HomeMy WebLinkAboutOak_1131_PA-T1-2018-00031
CITY OF
ASHLAND
December 10, 2018
Notice of Final Decision
On December 10, 2018, the Community Development Director approved the request for the
following:
Planning Action: PA-T1-2018-00031
Subject Property: 1131 Oak Street
Applicant: Timothy & Susan Cate Revocable Living Trust/Ashland Design Solutions
Description: A request for a 714 square-foot Accessory Residential Unit (ARU) to be
constructed on the property at 1131 Oak Street. The ARU will be one-story, oriented towards
Nevada Street, and will be added as an addition to the existing garage. COMPREHENSIVE
PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; ASSESSOR'S MAP:
39 lE 04BD; TAX LOT: 1902.
The Community Development Director's decision becomes final and is effective on the 12'x' 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: 549-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or,Lis
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 1 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.
I. 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, Wright 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 affir€n, 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
18.5.1.050.13.
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 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 (late 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 I, 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 fled 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
%1,tyky,ashland,onus -
ASHLAND PLANNING DEPARTMENT
FINDINGS & ORDERS
PLANNING ACTION: PA-T1-2018-00031
SUBJECT PROPERTY: 1131 Oak Street
APPLICANT/OWNER: Milo Shubatt/Timothy and Susan Cate Revocable Living Trust
DESCRIPTION: A request for a 714 square-foot Accessory Residential Unit (ARU) to be
constructed on the property at 1131 Oak Street. The ARU will be one-story, oriented towards Nevada
Street, and will be added as an addition to the existing garage.
COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5;
ASSESSOR'S MAP: 39 1E 0413D; TAX LOT: 1902
SUBMITTAL DATE: October 23, 2018
DEEMED COMPLETE DATE: November 13, 2018
STAFF APPROVAL DATE: Devember 10, 2018
DEADLINE TO APPEAL (4:30 p.m.): December 26, 2018
FINAL DECISION DATE: December 27, 2018
APPROVAL EXPIRATION DATE: June 27, 2020
DECISION
The proposal is to add a detached accessory residential unit to the existing garage at the property located
at 1131 Oak Street.
The subject property is located on the southwest comer of Oak and Nevada Street. The surrounding
neighborhood is comprised of a mix of multifamily properties, and single-family homes. The subject
property is zoned Single-Family Residential (R-1-5). The zoning to the north of the subject property is
Single-Family Residential (R-1-5 and R-1-7.5). The area to the west is R-1-5. The zoning to the east is R-
1-5 and North Mountain (NM). To the south. zoning is R-1-5 and Employment (E-1).
The subject property is 0.23 acres or 9,940 square feet in size. The property is a coiner lot with a single-
family residence oriented to Oak Street on the southern portion of the lot. The residence was built in 1948
and is a single-story structure. It is about 1,428 square-feet according to the application. The lot was
originally larger, and the Oak Street frontage was the narrower frontage. Once the lot was partitioned in
the 1990s, the Nevada Street frontage became the narrower frontage and the, house was already oriented
to Oak. To the north, there is a 600 square-foot, two-car detached garage. The existing impervious surface
on the lot is about 2,800 square feet or 28-percent lot coverage.
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 not exceed 1000
square feet. The proposed ARU is 714 square feet, which does not exceed 50% of the 1,428 square-foot-
primary residence or 1000 square-feet. /v portion of the garage will be a shared space with entrances from
the exterior and interior of the garage.
The development of the property is also required to conform to maximum lot coverage of 50-percent and
base setback requirements. The proposal indicates the total lot coverage will be 37-percent; the proposed
PA-T1-2018-00031
1131 Oak Street/fk
Page 1
impervious surface is about 878 square-feet and puts the total at 3,726 square-feet. The lot coverage
calculations in the application include driveway, porches, walkways and building footprints. The existing
garage does not meet front setbacks from the Nevada frontage. The Nevada Street frontage is the narrower
frontage and thus meets our front lot line definition from 18.6.1. The new addition will comply with
minimum setbacks, and the non-conforming garage portion will remain. With Nevada as the front, the
existing house meets setbacks entirely. The proposal complies with front, side and rear setback
requirements of the zoning district.
The application for an ARU less than 800 square feet and the single-family home requires three automobile
parking spaces. The application demonstrates that two of these parking spaces will be provided in the
existing garage. The ARU's parking is proposed as an on-street credit. The lot has sufficient street frontage
to accommodate an on-street credit.
As indicated on the site plan, sheltered bike parking will be provided in the existing garage and the garage
is large enough to accommodate bike parking. The site plan also notes the ARU occupant will have access
to the garage.
The proposed ARU is oriented to the North (towards Nevada St) with a front door and entrance via patio.
The proposed unit will have access to the rear yard. The materials proposed for the addition structure are
proposed to match the existing structure. The lights proposed will be shrouded to shine only on the subject
property.
There is a well-established tree on the comer of Oak and Nevada. According to the application narrative,
tree protective fencing is proposed around the tree at the comer near the driveway. A tree protection plan
was not included in application. A condition has been added to include tree protection plan with building
permit submittal.
The application complies with all of the applicable provisions of the R-1-5 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 Plaiming 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
follmvs:
B. R-1 Zone. Accessory residential units in the R-1 zone shall meet the following requirements:
1. One accessory residential unit is allowed per lot, and the maximum number of dwelling units shall
not exceed two per lot.
2. Accessory residential units are not subject to the density or minimum lot area requirements of the
zone.
3. The maximum gross habitable floor area (GHFA) of the accessory residential unit shall not exceed 50
percent of the GHFA of the primary residence on the lot, and shall not exceed 1,000 square feet GHFA.
PA-T1-2019-00031
1131 Oak street/fk
Page 2
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 requirements in subsections 18.4.3.080.D.1 and 18.43.080.D.2 and paving
requirements in subsection 18.4.3.080.E.1.
C. RR Zone. In addition to the standards in subsection 18.2.3.040.B, accessory residential units in the
RR zone shall meet the following requirements:
1. No on-street parking credits shall be allowed for accessory residential units.
2. If located in the wildfire zone, the accessory residential unit shall have a residential sprinkler system
installed.
D. R-2 and R-3 Zones. Accessory residential units in the R-2 and R-3 zones shall meet the standards in
subsection 18.2.3.040.13, 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.
E. NN Zones. Accessory residential units in the normal neighborhood district under chapter 18.3.4 shall
meet the standards in subsection 18.2.3.040.B.
F. NM Zones. Accessory residential units in the North Mountain Neighborhood NM zones under
chapter 18.3.5 shall meet the standards in subsection 18.2.3.040.B, except that the maximum gross
habitable floor area (GHFA) of the accessory residential unit must not exceed 750 square feet GHFA
and that second story accessory residential units constructed above a detached accessory building must
notexceed 500 square feet GHFA. (Ord. 3155 § 2, amended, 0711712018)
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 18.4, except as provided by subsection E, below.
D. City Facilities: The proposal complies with the applicable standards in section 18.4.6 Public Facilities and
that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to
and throughout the property and adequate transportation can-and will be provided to the subject property.
E. Exception to the Site Development and Design Standards. The approval authority may approve
exceptions to_ the Site Development and Design Standards of part 18.4 if the circumstances in either
subsection 9 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
PA-T1-2018-00031
1131 Oak Street/&
Page 3
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 #T1-2018-00031 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-
2018-00031 is denied. The following are the conditions and they are attached to the approval:
1) That all proposals of the applicant shall be conditions of approval unless otherwise specifically
modified herein.
2) That all necessary building permits for 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 issuance 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. Low coverage shall be limited
to no more than 50-percent as required in the R-1-5 zoning district.
b. Solar setback calculations demonstrating that all new construction complies with-Solar
Setback Standard A in the formula ((Height 6)1(0.445 + Slope) = Required Solar Setback]
and elevations or cross section drawings clearly identifying the highest shadow producing
point(s) and the height(s) from natural grade.
c. That a revised Tree Protection Plan consistent with the standards described in 18-.4.5 be
submitted for review and approval by the Staff Advisor prior to the issuance of_a building
permit (if applicable). The plan shall identify the location and placement of fencing around
the drip lines of trees identified for preservation. The amount of fill and grading within the
drip line shall be miniinized. Cuts within the drip line shall be-noted on the tree protection
plan, and shall be executed by handsaw and kept to a minimum. No fill shall be placed
around the trunk/crown r(Yot.
4) Thatstorm water from all new impervious surfaces and runoff associated-with peak rainfalls must
be collected on site and channeled to the City storm water collection system (i.e., curb gutter at
public street, public storm pipe or public drainage way) or through an approved alternative in
accordance with Ashland Building Division policy BD-PP-0029. On-site collection systems shall
be detailed on the building permit submittals.
5) That a Tree Verification Permit shall be applied for and approved by the Ashland Planning
Division prior to site work, tree removal, staging or storage of materials. The Verification Permit
is to inspect the identification of the trees to be removed and the installation of tree protection
fencing for the trees on and adjacent to the site to be protected. The tree protection shall be chain
PA-TI-2018-00031
1131 Oak StreetAk
Page 4
link fencing six feet tall and installed in accordance with 18.4.5.030.
6) 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 to address fire apparatus access shall be
satisfactorily addressed.
Maria Harris, Acting Community Development Director Date
PA-TI-2018-00031
1131 Oak streedfk
Page 5
l
AFFIDAVIT QE MAILING
STATE OF OREGON ~
County of Jackson y
The undersigned being first duly sworn states that:
1. I am employed by the City of Ashland, 20 East IlVlain Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On 12/10/18 l 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-T1-2018-00031, 11311
Oak.
Signature of Employee
DoeumenQ 1211012M
PA-T1-2018-00031391 E04BD 1900 PA-T1-2018-00031 39IE04BD 1700 PA-T1-2018-00031391 E04AC 2600
ALLEN MARK DISANDRA BARTON JESSICA M BUSICK NANCY HARRIET TRUSTEE
1222 OLD WILLOW LN 1115 OAK ST 7631 CHURCH ST
ASHLAND, OR 97520 ASHLAND, OR 97520 GILROY, CA 95020
PA-T1-2018-00031 391 E04AC 2900 PA-T1-2018-00031 391E04BD 1902 PA-T1-2018-00031 391 E04B 700
CANAPE ROBERT L/KATHLEEN G CATE TIMOTHY E TRUSTEE ET AL DELSMAN JOSEPH W/ELAINE M
182 E NEVADA ST 471 PARKSIDE DR 555 FAIRVIEW ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2018-00031391 E04AG 2300 PA-T1-2018-00031391 E04AC 2200 PA-T1-2018-00031 391E04BD 1600
DELSMAN KAREN UMAYFIELD M W ELDRIDGE JASMINE ET AL HALPRIN LYLE
4977 JENNIFER CT S 175 E NEVADA ST 149 OAK MEADOWS PL
SALEM, OR 97302 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2018-00031 39IE04BD 1604 PA-T1-2018-00031 391E04BD 1801 PA-T1-2018-00031 391E04AC 2700
HERTZ RONALD S/DONNA GREEN HORN JOINT TRUST ET AL JOHNSON KOEBY C/JOHNSON JENNY E
449 PRIM ST 1109 OAK ST 1116 OAK ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2018-00031 391E04BD 1901 PA-T1-2018-00031391 E04AC 2500 PA-T1-2018-00031391 E04AC 2800
MINTER DAVID C/LARSON KIMBERLY D MULHOLLAND R PETIT/THOMAS PASCUAL ARTUROIGLORIA E
128 E NEVADA ST 1132 OAK ST 178 E NEVADA ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2018-00031391 E04AC 2400 PA-T1-2018-00031 39lE04BD 1903 PA-T1-2018-00031 39IE04BD 1607
PEARSON KIRK A ET AL PRESKENIS RICHARD J JR/CASSANDRA PRETTYMAN NATHALIE
PO BOX 1142 118 E NEVADA ST 143 OAK MEADOWS PL
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2018-00031 391E04BD 1802 PA-T1-2018-00031 391E04BD 1800 PA-T1-2018-00031 391E04AC 3900
ROWLAND-DUNN REV TRUST ET AL SHAUGER CATHERINE M TRUSTEE/ SHAW CRAIGICAROLYN PRENTISS
1111 OAK ST PO BOX 1153 996 OAK ST
ASHLAND, OR 97520 TALENT, OR 97540 ASHLAND, OR 97520
PA-T1-2018-00031 391 E04AC 3800 PA-T1-2018-00031 391 E04A 900 PA-T1-2018-00031
SWEENEY ROBERT/CLERY SHANNON WILLIAMS JERRY KEN TRUSTEE ROGUE PLANNING & DEVELOPMENT
1050 OAK ST 1154 OAK ST 33 N. CENTRAL, STE. 213
ASHLAND, OR 97520 ASHLAND, OR 97520 MEDFORD, OR 97501
PA-T1-2018-00031
MILO SHUBAT
350 TAYLOR ST
ASHLAND, OR 97520
1
i
Planning Department, 51 Winburn Way, Ashland, Oregon 97520 ~ H 7 Y F
! 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900
~i
NOTICE OF APPLICATION
PLANNING ACTION: PA-T1-2018-00031
SUBJECT PROPERTY: 1131 Oak Street
OVWNER/APPLICANIT: Timothy & Susan Cate Revocable Living Trust/Ashland Design Solutions
DESCRIPTION: A request for a 714 square-foot Accessory Residential Unit (ARU) to be constructed on the
property at 1131 Oak Street. The ARU will be one-story, oriented towards Nevada Street, and will be added as
an additiorl to the existing garage. COMPREHENSIVE PLAT DESIGNATION: Single Family Residential;
ZONING: -1-5, ASSESSOR'S MAP. 39 1E 0413D, TAX LOT': 1902
NOTICE OF COMPLETE APPLICATION. November 13, 2018
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS, November 27, 2018
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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 inburn Way,
Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above.
Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice
is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the comment period
and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice
of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staffs decision must
be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.5.1.050.G)
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application,
by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the
Land 'Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal
to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity
to allow this Department to respond to the issue precludes an action for damages in circuit court.
A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be
provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services
Building, 51 Winburn Way, Ashland, Oregon 97:520..
if you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305.
G:4camuirdewlPVnncxig6,U'9nnni,ig Actions\Nolucing, F olderVMailed, Novices & 9igns12OMPA,-TI-2098-0003 [.docx
ACCESSORY RESIDENTIAL UNITS
18.2.3°040
Accessory residential units are subject to Site Design Review under chapter 18.5.2, except as exempted in subsection 18.2.3.040.A, below.
A. Exemptions. Accessory residential units are permitted outright with an approved building permit„ and are allowed without a Site Design Review under
chapter 18.5,2 provided that the accessory residential unit meets all of the following requirements.
1. The accessory residential unit is located in the R-1, R-1-15, RR, NN and NM zones. Accessory residential units in the R-2 and R-3 zones require
Site Design Review under chapter 18.5.2 and are not permitted outright under this subsection.
2. The accessory residential unit meets all of the requirements of the applicable zone in subsections 18.2.3.040.8, C., E and F, below, except as
otherwise exempted in subsection 18.2.3.040.A.
3. The size of the accessory residential unit is less than 500 square feet of gross habitable floor area (GHFA).
4. The accessory residential unit is attached to the primary residence or within an existing primary residence. Accessory residential units located in the
Historic District overlay and including exterior building changes that require a building permit, and accessory residential units located in detached
structures (i.e., not attached to the primary residence) require Site Design Review under chapter 18.5.2 and are not permitted outright under this
subsection.
5 The property must have two off-street parking spaces, except that parking spaces, turn-grounds, and driveways are exempt from the requirements in
subsections 1 and 2 of 18.4,3.080.0 and paving requirements in subsection 18.43.080.E.1.
6. Additional off-street parking is not required for the accessory residential unit if on-street parking is permitted within 200 feet of the property.
Alternatively, one off-street parking space may be provided on the property in conformance with the off-street parking provisions for accessory
residential units In section 18,4.3.080.
B. 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.
Z. Accessory residential units are not subject to the density or minimum tat area requirements of the zone.
3. The maximum gross habitable floor area (GHFA) of the accessory residential unit shall not exceed 50 percent of the GHFA of the primary residence
on the lot, and shalt 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 18.4.3.080, except that
parking spaces, turn-grounds, and driveways are exempt from the requirements in subsections 1 and 2 of 18.4.3.080.D and-paving requirements in
subsection 18.4.3.085.E.1.
C. RR Zone. In addition to the standards in subsection 18.2.3.040.8, accessory residential units in the RR zone shall meet the following requirements.
1. No on-street parking credits shall be allowed for accessory residential! units,
2. If located in the Wildfire zone, the accessory residential unit shall have a residential sprinkler system installed.
D. R-2 and R-3 Zones, Accessory residential units in the R-2 and R-3 zones shall meet the standards in subsection 18.2.3,040.8, 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.
E. NN' Zones. Accessory residential units in the Normal Neighborhood District under chapter 18.3.4 shall meet the standards in subsection 18.2.3.040.B.
F. NM Zones. Accessory residential units in the North Mountain Neighborhood NM zones under chapter 18,15 shall meet the standards in subsection
18.2.3.040.8„ except that the maximum gross habitable floor area (GHFA) of the accessory residential unit must not exceed 750 square feet GHFA and
that second story accessory residential units constructed' above a detached accessory building must not exceed 500 square feet GHFA.
G.lcowmii-devlprlannini,\Illanning Adonsl2Vwicing F"oldeANlailed Nlolices& SignsN2018TA-T 1 -2018-0003 1 Aocx
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 November 13, 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-T1-2018-00031, 1131 Oak Street.
On n i
Sign re of Employee
C:lUsersUrappADesktoplTempla!e5WWFIDAVlTOF t-W ING_Regan.douf1l13120A
Frp's■
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a K4 ~~`~.=g~a,~6t,!- a.. s a$ ! I ti~>< ~ di --i ~ v .t, c x ~ k" s: .J!
PA-T1-2018-00031 391E04BD 1900 PA-T1-2018-00031 NA-T1-2018-00031 391E04BD 1700
ALLEN MARK DISANDRA ASHLAND DESIGN SOLUTIONS BARTON JESSICA M
1222 OLD WILLOW LN 350 TAYLOR STREET 1115 OAK ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
i
PA-T1-2018-00031391 E04AC 2600 PA-T1-2018-00031391 E04AC 2900 PA-T1-2018-00031391 E04BD 1902
BUSICK NANCY HARRIET TRUSTEE ET CANAPE ROBERT LIKATHLEEN G CATE TIMOTHY E TRUSTEE ET AL
AL 182 E NEVADA ST 471 PARKSIDE DR
7631 CHURCH ST ASHLAND, OR 97520 ASHLAND, OR 97520
GILROY, CA 95020
PA-T1-2018-00031391 E04B 700 PA-T1-2018-00031 391E04AC 2300 PA-T1-2018 00 031 391E04AC 2200
DELSMAN JOSEPH WIELAINE M DELSMAN KAREN IIMAYFIELD M W ELDRIDGE JASMINE ET AL
555 FAIRVIEW ST 1152 OAK ST 175 E NEVADA ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2018-00031391 E04BD 1600 PA-T1-2018-00031 391E04BD 1604 PA-T1-2018-00031 39lE04BD 1801
HALPRIN LYLE HERTZ RONALD SIDONNA GREEN HORN JOINT TRUST ET AL
149 OAK MEADOWS PL 449 PRIM ST 1109 OAK ST
ASHLAND, OR 97520 ASHLAND, OR 97520 j ASHLAND, OR 97520
PA-T1-2018-00031391 E04AC 2700 PA-T1-2018-00031 391E04BD 1901 PA-T1-2018-00031 391E04AC 2500
JOHNSON KOEBY CIJOHNSON JENNY E MINTER DAVID CILARSON KIMBERLY D MULHOLLAND R PETIT/THOMAS
1116 OAK ST II 128 E NEVADA ST 1132 OAK ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
i
PA-T1-2018-00031 391 E04AC 2800 PA-T1-2018-00031 391 E04AC 2400 PA-T1-2018-00031 391 E04BD 1903
PASCUAL ARTUROIGLORIA E PEARSON KIRK A ET AL PRESKENIS RICHARD J JRICASSANDRA
178 E NEVADA ST PO BOX 1142 118 E NEVADA ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2018-00031 391E04BD 1607 PA-T1-2018-00031 PA-T1-2018-00031391 E048D 1802
PRETTYMAN NATHALIE ROGUE PLANNING & DEVELOPMENT ROWLAND-DUNN REV TRUST ET AL
143 OAK MEADOWS PL 33 N. CENTRAL SUITE 213 1111 OAK ST
ASHLAND, OR 97520 MEDFORD, OR 97501 ASHLAND, OR 97520
PA-T1-2018-00031 39lE04BD 1800 PA-Ti-2018-00031391 E04AC 3900 PA-T1-2018-00031 391E04AC 3800
SHAUGER CATHERINE M TRUSTEE/ SHAW CRAIGICAROLYN PRENTISS SWEENEY ROBERT/CLERY SHANNON
PO BOX 1153 996 OAK ST 1050 OAK ST
TALENT, OR 97540 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2018-00031 391 E04A 900
WILLIAMS JERRY KEN TRUSTEE 1131 Oak Street
1154 OAK ST 11113/18 NOC
ASHLAND, OR 97520 25
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DESCRIPTION OF PROJECT PF
DESCRIPTION OF PROPERTY Pursuing: LEEDS Certification? ❑ YES EZ NO
Str~etAddre-2s 1131 Oak Street
A^~,-:sso;'Slki:pNo.391E 04BD -lax Lot(..-) 1902
Zoning R-J-5-P Cronip Plan Des,gna-.ion Single Family Residenti.1
APPLICANT
Naml- W10 Sheba, Ashland Design Solutions Phone 541-488-4603 .=-Mail mill(cpaslilanddesigfZSOILitioiis.C01i1
Addsa~--s 35Q aylor Street City Ashland Zip 07520
PROPERTY OWNER
Nary!;, Timothy and Susan Cate Rev Living TrustPhone E-t{ail
Address .471 P s " City Ashland 7in 97520
SURVEYOR. ENGINEER. ARCHITECT. LANDSCAPE ARCHITECT OTHER
Tile Planning Consultant IIanJ 4~y Gunter-Rogue Planning & Developmen ^~rtines E-h(3riI afllYllrltr°r.PIaI111Ir1g@g1i
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A'ddres, 33 N Central Avenue, Suite 2.13 Ci-y Medford Zip 97501
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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.
S~ 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 will 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 Wain 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.
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ROGUE PLANNING G DEVELI]PMENT SERVICES, LLC
October 22, 2018
Site Review for Accessory Residential Unit
Sub'ect Pro pert
Property Address: 1131 Oak Street
Map & Tax Lots: 39-1E-04RD: Tax Lots: 1902
Zoning: R-1-5-P
Adjacent Zones: R-1-5-P; R-1-5
Property Owner: Timothy and Susan Cate Revocable Living Trust
471 Parkside Drive
Ashland, OR 97520
Applicant:
Milo Shubat
Ashland Design Solutions
350 Taylor Street
Ashland, OR 97520
Planning Consultant: Amy Gunter
Rogue Planning & Development Services
33 N Central Avenue, Suite 213
Medford, OR 97501
OCT 23 2018
CI y NSNW6
9Wn
ROGUE PLANNING G DEVELOPMENT SERVICES, LLC
Request:
A request for a Site Design Review Permit for an accessory residential unit in the R-1-5 zone. The ARU is
proposed as an addition to the existing detached garage that is accessory to the primary residence on
the site.
Property Description:
The subject property is a corner lot on the west side of Oak
Street, southwest of the intersection of Oak Street and Nevada
Street.
The property and the adjacent properties to the west and south
are zoned R-1-5-P. The property to the north across Nevada/ C
Street is zoned and is zoned R-1-5, Residential Single-Family. The subject property is the parent parcel of a 1990s partition that created the adjacent parcel to
the west at 138 Nevada
Street. The lot has 87-feet of frontage an Nevada Street to the
r
north and 115.28 feet of frontage on Oak Street to the east and
is 9,940 square feet in area. ` = mm
The site is occupied by a 1,428 square foot single-story
residence constructed in 1948. The structure is sited near on ;
southern portion of the property and is oriented towards Oak
Street. To the north of the residence is a detached, 600-square 90' ~so~" ,9«" ;z '
foot two-car garage. The garage doors are oriented towards Oak
•r•` cs 1a 1,
Street with a 22-foot setback. The garage is setback 14-feet
from Nevada Street.
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When the lot was developed in 1948, the narrower of the ;"51 C55[E;5 e~ ~
frontages was on Oak Streetr at the timef the lot extended 156- ( IMA':,-
• So6oo ,bas" ;ibaa''°"". ~
feet to the west. When the lot was partitioned in the 1990s, the
existing residence and the garage demonstrated compliance with the basic setbacks of the zone for the
"new" front, side and rear lot lines following the partition.
The property coverage also includes an existing 145 square foot deck, and 675-square feet of paved
driveway and walkways.
The existing lot has approximatly 28 percent lot coverage.
OCT 203 2018
RDGLIE PLANIiIIIG 8 DEVELDPMEiiT SERVICES, LLC
Proposal:
The request is to allow for the construction of a new accessory residential unit (ARU). The ARU is
proposed as an addition to the existing, detached garage.
The proposed ARU is 714-square feet, two-bedroom unit. The proposal is to have 164-square foot front
porch that will provide orientation towards the lots front yard, East Nevada Street. The addition is
proposed on the west side (rear) of the garage. Within the existing garage footprint, 130 square feet,
will also be remodeled for a laundry/utility annex for shared use.
The existing garage encroaches on the minimum front yard setback along East Nevada Street with a 14-
foot setback where 15-feet is required. The proposed structure complies with the underlying setbacks
of the zone and no changes to the non-conforming portion of the structure are proposed.
The property is served by an existing driveway. This provides for the two off-street parking spaces
required for the primary dwelling unit. The addition of the ARU requires two (1.75 spaces/unit)
additional parking spaces. With more than 200-feet of curb frontage, two on-street credits are sought
for the ARU.
Attachments:
Site Plan
Floor Plan
Yard. An open space on a lot which is unobstructed by a structure, and measured from a lot line to the
nearest point of a building. May also be an area defined by required setbacks (e.g., between a building
or structure and nearest property line).
- Yard, Front A yard between side lot lines and measured horizontally at right angles to the front lot
line from the front lot line to the nearest point of the building.
- Yard, Side An open space between the front and rear yards measured horizontally and at right angles
from the side lot line to the nearest point of the building.
- Yard, Rear A yard between side lot lines and measured horizontally at right angles to the rear yard
line from the rear yard line to the nearest point of the building.
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 Times New Roman and the applicant's
responses are in Calibri font.
E E
OCT 23 2018
)1; F' fF(h .F
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ROGUE PLANNING G QEVELORINT SERVICES, LLC
CRITERIA from the Ashland Land Use Ordinance
B. Applicability. Except as otherwise required by an overlay zone or plan district, the following
standards apply to residential development pursuant to section 18.5.2.020. See conceptual site plan of
multi-family development in Figure 18.4.2.030.
1. Accessory Residential Units. Unless exempted from Site Design Review in 18.2.3.040.A, only the
following standards in Chapter 18.4.2 apply to accessory residential units: building orientation
requirements in 18.4.2.030.C, garage requirements in 18.4.2.030.D, and building materials in
18.4.2.030.E. If an accessory residential unit is located in the Historic District overlay, the standards in
18.4.2.050 also apply. See the Special Use Standards for accessory residential units in section
18.2.3.040.
18.5.2.050 Site Design Review
A. Underlying Zane. 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 lot area exceeds minimum lot area in the zone with 9,940 square feet of lot area in the R-1-5 zone.
The existing garage structure will be added onto to create the new, single story, 712-square foot ARU
space. The proposed addition to the garage structure complies with underlying setbacks of the R-1-5
zone as described in AMC 18.2,5.030.A; Standards for Urban Residential Zones and the definition of lot
lines found in AMC 18.6.030. The narrower street frontage of the lot is East Nevada Street and Oak is
considered a side for the purposes of setbacks. Opposite East Nevada Street is the rear yard and
opposite Oak Street is a side yard setback.
The proposed unit will have a front porch to provide orientation to the public street upon which the
unit fronts.
The 712-square foot accessory unit is less than 50 percent of the square footage of the primary
residence which is 1,428 square feet in area based on on-site measurements.
The lot has vehicular access via the existing driveway access from Oak Street. The primary residence is
on the back half of the property and is oriented towards Oak Street. The accessory unit in not required
to meet density standards. The proposed lot coverage at 37 percent complies with the maximum lot
coverage in the zone.
,C
Standards for Residential Zones; OCT
18,23.040 Accessory Residential Unit
City o M
l
ROGUE PLANNING C DEVELOPMENT SERVICES, LIE
Accessory residential units are subject to Site Design Review under chapter 18.5.2, except as
exempted in subsection 18.2.3.040.A, below.
A. Exemptions. Accessory residential units are permitted outright with an approved
building permit, and are allowed without a Site Design Review under chapter 18.5.2
provided that the accessory residential unit meets all of the following requirements.
The property is in the R-1-5 zone, but the unit is not exempt from Site Design Review.
The proposed accessory residential unit meets the requirements of the applicable zone
found in subsection 18.2.3.040,E3.
The accessory residential unit is not attached to the primary residence nor within an
existing primary residence. It is instead an addition to the detached garage.
The property has two off-street parking spaces within the garage.
B. 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.
The proposal is for one accessory residential unit in addition to the existing
residence.
2. Accessory residential units are not subject to the density or minimum lot area
requirements of the zone.
The unit complies.
3. The maximum gross habitable floor area (GHFA) of the accessory residential
unit shall not exceed 50 percent of the GHFA of the primary residence on the lot,
and shall not exceed 1,000 square feet GHFA.
The GHFA of the accessory residential unit is 718 square feet in area. This is less
than 50 percent of the GHFA of the 1,428 square foot residence on the property.
4. The proposal shall conform to the overall maximt~eiteck
requirements of the underlying zone.
OCT 23 2018
V
ROGUE PLANNING 9 DEVELOPMEtIT SERVICES, LLC
The proposed lot coverage, following construction of the accessory residential
unit is 3,726 square feet which is 37 percent, less than the allowed 50 percent
coverage in the 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 requirements in
subsections 18.4.3.080.D.I and 18.4.3.080.D.2 and paving requirements in
subsection 18.43.080.EA1
The proposal requires an two additional vehicle parking spaces. The property has
two on-street parking spaces along the Oak Street frontage of the property.
There is 114-feet along Oak, excluding the 20-foot corner setback and the 14-
foot driveway, 80-feet of uninterrupted street frontage exists along the frontage.
This exceeds the required 44-feet of frontage for two vehicle credits on-street.
B. Overlay Zones. The proposal complies with applicable overlay zone requirements (part 18.3).
To the applicant's knowledge, there are no applicable overlay zone requirements.
C. Site Development and Design Standards.
The trash / recycle area will be provided in a screened enclosure to the north of the garage. The refuse
area will not be visible to the public street.
Building Materials. Building materials and paint colors should be compatible with the
surrounding area. Very bright primary or neon-type paint colors, which attract attention to the
building or use, are unacceptable.
The building materials will match the existing structure and are compatible with the
surrounding area. Lights that are shrouded to shine onto the subject property only are proposed.
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.
There is a well-established "street" trees along Oak Street. A new street tree a/ul b 1, mte
along the East Nevada Street frontage. There area overhead powerlines cjpct i~t`e
choices.
OCT 23 10,013
r~ t:>
ROGUE PLANNING G DEVELOPMENT SERVICES, LLC
Landscape / Tree Protection:
The yard area is nicely landscaped with established trees on the site. Tree protection fencing will
be provided around the tree at the corner near the driveway. A six-foot fence separates the
property from the neighbor's property providing protection for the trees on the adjacent
properties. Fencing exists behind the SFR to provide protected areas for the trees near the house
out of the area of construction.
A 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 and presently service the SFR and the ARU. Water, sewer and storm
drainage will be connected to the existing system. A separate electric service and meter for the ARU will
be installed.
Both Streets are paved with curb, gutter, and sidewalk along the frontage of the property. The property
is served by a 14 foot wide curbcut that leads to the two-vehicle garage.
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City of Ashland
Community Development Department PERMIT NUMBER
51 Winburn Way PA-T1-2018-00031
Ashland, OR 97520
Telephone: 541-488-5305 PPIy Date: 10123!2018
Inspection Line: 541-552-2080
Plan Type: Type I Planning Action
Work Class: Type I Planning Action
Ma p.& Tax Lot Pro a Address
391 E~04t3D1902 1131 Oak St
Owner Information Applicant Information
Owner: TimothylSusan Cate Trustee Applicant: Rogue Planning and Development
Owner 471 Parkside Dr Applicant 33 N Central Ave 213
Address: Ashland, OR 97520 Address: Medford, OR 97501
Phone: - Phone: (541) 951-4020
Project Description
ARU. Site Design Review
Fees
Fee Description: Amount:
Accessory Residential Unit (Type i) $696.00
Applicant: Date:
ITotal Fees: 1 $696.00