HomeMy WebLinkAboutGranite_237 (PA-2009-00168)
CITY OF
ASHLAND
March 6, 2009
Urban Development Services
485 W Nevada St
Ashland, OR 97520
Notice of Final Decision
On March 6,2009, the Staff Advisor for the Ashland Planning Department administratively approved
your request for the following:
PLANNING ACTION: 2009-00168
SUBJECT PROPERTY: 237 Granite Street
APPLICANT: Urban Development Services for Dan & Karen Kahn
DESCRIPTION: A request for Conditional Use Permit, Site Review and Exception to Street Standards to convert
an existing guest house into an Accessory Residential Unit for the property located at 237 Granite Street.
COMPREHENSIVE PLAN DESIGNATION: Rural Residential; ZONING: RR-.5; ASSESSOR'S MAP #: 39
IE 08 DA; TAX LOT #: 1501
The Staff Advisor's decision becomes final and is effective on the 13th day after the Notice of Final
Decision is mailed.
Prior to that date, anyone who was mailed this Notice afFinal Decision may request a reconsideration of
the action by the Staff Advisor as set forth in the Ashland Land Use Ordinance (ALUO)
18.1 08.070(B)(2)(b) and/or file an appeal to the Ashland Planning Commission as provided in the ALUO
18.108.070(B)(2)(c).
An appeal may not be made directly to the Land Use Board of Appeals. Oregon law states that failure to
raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford
the decision maker an opportunity to respond to the issue, precludes your right of appeal to LUBA on that
issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of
appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to
proposed conditions of approval with sufficient specificity to allow this Department to respond to the
issue precludes an action for damages in circuit court.
The application, all associated documents and evidence submitted, and the applicable criteria are available
for review at no cost at the Ashland Community Development Department, located at 51 Winburn Way.
Copies of file documents can be requested and are charged based on the City of Ashland copy fee
schedule.
If you have any questions regarding this decision, please contact April Lucas, Administrative Assistant in
the Community Development Department between the hours of 8:00 am and 4:30 pm, Monday through
Friday at (541) 488-5305.
cc: Parties of Record
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
rA1
ASHLAND PLANNING COMMISSION
FINDINGS & ORDERS
PLANNING ACTION #2009-00168 is a request for Conditional Use Permit, Site Review and Exception to
Street Standards to convert an existing guesthouse into an Accessory Residential Unit for the property
located at 237 Granite Street.
COMPREHENSIVE PLAN DESIGNATION: Rural Residential; ZONING: RR-.5;
ASSESSOR'S MAP #: 391E 08 DA; TAX LOT #: 1501
APPLICANT: Urban Development Services for Dan & Karen Kahn
SUBMITTAL DATE:
DEEMED COMPLETEDATE:
STAFF APPROVAL DATE:
FINAL DECISION DATE:
APPROVAL EXPIRATION DATE:
February 6,2009
February 18, 2009
March 6, 2009
March 19,2009
March 19, 2010
DECISION
The application is a request for a Conditional Use Permit and Site Review approval to convert an existing
approximately 688 square foot guesthouse into an Accessory Residential Unit for the property located at 237
Granite Street. The proposal also includes an Exception to Street Standards in order to install required
sidewalks at curbside along Granite Street.
The subject parcel is approximately 3.18 acres, and is located on the west side of Granite Street, between
Strawberry Lane and Winburn Way. The lot is irregularly shaped and has no street frontage; access to the
property is through ingress, egress and roadway easements to use an unpaved driveway over an adjacent
property at 233 Granite Street. The subject property currently contains two structures - a two-and-one-half
story 5,711 square foot primary residence that was constructed in 2002, and a detached guesthouse/garage
accessory structure originally built in 1910 and reconstructed in 2003 after it was destroyed by fire. The
guesthouse/ garage is located approximately 250 feet downhill and east of the primary residence, and contains
parking within the approximately 525-square foot garage on the lower level and approximately 688 square
feet ofliving space on the upper level. The upper level living space is accessed via an exterior door, and has
no internal access from the garage. The subject property has varying slopes ranging from flat to over 40
percent in some locations.
With the application, the applicants propose to convert the guesthouse into an accessory residential unit by
adding kitchen cooking facilities. No alterations to the site or its vegetation are proposed, and modifications
to the existing guesthouse are to be limited to the installation of kitchen cooking facilities. Because the site
is accessed via a flag drive, parking requirements for the existing home and proposed accessory residential
unit call for five parking spaces to be provided - two spaces for each of the two units and a fifth guest
parking space. Two parking spaces are available within the existing lower level garage and each unit would
utilize one of these spaces, with two additional surface parking spaces available on the north side of the
accessory residential unit and two spaces available adjacent to the primary residence to more than satisfy the
parking requirements for the proposal.
PA #2009-00168
237 Granite St./dds
Page 1
Utilities including water, sanitary sewer, storm drainage and electric are in place and serve the existing home
and its accessory structure. A separate electric meter is required to serve the newly created accessory
residential unit, and necessary utility lines will need to be installed to allow connection of a stove and
refrigerator.
Accessory residential units are limited in size to one-half of the gross habitable floor area of the primary
residence up to a maximum of 1 ,000 square feet. The existing house contains approximately 5,711 square
feet ofliving area according to assessment records from Jackson County, and the proposed 688 square foot
accessory residential unit is thus well within both of these limitations.
Granite Street is a collector street in this vicinity, and is paved to a 29-foot width with curbs and gutters in
place. There are curbside sidewalks along the west side of Granite Street; however, they end approximately
100 feet north of the driveway serving the subject property. Within the RR-.5 zoning district, accessory
residential units are only allowed on fully improved streets with sidewalks in place, and as part of the
proposal, the applicants would extend the required sidewalks to the driveway along the frontage of the
adjacent property at 233 Granite Street. An Exception to Street Standards has been requested in order to
match the existing curbside sidewalk pattern along Granite Street and to respond to the topography in the
area. The application notes that the existing right-of-way is not sufficient to accommodate the installation of
a full park row planting strip, that an existing retaining wall on the neighbor's property at 233 Granite Street
would need to be removed and reconstructed if a standard sidewalk were required, and that the Exception
would result in equal facilities while preserving the existing streetscape and retaining wall. In staffs view,
the requested Exception meets the applicable approval criteria by providing the required sidewalk in a
manner consistent with the established neighborhood pattern while reducing the impact. of the installation on
the adjacent slopes and the neighborhood.
The home, accessory residential unit, driveways and required parking are existing and established within the
neighborhood, and according to the application result in only approximately three percent ofthe site being
covered with impervious surfaces, which is well below the maximum allowed lot coverage of20 percent for
this district. At 3.18 acres, the subject property is significantly larger than the half-acre minimum lot size for
the RR -.5 zoning district. Given that the subject property has a base density of approximately 3.8 residential
units, the combined "adverse material affects on the livability of the neighborhood" attributable to the
existing home and proposed residential unit should be significantly less than would result from the target use
of the subject property to its full potential.
Accessory units located within the RR-.5 zoning district and the Wildfire zone are required to provide
residential fire sprinklers, and a condition has been added below to require that sprinklers be installed,
inspected and approved prior to occupancy of the proposed unit. The application also notes that the
applicants have met with the Fire Marshall and will be implementing the required fuels reduction plan as
. part of the proposal.
The criteria for a Conditional Use Permit are described in AMC Chapter 18.104.050, 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.
P A #2009-00168
237 Granite St./dds
Page 2
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
followingfactors 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.
The criteria for an Accessory Residential Unit in the RR-.5 zoning district are described in AMC
Chapter 18.16.030.J, as follows:
1. The proposal must conform with the overall maximum lot coverage and setback
requirements of the underlying zone.
2. The maximum number of dwelling units shall not exceed 2 per lot.
3. The maximum gross habitable floor area (GHF A) of the accessory residential structure shall
not exceed 50% of the GHF A of the primary residence on the lot, and shall not exceed 1000
sq. fl. GHF A.
4. Additional parking shall be in conformance with the offstreet Parking provisions for single-
family dwellings of this Title.
5. If the accessory residential unit is not part of the primary dwelling, all construction and land
disturbance associated with the accessory residential unit shall occur on lands with less than
25% slope.
6. If located in the Wildfire zone, the accessory residential unit shall have a residential
sprinkler system installed.
7. The lot on which the accessory residential unit is located shall have access to an improved
city street, paved to a minimum of 20' in width, with curbs, gutters, and sidewalks.
8. No on-street parking credits shall be allowed for accessory residential units in the RR-.5
zone."
The criteria for Site Review Approval are described in AMC Chapter 18.72.070, as follows:
A. All applicable City ordinances have been met or will be met by the proposed
development.
P A #2009-00168
237 Granite St./dds
Page 3
B. All requirements of the Site Review Chapter have been met or will be met.
e. 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.
The criteria for an Exception to Street Standards are described in AMC Chapter 18.88.050.F, as
follows:
A. There is demonstrable difficulty in meeting the specific requirements of this chapter due
to a unique or unusual aspect of the site or proposed use of the site;
B. The variance will result in equal or superior transportation facilities and connectivity;
e. The variance is the minimum necessary to alleviate the difficulty;
D. The variance is consistent with the stated Purpose and Intent of the Performance
Standards Options Chapter.
The application with the attached conditions complies with all applicable City ordinances. Planning Action
#2009-00168 is approved with the following conditions. Further, if anyone or more of the following
conditions are found to be invalid for any reason whatsoever, then Planning Action 2009-00168 is denied.
The following are the conditions and they are attached to the approval:
1) That all proposals ofthe applicant shall be conditions of approval unless otherwise modified herein.
2) The applicants shall obtain a special inspection if deemed necessary by the Building Division in
order to verify any potential building code issues with the modification of the existing structure,
including but not limited to requirements for an occupancy separation between the garage and living
space and for providing separate electric services to the new accessory residential unit.
3) That a fuel break as required by AMC 18.62.090.B shall be installed and inspected prior to
combustible construction on the site and maintained.
4) That ingress and egress for the subject property shall be limited to the existing driveway for which
easement access is available. The drive for the adjacent property at 223 Granite Street shall not be
used for ingress or egress unless the applicants can provide evidence of an easement.
5) That prior to the issuance of a certificate of occupancy for the new accessory residential unit:
a) Any necessary building permits and inspections shall be obtained, including permits for the
new electrical service to the accessory residential unit and extension of gas and electric lines
for new appliances, and any applicable permit fees, utility connections, and system
development charges for parks and transportation paid.
b) A separate, underground electric service for the accessory residential unit shall be installed in
accordance with Ashland Electric Department requirements.
c) 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.
d) The requirements of the Ashland Fire Department shall be met including the installation of
approved addressing, the installation of smoke alarms complying with current O.R.S.
requirements, installation of a residential fire sprinkler system, and the installation and
maintenance of the required fuel break.
P A #2009-00168
237 Granite St./dds
Page 4
e) That curbside sidewalks to match the existing sidewalks shall be installed on the west side of
Granite Street from the terminus ofthe existing sidewalks south across the frontage of233
Granite Street to the driveway serving 237 Granite Street (approximately 100 feet). The
sidewalk and driveway approach shall be permitted through the Engineering Division, and
shall be installed, inspected and approved prior to the issuance of a certificate of occupancy
for the new accessory residential unit.
t) That all exterior lighting shall be directed on the property and shall not illuminate adjacent
proprieties.
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P A #2009-00168
237 Granite St./dds
Page 5
Easy ..... Labels
Use Averye Template 516C)4t
PA-2009-00168 391EOBDA 1600
APPEL CORI
235 GRANITE ST
ASHLAND OR 97520
PA-2009-00168 391EOBDA 1902
CAIN ROBERT ROY TRUSTEE
263 GRANITE ST
ASHLAND OR 97520
PA-2009-00168 391EOBDA 1100
EGGERS ELIZABETH JO ANNE TRUSTEE
221 GRANITE ST
ASHLAND OR 97520
PA-2009-00168 391 E08DA 1401
FULLER HARRY GIKA TE L
243 GRANITE ST
ASHLAND OR 97520
PA-2009-00168 391 E08DA 1800
LINDGREN REBECCA TRSTEE FBO
POBOX 333
GOLD HILL OR 97525
PA-2009-00168
Urban Development Services
485 W Nevada St
Ashland, OR 97520
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ASHLAND CITY OF
340 S PIONEER ST
ASHlAND OR 97520
PA-20Q9.00168 391E08DA 1400
COllONGE JEAN C1JOSEPH L
227 ROSALIE CT
LOS GA TOS CA 95032
PA-20Q9.00168 391E08DA 1200
EISENBERG LEONARD I TRUSTEE ET AL
223 GRANITE ST
ASHLAND OR 97520
PA-2009-00168 391 E08DA 1501
KAHN DANIEL A TRUSTEE
237 GRANITE ST
ASHLAND OR 97520
PA-2009-00168 391 E08DA 1201
MAST AIN RICHARD K TRUSTEE ET AL
227 GRANITE ST
ASHLAND OR 97520
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ASHLAND OR 97520
PA-20Q9.00168 391E08DA 700
D & S VENTURES L L C
10500 NE 8TH ST 1550
BELLEVUE WA 98004
PA-20Q9.00168 391E08DA 701
EK WlUIAM T
229 GRANITE ST
ASHLAND OR 97520
PA-2009-00168 391 E08DA 900
KANNASTO HARRY R
1015 PARK ST
ASHLAND OR 97520
PA-200~168 391 E08DA 1801
PRINCE PERRY
PO BOX 1364
ASHLAND OR 97520
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Re: Planning Action 2009-00168
Subject Property: 237 Granite St.
To the Ashland Planning Department:
The only concern I have with converting this existing guest house to an Accessory Residential Unit
relates to motor vehicle access. I would like to be sure that all who drive to and from 237 Granite St.
use only the legally designated lane/driveway. This includes residents, visitors, and all those who
provide any service (including deliveries) to people or property.
My neighbors at 223 Granite have a private dirt/gravel drive (in addition to access by the multi-use
drive that serves 237) that is adjacent to my house and creates dust, fumes, and noise when used
inappropriately. The neighbors at 223 are very sensitive to those issues. This drive connects to the drive
that serves 237 and a few other residences, and at times there has been a problem with use by those
who are not allowed access via the 223 drive. Granting this permit may provide an opportunity to
inform all those on the multi-use drive that the 223 access is not available for their use (except, of
course, in case of fire or other dire emergencies).
Thank you for your attention to this issue.
JoAnne Eggers
221 Granite St.
Ashland OR
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Planning Department, 51 Wi! Way, Ashland, Oregon 97520
541-488-5305 Fax: 541-552-t..voO www.ashland.or.us TTY: 1-800-735-2900
CITY OF
ASHLAND
NOTICE OF APPLICATION
PLANNING ACTION: 2009-00168
SUBJECT PROPERTY: 237 Granite Street
APPLICANT: Urban Development Services for Dan & Karen Kahn
DESCRIPTION: A request for Conditional Use Permit, Site Review and Exception to Street Standards to convert
an existing guest house into an Accessory Residential Unit for the property located at 237 Granite Street.
COMPREHENSIVE PLAN DESIGNATION: Rural Residential; ZONING: RR-.5; ASSESSOR'S MAP
#: 39 IE 08 DA; TAX LOT #: 1501
NOTICE OF COMPLETE APPLICATION: February 18,2009
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: March 4, 2009
r
+
The Ashland Planning Department Staff has received a complete application for the property noted above.
Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Department, 51 Winburn Way,
Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above.
Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a
notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the
comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the
application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning
Division Staff's decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC
18.108.040)
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this
application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right
of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify 'Nhich ordinance criterion the objection is based on also precludes
your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval
with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court.
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. All materials are available at the Ashland Planning Department, Community Development &
Engineering Services Building, 51 Winburn Way, Ashland, Oregon 97520.
If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Department at 541-488-5305.
G :\comm-dev\planning\Notices Mailed\2009\2009-00 168 .doc
CONDITIONAL USE PERMITS
18.104.050 Approval 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:
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.
SITE DESIGN AND USE STANDARDS
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.
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. All improvements in the street right-of-way shall comply with the Street
Standards in Chapter 18.88, Performance Standards Options.
(ORD 2655,1991; ORD 2836,1999)
ACCESSORY RESIDENTIAL UNITS
18.16.030J Approval Criteria
J. Accessory residential units, subject to the Type I procedure and criteria, and the following additional criteria:
1. The proposal must conform with the overall maximum lot coverage and setback requirements of the underlying zone.
2. The maximum number of dwelling units shall not exceed 2 per lot.
3. The maximum gross habitable floor area (GHFA) of the accessory residential structure shall not exceed 50% of the GHFA of the primary residence on
the lot, and shall not exceed 1000 sq. ft. GHF A.
4. Additional parking shall be in conformance with the off-street Parking provisions for single-family dwellings of this Title.
5. If the accessory residential unit is not part of the primary dwelling, all construction and land disturbance associated with the accessory residential unit
shall occur on lands with less than 25% slope.
6. If located in the Wildfire zone, the accessory residential unit shall have a residential sprinkler system installed.
7. The lot on which the accessory residential unit is located shall have access to an improved city street, paved to a minimum of 20' in width, with curbs,
gutters, and sidewalks.
8. No on-street parking credits shall be allowed for accessory residential units in the RR-.5 zone."
EXCEPTION TO STREET STANDARDS
18.88.050 F Exception to Street Standards
An exception to the Street Standards is not subject to the Variance requirements of section 18.100 and may be granted with respect to the
Street Standards in 18.88.050 if all of the following circumstances are found to exist:
A. There is demonstrable difficulty in meeting the specific requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the
site.
B. The variance will result in equal or superior transportation facilities and connectivity;
C. The variance is the minimum necessary to alleviate the difficulty; and
D. The variance is consistent with the stated Purpose and Intent of the Performance Standards Options Chapter.
(ORD 2951,2008; ORD 2836, 1999)
G :\comm~dey\planning\Notices Mailed\2009\2009-00 168 .doc
Easy Peele Labels
Use Ave~ Template 5160Q!)
PA-2009-00168 391 E08DA 1600
APPEL DORI
235 GRANITE ST
ASHLAND OR 97520
PA-2009-00168 391 E08DA 1902
CAIN ROBERT ROY TRUSTEE
263 GRANITE ST
ASHLAND OR 97520
PA-2009-00168 391 E08DA 1100
EGGERS ELIZABETH JO ANNE TRUSTEE
221 GRANITE ST
ASHLAND OR 97520
PA-2009-00168 391 E08DA 1401
FULLER HARRY G/KA TE L
243 GRANITE ST
ASHLAND OR 97520
PA-2009-00168 391 E08DA 1800
LINDGREN REBECCA TRSTEE FBO
POBOX 333
GOLD HILL OR 97525
PA-2009-00168
Urban Development Services
485 W Nevada St
Ashland, OR 97520
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PA-2009-00168 391 E08DA 1901
ASHLAND CITY OF
340 S PIONEER ST
ASHLAND OR 97520
PA-2009-00168 391 E08DA 1400
COLLONGE JEAN C/JOSEPH L
227 ROSALIE CT
LOS GA TOS CA 95032
PA-2009-00168 391 E08DA 1200
EISENBERG LEONARD I TRUSTEE ET AL
223 GRANITE ST
ASHLAND OR 97520
PA-2009-00168 391 E08DA 1501
KAHN DANIEL A TRUSTEE
237 GRANITE ST
ASHLAND OR 97520
PA-2009-00168 391 E08DA 1201
MASTAIN RICHARD K TRUSTEE ET AL
227 GRANITE ST
ASHLAND OR 97520
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BROWN ADELAIDE S TRSTEE FBO
POBOX 141
ASHLAND OR 97520
PA-2009-00168 391 E08DA 700
D & S VENTURES L L C
10500 NE 8TH ST 1550
BELLEVUE WA 98004
PA-2009-00168 391 E08DA 701
EK WILLIAM T
229 GRANITE ST
ASHLAND OR 97520
PA-2009-00168 391 E08DA 900
KANNASTO HARRY R
1015 PARK ST
ASHLAND OR 97520
PA-2009-00168 391 E08DA 1801
PRINCE PERRY
PO BOX 1364
ASHLAND OR 97520
15
0211812009
237 Granite St
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ZONING PERMIT APPLICATION
Planning Department
51 Winburn Way, Ashland OR 97520
CITY OF
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Tax Lot(s) I ':;"'0 I
Zoning
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Comp Plan Designation ;( j::;; lL)
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APPLICANT
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PROPERTY OWNER
Name DCil7 9 ~trt:"I?
Address ~:?,3 '7 6r C{, n i i e
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SURVEYOR, ENGINEER. ARCHITECT. LANDSCAPE ARCHITECT. OTHER
Title 'Name Phone E-Mail
Address '~f'-. N;:rp-;Lfr7lil ,:1'2_ City Zip
Title Name Phone E-Mail
Address City Zip
I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects,
true and correct. I understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their
location found to be incorrect, the owner assumes full responsibility I further understand that if this request is subsequently contested, the burden will be on me to
establish:
1)
2)
3)
4)
that I produced sufficient factual evidence at the hearing to support this request;
that the findings of fact furnished justifies the granting of the request;
that the findings of fact furnished by me are adequate; and further
that all structures or improvements are properly located on the ground.
Failure in this regard will result most likel ' not only e request being set aside, but also possibly in my structures being built in reliance thereon being required to
be removed at my expense, If I have y doubts, I am a vised to seek competent professional advice and assistance,
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Date
in this request, I have read and understood the complet application and its consequences to me as a property
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Date Received
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PROJECT DESCRIPTION FOR
A PROPOSAL FOR A CONDITIONAL USE AND SITE REVIEW
PERMIT TO CONVERT THE EXISTING GUEST HOUSE
INTO AN ACCESSORY RESIDENTIAL UNIT AND
AN EXCEPTION TO THE CITY'S STREET STANDARDS FOR A
CURBSIDE SIDEWALK ALONG GRANITE STREET
SUBMITTED TO
CITY OF ASHLAND PLANNING DEPARTMENT
ASHLAND, OREGON
SUBMITTED BY
URBAN DEVELOPMENT SERVICES, LLC.
485 w. NEVADA STREET
ASHLAND, OR 97520
I. PROJECT INFORMATION:
PLANNING ACTION: A request for a Conditional Use and Site Review Permit to
convert the existing guest house at 237 Granite Street into an accessory residential unit.
The application also includes an exception request to the City's Street Standards for a
curbside sidewalk along Granite Street.
LEGAL DESCRIPTION: 391E 08DA 1501
OWNER:
Dan & Karen Kahn
237 Granite Street
Ashland, OR 97520
541-488-4081
APPLICANT/LAND USE PLANNING:
Urban Development Services, LLC
485 W. Nevada Street
Ashland, OR 97520
Tel: 541-482-3334
COMPREHENSIVE PLAN DESIGNATION:
Low Density Residential
ZONING DESIGNATION:
RR-.5
LOT AREA:
Total Area: 138,520 sq. ft./3.18 acres
MINIMUM LOT AREA:
RR-.5 Zone: 21,780 sq. ft./ .5 acre
APPLICABLE ORDINANCES:
Rural Residential 18.16
Conditional Use Permits 18.104
Site Review Permits 18.72
Street Exceptions 18.88
ADJACENT ZONINGIUSE:
WEST: RR-.5; Rural Residential
EAST: R-1-1O; Single Family Residential
SOUTH: WR; Woodland Residential
NORTH: RR-.5; Rural Residential
SUBJECT SITE: RR-.5; Rural Residential
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II. PROPERTY AND PROJECT DESCRIPTION:
Property Description: The subject property is located at 237 Granite Street;i',00tw~ll1
Strawberry Lane and Winburn Way - directly north of the old Granite ~tPe~li~{tarFYprnGnt
Access to the property is via an unpaved driveway and perpetual non-exclusive easement
through 233 Granite Street which fronts along the Granite Street right-of-way. The
property is 3.18 acres in size with slopes ranging from 0% to 40% with plenty of
vegetation. The property is zoned RR-.5 (112 acre minimum) and could accommodate up
to six lots under a conventional subdivision proposal or 3.8 lots under a Performance
Standards Options development. The zoning to the east is R-I-I0 (properties fronting
Granite Street), to the south WR and to the north and west RR-.5.
Project Site
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Ashland
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Vicinity Map
Neighborhood Map
There are two structures occupying the property with the principal structure being the
house and the second structure the guest house/garage structure. The house was
constructed in 1992 and is two and one-half stories in height. According to County
records, the home is 5,711 square feet and is well known by local architects and designers
for its architecture, landscape details and hillside setting. The guest house/garage
structure, which sits approximately 250' downhill to the east from the primary house, was
originally built in 1910(c), but in 2003 was destroyed by fire and rebuilt in 2004. (NOTE:
The guest house/garage structure, as well as the subject parcel, was once owned by the
property owners of 233 Granite Street before they subdivided their property). As with the
house, the guest house/garage structure was also partially built into the hillside with a
daylight basement facing the east and the living space and its front door facing the west.
The guest house has its own separate parking spaces with two parking spaces below in
the garage and one space above near the front door (see attached site plan and photos).
Proposal: The proposal is to convert the existing guest house into an accessory dwelling
unit that would have independent living elements such as a stove, refrigerator, etc. Since
the fire and re-construction, the guest house has been used by guests and extended family,
but would now like to have the flexibility to use the guest house as a long-term
independent living space.
'1
The property owners do not intend to alter the site around the building or to the
building's exterior as it is relatively new. The only changes will be to the interior which
will include adding a stove and refrigerator. It should be noted, when the guest house was
rebuilt in 2004, the property owners, based upon consultation with City Planning and
Building staff, intended to construct the guest house as if it would "one day" be converted
to a true independent living space. As such, the quest house already has all of the
available services such as water heater, gas lines, electric lines, etc. It appears little, if
any, building modifications or permits will be necessary other than typical inspections for
gas line connections with the stove, etc.
Existing guest house/garage structure - northeast view
Existing guest house/garage structure - north view
A
Existing guest house/garage structure - southwest view
As noted, the guest house's ground floor is a two single-bay 525 square foot garage
currently used by the property owners for storage. One of the garage spaces will likely
continue to be used by the property owners and the other space will be dedicated to the
accessory unit. There is no internal access from the garage area to the second floor and
occupants have to access the top floor from the exterior by walking around the exterior of
the building.
The top floor is approximately 688 square feet and consists of a small separate bathroom
and separate bedroom in the northwest comer. The remaining floor area is generally open
space with the kitchen and dining area within the northeast comer, wood stove within the
southeast comer and the front entrance is on the west side of the building. The converted
guest house is ideal for a single person or a single parent providing quality
accommodations with minimal impact to the neighborhood.
According to the City's parking requirements, the accessory units demand would be 1.5
parking spaces (2). The site plan identifies at least three parking spaces with two in the
garage and one near the unit's front door. In addition, additional parking is available
within the elongated driveway leading to the garages. All of the vehicular parking meets
the design and back-up standards noted in Chapter 18.92.
Utilities: All utilities exist and are sized appropriately to serve the accessory unit. During
the homes construction in 1992, a significant amount of effort went into the planning of
this lot's future development with the idea the property would be further partitioned in
the future. As such, the utility lines extending from Granite Street to the house were
upsized to accommodate not only the proposed accessory dwelling unit, but also
additional houses. Records and videos are available, but overall, the site's infrastructure
exists and is more than adequate to accommodate the increased use. iU0W~;~:..~'~8:; ,~;!<JilLUUJO:'>
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Water I Storm I Sewer & Electric Utility Map (City of Ashland)
The above map shows various utilities extending through the property serving not only
the subject parcel, but neighboring parcels as well. The map shows a public fire hydrant
directly west of the guest house and has 45 pounds of water pressure.
Fuels Reduction Plan: The applicants will comply with the provisions noted in the
Ashland Municipal Code, Chapter 18.62.090 A. and B. regarding fuels reduction around
structures in the wildfire zone. The applicants have met on-site with the Ashland Fire
Department to determine the extent of the fuels reduction. Essentially there is a single
tree limb extending over the structure that will need to be trimmed and some small
bushes to be cut. Overall, there is a limited amount of vegetation that will need to be
addressed most likely due to the applicants' recent fire experience and their efforts to
reduce fuels ever since.
III. FINDINGS OF FACT:
The required findings of fact have been provided to ensure the proposed project not only
clarifies the applicant's request, but also meets the Conditional Use Permit standards and
criteria as outlined in the Ashland Municipal Code (AMC), Section 18.16.030 J and
18.104. NOTE: For clarity, the following document has been formatted in "outline" form
with the City's approval criteria noted in BOLD font and the applicant's response in
regular font. Also, due to repetitiveness in the required findings of fact, there may be a
number of responses that are repeated in order to ensure that the findings of fact are
complete.
18.16.030 J. Conditional Uses (Approval Standards):
1. The proposal must conform with the overall maximum lot coverage and setback
requirements of the underlying zone.
h
No structural or exterior changes are proposed with this application. The subject building
was approved and constructed under the review of both the Ashland Planning and
Building Departments in 2004. The site is 3.18 acres and has a permissible 20%
maximum lot coverage or 27,704 square feet. From all accounts, the site's impervious
surface area only covers 4,000 square feet (+/-) or 3% of the property. The application
meets this standard.
2. The maximum number of dwelling units shall not exceed 2 per lot.
Currently, there is only one dwelling on the property. Once the application is approved
and building permits issued for the kitchen remodel in the accessory structure, the
property will then have two dwelling units. The application meets this standard.
3. The maximum gross habitable floor area (GHFA) of the accessory residential
structure shall not exceed 500/0 of the GHF A of the primary residence on the lot,
and shall not exceed 1000 sq. ft. GHF A.
The primary residence, according to Jackson County records, is 5,711 square feet and the
proposed accessory dwelling unit is 688 square feet or only 12% of the primary
residences GHF A. The application meets this standard.
4. Additional parking shall be in conformance with the off-street Parking provisions
for single-family dwellings of this Title.
The City of Ashland's parking standards for a one-bedroom unit greater than 500 square
feet in area is 1.5 parking spaces and the applicant is providing 2 parking spaces. The
application meets this standard.
5. If the accessory residential unit is not part of the primary dwelling, all
construction and land disturbance associated with the accessory residential unit
shall occur on lands with less than 250/0 slope.
No additions to the accessory structure or site disturbances are proposed with this
application. All building construction and site alterations were completed in 2004 under
the direction of the Ashland Planning and Building Departments. The application meets
this standard.
6. If located in the Wildfire zone, the accessory residential unit shall have a
residential sprinkler system installed.
The applicants have met with the Ashland Fire Department and a residential fire sprinkler
contractor to address this standard. Building permits will be applied for and sprinklers
installed. The application meets this standard.
7. The lot on which the accessory residential unit is located shall have access to an
improved city street, paved to a minimum of 20' in width, with curbs, gutWr~, ~~d
sidewalks. I,;, '.... ,
7
The subject property has legal access to Granite Street. Granite Street is fully improved
with sidewalks, curbs, gutters, etc. However, along the frontage of233 Granite Street,
there is no sidewalk. As such, in order to meet this standard, the applicants will install
approximately 100' of sidewalk along the curb. The applicants are asking for an
exception to the City's Street Standards in order to install the sidewalk adjacent to the
curb instead of behind a parkrow (planting strip) as previously described. The application
meets this standard.
8. No on-street parking credits shall be allowed for accessory residential units in the
RR-.5 zone."
No on-street parking credits are being requested. The application meets this standard.
18.104.050 Conditional Use Permits (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.
The proposal conforms to the overall maximum lot coverage and setback requirements as
noted in Chapter 18.16.040 as well as relevant Comprehensive Plan policies. No
structural or exterior changes are proposed with this application. The subject building
was approved and constructed under the review of both the Ashland Planning and
Building Departments in 2004. The site is 3.18 acres and has a permissible 20%
maximum lot coverage or 27,704 square feet. From all accounts, the site's impervious
surface area only covers 4,000 square feet (+/-) or 3% of the property. The application
meets the criteria.
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.
The applicant has completed a pre-application and has received feedback from the
various City departments and private utility companies that provide utility services. At no
time was it indicated to the applicants that any of the facilities were at capacity or could
not be provided to the proposed accessory residential unit. In fact, it should be understood
the existing structure has served as a guest house for the past five years and has all of the
necessary utilities to service the new unit. The application meets the criteria.
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.
Q
No structural or exterior changes are proposed with this application. The subject building
was approved and constructed under the review of both the Ashland Planning and
Building Departments in 2004. At that time, the applicants and designer considered the
accessory unit's design so that it didn't overwhelm the existing home or neighborhood.
As such, the structure's scale, bulk and coverage is less than or equal to the structures
found in the immediate neighborhood. The application meets the criteria.
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.
The Institute of Traffic Engineers (ITE) estimate that a single family residence generates
10 vehicle trips in a given 24 hour day and accessory unit generates 7.6 vehicle trips -
with the conclusion small units house less drivers. It is the applicant's contention the
actual numbers are likely to be less than "a national average" as the subject property is
close to the Downtown core as well as many day-to-day services, so there is a likelihood
the resident will walk or ride a bicycle more often. The generation of an additional 7.6
trips onto Granite Street is minimal and will not create a noticeable difference to the
street's capacity.
Furthermore, considering the size of the property, under current zoning regulations, the
subject property has a base density of approximately four units. The applicants are
proposing ).S of the permitted base density. The application meets the criteria.
3. Architectural compatibility with the impact area.
No structural or exterior changes are proposed with this application. The subject building
was approved and constructed under the review of both the Ashland Planning and
Building Departments in 2004. At that time, the applicants and designer considered the
accessory unit's design so that it didn't overwhelm the existing home or neighborhood.
As such, the structure's scale, bulk and coverage is less than or equal to the structures
found in the immediate neighborhood. The application meets the criteria.
4. Air quality, including the generation of dust, odors, or other environmental
pollutants.
The residential accessory unit will not generate dust, odors, or other environmental
pollutants. The Conditional Use Permit is for a small residential unit and not a business or
commercial operation that may have dust, odors or other environmental pollutants as part
of their use. The application meets the criteria.
5. Generation of noise, light, and glare.
As with the criteria noted above, the residential accessory unit will not generate noise,
light or glare that typically isn't generated by a small single family home. The
Conditional Use Permit is for a small residential unit and not a business or commercial
operation that may have periods of noise, light or glare as part of their l!is,e/ It's the,
applicant's opinion the accessory residential use will not have noise, light or glare
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impacts beyond what is typically found in a small residential home. The application
meets the criteria.
6. The development of adjacent properties as envisioned in the Comprehensive Plan.
The proposed accessory unit in no way would effect the potential development of
adjacent properties. The applicant has gone to significant strides to make sure the
accessory unit fits nicely into the neighborhood. The application meets the criteria.
7. Other factors found to be relevant by the Hearing Authority for review of the
proposed use.
The applicant believes the proposal is consistent with past decisions regarding accessory
residential units. The applicant is not aware of other factors that may be of concern.
EXCEPTION TO STREET STANDARDS:
18. 88. 050.F - Exception to Street Standards - An exception to the Street Standards is not
subject to the Variance requirements of section 18.100 and may be granted with respect
to the Street Standards in 18.88.050 if all of the following circumstances are found to
exist:
A. There is demonstrable difficulty in meeting the specific requirements of this
chapter due to a unique or unusual aspect of the site or proposed use of the
site.
The applicants have to construct an "off-site" improvement along Granite Street
in order to meet the standard found in AMC 18.16.030 J.7. The improvement will
be for a sidewalk along the frontage of the neighboring property at 233 Granite
Street. The improvement will be for approximately 100 from an existing sidewalk
to the driveway. However, the City's Street Standards requires a curb-side
parkrow and a sidewalk.
Unfortunately, there is a demonstrable difficulty in meeting the aforementioned
parkrow and sidewalk standard along Granite Street for at least three reasons.
First, there is no right-of-way to accomplish the parkrow and sidewalk. Secondly,
the neighboring property owner as 233 Granite Street has an existing retaining
wall which would have to be removed and reconstructed. Finally, this section of
Granite Street only has curbside sidewalks making a mid-block deviation
illogical. The photos below best illustrate the physical constraints and limited
right-of-way constraint of providing a parkrow and sidewalk.
B. The variance will result in equal or superior transportation facilities and
connectivity;
The request will result in the preservation of the neighbor's wall and preserve the
existing streetscape and be at least equal in value as the standard pedestrian
transportation facility. In fact, there is an existing "worn" path which will be
replaced providing a safer and superior surface. The application meets the criteria.
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C. The variance is the minimum necessary to alleviate the difficulty; and
The request is the minimum necessary to alleviate the difficulty. The application
meets the criteria.
233 Granite Street - looking north from applicant's driveway
243 Granite Street -looking south from applicant's driveway
D. The variance is consistent with the stated Purpose and Intent of the
Performance Standards Options Chapter.
The stated Purpose and Intent of the Performance Standards Options Chapter are
1 1
found in Chapter 18.88.010 of the Ashland Municipal Code and is as follows:
18.88.010 Purpose and Intent,.. The purpose and intent of this Chapter is to allow
an option for more flexible design than is permissible under the conventional
zoning codes. The design should stress energy efficiency, architectural creativity
and innovation, use the natural features of the landscape to their greatest
advantage, provide a quality of life equal to or greater than that provided in
developments built under the standard zoning codes, be aesthetically pleasing,
provide for more efficient land use, and reduce the impact of development on the
natural environment and neighborhood. .
The request is consistent with the stated purpose and intent of the Performance
Standards Options Chapter found in Chapter 18.88.010 as the applicant is
proposing to will result in the preservation of the neighbor's wall and preserve the
existing streetscape.
18.72.070 Site Review Permit (Approval Criteria):
A. All applicable City ordinances have been met or will be met by the proposed
development.
Other than the sidewalk exception request, the proposal conforms to all City ordinances.
Specifically, the overall maximum lot coverage and setback requirements as noted in
Chapter 18.16.040 as well as relevant Comprehensive Plan policies are being met. No
structural or exterior changes are proposed with this application. The subject building
was approved and constructed under the review of both the Ashland Planning and
Building Departments in 2004. The site is 3.18 acres and has a permissible 20%
maximum lot coverage or 27,704 square feet. From all accounts, the site's impervious
surface area only covers 4,000 square feet (+/-) or 3% of the property. The application
meets the criteria as proposed.
B. All requirements of the Site Review Chapter have been met or will be met.
All of the applicable requirements of the Site Review Chapter have or will be bet prior to
occupancy. NOTE: Section 18.72.030 B.1. appears to exempt Accessory Uses from the
Site Review Chapter. Regardless, the application, as proposed, meets the criteria.
C. The development complies with the Site Design Standards adopted by the City
Council for implementation of this Chapter.
All of the applicable requirements of the Site Design Standards have or will be bet prior
to occupancy. The application meets the criteria as proposed.
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. All
improvements in the street right-of-way shall comply with the Street StandardS in: ....... ;;
Chapter 18.88, Performance Standards Options.
1')
As noted above, the applicant has completed a pre-application and has received feedback
from the various City departments and private utility companies that provide utility
services. At no time was it indicated to the applicants that any of the facilities were at
capacity or could not be provided to the proposed accessory residential unit. In fact, it
should be understood the existing structure has served as a guest house for the past five
years and has all of the necessary utilities to service the new unit.
The applicants met with Margueritte Hickman, Fire Marshall, on-site to discuss various
aspects of the proposal as they relate to Fire Department concerns. Based upon this
meeting, fire sprinklers are to be installed and some minor fuels reduction will be
necessary. No driveway improvements or turn around improvements are necessary. It
was also noted the property has an existing fire hydrant approximately 70' from the
proposed accessory unit.
A new sidewalk will be installed along the neighboring property at 233 Granite Street.
The sidewalk will parallel the curb for approximately 100' satisfying an adequate
pedestrian access as required by the adopted City Street Standards. The application meets
the criteria.
IV. CONCLUSION:
Overall, the applicant believes the proposed accessory unit not only meets the standards
and criteria noted herein, but also still addresses the applicants' desires to have an
independent living space for a tenant, a family member, and possibly a future caregiver.
Attachments:
Site Plan
Site Plan Detail
Neighborhood Context Plan
Accessor's Map
Ground Floor Floorplan
Second Floor Floorplan
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SITE PLAN
SITE DATA:
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OWNERS: _ .......m.m..............m_._ ....... DANIEL & KAREN KAHN
ADDRESS: .m..m..............._ ..m............... 237 GRANITE ST.
ASHLAND, OREGON 97520
MAP NUMBER: .' ........ 39-1 E.{)8DA
TAX lOT NUMBER: m.m.................... 1501
ZONING: .____ .....m.m.......__......._ m...m. RR-.5-P
LOT AREA: _ ......................_ ... .... 138581.35 SQ. FT. (3.18 ACRES)
LOWER FLOOR (GARAGE): . .. 525 SQ. FT.
UPPER FLOOR (LIVING AREA): ......... ... ..... 6BB SQ. FT.
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EXISTING RESIDENCE
237 GRANITE ST.
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NOTE:
SITE IS HEAVilY TREED
NO SITE DISTURBANCES
ARE PROPOSED
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SITE DATA:
OWNERS:
ADDRESS:
MAP NUMBER:
TAX LOT NUMBER:
ZONING:
LOT AREA:
LOWER FLOOR (GARAGE):
UPPER FLOOR (LIVING AREA):
DANIEL & KAREN KAHN
237 GRANITE ST.
ASHLAND, OREGON 97520
39-1 E-08DA
1501
RR -.5-P
138581.35 SQ. FT. (3.18 ACRES)
525 SQ. FT.
............ .... 688 SQ. FT.
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SCALE, 1" = 20 0'
CONTOUR INTERVALS = 2'
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Job Address: Contractor:
Address:
A Owner's Name: KAHN DANIEL A TRUSTEE 0 Phone:
p N State Lic No:
Customer #: 05161
p KAHN DANIEL A TRUSTEE T City Lic No:
l... Applicant: 237 GRANITE ST R
I Address: ASHLAND OR 97520 A
C C Sub-Contractor:
A Phone: T Address:
N Applied: 02/06/2009 0
T Issued: 02/06/2009 R
Expires: 08/05/2009 Phone:
State Lic No:
Maplot: 391 E08DA 1501 City Lic No:
DESCRIPTION: CUP and Site Review to convert the existing guest house into an ARU
VALUATION
Occupancy Type
Construction
Units
Rate Amt
Actual Amt Constuction Description
Total for Valuation:
MECHANICAL
I
I'
I'
I
ELECTRICAL
I
'I
II
I
STRUCTURAL
PERMIT FEE DETAIL
Fee Description
Amount Fee Description
Amount
Type I
917,00
II
CONDITIONS OF APPROVAL
II
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
CITY OF
ASHLAND