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HomeMy WebLinkAboutSeventh_247_PA-T1-2022-00179CITY O�F ASHLAND April 12, 2022 Notice of Final Decision On April 12, 2022, the Community Development Director approved the request for the following: Planning Action: PA -T] -2022-00179 Subject Property: 247 Seventh Street Owner: Bar -Gem Vineyards, LLC Applicant: Rogue Planning & Development Services, LLC Description: A request for a Conditional Use Permit to expand an existing non- conforming structure by approximately 30 square -feet. The existing building was constructed prior to current regulations and encroaches into a six-foot side yard setback. In the area of this encroachment there is a small bathroom, and the applicant is requesting to enlarge it to increase the floor area and headroom.. The prol_?osed acidition is approximately 29. 75 squareftet, of'which approximately 19,2 square feet encroach into the setback, COMPREHENSIVE PLAN DESIGNATION: Low -Density Multi -Family Residential; ZONING: R-2; MAP: 39 IE 0913A; TAX LOT -4- 2800 The Community Development Director's decision becomes final and is effective on the 12"' day after the Notice of Final Decision is mailed. Approval is valid for a period of 18, months and all conditions of approval identified on the attached Findings are required to be: met prior to project completion. The application, all associated documents and evidence submitted, and the applicable criteria are available for review at the Ashland Community Development Department, located at 51 Winburri 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 ]'.,and Use Ordinance (AI. UO) 18.5,1,050(F) and/or file an appeal to the Ashland Platuring Commission as provided in ALUO 18.5.1..0501(G). The ALIO 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 Derek Severson in the Community Development Department at (541) 488-5305. = Parties, of record and property owners within 2001 It COMMUNITY DEVELOPMENT DEPARTMENT TO 641-488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY; 800-735-2900 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 becornes effective 12 days after the City mails the notice of decision. F. Reconsideration. 'File Staff Advisor inay reconsider a Type I decision as sot 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 tire 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 lirnited 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 deciSiOD. 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 tell days to affirm, modify, or reverse the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any party entitled to notice of the planning action. 4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration. G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following: 1.. Who May Appeal. The following persons have standing to appeal a Type decision, a. The applicant or owner of the subject property. b. Any person who is entitled to written notice of the Type I decision pursuant to Subsection 18.5.1.050.13. c. Any other person who participated in the proceeding by submitting written comments on the application to the City by the specified deadline. 1 Appeal Filing procedure, a. Notice ofAj.?j,?ea1. Any person with standing to appeal, as provided in subsection 18.5,1,050.6.1, above, may appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to 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. Timefior FilingA notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of decision is mailed. c. Content offotice of Appeal. The notice of appeal shall be accompanied by the required filing fee and shall contain. i, An identification of the decision being appealed, including the date of the decision, ji. 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. ol, 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 oil Type I decisions made by the Staff Advisor shall be de novo hearings before the Planning Commission.The appeal shall not be limited to the application inaterials, evidence arid other documentation, and specific issues raised in the review leading Lip to the Type I decision, but may include other relevant evidence and argurnents, The Commission may allow additional evidence, testimony, or argument concerning any relevant ordinance provision, 4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type 11 public hearing procedures, pursuant to section 18.5.1.060, subsections A — F, 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 all appeal is final the date the City mads 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 T0 541-488-5305 51 Winburn Way Fax: 541-552-2050 Ash&d, Oregon 97520 TTY: 800-735-29000WL jy�v%v,as1dand,orjjs L, 11111111 ASHLAND PLANNING DEPARTMENT FINDINGS & ORDERS PLANNING ACTION: PA -T1-2022-00179 SUBJECT PROPERTY: 247 Seventh Street OWNER: Bar -Genn Vineyards, LLC APPLICANT: Rogue Planning & Development Services, LLC DESCRIPTION: A request for a Conditional Use Permit to expand an existing non- conforming structure by approximately 30 square feet. The existing building was constructed prior to current regulations and encroaches into a six-foot side yard setback. In the area of this encroachment there is a small bathroom, and the applicant is requesting to enlarge it to increase the floor area and headroom. The proposed addition is approximately 29.75 square feet, of which approximately 19.2 square feet encroach into the setback. COMPREHENSIVE PLAN DESIGNATION: Low -Density Multi -Family Residential; ZONING: R-2; MAP: 39 1E 09BA; TAX LOT #: 2800 SUBMITTAL DATE: March 4, 2022 DEEMED COMPLETE DATE: March 23, 2022 STAFF APPROVAL DATE: April 12, 2022 DEADLINE TO APPEAL (4:30 p.m.): April 26, 2022 FINAL DECISION DATE: April 27, 2022 APPROVAL EXPIRATION DATE: October 27, 2023 DECISION The proposal is a request for a Conditional Use Permit to expand an existing non -conforming structure by approximately 30 square feet. The existing building was constructed prior to current regulations and encroaches into a six-foot side yard setback. In the area of this encroachment there is a small bathroom, and the applicant is requesting to enlarge it to increase the floor area and headroom. The proposed addition is approximately 29.75 square feet, of which approximately 19.2 square feet encroach into the setback, The subject property is on the west side of Seventh Street, with a 16 -foot -wide public alley adjacent to the south property line and a 16 -foot -wide alley adjacent to the west property line. The lot has 50 feet of frontage on Seventh Street and extends 142.12 feet west, and is 7,106 square feet in area. The subject property and the adjacent properties are zoned R-2, Low Density, Multi -Family Residential. The property is occupied by a historic, contributing residence constructed in about 1902, and the historic district survey document for the Ashland Railroad Addition Historic District notes that the retains fairly high integrity and effectively relates its historic period of development. The application explains that the home was constructed well before building codes and land use regulations required setbacks from property lines. The home was constructed in some areas within inches of the south property line, and is considered to be a legal non -conforming structure. Within the structure, there is what is described as a very small bathroom which lacks seven feet of head PA -TI -2022-00179 247 Seventb St /ds Page I room and as such has limited functionality. The request here seeks to enlarge this space by 19.2 square feet (1' 9-314" x 10'), and this proposed addition encroaches into the required six-foot side yard setback along the alley. 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. In staff's assessment, the proposed changes are de minimus in nature. As illustrated in the attached Staff Exhibit S-1, the proposed addition adds less than 30 square feet to the existing bathroom to improve its functionality, and of that new square footage the addition extends into the required six- foot side yard setback along the alley by less than two feet for a distance of only ten feet, six inches. With the location of the addition and existing fencing, the proposal will be largely unnoticed from Seventh Street or the alley. The application complies with all of the applicable provisions of the R-2 zoning district, and the applicable Site Development and Design Standards, except where legally non -conforming. The property is currently served by adequate City facilities for water, sewer, storm drainage and electricity. In staff's assessment, 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. The applicants have submitted materials to the Planning Department that demonstrate compliance with the approval criteria and standards. The Ashland Historic Commission reviewed the request at its April 6, 2022 regular meeting and voted unanimously to recommend that the proj ect be approved as submitted. 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.A5, 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. PA -T1-2022-00179 247 Seventh St Ids Page 2 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. c. R-2 and R-3, Residential use complying with all ordinance requirements, developed at the density permitted by chapter [fM Standards for Residential Zones. In staff's assessment, the application with the attached conditions complies with applicable ordinances and meets all required criteria. Planning. Action #PA -TI -2022-00179 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 -TI -2022-00179 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 inodif y 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 65 percent as required in the R-2 zoning district. 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. PA -T] -2022-00179 247 Seventh St Ids Page 3 Bill MoInar, Director Community Development Department April 12, 2022 Date PA -TI -2,022-0017'9 247 Seventh St Ids Page 4 H s L PA -TI -2022-00179 247 Seventh St /ds Page 5 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 April 12, 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 -T1-2022-00179, 247 Seventh Street. ,MichaeCSuffivan Signature of Employee GAcomm-devWanningT1anning AdonslFk by StreetkMeventh Sbee115eventh_24715eventh_247_PA-71 2022-001781NolicinglNODlSeventh_247_PAJI-2022-00179_NOD Affjdavit of Mailing.dou 4/1212022 PA -T1-2022-00179 391 E09AB2300 750 A STREET LLC PO BOX 306 ASHLAND, OR 97520 PA -T1-2022-00179 391E09AA7500 CARDOSA HENRY T TRUSTEE ET AL 843 B ST ASHLAND, OR 97520 PA -T1-2022-00179 391 E09AB2100 CORDOVA JODI 762 A ST ASHLAND, OR 97520 PA -T1-2022-00179 391E09AB2700 GLEAVES JAMES C 263 7TH ST ASHLAND, OR 97520 PA -T1-2022-00179 391 E09AB2101 MCBRAYER KEITHILYN 764 A ST ASHLAND, OR 97520 PA -T1-2022-00179 391 E09AA7600 RAGEN DANIEL A JR 855 B ST ASHLAND, OR 97520 PA -T1-2022-00179 391 E09AA6400 RUBINSTEIN ILENE K 854 A ST ASHLAND, OR 97520 PA -T1-2022-00179 391E09AA7400 PA -T1-2022-00179 391E09AB2800 ANDREAE SYPKOISHAFFER CAROLYN BAR -GEM VINEYARDS LLC 234 SEVENTH ST 645 FIRST ST VII D ASHLAND, OR 97520 SONOMA, CA 95476 PA -T1-2022-00179 CARLOS DELGADO ARCHITECTS 274 FOURTH ST ASHLAND, OR 97520 PA -T1-2022-00179 391E09AB2000 DANIEL LEE WELLS 784 A ST ASHLAND, OR 97520 PA -T1-2022-00179 391 E09AB2900 HILL ADRIENNE J 667 WALNUT ST ASHLAND, OR 97520 PA -T1-2022-00179 391 E09AA7300 PHELAN SUSAN TRUSTEE ET AL 933 DARTMOUTH ST SAN FRANCISCO, CA 94134 PA -T1-2022-00179 ROGUE PLANNING & DEVELOPMENT 1314-B CENTER DRIVE PMB#457 MEDFORD, OR 97501 PA -T1-2022-00179 391E09AA7100 SCHAAF NED TRUSTEE ET AL 175 NEIL CREEK RD ASHLAND, OR 97520 PA -T1-2022-00179 391E09AB3100 CARLSON FAMILY TRUST ET AL PO BOX 341 ASHLAND, OR 97520 PA -T1-2022-00179 391 E09AB3000 ELLIS CATHERINE E TRUSTEE ET 813 ELLEN AVE MEDFORD, OR 97501 PA -T1-2022-00179 391 E09AB2400 HOUNSELL REBECCA 0 TRUSTEE ET PO BOX 851 ASHLAND, OR 97520 PA -T1-2022-00179 391E09AB2600 PREISTER KEVIN R TRUSTEE ET A 256 SIXTH ST ASHLAND, OR 97520 PA -T1-2022-00179 391 E09AA6500 RUBINSTEIN ILENE 842 A STREET ASHLAND, OR 97520 PA -T1-2022-00179 391 E09AB3300 STILES GLENNA SUE 600 ROCA ST ASHLAND, OR 97520 PA -T1-2022-00179 391E09AB2500 PA -T1-2022-00179 391E09AB2401 247 Seventh NOD STOKES CHRISTINE WEISS ERIC JONATHAN 4/12/22 215 NUTLEY ST 2305-C ASHLAND ST 227 23 ASHLAND, OR 97520 ASHLAND, OR 97520 Planning Department, 51 Winbum Way, Ashland, Oregon 97520 -ASHLAND C : T Y OF PFF 541-488-5305 Fax: 541-552-2050 www.ashland.or,us TTY: 1-800-735-2900 'i�-�'S H LAN D NOTICE OF APPLICATION PLANNING ACTION: PA -T1-2022-00179 SUBJECT PROPERTY: 247 Seventh Street OWNER: Bar -Gem Vineyards, LLC APPLICANT: Rogue Planning & Development Services, LLC DESCRIPTION: A request for a Conditional Use Permit to expand an existing non -conforming structure by approximately 30 square feet. The existing building was constructed prior to current regulations and encroaches into a six- foot side yard setback. In the area of this encroachment there is a small bathroom, and the applicant is requesting to enlarge it to increase the floor area and headroom. The proposed addition is approximately 29.75 square feet, of which approximately 19.2 square feet encroach into the setback. COMPREHENSIVE PLAN DESIGNATION: Low -Density Multi -Family Residential; ZONING: R-2; MAP: 39 1 E 09BA; TAX LOT #: 2800 NOTE: The Ashland Historic Commission will review this Planning Action at an electronic public hearing on Wednesday, April 6, 2022 at 6:00 PM. See page 2 of this notice for information about participating in the electronic public hearing. NOTICE OF COMPLETE APPLICATION: March 23, 2022 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: April 6, 2022 _Historic Commission Meeting Notice is hereby given that the Historic Commission will hold an electronic public hearing on the above described planning action on the meeting date and time shown on Page 1. If you would like to watch and listen to the Historic Commission meeting virtually, but not: participate in any discussion, you can use the Zoom link posted on the City of Ashland calendar website at: https:llwww.ashland.or.us/calendar.asp . OVER G:1wmm-devlplanninglPlanningActions\PAsbyStreeM\&venthStreei\Seventh_24ASevenih_247 PA»TI-2022-001791NodcinglSevenih_247 PA-TI-2022-00179_MCA= Oral testimony will be taken during the ele, iic public hearing. If you wish to provide testimony during the electronic meeting, send an email to PC-public-testimony@asbland. orms by 10:00 a.m. on WL _ jesday, April 6, 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), The Ashland Planning Division Staff has received a complete application for the properly noted on Page 1 of this notice. Because of the COVID-19 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 planning agashland.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 https:llgis.ashland.or.us/developmentgroposals/. 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 ning(.5,ashland.or. us. Any affected property owner or resident has a right to submit written comments to planning (8-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 same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staff's decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.5.1.050.G) The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, by 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 Derek Severson at 541-552-2040 I derek.severson cDashiand.or.us. CONDITIONAL USE PERMITS {See https:/Iashiand.municipal.codes/LandUse/18.5.4.050 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. 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. GA comm-devlplanninglPlanning AcGonsTAs by StreetlS\Seventh S€reeM"enih_247\Seventh_247_PA-T1-2022-001791No6cing\Sevenlh_247_PA-T1-2022-00179_NOC.docx b. Generation of traffic and eft in surrounding streets. Increases in pedestri, }icycle, 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. L CM -OE 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. I, HC, NM, and 5011. 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. GNomm-dev5planninglPlanning ActionsVAs by SlreetlSlSeventh Street\Seventh_24ASeventh_247_PA-T1.2022.1101745hioticinglSeventh_247_PA-T1-2022-414179 NOC.dom 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 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 -T1-2022-00179, 247 Seventh Street. ......... . . Signature of Employee GAcomai-de0pGsnn@ngkPlan&g AdansPAs by SteeSBSeventh Snot4Seventh-24ASeventh.247_PA-Tl-2022-00179INotcingtiSeventh-247-PA-Tl-2022-00179_NOC�_AffidavRofMaillng.dccx 312312022 r ,r STREET LLC .O BOX 306 ASHLAND, • ' 97520 PA -T1-2022-00179 391 E09AA7500 CARDOSA HENRY T TRUSTEE ET AL 843 B ST ASHLAND, OR 97529 r w,r w• r C wr CORDOVAjODI 762 A ST ASHLAND, 97520 ww " + r"Mww, GLEAVES JAMES 263 7TH ST ASHLAND, OR 97520 PA -Tl -2022-00179 391E09AB2101 MCBRAYER KEITH/LYN 764 A ST ASHLAND, OR 97520 RAGEN DANIEL M JR 855 B ST ASHLAND, OR 97520 «`wr 854 A ST ASHLAND, OR 97520 i,SUE *7■ r '111y r ST ASHLAND, OR 97520 247 Seventh 24 Goto avery.com/templzftes 1-b UseAv ay'rc:nlphlu5R(Al l; rrM-2022-00179 391 E09AA7400 PA -Tl 391 E09AB2801 234 SEVENTH ST 645 FIRST ST W N ASHLAND, OR 97520 SONOMA, CA 9i5476 .; 11111"'1 + FOURTH274 STREET ASHLAND, • ^ 97520 PA -T1-202.2-00179 391 E09AB2000 DANIEL LEE WELLS 784 A ST ASHLAND, OR 97520 ADRIENNEPA-Tl -2022-00179 391 E09AB29 HILL « ALNUT ST ASHLAND, •R 97520 PA -T1-2022-00179 391 E09AA7300 PHELAN SUSAN TRUSTEE ET AL 933 DARTMOUTH ST SAN FRANCISCO, CA 94134 PA -Tl -2022-00179 Imi I Mimi kyj I; W •' 0 !" * hil g] Illw I? r rr 854 M ST ASHLAND, 97520 PA -T1-2022-00179 391 E09AB2500 STOKES CHRISTINE 215 NUTLEY ST ASHLAND, OR 97520 •r r rr * * rkw rr ,■ fTff , •O BOX ASHLAND, OR 97520 PA -T1-2022-00179 391 E09AB3000 ELLIS CATHERINE E TRUSTEE ET 813 ELLEN AVE MEDFORD, OR 97501 PA -T1-2022-00179 391E09AB24010 HOUNSELL REBECCA 07 TRUSTEE ET P'0 BOX 851 ASHLAND, OR 97520 PA -T1-2022-00179 391E09AB2600 PREISTER KEVIN R TRUSTEE ETA 256 SIXTH ST ASHLAND, OR 97520 PA -T1-2022-00179 391 E09AA6500 RUBINSTEIN ILENE 842 A STREET ASHLAND, OR 97520 PA -T1-2022-00179 391 E09AA7100 SCHAAF NED TRUSTEE ET AL 175 NEIL CREEK RD ASHLAND, OR 97520 PA -T1-2022-00179 391 E09AB2401 WEISS ERIC JONATHAN 2305-C ASHLAND ST 227 ASHLAND, OR 97520 ZONING PERMIT APPLICATION Planning Division _ 51 Winburn Way, Ashland OR 97520 ,.- �II.E - —10— - C0119 CITY o F ASH1,.4lVD 541-488-5305 Fax 541-488-6006 DESCRIPTION OF PROJECT Conditional Use Permit to Expand a Non -Conforming Structure by —30 SF DESCRIPTION OF PROPERTY street Address 247 Seventh Street Assessor's Map No. 391 E Zoning R-2 APPLICANT Pursuing LEED@ Certification? ❑ YES A NO Tax Lot(s) 2800 Comp Plan Designation Low Density Multi -Family Residential Name Rogue Planning & Development Services Phone 541-951-4020 E -Mail Address 1314-B Center Dr., PMB#457 PROPERTY OWNER Name Bar -Gem Vineyards LLC Address 645 First Street West D amygunter.pianning@gmail.com city Medford Phone 530-859-1859 E -Mail Zip 97501 jbarnier@macbarlaw.com city Sonoma, CA zip 95476 SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER Title Architect Name Carlos Delgada Architect phone 541-552-9502 E -Mail tom@cadosdelgadoarchitect.com Address 274 Fourth Street Title Name Address city Ashland Phone E -Mail City Zip 97520 Zip l hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact; are in atl respects, true and correct. t 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, 1 further understand that if this request is subsequently contested, the burden will be on me to establish: t) that 1 produced sufficient factual evidence at the hearing to support this request; 2) that the findings of fact fumishedjustiffes the granting of the request; 3) that the findings of fact furnished by me are adequate; and further 4) that all structures or improvements are properly located on the ground. Failure in this regard will result most 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 I have any doubts, I am advised to seek competent professional advice and assistance. 4M_y G iL 3.1.2022 Applicant's Signal a Date As owner of the property involved in this request, I have read and understood the complete application and its consequences to me as a property owner. Signature (required) Date riobeoomPlaWbyCilysla% , r Dake Received J `"i Zoning Permit Type' Filing Fee $ OVER Ukomm-devlplanningft& HandoutsVZ ning N mil Application.doc Conditional Use Permit to Enlarge a Non -Conforming Structure 247 Seventh Street March 1, 2022 Conditional Use Permit to Enlarge a Non -Conforming Structures Setback Subject Property Property Address: 2477 TH Street Map & Tax Lots: 39 1E 09BA Tax Lots: 2800 Zoning: R-2 (Low Density Multiple Family) Adjacent Zones: R-2 Lot Area: 7100 square feet Property Owners: Bar -Gem Vineyards, LLC 645 First Street West D Sonoma, CA 95476 Applicant: Rogue Planning & Development Services 1314-B Center Dr., PMB#457 Medford, OR 97501 Architect: Carlos Delgado Architect 217 Fourth Street Ashland, OR 97520 Request: A request for a Conditional Use Permit approval to enlarge/ expand a non -conforming, historic residence. Property Description: The subject property consists of Lots 30 and 31, Block F, Ashland Railroad Addition Subdivision. The property is on the west side of Seventh Street, with a 16 -foot -wide public alley adjacent to the south property line and a 16 -foot - wide alley adjacent to the west property line. The lot has 50 -feet of frontage on Seventh Street and extends 142.12 - feet west with 7,106 square feet in area. 1 The subject property and the adjacent properties are zoned R-2, Low Density, Multi -Family Residential. The lot slopes approximately three percent downhill to the north. The property is occupied by a historic, contributing residence. The house is a cottage vernacular, constructed circa 1902. The house retains fairly high integrity and effectively relates its historic period of development. The residence was constructed well before building codes and land use regulations required setbacks from property lines. The portion of the building that was 247 % Seventh Street is a two-story addition a the rear of the single story volume. This portion of the building is adjacent to and within inches of the south property line. Where this portion of the structure connects to the single -story volume which complies with setbacks, there is a bathroom. This bathroom is very small, lacks seven feet of headroom and has limited functionality. The request seeks to enlarge this space by 19.2 square feet (1' 9-3/4" X 10'). The proposed addition encroaches into the required six-foot side yard setback. The residence has 2,061 square feet on the first floor and a 397 square foot second floor. The assessed area is 2,437 square feet in area. To the rear of the residence, an attached two car garage was recently removed and a new accessory unit is nearing finished construction adjacent to the west alley. Seventh Street has a 70 -foot wide right-of-way and is improved with curb, gutter, sidewalk, parkrow and street trees along the frontage of the property. Proposal: The request is to add on to the south side of the residence to allow for a minor floor area increase and an increased headroom for a remodeled bathroom area. The existing structure does not comply with the minimum side yard setback and the expanded floor area is within the setback. The existing structure setbacks were developed before regulations were in place, and they are considered pre-existing, non -conforming. According to AMC 18.1.4.030.B., a Conditional Use Permit is required to expand or enlarge a lawfully constructed, non -conforming structure. The existing residence is oriented towards Seventh Street. The proposed addition will substantially not alter the historic, primary orientation towards the public street. The addition is proposed to have a shed roof dormer to provide adequate head room and egress window. The second -floor addition does not increase the bulk or the mass when viewed from the public street. The addition to the structure on the ground floor also does not increase the bulk, massing or scale of the structure substantially or in a way that is not consistent with the Historic District Design Standards. The proposal complies with Maximum Permitted Floor Area in the historic district. Lot area: 7,100 X.85 = 6,035 X .40 = 2,414 square feet maximum permitted floor area Based on the project architect measurements, the existing area of the residence is 2,316 square feet. The additional area is just short of 30 square feet (29.75 SF) thus in addition to the existing 2,316 square feet in area, the proposal is compliant with the allowed MPFA. The proposed addition to the historic residence are historically appropriate development for the Historic Railroad District. The proposed development is similar in bulk, scale and coverage as other historic residences on the small parcels that are found in the Railroad District. The new addition uses similar as to the existing siding material and reveal to be provided and, matching window style and shapes are also proposed. The proposal complies with the lot coverage standards in the R-2 zone as well. The property has 4,615 square feet of impervious surfaces, 52 percent coverage, less than the maximum of 65 percent. Findings addressing the criteria for the approval of a conditional use permit for the use of the expansion of a non -conforming setback at 247 Seventh Street are attached. The criteria from the Ashland Municipal Code is in Calibri font and the applicant's findings are in Times New Roman. 3 Excerpt from Ashland Historic Resources Inventory for the Railroad Historic District. According the to the City of Ashland Historic Resources Inventory, the site is occupied by a historic, contributing residence. The McClung -Peter House is a Cottage vernacular, constructed circa 1902. A simple hipped -roof wood -frame vernacular cottage with a full front porch, this dwelling was probably constructed c1902 after Clyde H. McClung purchased the site from George H. Andrews. McCiune, a SP fireman sold the house to Nels Peterson, a car inspector for SP, in 1904. After a series of rapid sales, Sherman Morehouse, an investor with several properties in the Railroad District, purchased the property in 1909. The Morehouse family retained ownership for rental use until 1923 when Carrie B. Morehouse sold the house to George Sapannaus. Raymond Taylor lived here in 1948 and in 1964, apparently a rental, the house was occupied by Raymond J. Powell with a second unit at 247 % is listed as vacant. The McClung -Peterson House retains fairly high integrity and effectively relates its historic period of development. 4 Findings of Fact Addressing the Criteria from the Ashland Municipal Code Conditional Use Permit 18.5.4.050 Approval Criteria 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. Finding:, The proposed minor addition to expand the existing non -conforming structure within the Railroad Historic District is consistent with the majority of the current standards within the zoning district and is in conformance with the Comprehensive Plan. 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. Finding Adequate utilities, including water, sewer, electricity and storm drainage are currently in place at the location and they will continue to be provided. To the applicant's knowledge there are no system deficiencies and the existing residential units are connected to the City's system and not changes are proposed. There is paved access to the site from Seventh Street and through the alleys. There is a buffered public sidewalk along Seventh Street. Adequate transportation through walking, biking, driving is available. 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. 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. Finding: The requested conditional use permit can be compared to using the property as a residence with second unit or ARU which is the use of the property. There is a primary residence and an accessory residential unit. a) Similarity in scale, bulk and coverage. Finding: The small addition to allow for the existing bathroom to have a functional headroom and useable floor area increases the scale, bulk or coverage by a deminis amount. The additional area is less than 30 SF and is proposed to utilize materials compatible to the existing residence and match where possible. b) Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit are considered beneficial regardless of capacity of facilities. Finding:. No change. c) Architectural compatibility with the impact area. Finding: The proposed exterior architecture of the historic contributing structure uses roof pitches found on the existing structure. The addition will utilize a similar siding material and reveal as the existing residence. The windows on the addition will be similar to windows found on the existing residence. d) Air quality, including the generation of dust, odors, or other environmental pollutants. Finding: The proposed addition will only generate small amounts of dust during construction then, the use of the home will not generate dust, odor or other environmental pollutants more than the allowed residential uses in the area create. e) Generation of noise, light, and glare. Finding: The minor addition will create similar noise as expected in the neighborhood from residential dwelling units. Light and glare would be similar as a residential use. f) The development of adjacent properties as envisioned in the comprehensive plan. Finding: The approval of the requested conditional use permit will not have an impact on the development of the 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. M Finding: There are no other factors known to the applicant and project team that would affect the review of this application. 4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance. Finding: The small addition to the south side of the residence is not a use and the additional area is compliant with the required building codes for residential construction. 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. c) R-2: Finding: The proposed small addition to the residence is compliant with the purpose of the residential zone. Site Development Standards for Additions to Historic Structures 18.4.2.050 Historic District Development B. Historic District Design Standards. The property is occupied by a historic contributing, residence. A small, 29.75 square foot addition is proposed on the south side of the existing historic residence. The proposed addition uses similar materials and finishes as the existing historic contributing residence. The adjacent properties are developed with single and multi -family residences and their accessory structures. Height: The proposed addition area is lower in height than the existing structure and the proposed shed roof is cut into the structure just above the existing eave line. The addition is minor and will not impact the overall height of the building. Scale: The scale of the proposed addition is within the allowed MPFA of the historic districts. The additional area is minor and the additional area is historically compatible with the residence and with other architecture found in the immediate vicinity. Massing: Through the incorporation of a single shed roof, and oriented towards the alley, the proposed addition is smaller in mass than the existing structure and the addition will join the newer rear portion to the historic home better than the present bathroom area which was also 7 a small addition to the historic home. The proposed addition expands this slightly in area and in height and will improve the mass of the alley fagade. Setback: The front (Seventh Street) setbacks are not proposed to be altered as construction of the addition. Roof: The proposed addition has a matching roof pitch as the historic contributing structure. The existing residence has both gable roofs with the primary roof type as a hipped roof. The addition is proposed to have a shed roof that is matched to the existing pitches of the shed dormers and less than the pitch of the primary roof of the main body of the historic home. The addition is clearly an addition and not part of the original construction. The proposed addition is substantially lower in height than the historic residence and will not detract from the historic residence. Rhythm. of Openings: The proposed addition is consistent with rhythm of openings found on residential structures in the vicinity and on the existing structure. Fixed panel or awning style window is proposed adjacent to the alley in the expanded bathroom. This is typcial alley fagade treatment. Base or Platform: The area of the addition has a base to match the existing residence. Atypical' poured concrete footing, same as the existing residence. Form: The form of the residence is a traditional residential form found throughout the Railroad Historic District. Entrances: The primary residence has an entrance that faces the public street. There is not a change to the Seventh Street facade. Imitation: The proposed addition structure has a matching roof pitch to the other pitches on the cottage hipped roof. The existing residence has a hipped gable roof as the primary roof type and gable roofs. The addition has a hipped roof that matches the primary roof pitch. The siding, trim, etc. are proposed to match the existing. Garage Placement: No garage is proposed. 8 Z CT LLI uj OVW WOF QMV N31WAVO N�r mss, Q -22 13GOVE'd IVIINEIGIS3H A NI 0 5P aiab�-'� v �Z O Q(T is OIH 3 'd V �"Id�siiu % " ()NylHsv 4 "55 mqw , a mh =.a -A ism i Mi co LU W P 3 O LD z IM !aW -- H M H 77 co uj (if ! 3,s 6 ig co P, U pia 1 1.4 LU < LLJ m! j LU s5 ISYO E Bit wif u :z HN 0 UM CO W _am ,arcs alai uaaaoaa H r7", ........ .. .... 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