HomeMy WebLinkAboutHillview_833_PA-2018-00522
CITY OF
-ASH LAN D
April 25, 2018
Notice of Final Decision
On April 25, 2018, the Community Development Director approved the request for the
following:
Planning Action: PA-2018-00522
Subject Property: 833 Hillview Drive
Applicant/Owner: Rogue Planning & Development Services/Dorothy & Rich Walsh
Description: A request for Site Design Review to convert a portion of the Single
Family Residence proposed for construction into a 448 square-foot Accessory Residential Unit
(ARU). COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING:
R-1-7.5; ASSESSOR'S MAP: 39 lE 15AC; TAX LOT: 402
The Community Development Director's decision becomes final and is effective on the 12"i 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: 541-488-5305
51 Winbum Way Fax: 541-552.2050
Ashland, Oregon 97520 TTY: 800-735-2900
wwiv.asbland.or.us ILM
SECTION 18.5.1.050 Type I Procedure (Administrative Decision with Notice)
E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to
subsection 18.5.1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision.
F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below.
1. Any party entitled to notice of the planning action, or any City department may request reconsideration of the action
after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no
fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision.
Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence
during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity
to respond to the issue prior to malting a decision.
2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall
decide within three days whether to reconsider the matter.
3. If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the
decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse
the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any
party entitled to notice of the planning action.
4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the
reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration.
G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following:
1. Who May Appeal. The following persons have standing to appeal a Type I decision.
a. The applicant or owner of the subject property.
b. Any person who is entitled to written notice of the Type I decision pursuant to subsection
18.5.1.050.B.
c. Any other person who participated in the proceeding by submitting written comments on the application to the
City by the specified deadline.
2. Appeal Filing Procedure.
a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.050.G.1, above, may
appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of
this subsection. The fee required in this section shall not apply to appeals made by neighborhood or community
organizations recognized by the City and whose boundaries include the site. If an appellant prevails at the
hearing or upon subsequent appeal, the fee for the initial hearing shall be refunded,
b. Time for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of
decision is mailed.
c. Content of Notice of Appeal. The notice of appeal shall be accompanied by the required filing fee and shall
contain.
i. An identification of the decision being appealed, including the date of the decision.
ii. A statement demonstrating the person filing the notice of appeal has standing to appeal.
iii. A statement explaining the specific issues being raised on appeal.
iv. A statement demonstrating that the appeal issues were raised during the public comment period.
d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a
jurisdictional defect and will not be heard or considered.
3. Scope of Appeal. Appeal hearings on "Type I decisions made by the Staff Advisor shall be de novo hearings before
the Planning Commission. The appeal shall not be limited to the application materials, evidence and other
documentation, and specific issues raised in the review leading up to the Type I decision, but may include other
relevant evidence and arguments. The Commission may allow additional evidence, testimony, or argument
concerning any relevant ordinance provision.
4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type II public hearing procedures,
pursuant to section 18.5.1.060, subsections A - E, except that the decision of the Planning Commission is the final
decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the
adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of
Appeals, pursuant to ORS 197.805 - 197.860.
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305
51 Winbum Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.onus ~r
ASHLAND PLANNING DEPARTMENT
FINDINGS & ORDERS
PLANNING ACTION: PA-2018-00522
SUBJECT PROPERTY: 833 Hillview Drive
APPLICANT: Rogue Planning & Development Sei vices
OWNER: Dorothy and Rich Walsh
DESCRIPTION: A request for Site Design Review to convert a portion cf the Single Family
Residence proposed for construction into a 448 square-foot Accessory Residential Unit (ARU).
COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5;
ASSESSOR'S MAP: 39 1E 15AC; TAX LOT: 402
SUBMITTAL DATE: Mach 16, 2018
DEEMED COMPLETE DATE: March 23, 2018
STAFF APPROVAL DATE: April 25, 2018
DEADLINE TO APPEAL (4:30 p.m.): April 30, 2018
FINAL DECISION DATE: May 9, 2018
APPROVAL EXPIRATION DATE: November 9, 2019
DECISION
Subject Properly
The subject property is located on the west side of Hillview Drive between Harmony Lane and Beswick
Way. The surrounding neighborhood is comprised of single-family homes. The subject property is zoned
Single-Family Residential (R- 1-7.5). The zoning to the north of the subject property is Commercial (C-1)
and Low Density Multi-Family (R-2). Single-Family Residential (R-1-7.-5 and R-1-10) zoning surrounds
the property to the west, east and south.
The subject property is 10,434 square feet in size and a flag lot. A 1,987 square-foot residence is currently
being constructed on the property along with a 448 square foot detached one car garage.
The impervious surface is approximately 3,341 square-feet. The 200 square-foot porous solid surface
exemption was utilized for the paths and patio. The total consists of the house and garage footprint,
improved driveway, and parking areas. A 21 square-foot shed roof structure is proposed to be installed at
the back of the one car garage or along the east walI of the ARU, which will cover the exterior bike parking
spaces. The-lot coverage is 43-percent, which is under 45-percent, the maximum. allowed. Lot coverage is
not proposed to be changed or increased as a result of the ARU. The ARU is going to be located within
the footprint of the residence to be built -on the lot. Because of the lot's unusual flag shape, the long
driveway is necessary to reach the residence and the back easement was not counted towards lot coverage.
The approval standards requim-diat 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 proposed ARU is. 448 square feet, which does not exceed 1-,000 square feet or 50%
of the remaining 1,538 square-foot residence. The maximum number of dwelling units allowed is met by
these two units. The flag lot requires four parking spaces - two for the main residence, one for guests and
one for the ARU. Three surface parking spaces are to be installed at the front of the lot and the single car
garage at the rear of the lot will accommodate another space.
PA-2018-00522
833 Hillview Dr/fk
Page I
Site Design Review
The ARU will be housed as part of the single-family residence's building footprint. The open space
requirement is fulfilled by the deck attached the ARU and surrounding yard areas to the side and back of
the ARU. The front of the ARU is oriented to the east, towards the street and is connected to the parking
area via a stone pathway. The flag lot is not visible from the street; there is no street frontage besides the
flag driveway. Building materials are compatible with surrounding area. Open space, eco-lawn and
planting areas are proposed for landscaping.
Proposal states area for trash and recycle container will be located adjacent to the garage structure. Bike
parking will be accommodated in the converted garage (2) and underneath a shed roof behind the garage
(1)•
The application complies with all of the applicable provisions of the R-1-7.5 zoning district, and the Site
Development and Design Standards in AMC 18.9. The property is currently served by adequate City
facilities for water, sewer, storm drainage and electricity. In staff's assessment, the proposal will not have
a greater adverse material impact on the impact area in terms of architectural compatibility, air quality,
and generation of traffic, noise, light and glare and the development of adjacent properties than the prior
use of the property, or the target use allowable within the zone.
The applicants have submitted materials to the Planning Department that demonstrate compliance with
these approval standards.
The criteria for an Accessory Residential Unit are described in AMC Chapter 18.2.3.040, as
follows:
A. R-1 Zone. Accessory residential units in the R-1 zone shall meet the following requirements.
1. One accessory residential unit is allowed per tot, 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 thataccessory 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 shallnot exceed
50 percent of the GHFA of the primary residence on the lot, and shall not exceed 1,000 square feet
GHFA,
4. The proposal shall conform to the overaXmaxlinum 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,
B. RR Zone. In addition to the standards in subsection-18.2.3.040.A, accessory residential units in the RR zone
shall meet the following requirements.
PA-2018-00522
833 Hillview Dr/#k
Page 2
1. If the accessory residential unit is not part of the primary dwelling, all construction and land disturbance
associated with the accessory residential unit shall occur on lands with less than 25 percent slope.
2. The lot on which the accessory residential unit is located shall have access to an improved city street,
paved to a minimum of 20 feet of width, with curbs, gutters, and sidewalks.
3. No on-street parking credits shall be allowed for accessory residential units.
4. If located in the Wildfire zone, the accessory residential unit shall have a residential sprinkler system
installed,
C. R-2 and R-3 Zones. Accessory residential units in the R-2 and R-3 zones shall meet the standards in
subsection 18.2.3.040,A, except that the maximum gross habitable floor area (GHFA) of the accessory
residential structure shall not exceed 50 percent of the GHFA of the primary residence on the lot, and shall
not exceed 500 square feet GHFA.
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.
& 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 1& 4, except as provided by subsection E, below.
D. City Facilities: The proposal complies with the applicable standards in section 18.4.6 Public Facilities and
that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to
and throughout the property and adequate transportation can and will be provided to the subject property.
E. Exception to the Site Development and Design Standards. The approval authority may approve
exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in either
subsection 1 or 2, below, are found to exist.
1. There is a demonstrable difficulty meeting the specific requirements of the Site Development and
Design Standards due to a unique or unusual aspect of an existing structure or the proposed use-of
a site; and approval of the exception will not substantially negatively impact adjacent properties; and
approval of the exception is consistent with the-stated purpose of the- Site Development and Design;
_and the exception requested is the minimum which would alleviate-the difficulty.; or
2. There is no demonstrable difficulty-in meeting the specific requirements, but granting the exception
will result in a design that equally-or better achieves the stated purpose of the Site Development and
Design Standards.
The-criteria- for Variance approval are -described in AMC Chapter 18.5.5.050 as Blows:
1. The variance is necessary because the subject code provision-does not account for special or unique-
circumstances of the specific site, such as topography, natural features, adjacent development, or similar
circumstances. A legal lot determination may be sufficient evidence of a hardship for purposes of approving
a variance.
2. The variance is the minimum necessary to address the special or unique physical circumstances related to
the subject site.
3. The proposal's benefit will be greater than any negative impacts on the development of the adjacent uses
PA-2018-00522
833 M Hview Dr/fk
Page 3
and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City.
4. The need for the variance is not self-imposed by the applicant or property owner. For example, the variance
request does not arise as result of a property line adjustment or land division approval previously granted to
the applicant.
In staff s assessment, the application with the attached conditions complies with applicable ordinances
and meets all required criteria.
Planning Action #2018-00522 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 #2018-
00522 is denied. The following are the conditions and they are attached to the approval:
1) That all proposals of the applicant shall be conditions of approval unless otherwise specifically
modified herein.
2) That all 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 Certificate of Occupancy.
3) That prior to the issuance of a certificate of occupancy:
a) That a separate electric service and meter for the accessory residential unit shall be installed
in accordance with Ashland Electric Department requirements.
b) That a separate address for the accessory residential unit shall be applied for approved by
the City of Ashland Engineering Division. Addressing shall meet the requirements of the
Ashland Fire Department and be visible from the Public Right-of-Way.
C') The requirements of the Ashland Fire Department for fire apparatus access shall be
satisfactorily addressed.
d) The inverted u-racks shall be used for the bicycle parking. All bicycle parking shall be
installed in accordance with design and rack standards in 18.4.3.070.1 and J prior to the
issuance of the certificate of occupancy. The building permit submittals shall verify that
the bicycle parking spacing and coverage requirements are met in accordance with
18.43.070.1.
e That all landscape shall be installed satisfying the requirements of 18.4.4.030..
, j
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Bi olnar, Co unity Development Director Dat~
PA-2018-00522
833 Hillview Drlfk
Page 4
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, 29 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On April 25, 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-2018-00522, 833 Hillview Drive.
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Signat r of Employee
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PA-2018-00522 391 E15AC 100 PA-2018 00522 391 E15AC 104 PA-2018-00522 391 E15AC 200
ASHLAND HILLVIEW LLC MEISSNER CHRISTIAN IRREVOCABLE GUSTAFSON PETERIFONTANA KRISTIN
14300 SW MCKINLEY DR TRU ET AL 809 HILLVIEW DR
CIR
SHERWOOD, OR 97140 ASHLL 760 AND, AKWAY OR 97520 ASHLAND, OR 97520
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SADRI NAVID CHEVALIER JON BERNARD/MARSHA E KEEN BARBARA J TRUSTEE FBO
2940 SCARBOROUGH RD 2252 DANCING PENNY WAY 847 HILLVIEW DR
CLEVELAND HEIGHTS, OH 44118 SANTA ROSA, CA 95403 ASHLAND, CA 97520
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PA-2018-00522 391 E15AC 402 PA-2018-00522 391 E15AC 500 PA-2018-00522 391E15AC 601
WALSH RICHARD J TRUSTEE ET AL NERENBERG NANCY TRUSTEE ET AL KLEINEDLER KEITH M
1257 NEIL CREEK RD 853 HILLVIEW DR 873 HILLVIEW DR
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2018-00522 391 E15AC 2400 PA-2018-00522 391 E15AC 2500 PA-2018-00522 391 E15AC 2600
JOHNSON JEFFERY SIBLAIR B DAVIES GWEN C TRUSTEE ET AL BELL CHRISTOPHER RAND
870 HARMONY LN 860 HARMONY LN 840 HARMONY LN
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2018-00522 391 E15AC 2700 PA-2018-00522 391 E15AC 2800 ! PA-2018-00522 39IE15AC 2900
PILLER KARUHUGO AUTUMN CRISWELL TIMOTHY A JONES LARRY D
832 HARMONY LN I 822 HARMONY LN 1600 ASHLAND MINE RD
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2018-00522 391 E15AC 2901 I PA-2018-00522 391 E15AC 3100 PA-2018 00522 391 E15AD 2100
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806 HARMONY LN 800 HARMONY LN TRUSTEE ET AL
ASHLAND, OR 97520 ASHLAND, OR 97520 188 SISKIYOU BLVD
ASHLAND, OR 97520
PA-2018-00522 391 E15AD 2101 PA-2018-00522 391 E15AD 2102 PA-2018-00522 391 E15AD 2103
JOHNSON ROBERT A TRUSTEE ET AL LEIBOVITCH ERICIHARRIET SZELONG MICHAEL F TRUSTEE ET AL
850 HILLVIEW DR 9420 RESEDA 570 851 BESWICK WAY
ASHLAND, OR 97520 NORTHRIDGE, CA 91324 ASHLAND, OR 97520
PA-2018-00522 391 E15AD 2104 PA-2018-00522 391 E15AD 2105 PA-2018-00522 391 E15AD 2106 I
POWELL DAVID JIMURAWSKI WILLOW STEFFANI RONALD R TRUSTEE ET AL TRONSON LANE C JR ET AL
875 BESWICK WAY 872 HILLVIEW DR 4001 SAND HILL RD
ASHLAND, OR 97520 ASHLAND, OR 97520 WOODSIDE, CA 94062
PA-2018-00522 391 E15AD 2107 PA-2018-00522 391 E15AD 2108 PA-2018-00522 391 E15AD 2109
EATON LEONARD WIBARBARA E MAGDA GREG CISHANNON L ZWIEBEL AVROHOM
841 BESWICK WAY 814 HILLVIEW DR 804 HILLVIEW DR
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2018-00522 PA-2018-00522 PA-2018-00522
DOROTHY & RICH WALSH CONCIOUS CONSTRUCTION ROGUE PLANNING & DEVELOPMENT
1257 NEIL CREEK RD PO BOX 3205 SRVCS
ASHLAND, OR 97520 ASHLAND, OR 97520 33 N CENTRAL AVE #213
MEDFORD, OR 97501
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833 Hillview Drive
April 25, 2018 NOD
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4124/2018 Ji Re: 833 Hillview - question
Reply all U ® delete Junk V `N'
Re: 833 Hiliview - question
Arny Gunter <aniygunter.planning@gniaij.ccrrn> Reply aH
Today; 2: r6 PM
Fatini Kaufman; jason Baton <jason@designbuildashlarid.com>; Kelly Eaton <ketly desigr)buildasllland.com> v
knbax
Hi Eotini,
A shed roof structure will be placed either along the back wall of the garage or along the East wall of the ARU depending on best site
and landscape design is proposed (bikeport vs. carport). The covering will conform to the dimension standards from AMC 18.4.1070,
and a device (grab bar/urack/cyclel'ock) that allows the locking of the wheel and frame upon a compacted gravel or solid surface will
be provided prior to issuance of the C of o for the ARU'.
The additional 21 square feet created by the covered area for bicycle parking will, not increase lot coverage beyond what is permitted
onsite. With the proposal, the lot coverage calculations included the porous solid surfaces for pathways. Additionally, though the lot
area is more than 10,000 SE, the calculation for the 45% lot coverage, excluded the area that is gravel driveway serving neighboring
property. The proposed / existing lot coverage on the property with the additional 21 square feet is 43 percent of the reduced lot
area.
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Let me know if you need any additional information.
Thank you,
Amy
Amy Gunter
Rogue Planning & Development Services
541-951-4020
www.rogueplanning.com
on Tue, Apr 24, 2018 at 9:55 AM, rotini Kaufman <fotini.kaufman@ashland.or.us> wrote:
Hi Amy,
In the application for 833 Hillview, you mentioned the bicycle parking will be under a carport and I'm not seeing a carport on the site
plan. Cho you know where that will be located?
Thanks,
Fotini Kaufman
Assistant Planner
Uty of Ashland, Community Development Department
51 Winburn Way, Ashland, OR 97520
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1 Planning Department, 51 Winuurn Way, Ashland, Oregon 9752 + % 1' T
j t 541-488-5305 Fax: 541-552-2050 www,ashland.or.us TTY.1-800-735-2900
NOTICE OF APPLICATION
PLANNING ACTION: PA- 2018-00522
SUBJECT PROPERTY: 833 Hillview Drive
OWNEPJAPPLICANT: Rogue Planning & Development Services
DESCRIPTION: A request for Site Design Review to convert a portion of the Single Family Residence proposed for
construction into a 448 square-foot Accessory Residential Knit (ARU). COMPREHENSIVE PLAN DESIGNATION: Single-
Family Residential; ZONING: R-1-7,5; ASSESSOR'S MAP: 39 1E 15AC; TAX LOT #:4012
NOTICE OF COMPLETE APPLICATION: March 23, 2018
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: April 6, 2018
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SUBJECT PROPERTY
833 HIL.L'VIE DRIVE
PLANNING ACTION #2018-00522
4
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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 corments to the City of Ashland Planning Division, 51 Winburn Way,
Ashland, Oregon 07520 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 properly 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
Buildings 51 WVinburn 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:4coamni-deW^lydanning"d'lonirirng Aclions5Nlot cing Fol&6,%biled Notices C SignsVOIS PA-2068-00522 I` OC.docN
SITE DESIGN AN!D USE STANDARDS
18A2.050
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:,,cepfron to the Re Devefoptne nt wxf 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.
G11Cbm~r~-d'eu4pllan~ai.n~"+&'larrnisr ac6onMokingPoldue,,P;uiledWices&Sims'QOPStP'A-201$-40522NOC,docx
~ I
AFFIDAVIT' OF MAILING
STATE OF OREGON )
County of Jackson
The undersigned being first duly sworn states that:
I . I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On March 23, 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-2018-00522, 833 Hillview Drive.
Signature of Employee
GAUsers&iithde.AFNHBDesk1op4FFIDAVIT OF LIAILING_ds.desx 312312018
PA-2018-00522 391 E15AC 104
PA-2018-00522 391 E15AC 100 PA-2018-00522 391E15AC 200
ASHLAND HILLVIEW LLC MEI MEISSNER CHRISTIAN IRREVOCABLE ET AL GUSTAFSON PETERIFONTANA KRISTIN
14300 SW MCKINLEY DR TRU 809 HILLVIEW DR
SHERWOOD, OR 97140 760 OAKWAY CIR ASHLAND, OR 97520
ASHLAND, OR 97520
PA-2018-00522 391 E15AC 300 PA-2018-00522 391 E15AC 400 PA-2018-00522 391 E15AC 401
SADRI NAVID CHEVALIER JON BERNARD/MARSHA E KEEN BARBARA J TRUSTEE FBO
2940 SCARBOROUGH RD 2252 DANCING PENNY WAY 847 HILLVIEW DR
CLEVELAND HEIGHTS, OH 44118 SANTA ROSA, CA 95403 ASHLAND, CA 97520
PA-2018-00522 391 E15AC 402 PA-2018-00522 391 E15AC 500 PA-2018-00522 391 El5AC 601
WALSH RICHARD J TRUSTEE ET AL NERENBERG NANCY TRUSTEE ET AL KLEINEDLER KEITH M
1257 NEIL CREEK RD 853 HILLVIEW DR 873 HILLVIEW DR
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2018-00522 391 E15AC 2400 PA-2018-00522 391 E15AC 2500 PA-2018-00522 391 El5AC 2600
JOHNSON JEFFERY SIBLAIR B DAVIES GWEN C TRUSTEE ET AL BELL CHRISTOPHER RAND
870 HARMONY LN 860 HARMONY LN 840 HARMONY LN
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2018-00522 391 E15AC 2700 PA-2018-00522 391 E15AC 2800 PA-2018-00522 391 El5AC 2900
PILLER KARLIHUGO AUTUMN CRISWELL TIMOTHY A JONES LARRY D
832 HARMONY LN 822 HARMONY LN 1600 ASHLAND MINE RD
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2018-00522 391 E15AC 2901 PA-2018-00522 391 E15AC 3100 PA-2018-00522 391 E15AD 2100
YATES SUSAN M TRUSTEE ET AL LAWSON BARBARA ELAINE ET AL DAVIDS-MARKS THAD WINSLOW
806 HARMONY LN 800 HARMONY LN TRUSTEE ET AL
ASHLAND, OR 97520 ASHLAND, OR 97520 1808 SISKIYOU BLVD
ASHLAND, OR 97520
PA-2018-00522 391 E15AD 2101 PA-2018-00522 391 E15AD 2102 PA-2018-00522 391 E15AD 2103
JOHNSON ROBERT A TRUSTEE ET AL LEIBOVITCH ERIC/HARRIET SZELONG MICHAEL F TRUSTEE ET AL
850 HILLVIEW DR 9420 RESEDA 570 851 BESWICK WAY
ASHLAND, OR 97520 NORTHRIDGE, CA 91324 ASHLAND, OR 97520
PA-2018-00522 391El5AD 2104 PA-2018-00522 391El5AD 2105 PA-2018-00522 391E15AD 2106
POWELL DAVID JIMURAWSKI WILLOW STEFFAN[ RONALD R TRUSTEE ET AL TRONSON LANE C JR ET AL
875 BESWICK WAY 872 HILLVIEW DR 4001 SAND HILL RD
ASHLAND, OR 97520 ASHLAND, OR 97520 WOODSIDE, CA 94062
PA-2018-00522 391 E15AD 2107 PA-2018-00522 391 E15AD 2108 PA-2018-00522 391 E15AD 2109
EATON LEONARD WIBARBARA E MAGDA GREG CfSHANNON L ZWIEBEL AVROHOM
841 BESWICK WAY 814 HILLVIEW DR 804 HILLVIEW DR
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2018-00522 PA-2018-00522 PA-2018-00522
DOROTHY & RICH WALSH CONCIOUS CONSTRUCTION ROGUE PLANNING & DEVELOPMENT
1257 NEIL CREEK RD PO BOX 3205 SRVCS
33 N CENTRAL AVE #213
ASHLAND, OR 97520 ASHLAND, OR 97520 MEDFORD, OR 97501
833 Hillview Drive
March 23, 2018 NOC
30
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Planting Division
c x r o. 51 Winbum Way, Ashland OR 97520 FILE
,ASt IL M 541.485-5305 Fax 54148B-6006
OE lON OF PR ,IECT Sits C)esi,gn Review for ARU
DESCRIPTION OF PROPERTY Pursuing LEEDS Cerddcatlon? ® YES ONO
Street Address 533 l-11ilGviw Drive
Assessor's Map No. 351E 15 AC Tax Lot(s) 402
Zoning R-1-7.5 Comp Plan Designalion Single Family Residential
~F'l?I R~l1C
Nanmc. Rogue Pllanning Development Services Phone 541-961-4020 E-Mail am' gunter.plannlnc 9mail,corr
Address 3 Central Avenue; Suite 213 City Medford Zip 97501
PROPERTY QWNER
Nave Dorothy & Rich Warlsh. Phone E-Mall
Address 1257' Nall Crook Road City Ashland Zip 97520
ORE 0 iifl!lill 1111 0111 ECT E flCifl`iPCTO E
Title Building DesignerfCont Noe
Ti emu Concious Construction phone 541-973-8889 E-~1all jasonadesigt~buildssttland.cam
Address PC BOX 3205 City Ashland Zip 97520
Title Name Phone E-Mail
Address City Zip
I hereby certlfy abet the statements and Information contalned to this application, Including the enclosed drawings and the required flndirigs off t, are In all respects,
tnre and oonad. I understand that all proporlypins most be shown on the drawings and visible upon the site inspection. In tlw event the p'ns we not SW /ft or their
location found to be Inc ct; the owner assumes full responsibility. I further understand that If this request 1s subscquanlly m os~cfl, Ni, iii aigl, i~ 7r bsun Mato
establish.
produced sufi9ctant factual evidence at the hearing to support this rsquasf,
1 that d
2) that the findings of feet fumlshhaad)'ustifles the granting of the request,
3) that the findlogs of fact furnished by me are adequale, end further
4) that all structures or Improvements are pmpady located on the ground;
Fallum do this regard will result most likely In not only the request being sot aside, but also possibly in my structures bv'~g h11~ li, roc f tt~~r~J h+i~ l3~ lnyt required
to
rem an~. 1111 bts , am advXsed to seek carnpatFrrlt proles lwmal edvica and assistance.
be ro ~,l1' r9d - rt ~e.
1~ Date
As ow nsi, of the properly Involved to this request, I have read and understood the complete application and its consoquencos to me as a prim dy
owner.
Propi ty Owner's signature (required) Data
votou" t jW
Date Received JLL Zoning Permit Type . Filing Fee
OVER 0
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i
ROGUE PLANNING 6 i)EV ELUPM I T SERVICES. LLE
March 16, 2018
Site Review for new Accessory Residential Unit
Sub"ect Pro pertt 833 Hillview Drive
Map & Tax Lot: 39 1E 15AC; Tax 402
Property Owner: Dorothy and Rich Walsh
1257 Neil Creep Road
Ashland, OR 9752.0
Applicant: Rogue Planning & Development Services
33 IN Central Ave. #213
Medford OR 47501
l I,
Comprehensive Plan Designation: Single-family residential
Zoning: R-1-7.5
Request: Site Design Review Permit for Accessory Residential Unit within a new single-family residence.
Site Description: The subject property is located on the west side of Hillview Drive. The subject
property is flag lot that was created as part of a 2016 minor land partition (2016-00614).
The property is 10,434 square feet and is vacant of structures.
The subject property slopes gently at approximately six percent from south to north.
A public alley which extends off of Clark Avenue is at the rear of the property. The public right-of-way
ends at the properties northwest corner. From the end' of the alley, serving properties to the south,
there is an access easement along the rear property line that serves properties to the south of the
subject property.,
Proposal: The proposal is for the approval of an Accessory Residential Unit (ARU) within the footprint
of a new single-family residence that is proposed for construction on the site. There is a 1,987 square
foot single family residence proposed on the site. Within the proposed single-family home, a 448
ROGUE PLANNING G DEVELOPMENT SERVICES, LLC
square foot accessory residential unit is proposed. The ARU proposal is to allow for an elderly relative
to live on the property with their own space. The "tenant" wants to retain some anonymity from the
residence and that involves being able to prepare their own meals and to live somewhat
independently.
The access for the property is via the flag driveway. There are three surface parking spaces, and a single
vehicle garage. The garage is proposed to be accessed via the rear easement. There are four parking
spaces provided on site.. Two for the single family, one for the 448 square font, accessory residential unit,
and one guest parking space.
The ARIJ is proposed to have access to the substantial yard areas.
Bicycle parking for the single-family residence will be provided for within the garage. An additional
covered bicycle space will be provided for the ARU.
A trash and recycle enclosure area will be provided on-site.
On the following pages, findings of fact addressing the criteria from Ashland Municipal Code are provided
on the following pages. For clarity, the criteria are in Calibri font and the applicant's responses are in
Times New Roman font.
µti ~ r
c~
ROGUE PLANNING G DEVELOPHPIT "TRVICES, ILG
CRITERIA from the Ashland Land Use Ordinance
Standards for Residential Zones:
18.2.3.044 Accessory Residential Unit
Where accessory residential units are allowed, they are subject to Site Design Review under chapter
18.5.2, and shall meet all of the following requirements.
A. R-1 Zone. Accessory residential units in the R-1 zone shall meet the following requirements.
1. One accessory residential unit is allowed per lot, and the maximum number of dwelling units shall not
exceed two per, lot.
.fainily residence, the tnaxinnan number,
On accessory residential ttttit is proposed Including the site le-
of dwelling omits will not exceed two per lat.
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.
The property exceeds the in initutttu lot size in the zone.
. The maximum gross habitable floor area (GHFA) of the accessory residential unit shall not exceed 50
percent of the GHFA of the primary residence on the lot, and shall not exceed 1,000 square feet GHFAt.
The proposed accessory residential unit is 448 square feet in area. The priniaty residence is proposed to
be 1,987 square feet in area, more than 50 lar'ger than the proposed AR U.
4. The proposal shall conform to the overall maximum lot coverage and setback requirements of
the underlying zone.
The proposed lot coverage at 3, 520 square feet is 45 percent of the total lest area..
5. Additional parking shall be provided' in conformance with the off-street parking provisions for
single-family dwellings in section 18.4.3.040, except that parking spaces, turn-grounds, and driveways
are exempt from the paving requirements in subsection 18.4.3.080. E.1.
the s°tnall ARU is less than 500 square feet and requires one parking space in addition to the three
required for the singleAinily residence. All of the parking is accommodated fir on site.
18.5.2.050 Site Design Review
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.
the sub ect property is zoned R-1-7.5, Single liamily Residential. Y'he parcel exc°e,_d< v iyriyr wn' J,,,; and utinitnum lot dimensions in the I?-1-7.5' zone.
The proposed residence complies with the tninitnuin setbacks in the zone.
tM. u
3
J
ROGUE PLANNING G DEVELOPMENT SERVICES, LLC
Lot Coverage. Proposed impervious areas including budding footprints, patios, pathways, driveways,
decks area 3,520 squarejeet, The inaxirnurn coverage is the zone is 45 percent the proposed lot coverage,
The proposed lot coverage is 45 percent cif the total lot area.
Parking: pour parking spaces are required,/or the developrrrent cif the property. All vehicle parking and
necessary back-rip, tarn armind areas are accoininodated,for on-site.
"T"hree bicycle parking spaces are required. Two bicycle parking spaces are provided f br within the garage
and one is provided tinder the carport.
Ewergy Usage: Both units will be constructed to the most current standards of the State of Oregon
Building Standards for residential construction.
B. Overlay Zones. The proposal complies with applicable overlay zone requirements (part 18.3.
There are no overlay zones.
C. Site Development and Design Standards.
The proposed site development complies with the applicable Site Development and Design LLS"tancdaWs of
part 18.4.
The layout and design does not provide for vulnerable areas that are not visible front the units and open
space.
Shrouded yard lights that provide down-lighting and security for the unit but will not directly illuminate
adjacent properties will be provided: No plant materials are proposed that prevent surveillance of the
yard areas.
More than eight percent o the site is available as opera spaces for the use of the residents. there is a
substantial deck, patio and yard areas provided to the use of'the residents of the property. The RU will
have access to all of the yard areas on the .site.
Building Orientation.
Building Orientation to Street. Dwelling units shall have their primary orientation toward a street. Where
residential buildings are located within 20 feet of a street, they shall' have a primary entrance opening
toward the street and connected to the right-of-way via an approved walkway.
The proposedARY is more than 20-1eet_fiorrt the street.
4
1
ROGUE PLANNING G DEVILUPIdEIIT SERVICES, LLC
Limitation on Parking between Primary Entrance and Street. Automobile circulation or off-street parking
is not allowed between the building and the street. Parking areas shall be located behind buildings, or
on one or both sides.
`f'lee parcel as a,/lag lot is not visible,,fi•0111 the public street.
Build-to Line. Where a new building is proposed in a zone that requires a build-to line or maximum front
setback yard, except as otherwise required for clear vision at intersections, the building shall comply
with the build-to line standard.
There is not a build to or maxirrrrrrrr setback line in the R-I carne,
Garages. Alleys and Shared Drives. Where a lot abuts a rear or side alley, or a shared driveway, including
flag drives, the garage or carport opening(s) for that dwelling shall orient to the alley or shared drive, as
applicable, and not a street,
The vehicular access to the site is via a flag driveway access and the rear shared access,
Setback for Garage Opening Facing Street• The minimum setback for a garage (or carport) opening facing
a street is 20 feet. This provision does not apply to alleys.
I'lre garage„faces the spar cad driveway.
Building Materials. Building materials and paint colors should be compatible w,rith the surrounding area.
Very bright primary or neon-type paint colors, which attract attention to the building or use, are
unacceptable.
I'he building materials are compatible with the surrounding area. 7'he materials are typical building
materials such as Nardi-plank, lap siding and stucco, Fiberglass windows and a corniaosition roc?/::l'lae
exact paint colors have not been selected but they will not be bright prinaary or neon colors.
Streetscape. One street tree chosen from the street tree list shall be placed for each 30 feet of frontage
for that portion of the development fronting the street pursuant to subsection 18.4.4.030.E.
I°he property does not have any street frontage, excepting the flag driveway..
Landscaping and Recycle/Refuse Disposal Areas. Landscaping and recycle/I ~I1EE(1 be
provided pursuant to chapter 18.4.4.
Areafor a trash and recycle containers is proposed adjacent to the garage structarr•e.
VOGUE RAIIII111G O DEVELOP'IAEWt SERVICES, LIC
18.4.4.038 Landscaping and Screening
Landscaping and lavvn areas will be provided upon completion of`the construction oJ'the r°esidences.
0. 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.
Adequate city. facilities exist to service the proposed ARU.
Free Preservation, Protection, and Removal
18.4.5.030 Tree Protection: The trees along the south and north property line on the adjacent neighhor's•
pr,opei7y are pi otected by a ,six-foot tall, solid panel. fence. No additional tree protection is proposed.
Attachments:
1) PROPOSED SITE PLAN
2) ELEVATIONS
1
PP•71Y CP 71Fp'; I Ip T40EN
MW 1'TYOPIUM DOROTHY AND RICHWAIS14 LOT COVERAGE. SOLAR MCULATION:
1257 PER CREEK ROAD <CAM 10,434 SP 3OT-2,632 SF FOR ALLEY AND HAS DRIVE
ASNHAMOOR EASEMENT=9802 SF) SETBACK STANDARD A: 9.61.445+S=SSB
DE:SIGNERICONTRACTOR: CONSCIOUS CONSTRUCTION EXISTING RESIDENCE 1501 SF <45DEDROOI4 2 STORY RESIDENCE: ri
PO BOX 3205 ASHLAND OR EXISTHIG DETACHED GARAGE 448 SP 23,93-61.445 + 4-) 0.04
5489)38869 EXISTING PARKINOITURNAROUND 1231 SF 44' FROM NORTH PROPERTY LINE TO EM ROOF RIDGE
JASON@)DESI01P0WILD ASHLAUID.COM EXISTMOPATII'S1PAMS 3403&
TOTAL IMPERVIOUS 3520 SF (4Sd> SI101E STORY DETACHED GARAGE:
SITE AND 80ILD1NO DATA: 14.61.445 + 0.04 LANDSCAPING 4138 SF <530 20' FROM NORTH PROPERTY LINE TO EIN ROOF RIOOE ;;z
LOCATION A6AP 39 IF ISAC TAX LOT 402 OPEN SPACE 800 SF <IOP> DESIGN CRITERIA, CS
LOT SIZE 0.24 ACRE -'10,43M1SF IJ
70NN40 R-1.75 PARKINH: SEISMIC D1 Lu kA fy cn
OCCUPANCY SINGLE FAMILY RESIDENCE WIND 90 MPII EXPOSURE It a I -0.
EAISTINO 2 STORY RESIDENCE 1487 SF TOTAL O OFF-SPREET SPACES 4 SNOW LOAD 25n ISE 0
EXtl0110 I STORY GARAGE 449 SF FLOOR HIVE LOAD 4417 ISF ca : Ems,
2435 SF FLOOR DEAD LOAD IS LSETOTAL SHALL STROCTURES
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NOTES:
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GARAGE NORTH GARAGE WEST " "'r! 1I3Pl2018
ELEYATIGN5
Job Address: 833 HILLVIEW Contractor:
ASHLAND OR 97520 Address:
C
A Owner's Name: DOROTHY/RICH WALSH O Phone:
P Customer 08431 N State Lic No:
P ROGUE PLANNING & DEVELOPMENTS T City Lic No:
L Applicant: 33 N CENTRAL R
I Address: 213 A
C MEDFORD OR 97501 G Sub-Contractor:
A Phone: (541) 951-4020 T Address:
N- Applied: 03/16/2018 0'
T Issued:
Expires: 09/12/2018 R Phone:
State Lic No:
Maplot: 391 E15AC400 City Lie No:
DESCRIPTION: Site design review for ARU
VALP, ,T10N
Occupancy Type Construction Units Rate Amt Actual Amt Constuction Descriptions
Total for Valuation:
MECHANICAL
ELECTRICAL
STRUCTURAL
PERMIT FEE DETAIL'
Fee Description Amount Fee Description Amount
CUP Accessory Residential 680.00
CONDITIONS OF APPROVAL
COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 East Main St. Fax: 541-488.5311
Ashland, OR 97520 TTY: 800-735-2900
www.ashland.or.vs
Inspection Request Line: 541-552-2080 CITY OF
-ASHLAND
j Ik
fi k~alf01~2a6i .~l ~`lturlf ~~e~ol rF
I hereby certify the contents of this application to be correct to the
best of my knowledge, and furthermore, that I have read, Fee Summary Paid Amounts
understood and agreed to the following:
Building: $ 0.00 $ 0.00
1. This permit shall remain valid only in accordance with code State Surcharge: $ 0.00 $ 0.00
or regulation provisions relating to time lapse and revocation Development Fees: $ 0.00 $ 0.00
(180 days).
2. Work shall not proceed past approved inspection stage. All Systems Development Charges: $ 0.00 $ 0.00
required inspections shall be called for 24 hours in advance. Utility Connection Fees: $ 0.00 $ 0.00
3. Any modifications in plans or work shall be reported in
advance to the department. Public Works Fees: $ 0.00 $ 0.00
4. Responsibility for complying with all applicable federal, state, Planning Fees: $ 680.00 $ 680.00
or local laws, ordinances, or regulations rests solely with the
applicant. Sub-Total: $ 680.00
Fees Paid: $ 680.00
Applicant Date Total Amount Due: $ 0
COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 East Main St. Fax: 541-488-5311
Ashland, OR 97520 TTY: 800-735-2900
www.ashland.cr.us
inspection Request Line: 541-552-2080 CITY OF
-ASHLAND