HomeMy WebLinkAboutAvery_383_PA-T1-2018-0040
Ir
CITY OF
ASHLAND
February 15, 2019
Notice of Final Decision
On February 15, 2019, the Comiuunity Development Director approved the request for the
following:
Planning Action: PA-TI-2018-00040
Subject Property: 383 Avery Street
Applicant: Sheila Foster
Description: A request to convert a 910 square-foot accessory structure/cottage into a
second dwelling unit at the property 383 Avery Street. The cottage was renovated in 2009 and
utilized as a bakery up until May 2016.
COMPREHENSIVE PLAN DESIGNATION: Multi-Family Residential; ZONING: R-2;
ASSESSOR'S MAP: 39 1E IOCC; TAX LOT: 3,900
The Community Development Director's decision becomes final and is effective on the 12`1' 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 Fotini Kaufman in the
Community Development Department at (541) 488.5305.
cc: Parties of record and property owners within 200 ft
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541A88-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
f }
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 1.2 days after the City mails the notice of decision.
Ti. 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 0-1-01- 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 Piling Procedure,
a. Notice of flppeal. 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. Tinre_for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of
decision is mailed.
C. Content of Notice ofAppeal. The notice of appeal shall be accompanied by the required filing fee and shall contain.
i. An identification of the decision being appealed, including the date of the decision,
ii. A statement demonstrating the person filing the notice of appeal has standing to appeal.
iii. A statement explaining the specific issues being raised on appeal.
iv. A statement demonstrating that the appeal issues were raised during the public comment period.
d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a
jurisdictional defect and will not be heard or considered.
3. Scope of Appeal. Appeal hearings on Type 1 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 docunfentation,
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: 549-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
ASHLAND PLANNING DEPARTMENT
FINDINGS & ORDERS
PLANNING ACTION: PA-T1-2018-00040
SUBJECT PROPERTY: 383 Avery St
APPLICANT/OWNER: Sheila Foster
DESCRIPTION: A request to convert a 910 square-foot accessory structure/cottage into a
second dwelling unit at the property 3 83 Avery Street. The cottage was renovated in 2009 and utilized as
a bakery up until May 2016.
COMPREHENSIVE PLAN DESIGNATION: Multi-Family Residential; ZONING: R-2;
ASSESSOR'S MAP: 39 1E I OCC; TAX LOT: 3,900
SUBMITTAL DATE: December 21, 2018
DEEMED COMPLETE DATE: January 14, 2018
STAFF APPROVAL DATE: February 15, 2019
DEADLINE TO APPEAL (4:30 p.m.): February 27, 2019
FINAL DECISION DATE: February 28, 2019
APPROVAL EXPIRATION DATE: August 28, 2020
DECISION
The proposal is to convert a detached 910 square-foot accessory structure into a second residential unit at
383 Avery Street.
The subject property is located near the northwest corner of Siskiyou and Avery Street. The surrounding
neighborhood is comprised- of a mix of multifamily properties, commercial properties, and single-family
homes. The subject property is zoned Multi-Family Residential (R-2). The zoning to the north, cast and
west of the subject property is Multi-Family Residential (R-2 and R-3). The area to the south -is
Commercial (C-1) and S OU property.
The subject property is 0.21 acres or 10,180 square-feet. The property is a rectangular lot with a single-
family residence oriented to Avery Street on the front portion of the lot. The residence and cottage were
originally built in 1928, and the cottage was renovated in 2009 to house a home-based bakery. The
residence is about 2,160 square-feet according to the application, and the cottage is 910 square-feet.
The development of the property is also required to conform to maximum lot coverage of 65-percent and
base setback requirements, The proposal indicates- the total lot coverage is 49-percent; the impervious
surface is about 5,063 square-feet, There are no proposed changes on the lot. The unit is already existing,
with its own address and electric meter. The lot coverage calculations in the application include driveway,
porches, walkways and building footprints. The existing, historic cottage did not meet rear and side
setbacks (legal non-conforming), but the addition from 2009 does meet setbacks.
The application for the unit greater than 800 square feet with one bedroom and the single-family home
requires four automobile parking spaces. The application demonstrates that four of these parking spaces
will be provided in the form of angled parking in the driveway. The parking configuration is an existing,
legal non-conforming parking arrangement that appears to be working for the property. It also avoids
PA-TI-2018-00040
383 Avery St/tk
Page I
parking under the tree's canopy to avoid stress to the tree. No on-street parking is available on that side
of Avery during the day.
No construction or changes to the site are proposed. Bike parking (inside the unit) and hash receptacle
area are both already existing. The unit has sufficient open space to the north of the unit (approximately
1,200 square-feet or 12-percent).
The application complies with all of the applicable provisions of the R-2 zoning district, and the Site
Development and Design Standards in AMC 18.4. The property is currently served by adequate City
facilities for water, sewer, storm drainage and electricity.
The applicants have submitted materials to the Planning Department that demonstrate compliance with
these approval standards,
The criteria for Site Review approval are described in AMC Chapter 18.5.2.050 as follows:
A. Underlying Zone: The proposal complies with all of the applicable provisions of the underlying zone (part
18.2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area,
lot coverage, building height, building orientation, architecture, and other applicable standards.
B. Overlay Zones: The proposal complies with applicable overlay zone requirements (part 18.3).
C. Site Development and Design Standards: The proposal complies with the applicable Site Development
and Design Standards of part 184, except as provided by subsection E, below.
D. City Facilities: The proposal complies with the applicable standards in section 18.4.6 Public Facilities and
that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to
and throughout the property and adequate transportation can and will be provided to the subject property.
E. Exception to the Site Development and Design Standards. The approval authority may approve
exceptions to the Site, Development and Design Standards of part 18.4 if the circumstances in either
subsection 1 or 2, below, are found to exist.
1. There is-a demonstrable difficulty meeting the specific requirements of the Site Development and
Design Standards due to a unique or unusual- aspect-of an existing structure or the proposed use of
a site; and approval of the exception will not substantially negatively impact adjacent properties and
approval of the exception is consistent with the stated purpose of the Site Development and Design;
and the exception requested is the minimum which would alleviate the difficulty.; or
2. There is no demonstrable difficulty in-meeting the specific requirements, but granting the exception
will result in a design that equally or better achieves the stated purpose of the Site Development and
Design Standards.
In staff's assessment, the application with the attached conditions complies with applicable ordinances
and meets all required criteria.
Planning Action #T1-2018-00040 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 #T1-
2018-00040 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
PA-T1-2018-00040
383 Avery StIflc
Page 2
3
modified herein.
2) That all necessary building permits for the second residential unit be obtained, including applicable
system development charges relating to the unit for water, sewer, storm water, parks, and
tr sportation, shall be paid prior to the issuance of a building permit.
9
B' 1- olnar, 'rector Date
PA-T1-2018-00040
383 Avery Stlik
Page 3
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 15, 2019 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-T1-2011-00040, 383 Avery Street.
eon
Signat of Employee
C:SUsersltrappMesktopkTenlalesWFIDAMT OF MAILINCLRegan.dxx 2J I 512019
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PA-T1-2018-00040 391E10CC 2400 HA-T1-2018-00040 391E10CC 2500 IIA-T1-2018-00040 391E10CC 2700
COBB BENAJAH BICAREY ALISON DELUCA REVOCABLE TRUST ET AL JAI AMBE LLC
367 BRIDGE ST 228 MORNINGLIGHT DR 1193 SISKIYOU BLVD
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2018-00040 391 E10CC 2800 PA-T1-2018-00040 391 E10CC 2801 PA-T1-2018-00040 391 E10CC 2900
COOK RICHARD G TRUSTEE ET AL COOK RICHARD G TRUSTEE ET AL JOHNSON PHILLIPIANDREA
PO BOX 692 PO BOX 692 374 AVERY ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 j
PA-T1-2018-00040 391 E10CC 3000 PA-T1-2018-00040 391 E10CC 3100 PA-T1-2018-00040 391 E10CC 3200
ROPERS MARK BIJENNIFER GIES STEVEN A TRUSTEE ET AL COSTER MARY
368 AVERY ST ! 652 S VALLEY VIEW RD PO BOX 271
ASHLAND, OR 97520 ASHLAND, OR 97520 BELVEDERE TIBURON, CA 94920
i
PA-T1-2018-00040 391EIOCC 3400 PA-T1-2018-00040 391EIOCC 3500 PA-T1-2018-00040 391E10CC 3600
FOSTER NANCY NEW LEAF BARNES JEFFREY L
190 CLEAVELAND RD 26 343 AVERY ST 6436 HAMPTON DR
PLEASANT HILL, CA 94523 ASHLAND, OR 97520 ANCHORAGE, AK 99504
PA-T1-2018-00040 391 E10CC 3700 PA-T1-2018-00040 391 E10CC 3800 PA-T1-2018-00040 391 E10CC 3900
MC DONALD DON AIARLEENE A MC DONALD DON AIARLEENE A FOSTER SHEILA
375 AVERY ST 375 AVERY ST 383 AVERY ST
ASHLAND, OR 97520 II ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2018-00040 391 E10CC 4000 ! PA-T1-2018-00040 391 E10CC 4100 PA-T1-2018-00040 391 E10CC 4200
FOSTER ROBERT RIFAY E HACKSTEDDE PAUL R MORNING GLORY MADNESS LLC
391 AVERY ST 12591 WILLIAMS HWY j 1149 SISKIYOU BLVD
ASHLAND, OR 97520 GRANTS PASS, OR 97527 ASHLAND, OR 97520
PA-T1-2018 00040 391E10CC 4400 PA-T1-2018-00040 391E10CC 4500 PA-T1-2018-00040 391E10CC 4600
ASHLAND MOTEL LLC ! WASSERMAN SARAH KATE JONES LAWRENCE D
1145 SISKIYOU BLVD 354 GARFIELD ST 1600 ASHLAND MINE RD
ASHLAND, OR 97520 j ASHLAND, OR 97520 ASHLAND, OR 97520 I
I
2/15/2019
383 Avery
NOD 21
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3 4 *`]liitl o'n~AEitor 1 - ~~~Jo~ tl$Y~ °1'f t,d.-'l~~
4 Planning Department, 51 Winburn Way, Ashland, Oregon 97520 { CITY OF
k 541-488-5305 Fax: 641-552-2050 www.ashland.or.us TTY: 1-800-735-2900
AS H LAN D
NOTICE OF APPLICATION
PLANNING ACTION: PA-T1-2018-00040
SUBJECT PROPERTY: 3 83 Avery Street
OWNER/APPLICANT: Sheila Foster
DESCRIPTION: A request to convert a 910 square-foot accessory struct►fre/cottage into a second dwelling unit at the
property 383 Avery Street. The cottage was renovated in 2009 and utilized as a bakery up until May 2016.
COMPREHENSIVE PLAN DESIGNATION: Multi-Family Residential; ZONING: R-2;
ASSESSOR'S MAP: 39 IT IOCC; TAX LOT: 3,900
NOTICE OF COMPLETE APPLICATION: January 14, 2019
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: January 28, 2019
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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 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 18.51.050.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. Ail 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:\conw,-derlplanninglPlanning Action Noticing PaldcAMailed \olices & SignsV019TA-TS-2018-00040.docs
SITE DESIGN AND USE STANDARDS
18.5.2,054
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, Exoepfion to t1ie .Slfe Developmeol 6n d Design Stand'ard,s. 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 duo 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.
G:4conun-deN~plarnning\Planning Actim Noticing Folde6lNlailed Notices & Signs1201%PA-T1-201$-000 i0.docx
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 January 14, 2019 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-T1-2018-00040, 383 Avery Street.
Signature of Employee
0.tike(sViapprWes41op17enp elesWFIDAMT OF P WUNG_Regan.d=111412019
l ,r _ tI i S 'y~ Ty y` } _
~(f ti D 1• t V ~ ` 3 'S; } ~ 1 • 1 Y`3 Y • } 1 E ` ~ ~~~'41l'-~rr~~l i~l 4~~t~~ -r r
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PA-T1-2018-00040 391E10CC 2400 PA-T1-2018-00040 391E10CC 2500 PA-T1-2018-00040 391E10CC 2700
COBB BENAJAH B/CAREY ALISON DELUCA REVOCABLE TRUST ET AL JAI AMBE LLC
367 BRIDGE ST 228 MORNINGLIGHT DR 1193 SISKIYOU BLVD
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2018-00040 391E10CC 2800 PA-T1-2018-00040 391E10CC 2801 PA-T1-2018-00040 391E10CC 2900
COOK RICHARD G TRUSTEE ET AL COOK RICHARD G TRUSTEE ET AL JOHNSON PHILLIPIANDREA
PO BOX 692 PO BOX 692 374 AVERY ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2018-00040 391E10CC 3000 PA-T1-2018-00040 391E10CC 3100 PA-T1-2018-00040 391E10CC 3200
ROPERS MARK B/JENNIFER GIES STEVEN A TRUSTEE ET AL COSTER MARY
368 AVERY ST 652 S VALLEY VIEW RD PO BOX 271
ASHLAND, OR 97520 ASHLAND, OR 97520 BELVEDERE TIBURON, CA 94920
PA-T1-2018-00040 391E10CC 3400 PA-T1-2018-00040 391E10CC 3500 PA-T1-2018-00040 391E10CC 3600
FOSTER NANCY NEW LEAF BARNES JEFFREY L
190 CLEAVELAND RD 26 343 AVERY ST 6436 HAMPTON DR
PLEASANT HILL, CA 94523 ASHLAND, OR 97520 ANCHORAGE, AK 99504
PA-T1-2018-00040 391 E10CC 3700 PA-T1-2018-00040 391 E10CC 3800 PA-T1-2018-00040 391 E10CC 3900
MC DONALD DON AIARLEENE A MC DONALD DON AIARLEENE A FOSTER SHEILA
375 AVERY ST 375 AVERY ST 383 AVERY ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
l
PA-T1-2018-00040 391 E10CC 4000 PA-T1-2018-00040 391 E10CC 4100 i PA-T1-2018-00040 391 E10CC 4200
FOSTER ROBERT RIFAY E HACKSTEDDE PAUL R MORNING GLORY MADNESS LLC
391 AVERY ST 12591 WILLIAMS HWY 1149 SISKIYOU BLVD
ASHLAND, OR 97520 GRANTS PASS, OR 97527 ASHLAND, OR 97520
PA-T1-2018-00040 391 E10CC 4400 PA-T1-2018-00040 391 E10CC 4500 PA-T1-2018-00040 391 E10CC 4600
ASHLAND MOTEL LLC WASSERMAN SARAH KATE JONES LAWRENCE D
1145 SISKIYOU BLVD 354 GARFIELD ST 1600 ASHLAND MINE RD
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
I
1114/2019
383 Avery
NOC 21
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ZONING PERMIT APPLICATION
Planning Division
or 51 `~rinbuni Way, Ashland OR 97520
cl
itx y o or D 541-488-5305 Fax 541-488-6006 FILE #
AS
DESCRIPTION OF PROJECT
DESCRIPTION OF PROPERTY Pursuing LEED® Certification? ❑ YES ❑ NO
Street Address __s c ~ U J
Assessor's Map No. 391 E I D Ci Tax Lot(s) I Q~
Zoning ~k-- l _ Comp Plan Designation
APPLICANT
Name Sh r(C C P~/ ~11~0i Phon l/ 6 E-Mail f'I C lC( d ~f s ~D
Address 21g z-, city Zip
PROPERTY OWNER
3
Name G4 V t/ Phone &ql E-Mail1e(~5~~~
Address CJ Citye _Zip
SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER
Title Name Phone E-Mail
Address City Zip
Title Name Phone E-Mail
Address City Zip
t 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 silo inspection. In the event the pins are not shown'or their
location found to be incorrect, the owner assumes full responsibility, f further understand that if this request is subsequently contested, the burden 01 be on me to
establish:
1) that l produced sufficlent 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.
Fail r fn thl egard''vilt resui st likely i not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to
remove t m xpenser f a any oub€s, lam advised to seek competent professipnat ad 'co and. ssistance.
Ap~ ica ft-Si' , attire Date
A ownerof g- roperty involy t this ast, t have read and understood the complete application and its consequences to me as a property
ovmer. i
Property Owner's Signal (required) Date
(To be compleied by City Staff]
Date Received Zoning Permit Type Filing Fee $
OVER
G:lcomm-devlplacninglFornts 8 HandaetslZonin~ Pemut Applicadaadoc
7
1. City of Ashland m Anoligation Narrative for 383„ Averv Street
Descrip#ion of ~~oi_eo~
Project Description: Request for dwelling permit to use existing 910 square
foot structure as a dwelling on R-2 zoned property.
Project Address: 383 Avery Street, Ashland, OR 97520
Project Desired Start Date: December 2018
Applicant
Applicant Name: Sheila Foster Carder
Mailing Address: 383 Avery Street, Ashland, OR 97520
Phone: 541-778-7356
Email: sheilaAfoster@gmaii.com
Property Owner
Owner Name: Sheila Foster
Property Address: 383 Avery Street, Ashland, OR 97520
Phone: 541-778-7356
Email:
Description of Property
Street Address: 383 Avery Street, Ashland, OR 97520
Assessor's Map No. 39 1E:
Tax Lot: 3900
1. Project Narrative
Project Overview
Sheila f=oster and lien Carder have lived at 383 Avery Street in Ashland since 2009. The
house and 630 sq. ft additional cottage were constructed in 1928. When Sheila f=oster
purchased the home in 2008, the cottage served as a dwelling and was being rented for
$750 per month. The cottage had its own electric meter and address (383 %2).
Subsequent renovations to the cottage in 2009 revealed that the cottage appeared to
have been used as a dwelling from at least the 1950's, if not earlier. The 2009
renovations to the accessory building in 2009, with associated permits, allowed for a
home-based organic bread bakery to utilize the existing cottage, with an addition of 280
feet. New plumbing and gas lines were installed at that time. The bakery closed in May
2016 and for the last year and a half, different options to continue use of the structure as
a home-based bakery have been explored. The decision has been made to apply to
convert the use of the building back to a dwelling in 2018.
Currently the .24 acre property includes a 2160 sq foot 3 bed/1 bath home and the now
910 sq. ft cottage. According to public records, both buildings (minus 280 sq foot addition
in 2009) were constructed in 1928. Based on utility records, the cottage has been used
383 Avery Street
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as dwelling since 1990 (as far back as Ashland utility records go) and most likely earlier,
based on our assessment during renovations, due to the age of plumbing, tiles, windows
and appliances. We are requesting a permit to convert the cottage back to a legal
dwelling.
Zoning of Project Property and Surrounding Properties
383 Avery Street is zoned R-2.
Southern and Western boundary properties are zoned C-1 and include Morning Glory
Restaurant (Southern adjoining property) and the Ashland Motel (Western adjoining
property).
Northern adjoining property is zoned R-2.
Avery Street serves as the Eastern Boundary.
Across the street, on the East side of Avery Street, the zoning is R-3.
Location of Existing Structures on Lot
Existing structures include:
1) One 2160 sq. ft 3 bed/1 bath single story home located 33.5 feet from Avery
Street, 39 feet from the Western (rear) boundary, 23.5 feet from the Southern
boundary and 16 feet from the Northern boundary. The house is owner occupied.
2) One 910 sq foot 1 bed/1 bath cottage located 11 feet from the main house, 3 feet
from the Western boundary (adjoining the Ashland Hotel), 3 feet from the
Southern boundary (adjoining Morning Glory Restaurant) and 42 feet from the
Northern Boundary.
Both units have their own electrical meters and their own mailing address - 383 and 383
% Avery Street.
According to the public record, both structures were built in 1928, and as noted above,
were used as dwellings for at least the last 30 years, except when we converted the
cottage to a home-based artisan bakery.
Additional Information/Property Details
1) Lot Dimensions: 128 'x 79' (approx .24 acre)
2) Total Gross footage of existing structures: 3070 square feet (29% of total lot)
3) Total number of stories on each structure: 1
4) Number and square footage of:
a) Existing dwelling units: 1 dwelling unit totaling 2160 sq ft (21% of total lot)
b) Existing cottage (structure built in 1928, permitted 280 sq ft addition in
2009, used as a dwelling from at least 1990-2009, used as a home-based
bakery from 2009-2016): 910 sq feet
Total square footage of structures: 1 dwelling unit of 2160 square feet total (includes
laundry and storage areas (21% of total lot) and one cottage totaling 910 sq feet (8% of
total lot) = 29% total of lot in dwelling units
5) Number and square footage of:
a) Structures: 3070 (existing), = 29%
b) Streets & Roads: N/A.
c) Parking Areas/Driveways: 1528 sq ft (existing) = 4 off-street parking spaces
383 Avery Street
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d) Recreation /areas. N/A
e) Landscaping: 5117 scq ft or 50% (existing);
f) Number of parking spaces: 4 on-site
Existing Sq Feet Percent Total
Lot
Structures 3070 29%
House 2,160
Cottage 910
ParlCing/Driveway 1528 15%n
Landscaping 5117 50%
Photographs of Site
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Existing Cottage in 2017 (with addition added in 2009) taken from east, facing west. Public
records show both house and cottage constructed in 1928,
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Driveway and off-street parking. Photo taken from West facing Avery Street (2016).
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Current available parking using proposed layout that preserves integrity of pine tree's roof
structure. d.
333 Avery Street
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View of existing parking showing pine tree and landscaping that protects tree's root structure. The
alternative of parking of all four vehicles along the fenceline requires encroaching upon the tree
and parking under the tree's canopy, which could cause stress to the tree. It is also less preferred
by our neighbors. The 20 feet of landscaping in the first portion of the driveway allows us to
preserve the tree and moves.parking up the driveway 20 feet. This configuration is how we have
been parking for years (with one or two vehicles * additional parking for guests). As the
homeowner, we park most frequently where the white truck is parked because it is immediately
adjacent to our side door, allowing us to easily unload groceries, etc. We would like to continue
the existing parking arrangement if possible, as it better protects the tree.
1 2010
383 Avery Street
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LOCATION! BILLING HISTORY FOR 383 1/2 AVERY ST
SINCE 1/1/1990
DATE : TYPE: RATE : AMOUNT-
- -
1/18/1990 NOTE SILL TOTAL 519.02
-
2/15/1990 NOTE BILL TOTAL 517.76
- - 3/19/1.990 NOTE BILL TOTAL 516.12
---------___--_m_-__--___-_-__---_-----------------------------------
3/23/1.990 NOTE BILL TOTAL S5.G7
11/13/1990 ELECTRIC CONNECT 50.00
12,110/1990 ELECTRIC 549.17
12/10/1990 STREET USR 51.08
12/10/1990 TAX TAX 512.29
12/12/1990 NOTE BILL TOTAL 562.54
1/7/1991 ELECTRIC 5:9.35
1/7/1991 STREET 0SR 51.20
1/7/1991 TAX TAX $19.84
Ctc~ rs~~ (fit t`~ q c5r~~ ~I-~ ~le
G1S Gc c um-( [L. , L{/\, Gtr °~Ll/` CAS ~ LA V1 GQ wol d
eLw-t•L eGt U' GL~~
p City of Ashland _
CoMMUnity Development Department PERMIT NUMBER
r = _ 51 Wlnburn Way PA-TI-2018-00040
- Ashland, OR 97520
_ Telephone: 541-488-5305p~yea1e: j2rzrzoia
Inspection Line: 541-552-2080
Plan Type: Type I Planning Action
Work Class: Type I Planning Action
Ma & Tax Lot Pro e Address <
391E10GC3900 383 Avery St
owner Informatioli Applicant Infonnation
Owner: Sheila Foster Applicant: Sheila Foster
Owner 383 Avery St Applicant 383 Avery St
Address: Ashland, OR 97520 Address: Ashland, OR 97520
Phone: (541) 778-7356 Phone: (541) 778-7356
Project Description .
Site review for existing cottage
Fees
Fee Description: Arnount:
Residential Site Review (Type 1) $1,142,00
Applicant: Date:
ITotal Fees: $1,142.00