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HomeMy WebLinkAboutHerbert_512_PA-T1-2018-00007 cav y OF I~ 1 1 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 Page 1 c 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 Page 4 c i 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 r I PA-T1-2018-00007 512 Herbert St/nre Page 5 is i r 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 I; r i% DocumeV 6/18/2018 i 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. 1 r 4 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 I-m - U) 414 ` LIJ UJ ' W I z FRIENDSHIP ST j _ SUBJECT PROPERTY W ' 512 HERBERT ST U' y PA-TI-208-00007 ~ i T n I - - ----.1 ! rz~ ASHLAND S -J 1i t ~ I 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 i AFFIDAVIT OF FAILING ti j 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. a Signature of Employee is I?'" s i C:IUserslsmithda.AFNHEIDesktop4AFFIDAVIT OF MAILING _ds.docx 5/9/2018 I 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 i 3,441 r ~F•. 4 a- 0 rrf ll 3~ See U-0: 00 T91 -36M I 117 T205 TD+ n~ a II:IiIjl~jI;ijIi;I:IiI 1:I: lip 111100 iiiiiiii, 11111 111! g g 1, glp jIggg: MEN ZONING IT APPLICATION \ Planning Division 51 Winburn Way, Ashland OR 97520 FILE # e A-SHL ND 541-488-5305 Fax 541-488-6006 f 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 i E I 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 E: WWI 1 - n~ FF= u r~~~ :may 1 . 1 NG~ I I AANIMOO V G - b G O f r ~ V 4 - r v u N e i J 01 II O ~ I U r a ® ~ I S f t ~i, t I t ~ ~ 1 i 1 ' 1 f i 1 t - - - - - - - t - - - - ~ ~ ~ ~ ~I k/ -76) I ~t i bl, r , ~ ~ ii I f✓ ~ ~ 1 yial(r. 4 ~lve'i~,l. a JI - I , r I - 4 I tg Il f r' a1 1? j L t SCALE: I DRAWN BY DATE REVISED DRAWING NUMBER 11 x 17 PRINTED ON NO. 1000H CLEARPRINT ® 14- t l~ ~ 1 t~ pd 61 e 1 eSY {I ~ u,. f ~ i Ii a ~ 1 F _ FMI 51 t ~ a 0 SCALED kt~ I !1~R , DRAWN BY I 15 DATE, REVISED 1 t l l 9 ~y ' ij q~l 't f'. :.SAq"l4Am ~e 1~`t"'t 41v -,s 4 , DRAWING NUMBER 11 X 17 PRINTED ON NO. 1000H CLEARPRINT ® J i VJ / j 44 RJ y t y c _ f o m e a f SCALE' DRAWN BY DATE: REVISED DRAWING NUMBER ti~ sin 3 ®ag 9 e a ~ _.m®~ Pte... 11 x 17 PRINTED ON NO. 1000H CLEARPRINT i 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 I" t e` Applicant: Date: Total Fees: $680.00