HomeMy WebLinkAboutClay_708 (PA-2009-01172)
CITY OF
ASHLAND
October 26, 2009
Nadine & David Lefkowitz
708 Clay Street
Ashland, OR 97520
Notice of Final Decision
On October 26, 2009, the Staff Advisor for the Ashland Planning Division administratively approved your
request for the following:
PLANNING ACTION: 2009-01172
SUBJECT PROPERTIES: 708 Clay Street
APPLICANT: Nadine and David Lefkowitz
DESCRIPTION: A request for a Conditional Use Permit and Site Review approval to convert a
portion of an existing garage into an Accessory Residential Unit for the property located at 708 Clay
Street. COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-I-5;
ASSESSOR'S MAP #: 39 1 E t 4BB; TAX LOTS: 2600, 2604 & 1232
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 Of Final 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 ALua
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 the Department of Community
Development between the hours of 8:00 am and 4:30 pm, Monday through Friday at (541) 488-5305.
cc: Property Owners within 200'
DEPT. OF COMMUNITY DEVELOPMENT
20 E. Main Street
Ashland, Oregon 97520
WWN.ashland.or.us
Tel: 541-488-5305
Fax: 541-552-2050
nY: 800-735-2900
e'~'
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: 2009-01172
SUBJECT PROPERTIES: 708 Clay Street
APPLICANT: Nadine and David Lefkowitz
DESCRIPTION: A request fOf a Conditional Use Permit and Site Review approval to convert a portion
of an existing garage into an Accessory Residential Unit for the property located at 708 Clay Street.
COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-I-5;
ASSESSOR'S MAP #: 39 IE 14BB; TAX LOTS: 2600, 2604 & 1232
SUBMITTAL DATE:
DEEMED COMPLETE DATE:
STAFF APPROVAL DATE:
FINAL DECISION DATE:
APPROVAL EXPIRATION DATE:
September 4, 2009
September 23,2009
October 26, 2009
November 10, 2009
November 10, 2010
DECISION
The subject property is located on the east side of middle section Clay Street. The parcel is zoned Single
Family Residential (R-1-5). All of the adjacent parcels are zoned R-1-5. The property is a flag lot, is
approximately 12,850 square feet in size, and is 8,000 square feet larger than the minimum lot size
required in the zoning district. The lot is accessed via a 20-foot wide paved, shared driveway.
There is an existing 2,280 square foot two-story residence with an attached 992 square foot unfinished
garage space, When the lot was created in 2005 the lot orientation for the residence was that the front lot
line was north, rear to the south and the east and west lot lines are the sides. The application involves a
request to convert 250 square feet of the existing living and a small portion garage space to a studio,
Accessory Residential Unit. No structural addition to the exterior is proposed; a door and window may
be added.
Parking for the primary residence will be within the two-car garage. To the left of the garage doors on
the driveway is the third parking space required for the flag-lot. The fourth parking space, for the
Accessory Residential Unit, will be located along the side of the residence.
As proposed the Accessory Residential Unit complied with the required setbacks for the zone, Accessory
Residential Units are limited in size to a maximum of half of the gross habitable floor area of the
primary residence. The proposed Accessory Residential Unit contains 250 of living space, with the
primary residence at over 2,000 square feet; the proposal complies with size requirements of the code.
The landscaping throughout the site is mature and maintained and no modifications have been proposed.
According to the applicant's submittal, adequate public facilities are available on site to serve both the
existing and proposed unit. When the parcel was created, electrical services were undergrounded to the
site. Additionally, water, sewer and storm water services are available on site.
P A #2009~O 1172
708 Clay Streetladg
Page I
The proposed unit is 250 square feet in size and will comply with setbacks, lot coverage's and adequate
parking is provided on site. Staff believes that the modest size ofthe unit and its placement within the
existing structure is appropriate and architecturally compatible with the bulk, scale, coverage and
development patterns fOlU1d in the vicinity.
The subject property and Accessory Residential Unit are approximately ~ of a mile to the nearest bus
stop, grocery store, shops.
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.
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.
e. 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, thefollowingfactors 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 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.
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.
P A #2009.01172
708 Clay Streetladg
Page 2
The criteria for an Accessory Residential Unit are described in AMC Chapter 18.20.030.H, as
follows:
H 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. fl. GHF A.
4. Additional parking shall be in conformance with the offstreet Parking provisions for single-
family dwellings of this Title.
Therefore, staff finds that the application with the attached conditions complies with all applicable City
ordinances.
Planning Action 2009-01172 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-
01172 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 building pennit submittals shall include:
a) The requirements of the Fire Department for approved addressing and installation of smoke
alarms complying with current O.R.S. requirements shall be addressed. Because the furthest
point on the structures is greater than 150' from the street fronting the property, an alternative to
fire apparatus access is required. Oregon Fire Code 503.1.1 allows a modification to this access
requirement when fire sprinklers are installed.
3) That prior to the issuance of a building permit:
a) That all necessary building permit fees, including those for the new electrical service (meter) for
the accessory residential unit, utility fees and Systems Development Charges (SCD) for sewer,
parks and transportation shall be paid prior to the issuance of the building permits.
b) That the applicants shall sign in favor of a Local Improvement District (LID) for the future full
improvements of Clay Street.
4) That prior to the issuance of a certificate of occupancy:
a) That a separate, underground electrical service and meter for the accessory residential unit shall
be installed in accordance with Ashland Electric Division requirements.
b) A separate address for the accessory residential unit shall be applied for and approved by the City
of Ashland Engineering Division. Addressing shall be visible from the public right-of-way.
P A #2009-0 ii72
708 Clay StreetJadg
Page 3
PA #2009-01172
708 Clay Streetladg
Page 4
r~'
Planning Department, 51 Winb,. Way, Ashland, Oregon 97520
54H88-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1.800-735.2900
CITY OF
ASHLAND
NOTICE OF APPLICATION
PLANNING ACTION: 2009-01172
SUBJECT PROPERTIES: 708 Clay Street
APPLICANT: Nadine and David Lefkowitz
DESCRIPTION: A request for a Conditional Use Permit and Site Review approval to convert a portion of an
existing garage into an Accessory Residential Unit for the property located at 708 Clay Street.
COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-5; ASSESSOR'S MAP #:
391E 148B; TAX LOTS: 2600, 2604 & 1232
NOTICE OF COMPLETE APPLICATION: September 23,2009
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: October 7, 2009
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.Q4D)
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 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 Division, Community
Development & EnQineerinQ Services BuildinQ, 51 Winburn Way. Ashland, Oreaon 97520.
G"comm-dcl""pl.nning\Not;ccs Mailed\2009\1009-Q II n.dec
CONDITIONAL USE PERMITS
18.104.050 Approval Criteria
A condilfonal 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.
S. 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 mel.
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; OAD 2836, 1999)
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JACKSON COUNTY
INFORMATION TECHNOlOGY
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Tax Lot Numbers
Application for CUP and Sitc Review Approval
for an Accessory Rcsidcntial Unit at 708 Clay ST
Applicants: Nadine and David Lefkowitz (Owners)
708 Clay ST
Ashland, OR 97520
541-482-087]
Narrative: We request pennission to change approximately 250 sq. ft. of the interior of our
2,000+ sq. ft. primary residence into an accessory residential unit. This request
meets all of the CUP criteria. No exterior landscaping, or other alterations are
required, except possibly a door or window may be relocated.
Electrical: There exists electrical (and plumbing) service in the living space we
propose to convert to an accessory residential unit. We will install a separate
electrical service to the proposed unit if required.
Exterior Lighting: There exists exterior lighting, and any changes to it will not
illuminate onto neighboring properties.
Findings Addressing Chap. 18.104.054:
The use will be in conformance with all standards within the zoning district, and
in conformance with relevant Comprehensive plan policies that are not implemented by any City,
State, or Federal law or program.
Adequate capacity of City facilities for water, sewer, paved access, electricity,
storm drainage and transportation can and will be provided.
The conditional use will have no greater adverse material effect on the livability
of the impact area when compared to the development of this accessory residential tmit (ARU).
The ARU is wholly contained inside the existing home and thus is identical in scale, bulk and
coverage. The unit is in an already densely populated area within the city. Owners are avid
bicyclists and pedestrians and would similarly encourage bicycling and walking by the tenant for
transportation. Architectme is compatible because it will not be changed. The proposed unit is
for continued living, so no material change in dust, pollutants, noise or glare is proposed.
Finding Addressing Chap. 18.20 for ARU:
The proposal conforms to overall maximum lot coverage and setback
requirements. The maximum number of dwelling units does not exceed two per lot. The GHF A
of the ARU does not exceed 50% of the GHFA of the primary residence and is less than 1000 sq.
ft. No additional parking pavement is required.
Findings Addressing Chap. 18. 72 for Site Review Approval:
All applicable City ordinances have or will be met. AU requirement of the Site
Review Chapter have or will be met. The development complies with the City's Site Design
Standards. Adequate capacity of City facilities for water, sewer, paved access, electricity, stOlID
drainage and transportation can and will be provided.
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ZONING PERMIT APPLlCA liON
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Planning Department
51 Winburn Way, Ashland OR 97520
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ASHLAND 541-488-5305 Fax 541-488-6006
DESCRIPTION OF PROJECT
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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 CO/Tect. 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 fulther understand that if this request is subsequently contested. the burden Will be on me to
establish
7) tflat I produced sufficient factual evidence at the hearing to support this request;
2) that the findings of fact furnished justifies the granting of the request;
3) that the findings of fact furnished by me are adequate; and fulther
4) that all structures or improvements are properly located on the ground
f aifure in this regard witt 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
be removed a~ my :~pe~e. If I have any doubts, I am advised to seek competent professional advicernd assistance.
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Applicant's Signature Date'
As owner of the propeftJ..involved in this request, I ha ve read and understood the complete application and its consequences to me as a property
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Property Owner's Si$nature (required) Date :
[To be completed by Gill SI.fI]
Zoning Permit Type Cut -~4R{{
Filing Fee $
Date Received m. oc;, 0 q
Planning Action Type
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Owner's Name: DAVID/NADINE LEFKOWITZ Phone:
Customer #: 05416 State Lic No:
DAVID/NADINE LEFKOWITZ City Lic No:
Applicant: 708 CLAY 8T
Address: ASHLAND OR 97520
Sub-Contractor:
Phone: (541) 482-0871 Address:
Applied: 09/04/2009
Issued: 09/04/2009
Expires: 03/03/2010 Phone:
State Lie No:
Maplot: 391E14BB2600 City Lie No:
DESCRIPTION: CUP for an ARU
Occupancy Type
Construction
Units
Rate Amt
Actual Amt Constuction Description
Total for Valuation:
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Fee Description
Amount Fee Description
Amount
Type I
917.00
11':
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COMMUNITY DEVELOPMENT
20 East Main St
Ashland, OR 97520
\MVW.ashland.OLUS
Tel: 541-488-5305
Fax: 541.488.5311
TTY: 800-735-2900
Inspection Request Line: 541-552-2080
CITY OF
ASHLAND