HomeMy WebLinkAboutHillview_968_PA-T1-2019-00061CITY OF
ASH LAN D
June
Notice of Final Decision
On June 18, 2019, the Community Development Director approved the request for the following:
Planning Action: PA-TI-2019-00061
Subject Property: 968 Hillview Drive
Applicant: Laws Rev Living Trust / John Harpster
Description: A request for Site Design Review approval for a one-story, 716 square -
foot Accessory Residential Unit at the northeast corner of the property. COMPREHENSIVE
PLAN DESIGNATION: Single Family Residential; ZONING: R- 1-7.5; ASSESSOR'S MAP #:
391E15AD; TAX LOT: 2301,
The Community Development Director's decision becomes final and is effective on the 12°i day
after the Notice of Final Decision is mailed. Approval is valid for a period of 18 months and all
conditions of approval identified on the attached Findings are required to be met prior to project
completion.
The application, all associated documents and evidence submitted, and the applicable criteria are
available for review at the Ashland Community Development Department, located at 51
Winburn Way. Copies of file documents can be requested and are charged based on the City of
Ashland copy fee schedule.
Prior to the final decision date, anyone who was mailed this Notice of Final Decision may
request a reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO)
18.5.1.050(F) and/or file an appeal to the Ashland Planning Commission as provided in ALUO
18.5.1.050(G). The ALUO sections covering reconsideration and appeal procedures are attached,
The appeal may not be made directly to the Oregon Land Use Board of Appeals.
If you have any questions regarding this decision, please contact Fotini Kaufman in the
Community Development Department at (541) 488-5305.
cc: Parties of record and property owners within 200 ft.
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 5414188-5305
51 Winbum Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
ww%v.ash,Iaind.or.us
SECTION 18.5.1.050 Type I Procedure (Administrative Decision with Notice)
E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to
subsection 18.5.1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision.
F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below.
1. Any party entitled to notice of the planning action, or any City department may request reconsideration of the action
after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no
fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision.
Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence
during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity
to respond to the issue prior to making a decision.
2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall
decide within three days whether to reconsider the matter.
3. If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the
decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse
the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any
party entitled to notice of the planning action.
4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the
reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration.
G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following:
1. Who May Appeal. The following persons have standing to appeal a Type I decision.
a. The applicant or owner of the subject property.
b. Any person who is entitled to written notice of the Type I decision pursuant to subsection
18.5.1.050.13.
c. Any other person who participated in the proceeding by submitting written comments an the application to the
City by the specified deadline.
2. Appeal Piling Procedure.
a. Notice of Appeal, Any person with standing to appeal, as provided in subsection 18.5.1.050.G.1, above, may
appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of this
subsection. The fee required in this section shall not apply to appeals made by neighborhood or community
organizations recognized by the City and whose boundaries include the site. If an appellant prevails at the hearing
or upon subsequent appeal, the fee for the initial hearing shall be refunded.
b. Time for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of
decision is mailed.
C. Content of Notice ofAppeal. The notice of appeal shall be accompanied by the required filing fee and shall contain.
i. An identification of the decision being appealed, including the 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 continent 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 11 public hearing procedures,
pursuant to section 18.5.1.060, subsections A — E, except that the decision of the Planning Commission is the final
decision of 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 band Use Board of
Appeals, pursuant to ORS 197.805 - 197.860.
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800.735-2900
www.asliland.or.us IAA
ASHLAND PLANNING DEPARTMENT
FINDINGS & ORDERS
PLANNING ACTION: PA-T1-2019-00061
SUBJECT PROPERTY: 968 Hillview Drive
OWNERSIAPPLICANTS: John Harpster/Sharon Laws
DESCRIPTION: A request for Site Design Review approval for a one-story, 716 square -foot
Accessory Residential Unit at the northeast corner of the property.
COMPREHENSIVE PLAN DESIGNATION: Low Density, Multi -Family Residential; ZONING: R-
2; ASSESSOR'S MAP: 39 lE 15AD; TAX LOT: 2301
,SUBMITTAL DATE:
May 14, 2019
DEEMED COMPLETE DATE:
May 28, 2019
STAFF APPROVAL DATE:
June 18, 2019
DEADLINE TO APPEAL (4:30 p.m.):
July 1, 2019
FINAL DECISION DATE:
July 2, 2019
APPROVAL EXPIRATION DATE:
January 2, 2021
DECISION
The proposal is to construct a new 716 square foot Accessory Residential Unit at the northeast corner of
the property.
The subject property is a rectangular lot located on the east side of Hillview Drive across from the
intersection of Ross Lane and Hillview Drive. The surrounding neighborhood is comprised of single-
family homes and Our Lady of the Mountain Catholic Church is located across the street. The subject
property is zoned Single -Family Residential (R-1-7.5). The zoning to the north, south and east of the
subject property is R-1-7.5 as well. The zoning to the west is Single -Family Residential (R-1-10).
The subject property is 0.24 acres or 10,440 square -feet, The existing primary residence is a 1,436 square -
foot residence built in the mid -eighties. The property is fully landscaped. The property conforms to base
zone requirements including lot coverage and setbacks. The number of dwelling units does not exceed
two and only one accessory residential unit is allowed and proposed. The unit is 716 square -feet and less
than 50-percent of the gross habitable floor area of the house.
The application for lot with an accessory residential unit less than 800 square feet and a single-family
home requires three automobile parking spaces. The application demonstrates that two of these parking
spaces can be provided in the garage and one space is requested as an on -street credit. There is ample
parking available in the vicinity of the property and the location of a fire hydrant immediately adjacent to
the driveway prevents the driveway from expanding to accommodate additional parking on -site. The
bicycle parking is proposed under the covered entry area of the ARU --- a condition has been added to
ensure the bicycle parking meets the standards of AMC 18.4.3.070.
The ARU is oriented to the street and connected via pathway to the front of the property. No parking is
proposed between the primary entrance and the street. The paint colors were not included in the
application, but a condition has been added to ensure the standards of AMC 18.4.2.030.E are met. A
PA-T 1-2019-00061
968 Hillview Dr/1k
Page 1
recycling/refuse area was shown on the site plan and should include screening per 18.4.4.030.G.1.
The application includes a tree protection plan that will provide tree protection fencing around trees to the
north and south of the proposed ARU and around the dripline area of trees on the neighboring property.
The existing landscaping is proposed to remain and new landscaping will be included around the site of
the ARU. The landscaping proposed meets the standards of 18.4.4.030.0 and 18.3. 10. 100.
The approval criteria include a requirement that paved access and adequate transportation facilities can
and will be provided. In this instance, Hillview Drive is a neighborhood street with paving, curbs and
gutters in place, but sidewalks are lacking along the subject property's frontage. A condition of approval
has been included to require that the applicants sign in favor of future sidewalk improvements and agree
to participate proportionally in the cost of their installation if and when a future local improvement district
is formed for Hillview Drive.
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.
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.
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.
PA-T1-2019-00061
968 Hiliview Dr/fk
Page 2
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 18A 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 minimum which would alleviate the difficulty.; or
2. There is no demonstrable difficulty in meeting the specific requirements, but granting the exception
will result in a design that equally or better achieves the stated purpose of the Site Development and
Design Standards.
In staff s assessment, the application with the attached conditions complies with applicable ordinances
and meets all required criteria.
Planning Action #T1-2018-00061 is approved with the following conditions. Further, if any one or more
of the following conditions are found to be invalid for any reason whatsoever, then Planning Action #T1-
2018-00061 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, including that a residential fire sprinkler system shall be installed in the Accessory
PA-T 1-2019-00061
968 Hillview Drlfk
Page 3
Residential Unit as proposed by the applicants.
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 property owners shall sign in favor of a local improvement district for the future street
improvements of Hillview Drive, including but not limited to paving, storm drainage, curbs,
gutters, park row planting strips, and sidewalks prior to the issuance of a building permit.
4) That the plans submitted for the building pen -nit 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)1(0.445 + Slope) = Required Solar Setback]
and elevations or cross section drawings clearly identifying the highest shadow producing
point(s) and the height(s) from natural grade.
c. Building materials and paint colors that are compatible with the surrounding area in
accordance with 18.4.2.030.E.
5) That storm water fiom 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.
6) That a Tree Verification Permit shall be applied for and approved by the Ashland Planning
Division prior to site work, tree removal, staging or storage of materials. The Verification Permit
is to inspect the identification of the trees to be removed and the installation of tree protection
fencing for the trees on and adjacent to the site to be protected. The tree protection shall be chain
link fencing six feet tall and installed in accordance with 18.4.5.030.
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 landscaping, hardscaping and irrigation, shall be installed according to the approved
plan, inspected and approved by the Staff Advisor.
ity Development Director
YA 11-2019-00061
96814illview Drlfk
Page 4
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 6/18/19 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-T1-2019-00061, 968 Hillview.
Signature of Employee
D urr,"t5 611"19
-t
PA-T1-2019-00061 391 E15AD 2304
ARVIZO JAMIE J
940 HILLVIEW DR
ASHLAND, OR 97520
PA-T1-2019-00061 391E15AC 1200
DOYLE RONALD
945 HILLVIEW DR
ASHLAND, OR 97520
PA-T1-2019-00061 391 E15DA 3105
HARRIS KRISTA KIJOHN L
1003 BESWICK WAY
ASHLAND, OR 97520
PA-T1-2019-00061 391 E15DA 7600
HOADLEY JERRY M/EILEEN
980 BESWICK WAY
ASHLAND, OR 97520
PA-T 1 -2019-00061391 E15AD 5300
JOHNSON JOHN A/KATHARINE A
967 BESWICK WAY
ASHLAND, OR 97520
PA-T1-2019-00061 391E15AD 5200
BRANDY LUKE/ERIN
955 BESWICK WAY
ASHLAND, OR 97520
PA-T1-2019-00061 391 E15DA 3200
FASCILLA GINA TRUSTEE ET AL
4240 MENLO AVE 3
SAN DIEGO, CA 92115
PA-T1-2019-00061 391E15AD 5000
HART LINDSEY
PO BOX 1981
WILLITS, CA 95490
PA-T1-2019-00061 391E15AD 2500
HOADLEY LLOYD A TRUSTEE ET AL
981 PARK ST
ASHLAND, OR 97520
PA-T1-2019-00061 391 E15DA 3104
KING BETHANY L
1070 BESWICK WAY
ASHLAND, OR 97520
PA-T1-2019-00061 391 E15AD 5100 PA-T1-2019-00061 391 E15DA 3106
LIGHTHART ROGER 0 TRUSTEE ET AL MOHATT JAMES R TRUSTEE ET AL
941 BESWICK WAY 7100 ADAMS RD
ASHLAND, OR 97520 TALENT, OR 97540
PA-T 1-2019-00061 391 E 15 DB 100
OUR LADY OF THE MOUNTAIN
CATHOLIC CHURCH
987 HILLVIEW DR
ASHLAND, OR 97520
PA-T1-2019-00061 391E15AC 1000
SELLMAN ROBERT W/SELLMAN
CHRISTINE A
899 HILLVIEW DR
ASHLAND, OR 97520
PA-T1-2019-00061 391 E 15DA 3109
DORSEY CHARLOTTE MARY TRUSTEE
988 HILLVIEW DR
ASHLAND, OR 97520
PA-T1-2019-00061 391 E15DA 3107
GIFFONI SAVERIO FNILMA R
1805 PEACHEY RD
ASHLAND, OR 97520
PA-T1-2019-00061 391 E15AD 2303
HILLENGA MARK A TRUSTEE ET AL
1480 CREEKVIEW LN
SANTA CRUZ, CA 95062
PA-T1-2019-00061 391 E15AD 2302
JOHNSON JERRY TRUSTEE ET AL
958 HILLVIEW DR
ASHLAND, OR 97520
PA-T1-2019-00061 39IE15AD 2301
LAWS DON TRUSTEE ET AL
968 HILLVIEW DR
ASHLAND, OR 97520
PA-T1-2019-00061 39IE15AC 1300
MOLAHAN KENNETH J TRUSTEE ET AL
PO BOX 183
MEDFORD, OR 97501
PA-T1-2019-00061 391E15DA 3108
UMPLEBY MIRIAM J TRSTEE FBO ET AL
1012 HILLVIEW DR
ASHLAND, OR 97520
PA-T1-2019-00061 391E15AC 1100 PA-T1-2019-00061 PA-T1-2019-00061
WHITE JAMES R TRUSTEE ET AL JOHN HARPSTER KEN CAIRN LANSCAPE DESIGN
939 HILLVIEW DR 648 PARK 545 A STREET, STE, 3
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
968 Hlllvlew
NOD 6/18/19
24
PA-T1-2019-00061 391 E15AD 2304
ARVIZO JAMIE J
940 HILLVIEW DR
ASHLAND, OR 97520
PA-T1-2019-00061 391E15AC 1200
DOYLE RONALD
945 HILLVIEW DR
ASHLAND, OR 97520
PA-T1-2019-00061 391 E15DA 3105
HARRIS KRISTA KIJOHN L
1003 BESWICK WAY
ASHLAND, OR 97520
PA-T1-2019-00061 391 E15DA 7600
HOADLEY JERRY M/EILEEN
980 BESWICK WAY
ASHLAND, OR 97520
PA-T 1 -2019-00061391 E15AD 5300
JOHNSON JOHN A/KATHARINE A
967 BESWICK WAY
ASHLAND, OR 97520
PA-T1-2019-00061 391E15AD 5200
BRANDY LUKE/ERIN
955 BESWICK WAY
ASHLAND, OR 97520
PA-T1-2019-00061 391 E15DA 3200
FASCILLA GINA TRUSTEE ET AL
4240 MENLO AVE 3
SAN DIEGO, CA 92115
PA-T1-2019-00061 391E15AD 5000
HART LINDSEY
PO BOX 1981
WILLITS, CA 95490
PA-T1-2019-00061 391E15AD 2500
HOADLEY LLOYD A TRUSTEE ET AL
981 PARK ST
ASHLAND, OR 97520
PA-T1-2019-00061 391 E15DA 3104
KING BETHANY L
1070 BESWICK WAY
ASHLAND, OR 97520
PA-T1-2019-00061 391 E15AD 5100 PA-T1-2019-00061 391 E15DA 3106
LIGHTHART ROGER 0 TRUSTEE ET AL MOHATT JAMES R TRUSTEE ET AL
941 BESWICK WAY 7100 ADAMS RD
ASHLAND, OR 97520 TALENT, OR 97540
PA-T 1-2019-00061 391 E 15 DB 100
OUR LADY OF THE MOUNTAIN
CATHOLIC CHURCH
987 HILLVIEW DR
ASHLAND, OR 97520
PA-T1-2019-00061 391E15AC 1000
SELLMAN ROBERT W/SELLMAN
CHRISTINE A
899 HILLVIEW DR
ASHLAND, OR 97520
PA-T1-2019-00061 391 E 15DA 3109
DORSEY CHARLOTTE MARY TRUSTEE
988 HILLVIEW DR
ASHLAND, OR 97520
PA-T1-2019-00061 391 E15DA 3107
GIFFONI SAVERIO FNILMA R
1805 PEACHEY RD
ASHLAND, OR 97520
PA-T1-2019-00061 391 E15AD 2303
HILLENGA MARK A TRUSTEE ET AL
1480 CREEKVIEW LN
SANTA CRUZ, CA 95062
PA-T1-2019-00061 391 E15AD 2302
JOHNSON JERRY TRUSTEE ET AL
958 HILLVIEW DR
ASHLAND, OR 97520
PA-T1-2019-00061 39IE15AD 2301
LAWS DON TRUSTEE ET AL
968 HILLVIEW DR
ASHLAND, OR 97520
PA-T1-2019-00061 39IE15AC 1300
MOLAHAN KENNETH J TRUSTEE ET AL
PO BOX 183
MEDFORD, OR 97501
PA-T1-2019-00061 391E15DA 3108
UMPLEBY MIRIAM J TRSTEE FBO ET AL
1012 HILLVIEW DR
ASHLAND, OR 97520
PA-T1-2019-00061 391E15AC 1100 PA-T1-2019-00061 PA-T1-2019-00061
WHITE JAMES R TRUSTEE ET AL JOHN HARPSTER KEN CAIRN LANSCAPE DESIGN
939 HILLVIEW DR 648 PARK 545 A STREET, STE, 3
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
968 Hlllvlew
NOD 6/18/19
24
Planning Department, 51 Winburn WT
Way, Ashland, Oregon 97520 CIY �OF
pry 541-488-5305 Fax:541-552-2050 www.ashland.orms TTY:1-800-735-2900 -ASHLAND
rel 151 ac ail a a T W., W 57.
PLANNING ACTION: PA-T1-2019-00061
SUBJECT PROPERTY: 968 Hillview Drive
OWNER/APPLICANT: Laws Rev Living Trust / John Harpster
DESCRIPTION: A request for Site Design Review approval for a one-story, 716 square -foot Accessory Residential
Unit at the northeast corner of the property. COMPREHENSIVE PLAN DESIGNATION: Single Family
Residential; ZONING: R- 1-7,5; ASSESSOR'S MAP #: 391, El 5AD; TAX LOT: 2301
NOTICE OF COMPLETE APPLICATION: May 28,2019
DEADLINE FOR SUBMISSION OF WRITTEN, COMMENTS: June 11, 2019
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 cornments to the City of Ashland Planning Division, 51 Winburn Way, Ashland,
Oregon 97520 prior to 4:30 p.m. on the deadline date shown above,
Ashland Planning Division Staff determine if a Land Use application is complete within 30 (Jays of submittal. Upon determination of completeness, a notice is sent to
surrounding properties within 200 feet of the property submiffing application which allows for a 14 day comment period. After the comment period and not more than
45 days from the application being deerned 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 appea,l to the Planning Commission of the Planning Division Staffs decision must be made in writing to the Ashland Planning
Division within 12 days from the date of the mailing of final decision. (AMC M5,1,050,6)
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, by letter,
or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes Your right of appeal to the Land Use Board of
Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion, Failure
of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the
issue precludes an action for damages in circuit court,
A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at
reasonable cost, if requested, All materials are available at the Ashland Planning Division, Community Development & Engineering Services Building, 51 Winburn Way,
Ashland, Oregon 97520.
if You have questions or cornments concerning this request, please feel free to contact Fotini Kaufman at 541-488-5305,
G \coriiiii.devkp4,inningUIaiiniiig Acfions\Noticing FOWOA failed Notices & Sign&\2019TA-T I -2019-00061.doex
SITE DESIGN AND USE STANDARDS
18,51050
The following criteria shall be used to approve or deny an application:
A. Underlying Zone: The proposal complies with all of the applicable provisions of the underlying zone (part 18.2), including but not limited to: building and
yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable
standards.
B. Overlay Zones: The proposal compiles 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 118.4, 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 DesCyn Standards. The approval authority may approve exceptions to the Site Development and Design
Standards of part 18A 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 18.5.2 and are not permitted outright under this subsection.
2. The accessory residential unit meets all of the requirements of the applicable zone in subsections 18.2.3.040,13, 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 (0,, 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 18A.3,080,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.
K R-11 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 11841-0.8-0,EA
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,B, 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 18.2.3.040.8.
F. NM Zones. Accessory residential Units in the North Mountain Neighborhood NIVI zones under chapter 18.3.5 shall meet the standards in subsection
18.2.3.040.B, except that the maximum gross, habitable floor area (GHFA) of the accessory residential Unit Must not exceed 750 square feet GHFA and that
second story accessory residential Units constructed above a detached accessory building must not exceed 500 square feet GHFA.
(,:lcoiiiiii-de%,Vpiwitiiiig\Piann'ng AcfionslNloficing Folde&Mailed Noficcs,& 5ignOOMPA-TI-2019-0900 dom
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.
1111111 11 11
111 1 1111l 1 1 jp��1111 IIIIIIIIIII
1 1, 11110; � - 0 0 IMMM1010 EMI rZT.-M W-6
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 pe,rson's name for Planning Action #PA-T1-2019-00061, 968 Hillview Dr.
Signature of Employee
DocumnQ 5120019
PA-T1-2019-00061 391E15AD 2304 PA-T1-2019-00061 391E15AD 5200 PA-T1-2019-00061 391E15DA 3109
ARVIZO JAMIE J BRANDY LUKEIERIN DORSEY CHARLOTTE MARY TRUSTEE
940 HILLVIEW DR 955 BESWICK WAY ET AL
ASHLAND, OR 97520 ASHLAND, OR 97520 988 HILLVIEW DR
ASHLAND, OR 97520
PA-T1-2019-00061 391 E15AC 1200 PA-T1-2019-00061 391 E15DA 3200 PA-T1-2019-00061 391 E15DA 3107
DOYLE RONALD FASCILLA GINA TRUSTEE ET AL GIFFONI SAVERIO FNILMA R
945 HILLVIEW DR 4240 MENLO AVE 3 1805 PEACHEY RD
ASHLAND, OR 97520 SAN DIEGO, CA 92115 ASHLAND, OR 97520
PA-T1-2019-00061391El5DA3105 PA-T1-2019-00061391E15AD5000 PA-T1-2019-00061391E15AD2303
HARRIS KRISTA KIJOHN L HART LINDSEY HILLENGA MARK A TRUSTEE ET AL
1003 BESWICK WAY PO BOX 1981 1480 CREEKVIEW LN
ASHLAND, OR 97520 WILLITS, CA 95490 SANTA CRUZ, CA 95062
PA-T1-2019-00061 391E15DA 7600 PA-T1-2019-00061 391E15AD 2500 PA-T1-2019-00061 391E15AD 2302
HOADLEY JERRY MIEILEEN HOADLEY LLOYD A TRUSTEE ET AL JOHNSON JERRY TRUSTEE ET AL
980 BESWICK WAY 981 PARK ST 958 HILLVIEW DR
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2019-00061 39IE15AD 5300 PA-T1-2019-00061 391E15DA 3104 PA-T1-2019-00061 391EI5AD 2301
JOHNSON JOHN AIKATHARINE A KING BETHANY L LAWS DON TRUSTEE ET AL
967 BESWICK WAY 1070 BESWICK WAY 968 HILLVIEW DR
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2019-00061 39IE15AD5100 PA-T1-2019-00061 391E15DA3106 PA-T1-2019-00061 391E15AC 1300
LIGHTHART ROGER 0 TRUSTEE ET AL MOHATT JAMES R TRUSTEE ET AL MOLAHAN KENNETH J TRUSTEE ET AL
941 BESWICK WAY 7100 ADAMS RD PO BOX 183
ASHLAND, OR 97520 TALENT, OR 97540 MEDFORD, OR 97501
PA-T1-2019-00061 391E15DB 100 PA-T1-2019-00061391E15AC 1000 PA-T1-2019-00061 391E15DA3108
OUR LADY OF THE MOUNTAIN SELLMAN ROBERT W/SELLMAN UMPLEBY MIRIAM J TRSTEE FBO ET AL
CATHOLIC CHURCH CHRISTINE A 1012 HILLVIEW DR
987 HILLVIEW DR 899 HILLVIEW DR ASHLAND, OR 97520
ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2019-00061 391E15AC 1100 PA-T1-2019-00061 968 Hillview Dr
WHITE JAMES R TRUSTEE ET AL HARPSTER, JOHN 5I28119 NOC
939 HILLVIEW DR 648 PARK ST 24
ASHLAND, OR 97520 ASHLAND, OR 97520
TWO
Planning Division
CITY OF 51 Winburn Way, Ashland OR 97520
ASHLAND 541-488-5305 Fax 541-488-6006
IWAM
Street Address
Pursuing LEED@ Certification? El YES El NO
2
Assessor's Map No. 39 1 E —e-E z _�;7 . Tax Lot(s) Z42 z
Zoning t Comp Plan Designation
APPLICANT
Name Phonof,4�� — '-r--Mail,/ -A V, aW2
00
Address -city G zip
PROPERTY OWNER
Name Phone�. Mail
Address 0 city i p
SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER
J-0, X h I
Titler.'W'o'ez me Phorgfe
-7
Address Z, city Aizll,."a zip 9!4 5—ze)
Titlo.h/", 11P4,10MAame ZA,442/t/_ Phone t-'r," V1 AW E-Mail
Address city Zip ZR'�Zo
I hereby certify that the staternents and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects,
true and correct, I understand that afl 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 responsibilityy. I further understand that if this request is subsequently contested, the burden will be on me to
establish:
1) that I produced sufficient factual evidence at the heating to support this request;
2) that the findings of fact furnishedjustifies 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 properly located on the ground.
Failure in this regard will result most likel in not only the request being set aside, but also possibly in my structures being built jr? reliance thereon being required to
be removed at n7y m so hydbt, I doubts, 9m advised to seek competent professional advice and assi nce,
poy
�ppplic is 9tgnature Date
As owner of the properly involved in this request, I have read and understood the complete application and its consequences to me as a property
owner.
0 5 119
Property Owner's Signature (required) Date
[To be completed by 0ty Staff] 4
Date Received Zoning Permit TypeL Filing Fee
OVER 0
Q Lminm-de0plwmingTorms & Handowsl7vning, Permit Applicatioft doe
❑'`APPLICATION FORM must be completed and signed by both applicant and property owner.
E3/ 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 1 1"xl 7". Include site plan, building elevations, parking and landscape
details. (Optional — 1 additional large set of plans, 2'x3', to use, in meetings)
FEE (Check, Charge or Cash,)
❑ LEED@ CERTIFICATION (optional) —Applicant's wishing to receive priority planning action processing shall
provide the following documentation with the application demonstrating the completion of the following steps:
• Hiring and retaining a LEEDO Accredited Professional as part of the project team throughout design and
construction of the project; and
• The LEED(D checklist indicating the credits that will be pursued.
[kTOY14
• Applications are accepted on a first come, first served basis.
• Applications will not be accepted without a complete application form signed by the applicant(s) AND property
owner(s), all required materials and full payment.
• All applications received are reviewed for completeness by staff within 30 days from application date in accordance
with ORS 227,178.
• The first fifteen COMPLETE applications submitted are processed at the next available Planning Commission
Meeting. (Planning Commission meetings include the Hearings Board, which meets at 1:30 pm, or the full Planning Commission, which
meets at 7:00 pm on the second Tuesday of each month. Meetings are held at the City Council Chambers at 1175 East 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.
Gkomrn,dev%planninfforms & HandowsVoning Penrit Application doc
Application Submittal- ARU
968 Hillview Drive
Ashland, OR 97520
Owners
Don, and Sharon Laws Rev. Liv. Trust
Sharon Laws
968 Hillvi:ew Drive
Ashland, OR 97520
Building Design
John Harpster
648 Park Street
Ashland, OR 97520
80,5 886 8663
Contractor
John Harpster Construction Inc.
648 Park Street
Ashland, OR 97520
Lic. # 174452
805 886 8663
Code Section Required
R-1 sec.18.2.2.030 Base Zones and Allowed Uses- Uses Allowed by Zone
Project Description
This proposal involves the development of a new 1 story 716sq.ft. Accessory Residential Unit at the North Last corner of the
property. All trees on the lot shall be preserved and the trees within 50 ft, of the proposed project will have protective fencing.
Site Conditions
This single- family R-1 zoned property is 0.24 acres in size (10,440 s,f.) and allows one residential unit per lot and one
Accessory Residential Unit following the application of the City of Ashland Site Design Standards.
The existing primary residence was built in 1986, and is 1,436 s.f. and is fully landscaped. Because of the placement of a city
fire hydrant next to the east side of the driveway entrance we are requesting on -street parking for the ARU. The city fire
hydrant blocks the applicant from expanding the driveway entrance to accommodate a third off-street parking space.
18.2.3.040 Accessory Residential Unit
Where accessory residential units are allowed, they are subject to Site Design Review under chapter 18.5.2, and shall meet all
of the following requirements.
A. R-1 Zone. Accessory residential units in the R-1 zone shall meet the following requirements.
1. One accessory residential unit is allowed per lot and the maximum number of dwelling units shaill not exceed two per lot.
Cmnplles
2. Accessory residential units are not subject to the density or minimum lot area requirements of the zone, except that
accessory residential units shall be counted in the density of developments created under the Performance Standards
Option.
Complies
3. The maximum 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,
Complies
4. The proposal shall conform to the overall maximum lot coverage and setback requirements of the underlying zone.
("Orjjpljp 'S' Seu.�
cuts Phau'J forr solar setback.
S. Additional parking shall be provided in conformance with the off-street parking provisions for single- family dwellings in
section 18.4.3,,040.
The prin'mry res'4denc(a has as sMndmd two car garage and two off-street paT Wig spaces on the existirig driveway but we
are requesting ffl)(u paddng space the accessoiry res�deinfl,',fl unit,
M, AY "1 4 62 ("'M R
1,', A 11 11
18.4.3.30 General Automobile Parking Requirements and Exceptions
A. Minimum Number of Off -Street Parking Spaces. Off-street parking shall be provided pursuant to one of the following three
methods and shall include required for a Disabled Person.
BecaUSEc)f the drJty fire hydrants locaflon on the property ft makes lt ln'ipossible to expand the ddveway entrance for a
off -star et 1),',nking space, So we rame requesfing an on street parklng space fc�)r the Accessory Reslcicmflal UnA.
18.4.3.070 Bicycle Parking
A. Applicability and Minimum Requirement. All uses, with the exception of residential units with a garage.
accessory resl&ntW unit. per lflan.
18.4.3.080 Vehicle Area Design
B. Parking Area Design. Required parking areas shall be designed in accordance with the following standards and dimensions
as illustrated in 18.4.3,080.13,
Does not apply, Hease irefer to 1.8 4.030 and SAe Condidons.
7. Landscaping
Does not app£y,
8. Lighting
Pathway lighting fr,, orn d6veway to accessa.')ry residential Lmit will be provided.
M
ty c,',,,,f Ashland
City of Ashland
Community Development Department
51 Winburn Way
Ashland, OR 97520
Telephone: 541-488-5305
Inspection Line: 541-552-2080
Plan Type: Type I Planning Action
Work Class: Type I Planning Action
PERMIT NUMBER:........
PA-T1-2019-00061
Apply Date: 5/14/2019
Ma &:Tax.Lot . "'
Pro e,._ Address
391E15AD2301
968 Hillview Dr
Owner:
Sharon/Don Laws
Owner
968 Hillview Dr
Address:
Ashland, OR 97520
Phone:
(541) 482-1845
Applicant:
John Harpster
Applicant
648 Park St
Address:
Ashland, OR 97520
Phone:
(805) 886-8663
Applicant: Date:
Total Fees: $696,00
---
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