HomeMy WebLinkAboutSiskiyou_1380 (PA-2009-01511)
CITY OF
ASHLAND
January 21,2010
Omar's Fresh Fish & Steaks
Bruce Dwight
1380 Siskiyou Blvd.
Ashland, OR 97520
Notice of Final Decision
On January 21,2010, the Staff Advisor for the Ashland Planning Division administratively approved your
request for the following:
PLANNING ACTION: 2009-01511
SUBJECT PROPERTY: 1380 Siskiyou
OWNER/APPLICANT: Omar's Fresh Fish and Steaks
DESCRIPTION: A request for a Site Review approval to construct an approximately 210 square foot
covered smoking area at the rear of the existing Omar's Fresh Fish & Steaks restaurant located at
1380 Siskiyou Boulevard. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1;
ASSESSOR'S MAP #: 39 1E 15 BA; TAX LOT: 3200.
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 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 the Department of Community
Development between the hours of 8:00 am and 4:30 pm, Monday through Friday at (541) 488-5305.
cc: Mercer/Yandorf 1380 Siskiyou Blvd Ashland, OR 97520
Laurence Blake SOU 1250 Siskiyou Blvd Ashland, OR 97520
Property Owners within 200 feet
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
r;.,
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTIONS: 2009-01511
SUBJECT PROPERTY: 1380 Siskiyou Boulevard
APPLICANT: Omar's Fresh Fish & Steaks
DESCRIPTION: A request for a Site Review approval to construct a roof-covering over an existing
approximately 210 square foot fenced smoking area at the rear ofthe existing Omar's Fresh Fish & Steaks
restaurant located at 1380 Siskiyou Boulevard.
COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-l; ASSESSOR'S
MAP #: 39 IE 15 BA; TAX LOT: 3200
SUBMITTAL DATE:
DEEMED COMPLETE DATE:
STAFF APPROVAL DATE:
FINAL DECISION DATE:
APPROVAL EXPIRATION DATE:
November 24, 2009
December 23,2009
January 21,2010
February 3, 2010
February 3,2011
DECISION
The proposal is a request for Site Review approval to construct a partial roof covering over an approximately
210 square foot fenced smoking area at the rear of the existing Omar's Fresh Fish & Steaks restaurant
located at 1380 Siskiyou Boulevard. The existing smoking area was enclosed with a fence permit in
November of2008. Changes to Oregon smoking laws went into effect in 2009 requiring that smoking areas
be at least ten feet from any entrance. Installation of the roof cover over the smoking area initially began
without building permits or land use approval, but upon notice by the city that permits were required the
work was stopped pending receipt of the necessary approvals. (See Staff Exhibit S-1 for a photo of the
existing fenced smoking area and the partially completed roof installation.)
The subject property is located on the south side of Siskiyou Boulevard just east of its intersection with
Ashland Street (aka Highway 66). The trapezoidally-shaped parcel is between Indiana Street and Frances
Lane, with a 150-foot frontage on Siskiyou, a depth of79 feet and a lot area of approximately 9,764 square
feet. The property is surrounded on three sides by Southern Oregon University property and by Siskiyou
Boulevard on the fourth. The property is zoned Commercial Retail (C-l), is located within the Detail Site
Review Zone, and is surrounded to the south, east and west by Southern Oregon University (SO) zoning
district. Properties across Siskiyou to the northeast are zoned Commercial Retail as well.
Siskiyou Boulevard, an arterial and state highway, is fully-improved in this vicinity with planted medians,
paving, bike lanes, curbs, gutters, residential-style parkrow planting strip and sidewalks already in place.
The existing building, Omar's Fresh Fish & Steaks, is approximately 2,915 square feet according to Jackson
County records and has been in continuous operation in this location since it was built in 1946. The building
is a concrete block structure with a composition roof. The building is generally surrounded by paving to
accommodate parking and site circulation, although limited landscaping is in place in narrow planters
adjacent to the building.
PA #2009-01511
1380 Siskiyou Bv./dds
Page 1
Development of the property is subject to Basic Site Review as well as the Detail Site Review Zone
standards. In this instance, the proposal involves the installation of a partial roof-covering over an existing,
already-screened outdoor smoking area at the rear of the building, with minimal visual impact from the
adjacent right-of-way and as such, the scope of review is relatively limited.
The existing building pre-dates existing zoning regulations, and the subject property and building are non-
conforming in terms ofthe Site Design & Use Standards requirements in a number of ways, most notably the
placement of parking between the building and the street and a limited amount of landscaping materials.
The Site Design & Use Standards provide a means to address site non-conformities with building expansions
in Section II-C-l g) by requiring that a percentage ofthe site be brought into compliance with standards in an
amount proportional to the percentage of building area being added. In this instance, however, the covering
is being added to an existing enclosed outdoor smoking area that is not proposed to become heated or
interior space with the covering, and as such no additional building area is being created that would bring
these requirements into play.
The existing outdoor smoking area at the rear of the building was enclosed with a fence permit in November
of 2008. Changes to Oregon smoking laws went into effect in 2009 requiring that smoking areas be
outdoors and at least ten feet from any entrance. The proposed roof covering is located at the rear of the
building, and its pitch generally matches that of the existing structure. With the location at the rear of the
building, visual impacts from the Siskiyou Boulevard right-of-way are limited. The applicants propose to
utilize ribbed steel panels for the roof covering, and a condition has been added below to require that the
color be selected to match that of the existing building's brown composition roofing.
During the comment period following mailing ofthe required Notice of Complete Application, one adjacent
property owner provided written comment on the proposal. Southern Oregon University's Director of
Campus Planning and Sustainabilitynoted that while the University has some concern that smoke from the
outdoor smoking area could be drawn into the air handling system of the Student Health and Wellness
Center on the adjacent parcel to the south, their primary concern was that the existing access way providing
for vehicular and pedestrian circulation around the existing Omar' s building be maintained. In considering
these concerns in relation to the plans provided and viewing the partially completed structure on site, staff
noted that the smoking area is an existing use on the site and the proposed roof addition may serve to draw
the smoke further away from the University parcel than is currently the case. The smoking area is
approximately 65 feet from the University building, with some established trees provided screening between
the two buildings. The proposed roof is not shown to extend past the existing fence in the applicants'
submittals, thus maintaining the existing width of the access way, and the partially completed structure
clearly maintains the access way as well.
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.
PA #2009-01511
1380 Siskiyou Bv.!dds
Page 2
As noted above, the visual impacts of the proposal are largely limited by their placement at the rear of the
site and by the fact that they involve only a partial covering over a small, already-screened outdoor smoking
area. The adjacent neighbor to the south, Southern Oregon University's Student Health and Wellness
Center, has noted that their primary concern is with maintaining the access way providing circulation around
the existing Omar's building, and a condition to this effect has been included below.
The application with the attached conditions complies with all applicable City ordinances. Planning Action
2009-01511 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 2009-01511 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,
including that the existing clear width of the driveway at the rear of the building be maintained and
that neither the smoking area enclosure nor its roof covering further intrude into this clear width.
2) That the plans submitted for the building permit shall be in substantial conformance with those
approved as part of this application. If the plans submitted for the building permit are not in
substantial conformance with those approved as part ofthis application, an application to modify the
Site Review approval shall be submitted and approved prior to issuance of a building permit.
3) That exterior building materials and paint colors shall be compatible with the surrounding area, and
exterior building color and material details shall be provided with the building permit submittals for
review and approval of the Staff Advisor. Very bright or neon paint colors shall not be used in
accordance with II-B-6a) of the Multi-Family Site Design and Use Standards. The color of the
proposed roofing shall be selected to match that of the existing building's brown roofing.
4) That the building permit submittals shall include a scalable site plan drawn to a standard architect's
or engineer's scale.
5) That all requirements of the Building Division shall be conditions of approval, included but not
limited to the requirements that the applicants obtain all required permits and inspections, and pay all
applicable fees and charges associated with the proposed construction, and that code-required panic
hardware be provided at the smoking area exit if deemed necessary by the Building Plans Examiner.
6) That any exterior lighting shall be appropriately shrouded so there is no direct illumination of
surrounding properties. Lighting fixture specifications and shrouding details shall be provided with
the building permit submittals.
~~lanl::!::::--
Department of Community Development
January 21st, 2010
Date
P A #2009-01511
1380 Siskiyou Bv.ldds
Page 3
Staff Exhibit S-1. Partiallv comvleted roof structure over existing, enclosed outdoor smokinJ! area.
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PA #2009-01511
1380 Siskiyou Bv.ldds
Page 4
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PA-2009-01511 391 E15BA 900
BOARD/REGENTS/NORMAL SCHOOL
1250 SISKIYOU BLVD
ASHLAND OR 97520 91
PA-2009-01511 391E15BA 800
SIERRA GRIZZLY LLC
PO BOX 970
MEDFORD OR 97501
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MERCER DONALD J
1380 SISKIYOU BLVD
ASHLAND OR 97520
PA-2009-01511 391 E15BA 3200
Bruce Dwight
1380 SISKIYOU BLVD
ASHLAND OR 97520
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OREGON STATE OF
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ASHLAND OR 97520
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...[)E!rekSg"E!"$QIl0'2RI~nl1ing Action 20Q9-015.11
From:
To:
Date:
Subject:
cc:
"Larry Blake" <BlakeL@sou.edu>
<seversod@ashland.or.us>
1/7/104:52 PM
Planning Action 2009-01511
"Craig Morris" <CMORRIS@sou.edu>
Brandon,
While there are some concerns about smoke from the outdoor smoking area being drawn into the air handling
system of the adjacent Student Health and Wellness center, the University's greatest concern is that the existing
access way behind Omar's be maintained.
Please contact me if you have any questions.
Larry
Laurence Blake
Director, Campus Planning & Sustainability
Southern Oregon University
1250 Siskiyou Blvd., Churchill 170
Ashland, OR 97520
(541) 552-6585
file://C:\Documents and Settings\seversod\Local Settings\Temp\XPGrpWise\4B461141Ash... 1/8/2010
Planning Department, 51 Winbu, 3Y, 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: 2009-01511
SUBJECT PROPERTY: 1380 Siskiyou
OWNER/APPLICANT: Omar's Fresh Fish and Steaks
DESCRIPTION: A request for a Site Review approval to construct an approximately 210 square foot covered
smoking area at the rear of the existing Omar's Fresh Fish & Steaks restaurant located at 1380 Siskiyou Boulevard.
COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; ASSESSOR'S MAP#: 391E 15 BA; TAX LOT:
3200.
NOTICE OF COMPLETE APPLICATION: December 24, 2009
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: January 7, 2010
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 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 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 & 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 Division at 541-488-5305.
G:\comm-dev1planning\Notices Mailed1200912009-01511.doc
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.
8, 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.
0, 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)
G:\comm-devlpJanning\Notices MailedI2009\2009-0 1511.doc
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Omar's Fresh Fish & Steaks
13,80 Siskiyou Blvd.
Ashland, Or. 97520
Community Development
Planning Department
51 Winburn Way
Ashland, Or. 97520
Planning Dept. Permit Approval
Dear Planning Staff:
I'm requesting the approval of a permit for a cover over our fenced in smoking
area. As you know in 2009 Oregon's smoking ban went into effect. We are
required to provide a smoking area at least 10ft. from any entrance for our patrons.
This is mandated by the state, not of our choosing.
Other than requesting a cover for our patrons, we are not developing, changing
the site, changing the use, or changing the layout of the property. With this permit
application we are requesting permission for a partial cover over our existing
fenced in smoking area.
Omar's has existed long before many of these ordinances were adopted. Over
time I'm sure Omar's is probably out of compliance with certain requirements of
today. Just the same I don't feel this covering will bring Omar's any further out of
compliance.
Weare using an already existing area. Weare not developing or expanding the
site. There should be no impact on city facilities. There are no improvements
necessary for street right of way. The property site is maxed out. There is no
room to expand or develop the property.
We feel we meet the applicable criteria requesting approval by the planning
dept. for the covering of an already existing fenced area.
Thank you for your time and consideration,
Bruce Dwight
owner
-~_ Bruce & Dana, Inc.
2204 Simpson St SE, Salem, Oregon 97301
(503) 364-5274 (800) 653-5144 FAX (503) 371-7688
E-mail: Sales.Salem@bruceanddana.com
3595 Avion Dr., Medford, Oregon 97504
(541) 776-5206 (888) 314-0028 FAX (541) 776-2738
E-mail: Sales.Medford@bruceanddana.com
www.bruceanddana.com
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-ASHLAND 541-488-5305 Fax 541-488-6006
ZONING PERMIT APPLlCA liON
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Assessor's Map No. 39 1 E /$)~ a/4 0 '3 ,'J.-o c? Tax Lot(s)
Zoning
Camp Plan Designation
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Zip
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City
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Title
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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 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) that I produced sufficient factual evidence at the hearing to support this request;
2) that the findings of fact fumished justifies the granting of the request;
3) that the findings of fact fumished by me are adequate; and further
4) that all structures or improvements are property locatad on the ground.
Fa!lure 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
{/Hi ,,'"ihOVed at my expense. If I h V9 antj1oubt~~T8m8d~sedto seek competent professional advice and assist~nce.
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'Appllca t Signature' Date' I I
r 0 the property involved in this request, I have read and understood the complete application and its consequences to me as a property
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Date' I /
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Zoning Permit Type
J
Filing Fee $
9/7---
Date Received
OVER ~
Owner's Name: MERCER DONALD J Phone:
Customer #: 05107 State Lie No:
DWIGHT BRUCE E City Lie No:
Applicant: 275 E HERSEY ST
Address: ASHLAND OR 97520
Sub-Contractor:
Phone: (541) 482-1281 Address:
Applied: 11/24/2009
Issued:
Expires: OS/23/2010 Phone:
State Lie No:
Maplot: 391E15BA3200 City Lie No:
DESCRIPTION: Omar's covered smoking area
COMMUNITY DEVELOPMENT
20 East Main 51.
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
ASHLAN[