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Home My WebLink AboutOak_615 (PA-2009-00445) CITY OF A.SHLAND May 21,2009 Denton & Susan Graham 615 Oak Street Ashland, OR 97520 Notice of Final Decision On May 2 I, 2009, the Staff Advisor for the AsWand Planning Division administratively approved your request for the following: PLANNING ACTIONS: 2009-00445 SUBJECT PROPERTIES: 615 and 603 Oak Street APPLICANT: Denton and Susan Graham DESCRIPTION: A request for a modification to the conditions of a previously approved Conditional Use Permit and an Exception to street standards to allow an existing second driveway curb cut on the parcel located at 615 Oak Street to remain to serve the neighboring lot and to allow the existing, unused driveway curb cut, located at 603 Oak Street to be removed instead. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-I-5; ASSESSOR'S MAP #: 39 IE 04CD; T AX LOT: 700 The Staff Advisor's decision becomes final and is effective on the l31h day after the Notice of Final Decision i~ mailed. Prior to that date, anyone who was mailed this Notice Of Final Decision may request a reconsideration of the action by the Staff Advisor as set forth in the Ashland Land Use Ordinance (ALUO) l8.l08.070(B)(2)(b) and/or file an appeal to the Ashland Planning Commission as provided in the ALUO l8.l08.070(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 the Department of Community Development between the hours of 8;00 am and 4:30 pm, Monday through Friday at (541) 488-5305. cc: Urban Development Services; Property Owners within 200 feet DEPT. OF COMMUNITY DEVELOPMENT 20 E. Main Street Ashland, Oregon 97520 VrWW.ashland.or.us Tel: 541-488-5305 FlU: 541-552-2050 TTY: 800-735-2900 ~4' ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTIONS: 2009-00445 SUBJECT PROPERTIES: 615 and 603 Oak Street APPLICANT: Denton and Susan Graham DESCRIPTION: A request for a modification to the conditions of a previously approved Conditional Use Permit and an Exception to street standards to allow an existing second driveway curb cut on the parcel located at 615 Oak Street to remain to serve the neighboring lot and to allow the existing, unused driveway curb cut, located at 603 Oak Street to be removed instead. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-I-S; ASSESSOR'S MAP #: 39 1 E 04CD; TAX LOT: 700 SUBMITTAL DATE: DEEMED COMPLETE DATE STAFF APPROVAL DATE: FINAL DECISION DATE: APPROVAL EXPIRA TION DATE: April 10, 2009 April 22, 2009 May 21,2009 June 3, 2009 June 3, 2010 DECISION The subject properties are located on the west side of Oak Street near the intersection of Crispin Street and Oak Street. The properties are zoned Single-Family Residential (R-I-S), as are surrounding properties. 615 Oak Street has a previous approval (PA2007-02105) for an accessory residential unit. One of the conditions of that approval was the removal of the existing driveway that accessed an old garage, as there was a new driveway access for the home, accessory unit, and associated garages. The current application requests that this condition be modified to allow use of the existing, second curb cut by the neighboring home at 603 Oak Street. The existing curb cut at 603 Oak Street would be removed as part of this application, so that the total number of curb cuts fo; the two properties would be two. The application also requires an exception to Street Standards, as only one curb cut is permitted per lot. The findings state that there would be no negative transportation impacts, as the number of driveways is remaining the same and that, for the same reason, the Exception to Street Standards meets the intent of the Perfonnance Standards Options chapter, as required by the criteria. Additionally, staff believes that the proposed removal of the driveway directly opposite the intersection of Oak Street and Crispin Street will be an improvement in terms of safety. The criteria for a Conditional Use Permit are described in AMC Chapter 18.104.050, as foUows: 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. 8, 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. P A # 2009-00455 6] 5 & 603 Oak Street! AB Page 1 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 offacilities. 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 Exception to Street Standards are described in AMC Chapter 18.88.050.F, as foUows: 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; 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 2009-00445 is approved with the following conditions. Further, ifany one or more of the following conditions are found to be invalid for any reason whatsoever, then Planning Action 2009-00445 is denied. The following are the conditions and they are attached to the approval: I) That all proposals of the applicant shall be conditions of approval unless otherwise modified here. 2) That all conditions of the Conditional Use Permit approval (PA2007-021 05) shall remain in effect except Condition #4 requiring the removal of the driveway curb cut at 615 Oak Street. 4) That the driveway curb cut at 603 Oak Street shall be removed and the curb and gutter shall be replaced with the permitting and approval of the Public Works Department. " P A # 2009-00455 6] 5 & 603 Oak Street! AB Page 2 Easy Peele Labels Use Avery~ Template 5160~ PA-2009-00445 391 E04CD 104 CARACCIOLO MARILYN ROSE 606 OAK ST ASHLAND OR 97520 PA-2009-00445 391E04CD 800 CITY OF ASHLAND 20 N MAIN ASHLAND OR 97520 PA-2009-00445 391E04CD 805 DEVINE KIERAN B TRUSTEE ET AL 603 OAK 8T ASHLAND OR 97520 PA-2009-00445 391E04CD 210 FRIMKESS STEVEN A TRUSTEE ET AL 2600 TAKELMA WAY ASHLAND OR 97520 PA-2009-00445 391E04CD 700 GRAHAM DENTON S TRUSTEE ET AL PO BOX 956 ASHLAND OR 97520 PA-2009-00445 391E04CD 801 POPELKA VANCE C 575 OAK 8T ASHLAND OR 97520 PA-2009-00445 391E04CD 103 SHORT WILLIAM/ALMA L 388 SKYLINE OROVILLE CA 95966 PA-2009-00445 391 E04CD 213 VOELLER DAVID J 3784 COLEMAN CREEK RD MEDFORD OR 97501 ~tlquettes faclles a peler ... . . . ..,__._____011I , I I I J i Bend along line to : expose Pop-Up Edger'" J ... Feed Paper PA-2009-00445 391 E04CD 211 CAVANAUGH GERALD/RAGAN PATRICIA PO BOX 247 ASHLAND OR 97520 PA-2009-00445 391E04CA 1900 CONKLIN L YN E ET AL PO BOX 246 ASHLAND OR 97520 PA-2009.00445 391E04CD 212 DUNSMOOR GARY TRUSTEE ET AL PO BOX 3272 CHICO CA 95927 PA-2009-00445 391 E04CD 7500 GAFFEY JOHN TIWENDY E 637 OAK ST ASHLAND OR 97520 PA-2009-00445 391 E04CA 1901 PATRICK GEORGE P/ANNA M 1664 FOX FARM RD TRINIDAD CA 95570 PA-2009-00445 391E04CD 7200 RICHARDS ANNE V 154 JESSICA LN ASHLAND OR 97520 PA-2009.00445 391 E04CA 1802 STAMPER THOMAS M 6371/2 OAK 8T ASHLAND OR 97520 PA-2009-00445 Urban Development Services 485 W Nevada St Ashland, OR 97520 A Sens de I Repliez a Ia hachure afIn de I _"'-...Li__I_ .........._....... D....._ JI_T" I ~ AVERY@ 51~ 1 PA-2009-00445 391 E04CA 4500 CITY OF ASHLAND 20 N MAIN ASHLAND OR 97520 PA-2009-00445 391 E04CA 1604 DENNETT MARK T/MARTHA A 1257 SISKIYOU BLVD 136 ASHLAND OR 97520 PA-2009-00445 391E04CD 7300 FALLON EDWARD A ET AL 255 TIMBER LAKE DR ASHLAND OR 97520 PA-2009-00445 391 E04CD 7600 GAFFEY JOHN/GAFFEY WENDY 627 OAK ST ASHLAND OR 97520 PA-2009-00445 391 E04CD 404 PECKHAM BARRY 303 OAK ST ASHLAND OR 97520 PA-2009-00445 391 E04CD 102 SEVER MAUREEN H PO BOX 1031 ASHLAND OR 97520 PA.2009-00445 391 E04CD 7400 THATCHER PATRICE/JAMES R 640 OAK ST ASHLAND OR 97520 23 6150akSt I ! Ii. t-~ ~ ~'tZ oq N......~ www.avery.com 1_l:Inn..r.n_lI \/~ DV ~6.W ..11 Planning Department, 51 WinbL .'Iay, Ashland, Oregon 97520 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 CITY OF ASHLAND NOTICE OF APPLICATION PLANNING ACTION: 2009-00445 SUBJECT PROPERTY: 615 Oak Street OWNER/APPLICANT: Denton and Susan Graham DESCRIPTION: A request for a modification to the conditions of a previously approved Conditional Use Permit and an Exception to street standards to allow an existing second driveway curb cut on the parcel located at 615 Oak Street to remain to serve the neighboring lot and to allow the existing, unused driveway curb cut, located at 603 Oak Street to be removed instead. COMPREHENSIVE PLAN DESIGNA nON: Single Family Residential; ZONING: R-1-5; ASSESSOR'S MAP #: 391E 04CD; TAX LOT: 600 & 700. NOTICE OF COMPLETE APPLICATION: Apri/22,2009 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: May 6, 2009 . C"'""CCC""~"_____"""m."".""_.._._.__._.__.__....._o.._oc"'--c-"1 615 and 603 Oak St,.....t 39 1 E 04CD lots 600 & 700 _~~..!:'Ject _~.~?~..rty ._~___-1='-- r:::,:"'~. L"! The Ashland Planning Division 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 Division, 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 Staffs decision must be made in writing to the Ashland Planning Division within 12 days from the date ofthe 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 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. A copy of the application, all documentS and eviden(;er~li~dupon by the applicant and applicable criteria are available for inspection at 'no cost and will be provided aneasonablecoSt, if requeSted.AlIlTlaterials are available at the Ashland Planning Departm~lit.C6Illmunity Development & Engineering Services Building, 51 Winburn Way, AShland, Oregon 97!i20. .. ...... .... . ..' .' ..... .. .... ... .' If you have questions or comments cMcerningthis request, please feel free to contact the Ashland Planning Divisiont at 541488-5305. ..:OND1TIONAL 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, 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-de"'plonning'Noticcs Mailcd.2009".2009-00445 .doc Easy Peel~ Labels Use AveryrtJ Template 5160@ PA-2009-00445 391E04CD 104 CARACCIOLO MARILYN ROSE 606 OAK ST ASHLAND OR 97520 PA-2009-00445 391E04CD 800 CITY OF ASHLAND 20 N MAIN ASHLAND OR 97520 PA-2009-00445 391 E04CD 805 DEVINE KIERAN B TRUSTEE ET AL 603 OAK ST ASHLAND OR 97520 PA-2009-00445 391 E04CD 210 FRIMKESS STEVEN A TRUSTEE ET AL 2600 TAKELMA WAY ASHLAND OR 97520 PA-2009-00445 391 E04CD 700 GRAHAM DENTON S TRUSTEE ET AL POBOX 956 ASHLAND OR 97520 PA-2009-Q0445 391 E04CD 801 POPELKA VANCE C 575 OAK ST ASHLAND OR 97520 PA-2009-Q0445 391 E04CD 103 SHORT WilLIAM/ALMA L 388 SKYLI N E OROVILLE CA 95966 PA-2009-00445 391 E04CD 213 VOELLER DAVID J 3784 COLEMAN CREEK RD MEDFORD OR 97501 etiquettes fadles a peler . . . ____.../9\ _ _ ..."",,1'9\ , I I I A I Bend along line to : expose Pop-Up Edge TM A .. ~ Paper PA-2009-00445 391 E04CD 211 CAVANAUGH GERALD/RAGAN PATRICIA PO BOX 247 ASHLAND OR 97520 PA-2009-00445 391E04CA 1900 CONKLIN L YN E ET AL PO BOX 246 ASHLAND OR 97520 PA-2009-00445 391 E04CD 212 DUNSMOOR GARY TRUSTEE ET AL PO BOX 3272 CHICO CA 95927 PA-2009-00445 391E04CD 7500 GAFFEY JOHN TiWENDY E 637 OAK ST ASHLAND OR 97520 PA-2009-00445 391 E04CA 1901 PATRICK GEORGE P/ANNA M 1664 FOX FARM RD TRINIDAD CA 95570 PA-2009-00445 391 E04CD 7200 RICHARDS ANNE V 154 JESSICA LN ASHLAND OR 97520 PA-2009-00445 391 E04CA 1802 STAMPER THOMAS M 6371/2 OAK 8T ASHLAND OR 97520 PA-2009-00445 Urban Development Services 485 W Nevada St Ashland, OR 97520 . Sens de I Repllez a la hachure afln de I r r~ t. .._L..._.J n........ II_T" I I \i\ AVERY@ 51608 1 PA-2009-00445 391 E04CA 4500 CITY OF ASHLAND 20 N MAIN ASHLAND OR 97520 PA-2009-00445 391 E04CA 1604 DENNETT MARK T/MARTHA A 1257 SISKIYOU BLVD 136 ASHLAND OR 97520 PA-2009-00445 391E04CD 7300 FALLON EDWARD A ET AL 255 TIMBER LAKE DR ASHLAND OR 97520 PA.2009-00445 391 E04CD 7600 GAFFEY JOHN/GAFFEY WENDY 627 OAK ST ASHLAND OR 97520 PA-2009-00445 391 E04CD 404 PECKHAM BARRY 303 OAK ST ASHLAND OR 97520 PA-2009-00445 391E04CD 102 SEVER MAUREEN H PO BOX 1031 ASHLAND OR 97520 PA-2009-00445 391 E04CD 7400 THATCHER PATRICE/JAMES R 640 OAK ST ASHLAND OR 97520 23 615 Oak St 4-22-09 www.avery.com .. onn ~n A\lCDV --< =oU Iit ~ .c<,.w....... ....._____.. ,._...,......",..~...,. . , __________'_..0__......,.."...... ......yS1/~l~~-i 2101 0\ !E1t~-1~:.nw. w, i-~ i ... "'~n '_ , _ ; _ " ,_._,,, , ' CJ:"w W .,~700 /).'7 270Sl 2709 ^ -'.. ~" '. 4300' ". -,4200 W ; l'...:.:.:..:... 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Apartlrnlnls Iv' Buildings PROJECT DESCRIPTION FOR Denton and Susan Graham 615 Oak Street 391E04CD Taxlots 700 Ashland, Oregon A PROPOSAL FOR A MODIFICATION OF A CONDITIONAL USE PERMIT (PA-2007-02105) AND A DRIVEWAY CURB-CUT VARIANCE TO RETAIN THE EXISTING CURB-CUT BETWEEN 603 AND 615 OAK STREET SUBMITTED TO CITY OF ASHLAND PLANNING DEPARTMENT ASHLAND, OREGON SUBMITTED BY URBAN DEVELOPMENT SERVICES, LLC. 485 W. NEVADA STREET ASHLAND, OR 97520 r: ':~ 'C': r~, I \ ;::-'..~ c? APR 1 0 2009 COrTi;i::;~:~; L~:~ ~7;;m(,r't I. PROJECT INFORMATION: PLANNING ACTION: A request for a Modification of Planning Action 2007-02105 to remove Condition #4 requiring the existing curb-cut located between 603 and 615 Oak Street to be removed and replaced with curbing. The applicants also desire an Exception to the Street Standards in order to retain the subject driveway as the adopted Standards only allow one driveway curb-cut per tax lot. LEGAL DESCRIPTION: 391E04CD Taxlots 600 & 700 APPLICANTS/OWNERS: Denton and Susan Graham 6 I 5 Oak Street Ashland, OR 97520 LAND USE PLANNING: Urban Development Services, LLC 485 W. Nevada Street Ashland, OR 97520 Tel: 541-482-3334 DRAFTING & DESIGN Computerized Architecture Drafting 170 Ashland Loop Road Ashland, OR 97520 COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential ZONING DESIGNATION: R - I -5, Single Family Residential LOT AREA: Total Area: Tax Lot #700 .3 I acres MINIMUM LOT AREA: 5,000 square feet APPLICABLE ORDINANCES: Single Family Residential Conditional Use Pennits Exception to Street Standards Ashland Street Standards 18.20 18.104 18,88 Section VI ADJACENT ZONING/USE: WEST: R-1-5; Single Family Residential EAST: R-1-5; Single Family Residential SOUTH: R-I-5; Single Family Residential NORTH: R-I-5; Single Family Residential 2 AP1LJ 1 0 ?nnJQ 1 c .......Ui..... . I' ~ COI'nn-~Vl'~)' ~,..;L\-:.;;:..:>~nGr:t II. FINDINGS OF FACT: The following h?(ormation has been provided in an outline format to not only assist the Planning Staff, Planning Commission and neighbors understand the proposal, but to also insure the proposed project addresses the Conditional Use Permit and Exception to Street Standards criteria as outlined in the Ashland Municipal Code, Sections 18.104 and 18.88.050. Site: The subject property is located at 615 Oak Street and is .3 acres in size and is rectangular shaped. The front two thirds of the property is relatively flat and the rear one third portion of the lots slope downward to the west at approximately 15%. The propelty is zoned R-1-5, Single Family Residential with a 5,000 square foot minimum lot size and is more than twice the zone's minimum lot size. The property has a single story residence and accessory dwelling unit that was constmcted in 2007. A Conditional Use Permit for the accessory dwelling unit, located directly along the Oak Street frontage, was approved in 2007 by the Ashland Planning Commission (2007-02105). The subject driveway lays north of the driveway installed in 2007 - between 603 and 615 Oak Street. The driveway and a small recently removed garage were once part of the adjacent property to the south (603 Oak Street), but were later allocated to 615 Oak Street via a Lot Line Adjustment. Project Site (Tax Lots #600 and #700); Neighborhood Map (Jackson County) 1901 1801 1602 1604 1706 1705 JESS let, 1707 17061709 103 102 101 104 215 CRISPIN 214 210 1800 * 700 Ashland 600 800 805 Proposal: Overall, the application is relatively straight-fOlward, but a little confusing unless one looks at the attached site plan. In short, cun'ently there are three driveway curb-cuts, but once the application is approved there will be two driveway curb-cuts - both on one tax lot, but one will serve 603 Oak Street and one will serve 615 Oak~tr~t. lJ ,."_ _. '~ .'.".';; .> APii ! 0 3 . . CO"i""''':",; ,"C,,, :.~.t Driveway #1 (north side of 615 Oak Street). Driveway to remain. Driveway #2 (south side of 615 Oak Street), Driveway to remain. Driveway will serve 603 Oak Street via private access easement. Driveway #3 (in front of 603 Oak Street). Driveway to be removed and replaced with standard curb, gutter and sidewalk. In order to obtain this goal and meet the City's Street Standards, the applicants seek approval of two entitlements with this application. The first is a Modification of ~lan!lil1gi.' Action 2007-02105 (Conditional Use Pennit for the Accessory Dwelling Unit) to remove 4 ! n E \..' Condition #4 which required the subject driveway (driveway between 603 and 615 Oak Street) to be removed and replaced with curb and gutter. The second entitlement is for an Exception to the City's Street Standards in order to retain the driveway curb-cut and to have more than one driveway curb~cut per tax lot. Both the applicants and property owners of 603 Oak Street desire to retain the existing driveway between their properties. The two parties have entered into a tentative agreement allowing the property owners of 603 Oak Street to utilize the subject driveway, via an access easement and eliminate the existing "unused" driveway curb-cut located on the south side of 603 Oak Street. Modification: As pati of the Planning Action for 615 Oak Street (P A-2007~021 05 - a Conditional Use Pennit for an Accessory Dwelling Unit), a condition of approval was added requiring the driveway and curb-cut to removed and replaced with a standard sidewalk, curb and gutter. Condition #4 reads as follows: 4) That the driveway curb-cut for the existing non~conforming garage shall be removed and the curb and gutter replaced YI'ith the permitting and approval of the Public Works Department. The condition to remove secondary driveways is common with Planning Actions as only one driveway curb-cut is permitted per tax lot per City Street Standards. In this case, the applicants installed a new driveway to the n01ih of the propeliy during their home's recent construction leaving the subject driveway pending fmiher discussions with the propelty owner's of 603 Oak Street who desired to eventually utilize the driveway's curb-cut and install a standard d11veway serving their home. If approved, each home would meet the City's requirements of one driveway per single-family residence, but two would be on one tax lot. Exception to Street Standards: As noted, only one driveway curb~cut is permissible per single family tax lot per the City's adopted Street Standards (Driveway Apron and Curb Standards, #4, Pages 42 and 43). The applicants contend the intent of the code is being followed as the "average" of one d11veway curb-cut will exist. The existing driveway curb-cut on the south side of 603 Oak Street will be removed and replaced with standard curbing. This driveway is not used and was installed during Oak Street's right-of-way improvements. The propeliy owners of 603 Oak Street believe the subject driveway between 603 and 615 Oak Street is a preferred access location due to the physical nature of the property and the home's historic and architectural integrity. The criteria for a street exception can be found in Chapter 18.88.050 of the Municipal Code and are below followed by the applicant's response: A. There is demonstrable d(fficulty in meeting the spec(jic requirements of this chapter due to a unique or unusual aspect of the site or proposed use of the site. The site is unique as the home at 603 Oak Street was constructed in 1897 and is one of the oldest homes in Ashland. The subject driveway and recently removedrgafige. (currently sitting in the driveway of 615 Oak Street) was originally in the ownership of 5 1 F\ ). [, v ti;' " .~.'. r"~~.:r.:-:_!_;'n"':f . 603 Oak Street, but through a Lot Line Adjustment was deeded to 615 Oak Street. Considering the driveway curb-cut is in existence, was originally part of 603 Oak Street and the home and it's setting has been in existence for over 111 years, the applicants contend the site is unique and there is a demonstrable difficulty meeting the standard. B. The variance will result in equal or superior transportation facilities and connectivi~y; The variance will result in an equal transportation facility as the proposal is an equal trade with one driveway curb-cut being removed and one being retained. C. The variance is the minimum necessary to alleviate the d(fficulty; and The variance requested is the minimum necessary to alleviate the difficulty. D. The variance is consistent with the stated Purpose and Intent of the PeJformance Standards Options Chapter. The Purpose and Intent of the Performance Standards Options Chapter (Chapter 18.88) reads as follows: The purpose and intent of this Chapter is to allmv 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 hfe equal to or greater than that provided in developments built under the standard zoning codes, be aesthetically pleasing, providefor more efficient land use, and reduce the impact of development on the natural environment and neighborhood. The applicants contend the proposal is consistent with not just the City's Street Standards requirement of one driveway curb-cut per tax lot as one driveway curb-cut per house will remain, but that it is also consistent with the Purpose and Intent of the Performance Standards Options Chapter as described above as the goal is to retain the driveway curb- cut that was historically in the ownership of 603 Oak Street. The request clearly reduces the impact on the natural environment and neighborhood as the curb-cut and a portion of the dliveway already exists. Fmihermore, the addition of a new driveway, either in the location of the unused driveway curb-cut or anywhere else along the property's frontage would be a disruption to not only the site's landscaping, but also the home's historical setting. Conclusion Overall, the applicants believe the request is relatively straight-forward as one driveway curb-cut per household instead of one per tax lot will be provided which retains the integrity of the standard intact and does not impact the adjacent neighbors or the pedestrian or automobile traffic in any way. Attachments: Site Plan (1 page) Neighborhood Map (1 page) Easement Agreement (3 pages) ! :L) 6 i f ;J J.7fr1 .42.QO r;J 44{Hl ~j 4iHH) '-,I J1J.!W pmr-L_ A-J :ti'(}S 270-:;) -40041 g{)(} ,--r--"-t ,I I Ul{l2~p1 l ~ ~~,-jY r")~ / l k03 " ~. l ---; --- ~l ,I'., fIi[t4 ......,. I' l ......~ .,f... /" '-..,. 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Ci ~:i r--'l 21;[J.~ r~HH}\ ~~P:W' ~''''''''l~ ',2.<1~{) $1Jil't I }I l~iJfH 0' .~. r-'"'~l r:::--,l 2.12f 12.13_, L, 2.11 ~ L...J '---__F f4tfT[ ~Q{J I r '~L ~! ~~1} I.r...... LunJ411 @14~ @1 . CfMIi:'C I.,.T;t!i Md~Ma"et P.,1,TT[H-S(j~~ I415l f JI[ LIljA- 31lL ~';~p. . , ".Ji1.l: ~J-tJ{I\"~'" ~iJ'~"C JACKSON COUNTY lNFORMA nON TECHNOLOGY Map Maker Application Front Counter l<>gend T.ax Lot OuWnn.s T8X Lol Numbers .'.,/ 8~l~jdl!l9:~ (-: r (o'/i\ .' ~, -<:'::: .... ~ ~~ ( ~:.- , .,; f":' ~,~. c:> ':j" oj ;~? ...,. f~3 c:.:) (..C) JACKSON COUNTY Orrgon :".lt~V!f;h 1'1&<11:liZ'[HHJ TI1is map ~s bas-ed on i3' dlQ,tal calab,aSil compilee by J~cr.:so~ CO\;:'lI~ From i3' variety of SD~rCE!&~ Jack!ion Ca~:1ly cannot acc-epl fes;Y.l~srbiiy (or erro~s, om'ss~~s. o.~ liOs~io."'1~~ <'IccurCl~Y Tru::>re <3te- no VI;;;marJo~ies. ~)o:piesE.ed 0: impi;.;':: Map cloated O;J: ':'/10,:2009 1 D:.t;7:1.0 AM '..:s~~gw~b.tac~.:S-Cl~CCl~illy,(lrg Recording Requested By: Denny and Sue Graham POBox 956 Ashland OR 97520 When Recorded Mail To: Denny and Sue Graham POBox 956 Ashland, OR 97520 (This Space for Recorder's Use) EASEMENT Denton S, Graham and Susan O. Graham, Trustees of the Graham Family Trust of July 17,2003, and owners of that certain real property described on Exhibit "A" attached, do hereby grant a perpetual and exclusive easement for ingress and egress, as well as the parking of vehicles, on the southerly 15 feet of said parcel for a distance of 100 feet from Oak Street. This easement is granted to Kieran B. Devine and Zurid Devine, Trustees of the Devine Revocable Trust of August 25, 2005, who are owners of the adjoining parcel descri bed as: Parcel No. One (1) of Minor Partition Plat recorded July 20, 1990, as Partition Plat No. P~60~ 1990 of "Record of Partition Plats" in Jackson County, Oregon, and filed as Survey No. 12117 in the Office of the County Surveyor. This Easement shall be deemed appurtenant to the Devines' said parcel. An oak tree currently stands near said easement and it is the desire of the parties that said oak tree should be protected so long as it is living. The o\.Vners of the subject parcels shall do nothing to endanger the health of said tree. Specifically, without limiting the foregoing, there shall be no structures constructed or installed in said tree or lights placed in or around same, It is further understood that aU costs incurred in installing and maintaining a driveway on the subject easement shall be borne by the owners of the dominant parcel. The consideration for the granting of this easement is the abandorunent, by the Devines, of any entitlement they may have to conveyance to them of the southerly 15 feet of Grantors' said parcel pursuant to a certain Lot Line Adjustment Agreement entered into by the Oevines and Grantors' predecessor dated June 28,2007. This easement is meant as a substitute for said Lot Line Adjustment. DA TED this _ day of April, 2009. Denton S. Graham, Trustee Susan O. Graham, Trustee Zurie! Devine, Trustee Kieran B. Devine, Trustee (\ :-1 State of Oregon ) County of Jackson ) On before me, the undersigned Notary Public, personally appeared Denton S. Graham and Susan O. Graham, Trustees, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name is/are subscribed to this instrument, and acknowledged that he/she/they executed the same in his&er/their authorized capacity(ies), and that by his&er/their slgnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I declare under penalty of perjury that the person(s) whose name(s) is/are subscribed to this instrument appear{s) to be of sound mind and under no duress, fraud, or undue influence. WITNESS my hand and official seal Notary Public in and for this state State of Oregon ) County of Jackson ) On before me, the undersigned Notary Public, personally appeared Kieran B, Devine and Zuriel Devine, Trustees, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name is/are subscribed to this instrument, and acknowledged that he/she/they e;o.;ecuted the same in his&er/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I declare under penalty of perjury that the person(s) whose name(s) is/are subscribed to this instrument appear(s) to be of sound mind and under no duress, fraud, or undue influence. WITNESS my hand and official seal Notary Public in and for this state u <.>> I .~j:' 'i ,~. '. , ;:<,.,;;l('t:t Pr.!1liminary Report 'Order No.: 7162-1372146 Page 5 of 5 Exhibit" A " Real property in the Coun of Jackson, State of Oregon, described as follows: BEGINNING AT A POINT 0 THE LINE BETWEEN DONATION LAND CLAIM NOS. 40 AND 41 IN TOWNSHIP 39 SOUTH, RA GE 1 EAST OF THE WILLA.METTt MERIDIAN IN THE CITY OF ASHLAND, JACKSON COUNTY, OREG Nt FROM WHiCH POINT THE SOUTHWEST CORNER OF SAID ClAIM NO 41 BEARS SOUTH 0006' EAST 602.0 FEET; THENCE SOUTH 77048' EAST 160,10 FEET TO THE WESTERLY LINE OF OAK STREET IN liHE CITY OF ASHLAND, OREGON; THENCE NORTH 14052' EAST, ALONG SAID STREET UNE, A DISTANCe OF 80.0 FEETi THENCE NORTH 77048' WEST 165.0 FEET, MORE OR LESS, TO THE WEST LINE 'OF SA' D CLAIM NO. 41; THENCE SOUTH 0006' EAST, ALONG SAID CLAIM UNE, A DISTANCE OF 80.0 FEET, ORE OR LESS, TO THE POINT OF BEGINNING. Tax Parcel Number: 1-00S 46-6 NOTE: This legal destrlpti n was created prior to January 1, 2008. ,\ 'j f'. .:.\ i U First AmenCiJrJ Title v.::,:':, " i;l c, @) ::;; ~ . F: Ii "' ~ "I (,? 8 ~ ri~~~~ b ~ ~ s ,- z .... ~ ~ Z \;> ~ ~~8 ~(j~~~ :5 ~ w W " ::: 8~~ oil '" IF! ~ 'I ~ --l (L :.. -I 0 :;l;;cf I-:tW.iZ .:.S ..... ~~~ 1/l.....::;":5 :); U$ i= LU III r f.: a~ 0 ~'" S f- ..J " I- "'0 :t '" Ui <l: 0 w () ~ ~ a " u .~ ~" ~ W ..J Z '" -, J: '" 0 ~ oc (j ll. , 0 "0 ~ ............,... ol ~!i''1}...lIl .I. ~,~..:.,'~~ 1\ ~I~il~: I ~:;,tli ~ Wg~~ ' -e ~ '~" """ ,..~. (.;J '~j,.J , ". ~, C:,' .t.<:" ~; " ~r-.... k:' " f\....-:: Ii f8 ~ ~ .', ~ ~:~Io- .. i ~iii: i ! il~~i ~ )~ $ eo~ ~ " ,..--- , '-..., I ~ .......~. :., . .............. ......- ~ I ..........-..." ~ '--.---... ,'---. . '1"--"--....."_.,._.___.--. ,I. E ~ i -T---'-,-,,-- ~ ~ . :. ~..~ , ~~ ~~o ~g ~ J ~ --- '. ''': ., c ~ ~" . - ~- I I t. , I . I . - ...-. ~ I '," '. -_.~'<~ ' , ':'_~'i 'II ,-,:,,,,,,,,~,~,\ i f .1 .. i ~ ., J ..' ,I f ,'.! (>'~. ~~~~ '/.' ,~~ .-T",--' '.' ....".'~ t, ( \, ,,; /J. ,,' .j (-, , ;'. ,J ~ " (,' Job Address: 615 OAK ST ASHLAND OR 97520 Contractor: Address: Phone: c. 9 N T 8. 6 c T P Ft Phone: State Lie No: City Lie No: A P P L. ". . C A N r Owner's Name: GRAHAM DENTON S/SUSAN Customer #: 05223 GRAHAM DENTON S/SUSAN Applicant: 2817 EAST MAIN ST Address: ASHLAND OR 97520 Sub-Contractor: Address: Applied: 04/10/2009 Issued: 04/10/2009 Expires: 10/07/2009 Maplot: 391 E04CD700 Phone: State Lie No: City Lie No: DESCRIPTION: Modification of a Conditional Use Permit & Driveway Curb-cut Variance I . ........... .._c._.........._..<_.... .......VAI.UATION .... .....>............................<1 Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description Total for Valuation: >ELECTRICAC/..... ................................11 c" c . _' _ '.. __ ._' ~ ", __ L. ." ::" I ....>.>.>/11 ... '>>11 . .../'..1 II I [1./ II I ........ ..' .....MECf'fANIC,A;I../ ..' .... STRUCTURAL' . Fee Description Type I . ....PERM1TFEEDETAIL. Amount Fee Description Amount 917,00 II> . . ..... ..CONDlTIONSOFAPPROYALi.' <<II ................./.::. COMMUNITY DEVELOPMENT 20 East Main St. Ashland, OR 97520 www.ashland.or.u$ Tel: 541-488-5305 Fax: 541-488~5311 TTY: 800-735-2900 Inspection Request Line: 541-552-2080 CITY OF ASHLAND ~~, ZONING PERMIT APPLICATION PlalUling Department 51 Winburn Way, Ashland OR 97520 CITY OF ASH LAND 541-488-5305 Fax 541-488-6006 FILE # (,??,[)() 7 - (7 ()'l 7/:5- DESCRIPTION OF PROJECT Street Address DESCRIPTION OF PROPERTY bl5: 04~ O+c.) -='::'7- Assessor's Map No. 39 1 E Tax Lot(s) &00 <: 700 (" Zoning 1"2- J-- s Comp Plan Designation :; iJvc, I~ / F;;/"",/f ~;;.:-; i~ISIJ':/rL APPLICANT Name 'DC,A/'HI/-l -:t, <; v ',t<J C W)\kM/\ Phone g 2 /.- /0 /1 E-Mail ~~(J>'t2Vl.; cJ{). IV[ 'f t; (( () /! Jt_ :;j City Zip Address PROPERTY OWNER Name )~M( \. Ib &10 v~ Phone E-Mail Address Zip SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER Tille Name 5;:; ~ J/'7!,o{ ?J'1.-n E.Mail Address Zip Title Name E-Mail Address 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 iocation 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 fumished by me are adequate: and further that all structures or improvements are properly located on the ground, Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to atom xpellSe/lfI have any doubts. I am advised to seek competent professional advice and assistance. \ . f" ) ~.- '\ A ~-- \ r '"'_ ._ C~, c.:). '- ,. -"~-"" " '---" - ./ .,J Applicant's Signature Date As owner of the PfPMrly-invo/ved in this request, I have read and understood the complete application and its consequences to me as a properly ::lS'u/: \ '- - . ~~.,.,,......)( ),_-)~"'~~.~'i'~-.-i_.._. /\ a.- ~ . __ \ ~~-_:> ',,\"-. _ /_ n..... "--\; .. \ .0".../ Property Owner's Signature (required) Date ~o~~~byC~S~ /:1.. //7 .. (79' Date Received I ' '.. Zoning Permit Type '7:i /) {~ ~t. II L/ Filing Fee $ llc'" (' 7'#/ il '7 t' / OVER ~ (; '/'I~""flm_.-I,..~-'},bl'1r'1ir1"U~n~f1'~ fl.. H,.ndl,~"<'.l.....n;n,, ~'{'of"mll .\........!i...."IIf'lJ1 1:".-.,.. Auf"