (2) for the cottage (AMC 18.4.3.040). Rear alley access providing 18' x 27'4" provides two of the needed parking spaces. Lot line at 58' at street side of property (east on A Street) provides in excess of 44' to meet desired off-street credit for a total of four (4) parking spaces 18.4.3.060 2-4. Historic District Overlay Meetings with Ashland Historic Commission have guided the process through recommendations. Design revisions include rotating the primary roof line (ridge) to parallel the main house, using exterior treatments to represent historic detailing of the main house such as corbels at eves, attic vents, matching roof pitch, and siding materials (AMC 18.4.2.050.B.4). Vertical massing to be dealt with using details consisting of corner boards and a belly band (AMC 18.4.2.050.B.4). A matching roof to be used over the second story porch matching character of main house and historic standards of district (AMC 18.4.2.050.B.6). Double hung cottage style windows will be used matching the existing main house (AMC 18.4.2.050.B.7). Exterior paint color scheme to be scheduled to compliment and not detract from existing main house. Same color tones to be used per Historic Commission recommendations. i 15.5.2.050 A. Underlying Zone The proposal complies with all provisions of the E1 Zone. Setbacks meet existing non-conforming structure requirements. Building height within acceptable dimensions. Lot coverage well within requirements. Building orientation, architecture, and historic standards are addressed above and met. B. Overlay Zones Met C. Site Development and Design Standards The property is a pre-existing development. Additional Design Standards, including Historic District Standards, are described above and proposed to be met. D. City Facilities All city facilities are existing. E. Exception to the Site Development and Design Standards See Development and Design Standards. 1. Proposal is to an existing structure. 2. Proposed addition brings the existing structure detailing up to Site Development and Design Standards by implementing Historic Commissions recommendations. 15.4.2.030 C. Building Orientation 1. Building Orientation. N/A. Proposed addition is to an existing structure/dwelling located at the rear of the property. 2. Limitation on Parking Between Primary Entrance and Street. N/A. No new parking areas are to be created. 3. Build-to Line. N/A. Proposed addition is to existing structure. New construction not to impede any setbacks. D. Garages N/A. No structures of this type to be constructed with this proposal. E. Building Materials Building materials and paint colors to be used per Historic Commission recommendations and to match those used on the existing main dwelling. F. Streetscape No existing trees to be removed. G. Landscaping and Recycle/Refuse Disposal Areas. Existing. H. Open Space N/A. t Z 0 Q N Q UJ IQ ~ FW • z le o> N~ rc F Q W Z bb ®0 - - - - - - Parking 2T4" x 18'~ 12 2 Parking Spaces i 0 U I m ~ r1 A Street I m ~L IS rr T- --I J2'-t 1116' V.nM, Brkam m OtlA 17 $ ur I ~ ssdTMpswej e~ ear o N ern rsSe' 1~ N I ~7 I w r-W ,e. X 74 IM, v ;.eST a N 4 rn q- L (I va ra, LIVING AREA ' S zose• r ' I _ ~ ~ ~'wn a N ~ L1f 4 9Y-i 1116' -1n1E `71 LIVING AREA 648¢ 11 t i ® t i e t • e 1 st Floor DATE; 11/18/2015 SCALE: SHEET; a - u N q W Q z_ o> N ce rc w p DEB e m Y z 32'-1112" 0 18'-6 518" 3'-9 318" 9'-9112" 22.4 ~+Q r 3'-6118" 91-5 518" 51-57/81, 11'-q 112" 10'-6112" m 0, 12'-0 112" 3 w R$ Fr iI 3'-10118" 3'-7 3' 5'-2112" 3 3' 8 9 8` d 0 u 7:1 r ~v - c I m t i UP J 'Ru vorta~ 1 ~t~ iffl J 0 N Bath a a a a 0 m o g 4 3' " - k 6'405116" I GI _ o o r m~ o ~ in i m C m El m in Bedroom f I m- ---1 - - - - n L ~ J vonPw m IB1 n y. ~ -m m-- C iY E4j ~ N w _ annm~ 4-6112" .o m ;o 5ludio I I I ` in °#f Area v J 1 n N N 0" q'-11 112" ~ 'm 0 II'~T Kitchen m m hle~ita0on fi EGK ❑ b m I N i 11 "x1118" Q N 1{ m m Bath 3 m ~ 'J3 t D.W M ~ rv i= m I LI-11/2' S'-8.. - I a: - J 6'•115116" 3'-,'011116 3' 6'-1112° 3'-8118" 3' 3'-3718° 3'-011116" 10, 11114" 3,_1'•101/4"4'3316" 1'•11116" 6'•115116" 3' ' 3' F-11/2"- 5'-4 112" ' 8'-4114" 7.2114" 22'-1 1✓2" 22'-4" ~ 92'-9" e ' LIVING AREA 645 sq ft $ 1 1 LIVING AREA • 4q1 sg ft • e 1 st Floor E6 DATE: 11/18/2015 2nd Floor SCALE: SHEET; - Matching 6:12 Pilch Roof/Eye Corbees 0 Matching 18" Eve Depth Matching 18" Eve Depth Matching 6:12 Roof Pitch u Cottage Style Double Hung 1Nlndows Cottage Style Double Hung Windows- RooflEve Corbels Belt' Band at Floor Change Belly Band at Floor Changes Attic Vent comer Trim Corner Trim Horizontal Siding m 0 Covered Decked Matching 6:12 Pitch m No Eves ~ Q zN o> 'ma ~w Q tu I :p Z ry :f N ry lV •r it' ~ •r bf1 r G ~ 07 ®0 C0 bjD U~ p N 32'•3' 24'•1118" 0 P, Elevation b Elevation 4 yU) Matching 6:12 Fitch q) N w RooflEve Corbels N w Matching 18" Eve Depth Matching 16" Eve Matching 6:12 Roof Pitch Cottage Stye Double HungYlindcws Cottage Stye Double Hung N9ndows 0 J3 Roof/Eve Corbels Bally Band at Floor Change Belly Band at Floor Change 73 s Attic Vent GornerTdm LomerTrim ~ u1 Horizontal Siding Paint color to Compliment Main (E>dsting) House 4 m X2'•6 ry o ~ " 0 h 0 i t lY ® F r s ~o I DATE: 111/18/2015 1 24'•2' -}F 32.3 SCALE: Elevation 7 Elevation 8 I SHEET; t z F a tt N w 0 m~ zn w w a a K m f i 0 bq vi r ®0 5= N ~ 0 N tlr' ~ d • e ' ~ i • f i DATE' I 'I I ~il ;III I n l IIII!~lilfll P _ _ SCALE; as SHEET; Job Address: 868 A ST Contractor: ASHLAND OR 97520 Address: A C Owner's Name: SATUREN STEVEN L O Phone: Customer 08326 N State Lic No: L MARK LACKEY T City Lic No: Applicant: PO BOX 225 R Address: ASHLAND OR 97520 A C C Sub-Contractor: A Phone: T Address: N Applied: 11/18/2015 O T Issued: R Expires: 05/16/2016 Phone: State Lic No: Maplot: 391 E09AB1601 City Lic No: DESCRIPTION: Site Design & Review & CUP to enlarge nonconforming structure 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 Residential Site Review 1,012.00 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 -AS H LAN E-j"