Loading...
HomeMy WebLinkAboutOrange_248_T1-2019-00078CITY OF SHLA D November 25, 2019 Notice of Final Decision On November 25, 2019, the Community Development Director approved the request for the following: Planning Action: PA-T1-2019-00078 Subject Property: 248 Orange Ave Applicant: Thomas Pike Description: A request Site Design Review to convert an existing structure at the near of the property into an Accessory Residential Unit (ARU). There are no proposed changes to the exterior of the building or to the site. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; MAP: 39 lE 04CB; TAX LOT: 1600 The Community Development Director's decision becomes final and is effective on the 12th day after the Notice of Final Decision is mailed. Approval is valid for a period of 18 months and all conditions of approval identified on the attached Findings are required to be met prior to project completion. The application, all associated documents and evidence submitted, and the applicable criteria are available for review at the Ashland Community Development Department, located at 51 Winburn Way. Copies of file documents can be requested and are charged based on the City of Ashland copy fee schedule. Prior to the final decision date, anyone who was mailed this Notice of Final Decision may request a reconsideration of the action as set forth in the Ashland Land Use Ordinance (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: 541488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800.735-2900 L i"vw.ashland.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.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 II 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 decisions on an appeal is final the date the City snails the adopted and signed decision, Appeals of Commnission decisions must be filed with the State Land Use Board of Appeals, pursuant to ORS 197.805 - 197,860, COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541A88-5305 51 Winburn Way Fax; 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 wtivw.ashland.or.us NFAMS ASHLAND PLANNING DEPARTMENT FINDINGS & ORDERS PLANNING ACTION: PA-Tl-2019-00078 SUBJECT PROPERTIES: 248 Orange Ave OWNERIAPPLICANT: Thomas Pike DESCRIPTION: A request Site Design Review to convert an existing structure at the rear of the property into an Accessory Residential Unit (ARU). There are no proposed changes to the exterior of the building or to the site. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; MAP: 39 lE 04CB; TAX LOT: 1600 SUBMITTAL DATE: October 10, 2019 DEEMED COMPLETE DATE: October 24, 2019 STAFF APPROVAL DATE: November 25, 2019 DEADLINE TO APPEAL (4:30 p.m.): December 9, 2019 FINAL DECISION DATE: December 10, 2019 APPROVAL EXPIRATION DATE: June 10, 2021 DECISION The proposal is to convert an existing accessory building into a detached Accessory Residential Unit (ARU). The subject property is located to the east of an unnamed alley on the south side of Orange Ave directly across from the intersection of Drager Street and is located in the R-1-5 zoning district. The property conforms to base zone requirements including lot coverage. The existing accessory building which is currently used as a recreation room is non -conforming with regard to setbacks. The surrounding neighborhood is comprised exclusively of single-family homes and is also zoned R-1-5. The property is 0.31 acres and is developed with a single story single family house constructed in 1912. According to the Jackson County Assessor the main house is 2095 square feet. Accessory Residential Units are required not to exceed 50-percent of the Gross Habitable Floor Area (GHFA) of the primary dwelling with an upper limit of 1000 square feet. The proposed ARU has a GHFA of 480 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 existing home has two off-street parking spaces that are in a stacked configuration. While not meeting current standards these have worked well for the applicant in the past. The submitted site plan indicates a third off-street parking space immediately to the north of the existing accessory structure to be converted. Additionally, the subject property has approximately 80-feet of uninterrupted curb providing enough space for additional on -street parking, although no on -street credit is being requested. Bike parking is proposed in an. existing 120 square foot shed adjacent to the proposed ARU. The application complies with all of the applicable provisions of the R-1-5 zoning district, the PA-TI-2019-00078 248 Orange Aveha Page 1 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 18.6.2.050 as follows: A. Underlying Zone: The proposal complies with all of the applicable provisions of the underlying zone (part 18.2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards. 8. Overlay Zones: The proposal complies with applicable overlay zone requirements (part 18.3). C. Site Development and Design Standards: The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided by subsection E, below. D. City Facilities: The proposal complies with the applicable standards in section 18.4.6 Public Facilities and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property and adequate transportation can and will be provided to the subject property. E. Exception to the Site Development and Design Standards. The approval authority may approve exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in either subsection 1 or 2, below, are found to exist. PA-T1-2019-00078 248 Orange Ave./aa Page 2 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 staffs assessment, the application with the attached conditions complies with applicable ordinances and meets all required criteria. Planning Action #TI-2019-00078 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 #T1-2019-00078 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, underground electric 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 Orange Ave 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. PA-T 1-2019-00078 248 Orange Ave./aa Page 3 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. All landscaping, hardscaping and 'irrigation, shall be installed according to the fap ved plan, inspected and approved by the Staff Advisor. 11- Z5"ze, � Molnar, qommunity Development Director Date PA-T 1-2019-00078 248 Orange AveJaa Page 4 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 25, 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 -2019-00078, 248 Orange Ave, 8�ignature of Employee CAUsafs4sdthda AFNHEUeAtop%AFFIDAVIT OF I.WLING-ds.dm I IY2512019 PA-T1-2019-00078 391 E04CB 2000 PA-T1-2019-00078 391 E04CB 1100 PA-T1-2019-00078 391 E04CB 806 BENSON NEIL A/DIANE M BOOM ANTHONY BRABEC DAVIDIHALL JENNIFER 363 N LAUREL ST 445 N LAUREL ST 440 DRAGER ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2019-00078 391 E04CB 807 COPPEDGE DUNCAN/NATALIE 448 DRAGER ST ASHLAND, OR 97520 PA-T1-2019-00078 391 E04CB 1309 ELTERMAN MARGARET BACON 296 ORANGE AVE ASHLAND, OR 97520 PA-T1-2019-00078 391 E04CB 1308 GILLESPIE IAN ET AL 1389 MILL POND RD ASHLAND, OR 97520 PA-T1-2019-00078 391 E04CB 1400 KOVTUNOVICH MARILYN TTEE 276 ALMOND ST ASHLAND, OR 97520 PA-T1-2019-00078 391 E04CB 1500 LEYDEN GENE KING 265 OHIO ST ASHLAND, OR 97520 PA-T1-2019-00078 391 E04CB 805 NAB JOSEPH TRUSTEE 265 ORANGE AVE ASHLAND, OR 97520 PA-T1-2019-00078 391 E04CB 2001 RALSTON DAVID 369 N LAUREL ST ASHLAND, OR 97520 PA-T1-2019-00078 391 E04CB 1307 CULP VIRGINIA GRAY TTEE 420 FOLIAGE LN SPRINGBORO, OH 45066 PA-T1-2019-00078 391E04CB 1700 FALKNER ELLEN TTEE ET AL 240 ORANGE AVE ASHLAND, OR 97520 PA-T1-2019-00078 391 E04CB 1900 GOTTFRIED HERKIMER/SHIKHA 3920 NW JAMESON DR CORVALLIS, OR 97330 PA-T1-2019-00078391E04CB 1501 LEE HAROLDILINDA 258 ORANGE AVE ASHLAND, OR 97520 PA-T1-2019-00078 391 E04CB 810 MC LEAN BRUCEIDANA PO BOX 1352 ASHLAND, OR 97520 PA-T1-2019-00078 391E04CB 1600 PIKE THOMAS ET AL 248 ORANGE AVE ASHLAND, OR 97520 PA-T1-2019-00078 391 E04CB 1800 SAHLI GARTH W 399 N LAUREL ST ASHLAND, OR 97520 PA-T1-2019-00078 39lE04CB 2101 DANIEL PAUUARIEL LEIGH 215 OHIO ST ASHLAND, OR 97520 PA-T1-2019-00078 391 E04CB 2201 FINNEY ROSSIDENISE 225 OHIO ST ASHLAND, OR 97520 PA-T1-2019-00078 391 E04CB 1311 HESTER GORDON ET AL 276 ORANGE AVE ASHLAND, OR 97520 PA-T 1 -2019-00078 391 E04CB 803 LEVISON PAUL TTEE ET AL 281 ORANGE AVE ASHLAND, OR 97520 PA-T 1 -2019-00078 391 E04CB 1312 MYERS THOMAS & SCHAFFER LAUREN TRUST 275 OHIO ST ASHLAND, OR 97520 PA-T 1 -2019-00078 391 E04CB 1200 PRADO GILLES/DENISE 719 OAK KNOLL DR ASHLAND, OR 97520 PA-T 1 -2019-00078 391 E04CB 2100 SOUZa DARIN ET AL C/O JOAN SOUZA 370 MCBROWN RD PETALUMA, CA 94952 PA-T1-2019-00078 391 E04CB 814 PA-T1-2019-00078 391 E04 C13 1301 11/25/2019 SZELONG MICHAEL TTEE YANG JAMES/LOTTI LYNN 851 BESWICK WAY 272 ORANGE AVE 248 Orange -NOD ASHLAND, OR 97520 ASHLAND, OR 97520 26 11 CITY OF Planning Department, 51 Winbuin Way, Ashland, Oregon 97520 541-488-5305 Fax: 541-552-2050 www,ashland.or.us TTY: 1-800-735-2900 -ASHLAND NOTICE OF APPLICATION PLANNING ACTION: PA-TI-2019-00078 SUBJECT PROPERTY: 248 grange Avenue OWN ER/APPLI CANT: Thomas Pike DESCRIPTION: A request Site Design Review to convert an existing structure at the rear of the property into an Accessory Residential Unit (ARU). There are no proposed changes to the exterior of the building or to the site. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; ASSESSOR'S MAP #: 391, E 04CB; TAX LOT: 1600 NOTICE OF COMPLETE APPLICATION: October 24, 2019 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: November 7,2019 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 comments to the City of Ashland Planning Division, 51 Winburn Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above. Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of compieteness, a notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day cornment period. After the comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staff's decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.5.1.050,G) The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, by fetter, 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. It you have questions or comments concerning this request, please feel free to contact Aaron Anderson at 541-488-5305. ('T:lconini-devNplanninS,Tianiiing ActionsWoficing FoldefkMailed Notices & SigTi5\2019).PA-TI-2019-00078.docx SITE DESIGN AND USE STANDARDS 1&5.2.050 The following criteria shall be used to approve or deny an application: A. Underlying Zone: The proposal complies with all of the applicable provisions of the underlying zone (part 18.2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards. B. Overlay Zones: The proposal complies with applicable overlay zone requirements (part 18,3), C. Site Development and Design Standards; The proposal complies with the applicable Site Development and Design Standards of part 18A, 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, Excepfion to, 117e Stry Dewe1opinent �,"wd Design Stai)darrhs. The approval authority may approve exceptions to the Site Development and Design Standards of part 118A if the circumstances in either 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 Ste 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 -15, RR, NN and NM zones, Accessory residential units in the R-2 and R-3 zones require Site Design Review under chapter 18,5.2 and are not permitted outright under this subsection. 2, The accessory residential unit meets all of the requirements of the applicable zone in subsections 18,23,0403, 0, E and F, below, except as otherwise exempted in subsection 18.2.3.040.A. & 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 18.4.3.080.1) and paving requirements in subsection 18,43,080,1E.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 rninimum, 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 18,43,080B and_paving requirements in subsection 18.43.080.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. I . No on -street parking credits shalt 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 18,23.040,13, 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 Nelghborhood District under chapter 118.3,4 shall rneet the standards in subsection 1821040,13, F. NIVI Zones. Accessory residential units in the North Mountain Neighborhood NM zones under chapter 18,15 shall meet the standards in subsection 18,23,040B, 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. AclionskNwich% FoldetWailed Noices & Signs\2.019'd'A-'1'1-2019-00078,da ,, 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 October 24, 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-T1-2019-00078, 248 Orange Ave. Signature of Employee G.kUserslsmhthdaAFNHDDesktopWFFIOAMT OF IMUNIG_ds.docx 10124/2019 PA-T1-2019-00078 391 E04CB 2000 PA-T1-2019-00078 391 E04CB 1100 PA-T1-2019-00078 391 E04CB 806 BENSON NEIL AIDIANE M BOOM ANTHONY BRABEC DAVID O/HALL JENNIFER C 363 N LAUREL ST 445 N LAUREL ST 440 DRAGER ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2019-00078 391 E04CB 807 PA-T1-2019-00078 391 E04CB 1307 PA-T1-2019-00078 391 E04CB 2101 COPPEDGE DUNCAN LINATALIE H CULP VIRGINIA GRAY TRUSTEE DANIEL PAULIARIEL LEIGH 448 DRAGER ST 420 FOLIAGE LN 215 OHIO ST ASHLAND, OR 97520 SPRINGBORO, OH 45066 ASHLAND, OR 97520 PA-T1-2019-00078 391 E04CB 1309 PA-T1-2019-00078 39IE04CB 1700 PA-T1-2019-00078 391E04CB 2201 ELTERMAN MARGARET BACON FALKNER ELLEN S TRUSTEE FINNEY ROSS/DENISE 296 ORANGE AVE 240 ORANGE AVE 225 OHIO ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2019-00078 391 E04CB 1308 PA-T1-2019-00078 39lE04CB 1900 PA-T1-2019-00078 391 E04CB 1311 GILLESPIE IAN G ET AL GOTTFRIED HERKIMERISHIKHA HESTER GORDON ET AL 1389 MILL POND RD 3920 NW JAMESON DR 276 ORANGE AVE ASHLAND, OR 97520 CORVALLIS, OR 97330 ASHLAND, OR 97520 PA-T1-2019-00078 391 E04CB 1400 PA-T1-2019-00078 391 E04CB 1501 PA-T1-2019-00078 391 E04CB 803 KOVTUNOVICH MARILYN TTEE LEE HAROLD E/LINDA LEVISON PAUL E TRUSTEE 276 ALMOND ST 258 ORANGE AVE 281 ORANGE AVE ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2019-00078 391 E04CB 1500 PA-T1-2019-00078 391 E04CB 810 PA-T1-2019-00078 391 E04CB 1312 LEYDEN GENE KING MC LEAN BRUCE D/DANA L MYERS THOMAS & 265 OHIO ST PO BOX 1352 SCHAFFER LAUREN TRT ET AL ASHLAND, OR 97520 ASHLAND, OR 97520 275 OHIO ST ASHLAND, OR 97520 PA-T1-2019-00078 391 E04CB 805 PA-T1-2019-00078 391 E04CB 1600 PA-T1-2019-00078 391 E04CB 1200 NAB JOSEPH J TRUSTEE PIKE THOMAS ET AL PRADO GILLESIDENISE 265 ORANGE AVE 248 ORANGE AVE 719 OAK KNOLL DR ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2019-00078 391 E04CB 2001 PA-T1-2019-00078 391 E04CB 1800 PA-T1-2019-00078 391 E04CB 2100 RALSTON DAVID SAHLI GARTH W SOUZA DARIN ET AL CIO JOAN SOUZA 369 N LAUREL ST 399 N LAUREL ST 370 MCBROWN RD ASHLAND, OR 97520 ASHLAND, OR 97520 PETALUMA, CA 94952 PA-T1-2019-00078 391 E04CB 814 PA-T1-2019-00078 391 E04CB 1301 October 24, 2019 SZELONG MICHAEL F TRUSTEE YANG JAMESILOTTI LYNN 248 Orange NOC 851 BESWICK WAY 272 ORANGE AVE 26 ASHLAND, OR 97520 ASHLAND, OR 97520 1:750 s inch equals 63 feet Mapping is schematic only and bears no warranty of accuracy. CITY OF 60 30 0 60 120 180 240 All features, structures, facilities, easement or roadway locations -.S H LAN D 0 20 40 80 120 160 =1 0 Feet should be independently field verified for existence and/orlocaffon. Feet 1:750 o rp�l I a C1 TV OF ASHLAND Planning Division 51 Winburn Way, Ashland 011. 97520 541-488-5305 Fax 541-488-6006 DESCRIPTIONOF PROPOTY Street Add ZONING PERMIT APPLICATION FILE # Pursuing LEEDO Codification? 0 YES El NO Assessor's Map No. 391 E Tax Lot(s) fildd Zoning k Comp Plan Designation APPLICANT Name Phone,5qLLZJ1 ��_E.Mail Address city t) IA 1, _W_ zip PROPERTY OWNER Phone S&)l e� _E,Mail Name I Address City SURVEYOR ,ENGINEER , ARCHITECT, LAN 11SCX1_UR_CH_11E_C1,_0THER 91A Title ---Name Phone E-Mail Address City Title --Name Phone E-Mail Zip Address ^ City ­_ Zip I hereby certify that the statements 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 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 me to establish: 1) that I produced sufficient factual evidence at the -,hearing to support this request; 2) that the findings of fact fumishedjuslifies the grenting of the request; 3) that the findings of fact furnished by me are adcquate; and fudhor 4) that all structures or improvements are properly located on the ground. Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to be removed of qy expense. If I have any doubts, I amadvf3ed to seek competent professional advice and assistance. Applicant's Signature Date As owner of (lie property involved it) this request, I h.,,Ve read and understood the complete application and its consequences to me as a property owner, n. AV - Property Owner's Signature (required) Date U01 bo COMMed by CRY S%Nl ZF:;7rnit Type Filing Fee Date ReceivedLf, L - �4 Zoning OVER 0 "o f October 9, 2019 City of Ashland Planning Department Attn: Aaron Anderson 51 Winburn Way Ashland, OR 97520 Subject: 248 Orange Street, Proposed Accessory Residential Unit Thank you for taking the time to review this application. My wife and I are excited to be moving forward with the remodeling of our existing recreation room space to an accessory residential dwelling unit. As illustrated on the site plan, the existing building is within the rear yard of our property at 248 Orange Street. The property is rectangular measuring 100' in width (Orange Street) by 134' in depth (alley side). The original home was built in 1912. No significant natural features are on the property. There are numerous trees, and all are to remain. The existing structure is used as a recreation room and currently includes some plumbing, electric and heat. Additional work will occur to provide added plumbing and sewer facilities. Responses to the criteria as listed in the City's Site Review code, Section 18.2.3.040: B. R- I Zone. Accessory residential units in the R- I 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. In addition to the existing house, only one accessory diielling unit is proposed,for the property. 2. Accessory residential units are not subject to the density or minimum lot area requirements of the zone. Corona es 3. The maximum gross habitable floor area (GIIFA) 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 proposed accessory divelling unit is 480 squai-efieet or- 20% of the priniaiy residence. 4. The proposal shall conform to the overall maximum lot coverage and setback requirements of the underlying zone. The proposed lot coverage is 24% and includes all iniperWous surface areas such as structures, drh,eii,ays and sideii,alks. 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 18.43.080.D. I and 18.4.3.080.D.2 and paving requirements in subsection 18.4.3.080.E. I. There are a total ofsix parking spaces available to the subject properly, including three on - street spaces along Orange Ave, There are also two ivilhin a stacked drNeiiay accessed via Orange Ave. and one space off the Ohio alley adjacent to the proposed accessory diie Iling unit. Responses to the criteria as listed in the City's Site Review code, Section 18.5.2.050: 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 applicants find the proposed accessory diielling unit does comply i0th 18.5.2.050 as the property is zoned R-1-5 (5, 000 sq. fit. inininium lot size) and is 13,400 sq. ft. (30 acres) and could possibly be partitioned into two lots, which we are not proposing at this time. In fact: it would be possible to develop the subject parcel into M,o independent lots, each having individual accessory units, rf ultimately desired. B. Overlay Zones. The proposal complies with applicable overlay zone requirements (part 18.3). The subject property at 248 Orange Sired is not ivithin any Oi,erlay Zones. 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. No exceptions are being requested as related to Subsection E, ofAA4C 18-5.2.050. In regards to Section 18.4. all standards relating to parking, oilentation, landscaping and tree prolection i0ll be inet by the proposed accessory duelling unit. 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. All City' facilities currently exist and extend to and through the ljy*operty and to the subject building. To the best of the aliplicants' knoil,ledge and through discussions i0th City personnel, all s i ich facilities can easily acco n i wodate the pi-o])osed unit. Other (per Pre -application comments): Bike Parking: Bike parking exists in the 120 sq. ft. shed adjacent to the proposed ARU. Roughly six bikes can be stored within the structure, Setbaeks: The subject accessory dwelling structure is setback frorn the side property line by 5' and the rear property line by 6'. According to code, the subject building could be 3' from either property line as long as the structure is 50' from the street and 10' from the residence. In this, case, the accessory dwelling structure is more than 120' from the street and 30' from the primary residence. Outdoor Lighting.- The application meets the City's light standards as all of the existing exterior lights point downward and do not produce any off -site glare. Tree Protection: As noted, no trees are proposed to be removed with this application. Construction staging and storage will occur within the already existing adjacent parking space where the ground is compacted. The new sewer line will connect directly from the accessory dwelling unit to the main line within the adjacent Ohio Alley. Utilities: The applicant will be applying for utility pen -nits which will include plumbing and electric. The plumbing or electric trenching will not impact trees as the water line is pre-existing from the house to the accessory structure. As noted, the sewer line will extend directly to the Ohio Alley from the building. A separate electric panel will be added to sit adjacent to the existing main house panel. If there are additional questions, please do not hesitate to contact me Sincerely, Tom Pike 248 Orange Ave. Ashland, OR 541-227-3124 piketorn 2cinsn.com OCT I () /1'�119 fi 268 dlllefll� A,- 248 Oil Ile- & C((� Y- . OCT J. 211,119 SEP 14 2010 Y A 15 Id by III, City of Ashland 248 Orange City of Ashland N 0 30 60 1 inch = 30 feet Feet Date Printed: 9/7/2018 . .. ... ..... ...... ...... ... ..... f ' r ✓, r{ t i 259 j 1 I i is , 248 61, f �ell, " rf M� i fir' P146 :".: c C,tet �atyo6Astr9an,d 2 Oran . City of Ashland N 0 30 e0 1 inch = 30 feet Feet Date Printed': 9/7/2018 p V orram4ift 1 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-T1-2019-00078 ApplyDate: 1011012019 Ma &Tax Lot Pro a„> Address 391 E04CB1600 248 Orange Av Owner: Thomas Pike Owner 248 Orange Av Address: Ashland, OR 97520 Phone: (541) 227-3124 Convert studio to ARU Applicant: Thomas Pike Applicant 248 Orange Av Address: Ashland, OR 97520 Phone: (541) 227-3124 Fee Description. Amount: Accessory Residential Unit (Typo I ) $710.00 Applicant: Date: Total Fdes $710.00 Aaron Anderson From: tom pike <piketom@msn.com> Sent: Wednesday, October 09, 2019 3:36 PM To: Aaron Anderson Cc: Liz Hamilton Subject: Re: ARU Application for 248 Orange Ave. Attachments: Zoning Permit Application 248 Orange Ave.pdf Aaron, Liz, My apologies for not including the completed zoning permit application. I've attached it to this e-mail. Thank you for your assistance. Sincerely, Tom Pike 541-227-3124 From: Aaron Anderson <aaron.anderson@ashland.or.us> Sent: Wednesday, October 9, 2019 9:55 PM To: piketom@msn.com <piketom@msn.com> Cc: Liz Hamilton <Iiz.hamilton@ashland.or.us> Subject: RE: ARU Application for 248 Orange Ave. Tom, This is only the burden of proof. We also need a completed zoning permit application. It is available as a P©F download at the following link http://www.ashiand.or.us/Files/Zoning%2OPermit%20AI)plication.pdf Please complete the application, and you can either scan it and send it back, or drop it off in person. Liz, As I mentioned we are going to reuse his site plan from the pre -application. Cheers, Aaron Anderson, CFM Assistant Planner City of Ashland, Community Development 51 Winburn Way, Ashland, Oregon 97520 541-552-2052, TTY - 800-735-2900 FAX - 541-552-2050 This email transmission is official business of the City of Ashland , and it is subject to Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at (541) 552-2052. Thank you. 1 From: torn pike <piketom@msn.com> Sent: Wednesday, October 09, 2019 1:58 PM To: Liz Hamilton <liz.hamilton@ashland.or.us> Subject: ARU Application for 248 Orange Ave. Liz, Please find attached my application for an ARU at my home (248 Orange Ave.) Would it be possible for you to contact me to make payment arrangements over the phone? Thank you for your time and assistance with this project. Sincerely, Tom Pike 541-227-3124 Aaron Anderson From: tom pike <piketom@msn.com> Sent: Tuesday, October 08, 2019 12:54 PM To: Aaron Anderson Subject: Re: sketch of proposed parking spot for ARU at 248 Orange Ave. Aaron, Great! Thanks for clarifying. I'll work on the application and get it in to you shortly. Would you like me to e- mail it to you or bring in a physical copy? Tom From: Aaron Anderson <aaron.anderson@ashland.or.us> Sent: Tuesday, October 8, 2019 6:08 PM To: tom pike <piketom@msn.com> Subject: RE: sketch of proposed parking spot for ARU at 248 Orange Ave. Tom, Yes that is what I am saying. lust complete the application, and provide a brief narrative describing any changes to the project from when we did a pre -application. Please be specific that there are no proposed changes to the foot print of any of the structures. I have attached a copy of what was submitted with the pre -application. Let me know if you have any questions or concerns. Aaron Anderson, CFM Assistant Planner City of Ashland, Community Development 51 Winburn Way, Ashland, Oregon 97520 541-552-2052, TTy - 800-735-2900 FAX - 541-552-2050 This email transmission is official business of the City of Ashland , and it is subject to Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at (541) 552-2052. Thank you. From: tom pike [mailto:piketom@msn.com] Sent: Tuesday, October 08, 2019 10:54 AM To: Aaron Anderson <aaron.anderson@ashland.or.us> Subject: Re: sketch of proposed parking spot for ARU at 248 Orange Ave. Aaron, Thank you. Are you saying that I don't have to submit any further drawings of the structure or of the site with my application? I am not changing any of the footprint of the structure of the proposed ARU. Also, I don't think I have a copy of my original drawings I submitted with the Pre-App. Would it be possible to e-mail a copy of them to me? Thanks again for your assistance with this project. K6111 From: Aaron Anderson <aaron.anderson ashland.or.us> Sent: Friday, October 4, 2019 10:24 PM To: tom pike <piketom@msn.com> Subject: RE: sketch of proposed parking spot for ARU at 248 Orange Ave. Hi Tom, Soundsgood! Also 1 had a chance to speak with my supervisor and there is no reason to have you re -do the site plan in more detail than you submitted for the pre -application so long as there is no exterior changes to the footprint of the existing structure. Please feel free to give me a call if you have any questions about preparing your application materials. Aaron Anderson, CFM Assistant Planner City of Ashland, Community Development 51 Winburn Way, Ashland, Oregon 97520 541-552-2052, TTY - 800-735-2900 FAX - 541-552-2050 This email transmission is official business of the City of Ashland , and it is subject to Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at (541) 552-2052. Thank you. ... .... ............ _ From: tom pike mailto: iketom msn.comj Sent: Friday, October 04, 2019 3:00 PM To: Aaron Anderson <aaron.anderson ashland.or.us> Subject: Re: sketch of proposed parking spot for ARU at 248 Orange Ave. Thanks, Aaron. I'll just keep the ARU parking spot as initially proposed on the Pre-App drawing. Tom From: Aaron Anderson <aaron.anderson@ashland.or.us> Sent: Friday, October 4, 2019 8:22 PM To: tom pike < iketom msn.com> Subject: RE: sketch of proposed parking spot for ARU at 248 Orange Ave. Hi Tom. The alley to the west of your property is shown at 17.5' in width. Aaron Anderson, CFM Assistant Planner City of Ashland, Community Development