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HomeMy WebLinkAboutWoodland_1372_PA-T1-2020-00119ASHLAND PLANNING DEPARTMENT FINDINGS & ORDERS PLANNING ACTION: PA-T1-2020-00119 SUBJECT PROPERTIES: 1372 Woodland Drive OWNER/ APPLICANT: Steven Newhall and Laura Lui / Ben Treiger DESCRIPTION: This is a request for a Site Design Review for the construction of a 598 square foot detached Accessory Residential Unit (ARU) at the rear- of the property located at 1372 Woodland Drive. lour white oak trees will be removed from within the footprint of the proposed ARU. COMPREHENSIVE PLAN DESIGNATION: Single -Family Residential; ZONING: R-1-7.5 MAP: 39 lE 1513D; TAX LOT: 6100 SUBMITTAL DATE: July 15, 2020 DEEMED COMPLETE DATE: July 22, 2020 STAFF APPROVAL DATE: August 7, 2020 DEADLINE TO APPEAL (4:30 p.m.): August 19, 2020 FINAL DECISION DATE: August 19, 2020 APPROVAL EXPIRATION DATE: February 19, 2022 DECISION The proposal is to add a detached accessory residential unit within the south east corner of the property located at 1372 Woodland Dr. The subject property is a rectangular lot, 11,700 square feet in size (0.27 acres and is located on the southeast corner of the intersection of Woodland and Palmer Street. The surrounding neighborhood is comprised of single-family and is zoned Single -Family Residential (R-1-7.5). The subject property, and properties in the vicinity have relatively wooded, have steep slopes and are located within the Hillside and Wildfire Overlays. The property is a corner lot with a one-story single-family residence with a daylight basement and garage and is oriented to Woodland Dr. on the northern portion of the lot. The home was originally built in 1963 and has been remodeled since that period. According to the application the main residence has approximately 1282 square -feet of living space exclusive of a 682 partially finished daylight basement. The property also contains a single car garage on the ground floor accessed off of a driveway onto Woodland Drive. The approval standards require that an Accessory Residential Unit (ARU) in an R-1 zone does not exceed 50% of the gross habitable floor area (GHFA) of the primary residence on the lot and not exceed 1000 square feet. The proposed ARU is 598 square feet, which does not exceed 50% of the 1,282 square -foot primary residence or 1000 square -feet. The development of the property is also required to conform to maximum lot coverage of 50-percent and base setback requirements. The proposal indicates the total lot coverage will be 39.9-percent; the final proposed impervious surface including the existing structure, existing driveways and walkways, and the PA-`r I-2020-0011 9 1372 Woodlatrd Dr. /blg Page I proposed ARU, patio, and walkways is 4664 sq.ft. As a result, the remaining 60.1 % of the lot would be landscaped area. The existing driveway at in the North west corner of the property does not presently meet access management standards given its distance the intersection and being a second curb cut on the pr•oper•ty. The existing driveways and onsite parking will be unchanged by the proposal and will serve to provide adequate parking for both the existing home and the proposed ARU. The applicant acknowledges in the application materials that in the future event the City proposes road improvements or sidewalk installation along their property frontage, this non -conforming driveway would have to be removed at their expense. With the recent passage of House Bill 2001, cities with populations greaten than 2,500 ar•e prohibited from mandating off-street parking for ARU's after January 1, 2020 and as such, no additional off-street parking is required for the proposed ARU here. City facilities are in place to serve the existing residence, and with the creation of a new ARU, the applicant will be required to provide a separate electric service panel with meter. In addition, because Woodland Drive is not frilly improved to city street standards (curbs, gutters crud paving are in place, but there are no and the existing driveliwy apron for the iveslernlnosi di-iveivay Does not conform to drl eivay spacing or apron requirements) a condition has been included to require that the applicant sign -in favor of a future local improvement district should one ever be formed to bring the street improvements up to city street standards. The proposed ARU is at the rear• of the property and given existing structures location it will not be visible from Woodland Drive. Additionally, due to the slope of the property, and significant tree canopies the ARU be not be readily visible from Palmer Street. The dwelling is oriented to the North (towards Woodland St) with a front door and entrance along its northern elevation. The structure is to be located on slopes less than 25% slope, as such not subject to hillside development standards. The building will be dug into the slope approximately 4 feet on the western side, lowering its overall profile and the use of the retaining walls will further create some level usable outdoor areas adjacent to the ARU. The proposed unit will have access to the rear yard and will further have its own patio area constructed of porous pavers. The materials proposed for the addition structure are proposed to match the existing structure. The lights proposed will be shrouded to shine only on the subject property. Four clustered white oak trees are to be removed which are within the footprint of the development. These trees are on slopes less than 25% and as such are not subject to a tree removal permit. Additionally the application details a tree protection plan including the preservation of a California Black Oak (17"dblh) that is located along the east property line in immediate proximity of the proposed ARU. According to the application narrative, tree protective fencing and careful excavation for utility installation is proposed adjacent to the 22" Ponderosa Pine in the northeast corner of the property along Woodland Dr. near the driveway. The application complies with all of the applicable provisions of the R-1-7.5 zoning district, and the Site Development and Design Standards in AMC 18.4. The property is currently served by adequate City facilities for water, sewer, stornh drainage and electricity. The applicants have submitted materials to the Plarming Department that demonstrate compliance with these approval standards. PA-T 1-2020-00119 1372 Woodland Dr. /big Page 2 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-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. 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 19.4.3.040, except that parking spaces, turn-arounds, and driveways are exempt from the requirements in subsections 18.4.3.080.D.1 and 18.4.3.080.D.2 and paving requirements in subsection 18.4.3.080.E.1. C. RR Zone. In addition to the standards in subsection 18.2.3.040.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.B, except that the maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50 percent of the GHFA of the primary residence on the lot, and shall not exceed 500 square feet GHFA. E. NN Zones. Accessory residential units in the normal neighborhood district under chapter 18.3.4 shall meet the standards in subsection 18.2.3.040.B. F. NM Zones. Accessory residential units in the North Mountain Neighborhood NM zones under chapter 18.3.5 shall meet the standards in subsection 18.2.3.040.13, except that the maximum gross habitable floor area (GHFA) of the accessory residential unit must not exceed 750 square feet GHFA and that second story accessory residential units constructed above a detached accessory building must not exceed 500 square feet GHFA. (Ord. 3155 § 2, amended, 07/17/2018) The criteria for Site Review approval are described in AMC Chapter 18.5.2.050 as follows: A. Underlying Zone: The proposal complies with all of the applicable provisions of the underlying zone (part 18.2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards. PA-TI-2020-00I19 I372 Woodland Dr. /blg Page 3 S. Overlay Zones: The proposal complies with applicable overlay zone requirements (part 18.3). C. Site Development and Design Standards: The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided by subsection E, below. D. City Facilities: The proposal complies with the applicable standards in section 18.4.6 Public Facilities and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property and adequate transportation can and will be provided to the subject property. E. Exception to the Site Development and Design Standards. The approval authority may approve exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in either subsection 1 or 2, below, are found to exist. There is a demonstrable difficulty meeting the specific requirements of the Site Development and Design Standards due to a unique or unusual aspect of an existing structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent properties; and approval of the exception is consistent with the stated purpose of the Site Development and Design; and the exception requested is the minimum which would alleviate the difficulty.; or 2. There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better achieves the stated purpose of the Site Development and Design Standards. In staffs assessment, the application with the attached conditions complies with applicable ordinances and meets all required criteria. Planning Action #T1-2020-00119 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- 2020-00119 is denied. The following are the conditions and they are attached to the approval: 1 } That all proposals of the applicant shall be conditions of approval unless otherwise specifically modified herein. 2) That all necessary building permits for the accessory residential unit (ARU) shall be obtained, and associated fees and charges including applicable system development charges relating to the ARU for water, sewer, storm water, parks, and transportation, shall be paid prior to the issuance of a building permit. 3) That the plans submitted for the building permit shall be in conformance with those approved as part of this application. If the plans submitted for the building permit are not in substantial conformance with those approved as part of this application, an application to modify the Site Review approval would need to be submitted and approved prior to issuance of a building permit. Building permit submittals shall include: a. Lot coverage calculations including all building footprints, driveways, parking, and circulation areas shall be provided with the Building Permit. Lot coverage shall be limited to no more than 45-percent as required in the R-1-7.5 zoning district. b. Solar setback calculations demonstrating that all new construction complies with Solar Setback Standard A in the formula [(Height -- 6)/(0.445 + Slope) = Required Solar Setback] and elevations or cross section drawings clearly identifying the highest shadow producing point(s) and the height(s) from natural grade. c. That a General Duel Modification Area fuel reduction plan addressing the requirements in AMC 18.3.10.100.13 shall be provided prior to bringing combustible materials onto the property, and any new landscaping proposed shall comply with these standards and not PA-T1-2020-00119 1372 Woodlatul Dr. /big Page 4 include plants listed on the Prohibited Flammable Plant List per Resolution 2018-028. d. That the requirements of the Fire Department shall be satisfactorily addressed including but not limited to approved addressing, access, fire flow, hydrant distance and clearance, fire sprinklers if necessary, and addressing wildfire hazard area requirements including vegetation management and work restrictions during fire season. e. That a Tree Protection Plan consistent with the standards described in 18.4.5 be submitted for review and approval by the Staff Advisor prior to the issuance of a building permit (if applicable). The plan shall identify the location and placement of fencing around the drip lines of trees identified for preservation. The amount of fill and grading within the drip line shall be minimized. Cuts within the drip line shall be noted on the tree protection plan, and shall be executed by handsaw and kept to a minimum. No fill shall be placed around the truiWcrown of trees to be retained. 4) That storm water from all new impervious surfaces and runoff associated with peak rainfalls must be collected on site and channeled to the City storm water collection system (i.e., curb gutter at public street, public storm pipe or public drainage way) or through an approved alternative in accordance with Ashland Building Division policy BD-PP-0029. On -site collection systems shall be detailed on the building permit submittals. 5) That prior to the issuance of a building permit, the property owner shall sign in favor of Local Improvement District (LID) for the fixture street improvements, including but not limited to curb gutter repair, storm drainage, sidewalks, and removal of the non -conforming driveways on the Woodland Street frontage. 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. 6) That a Tree Verification Permit shall be applied for and approved by the Ashland Planning Division prior to site work, tree removal, staging or storage of materials. The Verification Permit is to inspect the identification of the trees to be removed and the installation of tree protection fencing for the trees on and adjacent to the site to be protected. The tree protection shall be chain link fencing six feet tall and installed in accordance with 18.4.5.030. 7) That prior to the issuance of a certificate of occupancy: a) That a separate electric service and meter for the accessory residential unit shall be installed in accordance with Ashland Electric Department requirements. b) That a separate address for the accessory residential unit shall be applied for approved by the City of Ashland Engineering Division. Addressing shall meet the requirements of the Ashland Fire Department and be visible from the Public Right -of -Way. c) The requirements of the Ashland Fire Department to address fire apparatus access shall be satisfactorily addressed. d) That all exterior lighting shall be directed on the property and shall not directly illuminate adjacent proprieties. e) The recycling and refuse disposal area requirements of AMC 18.4.4.040 shall be addressed on site, including provisions for an opportunity to recycle site of equal or greater size than the solid waste receptacle. PA-T I _2020-001 19 1372 Woodland Dr. /bIg Page 5 August 7, 2020 Bill MoInar, Community Development Director Date PA-TI-2020-00119 1372 Woodland Dr. /bIg Page 6 August 7, 2020 Notice of Final Decision On August 7, 2020, the Community Development Director approved the request for the following: Planning Action: PA-TI-2020-00119 Subject Property: 1372 Woodland Drive Applicant; Steven Newhall and Laura Lui / Ben Treiger Desci-iption: This is a request for a Site Design Review for the construction of a 598 square foot detached Accessory Residential Unit (ARU) at the rear of the property located at 1372 Woodland Drive, Four white oak trees will be removed from within the footprint of the proposed ARU. COMPREHENSIVE PLAN DESIGNATION: Single-Farnily Residential; ZONING: R-1-7.5 MAP: 39 IE 15BD; TAX LOT: 6100 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 inct 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, nt, located at 51 tri c c 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 Brandon Goldman in the Community Development Department at (541) 488-5305. cc: Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 Winburn Way Fax: 541-652-2050 Ashland, Oregon 97520 TTY: 800-735-2900 SECTION 18.5.1.050 Type I Pi-oeeclrn'e (A(lu7rirristr°ativ,e l)ecisicnr with Notice) E. Effective Date of Decision. Untess the conditions of approval specify otherwise or the decision is appealed pursuant to subsection '18.5.1.05O.G, a Type I decision becomes effective 12 days after theCity 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 rro 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 issr►e prior to making a decision, 2. Reconsideration requests shall be received within five clays of mailing the notice of decision. Tire 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. 'Pile Staff Advisor shall decide within ten days to affair, anodify', or reverse the original decision. Tire City shall send notice of the reconsideration decision to affirm, modify, or reverse to any party entitled to notice of the planning action. d. 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: L Who May Appeal. 'file 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.I3. c. Any other person who participated in the proceeding by submitting written comments on true application to the City by the specified deadline, 2. Appeal. Filing procedure. a. Notice aj'tlppeal. Any person with standing to appeal, as provided in subsection 18.5.I.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, tire fee for tire initial hearing ;shall be refunded. b. Time.f"or Filing. A notice of appeal shall be tiled with the Staff Advisor within 12 days of the date the notice of decision is mailed. C. Content o f Notice rfA1)1jea1.'I'lre 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; publie 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 nova hearings before tile 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 au•gruurents. The Co1uu71iS5iorS May allow additional evidence, testimony„ or argument concerning any relevant ordinance provision. A, 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 file 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 the 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 541A88-5305 51 ftbLwrn,Way Fax:541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 y, F-A a a I OMITA kite] A ITIM I STATE OF OREGON County of Jackson The undersigned being first duly sworn states that: 1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On August 7, 2020 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-T1-2020-00119, 1372 10TOMINUIRIOM e, 11/y Signature of Employee CAUsefs4&Whda AFNHB0esVopW-HQAVIT OF MMUNG.docx U712020 PA-T1-2020-00119 391E15BC500 BARTLETT JAMES K TRUSTEE ET A 1235 CEDAR RIDGE DR EUGENE, OR 97401 PA-T1-2020-00119 391 E15BC400 BOWEN CHARLOTTE L TRUSTEE ET 835 PALMER RD ASHLAND, OR 97520 PA-T1-2020-00119 391 El 5BD7100 CROWDER-COFFEE CYNTHIA 2305 ASHLAND ST #C ASHLAND, OR 97520 PA-T1-2020-00119 391E15BD5400 GOFF JOANNA K ET AL 821 INDIANA ST ASHLAND, OR 97520 PA-T1-2020-00119 391 El5BC3008 MARTIN NEIL M TRUSTEE ET AL 925 PENNY DR ASHLAND, OR 97520 PA-T1-2020-00119 391E 15BD6400 RAMSEY ROGER AIANN-MARIE C 1410 WOODLAND DR ASHLAND, OR 97520 PA-T1-2020-00119 39IE15BC3000 WHITE DESTINY MARIE ET AL 980 PENNY DR ASHLAND, OR 97520 8/712020 1372 Woodland NOD 20 PA-T1-2020-00119391E15BD7200 PA-T1-2020-00119391E15BD5900 BARTON KELLY L BOGGIA JANET 886 PALMER RD 818 PALMER RD ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2020-00119 391 E15BC301 PA-T1-2020-00119 391 E15BC3005 BURRIS ROY 0 TRUSTEE ET AL CHAMBERLAIN JIM ARTHUR TRUSTE 1420 HOLTON RD 865 PALMER RD TALENT, OR 97540 ASHLAND, OR 97520 PA-T1-2020-00119 391 E15BD5300 PA-T1-2020-00119 391 E15BC3016 DISHAROON JERRY B/TAMARA M DONLON JAMES A 1395 WOODLAND DR 1326 WOODLAND DR ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2020-00119 391E15BD6200 PA-T1-2020-00119 391 E15BD7101 GRACE JAMES MALCOLM JORDAN SCOTT T TRUSTEE ET AL 4205 CASWELL AVE 896 WEISSENBACK WAY AUSTIN, TX 78751 ASHLAND, OR 97520 PA-T1 -2020-00119 391 E 1 5BD6300 PA-T1-2020-00119391E156D6100 MOSLEY JOE W/SHARON D NEWHALL STEVEN RODLEY ET AL 1400 WOODLAND DR 1372 WOODLAND DR ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2020-00119 391 E15BD6000 PA-T1-2020-00119 391 E15BC3007 STAAL R J TRUSTEE VASQUEZ RUBEN RIH BARBARA 1375 WOODLAND DR 885 PALMER RD ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2020-00119 391E15BD7401 PA-T1-2020-00119 WHITE SAMILYNN HARRIS BEN THE BUILDERBEN TREIGER NO ADDRESS SUPPLIED 237 TALENT AVE TALENT, OR 97540 Planning Department, 51 Winbu_ day, Ashland, Oregon 97520 CITY F 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 -ASHLAND NOTICE OF APPLICATION PLANNING ACTION: PA-T1-2020-00119 SUBJECT PROPERTIES: 1372 Woodland Drive OWNER/ APPLICANT: Steven Newhall and Laura LLd / Ben Treiger DESCRIPTION: This is a request for a Site Design Review for the, construction of a 598 square foot detached Accessory Residential Unit (ARU) at the rear of the property located at 1372 Woodland Drive. Four white oak trees will be removed from within the footprint of the proposed ARU, COMPREHENSIVE PLAN DESIGNATION: Single -Family Residential; ZONING: R- 1 -7.5 MAP: 391 E 15BD; TAX LOT: 6100 I IM-11 K 4 ILI 1:1101 'Z4011 I.] ITI 16*1*1 L41 LI go] aTITI :4 1 a I R 0110141 LT1 I ITI I". OVER AcdonsTAs by " Streel\�1 'oodlandkWooailind_1372' Nlolicing\Wc)odland_1172 PA-TI-20M001 I q—NOCdocx (; The Ashland Planning Division Staff I }received a complete application for the pi "-rty noted on Page I of this, notice Because of the COVID-1 9 pandemic, application materials are provided online and comments will be accepted by email. Alternative arrangements, for reviewing the application or submitting comments can be made by contacting (541) 488-5305 or p .j.gLnijLrc j_@LqshIand.or.us. A copy of the application, including all documents, evidence and applicable criteria are available online at "What's Happening in my City" at bLttpL.//Ais.asli,land.or.usLdev@lgjLrngDtpoho, p_gsqLql, Copies of application materials will be provided at reasonable cost, if requested. Under extenuating circumstances, application materials may be requested to be reviewed in -person at the Ashland Community Development & Engineering Services Building, 51 Winburn Way, via a pre -arranged appointment by calling (541) 488-5305 or emailing plan ninci6DashIand.or, us. Any affected property owner or resident has a right to submit written comments to p!qqatqq�ashland.or.us or to the City of Ashland Planning Division, 51 Winburn Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown on Page Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice of decision is mailed to the sarne 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 letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court. If you have questions or comments concerning this request, please feel free to contact Brandon Goldman at 541-552-2076 or Brandon.( AoIdma.nash.Ia,nd,..or. LIS SITE DESIGN AND USE STANDARDS 18.52050 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 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,1,8,4 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. Actions\Ms by StreetlkV\WoodlandlWoodlaiid._1372kNoticitig\NN'c)odla,id 1372 PA-TI-2020-001 fl9 NOC.docx 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 residenfial unit is located in the R-1, R-1 -3.5, RR, NN and NM zones, Accessory residential units in the R-2 and R-3 zones require Site Design Review under chapter 118,5.2 and are not permitted outright under this subsection,. 2. The accessory residential unit meets all of the requirements of the applicable zone in subsections 18.2.3.040,13, C, E and F, below, except as otherwise exempted in subsection 18.2.3.040.A. 3. The size of the accessory residential unit is less than 500 square feet of gross habitable floor area (GHFA). 4, The accessory residential unit 'is attached to the primary residence or within an existing primary residence. Accessory residential units located in the Historic District overlay and including exterior building changes that require a building permit, and accessory residential units located in detached structures (i.e., not attached to the primary residence) require Site Design Review under chapter 18.5.2 and are not permitted outright under this subsection. 5 The property must have two off-street parking spaces, except that parking spaces, turn-arounds, and driveways are exempt from the requirements in subsections 1 and 2 of 18,4.3.080.D and paving requirements in subsection 18.4.3.080.EJ, 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. E. 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 18.0,080, except that parking spaces, turn-arounds, and driveways are exempt from the requirements in subsections 1 and 2 of 18.4,3,080,D and.paving requirements in subsection 18.4,1080.E1 C. RR Zone. In addition to the standards in subsection 18.2.3.040.13, accessory residential units in the RR zone shall meet the following requirements. 1. No on -street parking credits shall be allowed for accessory residential units, 2. If located in the Wildfire zone, the accessory residential unit shall have a residential sprinkler system installed, D. R-2 and R-3 Zones. Accessory residential units in the R-2 and R-3 zones shall meet the standards in subsection 18.2.3.040.13, except that the maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50 percent of the GHFA of the primary residence on the lot, and shall not exceed 500 square feet GHFA, E, NN Zones. Accessory residential units in the Normal Neighborhood District under chapter 18.3,4 shall meet the standards in subsection 18,2.3.040.B. F. NM Zones. Accessory residential units in the North Mountain Neighborhood NM zones under chapter 18.3.5 shall meet the standards in subsection 18.2.3,040.13, except that the maximum gross habitable floor area (GHFA) of the accessory residential unit must not exceed 750 square feet GHFA and that second story accessory residential units constructed above a detached accessory building must not exceed 500 square feet GHFA. AWansT As by 5trect\%%'1Wood[mid\Nk'oodland,.1372\Nloticiii&\Wood4and_1372—PA-TI-2020-0,0119 NOC docx 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 July 22, 2020 1 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for the Planning Action #PA-T1-2020-00119, 1372 Woodland Drive. Sig tore of Employee C.lUsersVfapprlDeskloplTempialeaWFiDAMT OF d,WLING_Regan.doex 712212020 PA-T1-2020-00119 391E15BC301 BURRIS ROY 0 TRUSTEE ET AL 1420 HOLTON RD TALENT, OR 97540 PA-T1-2020-00119 391E15BC3000 WHITE DESTINY MARIE ET AL 980 PENNY DR ASHLAND, OR 97520 Easy .^ el "Address Labels PA-T1-2020-00119 391E15BC400 BOWEN CHARLOTTE L TRUSTEE ET 835 PALMER RD ASHLAND, OR 97520 PA-T1-2020-00119 391E15BC3008 MARTIN NEIL M TRUSTEE ET AL 925 PENNY DR ASHLAND, OR 97520 PA-T1-2020-00119 391E15BD5400 PA-T1-2020-00119 391E15BD5900 GOFF JOANNA K ET AL BOGGIA JANET 821 INDIANA ST 818 PALMER RD ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2020-00119 391E15BD6100 NEWHALL STEVEN RODLEY ET AL 1372 WOODLAND DR ASHLAND, OR 97520 PA-T1-2020-00119 391EISBD7101 JORDAN SCOTT T TRUSTEE ET AL 896 WEISSEN BACK WAY ASHLAND, OR 97520 PA-T1-2020-00119 391E1513D6200 GRACE JAMES MALCOLM 4205 CASWELL AVE AUSTIN, TX 78751 PA-T1-2020-00119 391E158C3005 CHAMBERLAIN JIM ARTHUR TRUSTE .865 PALMER RD ASHLAND, OR 97520 PA-T1-2020-00119 391E15BC3016 PA-T1-2020-00119 391E15BD6300 DONLON JAMES A MOSLEY JOE W/SHARON D 1326 WOODLAND DR 1400 WOODLAND DR ASHLAND, OR 97520 ASHLAND, OR 97520 •UseAveryTL p. �� PA-T1-2020-00119 391E15BC500 BARTLETT JAMES K TRUSTEE ETA .1235 CEDAR RIDGE DR EUGENE, OR 97401 PA-T1-2020-00119 391E1513D5300 DISHAROON JERRY B/TAMARA M 1395 WOODLAND DR ASHLAND, OR 97520 PA-T1-2020-00119 391E15BD6000 STAAL R J TRUSTEE 1375 WOODLAND DR ASHLAND, OR 97520 PA-T1-2020-00119 391F15BD7100 CROWDER-COFFEE CYNTHIA 2305 ASHLAND ST #C ASHLAND, OR 97520 PA-T1-2020-00119 391E15BC3007 VASQUEZ RUBEN R/H BARBARA 88S PALMER RD ASHLAND, OR 97520 PA-T1-2020-00119 391E15BD6400 RAMSEY ROGER A/ANN-MARIE C 1410 WOODLAND DR ASHLAND, OR 97520 PA-T1-2020-00119 391E15BD7200 PA-T1-2020-00119 391EISBD7300 PA-T1-2020-00119 BARTON KELLY L WHITE SAM/LYNN HARRIS BEN TREIGER 886 PALMER RD 237 TALENT AVE ASHLAND, OR 97520 TALENT, OR 97540 PA-T1-2020-00119 1372 Woodland NOC 20 RMT .r Planning Division 51 Winburn Way, Ashland OR 97520 CITY a -AS HI LAN D 541-488-5305 Fax 541-488-6006 ZONING PERMIT APPLICATION FILE # PA-TI-2020-00119 DESCRIPTION OF PROJECT 598 sf ARU in the southeast corner of the property. Existing 1766 sf house unchanged DESCRIPTION OF PROPERTY Street Address 1372 Woodland Drive Pursuing LEED() Certification? ❑ YES ❑ NO Assessor's Map No. 391 E 15BD Tax Lot(s) 6100 Zoning R-1 -7.5 APPLICANT Name Ben Treiger Comp Plan Designation Single family residential district Phone 541-621-7862 E-mail bentreiger@gmail.com Address 237 Talent Ave • City Talent zip 97540 PROPERTY OWNER Name Steven Newhall and Laura Lui phone 239-887-0791 E-Mail laura.lui87@gmail.com Address 1372 Woodland Drive SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER Title Name Phone Address Title Address Phone City Ashland City City _ zip 97520 E-Mail zip _ E-Mail Zip _ 1 hereby certify that the statements and information contained in this application, including the enclosed drawings and the roquired findings of fact, are in aft 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 thoir location found to be incorrect, the owner assumes full responsibility. f 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 furnished justifies the granting of the request; 3) that the findings of fact furnished by me are adequate; and further q) 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 at my expense. If 1 have any doubts, I am advised to seek competent professional advice and assistance. `� -- 7/13/20 -Applicant's Sr a Date As owner of the property involved in this request, I have read and understood the complete application and its consequences to nre as a property owner. r[zz� zza 07/13/2020 Property Owner's Signature (required) Date no be completed by city stale Date Received zoning Permit Type P- Filing Fee OVER /1 R E C I E V E D BY E M A I L 7/ 151,2 2G & HandoutslZoning Permit Application.doc ZONING PERMIT SUBMITTAL REQUIREMENTS ® APPLICATION FORM must be completed and signed by both applicant and property owner. ® FINDINGS OF FACT -- Respond to the appropriate zoning requirements in the form of factual statements or findings of fact and supported by evidence. List the findings criteria and the evidence that supports it. Include information necessary to address all issues detailed in the Pre -Application Comment document. ® 2 SETS OF SCALED PLANS no larger than 11"xl7". Include site plan, building elevations, parking and landscape details. (Optional —1 additional large set of plans, Zx3', 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 Professional as part of the project team throughout design and construction of the project; and • The LEED® checklist indicating the credits that will be pursued. NOTE; • Applications are accepted on a first come, first served basis. • Applications will not be accepted without a complete application form signed by the applicant(s) AND property owner(s), all required materials and full payment. • All applications received are reviewed for completeness by staff within 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. R E C I E V E D B Y E M A I L 7/ 1, 51,2 20, K ilandoulslZoning Permil Application.&& 1372 Woodland Drive Zoning Permit Application Narrative Page 1 of 4 Applicant: Ben Treiger Ben the Builder, Inc. 237 Talent Ave, Talent, OR 97540 541-621-7862 bentreiger@gmail.com Property: 1372 Woodland Drive, Ashland, OR 97520 39 1E 15 BD 6100 Zoning Permit Application Narrative Property owners: Steven Newhall and Laura Lui 1372 Woodland Drive, Ashland, OR 97520 239-887-0791 newh8712@pacificu.edu laura.lui87@gmail.com A 598 square foot freestanding one story ARU will be built in the back of the property. The existing 1766 square foot one story house with basement will remain unchanged. The proposed gross area of all the structures will be 2826 square feet. The existing gross area of all the structures is 2228 square feet: 1282 sf main house living area, 484 sf finished basement, 198 sf unfinished basement, 264 sf garage. The proposed ARU complies with the underlying zone R-1-7.5 and the comprehensive plan designation Single Family Residential District. The proposed ARU will be the only ARU on the lot and the lot contains one existing house. The proposed plan will result in the maximum permitted two dwelling units on the lot. The proposed ARU is less than 50 percent of the gross habitable floor area of the primary residence and does not exceed 1000 square feet of GHFA. Lot coverage The proposed percent lot coverage by structures is 2144 square feet: 1282 sf house footprint, 264 sf garage, 598 sf ARU. Including driveways and walkways, the proposed percent impervious lot coverage is 4664 square feet: 2144 sf structures footprint, 1720 sf driveways, and 800 sf walkway and patio. The proposed percent lot coverage by structures and impervious areas is 4664 sf / 11700 sf = 39.9%. The maximum permissible impervious lot coverage is 45%, the proposed lot coverage is below the maximum. The proposed landscaped area is 7036 square feet, 60.1% of the lot size. Recreation area is 1117 square feet: 677 sf deck and 440 sf patio. RECIEVE® BY EMAIL 7/15/2020 1372 Woodland Drive zoning Permit Application Narrative Page 2 of 4 Setbacks The setbacks are 20' from the front property line, 6' from the side property lines, and 10' per story for the rear property line. The proposed single story ARU is 10' from the rear property line and 6' from the side property line, which meets the minimum standard. Solar access N/S lot dimension is 130 feet. Slope is -6/150 = -.04 Degree of slope is tan-'(-.04) = -.04 Formula I = 30'/(0.445-.04) = 74.07' The N/S lot dimension exceeds calculation for Formula I, and the lot is residential, so Standard A will be used. SSB = (15'11"-6')/(0.445-.04) = 24.48' minimum setback from the property line. The proposed structure is setback from the property line 90', and meets the solar access requirements. Parking Existing onsite parking consists of a one car garage and an additional space in the primary driveway. There is a second non -conforming driveway without an official curb on the side of the existing home. There is 117 feet of on -street parking along the Palmer Street frontage of the property. No changes are proposed to the existing parking. The existing parking is sufficient to serve the parking requirements for the proposed ARU. The secondary driveway is non -conforming due to its lack of curb cut and its proximity to the street corner. No changes are proposed to the parking on the property and this non- conforming driveway condition will remain in place. The owners recognize the need to sign a non -remonstrance agreement for potential future improvements to the streets that might impact or eliminate the non -conforming driveway. Pedestrian path A pedestrian path connection the ARU from the parking area and from the street is proposed along the east side of the existing house. Street trees Street trees are distributed along Woodland Drive and Palmer Road on an interval of greater than one tree every 30 feet. Trees are noted on the plans. No street trees will be harmed during the construction process. A Blue Spruce, 22.6" dbh, is located at the western corner of the Woodland frontage and will not be affected by installation of water, gas, and sewer piping. Storm drain piping will be installed through the dripline of the spruce to the street. Excavation within the dripline RELIEVED BY EMAIL 7/15/2020 1372 Woodland Drive zoning Permit Application Narrative Page 3 of 4 will be done by hand, roots will be sawn and not ripped by equipment, no roots larger than 3" diameter will be cut. Tree protection and tree removal plan The trees on the lot have been mapped and noted in the plans. Trees that will remain in place will be protected with tree protection fencing at the drip lines and signs disallowing disturbance within the fenced areas. Four white oak trees will be removed from within the footprint of the proposed ARU ranging from 8.9" to 12.7" dbh. An excavator access path will provide access to the footprint of the ARU for excavation and construction. This path will avoid tree dripline as much as possible, though the path will cross the driplines of several trees, per plan. Tree protection fencing and a maximally light footprint will minimize impact on the trees from the excavator access path. Landscape plan A landscape plan has been included in the plans. No grade changes will alter grade beyond any property lines. The majority of the lot consists of existing forest land, featuring large trees and mulch/duff ground cover. Existing trees will cover the majority of the landscaped area. Any disturbed forest land will be returned to forestland condition. The landscaping in the front yard is mature and will remain unchanged. Landscaping around the ARU will consist of irrigated plantings along a hardscape pedestrian path leading from the street and parking area. A flat patio around the back of the structure with retaining walls around the edges and an irrigated planted area between the ARU and the lot line. Irrigated plantings will be installed above the patio retaining wall. A retaining wall planter with irrigated plantings will be placed at the upper front corner of the ARU. A non-combustible border next to the wall lines along all sides of the ARU will be installed. All irrigated plantings will be fire -safe. Building materials The proposed ARU will be painted a neutral color. The roofing will be metal. The siding will be fiber cement. Fire Address labels will be installed that are visible and legible from the street, contrast with their background, and are at least 4" tall. The nearest fire hydrant is on the northeast corner of the intersection of Woodland Drive and Palmer Road. The distance from the hydrant to the driveway is 120'. The distance from the driveway to the back of the proposed ARU is 129', The hydrant has more than 3 feet clearance around all sides. RECIEVED BY EMAIL 7/15/2020 1372 Woodland Drive Zoning Permit Application Narrative Page 4 of 4 A firefighter access pathway will extend from Woodland Drive to and around the proposed ARU. A gate at the front corner of the existing house will be readily openable and serve to restrict dog exit and deer entrance. Roofing will be fire-resistant metal. Vegetation, both existing and planted, will meet General Fuel Modification Area Standards and conform to Fire Wise guidelines. Public works New connections to sewer and water will be required. Public works will be contacted and any work will be permitted before it begins. Sewer and water are in Woodland Drive. Storm water drains will connect to a storm drain in Woodland Drive. The existing electrical pole will remain in place. It is 102' from the intersection of Woodland Drive and Palmer Road and is 25' from the curb on Palmer Road. It is also marked on the plans. A double meter will be installed on the existing house. Power feed to the new ARU will extend from the new meter in an underground conduit to the ARU. The electrical department has indicated a willingness to install an upgraded drop from the electrical pole to the new meters. Erosion and sediment control measures will be implemented. Ground disturbance will be limited to under 1000 square feet. Sediment control barrier fencing will be installed along the west and south property line. Track out will be managed with a shale and gravel excavation entrance to the street. 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"dbh X� J to UA V z= 43 cl lL b � U EE`` 4� Q V �1 > W � m C7 T— o CA n Ln DAiE 7/14/2020 SCALE: