HomeMy WebLinkAbout1990-077 Findings - WilliamsonBEFORE THE ASHLAND CITY COUNCIL
January 16, 1990
IN THE MATTER OF PLANNING ACTION #89-178, REQUEST FOR )
A CONDITIONAL USE PERMIT TO ALLOW A DUPLEX ON A CORNER)
LOT FOR THE PROPERTY LOCATED AT 321N MOUNTAIN AVENUE.)
APPLICANT: ROBERT WILLIAMSON )
)
FINDINGS,
CONCLUSIONS
AND ORDERS
RECITALS:
1) Tax lot 600 of 391E 4DD is located at 321N Mountain Avenue and
is zoned R-l-5; Single Family Residential.
2) The applicant is requesting a conditional use permit to allow a
duplex on a corner lot. A site plan is on file at the Department of
Community Development.
3) The criteria for approval for a Conditional Use Permit are found
in Chapter 18.104 and are as follows:
A. The proposal is in conformance with the Comprehensive Plan.
B. The location, size, design and operating characteristics of the
proposed development are such that the development will be
reasonably compatible with and have minimal impact on the livability
and appropriate development of abutting properties and the
surrounding neighborhood.
C. In determining the above, consideration shall be given to the
following:
1. Harmony in scale, bulk, coverage and density.
2. The availability and capacity of public facilities and utilities.
3. The generation of traffic and the capacity of surrounding
streets.
4. Public safety and protection.
5. Architectural and aesthetic compatibility with the surrounding
area.
4) The Planning Commission, following proper public notice, held a
Public Hearing on November 8, 1989 at which time testimony was
received and exhibits were presented. The Planning Commission
denied the application, noting that the applicant had failed to meet
the burden of proof.
5) The Ashland City Council, following proper public notice, held a
Public Hearing on January 16, 1990 at which time testimony was
received and exhibits were presented. The City Council granted the
application.
Now, therefore, the City Council of the City of Ashland finds,
concludes and recommends as follows:
SECTION 1. EXHIBITS
For the purpose of reference to these Findings, the attached index
of exhibits, data, and testimony will be used.
Staff Exhibits lettered with an "S"
Proponent's Exhibits, lettered with a "P"
Opponent's Exhibits, lettered with a "O"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an
SECTION 2. CONCLUSORY FINDINGS
2.1 The City Council finds that it has received all information
necessary to make a decision based on the Staff Report, public
hearing testimony and the exhibits received.
2.2 The City Council finds that the proposal to allow for a duplex
on a corner lot in a single family residential zone does meet all
relative criteria found in the Conditional Use Chapter 18.104.
The proposal is in conformance with the Comprehensive Plan.
The application with respect to its location, size, design and
operating characteristics are such the development will be
reasonably compatible with and have minimal impact on the livability
and appropriate development of abutting properties and the
surrounding neighborhood.
In determining the above,
following:
the City Council has considered the
1. Harmony in scale, bulk, coverage and density.
2. The availability and capacity of public facilities and utilities.
3. The generation of traffic and the capacity of surrounding
streets.
4. Public safety and protection.
5. Architectural and aesthetic compatibility with the surrounding
area.
SECTION 3. DECISION
3.1 Based on the record of the Public Hearing on this matter, the
City Council concludes that the proposal to allow for a duplex on a
corner lot in a single family residential zone is supported by
evidence contained in the record.
Therefore, based on our overall conclusions, and upon the proposal
being subject to each of the following conditions, we approve
Planning Action #89-178. Further, if any one or more of the
conditions below are not performed as required by the City of
Ashland, for any reason whatsoever, then Planning Action #89-178 is
denied. The following are the conditions and they are attached to
the approval:
1) That the access off of Mountain Avenue and for parking area be
provided with adequate back-up and turnaround, both to be paved
prior to occupancy of the new unit.
2) That the parking area adjacent to Mountain be adequately
screened by either a 42" fence or screen plantings of sufficient
size, such as 5-gal photinia on 3' centers.
3) That a restrictive covenant in favor of the City of Ashland be
placed on the property not allowing further partitioning of the
property without removing the kitchen from the new unit and
returning the structure to a single family dwelling status, except
as permitted under the current Ashland Municipal Code or as amended.
Such covenant to be presented to the City and recorded on the deed
prior to occupancy of the new unit.
4) That the applicant submit a revised building permit for the
addition of kitchen/cooking facilities in the new unit.
5) That the applicant sign in favor of further improvements to
Mountain Avenue, including curb, gutter, paving, and sidewalk.
Agreement to be signed and recorded prior to occupancy of the new
unit.
6) That the applicant provide a 15' slope easement along Mountain
Avenue as required by the Public Works Department. Such easements
to be provided prior to occupancy of the new unit.
Therefore, based on our overall conclusions, the Planning Action
89-178 is approved.
Pat Acklin, Council Chair
Mayor /
Nan E. Franklin
City Recorder