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HomeMy WebLinkAboutCalifornia_115_PA-T1-2019-000435 March 21, 2019 Notice of Final Decision On March 21, 2019, the Community Development Director approved the request for the following: Planning Action: Subject Property: Applicant: PA-T 1-2019-00043 115 California Street Mark Knox Description: A request for Site Design Review to convert the existing, rear 320 square - foot accessory Structure into a legal Accessory Residential Unit. The application includes a request for a Variance for the second driveway curb -cut to accommodate the ARU's parking space, COMPkEHENSIVE PLAN DESIGNATION: High Density Residential; ZONING: R-3; ASSESSOR'S MAP: 39 1 E I OCB; TAX LOT: 14800 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 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 Enter Planner's Name in the Community Development Department at (541) 488-5305, cc: Pat -ties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-29DO . reau fl,...... . . . ......... 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, aType I decision becomes effective 12 clays after the City snails 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 tile 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 Adviser all opportunity to respond to the issue prior to making a decision. 1 Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall decide within three (lays whether to reconsider the matter. 3. If the Staff Adviser 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 tell 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 tile 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 tile 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 18.5.1.050.6. 1, above, may appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to tile procedures of this subsection. Tile 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 01- upon subsequent appeal, tile fee for the initial hearing shall be refunded, b. Thnefor Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the (late the notice of decision is mailed. c. it ofNotice oj'Appeal,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 tile 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 fishy met or the appeal will be considered by the City as a jUdsclictional defect and will not be heard or considered. 3. Scope of Appeal. Appeal hearings oil 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 tip to tile 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 all appeal of a Type I decision. A decision oil all appeal is final the date the City mails tile adopted and signed decision, Appeals of Commission decisions must be filed with the State Land Use Board of Appeals, pursuant to ORS 19T805 - 19T860. COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541ABB-5305 51 Winburn Way Fax; 641-552-2050 Ashland, Oregon 97520 TTY. 800-735-2900 ASHLAND PLANNING DEPARTMENT FINDINGS & ORDERS PLANNING ACTION: PA-T 1-2019-00043 SUBJECT PROPERTY: 115 California Street OWNERS/APPLICANTS: Mark Knox DESCRIPTION: A request for Site Design Review to convert the existing, rear 320 square -foot accessory structure into a legal Accessory Residential Unit. The application includes a request for a Variance for the second driveway curb -cut to accommodate the ARU's parking space, COMPREHENSIVE PLAN DESIGNATION: High Density Residential; ZONING: R-3; ASSESSOR'S MAP: 39 1E 10CB; TAX LOT: 14800 SUBMITTAL DATE: February 1, 2019 DEEMED COMPLETE DATE: February 21, 2019 STAFF APPROVAL DATE: March 21, 2019 DEADLINE TO APPEAL (4:30 p.m.): April 2, 2019 FINAL DECISION DATE: April 3, 2019 APPROVAL EXPIRATION DATE: October 3, 2020 DECISION Subject Propel-ty The proposal is to convert an existing accessory structure into a 320 square -foot dwelling unit at the rear of the property at 115 California Street. The subject property is located on the west side of California Street between East Main Street and Quincy Street. The subject property is across the street from Southern Oregon University student housing. The surrounding neighborhood is comprised of a mix of single family, multi -family developments, park land and SOU properties. The subject property is zoned High -Density, Multi -Family Residential (R-3). Across the street and to the east, the zoning is SOU. The zoning to the north is Single -Family Residential (R-1 -5) and to the south, is R-3 and low -density multi -family (R-2). The subject property is listed as .16 acres or 7,000 square -feet according to the application. The property and the accessory structure were both built in 1946 and were in disrepair until the home's remodel in 2017. The lot is mostly level. A sidewalk and fence separate the accessory structure from the main house. The unit will be independent from the front house, with its own fenced yard, parking area and entrance from the street. The new dwelling is currently being remodeled and was used intermittently prior as a dwelling unit. Now, the applicants desire to make the unit legal. The approval standards require that an Accessory Residential Unit (ARU) in an R-3 zone does not exceed 50% of the gross habitable floor area (GHFA) of the primary residence on the lot and shall not exceed 500 square feet. The proposed ARU will be 320 square -feet, and the primary residence is 1,008 square -feet. At R-3 and 7,000 square -feet, the base zoning of this lot is two units, and could allow a unit larger than an Accessory Residential Unit. With the addition of this ARU, the density totals 1.75 units, and the maximum number of dwelling units on the lot is met. The existing structure that will house the dwelling unit does not meet setbacks, was built prior to Ashland's Land Use Ordinance and is legal, non- PA-T 1-2019-00043 115 California St/fk Page 1 conforming. The building's footprint is not proposed to be changed at all. The lot's impervious surface does not surpass maximum lot coverage of 75-percent. Site Design Review An ARU is required to meet Site Design Review standards. The building is pre-existing and is located in the rear of the lot in the southwest corner. A paved sidewalk leads from the parking space dedicated to the unit back to the unit. The proposed unit is painted yellow, to elicit positivity and cheer according to the application. The neighborhood has a mix of colors, including yellow and similar light, bright colors. The application for a single family home with an ARU of greater than 500 square feet requires three automobile parking spaces. The lot has two curb cuts - one on the south side with two spaces for the main house and one on the north side shared with the neighboring property. The lot has an existing street tree, and the applicants propose to plant an additional Maple Tree as well. A covered storage area is proposed to accommodate the unit's bike parking space and will need to meet the standards of 18.4.3.070 of the Ashland Land Use Ordinance. According to the application, each unit will have its own fenced yard and over 1,000 square -feet of yard area and recreational space (about 14-percent available open -space), but as an ARU, it is exempt from the 8-percent open space requirement for multi- family developments. The application did not include a tree protection plan, but the remodel is all interior and the outstanding site work consists of landscaping installation. No disturbance is proposed in the root protection zones of existing trees. Trash bins are proposed behind the fence and gated entrance along the walkway to the accessory unit. Varianee A variance is required to accommodate the third parking space by expanding the neighbor's curb cut into the subject property. 18.4.3.080.D.5 limits one driveway approach and curb cut per street frontage. The first criterion, "The variance is necessary because the subject code provision does not account for special or unique physical circumstances of the subject site, such as topography, natural features, adjacent development, or similar circumstances... " The subject property is surrounded by high -density residential properties, and Southern Oregon University student housing across the street. The proximity to SOU precludes the applicant from being eligible for an on -street credit. The second criterion, "The variance is the minimum necessary to address the special or unique physical circtnnstances related to the subject site. " The enlarging of the neighboring driveway was the minimum necessary to accommodate the third parking space. The number of curb cuts on the California is unchanged and there is no net -loss of on -street parking (which is a premium near SOU). The site's current configuration does not work to accommodate parking that meets dimensions and other regulations of the code. The third criterion, "The proposal's benefits will be greater than any negative impacts on the development of the adjacent uses and ivill further the purpose and intent of this ordinance and the Comprehensive Plan of the City. " The added space maintains on -street parking for the surrounding multi -family neighborhood while also meeting the required parking spaces for the site. PA-T I-2019-00043 115 Califoniia St/fk Page 2 The fourth criterion, "The need for the valiance is not self -unposed by the applicant or property omen.. .. The applicant states the need for the variance is not self-imposed. The site has housed a single-family residence and accessory unit since 1946. The main house's location prevents standard parking dimensions and turn -around requirements from being accommodated. The property is currently served by adequate City facilities for water, sewer, storm drainage and electricity; all utilities are pre-existing. The only utility upgrade to the site is the new electric meter for the proposed dwelling unit. The applicants have submitted materials to the Planning Department that demonstrate compliance with 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 -grounds, and driveways are exempt from the requirements in subsections 18.4.3.080.D.1 and 18.4.3.080.D.2 and paving requirements in subsection 18.4.3.080.E.1. C. RR Zone. In addition to the standards in subsection 18.2.3.040.B, accessory residential units in the RR zone shall meet the following requirements: 1. No on -street parking credits shall be allowed for accessory residential units. 2. If located in the wildfire zone, the accessory residential unit shall have a residential sprinkler system installed. D. R-2 and R-3 Zones. Accessory residential units in the R-2 and R-3 zones shall meet the standards in subsection 18.2.3.040.13, except that the maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50 percent of the GHFA of the primary residence on the lot, and shall not exceed 500 square feet GHFA. 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. PA-T 1-2019-00043 115 California Stlfk Page 3 E. Exception to the Site Development and Design Standards. The approval authority may approve exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in either subsection 1 or 2, below, are found to exist. 1. There is a demonstrable difficulty meeting the specific requirements of the Site Development and Design Standards due to a unique or unusual aspect of an existing structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent properties; and approval of the exception is consistent with the stated purpose of the Site Development and Design; and the exception requested is the minimum which would alleviate the difficulty.; or 2. There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better achieves the stated purpose of the Site Development and Design Standards. In staff s assessment, the application with the attached conditions complies with applicable ordinances and meets all required criteria. Planning Action 42018-00043 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 #2018- 00043 is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant shall be conditions of approval unless otherwise specifically modified herein. 2) That all necessary building permits for the accessory residential unit (ARU) shall be obtained, and associated fees and charges including applicable system development charges relating to the ARU for water, sewer, storm water, parks, and transportation, shall be paid prior to the issuance of a building permit. 3) That the plans submitted for the building permit shall be in conformance with those approved as part of this application. If the plans submitted for the building permit are not in substantial conformance with those approved as part of this application, an application to modify the Site Review approval would need to be submitted and approved prior to issuance of a building permit. Building permit submittals shall include; a. Lot coverage calculations including all building footprints, driveways, parking, and circulation areas shall be provided with the Building Permit. Lot coverage shall be limited to no more than 75 percent as required in the R-3 zoning district. b. The building permit submittals shall verify that the bicycle parking spacing and coverage requirements are met in accordance with 18.4.3.070.1. 4) That storm water from all new impervious surfaces and runoff associated with peak rainfalls must be collected on site and channeled to the City storm water collection system (i.e., curb gutter at public street, public storm pipe or public drainage way) or through an approved alternative in accordance with Ashland Building Division policy BD-PP-0029. On -site collection systems shall be detailed on the building permit submittals. PA-T 1-2©19-00043 115 California SLA Page 4 5) That prior to the issuance of a certificate of occupancy: a) b) e) That a separate electric service and meter for the accessory residential unit shall be installed in accordance with Ashland Electric Department requirements. That a separate address for the accessory residential unit shall be applied for and 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. All automobile parking and bicycle parking shall be installed according to the approved plan, inspected, and approved by the Staff Advisor. sector Date PA-T 1-2019-00043 115 California Stlik Page 5 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 March 21, 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 -2019-00043, 115 California Street, Signature of Emplayas Documentl 30112019 PA-T1-2019-00043 391E10CB 15000 PA-T 1 -2019-0 0043 391E10CB 14700 PA-T1-2019-00043 391E10CB 15100 CHIEF TYEE LLC DELUCA RONALD L TRUSTEE GALE JAN LOUISE PO BOX 4734 228 MORNINGLIGHT DR 1283 QUINCY ST MEDFORD, OR 97501 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2019-00043 391E10CB 15200 GODSEY LYNETTE MARIE 1273 QUINCY ST ASHLAND, OR 97520 PA-T1-2019-00043 391E10BC 2500 ISSER STEPHEN J TRUSTEE ET AL 84 GARFIELD ST ASHLAND, OR 97520 PA-T1-2019-00043 391E10BC 1600 STEWART C F LTD PO BOX 622 ASHLAND, OR 97520 PA-T1-2019-00043391E10CB 15300 GUTMAN MICHAEL S TRUSTEE 1255 QUINCY ST ASHLAND, OR 97520 PA-T1-2019-00043 391E10CB 14800 KNOX MARK ET AL 485 W NEVADA ST ASHLAND, OR 97520 PA-T1-2019-00043 391E10CB 14600 HOIEN KRISTEN F KRISTIN ABBOTT 61 MORSE AVE ASHLAND, OR 97520 PA-T1-2019-00043 391 E10BC 1700 LIVSHITS IGOR 7783 CORNWALL CIR BOULDER, CO 80301 115 California 03/21/2019 NOD 10 Planning Department, 51 Winbuin Way, Ashland, Oregon 97520 ITY O'F 50-488-5305 Fax:541-552-2050 www.ashlandor.us TTY:1-800-735-2900 -ASHLAND NOTICE OF APPLICATION PLANNING ACTION: PA-T1-2018-00043 SUBJECT PROPERTY: 115California Street OWN ERIAPPLI CANT : Mark Knox DESCRIPTION: A request for Site Design Review to convert the existing, rear 320 square -foot accessory structure into a legal Accessory Residential Unit. The application includes a request for a Variance for the second driveway curb -cut to accommodate the ARU's parking space, COMPREHENSIVE PLAN DESIGNATION: High Density Residential; ZONING, R-3; ASSESSOR'S MAP #: 391 E391E 10CB; TAX LOT: 14800 NOTICE OF COMPLETE APPLICATION: February 21, 2019 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: March 7, 2019 04 L7- ' 77 '7�I„ 677 477 3 77 -3 -D 93" C 03 i B 1102 1,4 102 '5 10 1�2 8 32 1 102 �)11 30 T3 �12 1�102 32 17' 1_P2 �3 1 '102 -30 1 �2 102 21, 1102,9102 11 2 13102 2 Ig2 4102 �2 6162 _3 102-,21 J/ 128 ' 1128 ,�3 1128 44 5 �1,2 8 _ 144 �253 407 "1 105 105 2 107 115 PLANNING AC"nON #TI-2019-00043f SUBJECT PROPERTY 115 California Street 1�1 4- 1 31 I,5 131 61 31 W, � r269 a 1273, 43 i1293 1,361 1,361 11 5F J5E 1,361 15D 1361 15C 1361 1 11361 i 6C '361 1 A � 136, 1 6A 1 61 1 '8L 3611 1713: 13611 10K 1 �61 18J 13161 18G 13611 18D 1361 19B 1 �3 61 11;8E g4H11361 208 1 1 1 21 1 G �61 1 �61 �1 F 1361 2°:1 E 1361 b 21C 1y61 21B 1361 221H 1361 21XI1361 22A 80 80 8 1361 1361 7A 1361 8C 361 10E e61: 10A The, Ashland Planning Division Staff has received a complete application for the property noted above. ,Any affected property owner of, resident has a right to Submit written comments to the City of Ashland Planning Division, 51 WinbUrn Way, Ashiland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above. Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal, Upon determination of completeness, a notice is sent to Surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the comment period and not more than 45 days from tile application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice of decision is mailed to tile same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staffs decision must be made in writing to the Ashland Planning Division within 12 (lays frorn the date of the mailing of final decision. (AMC 18.5.1.050.G) The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. FaNILlre 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 tile issue precludes an actlon for damages in circuit court. A copy of the application, all documents and evidence relied open by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. Ail materials are available at the Ashland Planning Division, Community Development & Fngi need ng Services Building, 51 Winburn Way, Ashland, Oregon 97520. If you have questions or comments concerning this request, please feel free to contact Fotini KaLlfrni an at 541-488-5305. FI-11 ;I a I PUMA k &*]A J, F-111 14 11! 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 February 21, 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-T1-2019-00043, 115 California Street. Sigriature of Employee Documen[3 212112019 PA-T1-2019-00043 391E10CB 16000 PA-T1-2019-00043 391E10CB 14700 PA-T1-2019-00043 391E10CB 15100 CHIEF TYEE LLC DELUCA RONALD L TRUSTEE GALE JAN LOUISE PO BOX 4734 228 MORNINGLIGHT DR 1283 QUINCY ST MEDFORD, OR 975010195 ASHLAND, OR 975208607 ASHLAND, OR 975202233 PA-T1-2019-00043 391 E10CB 15200 GODSEY LYNETTE MARIE 1273 QUINCY ST ASHLAND, OR 975202233 PA-T1-2019-00043 391 E10BC 2500 ISSER STEPHEN J TRUSTEE ET AL 84 GARFIELD ST ASHLAND, OR 975202214 PA-T1-2019-00043 391E10BC 1600 STEWART C F LTD PO BOX 622 ASHLAND, OR 975200021 PA-T1-2019-00043 391E10CB 15300 GUTMAN MICHAEL S TRUSTEE 1255 QUINCY ST ASHLAND, OR 975202233 PA-T1-2019-00043 391 E10CB 14800 KNOX MARK ET AL 485 W NEVADA ST ASHLAND, OR 975201043 115 California 2/21119 NOC 10 PA-T1-2019-00043391E10CB 14600 HOIEN KRISTEN F KRISTIN ABBOTT 61 MORSE AVE ASHLAND, OR 975202104 PA-T1-2019-00043 391 E10BC 1700 LIVSHITS IGOR 7783 CORNWALL CIR BOULDER, CO 803014101 M 11 141 V , r, , 00ago 441,4- JOD 15415 15416 ° " 3H, , 21901 2 0 100 701 4000 u � - M' "o '► �1401 2010 M 15w61,„ i 4 . j awy 11 1030 16 0 44 �.I MOO 370V THO 3HO3� o age Y2",J0 mo 2,002 601 1T01 �1a�� I'm I300 " To�I1 '' 01 �, � 1110 NO 5H,49) 0 (r.747v%,'1 3� 11 no 1400 0 1 1 30 D 16H, 11 LN 1 i M 1 870 1i 41 11HO 1+� � 1 17,200 8#010" 9100 1,1"01 [ I , 1, 1' a = uml m Plamg Division ZONING PERMIT APPLICATION 51 Winburri Way, Ashland OR 97520 Cj*r or 541-488-5305 Pax 541-488-6006 FILE # -ASRLAND DESCRIPTION OF PROJECT,,,, DESCRIPTION OF PROPERTY Pursuing LEED@ Certification? El YES 0 NO Street Address i Assessor's, Map No, 391 E Tax Lot(s) Zoning Comp Plan Designation U1 APPLICANT Name —Phone E-Mail . ......... C Address City Zip i� z I isuo 201ffir "OF N110 Name Phone E-Mail Address city Zip SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER �?- 11 ....... , Title -----Name Phone E-Mail Address city Zip Tifle Name Phone E-Mail Address ... city Zip I hereby ceddy+ that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects,. trueand correct: /understand that all property pins must be shown on the drawings and visible upon the site inspection, In the event the pins are not showdor their location found to be incorrect, the owner assumes full responsibility. / further understand that if this request is subsequently contested, the burden will be on me to establish: 1) that / produced sufflclont factual evidence at the hearing to support this request,- 2) that the findings of fact furnishodjustifies the granting of the request, 3) that the findings of fact furnished by me are adequate,, and further 4) that all structures or improvements are,property located on the ground. Failure in this regard will result most likely in not only the requost being set aside, but also possibly in my structures being built in reliance thereon being required to be removed at my expense, If I have any doubts, / am advised to seek competent professional advice and assistance, Applicant's Signature," Date As owner of the property involved in this fequest,'°l hve read and understood the complete application and its consequences to me as a property owner. Property Owner's Siggiture (require.) Date [To be mmpWed by My Staff] Date Received Zoning Permit Type Filing Fee ED C E I V ED F B E � 14(fl 9 & 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 11nxl7'. include site plan, building elevations, parking and landscape details. (Optional —1 additional large set of plans, 2txY, to use in meetings) ❑ FEE (Check, Charge or Cash) ❑ LEED® CERTIFICATION (optional) —Applicant's wishing to receive priority planning action processing shall provide the following documentation with the application demonstrating the completion of the following steps; • Hiring and retaining a LEED® Accredited Prbfessional 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), -al I 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. Crkom-dev\plannins\Fo= & Flandou&Vl niag Permit AppUt-E doe PROJECT DESCRIPTION FOR Mai-k chi. Nora Knox 11.5 Califor-nia Street Ashland, Oregon A PROPOSAL FOR A SITE REVIEW PERMIT FOR A 320 SQUARE FOOT DETACHED ACCESSORY RESIDENTIAL UNIT The proposal is a request for a Site Review Permit to convert the existing rear accessory structure into a legal residential unit located at 115 C lifornia Street.. The application. includes a request for a variance for a second curb -cut. The property owners purchased the property in the summer of 2017 and began remodeling efforts of the property's main unit, Now finished, the owners desire to finish work on the rear unit. COMPREHENSIVE PLAN DESIGNATION: High Density Residential ZONING DESIGNATION: R-3 LOT AREA - Total Area: 7,000 sq. ft. / .16 acres / 70�' x 100' APPLICABLE ORDINANCES: Unified Standards for Residential Zones 18.2_.5.030 Residential Density Calculation in R-2 and R-3 Zones 18.5.5.080 ADJACENT ZONING/USE: WEST: R-3; Multi -Family Residential EAST: SO; Southern Oregon University (housing) SOUTH: R-3; Multi -Fancily Residential NOWFH: R-3; Multi -Family Residential SUBJECT SITE: R-3; Multi -Fancily Residential Project Site — ,June 2008 Project. Site -- February E�i'��,.,�, Site: The subject property is located at 115 California Street in Ashland. The property is a 7,000 square foot in area and is rectangular in shape measuring 70' along the front and 100 in depth. The property is relatively level and void of many natural features other than a few trees, all of which are to remain. A paved two space driveway sits to the front left of the house and a single space driveway, directly adjacent to the neighboring property's single parking space, sits on the front right side of the house. Two on -street spaces lay between the chub cuts. The property is occupied with a single family detached structure and one small detached accessory building at the rear, abutting the rear and south property lines. The home and accessory structure were constructed in 1946 and were in disrepair until the home's remodel in 2017. The rear accessory structure is currently being remodeled, but remains somewhat in its dilapidated condition. Recent work includes exterior paint, two new windows and a sliding glass door. A sidewalk. and fence was also recently installed separating the site's two units. The rear structure was used as a residence prior to the current owner's ownership due to the interior finishes (counter, stove, water heater, bath room, shower, etc.), but it's unclear according to City and County records as some records label it as "rear unit" and others "garage unit" or "garage". Nevertheless, the applicants desire to make this a legal unit. Proposal: The applicants are requesting a Site Review Permit to convert the rear 320 square foot accessory building to a legal accessory residential unit. The unit would be independent from the front house, having its own fenced yard, parking area and entrance from the street. Design: The applicants intend to keep the building footprint without any additions. The only exterior changes is the addition of a sliding glass door on the north side of the building, adjacent to the rear concrete patio slab recently poured. The original man door on the east side will be sealed -off from the interior, but will remain exteriorly to reflect its historical appearance. No other exterior changes are proposed, other than cosmetic updates such as trim and painting. Parkin: No additional parking spaces are proposed. As noted, two parking spaces are provided on -site to the left in front of the existing house, a single space to the right of the house exists and two on -street parking spaces are available along the frontage. Bike Parking: A covered storage area will accommodate the new unit's bike parking space. The subject space abuts the south side of the Accessory Residential Unit, Recreational Space: Each unit will have its own fenced yard and over 1,000 sq. ft. of yard area. Landscaping: The property is currently landscaped with grass and a few trees. No additional landscaping is proposed, other than a couple of carefully located trees in the rear yard for privacy purposes. No irrigation exists and none is proposed at this tine. 2 Utilities: All utilities are pre-existing. The applicants will be installing an additional electric meter prior to the application. All electrical services and lines were pre-existing. As part of the proposal, the applicants have removed all antiquated electrical lines and panel box within the proposed accessory unit and replaced with updated wiring under permit from the City of Ashland. Summer 2017 — Main House and Rear Cottage .................. ......... . .. . — Summer 2017 — Rear Cottage Response to Standards & Criteria; AMC 18.4.2.030 13. Applicability, Except as otherwise required by ail overlay zone or plan district, the following standards apply to residential development pursuant to section 18.5.2,020. See conceptual site plan of multifamily development in Figure 18,42030. 1. Accessory Residential Units. Unless exen-ipted from site design review in subsection 18.2.3.040.A, only the following standards in chapter 18.4.2 apply to accessory residential units: building orientation requirements in subsection 18.4.2.030.C, garage requirements in subsection 18.4,2.030,D, and building materials in subsection 18.4.2.030.E. If an accessory residential unit is located in the historic district overlay, the standards in section 18.4.2.050 also apply. See the special use standards for accessory residential units, in section 18.2.3,040, 18.4.2.030, C. Building Orientation. Residential buildings that are subject to the provisions of this chapter shall conform to all of the following standards. See also, solar orientation standards in section 18.4.8.050. The subject property is i�Olhin (in R-3 Allulti- jamilY Residential Zone. The suNect Accesso)), Res ideni iallAlluhi- 9 ftnni�y Unit is located ivithin an existing buildin in the rear yard, behind the property's inain residence. The subject unit appears to have been illegally) used as a residence prior to the purchase of the properly. The applicants propose 10 legalize it, upgrade, the services under permit, and pay any necessary fees. To the best of the applicant's knoivledge, all diniensional standards noted are gran4fathered No neu, additions or exterior inodification are proposed, other than the neiv sliding glass door on the north elevation as ideniffled in the photos aboi7e. 1. Building Orientation to Street. Dwelling units shall have their primary orientation toward a street. Where residential buildings are located within 20 feet of a street, they shall have a primary entrance opening toward the street and connected to the right-of-way via an approved walkway. Yhe subject building is pre-existing and is located at the far lve,slern end of the property, behind the existing inain house, roughly 100'.fi-om thefi°onl property line. 2. Limitation on Parking Between Primary Entrance and Street. Automobile circulation or off-street parking is not allowed between the building and the street. Parking areas shall be located behind buildings, or on one or both sides. The accessoi- y unit's driveivay is located on the north side of the suNect property. The driveiva)) is pared The drivelvay parallels and sits directly adjacent to the neighboring property to the north. A gate serving the proposed accessor), unit abuts the parking, space, The parking space is 9' ivide, and 24' deep — n7easuredfironi thefiront property line lofirow ql'the parking space and 31 'fi-oin the curb to thefiront of the parking apace. . ..... .... A L# f B 2019 5 BY: .. ..... =J 3, BLiild-to Line, Where a new building is proposed in a zone that requires a build -to line or maximum front setback yard, except as otherwise required for clear vision at intersections, the building shall comply with the build -to line standard. All buildings are pre-existing. ATo i7eii, buildings are proposed. D. Garages. The following standards apply to garages, carports, canopies, and other permanent and temporary structures used for parking or storing vehicles, including those parking and vehicle storage structures accessory to detached single-family dwellings. The standards are intended to balance residents' desire for a convenient, safe, and private vehicle access to their homes with the public interest in maintaining safe and aesthetically pleasing streetscapes. The standards therefore promote pedestrian safety and visibility of public ways, while addressing aesthetic concerns associated with street -facing garages. For the purpose of this subsection, a garage opening is considered to be fiacing a street where the opening is parallel to or within 45 degrees of the street right-of-way line. 1. Alleys and Shared Drives, Where a lot abuts a rear or side alley, or a shared driveway, including flag drives, the garage or carport opening(s) for that dwelling shall orient to the alley or shared drive, as applicable, and not a street. Arot aj,)I)licable, No garages, carliorls, canopies or other teinporai)� structures cased for parking are proposed 2, Setback for Garage Opening Facing, Street. The rninirrium setback for a garage (or carport) opening facing a street is 20 feet, This provision does not apply to alleys. Not applicable. No garages, caq)orls, canopies or other teinj)omirj� structures rased for parking are prQpose(l. E. Building Materials, Building materials and paint colors should be compatible with the surrounding area. Very bright primary or neon -type paint colors, which attract attention to the building or use, are unacceptable. The buildings' paint colors are yelloit, i�Wth the intent to generate a positive and cheelfill identity to the neighborhood 0i,erall, the coloisfiound in the neighborhood are inixect, inch ucfingj�elloii) and similar lighter colors. F. Strectscape. One street tree chosen firorri the street tree list shall be placed for each 30 feet of frontage for that portion of the development fronting the street pursuant to subsection 18.4.4.030.E. One existing street tree currend), exists along the propertys fi-ontage, roaghl)a 7' hack ftoni the curb. One additional street tree, chosenfi-oin the City's acloped Street Tree List, ivill he planted at the thne of final occu])ancj). The applicant ivill plant the, neiv tree, a Maple Tree, "in -line " ivith the Apple Tree to retain the ;Y)�Inlnelr)a (?f the sireetscalw, unless othei-ii,ise chrectecl. 0 a, ,1111A, 11411110 11,111.10 'IL lo 30a D F E B 0 6 ........... 18.5.5.050 A. The approval authority through a Type I or Type 11 procedure, as applicable, may approve a variance upon finding that it meets all of the following criteria, 1. The variance is necessary because the subject code provision does not account for special or unique physical circuiristances of the subject site, such as topography, natural features, adjacent development, or similar circumstances. A legal lot determination rnay be sufficient evidence of a hardship For purposes of approving a variance. The subject property is surrounded h)r high-clensily residential prol)erties, coulVed by Southern Oregon University student housing across the street. The pi-ol3erly's inain house sits roughly, in the center of the prope7lj) making it inn-)ossible to provide on -site parking that ii,oulcl meet the dimensional requi)-einenis of the Cit)x's Parking Slanclarcls, The location of the neiv clriveiva.Y is the "onlj)" location on the site cis adding a lhirdsl..)ace ivithin the existing c1riveiiaY ivould haie caused the space to be partially ivithin the right- ed ivq.)y no on -site parking and turn -around configuration ivouhl hai,e itrorked (lire to the parking and clrheivq)r dimensional stan(larcls and no on -street parking credits are aVailable clue to the proximity qf the SOU housing, And, parking is a In-einhan along the subject streets. I The variance is the minimum necessary to address the special or unique physical circumstances related to the subject site, The applicants beliei�e the exception 1,)Y°oi,icles an equal or better arrangeinent i-Men cony-7arecl to the altern(ative. The realil)y is the exisling house sits in the ivrong location on the properly and the adapted parking stanclarcis and coc4fied dimensions and turn- around requireinews ivoulcl have caused the main house to be reinove(l The al.)lVicants have evaluated the existing buil(ling and site ivith the intent to create a parking plan that meet parking regulations, but none of the chinensions ivork iiithout violating another provision or cause the house an(l cottage to be reinoved 3. The proposal's benefits will be greater than any negative impacts on the development of the adjacent uses and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City. As statecl, the ackletl parking sIxtee sits clh-ectly atijacent to the neighboring prol)ert)"s clriveii,qj) and ii,hen combined total 18'. The added space inaintains on -street parking for the surrown-ling inulfi- nfily neighborhood anct there is no net loss in on -street parking. fill, Aclditionally„ there is no reasonable iia, to acconnnoclate additional on -site parking„ but to remove the site's structures and start oier as the parking &mensions do not work uncler the site's earrent coqfiguralion. 4. The need for the variance is not self-imposed by the applicant or property owner. For example, the variance request does not arise as result of a property line adjustinent or land division approval previously granted to the applicant. .The need,for the iariance has not been self- inilmsect The site has literal1j) remained a single family residence, including a rear illegal accessory unit, since 1946, 1,7ossibly, ........ . 7 7 earlier. The main house shn].VY sits too close to the center of the pro])erty and thaws standard 1xv-king (Ibnensions an(Iturn-around requireinenIs could not be acconnnoclated. The surroun(ling j.vo])erfy has built out ivilh nmlti-1vnily develol)inents and no recilvocal easements have been provided that ivould allow, the subiect prq])erty to adapt to the high density zone. As such, the only logical parking location is i-Mere it is currentljlwovicled, north side of the prolmi-ly, clirectly adjacent to the neighboring" drivelva.)). B. In granting a variance,, the approval authority may impose conditions similar to those providcd for conditional uses to protect the best interests of the surrounding property and property owners, the neighborhood, or the City as a whole. The oly)licanis are aiv are cif this provision. The ay?lVicants have pro]-)osed a space that abuts the ocljacent neighbors (Iriveivq)) to the north and minimizing on-sireet parking loss, in an area that heavily relies on on -street parking. A, 6 E II 0 1, 6 'Fence Existing Concrete Patio 8' x 10' Existing iras Recycling 4'Sidewalk (ADU Unit) Uexisting' Cottage ADU 2-car Paved Driveway Main Unit (existing) Trash & Recycling Proposed Raised M-M Cottage ADU 2-car Paved Driveway Main Unit (existing) Existing VolunteerTree Existing ADiDle Tree Water Sewer Electric Storm Cottage ]Am, Note: All utilities are pre-existing The only utility upgrade to the site will be an addition of a new electric meterfor the ADU unit located as illustrated. i A Existing Volunteer Tree Existing Aoole Tree 3 Bedroom House Proposed Maole Tree - - - - - - - - - - - - - - - - - - - - - - - - - - a . . . . . . City of Ashland Community Development Department 51 Winburn Way Ashland, OR 97520: Telephone: 541-488-53,05 Inspection Line: 541-552-2080 PERMIT NUMBER PA-Tl-2019.00043 AppGy Data: 211/2019 Plan Type: Type I Planning Action Work Class: Type I Planning Action Map & Tax Lot Proper!y Address 391 El OCN4800 115 California St Owner Information Applicant Information Owner: Applicant: Mark Knox Owner Applicant 604 Fair Oaks Ct Address: Address: Ashland, OR 97520 Phone: Phone: (541) 821-3752 Project Description Fees Fee Description: AnnOUIIC Residential Site Review (Type 1) $1 142,00 V E B () 1 2 (1,19 Applicaft Date: 1To#al Fees. $1,142.00