HomeMy WebLinkAboutHelman_131_PA-T1-2022-00176CITY OF
ASHLAND
March 23, 2022
Notice of Final Decision
On March 23, 2022, the Community Development Director approved the request for the
following:
Planning Action: PA -T1-2022-00176
Subject Property: 131 Helman Street
Applicant: Peter Cipes for Chappell
Description: A request for a Conditional Use Permit to restore and add a small addition
to an existing home that is "Historic Contributing". Because of the extent of the restoration a
demolition permit is also being processed concurrently with the building department. The
existing home has a non -conforming front yard setback, and because the structure is being added
onto rather than being reconstructed in its existing 3d envelope a CUP is required.
COMPREHENSIVE PLAN DESIGNATION: Multi -Family Residential; ZONING: R-3;
MAP: 39 IE 04 CC, TAX LOT: 4800
The Community Development Director's decision becomes final and is effective on the 12th day
after the Notice of Final Decision is mailed. Approval is valid for a period of 18 months and all
conditions of approval identified on the attached Findings are required to be met prior to project
completion.
The application, all associated documents and evidence submitted, and the applicable criteria are
available for review at the Ashland Community Development Department, located at 51
Winburn Way. Copies of file documents can be requested and are charged based on the City of
Ashland copy fee schedule.
Prior to the final decision date, anyone who was mailed this Notice of Final Decision may
request a reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO)
18.5.1.050(F) and/or file an appeal to the Ashland Planning Commission as provided in ALUO
18.5.1.050(G). The ALUO sections covering reconsideration and appeal procedures are attached.
The appeal may not be made directly to the Oregon Land Use Board of Appeals.
If you have any questions regarding this decision, please contact Johanna Tuthill 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 Winbum Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.orms 911A
SECTION 18.5.1.050 Type I Procedure (Administrative Decision with Notice)
E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to
subsection 18.5.1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision.
F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below.
1. Any party entitled to notice of the planning action, or any City department may request reconsideration of the action
after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no
fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision.
Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence
during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity
to respond to the issue prior to making a decision.
2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall
decide within three days whether to reconsider the matter.
3. If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the
decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse
the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any
party entitled to notice of the planning action.
4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the
reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration.
G. Appeal of Type I Decision. A 'Type I decision may be appealed to the Planning Commission, pursuant to the following:
I. Who May Appeal. The following persons have standing to appeal a Type I decision.
a. The applicant or owner of the subject property.
b. Any person who is entitled to written notice of the Type I decision pursuant to subsection
18.5.1.050.B.
c. Any other person who participated in the proceeding by submitting written comments on the application to the
City by the specified deadline.
2. Appeal Filing Procedure.
a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.050.G.1, above, may
appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of this
subsection. The fee required in this section shall not apply to appeals made by neighborhood or community
organizations recognized by the City and whose boundaries include the site. If an appellant prevails at the hearing
or upon subsequent appeal, the fee for the initial hearing shall be refunded.
b. Time for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of
decision is mailed.
c, Content of Notice ofAppeal. The notice of appeal shall be accompanied by the required filing fee and shall contain.
i. An identification of the decision being appealed, including the date of the decision.
ii. A statement demonstrating the person filing the notice of appeal has standing to appeal.
iii. A statement explaining the specific issues being raised on appeal.
iv. A statement demonstrating that the appeal issues were raised during the public comment period.
d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a
jurisdictional defect and will not be heard or considered.
3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before the
Planning Commission. The appeal shall not be limited to the application materials, evidence and other documentation,
and specific issues raised in the review leading up to the Type I decision, but may include other relevant evidence and
arguments. The Commission may allow additional evidence, testimony, or argument concerning any relevant
ordinance provision.
4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type II public hearing procedures,
pursuant to section 18.5.1.060, subsections A — E, except that the decision of the Planning Commission is the final
decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the
adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of
Appeals, pursuant to ORS 197.805 - 197.860.
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541.488.5305
51 Winbum Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us II
ASHLAND PLANNING DEPARTMENT
FINDINGS & ORDERS
PLANNING ACTION: PA -T1-2022-00176
SUBJECT PROPERTY: 131 Helman Street
OWNER/APPLICANT: Peter Cipes for Chappell
DESCRIPTION: A request for a Conditional Use Permit to restore and add a small
addition to an existing home that is "Historic Contributing". Because of the extent of the restoration
a demolition permit is also being processed concurrently with the building department. The
existing home has a non -conforming front yard setback, and because the structure is being added
onto rather than being reconstructed in its existing 3d envelope a CUP is required.
COMPREHENSIVE PLAN DESIGNATION: Multi -Family Residential; ZONING: R-3;
MAP: 39 1 E 04 CC, TAX LOT: 4800
SUBMITTAL DATE:
February 4, 2022
DEEMED COMPLETE DATE:
February 17, 2022
STAFF APPROVAL DATE:
March 23, 2022
DEADLINE TO APPEAL (4:30 p.m.):
April 4, 2022
FINAL DECISION DATE:
April 5, 2022
APPROVAL EXPIRATION DATE:
October 5, 2023
DECISION
The proposal is to reconstruct an existing legally non -conforming structure identified as a single-
family residence while also expanding the building envelope both to the north and to the west.
The existing building is non -conforming with regard to front yard setback. Application materials
indicate that at the closest point the structure is 15'-7" from the eastern property line where a 20 -
foot setback would normally be required. As provided in AMC 18.1.4.030.B a nonconforming
structure may be altered (i.e., reconstructed, enlarged, or modified) subject to approval of a
Conditional Use Permit (CUP). The application notes that the proposed reconstruction will not
increase the nature of the non -conformity.
The subject property is located on the west side of Helman Street between Van Ness and Central
Avenues. The property and surrounding neighborhood on the west side of Helman is zoned R-3
and is generally characterized by single family development, to the east of Helman is zoned E-1.
The subject property is 0.09 acres in size and is developed with a single-family residence and a
small accessory building at the rear of the property. The property is located within the Skidmore
Academy Local Historic District and is therefore subject to Historic District Design Standards.
According to the National Register of Historic Landmarks {survey 4816), the property was built
as a "single -story gable bungalow with a projecting front gable porch" in 1945 and is known as
the "Smith-Platko House".
The proposed changes relating to the proposed addition are de minimis in nature. The structure is
proposed to be extended to the rear (west) by 3'-6" to create space for a new kitchen and to
increase the size of bedroom 1. The proposal also includes an addition that extends 5'-6" to the
PA -T1-2022-00176
131 Helman St /aa/jt
Page 1
north to expand the single bathroom. The total area added in the addition is 128.5 sq. ft.. As
stated in the application "the street -facing fagade of the restored dwelling will be practically
identical to the existing facade".
At the March 2°d Historic Commission meeting the application was reviewed. The Historic
Commission recommends the following condition of approval, to retain original exterior siding,
windows, and trim, or to match any new siding, windows, and trim to the original. The Historic
Commission requests additional application materials that show window details to ensure
historic accuracy. The applicant has noted that retaining the original siding is not feasible. In
order to be "a) properly braced for seismic and wind loads and, b) as fire resistant as possible",
the applicant plans to utilize TruExterior V -Rustic siding constructed from poly -ash material,
stating that "The I x 6 version is nearly an exact match with the existing siding". The applicant
agrees that new windows will match the inset, trim, and design of the original.
The application complies with all of the applicable provisions of the R-3 zoning district or are
legally non -conforming. The property is currently served by adequate City facilities for water,
sewer, storm drainage and electricity. Based upon information included with the application and
in the record, staff concludes that the proposal will not have a greater adverse material impact on
the impact area in terms of architectural compatibility, air quality, and generation of traffic,
noise, light and glare, or the development of adjacent properties, or the target use allowable
within the zone.
In accordance with the Land Use Ordinance, Notice of Complete Application (HOCA) was
mailed to all surrounding properties within 200' of the subject property as well as a physical
notice posted along the frontage. No public comment received either in favor or against.
The applicant has provided findings to the Planning Department that demonstrate compliance
with these approval standards and by their reference are incorporated herein as if set out in full.
A Conditional Use Permit shall be granted if the approval authority finds that the application
meets all of the following criteria, or can be made to conform through the imposition of
conditions.
1. That the use would be in conformance with all standards within the zoning district in which the
use is proposed to be located, and in conformance with relevant Comprehensive plan policies
that are not implemented by any City, State, or Federal law or program.
2. That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage,
paved access to and throughout the development, and adequate transportation can and will
be provided to the subject property.
3. That the conditional use will have no greater adverse material effect on the livability of the
impact area when compared to the development of the subject lot with the target use of the
zone, pursuant with subsection 18.5.4.050.A.5, below. When evaluating the effect of the
proposed use on the impact area, the following factors of livability of the impact area shall be
considered in relation to the target use of the zone.
a. Similarity in scale, bulk, and coverage.
PA -T1-2022-00176
131 Helman St /aa/jt
Page 2
b. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle,
and mass transit use are considered beneficial regardless of capacity of facilities.
c. Architectural compatibility with the impact area.
d. Air quality, including the generation of dust, odors, or other environmental pollutants.
e. Generation of noise, light, and glare.
f. The development of adjacent properties as envisioned in the Comprehensive Plan.
g. Other factors found to be relevant by the approval authority for review of the proposed
use.
4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted
pursuant to this ordinance.
5. For the purposes of reviewing conditional use permit applications for conformity with the
approval criteria of this subsection, the target uses of each zone are as follows.
b. R-3. Residential use complying with all ordinance requirements, developed at the density
permitted by chapter 18.2.5 Standards for Residential Zones.
The staff advisor concludes that the application with the attached conditions complies with
applicable ordinances and meets all required criteria. Therefore, Planning Action #PA -TI -2022-
00176 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 # PA -T I -
2022-00176 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 shall be obtained, and associated fees and charges
including applicable system development charges 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 Conditional Use Permit 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. Solar setback calculations demonstrating that all new construction complies with
Solar Setback Standard A in the formula [(Height — 6)1(0.445 + Slope) = Required
Solar Setback] and elevations or cross section drawings clearly identifying the
highest shadow producing point(s) and the height(s) from natural grade.
c. That a General Fuel Modification Area fuel reduction plan addressing the
PA -T1-2022-00176
131 Helman St /aa/jt
Page 3
requirements in AMC 18.3.10.100.B shall be provided prior to bringing
combustible materials onto the property, and any new landscaping proposed shall
comply with these standards and not include plants listed on the Prohibited
Flammable Plant List per Resolution 2015-028.
4) That all recommendations of the Ashland Historic Commission, where consistent with
the applicable ordinances and standards and with final approval of the Staff Advisor,
shall be conditions of approval unless otherwise modified herein. Historic Commission
conditions include:
a. Retainment of as much of the original 1x6 wide -V groove tongue & groove
(T&G) siding as possible.
b. New siding should replicate the historic siding with lx6 wide -V groove T&G of a
similar profile.
c. Windows & trim are to be retained where possible, or match original. Windows
should be inset, rather than having them sit flush with the face of the siding, and
the color of any replacement vinyl windows should be off-white, tan or
putty. Sills, trim and other details shall match the original, and where windows
are moved, the historic separation typical for double double -hung windows should
be retained.
5) 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.
C
Bill Molnar, Community Development Director
March 23, 2022
Date
PA -T1-2022-00176
131 Helman St /aa/jt
Page 4
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 Maini, Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On March 23, 2022 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 -T1-2022-00176, 131
Heiman Street.
Signature of Employee
Gtamm-devoanninglRannTng Adansl% by StreetBHHe9manNelmaiL$31M1Heiman_131_PA-Tl-2022-00176hNotcinglNOi)lHalman-t31_?A-TI-2022-00176_NOD_Affidavit of Mairing,dax 31212022
PA -T1-2022-00176 391E04CC2300
AGUILAR JORDAN ASHLEY/SHELDON
PO BOX 1953
JACKSONVILLE, OR 97530
PA -T1-2022-00176 391E04CC4500
BALDWIN ROBERT
5243 PIONEER RD
MEDFORD, OR 97501
PA -T1-2022-00176 391E04CC4800
CHAPPELL CURTIS C TRUSTEE ET
522 MYRTLE AVE
MODESTO, CA 95350
PA -T1-2022-00176 391E04CC2700
GREENE FAMILY LIMITED LIABILI
367 OXFORD ST
ASHLAND, OR 97520
PA -T1-2022-00176 391E04CC2000
MAGNOLIA INVESTMENT GROUP LLC
2974 CHAPMAN LN
ASHLAND, OR 97520
PA -T1-2022-00176 391E04CC7600
MICHAELS CYNTHIA LOUISE
145 CENTRAL AVE
ASHLAND, OR 97520
PA -T1-2022-00176 391E04CC4900
ROGERS BRIAN S TRUSTEE ET AL
117 HELMAN ST
ASHLAND, OR 97520
PA -T1-2022-00176 391E04CC7500
SHIELDS JOAN DARLENE
123 CENTRAL AVE
ASHLAND, OR 97520
PA -T1-2022-00176 391E04CC2400
ARCHER FELIPE B ET AL
171 HELMAN ST
ASHLAND, OR 97520
PA -T1-2022-00176 391E04CC2500
BROUILLARD MARK TODD/DONNA
159 HELMAN ST
ASHLAND, OR 97520
PA -T1-2022-00176 391E04CC5000
COMMUNITY HEALTH CENTER INC
246 FOURTH ST
ASHLAND, OR 97520
PA -T1-2022-00176 391E04CC2900
HIRSCHBOECK ROBERT W TRUSTEE
71 SCENIC DR
ASHLAND, OR 97520
PA -Tl -2022-00176 391E04CC2100
1 MAGNOLIA INVESTMENT GROUP LLC
2974 CHAPMAN LN
ASHLAND, OR 97520
PA -T1-2022-00176 391E04CC90000
NORTH JAMES E/ DEBRA J
85 CENTRAL AVE
ASHLAND, OR 97520
PA -T1-2022-00176 391E04CC4300
ROSS SANDRA LYNN TRSTEE FBO
10409 CLAYSTO N E DR
DENTON, TX 76207
PA -T1-2022-00176 391E04CC7400
SMITH ANDREW K ET AL
75 HELMAN ST
ASHLAND, OR 97520
. toavery.conift—cm -S
PA -T1-2022-00176 391E04CC5100
BAKER BARRY A/MICHELLE A
122 HELMAN ST
ASHLAND, OR 97520
PA -T1-2022-00176 391E04CC2600
BROWN MICHAEL HAROLD & PHYLLI
119 VAN N ESS AVE
ASHLAND, OR 97520
PA -T1-2022-00176 391E04CC5200
GEARY EDWARD A TRUST ET AL
345 HARRISON ST
ASHLAND, OR 97520
PA -T1-2022-00176 391E04CC7100
LIVNI GIL
2974 CHAPMAN LN
ASHLAND, OR 97520
PA -T1-2022-00176 391E04CC4600
MERCER KYLE K
258 A ST PMB 1-106
ASHLAND, OR 97520
PA -T1-2022-00176 391E09136400
PLAZA HOSPITALITY LLC
108 N WASHINGTON ST 603
SPOKANE, WA 99201
PA -T1-2022-00176 391E04CC4700
SCHLITZER MARGRET BRAY
145 HELMAN ST
ASHLAND, OR 97520
PA -T1-2022-00176 391E04CC2800
SNIFFEN MATTHEW S/REBECCA A
99 UNION ST
ASHLAND, OR 97520
PA -T1-2022-00176 391E04CC4400 PA -T1-2022-00176 391E04CC5300 PA -T1-2022-00176
VAN AKEN LOIS E TRUSTEE ET AL WILSON DONALD A TRUSTEE ET AL PETER CIPES
140 CENTRAL AVE 152 HELMAN ST 317 N. MAW ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
131 Helman NOD
3/23/22
27
Planning Department, 51 Winburn 1. „ Ashland, Oregon 97520 CITY OF
541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 ASHLAND
NOTICE OF APPLICATION
PLANNING ACTION: PA -TI -2022-00176
SUBJECT PROPERTY: 131 Helman Street
OWNERIAPPLICANT: Peter Cipes for Chappell
DESCRIPTION: A request for a Conditional Use Permit to restore and add a small addition to an existing home.
Because of the extent of the restoration a demolition permit is also being processed concurrently with the building
department. The existing home has a non -conforming front yard setback, and because the structure is being added
onto rather than being reconstructed in its existing 3d envelope a CUP is required. COMPREHENSIVE PLAN
DESIGNATION: Multi -Family Residential; ZONING: R-3; MAP: 39 1E 04 CC, TAX LOT: 4800
NOTE: The Ashland Historic Commission will review this Planning Action on Wednesday, March 2, 2022 at 8:00 PM
NOTICE OF COMPLETE APPLICATION: February 17, 2022
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS; March 3, 2022
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Historic Commission Meetings
Notice is hereby given that the Historic Comn pion will hold an electronic public hearing c ie above described planning action
on the meeting date and time shown on Page 1. If you would like to watch and listen to the i ree Commission meeting virtually, but
not participate in any discussion, you can use the Zoom link posted on the City of Ashland calendar website
https:llwww.ashIand,or.us/calendar,asp .
Oral testimony will be taken during the electronic public hearing. If you wish to provide oral testimony during the electronic
meeting, send an email to PC-public4estimony@ashiand.or.us by 10:00 a.m. on Tuesday March 1, 2022. In order to provide
testimony at the public hearing, please provide the following information: 1) make the subject line of the email "Advisory
Commission Testimony Request", 2) include your name, 3) specify the date and commission meeting you wish to testify at, 4)
specify the agenda item you wish to speak to, 5) specify if you will be participating by computer or telephone, and 6) the name you
will use if participating by computer or the telephone number you will use if participating by telephone.
In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact
the City Administrator's office at 541-488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting
will enable the City to make reasonable arrangements to ensure accessibility to the meeting. (28 CFR 35.102.-35.104 ADA Title 1),
CONDITIONAL USE PERMITS See hft s://ashiand.munici al.codes/LandUse118.5.4.050
A Conditional Use Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to
conform through the imposition of conditions.
1. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located,
and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or
program.
2. That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the
development, and adequate transportation can and will be provided to the subject property.
G-VcommdevlplanningTIanning ActionsTAS by Street\MBeimanlHelman_1311Helman—l33_PA-'PI-2022-00176WoticinplHelman_131 PA-T]-2022-00176_NOC.docx
That the conditional use will have no gree - adverse material effect on the livability of the Fnnoact area when compared to the
development of the subject lot with the tara,.k use of the zone, pursuant with subsection 18.11 ,50.A.5, below. When evaluating
the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in
relation to the target use of the zone.
a. Similarity in scale, bulk, and coverage.
b. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered
beneficial regardless of capacity of facilities.
C. Architectural compatibility with the impact area.
d. Air quality, including the generation of dust, odors, or other environmental pollutants.
e. Generation of noise, light, and glare.
f. The development of adjacent properties as envisioned in the Comprehensive Plan.
g. Other factors found to be relevant by the approval authority for review of the proposed use.
4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance.
5. For the purposes of reviewing conditional use permit applications for conformity with the approval criteria of this subsection, the
target uses of each zone are as follows.
a. WR and RR. Residential use complying with all ordinance requirements, developed at the density permitted by chapter
18.2.5 Standards for Residential Zones.
b. R-1. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5
Standards for Residential Zones.
C. R-2 and R-3. Residential use complying with all ordinance requirements, developed at the density permitted by chapter
18.2.5 Standards for Residential Zones.
d. C-1. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an
intensity of 0.35 floor to area ratio, complying with all ordinance requirements; and within the Detailed Site Review
overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance requirements.
e. C -1-D. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an
intensity of 1.00 gross floor to area ratio, complying with all ordinance requirements.
f. E-1. The general office uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0.35
floor to area ratio, complying with all ordinance requirements; and within the Detailed Site Review overlay, at an
intensity of 0.50 floor to area ratio, complying with all ordinance requirements.
g. M-1. The general light industrial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, complying with all
ordinance requirements.
h. CM -C1. The general light industrial uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.50
gross floor to area ratio, complying with all ordinance requirements.
i. CM -0E and CM -MU. The general office uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of
0.60 gross floor to area, complying with all ordinance requirements.
k. CM -NC. The retail commercial uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.60 gross
floor to area ratio, complying with all ordinance requirements.
1. HC, NM, and SOU. The permitted uses listed in chapters 18.3.3 Health Care Services, 18.3.5 North Mountain
Neighborhood, and 18.3.6 Southern Oregon University District, respectively, complying with all ordinance
requirements.
G:lcamm-devlplanning`Planaitng Actiom9 PAs by StreetllnlIelmanSHelman_I3 Molmad_13l_PA-TI-202.2-001761Noticinglllelman_I3l_PA-T I -2022-DDI75 NOC.docx
AFFIDAVIT OF MAILING
STATE OF OREGON
County of Jackson
The undersigned being first duly sworn states that:
I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On February 17, 2022, 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 -T1-2022-00176, 131 Helman.
Signature of Employee
GAcomm-de4l2nningkRanning AchonsTAs byStreetHWelmanVolman_13t1Hefman_131_PA-Tt-2022-0017$WadcingWetman_931_PA-Ti-2022-00175_AiiolMaging.docz 2117022
PA -T1-2022-00176 391E04CC2300
AGUILAR JORDAN ASHLEY/SHELDON
PO BOX 1953
JACKSONVILLE, OR 97530
PA -T1-2022-00176 391E04CC4S00
BALDWIN ROBERT
5243 PIONEER RD
MEDFORD, OR 97501
PA -T1-2022-00176 391E04CC4800
CHAPPELL CURTIS C TRUSTEE ET
522 MYRTLE AVE
MODESTO, CA 95350
PA -TS -2022-00176 391E04CC2700
GREENE FAMILY LIMITED LIABILI
367 OXFORD ST
ASHLAND, OR 97520
PA -T1-2022-00176 391E04CC2000
MAGNOLIA INVESTMENT GROUP LLC
2974 CHAPMAN LN
ASHLAND, OR 97520
PA -T1-2022-00176 391E04CC7600
MICHAELS CYNTHIA LOUISE
145 CENTRAL AVE
ASHLAND, OR 97520
PA -T1-2022-00176 391E04CC4900
ROGERS BRIAN S TRUSTEE ET AL
117 HELMAN ST
ASHLAND, OR 97520
PA -T1-2022-00176 391E04CC7500
SHIELDS JOAN DARLENE
123 CENTRAL AVE
ASHLAND, OR 97520
PA -T1-2022-00176 391E04CC4400
:VAN AKEN LOIS E TRUSTEE ETAL
140 CENTRAL AVE
ASHLAND, OR 97520
IIA -T1-2022-00176 391E04CC2400
ARCHER FELIPE B ET AL
171 HELMAN ST
ASHLAND, OR 97520
PA -T1-2022-00176 391E04CC2500
BROUILLARD MARK TODD/DONNA
159 HELMAN ST
ASHLAND, OR 97520
UscAvrryTe�n��l.�le5iff� i
1---1-1-2022-00176 391E04CC5100
BAKER BARRY A/MICHELLE A
122 HELMAN ST
ASHLAND, OR 97520
PA -T1-2022-00176 391E04CC2600
BROWN MICHAEL HAROLD & PHYLLI
119 VAN NESS AVE
ASHLAND, OR 97520
PA -T1-2022-00176 391E04CC5000 PA -T1-2022-00176 391E04CC5200
COMMUNITY HEALTH CENTER INC GEARY EDWARD A TRUST ET AL
246 FOURTH ST 345 HARRISON ST
ASHLAND, OR 97520 ASHLAND, OR 97520
PA -T1-2022-00176 391E04CC2900
HIRSCHBOECK ROBERT W TRUSTEE
71 SCENIC DR
ASHLAND, OR 97520
PA -T1-2022-00176 391E04CC7100
LIVNI GIL
2974 CHAPMAN LN
ASHLAND, OR 97520
PA -T1-2022-00176 391E04CC2100 PA -T1-2022-00176 391E04CC4600
MAGNOLIA INVESTMENT GROUP LLC MERCER KYLE K
2974 CHAPMAN LN 258 A ST PMB 1-106
ASHLAND, OR 97520 1ASHLAND, OR 97520
PA -T1-2022-00176 391E04CC90000 PA -T1-2022-00176 391E09BB40D
NORTH JAMES E/ DEBRA J PLAZA HOSPITALITY LLC
85 CENTRAL AVE 108 N WASHINGTON ST 603
ASHLAND, OR 97520 SPOKANE, WA 99201
PA -T1-2022-00176 391E04CC4300
ROSS SANDRA LYNN TRSTEE FBO
10409 CLAYSTONE DR
DENTON, TX 76207
PA -T1-2022-00176 391E04CC7400
SMITH ANDREW K ET AL
75 HELMAN ST
ASHLAND, OR 97520
PA -T1-2022-00176 391E04CC5300
WILSON DONALD A TRUSTEE ET AL
152 HELMAN ST
ASHLAND, OR 97520
PA -T1-2022-00176 391E04CC4700
SCHLITZER MARGRET BRAY
145 HELMAN ST
ASHLAND, OR 97520
PA -T1-2022-00176 391E04CC2800
SNIFFEN MATTHEW S/REBECCA A
99 UNION ST
ASHLAND, OR 97520
PA -T1-2022-00176
PETER CIPES
317 N. MAIN ST
ASHLAND, OR 97520
PA -T1-2022-00176
131 Heiman
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City of Ashland
Community Development Department
51 Winburn Way
Ashland, OR 97520
Telephone: 541-488-5305
Inspection Line: 541552-2080
Plan Type: Type I Planning Action
Work Class: Type I Planning Action
PA -T1-2022-00176
Apply Date: 2/4/2022
391 E04CC4800 131 Heiman St
Owner: Curtis Chappell Trustee ET AL
Owner 522 Myrtle Ave
Address: Modesto, CA 95350
Phone: (408) 375-5220
Applicant: Peter L. Cipes Building Design
Applicant 317 N Main St
Address: Ashland, OR 97520
Phone: (541) 488-1096
Condition Use permit to reconstruct non-conforminq structure I
Fee Description: Amount:
Conditional Use Permit (Type 1) $1,120.25
Applicant:
Date:
al:.es $1,120.25
PI
�� ZONING PERMIT APPLICATION
Planning Division
51 Winburn Way, Ashland OR 97520CITY or 541-488-5305 Fax 541-488-6006 FILA #
-ASHLAND
DESCRIPTION OF PROJECT Type 1 Conditional Use Permit to reconstruct non -conforming structure
DESCRIPTION OF PROPERTY Pursuing LEER® Certification? ❑ YES El NO
Street Address 131 Helman St., Ashland, Or. 97520
Assessor's Map No. 391E 39 1E 04 CC Tax Lot(s) 4800
Zoning R-3, Skidmore Historic Overlay Comp Plan Designation High Density Residential
APPLICANT
Name Peter Cipes Phone 541-488-1096 E -Mail homedesigns@mae.com
Address 317 N Main St. Clty Ashland, Or. Zip 97520
PROPERTY OWNER
Name Curt Chappell Phone 408-375-5220 E -Mail curtcrock@sbeglobal.net
Address 522 Myrtle Avenue City Modesto, Ca. Zip 95350
SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER
Title Designer/Consultant Name Peter Cipes Phone see above E -Mail
Address City Zip
Title Name Phone E -Mail
Address City Zip
I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects,
true and correct i understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their
location found to be incorrect, the owner assumes full responsibility. I further understand that if this request is subsequently contested, the burden will be on me to
establish:
1) that 1 produced sufficient factual evidence at the hearing to support this request;
2) that the findings of fact famished justifies the granting of the request;
3) that the findings of fact furnished by me are adequate; and further
4) that all structures or improvements are properly located on the ground.
Failure in #phis regait 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 remove�atyltU�Gxpvsif i have any doubts, t am advised to seek competent professional advice and assistance.
Feb. 4, 2022
Applicant's Signature Date
As owner fh pr e involved in this request, / have read and understood the complete application and its consequences to me as a property
owner. '
Feb. 4, 2022
Property Owner's Signature (required) Date
go be completed by Cly Slat€j
Date Received Zoning Permit Type Filing Fee $ 1,120.25
OVER ►►
Gacomm-devlplanning\Fomas & HandaulsQoning Permit AppikaRon.doe
ZONING PERMIT SUBMITTAL REQUIREMENTS
N APPLICATION FORM must be completed and signed by both applicant and property owner.
IX 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.
X 2 SETS OF SCALED PLANS no larger than 1 Vx17". Include site plan, building elevations, parking and landscape
details. (Optional --1 additional large set of plans, 2'x3', to use in meetings) PDF's Provided
X 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 LI=ED® 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.
Wcomm-devlpimin ffoms & HandoutslZaning Permit Appheation.doe
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Professional Marnbar
Ashland, Oregon + 541-488-1096 * www.petericipes.com
February 3, 2022
NARRATIVE AND FINDINGS OF FACT TO ACCOMPANY PLANNING
APPLICATION SUBMITTAL FOR 131 HELMAN ST., ASHLAND, OREGON.
Proiect Info:
OWNER: Curtis C. Chappell
PROJECT ADDRESS: 131 Helman St, Ashland, Or. 97520
APN: 39 1 E 04 CC Tax Lot # 4800
Zoning: R-3 / Skidmore Historic District
Size: 3,970 sq. ft.
Description of Project:
This is a proposal for a Conditional Use Permit to restore and add on to a non-
conforming structure, on a non -conforming lot. This is a Type 1 Review Procedure.
Please carefully review the attached Preliminary Plans and the content of this narrative
and Findings of Fact.
The site is located on west side of Heiman St., north of Central. It is zoned R-3 and is in
the Skidmore Historic District. The site is 3,970 s.f. in size which is smaller than the
current development code requires. However because the lot was legally established
prior to the zoning code it meets the criteria for continued use found in 18.1.4.050 "Non
Conforming Lots".
On the site is an existing single family dwelling listed by Jackson County as being 845
s.f. and built in 1929. Also on the site is a small garage of 400 s.f.
The City of Ashland Historic Survey lists the property as follows:
1 of 8
42.0 surm#xis
SM17li-KATKO HODS
"
nn.mry AnwricamOuWlaw
19450
S91EWC
Kworic contAb id"
M late as 1928 this i rcvt was vacmt accordirg to SanbQm Vim, Insurance Maps and the constrwion of
this duple mm like stem fmm the pwtitit of a kner lot long owned by Georg Irwin into what is
now Ta Lot 47W in 194 .5, an evmt wi 6 was cancuffm with the transfir of the site to Clifford and
lemic .'smith. QCO. 58:51) in 1.942 the Smith's weem livirsg. on. Almond btrt. by 190 they pare list 0
residing at this addrm, Mer Leonud B. I J »its Platko thearty iia laved h for
many years, retaining ownership at this writ rsg
T)w Sinkh-Ptatk61-toute is a s lis ew ► V burigp4ow with a projecting firout ply porch.
Design is rcrrnar6bly similar to the Smith Duplex, alp, indicatiu g the possibdity of concunvilt.
development by the 5 i _ With idyl sib windows, t rn...and other detail, the Stni&'latko
House row= substantial intgrity anis effeWvcly mlatm the period of significanat..
A portion of the existing dwelling (located to the rear of the structure), approximately 229
s.f. in size, has been demolished and removed as it was found to be unsafe. This demo
was done under permit #2021-00040. At the front of the dwelling is an existing porch of
74 s.f. which encroaches into the front yard setback by approximately 4'-3", making it
"non -conforming". This proposal seeks to re -construct and restore the remaining portion
of the dwelling, including the front porch, and construct two small additions. At the
completion of the project the dwelling will contain 920 s.f. of conditioned space, along
with the aforementioned front porch of 74 s.f. Because of the age and condition of the
existing dwelling, and because the demolition of the unsafe portions of the dwelling
removed the kitchen and the rear wall, the dwelling is currently uninhabitable and will
require extensive dismantling and reconstruction in order to make the dwelling habitable
and bring it up to current building code standards. Following is a description of the
proposed Scope of Work for the project. Also see the attached preliminary plans for
illustration of the same:
1) Demolition and removal of an existing outbuilding has already been completed.
(permit 2021-00040)
2) Demolition and removal of two former additions, both of which were in disrepair and
deemed to be unsafe. This has already been completed (permit 2021-00040)
3) Removal of exterior siding; removal of interior wall surfaces, removal of existing
roofing and roof framing. A second demolition permit will be obtained as per AMC
15.04.210; concurrent with building permit.
4) Where possible, existing exterior wall framing will be retained and furred on the
interior face to match standard 2 x 6 wall framing. Some walls will need to be
replaced for structural reasons (see plans). It is currently unclear to what extent
remaining exterior walls will need to be replaced, however the ultimate goal is to
restore and bring the dwelling up to current code.Toward that end, the owner has
expressed willingness to do what is found to be necessary once construction has
begun and a true assessment of of the current condition of the existing wall framing
can be made.
2 of 8
5) Two small additions will be added. One to the north will expand the single
bathroom. The second, to the west, will create space for a new kitchen and
increase the size of bedroom one. See attached plans for clarity.
6) The entire roof will be reframed with prefab, engineered trusses, including scissor
trusses in the living room area.
7) The existing covered front porch, which is "legal non -conforming" is to remain.
There are no proposed changes to the size or dimensions of the porch, however we
anticipate that it will require at least some amount of restoration to remove and
replace old and possibly rotting wood. The porch posts and beams may need to be
replaced in order to function better with the new truss roof framing. New railing will
be added to the porch. See attached elevations for clarity.
8) The existing garage structure will remain, with no proposed changes.
9) The current landscaping will remain with some minor changes including pruning
and thinning as needed for plant health and aesthetics. There is one tree present
and it is less than 6" BHD.
10) The current driveway will remain and one parking space will be located there. A
second on -street space shall remain, or be formally requested if required.
11) The current patio area will remain and be resurfaced. The small garden walls will
also remain and be restored as needed.
12) The house will be re -plumbed and re -wired to comply with current code. A new
HVAC system will be added, along with a new DEQ certified pellet (or wood) stove.
All new code compliant insulation, new fiber cement siding, and new interior wall
board will be added.
UTILITIES:
The existing water meter and sanitary sewer lines will remain and be used to service
restored dwelling. The exiting overhead electrical service will remain, with a new 200
amp meter installed at the house, in a location to be approved by the City Electric
Department. A new natural gas line and meter will be installed by Avista.
FINDINGS OF FACT FOR CONDITIONAL USE PERMIT (18.5.4.050)
That the use would be in conformance with all standards within the zoning district
in which the use is proposed to be located, and in conformance with relevant
Comprehensive plan policies that are not implemented by any City, State, or
Federal law or program.
The proposed use of a single family dwelling conforms to all of the
standards in the R3 zone, and is in conformance with relevant
Comprehensive Plan policies. (See #5 below for more detailed information.)
2. That adequate capacity of City facilities for water, sewer, electricity, urban storm
drainage, paved access to and throughout the development, and adequate
transportation can and will be provided to the subject property.
3of8
The proposal seeks to reconstruct and restore an existing single family
dwelling which is currently served by all necessary City facilities for water,
sewer, electricity, and urban storm drainage. Therefore adequate capacity
exists for all of the above services. The subject property is located on an
improved City street and adequate transportation can be provided.
3. That the conditional use will have no greater adverse material effect on the
livability of the impact area when compared to the development of the subject lot
with the target use of the zone, pursuant with subsection 18.5.4.050.A.5, below.
When evaluating the effect of the proposed use on the impact area, the following
factors of livability of the impact area shall be considered in relation to the target
use of the zone.
a. Similarity in scale, bulk, and coverage.
b. Generation of traffic and effects on surrounding streets. Increases in
pedestrian,
bicycle, and mass transit use are considered beneficial regardless of capacity of
facilities.
c. Architectural compatibility with the impact area.
d. Air quality, including the generation of dust, odors, or other environmental
pollutants. e. Generation of noise, light, and glare.
f. The development of adjacent properties as envisioned in the Comprehensive
Plan. g. Other factors found to be relevant by the approval authority for review of
the
proposed use.
The conditional use requested is for the restoration of an existing non-
conforming single family dwelling and small additions to the same. The proposed
restored dwelling will be nearly identical to the existing dwelling, which has been
in existence since 1929. As stated above, the dwelling is considered non-
conforming because the existing front porch encroaches into the 20 ft front yard
setback by 4'-3". The dwelling, including the porch, was constructed long before
any zoning laws went into existence. Most importantly, the street -facing facade of
the the restored dwelling will be practically identical to the existing facade.
Additionally, the targeted use of the R3 zone is residential, and this project meets
the minimum target density as specified in AMC 18.2.5.080. Therefore the
`conditional use will have no greater adverse material effect on the livability of the
impact area when compared to the development of the subject lot with the target
use of the zone'.
The proposed restored dwelling will be nearly identical to the existing historic
structure, and will be similar in scale bulk and coverage to the dwellings in the
surrounding area. It is and will be a small sized, single story, single family home,
in a neighborhood of small to medium sized single story homes.
4 of 8
The proposed restored dwelling will not generate any additional traffic to the
area; it will have neutral impact on surrounding streets, Since the dwelling is
currently unoccupied, the project, when completed, may marginally increase
pedestrian, bicycle and mass transit use, as the restored dwelling is then
Intended to be occupied.
The proposed restored dwelling is architecturally compatible with the impact
area. It is and will be a small historic home in a neighborhood of small to medium
sized historic homes.
The completed project will have no adverse impact on air quality, including dust,
odors or other environmental pollutants.
The completed project will cause no increased generation of noise, light or glare.
The completed project will have no impact the development of adjacent
properties as envisioned in the Comprehensive Plan; the adjacent properties
appear to be fully developed at the present time.
4. A conditional use permit shall not allow a use that is prohibited or one that is not
permitted pursuant to this ordinance.
The proposed restoration of the existing dwelling does not entail or include any
prohibited use pursuant to Ashland Municipal Code.
5. For the purposes of reviewing conditional use permit applications for conformity
with the approval criteria of this subsection, the target uses of each zone are as
follows.
The subject property meets all of the standards found in 18.2.5.030; R-3, with the
exception of minimum lot size, which is "legal non -conforming", as follows:
Minimum Lot Size = 5,000 s.f.
Minimum Lot Width = 50 ft.
Minimum Lot Depth = 80 ft.
Minimum Front Setback = 20 ft.
Actual Size = 3,970 s.f. (legal non-
conforming lot per 18.1.4.050)
Actual Width = 52.5 ft.
Actual Depth = 84 ft (average)
Actual Setback = 15.75 ft (legal non-
conforming per 18.1.4.050)
5 of 8
Minimum Side Setback = 6 ft.
Minimum Rear Setback = 10 ft.
Req'd Building Separation =12 ft.
Maximum Height = 30 ft.
Maximum Coverage : 75%
Minimum Landscape = 25%
Minimum Open Space = 8%
Actual Setback = 7 ft. (Note, existing
garage is legal non -conforming)
Actual Setback = 12 ft. (Note, existing
garage is legal non -conforming)
Actual Separation =12 ft.
Actual Height =16.3 ft.
Actual Coverage = 60%
Actual Landscape = 40%
Actual Open Space = > 40%
The subject property additionally meets all of the standards for Historic District
Development found in 18.2.5.070, as follows:
MPFA:
ADJUSTMENT FACTOR =1.08
3970 X 1.08 = 4287.6 X .38 FAR =1629.3 MAX / 920 actual
and 18.4.2.050, as follows:
Proposed building height is within the approximate range of other buildings in
the area.
Proposed scale is similar to other buildings in the immediate vicinity.
Proposed massing is consistent with historic buildings in the immediate vicinity.
Proposed Front Facade is more or less in line with facades of adjacent historic
buildings.
Proposed roof shape, pitch and materials are consistent with historic buildings in
the immediate vicinity.
The proposed rhythm of openings are consistent with historic buildings in the
immediate vicinity and the pattern or rhythm of wall to door/window openings on
6 of 8
the primary facade or other visually prominent elevation is maintained (see
below).
The proposed structure has a clearly defined base, or platform characteristic of
historic buildings in the immediate vicinity (see elevations).
The proposed form (i.e., vertical/horizontal emphasis of building) that is
consistent with that of adjacent historic buildings.
The proposed residence has well-defined primary entrance with a covered porch
compatible but not imitative of historic counterparts (see elevations).
The proposed dwelling seeks to accurately restore the original architectural
features found on the existing historic dwelling, while also bringing the restored
home into current code compliance and compliance with the new wildfire
resilience requirements. Specifically, the existing horizontal wood siding will be
replaced with horizontal fiber cement siding to be installed with the same
exposure as the existing/original siding, and the entire roof will be reframed with
prefab trusses which will duplicate the existing roof lines and also add a few
inches of additional depth (height) for proper code compliant insulation, and the
new roofing will be Class A architectural comp shingles. All of the existing
windows and exterior doors will be replaced with new, energy code compliant
widows that will match the existing windows as closely as possible. New exterior
doors and most windows will be in the same location(s) as the existing, with the
exception of the slightly reconfigured front windows, to the south of the porch.
We believe that the current overly -wide multi -part window, which spans the edge
of the porch in an awkward manner, was added at some time after the original
dwelling was built, and that the new window placement more closely resembles a
graceful historic rhythm. See photos and elevations.
The proposed additions are visually unobtrusive from the public right-of-way,
and do not obscure or eliminate character defining features of the historic
dwelling.
The existing garage is placed well behind the primary building facade.
In summary, the project intends to restore and add to an existing historic dwelling
and to bring the finished dwelling up to modern day code and technological
standards while maintaining the historic design features of the existing historic
dwelling, most importantly including the front building facade.
7 of 8
Conclusion:
Although every effort has been made to provide complete and accurate information in
this narrative, findings and the attached preliminary plans, we understand that there
may be issues which have been unintentionally omitted, or a need for more information
regarding specific aspects of the proposal. Please contact us if anything further is
required. Finally, we ask that staff carefully review this submittal and issue the
requested approvals in a timely manner.
Sincerely,
PAfl f
Peter L. Cipes for Curtis C. Chappelll, Owner
8 of 8
PRELIMINARY ONLY NOT FOR CONSTRUCTION
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