HomeMy WebLinkAboutEighth_92_PA-2011-00028
CITY OF
ASHLAND
March 8, 2011
Joseph Charter
92 Eighth St
Ashland OR 97520
Notice of Final Decision
On March 7, 2011, the Staff Advisor for the Ashland Planning Division administratively approved your
request for the following:
PLANNING ACTION: 2011-00028
SUBJECT PROPERTY: 92 Eighth St.
APPLICANT: Joseph Charter
DESCRIPTION: A request for Site Review and Conditional Use Permit to convert an
existing garage into a dwelling unit less than 500 square feet for the property located at 92 Eighth Street.
The garage is placed two feet from the C Street property line, and six feet, 10 inches from the primary
building on the lot. COMPREHENSIVE PLAN DESIGNATION: Low-Density Multi Family;
ZONING: R-2; ASSESSOR'S MAP: 39 1E 09AD; TAX LOT: 3802
The Staff Advisor's decision becomes final and is effective on the 13th day after the Notice of Final
Decision is mailed.
Prior to that date, anyone who was mailed this Notice afFinal Decision may request a reconsideration of
the action by the Staff Advisor as set forth in the Ashland Land Use Ordinance (ALUO)
18.1 08.070(B)(2)(b) and/or file an appeal to the Ashland Planning Commission as provided in the ALUO
18.108.070(B)(2)(c).
An appeal may not be made directly to the Land Use Board of Appeals. Oregon law states that failure to
raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford
the decision maker an opportunity to respond to the issue, precludes your right of appeal to LUBA on that
issue. Failure to specifY which ordinance criterion the objection is based on also precludes your right of
appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to
proposed conditions of approval with sufficient specificity to allow this Department to respond to the
issue precludes an action for damages in circuit court.
The application, all associated documents and evidence submitted, and the applicable criteria are available
for review at no cost at the Ashland Community Development Department, located at 51 Winburn Way.
Copies of file documents can be requested and are charged based on the City of Ashland copy fee
schedule.
If you have any questions regarding this decision, please contact the Department of Community
Development between the hours of 8:00 am and 4:30 pm, Monday through Friday at (541) 488-5305.
cc: Carlos Delgado 217 Fourth St Ashland OR 97520
Parties of record and property owners within 200 ft
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
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: 2011-00028
SUBJECT PROPERTY: 92 Eighth Street
APPLICANT: Joseph Charter
DESCRIPTION: A request for Site Review and Conditional Use Permit to convert
an existing garage into a dwelling unit less than 500 square feet for the property located at 92
Eighth Street. The garage is. placed two feet from the C Street property line, and six feet, 10
inches from the primary building on the lot.
COMPREHENSIVE PLAN DESIGNATION: Low-Density Multi Family;
ZONING: R-2; ASSESSOR'S MAP: 39 IE 09AD; TAX LOT: 3802
SUBMITTAL DATE:
DEEMED COMPLETE DATE:
STAFF APPROVAL DATE:
FINAL DECISION DATE:
APPROVAL EXPIRATION DATE:
January 1, 2011
January 18,2011
March 7, 2011
March 21,2011
March 21,2012
DECISION
The subject property is located at the southeast corner of Eighth and C Streets, approximately 85
feet north of East Main Street. The subject property and surrounding uses are zoned R-2, Low
Density Multi-Family Residential and are located within the Railroad Addition Historic District.
The parcel is a 6,000 square feet and rectangular in shape, with an average slope to the north of
approximately three percent.
The property contains a single-family residential home and a detached garage. The existing
simple wood-framed bungalow home was most likely built in 1909, and is a known as the "Mrs.
lK. Reader Rental House", a historic-contributing resource in the Railroad Addition District
according to the survey document. The garage is placed in the rear of the home, facing C Street
and is placed two feet from the side property line. The C Street right-of-way is 70 feet, while the
improved width is 27 feet according to the street classification document. A wide driveway curb
cut and apron is placed in front of the garage entirely within the C Street right-of-way.
There are many mature and established trees on site. Three trees in particular are relatively in
close proximity to proposed garage conversion; a Cedar placed on or near the east property
boundary, a Douglas Fir placed in the southeast corner of the lot, behind the existing home and
garage, and the other is an unidentified species placed next to the home in the C street r-o-w. The
applicant has stated that two of these trees will be protected from the construction impacts in
accordance with Chapter 18.61. The third, which may be on the property line, appears to be 18 to
20 inches D.B.H and will be required to be protected in addition to the two already proposed.
P A #2011-00028
92 Eighth St!MP
Page 1
The project requires a Conditional Use Permit (CUP) to convert the non-conforming garage into
an Accessory Residential Unit (ARU) and Site Design Review for the additional dwelling unit.
Site Review approval criteria requires that the proposed use complies with all applicable land-use
ordinances, including the Site Review Chapter (18.72) and the Site Design and Use Standards.
The maximum permitted density of the parcel is 1.8 units. This would include the existing home,
plus the proposed ARU under 500 square feet, which would count for .75 of a unit. As such,
three parking spaces are required. The applicant has proposed that the existing driveway curb cut
in front of the garage will be removed so that the applicant can claim two on-street parking
spaces on C Street, plus one on Eighth Street, for a total of three parking spaces. Three covered
bicycle parking facilities have proposed in the rear yard under the eaves of both structures; one
behind the primary building, and the other two on the side of the proposed ARU.
Currently street improvements include paving, curbs, and gutters are on both streets; however
only Eighth Street has both sidewalks and park rows currently in place. A condition will be set
that the applicant sign in favor of an LID for street improvements, including sidewalks and park
row to C Street.
One criterion of approval is that the proposed unit has an orientation to the street and be
architecturally compatible with the surrounding uses. The applicants are proposing that the unit's
entrance be provided by an arbor next to the building in lieu of having a direct entrance onto the
street. The applicant stated that with the close proximity of the structure to the property line, a
front door fronting directly into the right-of-way could interfere with pedestrian traffic and be
counter to a healthy interface with the public realm. Both the Historic Commission and staff
agree with the applicants reasoning and feel as though the arbor entry next to the building
provides adequate orientation to the street. The physical building improvements include adding
historically appropriate windows to the C street frontage, knee braces, lap siding, square
windows, and shingle siding that de-emphasizes the raised plate height of the structure. The
Historic Commission was pleased with the architectural changes that the applicant made and felt
that the conversion is appropriate for the eclectic nature of the block.
The application addresses that adequate capacity of public services is available to the site. The
applicant will install new electric service to the new unit by utilizing the current 200 Amp service
with a drop line from an existing power pole. Water and sewer lines are also proposed and
identified on the site plan provided. There is available water, storm drain and sanitary sewer
service in the adjacent public right-of-way of C Street. The applicant has proposed to construct a
new trash and recycle enclosure area within the yard area between the primary residence and the
proposed unit. The application includes a landscape and irrigation plan and the applicant has
plans to upgrade the landscaping as part ofthe proposed development.
The conversion of a garage into habitable space that is within the required setback requires a
Conditional Use Permit. Typically, a building in close proximity to a property line is required to
be a minimum three feet from the property boundary, unless fire prevention measures are taken.
In this case, building code allows a structure to be closer to the property boundary when abutting
a public street, in which the centerline of the street is considered the required distance. The
P A #2011-00028
92 Eighth St/MP
Page 2
garage is currently placed 5' 6" from the primary dwelling on site. The proposed conversion
comes closer into conformity by increasing the separation between structures to 6' 1 0". Although
the building separation is still considered non-conforming, the applicant has stated that the
existing constraints of the lot do not provide ample room for the ARU to come into full
conformity with the building separation standard. Overall, improvements to the structure will be
consistent in bulk and scale with the underlying zoning regulations, and architectural
compatibility, generation of dust, and coverage will not be impacted. The applicant has proposed
to modify the exterior of the building by upgrading siding, adding windows, and providing
architectural details that are more in line with the surrounding historic district. The conversion of
the garage to habitable space is also consistent with the allowed density and the target use of the
property of 1.75 units.
In staff s view, the proposed ARU meets the requirements of the Site Review and Conditional
Use chapters of the ordinance, and is compatible with the eclectic character of the neighborhood.
The criteria for Site Review Approval are described in AMC Chapter 18.72.070, as follows:
A. All applicable City ordinances have been met or will be met by the proposed development.
B. All requirements of the Site Review Chapter have been met or will be met.
C. The development complies with the Site Design Standards adopted by the City Council for
implementation of this Chapter. See httfJ:/lwww.ashland.or.us/Files/SiteDesiqn-and-UseStandards.fJdf
Residential Site Review - pp. 13
Parking Lot Landscaping & Screening Standards - pp.29
Street Tree Standards - pp.31
Water Conserving Landscaping Guidelines & Policies - pp.33
Historic District Development Standards - pp. 39
D. That adequate capacity of City facilities for water, sewer, paved access to and through the
development, electricity, urban storm drainage, and adequate transportation can and will be provided
to and through the s'ubject property. All improvements in the street right-of-way shall comply with the
Street Standards in Chapter 18.88, Performance Standards Options.
The criteria for a Conditional Use Permit are described in AMC Chapter 18.104.050, as
follows:
A. That the use would be in conformance with all standards within the zoning district in which the use
is proposed to be located, and in conformance with relevant Comprehensive plan policies that are
not implemented by any City, State, or Federal law or program.
B. That adequate capacity of City facilities for water, sewer, paved access to and through the
development, electricity, urban storm drainage, and adequate transportation can and will be
provided to and through the subject property.
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.
P A #2011-00028
92 Eighth StlMP
Page 3
2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and
mass transit use are considered beneficial regardless of capacity of facilities.
3. Architectural compatibility with the impact area. ,
4. Air quality, including the generation of dust, odors, or other environmental pollutants.
5. Generation of noise, light, and glare.
6. The development of adjacent properties as envisioned in the Comprehensive Plan.
7. Other factors found to be relevant by the Hearing Authority for review of the proposed use.
The application with the attached conditions complies with all applicable City ordinances.
Planning Action 2011-00027 is approved with the following conditions. Further, if anyone or
more of the following conditions are found to be invalid for any reason whatsoever, then
Planning Action 2011-00027 is denied. The following are the conditions and they are attached to
the approval:
1) That all proposals of the applicant shall be conditions of approval unless otherwise modified
here.
2) That the plans submitted for the building permit shall be in substantial conformance with
those approved as part ofthis 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 current Site Review and Conditional Use permit approvals shall be submitted
and approved prior to issuance of a building permit.
3) That all conditions of the Historic Commission as detailed in their recommendations from the
March 2, 2011 meeting shall be conditions of approval where consistent with applicable Site
Design and Use Standards with the final approval of the Staff Advisor.
4) That the Applicant sign in favor of an LID for street improvements to C Street.
5) That all necessary building permits, including permits for the new electrical service to the
accessory residential unit, and system development charges for water, sewer, storm water,
parks, and transportation shall be paid prior to the issuance of a building permit.
6) That building permit submittals shall include:
a) That the building materials and the exterior colors shall be identified in the building
permit submittals for the review and approval of the Staff Advisor to demonstrate
compliance with Site Design and Use Standards requirements that the materials and
colors be compatible with the surrounding area.
b) That the exterior lighting shall be directed onto the property and shall not directly
illuminate adjacent proprieties. Exterior lighting details shall be provided on building
permit submittals.
c) Lot coverage calculations including all building footprints, driveways, parking, and
circulation areas. Lot coverage shall be limited to no more than 65 percent as required in
AMC 18.24.
7) That the tree protection fencing shall be installed according to the approved plan, plus the
tree located on the east property line, prior to any site work, storage of materials or issuance
of the building permit. The tree protection shall be inspected and approved by the Ashland
PA #2011-00028
92 Eighth St/MP
Page 4
Planning Department prior to site work, storage of materials and/or the issuance of a building
permit.
8) That prior to the issuance of a certificate of occupancy:
a) That the concrete pad in front of the garage will be removed.
b) Required bike parking shall be installed.
c) That the landscaping and irrigation shall be installed in accordance with the approved
plans.
d) That street trees, 1 per 30 feet of street frontage, shall be installed on the C Street frontage
as proposed prior to the issuance of a certificate of occupancy. All street trees shall be
chosen from the adopted Recommended Street Tree Guide and shall be installed in
accordance with the specifications noted in Section E of the Site Design and Use
Standards.
e) That an opportunity to recycle site shall be located on the site, in conformance with
18.72.040 and in accordance with the approved plans.
'7
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P A #2011-00028
92 Eighth St!MP
Page 5
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 April 19, 2011 I 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 #2011-00397, 2234 Siskiyou
Blvd/Chitwood Lane.
G:\comm-dev\planning\Forms & HandoutslAffidavit of Mailing_Planning Action Notice.doc
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PA-2011-00028 391 E09AC 10000
ALEXANDER SHIRLEY
867 E MAIN ST
ASHLAND OR 97520
PA-2011-00028 391 E09AD 8400
ANDERSON CURTIS R/LORIE S
248 FIFTH ST
ASHLAND OR 97520
PA-2011-00028 391 E09AD 3802
CHARTER JOSEPH M
92 8TH ST
ASHLAND OR 97520
P A-2011-00028 391 E09AC 9800
DANHI MORRIS
2420 SELROSE LN
SANTA BARBARA CA 93109
P A-2011-00028 391 E09AD 3700
HARTLEY JAMES W
959 E MAIN STREET
ASHLAND OR 97520
PA-2011-00028 391 E09AD 3500
HETLAND BARBARA I TRUSTEE ET AL
985 MAIN ST
ASHLAND OR 97520
P A-2011-00028 391 E09AD 8600
INGET EMILY
860 C ST
ASHLAND OR 97520
PA-2011-00028 391 E09AD 3300
JOHNSON RICHARD C/L1NEA R
130 8TH ST
ASHLAND OR 97520
PA-2011-00028 391 E09AC 9900
LAZARO, MARGARITA E
PO BOX 1347
ASHLAND OR 97520
PA-2011-00028 391 E09AD 8500
MC KINNEY RICHARD 0 TRUSTEE
117 EIGHTH ST
ASHLAND OR 97520
PA-2011-00028 391 E09AD 3900
QUAST JERRY TRUSTEE
300 GAERKY CREEK RD
ASHLAND OR 97520
PA-2011-00028 391 E09AD 3800
ROCO PROPERTIES LLC
496 CLINTON ST
ASHLAND OR 97520
PA-2011-00028 391E09AD 8700
SEIBER SUZANNE J
880 C ST
ASHLAND OR 97520
PA-2011-00028 391 E09AD 5700
SHOEMAKER NORMA J TRUSTEE ET AL
3642 CONCORD BLVD
CONCORD CA 94519
PA-2011-00028 391 E09AC 10400
SNOOK DAVID W
PO BOX 248
ASHLAND OR 97520
P A-2011-00028 391 E09AD 3801
THOMPSON WILLIAM TRUSTE FBO
20569 LINDA LN
COTTONWOOD CA 96022
PA-2011-00028
Carlos Delgado
217 Fourth St
Ashland OR 97520
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BROCK RICHARD A
881 E MAIN ST
ASHLAND OR 97520
PA-2011-00028 391E09AD 4100
DELUCA RONALD L TRUSTEE
1665 SISKIYOU BLVD 102
ASHLAND OR 97520
PA-2011-00028 391 E09AD 3301
HOLZSHU CHRISTOPHER S/KINGSLEY-
HOLZSHU M
538 PARKSIDE DR
ASHLAND OR 97520
PA-2011-00028 391 E09AD 3200
KINNEBREW JAMES M/ELEANOR L
84952 NEWTON PL
EUGENE OR 97405
PA-2011-00028 391 E09AD 3303
PRICE JOHN C/KELLER ERIN
2698 T AKELMA
ASHLAND OR 97520
PA-2011-00028 391 E09AD 3899
ROCO PROPERTIES LLC ET AL
913 MAIN ST
ASHLAND OR 97520
PA-2011-00028 391 E09AD 3400
SMITH CAROL TRUSTEE ET AL
PO BOX 3302
JACKSONVILLE OR 97530
PA-2011-00028 391 E09AD 3600
THOMSON KIMBERLY ANN
POBOX 718
JACKSON WY 83001
92 Eighth
1-20-2011 NOD
24
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ADDENDUM 3 - Apr 7, 2011
Color Submittals
Subject Property:
92 Eighth Street
Assessor's Map 39 1 E 09AD Tax Lot 3802
Zoning R-2, Historic Interest District: Railroad
Proposed Use:
Residential conversion of non-compliant accessory structure
to second dwelling unit
Submitted to:
City of Ashland Planning Department
Submitted for:
Joseph Charter
Prepared by:
Carlos Delgado
Carlos Delgado Architect LLC
217 Fourth Street
Ashland, Oregon 97520
541.552.9502
Addendum 3 submittal:
Body paint color: (matches existing primary residence)
Trim paint color: (matches existing primary residence)
513-1 Mother Of Pearl 513-1
ADDENDUM 2 - Feb 22, 2011
Findings and Design Modifications
addressing design issues reviewed by
Historic Commission meeting on Feb 2, 2011
Subject Property:
92 Eighth Street
Assessor's Map 39 1 E 09AD Tax Lot 3802
Zoning R-2, Historic Interest District: Railroad
Proposed Use:
Residential conversion of non-compliant accessory structure
to second dwelling unit
Submitted to:
City of Ashland Planning Department
Submitted for:
Joseph Charter
Prepared by:
Carlos Delgado
Carlos Delgado Architect LLC
217 Fourth Street
Ashland, Oregon 97520
541.552.9502
Addendum 2 submittal background:
On the February 2nd Ashland Historic Commission met to review the proposed
project. Carlos Delgado (architect for the applicant, Joseph Charter) was not
present to substantiate the proposed design, This submittal, along with revised
elevation drawings addresses concerns of the Historic commission.
The commission's recommendations from the February 2nd meeting are listed below
in italics with responses following each recommendation in bold.
Respectfully Submitted,
Carlos Delgado
ENCLOSURES:
SHEET A2,1 a
SHEET A2.1 b
SHEET A2.1
REVISED NORTH SITE CONTEXT ELEVATION
REVISED NORTH ELEVATION (LARGE SCALE)
REVISED ELEVATIONS
Joseph Charter - 92 EiQ , Street, 39 1 E 09AD
Addendum 2 - Findings and Design Modifications
02/22/11
Commission Recommendations [text from Historic Commission report to staff advisor]
While the Commission finds the reorientation of the existing garage gable as proposed to be
a very positive element in the proposed design, we have some concerns that raising the
existing plate height from approximately eight feet to approximately ten feet serves to
emphasize the height, mass, bulk and scale in an already non-conforming area. Drawing
emphasis to the height and mass in such close proximity to the property combined with the
use of contemporary fanned/arched windows on the gable end seems incompatible with the
district, and the Commission believes that design modifications are needed to de-emphasize
the height and mass in proximity to the property line and eliminate these incompatible
windows. Specific recommendations are as follows:
. Reduce the ten-foot plate height to eight feet to de-emphasize the mass and height in
proximity to the C Street property line.
The proposed new wall plate height of the modified garage structure brings the height
of the roof to a similar height of the existing main residence (15.5').
Please note and consider the existing height and scale of the neighboring adjacent
property and 50 foot conifer to the east (REFER TO PHOTO 1 - ADJACENT 2 STORY
APARTMENT COMPLEX) in context. The neighboring property has been developed
with a 2 story "eight"plex that is 17 feet in height. Although the structure is setback
approximately 25 feet from the fa~ade of the existing garage for parking in front, the
mass and height of the structure and the scale of the tree "contributes" to the context
of the immediate site. The proposed new structure attempts to bring a residential
scale that addresses this varied context of the neighborhood and still remains
"dwarfed" by the existing tree and adjacent apartment complex.
The modified design introduces shingles into the raked ends of the gable to visually
break up the massing of the gable end of the proposed structure. The header band
(proportionally wider than the window trim) and the fascia on the raked end also aid
in breaking up the height of the fa~ade on C street. Furthermore, corbel bracing to the
barge rafters (echoing corbels on the front of the main residence) break up the
massing of the gabled peak end of the second residence.
. Eliminate the fanned/arched windows on the gable end, as these are not compatible with the
district or existing home.
The proposed revised design addresses this concern by creating a rectangular
transom window above the central window.
. The windows and doors on the east and west elevation drawings should be adjusted to
achieve a consistent header height of approximately 6'8" to 7' for a more historically-
compatible rhythm of openings.
The proposed revised design addresses this concern by aligning the header heights
of the windows and doors.
2
Joseph Charter - 92 EiQ . Street, 39 1 E 09AD
Addendum 2 - Findings and Design Modifications
02/22/11
. If the applicant wishes to retain loft storage space in the building, the Commission feels that
the additional height and mass would be more appropriately placed at the rear of the
structure, to de-emphasize the mass and height in proximity to the property line. This might
be accomplished by simply switching the larger volume space containing the loft storage
area with the smaller volume space, or by some alteration in the gable form which would
place the larger volume further back from the C Street property line.
Given the configuration of the existing house and the access to the rear yard through
the side yard, "switching" is not feasible to put the wider portion of the structure to
the south. Site constraints in the backyard would require further reduction of the
already compressed 500 sq. ft. living space with the suggested "switching." The
existing orientation of windows to the north is both functional and practical for
maximizing views and light, and also maximizes solar gain for the building. Views to
the south would be into a privacy fence in close proximity, and would be shaded by
another 50 foot conifer. Mass and height have already been de-emphasized through
the design modifications set forth above.
Form should follow function, and the City should encourage higher density and
multiple uses in R2 zones for citizens willing to invest in improving their properties.
Allowing such improvements to enhance property utility acknowledges the
investment-backed expectations of existing property owners. The proposed design
enhances, and does not detract from, the historical context and pattern of the
neighborhood - existing buildings to the east on C Street are generally oriented to
East Main Street, rather than C Street, and include the aforementioned "eight"plex.
3
Joseph Charter - 92 Ei~ I Street, 39 1 E 09AD
Addendum 2 - Findings and Design Modifications
02/22/11
PHOTO 1
ADJACENT 2 STORY APARTMENT COMPLEX TO THE EAST OF SINGLE STORY NON-
CONFORMING GARAGE
(92 EIGHTH STREET - C STREET FRONTAGE)
4
Joseph Charter - 92 Eig Street, 39 1 E 09AD
Addendum 2 - Findings and Design Modifications
02/22/11
PHOTO 2
ADJACENT 1 STORY STRUCTURE NORTH ACROSS STREET FROM SINGLE STORY NON-
CONFORMING GARAGE
(C STREET FRONTAGE - FACING APPLICANT'S PROPERTY)
SUBMITTED FOR NEIGHBORHOOD CONTEXT:
NON-CONFORMING LOCATION ON SIDEYARD SETBACK
HEADER HEIGHTS NOT ALIGNED
PLATE HT. 9 FEET
5
ASHLAND HISTORIC COMMISSION
Type I - Recommendations to Staff Advisor
March 2nd, 2011
CITY Of
ASHLAND
PLANNING ACTION: 2011-00028
SUBJECT PROPERTY: 92 Eighth St.
APPLICANT: Joseph Charter
DESCRIPTION: A request for Site Review and Conditional Use Permit to
convert an existing garage into a dwelling unit less than 500 square feet for the property
located at 92 Eighth Street. The garage is placed two feet from the C Street property line,
and six feet, 10 inches from the primary building on the lot.
COMPREHENSIVE PLAN DESIGNATION: Low-Density Multi Family; ZONING:
R-2; ASSESSOR'S MAP: 39 IE 09AD; TAX LOT: 3802
Commission Recommendations:
The Commission recommended support of the application, recognizing that the right-of-way width and
eclectic nature of this block of Eighth Street serve to somewhat mitigate the existing structure's proximity to
the property line. Commissioners indicated that the architect's changes in response to February
commission comments had effectively addressed the concerns raised, noting specifically that the window
revisions and somewhat contemporary use of shingles on the new gable end of the smaller unit worked well.
Commissioners felt that with these changes, the plate height was no longer a concern.
Commissioners recommended that the siding used be a six-inch exposure T&G to match the existing house.
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RE: 92 Eighth 45 day extension
From: Carlos Delgado <carlos@mind.net>
Subject: RE: 92 Eighth 45 day extension
To : michael pina <michael.pina@ashland.or.us>, 'charter' <charter@ashlandoregon.org>
Reply To : carlos@mind.net
Tue, Feb 15, 2011 08:24 AM
yes
Carlos Delgado
Architect
217 Fourth Street
Ashland, OR 97520
541.552.9502
carlos@CarlosDelgadoArchitect.com
www.CarlosDelqadoArchitect.com
-----Original Message-----
From: Michael Pina [mailto:pinam@ashland,or.us]
Sent: Monday, February 14, 2011 3:31 PM
To: Carlos Delgado; charter
Subject: 92 Eighth 45 day extension
Carlos,
Just to reiterate our conversation from Friday, your client does wish to extend staffs decision beyond 45 days so that you are able to
clarify your case to the Historic Commission, is that correct?
Thanks again.
Michael Pia, Assistant Planner
City of Ashland, Planning Division
20 East Main St., Ashland Oregon 97520
michael. pina@ashland.or.us
DESK: 541.552.2052
FAX: 541.488-6006
TIY: 1-800-735-2900
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 541.552.2052. Thank you,
https://zimbra,ashland.or.us/zimbra/h/printmessage?id=5605
2/15/2011
ASHLAND HISTORIC COMMISSION
Type I - Recommendations to Staff Advisor
February 2nd, 2011
CITY OF
ASHLAND
PLANNING ACTION: 2011-00028
SUBJECT PROPERTY: 92 Eighth St.
APPLICANT: Joseph Charter
DESCRIPTION: A request for Site Review and Conditional Use Permit to
convert an existing garage into a dwelling unit less than 500 square feet for the property
located at 92 Eighth Street. The garage is placed two feet from the C Street property line,
and six feet, 10 inches from the primary building on the lot.
COMPREHENSIVE PLAN DESIGNATION: Low-Density Multi Family; ZONING:
R-2; ASSESSOR'S MAP: 39 IE 09AD; TAX LOT: 3802
Commission Recommendations:
1) That the application be continued to allow for design modifications to address the issues listed
below and that the application brought back to the full Historic Commission for review at their
March meeting.
2) While the Commission finds the reorientation of the existing garage gable as proposed to be a very
positive element in the proposed design, we have some concerns that raising the existing plate
height from approximately eight feet to approximately ten feet serves to emphasize the height,
mass, bulk and scale in an already non-conforming area. Drawing emphasis to the height and
mass in such close proximity to the property combined with the use of contemporary fanned/arched
windows on the gable end seems incompatible with the district, and the Commission believes that
design modifications are needed to de-emphasize the height and mass in proximity to the property
line and eliminate these incompatible windows. Specific recommendations are as follows:
· Reduce the ten-foot plate height to eight feet to de-emphasize the mass and height in
proximity to the C Street property line.
· Eliminate the fanned/arched windows on the gable end, as these are not compatible with the
district or existing home.
· The windows and doors on the east and west elevation drawings should be adjusted to
achieve a consistent header height of approximately 6'8" to 7' for a more historically-
compatible rhythm of openings.
· If the applicant wishes to retain loft storage space in the building, the Commission feels that
the additional height and mass would be more appropriately placed at the rear of the structure,
to de-emphasize the mass and height in proximity to the property line. This might be
accomplished by simply switching the larger volume space containing the loft storage area
with the smaller volume space, or by some alteration in the gable form which would place the
larger volume further back from the C Street property line.
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CITY OF
ASHLAND
Planning Department, 51 Wi'i._ ~l n Way, Ashland, Oregon 97520
541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900
NOTICE OF APPLICATION
PLANNING ACTION: 2011-00028
SUBJECT PROPERTY: 92 Eighth St.
APPLICANT: Joseph Charter
DESCRIPTION: A request for Site Review and Conditional Use Permit to convert an existing garage into a
dwelling unit less than 500 square feet for the property located at 92 Eighth Street. The garage is placed
two feet from the C Street property line, and six feet, 10 inches from the primary building on the lot.
COMPREHENSIVE PLAN DESIGNATION: Low-Density Multi Family;
ZONING: R-2; ASSESSOR'S MAP: 391E 09AD; TAX LOT: 3802
NOTE: The Ashland Historic Commission will also review this Planning Action on February 2, 2011 at 6:00 PM in the Community
Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way.
NOTICE OF COMPLETE APPLICATION: January 20,2011
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: February 3, 2011
04.59 18 Feel
The Ashland Planning Division Staff has received a complete application for the property noted above.
Any affected property owner or resident has a right to submit written comments to the City of Ashland Division, 51 Winburn Way, Ashland,
Oregon 97520 prior to 4:30 p.m. on the deadline date shown above.
Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a
notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the
comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the
application. A notice of decision is mailed to the same properties within 5 days of decision, An appeal to the Planning Commission of the Planning
Division Staff's decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC
18.108.040)
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this
application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right
of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the Objection is based on also precludes
your right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval
with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court.
A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost
will be provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development &
Services Building, 51 Winburn Way, Ashland, Oregon 97520.
If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305.
a1 e . 28.doc
SITE DESIGN AND USE STANDARDS
18.72.070 Criteria for Approval
The following criteria shall be used to approve or deny an application:
A. All applicable City ordinances have been met or will be met by the proposed development.
B. All requirements of the Site Review Chapter have been met or will be met.
C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter.
D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate
transportation can and will be provided to and through the subject property. All improvements in the street right-of-way shall comply with the Street
Standards in Chapter 18.88, Performance Standards Options.
(ORD 2655,1991; ORD 2836,1999)
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.
G:\comm-dev\planninglNotices Malled\2011\2011-00028.doc
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PA-2011-00028 391 E09AC 10000
ALEXANDER SHIRLEY
867 E MAIN ST
ASHLAND OR 97520
PA-2011-00028 391 E09AD 3802
CHARTER JOSEPH M
92 8TH ST
ASHLAND OR 97520
PA-2011-00028 391 E09AD 3700
HARTLEY JAMES W
959 E MAIN STREET
ASHLAND OR 97520
PA-2011-00028 391 E09AD 8600
INGET EMILY
860 C ST
ASHLAND OR 97520
PA-2011-00028 391 E09AC 9900
LAZARO MARGARITA E
PO BOX 1347
ASHLAND OR 97520
PA-2011-00028 391 E09AD 3900
QUAST JERRY TRUSTEE
300 GAERKY CREEK RD
ASHLAND OR 97520
PA-2011-00028 391 E09AD 8700
SEIBER SUZANNE J
880 C ST
ASHLAND OR 97520
PA-2011-00028 391 E09AC 10400
SNOOK DAVID W
POBOX 248
ASHLAND OR 97520
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2420 SELROSE LN
SANTA BARBARA CA 93109
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985 MAIN ST
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130 8TH ST
ASHLAND OR 97520
PA-2011-00028 391 E09AD 8500
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117 EIGHTH ST
ASHLAND OR 97520
PA-2011-00028 391 E09AD 3800
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496 CLINTON ST
ASHLAND OR 97520
PA-2011-00028 391 E09AD 5700
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3642 CONCORD BLVD
CONCORD CA 94519
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1665 SISKIYOU BLVD 102
ASHLAND OR 97520
PA-2011-00028 391 E09AD 3301
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538 PARKSIDE DR
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84952 NEWTON PL
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2698 T AKELMA
ASHLAND OR 97520
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913 MAIN ST
ASHLAND OR 97520
PA-2011-00028 391 E09AD 3400
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PO BOX 3302
JACKSONVILLE OR 97530
PA-2011-00028 391 E09AD 3600
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JACKSON WY 83001
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Findings of Fact
for
Conditional Use Permit & Basic Site Review Standards
Subject Property:
92 Eighth Street
Assessor's Map 39 1 E 09AD Tax Lot 3802
Zoning R-2, Historic Interest District: Railroad
Proposed Use:
Residential conversion of non-compliant accessory structure
to second dwelling unit
Submitted to:
City of Ashland Planning Department
Submitted for:
Joseph Charter
Prepared by:
Carlos Delgado
Carlos Delgado Architect LLC
217 Fourth Street
Ashland, Oregon 97520
541.552.9502
01/07/11
Joseph Charter - 92 Eight!' 'treet, 39 1 E 09AD
Findings of Fact: Site Revici
01/07/11
Project Summary of background:
There are 2 structures existing on the site: a circa 1909 single story 1,111 SF single family residence
and a 498 SF accessory structure consisting of a single car garage with storage shed,
Currently, the accessory structure is non-conforming in regards to the required side yard setback of
10 feet on this corner property (the structure encroaches 8 feet into the setback). Additionally, the
existing accessory structure is separated from the main residence by 6 feet and does not meet the 10
foot minimum separation requirement.
The scope of work:
The scope of work is to propose the conversion of the accessory structure to a second residential one
bedroom unit of less than 500 SF.
The lot area is .137 Ac with a base density of 13.5 DU / Ac giving a maximum of 1.86 dwelling units, It
is the intention of the applicant to limit the accessory residential unit to less than 500 SF (also less
than 50% of the primary residence) to meet AMC 18.24.040 A.1.a. where the residential unit is not
required to meet density or minimum lot area requirements.
Summary of requests for approval:
Basic Site Review approval for the following:
1) Conditional Use Permit for Nonconforming Use and Structure for proposed modification and
addition to the existing accessory structure
Conformance to Site Design and Use Standards approval for the following:
1) Residential Dwelling use of accessory structure
2) Historic Design Standard approval for proposed design
2
Joseph Charter - 92 Eigh Street, 39 1 E 09AD
Findings of Fact: Site Rev1t::lw
01/07/11
Findings of Fact for Basic Site Review for
Residence - conversion of non-compliant accessory structure to second
dwelling unit in Historic Interest Area
This application demonstrates compliance to Development Standards for Site Review pursuant to
City of Ashland Land Use Ordinance. Sections of the Ordinance and the Design Standards as
deemed applicable, in whole or in part, are described in the following 'Findings of Fact.' Findings by
the Applicant/Agent are inserted immediately following each section of the ordinance,
Respectfully Submitted,
Carlos Delgado
Architect
Ordinances
PAGE
R-2 Low Density Multiple-Family Residential District
18.24.020 Permitted Uses
18.24.030 Conditional Uses
18.24.040 General Regulations
18.61 Tree Preservation and Protection
4
4
4
5
8
18.68
18.68.090
18.70
18.72
General Regulations
Nonconforming Uses and Structures
Solar Access
Site Design & Use Standards
9
11
13
15
18.72.110
Landscape Standards
17
18.92
18.92.070
18.104.050
Off-Street Parking
Automobile Parking Design Requirements
Conditional Use Permit
19
22
26
Site Design and Use Standards
Section 11- Approval Standards and Policies
A. Ordinance Landscaping Requirements
B. Multifamily Residential Development
D. Parking lot Landscaping and Screening Standards
E. Street Tree Standards
Section 111- Water Conserving Landscaping Guidelines and Policies
Section IV - Historic District Development
29
29
30
32
33
33
Existing Street Frontage Photos
34
ATTACHMENTS:
Sheet AS1.0
Sheet L-1
Sheet L-2
Sheet A1.1
Sheet A2.1
Site Plan
Landscape Plan and Tree Protection Plan
Planting Plan
Floor Plans (Demolition and Proposed)
Elevations
3
Joseph Charter - 92 Eight!/ ~reet, 39 1 E 09AD
Findings of Fact: Site Revis""
01/07/11
Chapter 18.24
R-2 Low Density Multiple-Family Residential District
18.24.010 Purpose
This district is designed to provide an environment suitable for urban living. The R-2 district is
intended for residential uses and appurtenant community services. This district is designed in such a
manner that it can be applied to a wide range of areas due to the range of residential densities
possible. In addition, when appropriately located and designed, professional offices and small home-
oriented commercial activities designed to attract pedestrians in the Railroad District are allowed.
The property is located within the R-2 district.
18.24.020 Permitted Uses
The following uses and their accessory uses are permitted outright:
A. Single-family dwellings and two-family dwellings, utilizing at least two of the following design
features to provide visual relief along the front of the residence: [list omitted]
The proposed uses are a single family residence to remain as is and a second dwelling unit.
(Conditional Use Permit under this application applies for use of the non-conforming structure
as outlined and described under this application.) Gables and 24" eaves are proposed.
18.24.030 Conditional Uses
The following uses and their accessory uses are permitted when authorized in accordance with the
chapter on conditional use permits
N. Nonconforming use or structure changes required by Section 18.68.090.
Findings are submitted below under section 18.68.090:
Nonconforming elements are
1) Northern wall (side yard wall line) of existing accessory structure is within the
sideyard setback of a corner property (the setback required is 10 feet, the existing wall
encroaches 8 feet into the setback)
2) The Western wall of the existing accessory structure is 6 feet from the main residence
and encroaches 4 feet into the required 10 foot minimum building separation
requirement.
4
Joseph Charter - 92 Eigt Street, 39 1 E 09AD
Findings of Fact: Site Review
01/07/11
18.24.040 General Regulations
A. Permitted Density and Minimum Lot Dimensions
1. Base Densities and Minimum Lot Dimensions. The density of the development, including the
density gained through bonus points, shall not exceed the density established by this section. The
density shall be computed by dividing the total number of dwelling units by the acreage of the project,
including land dedicated to the public. The minimum density shall be 80% of the calculated base
density. Fractional portions of the answer shall not apply towards the total density. Base density for
the R-2 zone shall be 13.5 dwelling units per acre, in addition to the following standards and
exceptions:
The Base Density for 92 Eighth Street is 1.86 units (Le 2 units) (13.5 dul Ac *.137 Ac). The
proposed density is below the calculated base density and is permitted per item a below. The
residential unit proposed is 494 SF counts as .75 unit as it is less than 500 SF (refer to item b.
below.
a. An accessory residential unit is not required to meet density or minimum lot area requirements,
provided the unit is not greater than fifty percent (50%) of the gross habitable floor area of the single
family residence on the lot and does not exceed 500 square feet of gross habitable floor area.
Complies - the second residence proposed is 494 SF and the primary residence is 1111 SF.
b. Units_not considered as an accessory residential unit and less than 500 square feet of gross
habitable area shall count as 0.75 units for the purposes of density calculations.
The residential unit proposed is 494 SF counts as .75 unit
c. Minimum lot area for less than 2 units shall be 5000 sq. ft. with a minimum width of 50' and
minimum depth of 80'.
Complies: Lot area is 6000 SF, 60 feet wide by 100 feet deep
d Minimum lot area for 2 units shall be 7,000 sq. ft. with a minimum width of 50' and a minimum depth
of 80'
Not applicable: application is for 1.75 units
e. Developments of 3 units or greater shall have minimum lot area in excess of 9000 sq. ft. except as
determined by the base density and allowable bonus point calculations, and shall have a minimum
width of 50' and a minimum depth of 80'.
Not applicable: application is for 1.75 units
2. Exceptions to minimum density standards. The following lots are totally or partially exempt from the
80% minimum base density standard of Subsection 1.
a. Lots less than 10,000 sq. ft. in existence prior to the effective date of this ordinance.
b. Lots located within any Historic District designated within the Ashland Municipal Code.
c. lots with existing, or proposed, conditional uses may be exempt for that portion of the property that
is subject to the condidtional use for calculations of the minimum base density standard.
d. If a lot is occupied by a single family residence as of the effective date of this ordinance, the single
family residence may be enlarged or reconstructed without being subject to the 80% minimum base
density standard.
e. In the event that a fire or natural hazard destroys a single family residence, such residence may be
replaced without being subject to the 80% minimum base density standard.
f. Where floodplains, streams, land drainages, wetlands, and or steep slopes exist upon the lot an
5
Joseph Charter - 92 EighW 'Teet, 39 1 E 09AD
Findings of Fact: Site Reviev..
01/07/11
exception to minimum density requirements may be obtained to better meet the standards of Chapter
18.62 Physical and Environmental Contraints.
g. A lot that is nonconforming in minimum density may not move further out of conformance with the
minimum density standard. However, units may be added to the lot which bring the lot closer to
conformance without coming all the way into conformance provided it is demonstrated that the
minimum density will not be precluded.
N/A - the existing residence and the proposed second residence meet the 80% minimum base
density.
B. Bonus Point Calculations.
1. The permitted base density shall be increased by the percentage gained through bonus points.
2. The maximum bonus permitted shall be 40%.
3. The following bonuses shall be awarded:
a. Conservation housing - 100% of the homes or residential units approved for development, after
bonus point calculations, shall meet the minimum requirements for certification as an Earth
Advantage home, as approved by the Ashland Conservation Division under the City's Earth
Advantage program as adopted by resolution 2006-06 maximum 15% bonus. (Ord 2923, S1 2006)
b. Provision of outdoor recreation space above minimum requirement established by this Title. The
purpose of the density bonus for outdoor recreational space is to permit areas which could otherwise
be developed to be developed as a recreational amenity. It is not the purpose of this provision to
permit density bonuses for incidental open spaces which have no realistic use by project residents on
a day to day basis. One percent increased density bonus for each percent of the project dedicated to
outdoor recreation space beyond the minimum requirement established by this title--maximum 10%
bonus.
c. Provision of Major Recreational Facilities. Density bonus points shall be awarded for the provision
of major recreational facilities, such as tennis courts, swimming pools, playgrounds, or similar
facilities, For each (1%) of the total project cost devoted to recreational facilities, a 6% density bonus
shall be awarded to a maximum of 10%. Total project cost shall be defined as the estimated sale
price or value of each residential unit times the total number of units in the project. Estimated value
shall include the total market value for the structure and land. The cost of the recreational facility shall
be prepared by a qualified architect or engineer using current costs of recreational facilities--
maximum bonus 10%.
d. Affordable Housing - for every percent of units that are affordable, an equivalent percentage of
density bonus shall be allowed. Maximum bonus of 25%. Affordable housing bonus shall be for
residential units that are affordable for moderate income persons in accord with the standards
established by resolution of the City Council and guaranteed affordable through procedures contained
in said resolution (Ord. 2630 SI, 1991)
Not applicable - no bonus points are requested
C. Lot Depth: All lots shall have a minimum depth of eighty (80) feet. No lot depth shall be more than
two and one-half (2 )-'2) times its width.
Complies - although the lot depth is 100 feet, it is 1.7 times width of 60 feet.
D. Standard Yard Requirements - Outside the Historic Interest Area: Front yards shall be a minimum
of 15 feet excluding garages. Unenclosed porches shall be permitted with a minimum setback of 10'
from the front property line. All garages accessed from the front shall have a minimum setback of 20'
from the front property line; side yards, six feet; the side yard of a corner lot abutting a public street
shall have a ten foot setback; rear yard, ten feet plus ten feet for each story in excess of one story. In
addition, the setbacks must comply with
6
Joseph Charter - 92 Eigh Street, 39 1 E 09AD
Findings of Fact: Site Review
01/07/11
Chapter 18.70 which provides for Solar Access. 1/
N/A - the residence proposed is within the Historic Interest Area.
Standard Yard Requirements - Within the Historic Interest Area: Front yard, twenty feet; side yards,
six feet; rear yard, ten feet plus ten feet for each story in excess of one story. The side yard of a
corner lot abutting a public street shall be ten. In addition, the setbacks must comply with Section
18.70 of this Title which provides for solar access. (amended Ord. 2752, 1995; Ord. 2760, 1995)
Northern wall (side yard wall line) of existing accessory structure is within the sideyard
setback of a corner property (the setback required is 10 feet, the existing wall encroaches 8
feet into the setback). All new development is within the required setbacks.
E. Special Yards - Distance Between Buildings:
1. The distance between any principal building and accessory building shall be a minimum often (10)
feet.
The Western wall of the existing accessory structure is 6 feet from the main residence and
encroaches 4 feet into the required 10 foot minimum building separation requirement. Refer to
section 18.68.090 for findings
2. An inner court providing access to a double-row dwelling group shall be a minimum of twenty (20)
feet.
N/A - no proposed double row dwelling group.
3. The distance between principal buildings shall be at least one-half (!12) the sum of the height of both
buildings; provided, however, that in no case shall the distance be less than twelve (12) feet. This
requirement shall also apply to portions of the same buildings separated from each other by a court or
other open space,
N/A - the residence proposed is the only principal building (no multiple).
F. Maximum Height: No structure shall be over thirty-five 35 feet or two and one-half (2 !12) stories in
height, whichever is less. Structures within the Historic District shall not exceed a height of 30 feet.
Complies - The structure proposed is one story and is less than 15 feet 6 inches in height.
G. Maximum Coverage: Maximum lot coverage shall be sixty-five (65%) percent.
Complies - The lot coverage proposed is 38%
H. Outdoor Recreation Space: At least 8% of the lot area shall be dedicated to outdoor recreational
space and shall be part of the overall landscaping requirements. (Ord. 2228, 1982; Ord. 2630 S2,
1991)
Complies - The required area of 8% of lot area (6000 SF) is 480 SF - this is proposed in the
rear yard.
J. Maximum Permitted Floor Area for multiple dwellings on a single lot and new residential
construction in Performance Standards Options land divisions created within an Historic District. The
MPFA shall be determined by the following:Maximum Permitted Floor Area for single family dwellings
on individual lots within the Historic District. The maximum permitted floor area for single family
primary dwellings on individual lots within an Historic District shall be determined by the following:
1. The MPFA shaff include the total floor space of all floors (gross floor area) of the dwelling units
7
Joseph Charter - 92 Eight~ '~reet, 39 1 E 09AD
Findings of Fact: Site Revie~.
01/07/11
measured to the outside surfaces of the building(s), including but not limited to exterior walls,
potential living spaces within the structure with at least 7' of head room and attached garages. The
floor area shall not include basements, detached garages, detached accessory structures, or
detached accessory residential units. Detached garages, accessory structures, or accessory
residential units shall be separated from other structures by a minimum of 6' , except that unenclosed
breezeways or similar open structures may connect the structures.
2. The following formula shall be used to calculate the Maximum Permitted Floor Area (MPFA),
Lot area x Adj. Factor = Adjusted lot area x Graduated FAR = MPFA
TABLE 1 - Adjustment Factor Table
TABLE 2 - Graduated FAR Table
Complies: Lot Area of 6000 SF x ADJ. Factor of 0.94 x 0.40 (Graduated FAR) = 2256 SF MPFA.
Proposed Structure = 494 SF, Main existing Residence = 1,111 SF
K. New structures and additions to existing structures within the Historic District shall not exceed the
MPFA unless a Conditional Use Permit is obtained. In no case shall the permitted floor area exceed
25% of the MPFA. In addition to the findings for a Conditional Use Permit, the standards noted in
Section IV of the Site Design and Use Standards shall be considered in the request. 1/
Complies: Addition to existing structure does not exceed the MPFA of 2256 SF
L. Conversion of existing multi-family dwelling rental units into for-purchase housing including the
demolition of existing multi-family dwelling rental units, is subject to the following:
NIA - Existing structure is a single family dwelling unit
Chapter 18.61 - Tree Preservation and Protection
18.61.010 Purpose
18.61.030 Regulated Activities
A. All tree removal and tree topping activities, unless exempted below, shall be carried out in
accordance with the requirements of this chapter.
o Not applicable: No trees are to be removed or topped in area of development.
B. No person who is required to install or maintain tree protection measures pursuant this chapter
shall do any development activities including, but not limited to clearing, grading, excavation or
demolition work on a property or site which requires a planning action without approved tree
protection measures properly installed and maintained pursuant to this Chapter.
Not applicable: No trees exist in area of work on site.
18.61.035 Exempt Tree Removal Activities
The following activities are exempt from the requirement for tree removal permits:
A. Those activities associated with the establishment or alteration of any public park under the
Ashland Parks and Recreation Commission. However, the Ashland Parks and Recreation
Department shall provide an annual plan in January to the Tree Commission outlining proposed tree
removal and topping activities, and reporting on tree removal and topping activities that were carried
out in the previous year.
8
Joseph Charter - 92 Eigl Street, 39 1 E 09AD
Findings of Fact: Site Review
01/07/11
o Not Applicable.
B. Removal of trees in single family residential zones on lots occupied only by a single family
detached dwelling and associated accessory structures, except as otherwise regulated by the
Physical and Environmental Constraints ordinance (18,62.
o Not Applicable: No trees are to be removed or topped in area of development.
C. Removal of trees in multi-family residential zones on lots occupied only by a single family detached
dwelling and associated accessory structures, except as otherwise regulated by the Physical and
Environmental Constraints ordinance (18.62).
o Not Applicable: No trees are to be removed or topped in area of development.
D. Removal of trees less than 6" DBH in any zone, excluding those trees located within the public
right of way or required as conditions of approval with landscape improvements for planning actions.
o Not applicable: No trees exist within the proposed area of development.
E. Removal of trees less than 18" DBH on any public school lands, Southern Oregon University, and
other public land; but excluding Heritage trees and street trees within the public right of way.
o Not Applicable: Property is not on any public school land.
F. Removal of trees within the Wildfire Lands area of the City, as defined on adopted maps, for the
purposes of wildfire fuel management, and in accord with the requirements of the Physical and
Environmental Constraints Chapter- 18.62.
o Not Applicable: Property is not within the Wildfire Lands area of the City.
G. Removal of dead trees.
o Not Applicable: No dead trees exist within proposed area of development.
H. Those activities associated with tree trimming for safety reasons, as mandated by the Oregon
Public Utilities Commission, by the City's Electric and Telecommunication Utility. However, the Utility
shall provide an annual plan to the Tree Commission outlining tree trimming activities and reporting
on tree trimming activities that were carried out in the previous year. Tree trimming shall be done, at a
minimum, by a Journeyman Tree Trimmer, as defined by the Utility, and will be done in conformance
and to comply with OPUC regulations.
o Not Applicable: No tree trimming is proposed as part of this application.
Chapter 18.68 - General Regulations
18.68.010 Fences
Fences, walls, hedges and screen planting shall be subject to the following standards:
A. In any required front yard, provided they do not exceed three and one-half (3 7f) feet in height.
o Not Applicable: No new fences, wall, hedges or screen planting are proposed in the front
yard.
B. In any rear or side yard, provided they do not exceed six and one-half (6 Yz) feet in height.
9
Joseph Charter - 92 Eightl7 'reet, 39 1 E 09AD
Findings of Fact: Site Revie"
01/07/11
o Complies: Existing fence is approximately 4 feet in height, hedges or screen planting are
existing and comply in the rear or side yards.
C. The height of fences or walls in rear or sideyard setback areas abutting a public street shall be
forty-eight (48) inches or less if said fences or walls are within ten (10) feet of any public street except
an alley.
o Complies: No new fences or walls are proposed in the rear or side yard and are 48 inches
or less.
D. The framework for newly constructed fences and walls shall face toward the builder's property,
except where fences are jointly constructed.
o Complies: all proposed new fencing framework shall face towards applicant's property.
18.68.020 Vision Clearance Area
Vision clearance areas shall be provided with the following distances establishing the size of the
vision clearance area:
A. In any R district, the minimum distance shall be twenty-five (25) feet or, at intersections including
an alley, ten (10) feet.
B. In all other districts except the C-1 and E-1 districts, the minimum distance shall be fifteen (15) feet
or, at intersections, including an alley, ten (10) feet. When the angle of intersection between streets,
other than an alley, is less than thirty (30) degrees, the distance shall be twenty-five (25) feet.
C. The vision clearance area shall contain no plantings, fences, walls, structures, or temporary or
permanent obstructions exceeding two and one-half (2 7'2) feet in height, measured from the top of the
curb, except that street trees exceeding this height may be located in this area, provided all branches
and foliage are removed to a height of eight (8) feet above the grade. D. The vision clearance
standards established by this section are not subject to the Variance section of this title. (Ord. 2605,
S1, 1990)
Complies: The existing picket fence of 4 feet in height is non- obstructive for viewing across
the vision clearance area.
18.68.030 Access
Each lot shall abut a minimum width of forty (40) feet upon a public street (other than an alley). This
requirement may be decreased to twenty-five (25) feet on a cul-de-sac vehicle turn-around area.
Except with an approved flag partition, no lot shall abut upon a street for a width of less than twenty-
five (25) feet.
o Complies: Lot has a 60.00' width.
18.68.050 Special Setback Requirements
To permit or afford better light, air and vision on more heavily traveled streets and on streets of
substandard width, to protect arterial streets, and to permit the eventual widening of hereinafter
named streets, every yard abutting a street, or portion thereof, shall be measured from the special
base line setbacks listed below instead of the lot line separating the lot from the street.
Street Setback
East Main Street, between City
limits and Lithia Way 35 feet
Ashland Street (Highway 66) between
City limits and Siskiyou Boulevard 65 feet
Also, front yards for properties abutting all arterial streets shall be no less than twenty (20) feet, with
the exception of the C-1-D district.
10
It
Joseph Charter - 92 Eighth Street, 39 1 E 09AD
Findings of Fact: Site Review
01/07/11
D Not Applicable. Property under this application not on above referenced streets.
18.68.090 Nonconforming Uses and Structures
A. A non-conforming use or structure may not be enlarged, extended, reconstructed, substituted, or
structurally altered, except as follows:
1. When authorized in accordance with the same procedure as provided in Conditional Use Chapter
18.104, a nonconforming use may be changed to one of the same or a more restricted nature.
o Complies: Existing accessory structure is utilized as a single car garage, storage area and
home office that abuts the property line (2 feet into the property) and the public right of
way. The elimination of the garage contributes to the pedestrian nature of the street. The
proposed residence is expanded to accommodate home office and second residence. and
restricts the impact of the street frontage to a residential feel and use of the property (as
compared to automobile parking and possible storage use of garage).
2. When authorized in accordance with the same procedure as provided in Conditional Use Chapter
18.104, an existing structure may be enlarged, extended, reconstructed, or structurally altered, except
that a Conditional Use Permit need not be obtained to enlarge or extend a single-family home in the
residential district, provided that the addition or extension meets all requirements of this Title.
o Per section 18.104, this application provides findings that address the requirements for
altering the non-conforming structure. This application proposes development of a non-
conforming structure: The existing property contains an existing is non-conforming due to
encroaching 8 feet into the 10 foot side yard setback in the R-2 zone. The proposed
alteration reduces the non-com pliantfrontage by 16 inches.
3. A non-conforming structure may be enlarged reconstructed or structurally altered if its footprint is
not changed in size or shape.
C. Reactivation. A non-conforming use, which has been abandoned for a period of more than six (6)
months may be reactivated to an equivalent or more restricted use through the Conditional Use and
Site Review process. In evaluating whether or not to permit the reactivation of a non-conforming use,
the Planning Commission, in addition to using the criteria required for a Conditional Use Permit and
Site Review, shall also use the following additional criteria:
1. That any improvements for the reactivation of the non-conforming use to an existing non-
conforming structure on the site shall be less than fifty (50%) percent of the value of the structure.
The value of the structure shall be determined by either the assessed value according to the Jackson
County Assessor or by an independent real estate appraiser licensed in the State of Oregon.
Personal properly necessary for the operation of the business or site improvements not included in
11
Joseph Charter - 92 Eight!'; .' ~reet, 39 1 E 09AD
Findings of Fact: Site Revie..
01/07/11
the structure shall not be counted as improvements under this criteria.
2. An assessment that the traffic generated by the proposed use would not be greater than permitted
uses on the site. In assessing the traffic generated by the proposed use, the Planning Commission
shall consider the number of vehicle trips per day, the hours of operation, and the types of traffic
generated; i.e., truck or passenger vehicle. The Planning Commission shall modify the Conditional
Use Permit so that the operation of the non-conforming use is limited to the same traffic impact as
permitted uses in the same zone.
3. That the noise generated by the proposal will be mitigated so that it complies with the Ashland
Noise Ordinance, Chapter 9.08. 170, and also that it does not exceed the average ambient noise level
already existing in the area, as measured by this standard.
4. That there will be no lighting of the property which would have direct illumination on adjacent uses
and that there would be no reflected light from the property greater than the amount of reflected light
from any permitted use in that same zone.
5. In a residential zone the findings must further address that such reactivation will further implement
Goal VI, Policy 2, Housing Chapter of the Ashland Comprehensive Plan.
6. Nothing herein shall apply to non-conforming signs, which are governed by the provisions of
Section 18.96.150 of this Code. (Ord. 2406 S1, 1986)
Not Applicable: Existing use is active and is conforming.
D. Building or structure: Nothing contained in this Title shall require any change in the plans,
construction, alteration, or designated use of a structure for which a building permit has been issued
and construction has commenced prior to the adoption of the ordinance codified herein and
subsequent amendments thereto, except that if the designated use will be nonconforming, it shall, for
the purpose of subsection (B) of this Section, be a discontinued use if not in operation within two (2)
years of the date of issuance of the building permit.
Not Applicable
18.68.140 Accessory Buildings and Structures
Accessory buildings and structures shall comply with all requirements for the principal use except
where specifically modified by this Title and shall comply with the following limitations:
A. A greenhouse or hothouse may be maintained accessory to a dwelling in an R district.
o Not Applicable: No new accessory buildings are proposed.
B. A guest house may be maintained accessory to a single-family dwelling provided there are no
kitchen cooking facilities in the guest house.
o Not Applicable: No new guest house is proposed. Proposal is a second residence.
C. Mechanical equipment shall be subject to the provisions of this Section. Such equipment shall not
be located between the main structure on the site and any street adjacent to a front or sideyard, and
every attempt shall be made to place such equipment so that it is not visible from adjacent public
streets. Any installation of mechanical equipment shall require a building permit. (Ord, 2289 S4, 1984)
o Complies: No mechanical equipment is to be located between the main structure on the
site and any street.
D. Regardless of the side and rear yard requirements of the district, in a residential district, a side or
rear yard may be reduced to three (3) feet for an accessory structure erected more than fifty (50) feet
from any street, other than alleys, provided the structure is detached and separated from other
buildings and structures by ten (10) feet or more, and is no more than fifteen (15) feet in height. (Ord.
2228, 1982; Ord. 2289 S3, 1984)
12
Joseph Charter - 92 Eigh Street, 39 1 E 09AD
Findings of Fact: Site Review
01/07/11
o Not Applicable, development is within 50 feet from the street.
18.68.160 Driveway Grades
Grades for new driveways in all zones shall not exceed a grade of 20% for any portion of the
driveway. All driveways shall be designed in accord with the criteria of the Ashland Public Works
Department and approved prior to issuance of a certificate of occupancy for new construction. If
required by the City, the developer or owner shall provide certification of driveway grade by a licensed
land surveyor. All vision clearance standards associated with driveway entrances onto public streets
shall not be subject to the Variance section of this title. (Ord. 2604 S2, 1990; Ord. 2663 S3, 1992)
o Not applicable.
Chapter 18.70 - Solar Access
18.70.010 Purpose and Intent
The purpose of the Solar Access Chapter is to provide protection of a reasonable amount of sunlight
from shade from structures and vegetation whenever feasible to all parcels in the City to preserve the
economic value of solar radiation falling on structures, investments in solar energy systems, and the
options for future uses of solar energy.
18. 70.030 Lot Classifications
Affected Properties. All lots shall meet the provisions of this Section and will be classified according to
the following formulas and table: FORMULA I:
Minimum N/S lot dimension for Formula I = 30' 0.445 + S Where: S is the decimal value of slope, as
defined in this Chapter.
FORMULA II:
Minimum N/S lot dimension for Formula II = 10' 0.445 + S Lots whose north-south lot dimension
exceeds that calculated by Formula I shall be required to meet the setback in Section (A), below.
Those lots whose north-south lot dimension is less than that calculated by Formula I, but greater than
that calculated by Formula II, shall be required to meet the setback in Section (B), below.
Those lots whose north-south lot dimension is less than that calculated by Formula II shall be
required to meet the setback in Section (C), below.
o Solar Setback standard for property is setback standard B
18. 70.040 Solar Setbacks
B. Setback Standard B This setback is designed to insure that shadows are no greater than sixteen
(6) feet at the north property line.
Buildings for lots which are classified as Standard B, or for any lot zoned C-1, E-1 or M-1, or for any
lot not abutting a residential zone to the north, shall be set back from the northern lot line as set forth
in the following formula:
SSB = H - 16'
0.445 + S
o Complies: Proposed renovated structure is 15.5 feet high requiring a SSB of 0 feet on
northern edge of the structure. The proposed setback is 0 feet (for roof overhang) thus is
compliant with the solar setback requirement.
D. Exempt Lots. Any lot with a slope of greater than thirty percent (30%) in a northerly direction, as
defined by this Ordinance, shall be exempt from the effects of the Solar Setback Section.
o Not Applicable. Lot slope is not greater than 30%.
E. Lots Affected By Solar Envelopes. All structures on a lot affected by a solar envelope shall comply
with the height requirements of the solar envelope.
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o Complies. Structure height under consideration is the only structure under this
application on site.
F. Exempt Structures.
1. Existing Shade Conditions. If an existing structure or topographical feature casts a shadow at the
northern lot line at noon on December 21, that is greater than the shadow allowed by the
requirements of this Section, a structure on that lot may cast a shadow at noon on December 21, that
is not higher or wider at the northern lot line than the shadow cast by the existing structure or
topographical feature. This Section does not apply to shade caused by vegetation.
o Not Applicable. Although the existing non-conforming structure on the property line is
exempt, the new addition is in an area that warrants calculations.
2. Actual Shadow Height. If the applicant demonstrates that the actual shadow which would be cast
by the proposed structure at noon on December 21, is no higher than that allowed for that lot by the
provisions of this Section, the structure shall be approved. Refer to Table D for actual shadow
lengths.
Not applicable: formula utilized under section above.
18. 70.050 Solar Access Performance Standard
Not Applicable.
18.70.060 Variances
o Not Applicable.
18.70.070 Solar Access Permit for Protection from Shading by Vegetation
18.70.080 Hearing Procedure
18. 70.090 Limits On Solar Access Permits
18.70.100 Entry of Solar Access Permit Into Register
o Not Applicable: No Solar Access Permit is being requested.
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Joseph Charter - 92 Eigh Street, 39 1 E 09AD
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Chapter 18.72 - Site Design & Use Standards
18. 72.40 proval Process
o The application for this project requires a Type I procedure.
18.72.060 - Plans required
Items A. through X
o The application for this project provides the information required in items A. through X. on
the drawings submitted and in the findings enclosed (under landscape requirements and
under sections 18.104.050 Approval Criteria for Conditional Use Permits, section 18.72.070
Criteria for Approval.
X 3, For all developments, the following shall also be required: The method and type of energy
proposed to be used for heating, cooling and lighting of the building, and the approximate annual
amount of energy used per each source and the methods used to make the approximation.
Heating will be electric. For cooling, there will be no active cooling system. Passive means
by ventilation strategies and low energy fan usage are proposed. Daylighting strategies
from skylights and windows provide good natural light. Energy demand is estimated to be
$64 - $128 (800 -1600 KwHR) based on $.08/KwHR on electricity. Method used to make
this approximation is utilizing the average costs from the last few years of energy bills of
$40-$80 per month. The increase is based on a 322% increase in conditioned space.
18.72.070 - Criteria for Approval
The following criteria shall be used to approve or deny an application:
A. All applicable City ordinances have been met or will be met by the proposed development.
o Complies: The proposed development meets or exceeds all the requirements of the R-2
Historic district. See findings for Chapter 18.24 R-2 District included these findings.
B. All requirements of the Site Review Chapter have been met or will be met.
o Complies: All applicable requirements of the Site Review Chapter have been or will be met
other than previously outlined requests for the administrative variance and variances. See
'Site Design and Use Standards' findings that follow.
C. The development complies with the Site Design Standards adopted by the City Council for
implementation of this Chapter,
o Complies: All applicable requirements of the Standards outlined in Chapter 18.72 Site,
Design & Use Standards have been or will be met other than previously outlined requests
for the administrative variance and variances. See findings that follow.
D. That adequate capacity of City facilities for water, sewer, paved access to and through the
development, electricity, urban storm drainage, and adequate transportation can and will be provided
to and through the subject property. All improvements in the street right-of-way shall comply with the
Street Standards in Chapter 18.88, Performance Standards Options. (Ord. 2655, 1991; Ord 2836 S6,
1999)
o Complies: Adequate facilities exist as per the following (refer to sheet AS1.0 for locates)
1. Water: The existing 4" water main along 8th Street extends across the entire frontage of
the property. Water meters connect to this via 3/4" line. Service fixture count will be
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Joseph Charter - 92 Eighth ." 'reet, 39 1 E 09AD
Findings of Fact: Site Reviel".
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supplied and service line to be upgraded as required (There exists an 8 inch water main on
C street)
2. Sanitary Sewer: Sanitary sewage passes through existing 4" line from the building to the
existing 6" Sanitary Sewer in the center of C Street.
3. Electricity: Electrical service is an existing 200 Amp service served with a drop line from
nearby electrical pole
4. Urban Storm Drainage: The existing 36" storm drain on C Street will be utilized via
existing flowline along C Street curb to existing development at the roof downspouts.
18.72. 110 Landscaping Standards
Area Required. The following areas shall be required to be landscaped in the following zones:
R-2 - 35% of total developed lot area
o Complies: Landscaped area = 3720 SF. Lot area = 6000 SF. Landscaping = 62%
B. Location. Landscaping shall be located so that it is visible from public right-of-way or provide
buffering from adjacent uses. Landscaping shall be distributed in those areas where it provides for
visual and acoustical buffering, open space uses, shading and wind buffering, and aesthetic qualities.
o Complies: Street frontage of buildings are on both C Street and 8th Street and the existing
and proposed landscaping within these visible areas on the property to the public right of
way is exemplary of this standard.
C. Irrigation. All landscaping plans shall either be irrigated or shall be certified that they can be
maintained and survive without artificial irrigation. If the plantings fail to survive, the property owner
shall replace them.
o Complies: refer to Landscape plans
D. Parking Lots. Seven percent of all the parking lot area shall be landscaped. Such landscaping shall
consist of the proper mixture of deciduous trees and shrubs so that all of the landscaped areas shall
be covered within five years by a spreading evergreen ground cover or by shrubs and shaded by the
trees.
o Not applicable: Parking lot not proposed.
E. One street tree per 30 feet of frontage shall be required on all projects.
o Complies: 60 feet of frontage along 8th Street requires 2 street trees. 100 feet of frontage
along C Street requires 4 street trees. A mixture of existing trees and proposed new and
are provided - Refer to Landscape plans.
18.72.115 - Recycling Requirements
All commercial and multi-family developments, requiring a site review as indicated in 18.72.040, shall
provide an opportunity-to-recycle site for use of the project occupants.
A. Commercial. Commercial developments having a solid waste receptacle shall provide a site of
equal or greater size adjacent to or with access comparable to the solid waste receptacle to
accommodate materials collected by the local solid waste franchisee under its on-route collection
program for purposes of recycling. Both the opportunity-to-recycle site and the common solid waste
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receptacle shall be screened by fencing or landscaping such as to limit the view from adjacent
properties or public rights-of-way.
o Complies: A 30" x 30" trash and recycling area is proposed behind the side yard fencing
to the property (see sheet AS1.0 Site Plan).
B. Multi-Family Residential. All newly constructed multi-family units, either as part of an existing
development or as a new development, shall provide an opportunity-to-recycle site in accord with the
following standards:
1. Multi-family developments NOT sharing a common solid waste receptacle shall provide an
individual curbside recycling container for each dwelling unit in the development.
2. Multi-family developments sharing a common solid waste receptacle shall provide a site of equal or
greater size adjacent to or with access comparable to the common solid waste receptacle to
accommodate materials collected by the local solid waste franchisee under its residential on-route
collection program for purposes of recycling. Both the opportunity-to-recycle site and the common
solid waste receptacle shall be screened by fencing or landscaping such as to limit the view from
adjacent properties or public rights-of-way.
o Applicant's development does not share a common waste receptacle and will provide
curbside recycling for dwelling unit as well as an equal size recycling area to the waste
provisions in above requirements under section A.
18.72.120 Controlled access
A. Prior to any partitioning of property located in an R-2, R-3, C-1, E-1 or M-1 zone, controlled access
standards shall be applied and, if necessary, cross easements shall be required so that access to all
properties created by the partitioning can be made from one or more points.
o Not Applicable: No partitioning is proposed with this application,
B. Access points shall be limited to the following:
1. Distance between driveways.
On arterial streets - 100 feet;
on collector streets - 75 feet;
on residential streets - 50 feet.
2. Distance from intersections.
On arterial streets - 100 feet;
on collector streets - 50 feet;
on residential streets - 35 feet.
o Complies: No new access points are proposed.
C. Vision clearance standards,
1. No obstructions greater than two and one half feet high, nor any landscaping which will grow
greater than two and one half feet high, with the exception of trees whose canopy heights are at all
times greater than eight feet, may be placed in a vision clearance area determined as follows:
The vision clearance area at the intersection of two streets is the triangle formed by a line connecting
points 25 feet from the intersection of property lines. In the case of an intersection involving an alley
and a street, the triangle is formed by a line connecting points ten feet along the alley and 25 feet
along the street. When the angle of intersection between the street and the alley is less than 30
degrees, the distance shall be 25 feet. No structure or portion thereof shall be erected within ten feet
of the driveways.
o Complies: picket fencing at corner intersection provides adequate transparency for vision.
2. State of Oregon Vision Clearance Standards. The following stopping site distances shall apply to
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all State Highways within the City with the prescribed speed limits. Vertical stopping sight distance to
be based on distance from three and one half feet above pavement to a point six feet above the
pavement. (Ord.2544 S1, 1989)
30 mph200 feet
35 mph225 feet
40 mph275 feet
45 mph325 feet
55 mph450 feet
o Not Applicable: C Street is a City maintained road and is not a State Highway.
3. The vision clearance standards established by this section are not subject to the variance section
of this title. (Ord. 2605 S2, 1990)
D. Access Requirements for Multi-family Developments.
1. All multi-family developments which will have automobile trip generation in excess of 250 vehicle
trips per day shall provide at least two driveway access points to the development. Trip generation
shall be determined by the methods established by the Institute of Transportation Engineers.
o Not Applicable: Proposed trip generation is 30 trips Iday per ITE standards
2, Creating an obstructed street, as defined in 18.88.020. G, is prohibited.
(Ord. 2544 S2, 1989; Ord 2836 S7, 1999)
o Not Applicable: No streets are being created as part of this project.
18.72.140 Light and Glare Performance Standards
There shall be no direct illumination of any residential zone from a lighting standard in any other
residential lot, C-1, E-1 or M-1, SO, or HC lot.
o Complies: development shall not have direct illumination on the adjacent residential zone.
18.72.160 Landscaping Maintenance
A. All landscaped areas must be maintained in a weed-free condition.
B. All landscaped areas required by this Chapter must be maintained according to the approved
landscaping plans. (Ord. 2228, 1982)
o Complies: Owner agrees to maintain all landscaped areas according to these
requirements.
Chapter 18.92 - Off-Street Parking
18.92.010 Generally
In all districts, except those specifically exempted, whenever any building is erected, enlarged, or the
use is changed, off-street parking shall be provided as set forth in this Chapter.
18.92.020 Automobile Parking Spaces Required
Uses and standards are as follows:
A. Residential Uses
2. Multi-family dwellings.
a. Studio units or 1-bedroom units less than 500 sq. ft.--1 space/unit.
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Compliant:
Summary of parking requirements:
Proposed Dwelling unit of less than 500 SF
Existing 2 bedroom dwelling
Total spaces required =
Total provided on site =
1 space
2 spaces
3 spaces
o spaces (Refer to 18.92.025 on street credit)
18.92.025 Credit for On-street Automobile Parking
A. The amount of off-street parking required shall be reduced by the following credit provided for on-
street parking: one off-street parking space credit for every two on-street spaces up to four credits,
thereafter one space credit for each on-street parking space.
o Contiguous street frontage of 48 feet along Eighth Street provides 1 parking space credit
o Contiguous street frontage of 96 feet along C Street provides 2 parking space credits
18.92.030 Disabled Person Parking Places
The total number of disabled person parking spaces shall comply with the following:
Total in Parking Lot Required Minimum Number of Accessible Spaces
1 to 25 = 1, 26 to 50 = 2 (portion deleted)
Required Disabled Person Parking spaces shall be designed in accord with all requirements of the
State of Oregon, including minimum widths, adjacent aisles, and permanent markings. Disabled
Person Parking space designs are included at the end of this chapter.
Exempt: Private residential development does not require disabled parking
18.92.040 Bicycle Parking
A. All uses, with the exception of detached single-family residences and uses in the C-1-D zone, shall
provide a minimum of two sheltered bike parking spaces.
o Complies: 2 covered bike parking provided in the yard under building eave (see sheet
AS1.0).
B. Every residential use of two units or more per structure, and not containing a garage, shall provide
bicycle parking spaces as follows:
Multi-Family Residential: One sheltered space per studio and 1-bedroom unit
1.5 sheltered spaces per 2-bedroom unit
2.0 sheltered spaces per 3-bedroom unit
o 3 spaces are required: 2 sheltered spaces are provided and 1 space is provided.
C. In addition, all uses which require off street parking, except as specifically noted, shall provide one
bicycle parking space for every 5 required auto parking spaces. Fractional spaces shall be rounded
up to the next whole space. Fifty percent of the bicycle parking spaces required shall be sheltered
from the weather. All spaces shall be located in proximity to the uses they are intended to serve.
(Ord. 2697 S1, 1993)
o Complies: 3 automobile parking spaces /5 = .6 = 1 space.
3 total have been proposed. (2 covered spaces and 1 uncovered space)
18.92.050 Compact Car Parking
Up to 50% of the total automobile parking spaces in a parking lot may be designated for compact
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Findings of Fact: Site RevilL
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cars. Minimum dimensions for compact spaces shall be 8 x 16 feet. Such spaces shall be signed or
the space painted with the words "Compact Car Only. "
o Not applicable: 2 standard parking spaces are proposed (on street).
18.92.070 Automobile Parking Design Requirements
All required parking areas shall be designed in accordance with the parking layout chart at the end of
this Chapter. Parking spaces shall be a minimum of 9 x18 feet, except that 50% of the spaces may be
compact spaces in accord with 18.92.050 and shall have a 22 foot back-up space except where
parking is angled.
o Not applicable: Proposal utilized on-street parking credit for parking
B. Driveways and Turn-Arounds. Driveways and turn-a rounds providing access to parking areas shall
conform to the following provisions:
1. A driveway for a single dwelling shall have a minimum width of nine feet, and a shared driveway
serving two units shall have a width of 12 feet.
o Not Applicable: No Driveways are proposed
2. Parking areas of more than seven parking spaces per lot shall be provided with adequate aisles or
turn-around areas so that all vehicles may enter the street in a forward manner.
o Not applicable: Parking lot not proposed.
3. Parking areas of more than seven parking spaces shall be served by a driveway 20 feet in width
and constructed to facilitate the flow of traffic on or off the site, with due regard to pedestrian and
vehicle safety, and shall be clearly and permanently marked and defined. Parking areas of seven
spaces or less shall be served by a driveway 12 feet in width.
o Not applicable: Parking lot not proposed.
4. Shared Use of Driveways and Curb Cuts.
a. Developments subject to a planning action or divisions of property, either by minor land partition or
subdivision, shall minimize the number of driveway intersections with streets by the use of shared
driveways with adjoining lots where feasible. In no case shall driveways be closer than 24 feet as
measured from the bottom of the existing or proposed apron wings of the driveway approach.
o Not applicable: no proposed driveways under this application.
b. Plans for property being partitioned or subdivided or for multi-family developments shall indicate
how driveway intersections with streets have been minimized through the use of shared driveways
and shall indicate all necessary access easements.
o Not Applicable: The property is not being partitioned, subdivided, or intended for multi-
family development.
c. Developments subject to a planning action shall remove all curb cuts and driveway approaches not
shown to be necessary for existing improvements or the proposed development. Cuts and
approaches shall be replaced with standard curb, gutter or sidewalk as appropriate. All replacement
shall be done under permit of the Engineering Division.
o Complies: Site Plan AS1.0 indicates removal of existing curb cut and apron.
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Joseph Charter - 92 Eigh Street, 39 1 E 09AD
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C. Vertical Clearances. Driveways, aisles, turn-around areas and ramps shall have a minimum
vertical clearance of 13'6/1 for their entire length and width.
o Complies: This 13'-6" vertical clearance will be maintained for these areas on the property.
D. Vision Clearance. No signs, structures or vegetation in excess of two and one-half feet in height
shall be placed in the vision clearance area. The vision clearance area is the triangle formed by a line
connecting points 25 feet from the intersection of property lines. In the case of an intersection
involving an alley and a street, the triangle is formed by a line connecting points ten (10) feet along
the alley and 25 feet along the street. When the angle of intersection between the street and the alley
is less than 30 degrees, . the distance shall be 25 feet. No signs, structures or vegetation or portion
thereof shall be erected within ten (10) feet of driveways unless the same is less than two and one-
half feet in height. The vision clearance standards established by this section are not subject to the
Variance section of this title.
Complies: picket fencing at corner intersection provides adequate transparency for vision.
E. Development and Maintenance. The development and maintenance as provided below} shall apply
in all cases, except single-family dwellings.
1. Paving. All required parking areas, aisles, turn-arounds and driveways shall be paved with
concrete} asphaltic or comparable surfacing} constructed to standards on file in the office of the City
Engineer.
o Not applicable: no proposed driveways under this application
2. Drainage. All required parking areas, aisles and turn-arounds shall have provisions made for the
on-site collection of drainage waters to eliminate sheet flow of such waters onto sidewalks, public
rights-of-way, and abutting private property.
Not applicable: no proposed driveways under this application
3. Driveway approaches. Approaches shall be paved with concrete surfacing constructed to
standards on file in the office of the City Engineer.
o Not applicable: no proposed driveways under this application.
4. Marking. Parking lots of more than seven spaces shall have all spaces permanently and clearly
marked.
o Not applicable: Parking lot not proposed.
5. Wheel stops. Wheel stops shall be a minimum of four inches in height and width and six feet in
length. They shall be firmly attached to the ground and so constructed as to withstand normal wear.
Wheel stops shall be provided where appropriate for all spaces abutting property lines, buildings,
landscaping, and no vehicle shall overhang a public right-of-way.
o Not applicable: no parking area proposed
6. Walls and Hedges.
a. Where parking abuts upon a street, a decorative masonry wall or evergreen hedge screen of 30-42
inches in height and a minimum of 12/1 in width shall be established parallel to and not nearer than
two feet from the right-of-way line. Screen planting shall be of such size and number to provide the
required screening within 12 months after installation. The area between the wall or hedge and street
line shall be landscaped. All vegetation shall be adequately maintained by a permanent irrigation
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Joseph Charter - 92 EightV 'freet, 39 1 E 09AD
Findings of Fact: Site Revie..
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system, and said wall or hedge shall be maintained in good condition. The required wall or screening
shall be designed to allow for free access to the site and sidewalk by pedestrians.
o Not Applicable: No parking abuts upon a street.
b. In all zones, except single-family zones, where parking facilities or driveways are located adjacent
to residential or agricultural zones, school yards, or like institutions, a sight-obscuring fence, wall, or
evergreen hedge not less than five feet, nor more than six feet high shall be provided on the property
line as measured from the high grade side. Said wall, fence or hedge shall be reduced to 30 inches
within required setback area, or within 10 feet of street property lines, and shall be maintained in good
condition. Screen plantings shall be of such size and number to provide the required screening within
12 months after installation. Adequate provisions shall be made to protect walls, fences or plant
materials from being damaged by vehicles using said parking areas. .
o Not Applicable: Existing fencing complies with screening standard.
7, Landscaping. In all zones, all parking facilities shall include landscaping to cover not less than 7%
of the area devoted to outdoor parking facilities, including the landscaping required in subdivision 6(a)
above. Said landscaping shall be uniformly distributed throughout the parking area, be provided with
irrigation facilities and protective curbs or raised wood headers. It may consist of trees, plus shrubs,
ground cover or related material. A minimum of one tree per seven parking spaces is required.
o Not applicable: Parking lot not proposed.
8. Lighting of parking areas within 100 feet of property in residential zones shall be directed into or on
the site and away from property lines such that the light element shall not be directly visible from
abutting residential property.
o Complies: property is within 100 ft. of a residential zone and will provide lighting directed
away from residential zone.
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.
o This proposal is in conformance with all relevant Comprehensive plan policies.
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.
o Complies: Adequate facilities exist as per the following (refer to sheet AS1.0 for locates)
1. Water: The existing 4" water main along 8th Street extends across the entire frontage
of the property. Water meters connect to this via 3/4" line. Service fixture count will be
supplied and service line to be upgraded as required (There exists an 8 inch water
main on C street)
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Findings of Fact: Site Review
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2. Sanitary Sewer: Sanitary sewage passes through existing 4" line from the building to
the existing 6" Sanitary Sewer in the center of C Street.
3. Electricity: Electrical service is an existing 200 Amp service served with a drop line
from nearby electrical pole
4. Urban Storm Drainage: The existing 36" storm drain on C Street will be utilized via
existing flowline along C Street curb to existing development at the roof downspouts.
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.
o There are a substantial number of small single family dwelling units within the historic
interest area and within the adjacent R-2 and R-3 zones, that reflect similar scale, bulk and
coverage of this proposed single family dwelling. The resulting fa~ade renovation and
mass of the single story building mass (bulk) is similar to surrounding single family
development within the neighborhood. By contrast, the adjacent R-3 property (closest to
proposed renovation) is a developed two story quadplex with a parking lot in front. Given
the contiguous nature of residences
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.
o The changes to the generation of traffic and effects on surrounding streets is well within
the target use of this residential zone. The conversion of the garage to a single residential
unit deletes the existing off street parking but it liberates parking where street curb cut will
be removed: net change is the same available parking. The proposed use is residential
and is within target impact and use of zone.
3. Architectural compatibility with the impact area.
o The fa~ade renovation improves its historic contribution to the neighborhood. The existing
fa~ade is a single car garage door and disproportionate corner window. The proposed
single story gable structure facing the street is proposed to match the existing siding and
trim of the existing residence to blend into the "fabric" of the property. It is characteristic
in the Railroad District Historic Interest area to have development similar to this proposed
renovation.
4. Air quality, including the generation of dust, odors, or other environmental pollutants.
o No generation of dust and odors will be present in the proposed use of the building, with
the exception of standard construction practices during construction
5. Generation of noise, light, and glare.
o Generation of light and glare will be contained within the site - similar to prevailing
present use.
6, The development of adjacent properties as envisioned in the Comprehensive Plan.
o The proposed development will have no impact on the development of adjacent
properties.
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7. Other factors found to be relevant by the Hearing Authority for review of the proposed use,
All commercial and multi-family developments, requiring a site review as indicated in 18.72.040, shall
provide an opportunity-to-recycle site for use of the project occupants.
A. Commercial. Commercial developments having a solid waste receptacle shall provide a site of
equal or greater size adjacent to or with access comparable to the solid waste receptacle to
accommodate materials collected by the local solid waste franchisee under its on-route collection
program for purposes of recycling. Both the opportunity-to-recycle site and the common solid
waste receptacle shall be screened by fencing or landscaping such as to limit the view from
adjacent properties or public rights-of-way.
o Not applicable: proposed use is not a commercial development.
B. Multi-Family Residential. All newly constructed multi-family units, either as part of an existing
development or as a new development, shall provide an opportunity-to-recycle site in accord with
the following standards:
1. Multi-family developments NOT sharing a common solid waste receptacle shall provide an
individual curbside recycling container for each dwelling unit in the development.
2. Multi-family developments sharing a common solid waste receptacle shall provide a site of
equal or greater size adjacent to or with access comparable to the common solid waste
receptacle to accommodate materials collected by the local solid waste franchisee under its
residential on-route collection program for purposes of recycling. Both the opportunity-to-
recycle site and the common solid waste receptacle shall be screened by fencing or
landscaping such as to limit the view from adjacent properties or public rights-of-way.
o Complies: waste receptacle will be provided behind private fence
SITE DESIGN AND USE STANDARDS
SECTION If - APPROVAL STANDARDS & POLICIES
A. ORDINANCE LANDSCAPING REQUIREMENTS
The following percentages of landscaping are required for all properties falling under the Site Design
and Use Standards. .
R-2: 35%
o Complies: The total landscaped and irrigated area equals 3720 SF on site, or 62% of lot
area.
B. MUL T1FAMIL Y RESIDENTIAL DEVELOPMENT
APPROVAL STANDARDS: Multi-family residential development shall conform to the following design
standards:
II-B-1) Orientation
II-B-1a) Residential buildings shall have their primary orientation toward the street when they are
within 20 to 30 feet of the street..
o Complies: Historic facade is to be improved with centered and balanced fenestration with
the peaked gable that is oriented towards C Street with replicated hitoric windows that
match the existing residence windows in style and proportion.
24
Joseph Charter - 92 Eigh Street, 39 1 E 09AD
Findings of Fact: Site Review
01/07/11
1) II-B-1b) Buildings shall be set back from the street according to ordinance requirements, which is
usually 20 feet.
o Non-compliant: Historic facade location is to remain as is at current location.
II-B-1c) Buildings shall be accessed from the street and the sidewalk. Parking areas shall not be
located between buildings and the street.
o Compliant: There is significant improvement of this standard due to the elimination of the
parking area in the front of the existing building. The building is accessed from the street
with the entry gate intentionally designed to indicate a strong entry indicator for the public
right of way.
It is both the applicant and architect's opinion that entry directly into the encroaching
building onto the public right of way (non-compliant setback of 2 feet from the property
line and the public right of way) is counter to providing a healthy interface from a
residence to the public. By providing a strong sense of entry onto the property
immediately adjacent to the facade, the proposal preserves the proper domain for public
and private interface in an urban setting.
II-B-2) Streetscape
II-B-2a) One street tree for each 30 feet of frontage, chosen from the street tree list, shall be placed
on that portion of the development paralleling the street. Where the size of the project dictates an
interior circulation street pattern, a similar streetscape with street trees is required.
o Complies: 60 feet of frontage along 8th Street requires 2 street trees. 100 feet of frontage
along C Street requires 4 street trees. The existing trees and proposed trees meet this
requirement
II-B-2b) Front yard landscaping shall be similar to those found in residential neighborhoods, with
appropriate changes to decrease water use.
o Complies: Refer to Landscape Plans
1) II-B-3) Landscaping
2) II-B-3a) Landscaping shall be designed so that 50% coverage occurs within one year of
installation and 90 % landscaping coverage occurs within 5 years.
o Complies: The proposed landscaping exceeds this requirement.
3) II-B-3b) Landscaping design shall include a variety of deciduous and evergreen trees and shrubs
and flowering plant species well adapted to the local climate.
Complies: The proposed landscaping exceeds this requirement.
4) II-B-3c) As many existing healthy trees on the site shall be saved as is reasonably feasible.
Complies: There are no proposals to remove any existing trees.
5) II-B-3d) Buildings adjacent to streets shall be buffered by landscaped areas of at least 10 feet in
width.
o Not applicable: Property is within Ashland Historic District.
II-B-3e) Parking areas shall be shaded by large canopied deciduous trees and shall be adequately
screened and buffered from adjacent uses.
25
Joseph Charter - 92 Eightl7 '~reet, 39 1 E 09AD
Findings of Fact: Site Revie..
01/07/11
o Not applicable - no parking areas are proposed
1) II-B-3f) Irrigation systems shall be installed to assure landscaping success. Refer to Parking Lot
landscaping and Screening Standards for more detail.
o Complies: Existing landscaping and irrigation meet these standards
II-B-4) Open Space
II-B-4a) An area equal to at least 8 % of the lot area shall be dedicated to open space for
recreation use by the tenants of the development.
o Complies: refer to Site Plan for indicated open space.
II-B-4c) Decks, patios, and similar areas are eligible for open space criteria. Play areas for children
are required for projects of greater than 20 units that are designed to include families.
o Complies: The open space requirement is met in yard space as indicated on plans.
II-B-5) Natural Climate Control
II-B-5a) Utilize deciduous trees with early leaf drop and low bare branch densities on the south sides
of buildings which are occupied and have glazing for summer shade and winter warmth.
o Complies: Refer to Landscape plans.
II-B-6) Building Materials
II-B-6a) Building materials and paint colors should be compatible with the surrounding area. Very
bright primary or neon-type paint colors which attract attention to the building or use are
unacceptable.
o Complies: Refer to elevations for compliance - paint colors are compatible to surrounding
areas. No bright or neon paint colors will be used. .
D. PARKING LOT LANDSCAPING AND SCREENING STANDARDS
11-0-1) Screening at Required Yards
11-0-1-1) Parking abutting a required landscaped front or exterior yard shall incorporate a sight
obscuring hedge screen into the required landscaped yard.
Not Applicable: Parking is not on property is relegated to on-street for this proposal
11-0-1-2) The screen shall grow to at least 36 inches higher than the finished grade of the parking
area, except for required vision clearance areas.
o Complies: proposed plantings to comply.
11-0-1-3) The screen height may be achieved by a combination of earth mounding and plant
materials.
o Not Applicable.
11-0-1-4) Elevated parking lots shall screen both the parking and the retaining wall.
o Not Applicable.
26
Joseph Charter - 92 Eigh '3treet, 39 1 E 09AD
Findings of Fact: Site Review
01/07/11
11-0-2) Screening Abutting Property Lines
Parking abutting a property line shall be screened by a 5' landscaped strip. Where a buffer between
zones is required, the screening shall be incorporated into the required buffer strip, and will not be an
additional requirement.
Not Applicable: Parking is not on property is relegated to on-street for this proposal
11-0-3) Landscape Standards
11-0-3-1) Parking lot landscaping shall consist of a minimum of 7 % of the total parking area plus a
ratio of 1 tree for each seven parking spaces to create a canopy effect.
Not applicable: Parking is not on property is relegated to on-street for this proposal
11-0-3-2) The tree species shall be an appropriate large canopied shade tree and shall be selected
from the street tree list to avoid root damage to pavement and utilities, and damage from droppings to
parked cars and pedestrians.
Complies: Refer to landscape plans for tree specification.
11-0-3-3) The tree shall be planted in a landscaped area such that the tree bole is at least 2 feet from
any curb or paved area.
Complies: Refer to landscape plans for tree planting specification.
11-0-3-4) The landscaped area shall be planted with shrubs and/or living ground cover to assure 50%
coverage within 1 year and 90% within 5 years.
Complies: Refer to landscape plans for tree planting specification.
11-0-3-5) Landscaped areas shall be evenly distributed throughout the parking area and parking
perimeter at the required ratio.
Not applicable: Parking is not on property is relegated to on-street for this proposal
11-0-3-6) That portion of a required landscaped yard, buffer strip or screening strip abutting parking
stalls may be counted toward required parking lot landscaping but only for those stalls abutting
landscaping as long as the tree species, living plant material coverage and placement distribution
criteria are also met. Front or exterior yard landscaping may not be substituted for the interior
landscaping required for interior parking stalls.
Not applicable. No interior parking stalls are proposed.
11-0-4-1) Parking areas adjacent to residential dwelling shall be set back at least 8 feet from the
building, and shall provide a continuous hedge screen.
ot applicable: Parking is not on property is relegated to on-street for this proposal
11-0-5) Hedge Screening
11-0-5-1) Evergreen shrubs shall be planted so that 50% of the desired screening is achieved within 2
years, 100% within 4 years.
Complies: Existing screening meets this requirement.
11-0-5-2) Living groundcover in the screen strip shall be planted such that 100% coverage is achieved
within 2 years.
27
Joseph Charter - 92 Eight~ 'treet, 39 1 E 09AD
Findings of Fact: Site Revie..
01/07/11
Complies: The existing landscape living groundcover meets this requirement.
11-0-6) Other Screening
11-0-6-1) Other screening and buffering shall be provided as follow:
Refuse Container Screen, Service Corridor Screen, Light and Glare Screen:
Not applicable: not other screening required.
E. STREET TREE STANDARDS
APPROVAL STANDARD: All development fronting on public or private streets shall be required to
plant street trees in accordance with the following standards and chosen from the recommended list
of street trees found in this section.
II-E-1) Location for Street Trees
1. Street trees shall be located behind the sidewalk except in cases where there is a designated
planting strip in the right-of-way, or the sidewalk is greater than 8 feet wide. Street trees shall
include irrigation, root barriers, and generally conform to the standard established by the
Department of Community Development.
Complies: Refer to landscape plans for tree planting specification.
II-E-2) Spacing, Placement, and Pruning of Street Trees
All tree spacing may be made subject to special site conditions which may for reasons such as safety,
affect the decision. Any such proposed special condition shall be subject to the Staff Advisor's review
and approval. The placement, spacing, and pruning of street trees shall be as follows:
a. Street trees shall be placed at the rate of one tree for every 30 feet of street frontage. Trees
shall be evenly spaced, with variations to the spacing permitted for specific site limitations,
such as driveway approaches.
Complies: 60 feet of frontage along 8th Street requires 2 street trees. 100 feet of
frontage along C Street requires 4 street trees. The existing trees and proposed trees
meet this requirement - refer to landscape plans for site specific limitations
b. Trees shall not be planted closer than 25 feet from the curb line of intersections of streets or
alleys, and not closer than 10 feet from private driveways (measured at the back edge of the
sidewalk), fire hydrants or utility poles.
Complies: Trees meet this criteria and are indicated on the Landscape Plan
c. Street trees shall not be planted closer than 20 feet to light standards. Except for public
safety, no new light standard location shall be positioned closer than 10 feet to any existing
street tree, and preferably such locations will be at least 20 feet distant.
Complies: Trees meet this criteria and are indicated on Landscape Plan.
d. Trees shall not be planted closer than 2 ~ feet from the face of the curb except at
intersections where it shall be 5 feet from the curb, in a curb return area.
Complies: Refer to landscape plans for tree planting specification.
28
Joseph Charter - 92 Eigh '3treet, 39 1 E 09AD
Findings of Fact: Site Review
01/07/11
e. Where there are overhead power lines, tree species are to be chosen that will not interfere
with those lines.
Complies: Refer to landscape plans for tree planting specification.
f Trees shall not be planted within 2 feet of any permanent hard surface paving or walkway.
Sidewalk cuts in concrete for trees shall be at least 10 square feet, however, larger cuts are
encouraged because they allow additional air and water into the root system and add to the
health of the tree. Space between the tree and such hard surface may be covered by.
permeable non-permanent hard surfaces such as grates, bricks on sand, or paver blocks.
Complies: Refer to landscape plans for tree planting specification.
g. Trees, as they grow, shall be pruned to provide at least 8 feet of clearance above sidewalks
and 12 feet above street roadway surfaces.
Complies: The Owner agrees to prune the trees adjacent to sidewalks and driveways
to the clearances indicated by this requirement.
h. Existing trees may be used as street trees if there will be no damage from the development
which will kill or weaken the tree. Sidewalks of variable width and elevation may be utilized to
save existing street trees, subject to approval by the Staff Advisor,
Not Applicable: No existing street trees are close to proposed development.
II-E-3) Replacement of Street 'Trees
Existing street trees removed by development projects shall be replaced by the developer with those
from the approved street tree list. The replacement trees shall be of size and species similar to the
trees that are approved by the Staff Advisor.
Not Applicable: No existing street trees to be replaced.
II-E-4) Recommended Street Trees
Street trees shall conform to the street tree list approved by the Ashland Tree Commission.
Complies: Refer to landscape plans for tree planting specification.
SECTION 111- WA TER CONSERVING LANDSCAPING GUIDELINES & POLICIES
o Complies: Drought tolerant landscaping exists. All planting areas are watered by an
automatic irrigation system with pop-up spray heads and drip system. Spray system
maintains plantings more effectively than a drip system in certain areas of landscaping.
SECTION IV - HISTORIC DISTRICT DEVELOPMENT
HEIGHT: The project will increase its current height by 3 ft 5 inches at the single story peak of
ridge line of the existing structure.
SCALE: The project will increase its current historic frontage of the side (eave) end of the
gable (refer to existing photos) to a gable end of the proposed structure. The scale increases
appropriately in conjuction with the massing and shape in keeping with front facade scales
along C street.
29
Joseph Charter - 92 Eightl;' 'treet, 39 1 E 09AD
Findings of Fact: Site Revie:..
01/07/11
MASSING: The project will increase its current massing along the street frontage as indicated
above in the "SCALE" section. With the gable end replacing the eave end along the street
frontage, the massing is dynamic as the height changes from the ends of the fa~ade. This
varied massing impact along the street frontage is similar to massing along C Street.
SETBACK: The project will maintain its current historic setback. Refer to findings that address
improvement with the feel and use of the proposed fa~ade.
ROOF SHAPES: The apparent roof shape from the front be expressed as a gable - the same
shape as the existing residence roof shape but rotated - this variety and change adds to the
historic character of the neighborhood.
RHYTHM OF OPENINGS: The proposed historic fa~ade openings will be enlarged to express
the residential use and celebration of the northern view - this scale is consistent with the
rhythm of opening of adjacent buildings.
PLATFORMS: The project will remain at sidewalk level similar its neighbor to the north..
DIRECTIONAL EXPRESSION: The project will imporve its historical sense of directional
expression towards C Street.
SENSE OF ENTRY: There is significant improvement of this standard due to the elimination of
the parking area in the front of the existing building. The building is accessed from the street
with the entry gate intentionally designed to indicate a strong entry indicator for the public
right of way.
It is both the applicant and architect's opinion that entry directly into the encroaching building
onto the public right of way (non-compliant setback of 2 feet from the property line and the
public right of way) is counter to providing a healthy interface from a residence to the public.
By providing a strong sense of entry onto the property immediately adjacent to the fa~ade, the
proposal preserves the proper domain for public and private interface in an urban setting..
IMITATIONS: The fa~ade of the project will be built to be close to the originally built structure
determined by on-site matching to existing elements (siding, trim, etc.).
30
Joseph Charter - 92 Eigh! Hreet, 39 1 E 09AD
Findings of Fact: Site Review
01/07/11
PHOTO OF EXISTING NON-CONFORMING ACCESSORY STRUCTURE
(NORTH FACADE - C STREET FRONTAGE)
92 EIGHTH STREET
31
Joseph Charter - 92 Eightl;' "treet, 39 1 E 09AD
Findings of Fact: Site Revil..
01/07/11
PHOTO OF EXISTING RESIDENCE
(NORTH FACADE - C STREET FRONTAGE)
92 EIGHTH STREET
PHOTO OF EXISTING RESIDENCE
(WEST FACADE - EIGHTH STREET FRONTAGE)
92 EIGHTH STREET
32
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ZONING PERMIT APPLICATION
Planning Department
51 Winburn Way, Ashland OR 97520
CITY OF
ASHLAND 541-488-5305 Fax 541-488-6006
FILE
DESCRIPTION OF PROJECT
DESCRIPTION OF PROPERTY
~
a/VPU..0/V CJ;C ~t/~ ?D ,b.,J/~6-v~
Street Address
Tax Lot(s)
Assessor's Map No. 39 1 E
Zoning
~"'1-
Comp Plan Designation
Phone
Name
Address
PROPERTY OWNER
Name
/(
Phone
E-Mail
Address City
Zip
SURVEYOR. ENGINEER. ARCHITECT. LANDSCAPE ARCHITECT. OTHER
Title Name tA7z~ ):)t!!f,t: Phone
Address 2/7 rCt/~7.5;r-- ~
Zip
Title
Name
Phone
E-Mail
Address
City
Zip
I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects,
true and correct. I understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their
location found to be incorrect, the owner assumes full responsibility. I further understand that if this request is subsequently contested, the burden will be on me to
establish:
1) that I produced sufficient factual evidence at the hearing to support this request;
2) that the findings of fact furnished justifies the granting of the request;
3) that the findings of fact furnished by me are adequate; and further
4) that a/l structures or improvements are properly located on the ground.
ad and understood the complete application and its consequences to me as a properly
~/~/;f)
Date t
Date Received
I ~l -} I
Zoning Permit Type
J
Filing Fee $
I~ ~
OVER ~~
r. \rnllllll-l1f'l'\nl::!nninu\f.nrnH: IV H::!nrl"Illo;;\7nninll r)",mi, An"lh'::!linn J:"rm rln,...
Job Address:
Owner's Name: JOSEPH CHARTER
Customer #: 05903
JOSEPH CHARTER
Applicant: 92 EIGHTH ST
Address: ASHLAND OR 97520
Phone:
State Lie No:
City Lie No:
Phone: (541) 488-9556
Applied: 01/07/2011
Issued:
Expires: 07/06/2011
Sub-Contractor:
Address:
Maplot: 391 E09AD3802
Phone:
State Lie No:
City Lie No:
DESCRIPTION: conversion of accessory structure to 2nd living unit
COMMUNITY DEVELOPMENT
20 East Main St.
Ashland, OR 97520
www.ashland.or.us
Tel: 541-488-5305
Fax: 541-488-5311
TTY: 800-735-2900
Inspection Request Line: 541-552-2080
CITY Of
ASHLAND