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C_1005_PA-T1-2018-00039
CITY F ASHLAND April 15, 2019 Notice of Final Decision On April 15, 2019, the Community Development Director approved the request for the following: Planning Action: PA-T1-201800039 Subject Property: 1005 C Street Applicant: Micah Lieberman Description: A request for Site Design Review to add three additional multi-family units on the property at 1005 C Street (two in front of the house, and one to the rear). Each unit is less than 500 square-feet. The application includes three Exceptions - one to reduce landscape buffer between the parking and property to the East, one to reduce landscape buffer between the parking and the unit and one to orient the back unit to the alley rather than to C Street. COMPREHENSIVE PLAN DESIGNATION: High Density Residential; ZONING: R-3; ASSESSOR'S MAP: 39 lE 09AD; TAX LOT: 2000. The Community Development Director's decision becomes final and is effective on the 12th day after the Notice of Final Decision is mailed. Approval is valid for a period of 18 months and all conditions of approval identified on the attached Findings are required to be met prior to project completion. The application, all associated documents and evidence submitted, and the applicable criteria are available for review at the Ashland Community Development Department, located at 51 Winburn Way. Copies of file documents can be requested and are charged based on the City of Ashland copy fee schedule. Prior to the final decision date, anyone who was mailed this Notice of Final Decision may request a reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUM) 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 1i'wN ashland.ot%us 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 making a decision. 2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall decide within three days whether to reconsider the matter. 3. If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any party entitled to notice of the planning action. 4. If the Staff Advisor is not satisfied that an 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. Wino 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 Typo 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 18.5.1.050.0.1, 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 cormnunity 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. T nae 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 offlppeal. Tlne 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 our 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 tine 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 'T'ype 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 11 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 tine City on an appeal of a Type I decision. A decision on an appeal is final the date the City quails 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: 541488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 "r~v~v.ashland.or.us ASHLAND PLANNING DEPARTMENT FINDINGS & ORDERS PLANNING ACTION: PA-T1-2018-00039 SUBJECT PROPERTY: 1005 C Street OWNERS/APPLICANTS: Micah Lieberman DESCRIPTION: A request for Site Design Review to add three additional multi- family units on the property at 1005 C Street (two in front of the house, and one to the rear) and a request for a Variance to add driveway off of Eureka Street. The application includes three Exceptions - one to reduce landscape buffer between the parking and property to the East, one to reduce landscape buffer between the parking and the unit and one to orient the back unit to the alley gather than to C Street. COMPREHENSIVE PLAN DESIGNATION: High Density Residential; ZONING: R-3; ASSESSOR'S MAP: 39 1E 09AD; TAX LOT: 2000 SUBMITTAL DATE: December 21, 2018 DEEMED COMPLETE DATE: March 5, 2019 STAFF APPROVAL DATE: April 15, 2019 DEADLINE TO APPEAL (4:30 p.m.): April 29, 2019 FINAL DECISION DATE: April 30, 2019 APPROVAL EXPIRATION DATE: October 30, 2020 DECISION The proposal is a request to construct three new residential dwelling units at the property located at 1005 C Street. The proposal includes two, attached units located in the front of the property, and one cottage at the rear. The application also includes a request for a Variance to accommodate a driveway on Eureka Street. The property is located in the Multiple-Family High Density Residential Zone (R-3). The subject property is located on the east side of C Street between Eureka_ Street and an alley. The surrounding neighborhood is comprised of a mix of single-family homes and properties with multiple residential units. The property is located just outside the Railroad Historic District. The subject property as well as the area to the north and cast are zoned Multiple-Family High Density Residential (R-3). The area to the south of the property is Multiple-Family Low Density Residential (R- 2). The area to the northeast of B Street is zoned Employment (E-1). There is a 1,112 square-foot, one-story, single-family residence, built in 1958 and remodeled in 2015, situated in the center of the property. The rear yard behind the home is relatively large at approximately 120' deep. The rear yard is vacant and includes most of the trees on the property. The home has about 40- feet of front and rear yard area with about 20-feet of side yard area on both sides. The bulk of the trees are situated to screen the property from C Street. The proposed attached units are both 498 square-feet and the proposed detached unit is 450 square-feet Gross Habitable Floor Area (GHFA). The attached units are proposed to be oriented to Eureka, and the rear unit is proposed to he oriented to the alley. The alley is 15-feet wide, paved, runs west to east, and connects C Street to Emerick Street. PA-T1-2018-00039 1005 C StAk Page 1 Base Zone The property is relatively flat with a bit of a slope uphill between the alley on the south side and Eureka on the north side. The proposed development complies with all of the applicable provisions of R-3 zoning. The lot is 0.19 acres (about 8300 square-feet) and has a base density of 3.75 units. The proposed density is 3.25 units 0 + 3 *.75). Units that are less than 500 square feet of gross habitable floor area count as .75 of a unit for purposes of density calculations in accordance with AMC 18.2.5.080.B.3. The front units take advantage of the eight-foot unenclosed porch setback and 15-foot regular setback. The development meets street side and interior side setbacks. The rear unit meets the alley's reduced four- foot setback for structures less than 15-feet in height (AMC 18.2.5.060.13); the posts on the covered porch are set back 6-feet from the property line. According to the application, the existing structures, proposed structures and paving will cover 51-percent of the lot, which is below the maximum of 75 percent that is allowed for the R-3 zone. A building separation of half of the height of the tallest building with a maximum of 12 feet is required between existing and proposed structures in accordance with AMC 18.2.5.030.A. All proposed cottages meet building separation requirements. The cottage at the rear is located six-feet, eight-inches from the house. The attached cottages are located ten-feet from the house. The application materials describe the house as the tallest building height between the attached cottages at 19-fect, nine-inches. The cottage is described as the tallest building height between the cottage and the house on the south side at 13-feet, eight-inches. Site Design Review The application is required to meet the approval criteria for Site Design Review in AMC 18.5.2.050 for the development of multiple residential dwelling units on one lot. The proposal is subject to the -site development and design standards for residential development in AMC 18.4.2.030. The layout of the units minimizes distances fiom parking to dwellings while allowing window surveillance of vulnerable areas. Parking is located adjacent to the rear unit and is not between the building and the street. The building materials proposed are compatible with the existing residence and the surrounding area; the neighborhood is an eclectic mix of colors and types of dwellings. The landscaping places low shrubs that screen while not blocking surveillance of open areas by the tenants. Street trees are already established along both frontages, and a couple additional small trees at the front are proposed. According to the application, "The elevations are designed to provide distinguishing facades, varied roof pitches, different wall heights for the two shared-wall units, and different window placement for each cottage to avoid a repetitive appearance." Both attached cottages at the front are oriented to Eureka Street, but an Exception was requested for the building orientation to the street per 18.4.2,030.C.1 for the rear cottage. The rear cottage (cottage 43) is proposed to be oriented to the alley as opposed to C Street. C Street bends directly adjacent to the proposed cottage location. According to the applicant, this results in cars traveling at higher speeds abruptly turning and in cars' lights shining at the proposed cottage location. The proposal includes a wrap-around patio and walkway to connect the entrance of the cottage to the street, which meets the intent of a pedestrian- oriented entrance, sense of entry and an attractive street view. PA-T1-2018-00039 1005 C StAk Page 2 Eight-percent of the lot is required to be designated open space for recreational use by the tenants. Over 2,000 square-feet of open space is proposed including each unit's patios, and only about 700 square-feet of open space is required. Per 18.4.3.040, the development requires 5 parking spaces. Three are proposed off the alley, one is requested as an on-street credit and one in the proposed driveway off Eureka Street. Up to 50-percent of required parking spaces can be compact per 18.4.3.080.B.2, so one of the alley spaces and the driveway space are proposed to be compact. A condition has been added to adjust the spaces off of the alley slightly to ensure the 22-feet back-up requirement is met per 18.4.3.080. B.3. A Variance to AMC 18.4.3.080.C.5 is requested to install a driveway on Eureka rather than consolidating parking off the alley and on-street. The one requested on-street credit is a reasonable request; site visits by the project planner have shown the on-street parking in the vicinity is not heavily used. Variance The proposal includes a Variance for a driveway at the northeast corner of the property to accommnodate one parking space. The original application included two on-street parking credits, but two parallel parking spaces require 44 contiguous feet along the curb at the front of the property per 18.4.3.060.A. The Variance meets the approval criteria of 18.5.5.050. Due to the unique physical circumstance of the fire hydrant near the intersection of the north and east property lines and the corner setback from the Eureka and C intersection, there is not enough curb width for two parallel parking spaces - although in practice, there are often two cars parked on that frontage. The applicants have proposed a curb cut for a driveway to accommodate the fifth space, and the curb cut's location will still allow an on-street parking space between the coiner and the curb cut (31 feet of width remains). The situation is not self-imposed; the hydrant was installed with the development of the adjacent property and the comer's location predates the applicant's ownership of the property. The Variance is the minimum necessary to accommodate the fifth required parking space while meeting required parking space dimensions. The benefits of the proposal include three rentals less than 500 square-feet in size and the preservation of on-street parking. The curb cut does not reduce the number of on-street parking spaces available to the public. The proposed development requires five sheltered bicycle parking spaces in accordance with AMC 18.4.3.070. The application indicates a bicycle parking space will be provided on the covered patio for each of the new units and two spaces on the existing covered deck for the existing unit. It is unclear whether the dimensional requirements and type of rack for the patios meet the Bicycle Parking Design Standards in AMC 18.4.3.070.1 and J. A condition is added requiring that the bicycle parking specifications are provided with the building permit submittals-and shall meet the requirements of AMC 18.4.3.070.1 and J. The proposed landscaping conforms to the minimum landscape area standards of 18.2.5.030.A. All existing trees are proposed to be retained and established street trees line both street-side fi•ontages. One street tree for every 30-feet is provided. The plant selection includes a variety of shrubs, trees and groundcover maintains visibility in defensible spaces. Recycle and Refuse containers are proposed to be screened. PA-TI-2018-00039 1005 C StAk Page 3 Two exceptions are requested for screening abutting properly lines (18.4.4.030.F.2.a) and screening adjacent to residential building (18.4.4.030.F.2.b) at the rear of the property. The buffers are proposed to be reduced to 2.5-feet and four-feet respectively, lower than the five-feet and eight-feet required. The alley frontage is 64-feet in width, which can only accommodate the street-side setback, cottage and parking by reducing the required buffers. The buffer between the parking and adjacent property provides space to open a passenger door while also providing suitable landscaping. Fencing is already existing to provide additional screening on the east property line. The access of the parking is not affected by the reduced buffers and the reduction of each buffer is the minimum to alleviate the difficulty. The buffers fit this particular site while still leaving sufficient space for plant life and landscape features. The tree inventory submitted with the application indicates 6 trees over six-inches diameter at breast height (dbh) located on the subject property or very near the property line. No trees are proposed for removal. Tree Protective fencing per 18.4.5.030.C is proposed on the west side of the property along the drip lines of existing trees, and is required to be installed prior to site work. Applicant's submittals include solar setbacks calculations that meet Solar Access standards per 18.4.8. The site's required solar setback for the cottages on the north side of the property is 35-feet. The setback provided is greater than 60-feet due to the Eureka right-of-way to the north. Sidewalks are not being required along the C Street and Eureka Street frontages as part of this application. The C Street corner does not have sufficient space for sidewalk installation; additional comprehensive planning and right-of-way is needed to include sidewalks on that frontage. On the opposite side of the street, sidewalks are existing, continue west down C Street and east down Eureka Street. On the Eureka frontage, sidewalks have not been installed on any frontage on the south side. This portion of C Street adjacent to the subject property does not have an opportunity for pedestrian crossings to utilize sidewalks that could be installed on the south frontage of Eureka. The existing sidewalks provide a safer path for pedestrians. An LID agreement is required with property owner's signature as a condition of this approval. The Site Design Review approval criteria require that the public facilities including water, sewer, electricity and storm drainage will be provided to serve the development. In addition, adequate transportation and paved access is required to serve the property. The site is served by city facilities including water and sanitary sewer in C Street and electric at the front of the property on Eureka. The storm drainage from the subject property and proposed development will be collected at the rear and connected to a storm drain line in C Street. -C Street and Eureka jointly provide pedestrian, bicycle and vehicle access to the property. The alley at the rear of the property provides vehicular access to the units located at the rear of the property and is already paved to 12-feet in width. One neighbor's comments were received regarding the application. Issues that were raised included the lack of clarity in the submittals, mistakes made with solar setbacks and utility line location, lack of trash/recycle areas and the lack of adequate street frontage for two on-street credits. All of the issues raised were addressed in more detail with the applicant's March 1, 2019 submittal and the application was re- noticed with the proposed Variance. The remaining issues are addressed by the application materials, as well as by this report. PA-TI-2018-00039 1005 C StAk Page 4 The criteria for Site Design Review approval are 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. 8. 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 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 approval criteria for a Variance are in AMC Chapter 18.5.5.050 as follows. A. The approval authority through a Type i or Type 11 procedure, as applicable, may approve a variance upon finding that it meets all of-the following criteria. 1. The variance is necessary because the subject code provision does not account for special or unique physical circumstances of the subject 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 benefits will be greater than any negative impacts on the development of the adjacent uses 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. I'A-TI-2018-00039 1005 C StAk Page 5 In staff s assessment, the application with the attached conditions complies with applicable ordinances and meets all required criteria. Plaruzing Action #TI-2018-00039 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 #TI- 2018-00039 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 modified herein. 2) That the following items shall be submitted for review and approval of the Ashland Planning Division prior to the issuance of the building permit. a) That a separate address for the three new dwelling units 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. b) That an engineered storm drainage plan shall be submitted for review and approval of the Ashland Planning, Building and Engineering Divisions prior to work in the public right- of-way and prior to installation of any improvements in the alley. C) That storm 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. d) The requirements of the Ashland Fire Department, including the installation of any required fire hydrants and fire apparatus access and turnaround requirements shall -be complied with prior to issuance of the building permit or the use of combustible materials, whichever applicable. Fire Department requirements shall be included on the engineered construction documents for public facilities. If afire protection vault is required, the vault shall not be located in the sidewalk. e) That the electric service shall be installed underground in accordance with 18.4.6.090.0. The electric service plan shall be reviewed aid approved by the Ashland Electric Department prior to installation. f) The building permit submittals shall verify that the bicycle parking meets the design and rack requirements are met in accordance with 18.4.3.070.I and J. g) That the site plan, tree protection plan and arborist report shall be coordinated and revised regarding utility line location in relation to trees that are identified as preserved and protected. PA-TI-2018-00039 1005 C StAk Page 6 h) That the tree protection fencing shall be installed according to the approved plan prior to any site work, storage of materials or issuance of the building permit. The tree protection shall be inspected and approved by the Ashland Planning Division prior to site work, storage of materials or the issuance of a building permit. The tree protection shall be chain link fencing six feet tall and installed in accordance with AMC 18.4.5.030.C. 3) That the plans submitted for the building permit shall be in substantial 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 shall be submitted and approved prior to issuance of a building permit. 4) That the building permit submittals shall include the following information and revisions. a) Lot coverage calculations including all building footprints, driveways, parking, patios and circulation areas. b) Solar setback calculations demonstrating that all new construction complies with Solar Setback Standard A in the formula [(Height -6)/(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) The exterior building materials and paint colors shall be identified on the building plans and shall not be very bright primary or neon paint colors in accordance with AMC 18.4.2.030.E. d) That all outdoor lighting shall be directed downward with full shielding in accordance with AMC 18.4.4050 and locations and specifications shall be included in the building permit submittals. C) That location and type of any mechanical equipment, including but not limited to heating and cooling systems, shall be shown on the building permit submittals. Heat pumps, air conditioning units and similar mechanical equipment shall meet the requirements and noise levels of AMC 9.08.170E.3. f) That the back-up requirements of AMC 18.4.3.080.8.3 for the parking spaces off of the alley be shown to be met on the site plan included in the building permit submittals. g) That the vision clearance triangle requirements of AMC 18.2.4.040 be shown to be met by the proposed buildings on the site plan included in the building permit submittals. h) That a Fire Prevention and Control Plan addressing the General Fuel Modification Area requirements in AMC 18.3.10.100.A.2 of the Ashland Land Use Ordinance shall be provided prior to bringing combustible materials onto -the property, and any new landscaping proposed shall comply with these standards and shall not include plants listed on the Prohibited Flanunable Plant List per Resolution 2018-028. PA-TI-2018-00039 1005 C StAc Page 7 5) That prior to the issuance of the certificate of occupancy for any of the new residential dwelling units the following shall be completed. a) That all public improvements shall be installed to City of Ashland standards under permit from the Public Works Department and in accordance with the approved plan. b) The landscaping and irrigation shall be installed in accordance with the approved plans prior to issuance of the certificate of occupancy for any of the new dwelling units. Vegetation shall be installed in such a manner as to be substantially established within one year of installation. c) That the bicycle and vehicle parking facilities shall be installed in accordance with the approved plan prior to issuance of certificate of occupancy for any of the new dwelling units. d) That recycle and refuse containers for subject propeitf and dwelling units shall be screened from adjacent properties and public right-of-ways. e) That the property owner shall sign in favor of Local Improvement District (LID) for the future street improvements, including but not limited to paving, curb gutter, storm drainage, sidewalks and undergrounding of utilities for C Sheet and Eureka Street. Nothing in this condition is intended to prohibit an owner/developer, their successors or assigns from exercising their rights to freedom of speech and expression by orally objecting or participating in the LID hearing or to take advantage of any protection afforded any party by City ordinances and resolutions. f) That the new driveway approaches be permitted through the Engineering Division and are required to be separated from existing driveways and each other by a minimum of 24-feet per City Street Standards. The driveway curb cuts shall be installed and inspected prior to the issuance of a building permit for either parcel. g) That the existing curbeut on C Street shall be closed, inspected, and approved by the Staff Advisor. h) That all fencing shall be consistent with the provisions of the "Fences and Walls" requirements in AMC 18.4.4.060 and fence permits shall be obtained prior to installation. B' 1 Molnar, Con unity Development Director Dat PA-'Fl-2018-00039 1005 C stAc Page 8 J I 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 April 15, 2019 1 caused to be mailed, by regular mail, i:n 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-T1-2018-00039, 1005 C Street. Signature of Employee CSUsersksmthdaAFNHP0esk1oq , F1UAVITGHMA1L1NG_ds.doex41W2019 PA-T1-2018-00039 391E09AD 2101 PA-T1-2018-00039 391E09AD 80001 PA-T1-2018-00039 391E09AD 2000 A P GROUP LLC AGH TRUST 11504 ET AL CASA CONTENTA LLC 317 N MAIN ST PO BOX 336 944 KESTREL PKWY ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-Ti -2018-00039 391 E09AD 3400 PA-T1-2018-00039 391 E09AD 3700 PA-T1-2018-00039 391 E09AD 1500 CHERTKOV LYNN SCHOONMAKER REV DELUCA RONALD L TRUSTEE ET AL EDDINGTON MARY J LIV TRUST 228 MORNINGLIGHT DR 1045 E MAIN ST 1001 EUREKA ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2018-00039 391 E09AD 3500 PA-T1-2018-00039 391 E09AD 1800 PA-T1-2018-00039 391 E09AD 3100 HETLAND BARBARA I TRUSTEE ET AL HOGAN FAMILY REV TRUST ET AL JOHNSON RICHARD C/LINEA R 985 E MAIN ST 75 ZIRCON PL 130 8TH ST ASHLAND, OR 97520 SAN FRANCISCO, CA 94131 ASHLAND, OR 97520 PA-T1-2018-00039 391E09AD 2603 PA-T1-2018-00039 391E09AD 2900 PA-T1-2018-00039 391E09AD 2500 JOLKOVSKY DAVID L TRUSTEE ET AL KNOBLE PATRICIA A TRUSTEE ET AL LIVSHITS IGOR 1106 WESTFIELD TER 156 8TH ST 7783 CORNWALL CIR DAVIS, CA 95616 ASHLAND, OR 97520 BOULDER, CO 80301 PA-T1-2018-00039 391 E09AD 1900 PA-T1-2018-00039 391 E09AD 2200 PA-T1-2018-00039 391 E09AD 3301 MARKS MALIA C10 JENNIFER MARKS MC CARTNEY DENNIS E MKH PROPERTY MGMT CO LLC 1808 SISKIYOU BLVD 47 EMERICK ST 2022 CRESTVIEW DR ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2018-00039 391E09AD 3303 PA-T1-2018-00039 391E09AD 3600 PA-T1-2018-00039 391E09AD 3000 PRICE JOHN CIKELLER ERIN REDDISH HOPE ET AL ROSTYKUS PAUL S 973 C ST 975 E MAIN ST 436 GRANDVIEW DR ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2018-00039 391 E09AD 2300 PA-T1-2018-00039 391 E09AD 3200 PA-T1-2018-00039 391 E09AD 1700 SISKIYOU SACRED SPACES LLC CIO STRAUB KELLY NASH TRUSTEE ET AL WEISLER FAYE CHOICE ONE PM 110 8TH ST 2305 ASHLAND ST C PO BOX 1485 ASHLAND, OR 97520 ASHLAND, OR 97520 MEDFORD, OR 97501 PA-T1-2018-00039 391 E09AD 1600 PA-T1-2018-00039 1005 C Street WEISS PHILIP M TRUSTEE ET AL LIBERMAN MICAH 04-15-2019 NOD 220 N ZAPATA HWY 11 944 KESTREL PKWY 23 LAREDO, TX 78043 ASHLAND, OR 97520 2 emails 2k1AI4 60,004 ?t!v'{k ~t~}f1u 3341 %Ooz Bowl 24" 90004 95 2141 WOO ISO j Planning Department, 51 winbum way, Ashland, Oregon 97520 [ T Y 0 F ,i t~ 541 -488-5305 Fax; 541-552-2050, www.ashdand,or.us TTY: 1-800-735-290O y , ; PLANNING ACTION: PA-T1-2018-00039 SUBJECT PROPERTY 1995 C Street OWNER APPLICANT: Micah, Lieberman DESCRIPTION: A request for Site Design Review to add three additional multi-family units on the property at 1905 C Street (two in front of the house, and one to the rear) and a request for a Variance to add driveway off of Eureka Street, The application includes three Exceptions - one to reduce landscape buffer between the parking and property to the East, one to reduce landscape buffer between the parking and the unit and one to orient the back unit to the alley rather than to C Street. COMPREHENSIVE PLAN DESIGNATION: High Density Residential; ZONING: R-3; ASSESSOR'S MAP 391 09AD; TAX LOT: 2000 NOTICE OF COMPLETE APPLICATION: March 5, 209 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: March 19, 201'9 50 2 ! 1~2 09 8 i 1.121 30 j _ - X52 i4 il9f 0 C1 1~i 5 1187 1 5 1` 5 4 85 C'9 go 110 1901 - 4 82 82 l l EUREKA S1- d i s'o 10 1n; 7 6 3 a J r1 7~ i ~170~ 1C)L ti ' I- 4 ff I 43 '02P @" r co g~. 7 SIJB'JECT PROPERTY 1805 C ST :::?-PLANNING c -2018-000391 /J ; 4 94 ~ 94 A"tCTlt~ #T1 { ~ f F 33 f)4W / 1 ) ~5~ ~ ~ ~ W i i 1oo1i 104 15 A/7A IN sr , 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, 1 winburn way, Ashland, Oregon 97520 prior to 4:301 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 rna'ke 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, l 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 ILU'BA 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 rehed upon by the applicant and ap;pkica'ble criteria are available for inspectiion at no cost, and will be provided at reasonable cost, if requested, All materials are available at the Ashland Planning Division, Community Development 8i Engineering Services Building, 51 Winburn Way, Ashland, Oregon 975201. If you have questions or comments concerning this request, please feel free to contact Fotini Kaufman at 541-488-5305. G.\coinni-dewMplinningT]inning Actions\Nalacigq. FoldeANIailed Notices & Signsl2Ol93 PA-T1-2019-009039_renotice.dar.I SITE DESIGN AND USE STANDARDS 18.5.2.050 The following criteria shall be used to approve or deny an application: A. Underlying Zone: The proposal complies with all of the applicable provisions of the underlying zone (part 18.2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards. B. Overlay Zones: The proposal complies with applicable overlay zone requirements (part 183). 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 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. G.1con3m-dec+planning4Planning Actionsls\oticing Folderllsfailed Notice s fi Signs~26S9\PA-TI-2018-06034_renotice.docx { I AFFIDAVIT OF MAILING STATE OF OREGON County of Jackson The undersigned being first duly sworn states that; 1. 1 am employed by the City of Ashland„ 20, East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On March 5, 2019 1 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for Planning Action #PA-T1-2918-09039, 10015 C Street. Signat re of Employee DocumenQ 34019 PA-T1-2018-00039 391E09AD 2101 PA-T1-2018-00039 391E09AD 80001 PA-T1-2018-00039 391E09AD 2000 A P GROUP LLC AGH TRUST 11504 ET AL CASA CONTENTA LLC 317 N MAIN ST PO BOX 336 944 KESTREL PKWY ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2018-00039 391E09AD 3400 PA-T1-2018-00039 391E09AD 3700 PA-T1-2018-00039 391E09AD 1500 CHERTKOV LYNN SCHOONMAKER REV DELUCA RONALD L TRUSTEE ET AL EDDINGTON MARY J LIV TRUST 228 MORNINGLIGHT DR 1045 E MAIN ST 1001 EUREKA ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2018-00039 391E09AD 3500 PA-T1-2018-00039 391E09AD 1800 PA-T1-2018-00039 391E09AD 3100 HETLAND BARBARA I TRUSTEE ET AL HOGAN FAMILY REV TRUST ET AL JOHNSON RICHARD CILINEA R 985 E MAIN ST 75 ZIRCON PL 130 8TH ST ASHLAND, OR 97520 SAN FRANCISCO, CA 94131 ASHLAND, OR 97520 PA-T1-2018-00039 391E09AD 2603 PA-T1-2018-00039 391E09AD 2900 PA-T1-2018-00039 391E09AD 2500 JOLKOVSKY DAVID L TRUSTEE ET AL KNOBLE PATRICIA A TRUSTEE ET AL LIVSHITS IGOR 1106 WESTFIELD TER 156 8TH ST 7783 CORNWALL CIR DAVIS, CA 95616 ASHLAND, OR 97520 BOULDER, CO 80301 PA-T1-2018-00039 391E09AD 1900 PA-T1-2018-00039 391E09AD 2200 PA-T1-2018-00039 391E09AD 3301 MARKS MALIA ET AL CIO JENNIFER MC CARTNEY DENNIS E MKH PROPERTY MGMT CO LLC MARKS 47 EMERICK ST 2022 CRESTVIEW DR 1808 SISKIYOU BLVD ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2018-00039 391E09AD 3303 PA-T1-2018-00039 391E09AD 3600 PA-T1-2018-00039 391E09AD 3000 PRICE JOHN CIKELLER ERIN REDDISH HOPE ET AL ROSTYKUS PAUL S 973 C ST 975 E MAIN ST 436 GRANDVIEW DR ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2018-00039 391E09AD 2300 PA-T1-2018-00039 391E09AD 3200 PA-T1-2018-00039 391E09AD 1700 SISKIYOU SACRED SPACES LLC CIO STRAUB KELLY NASH TRUSTEE ET AL WEISLER FAYE CHOICE ONE PM 110 8TH ST 2305 ASHLAND ST C PO BOX 1485 ASHLAND, OR 97520 ASHLAND, OR 97520 MEDFORD, OR 97501 PA-T1-2018-00039 391 E09AD 1600 1005 c street WEISS PHILIP M TRUSTEE ET AL 316/2019 220 N ZAPATA HWY 11 22 LAREDO, TX 78043 j 'Nl' q z I, ld;IfjD 22 11~ ~ B.. dl I ~ I~~'~ v4eAIll w ,k k u Y M 0 1 130 TJ' ~m o 2 6 r 2ol 0110, 2900 20 864 HIDOI H "T 320,01 nol BUD 2200 im i'tD 14 ;j5oo Ago M 1660, 1 Sao q r 5, -111"o 0. 1. 0 101 00, el U0,041 .i 1 P4 1 Micah Lieberman 944 kestrel Pkwy, Ashland, OR 97520 a Cell; 781-697-7529, mail: rni, r.........mm l I f oht teary 251h, 2019 City of Ashland Community Development Department 59 +inburn Way Ashland, OR 97520 Re: Addendum Application; Addition of Three Cottages to 1005 C Street, Ashland, OR 97520 Please receive this information as an addendum to the application submitted February 111, 2019, for Planning Action. PA-T1-2018-00039, to construct three cottage homes (approx. 490 sq, ft. each) on our lot that currently has an existing 1,112 square foot single-family residence constructed in 1958 at 1005 C Street here in Ashland. The purpose of the addendum is to correct drafting errors on the site and landscaping plans, but to also propose a minor amendment to the proposal's parking plan. The applicants have met with the adjoining property owner, Peter Cipes, a local Design professional, who has offered some positive feedback and suggestions, that we would like to consider. These include: 1) Parking: The original application included two of the proposals five parking spaces along Eureka Street. However, based on the graphics and illustrated dimensions of AMC 18.4.3.060 A., On-Street Parking Credits, there is not enough curb width for two parallel parking spaces due to the setback from the corner property line and a fire hydrant on the opposite property line. Nevertheless, two standard sized vehicles could still legally park along the Eureka Street frontage as evidenced with the photos iinserted below, but would still not meet the necessary codified' dimensions. Although the applicants contend a Variance to AMC 18.4.3.060, A., is justifiable given the site's constraints, the applicants are willing to install a single space driveway adjacent to the eastern property line and request a single parking space credit along Eureka as the other parking space. In this configuration, the five necessary parking spaces are still provided, but would also require a Variance to AMC 18.4.3.080 C.S. for a new curb-cut where an alley exists along the rear property line, Note: The proposed parking configuration for a parking space along the shared property line was discussed with. the adjoining property owner who agreed with the modification. The applicants contend that because either parking scenario would have necessitated a Variance in accordance with AMC 18.5.5, the proposed parking space as described appears to be equally beneficial and the preferred design for all parties. In the end, the applicants really have no preference. As illustrated on the revised Site Plan, the proposed single space wide driveway would be setback from the adjacent fire hydrant by 2' to 3' heaving roughly 31' for the on-street credit (655 lot width - 20 corner setback - 12' driveway width - 2' hydrant setback) where 22' is only necessary per Figure 18.4.3.060 A.1. ti a"1 ?7f` t - -011Z t ~ a r:~,~i ~ , t• ~ ~ r- "A -7140- '1) t. ~ )I ~ •r/` ilf ~ r Ir~~nc1~ p'd i., 'tl ` ~ x ' + , .1 y 1 p► y,, n y . All 7, i dR . a u N t 3 Eureka. Street Frontage - illustrates capacity for single car parking space along curb, t ,clii_sive of proposed single driveway, 2 r Findings of Fact -Variance from AMC 18.4.3.080 C.5. (applicants' responses in normal font) A. The approval authority through a Type i or Type 11 procedure, as applicable, may approve a variance upon finding that it meets all of the following criteria. 1. The variance' is necessary because the subject code provision does not account for special or unique physical circumstances of the subject 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. The subject property is unique in that it is a small 8,425 sq. ft. narrow lot, surrounded by three right-of- way frontages, various mature trees and a single-family house sitting near the center of the property. The applicants desire to develop the property consistent with the multi-family (R-3) density provisions, but also remain compatible with the neighborhood as encouraged within the City's Site Design & Development Standards. In this case, the adjoining properties largely consist of single family detached homes or small bungalow style homes such as those directly abutting the subject property to the east. In this regard, the applicants have attempted to "spread" the added building volumes and massing to both the front and rear of the existing house - two units of 498 sq. ft.. (each) along Eureka and the third unit off the rear, adjacent to the alley, while still making it livable for the tenants and compatible. 4. ~ f ; ,f l~~ ~ 1 1 J r, 1 rr~yfYI rryyyttt'7 9~ P {(i' q I/ # 1 l: r - l ~ ~ wx t l ~1 T ^~STI ~f I r i- 1r f-'j r ~t M r 'k d 11f • z Most importantly, the existence of a fire hydrant located directly on the applicants' northeast property line creates an added dimensional setback of 10' along the frontage where two p,irallel parking spaces could be provided, but because of the 10' setback from the hydrant, th+_ di(im2ij,Aun falls shr:i1 for a second on-street parking space. Note: no setback is necessary from a & ivcc,,vay, as currently proposed, fi, 3 Nevertheless, it is unfortunate the hydrant was placed in this particular location during the development of the adjacent property, instead of the opposite side, as there are three hydrants within very close proximity to this end of the block (west end), whereas the other end of the block (east end) has zero (see aerial insert above). This is likely due to timing and no real master plan for hydrant placement and how their placement effects development issues. 2. The variance is the minimum necessary to address the special or unique physical circumstances related to the subject site. The proposed driveway cut off of Eureka Street is the minimum necessary to address the unique circumstances as described above. The driveway is a single parking space width, leaving an abundance of space for a parallel parking space and adequate safety clearance from the fire hydrant. 3. The proposal's benefits will be greater than any negative impacts on the development of the adjacent uses and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City. The applicant's contend the proposall's benefits will be greater than any negative impacts onto adjacent uses and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City.. The proposed units are very small, under 500 square feet, with the applicant's intention to spread the mass around the property so as to have minimal impact on the existing historic home or adjoining properties. The approach minimizes impacts to the site's trees, solar implications onto adjoining properties, view impacts and privacy impacts from neighboring residences, In fact, the placement of Cottage #I3 near the street and alley has been specifically designed to meet the Site Design & Use Standards in order to provide a visual break and minimize the visibility of parking area off the alley. Further, the applicants desire to provide small, attractive and affordable housing as an identified housing need by the City's recent Rental Needs Analysis and Housing Needs Analysis. 15 ~"~'Y r.•_ ~Y „il.i} ,i 't,r" i u' k._b u," tll'..r~t+ i ` ..1' n r f~ r k ' I t Lastly, as illustrated in the photo above, it should be noted the proposed single driveVW-ly off Eureka Street will improve upon the existing "non-conformity" of the property where the cL11TL'r1t three space - 4 j I driveway exists off "C" Street. With this proposal, the unattractive parking area and curb cut off of "C" Street will be replaced with curb, plantings and a quaint residential structure. 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 tine adjustment or land division approval previously granted to the applicant. The need for the variance is not self-imposed by the applicant or, property owner as the fire hydrant on the northeast corner was not planed there by the current property owner. If the hydrant did not exist, the applicants would have eliminated the driveway curb-cut and requested two on-street parking space credits. 2) Corrections: The addendum also includes various corrections and omissions for both the Site Plan and Landscaping Plan as mentioned in Peter Cipes' 2.21.19 correspondence including the following: a) The Site Plan and Landscaping plan are consistent; b) Building separation and existing building heights are now identified; c) Correct. Solar Access calculations are now identified; d) Existing and proposed fence heights are now identified; e) Trash and recycle areas are now identified; f) The utility line that once crossed the abutting property to the east has been modified to remain on the subject property; g) The parking spaces have been reconfigured as described herein; 3) Other.- The addendum also includes responses to general comments from Peter Cipes' 2.21.19 correspondence as it relates to requested exceptions to the Site Design and Use Standards such as: a) The reference to parking space ##3, located 2'-6" from the adjoining property to the east, is adequate to open the passenger door and exit. Landscaping within this space will need to be low_ laying with stepping stones allowing the passenger to traverse from the car to the site. Typically, this would not be an issue as there is generallly 2'-6" buffer on "both" sides of a shared property line for a total of 5', but in this case, there is a 6' fence and no buffer on the neighboring property. This is not an issue for the applicants as the narrow dimension is adequate under the right. planting conditions. b) In general, the applicants concur with the desire for Unit #13's front elevation to face the street and/or the placement of the unit further to the east, as evidenced with the applicant's pre appliicatilon plan. Unfortunately, the applicants are confronted with competing Site Design Standards that discourage parking between the street and building, buildlings within the setback area, etc. In this case, the applicants will be replacing the existing curb cut in this location with curb, adding enhanced landscaping to soften the corner alley and cottage in order to make the living space more livable and adding a smalll gated side entry with sidewalk and columnar plantings to develop a sense of entry to the unit. 5 j Overall, the applicants believe the proposed plan for three additional small units, in conjunction with the driveway variance and site design exceptions, has been well thought out for berth neighbors and future residents. in the end, we hope that everyone will be satisfied with the proposal as much as we are. Sincerely, Micah Lieberman e 6 b do Bl0di9Z/3 31V0 ylN9uaplse:uD.-p.. . 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SS-.G- m ~ m ~ O w 6 z~~N W .%S-.G wI .0•OL LLm w~ f~ g .'/.S-.Gt ^n` ~ ~m.~m ~iy.C-.G w~O.OI I o S LLI 0 o z o sl ~0 0 Z Z W I i - - Q ~ W ❑ J ill I w ~ w T I ~ p I I ~ a I 1 ~ O I I~ Fo _ M ¢.f z - l JI~ I I Q^ ~ _ O ~ I I I I a 11 oa N i ~N - L~j c ~ of o o. W z - ~o a mil= xK~ g w z 3 /.S'.L 0-.04 z z vi 10 W~~p o - 5 LLr' q-q^~ a $ n pc0 Y ~ e3 insM ~ a e - d w go w ~ ~ « CS Y V i, EC ~ULST FOR I THE MATTER O PLANNIN0, ACTION tmA-T1-2018-00039, TwIl A request for Site Design Review to add three additional multi-Ibmily units oil the N EXTENSION property at 1005 C Street (two in front of the house, and one to the rear), Each unit ~ s O THE TIME is less than 500 square-feed. The application includes three Exceptions - one to ~LIMIT reduce landscape buffer between the parking and property to the East, one to ~ CTS 227.1.78(1) reduce landscape buffer between the parking and the unit and one to orient the back unit to the alley rather thai) to C' Street. COMPREHENSIVE PLAN DESIGNATION: high Density Residential; ZONING: R-3; ASSESSOR'S MAP: 39 IE 09AD; TAX I.,OI'; 2000 APPLICANTS: Wlicah Lieberman i Applicants request a 30- day extension to the time limit set faith in ORS 227.178(1). Applicant 1 Ctt Date E Applicant Date i [Mote; ORS 227.178(5) provides that the I20-clay period set in (C)RS 22'7.178(1)) may be extended for a specified period of time at the written request of the applicant. The total of all extensions may not exceed 215 days,"] R1 2/2212019 Comments on PA 2018-000391 Applicant: Mical herman Reply alt I v l~l Delete Junk I ~ Comments can PA 2018-00039/ Applicant: Micah Lieberman Petercipes <hornedesigns@rnac.corn> a Reply all I ye~tew'ay. 3,:c:, PM Maria trams; Fotini Kaufrnan w nbox Flag for follow up. Start by Thursday, Fetsruary 21, 2019. [rue by Thursday, February 21, 2019. You replied on 2/22/2019 9:00 AK a' Action Items Dear Fotirn & Maria, 1 tarn writing to comment on the submitted docurnents in the above referenced Planning .Application. I/ww°e are the owwners, of the property directly the the east of the proposal. First off let me state that I rare generally in favor of this type of project, and theoretically in favor of this project. The City needs more small rental uniks. However in this panlicular case there are few itenis in the submitted plans which need to be revised in order for the proposal to tweet the requirements ofthe city LUO. Many of the iterns are fairly small omissions and drafting errors, which I suppose cast be rectifier) by moray of Conditions of Approval (although as I have previously stated„ because the legal burden of proof is on the Applicant, 1 feel that (lie drawings ought to be fixed before planning Approvat so that 1 and others can have complete and accurate tnfornnaton. ort. which to Commrient). One of the items, parking, clearly does not work as proposed. Itn. my opinion this needs to be revised so that all of the requiredYpr oposed parking meets (lie requirements of the LUt3 (see belowv).. Here is a brief bullet list of the iterns in question: . The submitted Landscape flash does not match the submitted Site Plan. I realize this is probably an uninteutionat error, there is no malicious intent. 'However, the base plans need to match in order for me (and others) to gel a clear sense of the intent of tine proposal. * Building separation between existing house and unit #3 (as defined in 1.5.3.9.070 l3) is not shown; height of existing house is not ~shown, Solar Setback (from 15.4.$.030 A; 3I) as shown is incorrect. The Applicant has used Standard H (11-1 felt) and I believe the lot is a Standard A (H-oft) lot. No freights are givers for the new (or existing) wood fencing shown oil plan. (see 1.3.4.4.060) • 1`vro tra.,3111recycle area(s) is/are shown on plan.. (see 18,4.4.040) • A new utility line is shown crossing diagonally through the property to the east. This will disrupt mature existing landscaping and irrigation which will need to be repaired. Can't the new lire run north into the ROW and then turn east? tblotc: the applicant h:+s stated that lie concurs with this.] -Five (5) parking spaces are required, two of which are proposed to be on-street (Eureka). However according to fire parking ordinance (i b.4.3.060) there is not enough lineal footage there for more titan one space. [The required distance for file two requested slraces is 44 ft Tire dal is 64.6211 adorns this froutage. The L UO clearly shams a 21ffi no parking zone at the cnrnei; and there is afire hyvdraw at dire roorth east lot corner: ORS 811.550(1'6) prufVsdrar-4daq within 10 fi ofa hy,chc nt, Therefore: 64.62- 20-10=31.62 li which is more flran 11fif less than required.] The requested exceptions 1 & 2 seem reasonable, except that the space used is. probably not legitimate landscape area (you state that it will allow for- opening of car doors, eg).. • The requested exception #3 is a non-starter for me. I feel that when a house (unit 43) is adjacent to a street, the house ought to face the street. [Note, ifunit f13 was. moved to the cast ofthe lot, then I would support that unit facing rite alley. (see 1:1.4.2.030 C) I have discussed all of these items with file applicant and he has subsequently provided 1ne with a revised plan. In the revised plash most ofthe above issues have been adequately dealt with. I am happy that the applicant seems willing to work through and resolve ail theses issues, but because the revised plans are not pant ofthe officially submittal packet, the), cannot Legally be addressed here. My suggestion to the applicant was for hint to request a short continuance so that all of the revised data caw be made pail of the submittal. That would allow myself and other adjacent property owner's to review and comment on a more accurate and complete set of plans, Of course that decision is his alone. In any case, I would urge the City not to approve the Proposal as submitted. Lance the important items have been revised to tweet the standards in the LU©, and reserving the right to review the changes, I would most likely be in favor of approval. Please let tae known if you have any follow up questions or comments. Thanks Sincerely, Peter C'ipes AP Group LLC 541-488-1096 i ll hitps:/loutlook.offiice365,com/owa/projection.aspx 1/2 ~ w r hyll , ks } ell a a o t a o o S3DVJ-.®3 9 33HIS 3 5001 HOd I N3 3:A➢d NV:) H J. PFFMA Planning Department, 51 Winbum Way, Ashland, Oregon 97520 CITY OF 541-488-5305 Fax: 541-552-2050 www,ashland.or.us TTY; 1-800.735.2900 -AS H LA V ,D NOTICE OF APPLICATION PLANNING ACTION: PA-T1-2018-00039 SUBJECT PROPERTY: 1005 C Street OWNERIAPPLICANT: Micah Lieberman DESCRIPTION: A request for Site Design Review to add three additional multi-family units on the property at 1005 C Street (two in front of the house, and one to the rear). Each unit is less than 500 square-feet. The application includes three Exceptions - one to reduce landscape buffer between the parking and property to the East, one to reduce landscape buffer between the parking and the unit and one to orient the back unit to the alley rather than to C Street. COMPREHENSIVE PLAN DESIGNATION: High Density Residential; ZONING: R-3; ASSESSOR'S MAP: 391 E 09AD; TAX LOT: 2000. NOTICE OF COMPLETE APPLICATION: February 7, 2019 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: February 21, 2019 5Q. 2 Y 99,2 if 132 88 112, , r 88 1 5 1 35 i 952. 1 5 1 - 1 5 5 -87 , , ~ _ 960 .0 5 ~ 952 9 85 C/) _ 130 1(101. g4 82 1,10 ~Er g, 953 f - - F1~60 0 , .1 2 47 50 S r 973 22 1 26 48 43 cf 92 SUBJECT PROPERTY L- ~ - 1006 G ST Q) ACTION #T1-2018-00039 PLANNING f x_94: 9491 031 67 2 [10 933 917,47 W N 975E1045 5 067 1 E MAIN The Ashland Planning Division Staff has received a complete application for the property noted above. Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above. Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staffs decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.5.1.050.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 TUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court. A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development Engineering Services Building, 51 Winburn Way, Ashland, Oregon 97520. If you have questions or comments concerning this request, please feel free to contact Fotini Kaufman at 541-488-5305. &kommde0phnningTIanning AclionsWolicing FolderWailed Notices & Signs12019TA-TI-2018-00039.docx SITE DESIGN AND USE STANDARDS 18.5.2.050 The following criteria shall be used to approve or deny an application: A. Underlying Zone: The proposal complies with all of the applicable provisions of the underlying zone (part 18.2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards. B. Overlay Zones: The proposal complies with applicable overlay zone requirements (part 18.3). C. Site Development and Design Standards: The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided by subsection E, below. D. City Facilities: The proposal complies with the applicable standards in section 18.4.6 Public Facilities and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property and adequate transportation can and will be provided to the subject property. E. Exception to the Site Development 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. G:lcomm-de'~lanningFta ningAciionsWoticingFoldesQ+failedNotices &Signs52019TA-TI-2016-00039,docs 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 2/7/191 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-T1-2018-00039, 1005 C Street.. Signature of Employee Cocumgn[4WQ019 ~ t . . • r gyll~j . 's+ j' PA-T1-2018-00039 391 E09AD 2101 PA-T1-2018-00039 391 E09AD 80001 PA-T1-2018-00039 391 E09AD 2000 A P GROUP LLC AGH TRUST 11504 ET AL CASA CONTENTA LLC 317 N MAIN ST PO BOX 336 944 KESTREL PKWY ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2018-00039 391 E09AD 3400 PA-T1-2018-00039 391 E09AD 3700 PA-T1-2018-00039 391 E09AD 1500 CHERTKOV LYNN SCHOONMAKER REV DELUCA RONALD L TRUSTEE ET AL EDDINGTON MARY J LIV TRUST 228 MORNINGLIGHT DR 1045 E MAIN ST 1001 EUREKA ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2018-00039 391 E09AD 3500 PA-T1-2018-00039 391 E09AD 1800 PA-T1-2018-00039 391 E09AD 3100 HETLAND BARBARA I TRUSTEE ET AL HOGAN FAMILY REV TRUST ET AL JOHNSON RICHARD C/LINEA R 985 E MAIN ST 75 ZIRCON PL 130 8TH ST ASHLAND, OR 97520 SAN FRANCISCO, CA 94131 ASHLAND, OR 97520 PA-T1-2018-00039 391E09AD 2603 PA-T1-2018-00039 391E09AD 2900 PA-T1-2018-00039 391E09AD 2500 JOLKOVSKY DAVID L TRUSTEE ET AL KNOBLE PATRICIA A TRUSTEE ET AL LIVSHITS IGOR 1106 WESTFIELD TER 156 8TH ST 7783 CORNWALL CIR DAVIS, CA 95616 ASHLAND, OR 97520 BOULDER, CO 80301 PA-T1-2018-00039 391 E09AD 1900 PA-T1-2018-00039 391 E09AD 2200 PA-T1-2018-00039 391 E09AD 3301 MARKS MALTA ET AL MC CARTNEY DENNIS E MKH PROPERTY MGMT CO LLC CIO JENNIFER MARKS 47 EMERICK ST 2022 CRESTVIEW DR 1808 SISKIYOU BLVD ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2018-00039 391E09AD 3303 PA-T1-2018-00039 391E09AD 3600 PA-T1-2018-00039 391E09AD 3000 PRICE JOHN CIKELLER ERIN REDDISH HOPE ET AL ROSTYKUS PAUL S 973 C ST 975 E MAIN ST 436 GRANDVIEW DR ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2018-00039 391 E09AD 2300 PA-T1-2018-00039 391 E09AD 3200 PA-T1-2018-00039 391 E09AD 1700 SISKIYOU SACRED SPACES LLC STRAUB KELLY NASH TRUSTEE ET AL WEISLER FAYE CIO CHOICE ONE PM 110 8TH ST 2305 ASHLAND ST C PO BOX 1485 ASHLAND, OR 97520 ASHLAND, OR 97520 MEDFORD, OR 97501 PA-T1-2018-00039 391E09AD 1600 PA-T1-2018-00039 1005 G Street WEISS PHILIP M TRUSTEE ET AL MICAH LIEBERMAN 220 N ZAPATA HWY 11 944 KESTREL PKWY NOG 217119 LAREDO, TX 78043 ASHLAND, OR 97520 23 35 MIN Z104 2W k~ 79" Q o f x 3 ; k s 2 02 5 ~3 ak y 2400 ~kk z~ $40 4MM "0 3111 i'k~f 3.10 it~L"V Ee 1. 'o 1 k r_ z 210 too 401 .1440 7 uo 410 5 S.W wo K" Sol 1610 420 SSW 54 ad 4400 - 5. Q 112912019 Micah Lieberman - 1005 C Strer Reply all I ® Delete Junk v Re: Micah Lieberman -1005 C Street Fotini Kaufman Reply all Today, P-43 AM Micah Lieberman <micah.lieberman@a gmaiLcom> s Sent (tern= One last piece - 8-percent of the lot is required to be designated recreation space for use by the tenants, and the application is lacking a site plan showing how that space is going to function and showing it's suitable surface for human use (typically, applicants will color the areas an the site plan that are open space with a note that it'll be lawn or some other planted surface and include the lot percentage and the square footage of the open space). Best, Fohni Kaufman Associore Planner City of Ashland, Community Development Department 51 Winburn Way, Ashland, OR 97520 541.552.2044 Tel 800.735.2900 TTY 541.552.2050 Fax This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at (54J) 552-2044. Thank you, From: Fotini Kaufman Sent: Tuesday, January 29, 2019 8:32:15 AM To: Micah Lieberman Subject: Re: Micah Lieberman - 1005 C Street HI Micah, Noticed a couple more inconsistencies with the application (hopeful this is the last of what we need to resolve before noticing), I thought I'd put it all in writing foryou to read through and if you have any questions, we can set up an appointment (you're also welcome to come in this morning, I'm working the counter until 11:30), • Cottage N3 needs to be located and oriented to C Street, and the parking cannot be placed between a unit and the street (the cottage and parking will have to be flipped) - otherwise it requires an Exception (and there doesn't appear to be a case to be made for the Exception), • The driveway has to be eliminated and another space can be counted on the street (we require cons0clating access off the alley, otherwise it requires a request for a Variance) ttps:f/ashiand.muiiicipal.codes/LandUse/18.4.3.060 - the 20-feet is measured from the side property line, so you should have 44-feet for two on-street parking spaces • There is a landscape buffer required both between the cottage and the parking, and the parking and the property line. in order to fit three spaces off the alley, we realize both buffers cannot be accommodated -reducing the buffer between the building and the parking (8 feet required) and maintaining the one between the adjacent lot and the parking (5-feet required) will allow you to more easily meet the Exception criteria since reducing the buffer at all requires an Exception. • We'll need additional findings (narrative) to request an Exception and address the Exception criteria below: E. Exception to the Site Development and Design Standards, The approva3 alt ,,ori;y may approve exceptions to the Site Development and Design Standards of part' e--'. if the circumstances in either subs ction 1, 2, ar 3, belove, are found to exist, {q 1, There is a demonstrable difriculy meeting the specific requirements of the Site Development and Design Standards dire to a unique or unusual aspen of an existing structure or the proposed use of a s;,e; and approval of the exception will not substantially negatively impact ad,='acent properties; and approval of the exception, s consistent w th the stated purpose of the Site Development and Design.; and the exception reques'ed is *he minimum vehich would alleviate the difficulty; 1 These is P a d emonstrable diff ruity in meeting the specific requiremerts, but granting the exception will result in a design that equally or better acNeves the stated purpose of the Site Development and Design Standards; or 3. There is no demOn5traUe difficulty in meeting the specific requirements for a cottage housing development, but granting the excepton •.•riil resutt in a design that equally of better achieves the stated purpose of section 8.2.?.~i> (6'd. 3i 47 = 9, ame -d=_d, t i J2i 121717) https:lloutlook.office365.com/owa/projection.aspx 115 1/29/2019 l Micah Lieberman 1005 C Stree, t, Reply ali I v Qp Delete Junk ( v Consumptcon Tor cite pralect es a svnoie is equal to or less mare wriat rrouia occur .a me sianoaros vrre stricuy applied,;n addNon is meeting the criteria in i.5.2 Exception, to the Sire Developmenr and Design Smndards. Again, I'm here as your resource, so feel free to call, email, come in, whatever will be most helpful. Best, Fotini Kaufman Associate Planner City of Ashland, Community Development Department 51 Winburn Way, Ashland, OR 97520 541.552.2044 Tel 800.735.2900 TTY 541.552.2050 Fax This email transmission is officiol business of the City ofAshiand, and it is subject to Oregon Public Records Law for disclosure and retention. if you have received this message in error, please contact me at (541) 552-2044. Thank you. From. Micah Lieberman <micah.lieberman@gmail.com> Sent: Monday, January 28, 2019 8:15:32 AM To. Fain! Kaufman Subject: Re: Micah Lieberman - 1005 C Street Coal. Thank you, Fotinil I am glad it works. I look forward to hearing from you once you and the team have reviewed everything else. Best, Micah On Mon, Jan 28, 2019 at 11:14 AM Fotini Kaufman <fotir i.kaufman@asliland.or.us> wrote: Hi Micah, No need to meet today unless you're still wanting to - this plan suffices. Thanksl Fotini Kaufman Associate Planner City of Ashland, Community Development Department 51 Winburn Way, Ashland, OR 97520 541.552.2044 Tel 800.735.2900 TTY 541.552.2050 Fax This email transmission is official business of The City of Ashland, and it is subject to Oregon Public Records Laiv for disclosure and retention. if you have received this message in error, please contact me at (541) 552-2044. Thank you. From: Micah Lieberman <micah.!!eberman@gmail.com> Sent: Saturday, January 26, 2019 5:45:07 PM To: Fotini Kaufman Subject: Re: Micah Lieberman 1005 C Street Hi Fotini, I worked on this over the weekend. I hope it is acceptable. It is in color. Best, Micah On Fri,Jan 25, 2019 at 1:17 PM Fotini Kaufman <fotini.kaufman@a and.or.us>wrote: 9 am works! See you then. Fotini Kaufman Associate Planner City of Ashland, Community Development Department i 51 Winburn Way, Ashland, OR 97520 541.552.2044 Tel https:/Ioutlook.office365.com/owa/p€ojection.aspx 215 112912019 Micah Lieberman -1005 G Stree' Reply all ® Delete Junk (V • This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records taw for disclosure and retention. if you have received this message in error, please contact me at (541) 552-2044. Thank you. From. Micah Lieberman <micah.lieberman ugmail.com> Sent: Friday, January 25, 2019 10:15:03 AM To: Fotini Kaufman Subject: Re: Micah Lieberman - 1005 C Street Hi Fotini, How about 9 am on Monday? I will bring Mark Knox, as he is my babysitter and sidekick nowadays. Thankyoul Micah On Fri, Jan 25, 2019 at 1:12 PM Fotini Kaufman <fotini.kaufman@ashland.or.us> wrote: Hi Micah, Monday morning would be great! Fotini Kaufman Associate Planner City of Ashland, Community Development Department 51 Winburn Way, Ashland, OR 97520 541.5512044 Tei 800.735.29110 TTY 541.552.2050 Fax This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at (541).5.52-2044. Thank you. From: Micah Lieberman <micah.lieberman@gmail.cam> Sent: Friday, January 25, 2019 9:58:44 AM TO: Fotini Kaufman Subject: Re: Micah Lieberman - 1005 C Street Hi Fotini, Happy Friday. I wrote my plan up, but I want to bring it in and show it to you because I am struggling with it a little. Can I stop by today or Monday for a few minutes? Thanks, Micah On Wed, Jan 16, 2019 at 3:01 PM Micah Lieberman <micah.lieberman@gmail.com> wrote: Ok, thanks! I will get it done. I am sorry I left it out. Micah On Wed, Jan 16, 2019 at 2:43 PM Fotini Kaufman <fotini.kaufman@ashland.or.us> wrote: Hi Micah, It's required for all trees that are being preserved on the site regardless of the size - let me know if you need any further clarification. Fotini Kaufman Assistant Planner City of Ashland, Community Development Department 51 Wint3urn Way, Ashland, OR 97520 541.552.2044 Tel 800.735.2900 TTY 541.552.2050 Fax This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law for disclosure and retention. If you hove received this message in error, please mnract me at (541) 552-2044. Thank you. From: Micah Lieberan <micah.liebermanC?gmail,com> m Sent: Wednesday, January 16, 2019 2:33:23 PM To: Fotini Kaufman Subject: Re: Micah Lieberman - 1005 C Street https:lloutfook.office365.com/owalprojection.aspx 3/5 1129/2019 71~ Micah Lieberman - 1005 C Stree' i Reply all I Uq Delete Junk I v I did not include that because there aren't large trees that qualify for that near the construction. We have some ratty box elders near the NW corner and a 1 cedar in front of the existing house away from construction. i I I Thanks, I Micah On Wed, Jan 16, 2019 at 2:23 PM Fotini Kaufman <fotini.kaufman@ashland.or.us> wrote: Hi Micah, - i The application does need to include a tree protection plan, the components required are outlined here: https:ashland.munic€pal.codes/LandUSe/18_4.5.030 i f: 1.8.4.5.030 Tree Protection ~ Ashland Land Use Ordinance ashland.municipal.codes i code', i I f UBtESHING CO. The Ashland Land Use Ordinance is current through Ordinance 3160, passed September 18, 2018. Disclaimer. The City Recoider's office has the official version of the Ashland Land Use Ordinance. I've attached the formal incomplete letter - if you can sign and return the missing materials to me at your earliest convenience. I can also send a paper copy if that's helpful. And of course, please let me-know if you have any questions. Thank youl Fotini Kaufman Assistant Planner City of Ash€and, Community Development Department 51 Winburn VJAy, shland, OR 97520 1 541.552.2044 Tel 80D.735.2900 TTY I 541.S52.2050 Fax i This email transmission is official business of the City ofAshtand, and it is subject to Oregon Public Records Law for disclosure and retention. If you hove received this message in error, please contact me at (541) 552-2044- Thank you. From: Micah Lieberman <micah.i€eberman@gma€Lcom> Sent: Wednesday, January 9, 2019 7:11:26 AM To: Fotini Kaufman Subject: Re: Micah Lieberman 1005 C Street Thankyou, Fotini. On Tue Jan 8, 2019 at 4:06 PM Fotini Kaufman <fotini.kaufman@ashland.or.us> wrote: Hi Micah, Sorry for the delay, we have received the application but I have not yet started my completeness review for 1005 C St. We had a few actions that came in prior, but I'll let you know if there's anything I'm missing. Thank youl Fotini Kaufman i; i i Assistant Planner City of Ashland, Community Development Department 5114Jinburn Way, Ashland, OR 97520 i 541.5521044 Tel $00.735.2900 TtY 541.552.2050 Fax This email transmission is official business of the City ofAshtand, and it is subject to Oregon Public Records taw jar disclosure and retention. If you have received this message in error, please contact me at (541) 552-2044. Thank you. From: Micah Lieberman <micah.lieberman@gtnail.com> Sent: Tuesday, January 8, 2019 12:43:04 PM https:lloutlock.ofice365.corn/owalprojection.aspx 4/5 1/2912019 Micah Lieberman - 1005 C Stre Reply all (v ® Delete Junk ( v Hi FoUni, Happy New Year. i just wanted to check in with you to see if you received my packet for 1005 C St. and if all is OK. Did I give you everything you need? I hope so. Thankyou, Micah Lieberman https:l/outlook.office365.com/owa/projection.aspx 515 Micah Lieberman 9441(estrel Pkwy, Ashland, OR 97520 Cell: 781-697-7529, Email. imm;..: I.4 l° ...'1m m prt January 28th, 2019 City of Ashland Community Development Department Attn: Fotini Kaufman, Associate Planner 59 Winburn Way Ashland, OR 97520 Re: Application; Tree Protection Plan Addendum for 1,005 C Street As illustrated in the Tree Protection Plan attached, the locations, species and sizes of existing trees are shown.. They are color coded. For tree work we use Canopy LLC. Our current landscape plan shows where new trees will be planted and better species have been chosen. None of the existing trees are larger than 12 inches in diameter and none are species are unique or should be considered significant. Some of the decisions and actions on the trees will be decided during construction as we intend to preserve as many trees as possible, but would like the flexibility to remove a tree if deemed necessary by the project contractor and sub-contractors. RFC) = Small apple tree (6" DBH) on northwest corner. This will likely have to be removed if too close to Cottage #1. We want to keep it in place if we can. If upon construction, it is deemed problematic due to its location on fence line, we will have it removed and replace with superior species. fWVNJ= Two Box Elders (5" and 7" DBH) along C Street and fence, along west side. They have been trimmed back already. Box Elders are not desirable trees and are considered' "junk trees'". However, we want to keep these two in place. No special measures are required for them, though we will protect with protection fencing per AMC 18.4.5.030 C. BLUE = Tall, thin Pin Oak (11" DBH) in front of existing house, on west side. No special measures are required for this tree because it is not near the construction. However, we will protect with protection fencing per AMC 18.4.5.030 C. LIGHT GREEN = Incense Cedar (11" ' DBH) in front of house near the existing driveway and walking path, on west side. This tree is a volunteer that was allowed to grow. We have trimmed it back and want to keep it. No special measures are required for this tree because it its not near the construction, However, it is on top of the water meter and if this is a problem, we will have it removed and replaced with another conifer. However, we will protect with protection fencing per AMC 18.4.5.030 C. C3URGUNI ~ = Plum tree (4" to 6" DBH) on alley on the southeast cornea of the lot. This will likely have to be removed if too close to Cottage #B. We want to keep it in place if we can, If upon construction, it is deemed problematic due to its location on fence line, we will have it removed and replace with superior species. However, we will try and protect during construction with protection fencing per AMC 18.4.5.030 C, I.vla=+nrrma'n~•w nsh `:wwnvea Nvid advosaNVq V0 wx ~aa'aaonaaw 24usp5dA upisap .133liJ.sp ervwmmn. rnw is :axa~ am ax; :ai-n~is~aw-Ism ~n 'U~awvN na3roee :aawwo iaaroaa ~saa~+um:n~rwaa an a CL m ~a 2 U~2 n tw ~ ~ ~ ~m -0m ~ I I ~ I ~ i ~ IL J n RI a I m I ms's ~9 j I Z W c. II Ir _ ~ I o , ~ LLt ! O qC~ I o j u LL, - I! I w Ii k a II~, gk° i (i I i - I p - ~ - kll~l m - - - - - - - j - Lfl i SC o $ VS di ~ cr ra Lu 49 ti S 1 ~ w Q m acpa cA O~z o~ M a d -M E c c a _ a CL a 19 H T~~Qm I CITY OF January 16, 2019 ASHLAND RE: PA-T1-2018-00039 Property located at 1005 C St Incompleteness Determination Dear Micah: I have reviewed your application received on December 21St for Site Design Review for three cottages at 1005 C St. After examining the materials presented, I have determined that the application is incomplete because the information listed below was not provided. Incomplete applications are subject to delay in accordance with ORS 227.178. The application cannot be further processed and deemed complete until the missing information is submitted or the applicant indicates that the missing information will not be provided. 1. Tree Protection Plan (18,3.5.030) -Addressing species, location of tree protection measures, dripline, and an inventory of the health and hazard of each tree within 15 feet of the site. Administratively, we feel it would difficult to approve the construction (building and parking areas) close to the dripline of the existing trees without evidence to how the trees will be preserved. To continue review of your application, you must select and complete one of the following three options: 1. Submit all of the missing information; 2. Submit some of the requested information and give the City of Ashland Planning Division written notice that no other information will be provided; or 3. Submit written notice to the City of Ashland Planning Division indicating that no other information will be provided. Please note that failure to complete one of the three options within 180 days of the application submittal date (December 21, 2018) will result in your application being deemed void. The application will be deemed void if the additional information is not submitted by June 19, 2019. I have enclosed a form, entitled the "Applicant's Statement of Completeness." Please review the enclosed form and return it to me with any additional material you will be submitting. Your application will not be further processed until the Applicant's Statement of Completeness form is completed and received by the City of Ashland Planning Division. If you have questions, please contact me at 541-552-2044 or fotitii.kaufinan@asliland.or.us . 1 Community Development Dept. Tel: 541-488-5305 Rte' 20 E. Ashland, Main Street TFax: TY 541-488-6006 Oregon 97520 TTY; 8000-735-2900 www.ashland.or.us Sincerely, Fotini Kaufman Assistant Planner Encl: Applicant's Statement of Completeness Cc: File 2 Community Development Dept. Tel: 541-488-5305 20 E. Main Street Fax: 541-488-6006 W Ashland, Oregon 97520 TTY: 800-735-2900 IVA& www.ashland.orms Irl Date Received (to be completed by staff) Applicant's Statement of Completeness (To be completed by the Applicant and returned to the City of Ashland Planning Division) Re: PA-T1-2018-00039, 1005 C St Date Application Expires: June 19, 2019 Pursuant to an Incompleteness Determination, I, the undersigned applicant or agent for the applicant, elects one of the three options below by initiating: ( ) 1. Submit All of the Missing Information (Initial if elected) I am submitting all of the information requested in the Incompleteness Determination letter. Unless checked below, I am requesting that the City of Ashland Planning Division review this additional information within 30 days of submission to determine whether the application is complete. I understand that this 30-day review for completeness period for the new information preserves my opportunity to submit additional materials, should it be determined that the application is still incomplete after the second review. (Note: the 120-day period for the City of Ashland's final determination of compliance with applicable criteria does not commence until the additional review for completeness period is completed.) Check if desired ❑ I waive further review of the information submitted for completeness and direct review of the information submitted for compliance with the Community Development-Code criteria, regardless of whether the application is, in fact, later determined by the staff to be incomplete. I understand that by checking the above statement the application will be evaluated based upon the material submitted and no notice of any missing information will be given. If material information is missing from the application, the application will fail to meet the burden of showing that all criteria are met, and the application will be denied. community Development Dept. Tel: 541488-5305 20 E. Main Street Fax: 541-488-5331 ILVALLA Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.orms 2. Submit Some of the Requested Information: Decline to Provide Other Information (Initial if elected) I am submitting some of the information requested and declining to submit other information requested in the Incompleteness Determination letter. I understand that by declining to submit all information the City of Ashland believes necessary, the Ashland Planning Division may conclude that the applicable criteria are not met and a Denial will be issued or recommended. 3. Decline to Provide any of the Requested Information (Initial if elected) I decline to provide any of the information requested. I understand that the Community Development Department may conclude that the applicable criteria are not met and a Denial will be issued or recommended. Signed and Acknowledged (Applicant or Applicant's Agent) Date Return to: Planning Division Department of Community Development City of Ashland 20 K Main St. Ashland, OR 97520 Community Development Dept. Tel: 541-088-5305 20 E. Main street Fax: 541-188-5311 W4 Ashland, Oregon 97520 TTY: 800-735-2900 wwmashland.orms a ZONING PERMIT APPLICATION Planning Division C I T Y OF 51 Winhurn Way, Ashland OR 97520 FILE -ASHLAND 541-488-5305 Pax 541-488-6006 DESCRIPTION OF PROJECT J W1 af DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? ❑ YES ❑ NO Street Address to G S c-- <~;4-y-ee_Assessor's Map No. 39 1 E Tax Lot(s) 'LUOD Zoning Comp Plan Designation APPLICANT 1 Name M c,h L C r r , Phone 78f -0.7 7s~I-Mail M (C zl, - ~ G ei- ✓LA "J c-4L-\ Address City Zip 7C........._J PROPERTY OWNER Name Phone E-Mali Address City Zip os1~~ Gtr 5 ! GSn ~IZ SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER ° f Title Named~f~rt t Il rrnw` ~~~ccri ~~~c Phone _E-Mail C a~ Address City Zip Title Name Phone E-Mail Address City Zip I hereby certify that the statements and information contained in this application, including the enclosed dravrrngs and the required findings of fact, are in all respects,. true and correct. I understand that ail property pins must be shown on the drawings and visible upon the site inspection, In the event the pins are not shown'or their location found to be incorrect, the owner assumes full responsibility. 1 further understand that if this request is subsequently contested, the burden will be on me to establish; 1) that I produced sufficient factual evidence at the hearing to support this request; 2) that the findings of fact furnished justifies the granting of the request,' 3) that the findings of fact furnished by me are adequate; and further 9) that all structures or improvements are properly located on the ground. Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to be removed at my expense. PI h ve any doubts, I am advised to seek competent professional advice and assistance, c / 12- 1 ~.A 1 Applicant's Signature Date As owner of the property involved in this request, I have read and understood the complete application and its consequences to me as a property 77yaIX LX, Lq 1 S Property Owner's Signature (required) Date [To bemmpUMed by City Stafr] Date Received Zoning Permit Type ' Filing Fee 00 OVER 11 G lcoaun-devlplannittglF'orsns 8 H-doutsVoning Parrot Applica6cmdoc ZONING PERMIT SUBMITTAL REQUIREMENTS ❑ APPLICATION FORM must be completed and signed by both applicant and property owner. ❑ FINDINGS OF FACT Respond to the appropriate zoning requirements in the form of factual statements or findings of fact and supported by evidence. List the findings criteria and the evidence that supports it. Include information necessary to address all issues detailed in the Pre-Application Comment document. ❑ 2 SETS OF SCALED PLANS no larger than 11"x17". Include site plan, building elevations, parking and landscape details. (Optional -1 additional large set of plans, 2'x3', to use in meetings) ❑ FEE (Check, Charge or Cash) ❑ LEED® CERTIFICATION (optional) - Applicant's wishing to receive priority planning action processing shall provide the following documentation with the application demonstrating the completion of the following steps: Hiring and retaining a LEED® Accredited Professional as part of the project team throughout design and construction of the project; and The LEED® checklist indicating the credits that will be pursued. NOTE: • Applications are accepted on a first come, first served basis. • Applications 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 l=ast Main St). • A notice of the project request will be sent to neighboring properties for their comments or concerns. • If applicable, the application will also be reviewed by the Tree and/or Historic Commissions. Glcomm-dev4plzaningiForms & 11mdo=kZeuiug Perini[ AppGcAomdoc Micah Li'eberman 944 Kes'tr'el Pkwy, Ashland, OR 97520 Cell: 781697-7529, Email: December 2.1, 2018 City of Ashland Community Development Department 59 Winburn Way Ashland, OR 97520 Re: Application; Addition of Three Cottages to 1005 C Street, Ashland, OR 97520 My wife and I are proposing to construct three cottage homes (approx. 450 sq. ft each) on our lot that currently has an existing 1,112 square foot single-family residence constructed in 1958 at 1005 C Street here in Ashland. The lot is ,19 acre, zoned R8, with a base density of 8.75 units max. The two cottage homes on the north side of the lot will have a shared wail. The third cottage home on the south side of the lot will be detached, Our design has been in the works for a very long time and we consider use of space, design, livability, privacy, curb appeal, use of small yard space, porch life and parking. It's a creative effort that we hope you can appreciate. These will be rentals and not townhomes. a x. C &I m, B a 1 1' 1 iq' 1 ' G m i ,3 1 r; it m ' i,ouw, ,Ik~10Y 1., i Purpose: Our goal is multi-purpose, intended to 1) Create three high-quality, creative, small cottage homes to add to the local rental market, which is currently underserved, 2) Improve the density near the downtown where walkable housing on human scale is desired, and ) Build a quality mini-development that will be a legacy for the City and for our family. We do not intend on selling this real estate and have good relationships with our tenants. These will be rentals and not townhomes. Note/'Narniing: To clarify, we refer to the cottage on the NW corner as "Cottage #1", the cottage on the NE corner as "Cottage ##2" (#1 and ##2 have a shared wall), and the cottage on the SE corner near the alley as "Cottage ##3". Site plan, elevations and floorplans are all attached. Building Separation: The buildings will be separated per the City's Municipal Code, Section 18,88.070 D. which states: One-half of the building height at the wall closest to the adjacent building shall be required as the minitnum width between buildings, except within non-residential zoning districts including C-1, C- 1-D, E-1, CM, and M-1. Solar Access: As shown in the site plans, the setbacks will comply with the City's Municipal Code. Considering the subject property is to the south of a public right-of-way, no solar access issues appear evident. Utilities: When we upgraded the existing single-family residence, we paid to have a power pole removed and ran power, underground. I believe we will be accessing power from a different location for the new construction and will follow advice from the City's Electric Department on that. There are boxes on the east side of the lot close to the new units.. Units will have efficient tankless gas water heaters and HVAC and our goal is to have utilities invisible for aesthetic purposes. 2 Elevations: The elevations for the three proposed cottages have been developed in collaboration with the project's Designer (John Thurman and Gari Cox). The elevations are designed to provide distinguishing facades, varied roof pitches, different wall heights for the two shared-wall units, and different window placement for each cottage to avoid a repetitive appearance. Overall, this creative design is an improvement over the existing apartments/townhomes down the street and a nice asset for the Downtown/Railroad District community. It will be a colorful and tasteful mini-development of three cottages, each with its own theme, and the existing single-family home. Lot Coverage: The proposal complies with the planned lot coverage of 75%. Parking: Based upon Chapter 18.4.3, the proposal requires a total of five parking spaces, two for the existing house and one for each unit less than 500 square feet. The parking will be located off the adjacent rear alley, similar to the pattern found on adjacent or nearby properties. Parking is also available on Eureka Street which is along the north side of the property and could accommodate two vehicles. Procedures: The applicants desire to submit building plans as soon as possible, as they are complete. We would then like to proceed with the construction of the three cottages swiftly in order not to make the tenant in the existing single-family residence live with construction noise for too long. Thank you for your time spent reviewing this application. Sincerely, Micah Lieberman (owner) INCLUDED: • Site Plan • Elevations • Floorplans • Landscape Plan • Findings of Fact (below) • Fire Prevention and Control Plan (below) 3 RESPONSES,ro CITY'S PRE-APP FINDINGS: I :gay, °I c t . 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P I 111,' i1l'43poi ,l1 d;dJiflpli(:'!, hJ~1 i11 this si and:'In"L As i1d,)UNI (m di<' 1101" all imi u+)1m" I:fw IIPt,i)t'1~.1~ 'Ito to ho Iadi(1'ad.,,pedel ;ata 111) ;OR Ia:;vv hidbll y; or lrli'l hq! was. lip, yolmsol i'ong1lies v'fl"Il"d tits =010"I and f.lid' It j mtl,", 111,1'Jil d w /5% lot d:d811vv4 agv. 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Ci.ii"1Y l'A site and ui C' i111', loans mro KIM {Jl,;ialaf:)ns of (.'.xis iilfx iaflC. I'(I'(llm.'.t'.i( i'!ctric,, IIiC'tC,'is, lftly 1,vill contact mid talril'a,(i1a~;ii~r! vVith a ll:!l'ooltIi1oli;. C~ r j hi the 1;1,iP'run We and hl,imong Qns Vve shCIVt! 10(„iil;lf" ns o Mung and p"Imod imu9;;hs. I:ovtIF'l!oc, VY('" ,,fill hllhlvhf cho ltl"'.CMI of the city aml (a'}I'if,Ycd("lor (Ni 04C to (1pM.Eft uc VO (+}{e 1. ho;,,Mi)n M "flaw We ,1h (woe. There are 1:11#'i'C!I°I'i y no (,I ct(.15= I11 the uv ay! of lRHKy 1,41- .(1V'ilont. i u , tiEli I'd{(: L.1.111G)1'1$ .'+I 1. (a. E:iIId {,1(.dUMllf, 10010r 111l0 r:I'NCf1h! (I1 (')l.J-E hi; ~i{}d ~11fi~i(i:P(~ rli,ilfiaj;f`. 11 1,-dlr:ll on me +11mom1 Qv A f r;t li"!!) is) ~):li(l :Ii: ihc, i:kiw of is w;)IlildIP;wli(31+`3 ~Ii 011(A' 1 FIRL t t11t,...:VENT1ON AND CONTROL LAS ~!1)IslII+11 is IirR. p71~~era~r1l;i~ll1,111+1 (4)II#:Yol plarl FoUni Kaufman <fotini.kaufman ashland.or.us> Thu, Nov 8, 2018 at 11:42 AM To: Micah Lieberman <micah.lieberrnan gmail.com> I®Ii again Micah, I did want to call your attention to a provision in our new wildfire ordinance. We will require a fire prevention and control plan to be submitted with the application a well. The below outlines what needs to be included. I've attached the handout for more information. w....__._..__. i j i E I i i I i I I I) 1 i? I 17.111'of'1 i f'4!(` fl j f' 1 i ~ V ~~11 ~ ii ~ ~ 1 ; }11 .111..11 lrf~ 111 f',~It"Yil.l~'fY'l;afi(.~ t: CJYI'~1+11 ~11~1i1 f~(`1jiU1'(ti11(^{'t11, ,ai(' 1:91i~f. 1riC~ ~;'~►C?rt,* 1111 ilf')f; s~ler?Y~'1 f:r°s I f, :111+f ~:1'I~~111r~r~t,F~,~,. 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S U ci,,; O < m ~~Qn - ~1 ~J \ 4 l~EE H ~T .6.0 ~ oK 5 i 0o z O C U - W W S'd("o Qm UO W W~CN W w tV n iOS v y•-+S~n k ~ Omy CO y W Z _ O y ~ < W W WO y t ~.O W O _ - X _I- .O'.O FF.--_----l ' a ,n m .NS-.Z I ~ ~I LL. l f ~ a ~ O O \ I al ~I oO O j F Q Q 4 oI I I I I W W 1 J I 1 W I I I Ili - II = LU ~ T III ~ M o _ Z ll~ . f \ W 'I W C~ IJ OIa 11 it LIII~_L I L ~ I I Ir,, 01- ~ i - ao z 0 Ir ~o of ?II o y a ~ ~ o_ < o a N y N LLy o -N ~ a= w s wM o ~ n a3 x v City of Ashland Community Development Department PERMIT NUMBER 51 Winburn Way PA-T1-2018-00039 Ashland, OR 97520 Apply Date: 12I2112018 Telephone: 541-488-5305 Inspection Line: 541-552-2080 IVA I Plan Type; Type I Planning Action Work Class: Type I Planning Action Ma &TaxLot Property Address 391 E09AD2000 1005 C St .Owner information Applicant In formation Owner: Casa Contenta LLC Applicant: Casa Contenta LLC Owner 944 Kestrel Parkway Applicant 944 Kestrel Parkway Address: Ashland, OR 97520 Address: Ashland, OR 97520 Phone: (781) 697-7529 Phone: (781) 697-7529 Project Description Addition of 3 cottages Fees Fee Description: Amount: Residential Site Review (Type 1) $1,284.00 i Applicant: Date: Totall✓ees $1,284,00