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HomeMy WebLinkAboutScenic_346_PA-T1-2019-00050 1 Y ,llil I!1! L,`111 April 24, 2019 Notice of Final Decision On April 24, 2109, the Community Development Director approved the request for the following: Planning Action: PA-T1-2019-00050 Subject Property: 346 Scenic Dr Applicant: Robert Elizabeth BestorfVadim Agatchanov Description: A request for Site Design Review to construct a 765 square-foot detached. residential unit to the north of the existing single-family residence. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 39 IE 05DD; TAX LOT: 8300 The Community Development Director's decision becomes final and is effective on the 12t" 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 inburn Way. Copies of file documents can be requested and are charged based on the City of Ashland copy fee schedule. Prior to the final decision date, anyone who was mailed this Notice of Final Decision may request a reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO) 18.5.1.050(F) and/or file an appeal to the Ashland Planning Commission as provided in ALUO 18.5.1.050(0). 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 E COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 Winbu Way Fax: 541-552-2050 J Ash! i nd, Oregon 97520 TTY: 840-735-2500 l ~r j 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 18.5.1,050.0, 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 insure to be raised by letter or evidence during the opportunity to provide public input oil 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 smatter, 1 If the Staff Advisor is satisfied that all 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. 0. Appeal of Type I Decision. A "T"ype I decision may be appealed to the Planning Commission, pursuant to tlue following. 1. Who May Appeal. The following persons have standing to appeal a Type I decision, a. The applicant or owner of the subject property. b,. Any person who is entitled to written notice of the Type I decision pursuant to subsection 18.5,1.050.B. c, Any other person who participated in the procceding by submitting written comments on the application to the City by the specified deadlure. 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 tlue procedures of this subsection. The fee required in this section shall not apply to appeals made by neighborhood or cormrmur7ity organizations recognized by the City and whose boundaries include tine site. If an appellant prevails at the hearing or upon subsequent appeal, the fee for the initial hearing shall be refirrded. b. Thee for• Filing. A notice of appeal shall be filed with the Staff Advisor within 1.2 days of the date the notice of decision is mailed. c. Content of'Notice gfAppeal. The notice of appeal shall be accompanied by the required filing fee and shall contain. i. An identification of the decision being appealed, including the date of the decision, ii. A statement demonstrating the person filing the notice of appeal has standing to appeal. iii. A statement explaining the specific issues being raised on appeal. iv. A statement demonstrating that the appeal issues were raised during flue public comment period. d. Tile appeal requirements of this section must be fully met or the appeal will be considered by the City as a jurisdictional defect and will not be heard or considered. 3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de nova 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 tip to the Type I decision, but may include other relevant evidence and arguments. The Commission may allow additional evidence, testimony, or argument concerning an), 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 tile filial decision of the City on an appeal of a Type I decision. A decision oil -in appeal is final the date the City mails the adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of Appeals, pursuant to ORS 197,805 - 197.860, COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 W i m Way Fax: 541-552-2050 Ashland, Oreon 97520 TTY: 800-735-2900 l ASHLAND PLANNING DEPARTMENT FINDINGS & ORDERS PLANNING ACTION: PA-T1-2019-00050 SUBJECT PROPERTY: 346 Scenic Dr OWNERS/APPLICANTS: Vadirn Agakhanov DESCRIPTION: A request for Site Design Review to construct a 765 square-foot detached residential unit to the north of the existing single-family residence. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 39 1E 05DD; TAX LOT: 8300 SUBMITTAL DATE: March 15, 2019 DEEMED COMPLETE DATE: March 27, 2019 STAFF APPROVAL DATE: April 24, 2019 DEADLINE TO APPEAL (4:30 p.m.): May 6, 2019 FINAL DECISION DATE: May 7, 2019 APPROVAL EXPIRATION DATE: November 7, 2020 DECISION The proposal is to add a detached accessory residential unit on the property at 346 Scenic Drive. The subject property is located on the east side of Scenic between Manzanita and Wimer Street. The surrounding neighborhood is comprised of a mix of multifamily properties and single-family homes. The subject property is zoned Single-Family Residential (R-1-7.5). The zoning to the north and east of the subject property is Single-Family Residential (R-1-7.5) and Low Density Multi-Family (R-2). The area to the west is R-1-7.5 and Rural Residential (RR-.5). To the south, zoning is Single-Family (R-1-7.5 and R- 1-10). The subject property is 0.25 acres or 10,904 square-feet in size. The property is a rectangular lot with a single-family residence oriented to Scenic Drive on the southern portion of the lot. The residence was built in 1960 and remodeled in 2014. It is a single-story structure with a daylight basement and is 2,792 square-feet according to-the application. To the south, there is a 506 square-foot, two-car detached garage. The site slopes 6.9-percent downhill to the north. The property is located in the Skidmore Academy Historic District. The approval standards require that an Accessory Residential Unit (ARU) in an R-1 zone does not exceed 50% of the gross habitable floor area (GHFA) of the primary residence on the lot and not exceed 1000 square feet. The proposed ARU is 765 square feet, which does not exceed 50% of the 2,792 square-foot primary residence or 1000 square-feet. Only one ARU is proposed and maximum number of dwelling units (two) is now met on this property. The development of the property is also required to conform to maximum lot coverage of 45-percent and base setback requirements. The proposal indicates the total lot coverage percentage is 42.7-percent. Building permit submittal should include lot coverage breakdown on site plan that complies with the base zoning. The proposal complies with required yard setbacks and based on staff s calculations, the proposed PA-T1-2019-00050 346 Scenic Dr/fk Page 1 Accessory Residential Unit complies with solar setbacks. A condition has been added to include solar setback calculations with the building permit submittal. The application for an ARU less than 800 square feet and the single-family home requires three automobile parking spaces. There are three provided on the lot, one under the cantilevered second-story and two in the garage; however, the applicant has indicated on-street parking will be utilized by the ARU. The application has ample street frontage for on-street parking on Scenic, which is not heavily used. As indicated on the site plan, sheltered bike parking for the main residence is provided in the garage. Covered bicycle parking for the ARU is proposed under the deck area - a condition has been added to ensure proposed bicycle parking complies with 18.4.3.070.1 and J and is installed by certificate of occupancy. A gravel pathway is proposed to connect the front door of the unit to the existing pathway between the house and proposed location of the ARU providing a pedestrian walkway to the ROW. The proposed ARU is oriented to the West (towards Scenic Drive) with a front door. The current fencing on the lot is proposed to be relocated around the unit, so the fencing does not block the front fagade of the ARU. The proposed unit will have access to the rear and side yards. The materials proposed for the addition structure are proposed to match the existing residence. The proposed ARU is more than six-feet from the primary residence and is exempt from Maximum Permitted Floor Area. There are four existing street trees along the frontage of the property leaving no additional room for another street tree. Tree Protection fencing is proposed along the dripline of the hazelnut tree that lies between the ARU and the house. An undersized cedar tree below the threshold for a tree removal permit is proposed to be removed. The location of the trash enclosure was not indicated in the submittal a condition has been added to include its location and compliance with 18.4.4.030. G. 1. The Historic Commission reviewed this application at their monthly meeting on April 3, 2019. The Commission recommended approval of the application as proposed with the condition that the exterior finishes match the main residence (per 18.4.2.050.C.2.b). The Commission felt the ARU was architecturally compatible with the primary residence - similar in pitch and massing, exterior materials, trim details, windows and doors - and surrounded by an eclectic mix of housing styles in the neighborhood. The application complies with all of the applicable provisions of the R-1-7.5 zoning district, and the Site Development and Design Standards in AMC 18.4. The property is currently served by adequate City facilities for water, sewer, storm drainage and electricity. The applicants have submitted materials to the Planning Department that demonstrate compliance with these approval standards. The criteria for an Accessory Residential Unit are described in AMC Chapter 18.2.3.040, as follows: B. R-1 Zone. Accessory residential units in the R-1 zone shall meet the following requirements: 1. One accessory residential unit is allowed per lot, and the maximum number of dwelling units shall not exceed two per lot. PA-TI-2019-00050 346 Scenic Dr/Ik Page 2 a 2. Accessory residential units are not subject to the density or minimum lot area requirements of the zone. 3. The maximum gross habitable floor area (GHFA) of the accessory residential unit shall not exceed 50 percent of the GHFA of the primary residence on the lot, and shall not exceed 1,000 square feet GHFA. 4. The proposal shall conform to the overall maximum lot coverage and setback requirements of the underlying zone. 5. Additional parking shall be provided in conformance with the off-street parking provisions for single- family dwellings in section 18.4.3.040, except that parking spaces, turn-arounds, and driveways are exempt from the requirements in subsections 18.4.3.080.D.I and 18.4.3.080.D.2 and paving requirements in subsection 18.4.3.080.E.1. C. RR Zone. In addition to the standards in subsection 18.2.3.040.13, accessory residential units in the RR zone shall meet the following requirements: 1. No on-street parking credits shall be allowed for accessory residential units. 2. If located in the wildfire zone, the accessory residential unit shall have a residential sprinkler system installed. D. R-2 and R-3 Zones. Accessory residential units in the R-2 and R-3 zones shall meet the standards in subsection 18.2.3.040.13, except that the maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50 percent of the GHFA of the primary residence on the lot, and shall not exceed 500 square feet GHFA. E. NN Zones. Accessory residential units in the normal neighborhood district under chapter 18.3.4 shall meet the standards in subsection 18.2.3.040.B. F. NM Zones. Accessory residential units in the North Mountain Neighborhood NM zones under chapter 18.3.5 shall meet the standards in subsection 18.2.3.040.13, except that the maximum gross habitable floor-area (GHFA) of the accessory residential unit must not exceed 750 square feet GHFA and that second story accessory residential units constructed above a detached accessory building must not exceed 500 square feet GHFA. (Ord. 3155 § 2, amended, 07/17/2018) The criteria for Site Review approval are described in AMC Chapter 18.5.2.050 as follows: A. Underlying Zone: The proposal complies with all of the applicable provisions of the underlying zone (part 18.2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards. B. Overlay Zones: The proposal complies with applicable overlay zone requirements (part 18.3). C. Site Development and Design Standards: The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided by subsection E, below. D. City Facilities: The proposal complies with the applicable standards in section 18.4.6 Public Facilities and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property and adequate transportation can and will be provided to the subject property. E. Exception to the Site Development and Design Standards. The approval authority may approve exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in either PA-T1-2019-00050 346 Scenic DjAlc Page 3 subsection I or 2, below, are found to exist. 1. There is a demonstrable difficulty meeting the specific requirements of the Site Development and Design Standards due to a unique or unusual aspect of an existing structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent properties; and approval of the exception is consistent with the stated purpose of the Site Development and Design; and the exception requested is the minimum which would alleviate the difficulty.; or 2. There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better achieves the stated purpose of the Site Development and Design Standards. In staff's assessment, the application with the attached conditions complies with applicable ordinances and meets all required criteria. Planning Action 4T1-2019-00050 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 #Tl- 2019-00050 is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant shall be conditions of approval unless otherwise specifically modified herein. 2) That all necessary building permits for the accessory residential unit (ARU) shall be obtained, and associated fees and charges including applicable system development charges relating to the ARU for water, sewer, storm water, parks, and transportation, shall be paid prior to the issuance of a building permit. 3) That the plans submitted for the building permit shall be in conformance with those approved as part of this application. If the plans submitted for the building permit are not in substantial conformance with those approved as part of this application, an application to modify the Site Review approval would need to be submitted and approved prior to issuance of a building permit. Building permit submittals shall include: a. Lot coverage calculations including all building footprints, driveways, parking, and circulation areas shall be provided with the Building Permit. Lot coverage shall be limited to no more than 45-percent as required in the R-1-7.5 zoning district. b. Solar setback calculations demonstrating that all new construction complies with Solar Setback Standard A in the formula [(Height - 6)/(0.445 + 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 building permit submittals shall verify that the bicycle parking spacing and coverage requirements are-met in accordance with 18.4.3.070.1. d. The location and configuration of a trash enclosure that complies with 18.4.4.030.G.1. e. Exterior finishes on the ARU that match the existing residence per Historic Commission's recommendation. 4) 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. 5) That a Tree Verification Permit shall be applied for and approved by the Ashland Planning PA-TI-2019-00050 346 Scenic Dr/fk Page 4 Division prior to site work, tree removal, staging or storage of materials. The Verification Permit is to inspect the identification of the trees to be removed and the installation of tree protection fencing for the trees on and adjacent to the site to be protected. The tree protection shall be chain link fencing six feet tall and installed in accordance with 18.4.5.030. 6) That prior to the issuance of a certificate of occupancy: a) That a separate electric service and meter for the accessory residential unit shall be installed in accordance with Ashland Electric Department requirements. b) That a separate address for the accessory residential unit shall be applied for approved by the City of Ashland Engineering Division. Addressing shall meet the requirements of the Ashland Fire Department and be visible from the Public Right-of-Way. c) The requirements of the Ashland Fire Department to address fire apparatus access shall be satisfactorily addressed. d) That all exterior lighting shall be directed on the property and shall not directly illuminate adjacent proprieties. e) The inverted u-racks shall be used for the bicycle parking. All bicycle parking shall be installed ccor nce with design and rack standards in 18.4.3.070.1 and J. f) at th encing across the front of the lot is relocated so as to not block the front_fagade of the Acce of Residential Unit. b~ -q- zq 13' olnar, minunity Development Director Date PA-T1-2019-00050 346 Scenic DE•A Page 5 j 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 24, 20191 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 fist at such addresses as set forth on this list under each person's name for Planning Action #PA-T1-2019-00050, 346 Scenic Dr. owe.. ~ Signature of Em ployee pacumenU 412412019 PA-T1-2019-00050 391 E05DD 8202 PA-T1-2019-00050 391 E05 DD 8102 PA-T1-2019-00050 391 E05DD 8200 ALMQUIST BRIAN L TRUSTEE AUSTIN TIMOTHY CIROSEMARIE BARNARD CYNTHIA L TRUSTEE ET AL 155 SUSAN LN BARONE 128 WIMER ST ASHLAND, OR 97520 135 SUSAN LN ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2019-00050 391E05DD 8400 PA-T1-2019-00050 391E05DD 7501 PA-T1-2019-00050 391E05DD 8300 BARTON CHRIS J TRUSTEE AKA ET AL BERG BRIAN A TRUSTEE ET AL BESTOR ROBERT H TRUSTEE ET AL 112 DIVISADERO ST 13712 LEXINGTON CT 346 SCENIC DR SAN FRANCISCO, CA 94117 SARATOGA, CA 95070 ASHLAND, OR 97520 PA-T1-2019-00050 391E05DD 7602 PA-T1-2019-00050 391E05DD 7400 PA-T1-2019-00050 391E05DD 7500 GALUSHA WILLIAM BRADFORD GREENBERG MARK TRUSTEE HERMAN GARY E TRUSTEE ET AL TRUSTEE ET AL 320 SCENIC DR 338 SCENIC DR 140 SUSAN LN ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2019-00050 391 E05DC 302 PA-T1-2019-00050 391 E05DC 100 PA-T1-2019-00050 391 E05DC 400 HIXON ANANYA TRUSTEE ET AL HODGIN MICHAEL HOFFMAN DAVID E TRUSTEE ET AL 356 ALTA ST 248 WALKER AVE 345 SCENIC DR ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2019-00050 391E05DD 8101 PA-T1-2019-00050 391E05DC 600 PA-T1-2019-00050 391E05DC 500 KRAMER RONALD HOWARD SCHERR CYNTHIA TRUSTEE ET AL SPRAGUE GREGORY A 120 WIMER ST 325 SCENIC DR 337 SCENIC DR ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2019-00050 391 E05DD 8301 PA-T1-2019-00050 391 E05 DC 200 PA-T1-2019-00050 391 E05DC 300 WHEELER CHRISTOPHER ET AL WHITAKER JAMES P TRUSTEE WHITFORD SAMUEL C TRUSTEE ET AL 360 SCENIC DR 361 SCENIC DR 355 SCENIC DR ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2019-00050 PA-T1-2019-00050 VADIM AGAKHANOV ROGUE PLANNING & DEVELOPMENT 4346 /24/19 Scenic NOD D 262 B STREET 33 N. CENTRAL AVE STE 213 412 ASHLAND, OR 97520 MEDFORD, OR 97501 20 r~ ~ r . r J 260 8202, 4 . fl id 7,602 vrr 9o dl 6` I~ 1 1400 4.02 F 69,00 j 51 30'a s I fu g 0,,; ASHLAND HISTORIC COMMISSION Planning Application Review April 3, 2019 PLANNING ACTION: PA-T1-2019-00050 SUBJECT PROPERTY: 346 Scenic Dr OWNERS/APPLICANTS: Vadirn Agakhanov DESCRIPTION: A request for Site Design Review to construct a 765 square-foot detached residential unit to the north of the existing single-family residence. COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP: 39 1 E 05DD; TAX LOT: 8300 Recommendation: The Historic Commission recommends approving the application as proposed with the following recommendations: • Finishes should match the main residence (per 18.4.2.050.C.2.b). Department of Community Development Tel: 541488-5305 20 East Main St. Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www-ashland. or.us 1 Planning Department, 51 Will b wII)WVay, Ashland, Oregon 97520 ~ CITY F J 541-488-5305 1rax° 541-552-2059 www.ashland.or.us TTY: 1-800-735-2900 ' I '1; NOTICE OF APPLICATION PLANNING ACTION: A-T1-2019-00050 SUBJECT PROPERTY: 346 Scenic Drive OWWNERIAPPLICANT: Robert & Elizabeth Bestor/Vadim Agakhanov DESCRIPTION: A request for Site Design Review to construct a 765 square-foot detached residential unit to the north of the existing single-family residence, COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: 8-1- 7.5; ASSESSOR°S MAP: 391 E 05DD; TAX LOT: 3300 NOTE: The Ashland Historic Commission will also review this Planning Action on Wednesday, April 3, 2019 at 6:00 PM in the Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Wray,. NOTICE OF COMPLETE APPLICATION: March 27, 2019 DEADLINE FOR SUBMISSION O WRITTEN COMMENTS: April 10, 2019 3~ I 3651 ~ X61 i B ~ I ® I - 357 126 k 120 r, J 355 rt 353 356 ` I 3601 ,a C'CTIC R0PERr'r PLANNING Ac Poore rnr7-erns-00050 .,w } i f> I i I 135 49 i 34'5 I ~ W 346 I[ V 155 -25 I 340 - I SUSAN L.N 45 337 V l 338 150 I_ 140, 132 r a l~ n , x.,321 325 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 4:30 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 appliication 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 days of decision. An appeal to the Planning Commission of the Planning Divmsion Staff's decision must be made in writing to the Ashland Punning Division within 12 days from the date of the mailing of final decision. (AMC 18..5.1.0%G) The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this. Department to respond to the issue precludes an action for damages in circuit court.. A copy of the application, all documents and evidence relined upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services Building, 51 Winburn Way, Ashland, Oregon 97520. If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305. C, lrooaezo dewVpilannia wFlsnniaa , AclionslNolicing Folder'Afailed Notices & Si}insM1941A,-7'6-2099 O005b_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, Iot 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 18.8). 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 18,46 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 Me 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 its 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. ACCESSORY RESIDENTIAL UNITS 18.2.8.040 Accessory residential unfits are subject to Site Design Review under chapter 18..5.2, except as exempted in subsection 18.2,3,040,A, below. A. Exemptions. Accessory residential units are permitted outright with an approved building permit, and are allowed without a Site Design Review under chapter 18.5.2 provided that the accessory residential unit meets all of the following requirements, 11. The accessory residential unit is located in the R-1, R-145, RR, NN and NM zones, Accessory residential units in the R-2 and R-3 zones require Site Design Review under chapter 18,5.2 and are not permitted outright under this subsection, 2. The accessory residential unit meets all of the requirements of the applicable zone in subsections 18.2.3.0401.8, C, E and F, below, except as otherwise exempted in subsection 18,2.3.040.A. 3. The size of the accessory residential unit is less than 500 square feet of gross habitable floor area (GHFA). 4. The accessory residential unit is attached to the primary residence or within an existing primary residence. Accessory residential units located in the Historic District overlay and including exterior building changes that require a building permit„ and accessory residential units located in detached structures (i.e., not, attached to the primary residence) require Site Design Review under chapter 18.5.2 and are not permitted outright rrnd'er this subsection. 5 The property must have two off-street parking spaces, except that parking spaces, turn-arounds, and driveways are exempt from the requirements in subsections 1 and 2 of 18,43.080,1D and paving requirements in subsection 18,43,080,E.1. 6. Additional off-street parking is not required for the accessory residential unit if on-street parking is permitted within 200 feet of the property.. Alternatively, one off-street parking space may be provided on the property in conformance with the off-street parking provisions for accessory residential units in section 18.4.:3.080. B. R-1 Zone. Accessory residential units in the R-1 zone shall meet the following requirements, 1 . One accessory residential unit is allowed per lot, and the maximum number of dwelling units shall not exceed two per lot. 2. Accessory residential units are not subject to the density or minimum lot area requirements of the zone. 3. The maximum gross habitable floor area (GHFA) of the accessory residential unit shall not exceed 50 percent of the GHFA of the primary residence on the lot, and shall not exceed 1,000 square feet GHFA. 4. The proposal shall conform to the overall maximum lot coverage and setback requirements of the underlying zone. 5. Additional parking shall be provided in conformance with the off-street parking provisions for single-family dwellings in section 18.4.3.080, except that parking spaces, turn-arounds, and driveways are exempt from the requirements in subsections 1 and 2 of 18.4.3.080.D and-paving requirements in subsection 18.4.3.08O.E.1. C. RR Zone. In addition to the standards in subsection 18.2.3.040.8, accessory residential units in the RR zone shall meet the following requirements. 1, No on-street parking credits shall be allowed for accessory residential units, 2, If located in the Wildfire zone, the accessory residential unit shall have a residential sprinkler system installed, D. R,2 and R-3 Zones. Accessory residential units in the R-2 and R-3 zones shall meet the standards in subsection 18.2.3,040,13, except that the maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50 percent of the GHFA of the primary residence on the lot, and shall not exceed 500 square feet GHFA. E. NN Zones. Accessory residential units in the Normai Neighborhood District under chapter 18.3.4 shall meet the standards in subsection 18.23.040,8. F. NM Zones. Accessory residential units in the North Mountain Neighborhood NM zones under chapter 18.3.5 shall meet the standards in subsection 18,23.040.8, except that the maximum gross habitable floor area (GHFA) of the accessory residentiat unit must not exceed 750 square feet GHFA and that second story accessory residential units constructed above a detached accessory building must not exceed 500 square feet GHFA, G:y.com~n-devlplanni'aylp(anrnooip;.ActionsLNoticing PoldcTU%failed Notices& SignsV.019TA-YI-2019-00050.docx J AFFIDAVIT OF MAILING STATE OF OREGON ) County of Jackson ) The undersigned being first duly sworn states that: 1, I am employed by the City of Ashland, 29 East Main Street, Ashland, Oregon 97520, in the Community Development department. 2. On March 27, 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-T1-2019-00050, 346 Scenic Drive. w ~ Signature of Employee U:M1UseaslVappffiesalaplTemplalesffFVDAV1T OF P.WUNG-Regan.docx 3827019 Q A '~y'g~"s f 'r .,~y ~"frna ~b ~`d~•~ ~w 4'-'•y. n ~.4~3~ M p. t e PA-T1-2019-00050 391E05DD 8202 -A-T1-2019-00050 391E05DD 8102 I .A-T1-2019-00050 391E05DD 8201 ALMQUIST BRIAN L TRUSTEE AUSTIN TIMOTHY C/ROSEMARIE BARNARD CYNTHIA L TRUSTEE ET AL 155 SUSAN LN BARONE 128 WIMER ST ASHLAND, OR 975202618 135 SUSAN LN ASHLAND, OR 975201648 ASHLAND, OR 975202618 PA-T1-2019-00050 391E05DD 8400 PA-T1-2019-00050 391E05DD 7501 PA-T1-2019-00050 391E05DD 8300 BARTON CHRIS J TRUSTEE AKA ET AL BERG BRIAN A TRUSTEE ET AL BESTOR ROBERT H TRUSTEE ET AL 112 DIVISADERO ST 13712 LEXINGTON CT 346 SCENIC DR SAN FRANCISCO, CA 94117 SARATOGA, CA 950704933 ASHLAND, OR 975202624 PA-T1-2019-00050 391 E05DD 7602 PA-T1-2019-00050 391E05DD 7400 PA-T1-2019-00050 391E05DD 7500 GALUSHA WILLIAM BRADFORD GREENBERG MARK TRUSTEE HERMAN GARY E TRUSTEE ET AL TRUSTEE ET AL 320 SCENIC DR 338 SCENIC DR 140 SUSAN LN ASHLAND, OR 975202624 ASHLAND, OR 975202624 ASHLAND, OR 975202618 PA-T1-2019-00050 391 E05DC 302 PA-T1-2019-00050 391 E05DC 100 PA-T1-2019-00050 391 E05DC 400 HIXON ANANYA TRUSTEE ET AL HODGIN MICHAEL HOFFMAN DAVID E TRUSTEE ET AL 356 ALTA ST 248 WALKER AVE 345 SCENIC DR ASHLAND, OR 975202604 I ASHLAND, OR 975202312 ASHLAND, OR 975202623 PA-T1-2019-00050 391E05DD 8101 PA-T1-2019-00050 I PA-T1-2019-00050 391E05DC 601 KRAMER RONALD HOWARD ROGUE PLANNING & DEVELOPMENT SCHERR CYNTHIA TRUSTEE ET AL 120 WIMER ST 33 N. CENTRAL AVE SUITE 213 325 SCENIC DR ASHLAND, OR 975201648 MEDFORD, OR 97501 ASHLAND, OR 975202623 PA-T1-2019-00050 391 E05DC 500 PA-T1-2019-00050 PA-T1-2019-00050 391 E05DD 8301 SPRAGUE GREGORY A VADIM AGAKHANOV WHEELER CHRISTOPHER ET AL 337 SCENIC DR 262 B STREET 360 SCENIC DR ASHLAND, OR 975202623 ASHLAND, OR 97520 ASHLAND, OR 975202624 PA-T1-2019-00050 391 E05DC 200 PA-T1-2019-00050 391 E05 DC 300 WHITAKER JAMES P TRUSTEE WHITFORD SAMUEL C TRUSTEE ET AL 346 Scenic Drive 361 SCENIC DR 355 SCENIC DR 312712019 NOC ASHLAND, OR 975202623 ASHLAND, OR 975202623 20 Zang f } y V 110 101 1i~) ¢i~~i{) 010 l {:~~aE IIW 1 I Y,f' L/ Y 1 0011 C' dtWI toil UPI/ toot AM- {P ?1 Pi1t?" ~;5{L 00V 11~~k o0z }f~1 i {6h CI t1;!1s ~)f} ~ (J U'IT01 I I':1 [f Oki I City of Ashland Community Development Department PERMIT- NUMBER PFAL 11 51 Winburn Way PA-T1-2019-00050 Ashland, OR 97520 IF Telephone: 541-488-5305 Apply Date: 30 512019 IFA& Inspection Line: 541-552-2080 Plan Type: Type 1 Planning Action Work Class: Type I Planning Action Ma & Tax Lot Pro pe!ly Address 391 E05DD8300 346 Scenic Dr Owner Information Applicant lnformation Owner: Robert Bestor Applicant: Vadim Agakhanov Owner 346 Scenic Dr Applicant 131 Meade St Address: Ashland, OR 97520 Address: Ashland, OR 97520 Phone: - Phone: (541) 951-6727 Project Description site design review for ARU Fees Fee Description: Amount: Accessory Residential Unit (Type 1) $696.00 Applicant: Date: Total Fees: $696.00 1 ~ A Planning Division ZONING PERMIT APPLICATION 51 winburn Way, Ashland OR 97520 FIVE ` t ` " h C I T Y OF -ASH LA.1N D 541-488-5305 1`ax 541-488-6006 DESCRIPTION OF PROJECT Site D i n Review for ARU DESCRIPTION OF PROPERTY Pursuing LEEDS? Certification? ® YES 0 NO Street Address 345 Scenic Drive Assessor's Map No. 391 E 05DD Tax Lot(s) 83QQ Zoning R-1-7.5 Comp Plan Designation mingle Family Residential APPLICANT Name Vadim Agakhanov Phone 541-951-572.7E-Mail vadim97520@~7a gmail.com Address 202 B Street City Zip 97520 PROPERTY OWNER Name Robert and Elizabeth 13estor Phone E-Maid Address City Ashland Zip 97520 SURVEYOR ENGINIEER ARCHITECT LANDSCAPE ARCHITECT OTHER Title Planning Consultant Name Rogue Planning &Development ServicesLLC Phone 541-951-4020 E-Mail amygunter,planning@gmail.ct Address 33 N Central Avenue, Suite 213 City, Medford Zip 97501 Title Name Phone E-Mail Address City Zip l hereby certify that the statements and information contained irr this application, including the enclosed drawings and the required findings of feet, are in all respects, true and correct. I understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their location found to be incorrect, the owner assumes full responsibility. I further understand that if this request is subsequently contested, the burden will be on nio to establish: 1) that d produced sufficient factual evidence at the bearing to support this request, 2) that the findings of fact furnished fuslifies the granting of the request, 3) that the findings of fact furnished by me are adequate, and further 4) that all structures or improvements are property located on the ground. Failure in this IrM94(a rd will resin d ost likely in not only the request being set aside, but also possibly in my tructures eing built in reliance thereon being required to be remo ed ens r,°' have any doubts, l am advised to seek competent professional advice and asp s Applicant's Signa pare Date As owner of the property involved in this request, ! have read and understood the complete application and its consequences tome as a property owvner, v 2 , Propp rty Owner's Signature (required) Date [To be compWad by C4 stab] Date Deceived Zoning Permit Type---J, Filing Fee J L OVER 0 G:~emnnnmdev~tilannuedlPnrmslC Hnndota,0 !onind &'e n it Application.doc I'd Site Design (review for ,accessary Residential Unit 346 Scenic 6rive ROGUE PLANNING 6 DEVELOPMENT SE WEES. EEC ; f: March 11, 2019 Site Review approval for an Accessory Residential Unit Property Address: 346 Scenic Drive Property Owner: Robert and Elizabeth Bestor 346 Scenic Drive Ashland, OR 97520 Applicant: Vadim Agakhanov 262 B Street Ashland, OR 97520 Planning Consultant: Amy Gunter Rogue Planning & Development Services 33 N Central Avenue, Suite 213 Medford, OR 97501 Map & Tax Lot: 39 1E 05DD: Tax Lot: 8300 Zoning: R-1-7.5 Adjacent Zones: R-1-7.5 and R-2 Overlay Zones: Wildfire Hazards Overlay Skidmore Academy Historic District Page 1 of 9 Request: A request for a Site Design Review Permit for a detached accessory residential unit. The proposed ARU is to the north of the existing single-family residence. PropertDescription: The subject property is on the east side of Scenic Drive to the south of the intersection of Scenic Drive and Q W1ME - - - Wimer Street. The lot has 116-feet of frontage on Scenic Drive and extends 94-feet to the east. The lot' °z,u F t is 10,904-square feet in area. a ,o The property and the adjacent properties are zoned J4 a" ,~o`'~a,o3 zszr, 8202 R-1-7.5, Single Family Residential. The property is near the eastern boundary of the Skidmore Academy - - - - - - - _ Historic District. 7 susA~v - -ANC- ' oszi.c aai c I " 7006 766E 12 ? 7N32 The property is occupied by a circa 1960s single family ( eta,°3 ,N i 11 d, residence. The structure was substantially remodeled I 1401 8300 UOAC I o z5 Af 820 s Fes' $0.20 AC. in 2014 with an approximatly 300 square foot Ii I addition, and detached garage. The roof style was modified from a low pitch, single gable ranch style home to the skillion style roof. a The modification substantially altered the exterior of the non-historic, non-contributing, 1960s ranch style that had existed on the site to a 032A . o2,0Al. modern structure that reflects design trends of the late 2000s. The roof style and window changes made in 2014 are reminiscent of classic, 1960s modernism / mid-century modern, and the house, if originally constructed in this manner would likely have resulted in a Historic Contributing designation. The 1,564-square foot single story residence has a 1,228-square foot finished basement. A 506-square foot, detached garage is located to the southeast of the residence. The site slopes approximately 6.9 percent downhill to the north. The property is subject to solar setback standard A. The main residence has a nicely landscaped rear yard area with large decks that provide access to their private yard area. The ARU will have access to the front, side and rear yard to provide for additional outdoor area. Scenic Drive is a neighborhood collector street. The street is fully improved to the standards at the time of its construction with pavement, curb and gutter. Scenic Drive has an approximately 27-foot wide, paved driving surface along the frontage of the property. Due to the topography, there are no sidewalks in the vicinity. Page 2 of 9 The property is subject to solar setback standard A. The proposed structure complies with the minimum solar setbacks in the zone. Excluding the 200 square feet of allowed permeable pavement / patio areas, etc. the proposal complies with minimum lot coverages in the zone. Proposal: The request is to construct a 765-square foot Accessory Residential Unit (ARU) to the north of the residence. The unit is proposed as a small one-bedroom unit. The property is served by an existing, 17-foot wide driveway to the garage. This provides for the existing two parking spaces required for the residence, a third off-street parking space is located to the west of the garage, under the back side of the residence. The addition of the one-bedroom unit requires an additional parking space. This space is requested as an on-street parking credit on Scenic Drive. Covered bicycle parking will be provided for the ARU under the deck area. The two required bicycle parking spaces for the single family are within the garage. The proposed ARU is oriented towards Scenic Drive. The proposed structure has a single gable shed roof similar to the pitch and massing of the primary residence. With similar exterior materials, trim details, windows and doors, the structure is architecturally compatible with the primary residence on the site. Within this portion of the Skidmore Academy, there is an eclectic mixture of housing styles in the area and the additional unit will fit into the eclectic street pattern. The ARU is proposed to be more than six-feet from the primary residence, so it is not considered part of the maximum permitted floor area on the site. The proposed structure is setback 15-feet from the street. The setback is consistent with the other structures along the Scenic Drive frontage. The structure will not be located on any areas of steep slopes. The proposed structure will demonstrate compliance with the solar setback standards at the time of the building permit submittal. Presently, the height of the structure requires a 13-foot setback where a 12-foot setback is shown. The structure can be reduced in height to provide adequate solar clearance. The unit has access to the spacious yard area. On the following pages, findings of fact addressingthe criteria from Ashland Municipal Code are provided on the following pages. For clarity, the criteria are in Times New Roman and the applicant's responses are in Calibri font. Page 3 of 9 CRITERIA from the Ashland Land Use Ordinance B. Applicability. Except as otherwise required by an overlay zone or plan district, the following standards apply to residential development pursuant to section 18.5.2.020. See conceptual site plan of multi-family development in Figure 18.4.2.030. 1. Accessory Residential Units. Unless exempted from Site Design Review in 18.2.3.040.A, only the following standards in Chapter 18.4.2 apply to accessory residential units: building orientation requirements in 18.4.2.030.C, garage requirements in 18.4.2.030.D, and building materials in 18.4.2.030.E. If an accessory residential unit is located in the Historic District overlay, the standards in 18.4.2.050 also apply. See the Special Use Standards for accessory residential units in section 18.2.3.040. 18.5.2.050 Site Design Review A. Underlying Zone. The proposal complies with all of the applicable provisions of the underlying zone (part 18.2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards. The lot area exceeds the minimum lot area in the R-1-7.5 zone with 10,904 square feet of lot area in the R-1-7.5 zone. The proposed structure is more than six-feet away from the primary residence and the structure is exempt from MPFA calculations. The accessory unit does not need to meet density standards. The proposed existing lot coverage is lot coverage complies with the maximum lot coverage in the zone. Standards for Residential Zones: 18.2.3.040 Accessory Residential Unit Accessory residential units are subject to Site Design Review under chapter 18.5.2, except as exempted in subsection 18.2.3.040.A, below. A. Exemptions. Accessory residential units are permitted outright with an approved building permit, and are allowed without a Site Design Review under chapter 18.5.2 provided that the accessory residential unit meets all of the following requirements. 1. The accessory residential unit is located in the R-1, R-1-3.5, RR, NN and NM zones. Accessory residential units in the R-2 and R-3 zones require Site Design Review under chapter 18.5.2 and are not permitted outright under this subsection. The property is in the R-1 zone. The unit requires Site Design Review because the ARU is detached and in the Skidmore Academy Historic District. Page 4 of 9 2. The accessory residential unit meets all of the requirements of the applicable zone in subsections 18.2.3.040.B, C, E and F, below, except as otherwise exempted in subsection 18.2.3.040.A. The proposed accessory residential unit meets the requirements of the applicable zone found in subsection 18.2.3.040.6. 3. The size of the accessory residential unit is less than 500 square feet of gross habitable floor area (GHFA). The accessory residential unit is proposed to be 765 square feet in area. 4. The accessory residential unit is attached to the primary residence or within an existing primary residence. Accessory residential units located in the Historic District overlay and including exterior building changes that require a building permit, and accessory residential units located in detached structures (i.e., not attached to the primary residence) require Site Design Review under chapter 18.5.2 and are not permitted outright under this subsection. The accessory residential unit is not attached. The unit is within the Skidmore Academy Historic District. A Site Design Review under chapter 18.5.2 is required. 5. The property must have two off-street parking spaces, except that parking spaces, turn-arounds, and driveways are exempt from the requirements in subsections 1 and 2 of 18.4.3.080.D and paving requirements in subsection 18.4.3.080.E.1. The property has three off-street parking spaces that are within the two-vehicle garage and under the cantilevered deck at the rear of the primary residence. Though exempt from paving, the driveway is a solid surface. 6. Additional off-street parking is not required for the accessory residential unit if on-street parking is permitted within 200 feet of the property. Alternatively, one off-street parking space may be provided on the property in conformance with the off-street parking provisions for accessory residential units in section 18.4.3.080. One, on-street parking space is required on the Scenic Drive frontage. There is more than 44-feet of uninterrupted curb frontage. Page 5 of 9 B. R-1 Zone. Accessory residential units in the R-1 zone shall meet the following requirements: 1. One accessory residential unit is allowed per lot, and the maximum number of dwelling units shall not exceed two per lot. The proposal is for one accessory residential unit in addition to the existing residence. 2. Accessory residential units are not subject to the density or minimum lot area requirements of the zone. The density of the property does not impact the proposal. 3. The maximum gross habitable floor area (GHFA) of the accessory residential unit shall not exceed 50 percent of the GHFA of the primary residence on the lot, and shall not exceed 1,000 square feet GHFA. The GHFA of the accessory residential unit is 765 square feet in area. This is less than 50 percent of the GHFA of the 2,792 square foot residence on the site. 4. The proposal shall conform to the overall maximum lot coverage and setback requirements of the underlying zone. The proposed lot coverage, following construction of the accessory residential unit is 4,660 square feet which is 42.7 percent, and complies with the maximum allowed coverage in the zone. 5. Additional parking shall be provided in conformance with the off-street parking provisions for single-family dwellings in section 18.43.040, except that parking spaces, turn-grounds, and driveways are exempt from the requirements in subsections 18.4.3.080.D.1 and 18.4.3.080.D.2 and paving requirements in subsection 18.4.3.080.E.1. The proposal requires an additional vehicle parking space. The property has two, off-street parking spaces within the two vehicle garage. A third parking space is to the rear of the residence under the cantilevered back deck area. The accessory Page 6 of 9 residential unit size requires a fourth parking space. The request is to allow for an on-street credit. There is available on-street parking along the frontage of the property. B. Overlay Zones. The proposal complies with applicable overlay zone requirements (part 18.3). The property is within the Skidmore Academy Historic District. The new construction not have a negative impact on the historic, non-contributing structure on the site and will complement the major fagade renovation that occurred on the property in 2014. The materials proposed for the structure are proposed to match the existing structure in dimension, finish and material type. The roof pitch, roofing materials and all proposed to match the existing structure. The proposed structure is single story and setback further than the primary residence. The height of the structure is lower than the existing residence and the ARU will be complementary to the residence. C. Site Development and Design Standards. The trash / recycle area will be provided between the building and the parking area behind a screening fence and not visible to the public street. Building Materials. Building materials and paint colors should be compatible with the surrounding area, Very bright primary or neon-type paint colors, which attract attention to the building or use, are unacceptable. The building materials will match the existing structure and are compatible with the surrounding area. Streetseape. One street tree chosen from the street tree list shall be placed for each 30 feet of frontage for that portion of the development fronting the street pursuant to subsection 18.4.4.030.E. There are four "street" trees along the frontage of the property. There are screening conifer trees leaving no space for new street trees. Landscape 1 Tree Protection: The yard area is nicely landscaped with established trees on the site. Tree protection fencing with six-foot chain link panel fencing is proposed along the dripline of the hazelnut tree in the side yard between the residence and the proposed ARU. The trees in the front yard of the primary residence will have orange construction net or something similar protect these trees. An 8-inch cedar tree will be removed to facilitate the new construction. The tree is less than the size Page 7 of 9 thresholds that trigger a tree removal permit. The conifer tree proposed for removal will not be mitigated for. 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. Adequate city facilities exist and presently service the SFR and the ARU in Scenic Drive and in private utility easements. Water, sewer and storm drainage will be connected to the existing system. A separate electric service and meter for the ARU will be installed. 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, 2, or 3, 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; None requested. 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