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HomeMy WebLinkAboutCrestview_2020_PA-2016-01490 { CITY F i ASHLAND September 29, 2016 Notice of Final Decision On September 28, 2016, the Community Development Director approved the request for the following: Planning Action: PA-2016-01490 Subject Property: 2020 Crestview Applicant: Stan Potocki r Description: A request for Site Design Review approval to allow the construction of a 494 square foot Accessory Residential Unit (ARU) in the southeast corner of 2020 Crestview. The proposal includes a request to remove one 21" DBH Fir tree. COMPREHENSIVE PLAN DESIGNATION: Single-family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 39 1E 15 DD; TAX LOT: 210. I The Community Development Director's decision becomes final and is effective on the 12r' 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 Cory Darrow 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 1 1 Ashland, Oregon 97520 TTY: 800-735-2900 I wwmashland.orms %l t. 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. l 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. h! 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 18.5.1.050.6.1, 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 fw• 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 11 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. i' i COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 Winburn Way Fax: 541-552-2050 I ? Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us t ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA-2016-01490 SUBJECT PROPERTY: 2020 Crestview Dr. PROPERTY OWNER: Stan Potocki DESCRIPTION: A request for Site Design Review approval to allow the construction of a 494 square foot Accessory Residential Unit (ARU) in the southeast corner of 2020 Crestview. The proposal includes a request to remove one 21" DBH Fir tree. COMPREHENSIVE PLAN DESIGNATION: Single-family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 39 lE 15 DD; TAX LOT: 210 SUBMITTAL DATE: August 4, 2016 DEEMED COMPLETE DATE: August 25, 2016 STAFF APPROVAL DATE: September 28, 2016 FINAL DECISION DATE: October 10, 2016 APPROVAL EXPIRATION DATE: March 10, 2018 DECISION Mr. Potocki's application involves a request for Site Design Review approval to construct a 494 square foot Accessory Residential Unit (ARU) in the southeast corner of tax lot 210 at 2020 Crestview Drive. The oversized, approximately 19,166 square foot, single-family (R-1-7.5) zoned parcel is located on the western side of the road at the southern terminus of Crestview Drive. The existing structure that serves as the primary dwelling unit on site is an approximately 2,400 square foot one-story home with a basement. The primary dwelling unit was constructed in 1982c. CONCLUSIONS The applicant asserts the proposal meets all residential zone requirements (including required yards, lot coverage, and solar setbacks), Special Use Standards, residential site design requirements and standards for single-family dwellings. The proposed ARU is a wood-framed single-story structure. The gross habitable floor area of the proposed ARU is 494 square feet, significantly less than 1,000 square feet or 50% of the primary structure as required by the Ashland Municipal Code (AMC). Building orientation will be toward Crestview Drive as dictated by the residential site design requirements. Access to the ARU will be taken from the parking area via an existing concrete walkway or by steps leading from Crestview Drive. The automobile parking requirement for an ARU of less than 500 square feet is one -off-street space, in addition to the two off-street spaces required for the primary structure. The existing home contains two spaces within the enclosed garage and one uncovered off-street space on the north side of the property. All existing parking spaces meet the minimum standards detailed within the 2020 Crestview PL-2016-01490 Page 11 CTD I AMC. In addition to the three required off-street automobile parking spaces, this proposal requires a minimum of two sheltered bicycle parking spaces. The application identifies bicycle parking in excess of the requirement will be provided. Two bicycle parking spaces will be dedicated within the existing garage and one space will be provided under the roof overhang at the northwest corner of the proposed ARU. Installation of bicycle parking next to the ARU meets the requirement that bicycle parking be located within 25 feet of the entrance to the dwelling unit. There is extensive irrigated landscaping on-site, most of which is to remain unaffected by the construction on site. No landscaping modifications have been proposed in the application, with the exception of the removal of a mature Fir tree. The applicant has requested to remove one approximately 21" diameter-at-breast-height (DBH) Fir tree that is currently located within the footprint of the proposed structure. Removal of trees to facilitate development is allowed within the City of Ashland under certain circumstances. All tree removal requests associated with development of this nature are reviewed by the City of Ashland Tree Commission, an advisory group served by limited-term volunteer members with an expertise or interest in tree science. There are a number of pre-established, City Council adopted approval criteria that determine when trees may be removed to accommodate growth. The Tree Commission discusses the application in relation to the approval criteria and then provides a recommendation to Staff. Through use of the approval criteria, Staff objectively reviews these requests. The Tree Commission reviewed this request at their regular meeting on Thursday, September Stn, 2016. The applicant was not present for this meeting; staff provided a brief summation of the proposal. The Tree Commission voted to recommend approval of the application contingent on provision of a mitigation plan and additional findings addressing non-hazardous tree removal approval criteria 1 and 3. Approval Criteria 1 (AMC 18.5.7.040.B. 2. a) states that, "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 18.3.10. Approval Criteria 3 (AMC 18.5.7.040.8.2. c) states, "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. " Upon notification of the Commission's recommendation, the applicant provided additional fmdings demonstrating to Staff's satisfaction that, due to the constraints present on the lot, such as significant slopes in the rear of the property, it is not possible to locate the ARU in another location in-order to retain the tree without violating other residential zone -standards, notably the required yards (setbacks) identified in AMC 18.2.4. While the applicant did not provide additional findings addressing approval criteria no. 3, it should be noted that pursuant to AMC 18.5.7.040.B.2.c, "The City shall grant an exception to this 2020 Crestview PL-2016-01490 Page 2 CTD i t 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 Staff finds that due to the topographical constraints and residential zone standards, location of the ARU in another area of the lot is not reasonable. Based upon recommendation of the Tree Commission, Staff will require a mitigation tree be planted as a condition of approval. I' As previously mentioned, topographical constraints (Hillside Lands) are present on the lot. L Hillside lands are identified on the City of Ashland's adopted Physical and Environmental Constraints (P&E) map. Areas defined as Hillside Lands contain slopes of greater than or equal to 25 percent. Development within Hillside lands may trigger the need for a Physical and Environmental Constraints (P&E) permit. Development within the ME overlay is generally discouraged and subject to heightened review through the ME permit process if certain thresholds are exceeded. This proposal does not trigger the need for a ME Permit as the area of proposed surface disturbance on site will not exceed the threshold of 20 cubic yards or 1000 square feet (AMC 18.3.10.020.A.1). Bn The criteria for an Accessory Residential Unit are described in AMC Chapter 18.2.3.040, as follows: A. R-9 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 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-grounds, 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. 2020 Crestview PL-2016-01490 Page 13 CTD z The criteria for Site Review approval are described in AMC Chapter 18.5.2.050 as follows: I 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 j' 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. In staff's assessment, the application with the attached conditions complies with applicable ordinances and meets all required criteria. Planning Action #2016-01490 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 #2016-01365 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 substantial conformance with those approved as part of this application. If the plans submitted for the building permit are not in substantial conformance with those approved as part of this application, an application to modify the Site Design Review approval shall be submitted and approved prior- to issuance of a building permit. 2020 Crestview PL-2016-01490 Page 14 CTD i 2 That, in accordance with the recommendation of the Tree Commission a mitigation tree c that will grow to similar stature of the Fir tree be planted prior to occupancy of the ARU. Mitigation trees of an evergreen species shall be a minimum of five feet in height at the time of planting. i 3) That all necessary building permits and associated fees and charges, including permits and/or inspection fees for the kitchen and fire separation installation, 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: 4) 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. a) Lot coverage calculations including all building footprints, driveways, parking, and circulation areas shall be provided with the Building Permit. b) Solar Calculations shall be provided with the Building Permit. 5) 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. C) That the applicant shall screen recycle and refuse containers from adjacent properties and public right-of-ways. September 28, 2016 6.U Molnar, rector Date Department of Community Development 2020 Crestview PL-2016-01490 Page 5 CTD 6 4 f 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 9/29/16 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 #2016-01490, 2020 Crestview. Signature of Employee I DGcumen12 912912016 PA-2016-01490 391 E14CC 1000 PA-2016-01490 391 E14CC 5900 PA-2016-01490 391 E15DD 211 COLDWELL ROSS A/BARBARA S FERNLUND PHYLLIS TRUSTEE ET AL FINNEY BLAIRE A TRUSTEE ET AL 1027 CLAY ST 2009 CRESTVIEW DR 2007 TAMARACK PL ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-01490 391 E15DD 206 PA-2016-01490 391 E14CC 800 PA-2016-01490 391 E15DD 212 FUJIKAWA SACHIKO TRSTEE FBO GUNTHER PATRICIA ANN TRUSTEE HERTZ DONNA GREEN/RONALD S 91 N WIGHTMAN ST 1021 CLAY ST 1983 TAMRACK PL ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 0 391 E14CC 1300 HOLZSHU HU CHRISTOPHER PA-2016-01490 391 E15DD 301 PA-2016-01490 391 E15DD 299 HOLZRISTOPHER S/KI /KINGSLEY- JONES DAVID S/KATHI A BOWEN KING HARLEY/GRETCHEN 2022 CRU M 2000 TAMARACK PL 1911 TAMARACK PL 2022 CRESTVIEW DR ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-01490 391 E14CC 5800 PA-2016-01490 391 E14CC 6000 PA-2016-01490 391 E15DD 207 KOOPMAN MARNI E KOUTNIK DEBRA/PEPPER TRAIL LEVINE KATHRYN ELIZABETH 1206 LINDA AVE 2011 CRESTVIEW DR 2008 CRESTVIEW DRIVE ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-01490 391E15DD 213 PA-2016-01490 391 E15DD 210 PA-2016-01490 391 E15DD 209 MAIRS JOHN WILLIAM/NANCY E POTOCKI STAN ET AL SKOOG GREGORY A/EILEEN M 1961 TAMARACK PL 2020 CRESTVIEW DR 2014 CRESTVIEW ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-01490 391 E14CC 1200 PA-2016-01490 391 E14CC 1301 PA-2016-01490 STRONG ERIC B TRUSTEE ET AL WILLOWTREE VENTURES INC LINDEMANN DESIGN 1041 CLAY ST 1313 CLAY ST 550 NEVADA ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-01490 JASON MARTIN 2020 Crestview PO BOX 217 NOD 9/29/16 GOLD HILL, OR 97525 19 . I T - F 4 Planning Department, 51 WinLtl Way, Ashland, Oregon 97520 541-488-5305 Fax: 541-552-2050 www,ashland.or.us TTY: 1-800-735-2900 e " r -A Lj _,D NOTICE OF APPLICATION PLANNING ACTION: PA-2016-01490 j SUBJECT PROPERTY: 2020 Crestview OWNER/APPLICANT: Potocki DESCRIPTION: A request for Site Design Review approval to allow the construction of a 494 square foot Accessory G Residential Unit (ARU) in the southeast corner of 2020 Crestview. The proposal includes a request to remove one 21" DBH Fir tree. COMPREHENSIVE PLAN DESIGNATION: Single-family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 39 1 E 15 DD; TAX LOT: 210. / NOTE: The Ashland Tree Commission will also review this Planning Action on Thursday, September 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: August 25, 2016 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: September 6, 2016 A `v ;00 2020 i !Approx. site of proposed ARU l 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. GAcomm-dev\planning\Planning Actions\Noticing FolderWailed Notices R Signs\2016\PA-2016-01490.docx 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 I 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. f GAcomm-dev\planning\Planning Actions\Noticing FolderMailed Notices & Signs\2016\1`A-2016-01490.docs AFFIDAVIT OF MAILING i i 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 8/25/161 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 #2016-01490, 2020 Crestview. Signature of Employee DocumeW 8/25/2016 t PA-2016-01490 391 E14CC 1000 PA-2016-01490 391 E14CC 5900 PA-2016-01490 391 E15DD 211 COLDWELL ROSS A/BARBARA S FERNLUND PHYLLIS TRUSTEE ET AL FINNEY BLAIRE A TRUSTEE ET AL 1027 CLAY ST 2009 CRESTVIEW DR 2007 TAMARACK PL ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-01490 391 E15DD 206 PA-2016-01490 391 E14CC 800 PA-2016-01490 391 E15DD 212 FUJIKAWA SACHIKO TRSTEE FBO GUNTHER PATRICIA ANN TRUSTEE HERTZ DONNA GREEN/RONALD S 91 N WIGHTMAN ST 1021 CLAY ST 1983 TAMRACK PL ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-01490 391 E14CC 1300 PA-2016-01490 391 E15DD 301 PA-2016-01490 391 E15DD 299 HOLZSHU CHRISTOPHER S/KINGSLEY- JONES DAVID S/KATHI A BOWEN KING HARLEY/GRETCHEN HOLZSHU M 2000 TAMARACK PL 1911 TAMARACK PL 2022 CRESTVIEW DR ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-01490 391 E14CC 5800 PA-2016-01490 391 E14CC 6000 PA-2016-01490 391 E15DD 207 KOOPMAN MARNI E KOUTNIK DEBRA/PEPPER TRAIL LEVINE KATHRYN ELIZABETH 1206 LINDA AVE 2011 CRESTVIEW DR 2008 CRESTVIEW DRIVE ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-01490 391 E15DD 213 PA-2016-01490 391 E15DD 210 PA-2016-01490 391 E15DD 209 MAIRS JOHN WILLIAM/NANCY E POTOCKI STAN ET AL SKOOG GREGORY A/EILEEN M 1961 TAMARACK PL 2020 CRESTVIEW DR 2014 CRESTVIEW ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-01490 391 E14CC 1200 PA-2016-01490 391 E14CC 1301 PA-2016-01490 STRONG ERIC B TRUSTEE ET AL WILLOWTREE VENTURES INC RICK LINDEMANN 1041 CLAY ST 1313 CLAY ST 550 W NEVADA ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-01490 JASON MARTIN 2020 Crestview PO BOX 217 NOC 8/25/16 GOLD HILL, OR 97525 C"T w 112 D3 181 -x11111 r 51111-r-n- ~C 14133 I u L f 601 9111 1404 r rL, u. 181[1 ~ 1x115 a ~ 1815 ' 1814 1813 1812 - x- S ,Lra c 100 3Fb~ 1rG9 jail 3100 ..:ST 1832 2 18~ 5 ~1 3 3703 IS17 1~5 1818 1g1g 3303 z 311 1828 w~0t1 ~ z- fi3t)@ 181 161 i s~ s 62 7811 827 1825 3~Vtd 1151111 57DO t? $rb Bwg CRESTv&v D; 1824 I ' X111 21g 203 Ems; 2131 .2115 508 2134 5 20D 305 5111 2Ct5 ~ss 207 jail 1c v S Aria D 215 214 2-49 _ 11DD ~Tr + P t' 4 Pwi 213; 211$ y_ 212 t' 2~ 5 211 218 2~1 Q 12rt~ 313 i 2711 _ 309 - .311 i 117 130 13La1 a' 28~H1 i a A; 1 -1 ~L47 I ~2 4LH] 200 I m 588 q,5 5G2 Sao From: Stan Potocki To: Cory Darrow Subject: RE: Findings Date: Wednesday, September 14, 2016 10:26:39 AM Hi Cory, As we discussed, there was a good deal of thought, time, and expense regarding siting of accessory unit. On north side of property, steepness of grade and solar preclude feasibility. It is also not possible to consider above or below the house because of steepness of grade and setbacks. On south side of property, SW corner is too steep as well because the west side is the steepest grade. The place where it does fit, after meeting setback requirements from the street, is in the flattest part of the lot that can be used. Please let me know if you would like any additional information. Thanks. From: Cory Darrow [mailto:cory.darrow@ashland.or.us] Sent: Wednesday, September 14, 2016 9:27 AM To: stanvrc@mind.net Subject: Findings Hi Stan, It was nice talking to you this morning. I look forward to receiving your email and moving forward with a decision on the accessory unit. Best regards, Cory Darrow, Assistant Planner (541) 552-2052 City of Ashland, Department of Community Development 51 Winburn Way, Ashland, OR 97520 This email transmission is official business of the City of Ashland and it is subject to Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at (541) 552-2041. Thank you. i ASHLAND TREE COMMISSION PLANNING APPLICATION REVIEW COMMENT SHEET September 8, 2016 PLANNING ACTION: PA-2016-01490 SUBJECT PROPERTY: 2020 Crestview PROPERTY OWNER: Potocki DESCRIPTION: A request for Site Design Review approval to allow the construction of a 494 square foot Accessory Residential Unit (ARU) in the southeast corner of 2020 Crestview. The proposal includes a request to remove one 21" DBH Fir tree. COMPREHENSIVE PLAN DESIGNATION: Single-family Residential; ZONING: R-1-7.5;' ASSESSOR'S MAP: 39 lE 15 DD TAX LOT: 210 The Tree Commission recommends approving the application as submitted along with specific recommendations below: 1. That the applicant demonstrates compliance with the following nonhazardous tree removal Approval Criteria. a. That the tree is proposed for removal in order to permit the application to be consistent with other applicable Land Use Ordinance requirements and standards b. That 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. c. That the applicant mitigate for the removal of the tree. I PROJECT DESCRIPTION FOR A SITE REVIEW FOR AN ACCESSORY RESIDENTIAL UNIT FOR THE PROPERTY LOCATED AT 2020 C T W DRIVE, ASHLAND, OREGON OWNER: SITE PLANNING Stan Potocki & BUILDING DESIGN: 2020 Crestview Drive Lindemann Design Ashland, OR 97520 550 Nevada Street Ashland, Or 97520 SURVEYOR: Jason Martin BUILDER: To The Point Land Surveying LLC TBD PO Box 217 QUA 04 Gold Hill, OR 97525 SITE ADDRESS & LEGAL DESCRIPTION: 2020 Crestview Drive 391 e 15dd 210 COMPREHENSIVE PLAN DESIGNATION: Single Family Residential ZONING DESIGNATION: R-1-7.5 Residential ADJACENT USE: WEST: T.I.D. Canal EAST: Crestview Drive (@ point of termination w/ private drive) and a large undeveloped area on the east side of the street SOUTH: Single Family Residence (Unincorporated County) NORTH: Single Family Residence SUBJECT SITE: Single Family Residence PLANNING ACTION: The applicant is seeking approval for Site Review approval to construct a detached Accessory Residential Unit (ARU) on the southeast corner of the 0.44-acre lot. With the construction of the ARU, a single 21" dbh Fir Tree will be removed. FINDINGS OF FACT - GENERAL DESCRIPTION: The following information has been provided by the applicant to help the Planning Staff and neighbors understand the proposed project. In addition, the required findings of fact have been provided to ensure the proposed project meets the criteria for hillside development, for parking, for zoning of an ARU and for Site Design Review detailed in AMC Section 18.4.2.030. Proposal: The applicant is requesting a Site Review approval to construct a detached, 494 square foot ARU. As explained in detail below, the subject site can readily accommodate 1 the proposed construction within existing setbacks, without impacting hillside land or solar access and providing the required additional parking on site. The tree removal is not required to obtain a permit because the tree is located on a single family residential parcel that is occupied by a single family residence. I FINDINGS OF FACT - RE, SPONSE TO CRTTE AU 04 0 Site Design Review -18.5.2.050 Approval Criteria The proposed ARU complies with all of the applicable provisions of the underlying zone, including building and yard setbacks, the lot area exceeds the minimum lot area in the zone and the dimensions are pre-existing. The proposed lot coverage is less than allowed in the zone. The single story ARU is less than the maximum building height of 30-feet. The ARU is oriented toward Crestview Drive and the proposed architecture is compatible with the residences in the area. Accessory Residential Unit Criteria -18.2.3.040 • One ARU is proposed, for a total of two dwellings on the lot, as allowed. • The ARU is not subject to the density or minimum lot area requirements of the zone. • The gross habitable floor area (GHFA) of the proposed ARU (494 square feet) is 20.5% of the GHFA of the primary residence (2,410 square feet), thus it is well below the threshold of 50 percent and is less than 1,000 square feet. • The proposed ARU conforms to the overall maximum lot coverage and setback requirements of the underlying zone (see Site Plan exhibit). Parking -18.4.3.040 The proposed 494 s.f. ARU requires an additional parking space. The existing residence has garage parking for two vehicles. An additional, paved on-site parking space (min. 9'x18") already exists beyond (to the side of) the garage, which space does not encroach on the vehicular back up area. A foot path provides access to the proposed accessory structure. Bicycle Parking -18.4.3.070.I & J The primary residence provides bicycle parking (min. 2) in the garage. The ARU bicycle parking will be provided via a weather-protected parking space for one bike under the roof overhang at the northwest corner of the ARU, within 25 feet of the entrance, as shown on the Site Plan. The owner shall choose and install an appropriate paver surface underfoot and shall choose and install a wall-mounted bike security bar. The property is within the Hillside Overlay Zone. Below are findings addressing the Hillside Standards as described in the Pre-Application Conference document. Development in Hillside Lands -18.3.10.020.A.1 The ARU is proposed to be constructed on a relatively flat area above and behind (west of) a short section of steep slope (>25% but <35%) that exists within the 15' front setback area. It is not anticipated that the structure will encroach onto the slopes of more than 25%. Any areas of more than 25% that may be altered with its 494 square foot footprint would keep any earth-moving activity well below the threshold for invoking a 2 f Physical & Environmental Constraints Review Permit (i.e., for disruption greater than 20 cubic yards or 1,000 square feet). As proposed, the applicant finds that the proposal complies with the Site Design Standards for the zone. Multi-Family Site Design Review -18.4.2.030 Building Orientation to the Street: The proposed ARU faces the street; its fagade is parallel to the street. The entry (front door) is visible from the street (Crestview Drive). Note that Crestview Drive terminates at the subject lot. The southerly continuation of pavement is a private drive. Pedestrian access to the ARU is from two directions: a short run of stairs (or graded path) just below the patio and a foot path from the north, parallel with the street. The parking for the ARU is located to the side of the existing residence and no parking will be located between the proposed ARU and the street. 4 Building Materials: The proposed ARU's exterior character is a simple, modest single". story structure with a low-pitch roof, with exterior materials that blend with the primary j residence and with the natural surroundings. The exterior cladding will consist of either clear-sealed, exterior-rated, horizontal wood, such as tight-knot cedar, or paint-grade siding in a natural color. The roofing will be medium or medium-dark gray composition shingles. Windows will be common vinyl frames (in white, almond or putty). The entry/patio door will be paint-grade wood or fiberglass frame. Landscaping and Open Space: The subject site is extensively landscaped and irrigated (front, sides and back). The ARU is proposed for a relatively flat, empty area in the southeast corner that is not formally landscaped or irrigated (i.e., an area of natural vegetation with one tree that has hindered undergrowth), thus its construction will not disturb or reroute existing irrigation. The existing landscaping to the north of the proposed ARU, which continues all the way to the driveway curb cut, will remain intact. The remaining flat, unplanted areas around the perimeter of the ARU (south, east and north) will be preserved as open space for recreational use. The total open space for the lot is 4,500 square feet (23.5 percent of the lot area). Up to 1,500 square feet of open space will be available for the occupant of the ARU. This area will be rendered in a walkable surface (or combination of surfaces) such as crushed granite, pea gravel, drought-tolerant ground cover or pavers. 160 square feet of the tenant's open space consists of a concrete patio. Landscape and Irrigation Plan: As noted above, the proposed development preserves the existing landscaping and irrigation and preserves existing open spaces for recreational use (remainder after construction) with a portion of that open space converted to hardscape (patio-see Site Plan). Tree Removal -18.5.7.040 There is a 21-inch DBH Fir Tree that is proposed to be removed in order to accommodate the ARU. The tree is located in the buildable area for the ARU. There are a large number of fir trees in the vicinity on the surrounding properties and the tree removal will not have an impact on tree density, sizes, species diversity or have negative impacts on other trees within 200-feet of the property. No erosion will occur due to the placement of a structure AUK" 04 2016 3 4 in place of the tree. The removal of the tree will not impact any surface water flow and is not part of a windbreak. Additional Elements: The Site Plan exhibit indicates exterior lighting at the front (east) entry to the ARU. These wall-mounted fixtures will be shrouded to direct light downward. Trash and recycling will be provided adjacent the garage and parking (without encroaching on the parking or backup area). Lastly, there are adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property, and adequate transportation provided to the property. An electric service for the ARU will be provided. The water, sewer and storm drainage will be connected to the existing facilities within Crestview Drive and on the subject property. Alh'l 04 2616 i { 4 0 10 30 40 50 60 70 -80 90 100 FT R L LOT COVERAGE Lot Area: 19,166s.f. Existing Building & Deck: 2,417 s.f. . / Existing Driveway & Walk Path: 1,874 s.f, Proposed BuildinA.R.U.:494s.f. . 7I Proposed New Hagdscape 160 s.f. 231 TOTAL COVERAGE: 4,945 s.f. (25.8%) Q L.Lj Landscape Area (Pervious): 14, 221 s.f° (74.2%) ~r' ppVEM Pave riveway LU \ \ S~ to AEzisting \ 1 )Irigated HA ED \ I lan'dsca ing S \ 1 P sH a 11'•81/4" 31/¢' 10'-4° fog e1/4 1 \ HSI LANG SiA ING m O TT4 Car E 'sting ara1 . E 7 ~ YFF=-7~ s 1 (9'x18' a. be ay) .1 ~t~ o z r 6 STE S ~Nw Map 391E 1 ~'D tot210 ONT o 0 0 o { 1 ~ ~ ZONI G R-1- 5 EN~RY 044ac.(1~j66S .ft.) ` 1 r r r= " a 2O EXISTING W W -0° P63/~° e ,1, o o XI 11n ~ II1/4° '-8 ' 1 \ V t \ \ S 1 r PRIMARY DWELLING igatP~d ; Lan scaig ' a a i i v, 4 01 - - - r , 2,410 sq.ft, Split Level; 31 _ o G1 Y tit OPEN ~ ppVEMENTWIDTH 3 ~ O 0 A.R.U. FLOOR PLAN SPACE Its 7® _ ) n o cu B - i Scale: 3/32 1 -0 t vvv v ~LLCFE~ I w,' v 1.= g,ASSINC'10 RLK \ r-rouse vRi 16'0 - , O(V E n / O o ~ v 1E a,ea 1 1 , A PROPOSED f. ARU -9 w R N 494s. Cc 2 REAR A R D SPACE h~ of" r SPACE l~ / , AIFRI ' ~ ~ i lf1 p ooilhe i 1""r° 1 a Existing P 0, j hrigated 11° o1Hi nu1RIE NOTE: FIRE HYDRANT 1 lands apin _w 3'0'MIN, - STEPS IS40'FROM THE F1 I PROPERTY LINE O N - ot. v•~•~• ~ ~A~•~~•v ~ • ~ _f 1. ~i~ 1 114 • i c.`° 1~ r. Hi9_` ~~,~1 -16.0 _ ICY: l 113.2 3/4 " o m o ro ° o ne C a MIN, SETBACK _ _ 15'•0" SOLAR SETBACK NOTE: The proposed A.R.U. location and = Existing Open Space for SFD 3,000 s.f.) SITE height occur behind and below (south of) the existing =0 enS aceforARU(1,500s.f.) AUG 04 20 z 16 VI ~ ~ ~ ~ ~ ~ ~ solar producing point of the existing dwelling. p p I ~ • N W PROPOSED SITE PLAN z A a Scale: 120ft ' w 0 Z t - ~ u<• tip'<.:w~~ `k `~;s:.<. u--~----r-~--•- 9 Nil w 4HZTL. TAG TIGHT KNOT R PAINT°GRADE CEDAR i A. R. U. LEFT (S) ELEVATION A.R.U. FRONT ELEVATION Scale: 3/16 -1-0 Scale: 3/16 -V-0" i TOP PLATE 3 40-YR. COMPOSITION TOP PLATE SHINGLE ROOFING 11'•01/8 r I f ~ CEMENTITIOUS - - - LAP SIDING (E.G. NARDIEW FIN. FLOOR _ A,R,U, RIGHT (N) ELEVATION A.R.U. REAR ELEVATION Scale: 3/16" =1'-0" E Scale: 3/16" =1'-0" AUG 0 4 M16 I PROJECT LOCATED AT $ APPLICANT: Stan Potocki I S H E E T PROJECT #1508-C I - POTOCKI A.R.U. (ONDITIONAL USE PERMIT EXHIBITS 2020 Crestview Dr. V ERSION 1.0,MODIFIED O7-20-1674016 I ELEVATIONS Ashland, Oregon SHEETSIZE:11X17 SCALE:ASNOTED LINDEMANN DESIGN LLC ZONING MIT APPLICATION Planning Division CITY O F 51 Winburn Way, Ashland OR 97520 FILE 1# ASHLAND 541-488-5305 Fax 541488-6006 DESCRIPTION OF PROJECT DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? ❑ YES ❑ NO T `r 1 Street Address 12 Assessor's Map No. 39 1 E L~ Tax Lot(s) 2_10 Zoning Comp Plan Designation APPLICANT Name Phone + ("G4 3'39 E-Mail e v~ ° vt Address G g~Ste' t City K Zip ~_7`SZoo PROPERTY OWNER Name S r r°a C V--1 Phone ` - 1139" _4~'59 E-Mail i~, t v\ ~ . e-+ Address I c Z C --S; it tf r42 . City A'~ Zip j SURVEYOR, ENGINEER. ARCHITECT, LANDSCAPE ARCHITECT OTHER Title tA51X12 -Name-l",ICK- t tl+t ~a Phone 6.4-742- E-Mail tt~ Address 5 t-Jf--'VAta ;A W City A S ~ T-4 Zip 9-IS110 Title Name Phone 1 e-V) _1S6 j E-Mail Address City t~te G-~. Zip 9-15 Z-5 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 1 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 orimprovements are properlylocated on the ground. Failure in this regard will st likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to be removed at m rise. If Vubts, l am advised to seek competent professional advice and assistance. Applican s ignature Date As owner of th p involve ' th' request, f have read and understood the complete application and its consequences to me as a property owner. Property Owner's Signature (required) Date [ro be completed by City Staff o Date Received Zoning Permit Type Filing Fee $ OVER /6 Wcomm-dev\ptanning\Forms & Handouts\Zoning Permit Application.doc i i Job Address: 2020 CRESTVIEW Contractor: ASHLAND OR 97520 Address: c I P Owner's Name: POTOCKI STAN O Phone: " P Customer 08969 N State Lie No: L T City Lie No: L POTOCKI STAN Applicant: PO BOX 217 R Address: ASHLAND OR 97520 A C C Sub-Contractor: A Phone: T Address: N Applied: 08/04/2016 O T Issued: R Expires: 01/31/2017 Phone: State Lie No: Maplot: City Lie No: DESCRIPTION: Site Design for an ARU 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 CUP Accessory Residential 664.00 CONDITIONS OF APPROVAL COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 East Main St. Fax: 541-488-5311 Ashland, OR 97520 TTY: 800-735-2900 www.ashland.or.us Inspection Request Line: 541-552-2080 CITY OF ASHLAND I ii .I I ~ I I I li E k: 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: $ 664.00 $ 664.00 or local laws, ordinances, or regulations rests solely with the applicant. Sub-Total: $ 664.00 Fees Paid: $ 664,00 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 Inspection Request Line: 541-552-2080 CITY OF