HomeMy WebLinkAbout2004-189 Findings - VanDykeBEFORE THE CITY COUNCIL
FOR THE CITY OF ASHLAND
STATE OF OREGON
August 3, 2004
1N THE MATTER OF PLANNING ACTION #2004-052, A REQUEST FOR
A CONDITIONAL USE PERMIT AND SITE REVIEW APPROVAL TO
CONVERT A PORTION OF THE EXISTING RESIDENCE AT 904 GARDEN
WAY INTO AN ACCESSORY RESIDENTIAL UNIT.
APPLICANT: Jane Cory-VanDyke and Dennis Gray
)
) FINDINGS,
) ,CONCLUSIONS
)
)
)
RECITALS:
1) Tax lot 5100 of 391E 15AC is located at 904 Garden Way and is zoned R-1-7.5: Single-Family
Residential.
2) The applicant is requesting a Conditional Use Permit and Site Review approval to convert 475 square
feet of the existing residence into an accessory residential unit.
3) The criteria for a Conditional Use Permit are described in Chapter 18.104 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 [,lan 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 liwability 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 fac/ilities.
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.
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use.
Other factors found to be relevant by the Hearing Authority for review of the proposed
4) The following approval criteria for Site Review approval are described in 18.72.070:
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Bo
Do
All applicable City ordinances have been met or will be met by the proposed
development.
All requirements of the Site Review Chapter have been met or will be met.
The development complies with the Site Design Standards adopted by the City Council
for implementation of this Chapter.
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.
5) The Council, following proper public notice, held a Public Hearing on July 20, 2004 and August
3, 2004, at which time testimony was received and exhibits were presented. The record made before the
Hearings Board was; received and is made a part of the record for this proceeding. Tl~e Council
approved the application subject to conditions pertaining to the appropriate development of the site.
Now, therefore, the Council of the City of Ashland finds, concludes and concludes as follows:
SECTION 1. EXHIBITS
For the purposes of reference to these Findings, the attached index of exhibits,, data, and testimony
will be used.
Staff Exhibits lettered with an "S"
Proponent's Exhibits, lettered with a "P"
Opponent's Exhibits, lettered with an "0"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M"
SECTION 2. CONCLUSORY FINDINGS
2.1 The Council finds that it has received all information necessary to make a decision based on
the Staff Relport, public hearing testimony and the exhibits received.
2.2 The Council finds that the proposal to convert 475 square feet of living space to an accessory
residential unit complies with the criteria for a Conditional Use Permit and the requirements for an
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7. Other' factors found to be relevant by the Hearing Authority for review of the proposed
use.
4) The following approval criteria for Site Review approval are described in 18.72.070:
A,
Bo
D.
All applicable City ordinances have been met or will be met by the pro,posed
development.
All requirements of the Site Review Chapter have been met or will be met.
The development complies with the Site Design Standards adopted by the City Council
for implementation of this Chapter.
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.
5) The Council, following proper public notice, held a Public Hearing on August 3, 2004, at which
time testimony was received and exhibits were presented. The record made before the Hearings Board
was received and is made a part of the record for this proceeding. The Council approved the application
subject to conditions, pertaining to the appropriate development of the site.
Now, therefore, the Council of the City of Ashland finds, concludes and concludes as follows:
SECTION 1. EXHIBITS
For the purposes of reference to these Findings, the attached index of exhibits, data, and testimony
will be used.
Staff Exhibits lettered with an "S"
Proponent's Exhibits, lettered with a "P"
Opponent's Exhibits, lettered with an "O"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an "M"
SECTION 2. CONCLUSORY FINDINGS
2.1 The 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 Council finds that the proposal to convert 475 square feet of living space to an accessory
residential unit complies with the criteria for a Conditional Use Permit and the requirements for an
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accessory residential unit. The existing house contains 1,574 square feet of living area. Accessory
residential units are limited in size to a maximum of half of the gross habitable floor area of the
primary residence. The proposed accessory residential unit contains 475 square feet of living space.
Since the residence is being modified internally to allow for the accessory re:sidential unit, 1,099
square feet of the original total square footage will be dedicated to the primary residence. The
proposal meets the size requirement because the accessory residential unit is less than half the size
of the primmy residence.
A total of three parking spaces are required for the proposal with one space required for the
accessory residential unit and two spaces required for the primary residence. The requirement is
satisfied by two parking spaces which will be provided on site and two on-street spaces which will
be provided adjacent to the property on Garden Way for an off-street parking credit. A condition
has been added requiring the driveway apron to be shifted to the south so as to provide 48 lineal feet
of uninterrupted curb line adjacent to the property for an off-street parking credit. A total of 30%
of the site covered with impervious surface which is below the maximum of 45% allowed in the
zone. The footprint and height of the structure will not be altered, and as a re:sult the setback will
not change.
2.3 The Council finds that City facilities are in place and have adequate capacity to provide service
to the proposed accessory residential unit. Public facilities including water, sewer, electric and storm
sewer are located within Garden Way and are available to accommodate service needs of the project.
Garden Way is an improved city street, which provides paved access to and through the property.
Garden Way is a Neighborhood Street improved to City standards without continuous sidewalks.
A condition has been added requiting the applicant to sign in favor of a local improvement district
to install sidewalks at a future date. Bicycle traffic is accommodated in a shared lane in accordance
with the City street standards for a neighborhood street.
2.4 The property is a slightly oversized being 8,125 square feet with the minimum lot size in this
zone (R-1-7.5) being 7,500 square feet. The target use of the property is one single-family residence.
The parcel is within 1/3 of a mile from Siskiyou Boulevard and the bus route w]~ich makes walking,
bicycling and. transit viable options for residents of the accessory residential unit. Since the building
will not be altered except for interior remodeling and additions of windows and doors, the
appearance of the residence will be largely unchanged. As a result, the scale, btflk, lot coverage and
architectural compatibility will not change. The Council finds that the existing main entry to the
accessory residential unit on the side of the house will create more of a negative effect on the
adjacent property to the south than a single-family home. As a result, conditic.ns have been added
requiring the main entry to the accessory residential unit to be removed from the side of the house
and replaced on the front of the house, and requiring additional screening along the south property
line. The Council finds that with the attached conditions the proposed accessory residential unit will
have no greater adverse affect on the livability of the neighborhood than the target use of the
property.
2.5 The Council finds that the project design is consistent with the City's Site Design Standards
including orientation, streetscape, landscaping, open space and building materials. The primary
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residence is existing and will remain largely unchanged on the exterior, and as a result the proposal
complies witlh the Site Design and Use Standards. The Council felt it was most appropriate to have
the site and structure continue to appear as a single-family residence given tl~[e low profile of the
Ranch Home architectural style as well as the general development pattem of the neighborhood. The
application includes a landscape plan. Most of the existing landscaping on the site is mature and will
remain in place. New plantings with an irrigation system are proposed in the tSont yard area. The
proposal does not include the removal of any trees on the property.
SECTION 3. DECISION
3.1 Based on the foregoing timings of facts, conclusions of law and evidence contained in the whole record,
the Council finds and concludes that the application for a Conditional Use Permit and Site Review approval
to construct has satisfied all relative substantive standards and criteria contained within the Ashland
Municipal Code and the Ashland Site Design and Use Standards.
The Council ultimaltely concludes, based upon the foregoing and following conditions, that planning
application 2004-052 complies with all requirements of the City of Ashland and of the State of Oregon.
Therefore, the City Council upholds the decision of the Ashland Hearings Board an{/[ approves planning
application 2004-052 and imposes the following conditions.
1) That all proposals of the applicant are conditions of approval unless otherwise modified here.
2) That the driveway and edging for the second parking space on site shall be installed prior to
issuance of the certificate of occupancy.
3) That the property owners shall sign in favor of a local improvement district to install sidewalks on
Garden Way prior to issuance of the building permit for the accessory residential unit.
4) That a separate electric meter for the accessory residential unit shall be installed in accordance with
Ashland Electric Department requirements prior to issuance of the certificate of occupancy.
5)
The landscapin.g plan shall be revised to eliminate additional plantings other tha]~ ground cover in
the street right-of-way (area behind curb), and to include street trees at 1 per 30 feet of street frontage
prior to issuance of the building permit. That a landscape plan shall be submitted for review and
approval of the Staff Advisor prior to issuance of the building permit. Landscaping and the irrigation
system shall be installed in accordance with the approved plans prior to issuance of the certificate of
occupancy.
6)
The street trees shall be installed behind the location of a future sidewalk prior to the issuance of
the certificate of occupancy for the primary residence. All street trees shall be cho:sen from the
adopted Street Tree List and shall be installed in accordance with the specificatio~ts noted in Section
E of the Site Design and Use Standards. The street trees shall be irrigated.
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7)
8)
9)
That the irrigation plan shall be submitted with the building permit for the accessory residential
unit for review and approval by the Ashland Conservation Division.
That all requirements of the Ashland Fire Department shall be met including, but not limited to
installation of srnoke alarms complying with current O.R.S. requirements, prior to issuance of the
certificate of occupancy.
That an oppo~nity to recycle site shall be located on the site, or an individual recycle bin shall be
provided to the accessory residential unit in conformance with 18.72.040 prior to :issuance of the
certificate of occupancy for the accessory residential unit.
That all requirements of the Ashland Building Division shall be met including, but not limited to
separation requirements. A building permit shall be obtained as required by the Ashland Building
Division for modifications to create the accessory residential unit.
11) That the Systems Development Charges (SDC's) for transportation, parks, water and sewer shall be
paid in full with 'the building permit or prior to the issuance of the certificate of occupancy,
whichever is issued first.
12) That all exterior lighting shall be directed on the property and shall not illuminate adjacent proprieties.
13) That the driveway apron shall be removed and replaced with a new driveway apron by shifting the
location to the south and centering a new apron to provide access to the two off-street parking spaces
and to provide 48 feet of adjacent uninterrupted curb necessary for one off-street parking credit. A
driveway apron plan shall be submitted for review and approval of the Staff Advisor prior to installation.
A permit for work in the street right-of-way shall be obtained prior to installation from the Ashland
Engineering Division. The new driveway apron and curb replacement shall be insllalled in accordance
with the approved plan prior to issuance of a certificate of occupancy for the accessory residential unit.
14) That the primary entrance to the accessory residential unit shall be relocated to the west side of the
structure facing Garden Way and the existing door on the south side of the building shall be removed
prior to occupancy of the accessory residential unit. The design of the primary entrance shall not
interfere with the parking space in the carport and shall be submitted for review and approval of the
Staff Advisor with the building permit submittals for the accessory residential unit. A floor plan of the
accessory residential unit shall be submitted with the building permit submittals.
15) That fencing in accordance with the height and design limitations of 18.68.010 shall be installed along
the southern property line in areas without fencing prior to issuance of a certificate of occupancy for the
accessory residential unit. The fencing shall screen the property to the south from the parking area,
lights and foot traffic associated with the accessory residential unit. A fence permit shall be obtained
prior to installation of any fencing.
16)
That the accessory residential unit shall not exceed 550 square feet unless a :modification of the
conditional use permit is approved.
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That the electric pole adjacent to the driveway shall be inspected by the Ashland Electric Department
to determine if safety measures are required prior to installation of a new driveway apron. Any required
safety measures shall be installed and inspected by the Ashland Electric Department prior to occupancy
of the accessory residential unit.
CITY OF ASHLAND, OREGON
By:
Alan DeBoer, 1VIayor
Date
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