HomeMy WebLinkAboutOregon_1330_PA-2016-01257
I- Y OF
August 15, 2016
Notice of Final Decision
On August 15, 2016, the Community Development Director approved the request for the following:
Planning Action: PA-2016-01257
Subject Property: 1330 Oregon Street
Applicant/Owner: Peter Cipes/Donald Cowan
Description: A request for a Site Design Review to allow for the conversion of a portion
of an existing residence to an Accessory Residential Unit (ARU) on the subject property. The
proposed Accessory Residential Unit will not require any exterior modifications to the existing
building footprint. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential;
ZONING: R-1-7.5; ASSESSOR'S MAP: 39 1E 15BB; TAX LOT: 9600.
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.
If you have any questions regarding this decision, please contact Mark Schexnayder in the Community
Development Department at (541) 488-5305.
E>
I
cc: Parties of record and property owners within 200 ft
i
I
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900 l =
i
i
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. 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 of Notice 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 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.
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050 i
Ashland, Oregon 97520 TTY: 800-735-2900
i
I
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: PA-2016-01257
SUBJECT PROPERTY. 1330 Oregon Street
APPLICANT: Peter Cipes
OBVNER: Donald Cowan
DESCRIPTION: A request for a Site Design Review to allow for the conversion of a
portion of an existing residence to an Accessory Residential Unit (ARU) on the subject properly.
The proposed Accessory Residential Unit will not require any exterior modifications to the
existing building footprint.
COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-7.5;
ASSESSOR'S MAP: 39 lE 15 BB; TAX LOT: 9600.
SUBMITTAL DATE: July 1, 2016
DEEMED COMPLETE DATE: July 22, 2016
STAFF APPROVAL DATE: August 15, 2016
FINAL DECISION DATE: August 29, 2016
APPROVAL EXPIRATION DATE: February 29, 2018
DECISION
The application involves a request for Site Design Review approval to convert a portion of an
existing single-family dwelling into an Accessory Residential Unit (ARU). The proposal is to
convert approximately 768 square feet of the lower level into an accessory unit. No exterior
modifications to the building footprint are proposed and no trees are being removed on the
subject property.
The subject parcel is located on the south side of Oregon Street, at the intersection with Palmer
Road. The property is rectangular, with an area of approximately 12,308 square feet. The parcel
and all adjoining lots are zoned R-1-7.5, Single-Family Residential. Oregon Street is identified as
a Neighborhood Street and is improved with paving, curb and gutters in place. Palmer Road is
improved with paving and curbs.
According to Jackson County tax records, the subject property, tax lot 9600, currently has a
3,713 square foot single-family home constructed about 1964. The applicant is seeking approval
of an Accessory Residential Unit (ARU) in compliance with the Ashland Municipal Code
(AMC). According to the application materials, there will not be more than two dwelling units
on this property per AMC 18.2.3.040.A.1.
Site Design Review Approval, Criteria
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 Design Review approval. The following text addresses the applicant's proposal and the
applicable criteria.
PA #2016-01257
1330 Oregon StreeVMMS
Paua 1
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: j
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 dwelling unit conforms to the underlying zone's density and floor area requirements,
maximum building height, lot coverage, area and dimensions, setbacks, building orientation, and
architecture. 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 1,000 square feet. In this case, the ARU will contain 768 square foot of heated j
space, all on the lower level of the existing dwelling. The existing single-family dwelling
including the proposed ARU has a right side yard setback of 20 feet, a left side yard setback of C
11 feet, a rear yard setback of 10 feet, and a front yard setback of 26 feet 2 inches. All setbacks
for the structure conform to current code requirements. The application materials state the
property is covered with approximately 35 percent impervious surfaces (4,300 square feet),
which is consistent with city GIS data. Thus, the proposed ARU 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 is complies with all standards for applicable overlay
zone requirements.
The third approval criterion is that, "The proposal complies with the applicable Site
Development and Design Standards of part 18.4, except as provided by subsection E. " The
application notes the existing structure will have no exterior modifications. In addition, the
applicant notes that approximately 65 percent of the lot is landscaped with trees, ground cover,
flowers, and shrubs. Outdoor recreation space will be provided as 935 square feet of deck and 72
square feet of patio for a total of 1,007 square feet (eight percent). The application materials
include a landscaping and irrigation plan including a tree preservation plan that will include new
irrigation. Trash and recycling facilities will be provided and stored in a new screened enclosure
adjacent to the driveway. Bicycle parking will be provided in the garage storage area. Two off-
street vehicle parking spaces are required for the existing residence, and two additional spaces is
are required for the proposed ARU. The application notes that there are two existing off-street
vehicle parking spaces located in the garage and approximately 144 feet of street frontage is
available for parking, which would allow for two on-street vehicle parking credits to satisfy the
parking requirements.
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. " The application materials indicate the
proposed ARU will continue to be connected to the services for the existing structure, though a
separate electrical meter will be installed for the new unit and-will require-with it a new-address.
The applicants have contacted the Water and Sewer Department and they have indicated no need
for additional improvements to accommodate the proposed unit. The site -is-served by existing
paved city streets, and existing paved driveway, neither of -which will be impacted by the
proposal.
PA #2016-01257
1330 Oregon StreeVMMS
Page 2
CONCLUSION
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-1-
7.5 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:
i
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. I
E
2. Accessory residential units are not subject to the density or minimum lot area 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. E
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 (pail 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 154.6- 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
PA #2016-01257
1330 Oregon StreebMMS
Page 3
t
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.
In staff's assessment, with conditions, the application complies with applicable ordinances and
meets all required criteria for approval of the conversion of the existing garage to an Accessory
Residential Unit.
Planning Action #2016-01257 is approved with the following conditions. Further, if any one or
f
more of the following conditions are found to be invalid for any reason whatsoever, then
Planning Action #2016-01257 is denied. The following are the conditions and they are attached
to the approval:
1) That all proposals of the applicant shall be conditions of approval unless otherwise
specifically modified herein.
2) That the 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 Design Review approval shall be submitted and approved prior to
issuance of a building permit.
3) That prior to the issuance of an address for the accessory residential unit all systems
development changes (SDC's) for water, sewer, storm water, parks, and transportation be
paid and a special inspection completed.
4) 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.
b)- That a separate address- -for the -accessory residential unit 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.
f
PA #2016-01257
1330 Oregon. StreeVMMS
Page 4
C) 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.
AM 4Harris, Plans 'ng Manager Date
Department of Community Development
PA #2016-01257
1330 Oregon StreetJMMS
Page 5
t
AFFIDAVIT OF MAILING
I
STATE OF OREGON )
County of Jackson ) E
The undersigned being first duly sworn states that:
1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland,
I
Oregon 97520, in the Community Development Department.
2. On August 15, 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
I
under each person's name for Planning Action #PA-2016-01257, 1330 Oregon Street.
Signature of Employee
Documend 8/15/2016
PA-2016-01257 391 E15BB 9700 PA-2016-01257 391 E15BA 7900 PA-2016-01257 391 E15BD 9400
ALEXANDER DAVID MARK BAUGHMAN PETE/SUSAN BLACK MARJORIE LOVERING
TRUSTEE ET AL 705 INDIANA ST TRUSTEE ET AL
1347 PROSPECT ST ASHLAND, OR 97520 744 PALMER RD
ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01257 391 E1513C 200 PA-2016-01257 391 E15BB 9600 PA-2016-01257 391 E15BB 8700
BULLOCK JOHN ALLISON COWAN DONALD G COWAN DOUGLAS S
TRUSTEE ET AL 4707 HASTINGS PL 263 SPYGLASS DR c`
777 PALMER RD LAKE OSWEGO, OR 97035 EUGENE, OR 97401
ASHLAND, OR 97520
PA-2016-01257 391 E15BA 8000 PA-2016-01257 391 E15BA 8200 PA-2016-01257 391 E158C 803
EPSTEIN MANUEL S TRUSTEE GANT FREDMEANNE L LEGRAND GRAVES ROBERT L TRUSTEE
701 INDIANA ST 715 SUNRISE ST S 1336 PROSPECT ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01257 391 E 15BA 8400 PA-2016-01257 391 E15BC 100 i PA-2016-01257
HOLMES BARBARA M JOHNSON-SCHLESS KRISTA L !KERRY KENCAIRN LANDSCAPE
2671 HAWAIIAN AVE 1348 PROSPECT ST 545 A STREET STE 3
MEDFORD, OR 97504 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01257 391 E15BB 8800 PA-2016-01257 391 E15BB 9401 PA-2016-01257 391 E15BB 9400
KOZIOL JULIE A KREISMAN PETER JON TRUSTEE KRIESMAN JAMES B/MARION D
1308 CORNELL 672 MONROE ST ' SEELEY
LAKE OSWEGO, OR 97034 ASHLAND, OR 97520 1144 IOWA AVE W
(SAINT PAUL, MN 55108
PA-2016-01257 391 E15BB 8900 PA-2016-01257 391 E15BB 9500 PA-2016-01257 391 E15BB 8400
LEPLEY SACHA LEWIS MARTHA S TRUSTEE MC BAINE ROBERT V/MARSHA J
LYNDA/WILDGUST JOHN DAVID 16693 WAGON TRAIL 1300 OREGON ST
935 HUNTER LN BEND, OR 97707 ! :ASHLAND, OR 97520
SANTA ROSA, CA 95404
PA-2016-01257 391E15BA 7800 PA-2016-01257 391E15BB 8500 PA-2016-01257 391E15BA 1100
MILLER ROBERT M TRUSTEE NELSEN TERRY A TRUSTEE OREGON STATE OF
765 REITEN DRIVE 1325 PROSPECT ST UNIVERSITY OF OREGON
ASHLAND, OR 97520 ASHLAND, OR 97520 !EUGENE, OR 97401
!
PA-2016-01257 PA-2016-01257 391 E15BB 8300 ;PA-2016-01257 391 E15BA 8100
PETER SIPES SATLER SERGIO O SMITH DOMINIC C TRUSTEE
317 N. MAIN 684 LEONARD 'PO BOX 3270
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01257 391 E15BA 1201 PA-2016-01257 391 E15BA 8300 IPA-2016-01257 391 E15BB 8600
STATE OF OREGON TAKEDA HIRAKAZU/ELIZABETH WRIGHT JEFFREY C
1250 SISKIYOU BLVD 730 PALMER RD 9208 45TH ST NE
ASHLAND, OR 97520 ASHLAND, OR 97520 (SEATTLE, WA 98115
I
1330 Oregon
18/15/2016 NOD
27
CITY OF
Planning Department, 51 Winburn Way, Ashland, Oregon 97520
ASHLAND
541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1 800 735 2900
NOTICE OF APPLICATION
PLANNING ACTION: PA-2016-01257
SUBJECT PROPERTY: 1330 Oregon Street
OWNER/APPLICANT: Donald Cowan/Peter Cipes
DESCRIPTION: A request for a Site Design Review to allow for the conversion of a pottion of an
existing residence to an Accessory Residential Unit (ARU) on the subject property. The proposed
Accessory Residential Unit will not require any exterior modifications to the existing building footprint.
COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-7.5;
ASSESSOR'S MAP: 39 lE 15BB; TAX LOT: 9600.
NOTICE OF COMPLETE APPLICATION: July 22, 2016
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: August 5, 2016
cn _
w
p
- - [SUBJECT PROPERTY
OREGON ST 1330 Oregon Street
- 716-0 5_
PA7
- -
vY
I
I
I
w
Q - w - -
p z
LLJ 0_J ~r
cn -
- -
PROSPECT ST
It
1:600
1 inch = 50 feet v E uappo,a l: a<ne nMl<enlr a a nea. no stn
A..ldt lr of n nrn r.
VVV ~ec,tvuctufm,fac11111mseroiT.Iecaaons
r.--r-r^`c<' tl S eould tra lndependendy fkldr ,ifkd f,j z"ol exklanceand/orlaotion.
The Ashland Planning Division Staff has received a complete application for the property noted above.
Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn Way,
Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above.
Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice
is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the comment period
and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice
of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staffs decision must
be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.108.040)
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this
application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of
appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your
right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with
sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court.
A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be
provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services
Building, 51 Winburn Way, Ashland, Oregon 97520.
If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305. aoc
SITE DESIGN AND USE STANDARDS
18.5.2.050
The following criteria shall be used to approve or deny an application:
A. Underlying Zone: The proposal complies with all of the applicable provisions of the underlying zone (part 18.2), including but not limited to: building and
yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable
standards.
B. Overlay Zones: The proposal complies with applicable overlay zone requirements (part 18.3).
C. Site Development and Design Standards: The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as
provided by subsection E, below.
D. City Facilities: The proposal complies with the applicable standards in section 18.4.6 Public Facilities and that adequate capacity of City facilities for
water, sewer, electricity, urban storm drainage, paved access to and throughout the property and adequate transportation can and will be provided to the
subject property.
E. Exception to the Site Development and Design Standards. The approval authority may approve exceptions to the Site Development and Design
Standards of part 18.4 if the circumstances in either subsection 1 or 2, below, are found to exist.
1. There is a demonstrable difficulty meeting the specific requirements of the Site Development and Design Standards due to a unique or unusual
aspect of an existing structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent
properties; and approval of the exception is consistent with the stated purpose of the Site Development and Design; and the exception requested is
the minimum which would alleviate the difficulty.; or
2. There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better
achieves the stated purpose of the Site Development and Design Standards.
CiAcomm-dev\planning\Planning Actions\Noticing FolderWailed Notices & Signs\2016\PA-2016-01257.docs
t
i
AFFIDAVIT OF MAILING
i
STATE OF OREGON ) f
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 July 22, 2016 1 caused to be mailed, by regular mail, in a sealed
envelope with postage fully prepaid, a copy of the attached planning action notice to
each person listed on the attached mailing list at such addresses as set forth on this list
under each person's name for Planning Action #PA-2016-01257, 1330 Oregon Street.
(((Nlrj ~qo
Sign re of Employee
G:Icomm-devlplanninglTemplateslTEMPLATE--Affidavit of Mailing-Planning Action Nof ce.dot 7/22/2016
PA-2016-01257 391 El5BB 9700 HA-2016-01257 391 E15BA 7900 rA-2016-01257 391 E15BD 9400
ALEXANDER DAVID MARK BAUGHMAN PETE/SUSAN BLACK MARJORIE LOVERING
TRUSTEE ET AL 705 INDIANA ST TRUSTEE ET AL
1347 PROSPECT ST ASHLAND, OR 97520 744 PALMER RD
ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01257 391 E1513C 200 PA-2016-01257 391 E15BB 9600 PA-2016-01257 391 E15BB 8700
BULLOCK JOHN ALLISON COWAN DONALD G COWAN DOUGLAS S
TRUSTEE ET AL 4707 HASTINGS PL 263 SPYGLASS DR
777 PALMER RD LAKE OSWEGO, OR 97035 . EUGENE, OR 97401
ASHLAND, OR 97520
PA-2016-01257 391 E15BA 8000 PA-2016-01257 391 E15BA 8200 PA-2016-01257 391 E1513C 803
EPSTEIN MANUEL S TRUSTEE GANT FREDMEANNE L LEGRAND GRAVES ROBERT L TRUSTEE
701 INDIANA ST 715 SUNRISE STS 1336 PROSPECT ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01257 391 E15BA 8400 PA-2016-01257 391 E15BC 100 PA-2016-01257
HOLMES BARBARA M JOHNSON-SCHLESS KRISTA L KERRY KENCAIRN LANDSCAPE
2671 HAWAIIAN AVE 1348 PROSPECT ST 545 A STREET STE 3
MEDFORD, OR 97504 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01257 391 E15BB 8800 PA-2016-01257 391 E15BB 9401 PA-2016-01257 391 E15BB 9400
KOZIOL JULIE A KREISMAN PETER JON TRUSTEE KRIESMAN JAMES B/MARION D
1308 CORNELL 672 MONROE ST SEELEY
LAKE OSWEGO, OR 97034 ASHLAND, OR 97520 1144 IOWA AVE W
SAINT PAUL, MN 55108
PA-2016-01257 391 E15BB 8900 PA-2016-01257 391 E15BB 9500 PA-2016-01257 391 E15BB 8400
LEPLEY SACHA LEWIS MARTHA S TRUSTEE MC BAINE ROBERT V/MARSHA J
LYNDAM/ILDGUST JOHN DAVID 16693 WAGON TRAIL 1300 OREGON ST
935 HUNTER LN BEND, OR 97707 ASHLAND, OR 97520
SANTA ROSA, CA 95404
PA-2016-01257 391 E15BA 7800 PA-2016-01257 391 E15BB 8500 PA-2016-01257 391 E15BA 1100
MILLER ROBERT M TRUSTEE NELSEN TERRY A TRUSTEE OREGON STATE OF
765 REITEN DRIVE 1325 PROSPECT ST UNIVERSITY OF OREGON
ASHLAND, OR 97520 ASHLAND, OR 97520 EUGENE, OR 97401
I
PA-2016-01257 PA-2016-01257 391 E15BB 8300 PA-2016-01257 391 E15BA 8100
PETER SIPES SATLER SERGIO O ':SMITH DOMINIC C TRUSTEE
317 N. MAIN 684 LEONARD PO BOX 3270
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01257 391 E15BA 1201 PA-2016-01257 391 E15BA 8300 PA-2016-01257 391 E15BB 8600
STATE OF OREGON TAKEDA HIRAKAZU/ELIZABETH WRIGHT JEFFREY C
1250 SISKIYOU BLVD 730 PALMER RD 9208 45TH ST NE
ASHLAND, OR 97520 ASHLAND, OR 97520 SEATTLE, WA 98115
1330 Oregon
7/22/2016 NOC
27
I
11 lion ~
HAD luil Ha 1. ~
4
1r. , l 1r
_1 iliil fJ X1:1^17 ti 14U D
E g s
~
TOR,
P "l~ ~l iii Pi f i) '
t) !
} ~ i! i 11~i'~h
'lTil'i D i ~
'MOD
11 ~l 1 i' I~I
TO ilD
URAG
i too ' f U2411, JA U
~l1i111`
i
d0dw
alt^li =C1 2NIA, 9w 12THI 12411
c
out
whIHi1
ea
1101
ND ~onn,
tic Opp! q
COT t i fi !i 1111
n
q,,4 f~+
MO
4 b s d R
F I
anon i F
F i 004
i nos new gel
i 1043
.,1 ! i 440 me,
SRI
i,
'1. i1 it ~ Eg , `s
6
a~~1 tt'
Sun
ma
Jens Y Uitil! k 1
WRITTEN NARRATIVE & FINDINGS OF FACT FOR ACCESSORY DWELLING UNIT
1330 OREGON STREET, ASHLAND, OR.
This narrative and findings of fact are intended to satisfy the applicant's burden of proof for the
approval of an accessory dwelling unit (ADU) to be located in a portion of an existing two story
(partial split level) residence. The residence is located on a 12,308 square foot parcel in the
R-1.75 zone; APN 39 1 E 15 BB tax lot number 9600; commonly known as 1330 Oregon St. All
adjoining lots are also zoned R-1.75 and across the street, to the northeast is zoned SO.
The site is a sloping corner lot in a fully developed, older neighborhood. The site contains many
large conifer and deciduous trees which are fully established. Tree species on the site are
identified on the Existing Conditions Plan, Sheet L 1.0 The site is mostly covered with fully
established and drought tolerant ground cover. Species of ground cover include: Hedera Helix -
English Ivy; Perriwinkle - Vinca Major; and Hypericum - Saint Johns Wort The site also
includes various drought tolerant shrubs that are scattered randomly throughout the front
ground cover beds. The site has had a history of sporadic irrigation, mainly from the use of a
TID connection on the South East corner of the property. The connection is non-pressurized
hose bib, and the irrigation has been done with hoses and portable sprinklers. The owners
have used the wilting of the ground covers as a signal that it was time to put water on the
ground to promote the health of the trees, reportedly at once every two weeks in the summer,
and at a rate of approximately 1.5 inches of water throughout the site. The applicant hereby
proposes to install a new automated irrigation system connected to the existing city water meter,
with low volume spray heads on the sides and front of the house, and drip on the back. The use
of the two forms of water delivery is due to the difficulty of getting water to the trees up above
while staying out of their root zones. The landscape concept is to maintain the current watering
practice of overspraying the ground covers and other shrubs to support the growth of the trees.
The applicant would like to maintain the trees and landscape as is. The applicant will remove all
Ivy from the trees and other shrubs. Areas shown as having no vegetation are proposed to be
mulched with three to four inches of wood chips and/or bark. The area above (behind the
home) will not get spray irrigation, so it is assumed that the ground cover in this portion of the
site will die back, and this area is proposed to get the same 3 to 4 inches of bark and/or wood
chips.
The total size of the lot is 12,308 square feet, 4,300 square feet of which is covered by the
existing building, existing paved driveway and existing walks and steps. The total lot coverage is
35%, well below the maximum allowable coverage of 45%.
This proposal meets the basic criteria for accessory dwelling units as established in AMC
18.2.3.040.A, which states that in the R-1 Zone:
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
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
Page 1 of 5
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 except that parking spaces, turn-
arounds, and driveways are exempt from the paving requirements in subsection
.E 1.
as follows:
The existing residence, consists of a main (split) level and a lower level. The main (split) level
contains 2,317 square feet of heated space, and a deck of 935 square feet. See attached Main
Level Floor Plan which shows all rooms and their respective uses. The lower level contains
1,413 square feet of heated space, and a garage and storage area of 629 square feet. See
attached Lower Level Plan which shows all rooms and their respective uses. There is a total of
3,730 square feet of heated space.
This proposal seeks to retain the entire main (split) level and a portion of the lower level as the
primary dwelling unit; and to create an ADU in the remaining portion of the lower level, for a total
of two dwelling units, which is the maximum allowable dwelling units, as follows: The primary
dwelling will contain a total of 2,962 square feet of heated space, 2,317 of which is on the main
level, and 645 square feet of which is on the lower level. The ADU will contain 768 square feet
of heated space, all on the lower level. Therefore, the proposed ADU will be no greater than
50% of the primary dwelling unit, and will be less than 1,000 square feet. The result of this
proposal will be two dwelling units, which is the maximum allowed. There are no proposed
changes to the existing structure, which currently meets or exceeds all standards, including
setbacks, and lot coverage, which are clearly shown on the attached Site Plan.
PARKING:
As stated in AMC 18.4.3.040, required parking for the primary dwelling is two full size spaces.
The proposed ADU, which is larger than 500 square feet, will require two additional parking
spaces. As shown on the attached plans, there are two existing spaces, to remain, in the
garage, and the applicant is hereby requesting two additional on-street spaces, to be located on
Oregon Street, along which there is 144 feet of lot frontage, substantially greater than the 44
feet required. With the granting of the two on-street spaces the proposal will meet the
requirement of four parking spaces.
LANDSCAPING & OPEN SPACE:
Approximately 65% of the lot is landscaped with numerous mature drought tolerant trees and
mature drought tolerant ground cover, flowers and shrubs. (See attached plans) The existing
landscaping fits perfectly with the neighborhood, which is for the most part "natural" consisting
of native and native adaptive species, including large mature trees and various forest-like
undergrowth. Because the existing landscaping is fully established and because it conforms so
Page 2of5
nicely with the surrounding area, the applicant proposes no changes. However the applicant is
proposing that a new automatic irrigation system be installed. See attached Existing Conditions
L 1.0 and the Irrigation Plan L 2.0 for details.
Our approach to the landscape improvements is to do as little as possible, the primary goal is to
save the trees, and to clean the Ivy out of all of the existing shrubs and trees to show them off
and give them a chance to thrive. Within this application, all of the construction that will take
place on this site is internal to the home, except for the proposed refuse enclosure (see below).
We have intentionally excluded a tree protection plan from this application. The irrigation has
been designed to protect the root zones of the trees, the irrigation is the only site disturbance
that will occur as part of this project.
As required, open space of at least 8% of the total lot size, or approximately 985 square feet,
will be provided as follows: 935 square feet of deck on the main level and 72 square feet of
patio (finished in pavers) on the lower level, for a total of 1,007 square feet.
ADDITIONAL ELEMENTS:
The applicant proposes that the required trash and recycling storage be located in a new
screened enclosure adjacent to the driveway, and covered bicycle parking be housed in the
storage area of the garage, and additionally underneath the existing stairs. See plans, attached.
Exterior lighting is provided with a combination of existing motion sensor and switched light
fixtures. There is no additional exterior lighting proposed.
ELECTRIC METERS
There is one existing electric service meter and panel located along the south wall of the
existing residence. Due to the proximity of windows and current building code requirements, the
existing meter will be moved to the east by approximately 10 feet and a second meter and
circuit panel will be added alongside to serve the proposed ADU. See Main Level Plan for
locations.
Further, this proposal meets all the criteria for site review approval set forth in AMC 18.5.2.050
Approval Criteria, as follows:
An application for Site Design Review shall be approved if the proposal meets the criteria in
subsections A, B, C, and D below. The approval authority may, in approving the application,
impose conditions of approval, consistent with the applicable criteria.
A. Underlying Zone. The proposal complies with all of the applicable provisions of the
underlying zone (part 18.2), including but not limited to: building and yard setbacks, lot
area and dimensions, density and floor area, lot coverage, building height, building
orientation, architecture, and other applicable standards.
B. Overlay Zones. The proposal complies with applicable overlay zone' requirements (part
Page 3 of 5
C. Site Development and Design Standards. The proposal complies with the applicable Site
Development and Design Standards of part except as provided by subsection E,
below.
D. City Facilities. The proposal complies with the applicable standards in section
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. ExceptiontotheSiteDevelopmentandDesignStandards.Theapprovalauthoritymayapprove
exceptions to the Site Development and Design Standards of part 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
As stated above, this proposal is for the conversion of a portion of an existing residence into an
ADU. The existing residence and lot meet or exceed all applicable criteria for the underlying
zone, including but not limited to building and yard setbacks, lot area and dimension, density
and floor area, lot coverage, building height, building orientation, architecture and other
applicable standards. Because there are no proposed exterior or structural changes to the
existing building, the proposed ADU will also meet or exceed all of the above criteria.
The applicant is aware of no applicable overlay zones for the subject site.
The proposal complies with all the provisions AMC 18.4, Site Development & Design Standards.
Again, because the existing residence and lot meet or exceed all such provisions, and because
the applicant proposes no exterior changes to the existing residence, this proposal will meet or
exceed all such standards.
The proposal also meets all of the requirements listed in "D", above. The existing house is
properly served by existing City Facilities, including water, sewer and electricity. One new
electric service meter will be added, and the applicant has consulted with the City Electric
Department who stated that there will no problems in this regard. This is a fully developed
neighborhood, and there will no additional impact on the existing City storm sewer system. The
Page 4 of 5
site is served by existing paved City streets, and existing paved driveway, neither of which will
be impacted by the proposal, and the existing transportation system, which is fully established
will not be effected by the proposal.
The applicant knows of no exceptions to any of the applicable criteria in the Site Review section.
The applicant hereby respectfully requests that the City Planning Staff approve this proposal by
way of a Type 1 procedure.
Sincerely,
Peter Cipes, for Don Cowan
Page 5 of 5
- - c
s
eau
L
o
w
-
o
I
r 1
a it r
I
i
I
I
I
i I
,
I
C"
i
I
II
I
I
I
a.
I
i
I
Ji \
i
I
I ,
I I
I
I
e
W
- /
I
_
I
r
~ J
I
-
O _
r _
-
-
i
r
u
-
7 J
I
-
-
i - u
~ J
- ti
u.
U
c
-
i
i
j
f
r
/
I
-
I
a ,
s
- I
J
fit{
Planning Division ZONING IT APPLICATION
51 Winburn Way, Ashland OR 97520
C l r v a e FILE
ASHLAND 541-488-5305 Fax 541-488-6006
DESCRIPTION OF PROJECT L•(_ , -J-
DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? ❑ YES NO
Street Address 3 ? ® / ,S
Assessor's Map No. 391E 0 Tax Lot(s) - ~o b
Zoning _ Comp Plan Designation
APPLICANT
Name Phones - E° )e:D~ E-Mail ham P_ge S Ljw_?DA moy. (_O° ` )
Address ft)w City Zip
PROPERTY OWNER 1.
Name ® ~\j tl~ Phone" ° E Mail Caw ~/V~e~~ l
Address _ ~ ~1 byG QL - City W-6 6S Zip 9 9 a 3
SURVEYOR, ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER
Title jZ,Nk,Name ~~P Phone V1
~ ~d~l~ E-Mail ~~15? yys - s
Address _5M N M) 0 City - D i2, Zip - %Zv
TitIeL W ame - Phones`~~ - 3 0 Y E-Mail krZj P i ccJ,' 0 j A ft,
Address's i S City N Zip ! - 5 Z_!n
1 hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects,
true and correct. 1 understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their
location found to be incorrect, the owner assumes full responsibility. I further understand that if this request is subsequently contested, the burden will be on me to
establish;
1) that t produced sufficient factual evidence at the hearing to support this request;
2) that the findings of fact furnishediustifies 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 thf r ar wil res It most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to
be removed se if I have any doubts,/ am advised to seek competent professional advice and //assistance.
` l` 150
Applicant's ignature Date
As owner of t roperty involved in this request, l have read and understood the complete application and its consequences to me as a properly
owner.
Properly Owner's Signature (required) Date -
Fo be completed by City Sidi]
Date Received _ Zoning Permit Type _--e' Filing Fee $ 65r,"
OVER
Wcoimn-de0platuwigTonns & Handouts\Zmdng Permit Applicafion.doe
i
I
Job Address: 1330 OREGON ST Contractor:
ASHLAND OR 97520 Address:
C
A
Owner's Name: COWAN DONALD M TRUSTEE O Phone:
{a N State Lie No:
P Customer 08921 City Lie No:
COWAN DONALD M TRUSTEE
Applicant: 1330 OREGON ST R j
Address: ASHLAND OR 97520 A
C C Sub-Contractor:
r
A Phone: Address: k
N Applied: 07/01/2016 O
T Issued:
Expires: 12/28/2016 R Phone:
State Lie No:
Maplot: 391E156139600 City Lie No:
DESCRIPTION: Site design review for ARU
VALUATION
Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description 4
is
I
c
Total for Valuation:
G
MECHANICAL
ELECTRICAL
STRUCTURAL
c
PERMIT FEE DETAIL
Fee Description Amount Fee Description Amount
c
CUP Accessory Residential 658.00
CONDITIONS OF APPROVAL
sill.
Is'
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 OF
Inspection Request Line: 541-552-2080
I
I'
I
L,
i
t
i
I hereby certify the contents of this application to be correct to the
best of my knowledge, and furthermore, that I have read, Fee Summary Paid Amounts
understood and agreed to the following:
Building: $ 0.00 $ 0.00
1. This permit shall remain valid only in accordance with code State Surcharge: $ 0.00 $ 0.00
or regulation provisions relating to time lapse and revocation Development Fees: $ 0.00 $ 0.00
(180 days).
2. Work shall not proceed past approved inspection stage. All Systems Development Charges: $ 0.00 $ 0.00
required inspections shall be called for 24 hours in advance. Utility Connection Fees: $ 0.00 $ 0.00
3. Any modifications in plans or work shall be reported in
advance to the department. Public Works Fees: $ 0.00 $ 0.00
4. Responsibility for complying with all applicable federal, state, Planning Fees: $ 658.00 $ 658.00
or local laws, ordinances, or regulations rests solely with the
applicant. Sub-Total: $ 658.00
Fees Paid: $ 658.00
Applicant Date Total Amount Due: $ 0
COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 East Main St. Fax: 541-488-5311
Ashland, OR 97520 TTY: 800-735-2900
www.ashland.or.us
CITY F
Inspection Request Line: 541-552-2080