HomeMy WebLinkAboutPioneer_175_PA-2016-00818
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CITY F
ASHLAND
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June 24, 2016
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Notice of Final Decision
On June 23, 2016, the Community Development Director approved the request for the following:
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Planning Action: PA-2016-00818
Subject Property: 163/175 N. Pioneer
Applicant: Joan Yates/Christopher Brown
Description: A request for Site Design Review approval to install wooden arbors in the front
of both Ruby's and Gil's in order to define the outdoor seating area and increase the aesthetic connection
to the street. The proposed arbors will not be connected and are being reviewed under one application.
COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1 ASSESSOR'S MAP:
391E-09-BB; TAX LOTS: 12500 and 12600.
The Community Development Director's decision becomes final and is effective on the 12th day after the
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.
Prior to the final decision date, anyone who was mailed this Notice of Final Decision may request a
reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO) 18.5.1.050(F)
and/or file an appeal to the Ashland Planning Commission as provided in ALUO 18.5.1.050(G). The
ALUO sections covering reconsideration and appeal procedures are attached. The appeal may not be
made directly to the Oregon Land Use Board of Appeals.
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If you have any questions regarding this decision, please contact Cory Darrow in the Community
Development Department at (541) 488-5305.
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cc: Property owners within 200 ft
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COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050 ( j
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us ( ,
SECTION 18.5.1.050 Type I Procedure (Administrative Decision with Notice)
E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to
subsection 18.5.1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision.
F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below.
1. Any party entitled to notice of the planning action, or any City department may request reconsideration of the action
after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no
fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision.
Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence
during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity
to respond to the issue prior to making a decision.
2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall
decide within three days whether to reconsider the matter.
3. If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the
decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse
the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any
party entitled to notice of the planning action.
4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the
reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration.
G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following:
1. Who May Appeal. The following persons have standing to appeal a Type I decision.
a. The applicant or owner of the subject property.
b. Any person who is entitled to written notice of the Type I decision pursuant to subsection
18.5.1.050.B.
c. Any other person who participated in the proceeding by submitting written comments on the application to the
City by the specified deadline.
2. Appeal Filing Procedure.
a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.050.G.1, above, may
appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of
this subsection. The fee required in this section shall not apply to appeals made by neighborhood or community
organizations recognized by the City and whose boundaries include the site. If an appellant prevails at the
hearing or upon subsequent appeal, the fee for the initial hearing shall be refunded.
b. Tune for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of
decision is mailed.
c. Content of Notice of Appeal. The notice of appeal shall be accompanied by the required filing fee and shall
contain.
i. An identification of the decision being appealed, including the date of the decision.
ii. A statement demonstrating the person filing the notice of appeal has standing to appeal.
iii. A statement explaining the specific issues being raised on appeal.
iv. A statement demonstrating that the appeal issues were raised during the public comment period.
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. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before
the Planning Commission. The appeal shall not be limited to the application materials, evidence and other
documentation, and specific issues raised in the review leading up to the Type I decision, but may include other
relevant evidence and arguments. The Commission may allow additional evidence, testimony, or argument
concerning any relevant ordinance provision.
4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type II public hearing procedures,
pursuant to section 18.5.1.060, subsections A - E, except that the decision of the Planning Commission is the final
decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the
adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of
Appeals, pursuant to ORS 197.805 - 197.860.
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COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900 I
www.ashland.onus
PA-2016-00818 391 E09BB 98001 PA-2016-00818 391 E09BA 11900 PA-2016-00818 391 E09B6 12300
171 OAK STREET LLC BERMAN SANDRA TRUSTEE ET AL BERMAN STEVEN BERMAN
PO BOX 1169 162 N PIONEER ST MITCHELL/STEVEN
ASHLAND, OR 97520 ASHLAND, OR 97520 79 PINE ST
ASHLAND, OR 97520
PA-2016-00818 391 E09BA 12100 PA-2016-00818 391 E09BA 13300 PA-2016-00818 391 E09BB 11900
BROOKS GERALD L/DOROTHY C COLLONGE JOSEPH L TRUSTEE ET AL GREG BAILEY ENTERPRISES II LLC
136 B ST 111 B ST 4902 MT ASHLAND SKI RD
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-00818 391 E09BB 11700 PA-2016-00818 391 E09BB 11200 PA-2016-00818 391 E09BA 14500
HAINES LLOYD M HAYES MERRILL E HISTORIC ASHLAND ARMORY LLC
51 WATER ST 222 191 OAK ST PO BOX 249
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-00818 391 E09BA 12000 PA-2016-00818 391 E09BB 11600 PA-2016-00818 391 E09BA 11800
M J D JAMESTOWN MC CALL MC LAUGHLIN LLC POTOCKI STAN
M3 REALTY LLC
180 N PIONEER ONE LOUDON LN S 2020 CRESTVIEW DR
ASHLAND, OR 97520 LOUDONVILLE, NY 12211 ASHLAND, OR 97520
PA-2016-00818 391 E09BB 11300 PA-2016-00818 391 E09BB 12200 PA-2016-00818 391 E09BA 13200
RENICK KAREN RIGOTTI GARY R/YVONNE DUNN SHELLEY STACY
350 OXFORD ST 12 PEBBLE CREEK DR 123 B ST
ASHLAND, OR 97520 EAGLE POINT, OR 97524 ASHLAND, OR 97520
PA-2016-00818 391 E09BB 15600
SPARTAN ASHLAND NATALIE REAL PA-2016-00818 391 E09BA 12200 PA-2016-00818 391 E09BB 12000
ESTATE LLC STEWART MARILYN M UHTOFF KATHERINE J TRUSTEE ET AL
66 WATER ST 200 142 B ST 633 ROCA
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-00818 391 E09BB 12600 PA-2016-00818 391 E09BB 12700 PA-2016-00818 391 E09BB 12400
YATES JOAN M ET AL YORK ELIZABETH G DELAUNAY DEBORAH ET AL
10 BUCHANAN ST 640 PRACHT 336 MOWETZA DR
NASHUA, NH 03060 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-00818 PA-2016-00818 PA-2016-00818
JOAN YATES CHRISTIAN SENF CHRISTOPHER BROWN
232 FOURTH ST 175 N PIONEER 426 A ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
163/175 Pioneer
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ASIILAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: PA-2016-00818
SUBJECT PROPERTY: 163/175 Pioneer (Ruby's/ Gil's)
OWNER: Joan Yates
APPLICANT: Christopher Brown
DESCRIPTION: A request for Site Design Review approval to install arbors over the
outdoor seating of both 163 and 175 Pioneer in order to define the seating area and increase the aesthetic connection
to the street. The proposed arbors will not be connected and are being reviewed under one application.
COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1;
ASSESSOR'S MAP: 39 lE 09 BB; TAX LOT: 12500 and 12600
PLANNER: Cory TREE: NO; IHSTORIC: YES
SUBMITTAL DATE: April 29, 2016
DEEMED COMPLETE DATE: May 25, 2016
STAFF APPROVAL DATE: June 23, 2016
DEADLINE TO APPEAL (4:30 p.m.): July 5, 2016
FINAL DECISION DATE: July 6, 2016
APPROVAL EXPIRATION DATE: January 6, 2017
DECISION
The proposal is a request for Site Design Review approval to install arbors over the outdoor seating of 163 North
Pioneer Street and 175 North Pioneer Street. Two existing restaurant establishments, Ruby's and Gil's, are located
on the subject properties. The applicants propose installation of the arbors in order to define the seating area and
increase the aesthetic connection to the street.
The subject properties are located on the west side of North Pioneer Street, between Lithia Way and B Street within
the Ashland Historic Railroad District. The properties are rectangular in shape, each with a 421/2-foot frontage on
North Pioneer Street, a depth of 75 feet and a lot area of 3,188 square feet. There is shared vehicular access between
the two structures that leads to parking at the rear of the properties.
The existing structure at 163 N. Pioneer Street, an approximately 624 square foot single-story Arts & Crafts
bungalow, is designated as the Roy G. Murphy Rental House in the historic resources inventory and is considered
to be a Historic Contributing Resource.
The existing structure at 175 N. Pioneer Street is recognized as a Historic Non-Contributing structure. The structure
has been substantially modified over the years with applied detailing and re-constructed elements, which does not
currently reflect its historic period of development.
The Ashland Historic Commission reviewed the request at its regular meeting of June 8, 2016 and recommended
that the application be conditionally approved. The original proposal included using powder-coated steel supports.
Due to the Historic Review Board's suggestion, the applicant modified the proposal to incorporate dimensional
timber as the primary material. At the formal Historic Commission meeting on June 8, 2016, the commission
recommended lightening the presence of the arbor to prevent dominating the fagade of the historic buildings and
acts more as complimentary structures. Specifically, the Commission suggested using supports smaller than 6 x 6
and using a stacked design opposed to flush connections at the joists. The Commission noted the Ashland Nature
Center arbor as an example of a historically compatible design. Ultimately, it was decided upon and approved by
the Commission that the arbors would incorporate 3.5" x 3.5' rusted metal tubing as the supports.
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PA #2016-00838
163/175 N. Pioneer St.
Page 1
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Staff is supportive of the approved design and believes it is an improvement over the original proposals. The
approved design is compatible with Historic District Design Standards that require new covered porches and other
architectural features be compatible with the historic building, but not imitative of the era and/ or building.
Site Review'
The Site Design Review approval criteria focus on verifying that. A) The proposal complies with all of the
applicable provisions of the underlying zone, 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) The proposal complies with applicable overlay zone requirements; C) The proposal
complies with the applicable Site Development and Design Standards of part 18.4; and D) 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 approval authority may approve exceptions to the Site Development and Design Standards of part 18.4 in
specific circumstances, where applicable criteria are satisfied.
In this instance, Site Design Review is triggered due to the proposed exterior modifications of a contributing historic
resource, and due to proposed development within the Detail Site Review overlay. The Site Design Review is
limited to considering the proposed exterior changes in light of the applicable design standards (i.e. Basic Site
Review, Detail Site Review, Historic District Design Standards) to ensure that the changes proposed are compatible
with the existing historic building, surrounding district and the associated design standards.
The applicants assert that the proposal complies with the applicable provisions of the land use ordinance relative to
the C-1 zoning, the overlays for the Downtown and Historic District, and the applicable Site Development and
Design Standards, and that adequate capacity of public facilities can and will be provided to the site by the
applicants.
The criteria for Site Review Approval are described in AMC Chapter 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.
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
PA #2016-00838
163/175 N. Pioneer St.
Page 2
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will result in a design that equally or better achieves the stated purpose of the Site Development
and Design Standards.
The application with the attached conditions complies with all applicable City ordinances. Planning Action
#2016-00818 is approved with the following conditions. Further, if any one or more of the following conditions
are found to be invalid for any reason whatsoever, then Planning Action #2016-00818 is denied. The following are
the conditions and they are attached to the approval:
1. That all proposals of the applicant shall be conditions of approval unless otherwise modified herein.
2. That all recommendations of the Ashland Historic Commission, where consistent with the applicable
ordinances and standards and with final approval of the Staff Advisor, shall be conditions of approval
unless otherwise modified herein.
3. That the plans submitted for the building permit shall be reviewed by the Historic Review Board for
substantial conformance with the approved application and recommendations of the Historic Commission.
If the plans submitted for the building permit are not in substantial conformance with those approved as
part of this application, an application to modify this Site Design Review approval shall be submitted and
approved prior to the issuance of a building permit.
3) That the building permit submittals shall include identification of all easements, including but not limited
to public and private utility easements and mutual access easements.
4) That no part of the arbors may extend into the shared driveway access between the two structures.
5) That no part of the arbors may extend into the right-of-way of North Pioneer Street, including the sidewalk,
without receiving an encroachment permit from the Ashland Public Works Department.
6) That required off-street parking shall be available for use by customers and employees only, and shall not
be used for the storage, display of materials, etc.
June 23, 2016
44aria Harris, Pl Wing Manager Date
Department of Community Development
PA #2016-00838
163/175 N. Pioneer St.
Page 3
CITY of
ASHLAND
Planning Department
51 Winburn Way
Ashland, OR 97520
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Ashland Historic Commission
Design Review Form
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Applicant Date
Address
Proposed Action T K FOB. S t-~4~ 1 (?c~j~;~~
Commercial ® Residential
® New Construction ® Changes to Existing Structure
Historic Review Board Comments:
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In the spirit of protecting the historic design and compatibility of your project, if you wish to amend your
building plan in order to apply any recommendations of the Historic Review Board, we encourage you to
prepare an addendum and resubmit it to the Building D partment.
Applicant Signature Historic Review Board Signature
Gkomm-devl lanningTor missions & CommilteeslHistoric CommissionlMisc Adan-FORMSIDesign Review Form.doc
12/1312007
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historic Commission Review Checklist
Walls - Surface materials (siding to be used); Profile (width, thickness of siding); Finish (rough, smooth, paint stain)
® Roof - Pitch; Height; Form/Type (mansard, hip, gable) and Materials (shake, comp)
Windows - Materials (wood, metal, clad); Type (double hung, casement, fixed, bay); Style (Queen Anne, Palladian); Trim
(Shutters, molding, sills, pediments); Sizes (Window schedule); Glass (clear, frosted decorative); Arrangement and
number of windows
Doors and Main Entry - Materials (wood, metal, clad); Style; Trim (framing, sidelights); Sizes; Hardware
Chimneys - Material (brick, faced with siding); Height/width; Functional or decorative; Style
Porches, Decks, Stairs - Materials; Dimensions; Scale in relation to structure; Supports (posts, columns); Trim (railings,
brackets, balustrades)
Foundation - Exposed; Material
Color- Paint, stain, natural
Orientation of Structure to Site - Height; Scale; Symmetry/Harmony; Relationship/Compatibility to neighborhood and
adjoining/surrounding buildings
Other Design Details - Signage (materials, type, illumination); Fences, Walls; Exterior Lighting; Outbuildings (gazebos,
garages, guesthouses); Driveways, sidewalks, Parking Area Aesthetics; Miscellaneous (columns, domes, quoins,
ornamental trim); Landscaping; Setback of structure (relationship to neighboring buildings); Orientation of Main Entrance
Historical Precedents - Architectural style and period of structure/facade; Reference to existing or previous Ashland
buildings; Removal or change of historical elements
Meter Placement - Size, location
The purpose of the following guidelines is to ensure the proper use of materials and details within the Historic District:
® Be sure the remodeled portion's exterior wall finish matches the existing or original material.
® Design window additions to duplicate existing or original windows.
® Design the roof on additions or remodels to have the same pitch as the original roof. Extend the ridge lines where
possible. On one-story rear additions, shed roofs are acceptable.
® Match the style of any porch or entry addition at the front of the structure to the original or existing style.
® Match colors of any additions to the colors used on the existing exterior.
® Try to rehabilitate and restore as many features as possible.
® Sawn shingle and, for economy, composition roofs are preferred. Asphalt shingles, which match existing color and
texture, are acceptable. Shake shingles, tile and metal roofs are not compatible with most architectural styles in
Ashland's historic districts.
® Diagonal and vertical siding is not compatible in most cases.
® Imitative materials such as asphalt siding, wood textured aluminum siding or artificial stones are not compatible.
® Any detached structures should be compatible with the existing building and conform to the above guidelines.
® Styles of other eras or locales, such as Tudor and Western style, are to be avoided.
G:Icomm-devl lanninglCommissions & CommifleeslHistodc CommissionWisc Admin-FORMSIDesign Review Form.doc
12/13!2007
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 6/24/16 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 #2016-00818, 163/175 Pioneer.
Signature of Employee
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Document6 6124/2016
Planning Department, 51 Winbum Way, Ashland, Oregon 97520 CITY F
541-488-5305 Fax:541-552-2050 www.ashland.or,us TTY:1-800-735-2900
ASHLAND
NOTICE OF APPLICATION
PLANNING ACTION: PA-2016-00818
SUBJECT PROPERTY: 163/175 N. Pioneer
OWNER/APPLICANT: Joan Yates/Christopher Brown
DESCRIPTION: A request for Site Design Review approval to install wooden arbors in the front of both Ruby's and Gs
in order to define the outdoor seating area and increase the aesthetic connection to the street. The proposed arbors will not
be connected and are being reviewed under one application. COMPREHENSIVE PLAN DESIGNATION: Commercial;
ZONING: C-1 ASSESSOR'S MAP: 391E-09-BB; TAX LOTS: 12500 and 12600
NOTE: The Ashland Historic Commission will also review this Planning Action on Wednesday June 8, 2016 at 6:00 PM in the
Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way.
NOTICE OF COMPLETE APPLICATION: May 25, 2016
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: June 8, 2016
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The Ashland Planning Division Staff has received a complete application for the property noted above.
Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn Way,
Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above.
Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice
is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the comment period
and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice
of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staff's decision must
be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.108.040)
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application,
by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the
Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal
to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity
to allow this Department to respond to the issue precludes an action for damages in circuit court.
A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be
provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services
Building, 51 Winburn Way, Ashland, Oregon 97520.
If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305.
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SITE DESIGN AND USE STANDARD
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.
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AFFIDAVIT OF MAILING
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STATE OF OREGON )
County of Jackson )
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The undersigned being first duly sworn states that:
1. I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On May 25, 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 #2016-00818, 163/175 N. Pioneer.
~0 6'W--)
-fa-En Sign re of Employee
Documend 5125/2016
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PA-2016-00818 391 E09BA 11800 t-A-2016-00818 391 E09BA 11900 2016-00818 391 E09BA 12000
POTOCKI STAN BERMAN SANDRA TRUSTEE ET AL I I M J D JAMESTOWN
2020 CRESTVIEW DR 162 N PIONEER ST I 1 180 N PIONEER
ASHLAND, OR 97520 ASHLAND, OR 97520 !ASHLAND, OR 97520
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PA-2016-00818 391 E09BA 12100 I PA-2016-00818 391 E09BA 12200 PA-2016-00818 391 E09BA 13200
BROOKS GERALD L/DOROTHY C ! STEWART MARILYN M SHELLEY STACY
136BST 142BST 11236ST
ASHLAND, OR 97520 ASHLAND, OR 97520 I ASHLAND, OR 97520
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PA-2016-00818 391 E09BA 13300 PA-2016-00818 391 E09BA 14500 PA-2016-00818 391 E09BB 11200
COLLONGE JOSEPH L TRUSTEE ET AL III HISTORIC ASHLAND ARMORY LLC HAYES MERRILL E
111 B ST PO BOX 249 191 OAK ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-00818 391 E09BB 11300 ! PA-2016-00818 391 E09BB 11600 I PA-2016-00818 391 E09BB 11700
RENICK KAREN MC CALL MC LAUGHLIN LLC (HAINES LLOYD M
350 OXFORD ST ONE LOUDON LN S j 51 WATER ST 222
ASHLAND, OR 97520 LOUDONVILLE, NY 12211 I ASHLAND, OR 97520
I I
PA-2016-00818 391 E09BB 11900 r PA-2016-00818 391 E09BB 12000 PA-2016-00818 391 E09BB 12100
GREG BAILEY ENTERPRISES II LLC ! HOADLEY LLOYD A TRUSTEE ET AL UHTOFF KATHERINE J TRUSTEE ET AL
4902 MT ASHLAND SKI RD 981 PARK ST ( 633 ROCA ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-00818 391 E09BB 12200 I ' PA-2016-00818 391 E09BB 12300 I PA-2016-00818 391 E09BB 12400
RIGOTTI GARY R/YVONNE DUNN I BERMAN STEVEN I 1336 MOWETZA DR
12 PEBBLE CREEK DR ! 79 PINE ST ! ASHLAND, OR 97520
EAGLE POINT, OR 97524 I ASHLAND, OR 97520
_ III ~I
PA-2016-00818 391 E09BB 12500 i PA-2016-00818 391 E09BB 12700 PA-2016-00818 391 E09BB 15600
YATES JOAN M TRUSTEE ET AL YORK ELIZABETH G SPARTAN ASHLAND NATALIE REAL
10 BUCHANAN ST 640 PRACHT ESTATE LLC
NASHUA, NH 03060 ASHLAND, OR 97520 j 66 WATER ST 200
ASHLAND, OR 97520
PA-2016-00818 391 E09BB 98001 PA-2016-00818 j PA-2016-00818
171 OAK STREET LLC I CHRISTIAN SENF CHRISTOPHER BROWN
PO BOX 1169 I 1 175 N. PIONEER 426 A STREET SUITE 101
ASHLAND, OR 97520 ASHLAND, OR 97520 ' ASHLAND, OR 97520
I 175 N. PIONEER
15/25/2016 NOC
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C I T Y OF
ASHLAND
Planning Department
51 Winburn Way
Ashland, OR 97520
541-488-5305 71 l
Ashland Historic Commission
Design Review Form rF
I`
Applicant
Address L F 1 1,
Proposed Action`
Commercial ® Residential
® New Construction ® Changes to Existing Structure
Historic Review Board Comments:
l Nci
e Woo S) M Lev t ~ L~ Uo
`11b ~ V "U ~kn c~-D
In the spirit of protecting the historic design and compatibility of your project, if you wish to amend your
building plan in order to apply any recommendations of the Historic Revie , we encourage you to
prepare an addendum and resubmit it to the Building Department
App scant Signature Historic Revie Signature
r,
G:Icomm-devlplanninglCommissions & CommitteesWistoric CommissionNisc Admin-FORMSIDesign Review Form.doc
12/13/2007
i
Historic Commission Review Checklisf '
i
Walls - Surface materials (siding to be used); Profile (width, thickness of siding); Finish (rough, smooth, paint stain)
Roof - Pitch; Height; Form/Type (mansard, hip, gable) and Materials (shake, comp)
Windows - Materials (wood, metal, clad); Type (double hung, casement, fixed, bay); Style (Queen Anne, Palladian); Trim
(Shutters, molding, sills, pediments); Sizes (Window schedule); Glass (clear, frosted decorative); Arrangement and
number of windows
Doors and Main Entry - Materials (wood, metal, clad); Style; Trim (framing, sidelights); Sizes; Hardware
173 Chimneys - Material (brick, faced with siding); Height/width; Functional or decorative; Style
Porches, Decks, Stairs - Materials; Dimensions; Scale in relation to structure; Supports (posts, columns); Trim (railings,
brackets, balustrades)
Foundation - Exposed; Material
13 Color - Paint, stain, natural
11 Orientation of Structure to Site - Height; Scale; Symmetry/Harmony; Relationship/Compatibility to neighborhood and
adjoining/surrounding buildings
Other Design Details - Signage (materials, type, illumination); Fences, Walls; Exterior Lighting; Outbuildings (gazebos,
garages, guesthouses); Driveways, sidewalks, Parking Area Aesthetics; Miscellaneous (columns, domes, quoins,
ornamental trim); Landscaping; Setback of structure (relationship to neighboring buildings); Orientation of Main Entrance
11 Historical Precedents - Architectural style and period of structure/facade; Reference to existing or previous Ashland
buildings; Removal or change of historical elements
13 Meter Placement - Size, location
The purpose of the following guidelines is to ensure the proper use of materials and details within the Historic, District:
® Be sure the remodeled portion's exterior wall finish matches the existing or original material.
® Design window additions to duplicate existing or original windows,
® Design the roof on additions or remodels to have the same pitch as the original roof. Extend the ridge lines where
possible. On one-story rear additions, shed roofs are acceptable.
® Match the style of any porch or entry addition at the front of the structure to the original or existing style,
® Match colors of any additions to the colors used on the existing exterior,
® Try to rehabilitate and restore as many features as possible.
® Sawn shingle and, for economy, composition roofs are preferred. Asphalt shingles, which match existing color and
texture, are acceptable. Shake shingles, tile and metal roofs are not compatible with most architectural styles in
Ashland's historic districts.
® Diagonal and vertical siding is not compatible in most cases.
® Imitative materials such as asphalt siding, wood textured aluminum siding or artificial stones are not compatible.
® Any detached structures should be compatible with the existing building and conform to the above guidelines.
® Styles of other eras or locales, such as Tudor and Western style, are to be avoided.
G:Icomm-devlplanninglCommissions & CommitteesViistoric CommissionWisc Admin-FORMSIDesign Review Form.doc
12/13/2007
ti
PROJECT NARRATIVE/FINDINGS
4.20.3.6
PROJECT NAME: 163-175 North Pioneer Street
I
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TYPE OF PLANNING ACTION: A request for Site Review approval for 2 exterior arbor/shade
structures at 163-175 N. Pioneer Street.
PROJECT INFORMATION:
OWNER:
Joan Yates
232 4th Street
Ashland, OR 97520
CLIENT:
Christian Serif
175 N.Pioneer Street
Ashland, OR 97520
ARCHITECT:
Christopher Brown
426 A Street Suite 1ol
Ashland, OR 97520
PROJECT ADDRESS:
163 -175 North Pioneer Street
LEGAL DESCRIPTION:
39-:LE-og BB Tax Lot 12500
COMPREHENSIVE PLAN DESIGNATION:
Commercial
ZONING DESIGNATION:
C-1
SITE DATA:
Area of Property: 6-~27.5~ S.F. (.15 acres) 100%
Site Coverage Area 4456 S.F._ _ _ 6g%
Gil's Building Footprint 76o S.F. 12%
Ruby's Building Footprint 837 S.F. 13%
Landscape Area 976 S.F. 31%
SITE DESCRIPTION:
LAND USE:
In the general area of the subject property, there currently exist a variety of occupancies and uses.
These range from restaurants, retail stores, traveler's accommodations, residential occupancies, as well
as professional business and medical offices.
There is also a combination of zoning districts which include C-1, C-1-D, R-2 and E-1 w/ residential
overlay. Uses and Zoning Districts immediately adjacent to the subject property are as follows:
North Pioneer Street: Commercial/ Low Density Multiple-Family Residential and Employment
w/ a Residential Overlay; Zoned C-1, R-2, E-1 (residential overlay).
Lithia Way: Commercial and Commercial Downtown; Zoned C-1, C-1-D
B Street: Low Density Multiple-Family Residential and Commercial; Zoned R-2, C-1
Oak Street: Commercial, Commercial Downtown, Low Density Multiple-Family Residential and
Employment w/ a Residential Overlay; Zoned C-i, C-1-D, R-2, E-1 (residential overlay).
The subject property is zoned for Commercial use (C-1) and is located within one of Ashland's Detail
Site Review Zones. The block is situated between the more intensely developed commercial downtown
core, with the public parking lotjust across the street to the east, and the residentially zoned
neighborhood a half-block to the north along B Street. In previous applications in the vicinity, the block
has been described as a buffer area providing a transition between the commercial core of the
downtown and the Railroad District Residential neighborhood across the street.
The purpose of the C-1 District is to stabilize, improve and protect the characteristics of those areas
providing commercial commodities and services.
PHYSICAL CHARACTERISTICS:
The subject property's address is 163-175 N. Pioneer Street, located on the west side of the street in the
Ashland Railroad Addition district. The lot is rectangular and approximately 3049.2 S.F. 07 acres) in
size with 45'-6" frontage on N. Pioneer.
i
im Eastern View of 163 N. Pioneer Existing 1.02 Eastern View of Shared Drive Existing 1.03 Eastern View of 175 N. Pioneer Existing
CAR PARKING REQUIRED
Total Spaces Required: 5
1 Space per 4 Seats [20 seats total] = 5 Spaces
Existing Spaces: 13 off-street, 2 street] = 5 Spaces
Total Spaces Required = 5
CAR PARKING SPACES PROVIDED:
Total Spaces Provided: 5
On-Street
Standard 2 Spaces
On-Site
Standard 2 Spaces
ADA 1 Spaces
On-Site Total= 3 Spaces
On-Street Total= 2 Spaces
BICYCLE PARKING REQUIRED:
Total Spaces Required: 2
Total Spaces Required = 2 Spaces
soo% Sheltered
BICYCLE PARKING PROPOSED:
Total Spaces Proposed: Zo
Total Spaces Provided =1o Spaces
soo% Sheltered
TOTAL PARKING CREDITS PROPOSED:
On-Street
Standard 2 Credit
On-Site
Standard i. Credit
ADA s. Credit
Bicycle
5 spaces beyond the 2 required 1 Credit
Total Parking Credits Proposed: 6 Credits
ACCESS TO PROPERTY:
Vehicle access to the property is via a 13'-o" ROW driveway off N. Pioneer Street. There is an existing
driveway apron. Pedestrians are able to access the building by a pathway leading from N. Pioneer
Street's 6'-o" pedestrian sidewalk, which extends along the entire eastern property border. A 3'-0"
accessible route connects the accessible space aisle to the front entrance of 175 N. Pioneer.
ROW:
N. Pioneer-36'-o"
B Street - 36'-o"
Lithia Way-4.4'0"
Oak Street - 36'-o"
- - pedestrian access
fee"
pedestrian sidewalk
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1.04 Property Access
HISTORIC DISTRICT/HISTORIC COMMISSION REVIEW:
The subject property is located within Ashland's Railroad Addition Historic District and is designated
"The Clarence and Rachel Bell Rental." The building is considered to be a "non-contributing" resource
because it has been substantially modified overtime with applied detailing and re-constructed
elements and doesn't currently reflect its historic period of development. However, t} e aplAc3nt.
understands the importance for the proposed improvements to be consistent with applicable design
standards, including those for Historic District Development. The applicant believes that the proposed
design is consistent with these standards.
RAILROAD ADDITION HISTORIC DISTRICT PRECEDENT:
While the applicant believes that the proposed arbor design is consistent with the above standards and
is in keeping with the neighborhood aesthetic (see photos below), the applicant believes that this
proposal constitutes a Railroad Addition Historic District precedent. As a result, the applicant has taken
great measure to ensure that the proposed structure's aesthetics are in keeping with similar structures
found within the Railroad Addition Historic District.
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1.05 Arbor Structure at 471 A Street. 1.o6 Arbor Structure at 243 4"' Street. 1.07 Arbor Structure at 237 N 1" Street.
DISTINGUISH OUTDOOR SEATING AND VEHICULAR CIRCULATION:
The Historic Commission's previous recommendations for the properties emphasized the need to
distinguish outdoor seating from parking and circulation and to provide landscape buffering to better
define the spaces. The applicant believes that the addition of the proposed structure helps to further
distinguish outdoor seating from parking and circulation.
_ I I existing seating
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i existing landscape
yl - proposed structur
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1.o8 Existing Seating and. Landscape Area with Proposed Arbor Structure
MAJOR PEDESTRIAN ENTRY/ORIENTATION TO STREET:
In addition, to further distinguishing spaces the applicant believes that the proposed structure further
increases the properties' connection to the street creating an aesthetic entryway to the structures and
clear pedestrian link to N. Pioneer Street.
3.75. N. Pioneer St.:
The proposed arbor structure at 175 N. Pioneer will create a strong an inviting link to N. Pioneer St. The
raised arbor allows for the front face of the building facade to be clearly visible while establishing an
open, festive outdoor space further enhancing both the building and neighborhood aesthetic.
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1.og Proposed Arbor Structure at i75 N. Pioneer.
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1.1o Rendering of Proposed Arbor Structure at 175 N. Pioneer.
163. N. Pioneer St.. i
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The proposed arbor structure at 163 N. Pioneer St. will create an aesthetic and intimate entrance
strengthening the buildings connection to N. Pioneer St. The proposed structure will visually become
part of the buildings current entrance way. The proposed arbor is significantly lower than it's
counterpart at 175 N. Pioneer St. providing a more intimate experience and aesthetic that compliments
the existing building, the neighboring structure, and the neighborhood.
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im Proposed Arbor Structure at 163 N. Pioneer St.
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1.12 Rendering of Proposed Arbor Structure at 163 N. Pioneer St.
LANDSCAPE BUFFER:
The existing landscape will not be changed by the proposed structure.
PROJECT DESCRIPTION:
REQUEST:
The subject property is located at 163-175 N. Pioneer Street, in the Ashland Historic District, between
Lithia Way and B Street on two lots totaling 6377.53 S.F. (.15 acres). The existing commercial food and
beverage establishments have by all accounts been a welcome addition to the Railroad Addition
Historic District. The applicant requests to further improve the aesthetic and welcoming atmosphere of
these establishments by:
i.) Add a decorative arbor structure to 163 N. Pioneer
2.) Add a decorative arbor structure to 175 N. Pioneer
It is the intention of this project to add decorative arbor structures consistent with the type and design
of similar arbor structure found in the Railroad Addition Historic District.
COMMERCIAL ZONING COMPLIANCE:
The proposed usage complies with the C-1 Zone District (Chapter 18.32) in regard to permitted uses,
setbacks, lot coverage, and height.
LANDSCAPE/OPEN SPACE IMPROVEMENTS:
It is the applicant's belief that the proposed structure will significantly improve the current landscaped
seating area. The proposed structure will simultaneously strengthen the buildings connection to N.
Pioneer St. while serving to further define space.
The existing landscape will remain in place and be protected during construction.
PARKING LOT LANDSCAPING AND PARKING LOT TREE:
The site currently meets the parking lot landscaping and parking lot tree requirements.
UTILITIES:
All utilities associated with the proposal are within the Pioneer Street right-of-way and already extend
to the building. The proposal will not create a need to increase the site's infrastructure.
FINDINGS:
SITE REVIEW (Chapter 1.8.72)
The planning Staff/Commission can approve a Site Review when the following criteria have been
addressed:
A. All applicable City Ordinances have been met or will be met by the proposed development.
COMMERCIAL ZONE DISTRICT (CHAPTER 18.32)
PERMITTED USES
The City's Comprehensive Plan and Zoning Map shows the subject propertyto be Commercial C-1.
"This district is designated to stabilize. Improve and protect the characteristics of those areas providing
commercial commodities and services. This proposal is consistent with the City's requirement that
an area of the site proportional to the amount of the proposed building expansion (8%) be brought
into compliance with the applicable design standards of Basic & Detailed Site Review
Requirements as well as Historic District Development Standards.:
ORIENTATION TO THE STREET:
Buildings are to have a clear, primary orientation to the street with entrances oriented to the street and
pedestrian access provided from the public sidewalk. When located on a corner-lot, buildings are to be
oriented to the corner, or to the higher order street. The building design, hardscape and landscape
treatments should all support this orientation. The building has a primary orientation toward N.
Pioneer Street and the contiguous 6'-o" pedestrian sidewalk. The eastward facing entrance to the
building is to the sidewalk by a pathway.
DISTINGUISH OUTDOOR SEATING AND VEHICULAR CIRCULATION:
The site design is keeping with the Historic Commission's previous recommendation for the need to
distinguish outdoor seating from parking and circulation and to buffer people from cars while better
defining the space. It is the applicant's belief that the proposed structures further define the patio
spaces and create a welcoming entrance to the respective buildings.
LEVEL OF DETAIL:
All necessary drawings including, but not limited to, Site plan with graphic scale, exterior elevations of
all structures both as they exist and with the proposed changes; color, material, lighting, and trim
details including cross-section drawings and details of the arbor materials, cover and any associated
lighting; details of existing and proposed signage; landscaping/irrigation plans; and floor plans for all
buildings which identify all kitchen and dining areas, and seating areas have been included in the
application.
BUILDING CODE ISSUES:
The applicants have consulted with the Building Official prior to submitting the application.
FIRE CODE ISSUES:
The applicants have consulted with the Ashland Fire and Rescue's Fire Marshall prior to submitting the
application.
PARKING:
The applicants are aware of planning staff concerns about the intensity of uses with limited parking and
with the spaces currently provided being under-used or parked with a vehicle taking multiple spaces. It
is the applicant's intent to utilize rear parking for employee and ADA parking in order to better utilize
and manage parking spaces.
SENSE OF ENTRY:
Buildings are to have their primary entry within 20 feet of the street. Entrances are to be visible, functional,
and open to the public during all business hours, and automobile parking and circulation are not to be
placed between a building and the street. The applicant intends to enhance the sense of entry to the
existing buildings with the proposed structure.
NEIGHBORHOOD OUTREACH:
The applicant is are aware that neighbors have previously expressed concern with the Planning Actions
for this property. In an effort to facilitate better understanding of the project and alleviate potential
concerns the applicants have consulted with neighbors within a zoo' radius informing them of the
design intent and likely outcomes. It should be noted the applicant has gone to great lengths to
improve the landscape and vegetated buffer between neighboring properties, and worked diligently to
ensure relations are in good standing.
SUBMITTAL REQUIREMENTS:
The applicant is providing a Narrative and Findings in addition to exhibits for written
documentation. The extent of the Graphic Document includes: Site/Elevation/Detail Plans, Floor
Plans, Proposed Colors and Materials, and Building Elevation drawings. This information is
provided in the Application Package and addresses the submittal requirements of Chapter
18.]2.o6o.
11-C-1.BASIC SITE REVIEW STANDARDS
Approval Standard: Development in all commercial and employment zones shall conform to the
following development standards:
II-C-1a. ORIENTATION AND SCALE
Buildings shall have their primary orientation toward the street rather than the parking area.
Building entrances shall be functional, and shall be accessed from a public sidewalk. Public sidewalks shall
be provided adjacent to a public street frontage.
Buildings that are within 3o feet of the street shall have an entrance for pedestrians directly from
the street to the building interior. This entrance shall be designed to be attractive and functional, and shall
be open to the public during all business hours. As shown in the Site Plan and Floor Plan the primary
orientation is toward N. Pioneer Street. The building entrance is designed to be a clear,
aesthetically pleasing and functional pathway connecting to the public sidewalk with direct access
from the street. The pedestrian pathway is intended to be open during all business hours.
C. The development complies with the Site Design Standards adopted by the City Council for the
implementation of this Chapter.
II-C-sc. LANDSCAPING
x. Landscaping shall be designed so thatSo% coverage occurs after one year and 9o% coverage occurs
afters years.
2. Landscaping design shall use a variety of low water deciduous and evergreen trees and shrubs and
flowering plant species.
3. Buildings adjacent to streets shall be buffered by landscaped areas at least so feet in width, except in
the Ashland Historic District. Outdoor storage areas shall be screened from viewfrom adjacent public
right-of-ways, except in M-s zones. Loading facilities shall be screened and buffered when adjacent to
residentially zoned land.
4. Irrigation systems shall be installed to assure landscaping success.
S. Efforts shall be made to save as many existing healthy trees and shrubs on the site as possible.
The existing landscape is in compliance with Ashland's landscaping requirements and will not be
changed
II-C-id. PARKING
z. Parking areas shall be located behind buildings or on one or both sides.
2. Parking areas shall be shaded by deciduous trees, buffered from adjacent non-residential uses and
screened from non-residential uses.
I
The existing parking area meets all code requirements and will not be changed.
c
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Rx Date/Time APR-28-2016(THU) 11.07 6038815557 P. 002
04/28/16 THU 13:01 FAX 6038F 157 ALPHAGRAPHICS PACE b2~202
04/25/2016 12:41 5417749S,_
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51 Wit►blim Way, ,Ashland OR 97520 FILE
Cv't4•:0•e 541-489-5305 ra%541-488-6006
AS-OLA-ND 11 11111 111~
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DESCRI M OF P QJE pomuing LEED® Certification? El YES
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1 IreCeby certify that the sfafements end in,agon contained in (his application, including the enclosed drawings and i n, required e nl inOs of fact; ere in all respeaei
GtaneriY pins must be shown on Me drawings and visible upon the site inspecfion In fhs oven! ~e p aro not shown or her
understand that it this request is subsaquenfly contested, the burden will be on me to
true and correct, I understand that all
locafian found to be inocrrect, the owner assumes full responsibility. I further
estebikh: t this request
Ij that t produced seri6aent~ctudl evidence of the hearing to suppot
2) that the 5nding6 of factfumish 3d jusfKas the granting ofih fcrihersk iand
3) that fhe findings of fact furnished by ma are ade ed on the ground,
a) that all structures or lmprtivernords are p/opetN locat b„in bulk in ,ollanca f j~,ronn haina /agl iirsu! fn
FailureIn fhes regaro vv ll r2sulr mast jr et do nvt pn rracMsed b seek compe(eni probut fession ,l_adv--,Ae dQu s"anc s ie.
be removed et,-my exp. If I have any.,
Dater
APPIit ' Signa to
o invohred 1 this request, I have lead and understand the complats application and Its consequences tome as a property
As owner ofMe
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zoning Permit Type Filing fee S
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13:1edMtA•D,i+191Fmi„glFocme m ~ydPU{s17oo~n4 Appliag4utt,do~
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Job Address: 175 N PIONEER ST Contractor:
ASHLAND OR 97520 Address:
C
A Owner's Name: EVELYN/JOAN BOBBETT/YATES O Phone:
P Customer 06059 N State Lie No:
P CHRISTIAN SENF T City Lie No:
L Applicant: R
I Address: A.
C C Sub-Contractor:
A Phone: (307) 690-4189 T Address:
N Applied: 04/28/2016 O
T Issued: R
Expires: 10/2512016 Phone:
State Lie No:
Maplot: 391 E09BB12500 City Lie No:
DESCRIPTION: Type 1 commercial site review
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
Commercial Site Review (type1) 1,112.00
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
CITY F
Inspection Request Line: 541-552-2080 -AS Hff LAN D`
I
CITY F
ASHLAND
August 12, 2016
Notice of Final Decision
On August 10, 2016, the Community Development Director approved the request for the following:
Planning Action: 2016-01027
Subject Property: 276 B Street (Tax Lot 5800 & 5900)
Applicant: Kimberlynn Locklin
Description: A request for Site Design Review approval for the construction of two detached
Accessory Residential Unit's less than 500 square feet, one on each of the subject properties. The project
will also involve the removal of trees and the construction of one single-family dwelling per tax lot.
COMPREHENSIVE PLAN DESIGNATION: Low Density Multiple Family Residential; ZONING: R-
2; ASSESSOR'S MAP: 39 1E 09BA; TAX LOT: 5800 & 5900.
The Community Development Director's decision becomes final and is effective on the 12th day after the
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.
Prior to the final decision date, anyone who was mailed this Notice of Final Decision may request a
reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO) 18.5.1.050(F)
and/or file an appeal to the Ashland Planning Commission as provided in ALUO 18.5.1.050(G). The
ALUO sections covering reconsideration and appeal procedures are attache
d. The appeal may not be
made directly to the Oregon Land Use Board of Appeals.
1,22'
If you have any questions regarding this decision, please contact Mark Schexnayder in the Community
Development Department at (541) 488-5305.
cc: Parties of record and property owners within 200 ft
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541A88-5305
51 Winburn Way Fax: 541-552-2050 -
Ashland, Oregon 97520 TTY: 800-735-2900
ev _ oa_us
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i
SECTION 18.5.1.050 Type I Procedure (Administrative Decision with Notice)
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E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to
subsection 18.5.1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision.
F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below.
1. Any party entitled to notice of the planning action, or any City department may request reconsideration of the action
after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no
fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision.
Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence
during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity
to respond to the issue prior to malting a decision.
2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall
decide within three days whether to reconsider the matter.
3. If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the
decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse
the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any
parry entitled to notice of the planning action.
4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the
reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration.
G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following:
1. Who May Appeal. The following persons have standing to appeal a Type I decision.
a. The applicant or owner of the subject property.
b. Any person who is entitled to written notice of the Type I decision pursuant to subsection
18.5.1.050.B.
c. Any other person who participated in the proceeding by submitting written comments on the application to the
City by the specified deadline.
2. Appeal Filing Procedure.
a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.050.G.1, above, may
appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of this
subsection. The fee required in this section shall not apply to appeals made by neighborhood or community
organizations recognized by the City and whose boundaries include the site. If an appellant prevails at the hearing
or upon subsequent appeal, the fee for the initial hearing shall be refunded.
b. Time for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of
decision is mailed.
c. Content ofNotice ofAppeal. The notice of appeal shall be accompanied by the required filing fee and shall contain. _
i. An identification of the decision being appealed, including the date of the decision.
ii. A statement demonstrating the person filing the notice of appeal has standing to appeal
iii. A statement explaining the specific issues being raised on appeal.
iv. A statement demonstrating that the appeal issues were raised during the public comment period.
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. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before the
Planning Commission. The appeal shall not be limited to the application materials, evidence and other documentation,
and specific issues raised in the review leading up to the Type I decision, but may include other relevant evidence and
arguments. The Commission may allow additional evidence, testimony, or argument concerning any relevant
ordinance provision.
4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type Il public hearing procedures,
pursuant to section 18.5.1.060, subsections A - E, except that the decision of the Planning Commission is the final
decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the
adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of
Appeals, pursuant to ORS 197.805 - 197.860.
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900 I~
L~,wt .ashland.or us ~l
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ASHLAND PLANNING DIVISION
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FINDINGS & ORDERS
PLANNING ACTION: PA-2016-01027
SUBJECT PROPERTY. 276 B Street (Tax Lot 5800 & 5900)
APPLICANT/OWNER: Kimberlynn Locklin
DESCRIPTION: A request for Site Design Review approval for the construction of
two detached Accessory Residential Units less than 500 square feet, one on each of the subject
properties. The project will also involve the removal of trees and the construction of one single-
family dwelling unit per tax lot.
COMPREHENSIVE PLAN DESIGNATION: Low Density Multiple Family Residential;
ZONING: R-2; ASSESSOR'S MAP: 39 lE 09 BA; TAX LOT: 5800 & 5900.
SUBMITTAL DATE: June 1, 2016
DEEMED COMPLETE DATE: June 24, 2016
STAFF APPROVAL DATE: August 10, 2016
FINAL DECISION DATE: August 24, 2016
APPROVAL EXPIRATION DATE: February 26, 2018
DECISION
The application involves a request for Site Design Review approval to construct two new
multiple family developments to include a single-family dwelling and accessory residential unit
on each of two tax lots. The subject properties are located on the south side of B Street, nearest
the intersection with North Second Street. The properties are both rectangular in shape, each with
an area of approximately 5,025 square feet. The back of each parcel abuts an alley between First
Street and Second Street. The subject properties gently slope from the alley down to B Street.
There are currently several mature pine and fir trees located on the subject property. Both parcels
and their immediate surrounding uses are zoned R-2, Multiple-Family Residential. B Street is r
identified as an Avenue and is improved with paving, curb and gutters in place. Sidewalks exist
in front of the subject property and throughout the rest of the street.
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According to Jackson County tax records and the application materials provided, the subject
properties including tax lots 5800, 5900, and 6000 currently have a 2,750 square foot Six-Plex
constructed in about 1968 that is proposed to be demolished. In addition, it appears the existing
lot configuration, including tax lot 5800, 5900, and 6000, was in place prior to August 18, 1964.
Therefore, all three tax lots are considered legal lots per Ashland Municipal Code (AMC) section
18.1.3.020. Since all three tax lots are legal, the existing Six-Plex- is considered a non-
conforming structure because it does not meet setback requirements and spans across several
property lines. The Six-Plex currently has city facilities including water, sewer, gas, and electric
service.
Multiple-Family Rental Unit Conversion
Per Ashland Municipal Code (AMC) section 18.2.3.200, the conversion of multi-family rental
units to for purchase housing, including the dernolition of existing multi-family dwelling rental
units, is subject to special use standards. In this case, -the proposal. involves- the conversion of an
PA #2016-01027
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existing six unit multi-family development to for purchase housing through demolition and
reconstruction. The existing multi-family development proposed for demolition is non-
conforming and the two new multi-family developments meet all standards. Therefore, 75
percent of the units are required to be provided as market rate ownership units and 25 percent of
the units are required to be provided as market rate rental units. Since the development is
essentially converting six rental units to for purchase housing, the applicant is required to
provide two rental units. The rental units will be provided as two proposed Accessory
Residential Units. One Accessory Residential Unit will be located on tax lot 5800 and the second
unit located on tax lot 5900.
Site Design Review
Where accessory residential units are allowed, they are subject to Site Design Review under
chapter 18.5.2. Accordingly, applicants are required to demonstrate compliance with the criteria
for Site Review approval. The following text addresses the applicant's proposal and the
applicable criteria.
The first criterion for Site Design Review approval 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. " The
proposed Accessory Residential Units appear to conform to the underlying zone's density and
floor area requirements, maximum building height, lot coverage, area and dimensions, setbacks,
building orientation, and architecture. Each of the proposed single-family dwellings are setback
approximately 20 feet from the front lot line and six feet from the side lot line. Both single-
family dwellings are approximately 1,852 square feet and do not exceed the Maximum Permitted
Floor Area (MPFA) within the historic district. The two proposed ARU's are setback
approximately 21 feet from the rear lot line and six feet from the side lot lines. The accessory
units are separated by more than six feet from the primary dwelling on each lot. In the Unified
Land Use Ordinance, chapter 18 of the AMC, sizes of ARUs are limited to 50 percent of the
Gross Habitable Floor Area (GHFA) of the primary residence, and, no greater than 500 square
feet in the R-2 zone. The ARU's are 495 square feet and 499 square feet respectively and
therefore both are under the required maximum of 500 square feet. The application materials
state the properties are covered with approximately 48.8 percent and 50.6 percent impervious
surfaces. Thus, the proposed ARU's meets the code requirements for setbacks and lot coverage.
The second approval criterion is that, "The proposal complies with applicable overlay zone
requirements (part 18.3). " The proposal complies with all standards for the Historic District
Overlay including Maximum Permitted Floor Area (MPFA) and Historic District Design
Standards. The Ashland Historic Commission reviewed the current proposal at the regular
meeting on July 6, 2016. The commission recommended several changes to the design of the
primary dwellings as well as the accessory units. The recommendation included changing
window design, adding a belly band, and changing the type of garage doors used.- The
-commission was supportive of the overall design of the proposed units and recommended
approval of the application with the requested changes.
The third approval criterion is that, "The proposal complies with the applicable Site
PA #2016-01027
276 B Street/MMS
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Development and Design Standards of part 18.4, except as provided by subsection E. " The
proposed single-family dwellings have front entrances facing B Street. In addition, the two
ARU's will have pedestrian paths connecting to the sidewalk on B Street and access from the
rear alley through the garages. The applicant has submitted a landscaping and tree preservation
plan. The application materials show compliance with landscaping and open space requirements.
A condition will be added to require an irrigation plan prior to issuance of a building permit.
Two parking spaces are required for each single-family dwelling, and a third is needed for the
proposed ARU's. The application notes that two off-street vehicle parking spaces will be
provided off the rear alley in the proposed garage and ARU structures. Tax lot 5800 and 5900
both have approximate 37.5 feet of street frontage available for parking, which would allow for
the one additional on-street vehicle parking credit to satisfy the minimum parking requirements
for each. Bicycle parking will be provided either in the garage or in a designated enclosure space.
Trash and recycling facilities will also be required for both parcels.
The proposed tree protection and removal plan was reviewed by the Ashland Tree Commission
at the regular meeting of July 7, 2016. The commission recommended approving the application
as presented with the removal of four trees and the protection of 12 trees. The recommendation
from the tree commission included that trees #12, #13, #14, #15 as identified on the tree
protection and removal plan be wrapped for extra protection during asphalt removal.
The fourth criterion is that, "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. " B Street is paved, with curbs, gutters, park-
row, and a sidewalk in place along the subject property's full frontage. New utility services
including water, sewer, electric, and storm drainage will be provided for both tax lots. Street
trees are required to be provided and will be added as a condition of approval prior to issuance of
Certificate of Occupancy.
CONCLUSION
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No public comments were received with regard to the proposal. Therefore, with the conditions
below, staff finds that the proposed unit would be in conformance with the standards of the R-2
zone, the minimum requirements of the Accessory Residential Unit and Site Design Review
chapters of the Ashland Municipal Code.
The criteria for an Accessory Residential Unit are described in AMC Chapter 18.2.3.040,
as follows:
A. R-1 Zone. Accessory residential units in the R-1 zone shall meet the following
requirements.
1. One accessory residential unit is allowed per lot, and the maximum number of
dwelling units shall not exceed two per lot.
2. Accessory residential units are not subject to the density or minimum lot area
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276 B StreeVMMS
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requirements of the zone, except that accessory residential units shall be counted
in the density of developments created under the Performance Standards Option
in chapter 18.3.9.
3. The maximum gross habitable floor area (GHFA) of the accessory residential unit
shall not exceed 50 percent of the GHFA of the primary residence on the lot, and
shall not exceed 1, 000 square feet GHFA.
4. The proposal shall conform to the overall maximum lot coverage and setback
requirements of the underlying zone.
5. Additional parking shall be provided in conformance with the off-street parking
provisions for single-family dwellings in section 18.4.3.040, except that parking
spaces, turn-arounds, and driveways are exempt from the paving requirements in
subsection 18.4.3.080. E. 1.
C. R-2 and R-3 Zones. Accessory residential units in the R-2 and R-3 zones shall meet the
standards in subsection 18.2.3.040.A, except that the maximum gross habitable floor area
(GHFA) of the accessory residential structure shall not exceed 50 percent of the GHFA of
the primary residence on the lot, and shall not exceed 500 square feet GHFA.
The criteria for Site Review approval are described in AMC Chapter 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.
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 I 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
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276 B Street/MMS
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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.'
In staff's assessment, with conditions, the application complies with applicable ordinances and
meets all required criteria for approval of the construction of a multiple family development.
Planning Action #2016-01027 is approved with the following conditions. Further, if any one or
more of the following conditions are found to be invalid for any reason whatsoever, then
Planning Action #2016-01027 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 all necessary building permits and associated fees and charges, including permits
and service connection fees for the new electrical service to the accessory residential unit,
and any applicable system development charges for water, sewer, storm water, parks, and
transportation shall be paid prior to the issuance of a building permit. The building
permit submittals shall include:
a) 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 substantial conformance with those approved as part of this
application, an application to modify this Site Review approval shall be submitted
and approved prior to issuance of a building permit.
3) That building permit submittals shall include:
a) Solar setback calculations demonstrating that all new construction complies with
Solar Setback Standard A in the formula [(Height -6)/(0.445 + Slope) = Required
Solar Setback] and elevations or cross section drawings clearly, identifying the
highest shadow producing point(s) and the height(s) from natural grade.
b) Lot coverage calculations including all building footprints, driveways, parking, j
and circulation areas. Lot coverage shall be limited to no more than 65 percent as
required in AMC 18.2.5.030.A.
C) Verification that the new home on tax lot 5800 & 5900 complies with the
Maximum Permitted Floor Area requirements of AMC 18.24.040.1.
d) 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 I
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 i
detailed on the building permit submittals.
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276 B StreeVMMS
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4) That a revised Tree Protection Plan consistent with the standards described in 18.4.5 be
submitted for review and approval by the Staff Advisor prior to the issuance of a building
permit. The plan shall identify the location and placement of fencing around the drip lines
of trees identified for preservation. The amount of fill and grading within the drip line
shall be minimized. Cuts within the drip line shall be noted on the tree protection plan,
and shall be executed by handsaw and kept to a minimum. No fill shall be placed around
the trunk/crown root.
5) That a Verification Permit shall be applied for and approved by the Ashland Planning
Division. The tree protection shall be inspected and approved by the Ashland Planning
Department prior to site work, storage of materials and/or the issuance of a building
permit. The tree protection shall be chain link fencing six feet tall and installed in
accordance with 18.4.5. No construction shall occur within the tree protection zone
including dumping or storage of materials such as building supplies, soil, waste,
equipment, or parked vehicles.
6) That all recommendations of the Ashland Tree Commission, where consistent with the
applicable ordinances and standards and with final approval of the Staff Advisor, shall be
conditions of approval unless otherwise modified herein.
7) That street trees, 1 per 30 feet of street frontage, shall be installed on the B Street
frontage prior to the issuance of a certificate of occupancy. All street trees shall be chosen
from the adopted Street Tree List and shall be installed in accordance with the
specifications noted in Section E of the Site Design and Use Standards. The street trees
shall be irrigated.
8) That a landscaping and irrigation plan to include irrigation details satisfying the
requirements of the Site Design and Use Standards under AMC 18.4.4.030 and showing
park row improvements shall be provided prior to issuance of a building permit.
9) That all recommendations of the Ashland Historic Commission, where consistent with
the applicable ordinances and standards and with final approval of the Staff Advisor,
shall be conditions of approval unless otherwise modified herein.
10) That all exterior lighting shall be directed on the property and shall not directly illuminate
adjacent proprieties.
11) That all public improvements including but not limited to the sidewalk, street trees, and
street lighting shall be installed to City of Ashland standards under permit from the
Public Works Department and in accordance with the approved plan prior to Certificate
of Occupancy.
12) That prior to the issuance of a certificate of occupancy:
a) That a separate electric service and meter for the accessory residential unit shall
be installed in accordance with Ashland Electric Department requirements.
PA #2016-01027
276 B StreeVNIMS
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b) That a separate address for the accessory residential units shall be applied for
approved by the City of Ashland Engineering Division. Addressing shall meet the
requirements of the Ashland Fire Department and be visible from the Public
Right-of-Way.
c) That all landscaping in the new landscaped areas shall be installed according to
the approved plan, and tied into the existing irrigation system, prior to the
issuance of a certificate of occupancy.
d) Replacement trees to mitigate the trees removed shall be planted and irrigated
according to the approved plan.
C) That the bicycle parking facilities shall be installed prior to Certificate of
Occupancy.
f) That the screening for the trash and recycling enclosure shall be installed in
accordance with the Site Design and Use Standards prior to the Certificate of
Occupancy.
/aria arris, Planning Manager Date
Department of Community Development
PA #2016-01027
276 B StreeVMMS
Nap 7
AFFIDAVIT OF MAILING
STATE OF OREGON )
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County of Jackson )
The undersigned being first duly sworn states that:
1. I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On August 12, 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 #2016-01027, 276 B Street (Tax Lots 5800
& 5900).
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Signature of Employee
Documen11811112016
PA-2016-01027 391 E09BA 4700 PA-2016-01027 391 E09BA 4800 Nti-2016-01027 391 E09BA 4900
PEYTON CANDICE E/ROBERT L LAVON C WARNER LIVING TRUST ET RUSSELL SCOTT M
1068 OLD HWY 99 AL 327 W 10TH ST
ASHLAND, OR 97520 21145 CARDINAL POND TERR 403 EUGENE, OR 97401
ASHBURN, VA 20147
PA-2016-01027 391 E09BA 5000 PA-2016-01027 391 E09BA 5100 PA-2016-01027 391 E09BA 5200
SHAFFER BONNIE L TRSTEE FBO BEECHAM NORMA M ET AL COOPER LAURENCE ET AL
283 B STREET 269 B ST 259 B ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01027 391 E09BA 5300 PA-2016-01027 391 E09BA 5400 PA-2016-01027 391 E09BA 5500
CHESTER GENE R SCHNITZER LEE ELLIOT AND 3RD ST PROPERTIES LLC
249 B ST PAMELA JE ET AL 64 N THIRD ST
ASHLAND, OR 97520 2560 N VALLEY VIEW RD ASHLAND, OR 97520
ASHLAND, OR 97520
PA-2016-01027 391 E09BA 5600 PA-2016-01027 391 E09BA 5700 PA-2016-01027 391 E09BA 6000
PELTON GUEST HOUSE LLC VAN HEUIT KATHLEEN R LOCKLIN KIMBERLYNN
228 B ST PO BOX 94 521 SCHOFIELD ST
ASHLAND, OR 97520 NAHCOTTA, WA 98637 ASHLAND, OR 97520
PA-2016-01027 391 E09BA 6100 PA-2016-01027 391 E09BA 6200 PA-2016-01027 391 E09BA 9100
FIRST CHRISTIAN CH/ASHLAND HARRELL BRUCE FOUNTAIN STACY ET AL
318 B 338 B ST 349 N CALLE DE LAS PROFETAS
ASHLAND, OR 97520 ASHLAND, OR 97520 GREEN VALLEY, AZ 85614
PA-2016-01027 391 E09BA 9200 PA-2016-01027 391 E09BA 9300 PA-2016-01027 391 E09BA 9400
ASHLAND VILLAGE COTTAGES INC FIRST CHRISTIAN CHURCH FINNEY ERIC/ERIN
18 CROCKER ST 207 VISTA ST 159 N SECOND ST
ASHLAND OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01027 391 E09BA 9500 PA-2016-01027 391 E09BA 9600 PA-2016-01027 391 E09BA 9700
JORDAN CLAUDINE W BROWN WILLARD L TRUSTEE ET AL SCHULTZ & ASSOCIATES INC
153 N SECOND ST 630 LEONARD ST PO BOX 863
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01027 391 E09BA 9800 j PA-2016-01027 391 E09BA 10000 PA-2016-01027 391 E09BA 10105
CORNITIUS LLC ! UNITED STATES POSTAL SERV FIRST PLACE PARTNERS LLC
1355 CORA LN 8055 E TUFTS AVE 400 815 ALDER CREEK DR
AUBURN, CA 95603 DENVER, CO 80237 MEDFORD, OR 97504
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276 B Street
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8/12/2016
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ASHLAND HISTORIC COMMISSION
Planning Application Review
July 6, 2016
PLANNING ACTION: PA-2016-01027:
SUBJECT PROPERTY: 276 B Street
APPLICANT/OWNER: Kimberlynn Locklin
DESCRIPTION: A request for Site Design Review approval for the construction of two
detached Accessory Residential Units less than 500 square feet, one on each of the subject
properties. The project will also involve the removal of trees and the construction of one single-
family dwelling per tax lot as well.
COMPREHENSIVE PLAN DESIGNATION: Low Density Multiple Family Residential;
ZONING: R-2; ASSESSOR'S MAP: 39 1 E 09BA; TAX LOTS: 5800 & 5900.
Recommendation:
The Historic Commission recommends approving the application as submitted subject to the
specific recommendations below:
Include the following revisions in the building permit submittals:
1) Vinyl windows with no simulated divided grids.
2) When windows are molded together there should be 3 inches of frame (each double hung
frame).
3) Belly bands on garage on lot #3 to break up massing.
4) Garage doors will be steel that have vertical orientation (craftsman like) of the frame and
panels in contrast to what is drawn on the original plan.
5) Consistency of windows - Should be proportioned 2 to 1 and proportioned in width. Lot #3
bay window (north elevation) should match the lower story window in width.
6) Lot #2 (north elevation) upstairs should match the lower story window in width.
Suggestions for lot #1:
1) Windows will have trim that have aprons, sills, and head trim that have added details.
Department of Community Development Tel: 541-488-5305
20 East Main St. Fax: 541-552-2050 ( 1
Ashland, Oregon 97520 TTY: 800-735-2900 ` I
www,ashland.or.us I _'f ~-L3 J
2) Belly bands on garage to break up massing.
3) 2 foot 10 wide windows. Minimized egress size.
4) Bucking the windows is suggested on all lots.
Department of Community Development Tel: 541-488-5305
20 East Main St. Fax: 541-552-2050
Ashland, Oregon 97520 TTY; 800-735-2900 1 \ j
www.ashland.or.us
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Planning Department, 51 Winbum Way, Ashland, Oregon 97520
541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 -ASH i 7 W-
APPLICATION
NOTICE OF
PLANNING ACTION: 2016-01027
SUBJECT PROPERTY: 276 B Street (Tax lot 5800 & 5900)
OWNER/APPLICANT: Kimberlynn Locklin
DESCRIPTION: A request for Site Design Review approval for the construction of two detached Accessory Residential Unit's
less than 500 square feet, one on each of the subject properties. The project will also involve the removal of trees and the f
construction of one single-family dwelling per tax lot as well. COMPREHENSIVE PLAN DESIGNATION: Low Density Multiple
Family Residential; ZONING: R-2; ASSESSOR'S MAP: 391 E 09BA; TAX LOT: 5800 & 5900.
NOTE: The Ashland Tree Commission will also review this Planning Action on Thursday, July 7, 2016 at 6:00 PM in the Community
Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way.
NOTE: The Ashland Historic Commission will also review this Planning Action on Wednesday July 6, 2016 at 6:00 PM in the Community
Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way.
NOTICE OF COMPLETE APPLICATION: June 24, 2016
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: July 8, 2016
SUBJECT PROPERTY
276 B Street (Tax Lot 6800 & 5800)
PA-2016-01027
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The Ashland Planning Division Staff has received a complete application for the property noted above.
Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn Way,
Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above.
Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice
is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the comment period
and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice
of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staff's decision must
be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.108.040)
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application,
by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the
Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal
to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity
to allow this Department to respond to the issue precludes an action for damages in circuit court.
A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be
provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services
Building, 51 Winburn Way, Ashland, Oregon 97520.
If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305.
0CX
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.
TREE REMOVAL PERMIT
18.5.7.040.B
1. Hazard Tree. A Hazard Tree Removal 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.
a. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard (i.e., likely to fall and injure persons or
property) or a foreseeable danger of property damage to an existing structure or facility, and such hazard or danger cannot reasonably be alleviated
by treatment, relocation, or pruning. See definition of hazard tree in part 18,6.
b. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to section 18.5.7.050. Such mitigation requirements shall
be a condition of approval of the permit.
2. Tree That is Not a Hazard. A Tree Removal Permit for a tree that is not a hazard 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.
a. The tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance requirements and
standards, including but not limited to applicable Site Development and Design Standards in part 18.4 and Physical and Environmental Constraints
in part 18.10.
b. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or
existing windbreaks.
c. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the
subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no reasonable
alternative exists to allow the property to be used as permitted in the zone.
d. Nothing in this section shall require that the residential density to be reduced below the permitted density allowed by the zone. In making this
determination, the City may consider alternative site plans or placement of structures of alternate landscaping designs that would lessen the impact
on trees, so long as the alternatives continue to comply with the other provisions of this ordinance.
e. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to section 18.5.7.050. Such mitigation
requirements shall be a condition of approval of the permit.
k
F
GAcomm-dev\planning\Planning Actions\Noticing FolderWailed Notices & Signs\2016\PA-2016-01027.docx
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AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Jackson )
The undersigned being first duly sworn states that:
1. I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On June 24, 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 #2016-01027, 276 B Street.
(k~jwl i
Sig at re of Employee
Documentl 6/2412016
PA-2016-01027 391 E09BA 4700 PA-2016-01027 391 E09BA 4800 PH-2016-01027 391 E09BA 4900
PEYTON CANDICE E/ROBERT L LAVON C WARNER LIVING TRUST ET RUSSELL SCOTT M
1068 OLD HWY 99 AL 327 W 10TH ST
ASHLAND, OR 97520 21145 CARDINAL POND TERR 403 EUGENE, OR 97401
ASHBURN, VA 20147
PA-2016-01027 391 E09BA 5000 PA-2016-01027 391 E09BA 5100 PA-2016-01027 391 E09BA 5200
SHAFFER BONNIE L TRSTEE FBO BEECHAM NORMA M ET AL 'COOPER LAURENCE ET AL
283 B STREET 269 B ST 259 B ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01027 391 E09BA 5300 PA-2016-01027 391 E09BA 5400 PA-2016-01027 391 E09BA 5500
CHESTER GENE R SCHNITZER LEE ELLIOT AND 3RD ST PROPERTIES LLC
249 B ST PAMELA JE ET AL 64 N THIRD ST
ASHLAND, OR 97520 2560 N VALLEY VIEW RD ASHLAND, OR 97520
ASHLAND, OR 97520
PA-2016-01027 391 E09BA 5600 PA-2016-01027 391 E09BA 5700 PA-2016-01027 391 E09BA 6000
PELTON GUEST HOUSE LLC VAN HEUIT KATHLEEN R LOCKLIN KIMBERLYNN
228 B ST PO BOX 94 521 SCHOFIELD ST
ASHLAND, OR 97520 NAHCOTTA, WA 98637 ASHLAND, OR 97520
PA-2016-01027 391 E09BA 6100 PA-2016-01027 391 E09BA 6200 PA-2016-01027 391 E09BA 9100
FIRST CHRISTIAN CH/ASHLAND ! HARRELL BRUCE FOUNTAIN STACY ET AL
318 B 338 B ST - 349 N CALLE DE LAS PROFETAS
ASHLAND, OR 97520 ASHLAND, OR 97520 GREEN VALLEY, AZ 85614
PA-2016-01027 391 E098A 9200 PA-2016-01027 391 E09BA 9300 PA-2016-01027 391 E09BA 9400
ASHLAND VILLAGE COTTAGES INC FIRST CHRISTIAN CHURCH FINNEY ERIC/ERIN
18 CROCKER ST j 207 VISTA ST 159 N SECOND ST
ASHLAND OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01027 391 E09 BA 9500 PA-2016-01027 391 E09BA 9600 PA-2016-01027 391 E09BA 9700
JORDAN CLAUDINE W BROWN WILLARD L TRUSTEE ET AL SCHULTZ & ASSOCIATES INC
153 N SECOND ST 630 LEONARD ST '1PO BOX 863
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01027 391 E09BA 9800 PA-2016-01027 391 E09BA 10000 PA-2016-01027 391 E09BA 10105
CORNITIUS LLC UNITED STATES POSTAL SERV FIRST PLACE PARTNERS LLC
1355 CORA LN 8055 E TUFTS AVE 400 815 ALDER CREEK DR
AUBURN, CA 95603 DENVER, CO 80237 MEDFORD, OR 97504
276 B Street
NOC 24
6/24/2016
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276 B Street, Ashland
June 1, 2016
Subject Property
Property Owners: Kim Locklin & Vadim Agakhanov
Address: 276 B Street
Map & Tax Lots: 391E09BA, 5800 (Lot #3)
391E09BA, 5900 (Lot #2)
391E09BA, 6000 (Lot #1)
Zoning: R-2
Lot #1 (6000) Lot #2 (5900) Lot #3 (5800)
Lot Area 6700 SF 5025 SF 5025 SF
Six-Plex (portion of the 1000SF 937.5 SF 812.5 SF
building on each tax lot)
Patio (portion on each 320 SF 552 SF 296 SF
tax lot)
Lot Coverage / % 1320 SF/ 19.7% 1489.5 SF / 29.6% 1108.5 SF / 22%
Proposed Site
Conditions
Lot Area 6700 SF 5025 SF 5025 SF
Residence Footprint / 1305 SF / 2240 SF 1108 SF / 1852 SF 1108 SF / 1852
GHFA SF
Garage / ARU 498 SF (guest house) 495 SF (ARU) 499 SF (ARU)
Open Space Provided / 803 SF (patios, 595.5 (patios, 605.5 SF (patios,
Required porches & guest porches & guest porches & guest
house yard) / 536 SF house yard) / 402 SF house yard) /
402 SF
Impervious Area 1321 SF 1348.5 SF 1437 SF
Proposed Lot Coverage/ 3124 SF / 46.6% 2456.5 SF / 48.8% 2545 SF / 50.6 %
Allowed Coverage 4355 SF 3266.25 SF 3266.25 SF
276 B Street - Site Review
Project Description
This project proposes to have three single-family homes, one on each tax lot. Homes on tax lots Each
home will have a detached garage with a guesthouse above it. Tax lots 5800 and 5900 will have an ARU
above the detached garage. Tax lot 6000 will have a guesthouse above the detached garage.
Property Description
The subject property is on the corner of B and Second Streets. The three tax lots (5800, 5900 and 6000)
are adjacent on the south side of B Street. The back of each parcel abuts an alley between First and
Second Streets. The property has a gentle slope from the alley down to B Street. There are a number of
mature pine and fir trees on the property.
Legal Lot Determination
18.1.3.020 Criteria.A lot of record is a plot of land that meets one or more of the following criteria,
pursuant to ORS 92.010 to 92.190:
A. The plot of land was lawfully created through a subdivision or partition plat in Jackson County
prior to annexation to the City.
B. The plot of land was created through a deed or land sales contract recorded with Jackson County
prior to August 18, 1964 before the City adopted planning, zoning, subdivision or partition
regulations (Ordinance 1361).
C. The plot of land was created through a deed or land sales contract recorded with Jackson County
prior to January 1, 2007 and the subject plot of land would have complied with the applicable
planning, zoning, subdivision, or partition regulations in effect at the time it was created.
All three parcels were created during the Railroad Annexation by the City of Ashland. Please see the
attached warranty Deeds dated February and April 1949 documenting the land sales contract.
In addition, please see two historic photos showing the existence of three separate homes prior to the
construction of the existing multiplex.
Multi-Family Rental Conversion to For Purchase Housing
Applicants agree with the City of Ashland Planning Division decision on the Pre-application comments
dated July 15, 2015.
"In this instance, staff would concur that because the proposal involves the conversion to for purchase housing
through demolition an reconstruction meeting all standards and involves only two units per lot, 100 percent of
the units could be provided as market rate ownership per 18.2.3.200.C.1.
276 B Street - Site Review
ti
Demolition
A demolition permit has been approved by the City of Ashland Building Official Jeremy Payne.
Accessory Residential Units (ARUs)
ARUs are permitted within the R-2 zoning district subject to the Site Design Review and demonstration
that the proposal complies with Special Use Standards found in AMC 18.2.3.040 C & A.
The proposed two ARUs comply with AMC 18.2.3.040 as follows:
A. R-1 Zone. Accessory residential units in the R-1 zone shall meet the following requirements.
1. One accessory residential unit is allowed per lot, and the maximum number of dwelling units shall
not exceed two per lot.
Tax lot 6000 will have a single family home and a detached garage with a studio above it.
Tax lots 5900 and 5800 will each have a single-family home with a detached garage with an ARU above it. The
maximum number of dwelling units does not exceed two per lot.
3. The maximum gross habitable floor area (GHFA) of the accessory residential unit shall not exceed
50 percent of the GHFA of the primary residence on the lot, and shall not exceed 1,000 square feet
GHFA.
The proposed ARUs do not exceed 50 percent of the GHFA of the primary residences on the associated tax lot.
Each ARU is less than 500 SF. Please see plans for further details.
4. The proposal shall conform to the overall maximum lot coverage and setback requirements of the
underlying zone.
The proposed buildings comply with maximum lot coverage and setbacks. Please see page one of this document
for a chart showing the proposed lot coverages. Each home is set back 20 from the B Street and therefore
complies with the front yard setback requirements in this zone. The home on tax lot 6000 (corner of Second and
B Street) is set back 15.5 feet from Second Street. The porch is set back 11 feet from Second Street. The
setbacks on Second Street are also in compliance with AMC.
5. Additional parking shall be provided in conformance with the off-street parking provisions for
single-family dwellings in section 18.4.3.040, except that parking spaces, turn-arounds, and
driveways are exempt from the paving requirements in subsection 18.4.3.080. E.1.
276 B Street - Site Review
t
Each home will have a two-car garage and a driveway that can park two additional cars for a total of 4
off street parking spaces per tax lot. The number of parking spaces per tax lot exceeds the required 3
spaces (2 for the single family house and 1 for the studio/ARUs), per AMC 18.4.3.040. In addition, tax
lot 5800 has an easement on the adjoining property for a 1-car parking area.
C. R-2 and R-3 Zones. Accessory residential units in the R-2 and R-3 zones shall meet the standards in
subsection 18.2.3.040.A, except that the maximum gross habitable floor area (GHFA) of the
accessory residential structure shall not exceed 50 percent of the GHFA of the primary residence on
the lot, and shall not exceed 500 square feet GHFA.
The ARUs are 495 SF and 499SF. The proposed units comply with this section of the code.
Site Design & Use Standards AMC 18 4 030
C1. Building Orientation to Street. Dwelling units shall have their primary orientation toward a street.
All three homes have front doors orientated towards B Street. The ARUs will have paths to B Street as
well as access from the alley. Tax lot 6000 (on the corner of Second and B Street) will have windows
and a side porch/door on Second Street. This is in compliance with the historical design standards.
D1.Alleys and Shared Drives. Where a lot abuts a rear or side alley, or a shared driveway, including flag
drives, the garage or carport opening(s) for that dwelling shall orient to the alley or shared drive, as
applicable, and not a street.
All three garages will be accessed via the alley between B Street and Lithia Way.
E. Building Materials. Building materials and paint colors should be compatible with the surrounding
area.
All building materials will be compatible with the historic district design standards. Homes will have
hardiplank siding and be painted in neutral colors. Each home will feature different designs/colors to
be visually appealing.
Landscaping & Open Space.
Please see the attached landscape plan by Covey Pardee for full details. Each lot exceeds the minimum
required open space (see chart on page one). The front, rear and side yards will be fully landscaped
with drip irrigation. The existing hedge along B Street will be removed to create proper front-door
orientation and pathways towards the street.
Trees.
Six new trees will be planted along the B Street area. Five trees will be planted along the Second Street
area. These trees comply with the street tree requirements. Per the request of City Engineering (Karl
276 B Street - Site Review
Johnson), a bioswale will be created along Second Street. Two additional trees will be planted along
the alleyway. One tree will be planted in the back yard of tax lot 6000. Two fir trees will have to be
removed to allow for the building envelopes. The plum tree along Second Street will be removed since
it is right on the sidewalk and is lifting the sidewalk.
The 12-inch pine on the corner of the alley way and Second Street will be closely monitored during
construction. The roots are growing underneath the foundation of the existing building that needs to
be demolished. I
All other mature trees (12 total) will be fenced and protected during the construction phase.
Parking.
Each home has a two-car garage as well as a driveway that can park two additional cars. Access is via
the alleyway. There is more than 22 feet of back up in the alleyway. Each driveway will have
landscaping sections of at least 8 feet between them to create visually appealing separation the
garages.
Additional Elements.
Please see the attached plans showing the location of trash, recycling and bike parking.
All exterior lighting will be pointed down so not to reflect into neighboring properties.
Solar Access.
All three proposed homes comply with Ashland's Solar Access. No one of the proposed homes will cast
a shadow greater than a six-foot tall fence on the neighboring property (tax lot 5700).
Solar Set Back / Slope flat to "B" Street
1897 -1891 = 6/150 = 0.04
1896 -1891 = 5/150 = 0.03
0.04 + 0.03 = 0.07/2 = 0.035
Roof Pitch 4 in 12
Height of Eave = 18.6 ft
North shade falls right on property line.
Drainage Plan.
Per the request with Karl Johnson, Ashland City Engineering, in exchange the houses storm drain be
daylighted to B Street, we are creating a bioswale along Second Street. This bioswale will run form the
276 B Street - Site Review
alleyway to the corner of B Street. The purpose of this bioswale is to reduce the amount of run off that
enters into the storm drain.
Attachments:
A) Warranty Deeds from 1949 documenting land sale
B) Two historic photos of the original three homes on the property
C) Tree Protection & Removal Plan
D) Landscape Plan (includes drainage plan with the bioswale)
E) Site Elevations
F) Floor Plans (3 houses + 3 garages)
G) Vicinity Map
H) Easement on adjoining property
276 B Street - Site Review
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I Consideration- Less than $i00.00
WARRANTY E)ERD) Vol-" Pam
ImN_ EgMH; That NELLIE J. BEESON, widow of I. l
THIS ?Nl~E N`_rURE STJ,.:.
fi
'rlelborn Be2^•on; 1)cccased.
i for and in consideration of the su•,, of TEN DOLLARS, and other good and sutfictettt cou• -
4 sidetation ha s bargained and sold, and by this instrument do es hereby grant, bar- 1
j' gain, sell, convey and confirm' unto
CLYDE E. BEESON and HARRIETT R. BEESON,
husband,and wife, or the aurvivor,-as an estate. by the entirety and.not as enagle ur com- i
miihity property, their heirs and assigns, the real property situated in tiie County of Jachseu,
State of Oregon, particularly described as. follows; to-wit. The westerly one-half
t o Lot 4 and n11 of Lot 5 in Block "Kill oP the Railroad Addition to,
the ^i'ty of Aehland, Jacr.sori'"County.,, Oregon, aocording'to'the official
cord.
p1 at thereof,-, nova of re
is
1
TO I4AVE AND TO HOLD, the above described premises unto, the said grantees, their
1. heirs and assigns, forever.
i, The' grantor herein does. covenant with said grantees, their heirs and assigns
that a he is 'the' aWner in fee simple cif the above described premises and1ethat
aa,ne'are fre.P from all eneumbames except is stated and that site will and - i
hcir° , ecntUri3 Urd; Ud.nhiis :ate,,-z, sha: -warrant ' and ...:fend the title to said pr,-M ae j
' against the lawful claims and demands of all persons whomsoever, l _
this -`-I" a❑y tf r bruary I9 49
. ~I WITNP+SS my hand and seal -
1
_ ...SEAL i '
STATE OF OREGON
a L s. 1
COUNTY OP JACKSON ~s
day of February A.D. 16 19
BE rT REMEMBERED, That on this 7 -e
bq. e ale the, undersigned, a notary public r and or said C,ow,ty and State li rsonally
^~,app2f;bii.'the within named. Nellie J -Beeoon
a✓h rPn know n to lie to l ?hp , dent,cat in~iiv_dua! described in and who
ijex4{itd 1ln-within mshument and acknowledged-to me that she executed
• bhe tl n?fi li eery and voluntarily.
LN t 8!1MONY WHEREOF, I have hereunto set my hand and seal the day and year last
q,
it ~T hboy~ Mitten
~I lylyacfoininission espirea:
Notary Public for Oregoi
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2e t.~5 WARRANTY DEED Vol.:31f Page
THIS INDENTURP WITWISSETH: That
NELLIE J. =:EESON, ciidor: of :falbcrn Beeson,
i
j for and in consideration of the sum of Tell Dollars, and other good and sufficient eonsidera-
i 'ion, ha a bargained and sold, and by this instrument do as
hereby grant, bargain, sell,
convey and confirm unto CLYDE E. BEESOq and HARRIET R. BPF.SOIQ, husband and
to fe, or the survivor, as an estate by the entirety and not as
tenants in community property, their heirs
and assigns, the real property situated in the
County of Jack ion
State of Oregon, particularly described as fol
lows ~to-wit: • All of Lot 3 Mutt the e:?sterly one-half of Lot 4 in Block -
a of the Railroad Addition to the City of Ashland, Jackson Connty,
Oregon, n,oeovdirr, to the official plat thereof, nova of r'ecOrei.
SUBJECT TO Public Improvoraent Liens, if any, of the City of Ashland,
Oregon.
SUBJECT TO all unpaid taxes.
RESERVING to the grantor herein a life estate in and to the above
described real property.
!
TO HAVE AND TO HOLD, the above described premises unto the said grantee s
i tl-.eir heirs and assigns, forever.
The grantor herein do es covenant with said grantee s, their heirs
and assigns that e he is the ownoya in fee simple of the above de-
scribed premises, and that same are free from all encumbrances except as stated and
that she will and her heirs, executors and administrators, shall warrant and
defend the title to'said premises againat the lawful claims and demands of all persons whom-
soever.
WITNl SS sty hand and seal this 19th day of j
p 19 4
I
...........(SEAL) .--........-l' 1 :'.X .1C:._ -----(SEAL)
- - - (SEAL) . (SEAL)
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ii
EXHIBIT "A"
LEGAL DESCRIPTION
LARKING AND REFUSE ENCLOSURE EASEMENT
ASSESSOR'S MAP NO. 39 IE 09 BA, Tax Lot 5700
A private Parking and Refuse Enclosure Easement, over and across a portion of Lot 6,
Block "N" of the Railroad Addition to the City of Ashland, according to the official plat
now of record in Jackson County, Oregon, for the benefit of that tract of land described as
Parcel 1 within Instrument No. 77-27047 of the Official Records of said County, more
particularly described and bounded as follows, to wit;
Beginning at a concrete nail and brass washer at the southeast corner of Lot 6, Block "N"
of the Railroad Addition to the City of Ashland, lying situate within the Northwest
Quarter of Section 9 in Township 39 South, Range 1 East of the Willamette Meridian in
Jackson County, Oregon; thence North 15°48'26" East, along the easterly line of said
described Lot 6, a distance of 35.00 feet; thence North 72°32'57" West, leaving said
easterly line, a distance of 16.50 feet; thence South 15°48'26" West, 35.00 feet to the
southerly line of said Lot 6; thence South 72°32'57" East, 16.50 feet to the POINT OF
BEGINNING.
Prepared by:? C[ S T E E2 E C
F C) F- E, S I 01,' AL
Shawn Kampmann R.1
Professional Land Surveyor
6
Polaris Land Surveying LLC o
P.O. Box 4S9 9ULY 14, n8
Stl~1Va I'd ~tF~u~l~'~`r1A►~N
Ashland, Oregon 97520 Q~ u~LS
(541) 482-5009
Renewal Date: 6/30/11
Date: August 31, 2010
S:lsurvcys\607-10\Proebstel-Joseph Parking-Refuse Easement Legal.doc
P. 0. box 459, Ashland, Oregon 97520 Phone: (541) 482-5009 Fax: (541) 488.0797
Mobile: (541) 601 -3000 t-,,.polarisyrirye•y, cam
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Streets
Date: 6/17/2015 Building
Contour
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1:900
1 inch = 75 feet 2 ft interval
• 1 Q ft interval
Mapping is schematic only and bears no warranty of accuracy. Public Utility Easement All features, structures, facilities, easement or roadway locations
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CITY OF
1 ~
Planning Department
51 Winburn Way
Ashland, OR 97520
541-488-5305
Ashland Historic Commission
Design Review Form 1
f
I
f
Applicant Date
Address Y
Proposed Action m
O Commercial Residential
O New Construction IT Changes to Existing Structure
Historic Review Board Comments:
In the spirit of protecting the historic design and compatibility of your project, if you wish to amend your
building plan in order to apply any recommendations of the Historic Review Board, we encourage you to
prepare an addendum and resubmit it to the Building Department.
Applicant Signaturelistoric Review Board Signature
w-,
G:Icomm-devlplanninglCommissions & CommitteesWistoric CommissionNisc Admin-FORMSMesign Review Form.doc
12/13/2007
ZONING IT APPLICAIION
Planning Division
° v OF 51 Winhurn Way, Ashland OR 97520 FILE
541-488-5305 Fax 541-488-6006
SHLANr
DESCRIPTION OF PROJECT
DESCRIPTION OF PROPERTY Pursuing LEED® Certification? El YES 1
Street Address
Assessor's Map No. 39 1 E g Tax Lot(s)
Zoning Comp Plan Designation
d
APPLICANT
Name Phone E-Mail _ r
Address _ City Zip
PROPERTY OWNER
Name Phone -E-Mail
Address City Zip
SURVEYOR ENGINEER ARCHITECT, LANDSCAPE ARCHITECT, OTHER F
Title Name Phone u_ E-Mail
Address City Zip
Title Name Phone E-Mail
Address City Zip
I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects,
true and correct. I understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their
location found to be incorrect, the owner assumes full responsibility. I further understand that if this request is subsequently contested, the burden will be on me to
establish:
1) that I produced sufficient factual evidence at the hearing to support this request;
2) that the findings of fact furnished justifies the granting of the request;
3) that the findings of fact furnished by me are adequate; and further
4) that all structures or improvements are properly located on the ground.
Failure in tliis regard will result most likely igXot only the request being set aside, but also possibly in my structures being built in reliance thereon being required to
be removed at niy expense. If iave,any doCibts, l am advised to seek competent professional advice and assistance.
Applicant's Signature Date
As owner of the property involved in this; request, l have read and understood the complete application and its consequences to me as a property
owner.
P perty Owner's Signature (required) Date
[To be completed by City Staff
Date Received Zoning Permit Type Filing Fee $ e9o
OVER O/
GAcomm-dev\planningToms Handouts\Zoning Permit Application.doc