HomeMy WebLinkAbout2023-03-28 Planning PACKET
Planning CommissionAgenda
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March 28, 2023
STUDY SESSION
AGENDA
I.
CALL TO ORDER: 7:00 p.m., Civic Center Council Chambers, 1175 E. Main Street
II.ANNOUNCEMENTS
III.PUBLIC FORUM
Note: To speak to an agenda item in person you must fill out a speaker request form at the
meeting and will then be recognized by the Chair to provide your public testimony. Written
testimony can be submitted in advance or in person at the meeting. If you wish to discuss an
agenda item electronically, please contact PC-publictestimony@ashland.or.us by March 28,
2023 to register to participate via Zoom. If you are interested in watching the meeting via
Zoom, please utilize the following link: https://zoom.us/j/98837140997
IV.DISCUSSION ITEMS
A. Variances & Exceptions Discussion
V.OTHER BUSINESS
A. Recognition of Retiring Commissioners
VI.OPEN DISCUSSION
VII.ADJOURNMENT
Next Meeting Date: April 11, 2023
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Memo
DATE: March 28, 2023
TO:Planning Commission
FROM: Derek Severson, Senior Planner
RE: Discussion of Variances & Exceptions
Staff have prepared the following information to facilitate further discussion of
Variances and Exceptions as requested by the Planning Commission during the
March 14, 2023 regular meeting.
Type of Variances
In the Ashland Land Use Ordinance, Variances are noted as applying where “practical
difficulties, unnecessary hardships, and results inconsistent with the general purpose
of the Land Use Ordinance” may result from the strict application of certain ordinance
provisions.
Variances may not beused to allow a use that is not in conformity with the uses
specified by this chapter for the district in which the land is located. So, for instance,
a Variance could not be used to approve a commercial use in a residential zone.
Generally, the magnitude of the Variance determines whether it is a “Type I”
application procedure ($1,120.25 fee) subject to a staff decision or a “Type II”
application procedure ($2,247.50 fee) requiring a decision by the Planning
Commission through a public hearing.
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‘Type I’ Variances where a decision by the Staff Advisor is allowed are limited to:
SIGNS:Sign placement or non-conforming signs.
SETBACKS: Up to a 50 percent reduction of standard yard requirements.
PARKING: Parking in setback areas, up to a ten percent reduction in the number
of required parking spaces, or up to a 50 percent reduction for parking
requirements in the Historic District.
LOT REQUIREMENTS: Up to a ten percent reduction in the required minimum lot
area; up to a ten percent increase in the maximum lot coverage percentage;
or up to a 20 percent reduction in lot width or lot depth requirements.
OTHER:Up to ten percent variance on height, width, depth, length, or other
dimensional standard not otherwise listed above.
Any Variance other than those listed above requires a ‘Type II’ procedurewith a
decision by the Planning Commission through a public hearing.
The Variance Chapter (AMC 18.5.5) is attached as an exhibit hereto.
Variances do not apply where the Land Use Ordinance specifically provides for
Exceptions to development standardsin lieu of Variances (e.g., Exceptions to the Site
Development and Design Standards, Solar Setback Exceptions, Exceptions to the
Street Design Standards, Exceptions to the Hillside Lands Development Standards,
Exceptions to the Wildfire Lands Development Standards, Hardship Exceptions for
Development in Water Resource Protection Zones).
During pre-application conferences, where potential Variances are identified as a
component of a request, staff make clear that Variances are discretionary decisions
that are generally difficult to justify and that can increase the level of uncertainty in
the process.
Types Exceptions
Generally speaking, where Variances may apply across a broad section of standards
and requirements in the Land Use Ordinance, Exceptions typically apply only to a
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specific set of development standards and have specific approval criteria based on
the type of Exception.
Hardship Exceptions for Development in Water Resource Protection Zones are subject
to a Type II procedure with a $2,247.50 fee. Solar Setback Exceptions are subject to a
Type I procedure with a $1,120.25 fee. Other Exceptions are typically treated as part of
a larger request, not subject to separate fees (e.g., a Site Design Review application
allows consideration of Exceptions to the Site Development and Design Standards as
part of the Site Design Review request).
Types of Exceptions in the Land Use Ordinance include:
Hardship Exceptions for Development in Water Resource Protection Zones
(Type II)
Solar Setback Exception (Type I)
Exceptions to the Site Development and Design Standards
Exceptions to the Development Standards for Hillside Lands
Exceptions to the Street Design Standards
Exception to a Fire Prevention and Control Plan/Exception to General Fuel
Modification Area Standards
Code sections relative to each of the above Exceptions are attached as exhibits
hereto.
Chapters within the Land Use Ordinance will typically speak to where the
requirements or standards of the chapter apply, and whether they are subject to
Variance or Exception criteria. As an example, the Public Facilities Chapter (AMC
18.4.6) addresses the applicability of Exceptions and Variances as follows in AMC
18.4.6.020.B:
Exceptions and Variances. Requests to depart from the requirements of
this chapter are subject to chapter 18.5.5, Variances, except that
deviations from section 18.4.6.040, Street Design Standards, are subject
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to subsection B.1, Exception to the Street Design Standards \[see
attached\].
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H.Exception to the Development Standards for Hillside Lands. An exception under
this section is not subject to the variance requirements of chapter 18.5.5, Variances.
An application for an exception is subject to the Type I procedure in
section 18.5.1.050 and may be granted with respect to the development standards for
Hillside Lands if the proposal meets all of the following criteria:
1.There is demonstrable difficulty in meeting the specific requirements of this chapter
due to a unique or unusual aspect of the site or proposed use of the site.
2.The exception will result inequal or greater protection of the resources protected
under this chapter.
3.The exception is the minimum necessary to alleviate the difficulty.
4.The exception is consistent with the stated Purpose and Intent of chapter18.3.10,
Physical and Environmental Constraints Overlay, and section18.3.10.090,
Development Standards for Hillside Lands.(Ord.3199§18,amended,06/15/2021;
Ord.3191§18,amended,11/17/2020;Ord.3158§4,amended,09/18/2018)
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18.5.2.050.E.Exception to the Site Development and Design Standards. The approval
authority may approve exceptions to the Site Development and Design Standards of
part 18.4 if the circumstances in either subsection 1, 2, or 3, below, are found to exist.
1.There is a demonstrable difficulty meeting the specific requirements of the Site
Development and Design Standards due to a unique or unusual aspect of an existing
structure or the proposed use of a site; andapproval of the exception will not substantially
negatively impact adjacent properties; and approval of the exception is consistent with the
stated purpose of the Site Development and Design; and the exception requested is the
minimum which would alleviate the difficulty;
2.There is no demonstrable difficulty in meeting the specific requirements, but granting the
exception will result in a design that equallyor better achieves the stated purpose of the
Site Development and Design Standards; or
3.There is no demonstrable difficulty in meeting the specific requirements for a cottage
housing development, but granting the exception will result in a design that equally or
better achieves the stated purpose of section18.2.3.090.(Ord.3147§9,amended,
11/21/2017)
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B.Exceptions and Variances. Requests to depart from the requirements of this chapter
are subject to chapter 18.5.5, Variances, except that deviations from
section 18.4.6.040, Street Design Standards, are subject to subsection B.1, Exception
to the Street Design Standards, below.
Exception to the Street Design Standards.
1.The approval authority may approve
exceptions to the street design standards in section18.4.6.040if the circumstances
in either subsectionB.1.aorb, below, are found to exist.
a.There is demonstrable difficulty in meeting the specific requirements of this
chapter due to a unique or unusual aspect of the site or proposed use of the
site; and the exception is the minimum necessary to alleviate the difficulty;
and the exception is consistent with the purpose, intent, and background of
the street design standards in subsection18.4.6.040.A; and the exception
will result in equal or superior transportation facilities and connectivity
considering the following factors where applicable:
i.For transit facilities and related improvements, access, wait time,
and ride experience.
ii.For bicycle facilities, feeling of safety, quality of experience (i.e.,
comfort level of bicycling along the roadway), and frequency of
conflicts with vehicle cross traffic.
iii.For pedestrian facilities, feeling of safety, quality of experience (i.e.,
comfort level of walking along roadway), and ability to safely and
efficiently cross roadway; or
b.There is no demonstrable difficulty in meeting the specific requirements,
but granting the exception will result in a design that equally or better
achieves the stated purposes, intent, and background of the street design
standards in subsection18.4.6.040.A.(Ord.3204§2,amended,
12/21/2021)
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E.Exceptions to a Fire Prevention and Control Plan and General Fuel Modification
Area Standards. The approval authority may approve exceptions to the Development
Standards for Wildfire Lands to meet the purpose of this chapter subject to approval
through a Type I procedure for the following:
1.An action prescribed by this section that includes the removal of trees designated
to be retained as part of an approved planning action.
2.A change that includes the removal of native vegetation within a Water Resources
Protection Zone.
3.A change in the Fire Prevention and Control Plan not specifically listed as a minor
amendment under subsection18.3.10.100.D.1.
4.Tree removal on C-1, C-1-D, E-1, CM, M-1, HC, R-2, R-3, and NN-2 zoned
properties subject to Tree Removal Permit requirements set forth in
chapter18.5.7.(Ord.3158§1,replaced,09/18/2018)
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18.3.11.080Hardship Exceptions for Development in Water Resource Protection
Zones. Hardship Exceptions shall be subject to a Type II procedure in section 18.5.1.060,
and are not subject to the Variance requirements of chapter 18.5.5 Variances. An application
for a Hardship Exception may be approved if the proposal meets all of the following criteria.
A.
The application of this chapter unduly restricts the development or use of the lot, and
renders the lot not buildable.
B.
The proposed activity or use of land would have been permitted prior to the effective date
of this ordinance.
C.
The applicant has explored all other reasonable options available under this chapter and
other applicable provisions of this ordinance to relieve the hardship.
D.
Adverse impacts on the structures, functions, or values of the resource including water
quality, erosion, or slope stability that would result from approval of the exception have
been minimized and will be mitigated to the greatest extent possible through restoration
and enhancement of the Water Resource Protection Zone in accordance with a mitigation
plan prepared in accordance with the standards and requirements in
section18.3.11.110Mitigation Requirements.
E.
Long term conservation, management, and maintenance of the Water Resource Protection
Zone shall be ensured through preparation and recordation of a management plan as
described in subsection18.3.11.110.C, except a management plan is not required for
residentially zoned lots occupied only by asingle-family dwelling and accessory structures.
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18.4.8.020.C.\[SOLAR ACCESS\] Exceptions and Variances. Requests to depart from
section 18.4.8.030, Solar Setbacks, are subject to subsection 18.4.8.020.C.1, Solar Setback
Exception, below. Deviations from the standards in section 18.4.8.050, Solar Orientation
Standards, are subject to subsection 18.5.2.050.E, Exception to the Site Development and
Design Standards.
Solar Setback Exception.
1.The approval authority through a Type I review pursuant to
section18.5.1.050may approve exceptions to the standards in18.4.8.030, Solar Setbacks,
if the requirements in subsection a, below, are met and the circumstances in subsection b,
below, are found to exist.
a.That the owner or owners of all property to be shaded sign, and record with the
by the City
containing all of the following information:
i.The signatures of all owners or registered leaseholders holding an interest
in the property in question.
ii.A statement that the waiver applies only to the specific building or buildings
to which the waiver is granted.
iii.A statement that the solar access guaranteed by this section is waived for
that particular structure and the City is held harmless for any damages
resulting from the waiver.
iv.A description and drawing of the shading which would occur.
b.The approval authority finds all of the following criteria are met.
i.The exception does not preclude the reasonable use of solar energy (i.e.,
passive and active solar energy systems) on the site by future habitable
buildings.
ii.The exception does not diminish any substantial solar access which benefits
a passive or active solar energy system used by a habitable structure on an
adjacent lot.
iii.There are unique or unusual circumstances that apply to this site which do
not typically apply elsewhere.(Ord.3147§8,amended,11/21/2017)
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