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Home My WebLink AboutRecord for PA 2004-052 CITY OF ASHLAND RECORD FOR PLANNING ACTION 2004-052 REQUEST FOR A CONDITIONAL USE PERMIT AND SITE REVliEW APPROVAL TO CONVERT A PORTION OF THE EXISTING RESIDENCE AT 904 GARDEN WAY INTO AN ACCESSORY RESIDENTIAL UNIT. COMPREHENSIVE PLAN DESIGNATION: SINGLE FAMILY RESIDENTIAL; ZONING: R-1-7.5; ASSESSOR'S MAP #:39 1E 15 AC; TAX LOT: ~)100. APPLICANT: DENNIS GRAY AND JANE CORY-VANDYKE 6-22-04 7-13-04 7-12-04 7-12-04 3-8-04 7 -1-04 6-30-04 6-30-04 6-30-04 6-15-01 6-8-04 6-8-04 6-8-04 6-8-04 5-20-04 5-20-04 5-20-04 5-11-04 5-11-04 5-3-04 4-29-04 4-28-04 4-21-04 4-21-04 4-21-04 4-8-04 Notice of appeal of PA 2004-052 from Christopher Robinson 1-2 Photos submitted by Lynn Costantino 3-7 Photos submitted by Christopher Robinson 8-13 Response to Staff from applicant 14-16 Letters to applicant from Adam Hanks, Code Enforcement Officer & Case Detail Report: 04-001255 along with related permits Fax to applicant from Maria Harris Newspaper Notice of Public Hearing before Council Notice of Public Hearing before Council and related criteria Affidavit of Mailing & mailing list Findings, Conclusions & Orders for PA2004-052 & mailing list Planning Commission Minutes Planning Dept. Staff Report Planning Commission Meeting Exhibits Letter from Gwen Davies - Ex. 1 Letter from Jean Crawford - Ex. 2 Letter from Patty Knapp - Ex. 3 Letter from Paul Giancarlo - Ex. 4 Letter from Jim & Karen Fieguth - Ex. 5 E-mail from Molly Erwin - Ex. 6 Letter from Denise & Gerald Hauck - Ex. 7 Faxed letter in opposition from Chris Robinson Newspaper Notice of Public Hearing before the Planning Commission Hearings Board Notice of Public Hearing and related criteria Affidavit of Mailing and mailing list Minutes of the Planning Commission Hearings Board Letter from applicant in response to neighbor's appeal Request for public hearing from Jim and Karen Fieguth Request for public hearing from Christopher Robinson Request for public hearing from Joanne and Anthony Costantino Notice of Hearings Board meeting, related criteria and mailing list Newspaper Notice of meeting before the Planning Commission Hearings Board Newspaper Notice of meeting of landscape review Planning application and applicant's findings 17-24 25 26 27 -28 29-31 32-37 38-40 41-46 47-51 52-53 54 55 56-61 62 63 64-66 67 68-69 70-72 73 74-75 76 77 78 79-82 83 84 85-1 01 ~,,~'~o-- Christopher Robinson 891 Garden Way AsWand OR 97520 ~t~~=,=:~-- L_..~_" -'-'---..J June 22, 2004 City Administrator City of Ashland 20 East Main St. Ashland OR 97520 RE: Notice of Aooeal re2ardio2 Plannio2 Action 2004-052 (904 C:;arden , Way. Ashland) As the owner-in-residence of the property directly across the street fi.om the subject property,. I hereby request an appeal of planning action #2004-052 as decided by the Planning Commission on June 8, 2004. In this request for appeal I also represent a group of 26 concerned neighbors who oppose Planning Action 2004-052 (names available upon request). The specific grounds for appeal: 1) Increased traffic, parking and pedestrian safety concerns; 2) Lack of "to and through" improved streets in the development; 3) Inadequate off...street parking for the subject property; 4) Diminished "livability" of the single family residence characteris1:i~s of the neighborhood; 5) Misrepresentation by the applicant's representative at the June 8th hearing of the procedural path followed by the applicant. A check in the amount of $264.00 in enclosed as the Standard Appeal Fee. Sincerely, Christopher Robinson / , 88437 Received/rom (k~C~AND Date &~ 2-2--0f ~o;~ ) ~ -tf::. Cash 0 2Jb_fJo/,dh---ll 41'. 2-00 t.j ~ () 5;L.. Check ~ "~ccount Numb~ "mount . Account Number Amount ===:=== 7-10 I 7--1 F /0 == By -_._-zrt TOTAL $ ~toZ;, --- d.. This is a broken down copy of the poster submitted to thle planning commission on Mon. July 12th by Lynn Costantino. It is in regard to: SECTION 18.104.050 APPROVAL CRITERIA C-3 ARCHITECTURAL COMPATIBILITY WITH TH]E IMPACT AREA The first three houses pictured are examples of accessory' units which aesthetically meet the criteria. The individual photo is the subject property located on G~arden Way, which was referred to as a duplex three times by Susan Reid in her testimony. The final three photos are questionable properties located on Garden Way and Harmony Lane. 3 J U L 1 3 Lutilt 'I JUL 1:1 'PUit II r 6' JUl 1 3 2UU4 III j II JUl 1 :3 2004 o JUl 1 3 2004 II r Christopher Robinson 891 Garden Way Ashland OR 97520 July 12, 2004 Plannirig Department City of Ashland 51 Winburn Way Ashland OR 97520 RE: Plannin2 Action.2004-0S2 (904 Garden Way. Ashland) The following exhibits are for the City Council hearing on July 20 re~garding planning action 2004-052. CR-I: Photograph showing tenantts car blocking existing driveway CR-2: Photograph showing close proximity of utility pole to propos,ed driveway extension CR-3: Photograph showing external door and window added to structure in January 2004 CR-4: Case Timeline detailing in chronological order the events of the case and supporting notes from Ashland Code Compliance Specialist <t JUt 1 2 lOO~ : I' Exhibit CR-1 904 Garden Way, May 2004 Tenant's car parked facing wrong way in street and completely obstructing driveway '7 J U L 1 2 2004 III Exhibit CR-2 904 Garden Way, May 2004 Note narrow curb cut and close proximity of utility pole to proposed driveway extension 10 J U L 1 2 2004 II r j II Exhibit CR-3 904 Garden Way . /' , " . '. ~ / t . .~ tl('" . .'" ;... ,of!. . '~.:? .,~~. .~t.A '/",' . . ;'. " . , . ~,. Ii' 1 ',.' . .... ..... . "Il {- ..;,t~?)::'~j: ',' ,.' "."""~...~~" ..' , ,. i . .:.~ Exterior door and window cut into framework in January 2004 to allow access to ARU II J U L 1 2 2004 Exhibit CR-4: 904 Garden Way Case Timeline January 2004: Applicant began remodeling construction on property including cutting in a door and window to external framing. On or before February 9,2004, neighbor Chris Robinson notified Adam Hanks at City of Ashland of the construction, and that no building permit was displayed. The door construction was visible from the street. February 11, 2004: Electrical permit BD-2004-00247 issued with incorrect owner information. February 19,2004: Inspection of property by Adam Hanks. March 8, 2004: Letter sent by Adam Hanks to applicant informing him of need for structural and Conditional Use permits. March 9, 2004: Pre-application filed by applicant. March 11, 2004: Applicant wrote letter to Adam Hanks stating ignorance of the need for permits, yet at the same time stating that they had already applied S for an ARU permit. March 24, 2004: Applicant has pre-application conferences with City of Ashland officials. Project is clearly labeled as a "two family dwelling." April 2004: Applicant applies for Conditional Use Permit, paying standard filing fee of $529. May 13, 2004: Structural Permit BD-2004-00863 issued for deck and stairs at rear of building, again with incorrect owner information. June 8, 2004: Planning Department Staff Report issued on the day of the public hearing, including errors regarding external changes to the dwelling. June 8, 2004: Hearings Board issues decision in favor of applicant over the objections of many neighbors. Supporting attachment: City of Ashland Case Detail Report: 04-001255 J~ JUL 1 2' 200\ , I I, Case Detail Report: 04-001255 Ju17,2004 I Case Inforrnation Case #: 04-001 :255 Address: 904 GARDEN Ashland OR OH Status: Closed Neighborhood: Approx. Location: Priority: Normal Open Date: Feb 19, 2004 Close Date: Apr 2,2004 How Received: Phone Description: duplex use/no permits Categories Land Use Code Citizens Name Home Address Home Phone Business Phone Association CHRISTOPHER ROBINSON Activities 891 GARDEN WAY 5418642067 Complainant Date Activity Feb 19, 2004 Inspection Assigned TolBy Adam Hanks,Adam Hanks Due Feb 20, 2004 Complete Mar 22, 2004 letter from owner, pre-app filed, close Comments : case Violations Violation Code Status Open Date Closed Date Comments Documents Date Mon Mar 0809:110:47 MST 2004 Notes Type application/octet -stream Source Description Letter Sent Date Thu Feb 19 15:01 :10 MST 2004 Thu Feb 19 Note Type Detailed Description Description New owners: Dennis Gray 668 Leonard Citizen Attached Citzen "CHRISTOPHER ROBINSON" was attached to the case. /3 JUl , 2 2nn~ 07/01/2004 THU 11:02 FAX 5415522050 City of Ashland Planning Fax ~ 001/002 .. ~ i\ · · , ~ ~r ' ,.. ~".. ~ ITY OF ' If' ~ f^ HLAND ~ .I" ~'1 DATE; TO: FROM: RE: PAGES: 7.1.04 Jane Cory-VanDyke Maria Harris appeal request for 904 Garden Way , 2 Jane, attached is a copy of the appeal letter. The appellants may submit additional information for the Council hearing- you may want to check with me on July 12. I Teoommend submitting the following additional materials for the public hearing at the City Council- I need this information by the morning of Monday, July 12. A site plan which calls out setbacks from all sides of the building to property lines. The scale used 1 n = 15' is not a standard scale - e' e sacks neW to be called out or the plan redrawn using an engineering scale .e. 1" = 20') architectural scale (i.e. liB" = 1 '). ~ a driveway plan demonstrating that condition #13 added by the Hearings Board can be met- show full length of front property line along Garden Way. One "off-street parking crediet required 48 feet of uninterrupted curb is required contiguous to the lot which contains the use which requires the parking (18.92.025). Condition #13 reads: That the driveway apron shall be removed and replaced with a new driveway Grpron by shifting the location to the south and centering a new apron to provide access to the two off- street parking spaces and to provide 48 feet of adjacent uninterrupted curb necessary for one o.Jf.street parking credit. A driveway apron plan shall be submittedfor review and approval of the Staff Advisor prior to installation. Apermitfor work in the sireet right-o,fway shall be obtaine.d prior to installation from the Ashland Engineering Division. The new driveway apron and curb replacement shall be installed in accordance with the approved plan prior to issuance of a certificate of occupancy for the accessory residential unit. Dep~l of Cammul\lty Development 20 East Main StreeI: Ashlal"d, Oregon 97&20 www.asliand.or.us 'I' Tel; 541-466-5305 Fax: 541.552.2050 TTV; 800-735-2900 J+ ran\\nf7f'; llliUl\u 'j"-1~1 :J~Jl '! Jr. ~I w.., i' U oJ j L,__"",,-,;/ b Utility Pole Parking Detail Proposed ARU: 904 Garden Way April 2004 i Scale:l/8" = 1 foot t . Qarden Way_ ~ E- ~( " 0) ;>- '"0 "C O)Q , (/) - '0 0) 0..;>- o ro ~ ~ ~O r ! Existing: Gravel ~. 0), ~ ~ ..e 0) Il 1/ 1< ~ / ~7' '18" ~~-w ater- Kleter , New DriVeway Apron , ~ ~ 1- Concrete ----------- House / Proposed ARU I I~ . fr r[ . fUrr:nr~ l'" "~lt,-_tlt L if, JUL 1 2 2C~' fJ t,L,"';.,:,:" "L.:'.~ UL"~ I, ~ I r . , P~operty Line ' ~ ~ -'~~~J]I?GI -.',\" ., \ JUL 1 2. 2004 L~ ...:i rs:: ~e Ul - .~~...~....~ J~O~_Wd~':LLi~,".LJ' .. : I' ) Catch basin at corner of Garden Way and Clark St, Fire hydrate 200 feet to the north ~ Tax Lot Number 5100 Zone R-I-7.5 Lot Size 8,125 Sq. Feet Scale: I" = 20 feet 65 feet Lawn Bedroom I <11- Bedroom Proposed Accessory Unit 904 Garden Way, Ashland T / f I Property Lines ~ y I- I ~'1:l -1>-.... -"0 1.11'0 mO .g ~ ~ ~ 'Tln " " ~ ~ '-'~ c:: ~. IV 1.11 i Q i ~ cr [. ~. g 1 r- I I Concrete Slab Kitchen Laundry ~ Electric Meter TrashlRecycle area Living TW(l Bedroom House (1100 Square Feet) Carport Lawn. Q Q ~ ~ t:l ::1. <: ~ .e! Water Meter \. Utility Pole Garden Way 6 inch water line 6 inch sewer line It::, II CITY OF ASHLAND March 8, 2004 Dennis Gray 668 Leonard S t Ashland, OR 97520 Dear Mr. Gray: This letter is in n::ference to a concern that has recently been brought to my attention regarding recent construction activity and potential use of the property under your ownership located at 904 Garden Way in Ashland. It appears that SOlne remodeling work is being done on the residence, some of which requires building permits. In revie'wing recent permit activity, no permits were issued for this address. Additionally, concern was raised regarding the modifications to the residence being done in such a manner that a second, separate unit is created. As you are probably aware, the zoning classification for this area is R-l, single family residential. Acceessory Residential Units (ARU's) can be potentially approved through a conditional use permit process, where the additional parking demands, size of the unit relative to the primary and other issues are reviewed. Please contact me: at your earliest convenience so we can determine what permits are needed and what already completed work needs to be inspected. The permit process will also resolve the second unit potential for the property. Sincerely, ~- Adam Hanks Code Compliance DEPT OF COMMUNITY DEVELOPMENT 20 East Main St Ashland, Oregon 97520 www.ashland.or.us Tel: 541-488-5305 Fax: 541-488-5311 TTY: 800-735-2900 /7 ~~, March 11, 2004 Adam Hanks Code Compliance City of Ashland Dear Mr. Hanks, I just received a letter that you sent to me regarding a concern over remodeling activity and potential use of the property that my wife and I recently purchased at 904 Garden Way in Ashland. We did not realize that permits were required for the kind of repairs we have been rnaking on this property. We have recently removed the old roofing and put on a new roof, which vvas installed by John Minter Construction of Central Point. We have painted and taken out the existing carpet. We are remodeling a bathroom: changing the shower surround and removing a funky sink cabinet that was in disrepair. We have had Rogue Valley Electric install a 200 amp rain- tight panel for which we obtained a permit from the City of Ashland Electric Department. It is my understanding, after an informal meeting with a City of Ashland planner, that our proposed use of the property likely meets all requirements for an accessory unit. We have applied to the city for a permit for an Accessory Residential Unit (Permit # PL-2004-00416). Of course we will have a better idea of this at our pre-application conference. It is our understanding that our closest neighbor is unhappy about having a potential rental property next door. We wish to assure the City of Ashland that we will do everything in our power to be good neighbors by protecting existing neighbors' privacy through appropriate screening and a commitment to improve the visual appearance of the property through landscaping and a sensitivity to the existing streetscape. Ivly wife and I hope to be able to Ineet with you early next week to clear up any misunderstandings and of course obtain the required permits for these repairs. Dennis J. Gray 482-5735 It II Case Detail Report · 04-001255 Jul 7, 2004 I Case Infornlation Case #: 04-0012:55 Address: 904 GARDEN Ashland OR OR Status: Closed Neighborhood: Approx. Location: Priority: Normal Open Date: Feb 19, 2004 Close Date: Apr .2,2004 How Received: Phone Description: duplex use/no permits Categories Land Use Code Citizens Name Home Address Home Phone Business Phone Association CHRISTOPHER ROBINSON Activities 891 GARDEN WAY 5418642067 Complainant Date Activity Feb 19, 2004 I'nspection Assigned To/By Adam Hanks,Adam Hanks Due Complete Mar 22, 2004 Feb 20, 2004 letter from owner, pre-app filed, close Comments : case Violations Violation Code Status Open Date Closed Date Comments Documents Date Type appl ication/octet -stream Source Description Mon Mar 08 09:10:47 MST 2004 Notes Letter Sent Date Thu Feb 19 15:01:10 MST 2004 Thu Feb 19 Note Type Detailed Description Description New owners: Dennis Gray 668 Leonard Citizen Attached Citzen "CHRISTOPHER ROBINSON" was attached to the case. /q 15:01 :10 MST 2004 Thu Feb 19 15:01 :11 MST 2004 Mon Mar 08 09:10:47 MST 2004 Tue Mar 09 12:04:13 MST 2004 Fri Apr 02 08: 16:28 MST 2004 II: Inspection - Activity Document Attached General Case Information General Case Information Activity -Inspection - Assigned to Department Code Enforcement Document "904Garden.doc" was attached to the case. Pre-app filed 3/8/04. Notified complainant 3/9/04 Letter returned from Dennis Gray, property owner. Also pre-app submitted. Made comments on pre-app included both letters. Will be resolved through land use process ~o Phone: State Lie No: City Lie No: Sub-Contractor: OWNER CONTRACTOR Address: Phone: State Lie No: City Lie No: exempt COMMUNITY DEVELOPMENT 20 East Main St. Ashland, OR 97520 'MVW.ashland.or.us Tel: 541-488-5305 Fax: 541-488-5311 TTY: 800-735-2900 Inspection Request Line: 541-552-2080 ~( CITY OF ASHLAND I hereby certify the contents of this application to be correct to the best of my knowledge, and furthermore, that I have read, understood and agreed to the following: Fee Summary Paid Amounts 1. This permit shall remain valid only in accordance with code or regulation provisions relating to time lapse and revocation (180 days). 2. Work shall not proceed past approved inspection stage. All required inspections shall be called for 24 hours in advance. 3. Any modifications in plans or work shall be reported in advance to the department. 4. Responsibility for complying with all applicable federal, state, or local laws, ordinances, or regulations rests solely with the applicant. Building: $ State Surcharge: $ Development Fees: $ Systems Development Charges: $ Utility Connection Fees: $ Public Works Fees: $ Planning Fees: $ 36.30 1.54 11..23 0..00 0.,00 0,,00 0,,00 $ 36.30 $ 1.54 $ 11.23 $ 0.00 $ 0.00 $ 0.00 $ 0.00 49.07 49.07 o Applicant Date Sub-Total: :$ Fees Paid: :$ Total Amount Due: :$ COMMUNITY DEVELOPMENT 20 East Main St. Ashland, OR 97520 www.ashland.or.us Tel: 541-488-5305 Fax: 541-488-5311 TrY: 800-735-2900 Inspection Request Line: 541-552-2080 ~~ CITY Of ASI-ILAND III j II Contractor: Address: Phone: State Lic No: City Lic No: Sub-Contractor: ROGUE VALLEY ELECTRIC Address: 137. NOB HILL ST ASHLAND OR 97520 Phone: (541) 488-1937 State Lie No: City Lic No: 51466 Fee Description Electric Service\Feeder Fee Amount Fee Description 63.00 State Surcharge - Electric 7% 4.41 Amount COMMUNITY DEVELOPMENT 20 East Main St. Ashland, OR 97520 www.ashland.or.us Tel: 541-488-5305 Fax: 541-488-5311 TTY: 800-735-2900 Inspection Request Line: 541-5!52-2080 A~ CITY OF ASHLAND liD . . Standard Electric Permit Permit Number: 80-2004-00247 I hereby certify the contents of this application to be correct to the best of my knowledge, and furthermore, that I have read, understood and agreed to the following: Fee Summary Paid Amounts 1. This permit shall remain valid only in accordance with code or regulation provisions relating to time lapse and revocation (180 days). 2. Work shall not proceed past approved inspection stage. All required inspections shall be called for 24 hours in advance. 3. Any modifications in plans or work shall be reported in advance to the department. 4. Responsibility for complying with all applicable federal, state, or local laws, ordinances, or regulations rests solely with the applicant. Building: $ State Surcharge: $ Development Fees: $ Systems Development Charges: $ Utility Connection Fees: $ Public Works Fees: $ Planning Fees: $ 63,.00 4.41 0.00 01.00 01.00 01.00 01.00 $ 63.00 $ 4.41 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 67.41 67.41 o Applicant Date Sub-Total: $ Fees Paid: $ Total Amount Due: $ COMMUNITY DEVELOPMENT 20 East Main St. Ashland, OR 97520 www.ashland.or.us Tel: 541-488-5305 Fax: 541-488-5311 TTY: 800-735-2900 Inspection Request Line: 541-552-2080 ~4 CITY OF AS 1--1 LAN D III CITY OF ASHLAND Fax DATE: TO: FROM: RE: PAGES: 7.1. 04 Jane Cory-VanDyke Maria Harris appeal request for 904 Garden Way 2 Jane, attached is a. copy of the appeal letter. The appellants may submit additional information for the Council hearing - you may want to check with me on July 12. I recommend subrnitting the following additional materials for the public hearing at the City Council - I need this information by the morning of Monday, July 12. o site plan which calls out setbacks from all sides of the building to property lines. The scale used 1'" = 15' is not a standard scale - either the setbacks need to be called out or the plan redrawn using an engineering scale (i.e. 1" = 20') or architectural scale (i.e. 1/8" = 1 '). o a driveway plan demonstrating that condition #13 added by the Hearings Board can be met- show fiulllength of front property line along Garden Way. One "off-street parking credit" required 48 feet of uninterrupted curb is required contiguous to the lot which contains the use which requires the parking (18.92.025). Condition #13 reads: That the driveway apron shall be removed and replaced with a new driveway apron by shifting the location to the south and centering a new apron to provide access to the two off- street parking spaces and to provide 48 feet of adjacent uninterrupted curb necessary for one off-street parking credit. A driveway apron plan shall be submitted for review and approval of the Staff Advisor prior to installation. A permit for work in the street right-of-way shall be obtained prior to installation from the Ashland Engineering Division. The new driveway apron and curb replacement shall be installed in accordance with the approved plan prior to issuance of a certificate of occupancy for the accessory residential unit. Department of Community Ol~velopment 20 East Main Street Ashland, Oregon 97520 www.ashland.or.us Tel: 541-488-5305 Fax: 541-552-2050 TTY: 800-735-2900 ~~ r.l' A TTN: JODY-CLASSIFIED PUBLISH IN LEGAL ADVERTISING NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that a Public Hearing on the following items with respect to the Ashland Land Use Ordinance, will be held before the Ashland City Council on July 20, 2004 at 7:00 p.m. at the Ashland Civic Center, 1175 East Main Street, Ashland, Oregon. At such public hearing any person is entitled to be heard, unless the public hearing portion of the review has been closed during a previous meeting. Request for a Conditional Use Permit and Site Review to convert a portion of the existing residence at 904 Garden Way into an accessory residential unit. Barbara Christensen City Recorder Publish: 7/8/04 P. O. No. 60645 ~~ t, : / , ~- ( \ e~_~Ji( ~~~ (. ( alo f ;2..1:, II I Notice is hereby given that a PUBLIC HEi ~~G on the following request with respect to the ASHLAND LAND USE ORDINANCE will be held befor~ the ASHLAND CITY COUNCIL pn July 20th, 2004 at 7:00 p.m. at the ASHLAND CIVIC CENTER, 1175 East Main Street, Ashland, Oregon. The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, either in person or 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 Commission to respond to the issue precludes an action for damages in circuit court. III A copy of the application" )cuments and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. A copy of the Staff Report will be available for inspection seven days prior to the hearing and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Department, Community Development and Engineering Services, 51 Winburn Way, Ashland, Oregon 97520. During the Public Hearing, the Mayor shall allow testimony from the applicant and those in attendance concerning this request. The Mayor shall have the right to limit the length of testimony and require that comments be restricted to the applicable criteria. Unless there is a continuance, if a participant so requests before the conclusion of the hearing, the record shall remain open for at least seven days after the hearing. If you have questions or comments concerning this request, please feel free to contact Susan Yates at the Ashland Planning Department, Community Development and Engineering Services, at 541-552-2041. Our TTY phone number is 1-800-735- 2900. t\ N PLANNING ACTION 2004-052 is a request for a Conditional Use Permit and Site Review to convert a portion of the existing residence at 904 Garden Way into an accessory residential unit. Comprehensive Plan Designation: Single Family Residential; Zoning: R-1-7.5; Assessor's Map #: 39 1 E 15 AC; Tax Lot: 5100. APPLICANT: Dennis Gray arid Jane Cory-VanDyke ~ ..J~IL. f\LVJ.Ln ,:~; 18.72.070 Criteria for Approval. The following criteria shall be used to approve or deny an application: A. All applicable City ordinances have been met or will be met by the proposed development. S" All requirements of the Site Review Chapter have been ,met or will be met. C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage. and adequate transportation can and will be provided to and through the subject property. (Ord. 2655, 1991) CONDITIONAL USE PERMITS 18.104.050 Annroval Criteria. A conditional use permit shall be granted if the approval authority finds that the proposed use conforms, or can be made to conform through the imposition of conditions, with the following approval criteria. A. 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 conformanc~vith relevant Comprehensive plan policies that are not implemented by any City, state, or Federal law or program. B. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be~ provided to and through the subject property. C. 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. When evaluating the effect of the propose~d 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: 1. Similarity in scale, bulk, and coverage. 2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. 3. Architectural compatibility with the impact area. 4. Air quality, including the generation of dust, odors, or other 'environmental pollutants. 5. Generation of noise, light, and glare. 6. The development of adjacent properties as envisioned in the Comprehensive Plan. 7. Other factors found to be relevant by the Hearing Authority for review of the proposed use. R( II I III 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 97Ei20, in the Community Development Department. 2. On IlIn~ 30, ?004, I caused to be mailed, by regular mail, in a sealed envelope w'ith postage fully prepaid, a copy of the attached Findings 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 # 2004-052 . /~-'-o4-J~~ Signature of mployee /1~ ~ SIGNED AND SWORN TO before me thisacrday ofi{l:ne, 2004. OFFICIAL SEAL SONJA N AKERMAN NOTARY PUBLIC - OREGON COMMISSION NO. 355829 MY COMMISSION EXPIRES APRil 6. 2006 ]/{.~~ Notary blic for State of Oregon My Commission Expires: tf -(, -- () t, Comm-DeV\Planning\ Templates :<1 , 391E15AC8100, PA#2004~052 , , ,'ALSING ALLEN AlKATHERINE M ,970,WALKERAVE . . ASHLAND, OR 97520 391E15AC3900, PA#2004-052 BACON CURTIS J/SUSAN E 891 HARMONYLN ASHLAND, OR 97520 " 391EI5AC3800,'P A#2004-052 . BAZE LOUIS CAIlBAZE MONIQUE 88"1 HARMONY LN ASHLAND, OR ' 97520 391E15AC2000,PA#2004-052 CRAFT C AlCLAIRE G" 910HARMONYLN "ASHLAND, OR '97520 391EI5AC4300, P A#2004-052 . DEMERRITT DIANE UHAMNETI D 935 HARMONY LN ASHLAND, OR 97520 391EI5AG7400, ,P A#2004-052 , .GROSSMAN HEIDI P , 923 GARDEN WAY 'ASHLAND, OR 97520 391E15AC21 OO,.P A#2004-052 'KNAPP MICHAEL FlP ATRICIA A 902 HARMONY LN "ASHLAND, OR -97520 : 391E15AC7000,PA#2004-052 WAREPAlTY JOIFRANKJ '869 GARDEN WAY ASHLAt'lL>, OR 97520 , 391E15AC5200, P A#2004-052 . MEYERS WILLIAMlKAREN BOLDA 892'GARDEN'WAY ASHLAND, OR 97520 , 391E15AC71Ql, PA#2004-052 '.ROBINSON CHRISTOPHER . PO BOX 3555 < . ASHLAND, OR 97520 II I 391ElSAC7900, P}~1f2094 052 ' ALSINC ALLEN "'VK.....THERINE '-t: . 9=IO-WALKER AVE ASHLAND, OR 97S20 391E15AC4100, PA#2004-052 BALLENGER JOAN WIMARTIN AMA '911 HARMONY LN ASHLAND, OR 97520 391EI5AC4800,PA#2004-052 BROWN JOE AlJMT}E 932 GARDEN WAY ASHLAND, OR 97520 391EI5AC4200,PA#2004-052 CRAWFORD J VERNON TRUSTEE 923 HARMONY LN ASHLAND, OR' 97520 391E15AC1900, PA#2004-052 ERWlNMOLLY 922 HARMONY LN ASHLAND, OR 97520 391E15AC3700, P A#2004-052 HILLIGOSS LOlL KUZMIC 869 HARMONY LN ASHLAND, OR 97520 391EI5AC5300,P A#2004-052 '-KRANCEVIC STEPHEN/JANUARY J 882 GARDEN WAY , -ASHLAND, OR 97520 391EI5AC4000,PA#2004-052 MALLANIK. JUDY L TRUSTEE 21 CRESTRD FAIRFAX, CA. 94930 391E15AC4700,PA#2004-052 RAPP WILLIAM JOSEPH/DOLL Y 950 GARDEN WAY . ASHLAND, OR 97520 391ElSAC7690, PA1f2904 052 ALSINC ALbEN A!K!~THERINE '-t: 979 lNALKER A VB ASHLAND, OR 97520 391E15AC7500, PA#2004-052 BATTERS JON L 935 GARDEN WAY ASHLAND, OR 97520 391EI5AC2200,PA#2004-052 COSTANTINO ANTHONY UJOANNE 892 HARMONY LN ASHLAND, OR 97520 391EI5AC2300,PA#2004-052 CURRY ROGER SCOTT 882 HARMONY LN ASHLAND, OR 97520 391EI5AC5000,PA#2004-052 GIANCARLO PAUUMARY SHAFFER 916 GARDEN WAY ASHLAND, OR 97520 391E15AC7300, P A#2004-052 JONES GARY D/DEBORAH M 1163 BELL VIEW A VB ASHLAND, OR 97520 391E15AC7100 & 7102, PA#2004-052 LINDSAY C H TRUSTEE 889 GARDEN WAY ASHLAND, OR 97520 391E15AC5100, PA#2004-052 MANN DONALD J/LARA K 904 GARDEN WAY ASHLAND, OR 97520 391E15AC4900, PA#2004-052 RESCH RACHAEUR L SEIDMAN 924 GARDEN WAY ASHLAND" OR 97520 391E15AC5400, PA#2004-052 391E15AC4400, PA#2004-052 SALDANA CONS! ANCE A SKLAR MADELEINE/KENT HARRIS 1650 SUNSET AVE 810 GARDEN WAY , ASHLAND, OR 97520 JtJ ._ \ ~SHLAND:, OR 97520 ~, ~.e~ --L 1c:'-- ~~ CL1-: Q-p? tlL"-- ~ I gP /0 L{ III DENNIS GRAY & JANECORY-VANDYKE 668 LEONARD ASHLAND OR 97520 .JIM & KAREN FIEGUTH 850 GARDEN WAY ASHLAND OR 97520 GWEN DAVIES 860 HARMONY LANE ASHLAND OR 97520 JIM & KAREN FIEGUTH 850 GARDEN WAY ASHLAND OR 97520 DENISE & GERALD HAUCK 847 GARDEN WAY ASHLAND OR 97520 SUSAN REID 171 GRANITE STREET ASHLAND OR 97520 .3/ ~~ ./~-( r--(7~~~ C<-p p.-aZ , CITY OF ASHLAND L5 June.l4;'2004 Dennis Gray and Jane Cory VanDyke 668 Leonard Street Ashland, OR 97520 RE: Planning Action #2004-052 Dear Dennis Gray and Jane Cory VanDyke: At its meeting of June 8, 2004, the Ashland Planning Commission approved your request for a Conditional Use Permit and Site Review for the property located at 904 Garden Way -- Assessor's Map # 39 1 E 15 AC, Tax Lot 5100. ers document, adopted at the June 8, 2004 meeting, is enclosed. 1. A final map prepared by a registered surveyor must be submitted within one year of the date of preliminary approval; othelWise, approval becomes invalid. 2. A fmal plan must be submitted within 18 months of the date of preliminary approval; othelWise, approval becomes invalid. Q 6J Q There is a 15-day appeal period which must elapse before a building permit may be issued. All of the conditions imposed by the Planning Commission must be fully met before an occupancy pennit may be issued. Planning Commission approval is valid for a period of one year only, after which time a new application would have to be submitted. Please feel free to call me at 488-5305 if you have any questions. cc: Property Owner, People Who Testified, People Who Submitted Letters DEPT. OF COMMUNITY DEVELOPMENT 20 E. Main Street Ashland, Oregon 97520 www.ashland.or.us Tel: 541-488.5305 Fax: 541-552-2050 TTY: 800.735.2900 3~ r.l' III III BEFORE THE HEARINGS BOARD June 8, 2004 IN THE MATTER OF PLANNING ACTION #2004-052, REQUEST FOR ) A CONDITIONAL USE PERMIT AND SITE REVIEW APPROVAL TO ) FINDINGS, CONVERT A PORTION OF THE EXISTING RESIDENCE AT 904 GARDEN WAY ) CONCLUSIONS INTO AN ACCESSORY RESIDENTIAL UNIT. ) AND ORDERS ) ) APPLICANT: Dennis Gray and Jane Cory-VanDyke ) ----------------------.---------------------------------- RECITALS: 1) Tax lot 5100 of 39 IE 15AC is located at 904 Garden Way and is zoned R-1-7.5; Single-Family Residential. 2) The applicant is requesting a Conditional Use Permit and Site Review approval to convert 475 square feet of the existing residence into an accessory residential unit. Site improvements are outlined on the plans on file at the Department of Community Development. 3) The criteria for a Conditional Use Permit are described in Chapter 18.104 as follows: A. 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. B. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. C. 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. 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: 1. Similarity in scale, bulk, and coverage. 2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. 3. Architectural compatibility with the impact area. 4. Air quality, including the generation of dust, odors, or other environmental pollutants. 5. Generation of noise, light, and glare. 6. The development of adjacent properties as envisioned in the Comprehensive Plan. P A 2004-052 June 8, 2004 Page 1 33 7. Other factors found to be relevant by the Hearing Authority for review of the proposed use. Further, the criteria for Site Review approval are described in Chapter 18.172 as follows: A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. 4) The Hearings Board, following proper public notice, held a Public Hearing on June 8, 2004 at which time testimony was received and exhibits were presented. The Hearings Board approved the application subject to conditions pertaining to the appropriate development of the site. Now, therefore, The Hearings Board 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 "0" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M" SECTION 2. CONCLUSORY FINDINGS 2.1 The Hearings Board 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 Hearings Board finds that the proposal meets all applicable criteria for a Conditional Use Permit described in the Conditional Use Permits Chapter 18.104, and the criteria for Site P A 2004-052 June 8, 2004 Page 2 34- II I III Review approval described in the Site Design and Use Chapter 18.72. SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, the Hearings Board concludes that the proposal to convert 475 square feet of the existing residence into an accessory residential unit is supported by evidence contained within the record. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action #2004-052. Further, if anyone or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #2004-052 is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant are conditions of approval unless otherwise modified here. 2) That the driveway and edging for the second parking space on site shall be installed prior to issuance of the certificate of occupancy. 3) That the property owners shall sign in favor of a local improvement district to install sidewalks on Garden Way prior to issuance of the building permit for the accessory residential unit. 4) That a separate electric meter for the accessory residential unit shall be installed in accordance with Ashland Electric Department requirements prior to issuance of the certificate of occupancy. 5) The landscaping plan shall be revised to eliminate additional plantings other than ground cover in the street right-of-way (area behind curb), and to include street trees at 1 per 30 feet of street frontage prior to issuance of the building permit. That a landscape plan shall be submitted for review and approval of the Staff Advisor prior to issuance of the building permit. Landscaping and the irrigation system shall be installed in accordance with the approved plans prior to issuance of the certificate of occupancy. 6) The street trees shall be installed behind the location of a future sidewalk prior to the issuance of the certificate of occupancy for the primary residence. All street trees shall be chosen from the adopted Street Tree List and shall be installed in accordance with the specifications noted in Section E of the Site Design and Use Standards. The street trees shall be irrigated. 7) That the irrigation plan shall be submitted with the building permit for the accessory residential unit for review and approval by the Ashland Conservation Division. 8) That all requirements of the Ashland Fire Department shall be met including, but not limited to installation of smoke alarms complying with current O.R.S. requirements, prior to issuance of the certificate of occupancy. P A 2004-052 June 8, 2004 Page 3 2~ 9) That an opportunity to recycle site shall be located on the site, or an individual recycle bin shall be provided to the accessory residential unit in conformance with 18.72.040 prior to issuance of the certificate of occupancy for the accessory residential unit. 1 0) That all requirements of the Ashland Building Division shall be met including, but not limited to separation requirements. A building permit shall be obtained as required by the Ashland Building Division for modifications to create the accessory residential unit. 11) That the Systems Development Charges (SDC's) for transportation, parks, water and sewer shall be paid in full with the building permit or prior to the issuance of the certificate of occupancy, whichever is issued first. 12)That all exterior lighting shall be directed on the property and shall not illuminate adjacent proprieties. 13 )That the driveway apron shall be removed and replaced with a new driveway apron by shifting the location to the south and centering a new apron to provide access to the two off-street parking spaces and t6 provide 48 feet of adjacent uninterrupted curb necessary for one off-street parking credit. A driveway apron plan shall be submitted for review and approval of the Staff Advisor prior to installation. A permit for work in the street right-of-way shall be obtained prior to installation from the Ashland Engineering Division. The new driveway apron and curb replacement shall be installed in accordance with the approved plan prior to issuance of a certificate of occupancy for the accessory residential unit. ~~ Hearings Board prova /-r-v r Date P A 2004-052 June 8, 2004 Page 4 3~ III useAvery~ TEMPLATE 5160e P A2004-52 904 GARDEN WAY ACCESSORY RES. UNIT JEANM CRAWFORD 923 HARMONY LANE ASHLAND OR 97520 JIM & KAREN FIEGUTH 850 GARDEN WAY ASHLAND OR 97520 CHRISTOPHER ROBINSON 891 GARDEN WAY ASHLAND OR 97520 JANIE BROWN 932 GARDEN WAY ASHLAND OR 97520 Jam Free Printing ~ AVERY@ III ~, AVERY@ 5160(lj) DENNIS GRAY JANE CORY VANDYKE . 668 LEONARD STREET ASHLAND OR 97520 GWEN DAVIES 860 HARMONY LANE ASHLAND OR 97520 PATTY KNAPP 902 HARMONY LANE ASHLAND OR 97520 PAUL GIANCARLO 916 GARDEN WAY ASHLAND OR 97520 MOLLY ERWIN 922 HARMONY LANE ASHLAND OR 97520 DENISE & C3ERALD HAUCK 847 GARDEN WAY ASHLAND OR 97520 ANTHONY & JOANNE COSTANTINO 892 HARMONY LANE JOAN BALLINGER 911 HARMONY LANE ASHLAND OR 97520 SUSAN REID 171 GRANITE STREET ASHLAND OR 97520 f0 I ~L /\ :J~~~ P 111 d.. CJt1) 4,-cD 5?~ 6 -{5- 0 <-f.U i~~ 37 www.avery.com 1-800-GO-AVERY (462-8379) PLANNING ACTION 2004-078 REQUEST FOR A CONDITIONAL USE PERMIT AND SITE REVIEW TO CONSTRUCT AN APPROXIMATELY 499 SQUARE FOOT ACCESSORY RESIDENTIAL UNIT ON THE PROPERTY LOCATED AT 572 HOLLY STREET. APPLICANT: MEDINGER CONSTRUCTION This action was approved. PLANNING ACTION 2004-081 REQUEST FOR FINAL PLAN AND SITE REVIEW APPROVAL FOR A FOUR lOT, 13-UNIT PROJECT AT 954 B STREET. THE PROJECT Will CONSIST OF THE EXISTING SINGLE FAMilY RESIDENCE AND THREE, FOUR-UNIT MULTI-FAMILY CONDOMINIUM BUILDINGS. APPLICANT: ARCHERD/DRESNER, llC This action was approved. PLANNING ACTION 2004-074 REQUEST PHYSICAL CONSTRAINTS REVIEW PERMIT TO AllOW "DEVElOPMENr' (I.E. INSTALLATION OF A DRIVEWAY) ON THE PROPERTY IDENTIFIED. AS HillSIDE LANDS AT 327 GRANITE STREET. ADMINISTRATIVE VARIANCES TO THE DEVELOPMENT STANDARDS FOR HillSIDE LANDS ARE REQUESTED TO PERMIT THE DRIVEWAY ON LANDS GREATER THAN A 35 PERCENT SLOPE FOR A LENGTH GREATER THAN 100 FEET, TO PERMIT A DRIVEWAY GRADE IN EXCESS OF 15 PERCENT, AND TO PERMIT A VERTICAL CUT SLOPE IN EXCESS OF 15 FEET IN HEIGHT. THE APPLICATION ALSO INCLUDES A TREE REMOVAL PERMIT. APPLICANT: CARLOS REICHENSHAMMER This action was approved. IV. TYPE II PLANNING ACTIONS PLANNING ACTION 2004-052 REQUEST FOR A CONDITIONAL USE PERMIT AND SITE REVIEW TO CONVERT A PORTION OF THE EXISTING RESIDENCE AT 904 GARDEN WAY INTO AN ACCESSORY RESIDENTIAL UNIT. APPLICANT: DENNIS GRAY AND JANE CORY-VANDYKE Site Visits and Ex Parte Contacts - Site visits were made by Dotterrer and KenCairn. STAFF REPORT Harris said the proposal is to use 475 square feet of existing space for an accessory residential unit. One parking space is being added next to the driveway. The application meets all the requirements of the R-l zone. Harris said there is 46 feet of uninterrupted curb, dose to the number of feet required for one on-street parking space. PUBLIC HEARING SUSAN REID, 171Granite Street, is representing the applicant. Reid was a Council member that helped develop the ordinance allowing accessory residential units with a Conditional Use Permit. Fifteen years later, she thinks it still holds true that the only way to develop small apartments in Ashland is through this ordinance. Banks are not encouraging people to build studio and one-bedroom apartments. This was an early attempt to provide affordable housing for single people. A small duplex is better than renting a single house to several individuals. JEAN CRAWFORD, 923 Harmony Lane, believes this area is unsuitable for accessory units. Most homes have one car garages. Most of the garages have been converted into living spaces. Often a unit comes with two to four vehicles. She is concerned about traffic and parking impacts as well as limited privacy and no open space. GWEN DAVIES, 860 Harmony Lane, read a statement in opposition. She referred to the R-l defInition and described their neighborhood. Then~ are no sidewalks, as well as additional parking pressures and traffIc congestion. There are children at play, erosion of the family atmosphere with the increase in the number of accessory residential units. Ken Cairn explained that part of the purpose of the CUP for an accessory residential unit has been to allow aging parents to live on the same property under the care of their adult children. By denying the CUP, we might never allow parents to live on the same property as their children. ASHLAND PLANNINC COMMISSION HEARINGS BOARD JUNE 8, 2004 MINUTES 2 3<( II I III Davies said she would support a family arrangement. Knox said what dictates the USe of the accessory unit is the size. The proposal is for 475 square feet. This is a one person space. JOAN BALLINGER, 911 Harmony Lane, concurred with Davies' remarks. She is opposed to the application. She has college students living next door to her. The problems she has had relate to noise and the tenant's disorderly conduct. The neighborhood has changed and it is not a positive change. There is no more room on Harmony Lane for cars. She is concerned about landlord accountability. CHRIS ROBINSON, 891 Garden Way, read comments from the letter he submitted urging denial of the application. KAREN FIEGUTH, 850 Garden Way, submitted photos and read a letter in opposition. JOANNE COSTANTINO, 892 Harmony Lane, asked why the construction on the proposed property was almost finished before they received notice. It's differet)t if you own the house and live there versus the owner living off-site. She read a letter from PAm KNAPP, 902 Harmony Lane. JANIE BROWN, 932 Garden Way, said there is not enough room for parking on the street. She is concerned about more traffic, speeding cars and more residents in the neighborhood. LYNN COSTANTINO, 904 Harmony Lane, feels the Planning Commission h~ a right to put certain conditions on this action. He is not opposed to accessory units. This is going to be a duplex that is non-owner occupied. He would like to see a limit to the number of people able to live in a house. It is unrealistic to believe only one person will live in 475 square feet. The unit deserves a front door entrance. They should have a rule they can't have entrance less than six feet from the property line. A landlord should have to pay a license fee for the CUP of $250 to $300 a year and have an annual inspection. The money generated can be put into affordable housing. There should be a limit on the number of accessory residential units in a neighborhood. Harris added a potential new Condition. Staff believes the second parking space is accessible as shown, but it would be better to reconfigure it so the driveway apron is centered so both parking spaces are accessible. That also achieves the required 48 feet of frontage for an off-street parking credit. Reid said she is agreeable. Rebuttal Reid said there was no removal or closing of a garage door. There have been no changes to the fa~ade of tillS house. All permits were applied for through the City in an appropriate manner. The goal is to have a legal unit. The unit is close to transportation, a park, and entertainment. COMMISSIONERS' DISCUSSION AND MOTION Briggs asked if the electrical box went in before the applicants obtained a permit. It is Harris' understanding they obtained the necessary permits. She thinks there was internal work done on the property for things that may not have required building permits. Knox added that there are situations where someone intends to do just a studio. Briggs felt the criteria have been met, however, she felt the applicants need to be in full compliance with the parking requirements. Harris said by changing the driveway apron to the middle, the applicants would have three off-street parking spaces, thereby meeting the requirement. Harris understood the addition (closing of the garage) was done in the 1970's and has been in place. She checked on the number of approved accessory residential units on Harmony Lane, Garden Way, Sunset and Ross Lane. There is only one on file that has been approved. If there are second units out there, they have not gone through the City's approval process. A Condition has been added that they sign in favor of a Local Improvement District (LID) for sidewalks on Garden Way. Briggs/KenCaim m/s to approve P A2004-052 with the attached Conditions. Add Condition 13 that the driveway apron shall be reconfigured and centered to provide access to both off-street parking spaces and to provide the adjacent 48 lineal feet of street frontage necessary for one off-street parking credit. The driveway apron shall be submitted for review and approval prior to installation. A permit for work in the street right-of-way shall be obtained from the Ashland Engineering Division prior to installation. ASHLAND PLANNINC COMMISSION HEARINGS BOARD JUNE 8, 2004 MINUTES 3 6'1 Dotterrer said he is opposed to the application based on the following Conditional Use Permit criteria: 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. He sees this as a single family residential area and he believes single family areas should be left singl{~ family areas. Roll Call Vote: Briggs, KenCairn, YES. Dotterrer NO. Motion passed. KenCairn left the meeting. PLANNING ACTION 2004.()58 REQUEST FOR A LAND PARTITION TO DIVIDE THE PROPERTY AT 1167 TOLMAN CREEK ROAD INTO THREE PARCELS, WITH THE EXISTING RESIDENCE LOCATED ON THE MIDDLE PARCEL. A VARIANCE TO FRONT YARD SETBACK REQUIREMENTS IS REQUESTED TO PERMIT A 10 FOOT FRONT YARD, RATHER THAN 15 FEET AS REQUIRED BY ORDINANCE. APPLICANT: MICHAEL AND MARY JACOBSON STAFF REPORT Knox explained the proposed partition as outlined in the Staff Report. The plan shows the proposed building envelopes and proposed parking areas. Staffhas had some reservations about the proposed parking. They are asking the standard setbacks be shown. The applicants have proposed a setback variance in the front yard. The variance is warranted because it is an existing house and an oversized property for the zoning (R-I-7.5). There are attached Conditions. On Lot 2, the applicants are proposing to address the lot coverage issue. Some of the driveway may need to be cut out of the middle parcel in order to provide the right amount of impervious surface. PUBLIC HEARING MICHAEL AND MARY JACOBSON are the owners of 1167 Tolman Creek Road. Dotterrer asked if they are willing to move the parking area on Lot 3 off the lot line. Michael Jacobson affirmed. LUCY EDWARDS, 1130 Tolman Creek Road, expressed her concern for the larger houses going up in the neighborhood with the footprint being filled in. She would rather see the parcel divided into only two lots. If we are going to triple the density, she is concerned about safety as there are no curbs, gutters or sidewalks along Tolman Creek Road and no traffic signal at the comer of Tolman Creek Road and Siskiyou. She would like to see the impacts diminished. DEBRA NEISEWANDER, 1159 Tolman Creek Road discussed her concerns regarding congestion, traffic and density. The thought of two large: homes built on each lot is overwhelming. HOLLY FREEMAN, 1215 Tolman Creek Road, stated that upper Tolman has a more rural feeing. The building of their neighbor's home last year completely changed their lifestyle. It looms over her back yard and she has no privacy. The approval of this application will further diminish the privacy of the neighborhood. Paving of Black Oak will diminish the rural feel. Rebuttal Michael Jacobson said their intent is to sell off only Lot 1. They do not intend to build on Lot 3. Mary Jacobson said eliminating a driveway should cut down on traffic congestion. One of their conditions of approval is to install sidewalks. COMMISSIONERS' DISCUSSION AND MOTION Briggs/Dotterrer m/s to approve P A2004-058 with the attached Conditions. The motion passed. V. ADJOURNMENT - The meeting was adjourned at 3:30 p.m. ASHLAND PLANNINC COMMISSION HEARINGS BOARD JUNE 8, 2004 MINUTES 4 10 II I III ASHLAND PLANNING DEPARTMENT STAFF REPORT June 8, 2004 PLANNING ACTION: 2004-052 APPLICATION DEEMED COMPLETE: April 21, 2004 APPLICANT: Dennis Gray and Jane Cory-VanDyke LOCATION: 904 Garden Way ZONE DESIGNATION: R-1-7.5 COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential ORDINANCE REFERENCE: 18.20 18.72 18.104 Single-Family Residential Site Design and Use Standards Conditional Use Permits REQUEST: Conditional Use Permit and Site Review approval to convert a portion of the existing residence located at 904 Garden way into an accessory residential unit. I. Relevant Facts 1) Background - History of Application: In April 2004, the application was administratively approved. Subsequently, a public hearing was requested by three neighboring property owners. The concerns raised were the generation of additional traffic, the potential number of occupants of the proposed accessory residential unit, and the potential for the property to be non-owner occupied. There are no planning actions of record for this site. 2) Detailed Description of the Site and Proposal: Site Description The parcel is 8,125 square feet in size, and is located on the east side (rarden Way. Planning Application 2004-052 Applicant: Dennis Gray and Jane Cory-VanDyke Ashland Planning Department - Staff Report April!3,2004 Page 1 '-/-1 The property is zoned Single-Family Residential (R-1-7.5). There is an existing single-family residence located on the parcel. There is an existing carport providing one off-street parking space. The parcel is landscaped with primarily lawn with a few trees around the perimeter. Proposal The applicant is requesting a Conditional Use Permit to convert 475 square feet of the existing residence into an accessory residential unit. No exterior changes are proposed to the home. An off-street parking space will be added to the south of the existing driveway. The landscaping in the front yard will upgraded with the addition of a variety of ground cover and shrubs, and the installation of a sprinkler system. II. Proiect Impact An accessory residential unit is a conditional use in the R-1 zone. As a result, the proposed accessory residential unit requires a Conditional Use Permit and Site Review approval. The existing house contains 1,574 square feet of living area. Accessory residential units are limited in size to a maximum of half of the gross habitable floor area of the primary residence. The proposed accessory residential unit contains 475 square feet of living space. Since the residence is being modified internally to allow for the accessory residential unit, 1,099 square feet of the original total square footage will be dedicated to the primary residence. The proposal meets the size requirement because the accessory residential unit is less than half the size of the primary residence. One off-street parking space is required for the accessory residential unit. One space is provided adjacent to the existing carport. The primary residence currently has one off-street parking space on site. In addition, on-street parking is available along the frontage of the property on Garden Way. The current parking requirements require two off-street parking spaces for a single-family residence. However, the subject residence as well as many of the adjac(~nt homes were built in the 1950's prior to this requirement. As a result, most of the homes were originally built with one off-street parking space in the form of a one-car garage. Therefore, the off-street parking configuration of the primary residence predates the requirements of Chapter 18.92, and the property is considered "grandfathered in." A total of 30% of the site covered with impervious surface which is below the maximum of 45% allowed in the zone. The footprint and height of the structure will not be altered, and as a n;~sult the setback will not change. Adequate public water, sanitary sewer, storm drain and electric facilities exist in Garden Way to serve the proposed unit. Garden Way is a Planning Application 2004-052 Applicant: Dennis Gray and Jane Cory-VanDyke Ashland Planning Department - Staff Report April 13, 2004 Page 2 Jf~ III III Neighborhood Street improved to City standards without continuous sidewalks. A condition has been added requiring the applicant to sign in favor of a local improvement district to install sidewalks at a future date. The property is a slightly oversized being 8,125 square feet with the minimum lot size in this zone (R-I-7.5) being 7,500 square feet. The parcel is within 1/3 of a mile from Siskiyou Boulevard and the bus route which makes walking, bicycling and transit viable options for residents of the accessory residential unit. Since the building will not be altered except for interior remodeling, the appearance of the residence will not change. As a result, the scale, bulk, lot coverage and architectural compatibility will not change. In Staffs opinion, the proposed accessory residential unit will have no greater adverse affect on the livability of the neighborhood than the target use of the property. The application includes a landscape plan. Most of the existing landscaping on the site is mature and will remain in place. New plantings with an irrigation system are: proposed in the front yard area. The proposal does not include the removal of any trees on the property since the footprint of the residence will not be changed. In 1991, accessory residential units were added as a conditional use in the R-l zone in an effort to provide the opportunity to create affordable rental units to implement the Ashland Affordable Housing Plan. During this process, the issue of owner o(;cupancy was discussed. However, the decision at this time was not to include this factor as an approval criteria. For this reason, Staff believes the ownership status of the potential future residents should not be considered in the evaluation of the proposal against the approval criteria. III. Procedural - Reauired Burden of Proof The criteria for a Conditional Use Permit are described in Partitions Chapter 18.104 as follows: A. 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. B. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. c. 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. When evaluating the effect of the proposed use on the impact area, the Planning Application 2004-052 Applicant: Dennis Gray and Jane Cory-VanDyke Ashland Planning Department - Staff Report April 13 , 2004 Page 3 ~d following factors of livability of the impact area shall be considered in r~lation to the target use of the zone: 1. Similarity in scale, bulk, and coverage. 2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. 3. Architectural compatibility with the impact area. 4. Air quality, including the generation of dust, odors, or other environmental pollutants. 5. Generation of noise, light, and glare. 6. The development of adjacent properties as envisioned in the Comprehensive Plan. 7. Other factors found to be relevant by the Hearing Authority for review of the proposed use. The (~riteria for Site Review approval are described in Partitions Chapter 18.72 as follows: A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. IV. Conclusions and Recommendations Staff has prepared two sets of findings, for approval and denial, which are attached. Staff recorrunends adopting findings for the decision at the June meeting. Staffbelieves the proposed accessory residential unit meets the criteria for a Conditional Use Permit and for Site Review approval. The proposed unit is relatively small and acconrmodated within the square footage of the existing building. The site is within walking distance of Siskiyou Boulevard, shopping and services. Off-street parking is provided on site, and landscaping and irrigation improvements are proposed for the front yard. In 1991 during the process of adding the accessory residential unit as a conditional use in the R-.1 zone in the Ashland Land Use Ordinance, the issue of owner occupancy was Planning Application 2004-052 Applicant: Dennis Gray and Jane Cory-VanDyke AsWand Planning Department - Staff Report April 13,2004 Page 4 LIt- III III discussed. However, the decision at this time was not to include this factor as an approval criteria. For this reason, Staff believes the ownership status of the potential future occupants should not be considered in the evaluation of the proposal against the approval criteria. Staff recommends approval of the application with the following conditions. 1) That all proposals of the applicant are conditions of approval unless otherwise modified here. 2) That the driveway and edging for the second parking space on site shall be installed prior to issuance of the certificate of occupancy. 3) That the property owners shall sign in favor of a local improvement distrilct to install sidewalks on Garden Way prior to issuance of the building permit for the accessory residential unit. 4) That a separate electric meter for the accessory residential unit shall be installed in accordance with Ashland Electric Department requirements prior to issuance of the certificate of occupancy. 5) The landscaping plan shall be revised to eliminate additional plantings other than ground cover in the street right-of-way (area behind curb), and to include street trees at 1 per 30 feet of street frontage prior to issuance of the building permit. That a landscape plan shall be submitted for review and approval of the Staff Advisor prior to issuance of the building permit. Landscaping and the irrigation system shall be installed in accordance with the approved plans prior to issuance of the certificate of occupancy. 6) The street trees shall be installed behind the location of a future sidewalk prior to the issuance of the certificate of occupancy for the primary residence. All street trees shall be chosen from the adopted Street Tree List and shall be installed in accordance with the specifications noted in Section E of the Site Design and Use Standards. The street trees shall be irrigated. 7) That the irrigation plan shall be submitted with the building permit for the accessory residential unit for review and approval by the Ashland Conservation Division. 8) That all requirements of the Ashland Fire Department shall be met 'including, but not limited to installation of smoke alarms complying with current a.R.S. requirements, prior to issuance of the certificate of occupancy. 9) That an opportunity to recycle site shall be located on the site, or an individual recycle bin shall be provided to the accessory residential unit in conformance with 18.72.040 Planning Application 2004-052 Applicant: Dennis Gray and Jane Cory-VanDyke Ashland Planning Department - Staff Report April!3,2004 Page 5 4~ prior to issuance of the certificate of occupancy for the accessory residential unit. 10) That all requirements of the Ashland Building Division shall be met including, but not limited to separation requirements. A building permit shall be obtained as n~quired by the Ashland Building Division for modifications to create the accessory n~sidential unit. 11) That the Systems Development Charges (SDC's) for transportation, parks, water and s(~wer shall be paid in full with the building permit or prior to the issuance of the certificate of occupancy, whichever is issued first. 12)That all exterior lighting shall be directed on the property and shall not illuminate adjacent proprieties. Planning Applic:ation 2004-052 Applicant: Dennis Gray and Jane Cory-VanDyke AsWand Planning Department - Staff Report April 13, 2004 Page 6 4b III III ~,r<\JA~ ~ ~ ~ \ \~~ ~ \ ,^"~~'+L '\ Co ~~0 ~'^-- ~~~ ~~ ~ ~ qD~ &~\;J5. 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Uf -tk f)~ ~ i~ 0L /iJu/d ~ ~ /avL lrv ~ crt ~ ~ ~. ~ ~ ~ ;&~~~ ~Uh~A. w-Iu;L ~ W{. aLL ~ ~~ "t .&t,c~ ~ ?acbJ4~ ~/ )nAl.6t-c- I p~~ eft, Ctddrn/; ~ AlAl~ ~ Iue- ~.~.~ ~ {/ 5:2... II I III ~ FfhL~udt.-~~ ~ ~.dJ v0 ~~~. J2tw. .k11v ~~ kua~ ~k kJt-~ ~ a1ltac~~ / )'hll1t~ ~~ tlA-u:L ~ ~ ~ace fm- /hL{14~_ ~.M ~ ~~ ~ 4- r- ~ . fi~1vtn ~d ~ ~ ~ ~ <,L &(.V>L:,. ~ ~/~ddtpL ~ h-L. ~ ~ ~ ~ #~ ~ A ~ aJ'%t ~. tzt'~ _ ~ t~ /JUu/~ ~ ~ a.- / c~ ?t&td~ _ ~~~~~ ~~~~#;) ~ r .4~h) a~~a/ /Uol6-nl(j ~41d- ~ cu..d- ~ 1 ~ ~ ~ fLua-. ~ 7~ h~~ . ~ ~ f k A:ru~ "J'Wldh-... tU~ !&'d ~" '1 III /941 h CL tfdj~l-r,(;j~ ~~~A- and ~ k ~ ~ A&t.~ i~1 ~. ~~f fLZn- flL. ~~ q 2-3 II~ ~ ~ -~tZ- 1'1 71 ~d Patty Knapp 902 Hannony Lane Ashland" Oregon City of Ashland Planning Exhibit Exhibit # -:3 . PA #c:<oc 1--- o.-s-~ Date tr,/~o$taff JJt"E- To Wholn It May Concern, I am writing to share my concern that the Accessory Residential Unit proposed for Garden Way be denied. I have always loved my street and neighborhood. We know each other. Neighborhood Christmas and Halloween parties have been a tradition for years. Recently the house across the street was turned into a multiple dwelling. My safe place has changed. I don't know the six or seven or more kids who live across the street. It has turned into a turnstile of young adults, broken down cars, and parties. We can barely find a place to park my son's car. Garbage is strewn across the lawn for days on end. We have been unable to do much about our current problem. I would hate to see our neighborhood further changed. This is a family neighborhood. I sincerely hope that our neighborhood can stay that - way. Less crowded quieter with people who stay awhile to get to know one another. Sincerely, Patty Knapp ~4 II I III June 8, 2004 , . I' City of Ashland . Planning E. xhibit Exhibit #_ y. PA 'If. ~oo, c -O.5~ t ,Oat taffi2tL 'To: City of Ashland Planning Department Re: Planning Hearing for 904 Garden Way (2004-052) To Whom It May Concern: I would like to register my concerns regarding the issuance of a conditional use permit for the above property. As the neighbor to the south and the one most affected by the addition of a second unit, I am worried about the intrusion of a separate living space oriented directly into my backyard. . I' also have some concerns about how the parking arrangements will meet specifications due to the small area available for two cars in the driveway. , The street parallel to us (Harmony Lane) has many rental and duplex units that leave that street full of cars and congested most of the day. I question the wisdom of the infill policy if increased parking congestion in the streets cannot be dealt with effectively. I do not want to see this neighborhood begin to look like that. ' While I think the applicants are trying to be good neighbors and are very good people, I am unhappy about the way this process was handled including the fact that all the work was done before applying for variances and permits which then puts neighbors in the position of commenting on a prc~ect that has essentially been given a stamp of approval before having had "a chance to be heard. The city of Ashland building and planning departments knew of the work being done and did nothing, to my knowledge, to investigate. I would also like to ask the department to consider having these hearings in the evening so that anyone who wishes to attend would not have to miss work and bear that financial burden. Sincerely, . Paul Giancarlo 916 Garden Way Ashland, OR b~ 18.104.050 Approval Criteria City of Ashland Planning Exhibit Exhibit # S- PA #-Aov<7--c6;J.... Oat faff.1l1::i:::. OPPOSITION TO Planning Action 2004-052 ITEM A-...within the zoning district in which the use is proposed to be located... This application refers to a "proposed" use, by observation from the street it looks as of the "proposed" changes, i.e.: exterior door on side, 2nd electrical box, etc. have already been completed. That leads me to the questions of "Building permits". Were the changes allowed by the city before the conditional use permit was in place? OR if no pe:rmits were issued, was the construction done to code? ITEM B- The 'adequate capacity of City facilities for water, sewer, paved access to and through the develop- ment. P A YED ACCESS-(see Exhibit 1) In order to park in front of 904 Garden Way without a vehicle pulling into a driveway & backing out to turn around, the only access is unpave<L single lane Ross Lane. ITEM C #2-Generation of traffic and effects on surrounding streets. When looking at the traffic concerns we need to take into consideration the travel route to and from Garden Way. Siskiyou Blvd, Walker St, Clark, Sunset, Ross & Harmony Lanes all are impacted by existing Garden Way traffic. The city has just narrowed Siskiyou Blvd at Walker to two lane traffic-in an attemp~ I would presume, to ,decrease traffic flow. Any added traffic defeats this intended purpose. All of the above mentioned streets are impacted from traffic generated by the use of Garden Way Park. (See Exhibit 2& 3) There are no parking spaces for Garden Way Park, all vehicles must park on the streets. Vehicles parked uphill on Garden Way must travel Garden Way to Sunset or Ross Lane & Harmony Lane to return to Siskiyou Blvd. One MAJOR SAFETY concern is existing pedestrian traffic being put at greater risk by any increase in vehicle trips. There: are two child care centers across Clark from Garden Way Park (Lil' Rascals on Siski~' you & Memory Lane Preschool Walker/Siskiyou) There is an Adult Foster Care home on Clark that uses Garden Way, Sunset c'k Harmony Lane as an exercise route. This bring us to another major SAFETY con- ce~ no sidewalks or bike paths on Garden Way or Harmony Lane. (See Exhibit 4 & 5) Pedestrians & bicy- clist must use the strClet. Also with no side walks or bike paths there is no buffer between yards & the street. Children playing, pets & homeowners would be at greater risk with any additional traffic. This existing single faInily home residential neighborhood was built in the 50's when grid street de- signs were used. This design is no longer used for new subdivisions as it is proven the straight stretches allow for increased speeds and in this case, multiplied by the slope. This is an obvious safety hazard. Street parking creates traffic problems. (See Exhibit 2 & 5) When vehicles are parked on the street, two traveling vehicles cannot pass on Harmony or Garden Way. Let alone make way for pedestrians or bicy- cles. The City Municipal Code 18.20.040 states" The purpose of the R-I district is to stabilize and protect the suburban characteristics of the district and to promote and encourage a suitable environment for family life. Our hope is that the planning commission will adhere to the code and protect us as homeowners by not allowing any accessory units & keep the Garden Homes Tract a single family residential neighborhood as it was originaily intended to be and as it was when my husband and I purchased our home 23 years ago. Respectfully SublHitted, Jim & Karen Fieguth 850 Garden Way Ashland, OR 1)& III CURRENT CONDITIONS OF ROSS LANE f . ,~r,. ~ I f. ~. v ,~ .~ 57 . II r III PARKING ON GARDEN WAY DURING EVENTS AT GARDEN WAY PARK Top photo: please note traveling vehicle i"1J . """"",,0. ~ ::~ ~+. .. '\~ ~",," ~ . '-' 4 ",' ... 'li;;~ "'. ',. !o"~~_'''''_:. .. -~~~"1_ -~.J::I .."h_' __ 'IiJI it.;; ~ft!:tl~~~~~'it~~~~~~~~~t!f!;:_~~ II 5rt EXHIBIT 2 PARKING ON CLARK DURING EVENT AT GARDEN WAY PARK I EXHIBIT 3 II r JII CURRENT CONDITIONS ON GARDEN WAY '~J .11. J! i>~~~~~J.s~~~'l-~~i:~~l;<~#~~{~~~ II EXHIBIT 4 CURRENT CONDITIONS ON HARMONY LN ./f/ ., ...,.Z.1 ~ ":Ill... ~~~1~~11J~1l~;~~1;k~:f{';&t~~~{~~~~~~ C" EXHIBIT 5 III Page 1 of 1 E!!suth City of Ashland Planning Exhibit Exhibit # ~ From: To: Sent: Subject: "Molly" <merwin@mind.net> <fieglUth 123@charter.net> Monday, June 07, 2004 8:56 PM conditional use permit Karen-Thank you for bringing my concern to the Ashland Planning Commission. I have been a resident of AShland for 30 years, working all this time as a nurse at Ashland Community Hospital. I live at 922 Harmon~~ Lane, and have lived in this house for 7 years. As each year goes by, there are more and more Cars parked OIn the street, with increased car traffic. Also, I notice that as homes are being sold on this street, many are beling used as rentals. For these reasons, I would like to voice my opposition toward the request for an accessory residential unit at 904 Garden Way. Sincerely, Molly Erwin &~ 6/8/2004 II From: Gerald & Denise Hauck 30 year resident homeowners of 847 Garden Way "Clark's Addition" (most homes built in early 1950's) To: Ashland Planning Commission Re: Conditional Use Permit Application for duplex by purchasers of 904 Garden Way Please consider: Most familiE~s had one car when the homes in this subdivision were first built. Thus, the majority of !~arages are single car and the driveways are narrow by today's standards. In many cases it would be impossible for residents to widen driveways due to utility pole placenlents and property lines. Homes built in the 1950's era were small when compared to homes being built today. Some ownE~rs have converted garages into additional living space (bedrooml family room) which translates into even less "off-street parking." Today the rnajority of residents have at least two vehicles. Many of these vehicles are parked on the street making it impossible for two cars to pass each other unless one car pUlis oveF to the curb and stops. Emergency vehicles, delivery and construction vehicles, garbage trucks, the street sweeper, etc. have difficulty negotiating these streets. Two new homes have been built on Ross Lane; the very narrow "unpaved" street connecting Garden Way and Harmony Lane. There is space for two possibly three additional homes on Ross Lane. (Will this lane be widened and paved?) Residents of Ross Lane travel down Garden Way and Harmony Lane to connect to Siskiyou Blvd. There is danger to children, pedestrians, bicyclists, skate boarders, runners, the elderly, pets and wildlife due to the volume and speed of the traffic in our neighborhood. One neighbor places her own "children at play" sign on the side of the street in an attempt to slow traffic. . New subdivisions often have "homeowner associations" with guidelines so these problems don't occur. What can a long time neighborhood do except bring the problems to the planning commission? Before thes'e decisions are made does anyone from the planning department visit the neighborhood and talk to the homeowners to gain information as to how a Conditional Use Permit may affect the area? This has been and is a family oriented neighborhood of owner occupied homes. Those of us whose children had wonderful experiences growing up here want the young familiies with children to have those same experiences today. 1Jk~~~41:d~.~, )J.t1~/~~ . ;(,~ , I I, FAX to SUSAN YATES, AsWand Planning Department Fax: 541-552-2050 ~~~~l;r~::~'''': I , 11"1' 1,J L: "'" ",' " ~..,.~",-~<..",...""';'t1''--e=-'U~,-~.,;',, -L.. ,r~'.l.._ ..'_~:"'" .,,_ . c._ .,.c:uo.: o-W....;...-<5o;.-~ From: Chris Robinson Phone: 864~2067 RE: Letter in opposition to planning action 2004-052 scheduled for public hearing today, June 8, 2004. 2 pages follow, 3 pages total including this cover sheet Susan, please distribute to appropriate staff and commissioners prior to today's 1 :30 meeting. Thank you, Chris ~'-f Page J of2 City of Ashland Planning Action 2004-052 Citizen cornment for public hearing June 8, 2004 Christopher Robinson 891 Gal'den Way Ashland OR 97520 June 7, 2004 Planning Department City of 1~sh1and 51 Winburn Way Ashland OR 97520 RE: Plannine Action 2004-052 (904 Garden Wa-yot As:w.and) Due to my work at the scheduled hearing time, I am unable to be at the June 8th hearing concerning Planning Action 2004-052. I request that the following be read into the record: I object to the conditional use application on the following grounds: 1) The applicant did not apply for a permit until the bulk oftbe renovation work was completed, and the City had notified them of the need to obtain building permits. In my opinion, this was not an oversight, but a deliberate attempt to circumvent the City of Ashland's zoning and building permit process to avoid Systems Development Charges. 2) The proposed con.version of the single-family residence into a two~unit dweUing will increase the population density and traffic in this quiet neighborhood. Many of us chose to purchase homes in the Garden Way area because of its lack of traffic and noise. If this application is granted, what is to stop everyone in the area from splitting their single-family residences into two units? Increasing the density will eventually destroy the character and livability standards of this neighborhood. &5 II' Page 2 of2 City of Ashland Planning Action 2004-052 Citizen. comment for public hearing June 8, 2004 3) Page 2 of the Ashland Planning Department Staff Report issued for this application incorrectly states that, 'No exterior changes are proposed to the home. t In fact, the applicant modified the exterior of the home prior to applying for a CUP by cutting in an exterior door on the building's south side purposely to allow access to the second unit. 4) Specifically on the issue of parking, the present tenant of the propc~rty chooses not to park on the driveway a great deal of the time, as the~ driveway/carport is being used instead as a storage area and playground. The proposed zoning amendment calls for additional parking to thc~ south of the driveway area. However the curb cut is insufficient to gain access to this proposed gravel parking area) hence the second tenant willlnost certainly park on the street instead of off-street. At the very least the curb cut needs to be extended to the right to accommodate off-stre~~t parking access. On these grounds~ and on behalf of several neighbors who asked me to convey their concemsand opposition) I urge you to deny this C'up app Ii cation. Sincerely, Christopher Robinson ~?, , II 2 ATTN: LEGAL PUBLICATIONS {JODY} PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN that a Public Hearing on the following items with respect to the Ashland Land Use Ordinance will be held before the Ashland Planning Commission Hearings Board on June 8, 2004 at 1:30 p.m. at the Ashland Civic Center, 1175 East Main Street, .Ashland, Oregon. At such Public Hearing any person is entitled to be heard. Request for a Conditional Use Permit and Site Review to convert a portion of the existing residencE~ at 904 Garden Way into an accessory residential unit. Request for a land Partition to divide the property at 1167 Tolman Creek Road into three parcels, with the E~xisting residence located on the middle parcel. A Variance to front yard setback requirem1ents is requested to permit a 10 foot front yard, rather than 15 feet as required by ordinancE~. In compliance with the Americans with Disabilities Act, if you need special assistance to partidpate in this meeting, please contact the aty Administrator's office at (541) 488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the dtyto make reasonable arrangements to ensure accessibility to the meeting (28 CFR 35.102"'35.:L04 ADA Title I). By order of the Planning Director John McLaughlin Publish: 5/27/04 Date e-mailed: 5/20/04 PurchasE~ Order: 60627 C7 II' Notice is hereby given that a PUBLIC. ARING on the following request with respect to the ASHLAND L ..4'D USE ORDINANCE will be held before the ASHLAND PLANNING COMMISSION HEARINGS BOARD on June 8, 2004 at 1 :30 p.m. at the ASHLAND CIVIC CENTER, 1175 East Main Street, Ashland, Oregon. The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application, either in person or 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 allow this Commission to respond to the issue precludes an action for damages in circuit court. , II A copy of the applicatk documents and eviden<:e relied upon by the applicant and applicable criteria are' Q. ddable for inspection at no cost and will be provided at reasonable cost, if requested. A copy of the Staff Report will be available for inspection seven days prior to the hearing ~nd will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Department, Community Development and Engineering Services, 51 Winburn Way, Ashland, Oregon 97520. During the Public Hearing, the Chair shall allow testimony from the applicant and those in attendance concerning this request The Chair shall have the right to limit the length of testimony and require that comments be restricted to the applicable criteria. Unless there is a continuance, if a participant so requests bElfore the conclusion of the hearing, the record shall remain open for at least seven days after the hearing. If you have questions or comments concerning this request, please feel free to contact Susan Yates at the Ashland Planning Department, ~It 541-552-2041. Our TTY phone number is 1-800-735-2900. ~ N . . I U P 't and Site Review to convert a portion of PLANNING ACTION 2004-052 is a reques~ for a Condltlona S~e~~~lunit. Comprehensive Plan Designation: the existing residence at 904 Garden Way Into an acc;s~ory ~:S~91 E 15 AC' Tax Lot: 5100. Single Family Residential; Zoning: R-1-7.5; Assessor s ap . , APPLICANT: Dennis Gray and Jane Cory-VanDyke ? 'if Jilt t<tVltW,~ . :; 18.72.070 Criteria fo. . ..pproval. The following criteria shall be used to approve or deny an application: A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. (Ord. 2655, 1991) CONDITIONAL USE PERMITS 18.104.050 Al)l)roval Criteria. A conditional use permit shall be granted if the approval authority finds that the proposed use conforms, or can be made to conform through the imposition of conditions, with the following approval criteria. A. 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. B. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. C. 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. 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:: II' 1. 2. Similarity in scale, bulk, and coverage. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. Architectural compatibility with the impact area. Air quality, including the generation of dust, odors, or other 'environmental pollutants. Generation of noise, light, and glare. The development of adjacent properties as envisioned in the Comprehensive Plan. Other factors found to be relevant by the Hearing Authority for review of the proposed use. 3. 4. 5. 6. 7 . . 61 II 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, 51 Winburn Way, Ashland, Oregon 97520, in the Community Development Department. 2. On Mav 20th, 2004 I caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached notice to each pe!rson listed on the attached mailing list at such address as set forth on this list under each person's name for Planning Action #2004-052. ~ ,Ul. ~~ Derek D. Severson City of Ashland, Planning Division SIGNED AND SWORN TO before me this c; - :2--00/ . OFFICIAL SEAL . NANCY E SLOCUM ~ ,} NOTARY PUBLIC - OREGON ......,. ....... COMMISSION NO. 371650 , MY COMMISSION EXPIRES SEPT. 18, 2007 PA #2004-052 Gray/Cory- Van Dyke 904 Garde.", Way 10 391E15AC8100, PA#2004-052 ALSING ALLEN AlKATHERINE M 970 WALKER AVE ASHLAND, OR 97520 391E15AC3900, PA#2004-052 BACON CURTIS J/SUSAN E 891 HARMONY LN ASHLAND, OR 97520 391E15AC3800, PA#2004-052 BAZE LOUIS CAL/BAZE MONIQUE 881 HARMONY LN ASHLAND, OR 97520 391E15AC2000, PA#2004-052 CRAFT C A/CLAIRE G 910 HARMONY LN ASHLAND, OR 97520 391E15AC4300, PA#2004-052 DEMERRITT DIANE L/H.AMNETI D 935 HARMONY LN ASHLAND, OR 97520 391E15AC7400, PA#2004-052 GROSSMAN HEIDI P 923 GARDEN WAY ASHLAND, OR 97520 391E15AC2100, PA#2004-052 KNAPP MICHAEL E/P ATRICIA A 902 HARMONY LN ASHLAND, OR 97520 391E15AC7000, PA#2004-052 WARE PATTY JO/FRANK J 869 GARDEN WAY ASHLAND, OR 97520 391E15AC5200, PA#2004-052 MEYERS WILLIAMlKAREN BOLDA 892 GARDEN WAY ASHLAND, OR 97520 391 E 15AC71 0 1, P A#2004-,052 ROBINSON CHRISTOPHER PO BOX 3555 ASHLAND, OR 97520 II' 391E15A-c7999, PAtt2994 952 ALSINC ALLEN A/KATHERINE ~I . 979 '" ALKER AVE ASHLA.:l\ID, OR 97529 391E15AC4100, PA#2004-052 BALLENGER JOAN WIMARTIN AMA 911 HARMONY LN ASHLAND, OR 97520 391E15AC4800, PA#2004-052 BROWN JOE A/JANIE 932 GARDEN WAY ASHLAND, OR 97520 391E15AC4200, PA#2004-052 CRAWFORD J VERNON TRUSTEE 923 HARMONY LN ASHLAND, OR 97520 391E15AC1900, PA#2004-052 ERWIN MOLLY 922 HARMONY LN ASHLAND, OR 97520 391E15AC3700, PA#2004-052 HILLIGOSS L OIL KUZMIC 869 HARMONY LN ASHLAND, OR 97520 391E15AC5300, PA#2004-052 KRANCEVIC STEPHEN/JANUARY J 882 GARDEN WAY ASHLAND, OR 97520 391 E 15AC4000, P A#2004-052 MALLANIK JUDY L TRUSTEE 21 CREST RD FAIRFAX, CA 94930 391E15AC4700, PA#2004-052 RAPP WILLIAM JOSEPH/DOLL Y 950 GARDEN WAY ASHLAND, OR 97520 391 E 15AC5400, P A#2004-052 SALDANA CONSTANCE A 1650 SUNSET AVE ASHLAND, OR 97520 1/ 391E15AC7699, P Att2994 952 ALSINC .\LLEN .VK},...TIIERINE 1\1 979 "'ALKER .\ VE ASHLA.:~D, OR 97529 391E15AC7500, PA#2004-052 BATTERS JON L 935 GARDEN WAY ASHLAND, OR 97520 391E15AC2200, PA#2004-052 COSTANTINO ANTHONY L/JOANNE 892 HARMONY LN ASHLAND, OR 97520 391 E 15AC2300, P A#2004-052 CURRY ROGER SCOTT 882 HARMONY LN ASHLAND, OR 97520 391E15AC5000, P A#2004-052 GIANCARLO PAULIMARY SHAFFER 916 GARDEN WAY ASHLAND, OR 97520 391E15AC7300, P A#2004-052 JONES GARY D/DEBORAH M 1163 BELL VIEW AVE ASHLAND, OR 97520 391E15AC7100 & 7102, PA#2004-052 LINDSAY C H TRUSTEE 889 GARDEN WAY ASHLAND, OR 97520 391E15AC5100, PA#2004-052 MANN DONALD J/LARA K 904 GARDEN WAY ASHLAND, OR 97520 391E15AC4900, PA#2004-052 RESCH RACHAEL/R L SEIDMAN 924 GARDEN WAY ASHLAND, OR 97520 391E15AC4400, PA#2004-052 SKLAR MADELEINE/KENT HARRIS 810 GARDEN WAY ASHLAND, OR 97520 , II DENNIS GRAY & JANE CORY-VANDYKE 668 LEONARD ASHLAND OR 97520 JIM & KAREN FIEGUTH 850 GARDEN WAY ASHLAND OR 97520 1~ CITY OF ASHLAND ASHLAND PLANNING COMMISSION HEARINGS BOARD MAY 11,2004 MINUTES I. CAll TO ORDER Chair Russ Chapman called the Ashland Planning Commission Hearings Board meeting to order at 1:30 p.m. on May 11, 2004 at the Civic Center Council Chambers, 1175 E. Main Street, Ashland, Oregon. COMMISSIONERS PRESENT: ABSENT ~vfEMBERS: COUNCIL LIAISON: HIGH SCHOOL LWSON: SOU LIAISON: STAFF PRESENT: Russ Chapman, Chair Marilyn Briggs Kerry KenCaim None Alex Arnarotico ((Council Liaison does not attend Planning Commission meetings in order to avoid conflict of interest.) None None Mark Knox, Associate Planner Maria Harris, Associate Planner Brandon Goldman, Assistant Planner Sue Yates, Executive Secretary II. APPROVAL OF MINUTES AND FINDINGS The minutes of the April 13, 2004 Hearings Board were approved. III. TYPE I PLANNING ACTIONS A. PLANNING ACTION 2004-049 IS A REQUEST FOR A CONDITIONAL USE PERMIT FOR TRANSFER OF OWNERSHIP OF A PREVIOUSLY APPROVED TRAVELER'S ACCOMMODATION L.OCATED AT 115 NORTH MAIN STREET. APPLICANT: JESSICA AND BRUCE CAPP This action was approved. B. PLANNING .ACTION 2004-05115 A REQUEST FOR A LAND PARTITION AND BOUNDARY LINE ADJUSTMENT TO DIVIDE TWO EXISTING PARCELS INTO THREE PARCELS (I.E. NET INCREASE OF ONE PARCEL) FOR THE PROPERTY lOCATED AT 705 CLAY STREET. . APPLICANT: MERLIN NUSS This action was approved. C. PLANNING .ACTION 2004-052 REQUEST FOR A CONDITIONAL USE PERMIT AND SITE REVIEW TO CONVERT A PORTION OF THE EXISTING RESIDENCE AT 904 GARDEN WAY INTO .AN ACCESSORY RESIDENTIAL UNIT. APPLICANT: DENNIS GRAY AND JANE CORY-VANDYKE This action was call(~d up for a public hearing. D. PLANNING .ACTION 2004-053 REQUEST FOR FINAIL PLAN APPROVAL FOR A TEN-UNIT RESIDENTIAL SUBDIVISION UNDER THE PERFORMANCE STANDARDS OPTION FOR THE 2.41 ACRE PROPERTY lOCATED AT 940 CLAY STREET (EAST SIDE OF CLAY STREET, SOUTH OF SISKIYOU BOULEVARD). APPLICANT: COT A HOMES, llC This action was approved. II 1~ II May 11,2004 RECEIVED MAY 1 4 2004 City of Ashland Planning Commission Hearings Board RE: Accessory Residential Unit (ARU) Application, 904 Garden Way, Ashland Board Members: The applicants, Jane Van Dyke and Dennis Gray, regret being unable to attend the public hearing on June 8. Jane's father is being honored as a "Father of the Year" by the AJmerican Diabetes Association in San Diego, California and our travel plans for this family occasion have been in place since the begin...l1ing of the year. Represe:1ting our application is our daughter, Erin Van Dyke, a co-owner of the property on Garden Way, and Susan Reid, a long time family friend. Susan will endeavor to answer any questions you may have regarding our ARU application. First, we would like to reassure the surrounding neighbors that the proposed A.RU will be actively managed by Ashland residents who live in an adjacent neighborhood not more than five blocks distant. During our 28 year residence in Ashland we have owned several hOlnes in town and have spent considerable capital and energy in their improvement. We purchased the property on Garden Way with our daughter in the hope that when she completes her professional training, she and her daughter will be able to afford to reside in Ashland. The creation of an ARU at the property is intended to enable her to live in the city of her birth, a city that has become increasingly unaffordable. Our intention is to enhance the physical appearance of the Garden Way property and to insure that the overall character of that neighborhood is maintained. The proposed ARU is to be created within an existing (1970's) addition to the original home, thus the exterior appearance of the existing property and the street scape will not be modified. Due to the relatively small size of the proposed ARU, a single adult is the maximum occupancy. Any potential increase in neighborhood automobile traffic generated by the proposed ARU wiIl certainly not be any greater than if a third driver, for example a teenager, were to reside in a single family home. Off-street parking issues have been addressed in the previously submitted Conditional Use Pernlit Application and will be met as part of the conditions if our application is approved. It is to our benefit, as well as the neighborhood's, to sustain a high standard of property maintenance and to effectively manage a rental property. We also intend to work with our neighbors to address concerns regarding issues of privacy. It is our understanding that the City of Ashland for the past decade or more has encouraged the development of ARU' s for several reasons, including: to limit urban sprawl by increasing housing in-fill, to provide affordable housing options, and to increase the stock of available rental units within the city. As noted in the Ashland Affordable Housing Action Plan (May 20,2003) "These units [ARU's] provide an excellent source of affordable housing, 7H RECEJ\/t=u M~~ 1 4 20n, particularly for elderly or single residents..." Also, according to the recommendations in this recent Council- adopted Ashland Affordable Housing Action Plan, addition steps could be taken to further encourage the development of ARU's, including making them an outright permitted use in R-l zones. This suggests to us that the City is interested in increasing the number of ARU's to meet affordable housing goals. According to a study (ECONorthwest:2002 ) cited in the same Ashland Affordable Housing Action Plan (May 20, 2003), Ashland has, in recent years, fallen short in providing rental housing. "Between 1990 and 2001, single-family housing accounted for about 85 percent of all residential housing units." Historically in Ashland, however, single family homes have averaged just 52 percent of new housing construction, while building of rental units was nearly equivalent at 48 percent. Thus, it would appear that the addition of ARU' s to the inventory of housing within the City of Ashland would advance the land use planning goals of the City and increase the :stock of needed rental housing, thereby adding to the econon1ic and demographic diversity of the Ashland population. Through the Conditional Use Permit Application process we have addressed all of the relevant planning criteria as requested by the City staff. We believe our application demonstrates that our proposed ARU will not have an adverse material effect on the livability of the area and 'we therefore request that the Planning Commission approve the application for an Accessory Rlesidential Unit at 904 Garden Way. Respectfull y, ?rJ~ ~ Jane Van Dyke and Dennis Gray 15 II II May 3, 2004 City of Ashland Winburn Way Ashland, OR 97520 j , [j'::lG[fl]-~tiil i "~"tIl;r;;:-t,;,..,foW'c..._Iil;;j.J~ &.;.Iv ....~--........-.......Q .;;rk Attn: Planning Commission Re: 904 Garden Way request for Condi~ional Use Permit Dear Commissioners: We request a public hearing regarding the application ~or a Conditional Use Permit at 904 Garden Way. There are a number of concerns: off street parking, generation of traffic, two non-owner occupied dwellings, acc1essory units in a single-family home neighborhood, existing conditions on Garden Way & Harmony Lane, just to name a few. Please let us know when the public hearing has been scheduled. Respectfully, on I) 'rl-~ ~~~ Jim and Karen Fieguth 850 Garden Way Ashland, OR 541-482-1270 1(, Christopher Robinson 891 Garden Way Ashland OR 97520 April 28, 2004 Planning Department City of ,Ashland 51 Winburn Way Ashland OR 97520 RE: Plan nine: Action 2004-052 (904 Garden Wav.. Ashland) I hereby request a public hearing concerning Planning Action 2004-052. The proposed conversion of the single-family residence into a two-unit dwelling will materially affect the livability of the neighborhood. In addition, it is my personal opinion that the applicant's approach was intended to circumvent the City of Ashland's zoning and building permit process, and that such methodology should not be rewarded. Sincerely, /J I //' rJ . ~c/-P -, Christopher Robinson cc: Honlecker Cowling Hassen & Heysell LLP .(Nrrnnm?~ ,"' ''"''c~ ",c~,-,.".- - '1 , Jl' ~;;;, \ \,.;;.. ~ " "17 II i Ao: ~\~"'~,~~ ~~~ t\\~B I\lZY ./ \U:; -. q{)~ ~~V\ w \ \0~ ~~ _ ~ X:J fQ,~~~. 0- ,\V \'t\L/ ~t,~<\,J-o..~ -\-l:l\ ~\) QGUss"rl v~. w<L ~ '\SS~I>~ '\\.~ ~ ~<) ~ (~.a}'~~H Q-.~ \) ~U\~~~ ~ \V. 11'\ L/ -i) ~, rH.\J'-~\~-A$ O,^-v~-\,v 9'^6.('Q,\Iv~ 0"'- II O~ 6L-l.i~J -;) ~ ~ ~ I &vv-~~ ~ ") 0-.. IAA)\A, ___Dw~ O(.L.V~Jl 5\wJ::\!)-"-.~ ,~cJ}.l Cft~ (}- ~Wc. ~~ov- l {{o~~wu Lc~{~\~ f3(A~ '\\ ~\\.J'^'V1 4~y' RECEIVED APR 2 a ZOOt /~ 7 'x I " II The Ashland Planning Department pr . inarily approved this request on April 21, 2004. This actiol .i1 be reviewed by the Ashland Planning Commission Hearings Board at 1 :30 p.m. on May 11, 2004 at the Ashland Civic Center, 1175 East Main Street, Ashland, Oregon. No Dublic testimonv is allowed at this review. Any affected property owner or resident has a right to request, AT NO CHARGE, a public hearing before the Ashland Planning Commission on this action. To exercise this right, a WRITTEN request must be received in the Planning Department, 51 Winburn Way, prior to 3:00 p.m. on May 3, 2004. The written request for the public hearing must include your name, address, the file number of the planning action and the specific grounds for which the decision should be reversed or modified, based on the applicable criteria. If YOU do not SPECIFICALLY REQUEST A PUBLIC HEARING bv the time and date stated above. there will be no DubUc testimony oermitted. If you have questions or comments concerning this request, please feel free to contact Susan Yates at the Ashland Planning Department, at 541-552-2041. II If a hearing is req; ~d, it will be scheduled for the following month. Unless ther~ IS a continuance, if a participant so requests before the conclusion of the hearing, the! record shall remain open for at least seven days after the hearin~J. The ordinance criteria applicable to this applicati()O are attached to this notice. Oregon law states that failure to raise an objection concerning this application, either in person or 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 (LUBAI 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 sufficientspedficity to allow this Commission to respond to the issue precludes an action for damages in circuit court. A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. A copy of the Staff Report will be available for inspection seven days prior to the hearing and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Department, Community Development and Engineering Services, 51 Winburn Way, Ashland, Oregon 97520. Our TTY phone number is 1-800-735-2900. i 1--- [[~~~ :Jj !I II I I J L 1- .:---_:: 1- - '_u - -~-I f - 1--- --- - I I I I 1- -- -r su~;ect Property I SUNSET AVfi. r:~ :_-- >- <( ~ 2: I ~ I a:: ---j ~ I N -------..---1 i Z -J >- Z o ~ 0:: <( :r: -~-_.~----------.~".--- NOT .'E: Public comment concerning the project's landscaping plan will be taken on May 3, 2004 between 2:00 and 4:00p.m. at the Community Development and Engineering building located at 51 Winburn Way. PLAN~I~G A~TION 2004-052 is a request for a Conditional Use Permit and Site Review to convert a portion of t~e eXisting. residence at 904 Garden Way into an accessory residential unit. Comprehensive Plan Designation: Single Family Residential; Zoning: R-1-7.5; Assessor's Map #: 39 1 E 15 AC; Tax Lot: 5100. APPLICANT: Dennis Gray and Jane Cory-VanDyke 1 SITE REVIEW '~ 18.72.0710 Criteria fOl Approval. The following criteria shall be used to approve or deny an application: A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. (Ord. 2655, 1991) CONDITIONAL USE PERMITS 18.104.050 Annroval Criteria. A conditional use permit shall be granted .if the approval authority finds that the proposed use conforms, or can be made to conform through the imposition of conditions, with the following approval criteria. A. 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~ith relevant Comprehensive plan policies that are not implemented by any City, state, or Federal law or program. B. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate transportation can and will be provided to and through the subject property. C. 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. 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:: II r 1. 2. similarity in scale, bulk, and coverage. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. Architectural compatibility with the impact area. Air quality, including the generation of dust, odors, or other-environmental pollutants. Generation of noise, light, and glare. The development of adjacent properties as envisioned in the Comprehensive Plan. Other factors found to be relevant by the Hearing Authority for review of the proposed use. 3. 4. 5. 6. 7 . '6t; 391E15AC8100, PA#2004-052 ALSING ALLEN AlKATHERINE M 970 WALKER AVE ASHLAND, OR 97520 391E15AC3900, PA#2004-052 BACON CURTIS J/SDSAN E 891 HARMONY LN ASHLAND, OR 97520 391E15AC3800, PA#2004-052 BAZE LOUIS CAL/BAZE MONIQUE 881 HARMONY LN ASHLAND, OR 97520 391E15AC2000, PA#2004-052 CRAFT C AfCLAIRE G 910 HARMONY LN ASHLAND, OR 97520 391E15AC4300, PA#2004-052 DEMERRITT DIANE L/HAMNEIT D 935 HARMONY LN ASHLAND, OR 97520 391E15AC7400, PA#2004-052 GROSSMAN HEIDI P 923 GARDEN WAY ASHLAND, OR 97520 391E15AC2100, PA#2004-052 KNAPP MICHAEL E/P ATRICIA A 902 HARMONY LN ASHLAND, OR 97520 391E15AC7000, P A#2004-052 WAREPATTYJO~RANKJ 869 GARDEN WAY ASHLAND, OR 97520 391E15AC5200, P A#2004-052 MEYERS WILLIAMIKAREN BOLDA 892 GARDEN WAY ASHLAND, OR 97520 391E15AC7101, PA#2004-052 ROBINSON CHRISTOPHER PO BOX 3555 ASHLAND, OR 97520 391E15}..C7900, P}~#2004 052 ..USINC ..ULEN ....,JKATIIERINE 1\1 970 '''..UKER }..VE A8HLf......"'4D, OR 97520 391E15AC4100, PA#2004-052 BALLENGER JOAN W/MARTIN AMA 911 HARMONY LN ASHLAND, OR 97520 391E15AC4800, PA#2004-052 BROWN JOE AfJANIE 932 GARDEN WAY , ASHLAND, OR 97520 391 E 15AC4200, P A#2004-052 CRAWFORD J VERNON TRUSTEE 923 HARMONY LN ASHLAND, OR 97520 391E15AC1900, PA#2004-052 ERWIN MOLLY 922 HARMONY LN ASHLAND, OR 97520 391 E 15AC3 700, P A#2004-052 HILLIGOSS L OIL KUZMIC 869 HARMONY LN ASHLAND, OR 97520 391E15AC5300, PA#2004-052 KRANCEVIC STEPHEN/JANUARY J 882 GARDEN WAY ASHLAND, OR 97520 391E15AC4000, PA#2004-052 MALLANIK JUDY L TRUSTEE 21 CRESTRD FAIRFAX, CA 94930 391E15AC4700, PA#2004-052 RAPP WILLIAM JOSEPH/DOLL Y 950 GARDEN WAY ASHLAND, OR 97520 391E15AC5400, PA#2004-052 SALDANA CONSTANCE A 1650 SUNSET AVE ASHLAND, OR 97520 8'1 II 391E15..~..C76QO, P..~..#2004 052 ALSINC ..UI,EN ..VK\ THERlNE 1\1 970 J.VALKER AVE ......SHLAND, OR 97520 391E15AC7500, PA#2004-052 BATTERS JON L 935 GARDEN WAY ASHLAND, OR 97520 391 E 15AC2200, P A#2004-052 COSTANTINO ANTHONY L/JOANNE 892 HARMONY LN ASHLAND, OR 97520 391 E 15AC2300, P A#2004-052 CURRY ROGER SCOTT 882 HARMONY LN ASHLAND, OR 97520 391E15AC5000, PA#2004-052 GIANCARLO :P AUL/MARY SHAFFER 916 GARDEN 'WAY ASHLAND, OR 97520 391 E 15AC7300, P A#2004-052 JONES GARY D/DEBORAH M 1163 BELL VIEW A VB ASHLAND, OR 97520 391E15AC7100 & 7102, PA#2004-052 LINDSAY C H TRUSTEE 889 GARDEN VV A Y ASHLAND, OR 97520 391E15AC5100, PA#2004-052 MANN DONALD J/LARA K 904 GARDEN ~N A Y ASHLAND, OR 97520 391E15AC4900, P A#2004-052 RESCH RACHAEL/R L SEIDMAN 924 GARDEN VV A Y ASHLAND, OR 97520 391E15AC4400, PA#2004-052 SKLAR MADELEINE/KENT HARRIS 810 GARDEN\VAY ASHLAND, OR 97520 DENNIS GRAY & JANE CORY-VANDYKE 668 LEONARD ASHLAND OR 97520 ~~ II II ATTN: LEGAL PUBLICATIONS (MEL) MEETING NOTICE NOTICE IS HEREBY GIVEN that the Ashland Planning Department preliminarily approved the following requests. The actions will be reviewed by the Ashland Planning Commission Hearings Board at 1 :30 p.m. on May 11, 2004 at the Ashland Civic Center, 1175 East Main Street, Ashland, OR. No public testimony is allowed at this review. Any affected property owner or resident has a right to make a written request fora public hearing befor~ the Ashland Planning Commission prior to 3:00 p.m., May 3,2004 to the Planning Department, 51Winburn Way, Ashland, OR. Request for a Conditional Use Permit for lransfer of Ownership of a previously.approved Traveler's Accommodation located at 115 North Main Street .Request for a Land.Partition,ahd Boundary Line Adjustment to divide two existing parcels into three parcels (Le. net increase of one parcel) for the property located at 705 Clay Street. Request for a Conditional Use Permit and Site Review to convert a portion of the existing residence at 904 Garden Way into an accessory residential unit. Request for Final Plan approval for a ten-unit residential subdivision under the Performance Standards Option for the 2.4 acre property located at 940 Clay Street (east side of Clay Street, south of Siskiyou Boulevard). Request for Site Review to construct a two-story, 1800 square foot addition to the existing commercial building located at the corner of Pioneer and · A. Streets at 322 Pioneer Street. The building addition is located on the east side of the existing Gathering Glass Studio (and associated manufacturing area) and consists of 1,050 square feet of commercial space and a 750 square foot one-bedroom apartment. By order of the Planning Director John McLaughlin Publish: 4/29/04 Purchase Order: 60622 ?8 ATTN: MEL- LEGAL PUBLICATIONS PUBLIC MEETING NOTICE Public comment concerning the project's landscaping plan will be taken on 'May 3, 2004 between 2:00 and 4:00 p.m. at the Community Development and Engineering offices located at 51 Winburn Way, Ashland, OR 97520. Request for a Land Partition and Boundary Line Adjustment to divide two existing parcels into three parcels (Le. net increase of one parcel) for the property located at 705 Clay Street. Request for a Conditional Use Permit and Site Review to convert a portion of the existing residence at 904 Garden Way into an accessory residential unit Request for Final Plan approval for a ten-unit residential subdivision under the Performance Standards. Option for the 2.4'acre property located at 940 Clay Street (east side of Clay Street, south of Siskiyou Boulevard). Request for Site Review to construct a two-story, 1800 square foot addition to the existing commercial building located at the comer of Pioneer and · A- Streets at 322 Pioneer Street. The building addition is located on the east side of the existing Gathering Glass Studio (and associated manufacturing area) and consists of 1,050 square feet of commercial space and a 750 square foot one-bedroom apartment. By the order of the Planning Director . John McLaughlin '1-'$ Publish: 4lA6104 Purchase Order: 60622 <?4 II i II fY~y OF ASHLAND PLANNINf', .. PPLICATION -(I \, ) . Type .r DateReceived 1/f5/Pct FileNo. 200Y-O:;c FilingFee 529.00 Zoning Comp Plan Designation Receipt # 6/?O o Minor Land Partition o Outline Plan (# Units ) o Zone Change ~ance o Final Plan o Comp Plan Change Conditional Use Permit (;rKLJ o Site Review o StaffPennit o Boundary Line Adjustment o Annexation o . Solar Waiver APPLICATION IS FOR: Application pertains to chapter, section, subpart of the Ashland Municipal Code. APPLICANT Address Dc Vl Y\ /;; r; vo.-c{ L J'4"~ (p'7 - Va" qkPhone I I ' o 0 ~ L~o (/( C"'sf 'd c;g2 r- _5~7 3 5 Name PROPERTY OWNER Name SCJ.-AT'-t Phone Address SURVEYOR. ENGINEER. ARCHITECT. LANDSCAPE ARCHITECT (may need to use back page) NOM- Name Phone Address DESCRIPTION OF PROPERTY Street Address q- 0 Lf to M cltn. lJ fJ..-tj ( Assessor's Map No. 39 1 E t~5 A c. Tax Lot(s) 5/00 J [u/\ :2 00 tf When was the above described property acquired by owner? On a separate sheet of paper, list any covenants, conditions or restrictions concerning use of property or improvements contemplated, as well as yard set-back and area or height requirements that were placed on the properly by subdivision tract develo ers. Give date said restrictions ex ire. FINDINGS OF FACT Type your response to the appropriate zoning requirements on another sheet(s) of paper and enclose it with this form. Keep in mind your responses must be in the form of factual statements or findings of fact and su orted b evidence. List the findinas criteria and the evidence which su orts it. es I hereby certify that the statement... ,.0 information contained in this ap, dion, 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 an.d visible upon 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 I produced sufficient factual evidence at the hearing to support this request; 2) that the findings of fact furnished justifies the granting of the request; , ,3) that the findings of fact furnished by me are adequate; and further 4) that all structures or improvements are properly located on the ground. P:ailure in this regard will result most likely in not only the request being set aside, but also possibly in any 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~ rl /f I Date Lt/~ Icy (. I As owner: of the property involved in this request, I have read and understood the complete application and l) '--'- \ ,- Signa .ey' .. U - Date Lf/f(/DL( I , NOTICE: Section 15.04.240 of the Ashland Municipal Code prohibits the occupancy of a building 01':0. release of utilities prior to the issuance of a Certificate of Occupancy by the Building Division AND the completion of all zoning requirements and conditions imposed by the Planning Commission UNLESS a satisfactory performance bond has been posted to ensure completion. VIOLATIONS may result in prosecution and/or disconnection of utilities. ~6 II: II CONDITIONAL USE PERMIT APPLICATION for an Accessory Residential Unit at 904 Garden Way, Ashland, Oregon Owners: Dennis Gray and Jane Cory-Van Dyke April 2004 f:7 CONDITIONAL USE PERMIT APPLICATION for an Accessory Residential Unit at 904 Garden Way, Ashland, Oregon Owners: Dennis Gray and Jane Cory-Van Dyke April 2004 This Conditional Use Permit application is for a studio-size accessory residential unit to be located in part of existing, ground floor level single family home at 904 Garden Way. The proposed unit will be within the original garage (c.1954) and an existing addition to the garage built in the 1970s. A separate entrance with a path from the drive way to the door will be created on the south side of the structure. Parking will be provided on the existing driveway, an adjacent, expanded gravel apron, and the allowed credit of one on-street parking space. No changes are planned to the current exterior of the existing structure. Criteria for the approval of this permit is found under the R-1 and Conditional Use Permits section of the Ashland Land Use Ordinance. Specifically: Section 18.20.30 Conditional Uses H (Accessory residential units) 1. Lot coverage and setback requirements: The existing structure (including the proposed accessory unit) covers 19.4 percent of the subject property, less than the 45 percent required in the R1.75 zone: no additional coverage well be added. The existing setbacks meet standard yard setbacks. 2. Number of dwelling units: Two dwelling units are proposed for this lot, the maximum allowable. 3. Maximum size/area: The gross habitable floor area (GHFA) of the existing house is 1,574 square feet of which 475 square feet (43 percent) would become the GHFA of the proposed accessory unit, and thus, below the 1,000 square foot and 50 percent GHF A requirements of the ordinance. 4. Parking: A total of three parking spaces will be provided: one on the existing driveway, one on an expanded adjacent gravel apron, and the allowed credit for one on-street parking space (see attached parking plan detail). '61 II II Section 18.20.040 General regulations A. Minimum lot area: The minimum lot area in the R-I-7.5 zone is 7,500: The subject parcel is 8,125 square feet. B. Minimum lot width for interior R-I-7.5 lots is 65 feet: The subject parcel is 65 feet wide. C. Lot Depth: Minimum lot depth for interior R-I-7.5 lots is 80 feet: the subject parcel has a lot depth of 125 feet. D. Yard requirement: Set backs of 6 feet on each side and 15 feet to the street and 20 feet to the rear are the minimum requirement. The subject parcel meets or exceeds these requirements (see attached plot plan). E. Maximum building height: No structure shall be over 35 feet high. The current structure is single story was built in 1954 with a addition, the same height as the original garage, added in the 1970s. F. Maximum lot coverage: In an R-I-7.5 district the maximum allowed is 45 percent. Total impermeable surface coverage presently existing (structure and concrete slabs) covers 30 percent of the lot. Section 18.104.050 Approval Criteria The proposed accessory residential unit in conformance with the following Comprehensive Plan goal: To insure a variety of dwelling types and provide housing opportunities for the total cross-section of Ashland's population, consistent with preserving the character and appearance of the city. A studio-size accessory unit would provide a residence for a single person. Given the growing number on one-person households in the city, the proposed accessory unit would help meet the need for smaller dwelling units for a significant percent of the city's population. A neighborhood that contains a variety of primary and secondary residences adds to the richness and diversity of the life in an urban setting. The proposed accessory unit also serves the goal of residential in-fill. A. The proposed accessory unit will have a negligible affect on the "character and appearance of the city." The proposed changes to the existing dwelling consists of an extension of an existing gravel parking area, and the creation of a side entrance, not visible from the street. An extension of a decorative fence along the south boundary of the property ~/ill shield the entry from the house next door. Landscaping improvements to the property w'ill be in accordance with City regulations (see attached plan). The existing yards will be retained and improved; no significant landscaping elements (e.g. trees) will be removed. 1;1 B. The Conditional Use permit is contingent on adequate capacity of City Facilities. The subje:ct residence has been in place and used City utilities since the 1950s. Garden Way is a paved street, there is overhead electrical service, and the house is connected to all City serVIces. C. Material effect on the livability of the area: 1. Similarity in scale, bulk and coverage: The proposed accessory unit is within a an existing structure, thus, scale, bulk, and coverage would remain unchanged. 2. Generation of traffic: The proposed accessory unit, according to current planning data, would potentially added six vehicle trips per day, no more than the addition of a third driver in a family household (e.g., a teenage driver). With only a single resident in this small studio-size unit, and the proximity of shopping and mass transit (within three to four blocks), it is likely that even fewer than six vehicle trips per day may be generated when an allowance is made for a potential increase in bicycle and pedestrian traffic. 3. Architectural compatibility: The proposed accessory unit is in the former garage and a rear addition to that garage; the rear addition to the garage was constructed in the 1970s. The former garage fronts on Garden Way. Nearly fifty percent of the garages on Garden Way have been converted into living spaces. The subdivision was created in the early 1950s when homes were of a lesser square footage than today, and one car ownership was standard. The street appearance of the primary residence will not be changed by this proposed accessory unit. 4. Air quality: Air quality for the proposed accessory unit and the main residence is related to the potential increase in vehicle trips per day, which is likely no more than a family of four with three drivers in the household. The access to the structure is on paved roads; dust should not be a concern. The proposed accessory unit and the primary dwelling are both residential, thus odors or other environmental pollutants are not a factor. 5. Generation of noise, light, and glare: Changes proposed from the existing dwelling are the addition of an outside, low-wattage porch light near the entrance to the accessory and possible glare from additional daily vehicle trips. Since the proposed accessory unit adds only one resident to the property, any added noise, light, or glare would be the equivalent of adding one more person to a household. 6. All adjacent properties are in the R-I-7.5 zone and have been developed, therefore the proposed accessory unit would have no effect on future development. 10 II II 7. Other relevant factors noted by the Planning Department: · The gravel in the expanded gravel area providing the second off-street parking space will be contained by the existing concrete drive way, a concrete retaining wall footing, and wood or masonry barrier between the gravel and the remaining landscaped area. · The front yard will be upgraded through regeneration of the grass yard, the installation of a sprinkler system, and replanting with the existing flower beds. A street tree from the approved list (a red maple) will be planted in the front yard, east of the five foot street right-of-way. · The owners will sign in favor of a local improvement district to install sidewalks on Garden Way. · On-street parking credit: One-street parking credit is allowed ~or every two on-street spaces. Spaces are defined as 24 feet of uninterrupted curb, and the curb space must be contiguous to the lot which contains the use which requires the parking (Municipal Code Section 18.92.025: A, B:, and C.) Prom the north edge of the driveway apron at 904 Garden Way to the south edge of the abandoned driveway cut apron next door (to the north) is the uninterruped contiguous 48 feet required for one on-street parking credit. Chapter 18.72 for Site Review Approval A. All applicable City ordinances will be met by the proposed residential accessory unit. B. All requirements of the Site Review Chapter (see below) will be met. C. The proposed accessory residential unit complies with the Site Design Standards, specifically: · Landscaping: Seventy percent of the lot is not covered by structures or impenneable surfaces, greater than the required 45 percent of landscape coverage (see attached landscape plan). · Basic Site Review Standards for Multi-family Development: Existing orientation, set back, and access of the structure from the street remain unchanged. The current front yard is similar to neighboring yards. 9'( Landscaping will be improved with the regeneration of the front lawn and curb- side planting bed, and the addition of an irrigation system. Significantly more than the required eight percent of the lot area is dedicated for recreation use by the tenant. · Street Tree Standards: An approved street tree (a red maple) shall be planted east of the five foot City right-of-way to allow for the future construction of a sidewalk. All criteria of section II E 1-4 will be followed. D. Adequate City facilities for water, sewer, overhead electrical service, storm drainage and paved access have been in place since the 1950s on Garden Way. According to the City Engineering office there exists: · A six inch water line in Garden Way · A six inch main sewer line in Garden Way · A catch basin at the intersection of Clark St. and Garden Way · A fire hydrant located three lots (200 feet) north of904 Garden Way. The owners proposing this accessory residential unit have endeavored to comply with all the applicable standards of the Ashland Land Use Ordinance and the Comprehensive Plan. We therefore respectfully request approval of a Conditional Use Permit for the creation of an accessory dwelling unit at 904 Garden Way. q~ I / Front (West) Elevation South Elevation 904 Garden Way 13 "II T Rear (East Elevation) North Elevation 904 Garden Way it{ IIf ."'"tfUf Si.. LilAC 0ItU "ooC...I<O Bl. :r:. ~i,: 'I' Jackson Plat Map State OR Proposed Accessory Unit 904 Garden Way ';J11)~ ;4~-r SWl/4 NI::l/4 soc. 15 T.3!:E. RIE W.M. JACK..'nN CX)UNTY t" f'-tI ';OC..: 1100 1/"; '_l..J.I HOO 1\"\ . ,,<;IS) y c.;,\ /'>.1 "'x W ~i 8100 . , r~;lu,-,;;~,~,~ :~\~~-'r ,,,,).;>Y.. . ': ~ ~ '(;.;"""";-'-:'; , !~)c)o~ R. .'" :: ("'~"_ <' ~> :.; 65110 , - ~.. " ,- :~__J, ~ ~ ',i, a6Q2 i\Wi . ('""\)'('9:)-: 6Gn~--- ,-1~':J"~:iif:~g ':: '0" 5 -1 L ... __._ ( SK1J SJQI IlJGO ~..i' u.: _' :'.4~ C : S'W ...:::.~.~,.,- '~;:'7''IJ~~!~: :., {.J(;C . , . . ,'~,.~:.; " ~.~ :~l} '~:.~ .......'-. . .....,. .'..... ~ ~~.......... . . ' '. .!I 100 ._~:~""li.:_'_',,:,-,'.:,... ;.lJ1":. rl~~, 0:: W ~ ..:! ~ ~ ~oc l'ttl.l ""-~iitj '0' . 0:: - '<f, , 7101 ~. - : 7lQ-, :~u ,~..W::,i It: 17...1:1 4p~.. 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' ThIs sketch, 1$ ,provide.d ~or informational purposlOs 0,.,",'. and ((0 liability is ,assumed In connection l'lerewith. .' <0 ~ 0) <:> \9 - C\J ~ ~ U) (,9 ~ Q) 0) o 96 lr) -- ~ - t'<') - (\J - - - '0 Utility Pole , . 1/ ......... "' ft-.. ~ <cD Grass ~s! / / ! 0);- > ',- ..... ]0 CIl ......... o 0) 0...> o (\j ..... ..... o..c.J Ex-isting Gravel Parking Detail Proposed AR U: 904 Garden Way April 2004 Scale: 1/8" = 1 foot . I. Garden Way , ~l. WaterrYfeter 1 Concrete i Proposed ARU i 11 Lawn House .Key: . A. Nandina B. Mugo pine C. Rosemary D. Forsythia E.Blue fescue F. New Zealand Flax G. Bamboo H. Lavender I. Butterfly bush 1. Juniper K. Fotinia L. Oregon grape M. Ponderosa Pine N. Crab apple O. Red maple (planned) 'I April 2004 <lJ u' :::: <lJ' ~, biD 'E! .~! .~ w~ .~ )< ;.. o @ . Existing Trees Dj...... . .' '.. .. .. .... . . . . .. -. . , ".' . ". ..... .",- "'" .. ........ . ..,." . ................. ...:.... .. . \} tiS feet /"', Landscaping Plan Proposed Accessory Unit . 904'Garden Way, Ashland C ~- I r- I. I Concrete Slab Jt Number 5100! L.,~__~ R-1-7.5 Lot Size 8,125 Sq. Feet Slope: Street 5 %; lotO % Scale: 1" = 15 feet \.) o I::i q CD c:t CI:l p;- er -ll.. .. # ,. rG? ~G L F .E -D -c.-e e,L. Bath' Ki tchen Lawn X 1 oting Tree Bedroom I CL Bedrpom Living Tw~Bedroom House (1100 Square Feet) I Existing Planting I Lawn. E]Q "--~ ater Meter ~ .f Cl J.l- . ri .T" · ~ .1: · t+ · r . H .~ @J. . .. .~ .l~ t> K' (ff) -& f\l Existing Planting Garden Way . tiP trl ~. g. ()Q en !:l' ::: ("l 2' ~ Laundry Carport' / ...t :f... 1- Propelty Lines .~ 1- 1-- ---- "1:l +:>...., -...10 Vl'1:j CI:lO ..c ~ ::: p.. e; ;l>- CD ("l '"rj("l CD CD . CD en ,..... en '-'0 ~ c:: S: Pedestrian Path .~ Eie6tric M~t~r \.) o I::i ("l a CD d ..., ~. (1l ~ ~ :~:. en en Utility Pole -'fI~ . I. April 2004 T ,t Number 5100 .L _(-1-7.5 Lot Size 8,125 Sq. 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