HomeMy WebLinkAboutKearney_350_PA-T1-2019-00076CITY OF
-ASH LAN D
November 5, 2019
Notice of Final Decision
On November 4, 2019, the Community Development Director approved the request for the
following;
Planning Action: PA-T1-2019-00076
Subject Property: 350 Kearney
Applicant/Owner: John Schinnerer/Marvin & Mary Schinnerer
Description: A request Site Design Review to convert the lower floor of a two story
house into an attached Accessory Residential Unit (ARU). There are no proposed changes to the
exterior of the building or to the site. The applicant has requested on -street parking credit for the
additional parking. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential;
ZONING: R-1-7.5; MAP: 39 1E 09DC; TAX LOT: 3400
The Community Development Director's decision becomes final and is effective on the 12" 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
Winbum Way. Copies of file documents can be requested and are charged based on the City of
Ashland copy fee schedule.
Prior to the final decision date, anyone who was mailed this Notice of Final Decision may
request a reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO)
18.5.1.050(F) and/or file an appeal to the Ashland Planning Commission as provided in ALUO
18.5.1.050(G). The ALUO sections covering reconsideration and appeal procedures are attached.
The appeal may not be made directly to the Oregon Land Use Board of Appeals.
If you have any questions regarding this decision, please contact Aaron Anderson 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 Winburn Way Fax: 541-552-2050
Ashland, Oregon 87520 TTY: 800-735-2800
www.ashland.or.ns
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.
I. Any party entitled to notice of the planning action, or any City department may request reconsideration of the action
after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no
fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, 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:
I . Who May Appeal. The following persons have standing to appeal a Type I decision.
a. The applicant or owner of the subject property.
b. Any person who is entitled to written notice of the Type I decision pursuant to subsection
18.5.1.050.B.
c. Any other person who participated in the proceeding by submitting written comments on the application to the
City by the specified deadline.
2. Appeal Filing Procedure.
a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.050.G.1, above, may
appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of this
subsection. The fee required in this section shall not apply to appeals made by neighborhood or community
organizations recognized by the City and whose boundaries include the site. If an appellant prevails at the hearing
or upon subsequent appeal, the fee for the initial hearing shall be refunded.
b. Tune for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of
decision is mailed.
c. Content of Notice ofAppeal. The notice of appeal shall be accompanied by the required filing fee and shall contain.
i. An identification of the decision being appealed, including the date of the decision.
ii. A statement demonstrating the person filing the notice of appeal has standing to appeal.
iii. A statement explaining the specific issues being raised on appeal.
iv. A statement demonstrating that the appeal issues were raised during the public comment period.
d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a
jurisdictional defect and will not be heard or considered.
3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before the
Planning Commission. The appeal shall not be limited to the application materials, evidence and other documentation,
and specific issues raised in the review leading up to the Type I decision, but may include other relevant evidence and
arguments. The Commission may allow additional evidence, testimony, or argument concerning any relevant
ordinance provision.
4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type Il public hearing procedures,
pursuant to section 18.5.1.060, subsections A — E, except that the decision of the Planning Commission is the final
decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the
adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of
Appeals, pursuant to ORS 197.805 - 197.860.
COMMUNITY DEVELOPMENT DEPARTMENT Tel; 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800.735-2900
NNivw.ashland.or.its
ASHLAND PLANNING DEPARTMENT
FINDINGS & ORDERS
PLANNING ACTION: PA-T1-2019-00076
SUBJECT PROPERTIES: 350 Kearney
OWNERIAPPLICANT: Marvin & Mary Schinnerer
DESCRIPTION: A request Site Design Review to convert the lower floor of a two story
house into an attached Accessory Residential Unit (ARU). There are no proposed changes to the exterior
of the building or to the site. The applicant has requested on -street parking credit for the additional parking.
COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5;
MAP: 39 1E 09DC; TAX LOT: 3400
SUBMITTAL DATE:
October 2, 2019
DEEMED COMPLETE DATE:
October 15, 2019
STAFF APPROVAL DATE:
November 4, 2019
DEADLINE TO APPEAL (4:30 p.m.):
November 18, 2019
FINAL DECISION DATE:
November 19, 2019
APPROVAL EXPIRATION DATE:
May 19, 2021
DECISION
The proposal is to convert the lower floor of a two story single family home into a detached Accessory
Residential Unit (ARU). The subject property is located midblock on Kearney St between Holly and
Altamont Streets and is located in the R-1-7.5 zoning district. The property conforms to base zone
requirements including lot coverage and setbacks. The surrounding neighborhood is comprised primarily
of single-family homes and is also zoned R-1-7.5.
The property is 0.22 acres and is developed with a single story single family house with daylight basement
constructed in 1967. The first floor of the house is 1,519 square feet not including the garage, and has a
partially finished basement that will be developed into an ARU*. Accessory Residential Units are required
not to exceed 50-percent of the Gross Habitable Floor Area (GHFA) of the primary dwelling creating an
upper limit for an authorized ARU to be no more than 789 square feet.
The applicant has proposed partitioning the basement so that a portion of it will be for mechanical
equipment and storage (307 square feet) accessed only from an exterior doorway. The proposed ARU has
a GHFA of 757 square feet (less than 50-percent of the main residence).
The application for an ARU less than 800 square feet and a single-family home requires three automobile
parking spaces. The application demonstrates that two of these parking spaces are provided in the paved
driveway, and the applicant is requesting on -street parking credit for the third parking space. The subject
property has approximately 34-feet of uninterrupted curb providing enough space for an on -street parking
credit. During site visits staff found that there was always on -street parking available on Kearney St. and
granting the on -street credit does not appear to be problematic. Bike parking is proposed on the south side
of the existing garage.
* According to Jackson County Assessors records the house is 1,620 sq. ft. (1284 11 floor, plus 336 of finished area in the
basement). The applicant's reported 1,518 accounts for a 13'x l 8' enclosed sun room not reflected in the assessor's calculations.
PA-T1-2019-00076
350 Kearney St./aa
Page 1
The application complies with all of the applicable provisions of the R-1 -7.5 zoning district, the applicable
Site Development and Design Standards in AMC 18.4, and the special use standards for an ARU provided
in AMC 18.2.3.040.
The applicant has 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.
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.1 and 18.4.3.080.D.2
and paving requirements in subsection 18.4.3.080.E.1.
The criteria for Site Review approval are described in AMC Chapter 18.5.2.050 as follows:
A. Underlying Zone: The proposal complies with all of the applicable provisions of the underlying
zone (part 18.2), including but not limited to: building and yard setbacks, lot area and dimensions,
density and floor area, lot coverage, building height, building orientation, architecture, and other
applicable standards.
B. Overlay Zones: The proposal complies with applicable overlay zone requirements (part 18.3).
C. Site Development and Design Standards: The proposal complies with the applicable Site
Development and Design Standards of part 18.4, except as provided by subsection E, below.
D. City Facilities: The proposal complies with the applicable standards in section 18.4.6 Public
Facilities and that adequate capacity of City facilities for water, sewer, electricity, urban storm
drainage, paved access to and throughout the property and adequate transportation can and will
be provided to the subject property.
E. Exception to the Site Development and Design Standards. The approval authority may
approve exceptions to the Site Development and Design Standards of part 18.4 if the
circumstances in either subsection 1 or 2, below, are found to exist.
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
PA-T1-2019-00076
350 Kearney St./aa
Page 2
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 staffs assessment, the application with the attached conditions complies with applicable ordinances
and meets all required criteria.
Planning Action #T1-2019-00076 is approved with the following conditions. Further, if any one or more
of the following conditions are found to be invalid for any reason whatsoever, then Planning Action #T1-
2019-00076 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, including permits for the new electrical service to the
Accessory Residential Unit, and system development charges for water, sewer, storm water, parks,
and transportation shall be paid prior to the issuance of a building permit.
3) That a separate, lectric service for the accessory residential unit shall be installed in
accordance with Ashland Electric Department requirements prior to issuance of the certificate of
' occupancy.
4) 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
this Site Review approval shall be submitted and approved prior to issuance of a building permit.
5) That bicycle parking to be shown on the Final Plan. If bicycle parking is provided in garages, final
interior dimensions of garages shall be provided to insure adequate space needs.
6) 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 Kearney Street prior to issuance of the building permit. 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.
7) 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) All automobile parking and bicycle parking shall be installed according to the approved
plan, inspected, and approved by the Staff Advisor.
d All l scaping, hardscaping and irrigation, shall be installed according to the approved
plan;aiAspected and approved by the Staff Advisor.
[-f.cq.ZCt
Development Director Date
PA-Ti-2019-00076
350 Keamey St./aa
Page 3
AFFIDAVIT OF MAILING
STATE OF OREGON
County of Jackson
The undersigned being first duly sworn states that:
I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On November 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 the Planning Action #PA-T1-2019-00076, 350 Kearney.
vam M, %'k
Signs ure of Employee
C:lUserslr appfkDesktop4TemplalesWFF1DAMT OF P.'dS UNG_Regan,dou 111512019
PA-T1-2019-00076 391 E09DC 1300
AKIN T ALLENIARDEN MICHELLE J
405 LINCOLN AVE
PALO ALTO, CA 94301 3231
PA-T 1 -2019-00076 391 E09DC 3700
BUCKLES DAVID XREINA MICHELLE R
384 KEARNEY ST
ASHLAND, OR 97520 3038
PA-T1-2019-00076 391 E09DC 4800
GORDON CRAIG
344 IDAHO ST
ASHLAND, OR 97520 3034
PA-T1-2019-00076 391 E09DC 3100
HAJEK PATRICIA
5910 RIVER DR
MASON NECK, VA 22079 4129
PA-T1-2019-00076 391 E09DC 4600
KEIL C LIKATHARINE JACKSON
359 KEARNEY ST
ASHLAND, OR 97520 3037
PA-T1-2019-00076 391 E09DC 1200 PA-T1-2019-00076 391E09DB 9002
ALVORD THOMAS MICHAEL TRUSTEE BROWN CHAD M ET AL
ET AL 550 HOLLY ST
13885 HIGHWAY 66 ASHLAND, OR 97520 2926
ASHLAND, OR 97520 9430
PA-T 1 -2019-00076 391E09DC 3600
DOTY JULIE RENEE
374 KEARNEY ST
ASHLAND, OR 97520 3038
PA-T1-2019-00076 391 E09DC 4500
GREATHOUSE JANICE L TRUSTEE ET AL
375 KEARNEY ST
ASHLAND, OR 97520 3037
PA-T1-2019-00076 391 E09DC 2500
JONES DORINDA WHITE
387 HARRISON ST
ASHLAND, OR 97520 3062
PA-T1-2019-00076 391 E09DC 4300
L& M TRUST ET AL
3104 0 ST 239
SACRAMENTO, CA 95816 6519
PA-T1-2019-00076 391 E09DC 2800
GEARY EDWARD A TRUST
345 HARRISON ST
ASHLAND, OR 97520 3060
PA-T1-2019-00076 391E09DB 9100
GRUDIN MELISSA KAPLAN TRUSTEE ET
AL
625 HOLLY ST
ASHLAND, OR 97520 2928
PA-T1-2019-00076 391 E09DC 5001
KANN JACOB ET AL
374 IDAHO ST
ASHLAND, OR 97520 3034
PA-T1-2019-00076 391E09DB 8900
RECORS ERICK
545 HOLLY ST
ASHLAND, OR 97520 2927
PA-T1-2019-00076 391 E09DB 9201 PA-T1-2019-00076 391 E09DC 3500 PA-T 1 -2019-00076 391 E09DB 8401
REMINGTON MICHAEL B TRUSTEE ET RIZZOLO ANN RUTTER TIMOTHY J TRUSTEE ET AL
AL 360 KEARNEY ST 516 GRANITE ST
645 HOLLY ST ASHLAND, OR 97520 3038 ASHLAND, OR 97520 2720
ASHLAND, OR 97520 2928
PA-T1-2019-00076 391E09DC 3400 PA-T1-2019-00076 391E09DC 4702 PA-T1-2019-00076 391E09DC 2900
SCHINNERER MARVINIMARY SHANAFELT MICHAEL A TRUSTEE ET AL SHERMAN WILLIAM FIREBEKAH
906 POMONA AVE 572 HOLLY ST 333 HARRISON ST
ALBANY, CA 94706 ASHLAND, OR 97520 2926 ASHLAND, OR 97520 3060
PA-T1-2019-00076 391E09DB 9101
SHUMAN AMY C TRUSTEE ET AL
639 HOLLY ST
ASHLAND, OR 97520 2928
PA-T1-2019-00076 391 E09DC 3000
STRAUSS ANN V
650 HOLLY ST
ASHLAND, OR 97520 2928
PA-T1-2019-00076 391 E09DC 2700
STARNES NORENE TRUSTEE ET AL
359 HARRISON ST
ASHLAND, OR 97520 3060
PA-T7-2019-00076 391 E09DC 3200
SYDORIAK WALTER M TRUSTEE ET AL
622 HOLLY ST
ASHLAND, OR 97520 2928
PA-T1-2019-00076 391 E09DB 9001
STRASSBERG-PHILLIPS DAJA K
TRUSTEE ET AL
450 SEQUOIA AVE
PALO ALTO, CA 943061047
PA-T1-2019-00076 391 E09DC 2600
TAUB DAVID H TRUSTEE ET AL
371 HARRISON ST
ASHLAND, OR 97520 3060
PA-T1-2019-00076 391 E09DC 4701 PA-T1-2019-00076 391 E09DB 9200 PA-Ti-2019-00076 391 E09DC 4900
TENNANT NICHOLAS M TRUSTEE ET AL WHITRIDGE HENRY OICAROLE ZUCKER DEBORAH B
582 HOLLY ST 309 HARRISON ST 356 IDAHO ST
ASHLAND, OR 97520 2926 ASHLAND, OR 97520 2921 ASHLAND, OR 97520 3034
PA-T1-2019-00076
SCHINNERER JOHN 350 KEARNEY
400 FERNWOOD DRIVE NOD 31
ASHLAND, OR 97520 11105/2019
Planning Department, 51 Winburn Way, Ashland, Oregon '97520 CITY OF
541-488.5305 Fax:541-552-2050 www.ashland.or.us TTY:1-800-735-2900 -ASHLAND
PLANNING ACTION: PA-T1-2019-00076
SUBJECT PROPERTY: 350 Kearney
OWN ER/APPLI CANT: Marvin & Mary Schinnerer
DESCRIPTION: A request for Site Design Review to convert the lower floor of a two story house into an
a5ttachred Accessory Residential Unit (ARU),, There are no proposed changes to the exterior of the building or to
the site. The applicant has requested on -street parking credit for the additional parking. COMPREHENSIVE PLAN
DESIGNATION: Single Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP#: 391E09DCg TAX LOT: 3400
Val
11111:01101 Ilk' 14 M1 Akyll
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.rn. 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 riot more than
45 days frorn the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice of decision is mailed to the same
properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staff's decision must be made in writing to the Ashland Planning
Division within 12 days from the date of the mailing of final decision. (AMC 18.5A.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 appkcation, by letter,
or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of
Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure
of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the
issue precludes an action for damages in circuit court.
A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at
reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services Building, 51' inburn Way,
Ashland, Oregon 97520.
If you have questions or comments concerning this request, piease feel free to contact at 541-488-5305.
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Improvement Summary
JACKSON County
For Assessment Year 2019
Account ID 10074047
Map 391E09-DC-03400 Situs
Mailing SC14INNLRER MARVIN/MARY
906 POMONA AVE
ALBANY, CA 94706
Code Stat Year
Bldg Area Gass Built
1 0501 143 1963
Rooms: 3 - BD, 3 - FB, 2 - FP
rnp % Description
100 143 - One story with basement
Floors
350 KEARNEY ST ASHLAND, OR 97520
Description Class Comp % OR % Sgft
First Floor 4 100 1284
Basement 4 100 10 44
Garage 4 100 462
Improvement Inventory
Description
City/Size
Description
Qty/Size
CEILING CABLE
1284
OVEN
I
COMP SHGL
1284
SHOWER
I
COMP SHGL
462
SHOWER
I
COOKTOP
I
SINGLE FP
I
DISHWASHER
I
TOILET
I
HOOD/FAN
I
TOILET
2
LAVATORY
i
TUB/SHO«IER
1
LAVATORY
2
WALL UNIT
336
WOOD STOVE JIFARTH
1
Accessories
Description Size Qty
DECK-RW/tREX-NO COVER 155 1
CONCRETE 414 1
ENCLOSED PORCH, PATIO, DECK 234 1
Total RMV $150,980
10/30/2019 Page 1 of 1
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, buiiding 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 wilt be provided to the
subject property.
E� Exception k,the Site Development wand' 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,
ACCESSORY RESIDENTIAL UNITS,
18.2.3,040
Accessory residential units are subject to Site Design Review under chapter 18.5.2, except as exempted in subsection 18,2.3.040.A, below.
A. Exemptions. Accessory residential units are permitted outright with an approved building permit, and are allowed without a Site Design Review under
chapter 18.5.2 provided that the accessory residential unit meets all of the following requirements,
1. The accessory residential unit is located in the, R-1, R-1-3.5, RR, NN and NM zones, Accessory residential units in the R-2 and R-3 zones require
Site Design Review under chapter 18.51.2 and are not permitted outright under this subsection.
2. The accessory residential unit meets all of the requirements of the applicabie zone in subsections 18.2.3,040,13, C, E and F, below, except as
otherwise exempted in subsect"son 18.2.3.040.A.
3. The size of the accessory residential unit is less than 500 square feet of gross habitable floor area (GHFA),
4, The accessory residential unit is attached to the primary residence or within an existing primary residence. Accessory residential units located in the
Historic District overlay and including exterior building changes that require a building permit, and accessory residential units located in detached
structures (i.e,, not attached to the primary residence) require Site Design Review under chapter 18.5.2 and are not permitted outright under this
subsection,
5 The property must have two off-street parking spaces, except that parking spaces, turn-arounds, and driveways are exempt from the requirements in
subsections 1 and 2 of 18.4.3.080.D and paving requirements in subsection 18,43.080.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 184 3.080.E.1.
C RR Zone, In addition to the standards in subsection 18.23.040.13, 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 ineet the standards in subsection 18.2.3,040,6, 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 1183A shall meet the standards in subsection 18,23,040.8.
F. NIVI Zones. Accessory residential units in the North Mountain Neighborhood NIVI zones under chapter 18.3.5 shall meet the standards in subsection
1823.040.13, 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.
Actims4Nolicing Foldei\N failed Notices & Sigiis12019\PA-TM1-20119-00,076.docN,
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 October 15, 2019 1 caused to be mailed, by regular mail, in a sealed
envelope with postage fully prepaid, a copy of the attached planning action notice
to each person listed on the attached mailing list at such addresses as set forth on
this list under each person's name for Planning Action #PA-TI-2019-00076, 350
Kearney.
rn
6-
Sig' ature of Employee
DocumenP fOI1512019
PA-T1-2019-00076 391 E09DC 1300
AKIN T ALLENIARDEN MICHELLE J
405 LINCOLN AVE
PALO ALTO, CA 94301
PA-T1-2019-00076 391 E09DC 3700
BUCKLES DAVID JIREINA MICHELLE R
384 KEARNEY ST
ASHLAND, OR 97520
PA-T1-2019-00076 391 E09DC 4800
GORDON CRAIG
344 IDAHO ST
ASHLAND, OR 97520
PA-T1-2019-00076 391E09DC 3100
HAJEK PATRICIA
5910 RIVER DR
MASON NECK, VA 22079
PA-T1-2019-00076 391 E09DC 4600
KEIL C UKATHARINE JACKSON
359 KEARNEY ST
ASHLAND, OR 97520
PA-T1-2019-00076 391 E09DC 1200 PA-T1-2019-00076 391 E09DB 9002
ALVORD THOMAS MICHAEL TRUSTEE BROWN CHAD M ET AL
ET AL 550 HOLLY ST
13885 HIGHWAY 66 ASHLAND, OR 97520
ASHLAND, OR 97520
PA-T1-2019-00076 391 E09DC 3600
DOTY JULIE RENEE
374 KEARNEY ST
ASHLAND, OR 97520
PA-T1-2019-00076 391 E09DC 4500
GREATHOUSE JANICE L TRUSTEE ET AL
375 KEARNEY ST
ASHLAND, OR 97520
PA-T1-2019-00076 391 E09DC 2500
JONES DORINDA WHITE
387 HARRISON ST
ASHLAND, OR 97520
PA-T1-2019-00076 391E09DC 4300
L& M TRUST ET AL
3104 0 ST 239
SACRAMENTO, CA 95816
PA-T1-2019-00076 391 E09DC 2800
GEARY EDWARD A TRUST
345 HARRISON ST
ASHLAND, OR 97520
PA-T1-2019-00076 391 E09DB 9100
GRUDIN MELISSA KAPLAN TRUSTEE ET
AL
625 HOLLY ST
ASHLAND, OR 97520
PA-T1-2019-00076 391 E09DC 5001
KANN JACOB ET AL
374 IDAHO ST
ASHLAND, OR 97520
PA-T1-2019-00076 391 E09DB 8900
RECORS ERICK
545 HOLLY ST
ASHLAND, OR 97520
PA-T1-2019-00076 391 E09DB 9201 PA-T1-2019-00076 391 E09DC 3500 PA-T1-2019-00076 391 E09DB 8401
REMINGTON MICHAEL B TRUSTEE ET RIZZOLO ANN RUTTER TIMOTHY J TRUSTEE ET AL
AL 360 KEARNEY ST 516 GRANITE ST
645 HOLLY ST ASHLAND, OR 97520 ASHLAND, OR 97520
ASHLAND, OR 97520
PA-T1-2019-00076 391 E09DC 3400 PA-T1-2019-00076 391 E09DC 4702 PA-T1-2019-00076 391 E09DC 2900
SCHINNERER MARVINIMARY SHANAFELT MICHAEL A TRUSTEE ET AL SHERMAN WILLIAM FIREBEKAH
906 POMONA AVE ' 572 HOLLY ST 333 HARRISON ST
ALBANY, CA 94706 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2019-00076 391 E09DB 9101
SHUMAN AMY C TRUSTEE ET AL
639 HOLLY ST
ASHLAND, OR 97520
PA-T1-2019-00076 391 E09DC 2700
STARNES NORENE TRUSTEE ET AL
359 HARRISON ST
ASHLAND, OR 97520
PA-T1-2019-00076 391 E09DB 9001
STRASSBERG-PILLIPS DADA K
TRUSTEE ET AL
450 SEQUOIA AVE
PALO ALTO, CA 94306
PA-T1-2019-00076 391 E09DC 3000 PA-T1-2019-00076 391 E09DC 3200 PA-T1-2019-00076 391 E09DC 2600
STRAUSS ANN V SYDORIAK WALTER M TRUSTEE ET AL TAUB DAVID H TRUSTEE ET AL
650 HOLLY ST 622 HOLLY ST 371 HARRISON ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2019-00076 391E09DC 4701 PA-T1-2019-00076 391 E09DB 9200 PA-T1-2019-00076 391 E09DC 4900
TENNANT NICHOLAS M TRUSTEE ET AL WHITRIDGE HENRY OICAROLE ZUCKER DEBORAH B
582 HOLLY ST 309 HARRISON ST 356 IDAHO ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2019-00076 350 Kearney
John Schinnerer 10/15/2019 NOC
400 Fernwood 31
Ashland, OR 97520
9501
913401
w
FEM, M,
PLANNING ACTION: PA-T1-2019-00076
SUBJECT PROPERTIES: 350 Kearney
OWNER/APPLICANT: Marvin & Mary Schinnerer
DESCRIPTION: A request Site Design Review to convert the lower floor of a two
story house into an attached Accessory Residential Unit (ARU). There are no proposed changes to
the exterior of the building or to the site. The applicant has requested on -street parking credit for
the additional parking.
COMPREHENSIVE PLAN DESIGNATION: Single Fancily Residential; ZONING: R-1-7.5;
MAP: 39 1E 09DC; TAX LOT: 3400
PLANNER: Aaron TREE: No HISTORIC: No
(Criteria: Site Design Review, Accessory Residential Unit)
278 1�-
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874
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1:600 i inch equals So feet
50 25 0 50
100
150 200
Mapping is schematic only and bears no warranty of accuracy. CITY
-
0 15 30 60 90
120
All features, structures, facilities, easement or roadway locations
Feet
Should be independently field verged for existence andlor location.
Feet
1:600
11[anningDivision
51 Witiburn Way, Ashland OR 97520
CITY Of
ASMAND 14 1-418-5305 Fax 541-488-0000
ZONING PERMIT APPLICATION
FILE #-j7-W
DESCRIPTION OF PROJECT C (_ e_ate` 10 4 Q C_tj
DESCRIPTION, OF PROPERTY Pursuing LEED& Certification? B YES 0 NO
Street Address 3 '5 0 A5 k d 9,3- 5 2-, 0
Assessor's Mal) No, 39 1 F Tax Lot(s)
Zoning CompPlanDesignation
APPLICANT
Name J-0 kv\ E-Mail YOAV� co e L6 - v I 'V�_ 9
City
/A
Address 1-160 F-e-f-twood �r. k_S L4
zip 2-0
PROPERTY OWNER
Name 140,r-V(Vk MaAl Phone 510 — 50 - 3 EN E-Mail /W 0-r-V 5t-A (,Vk o
- ( - — x a 0
Address 90 6 1) e) r\ ck City CA zip I q —,ko
SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER,
Tifle Name Phone E-Maii
Address City Zip
Titer; Name Phone E-Mail
Address City Zip
I hereby certify Mal the slateolentsmarl infounallon conhwned in Illis qPIXicatioll, inckidilly the enclosed draktYq]s and the requited ArOings of tod, ale for 711 respects,
Ilue.and colfect must b0shown 0111110d1m0ags and visible upoirthe silvinspr '-Lion. In the event the pins are /lot shows offfick
torNlon found In tv ificorfect, Ille owner assumes fvllfpsponsibffi�y, / filithet'undefskind thdi if 1hi5 fequesf is subsequently conlestod the burden well be on me to
establi5h..
1) that 1/)r(x1ucvd sufficient Mclva/ evIdetwe at the hewfiqq to support Ibis fequost
2) f1rallhe finfhn�(15 fire, gmnjhfaq ref the to, fivest,
3) that the r1ndilqs of Pict furnish0by flip are XIVIJUdla' df?d filf1her
4) that ,all sifucliffes (if illilmovements aro f)rqjx*11)? 10clied on the groulkl.
Falture in this fegard x0resull nia-sl fikely in nol only the fequest b0h�') scl ilsida, but X50 1)0556ly ill lily stfuclurcs being built in reliance Illereoll be#cf tcNIAred to
;j h en) (I I lily expe f dent r 0 i na���and llx�v lV �ivubtmn advised to seek comp , p of ss o I a I
pplic'a-Ws Signature Date
AlcantVs S�j
As ovief ofthopropeitylrivolvedin thisfequest, Iliavo feed aidunder stoo(Ithe complete applicatOn and#5 consequetices to me d5 c7goperty
owiler.
Property Owner's Signature (required) Date
I f 6, 1 x, r m,;,t rN by Coy Y '111
Date Received Zoning Permit Type
v1:1.1 111".)
Filing Fee
k)t I OVER 00
6 commdo4lmninglof
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)
❑ LEEDO 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 LEER® 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 38 days from application date in accordance
with ORS 227.178.
The first fifteen COMPLETE applications submitted are processed at the next available Planning Commission
meeting. (Planning Commission meetings include the Hearings Board, which meets at 1:30 pm, or the full Planning Commission, which
meets at 7:00 pm on the second Tuesday of each month. Meetings are held at the City Council Chambers at 1175 East 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.
Gicomro<iev'�ianning a[ma&ilmdouls7mingPcmulApplicasioa.doc
Zoning Permit Application - narrative docu�mentation, drawings, images
October 2nd, 2019
Submitted by: John Schinnerer
ohn@-eco-living-net
510-982-1334 or 541-708-0766
This document (with images in color), may be viewed online at https://tinyuri.gQin/35()Kearnev on n
This application is for creation of an ARU at 350 Kearney St. in Ashland. This lot is .22 acres in size, 70 ft.
wide and 140 ft. deep. Vicinity and Planning maps attached.
The property is owned by my parents, Marvin and Mary Schinnerer. I am managing the rental and
development of the property for them.
The existing zoning is R-1 -7.5. The lot contains an existing single family dwelling on two levels.
The upstairs, which: is at grade on the west (street) and south sides, and above grade on the east and north
sides, contains three bedrooms, and two full baths.
The downstairs, which is below grade on the west (street) and south sides, and above grade on the east and
north sides, contains an existing full bath. In addition, a portion of the remaining area on the lower level is
enclosed finished space identified on drawings provided by previous owners as "finished office or guest room."
The remainder of the lower level area, is identified as "shop/storage" and includes a laundry area, mechanical
and storage area containing hot water heaters and shelving, and additional space that is unfinished or partly
finished.
* No expansion of the existing:, building footprint is proposed.
* (18.4.3.090) The entrance to the ARU will be on the east side of the structure's lower level. It will be
accessed from the street via a pedestrian walkway through the side yard along the north side of the
structure and into the back yard - see attached Planning map with annotations, and Picture 1 below
showing rear/west elevation as seen from back yard. Access via north side yard is to the right in this
picture.
* The existing 8 ft. sliding glass door (see Picture 1 below) on the east wall of the lower level will be
replaced by a standard exterior entry door.
* (18.4.4.030.G.1) Recyclelrefu�se containers will have storage space in the north side yard, screened
from the street and neighboring property by existing fences - see attached Planning map with
annotations.
(18.4.3.070) At least one sheltered bicycle parking space for use by the ARU tenant will be available in
the south half of the garage - see attached Planning map with annotations. Additionally, there is space
for indoor bicycle storage inside the ARU in the area marked "Utility/Storage" in IIure 2 below
R,
0 CT' 02 20
Uty olf Ashbr-d
Picture, I - rear elevation showing existing downstairs entry, to be converted to ARU entry
The upstairs will become the entire primary residence.
Per current Jackson county records, the upstairs consists of a total of 1518 sq. ft. - the original structure at
1284 sq. ft. and an added sunroorn (listed as "enclosed porch, patio, deck") at 234 sq. ft. These figures are
from this record: https://apps.jacksoncountv.ora/01S/Improvement/10074047/2019/4353/R
Per relevant planning regulations the ARU can be no more than half the square footage of the primary
residence. In this case that means a maximum square footage for the ARU of 759 sq. ft.
For planning purposes the raw square footage of the lower level is 1064 square feet (per Jackson county
document above). We will not be using the entire lower level square footage for the ARU - this would not be
allowed in any case as it is more than half the primary dwelling square footage. At least 305 sq. ft. of the
downstairs raw square footage must be excluded from the ARU.
In order to meet the planning department requirements in this regard, we will enclose 307 sq. ft. of the lower
level for separate mechanical storage space, and provide, a dedicated exterior entrance as the only access
to that portion of the lower level (see Figure I - ARU and Mechanical/Storage space separation, below). This
leaves 757 sq. ft. for the ARU dwelling space.
Parking
Per relevant planning regulations, one additional parking space is required for an ARU under 800 square feet.
We will be requesting one on -street parking credit to cover the ARU parking requirement. Street parking usage
on this section of Kearney is generally low and the lot has sufficient curb frontage for at �tz 71,115) t
parking location.
OCT 0 2 2(Y19,
City of Ashlard
p;
Figure 1 - ARID and Mechanical/Storage space separation
OCT 0 2 2019
City of AsWw �d
N
it
Figure 2 - draft design forARU space utilization
RECEIVED
OCT 0 2 2019
k yard
J entry door
8/20/2019 350 Kearney St - Google Maps
iv, laus 350 Kearney St
4
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135' QI Keumey S-treet
Map data C2019 100 ft-i
Vicinity ma-% — 350'Kearney Street — ARU creat-Ion
P
Property owners: Marvin and Mary Schinnerer fth
906 Pomona Avenue
Albany, CA 94706 Date Printed: 1012/2019
https://www.googIe.com/maps/place/350+Kearney+5t,+Ashland,+OR+97520/@42.1885615,-122,7070012,1Bz/data=!4m5l3m4!1sOx54cfOca86Of4003d:0x8851be3baea44dccl. 1/1
space ava
iroperry by
in side yard.
in fences.
-
---------- ------- ------------- - - - - -- ----- --
Pedestrian access from street to
ti ARI.J entrance via north side yard.
WAR
350
70 ft 0.22 acres
Bicycle storage for ARU
In south side of garage. Property boundary line
140 ft
. ... .... . . . . . . .. ....... .................. . .....
960
RECEIVE
OCT 02 20TINJ
City of Ashland Add5ess base'
LAW 6o,uBna
Wa
A City of Ash na
I
North 1 inch = 30 feet
Date Printed: 10/2/2019
City of Ashland
Community Development Department
51 Winburn Way
Ashland, OR 97620
Telephone: 541-488-5305
Inspection Line: 541-552-20801
PERMIT NUM13ER
PA-TI-2019-00076
[4pply Date: 1012/2019
Plan Type: Type I Planning Action
Work Class: Type I Planning Action
Mal) & Tax Lot Property Address
391 E09DC3400 350 Kearney St
Owner Information
Applicant Information
Owner: Marvin & Mary Schinnerer
Applicant:
John Schinnerer
Owner 350 Kearney St
Applicant
400 Fernwood Dr
Address: Ashland, OR 975,20
Address:
Ashland, OR 97520
Phone: (510) 524-3774
Phone:
(544),10"760—
Project Description
Site design review for ARID
Fees
Fee Description:
Amount:
Accessory Residential Unit (Type 1)
$710,00
I I I � z'
Applicant:("
Date°
I Total: Fees: 1 $71 O.0�