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HomeMy WebLinkAboutAllison_400 (PA-2010-00992) November 10, 2010 CITY OF ASHLAND Heiland Hoff I 797 Anderson Creek Rd Talent OR 97540 RE: RE: Planning Action # 2010-00992 Notice of Decision At its meeting of November 9, 2010, based on the record of the public meetings and hearings on this matter, the Ashland Planning Commission approved your request for a Conditional Use Permit and Tree Removal Permit for the property located at 400 Allison -- Assessor's Map # 39 IE 09BD; Tax Lot 14200. The Ashland Planning Commission approved and signed the Findings, Conclusions and Orders document, on November 9,2010. Approval is valid for a period of one year. Please review the attached findings and conditions of approval. The conditions of approval shall be met prior to project completion. Copies of the Findings, Conclusions and Orders document, the application and all associated documents and evidence submitted, applicable criteria and standards are available for review at the Ashland Community Development Department, located at 51 Winburn Way. This decision may be appealed to the Ashland City Council if a Notice of Appeal is filed within 13 days of the date this notice was mailed and with the required fee ($304), in accordance with Chapter 18.108.110 (A) of the Ashland Municipal Code. The appeal may not be made directly to the Land Use Board of Appeals. The appeal shall be limited to the criteria listed in Chapter 18.108.110 ofthe Ashland Municipal Code, which is also attached. If you have any questions regarding this decision, please contact the Community Development Department between the hours of 8:00 am and 4:30 pm, Monday through Friday at (541) 488-5305. cc: Robin Bierman 505 N Glendora Ave Gendora CA 91741 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 r~' SECTION 18.108.110 Appeal to Council. A. Appeals of Type II decisions - shall be initiated by a notice of appeal filed with the City Administrator. The standard Appeal Fee shall be required as part of the notice. All the appeal requirements of Section 18.108.110, including the appeal fee, must be fully met or the appeal will be considered by the city as jurisdictionally defective and will not be heard or considered. 1. The appeal shall be filed prior to the effective date of the decision of the Commission. 2. The notice shall include the appellant's name, address, a reference to the decision sought to be reviewed, a statement as to how the appellant qualifies as a party, the date of the decision being appealed, and a clear and distinct identification of the specific grounds for which the decision should be reversed or modified, based on identified applicable criteria or procedural irregularity. 3. The notice of appeal, together with notice of the date, time and place to consider the appeal by the Council shall be mailed to the parties at least 20 days prior to the meeting. B. Except upon the election to re-open the record as set forth in subparagraph 4.B. below, the review of a decision of the Planning Commission by the City Council shall be confined to the record of the proceeding before the Planning Commission. The record shall consist of the application and all materials submitted with it; documentary evidence, exhibits and materials submitted during the hearing or at other times when the record before the Planning Commission was open; recorded testimony; (including DVDs when available), the executed decision of the Planning Commission, including the findings and conclusions. In addition, for purposes of City Council review, the notice of appeal and the written arguments submitted by the parties to the appeal, and the oral arguments, if any, shall become part of the record of the appeal proceeding. The Council may reopen the record and consider new evidence on a limited basis, if such a request to reopen the record is made to the City Administrator together with the filing of the notice of appeal and the City Administrator determines prior to the City Council appeal hearing that the requesting party has demonstrated: 4. A. a. That the Planning Commission committed a procedural error, through no fault of the requesting party, that prejudiced the requesting party's substantial rights and that reopening the record before the Council is the only means of correcting the error; or b. That a factual error occurred before the Planning Commission through no fault of the requesting party which is relevant to an approval criterion and material to the decision; or c. That new evidence material to the decision on appeal exists which was unavailable, through no fault of the requesting party, when the record of the proceeding was open, and during the period when the requesting party could have requested reconsideration. A requesting party may only qualify for this exception if he or she demonstrates that the new evidence is relevant to an approval criterion and material to the decision. This exception shall be strictly construed by the Council in order to ensure that only relevant evidence and testimony is submitted to the hearing body. 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~' BEFORE THE PLANNING COMMISSION November 9th, 2010 IN THE MATTER OF PLANNING ACTION #2010-00992, A REQUEST FOR A CONDITIONAL USE PERMIT TO EXCEED THE MAXIMUM PERMITTED FLOOR AREA (MPF A) WITHIN A HISTORIC DISTRICT BY NINE PERCENT OR 173 SQUARE FEET. THE APPLICATION ALSO INCLUDES A REQUEST FOR A TREE REMOVAL PERMIT TO REMOVE EIGHT TREES SIX-INCHES IN DIAMETER AT BREAST HEIGHT (D.B.H.) OR GREATER. APPLICANTS: Heiland Hoff, architect for owner Robin Biermann RECITALS: ) ) ) FINDINGS, ) CONCLUSIONS ) AND ORDERS ) ) ) ) 1) Tax lot #14200 of Map 39 IE 09 BD is located at 400 Allison Street, within the Siskiyou- Hargadine Historic District and is zoned Low Density Multi-Family Residential (R-2). 2) The applicants are requesting a Conditional Use Permit to exceed the Maximum Permitted Floor Area (MPF A) within a Historic District by nine percent or 173 square feet. The project consists of demolishing the existing 1,144 square foot non-historic, non-contributing duplex building and constructing a new two-story 2,041 square foot dwelling with a daylight basement and two-car garage in its place. The application also includes a request for a Tree Removal Permit to remove eight trees six-inches in diameter at breast height (d.b.h.) or greater. The proposal, including the design for the proposed home, is outlined on the plans on file at the Department of Community Development. 3) The criteria for a Conditional Use Permit are described in Chapter 18.104.050 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. 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: P A #2010-00992 August 10,2010 Page 1 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. 4) The criteria for approval ofa Tree Removal Permit are described in Chapter 18.61.080 as follows: A. Hazard Tree: The Staff Advisor shall issue a tree removal permit for a hazard tree if the applicant demonstrates that a tree is a hazard and warrants removal. 1. A hazard tree is a tree that is physically damaged to the degree that it is clear that it is likely to fall and injure persons or property. A hazard tree may also include a tree that is located within public rights of way and is causing damage to existing public or private facilities or services and such facilities or services cannot be relocated or the damage alleviated. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard or a foreseeable danger of property damage to an existing structure and such hazard or danger cannot reasonably be alleviated by treatment or pruning. 2. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to AMC 18.61.084. Such mitigation requirements shall be a condition of approval of the permit. B. Tree that is Not a Hazard: The City shall issue a tree removal permit for a tree that is not a hazard if the applicant demonstrates all of the following: 1. The tree is proposed for removal in order to permit the application to be consistent with other applicable Ashland Land Use Ordinance requirements and standards, including. but not limited to applicable Site Design and Use Standards and Physical and Environmental Constraints. The Staff Advisor may require the building footprint of the development to be staked to allow for accurate verification of the permit application; and 2. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks; and 3. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. The City shall grant an exception to this criterion when alternative to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone, Nothing in this section shall require that the residential density be P A #2010-00992 August 10,2010 Page 2 reduced below the permitted density allowed by the zone. In making this determination, the City may consider alternative site plans or placement of structures of alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with the other provisions of the Ashland Land Use Ordinance. 4. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to AMC 18,61.084. Such mitigation requirements shall be a condition of approval of the permit. 5) The Planning Commission, following proper public notice, held a public hearing on October 12th, 2010 at which time testimony was received and exhibits were presented. The Planning Commission continued the matter to their regular meeting on November 9th, 2010 to allow the applicants to prepare a modified design proJ'osal addressing issues raised by the Historic and Planning Commissions. At their November 9 ,2010 meeting, the Planning Commission approved the application for a Conditional Use Permit to exceed the Maximum Permitted Floor Area (MPF A) within a Historic District by nine percent or 173 square feet and for a Tree Removal Permit to remove eight trees six-inches in diameter at breast height (d.b.h.) or greater subject to conditions pertaining to the appropriate development of the site. Now, therefore, the Planning Commission of the City of Ashland finds, concludes and recommends as follows: SECTION 1. EXHIBITS For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony will be used. Staff Exhibits lettered with an "S" Proponent's Exhibits, lettered with a "P" Opponent's Exhibits, lettered with an "0" Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M" SECTION 2. CONCLUSORY FINDINGS 2.1 The Planning Commission finds that it has received all information necessary to make a decision based on the Staff Report, public hearing testimony and the exhibits received. 2.2 The Planning Commission finds that the subject property is a legal non-conforming lot as it was created prior to current zoning regulations with a 4,917 square foot lot area that is less than the current 5,000 square foot minimum lot area to accommodate less than two units in the R-2 district. With the removal of the duplex and its replacement with a single family residence, the P A #2010-00992 August 10,2010 Page 3 property will become more compliant with the allowed density of the district. The Commission further finds that the existing building on the site, known as the Eddie Hinger Duplex in the Siskiyou-Hargadine Historic District survey document, is considered to be "non-historic/non- contributing" resource in the survey document. The Planning Commission further finds that demolition of the existing duplex to construct a single family home is subject to the regulations pertaining to the conversion of existing multi- family dwelling units into for-purchase housing in AMC 18.24.040.L.7, and a condition has accordingly been added to require that the applicants provide evidence of compliance with the tenant rights provisions of Chapter 10.115 of the Ashland Municipal Code. 2.3 The Planning Commission finds that the property is currently served by an eight-inch sanitary sewer main and a six-inch water main located in the Allison Street right-of-way; a ten- inch storm sewer main in Gresham Street also serves the property. The Commission finds that these existing facilities are adequate to serve the proposed home. The Commission further finds that the Electric Department has indicated that there are no identified issues which would prevent the applicants from converting the existing overhead electric services for the duplex units to a single city-standard underground service for the new single family residence. The Planning Commission finds that Allison Street, designated as a residential neighborhood street, is currently improved with paving, curbs, gutters, sidewalks and parkrow planting strips in place along the full frontage of the subject property. The Commission further finds that Gresham Street, designated as a collector street, is also paved with curbs and gutters in place, but lacks sidewalks along the subject property's frontage. The Commission finds that both of the subject property's street frontages lack required street trees, however the applicants have proposed to plant them with the application. The Commission has included a condition of approval to require that the applicants sign in favor of future street improvements for Gresham Street, including the installation of sidewalks. 2.4 The Planning Commission finds that that the proposed single family home will generate less traffic than the existing duplex, or other multi-family housing that is allowed within the district, and will generate no more dust, odor or other environmental pollutants than would any single family dwelling. The Commission finds that the proximity to the downtown, Southern Oregon University, shopping and bus routes is likely to result in a reduction in vehicle trips over what might be expected for a similar unit located further from the core of downtown. The Commission further finds that the proposed home will not impact the development of adjacent properties as envisioned in the Comprehensive Plan. 2.5 The Planning Commission finds that Conditional Use Permit review calls for consideration of the adverse material effects of the proposal on the impact area in comparison to the target use of the zone, which for an R-2 zoned lot of this size would be the development of the site with a single unit built to the allowed maximum permitted floor area (MPF A) of 1,868 square feet. The Commission further finds that in addition to the Conditional Use Permit criteria, the ordinance also requires that properties seeking an overage to the Maximum Permitted Floor P A #2010-00992 August 10, 2010 Page 4 Area are to be considered in light of the Historic District Development Standards, as noted in AMC 18.24.040.K. These standards address compatibility with historic context in terms of height, scale, massing, setbacks, roof shape, rhythms of openings, directional expression, sense of entry, and imitation of historic architectural styles with a general focus of preserving historic district streetscapes. These Development Standards seek a traditional architecture that well represents our own time yet enhances the nature and character of the historic district. Planning staff, the Historic Commission and the Planning Commission had raised a number of concerns when reviewing an initial design proposal in October which involved a 17 percent overage to the maximum permitted floor area (MPF A) including that the orientation of a large gable end of the roof over the garage entry and repetition of similar windows on the gable end seemed counter to the directional expression, sense of entry, and rhythm of openings in the neighborhood and broader district and seemed to add emphasis to the home's mass, bulk and scale on the Allison Street frontage. Under that design iteration, nearly 1,000 square feet of floor area was dedicated to a great room with ceiling heights approaching 24 feet which the Commission found to exaggerate the building's mass, scale and volume beyond what was appropriate for the square footage proposed. The Commission further found that there needed to be a stronger sense of entry for the proposed home. In reviewing the design modifications made in response to the concerns previously raised, the Commission finds that the proposed overage to the MPF A has been reduced from 17 percent to nine percent. The Commission further finds that while the current proposal retains a gable over the garage, the removal of a previously proposed turret element at the comer of the home, hipping of the roof, and modification of the window type, pattern and placement has resulted in a design that is more cohesive and which effectively deals with the square footage proposed in a manner compatible with the neighborhood, the district and the design standards. The great room area with high ceilings, previously an area of nearly 1,000 square feet which substantially increased the massing and volume of the home, has been reduced to 231 square feet significantly lessening its impact to the massing and volume. The Planning Commission finds that the proposed home articulates a clear sense of entry from Allison Street; that the window type, pattern and placement present a rhythm of openings which is compatible with the character of the district; and that the hipping of the roof and placement and orientation of the gables provides an appropriate and compatible sense of directional expression which places the highest part of the roof further from the street thereby reducing the perceived height and massing. 2.6 The Planning Commission finds that because the property is multi-family zoned and contains an existing duplex, the removal of trees greater than six-inches in diameter is regulated and requires a Tree Removal Permit. The application indicates that the site's trees have generally been poorly maintained, and will be significantly impacted by demolition and construction, and accordingly a Tree Removal Permit is requested to remove a total of eight trees six-inches in diameter at breast height or greater. These trees include four big leaf maples, an American chestnut, the single deodar cedar, and two Portuguese laurels. In addition, a maple tree and crab apple tree near the street comer are proposed the be removed; the Commission finds that these P A #2010-00992 August 10, 2010 Page 5 two trees are located within the street right-of-way and their removal is therefore subject to a Street Tree Removal Permit, which is not a land use decision. The Commission finds that there are more trees on the small lot than the property can readily support, and that a number of fast- growing specimens planted near the foundation walls of the existing duplex have begun to crack the existing duplex's foundation and to impact the existing retaining wall. The Commission further finds that one tree proposed for removal is a deodar cedar which is planted under the electrical lines along Gresham Street. The Commission finds that the proposed tree removals will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks, tree densities, sizes, canopies, or species diversity within 200 feet of the subject property. The application states that the remaining trees on the property will be protected and preserved, and a tree protection plan has been provided. The application notes that five trees are to be planted to mitigate the proposed removals, and that the owner is willing to contribute to the tree fund to mitigate the removal of the remaining three trees in lieu of on-site mitigation as provided in the ordinance, and conditions to this effect have been attached to the approval. SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, the Planning Commission concludes that the proposal for a Conditional Use Permit to exceed the Maximum Permitted Floor Area (MPF A) within a Historic District by nine percent or 173 square feet, and for a Tree Removal to remove eight trees six- inches in diameter at breast height (d.b.h.) or greater is supported by evidence contained within the whole record. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action #2010-00992. Further, if anyone or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #2010-00992 is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant be conditions of approval unless otherwise modified herein. 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 of this application, an application to modify the Conditional Use Permit approval shall be submitted and approved prior to issuance of a building permit. 3) That all recommendations of the Historic Commission from their November 3rd meeting, where consistent with applicable standards and with final approval by the Staff Advisor, shall be conditions of approval unless otherwise modified herein. 4) That all recommendations of the Tree Commission from their October ih meeting, where consistent with applicable standards and with final approval by the Staff Advisor, shall be conditions of approval unless otherwise modified herein. 5) That the applicant shall obtain all necessary demolition permits prior to commencing demolition, and that any necessary demolition inspection approvals shall be obtained by the applicants. P A #2010-00992 August 10,2010 Page 6 6) That the building plan submittals shall include: a) Solar setback calculations demonstrating that all new construction complies with Solar Setback Standard B in the formula [(Height - 16)/(0.445 + Slope) = Required Solar Setback] and elevations or cross section drawings clearly identifying the highest shadow producing point(s) and the height(s) from natural grade. b) Lot coverage calculations including all building footprints, driveways, parking, and circulation areas. Lot coverage shall be limited to no more than the 65 percent allowed in the R-2 zoning district. 7) That prior to the issuance of a building permit: a) That the tree protection measures shall be installed according to the approved plan, inspected, and approved by the Staff Advisor prior to any site work, demolition, or storage of materials. b) That the property owner shall sign in favor of local improvement districts for the future street improvements, including but not limited to sidewalks, parkrow, curb, gutter and storm drainage, for Gresham Street prior to the issuance of a building permit. c) That the requirements of the Ashland Fire Department that adequate fire flow shall be provided shall be satisfactorily addressed. Fire flow requirements are to be determined based on area calculations using the final building plan submittals. 8) That prior to the issuance of a certificate of occupancy: a) That street trees, one per 30 feet of street frontage, shall be installed in the parkrow along both frontages prior to the issuance of a certificate of occupancy. Street trees shall be placed to accommodate future parkrow and sidewalk installation along Gresham Street. All street trees shall be chosen from the adopted Street Tree List and shall be installed in accordance with the specifications noted in Section E of the Site Design and Use Standards. The street trees shall be irrigated. b) That the driveway curb cut on Gresham Street shall be closed, and the new driveway curb cut on Allison Street installed, under permit from the Public Works Department. The applicant shall obtain all necessary Public Works inspection approvals for work within the right-of-way prior to the issuance of a certificate of occupancy. c) That all exterior lighting shall be directed on the property and shall not directly illuminate adjacent proprieties. Light fixture type and placement shall be clearly identified in the building plan submittals. d) That prior to the conversion of existing rental units into for-purchase housing through the demolition of the duplex and construction of a single family residence, the applicants shall provide evidence of compliance with the tenant rights provisions of Chapter 10.115 of the Ashland Municipal Code. e) That the electric service shall be installed underground to serve the home prior to the issuance of a certificate of occupancy. The electric service plan shall be provided with P A #2010-00992 August 10, 2010 Page 7 the building permit submittals for the review of the Building, Planning and Electric Departments. f) Replacement trees to mitigate the trees removed shall be planted on-site and irrigated according to the approved plan, or payment in lieu of mitigation planting provided, as proposed by the applicant. VJff7l'll7a4!U Planning Commission Approval by Pam Marsh, Chair November 9. 2010 Date P A #2010-00992 August 10,2010 Page 8 PA-2010-00992 391E09BD 10500 ASHCRAFT SANTINA 71 GRESHAM ST ASHLAND OR 97520 PA-2010-00992 391E09BD 14200 BIERMANN ROBIN TRUSTEE ET 505 GLENDORA AVE GLENDORA CA 91741 PA-2010-00992 391E09BD 8900 GANGIT ANO FAMILY TRUST ET 44 AMETHYST WAY SAN FRANCISCO CA 94131 PA-2010-00992 391E09CA 1300 LEHMANN RYAN LlZOE D 477 FAIRVIEW ST ASHLAND OR 97520 PA-2010-00992 39lE09BD 10400 PATERSON THOMAS G 63 GRESHAM ST ASHLAND OR 97520 PA-20 1 0-00992 391E09BD 8700 REYNOLDS D L JRlPHYLLIS B 64 GRESHAM ST ASHLAND OR 97520 PA-2010-00992 391E09BD 8600 SHISLER LENORE 443 ALLISON ST ASHLAND OR 97520 PA-20 I 0-00992 391E09BD 8300 VAN DERZEE KIRT 469 ALLISON ST ASHLAND OR 97520 PA-2010-00992 Heiland Hoff I 797 Anderson Crk Rd Talent OR 97540 PA-20 I 0-00992 391E09CA 1200 ASHLAND CHANTICLEER LLC 120 GRESHAM ASHLAND OR 97520 PA-20 I 0-00992 39 I E09BD 14000 DOYLE TERRY/CHIYEMI 462 ALLISON ST ASHLAND OR 97520 P A-20 1 0-00992 391 E09BD 14300 KELLY TIMOTHY P 100 GRESHAM ST ASHLAND OR 97520 PA-2010-00992 391E09BD 13900 MOORE PATRICK J TRUSTEE ET 470 ALLISON ST ASHLAND OR 97520 PA-2010-00992 391 E09CA 8101 . PRUFER SUSAN BROUWER 3051 WINSLOW DR BEND OR 97701 PA-20 1 0-00992 391E09BD 10800 i SCHOLOM PETER M TRUSTEE ET 365 VISTA ST ASHLAND OR 97520 PA-20 I 0-00992 391E09BD 14100 STEWART JEANETTE 155 8TH ST ASHLAND OR 97520 PA-20 1 0-00992 391E09BD 8500 WIGGINTON NANCY CAROL 453 ALLISON ASHLAND OR 97520 // P A-20 I 0-00992 .. // Colin Swal~s .. / 143 EightI1St Ashhfnd, OR 97520 PA-2010-00992 391E09BD 14500 BARTH RICHARD M TRUSTEE 91 GRESHAM STREET ASHLAND OR 97520 PA-2010-00992 39lE09BD 8800 GADBOIS LAURIE A ET AL 54 GRESHAM ST ASHLAND OR 97520 PA-201O-00992 391E09CA 8100 LEDBETTER PROPERTIES LLC 112 NUTLEY ST ASHLAND OR 97520 PA-2010-00992 39lE09BD 13800 NORAAS MELODY 478 ALLISON ST ASHLAND OR 97520 PA-2010-00992 39lE09BD 10401 REITINGER MARK/BECKY 625 B ST ASHLAND OR 97520 PA-2010-00992 391E09BD 8200 SEARLE COLLEEN D TRUSTEE ET 477 ALLISON ST ASHLAND OR 97520 PA-2010-00992 391E09BD 8400 SWALES COLIN WILLIAM . 143 EIGHTH ST ASHLAND OR 97520 PA-2010-00992 391E09BD 10300 WINCHESTER PATRICE A 3450 SACRAMENTO ST 507 SAN FRANCISCO CA 94118 2fr, 11-10-2010 400 Allison CITY OF ASHLAND ASHLAND PLANNING COMMISSION REGULAR MEETING MINUTES November 9,2010 CALL TO ORDER Chair Pam Marsh called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street. Commissioners Present: Larry Blake Michael Dawkins Dave Dotterrer Pam Marsh Debbie Miller Melanie Mindlin Mike Morris John Rinaldi, Jr. Staff Present: Bill Molnar, Community Development Director Derek Severson, Associate Planner April Lucas, Administrative Supervisor Absent Members: None Council Liaison: Eric Navickas, absent ANNOUNCEMENTS Commissioner Marsh noted the vacancy on the Planning Commission and encouraged interested citizens to submit applications to the Mayor's office. Community Development Director Bill Molnar announced the second workshop for the Pedestrian Places Project will be held on December 8, 2010 at 7 p.m. at the Ashland Middle School. CONSENT AGENDA A. Approval of Minutes 1. October 12,2010 Planning Commission Minutes. Commissioners DotterrerlMorris mls to approve the Consent Agenda. Voice Vote: all AYES, Motion passed 8-0. PUBLIC FORUM Colin Swales/143 Eight StreetlShared his concerns regarding the guest opinion written by Commissioner Marsh that was published in the Daily Tidings regarding the AT&T action. Mr. Swales stated this article indicates prejudgment and believes such strong opinions should have been .declared before the Planning Commission's deliberations as part of the ex parte and bias disclosures. He added he was disappointed to see such a strongly worded statement from the Planning Commission chair. Commissioner Marsh clarified she does not have an iPhone, and stated she was speaking on her own behalf and nowhere in the article did it mention that she is a member of the Planning Commission. TYPE II PUBLIC HEARINGS A. PLANNING ACTION: #2010-00993 SUBJECT PROPERTY: 400 Allison Street APPLICANT: Heiland Hoff, Architect for owner Robin Biermann DESCRIPTION: A request for a Conditional Use Permit to exceed the Maximum Permitted Floor Area (MPFA) within a Historic District by 8 percent or 155 square feet. The project consists of demolishing the existing 1,144 square foot non-historic/non-contributing duplex building and constructing a new two-story 2,023 square foot Ashland Planning Commission November 9, 2010 Page 1 of 7 dwelling with a daylight basement and two-car garage. (The Building Division has tentatively approved the demolition proposal subject to this land use approval.) The application also includes a request for a Tree Removal Permit to remove eight trees six-inches in diameter at breast height (d.b.h.) or greater. COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP #: 391E 09 SD; TAX LOT: 14200 Commissioner Marsh read aloud the public hearing procedures for land use hearings. Ex Parte Contact No ex parte contact was reported by any of the commissioners. Staff Report Associate Planner Derek Severson presented the staff report and provided a brief recap of this action. He noted both staff and the Historic Commission had recommended this action be continued in order to allow the applicant time to address concerns that were raised. Mr. Severson briefly reviewed the changes that were made to the design. He stated staff believes the applicant has done a good job of addressing the issues that were raised and are recommending approval with the conditions outlined in the staff report. Applicant's Presentation Heiland Hoff/Applicant's Architect/Mr. Hoff thanked the Commission for allowing him to come back and provided a review of the design elements that were changed. He stated their proposal has been modified as follows: · Decreased foyer size by 175 sq. ft. and added 179 sq. ft of porch space. . Decreased the size of the stairs and landing. . Removed the hexagon tower. · Large gables were replaced by smaller gables, and forms were broken into smaller, varied masses. · Moved the kitchen to the back of the house and moved the pantry to allow windows along Gresham St. . Created traditional front and back porches, and added a door to the back porch. . Eliminated the door facing Gresham and moved the primary entry to Allison St. Commissioner Rinaldi requested clarification about the Maple trees proposed for removal, and stated he does not see how these would be impacted by construction. Mr. Hoff stated originally the only trees proposed for removal were those that abutted the foundation, but when this action went before the Tree Commission, the Commission asked the applicant to consider removing the Maple trees because they are unhealthy. Commissioner Marsh noted the Historic Commission's recommendation for the windows in the garage to be squared off and Mr. Hoff clarified he is fine with this. She also asked about the use of alternative pavers for the garage driveway and Mr. Hoff stated they have discussed this possibility and would welcome a recommendation from the Commission. Public Testimonv Colin Swales/143 Eight StreetlStated the applicant did a good job addressing the concerns that were raised, but stated there are still a couple things that should be looked at. Mr. Swales questioned how the grade change and gables would affect compliance with the solar ordinance, and also questioned if the garage could be modified. He stated there are no other garages or driveways on that street and recommended a reduction to the garage frontage. Mr. Severson clarified the proposal does confirm with the City's Solar Ordinance. Rebuttal bv the Applicant Mr. Hoff stated the house is set 20 ft. back from the property line, so even in the longest day in June, a shadow will not be cast on the neighboring properties. Commissioner Marsh closed the public hearing and the record at 7:45 p.m. Ashland Planning Commission November 9, 2010 Page 2 of 7 Del i berati ons/Decis i on Commissioners Dotterrer/Rinaldi mls to approve PA-2010-00993, including the Historic Commission's recommendation on the windows. DISCUSSION: The architect and owner were commended for the changes that were made to their proposal. Dawkins stated the plan is considerably better, but still voiced concern with the garage and stated he is saddened that the existing duplex will be taken out of use. Dotterrer stated this proposal meets the criteria, but this is not the house the owner wanted and stated the new design is mediocre. Marsh echoed the praise shared for the architect's changes and voiced her hope that they will look at other alternative materials for the driveway. Roll Call Vote: Commissioners Morris, Miller, Blake, Dawkins, Mindlin, Rinaldi, Dotterrer and Marsh, YES. Motion passed 8-0. Commissioners MorrislDawkins mls to approve the Findings with the typographical change to the square footage. Voice Vote: all AYES. Motion passed 8-0. TYPE III PUBLIC HEARINGS A. PLANNING ACTION: #2010-01239 SUBJECT PROPERTY: 59-85 Winburn Way APPLICANT: Urban Development Services, LLC agents for Jonathan & Esther Phelps DESCRIPTION: A request for a Comprehensive Plan Map Amendment and Zone Change from Single Family Residential (R-1-7.5) to Commercial Downtown (C-1-D), Physical & Environmental Constraints Review Permit, Tree Removal Permit to remove five trees, Site Review approval to construct a new 10,632 square foot cafe/restaurant, and a Development Agreement for the four properties located at 59-85 Winburn Way. EXISTING COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; PROPOSED COMPREHENSIVE PLAN DESIGNATION: Commercial Downtown; EXISTING ZONING: R-1-7.5; PROPOSED ZONING: C-1-D; ASSESSOR'S MAP #: 39 1 E 09 BC; TAX LOTS: 2500, 2501, 3000 & part of #39 1 E 09 TL 100. Ex Parte Contact Commissioners Mindlin, Rinaldi, Dawkins, Dotterrer, Morris and Marsh declared site visits. Commissioner Morris noted he is working on a project with this project's architect, but does not believe he has a conflict of interest. Commissioner Marsh noted she had participated last spring in two charrettes for this site, but this was prior to a submittal being developed and she believes she is able to judge this application on its merits. Commissioner Dawkins requested the Sneak Preview article written on this project be included in the planning action record. Staff Report Associate Planner Derek Severson presented the staff report and provided an overview of the proposal. He explained the properties involved in the zone change request are the vacant lot adjacent to the City's Community Development building, Pioneer Hall, the Community Center, the existing building at 85 Winburn Way, and the City parking lot that houses the ice skating rink. He explained the proposal before the Commission is to rezone these properties from R-1.75 zoning (Single Family Residential) to C-1-D (Commercial Downtown); demolish the existing building and accessory structures at 85 Winburn Way; and construct a new 10,632 sq. ft. cafe/restaurant in its place. He stated along with the new cafe/restaurant building, the proposal includes developing public plaza spaces, reconfiguring the City parking lot to gain additional parking spaces, plaza space improvements to Pioneer Hall, and constructing a small building for the City's Parks Department that would house office space, staking equipment, public restrooms, and the Zamboni machine. Mr. Severson reviewed the three criteria for a Type III application and explained the Commission will need to compare the benefits this application provides with its impacts. He stated two items in particular that staff recommends they consider are: 1) the design of the structure, inclUding the impacts to the Winburn Way streetscape and the Granite Street properties, and 2) the impact on area parking. In regards to the parking element, Mr. Severson suggested they consider an in-lieu of parking fee and provided some additional information on this concept. He stated it is also important for the Commission to remember they are dealing with historic properties and recommended they consider the potential for a transition of use and what might be inappropriate uses for this site. In terms of staff recommendations, Mr. Severson stated staff is recommending the zone change be limited to 85 Winburn Way, and that the Commission determine if in-lieu of parking fees are needed, and if so to what degree. In terms of site Ashland Planning Commission November 9, 2010 Page 30f7 Planning Commission Speaker Request Form I) Complete this form and return it to the Secretary prior to the discussion of the item you wish to speak about. 2) Speak to the Planning Commission from the table podium microphone. 3) State your name and address for the record. 4) Limit your comments to the amount of time given to you by the Chair, usually 5 minutes. 5) If you present written materials, please give a copy to the Secretary for the record. 6) You may give written comments to the Secretary for the record if you do not wish to speak. 7) Speakers are solely responsible for the content of their public statement. y Agenda item number- OR H 0 f::rhA~-\S'a.J Regular Meeting Topic for public forum (non agenda item) Land Use Public Hearing For: Against: Challenge for Conflict of Interest or Bias If you are challenging a member (planning commissioner) with a conflict of interest or bias, please write your allegation complete with supporting facts on this form and deliver it to the clerk immediately. The Chair will address the written challenge with the member. Please be respectful of the proceeding and do not interrupt. You may also provide testimony about the challenge when you testify during the normal order of proceedings. Written Comments/Challenge: The Public Meeting Law requires that all city meetings are open to the public. Oregon law does not always require that the public be permitted to speak. The Ashland Planning Commission generally invites the public to speak on agenda items and during public forum on non-agenda items unless time constraints limit public testimony. No person has an absolute right to speak or participate in every phase of a proceeding. Please respect the order of proceedings for public hearings and strictly follow the directions of the presiding officer. Behavior or actions which are unreasonably loud or disruptive are disrespeciful, and may constitute disorderly conduct. Offenders will be requested to leave the room. Comments and statements by speakers do not represent the opinion of the City Council, City Officers or employees or the City of Ashland. ASHLAND PLANNING DIVISION STAFF REPORT ADDENDUM November 9, 2010 PLANNING ACTION: PA-2010-00992 APPLICANT: Heiland Hoff, Architect for owner Robin Biermann LOCATION: 400 Allison Street COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential APPLICATION DEEMED COMPLETE: September 29,2010 120.DAY TIME LIMIT: January 27,2011 ORDINANCE REFERENCE: 18.24 R-2 Low-Density Multi-Family Residential District Tree Preservation and Protection Conditional Use Permits 18.61 18.1 04 REQUEST: A request for a Conditional Use Permit to exceed the Maximum Permitted Floor Area (MPF A) within a Historic District by eight percent or 155 square feet. The previous submittal was to exceed MPF A by 17 percent or 315 square feet. The project consists of demolishing the existing 1,144 square foot non-historic/non-contributing duplex building and constructing a new two-story 2,023 square foot dwelling with a daylight basement and two-car garage. (The Building Division has tentatively approved the demolition proposal subject to the applicant receiving land use approval for a replacement structure.) The application also includes a request for a Tree Removal Permit to remove eight trees six-inches in diameter at breast height (d.b.h.) or greater. I. Relevant Facts A. Background. History of Application The application was considered by the Historic Commission and the Planning Commission at their regular meetings in October. The Historic Commission raised a number of issues with the proposed design, including: 1) Concerns with compatibility in terms of mass, bulk, scale and volume as the proposed home had roughly 1,000 square feet offloor area where the average ceiling height approached 24 feet. The Commission noted that if the home were traditionally framed, with more standard ceiling heights, this would have added an additional 1,000 square feet or more of floor area, meaning that the volume proposed was more akin to a 3,200 square foot home on a 4,900 square foot lot than that of a 2,200 square foot home. The turreted kitchen volume had a 12-foot plate height which significantly increased its perceived volume, and the Historic Commission was Planning Action PA # 2010-00992 Applicant: Heiland Hoff Ashland Planning Division - Staff Report Addendum Page 1 of 7 concerned that the overall design exaggerated the home's volume beyond what was necessary to accommodate the proposed square footage in order to maximize views and provide large, high-ceilinged great rooms in a manner counter to the intent ofthe Maximum Permitted Floor Area ordinance and Historic District Design Standards. 2) In addition to the larger issues raised above, the Commission also had a number of specific recommendations with regard to design details: a) The Gresham Street entrance needed a stronger sense of presence to give stronger cues for a sense of entry on Gresham. The Commission asked to see side-lights added to the door at this entry and questioned the clustering of utility meters on the most prominent wall and the lack of windows. Commissioners recommended a consistent plate line and additional windows be included in the design. b) The windows on the Allison Street fayade, over the garage, had too great a ratio of window area to wall surface and gave a very contemporary feeling to this elevation. They indicated that this could have been better addressed with a less gridded placement, more tightly grouping the windows in threes, with a more simplified style and less variation in type (i.e. simple double-hung sashes would be preferred). The Commission noted that a window placement more like that noted on sheet A7.3 with a single casing and one crown over a more tight grouping of three windows would be more compatible. The Commission emphasized that a continuity of window sizes and plate heights was important, and also noted concerns with the pinching of window crowns into the gable. c) In terms of trim, the corner boards and casings shown were too narrow to be historically compatible, and more detail of historically-compatible exterior trim was needed. d) The turret element that provided kitchen space was not cohesive with the rest of the design due to its plate height, shape and materials. The plate height resulted in it dominating other elements of the design, and the Commission recommended that it be reduced to a more compatible nine-foot plate height. The Commission noted that a more cohesive plate height might allow a simplification of roof lines on the Gresham Street fayade. Based on these issues, the Historic Commission recommended that review of the application be continued by the Planning Commission to their November meeting to allow for design modifications to address these issues. The Commission indicated that design modifications were needed to dramatically reduce the volume of the home including lowering the plate height in the turret-element of the kitchen to no more than nine feet, simplifying the lines of the building, looking at the gable alignment and the use of dormers for some upper level windows, and generally diminishing the volume, bulk and scale of the home to a degree that would render it more compatible with the neighborhood and district. They also asked that the application come back to both the Historic and Planning Commissions for review in November. Planning Action PA # 2010-00992 Applicant: Heiland Hoff Ashland Planning Division - Staff Report Addendum Page 2 of 7 At their October meeting, the Planning Commission generally concurred with the issues raised by the Historic Commission, however the Planning Commission indicated that the building needed to establish a better relationship to the Allison Street streetscape through a stronger sense of entry and suggested that the entry configuration as proposed was confusing and detracted from the building's relationship to either street. The Commission also expressed some concern with the turret element as it related to the remainder of the design, and with the impacts of placing a large great room's mass over a two car garage on Allison Street. The item was continued to the November by the Planning Commission, and now comes back with a substantial redesign which the applicants hope has addressed the issues raised last month. II. Proiect Impact A. Conditional Use Permit (CUP) to Exceed Maximum Permitted Floor Area (MPFA) Conditional Use Permit review calls for consideration ofthe adverse material effects of the proposal on the impact area in comparison to the target use of the zone, which in this case would be the development of the site with a single unit built to the maximum permitted floor area of 1,868 square feet. In addition to the Conditional Use Permit criteria, the ordinance also requires that properties seeking an overage to the Maximum Permitted Floor Area be reviewed in light ofthe Historic District Development Standards which address compatibility with historic context in terms of height, scale, massing, setbacks, roof shape, rhythms of openings, directional expression, sense of entry, imitation, etc. with a general focus aimed a preserving historic streetscapes. For new construction, these Development Standards generally seek a traditional architecture that well represents our own time yet enhances the nature and character of the historic district. For projects requiring a Conditional Use Permit, the authority exists in law for the Staff Advisor or Planning Commission to require modifications in design to address these standards. In these cases, the Historic Commission advises both the applicants and city decision makers. Based on the Commissions' comments last month, the applicants have submitted a redesign ofthe proposed building for Commission consideration. As proposed, the redesign involves the following changes to the previous proposal: o Removal of the hexagonal turret element for the kitchen. The kitchen has been relocated within the home and a more traditional porch added in its place. o Reorientation of the primary roof ridge to East-West rather than the previous North- South, hipping some of the roofs to de-emphasize the gables which remain. While the building height as measured by code - to the midpoint of the roof- remains essentially the same, the ridge height has been reduced by approximately three feet. o The overall request to exceed MPFA has been reduced from 17 percent to only eight percent. The previous design proposed to exceed the MPFA by 315 square feet; the current proposal is only 155 square feet over the allowed 1,868 square feet. o The great room area which resulted in approximately 1,000 square feet of empty space at the second floor level and greatly increased the perceived volume in the previous design has been reduced to 231 square feet. The applicant notes that if the current proposal were traditionally framed and the great room area turned into second floor Planning Action PA # 2010-00992 Applicant: Heiland Hoff Ashland Planning Division - Staff Report Addendum Page 3 of 7 living space it would still fall within the allowed 25 percent over MPF A. o Windows are now primarily a simple double-hung type more common to the historic districts, and have been grouped more in keeping with typical patterns found within the districts. The ratio of glazing to wall areas has been reduced. o The main entry has been clearly articulated to Allison Street, with a covered porch near the corner and stairs and walkways to both fronting streets. The applicants contend that they have significantly improved the design in response to the Commissions' comments, and that it represents a modern dwelling that is comfortably compatible with the historic environment matching the neighboring buildings in height, scale, massing, setback, roof shape, rhythm of openings, platforms, directional expression, and sense of entry without resorting to an inappropriate imitation of styles from older periods. In staff s assessment, the redesign has effectively addressed the areas of concern identified last month by staff, and by the Historic and Planning Commissions. A clearer sense of entry from Allison Street has been articulated, the turret element which both Historic and Planning Commission questioned in terms of its cohesiveness with the overall design has been removed, the window type and pattern has been shifted to a less contemporary arrangement, and with the hipping of the roof the remaining gable over the Allison Street garage entry no longer emphasizes the volume on that frontage. Because this staff report is being prepared for distribution prior to Historic Commission's review of the revised drawings, a condition has been recommended below to require that the recommendations of the Historic Commission, where consistent with applicable standards and with final approval by the Staff Advisor, become conditions of approval for the application. The Historic Commission's recommendations from their November 3rd meeting will be distributed for Planning Commissioner review at the November 9th Planning Commission hearing. III. Procedural - ReQuired Burden of Proof The approval criteria for a Conditional Use Permit are described in AMC 18.104.050 as follows: A. C. 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. 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. 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: B. 1. Similarity in scale, bulk, and coverage. Planning Action PA # 2010-00992 Applicant: Heiland Hoff Ashland Planning Division - Staff Report Addendum Page 40f7 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. In addition to the criteria above for Conditional Use Permit approval, the standards noted in Section IV of the Site Design and Use Standards (see pages 40-47 of the document which is available on-line at: http://www.ashland.or.us/Files/SiteDesign-and-UseStandards.pdf) are also to be considered when evaluating the request. The approval criteria for a Tree Removal Permit are described in AMC 18.61.080 as follows: A. Hazard Tree: The Staff Advisor shall issue a tree removal permit for a hazard tree if the applicant demonstrates that a tree is a hazard and warrants removal. 1. A hazard tree is a tree that is physically damaged to the degree that it is clear that it is likely to fall and injure persons or property. A hazard tree may also include a tree that is located within public rights of way and is causing damage to existing public or private facilities or services and such facilities or services cannot be relocated or the damage alleviated. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard or a foreseeable danger of property damage to an existing structure and such hazard or danger cannot reasonably be alleviated by treatment or pruning. 2. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to AMC 18.61.084. Such mitigation requirements shall be a condition of approval of the permit. B. Tree that is Not a Hazard: The City shall issue a tree removal permit for a tree that is not a hazard if the applicant demonstrates all of the following: 1. The tree is proposed for removal in order to permit the application to be consistent with other applicable Ashland Land Use Ordinance requirements and standards, including but not limited to applicable Site Design and Use Standards and Physical and Environmental Constraints. The Staff Advisor may require the building footprint of the development to be staked to allow for accurate verification of the permit application; and 2. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks; and 3. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. Planning Action PA # 2010-00992 Applicant: Heiland Hoff Ashland Planning Division - Staff Report Addendum Page 5 of 7 The City shall grant an exception to this. criterion when alternative to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. Nothing in this section shall require that the residential density be reduced below the permitted density allowed by the zone. In making this determination, the City may consider alternative site plans or placement of structures of alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with the other provisions of the Ashland Land Use Ordinance. 4. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to AMC 18.61.084. Such mitigation requirements shall be a condition of approval of the permit. IV. Conclusions and Recommendations In staff s view, the proposed redesign has addressed the primary concerns that we raised last month: that the orientation of the gable end of the roof over the garage entry and repetition of similar windows on the gable end seemed counter to the directional expression, sense of entry, and rhythm of openings in the neighborhood and broader district and seemed to add emphasis to the home's mass, bulle and scale on the Allison Street frontage; and that there needed to be a stronger sense of entry for the proposed home. While the current proposal retains a gable over the garage, staffbelieve that the removal of the turret element, hipping of the roof and modification of the windows have resulted in a design that is more cohesive and which effectively deals with the square footage proposed in a manner compatible with the neighborhood, the district and the design standards. Should the Planning Commission concur with staff and determine that the application merits the approval of a Conditional Use Permit to exceed the Maximum Permitted Floor Area and Tree Removal Permit, staff would recommend that the following conditions be attached to the approval: 1) That all proposals of the applicant be conditions of approval unless otherwise modified herein. 2) That the plans submitted for the building permit shall be in substantial conformance with those approved as part ofthis application. Ifthe plans submitted for the building permit are not in substantial conformance with those approved as part of this application, an application to modify the Conditional Use Permit approval shall be submitted and approved prior to issuance of a building permit. 3) That all recommendations of the Historic Commission from their November 3rd meeting, where consistent with applicable standards and with final approval by the Staff Advisor, shall be conditions of approval unless otherwise modified herein. 4) That all recommendations of the Tree Commission from their October ih meeting, where consistent with applicable standards and with final approval by the Staff Advisor, shall be conditions of approval unless otherwise modified herein. 5) That the applicant shall obtain all necessary demolition permits prior to commencing demolition, and that any necessary demolition inspection approvals shall be obtained by the applicants. 6) That the building plan submittals shall include: a) Solar setback calculations demonstrating that all new construction complies with Solar Setback Standard B in the formula [(Height - 16)/(0.445 + Slope) = Required Solar Setback] and elevations or cross section drawings clearly identifying the Planning Action PA # 2010-00992 Applicant: Heiland Hoff Ashland Planning Division - Staff Report Addendum Page 6 of? highest shadow producing point(s) and the height(s) from natural grade. b) Lot coverage calculations including all building footprints, driveways, parking, and circulation areas. Lot coverage shall be limited to no more than the 65 percent allowed in the R-2 zoning district. 7) That prior to the issuance of a building permit: a) That the tree protection measures shall be installed according to the approved plan, inspected, and approved by the Staff Advisor prior to any site work, demolition, or storage of materials. b) That the property owner shall sign in favor of local improvement districts for the future street improvements, including but not limited to sidewalks, parkrow, curb, gutter and storm drainage, for Gresham Street prior to the issuance of a building permit. c) That the requirements of the Ashland Fire Department that adequate fire flow shall be provided shall be satisfactorily addressed. Fire flow requirements are to be determined based on area calculations using the final building plan submittals. 8) That prior to the issuance of a certificate of occupancy: a) That street trees, one per 30 feet of street frontage, shall be installed in the parkrow along both frontages prior to the issuance of a certificate of occupancy. Street trees shall be placed to accommodate future parkrow and sidewalk installation along Gresham Street. All street trees shall be chosen from the adopted Street Tree List and shall be installed in accordance with the specifications noted in Section E of the Site Design and Use Standards. The street trees shall be irrigated. b) That the driveway curb cut on Gresham Street shall be closed, and the new driveway curb cut on Allison Street installed, under permit from the Public Works Department. The applicant shall obtain all necessary Public Works inspection approvals for work within the right-of-way prior to the issuance of a certificate of occupancy. c) That all exterior lighting shall be directed on the property and shall not directly illuminate adjacent proprieties. Light fixture type and placement shall be clearly identified in the building plan submittals. d) That prior to the conversion of existing rental units into for-purchase housing through the demolition of the duplex and construction of a single family residence, the applicants shall provide evidence of compliance with the tenant rights provisions of Chapter 10.115 of the Ashland Municipal Code. e) That the electric service shall be installed underground to serve the home prior to the issuance of a certificate of occupancy. The electric service plan shall be provided with the building permit submittals for the review of the Building, Planning and Electric Departments. f) Replacement trees to mitigate the trees removed shall be planted on-site and irrigated according to the approved plan, or payment in lieu of mitigation planting provided, as proposed by the applicant. Planning Action PA # 2010-00992 Applicant: Heiland Hoff Ashland Planning Division - Staff Report Addendum Page 7 of 7 HEILAND HOFF ARCHITECTURE specializing in winery, commercial, and residential projects October 22,2010 City of Ashland Planning Department 20 E. Main St. Ashland, OR. 97520 Re: Supplemental Written Findings: Conditional Use Permit Biermann Residence 400 Allison Street Dear Derek: Weare confident you will agree that we have addressed all the issues of concern expressed by the planning department staff and the historical commission. These issues include massing, rhythm of openings, directional expression, and sense of entry. A. Massing At both the historical commission meeting and the planning commission meeting, there was significant resistance to our hexagonal kitchen, especially the 12'-0" plate height and the use of shingles instead of the siding used elsewhere on the building. Without raising the plate height above the rest of the roof, it is not possible to construct a full hexagonal roof, so we abandoned the hexagon altogether and moved the kitchen to the back ofthe house, placing a traditional front porch where the kitchen had been. This dramatic change allows the entire roofto be rotated, orienting the primary ridges East and West rather than North and South. Reorienting the ridges greatly decreases the bulk and scale of the building. Moreover, we chose to hip most of the roofs, rather than employing a predominant use of gables as in our previous design. Simply changing the direction of the ridge without converting the gables to hips would have made the Allison Street elevations less bulky at the expense of the Gresham Street elevations, which would have become more bulky. Using hipped roofs eliminates the problem. The two gable roofs that remain are much smaller than the gables we had before. Because the remaining gables are smaller and placed higher on the building, the height of the building as measured by the planning ordinances remains approximately the same; the midpoint ofthe highest remaining gable is nearly as high as the midpoint ofthe large gables we had before. 1797 anderson creek road, talent, oregon 97540 tel. (541) 944-9639 fax. (541 )535-3588 hei land@heilandhoffarchitecture.com page 1 HEILAND HOFF ARCHITECTURE specializing in winery, commercial, and residential projects However, the ridges have dropped substantially. The actual height of the tallest ridge is nearly three feet lower than it was before. Using the hexagon to eke out every available square inch of the Northwest comer allowed a maximization of the footprint size. Since we have now changed all the comers ofthe buildings to 90 degree angles, we have lost a lot of available square footage in the comer where the lot converges at a 60 degree angle. Putting an exterior porch where the kitchen had been further diminished our floor area. Our previous design was 17 percent over the MPF A. At 2023 square feet, our new design is a mere 8 percent over the 1868 MPF A. In other words, our previous design was 315 square feet over the MPF A, while our new design is only 155 square feet over. We would be eligible for a Type I conditional use permit if we had not already started the Type II process. Even more importantly, the empty space over the great room has been drastically reduced. One of the biggest concerns expressed at the historical commission meeting was that there was 1000 square feet of empty space at the second floor height. In terms of building massing, this gave the appearance of a building that was 1315 square feet over the MPF A, because one cannot see from the outside whether or not this empty space is actually a full second floor. We have addressed this concern by reducing this empty space at the second floor level to 231 square feet, including wall thicknesses. It should be noted that even if all the empty space was second floor, we would still have only 2254 square feet, which is significantly less than 25 percent over the MPF A. Whereas before there were high, blank walls rising all the way up to the ridges of the gables facing Allison Street, now the walls surrounding the remaining empty space are set in from the street and placed behind hipped roofs, greatly reducing their visual impact. B. Rhythm of Openings In our previous design, we had quite a few different types of windows that were more or less evenly distributed across the face of the building. There was also a relatively high ratio of glass to solid wall, because the windows were too large. It was pointed out that this was not an historical interpretation. We have addressed these concerns in several ways. First, we have eliminated most ofthe different window types. In all the prominent wall faces, we have placed simple double hung windows that match the principal window type displayed throughout the historic district. High in the walls, where it is not possible to reach up to operate a double hung window, we have placed a few awning windows. This is consistent with the awning windows displayed in dormers and high walls throughout the historic district. (There is still one casement window in the upstairs bathroom, but it is concealed in such a way that it is not 1797 anderson creek road, talent, oregon 97540 tel. (541) 944-9639 fax.(541)535-3588 heiland@heilandhoffarchitecture.com page 2 HEILAND HOFF ARCHITECTURE specializing in winery, commercial, and residential projects easily visible from the street.) Since the historic commission didn't approve of our craftsman style bipartite and tripartite glazing divisions, we have eliminated those features, dividing the panes only where necessary for the operation ofthe window. Second, we have changed the distribution of windows across the wall face. As directed by the Historic Commission, we have grouped the windows, placing them in the center of walls as is common in historic houses on this street. Third, we have greatly reduced the ratio of glazing to wall area by making all the windows smaller. In general, our Rhythm of openings now represent a much more historically relevant approach. C. Directional Expression As described under the heading Massing, we have re-oriented the prominent roof lines to run East and West instead of North and South. This relates the character of the new building to the predominant directional expression of nearby buildings. D. Sense of Entry From the beginning, there has been some disagreement about whether the main entrance should face Allison or Gresham Street. In our previous design, we chose to put our main entrance on Gresham Street, with a separate entrance facing Allison, as well as a third entrance facing the back yard. Because there were so many entrances, there was some confusion about which entrance was the main entrance. This lack of clarity was not well received by the Historical Commission. In our new design, we put the main entrance in the most prominent face ofthe house: the comer of Allison and Gresham. The entrance is articulated with a real covered porch on a raised platform. There are stairs and walkways leading from this porch to both Allison and Gresham. The actual front door faces Allison, but whether one approaches from Allison or from Gresham there can be no mistake about where the main entry is. There is also a back porch, with a back door between the pantry and the back yard. There is a path leading from Gresham to the back porch, but both the porch and the door are oriented to the back yard and not to Gresham. The back porch has also been raised on a platform to create more of a traditional back porch rather than the covered patio we had before. In conclusion, we hope you agree that we havc significantly improved our design and that it now represents a modem dwelling that is comfortably compatible with the historic environment, 1797 anderson creek road, talent, oregon 97540 tel. (541) 944-9639 fax. (541 )535-3588 heiland@heilandhoffarchitecture.com page 3 HEILAND HOFF ARCHITECTURE specializing in winery, commercial, and residential projects matching the neighboring buildings in height, scale, massing, setback, roof shape, rhythm of openings, platforms, directional expression, and sense of entry, without resorting to an inappropriate imitation of styles from older periods. We anticipate and appreciate your support and the support of the rest of the planning staff in presenting our new design to the historic commission and ultimately to the planning commission. If you have any questions or concerns, please feel free to contact me. You may reach me at (541) 944-9639. Sincerely, Heiland Hoff Principal Architect 1797 anderson creek road, talent, oregon 97540 tel. (541) 944-9639 fax. 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Commissioners Present: Larry Blake Michael Dawkins Dave Dotterrer Pam Marsh Debbie Miller Melanie Mindlin Mike Morris John Rinaldi, Jr. Staff Present: Bill Molnar, Community Development Director Derek Severson, Associate Planner April Lucas, Administrative Supervisor Absent Members: Council Liaison: Eric Navickas, absent ANNOUNCEMENTS Community Development Director Bill Molnar announced Council's deliberations of the AT&T appeal will take place next Tuesday, October 19. He also commented on the Interchange Area Management Plan (lAMP) and noted staff had submitted a letter indicating the lAMP does not comply with the City's Comprehensive Plan. He stated staff would be meeting with ODOT about this and there may also be a presentation before the City Council. Mr. Molnar also noted October is National Planning Month and stated staff will be leading a walking tour of downtown projects at 12:00 p.m. on Friday, October 29. CONSENT AGENDA A. Approval of Minutes 1. August 10, 2010 Planning Commission Minutes 2. September 28, 2010 Study Session Minutes Commissioners Dotterrer/Dawkins m/s to approve the Consent Agenda. Voice Vote: all Ayes. Motion passed a-o. PUBLIC FORUM Colin Swales/143 Eight St/Stated he is a member of the Transportation Commission but is only speaking on his own behalf. Mr. Swales commented on the Pedestrian Nodes project and voiced concern with how this is being marketed. He noted the name change from Pedestrian Nodes to Pedestrian Places and stated he does not believe this project is focused on pedestrians and the creation of new plaza spaces. On the contrary, he stated this project is focused on transit oriented development and stated the Commission should be clearer about what this project entails. Commissioner Marsh noted the Transportation and Planning Commissions would be meeting for a joint study session on October 26 and this could be discussed by the larger group at that time. TYPE II PUBLIC HEARINGS A. PLANNING ACTION: #2010-009.93 SUBJECT PROPERTY: 400 Allison Street APPLICANT: Heiland Hoff, Architect for owner Robin Biermann DESCRIPTION: A request for a Conditional Use Permit to exceed the Maximum Permitted Floor Area (MPFA) Ashland Planning Commission October 12,2010 Page 1 of 4 within a Historic District by 17 percent or 315 square feet. The project consists of demolishing the existing 1,144 square foot non-historic/non-contributing duplex building and constructing a new two-story 2,183 square foot dwelling with a daylight basement and two-car garage. (The Building Division has tentatively approved the demolition proposal subject to this land use approval.) The application also includes a request for a Tree Removal Permit to remove eight trees six-inches in diameter at breast height (d.b.h.) or greater. COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP #: 39 1 E 09 SD; TAX LOT: 14200 Commissioner Marsh read aloud the public hearing procedures for land use hearings. Ex Parte Contact Commissioners Blake, Dawkins, Marsh, Miller, Mindlin, Morris and Rinaldi declared site visits. No ex parte contact was reported by any of the commissioners. Staff Report Associate Planner Derek Severson presented the staff report and stated this is a request for a Conditional Use Permit to exceed the Maximum Permitted Floor Area (MPFA) within a historic district by 17% (315 sq ft.). He stated the proposed dwelling is 2,183 sq ft. with a daylight basement and a two-car garage. Mr. Severson reviewed the site location and noted the existing duplex structure on the lot has been tentatively approved for demolition. He provided an overview of the applicant's site plan and highlighted the applicable Historic District Design Standards, including massing, scale, rhythm of openings, directional expressions, and sense of entry. Mr. Severson stated there are elements in this project's design that staff has concerns with, and stated the Historic Commission reviewed this application and they have concerns as well. He noted staffs recommendations are captured on page 8 of the Staff Report, and the Historic Commission's Recommendations were handed out at the beginning of the meeting. In summary, the primary concerns focused on the mass and volume of the proposed home, including the height of the turret and interest in de-emphasizing the volume over the garage, and the sense of entry on Gresham St. Mr. Severson clarified both staff and the Historic Commission are recommending this action be continued to the November meeting to allow the applicant to do some additional design work that addresses the concerns raised. Questions of Staff Staff was asked to elaborate on how the primary entrance location is determined. Mr. Severson clarified this is typically based on the neighborhood pattern, and in this instance staff feels it is more appropriate to have the primary entrance on Gresham. Commission Dawkins noted 91 Gresham does not have an entry on that street and instead takes access of the alley; he also voiced concern with visitors to this home parking on Gresham and feels this will exasperate the line of site problems at that location. Mr. Severson stated while the sense of entry on the Gresham frontage is a concern for staff, the Commission can determine this is not an issue for them. Commissioner Miller voiced agreement with staffs concern and stated the proposed front entry design on Gresham is not adequate. Mr. Severson comment on the MPFA and clarified how the square footage is calculated. He stated living space and potential living spaces are included, however unenclosed porches, basement areas, and detached garages do not go into this calculation. He added the MPFA does not give a square footage specific to volume, but it does talk about the volume and mass of the building in the Design Standards. Commissioner Marsh suggested this may be something they want to look at in the future. Mr. Severson clarified the parking requirements andstated a single family home is required to have two off-street parking spaces; however there is no requirement for covered parking, and the off-street requirement can be reduced to one if there are two on-street parking spaces. Applicant's Presentation Heiland Hoff/Applicant's Architect/Mr. Hoff addressed the Commission and provided a presentation. He explained the driving force behind this project has been the odd shape of the lot and explained how this has impacted the design. He noted this is a corner lot and there are setback requirements on all four sides. He also explained in 1950 the back piece of this lot was pieced off and as result they do not have access to the alley (which is where most of their neighbors park), and they are Ashland Planning Commission October 12,2010 Page 2 of4 also lacking the square footage of the surrounding lots. Mr. Hoff noted the square footage, lot sizes, and bulk and scale of the surrounding homes, and noted there are three-story homes on either side of this lot. He commented that the other homes on Allison have a garage off of the alley, but because they do not have similar access the only valid location for the parking was under the house. He noted this is a common design in Ashland and displayed several photos of homes with garages located under the main structure. Mr. Hoff stated he is willing to take another look at some of the design elements, but noted some of these concerns came as a surprise to him given the amount of time he has spent working with the Historic Review Board. Commissioner Marsh asked if he considered a single car garage. Mr. Hoff stated this home was designed for the way most people live and the owner who is building the home would like a place to park his two vehicles. Marsh also expressed concern with the 24 ft. ceilings and questioned the historic compatibility. Commissioner Miller asked about the 6 ft. ceiling clearance on the upper level and questioned the compatibility of a one-bedroom home. Commissioner Rinaldi asked about the public entrance off Gresham and stated he is confused by this since there is a door and a garage on the Allison frontage. Commissioner Mindlin asked about porches and questioned why this was not a stronger element in the design. Commissioner Marsh expressed concern with the main entry on Gresham and felt this was done in order to have the expansive garage space off Allison and does not know if this is justifiable. Public Testimonv Colin Swales/143 Eight St/Stated he was a member of the Planning Commission when they adopted the maximum house size ordinance and stated larger lots were given a smaller multiplier, and the smaller lots get a fairly generous multiplier. Mr. Swales stated when you compare this house to its neighbors, which sit on lots that are substantially larger, this house is massive and out of proportion with the neighborhood for a lot that size. He noted the maximum house size ordinance only deals with square footage of the actual floor area and thinks this is a flaw in the ordinance, and commented that the high ceilings in this house really exaggerate its size. Rebuttal bv the Applicant Mr. Hoff agreed that this is a large house for the lot, but noted they are allowed exceed the MPFA by up to 25% and they are only requesting to go over by 17%. He stated this house has less square footage than the homes on three sides and is shorter than the houses to the left and right of it. Advice from Le~al Counsel/Staff Mr. Severson commented that while the ordinance does not have a numerical figure for permitted volume, it does explicitly refer to massing as one of the design standards that should be looked at. He added the ordinance process it set up specifically to look at this issue in terms of the compatibility of the house with the neighborhood and surrounding historic district. Comment was made that it would have been helpful for the applicant to provide an elevation that shows what the house will look like from the street level with the two houses on either side. Mr. Severson clarified if this action is continued the Commission could request that the applicant provide this. Commissioner Marsh closed the record and public hearing at 8:10 p.m. Del i berati ons/Decis ion Commissioner Marsh noted both staff and the Historic Commission are recommending this action be continued to the November meeting in order to allow the applicant to make modifications. Recommendation was made for the commissioners to share any final comments or direction to the applicant. The following is an outline of the key comments and suggestions that were shared: · Request was made for the applicant to address the front of the home on Gresham St., and to have an Allison presence that does not conflict as severely as what is proposed. · Suggestion was made to perhaps change the orientation and/or height of the gable in order to improve the Allison fagade. . Comment was made that while the owner wishes to have views from his second floor mezzanine, the architect should consider the use of dormers or some other mechanism to provide these views. . Comment was made that the Allison frontage is awfully tall. Ashland Planning Commission October 12,2010 Page 3 of 4 · Comment was made questioning why the octagon shaped kitchen needs to be so tall, and opinion was given this hexagon form on the corner will look out of place. · Comment was made that the biggest problems with this house is lack of a historically compatible porch and the bulk of the fagade facing Allison. · Suggestion was made for the main entry issue to be corrected. · Comment was made that the big double garage on Allison totally overwhelms that frontage. Staff commented on why they are recommending this application be postponed, rather than denied. It was noted that the applicant's architect has continually worked with staff to address concerns, and staff believes they should be given the opportunity to modify the design. Commissioners Morris/Dotterrer m/s to continue this to their November meeting. Roll Call Vote: Commissioners Blake, Rinaldi, Mindlin, Morris, Miller, Dotterrer, Dawkins and Marsh. Motion passed a.o. ADJOURNMENT Before adjourning Commissioner Marsh noted not everyone is able to attend the January Retreat and suggested they consider holding this during a regular meeting where there are no planning actions scheduled. Commissioner Dawkins recommended in the future they pick the same weekend every year to hold the retreat. Marsh recommended the group email her their input on this. Meeting adjourned at 8:40 p.m. Respectfully submitted, April Lucas, Administrative Supervisor Ashland Planning Commission October 12,2010 Page 4of4 Planning Commission Speaker Request Form 1) Complete this form and return it to the Secretary prior to the discussion of the item you wish to speak about. 2) Speak to the Planning Commission from the table podium microphone. 3) State your name and address for the record. 4) Limit your comments to the amount of time given to you by the Chair, usually 5 minutes. 5) If you present written materials, please give a copy to the Secretary for the record. 6) You may give written comments to the Secretary for the record if you do not wish to speak. 7) Speakers are solely responsible for the content of their public statement. Regular Meeting Agenda item number Topic for public forum (non agenda item) Land Use Public Hearing For: Against: Challenge for Conflict of Interest or Bias If you are challenging a member (planning commissioner) with a conflict of interest or bias, please write your. allegation complete with supporting facts on this form and deliver it to the clerk immediately. The Chair will address the written challenge with the member. Please be respectful of the proceeding and do not interrupt. You may also provide testimony about the challenge when you testify during the normal order of proceedings. Written Comments/Challenge: The Public Meeting Law requires that all city meetings are open to the public. Oregon law does not always require that the public be permitted to speak. The Ashland Planning Commission generally invites the public to speak on agenda items and during public forum on non-agenda items unless time constraints limit public testimony. No person has an absolute right to speak or participate in every phase of a proceeding. Please respect the order o.f proceedings for public hearings and strictly follow the directions o.f the presiding officer. Behavior or actions which are unreasonably loud or disruptive are disrespectful, and may constitute disorderly conduct. Offenders will be requested to leave the room. Comments and statements by speakers do not represent the opinion of the City Council, City Officers or employees or the City of Ashland. ASHLAND PLANNING DIVISION STAFF REPORT October 12, 2010 PLANNING ACTION: P A-201 0-00992 APPLICANT: Heiland Hoff, Architect for owner Robin Biermann LOCATION: 400 Allison Street COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential APPLICATION DEEMED COMPLETE: September 29,2010 120.DAY TIME LIMIT: January 27,2011 ORDINANCE REFERENCE: 18.61 18.1 04 R-2 Low-Density Multi-Family Residential District Tree Preservation and Protection Conditional Use Permits 18.24 REQUEST: A request for a Conditional Use Permit to exceed the Maximum Permitted Floor Area (MPF A) within a Historic District by 17 percent or 315 square feet. The project consists of demolishing the existing 1,144 square foot non-historic/non-contributing duplex building and constructing a new two-story 2,183 square foot dwelling with a daylight basement and two-car garage. (The Building Division has tentatively approved the demolition proposal subject to the applicant receiving land use approval for a replacement structure.) The application also includes a request for a Tree Removal Permit to remove eight trees six-inches in diameter at breast height (d.b.h.) or greater. I. Relevant Facts A. Background. History of Application There are no other planning actions of record for this site. B. Detailed Description of the Site and Proposal The subject property is located at the southeast corner of the intersection of Gresham and Allison Streets, in the Siskiyou-Hargadine Historic District and the R-2 (Low Density Multi- Family Residential) zoning district. The property is irregularly shaped, with an area of approximately 4,917 square feet and is considered to be a legal, non-conforming lot as it was created prior to current zoning regulations and thus has an area which is less than the current 5,000 square foot minimum lot size in the R-2 district. Planning Action PA # 2010-00992 Applicant: Heiland Hoff Ashland Planning Division - Staff Report Page 1 of 9 The existing building on the site is identified as the Eddie Hinger Duplex in the Siskiyou- Hargadine Historic District survey document, which notes that the single-story wood framed modern ranch-style structure was reportedly built in 1964, the same year that the lot was partitioned from 100 Gresham Street (Tax Lot #1100). The existing home is considered to be "non-historic/non-contributing" in the survey document, and is proposed for demolition with this application. Currently, vehicular access to the site is from Gresham Street to a gravel parking pad at the rear of the duplex. General topography in the area slopes down Gresham Street to the north, toward downtown, at approximately 11 percent, however the existing duplex sits on a relatively level area of the lot which is retained by a low retaining wall directly behind the Allison Street sidewalks. The application includes a tree inventory identifying 17 trees on the site, eight of which are proposed to be removed to accommodate the re-development of the site. The application involves demolishing the existing 1,144 square foot non-historic/non- contributing duplex building and constructing a new two-story 2,183 square foot dwelling with a daylight basement to contain a two-car garage. This requires a Conditional Use Permit to exceed the Maximum Permitted Floor Area (MPF A) within a Historic District by 17 percent or 315 square feet. The application also includes a request for a Tree Removal Permit to remove eight trees six-inches in diameter at breast height (d.b.h.) or greater. II. Proiect Impact Residentially zoned properties located within Ashland's Historic Districts are subject to a Maximum Permitted Floor Area (MPF A) limitation based on the lot size and number of units proposed. This limitation is intended to preserve the historic character of Ashland's National Register historic districts by insuring that development is architecturally and historically compatible with historic development patterns and fits well into the fabric of these well- established historic neighborhoods. The ordinance establishing the MPF A limitations provides for applicants to exceed the MPFA by up to 25 percent when they obtain a Conditional Use Permit; this is a discretionary approval intended to provide for a higher level of review of proposed structures in the context of Ashland's Conditional Use Permit approval criteria as well as the Site Design and Use Standards' "Historic District Development Standards". The overage to the Maximum Permitted Floor Area proposed here is 17 percent, well within that allowed through the Conditional Use Permit process. Because this proposed floor area represents an increase of more than ten percent over the existing floor area ofthe duplex, and involves a Conditional Use Permit for the construction of a new structure, the application is subject to a Type II procedure which requires a decision by the Planning Commission through a public hearing process. A. Conditional Use Permit (CUP) to Exceed Maximum Permitted Floor Area (MPFA) As previously noted, the subj ect property is a legal non-conforming lot as it was created prior to current zoning regulations with a 4,917 square foot lot area that is less than the current 5,000 square foot minimum lot area to accommodate less than two units in the R-2 district. With the removal of the duplex and its replacement with a single family residence, the Planning Action PA # 2010-00992 Applicant: Heiland Hoff Ashland Planning Division - Staff Report Page 2 of 9 property will become more compliant with the allowed density of the district. The property is currently served by an eight-inch sanitary sewer main and a six-inch water main located in the Allison Street right-of-way; a ten-inch storm sewer main in Gresham Street also serves the property. The Public W orkslEngineering Department has indicated that these facilities, which already serve the existing duplex, are adequate to serve the proposed home. The Electric Department has indicated that there are no identified issues which would prevent the applicants from converting the existing overhead electric services for the duplex units to a single city-standard underground service for the new single family residence. Allison Street, a residential neighborhood street, is currently improved with paving, curbs, gutters, sidewalks and parkrow planting strips in place along the full frontage of the subject property. Gresham Street, a collector street, is also paved with curbs and gutters in place, but sidewalks are lacking along the subject property's frontage. Both frontages lack street trees; however the applicants have proposed to plant them in the landscape plan provided with the application. A condition of approval has also been recommended below to require the applicants to sign-in favor of future street improvements for Gresham Street including the installation of sidewalks. Conditional Use Permit review also calls for consideration of the adverse material effects of the proposal on the impact area in comparison to the target use of the zone, which in this case would be the development of the site with a single unit built to the maximum permitted floor area of 1,868 square feet. In addition to the Conditional Use Permit criteria, the ordinance also requires that properties seeking an overage to the Maximum Permitted Floor Area be reviewed in light of the Historic District Development Standards which address compatibility with historic context in terms of height, scale, massing, setbacks, roof shape, rhythms of openings, directional expression, sense of entry, imitation, etc. with a general focus aimed a preserving historic streetscapes. For new construction, these Development Standards generally seek a traditional architecture that well represents our own time yet enhances the nature and character of the historic district. For projects requiring a Conditional Use Permit, the authority exists in law for the Staff Advisor or Planning Commission to require modifications in design to address these standards. In these cases, the Historic Commission advises both the applicants and city decision makers. In this instance, the staff report is being prepared for distribution prior to Historic Commission review, and a condition has accordingly been recommended below to require that the recommendations of the Historic Commission, where consistent with applicable standards and with final approval by the Advisor, become conditions of approval for the application. The Historic Commission's recommendations from their October 6th meeting will be distributed for Planning Commissioner review at the October 1ih Planning Commission hearing. The applicant's submittal notes that while the proposal exceeds the MPF A by 17 percent, it would be possible to exceed their proposed scale, bulk and coverage while complying with the MPF A. They note that the home is four feet shorter than allowed in the district, and that ifthe entire MPF A were constructed on a single level it would exceed the bulk and coverage. The applicants also note that the proposed square footage is less than that of the homes on Planning Action PA # 2010-00992 Applicant: Heiland Hoff Ashland Planning Division - Staff Report Page 3of9 three sides, and that the home is shorter than the three-story homes on either side of it. The application explains that the applicants have worked with the Historic Commission's review board to arrive at an architectural style that is compatible both with the highly- decorated Victorian across the street at 91 Gresham Street and at the same time able to blend with the elegant simplicity of the historic buildings on Allison Street. They note that the design thus borrows some common elements including the 8: 12 roof pitch, the mix of hips and gables, the multiple layers of roof planes, and the window size, shape and spacing. Beyond that, the application notes that the applicants have tried to replicate the simplicity of the Allison Street neighborhood but have added ornamental swing-out carriage doors for the garage, craftsman-style arched corbels with layered barge boards at the rakes, half-round copper gutters and downspouts, and custom windows employing a combination oftri-part and bi-part craftsman style glazing divisions. The application goes on to explain that since 91 Gresham Street has the oldest and most magnificent house in the immediate neighborhood, they have tried to mirror its directional expression on a smaller scale by providing a primary front porch facing Gresham with a smaller side porch facing Allison Street. The applicants note that the proposed single family home will generate less traffic than the existing duplex, or other multi-family housing that is allowed within the district, and will generate no more dust, odor or other environmental pollutants than would any single family dwelling. They also indicate that the proposed home will not impact the development of adj acent properties as envisioned in the Comprehensive Plan. In staff s view, the generation of traffic seems likely to be consistent with that of the impact area, and less than is generated by the existing duplex. In addition, the proximity to the downtown, university, shopping and bus routes may indeed result in a reduction in vehicle trips over what might be expected for a similar unit less centrally located. In reviewing the proposal, staff have discussed with the applicant that the proposed placement of the garage off of Allison Street, with a substantial cut and retaining wall to accommodate placement of the garage at the basement level, seems somewhat inconsistent with the established rhythm of openings and sense of entry in the vicinity, although staff recognizes that the topography changes as one nears the intersection of Gresham and Allison Streets and already necessitates a retaining wall along the frontage ofthe subject property. In staff s view, the alignment of the roof gable directly over the garage opening, the glazing placement and the high ceilings increase the perceived height and mass of the home as viewed from the Allison Street streetscape. Staff have questioned whether a garage placement behind the structure might better address these issues while being more consistent with the established neighborhood pattern on this block of Allison Street. In response to these issues raised by staff, the applicant notes that if it were possible to place the garage on the main level and take access from Gresham Street it would be their preference as the alternative placement with a basement garage is more costly, however they note that certain efficiencies are gained by placing the garage beneath the living space with access from Allison Street. They explain that on this small corner lot, constrained by an irregular shape, topographical issues, and standard setbacks and lacking the alley access for parking that many neighboring properties enjoy, placing the garage on the ground level would not leave adequate room for habitable space and would require larger upper floors, Planning Action PA # 2010-00992 Applicant: Heiland Hoff Ashland Planning Division - Staff Report Page 4 of 9 consequently increasing the scale, bulk and height ofthe building as well. In addition, they note that controlled access standards for a collector street such as Gresham Street require placement of the driveway curb cut at least 50 feet from the intersection, which would put the driveway outside of the building envelope while a garage off of Allison Street complies with the lesser separation required between the intersection and the driveway on a neighborhood street. The applicants thus propose to utilize the garage off of Allison Street and to eliminate the existing driveway curb cut off of the higher order Gresham Street. The applicant also notes that the property owner has concerns with taking vehicular access from Gresham Street given visibility issues, the proximity of a Gresham Street driveway to the intersection with Allison Street, and the need for an angled approach, and they have thus opted to take access from the lesser order Allison Street which also accommodates placement of a garage within the basement, beneath the living space. The submittals indicate that in terms of the gable height and alignment as they relate to the Allison Street garage entry, they initially proposed a lesser roof pitch, but opted for the current 8: 12 after discussions with the Historic Commission's review board, and they have attempted to mitigate the additional gable height by bringing the top plate ofthe second floor down to only six feet above finished floor, which they find to be as low as practically possible while maintaining a functional interior space. The applicant also notes that the roof has been broken into smaller gables to increase visual interest while shortening the building. Similarly, they note that the gable orientation was a choice made to help shorten the building while still providing for better views with the gable end windows. For staff, it seems that placement ofthe garage on the lesser order Allison Street is merited in terms of controlled access standards and for the design efficiencies gained in having the garage beneath the living space, however we continue to have concerns that the orientation of the gable end of the roof over the garage entry in combination with the use of a more contemporary style repetition of similar windows on the gable end of the home seems counter to, and thus not architecturally compatible with, the directional expression, sense of entry and rhythm of openings in the neighborhood and broader district and seems to add emphasis to the home's mass, bulk and scale on this street frontage. In addition, while the applicant notes that they intended to have a primary directional expression and sense of entry to Gresham Street to mirror on a smaller scale that of the Victorian home across the street at 91 Gresham Street, staff believes that additional emphasis is needed in the form of some additional windows, a more strongly defined porch element or other architectural treatment if this entry is truly to be given primacy over the Allison Street entry. While we are generally supportive of the garage placement and the efforts ofthe applicant to work with the Historic Commission review board to arrive at a compatible design, we believe that these two issues merit additional design attention before we can recommend approval. In response to the initial noticing, one neighbor has provided written comment on the proposal, indicating that while the plans are well-presented and the proposed home represents a significant improvement over the existing non-contributing duplex, he has concerns both with the size of the home given the relatively small lot, and with traffic difficulties tied to visibility at the intersection of Gresham and Allison Streets due to the angle of the corner. Planning Action PA # 2010-00992 Applicant: Heiland Hoff Ashland Planning Division - Staff Report Page 5 of 9 B. Tree Removal Permit Because the property is multi-family zoned and contains an existing duplex, removal of trees greater than six-inches in diameter is regulated and requires a Tree Removal Permit. The application notes that there are more trees on the small lot than the property can support, and goes on to explain that a number of fast-growing specimens were planted near the foundation walls ofthe existing duplex and have begun to crack the existing duplex's foundation and to impact the existing retaining wall. Additionally, one tree proposed for removal is a deodar cedar which is planted under the electrical lines along Gresham Street. The application suggests that the site's trees have generally been poorly maintained, and will be significantly impacted by demolition and construction, and accordingly a Tree Removal Permit is requested to remove a total of eight trees six-inches in diameter at breast height or greater. These trees include four big leaf maples, an American chestnut, the single deodar cedar, and two Portuguese laurels. The application states that the remaining trees on the property will be protected and preserved, and a tree protection plan has been provided. The application notes that five trees are to be planted to mitigate the proposed removals, and that the owner is willing to contribute to the tree fund to mitigate the removal of the remaining three trees in lieu of on-site mitigation as provided in the ordinance. III. Procedural - ReQuired Burden of Proof The approval criteria for a Conditional Use Permit are described in AMC 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 transporlation can and will be provided to and through the subject properly. 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 properlies as envisioned in the Comprehensive Plan. 7. Other factors found to be relevant by the Hearing Authority for review of the proposed use. Planning Action PA # 2010-00992 Applicant: Heiland Hoff Ashland Planning Division - Staff Report Page 6 of 9 In addition to the criteria above for Conditional Use Permit approval, the standards noted in Section IV of the Site Design and Use Standards (see pages 40-47 of the document which is available on-line at: http://www.ashland.or.us/Files/SiteDesign-and-UseStandards.pdf) are also to be considered when evaluating the request. The approval criteria for a Tree Removal Permit are described in AMC 18.61.080 as follows: A. Hazard Tree: The Staff Advisor shall issue a tree removal permit for a hazard tree if the applicant demonstrates that a tree is a hazard and warrants removal. 1. A hazard tree is a tree that is physically damaged to the degree that it is clear that it is likely to fall and injure persons or properly. A hazard tree may also include a tree that is located within public rights of way and is causing damage to existing public or private facilities or services and such facilities or services cannot be relocated or the damage alleviated. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard or a foreseeable danger of properly damage to an existing structure and such hazard or danger cannot reasonably be alleviated by treatment or pruning. 2. The City may require the applicant to mitigate for the removal of each hazard tree pursuant to AMC 18.61.084. Such mitigation requirements shall be a condition of approval of the permit. B. Tree that is Not a Hazard: The City shall issue a tree removal permit for a tree that is not a hazard if the applicant demonstrates all of the following: 1. The tree is proposed for removal in order to permit the application to be consistent with other applicable Ashland Land Use Ordinance requirements and standards, including but not limited to applicable Site Design and Use Standards and Physical and Environmental Constraints. The Staff Advisor may require the building footprint of the development to be staked to allow for accurate verification of the permit application; and 2. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of sutiace waters, protection of adjacent trees, or existing windbreaks; and 3. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject properly. The City shall grant an exception to this criterion when alternative to the tree removal have been considered and no reasonable alternative exists to allow the properly to be used as permitted in the zone. Nothing in this section shall require that the residential density be reduced below the permitted density allowed by the zone. In making this determination, the City may consider alternative site plans or placement of structures of alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with the other provisions of the Ashland Land Use Ordinance. 4. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to AMC 18.61.084. Such mitigation requirements shall be a Planning Action PA # 2010-00992 Applicant: Heiland Hoff Ashland Planning Division - Staff Report Page 7 of 9 condition of approval of the permit. IV. Conclusions and Recommendations Staff are generally supportive of the relocation of the driveway access to Allison Street, and of the applicant's efforts to work with the Historic Commission's review board to arrive at a compatible design. However, in our view two relatively significant issues remain: 1) The orientation of the gable end of the roof over the garage entry and the use of a repetition of similar windows on the gable end of the home seems counter to the directional expression, sense of entry and rhythm of openings in the neighborhood and broader district and seems to add emphasis to the home's mass, bulk and scale on the Allison Street frontage. 2) While the applicant notes that they intended to have a primary directional expression and sense of entry to Gresham Street to mirror on a smaller scale that of the Victorian home across the street at 91 Gresham Street, staffbelieves that additional emphasis is needed in the form of some additional windows, a stronger porch element or other architectural treatment if this entry is truly to be given primacy over the Allison Street garage entry. Should the Planning Commission concur with staff, we would recommend that some specific direction be provided to the applicants with regard to design modifications which could address these two areas of concern, and that the matter be continued to the November meeting of the Planning Commission to allow for consideration of the design with modifications. However, should the Commission believe that the proposed design has adequately addressed all standards and merits the approval of a Conditional Use Permit to exceed the Maximum Permitted Floor Area and Tree Removal Permit, staff would recommend that the following conditions be attached to the approval: 1) That all proposals of the applicant be conditions of approval unless otherwise modified herein. 2) That the plans submitted for the building permit shall be in substantial conformance with those approved as part ofthis application. Ifthe plans submitted for the building permit are not in substantial conformance with those approved as part of this application, an application to modify the Conditional Use Permit approval shall be submitted and approved prior to issuance of a building permit. 3) That all recommendations ofthe Historic Commission from their October 6th meeting, where consistent with applicable standards and with final approval by the Staff Advisor, shall be conditions of approval unless otherwise modified herein. 4) That all recommendations of the Tree Commission from their October ih meeting, where consistent with applicable standards and with final approval by the Staff Advisor, shall be conditions of approval unless otherwise modified herein. 5) That the applicant shall obtain all necessary demolition permits prior to commencing demolition, and that any necessary demolition inspection approvals shall be obtained by the applicants. 6) That the building plan submittals shall include: a) Solar setback calculations demonstrating that all new construction complies with Solar Setback Standard B in the formula [(Height-16)/(0.445 + Slope) = Required Solar Setback] and elevations or cross section drawings clearly identifying the Planning Action PA # 2010-00992 Applicant: Heiland Hoff Ashland Planning Division - Staff Report Page 8 of 9 highest shadow producing point(s) and the height(s) from natural grade. b) Lot coverage calculations including all building footprints, driveways, parking, and circulation areas. Lot coverage shall be limited to no more than the 65 percent allowed in the R-2 zoning district. 7) That prior to the issuance of a building permit: a) That the tree protection measures shall be installed according to the approved plan, inspected, and approved by the Staff Advisor prior to any site work, demolition, or storage of materials. b) That the property owner shall sign in favor of local improvement districts for the future street improvements, including but not limited to sidewalks, parkrow, curb, gutter and storm drainage, for Gresham Street prior to the issuance of a building permit. c) That the requirements of the Ashland Fire Department that adequate fire flow shall be provided shall be satisfactorily addressed. Fire flow requirements are to be determined based on area calculations using the final building plan submittals. 8) That prior to the issuance of a certificate of occupancy: a) That street trees, one per 30 feet of street frontage, shall be installed in the parkrow along both frontages prior to the issuance of a certificate of occupancy. Street trees shall be placed to accommodate future parlaow and sidewalk installation along Gresham Street. All street trees shall be chosen from the adopted Street Tree List and shall be installed in accordance with the specifications noted in Section E of the Site Design and Use Standards. The street trees shall be irrigated. b) That the driveway curb cut on Gresham Street shall be closed, and the new driveway curb cut on Allison Street installed, under permit from the Public Works Department. The applicant shall obtain all necessary Public Works inspection approvals for work within the right-of-way prior to the issuance of a certificate of occupancy. c) That all exterior lighting shall be directed on the property and shall not directly illuminate adjacent proprieties. Light fixture type and placement shall be clearly identified in the building plan submittals. d) That prior to the conversion of existing rental units into for-purchase housing through the demolition of the duplex and construction of a single family residence, the applicants shall provide evidence of compliance with the tenant rights provisions of Chapter I 0.115 of the Ashland Municipal Code. e) That the electric service shall be installed underground to serve the home prior to the issuance of a certificate of occupancy. The electric service plan shall be provided with the building permit submittals for the review of the Building, Planning and Electric Departments. f) Replacement trees to mitigate the trees removed shall be planted on-site and irrigated according to the approved plan, or payment in lieu of mitigation planting provided, as proposed by the applicant. Planning Action PA # 2010-00992 Applicant: Heiland Hoff Ashland Planning Division - Staff Report Page 9 of 9 From: To: CC: Date: Subject: Attachments: Derek Severson Colin Swales Derek Severson 10/12/2010 1:21 PM Re: Citizen Letter for 400 Allison? TCrec.doc; Allison_ 400_PA-201O-00992_HC Recommendations.doc Colin, I'm attaching the comments from Historic Commission, as you requested, along with those from the Tree Commission. I'll pass your suggestion along to the Planning Commission tonight to see if they want to request additional elevation perspectives. Thanks, - Derek Derek Severson, Associate Planner City of Ashland, Department of Community Development 20 East Main Street, Ashland OR 97520 (541)552-2040 or (541)488-5305, TTY: 1-800-735-2900 FAX: (541) 552-2050 This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records law for disclosure and retention. If you have received this message in error, please contact me at (541)552-2040. Thank you. >>> Colin Swales <colinswales@.)qmail.com> 10/8/201012:39 PM >>> Thanks Derek, It would be very useful if the architect could provide some elevation drawings that show his client's proposal compared to its immediate neighbors - with a comparative ground floor level etc. I know that the slick programs used nowadays can easily generate a 3D perspective or even walk-through/drive-by movies from anywhere. ( Rememeber the Northlight presentation when Olena Black asked for street-level view instead of the proffered birds-eye? - Applicants usually pick the most flattering ! ) It would be interesting to see this project from eye-level on Allison, say from the Frank Clark opposite, or from the adjacent sidewalk, to really see the impact of the double driveway/garage and the massive front gable elevation. The current "*View from Allison*" perspective is shown viewed from a very tall person with an eye-level at about 22 ft.on their drawing - or perhaps viewed by a normal person standing of the roof of Santini's home cattty-corner from this site. Colin October 11, 201 0 Building Department City of Ashland To whom it May Concern The proposal for a new building at 400 Allison, the corner of Allison and Gresham, is of some concern to me. My property is at 446 Allison, the adjacent lot. That lot at 400 Allison was divided years ago; the house on the back of it has proven to be quite invasive to my back yard. The person who is there needs to come onto my property when he works on certain parts of his as his house and his deck runs along my property line. He is set up to use my yard as his view. Adding another huge structure to that property will have quite a significant impact on the density of building to land ratio as well as to crowding in on my space. While appearance is a matter of taste, personally I think such a tall building right on the corner, where the hill already is gaining elevation may not look very attractive. The houses on Allison are of a fairly simple design and across Gresham, where they are more ornate and tall seems to me to be a rather different neighborhood. Also, I don't quite understand how variances are granted for additional square feet to a house. Last year, in a ditIerent part of town, the city was very strict with me about the ratio of livable space allowed in an ADD despite the fact that the structure was already there and no change was proposed to the existing footprint. My last concern, and surely one addressed by the engineers is, will building underground affect the natural water flow in that area. I would not be very happy to have the new structure create flooding under my building. TlJ.ank you for addressing my concerns. S- J ie Stewart 155 81h St. Ashland ASHLAND TREE COMMISSION PLANNING APPLICATION REVIEW October ih, 2010 PLANNING ACTION: 2010-00993 SUBJECT PROPERTY: 400 Allison Street APPLICANT: Heiland Hoff, Architect for owner Robin Biermann DESCRIPTION: A request for a Conditional Use Permit to exceed the Maximum Permitted Floor Area (MPF A) within an Historic District by 17 percent or 315 square feet. The project consists of demolishing the existing 1,144 square foot non-historic/non-contributing duplex building and constructing a new two- story 2,183 square foot dwelling with a daylight basement and two-car garage. (The Building Division has tentatively approved the demolition proposal subject to this land use approval.) The application also includes a request for a Tree Removal Permit to remove eight trees six-inches in diameter at breast height (d.b.h.) or greater. COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP #: 39 IE 09 BD; TAX LOT: 14200 Recommendation: 1) When working within the tree protection areas, tunnel under the roots rather than trenching when placing utilities and infrastructure. 2) Add one or two native trees to the planting list 3) Plant a hardier, thick-trunked species on the Gresham side of the parcel to ensure longevity and health. 4) Commission has reviewed and is supportive of the removal of 10 trees, protecting 7, planting 6 mitigation trees, and paying in lieu of mitigation plantings for 4 trees as modified by the applicant. This includes removal of a Maple and Plum at the intersection of Allison and Gresham Streets, which are not identified on the tree removal/protection plan as submitted. Mitigation to be addressed either through mitigation planting on-site, planting off-site, or payment into the Tree Fund in lieu of mitigation planting for the trees being removed in accordance with AMC 18.61.084. Department of Community Development 51 Winburn Way Ashland, Oregon 97520 www.ashland.or.us Tel: 541-488-5350 Fax: 541-552-2050 TTY: 800-735-2900 CITY OF ASHLAND CITY OF ASHLAND HISTORIC COMMISSION AS H LAN D Type II - Recommendations to Planning Commission October 6, 2010 PLANNING ACTIONS: 2010-00992 SUBJECT PROPERTY: 400 Allison Street APPLICANT: Heiland Hoff, Architect for owner Robin Biermann DESCRIPTION: A request for a Conditional Use Permit to exceed the Maximum Permitted Floor Area (MPF A) within a Historic District by 17 percent or 315 square feet. The project consists of demolishing the existing 1,144 square foot non-historic/non- contributing duplex building and constructing a new two-story 2,183 square foot dwelling with a daylight basement and two-car garage. (The Building Division has tentatively approved the demolition proposal subject to the applicant receiving land use approval for a replacement structure.) The application also includes a request for a Tree Removal Permit to remove eight trees six-inches in diameter at breast height (d.b.h.) or greater. COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP #: 39 IE 09BD; TAX LOT: 14200 Commission Recommendations: 1) That the application be continued to allow for design modifications to address the issues listed below and that the application come back to the Historic Commission and Planning Commission in November. 2) In terms of its mass, bulk, scale and volume, the proposed home has roughly 1,000 square feet of floor area where the average ceiling height approaches 24 feet. If the home were traditionally framed, with more standard ceiling heights, this would add an additional 1 ,000 square feet or more of floor area, meaning that the volume proposed is more akin to a 3,200 square foot home on a 4,900 square foot lot than that of a 2,200 square foot home. In the kitchen, there is a 12-foot plate height which significantly enhances the perceived volume of the turret element. The Historic Commission is concerned that the overall design exaggerates the home's volume beyond what is necessary to accommodate the proposed square footage in order to maximize views and provide large, high-ceilinged great rooms in a manner counter to the intent of the Maximum Permitted Floor Area ordinance and Historic District Design Standards. The Commission recognizes that the prominence of the corner lot is accentuated by the topography and makes effectively concealing the home's volume difficult, and noted that the architect has done a good job of incorporating Historic Commission input to date. However, the Commission believes that design modifications are needed to dramatically reduce the volume of the home including lowering the plate height in the turret-element of the kitchen to no more than nine feet, simplifying the lines of the building, looking at the gable alignment and the use of dormers for some upper level windows, and generally diminishing the volume, bulk and scale of the home to a degree that renders it more compatible with the neighborhood and district. 3) In addition to the larger issues raised in #2 above, the Commission also had a number of specific recommendations with regard to design details: a) The Gresham Street entrance needs a stronger sense of presence to give stronger cues for a sense of entry on Gresham. The Commission would like to see side-lights added to the door at this entry. In addition, the Commission has concerns that the clustering of utility meters on the most prominent wall and the lack of windows detracts from the home's presence in the streetscape, and recommends that a consistent plate line and additional windows be included in the design. b) The windows on the Allison Street fagade, over the garage, have too great a ratio of window area to wall surface and give a very contemporary feeling to this elevation. This could be better addressed with a less gridded placement, more tightly grouping the windows in threes, with a more simplified style and less variation in type (i.e. simple double-hung sashes would be preferred). The Commission noted that a window placement more like that noted on sheet A7.3 with a single casing and one crown over a more tight grouping of three windows would be more compatible. The Commission emphasized that a continuity of window sizes and plate heights was important, and also noted concerns with the pinching of window crowns into the gable. c) In terms of trim, the corner boards and casings shown are too narrow to be historically compatible, and more detail of historically-compatible exterior trim is needed. d) The turret element that provides kitchen space is not cohesive with the rest of the design due to its plate height, shape and materials. The plate height results in it dominating other elements of the design, and the Commission recommends that it be reduced to a more compatible nine-foot plate height. The Commission noted that a more cohesive plate height might allow a simplification of roof lines on the Gresham Street fagade. us c:: 0 ~ <( 0 0 "<t ('I) 0'> 0'> 0 0 0 ..... 0 N, .. <( a.. o ..... o ~ ~ o ..... o ..... o ~ ~ o ..... o ..... o ~ ~ ..... o ..... o ~ ~ o ..... o o ~ ~ '<"" o ..- o ~ CD a ..- o ..... o ~ !e o ..- o ..- o ~ !e o ..- u5 c: o ~ <l: o o '<t M 0> 0> o o I o ..... o ('\/1 ~ o ..- o ~ o ..- o ..- o ~ o ..- o ..- o ~ o ..- o ..- o ~ o ..- ...; (J) c o Jg <( o o 'V ('I') 0) 0) o o I o ..- o ('\I, <( a... o .... o ~ !Q o .... II) 0> c: :2 '5 .0 Itl ~ Itl >- .0 m c: o ..- o ~ !Q o .... o .... o ~ !Q o .... .... en c: o ,!!l ~ o o "<t C") 0> 0> o o I o .... o N1 <( a.. o .... o ~ !Q o .... CITY Of AS LAN Planning Department, 51 Winl.._., I vvay, Ashland, Oregon 97520 541-488-5305 Fax: 541-552-2050 www.ashland,or,us TTY: 1-800-735-2900 PLANNING ACTION: 2010-00992 SUBJECT PROPERTY: 400 Allison Street OWNER/APPLICANT: Heiland Hoff, Architect for owner Robin Biermann DESCRIPTION: A request for a Conditional Use Permit to exceed the Maximum Permitted Floor Area (MPFA) within an Historic District by 17 percent or 315 square feet. The project consists of demolishing the existing 1,144 square foot non-historic/non-contributing duplex building and constructing a new two-story 2,183 square foot dwelling with a daylight basement and two-car garage. (The Building Division has tentatively approved the demolition proposal subject to this land use approval.) The application also includes a request for a Tree Removal Permit to remove eight trees six-inches in diameter at breast height (d.b.h.) or greater. COMPREHENSIVE PLAN DESIGNA TlON: Low Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP #: 39 1E 09 BD; TAX LOT: 14200. NOTE: The Ashland Historic Commission will also review this Planning Action on October 6, 2010 at 6:00 PM in the Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way. NOTE: The Ashland Tree Commission will also review this Planning Action on October 7, 2010 at 6:00 p.m. in the Community Development and Engineering Services building (Siskiyou Room) located at 51 Winbmn Way. ASHLAND PLANNING COMMISSION MEETING: Fnopt!:rty lin"" o.r~for~ftrtn.ce onlll. not .sea/eablt!: Notice is hereby given that a PUBLIC HEARING on the following request with respect to the ASHLAND LAND USE ORDINANCE will be held before the ASHLAND PLANNING COMMISSION on meeting date shown above. The meeting will be at the ASHLAND CIVIC CENTER, 1175 East Main Street, Ashland, Oregon. The ordinance criteria applicable to this application are attached to this notice, Oregon law states that failure to raise an objection concerning this application, either in person or by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow this Commission to respond to the issue precludes an action for damages in circuit court, A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost, if requested. A copy of the Staff Report will be available for inspection seven days prior to the hearing and will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Department, Community Development and Engineering Services, 51 Winburn Way, Ashland, Oregon 97520. During the Public Hearing, the Chair shall allow testimony from the applicant and those in attendance concerning this request. The Chair shall have the right to limit the length of testimony and require that comments be restricted to the applicable criteria. Unless there is a continuance, if a participant so requests before the conclusion of the hearing, the record shall remain open for at least seven days after the hearing, In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Administrator's office at 541-488-6002 (TTY phone number 1-800-735-2900). Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to the meeting, (28 CFR 35.102.-35.104 ADA Title I), If you have questions or comments concerning this request, please feel free to contact the Ashland Planning DiVision, 541-488-5305. 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. TREE REMOVAL 18.61,080 Criteria for Issuance of Tree Removal- Staff Permit An applicant for a Tree Removal Permit shall demonstrate that the following criteria are satisfied. The Staff Advisor may require an arborist's report to substantiate the criteria for a permit. A. Hazard Tree: The Staff Advisor shall issue a tree removal permit for a hazard tree if the applicant demonstrates that a tree is a hazard and warrants removal. 1, A hazard tree is a tree that is physically damaged to the degree that it is clear that it is likely to fall and injure persons or property. A hazard tree may also include a tree that is located within public rights of way and is causing damage to existing public or private facilities or services and such facilities or services cannot be relocated or the damage alleviated. The applicant must demonstrate that the condition or location of the tree presents a clear public safety hazard or a foreseeable danger of property damage to an existing structure and such hazard or danger cannot reasonably be alleviated by treatment or pruning, 2, The City may require the applicant to mitigate for the removal of each hazard tree pursuant to AMC 18,61.084. Such mitigation requirements shall be a condition of approval of the permit. ' B. Tree that is Not.a Hazard: The City shall issue a tree removal permit for a tree that is not a hazard if the applicant demonstrates all of the following: 1. The tree is proposed for removal in order to permit the application to be consistent with other applicable Ashland Land Use Ordinance requirements and standards, including but not limited to applicable Site Design and Use Standards and Physical and Environmental Constraints. The Staff Advisor may require the building footprint of the development to be staked to allow for accurate verification of the permit application; and 2. Removal of the tree will not have a significant negative impact on erosion, soil stability, flow of sutiace waters, protection of adjacent trees, or existing windbreaks; and 3. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subject property. The City shall grant an exception to this criterion when alternatives to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone, Nothing in this section shall require that the residential density be reduced below the permitted density allowed by the zone. In making this determination, the City may consider alternative site plans or placement of structures or alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with other provisions of the Ashland Land Use Ordinance. 4. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to AMC 18.61.084. Such mitigation requirements shall be a condition of approval of the permit. (ORD 2951, 2008; ORD 2883, 2002) G:lcomm-devlplanninglNotices Mailed\20 1 0\20 1 0-00992.doc Easy Peel@ Labels . A Bend along line to ~ AVERV@ 5160@ 1 Use Avery@ Template 5160@ Feed Paper expose Pop-Up Edge™ PA-20 1 0-00992 391E09BD 10500 PA-201O-00992 391E09CA 1200 PA-2010-00992 391E09BD 14500 ASHCRAFT SANTINA ASHLAND CHANTICLEER LLC BARTH RICHARD M TRUSTEE 71 GRESHAM ST 120 GRESHAM 91 GRESHAM STREET ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-20 1 0-00992 391E09BD 14200 PA-2010-00992 391E09BD 14000 PA-20 I 0-00992 391E09BD 8800 BIERMANN ROBIN TRUSTEE ET DOYLE TERRY/CHIYEMI GADBOIS LAURIE A ET AL 505 GLEN DORA AVE 462 ALLISON ST 54 GRESHAM ST GLENDORA CA 91741 ASHLAND OR 97520 ASHLAND OR 97520 PA-2010-00992 391E09BD 8900 PA-20 1 0-00992 391E09BD 14300 PA-2010-00992 391E09CA 8100 GANGITANO FAMILY TRUST ET KELLY TIMOTHY P LEDBETTER PROPERTIES LLC 44 AMETHYST WAY 100 GRESHAM ST 112 NUTLEY ST SAN FRANCISCO CA 94131 ASHLAND OR 97520 ASHLAND OR 97520 PA-20 1 0-00992 391E09CA 1300 PA-2010-00992 391E09BD 13900 PA-2010-00992 39lE09BD 13800 LEHMANN RYAN L/ZOE D MOORE PATRICK J TRUSTEE ET NORAAS MELODY 477 FAIRVIEW ST 470 ALLISON ST 478 ALLISON ST ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2010-00992 391E09BD 10400 PA-2010-00992 391E09CA 8101 PA-2010-00992 391E09BD 10401 PATERSON THOMAS G PRUFER SUSAN BROUWER REITINGER MARK/BECKY 63 GRESHAM ST 3051 WINSLOW DR 625 B ST ASHLAND OR 97520 BEND OR 9770 I ASHLAND OR 97520 PA-20 1 0-00992 391E09BD 8700 PA-2010-00992 391E09BD 10800 PA-20 1 0-00992 391E09BD 8200 REYNOLDS D L JRlPHYLLIS B SCHOLOM PETER M TRUSTEE ET SEARLE COLLEEN D TRUSTEE ET 64 GRESHAM ST 365 VISTA S1' 477 ALLISON ST ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2010-00992 391E09BD 8600 PA-2010-00992 391E09BD 14100 PA-2010-00992 391E09BD 8400 SHISLER LENORE STEW ART JEANETTE SWALES COLIN WILLIAM 443 ALLISON S1' 155 8TH S1' 143 EIGHTH ST ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-20 I 0-00992 391E09BD 8300 P A-20 10-00992 391 E09BD 8500 PA-201O-00992 391E09BD 10300 V AN DER ZEE KIRT WIGGINTON NANCY CAROL WINCHESTER PATRICE A 469 ALLISON ST 453 ALLISON 3450 SACRAMENTO S1' 507 ASHLAND OR 97520 ASHLAND OR 97520 SAN FRANCISCO CA 94118 P A-20 I 0-00992 Heiland Hoff 1797 Anderson Crk Rd Talent OR 97540 25 ~-1.8~4 400 Allison Etiquettes fadles a peler Utilisez Ie qabarit AVERY@ 5160@ .A Sens de I Repliez a la hachure afin de I reveler Ie rebord Poo-Un™ ! www.avery.com 1.Rnn.f.iO.AVFRV ...........-....-...-.. AFFIDAVIT OF MAILING STATE OF OREGON County of Jackson The undersigned being first duly sworn states that: 1. I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On September 29, 20101 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for Planning Action #2010-00992, 400 Allison Street. G:\comm.devlplanning\TemplateslAffidavit of Mailing_Planning Action Notice,doc 91291201 0 HEILAND HOFF ARCHITECTURE specializing in winery, commercial, and residential projects September 2,2010 City of Ashland Planning Department 20 E. Main St. Ashland, OR. 97520 Re: Supplemental Written Findings: Conditional Use Permit Biermann Residence 400 Allison Street Dear Derek: This letter addresses comments from your letter regarding incomplete items in our Conditional Use Permit application package. A. The use will 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. 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. Our application package included a map of existing City utilities. The proposed single family dwelling will consume less resources than the existing duplex. C. 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. 1. Similarity in scale, bulk, and coverage. Our proposal exceeds the MPF A by 17 percent. However, it would be possible to exceed our proposed scale, bulk, and coverage and not exceed the MPF A. Our proposal is 4 feet shorter than the maximum allowable building height in the historic district. If the entire MPF A square footage were proposed on one level, with high ceilings, it would be possible to exceed our proposed bulk and coverage and still not exceed the MPF A. As we discussed in our written findings, under the heading "Scale and Bulk", the proposed dwelling will be less square footage than the houses on three sides. The two story house we are proposing will also be shorter than the three 1797 anderson creek road, talent, oregon 97540 tel. (541) 944-9639 fax. (541 )535-3588 heiland@heilandhoffarchitecture.com page 1 HEILAND HOFF ARCHITECTURE specializing in winery, commercial, and residential projects story houses on either side of it. 2. Generation of traffic and effects on surrounding streets. Our single family dwelling will generate less traffic than the existing duplex, or the multi-family housing permitted under the target zoning. 3. Architectural compatibility with the impact area. As we discussed in our written findings, under the heading "Architectural Compatibility", the proposed dwelling will be compatible with the surrounding community. 4. Air quality, including the generation of dust, odors, or other environmental pollutants. The single family dwelling we are proposing will not generate more dust, odor, or other environmental pollutants than are permitted under the target zomng. 5. Generation of noise, light, and glare. The single family dwelling we are proposing will not generate more noise, light, or glare than are permitted under the target zomng. 6. The development of adjacent properties as envisioned in the Comprehensive Plan. The proposed single family dwelling will not impact 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. We will address other factors found to be relevant by the Hearing Authority for review of the proposed use as they are brought to our attention Historic District Design Standards Some of the concerns raised by staff in the pre-application remain; in particular, we are still proposing to put the garage in the basement. If it were possible to put it anywhere else, it would be desirable to not put it in the basement purely from a cost standpoint, since that is the most expensive place to put it. The owner is very concerned about the cost impact of this configuration. However, we have been working on this plan since last April and have carefully considered all our design options, and this is the only configuration which provides the client with the square footage he requires. Since lot coverage, scale and bulk are important considerations, one must consider how much larger the house would look if the garage was on the first floor instead of in the basement. The first floor would have to be bigger, and we are already pressing the lot coverage limits imposed by the setbacks on four sides. On a small comer lot with so many setbacks, carving the garage out of the first floor doesn't leave adequate room left over for much habitable space. It would thus require building a larger second floor in order to obtain the desired square footage, since so much of the building footprint would be taken up by the garage. This would increase the scale and bulk as well as the building height. 1797 anderson creek road, talent, oregon 97540 tel. (541) 944-9639 fax. (541 )535-3588 heiland@heilandhoffarchitecture.com page 2 HEILAND HOFF ARCHITECTURE specializing in winery, commercial, and residential projects Even if the City permitted us to grandfather in and use the existing non-compliant curb cut, putting the garage off of Gresham Street so close to the intersection is dangerous and undesirable. There is a fence at the property line that obscures traffic coming down Gresham Street. The elderly Owner isn't comfortable backing his car onto a heavily trafficked street with his vision obscured by the fence. Placing a garage on the existing curb cut would require a sharply curved approach to the garage in order to fit within the 2-story rear yard setback. This isn't an issue with the current duplex because there is no covered parking; the tenants park in the rear yard setback area. There is no historic precedent for putting a garage on a busy arterial street when a quiet residential street is available. We have submitted substantial evidence that this meets the historical precedent set by similar properties within the historic district. We have worked closely with the Historic Commission to develop a plan that is compatible with the historic standards of the surrounding community. Putting the garage in the basement solves all these problems. The layout we are proposing would be permitted by the zoning if we did not exceed the MPF A. Derek's letter makes reference to the gable height and alignment. This is a function of the roof pitch. We started out with a 4:12 roof pitch, but went to an 8:12 pitch on the recommendation of the Historic Commission. To mitigate the additional gable height that results from the change in roof pitch, we have brought the top plate of the second floor down to a mere 6'-0" A.F.F.; it is not practical to lower it even further, since there are bathroom mirrors to be considered, and the owner doesn't want the feel of living in an attic. We have broken the roof plan into many small gables, not only to increase visual interest, but also to shorten the building. Our original design also had the ridge running the other way. We changed it in order to shorten the building; a gable is shortest when the ridge runs in the long direction. There are also view considerations: the views of Grizzly Peak can better be appreciated through gable end windows than through dormers. Tree Protection Plan A list of the documents which together make up the tree protection plan package can be found in my letter dated August 3, 2010 with the heading Re: Tree Protection Plan, which was submitted with our original CUP application. ill our original CUP submittal, the canopy of tree 16 shown on Sheet Al.l did not match the tree protection zone described by the arborist. This has been corrected. Fencing placement has been added to our revised Sheet Al.l. 1797 anderson creek road, talent, oregon 97540 tel. (541) 944-9639 fax. (541 )535-3588 heiland@heilandhoffarchitecture.com page 3 HEILAND HOFF ARCHITECTURE specializing in winery, commercial, and residential projects Lot Coverage A new sheet, Sheet AlA, was added to the CUP drawing submittal set. This sheet breaks down the different types of impermeable surfaces by square footage, and includes the landscape steppers as well as the Allison walkway and stoop, the Gresham walkway and stoop, the stoop in the backyard, the driveway apron, and the building footprint. The gravel pave area was changed to lawn to create more permeable surfaces. The landscape areas including lawn now equal 46 percent of the lot. Please note that the calculations shown on Sheet AlA do not include the landscaped areas and walkways along the street, which are outside ofthe property lines. The irrigation plan and planting plan were revised accordingly. Functionality of Recreation Space The gravel pave area was removed from our plan and replaced with lawn. New Sheet AlA shows that the lawn exceeds the required area for outdoor recreation space. The irrigation plan and planting plan were revised accordingly. Applicant's Statement of Completeness We have reviewed and filled out the Applicant's Statement of Completeness form. We look forward to discussing this project with all interested parties. If you have any questions or concerns, please feel free to contact me. You may reach me at (541) 944-9639. Sincerely, L \~\~~~~ ~_. Heiland Hoff Principal Architect 1797 anderson creek road, talent, oregon 97540 tel. (541) 944-9639 fax. (541 )535-3588 hei land@heilandhoffarchitecture.com page 4 ~fn ~ ,~,\~S~T Ilf~@ (Su.. .~ '" ~ u.. In1 ~ ~ J'! = :z: IslI ~ ~ t!I' ~., ~ AiM d I,'):]II !tp~ ~ ~ ~ E5 i ~ ~ eel ~ a ~ ~ ~ ~ ~~ @J S E5 l!~! tH! 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OJ2~B ~]~~ il!l Date Received (to be completed bv staff) Applicant's Statement of Completeness (To be completed by the Applicant and returned to the City of Ashland Planning Division) Re: PA #2010-00993,400 Allison Street Date Application Expires: January 30, 2011 Pursuant to an Incompleteness Determination, I, the undersigned applicant or agent for the applicant, elect one of the three options below by initiating: (~ (Initial if elected) 1. Submit All of the Missing Information I am submitting all of the information requested in the Incompleteness Determination letter. Unless checked below, I am requesting that the City of Ashland Planning Division review this additional information within 30 days of submission to determine whether the application is complete, I understand that this 3D-day review for completeness period for the new information preserves my opportunity to submit additional materials, should it be determined that the application is still incomplete after the second review. (Note: the 12D-day period for the City of Ashland's final determination of compliance with applicable criteria does not commence until the additional review for completeness period is completed,) (Check if desired) D I waive further review of the information submitted for completeness and direct review of the information submitted for compliance with the Community Development Code criteria, regardless of whether the application is, in fact, later determined by the staff toe be incomplete, I understand that by checking the above statement the application will be evaluated based upon the material submitted and no notice of any missing information will be given, If material information is missing from the application, the application will fail to meet the burden of showing that all criteria are met and the , application will be denied. Planning Division 20 E. Main Street Ashland, Oregon 97520 www.ashland.or.us Tel: 541-552-2040 Fax: 541-552-2050 TTY: 800-735-2900 seversod{1D.ashland .or. us CITY OF ASHLAND August 20,2010 Heiland Hoff, Architect 1797 Anderson Creek Road Talent, OR 97540 Re: P A #201 0-0099~ for the property located at 400 Allison Street Incompleteness Determination Dear Mr. Hoff, I have reviewed the August 3, 2010 submittals for your application for a Conditional Use Permit to exceed the Maximum Permitted Floor Area (MPF A). After examining the materials presented, I have determined that the application is incomplete because the information listed below was not provided. Incomplete applications are subject to delay in accordance with ORS 227.178. The application cannot be further processed and deemed complete until the missing information is submitted or the applicant indicates that the missing information will not be provided. Findings Addressing the Conditional Use Permit Criteria in AMC 18.104.050 While the application provides narrative addressing a number of applicable items, there needs to be a complete written response to each of the following criteria for the approval of a Conditional Use Permit: 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. Planning Division 20 E. Main Street Ashland, Oregon 97520 www.ashland.or.us Tel: 541-552-2040 Fax: 541-552-2050 TTY: 800-735-2900 seversod!1i!ashland .or, us \ Historic District Design Standards The Maximum Permitted Floor Area (MPFA) limitation is intended to preserve the historic character of Ashland's National Register historic districts by insuring that development is architecturally and historically compatible with historic development patterns and fit well into the fabric of these well-established historic neighborhoods. As such, in addition to the Conditional Use Permit approval criteria listed above, applications are also required to address the Historic District Development Standards in terms of compatibility with the historic neighborhood context in terms of height, scale, massing, setbacks, roof shape, rhythms of openings, directional expression, sense of entry, imitation, etc. For projects requiring a Conditional Use Permit, the authority exists in law for the Planning Commission to require design modifications to address these standards. While staff concur with the Historic Commission Review Board that the design modifications since the pre-application have moved the design in the right direction, some of the concerns raised in the pre- application remain. The placement of the garage off of Allison Street, with a substantial cut and retaining wall, does not seem consistent with the established rhythm of openings or sense of entry in the vicinity, and the alignment of the roof gable directly over this garage opening, glazing placement and high ceilings seem to significantly increase the perceived height and mass on the Allison Street frontage. Staff believes that a garage placement behind the structure would be more consistent with the neighborhood pattern, and if that option were pursued the existing driveway location could be considered to be grandfathered and thus not subject to the normally required separation from the intersection. As currently designed, staff are not certain that we would be able to support the requested Conditional Use Permit to exceed the Maximum Permitted Floor Area in the hearings before the Historic and Planning Commissions. Tree Protection Plan No Tree Protection Plan has been provided. The Demo Plan identifies the trees by number corresponding to the arborist's report, however the canopies shown do not in all cases correspond to the tree protection zones described by the arborist, and the placement of tree protection fencing is not shown. Fencing placement needs to be clearly shown both to allow the Tree Commission's review in determining that the proposed protection is adequate and complies with the standards, and for staff' to verify proper installation of protection fencing at a "Tree Verification" inspection prior to any sitework. Tree protection fencing will need to take into consideration how fencing is to be placed on the property, considering the protection zones as they relate to sidewalk circulation, adjacent property lines, etc. Lot Coverage As defined in AMC 18,08.160, lot coverage includes the total area of not just buildings and driveways but other coverage including parking areas and other solid sutiaces that will not allow normal water infiltration to the ground, Landscaping which does not negatively impact the natural water retention and soil characteristics of the site isn't considered to be lot coverage but virtually all other sutiace treatments are considered coverage. The proposed "Gravel Pave" area and the "landscape pavers", as well as stairs and walkways, need to be included in lot coverage calculations in demonstrating that the proposal complies with the allowed 65 percent maximum lot coverage for the R- 2 zoning district. Functionality of Recreation Space A minimum of 393 square feet of functional recreational space is required to satisfy the eight percent required by the Site Design & Use Standards. The application proposes to address this through the use of a combination of a landscape paver area and a "Gravel Pave" system. Because "Gravel Pave" is unfamiliar to Planning Commissioners - with only one known Planning Division 20 E. Main Street Ashland, Oregon 97520 www.ashland.or.us Tel: 541-552-2040 Fax: 541-552-2050 TTY: 800-735-2900 seversod{iilash land .or. us IF.' Ashland installation for a parking area - the application should provide documentation that the surface is suited to recreational use. Staff is uncertain that the combination of an injection-molded grid system and gravel will be seen as a "suitable surface for human use" without supporting information. To continue the Planning Department's review of your application, you must select and complete one of the following three options: 1. Submit all of the missing information; 2. Submit some of the requested information and give the City of Ashland Planning Division written notice that no other information will be provided; or 3. Submit written notice to the' City of Ashland Planning Division indicating that no other information will be provided. Please note that failure to complete one of the three options within 180 days of the application submittal date (August 3, 2010) will result in your application being deemed void. The application will be deemed void if the additional information is not submitted by January 30, 2011. I have enclosed a form, entitled the "Applicant's Statement of Completeness". Please review the enclosed form and return it to me with any additional material you will be submitting. Your application will not be further processed until the Applicant's Statement of Completeness form is completed and received by the City of Ashland Planning Division. If you have questions or if I can provide any further information, assistance or clarification, please contact me at 552-2040 or seversod@ashland.or.us. Sincerely, Derek Severson Associate Planner Encl: Applicant's Statement of Completeness Cc: File; Owner Planning Division 20 E. Main Street Ashland, Oregon 97520 www.ashland.or.us Tel: 541-552-2040 Fax: 541-552-2050 TTY: 800-735-2900 seversodC1v.ashland .or. us >>> Terry Doyle <terrydarc@yahoo.com> 8/16/20103:53 PM >>> Thanks, Derek. The applicants have done a great job in presenting their plans. Two concerns. First, have the views for traffic been considered? Like pulling onto Gresham from Allison, trying to see uphill? Second, my general impression is that it's a major improvement overall but there is a little concern that it's maybe a bit large for the lot size. -Terry Doyle -462 Allison -Ashland, OR / / // /I / // // j / / / //~~ / / / /' ///rj/; / / t; I / / / / /1;. 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U WCI.l 0 0 ~ ~ ~~~~ ~gs ~ ~ ~ 8::~~5 ~t1j ~~ ffir~@ ~~gmm~r~~_ ~sg~~~~ ~~~~~g~~~~ ~fww~~~~~~~~~IO~~~ w ~~5~~~~8~~~~~~~g~~ ~ ~~~ww~ffiwro~~~OB~ill<~ ~ ~g~~~Q~~~~~~~mQ~~~ g ~ ~~~~ndg~~~~~~~~~fu5 ~ G rY: rY: <{ u.. G~~CI.l 3~o~~~ ~ ~~~ wuwxffis~~~ ~g2$Z~~@ ~~~~5u5~~~~~~~~~fu> >- ~~ rY:0.. O<{ Z:;< J- rY: <{ a.. LJ ..... ::: '? ~ en' 'a.. o<{ ..J:;< w<{ II ~ . ;;: ::: ..J mW ClZ Cl "' "' Z~ C/) i=rY: ;;: <ll a.. C/)w w ..J x!Q :r: C/) n: u C/) wC/) OZ9L6 N083tlO 'ON\ilH8\i '1.8 N081ll\i 00'17 NN\iVlltl318 NI80tl ~Nn13M(J M3N ~'" w~ a.w wa. Wa. ~w 01- 0:'" <(z I-'W i~ ~ W 0: <( :0 o '" ~ ~lli g~ G~ ,,5; <!!~ ,,-m ",M ~*ttl "'mW ~~~~ c:(ti::<cw ~.~g~ o~.......~ ~g~~ Wm.:(CI) U"<tWo ii!i1i~re oO:::w!l ~~~~ a~ill~ ~ i~~~ N :r: ?( ...J ~ u.. ~ ~ ~ -.:- . -I z <! ..J 11. W l- ii) W 11. <! u II) c z <! ..J ~ en ~ ..... o a.. <{ Cl ::J '" rY: <{ HEILAND HOFF ARCHITECTURE specializing in winery, commercial, and residential projects July 15, 2010 City of Ashland Planning Department 20 E. Main St. Ashland, OR. 97520 Re: Conditional Use Permit Biermann Residence 400 Allison Street To whom it may concern: Our project consists of demolishing an existing 1144 square foot non-historic, non- contributing duplex building, and constructing a new 2183 square foot single family dwelling. The project requires a Conditional Use Permit (CUP) in order to exceed the Maximum Permitted Floor Area (MPFA). Based upon the size of the lot, the MPFA is 1868.46 square feet. These calculations are shown on Sheet A 1 of the CUP drawing set. Our 2183 square foot proposed dwelling exceeds the MPFA by 315 square feet, or 17%. Maximum Permitted Floor Area The MPF A limitation, and the accompanying CUP process allowing discretionary approval to exceed the MPFA, are both intended to preserve the historic character of Ashland's National Register historic districts by insuring that development is architecturally and historically compatible with historic development patterns and fits well into the fabric of these well- established historic neighborhoods. It is our goal to provide a new dwelling that meets these criteria while still providing for the housing needs of the property owner who will be living there. We have been working closely with the Historic Commission to assure that our proposal tastefully blends into the existing historic neighborhood. The MPFA is based upon lot size. Our lot was originally 0.16 acres, but in 1950 the back 0.05 acres of it was carved off and sold, leaving our property with significant street frontage, but without any access to the back alley. With the exception of the tiny lot that was carved off of ours, the neighboring properties are much larger than ours. Ours is 0.11 acres; the immediate neighboring properties are 0.44 acres, 0.14 acres, and 0.15 acres. These lots contain houses of 4951 square feet, 3465 square feet, and 2235 square feet respectively. Even though our lot is smaller, we suggest that a modest 2183 square foot house would not look out of place, since it will be smaller than the houses on three sides. 1797 anderson creek road, talent, oregon 97540 tel. (541) 944-9639 fax.(541)535-3588 hei land@heilandhoffarchitecture.com page 1 HEILAND HOFF ARCHITECTURE specializing in winery, commercial, and residential projects Allison Street Garage Entry City ordinances require new houses to provide two spaces for off-street parking. Our property is the only one on the street or within the immediate vicinity that does not have access to an alley. All the other houses on the block have their garages in the back facing the alley. We don't have this option, since we have no alley access. We must either put our garage facing Gresham or Allison. Since Gresham is a main arterial street, the minimum distance from the intersection to the closest driveway is 50 feet. That would put the driveway outside the buildable envelop allowed by the building setbacks. (See Sheet A1.2.) Allison is a quiet residential street, so it would make sense to locate the garage facing it. On residential streets like Allison, the minimum distance from the intersection to the closest curb cut is only 35 feet, which means the driveway will fit within the buildable envelope. Based upon minimum curb cut distances and minimum building setbacks, the only place where city ordinances allow covered off-street parking on this lot is facing Allison, at the Northeast corner of the property, exactly where we are proposing to put it. 1797 anderson creek road, talent, oregon 97540 tel. (541) 944-9639 fax. (541 )535-3588 heiland@heilandhoffarchitecture.com page 2 HEILAND HOFF ARCHITECTURE specializing in winery, commercial, and residential projects It should be noted that the existing curb cut is off of Gresham street. This is neither safe nor aesthetically desirable. It is not in compliance with city ordinances, since it is less than 50 feet from the intersection. This creates a traffic hazard by making cars back into a main arterial street much too close to the intersection. The other houses at that intersection do not have garages opening onto this busy arterial street; they have garages facing alleys or quiet residential streets such as Vista. The existing curb cut services a gravel parking area that is up against the South property line. A new garage cannot be built there, because it would be outside the allowable rear setback line. Thus we are asking to abandon the existing curb cut. 1797 anderson creek road, talent, oregon 97540 tel. (541) 944-9639 fax. (541 )535-3588 heiland@heilandhoffarchitecture.com page 3 HEILAND HOFF ARCHITECTURE specializing in winery, commercial, and residential projects Putting the new curb cut on Allison presents a problem, because the earth rises sharply from Allison Street, gaining approximately eight feet in twenty. This is much too steep for a driveway. The garage must therefore be submerged in the ground. None of the other houses on our block have basement garages; all of their garages face the alley in the back. However, since Ashland is a hillside community, there is a lot of precedent for submerged garages within the historic district. They take two forms. In the first form, the garage is detached from the house, usually right up against the property line, with the house behind it. This form occurs only where the garage was constructed prior to current setback ordinances, because it is no longer allowed to build a garage within the 20 foot setback area. Under current city ordinances, we would not be allowed to build this kind of garage. 1797 anderson creek road, talent, oregon 97540 tel. (541) 944-9639 fax. (541 )535-3588 hei land@heilandhoffarchitecture.com page 4 HEILAND HOFF ARCHITECTURE specializing in winery, commercial, and residential projects The other historical method of submerging a garage is to put it in the basement under the house. This is the only type of garage that we can build on our site and stay in compliance with city ordinances. Thus, of the three possible types of garages, we have chosen to put the garage in the basement under the house. Scale and Bulk As we discussed under the heading Maximum Permitted Floor Area, the proposed dwelling will be less square footage than the houses on three sides. Only the 800 square foot house on the tiny 0.05 acre lot behind us will be smaller, and this will blend historically because that lot was originally the coach house for the adjoining property. At 26'-2", the two story house we are proposing will also be shorter than the three story houses on either side of it. 1797 anderson creek road, talent, oregon 97540 tel. (541) 944-9639 fax. (541 )535-3588 hei land@heilandhoffarchitecture.com page 5 HEILAND HOFF ARCHITECTURE specializing in winery, commercial, and residential projects Architectural Compatibility We met several times with the historic commission to help establish the architectural style for our proposed dwelling. The challenge was to find a level of ornamentation that would look compatible with the highly-decorated Victorian mansion across the street (91 Gresham) but would still blend with the elegant simplicity of the other historic buildings on Allison. Some common elements we borrowed for our design include the 8: 12 roof pitch, the combination of hips and gables, the multiple layers of roof planes, and the window size, shape, and spacing (rhythm of openings). Beyond that, we mostly replicated the simplicity of the Allison Street structures, but added ornamental swing out carriage doors for the garage (as opposed to roll-up doors), craftsman style arched korbels with layered barge boards at the rakes, half-round copper gutters and downspouts, and custom windows employing a combination of tri-part and bi-part craftsman-style glazing divisions. (See elevations.) 1797 anderson creek road, talent, oregon 97540 tel. (541) 944-9639 fax.(541)535-3588 heiland@heilandhoffarchitecture.com page 6 HEILAND HOFF ARCHITECTURE specializing in winery, commercial, and residential projects Setbacks and Directional Expression Situated on the corner of Gresham Street and Allison Street, our lot is an odd shape because Allison intersects Gresham at a 60 degree angle. Any angle less than 90 degrees presents special design challenges for the architect. The property is surrounded by roughly rectangular houses on roughly rectangular lots. Our lot is roughly triangular, so it is inevitable that our proposal will look a little different than our neighbors. Because a hexagon is based upon 60 degree angles, it was only natural that we fit a hexagonal room into the acute angle formed by the setback lines. (We also noted that the letterhead of the historical commission features a beautiful old house with a hexagonal tower of approximately the same size and shape as our proposed kitchen turret.) Behind the kitchen, we used a series of stepped-back walls to roughly follow the setback line along Gresham. The multiple layers of walls and roof heights create visual interest. In determining the directional expression of our entry, we followed the precedent set by the three other corner houses at that intersection. All of them have their primary entries facing Gresham Street. Of course, all the other houses on Allison have their primary entries facing Allison, but that is because they are not corner lots. 91 Gresham, the Victorian mansion across the street, has its primary entry facing Gresham and its garage doors facing Vista. (Vista and Allison are essentially the same street; it changes names when it crosses Gresham.) Since 91 Gresham is the oldest and most magnificent house in the immediate neighborhood, it seemed logical to emulate its directional expression by mirroring it on a smaller scale. The sense of entry of all the historic homes in the vicinity is expressed by a front porch. They also may have a side porch and a back porch. We have our primary front porch facing Gresham, with a small side porch facing Allison and a back porch facing the back yard. The least-attractive side of our proposed house is the East elevation, which is right up against the sideyard setback on the East property line. This elevation contains only six small windows (see Sheet A 7.4). This wall faces another tall blank wall, the three story West wall of 446 Allison, a three unit apartment. It should be noted that the tenants of that apartment house will be no more eager to have us looking into their windows than we are eager to have them looking into ours. Thus it is beneficial to have only small, high windows used primarily for bringing light and fresh air into the bathrooms. Controlled Access/Number of Curb-Cuts: In the Pre-ap application materials, we requested a new curb cut on Allison for our new garage driveway, but it was not clear what we intended to do with the existing curb cut on Gresham. If we kept it, an additional curb cut would require an Exception to Street Standards. We do not wish to retain the curb cut on Gresham, so no Exception to Street Standards is requested or required. 1797 anderson creek road, talent, oregon 97540 tel. (541) 944-9639 fax. (541 )535-3588 hei land@heilandhoffarchitecture.com page 7 HEILAND HOFF ARCHITECTURE specializing in winery, commercial, and residential projects Demolition The existing structure located at 400 Allison Street cannot be rehabilitated or reused on the site. The existing single-story structure is an 1144 square foot duplex rental with no historical or aesthetic value. The structure was constructed in 1964 using low quality materials and low-end construction techniques. A separate demolition permit application is being filed to allow its removal. Tree PreservationlProtection and Tree Removal There are presently more trees on the lot than the property can support. A number of fast- growing trees were ill-advisedly planted within inches of the foundation walls of the existing duplex; the roots of these trees have contributed to apparent structural spalling around the perimeter of the foundation. The trees have been poorly maintained and do not present an attractive appearance; they also demonstrate apparent health problems. Demolishing the existing duplex will destroy the root systems of the trees, and even if the trees survived and thrived, the roots would damage the foundation of the new dwelling. These trees will have to be removed. A Tree Removal Permit is required for the eight trees with diameters exceeding six inches. Except for the trees that were planted too close to the duplex foundation, we will save the 1797 anderson creek road, talent, oregon 97540 tel. (541) 944-9639 fax.(541)535-3588 hei land@heilandhoffarchitecture.com page 8 HEILAND HOFF ARCHITECTURE specializing in winery, commercial, and residential projects remaining trees on the property. In addition, there are several trees on the neighboring property that will require protection during construction. We will submit tree preservation plans to ensure that these trees are protected during all site disturbances. Trees that are removed must be replaced in kind. Five new trees will be planted on the property to replace the eight that are being removed. These trees will be far enough away from the new foundation so that the foundation will not be damaged by the roots. The owner will contribute to a fund to plant the remaining three trees at some other location within the city. Tenants Rights We are in compliance with the provisions of Chapter 10.115 of the Ashland Municipal Code, and tenants in the existing duplex have been furnished with copies of their tenant rights. Landscaping and Impermeable Lot Coverage A maximum of 65 percent of the lot may be covered with Impermeable surfaces. At least 35 percent of the site is required to be surfaced in natural landscape materials which permit the infiltration of water into the soil below. At least eight percent of the site is required to be outdoor recreation space. Weare in compliance with these requirements. We look forward to discussing this project with all interested parties. If you have any questions or concerns, please feel free to contact me. You may reach me at (541) 944-9639. Sincerely, Heiland Hoff Principal Architect 1797 anderson creek road, talent, oregon 97540 tel. (541) 944-9639 fax. (541 )535-3588 heiland@heilandhoffarchitecture.com page 9 HEILAND HOFF ARCHITECTURE specializing in winery, commercial, and residential projects August 3, 2010 City of Ashland Planning Department 20 E. Main St. Ashland, OR. 97520 Re: Tree Protection Plan To whom it may concern: This tree protection package includes the following: 1. An 11x17 demo plan showing which existing trees are to be protected and which existing trees are to be removed. The plan shows a. The location, species, and diameter of each tree on site and within 15'-0" of the site. b. Location ofthe drip line of each tree. (This determines the location oftree protection measures to be installed.) c. Location of existing structures. 2. An 11x17 landscape plan showing: a. Location of proposed structures b. Location of proposed plantings. c. Proposed impervious surfaces 3. An 8-1/2" x 11" Utility Plan showing the location of existing and proposed roads, water, sanitary and storm sewer, irrigation, and other utility lines/facilities and easements. 4. An 8-1/2" x I" Tree Protection Plan from Beaver Tree Service. Beaver Tree Service is the arborist who will be responsible for implementing and maintaining the approved tree protection plan. 5. Tree protection measures to be installed per AMC 18.61.230: a. Except as otherwise determined by the Staff Advisor, all required tree protection measures set forth in this section shall be instituted prior to any development activities, including but not limited to clearing, grading, excavation or demolition work, and shall be removed only after completion of all construction activities, including landscaping and irrigation installation. b. Chain link fencing a minimum of six feet tall with steel posts placed no farther than ten feet apart shall bc installcd at the edge ofthe tree protection zone or drip line, whichever is greater, and at the boundary of any open space tracts, 1797 anderson creek road, talent, oregon 97540 tel. (541) 944-9639 fax. (541 )535-3588 heiland@heilandhoffarchitecture.com page 1 HEILAND HOFF ARCHITECTURE specializing in winery, commercial, and residential projects riparian areas, or conservation easements that abut the parcel being developed. c. The fencing shall be flush with the initial undisturbed grade. d. Approved signs shall be attached to the chain link fencing stating that inside the fencing is a tree protection zone, not to be disturbed unless prior approval has been obtained from the staff advisor for the project. e. No construction activity shall occur within the tree protection zone, including but not limited to dumping or storage of materials such as building supplies, soil, waste items, equipment, or parked vehicles. f. The tree protection zone shall remain free of chemically injurious materials and liquids such as paints, thinners, cleaning solutions, petroleum products, and concrete or dry wall excess, construction debris, or m-off. g. No excavation, trenching, grading, root pruning or other activity shall occur within the tree protection zone unless approved by the staff advisor. If you have any questions or concerns, please feel free to contact me. You may reach me at (541) 944-9639. Sincerely, / 1--) 1~ t:!J ttLF' Heiland Hoff Principal Architect 1797 anderson creek road, talent, oregon 97540 tel. (541) 944-9639 fax. (541 )535-3588 heiland@heilandhoffarchitecture.com page 2 '/ ~:/ /'" '..,/ / / 400 Allison St 391 E09BD 14200 June 4, 2010 ~ Hydrant - Sanitary Sewer Utility features - Electric features - Storm Water Utility features - Water Utility features o Taxlot Identified E22"~ Public Utility Easement [ J Taxlots Streets Building Contour 2 ft interval ,r"_j 1 0 ft interval & 1:360 1 inch = 30 feet Mapping is schematic only and bears no warranty of accuracy. All features, structures, facilities, easement or roadway locations cohn"'''' h,.. 1_..J____...J_._'O'I. ,.. .. .-. ~ AND BEAVER ~ TREE SERVICE n:m.. VOICE OF TREE CARE MEDFORD 779-7072 CENTRAL POINT 664-1614 ASHLAND 488-0802 Tree Protection Plan Below is a list oftrees that are on site or within 15 of the site. The trees are either slated for removal or protection as noted. For each tree to be protected a Tree Protection Zone (TPZ) will be created as determined by Ashland Municipal Code 18.61.200. For singe-trunked trees, the size ofthe TPZ is area equal to one-foot radius from the base of the tree trunk for each inch of trunk diameter at breast height (DBH), e.g. a 10" diameter tree will have a circular TPZ with a 10' radius. Multi-trunked trees often have a DBH that exaggerates the size ofthe tree. In such cases, the drip line of the tree is a better measure of the size ofTPZ needed to protect the tree. 1. Trees to be removed. 1. Acer macrophyllum - bigleaf maple DBH: 28" Location: North-east comer of property along Allison Street. Reason for removal: The tree is unlikely to survive the project. In addition, it is already tearing up the retaining wall and pushing it into the right-of-way. 2. Acer macrophyllum -bigleafmaple DBH: 20" Location: North-east corner of house. Reason for removal: The tree has to be removed to pour the new foundation. It is also directly against the current foundation and causing it to crack. 3. Acer macrophyllum - bigleaf maple DBH: 26" Location: In front of the building near the center. Reason for removal: The tree has to be removed to pour the new foundation. It is only 21" from the current foundation and is causing it to crack. 4. Castanea dentata - American chestnut DBH: 21" Location: At north-west corner of house. Reason for removal: The tree has to be removed to pour the new foundation. It is only 2 1/2 feet from the current foundation and causing it to crack. In addition, the top third of the tree is already dead. 270 Wilson Road, Central Point, OR 97502 · www.beavertree.net CCB Number: 173614 · Tax ID Num{;~~:i2&l~63~QS~ FAMILY BEAVER ~ TREE SERVICE EREECARE™ MEDFORD 779-7072 CENTRAL POINT 664-1614 ASHLAND 488-0802 5. Acer macrophyllum - bigleafmaple DBH: 13" Location: Offwest side of house near bay window. Reason for removal: The tree has to be removed to pour a new foundation. It is only 2' from the current foundation and is causing it to crack. 6. Cedrus deadara -Deodar cedar DBH: 6" Location: Along Gresham street, west of house. Reason for removal: Although this is a healthy tree, it is the wrong tree in the wrong place. Deadar cedars are large, fast-growing trees and should not be planted under the power lines, as this one is. If not removed, this tree will be directly in the service lines and high voltage wires in just a few years. 7. Prunus lusitanica - Portuguese laurel DBH: 14" Location: In back of property, near south-east corner of house. Reason for removal: This tree will not survive the pouring of the new foundation. 8. Prunus lusitanica - Portuguese laurel DBH: 16" Location: At east side of property, near north-east corner of house. Reason for removal: This tree will not survive the pouring of the new foundation. II. Trees to be Preserved and Protected 9. Acer macrophyllum - bigleafmaple DBH: 25" Location: North-west corner of property. Radius ofTPZ: 14'. This is a multi-trunked tree so the DBH - the sum of all the diameters of the learders - exagerates the size of the tree. For this tree, the extent of the drip line - an area with a radius of 14' - defines the TPZ. The tree should be well protected with this size TPZ. 10. Malus spp. -Crabapple DBH: 6" Location: In north-west corner of property, just south of tree II 1. Radius ofTPZ: 6' 270 Wilson Road, Central Point, OR 975020 www.beavertree.net CCB Number: 173614 Tax ID Number: 20-5639553 FAMILY OWNED BEAVER ~ TREE SERVICE TCm.. VOICE OF TREE CARE MEDFORD 779-7072 @ CENTRAL POINT 664-1614 ASHLAND 488-0802 11. Ulmus pumila - Siberian elm Location: On west side of property, near curb. DBH: 11" Radius ofTPZ: 6'. This is also a multi-trunked tree so the DBH exagerates the size of the tree. For this tree, the extent of the drip line - an area with a radius of 7' - defines the TPZ. The tree should be well protected with this size TPZ. 12. Juglans regia - English walnut Location: On east property line, roughly in center of property DBH: 6' Radius ofTPZ: 6'. 13. Acer platan 0 ides - Norway maple Location: Directly on east property line. DBH: 15" Radius ofTPZ: 10'. This is a double-trunked tree with a DBH that exaggerates its size. A TPZ with ala' radius should protect this tree. 14. Betula pendula - European weeping birch Location: 446 Allison, in front yard DBH: 8" Radius ofTPZ: 8' 15. Betula pendula - European weeping birch Location: 446 Allison, in front yard, DBH: 9" Radius ofTPZ: 9'; 16. Betula pendula - European weeping birch Location: 446 Allison, in front yard, DBH: 12" Radius ofTPZ: 12' 17. Acer platanoides - Norway maple Location: At 100 Sherman Street, just over property line. DBH: 9" Radius ofTPZ: 9'. 270 Wilson Road, Central Point, OR 97502. www.beavertree.net. 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',, " ' " I " " " Ii IIII 11'1 II ,,,,, " ',' I, ,,, " " " " " I " " " " " " " " ': : I I: " " i: I ,,,,,,, .~....'.'.,'....'",,'a:.:""",'~"',' I ...... . ,.} .'. ,,'" '....'.:- ..\.,Phmning Department C I T YOF 51 Winburn Way, Ashland OR 97520 ASHLAND 541488-5305 Fax 541488-6006 Z(,. .ING PERMIT APP.LICATION FILE # PfJ- - ,;}.610 -. tJ /) 993 DESCRIPl'IONOF PROJECT CAJv p- ._~ Q~JI I DESCRIPTION OF PROPERTY Street Address 4tPO AlL / '1::GAl ~ Assessor's Map No. 3.9 1 E t::> tf fb t.J ~tlLMO i t!;7/CF-AZ?AI / Tax Lot(s) /4:1..0D Zoning ((2 Comp Plan Designation APPLICANT . I. <I ~ f\ e j 'e;?J!\.(. I r I Name \1:htW\NO \-\-e'~ Phone~' - <=J4A - Le7(033 E.Mail h~tb~Jh.o 2r4A.,'te(+~~ Address l191 ~k \\?6R5'a/N (J~:CtJ( ~O . City .n Lt::NT . Zip ~\ 1-- sA D PROPERTY OWNER Name' f&:>)$IA-I.(6/~.e-MJJ.:AIA/ Phone Address ~/?G N. 4L~,eA..AVE. .."t;t:J/Epn/$lN A) .tf;,~ - q~~ -.~tl qq E-Mail (i....~1r.A(;L;lJf1...Ni;;r City e,LhJfAiP/ZA- Zip !1}1+/ SURVEYOR. ENGINEER. ARCHITECT. LAND$CAPEARCHITECT..OTHER Title ~QG\.\\~(\ NameIAh\\~NO' t\-~Fr- Phone Address c:S~'\^J".k l\ S ~ ftpL \ e:~ " City E-Mail Zip__ Title Name Phone E-Mail Address City Zip__ I hereby certify that the statements andinfQrmatlon contained in this application, including/he (Inclosed drawings and the required findingsoffact, are in all respects, true and correct. I understand that all propeftypins mast be shown on the 'drawings and visible aponthe site Inspection. . In the event the pins are no! 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 hflaring to support this request; 2) that the f;ndlnQsof!att furn/shedjustifiesthegralltlng,of the request; 3) that the findings oUact fumished by me are aclequate; and further 4) that all structures or improvements are properly located on the ground. Failure in this rega 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 be removed at m xpense. If I have any doubts, I am advised to seek competent professional advice and assistance. ~L .~ '0(3/(0 Applicant's Signature Date I As owner of theproperty involvedln thIs request, I have read and understood the complete application and its consequences to me ~IS a property owner. - Pro arty Owner's Signature (required) . '1-/26/\0 Date Date Received ghJ/O I ( [To bo completed by Cily Slam ~- Zoning Permit Type .J., (7 ,"-/ Filing Fee $~7 0 /, MT...........l__ ^_.&l__ T....._ Contractor: Address: Phone: State Lie No: City Lie No: Sub-Contractor: Address: Phone: State Lie No: City Lie No: 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 ASHLAND