HomeMy WebLinkAboutHerbert_512_PA-T1-2018-00007
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June 18, 2018
Notice of Final Decision
On June 18, 2018, the Community Development Director approved the request for the following:
Planning Action: PA-T1-2018-00007
Subject Property: 512 Herbert St
Owner/Applicant: Ian Wessler
Description: A request for Site Design Review to convert an existing shop and studio
into a 600 square-foot Accessory Residential Unit (ARU), create a new mudroom, and add
covered bike parking at the property at 512 Herbert St. COMPREHENSIVE PLAN
DESIGNATION: Single Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 39 lE
09CD; TAX LOT: 3600.
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 Nathan Emerson in the
Community Development Department at (541) 488-5305.
cc: Pal-ties of record and property owners within 200 ft.
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
SECTION 18.5.1.050 'T'ype 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 affn7n, 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 ofNotice ofAppeal. The notice of appeal shall be accompanied by the required filing fee and shall contain.
i. An identification of the decision being appealed, including the date of the decision.
ii. A statement demonstrating the person filing the notice of appeal has standing to appeal.
iii. A statement explaining the specific issues being raised on appeal.
iv. A statement demonstrating that the appeal issues were raised during the public comment period.
d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a
jurisdictional defect and will not be heard or considered.
3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before the
Planning Commission. The appeal shall not be limited to the application materials, evidence and other documentation,
and specific issues raised in the review leading up to the Type I decision, but may include other relevant evidence and
arguments. The Commission may allow additional evidence, testimony, or argument concerning any relevant
ordinance provision.
4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type II public hearing procedures,
pursuant to section 18.5.1.060, subsections A - E, except that the decision of the Planning Commission is the final
decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the
adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of
Appeals, pursuant to ORS 197.805 - 197.860.
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050 \
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.onus L/L__ \J
ASHLAND PLA~'L NING DEPARTMENT
FINDINGS & ORDERS
PLANNING ACTION: PA-T_1-2018-00007
SUBJECT PROPERTY: 512 Herbert St
APPLICANT/ OWNER: Ian Wessler
DESCRIPTION: A request Tor Site Design Review to convert an existing shop and studio
into-a 600 square-foot Accessory Residential Unit (ARU), create a new mudroom, and add covered bike
parking at the property at 512 Herbert St.
COMPRE HENSIVE PL DESIGNATION: Single Family Residential; ZONING: R-1-7.5;
ASSESSOR'S MAP: 39 lE 09CD; T LOT: 3600
S MITTAE-DATE: April 23; 2018
DEEMED COMPLETE DATE: May 9, 2018
STAFF APPROVAL DATE: June 18, 2018
DEADLINE TO APPEAL (4:30-p.m.): July 2, 2018
FINAL DECISION DATE: July 3, 2018
APPROVAL-EXPIRATION DATE: January 3, 2020
DECISION
Subject Property
The proposal is to convert a detached shop and studio building into an Accessory-Residential TJnit (ARU
on the east side of the property at 512 Herbert St. The applicant would also build a new mudroom and
covered bike parking and storage.
The subject property is located on the south side of Herbert St. It is near the intersection of Herbert St and
Courtney St. To the south is the lot known as the Cottle-Phillips property that is owned by the City of
Ashland and used as a city park. The rest of the surrounding neighborhood is comprised-of almost entirely
single family homes. The subject property is zoned Single Family Residential (R-1-7.5). The zoning to
the north, east, and west of the subject property is Single Family Residential (R-1-7.5) while the area to
the south is the-larger lot Single Family Residential zone (R-1-10).
The subject property is listed as .52 acres o_r_22,652 square fees in size by the Jackson County assessor.
The property is currently occupied by a single-family residence and the detached structure. The-residence
was built in 1958 and is a-one-story structure.
In the past there was a question as to who owned the sou:±hernmost 20 ft of the lot. The City believed that
an 1889 deed transferred the southerly 20 ft of the property to the City's ownership. The applicant
submitted documentation showing that the city filed a quitclaim deed to this portion of the property in
1997. In addition, a copy of a letter from the City attorney of the time was provided that showed, in his
opinion, the City had no claim through either deed or adverse possession. The original transfer in 1889
was considered not valid as the entity that claimed ownership was unable to prove it did in fact own the
property, thus rendering the transfer void.
In 1993 the site was approved for an ARU in planning action 93-144. The applicant has stated that the
PA-T1-2018-00007
512 Herbert St/nre
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home has since been remodeled and the dwelling unit removed. The most recent Jackson County Assessor
survey shows only a single dwelling unit and one kitchen. A condition will be added to the approval that
requires the signing of a no kitchen agreement that limits the primary dwelling to one usable kitchen.
The proposed ARU will convert the existing 600 square foot studio. The proposal will add a kitchen and
new bathroom along with new skylights. The tenant will have access to- a private patio garden. The
applicant will add storage and bike parking-to the north side of the existing structure. Per the applicant,
the total proposed impervious surface will be 7,635 square feet, which includes- the existing impervious
surface and the proposed minor improvements.
The approval standards require that an Accessory Residential Unit (ARU) in an R-1 zone does not exceed
50% of the gross habitable floor area (GHFA) of the primary residence on the lot and shall not exceed
1,000 square feet. The main structure is given as 2,728 square feet. The proposed ARU is 600 square feet,
thus meeting the size requirements.
The development of the property is also required to conform to maximum lot coverage of 45% and base
setback requirements. The proposal indicates the total lot coverage will be approximately 33%. The
proposal provided a site plan showing that the structures- will comply with setback requirements. The
applicant notes that there is a lot line discrepancy on the east side of the lot, but the structure and
improvements will not be encroaching into the-disputed-area and will still meet setbacks.
The applicant-did calculate the solar setback nor the new bike parking and shows that it complies with the
ordinance. The solar calculations will need to be included with any building permits.
Site Design Review
An ARU is required to-meet Site Design Review standards.
The new development will need to meet the underlying zone requirements. The applicant has shown that
most of the requirements are satisfied. However, the proposed bike parking does not meet the front yard
setback requirement. The final building submittal will need to show that the bike parking meets the
setbacks for the zone.
The lot is located in the City's- Hillside overlay zone. The proposal will not be disturbing or developing
in areas over 25% and thus do not require a Physical and Environmental constraints permit.
The ARU is greater than 20 feet from Herbert St and-thus is not required-to orient to the street. Parking is
accommodated near the driveway entrance.
The application for a single family home with an ARU of more than 500 square feet requires. four
automobile parking spaces. The applicant has-submitted- a site plan showing that four vehicles can-be
-accommodated in the existing parking area. In addition, parking is available on Herbert St. Two bike
parking spots will be provided in the proposed bike parking area. The bike parking will need to meet the
standards of 18.4.3.070 of the Ashland Land Use Ordinance.
The property is required to have 8% of the lot available as open space for use of the tenants. The applicant
has indicated that this will be met by the ARU's private patio and that the tenants will have access to all
open space on the property, including the pool and vegetable gardens near the main house.
PA-T1-2018-00007
512 Herbert St/nre
Page 2
The existing landscaping is mature and has been in place for many years. Multiple large and mature trees
are in place and the applicant has indicates that no trees will be distur bed during construction.
The property is currently served by adequate City facilities for water, sewer, storm drainage and electricity.
A separate electric meter will be installed. The applicant has indicated that he has consulted with the
Electric department and that electrical service may need to be upgraded to handle any additional load. If
needed, the applicant will have the upgrades installed.
The applicants have submitted materials to the Planning Department that demonstrate compliance with
approval standards.
The criteria for an Accessory Residential Unit are described in C Chapter 18.2.3.040, as
follows:
A- R-I 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
5-0 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.
The criteria for Site Review approval are described in AMC Chapter 18.5.2.050 as follows:
A. Underlying Zbne: 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 cover-age, building height, building orientation, architecture, and other applicable standards.
D. Overlay Zones: The- proposal complies with applicable overlay zone requirements (part 1-8.3).
C. Site Development and Design Standards: The proposal complies wit hhe 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..5 Public Facilities and
that-adequate capacity or 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.
PA-T1-2018-00007
512 Herbert St/nre
Page 3
1. There is a demonstrable difficulty meeting the specific requirements of the Siie-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 #PA-T1-2018-00007 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
#PA-T1-2018-00007 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 al-1 necessary building permits fog the accessory residential unit (ARU) shall be obtained, and
associated fees and charges including applicable system development-charges relating to the ARU
for water, sewer, storm water, parks, and transportation, shall be paid prior to the issuance of a
building permit.
3) That the plans submitted for the building permit shall be in conformance with those approved as
part of this application. If the plans submitted for the -building permit are not in substantial
conformance with those approved as part of this application, an application to modify the Site
Review approval would need-to be submitted and approved prior to issuanm of a building permit.
Building permit submittals shall include:
a. Lot coverage calculations including all building footprints, driveways, parking, and
circulation areas shall be provided with the Building Permit. Lot coverage shall be limited
to no more than 45 percent as required in the R-1-7.5 zoning district.
b. Solar setback calculations demonstrating- that all new construction complies with Solar
Setback Standard-A-in the formula [(Height - 6)/(0-.,&. 45 + Slope) = Required Solar Setback f
and elevations or cross section drawings clearly identifying the highest shadow producing
point(s) and the height(s) from natural grade.
c. Bike parking that meets all underlying zone requirements, including front yard setbacks.
4) That prior to the issuance of a -certificate of-occupancy:
a) That a separate -electric service and meter for the accessory residential unit shall be installed
in accordance with Ashland Electric-Department requirements.
b) That a separate address for the accessory residential unit shall be applied for 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.
PA-T1-2018-00007
512 Herbert St/nre
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c) All bicycle parking shall be installed according to the approved building permits, inspeete&,
and approved by the Staff Advisor.
9
dill Molnar Community Development Director Date
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PA-T1-2018-00007
512 Herbert St/nre
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AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Jackson )
The undersigned being first duly sworn states that:
1. I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On 6/18/181 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 #T1-2018-00007, 512 Herbert.
Signature of Employee
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DocumeV 6/18/2018
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PA-T1-2018-00007 391E09CD 4800 PA-T1-2018-00007 391E09CD 3900 PA-T1-2018-00007 391E09CD 5100
ACEBO CHRISTOPHER ARCHIBALD SANDRA WRAY TRUSTEE BANNERMAN JOHN ET AL
495 JENNIFER ST 1023 LINDA AVE 446 TERRACE ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2018-00007 391E09CD 801 PA-T1-2018-00007 391E09CD 3700 PA-T1-2018-00007 391E16BA 1200
BARNARD JOANNE R/MARK BLEICHER ARNOLD H TRUSTEE ET AL BOSMA P ALLEN AND VENESSA JOINT
20347 CLAY ST 520 HERBERT ST FA ET AL
CUPERTINO, CA 95014 ASHLAND, OR 97520 400 ASHLAND ST
ASHLAND, OR 97520
PA-T1-2018-00007 391E16BA 1000 PA-T1-2018-00007 391E09CD 3302 PA-T1-2018-00007 391E09CD 5200
CARROLL ROBERT S COPELAND MARGARET H FORSTNER KATHLEEN L TRUSTEE
380 ASHLAND ST 462 JENNIFER ST P 0 BOX 1303
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2018-00007 391E09CD 3304 PA-T1-2018-00007 391E16BA 1401 PA-T1-2018-00007 391E09CD 5300
HART JEFFREY L/SHIZUE HILLENGA MARK ALAN HOOD FREDERIC C JR TRUSTEE ET AL
1-9-33-501 USHITA WASEDA 1480 CREEKVIEW LN 520 TERRACE ST
HIGASHI-KU HIROSHIMA, 732 SANTA CRUZ, CA 95062 ASHLAND, OR 97520
PA-T1-2018-00007 391 E09CD 3200 PA-T1-2018-00007 391 E16BA 900 PA-T1-2018-00007 391 E09CD 3401
KATZ DAVID W TRUSTEE ET AL KUNY FREDERICK/P A FISHER LARNERD STACEY N
481 HERBERT ST 410 ASHLAND ST 492 HERBERT ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2018-00007 391 E09CD 4600 PA-T1-2018-00007 391 E09CD 700 PA-T1-2018-00007 391 E09CD 3800
LITTLE CHARLES R TRUSTEE ET AL PARKER THOMAS ALAN TRUSTEE ET AL PERLE ELIZABETH K TRUSTEE ET AL
465 JENNIFER ST 5000 FULTON AVE 491 COURTNEY ST
ASHLAND, OR 97520 SHERMAN OAKS, CA 91423 ASHLAND, OR 97520
PA-T1-2018-00007 391E09CD 3500 PA-T1-2018-00007 391E09CD 3701 PA-T1-2018-00007 391E09CD 3400
PRUFER CARL ET AL SHAFF GARY L/BARBARA SCHACK SPADE DIANA JUDITH TRUSTEE ET AL
502 HERBERT ST 516 HERBERT ST 480 HERBERT ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2018-00007 391 E09CD 3300 PA-T1-2018-00007 391 E09CD 3600 PA-T1-2018-00007 391 E09CD 4700
WATSON JAMES R/SUSAN E WESSLER IAN D TRUSTEE ET AL WILHELM PETER TRUSTEE ET AL
515 GUTHRIE ST 512 HERBERT ST 475 JENNIFER ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
512 Herbert
NOD 6/18/18
24
I,
Nathan Ernersun
From: Ian Wessler <wesslerdesign@gmail.com>
Sent: Wednesday, May 30, 2018 10:15-AM
To: Nathan Emerson
Subject: Re: 512 Herbert
Hello Nathan,
Thanks for the update. Let me know what the `findings' are for the ARU.
You are correct, the apartment unit in the main dwelling was removed and remodeled during previous work.
Thank you, Ian
On May 30, 2018, at 9:36-AM, Nathan Emerson <nathan.emerson(a ashland.or.us> wrote:
Hello Ian,
The comment period-is over so we will start working on the findings for your ARU application.
-1 know we've spoken about this before, but you do not-have a separate accessory dwelling unit already
in existence on the property, correct?
Per my recollection, the existing unit in the main dwelling was remodeled and removed during previous
work.
Thank you,
Nathan Emerson
Assistant Planner
City of Ashland, Community Development Department
20 E. Main St.,-Ashland, OR 97520
541.552.2052 Tel" 800.735.2900 TTY
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) 552-2052. Thank
you.
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Planning Department, 51 Winburn Way, Ashland, Oregon 97520
541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900
A _
NOTICE OF APPLICATION
PLANNING ACTION: PA-T1-2018-00007
SUBJECT PROPERTY: 512 Herbert St
OWNERIAPPLICANT: Ian Wessler
DESCRIPTION: A request for Site Design Review to convert an existing shop and studio into a 600 square-foot Accessory
Residential Unit (ARU), create a new mudroom, and add covered bike parking at the property at 512 Herbert St.
COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5;
ASSESSOR'S MAP: 391 E 09CD; TAX LOT: 3600
NOTICE OF COMPLETE APPLICATION: May 9, 2013
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: May 23, 2013
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The Ashland Planning Division Staff has received a complete application for the property noted above.
Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn Way,
Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above.
Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice
is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the comment period
and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice
of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staff's decision must
be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.5.1.050.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:\convn-dev\planning\Planning Actions\Noticing FolderWailed Notices & Signs\2018\PA-TI-2018-00007.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
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 a andards. 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.
GAcmnm-dev\planning\Planning Actions\Noticing FolderWaited Notices & Signs\2018\PA-TI-2018-00007.docx
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AFFIDAVIT OF FAILING
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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 May 9, 2018 1 caused to be mailed, by regular mail, in a sealed
envelope with postage fully prepaid, a copy of the attached planning action notice to
each person listed on the attached mailing list at such addresses as set forth on this list
under each person's name for Planning Action #PA-TI-2018-00007, 512 Herbert Street.
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Signature of Employee
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C:IUserslsmithda.AFNHEIDesktop4AFFIDAVIT OF MAILING _ds.docx 5/9/2018
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9PA-2018-00007 391 E09CD 4800 PA-2018-00007 391 E09CD 3900 PA-2018-00007 391 E16BA 1205
ACEBO CHRISTOPHER ARCHIBALD SANDRA WRAY TRUSTEE ASHLAND CITY OF
495 JENNIFER ST ET AL 20 EAST MAIN ST
ASHLAND, OR 97520 1023 LINDA AVE ASHLAND, OR 97520
ASHLAND, OR 97520
PA-2018-00007 391 E09CD 5100 PA-2018-00007 391 E09CD 801 PA-2018-00007 391 E09CD 3700
BANNERMAN JOHN ET AL BARNARD JOANNE R/MARK BLEICHER ARNOLD H TRUSTEE ET AL
446 TERRACE ST 20347 CLAY ST 520 HERBERT ST
ASHLAND, OR 97520 CUPERTINO, CA 95014 ASHLAND, OR 97520
PA-2018-00007 391 E16BA 1200 PA-2018-00007 391 E16BA 1000 PA-2018-00007 391 E09CD 3302
BOSMA P ALLEN AND VENESSA JOINT CARROLL ROBERT S COPELAND MARGARET H
FA ET AL 380 ASHLAND ST 462 JENNIFER ST
400 ASHLAND ST ASHLAND, OR 97520 ASHLAND, OR 97520
ASHLAND, OR 97520
PA-2018-00007 391 E09CD 5200 PA-2018-00007 391 E09CD 3304 PA-2018-00007 391 E16BA 1401
FORSTNER KATHLEEN L TRUSTEE ET HART JEFFREY L/SHIZUE HILLENGA MARK ALAN
AL 1-9-33-501 USHITA WASEDA 1480 CREEKVIEW LN
P 0 BOX 1303 HIGASHI-KU HIROSHIMA, 732 SANTA CRUZ, CA 95062
ASHLAND, OR 97520
PA-2018-00007 391 E09CD 5300 PA-2018-00007 391 E09CD 3200 PA-2018-00007 391 E16BA 900
HOOD FREDERIC C JR TRUSTEE ET AL KATZ DAVID W TRUSTEE ET AL KUNY FREDERICK/P A FISHER
520 TERRACE ST 481 HERBERT ST 410 ASHLAND ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2018-00007 391 E09CD 3401 PA-2018-00007 391 E09CD 4600 PA-2018-00007 391 E09CD 700
LARNERD STACEY N LITTLE CHARLES R TRUSTEE ET AL PARKER THOMAS ALAN TRUSTEE ET AL
492 HERBERT ST 465 JENNIFER ST 5000 FULTON AVE
ASHLAND, OR 97520 ASHLAND, OR 97520 SHERMAN OAKS, CA 91423
PA-2018-00007 391 E09CD 3800 PA-2018-00007 391 E09CD 3500 PA-2018-00007 391 E09CD 3701
PERLE ELIZABETH K TRUSTEE ET AL PRUFER CARL ET AL SHAFF GARY L/BARBARA SCHACK
491 COURTNEY ST 502 HERBERT ST 516 HERBERT ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2018-00007 391 E09CD 3400 PA-2018-00007 391 E09CD 3300 PA-2018-00007 391 E09CD 3600
SPADE DIANA JUDITH TRUSTEE ET AL WATSON JAMES R/SUSAN E WESSLER IAN D TRUSTEE ET AL
480 HERBERT ST 515 GUTHRIE ST 512 HERBERT ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2018-00007 391 E09CD 4700 May 9, l
WILHELM PETER TRUSTEE ET AL 512 Herbert NOC
475 JENNIFER ST 25
E'
ASHLAND, OR 97520
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ZONING IT APPLICATION
\ Planning Division
51 Winburn Way, Ashland OR 97520 FILE #
e
A-SHL ND 541-488-5305 Fax 541-488-6006
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DESCRIPTION OF PROJECT
DESCRIPTION OF PROPERTY Pursuing LEED® Certification? ❑ YES NO
Street Address / k
Assessor's Map No. 391 E Tax Lot(s)
Zoning Comp Plan Designation
APPLICANT
Name Phone J E Mail V I~~ l ° vr1
City Zi
Address 7 a p
PROPERTY OWNER
Name Phone 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
1 hereby, certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects,
true and correct. /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 or improvements are properly located on the ground.
Failure ' this regard will result most likely in no y the request being set aside, but also possibly in my structures being built in reliance thereon being required to
be re ed at my expe f I have any ts, l a ised to seek competent- professional advic and assista ce.
~d
Ap icant's S gnature Dat
As own of the property involved in this reque v ead and understood the complete application and its consequencesto me as a property
owner
(_\ya-_2_(2,
operty Ow r s Signature (required) Da
[To be completed by city St ffj
Date Received Zoning Permit Type Filing Fee $
OVER 0
GAcomm-dev\plmming\Fo ms & Handouts\Zoning Permit Application.doc
i
ZONING PERMIT SUBMITTAL REQUIREMENTS
❑ APPLICATION FORM must be completed and signed by-both applicant and property-owner.
❑ FINDINGS OF FACT - Respond to the appropriate zoning requirements in the form of factual statements or
findings of fact and supported by evidence. List the findings criteria and the evidence that supports it. Include
information necessary to address all issues detailed in the Pre-Application Comment document.
❑ 2 SETS OF SCALED PLANS no larger than 11"x17". Include site plan, building elevations, parking and landscape
details. (Optional -1 additional large set of plans, 2'x3', to use in meetings)
❑ FEE (Check, Charge or Cash)
❑ LEED® CERTIFICATION (optional) - Applicant's wishing to receive priority planning action processing shall
provide the following documentation with the application demonstrating the completion of the following steps:
® Hiring and retaining a LEED®-Accredited Professional as part of the project team throughout design and
construction of the project; and
® The LEED® checklist indicating the credits that will be pursued.
NOTE:
® Applications are accepted on a first come, first served basis.
® Applications wdl not be accepted without a complete application form signed by the applicant(s) AND property
owner(s), all required materials and full payment.
® All applications received are reviewed for completeness by staff within 30 days from application date in accordance
with ORS 227.178.
The first fifteen COMPLETE applications submitted are processed at the next available Planning Commission
meeting. (Planning Commission meetings include the Hearings Board, which meets at 1:30 pm, or the full Planning Commission, which
meets at 7:00 pm on the second Tuesday of each month. Meetings are held at the City Council Chambers at 1175 East Main St).
® A notice of the project request will be sent to neighboring properties for their comments or concerns.
® If applicable, the -application will also be reviewed by the Tree and/or Historic Commissions.
i
G:komm-dev\planningTorms & Handouts\Zoning Pemiit Applicafion.doc
f
4- I
TO: ASHLAND PLANING DIVISION
512 Herbert Street - ARU Application
Owner: Wessler, Ian D
Customer 09328
Date:4 - 18- 18
Project Description: Re-model existing Shop and Art Studio into a one bedroom cottage;
Accessory Residential Unit (ARU)
Narrative:
Utilize the existing, and permitted (#0010037), shop and studio structure to create a
rental cottage (ARU) with a total square footage of approximately 600 sq.ft. Interior
changes are required to add a full kitchen and bathroom. The project includes adding
the square footage of a fully enclosed and covered 'mudroom' entry. Some windows will
be modified and added in the new kitchen area. Skylights will be added to the kitchen
and proposed bedroom area. See the complete set of plans for further details.
The existing structure is surrounded by an irrigated and mature landscape. The tenants
will have direct access to a private patio garden, and will have full recreation use of the
pool area and vegetable garden adjacent to the east and south sides of the main house.
Multiple fruit trees, and other garden areas are intended to be shared and maintained by
all residents. Existing gates allow for full access to the City Open Space and trails that
are adjacent to the property. The existing greenhouse on the property is intended as a
resource to be utilized by all residents provided they participate in regular gardening
activities through out the year.
The ARU is greater than 500 sq. ft. and therefore two off-street vehicle parking spaces,
in addition to the two available for the main house, have been provided in the existing
driveway area. There is also ample on-street parking in the neighborhood. An
additional gravel parking area for a small trailer or camper will be available on the north
side of the ARU. Two or more sheltered bicycle parking spaces will be provided in a
covered area on the north side of the ARU. See plans for exact location.
The bicycle parking shelter on the north side, as well as the proposed mudroom entry,
comply with the city solar ordinance. See calculations provided on the separate
worksheet in the set of plans. Lot coverage requirements are not an issue due to the
large square footage of the lot: 200'x 132'. The current total of impermeable surfaces,
including the proposed ARU, is approximately 7,635 sq. ft. and the lot is approximately
26,400 sq. ft.
The site is in the City Hillside Zone, but no development is expected to occur on grades
greater than 25%. Multiple large and mature trees are on the site and are not within the
projected construction areas. All trees will be easily preserved and protected during
development and a protection plan is not needed. The existing driveway provides
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complete access to the building site for all materials, workers and equipment.
l
Please note that the location of the property line to the east of the structure has various
discrepancy issues. Surveyor services were employed to reasonably verify, on site, that
there is proper set-back distance between the structure and the easterly property line.
The Jackson County overlay map is not accurate in this regard.
All utilities, including natural gas and sewer line will come from the main house.
Systems Development Charges will be fully paid prior to occupancy. A separate electric
meter will be installed on the south side of the main house. After consulting with Dave
Tygerson, of the City Electrical Department, it has been determined that a two-pack
meter base and possibly a new weather head will need to be installed at the main house
service location. It is understood that the overhead service may need upgrading to
handle the extra load. A map showing the existing overhead service has been provided
by Dave Tygerson and is attached to the preliminary application materials.
Ashland Fire and Rescue have indicated the need for a new address to be given to the
ARU. An application to the City Office will be made and the building numbers will be
posted as specified by the the Fire Department comments. As shown on the site plans,
the Fire Apparatus Access Approach and Apparatus Access for a Single Residential Lot
have been met. The main driveway leads directly to the ARU and the unit is less than
150' from the fire hydrant. There is also a Fire Hydrant located less than 150' to the
south of the structure.
The home owner intends to supervise and do much of the work himself. Licensed
contractors will be sought for all aspects of the project that require professional services
and permits will be pulled by the home owner and the various contractors. Contractors
have not yet been chosen for the project. Plans have been submitted for the specific
approvals sought and the applicant has attempted to provide all the information
demonstrating compliance with all conditions of approval for the project. Completion ,
final inspection, and occupancy are scheduled for Fall 2018.
Thank you,
Ian Wessler Cell: 541-951-1373
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City of Ashland
% Community Development Department PERMIT NUMBER
51 Winburn Way PA-T1-2018-00007
\ Ashland, OR 97520
\ Telephone: 541-488-5305 PPIy Date: 4/23/2018
Inspection Line: 541-552-2080 r`
Plan Type: Type I Planning Action
Work Class: Type I Planning Action
Mats II: Tax Lot I Property Address
391 E09CD3600 512 Herbert St
Owner Information Applicant Information y~ -
Owner: Applicant: Ian Wessler
Owner Applicant 512 Herbert St
Address: Address: Ashland, OR 97520
Phone: Phone: -
Project Description
Fees
Fee Description: Amount:
Accessory Residential Unit (Type 1) $680.00
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Applicant: Date:
Total Fees: $680.00