HomeMy WebLinkAbout1989-104 Findings - ToneyBEFORE THE CITY COUNCIL
CITY OF ASHLAND
December 19, 1989
IN THE MATTER OF PLANNING ACTION #89-153, REQUEST FOR
SITE REVIEW APPROVAL FOR 12 APARTMENT UNITS TO BE
ACCESSED FROM A FLAG DRIVE LOCATED ON SHERIDAN STREET.
APPLICANT: JERRY TONEY
FINDINGS,
CONCLUSIONS
AND ORDERS
RECITALS:
1) Tax lots 100, 305, 306 of 391E 5AC are located on the north side of
Sheridan Street between Grover and North Main Streets and is zoned R-2;
Multi-Family Residential.
2) The applicant is requesting Site Review approval for 12 apartment
units to be accessed from a flag drive located on Sheridan Street. Site
improvements are outlined on the site plan on file at the Department of
Community Development.
3) The criteria for approval of a Site Review are found in Chapter
18.72 and are as follows:
A. Ail applicable City ordinances have been met and will be met by the
proposed development.
B. Ail requirements of the Site Review chapter have been met.
C. The site design complies with the guidelines adopted by the city
Council for implementation of this chapter.
4) The City Council following proper public notice, held a Public
Hearing on December 19, 1989, at which time testimony was received and
exhibits were presented. The city Council denied the application, noting
that the applicant had failed to meet the required burden of proof.
Now, therefore, The Ashland City Council of the city of Ashland
finds, concludes and recommends as follows:
SECTION 1. EXHIBITS
For the purposes of reference to these Findings, the attached index
of exhibits, data, and testimony will be used.
Staff Exhibits lettered with an "S"
Proponent's Exhibits, lettered with a "P"
Opponent's Exhibits, lettered with an "O"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an
"M"
SECTION 2. CONCLUSORY FINDINGS
2.1 The city Council finds that it has received all
information necessary to make a decision based on the Staff
Report, public hearing testimony and the exhibits received.
2.2 The City Council finds that proposal for the construction of
12 apartment units to be accessed from a flag drive located on
Sheridan Street does not meet all relevant criteria outlined in the
Site review Chapter 18.72.
Specifically, the Council finds that the proposed apartment
development does not meet setback requirements of the zone. The
site plan indicates a 10' rear yard setback along the property line
which parallels Sheridan Street. The proposed apartment structures
are two story and, therefore, require a 20' rear yard setback.
Further, Ashland's Site Design and Use Guidelines suggest that,
whenever possible, residential buildings should have their primary
orientation toward the street rather than the parking area. The
orientation of the buildings in this proposal is towards the
parking area. Although, the Council acknowledges the constraints
of the subject parcel, due to°lot configuration and access, the
Council believes design modifications could be incorporated to
insure better compliance with orientation guidelines. ~f~ ~
SECTION 3. DECISION
3.1 Based on the record of the Public Hearing on this matter, the city
Council concludes that the proposal for the construction of 12 apartment
units to be accessed from a flag drive located on Sheridan Street does
not meet the burden of proof for Site Review approval.
Therefore, based on our overall conclusions,
is denied.
Planning Action #89-153
Dated this
day of December 1989.
MAYOR
ATT-ES~: ~-