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HomeMy WebLinkAboutBarbara_2970_PA-2016-00028 CITY OF ASHLAND February 14, 2017 Notice of Final Decision On February 13, 2017, the Community Development Director approved the request for the following: Planning Action: 2017-00028 Subject Property: 2970 Barbara Street Applicant: Philip Simon Owner: Michael & Jayne Donnelly Description: A request for a Site Design Review to allow for the conversion of an existing detached guest house of approximately 490 square feet to an Accessory Residential Unit (ARU) on the subject property. The applicant is not proposing any exterior changes to the existing structure and no trees are proposed for removal as part of this application. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-5; ASSESSOR'S MAP: 39 1E 14 BD; TAX LOT: 1300. 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. cc: Parties of record and property owners within 200 ft' COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305 51 Winbum Way Fax: 541-552-2050 - Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us 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 of Appeal. The notice of appeal shall be accompanied by the required filing fee and shall contain. i. An identification of the decision being appealed, including the date of the decision. ii. A statement demonstrating the person filing the notice of appeal has standing to appeal. iii. A statement explaining the specific issues being raised on appeal. iv. A statement demonstrating that the appeal issues were raised during the public comment period. d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a jurisdictional defect and will not be heard or considered. 3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before the Planning Commission. The appeal shall not be limited to the application materials, evidence and other documentation, and specific issues raised in the review leading up to the Type I decision, but may include other relevant evidence and arguments. The Commission may allow additional evidence, testimony, or argument concerning any relevant ordinance provision. 4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type II public hearing procedures, pursuant to section 18.5.1.060, subsections A - E, except that the decision of the Planning Commission is the final decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of Appeals, pursuant to ORS 197.805 - 197.860. COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305 51 Winbum Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us U c= i I ASHLAND PLANNING DIVISION FINDINGS & ORDERS PL NG ACTION: PA-2017-00028 SUBJECT PROPERTY: 2970 Barbara Street APPLICANT: Philip Simon OWNER: Michael & Jayne Donnelly DESCRIPTION: A request for a Site Design Review to allow for the conversion of an existing detached guest house of approximately 490 square feet to an Accessory Residential Unit (ARU) on the subject property. The applicant is not proposing any exterior changes to the existing structure and no trees are proposed for removal as part of this application. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-5; ASSESSOR'S MAP: 39 lE 14 BD; TAX LOT: 1300. SUBMITTAL DATE: January 10, 2017 DEEMED COMPLETE DATE: January 23, 2017 STAFF APPROVAL DATE: February 13, 2017 FINAL DECISION DATE: February 27, 2017 APPROVAL EXPIRATION DATE: August 27, 2018 DECISION The application involves a request for Site Design Review approval to convert an existing detached guest house into an Accessory Residential Unit (ARU). The proposal is to convert approximately 490 square feet of existing habitable floor area into an Accessory Residential Unit. No exterior modifications to the building footprint are proposed and no trees are being removed on the subject property. The subject parcel is rectangular in shape and is located on the south side of Barbara Street between Tolman Creek Road and Jaquelyn Street. Tax lot 1300 is approximately 0.15 acres (6,819 square feet). The subject parcel is zoned R-1-5, Single-Family Residential. The parcel abuts public right-of-way to the north and all adjacent properties to the south, east, and west are zoned R-1-5. The city identifies Barbara Street as a Neighborhood Street and is improved with paving, curb and gutters in place. According to Jackson County, Oregon tax records, the subject property, tax lot 1300, currently has a 984 square foot single-family dwelling constructed about 1949. 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-2017-00028 2970 Barbara StreeYMMS Page 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: I building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards. " The applicant's proposal includes adding one accessory residential unit on the subject lot, which contains only one existing single-family dwelling. The proposed accessory residential 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 Ashland Municipal Code (AMC), sizes of ARU's 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 accessory residential unit will contain 490 square foot of habitable space, all within the existing guest house while the primary residence is approximately 984 square feet. The existing guest house has a right side yard setback of 48 feet, a left side yard setback of 3 feet, a rear yard setback of 7 feet, and a front yard setback of 67 feet. The existing detached guest house is considered a non-conforming structure because it does not meet the current yard setback requirements. The existing buildings footprint will remain unchanged and several yard setbacks will remain non-conforming. No exterior building modifications are proposed with this application. The application materials state the property is covered with approximately 22.1 percent impervious surfaces (1,508 square feet), which is not consistent with the City of Ashland's Geographic Information Systems (GIS) data. According to the city's GIS data the property is covered with 44 percent impervious surfaces or approximately 3,000 square feet. The applicant will need to submit revised lot coverage calculations and this has been added as a condition of approval. 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 subject property is not located within a special district or overlay zone. 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 materials note that the existing structure will have no exterior modifications to the building when it is converted. In addition, the application materials indicate that approximately 53.9 percent of the lot is currently landscaped area. The applicant will be required to revise the landscaped area calculation in conjunction with the total lot coverage area and include a landscaping and irrigation plan as a condition of approval. Outdoor recreation space will also need to be identified on a revised site plan map and has been added as a condition of approval. The applicants written narrative indicate that landscaping and irrigation are in place; however, no map plan has been provided as required by AMC 18.4.4.030. A tree preservation plan has been submitted and no trees will be impacted as part of the project. Trash and recycling facilities will be provided in the garage located below the proposed ARU. Three bicycle parking spaces will be provided in the covered spaced located below the exterior staircase accessing the ARU. Two- off- street vehicle parking spaces are required for the existing residence, and one additional space is are required for the proposed ARU. The application materials indicate that one off-street vehicle parking space will be provided as a nine foot by 18 foot parking space in the existing single-car garage off of Barbara Street. The second required vehicle parking space for the single-family PA-2017-00028 2970 Barbara Street/MMS Page 2 i dwelling is assumed to be a tandem parking space located in front of the existing single-car garage on the existing driveway surface. This vehicle parking configuration condition is existing non-conforming and will stay unchanged. The remaining vehicle parking space is requested as an on-street parking credit, which meets the required 22 foot of uninterrupted curb and is less than a 50 percent reduction to the required off-street parking spaces (AMC 18.4.3.060.A). 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 utilities will remain as existing. In addition, the existing guest house will be required to be serviced by a separate electric meter as a condition of approval. The applicant will also need to apply for a new legal address for the accessory residential unit and as such a condition of approval has been added. The site is served by existing paved city streets with curb and gutter. 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- 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: A. R-1 Zone. Accessory residential units in the R-1 zone shall meet the following requirements. 1. One accessory residential unit is allowed per lot, and the maximum number of dwelling units shall not exceed two per lot. 2. Accessory residential units are not subject to the density or minimum lot area requirements of the zone, except that accessory residential units shall be counted in the density of developments created under the Performance Standards Option in chapter 18.3.9. 3. The maximum gross habitable floor area (GHFA) of the accessory residential unit shall not exceed 50 percent of the GHFA of the primary residence on the lot, and shall not exceed 1,000 square feet GHFA. 4. The proposal shall conform to the overall maximum lot coverage and setback requirements of the underlying zone. 5 Additional parking shall be provided in conformance with the off-street parking provisions for single-family dwellings in section 18.4,3.040, except that parking spaces, turn-arounds, and driveways are exempt from the paving requirements in subsection 18.4.3.080.E.1. C. R-2 and R-3 Zones. Accessory residential units in the R-2 and R-3 zones shall meet the standards in subsection 1823.040.A, except that the maximum gross habitable floor area (GHFA) of the PA-2017-00028 2970 Barbara StreeVMMS Page 3 I 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 l: 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. 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 #2016-02326 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 #2016-02326 is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant shall be conditions of approval unless otherwise specifically modified herein. 2) That all necessary building permits and associated fees and charges, including permits and service connection fees for the new electrical service to the accessory residential unit, and any applicable system development charges for water, sewer, storm water, parks, and PA-2017-00028 2970 Barbara StreeVMMS Page 4 transportation shall be paid prior to the issuance of a building permit. The building permit submittals shall include: a) That the plans submitted for the building permit shall be in conformance with those approved as part of this application. If the plans submitted for the building permit are not in substantial conformance with those approved as part of this ! application, an application to modify this Site Review approval shall be submitted and approved prior to issuance of a building permit. 3) That 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 a separate address for the accessory residential unit shall be applied for and 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. 5) That prior to the issuance of a new legal address for the Accessory Residential Unit: a) That the trash and recycling area shall be installed in accordance with the Site Design and Use Standards prior to the issuance of an address. b) That the bicycle parking facilities shall be installed prior to issuance of an € address. C) That a separate electric service and meter for the accessory residential unit shall be installed in accordance with Ashland Electric Department requirements. e) That street trees, 1 per 30 feet of street frontage, shall be installed on the Barbara Street frontage prior to the issuance of a certificate of occupancy. All street trees shall be chosen from the adopted Street Tree List and shall be installed in accordance with the specifications noted in Section E of the Site Design and Use Standards. The street trees shall be irrigated. f) That a landscaping and irrigation site plan map to include irrigation details satisfying the requirements of the Site Design and Use Standards under AMC 18.4.4.030 and showing park row improvements shall be provided prior to issuance of an address. g) A revised site plan map including lot coverage calculations, landscaped area _ calculations, and outdoor recreation space calculations. ~ ~ '7- B 2 ~ i 7 ill Molnar, Tanning Director Date Department df Community Development PA-2017-00028 2970 Barbara Street/I IIMS Page 5 I 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 February 14, 2017 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 #2017-00028, 2970 Barbara St. NOD. r ~ r t _ Signature of Employee Documend 2/14/2017 i i PA-2017-00028391E 14BD2500 PA-2017-00028391E 14BD2000 PA-2017-00028391E 14CA1700 ALESHIRE JON ANDERSON RICHARD/MILLICENT ASHLAND STORE-A-WHILE LLC 2987 BARBARA ST 2937 BARBARA ST 3325 DARRELL DR ASHLAND, OR 97520 ASHLAND, OR 97520 MEDFORD, OR 97501 k~ PA-2017-0002839IE14BD 1500 PA-2017-0002839IE14BD3200 PA-2017-0002839IE14CA1802 BALDRICA DON/KATY BROWN JACK C TRUSTEE ET AL CLASON COMPANY LLC 2948 BARBARA ST 2950 DIANE ST 220 DEAD INDIAN MEMORIAL RD ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 i PA-2017-00028391E 14BD 1900 PA-2017-00028391E 14BD3000 PA-2017-00028391E 14BD2200 COPPEDGE L LEROY/TERESA J COUNCIL BARBARA NINA TRUSTEE CRADER LINDA SUE 2927 BARBARA ST 2970 DIANE ST 2957 BARBARA ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2017-0002839IE14CA900 PA-2017-0002839IE14BDI300 PA-2017-00028391E14BD2400 CROSS WILLIAM/PAULA GREIST DONNELLY MICHAEL/JAYNE C EXEL VOLKER 715 GRANDVIEW DR 2970 BARBARA ST 2977 BARBARA ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 i PA-2017-0002839IE14CA1300 PA-2017-0002839IE14CA1200 'PA-2017-00028391E14CA700 FITZPATRICK EILEEN TRUSTEE ET AL FLEISHER ANTHONY HANSEN SCOTT/GENA 960 JAQUELYN ST 964 JAQUELYN ST 1390 TOLMAN CREEK RD ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2017-00028391E14BD 1000 PA-2017-00028391E14BD3300 PA-2017-00028391E14BD3100 HARDING PENNY MODINE HINOS KRISTINE TRUSTEE ET AL HJERRILD CHRIS TRUSTEE ET AL 3000 BARBARA ST 52350 AVENIDA OBREGON 2958 DIANE ST ASHLAND, OR 97520 LA QUINTA, CA 92253 ASHLAND, OR 97520 PA-2017-0002839IE14BD2600 PA-2017-00028391E14BD2800 PA-2017-00028391E14BD2100 JAMES CHARLES D KINNAMON TED C/LORRAINE LEE RHONDA 2999 BARBARA ST 110 HOLLISTER AVE 2949 BARBARA ASHLAND, OR 97520 CAPITOLA, CA 95010 ;ASHLAND, OR 97520 PA-2017-00028391E14CA1800 PA-2017-0002839IE14CAI 100 PA-2017-00028391E14CA1000 LIVNI GIL/KATHLEEN LOVETT RICHARD P TRUSTEE MICHELANGELO JENNIFER 2532 OLD MILL WAY PO BOX 427 560 REITEN DR ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2017-0002839IE14BD2900 PA-2017-00028391E14BD1600 PA-2017-0002839IE14BD2300 NGUYEN-DUY PIPO H/GOMBART PERRIN GUY P TRUSTEE ET AL PORTER BRIAN K TRUSTEE ET AL 2978 DIANE ST 2934 BARBARA ST 19 N BERKELEY WAY ASHLAND, OR 97520 ASHLAND, OR 97520 MEDFORD, OR 97504 PA-2017-0002839IE14BD 1400 PA-2017-00028391E 14CA800 PA-2017-00028391E14BD 1100 ROSS MICHAEL E ET AL SCHWEIGER JOHN C TRUSTEE ET AL SCOTT M LEE/SANDRA A 2599 PIONEER RD PO BOX 3520 2990 BARBARA MEDFORD, OR 97501 ASHLAND, OR 97520 ASHLAND, OR 97520 Easy peelO Labels Rend along line to a ® 51600 Use AveryO Template 51600 Feed Paper ° expose Pop-up EdgeTM j j PA-2017-00028391E 14BD 1200 PA-2017-00028 PHILLIP SIMON TOPPO UGO RLAUREN E 2978 BARBARA ST 2970 BARBARA ST ASHLAND, OR 97520 ASHLAND, OR 97520 i i i Etiquettes faciles a peter Repliez a la hachure afin de , www.avery.com Utilisez le 9abarit AVERYO 51600 i Sens de chargement reveler le rebord Pop-uph,c 1-800-GO-AVERY j 1 i Planning Department, 51 Winburn Way, Ashland, Oregon 97520 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 NOTICE OF APPLICATION PLANNING ACTION: PA-2017-00028 SUBJECT PROPERTY: 2970 Barbara Street APPLICANT: Philip Simon OWNER: Michael & Jayne Donnelly DESCRIPTION: A request for a Site Design Review to allow for the conversion of an existing detached guest house of approximately 490 square feet to an Accessory Residential Unit (ARU) on the subject property. The applicant is not proposing any exterior changes to the existing structure and no trees are proposed for removal as part of this application. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-5; ASSESSOR'S MAP: 391 E 14 BD; TAX LOT: 1300. NOTICE OF COMPLETE APPLICATION: January 23, 2017 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: February 6, 2017 -i I I 1 - i - BARBARA ST o - LLJ F i Q W _ f - He p `-8uBJECTPROPERTY H 2970 Barbara Street - - f PA-2017-00028 - - - ~ ~ - - APMANLN _L J 1:600 1 inch = 50 feet vre ereasem«~syi oY«., . s :na,m ea mae~a<ar r~a<a~araai.res<aasmo.i«nao,. 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 18.5.1.050.G) 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. G:\comm-dev\planning\Planning Actions\Noticing Folder\Mailed Notices & Signs\2017\PA-2016-00028.docx i 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. GAcomm-dev\planning\Planning Actions\Noticing PolderWailed Notices & Signs\2017\PA-2016-00028.docs l AFFIDAVIT OF MAILING 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 1/23/171 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 #2016-00028, 2970 Barbara. Signature of Employee Document31/2312017 i I PA-2016-00028 391 E14BD 2500 PA-2016-00028 391 E14BD 2000 PA-2016-00028 391 E14CA 1700 ALESHIRE JON ANDERSON RICHARD/MILLICENT ASHLAND STORE-A-WHILE LLC 2987 BARBARA ST 2937 BARBARA ST GREGORY & JACQUELINE TAYLOR ASHLAND, OR 97520 ASHLAND, OR 97520 3325 DARRELL DR MEDFORD, OR 97501 PA-2016-00028 391 El 413D 1500 PA-2016-00028 391 E14BD 3200 PA-2016-00028 391 E14CA 1801 BALDRICA DON/KATY BROWN JACK C TRUSTEE ET AL CLASON COMPANY LLC 2948 BARBARA ST 2950 DIANE ST 220 DEAD INDIAN MEMORIAL RD ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-00028 391 E14BD 1900 PA-2016-00028 391 E14BD 3000 PA-2016-00028 391 E14BD 2200 COPPEDGE L LEROY/TERESA J COUNCIL BARBARA NINA TRUSTEE CRADER LINDA SUE 2927 BARBARA ST 2970 DIANE ST 2957 BARBARA ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-00028 391 E14CA 900 PA-2016-00028 391 E14BD 1300 PA-2016-00028 391 E14BD 2400 CROSS WILLIAM/PAULA GREIST DONNELLY MICHAEL/JAYNE C EXEL VOLKER 715 GRANDVIEW DR 2970 BARBARA ST 2977 BARBARA ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-00028 391 E14CA 1300 PA-2016-00028 391 E14CA 1200 PA-2016-00028 391 El 413D 1000 FITZPATRICK EILEEN TRUSTEE ET AL FLEISHER ANTHONY HARDING PENNY MODINE 960 JAQUELYN ST 964 JAQUELYN ST 3000 BARBARA ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-00028 391 El 413D 3300 PA-2016-00028 391 E14BD 3100 PA-2016-00028 391 El 413D 2600 HINOS KRISTINE TRUSTEE ET AL HJERRILD CHRIS TRUSTEE ET AL JAMES CHARLES D 52350 AVENIDA OBREGON 2958 DIANE ST 2999 BARBARA ST LA QUINTA, CA 92253 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-00028 391 El 413D 2800 PA-2016-00028 391 E1413D 2100 PA-2016-00028 391 E14CA 1800 KINNAMON TED C/LORRAINE LEE RHONDA LIVNI GIL/KATHLEEN 110 HOLLISTER AVE 2949 BARBARA 2532 OLD MILL WAY CAPITOLA, CA 95010 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2016-00028 391 E14CA 7900 PA-2016-00028 391 E14CA 1000 PA-2016-00028 391 El 413D 2900 LOVETT RICHARD PAUL TRUSTEE ET AL MICHELANGELO JENNIFER NGUYEN-DUY PIPO H/GOMBART ELAN PO BOX 427 560 REITEN DR CHARDIN ASHLAND, OR 97520 ASHLAND, OR 97520 2978 DIANE ST ASHLAND, OR 97520 PA-2016-00028 391 E14BD 1600 PA-2016-00028 391 E14BD 2300 PA-2016-00028 391 E14BD 1400 PERRIN GUY P TRUSTEE ET AL PORTER BRIAN K TRUSTEE ET AL ROSS MICHAEL E ET AL 2934 BARBARA ST 19 N BERKELEY WAY 2599 PIONEER RD ASHLAND, OR 97520 MEDFORD, OR 97504 MEDFORD, OR 97501 PA-2016-00028 391 E14CA 700 PA-2016-00028 391 E14BD 1100 PA-2016-00028 391 E14BD 1200 SCHWEIGER JOHN C TRUSTEE ET AL SCOTT M LEE/SANDRA A TOPPO UGO J/LAUREN E PO BOX 3520 2990 BARBARA 2978 BARBARA ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 i PA-2016-00028 PHILIP SIMON 2970 Barbara 2970 BARBARA ST NOC 1/23/17 ASHLAND, OR 97520 31 ~1J lk ~'W 1 ,_I 1 ' 6 I j t! i I ~ ~.A LA u I 1 J t ~J 1, k 41 230 24 2-SGO 26M1 1 y , C I 1 1 t 14° i 1 1I Iwo ` i 140, r 1 ~1 1400 1l i' 1000 ~ I I YOL Il ► ► ► ► I N ► ► co ► \a~ L ► O ► O N ► L LD ► yam O ► ~ II c ' v ~9L'06 O p i i j I ► c ► E c I c a) I c am CD 3 M I a I m © 1 0.- CD v _ I Z 49 W I CU .n X N M~ L CL 0 ~ m~ 1 Ra Ic> M L Q- 0 IV d [6 i J 3 .Q 4 i~ N O C13 Co LB N > 3 Cc -C~ - i O o m U Q I i i N r X to LO ► 3 L ► ,99'£6 o aj C 03 52 L 0 a) c o o ( xo L Q) CL I C _ Q It i „~-.oz Q i m L ii L m 3 a' m c m L m V 70 4- o0 Chi _ 15 0 =@ 0) CL 0 x ° co i I \ t L_ ZONING PERMIT APPLICATION Planning Division .CITY o 51 Winburn Way, Ashland OR 97520 FILE # ASHLAND 541-488-5305 Fax 541-488-6006 DESCRIPTION OF PROJECT Et-Ul~ l_~s~'G• yj~✓s DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? ❑ YES ❑ NO Street Address 0-11 ?6 Assessor's Map No. 39 1 E d 6D Tax Lot(s) V Zoning Comp Plan Designation I APPLICANT ))i Name f Lf L I t Phone' E-Mail Address 1) G City to-- d( Zip PROPERTY OWNER lf Name Phone ;l 7~ E-Mail Address, City Zip SURVEYOR ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER Title Name Phone E-Mail Address City Zip Title Name Phone E-Mail Address City Zip I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects, true and correct. I understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their location found to be incorrect the owner assumes full responsibility. I further understand that if this request is subsequently contested, the burden will be on me to establish: 1) that I produced sufficient factual evidence at the hearing to support this request; 2) that the findings of fact furnished justifies the granting of the request; 3) that the findings of fact furnished by me are adequate; and further 4) that all structures or improvements are properly located on the ground. Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to be remove my expense. If I have any doubts, I am advised to seek competent professional advice and assistance. Applic 's Signature Date As owner of the property in olved in,this re est,1 a've read and understood the complete application and its consequences to me as a property j owner. ~ r< Property Owner's Signature (required} ~ 1" ~-Date [To be completed by City Staff] Date Received D _ 1-7 Zoning Permit Type Filing Fee $ I OVER /F GAcomm-dev\planningForms $ Handonts\Zoning Permit Application.doc ZONING PERMIT APPLICATION Planning Division OF 51 Winburn Way, Ashland OR 97520 c r FILE -ASHLAND 541-488-5305 Fax 541488-6006 i DESCRIPTION OF PROJECT DESCRIPTION OF PROPERTY Pursuing LEED® Certification? ❑ YES ❑ NO Street Address 06 d" &""r' Assessor's Map No, 391 E I Tax Lot(s) Bm Zoning Comp Plan Designation APPLICANT ))Name PLC I Phone E-Mail Address City ^ A4 114_d( ex_ zip PROPERTY OWNER Name t Phone / 23A( E-Mail A (4 Zip City Address SURVEYOR ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER Title Name Phone E-Mail Address City Zip Title Name Phone E-Mail Address City Zip I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects, true and correct. I understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their location found to be incorrect, the owner assumes full responsibility. I further understand that if this request is subsequently contested, the burden will be on me to establish: 1) that I produced sufficient factual evidence at the hearing to support this request; 2) that the findings of fact furnished justifies the granting of the request; 3) that the findings of fact furnished by me are adequate; and further 4) that all structures or improvements are properly located on the ground. Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to be remove my expense. If I have any doubts, l am advised to seek competent professional advice and assistance. Applic 's Signature Date As owner of the property involved in,this re est,1 ave read and understood the complete application and its consequences to me as a property r owner. ~ Property Owner's Signature (required) Date [ro be completed by City Staff] Date Received C 0 P 1-7 Zoning Permit Type Filing Fee d OVER 0 GAcomm-dev\planningTorms & Handouts~Zoning Permit Application.doc i+ 2 2. The ARU is not subject to the density or minimum lot area requirements of the zone. 3. The GHFA of the ARU (490 square feet) does not exceed 50% of the GHFA of the primary residence (984 / 2= 492 square feet), and does not exceed 1000 square feet. 4. The existing permitted detached guest house will be converted to the proposed ARU. The existing detached guest house conformed to the lot coverage and setback requirements at the time of construction. 5. The applicant is requesting one on-street parking credit, as there is 22' of uninterrupted curb abutting the property. b. Overlay zone: There is not overlay zone for the site, c. Site development and design standards. The existing buildings met the site development and design standards at time of construction, and there will be no changes made to the exterior of any building during the conversion of the existing permitted detached guest house into an ARU. d. City Facilities The existing buildings met the public facilities requirements at time of construction, and there will be no changes made to the exterior of any building during the conversion of the existing permitted detached guest house into an ARU. Tree Preservation/Protection/Removal: As the conversion of the existing detached guest house to the ARU will not affect the exterior of the building, there will be no impact on any the site trees. Per a conversation with the planning department, no Tree Protection Plan or Tree Protection Measures will be required. Response to tree protection plan requirements: (Section 18.4.5.030.6) 1. As there are no impacted trees, the tree information has not be provided The locations of the larger trees on the property have been identified on the site plan.. 2. As there are no impacted trees, the tree drip lines have noted been indicated. 3. As there are no impacted trees, the health and hazards of the trees have not been shown. 4. The location of roads, utilities and easements have been shown on the site plan. 5. There are no dry wells, drain lines, or soakage trenches. 6. The location of existing structures have been shown on the site plan. 7. There will be no grade change or cut and fill. F 1 ARU Planning Narrative and Responses to Planning Comments ate: 01/10/17 Applicant: Philip Simon 2970 Barbara St Ashland OR 97520 541-844-9980 Project Location: 2970 Barbara St Ashland OR 97520 Map and Tax Lot: 391E14BD 1300 Zoning: R-1-5, Single Family Residential Project Narrative: The subject property, tax lot 1300, is located on the south side of Barbara Street between Tolman Creek Road and Jaquelyn Street. The lot currently has one primary residence of approximately 984 square feet and a detached guest house of approximately 490 square feet. In total, tax lot 1300 is 6,956 square feet. The zoning is R-1-5, Single Family Residential. The applicant is requesting to convert the existing detached guest house to an Accessory Residential Unit (ARU) of approximately 490 square feet. The applicant is not proposing any exterior changes to the structure, there will be no change to the previously approved lot coverage or building square feet, and no trees are proposed for removal as part of this application. Response to Planning Comments: Site Design Review for Accessory Residential Unit (ARU): Response to approval criteria: (Section 18.5.2.050) a. Underlying Zone: 1. There will only be one ARU on the lot, and the maximum number of dwellings will not exceed two per lot. 3 8. The location of existing impervious surfaces have been shown on the site plan. 9. As there are no impacted trees, there is no contact person responsible for tree protection. 10. As there are no impacted trees, There will be no tree protection measures installed. Response to tree protection measure requirements: (Section 18.4.5.030.C) 1. As there are no impacted trees, there will be no fencing installed. 2. As there are no impacted trees, there will be no fencing installed. 3. As there are no impacted trees, there will be no signs installed. 4. No construction activity shall occur near any site tree, and no materials shall be dumped or stored near any trees. 5. As there are no impacted trees, the site trees will remain free of chemically injurious materials and liquids, construction debris and run-off. Parking: There are two existing off street parking spots on the lot. The applicant is requesting one on-street parking credit, as there is 22' of uninterrupted curb abutting the property. Landscaping and Open Space: The conversion of the existing detached guest house to the ARU will not have any impact on the site landscaping or open space. Existing landscaping and,open space calculations have been included on the Site Plan for review. Landscape Buffers: The conversion of the existing detached guest house to the ARU will not have any impact on the on-site parking spaces. Landscape and Irrigation Plan: The conversion of the existing detached guest house to the ARU will not have any impact on the existing landscaping or irrigation. Additional Elements: All additional elements required have been outlined on the Site Plan. The additional elements will be integrated into the proposal are as follows: Trash and Recycling for the ARU will be located in the garage below the ARU. 4 i Covered Pike Parking will be located below the exterior staircase accessing the ARU. New ARU Address Sign will be located on the street facing side of the Garage. New ARU Mailbox will be added near existing residence mailbox. Bicycle Parking: Three covered bicycle parking spaces (one for ARU and two for primary residence)will be provided below the exterior staircase accessing the ARU. New Electric Service: A separate electrical service/meter will be installed for the ARU near the existing meter. The location of the existing and proposed meters have been noted on the site plan. System Development Charges (SDC's): All SDC's will be paid along with the building permit fees. Utility Connection: The conversion of the existing detached guest house to the ARU will not have any impact on the lot utility connections. New Address: A new address for the ARU will be requested from the COA Public Works Department. i i3J K J,J Job Address: 2970 BARBARA ST Contractor: ASHLAND OR 97520 Address: C A Owner's Name: DONNELLY MICHAEL ~ Phone: N ~ Customer 08991 State Lie No: ~ PHILLIP SIMON Y City Lie No: L Applicant: R Address: A C C Sub-Contractor: A Phone: (541) 844-9980 T Address: N Applied: 01/10/2017 O T Issued: Expires: 07/09/2017 Phone: State Lie No: Maplot: 391 E14BD1300 City Lie No: DESCRIPTION: Site Design Review for 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 CITY Request Line: 541-552-2080 F 1 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 F