HomeMy WebLinkAbout2005-006 Findings - Saladoff
BEFORE THE CITY COUNCIL
FOR THE CITY OF ASHLAND
STATE OF OREGON
December ih, 2004
IN THE MATTER OF PLANNING ACTION #2004-110, REQUEST FOR A ) FINDINGS,
CONDITIONAL USE PERMIT TO CONSTRUCT A NEW RESIDENCE 9.47 ) CONCLUSIONS
PERCENT IN EXCESS OF THE MAXIMUM PERMITTED FLOOR AREA ) AND ORDERS
ESTABLISHED BY CITY ORDINANCE ON THE PROPERTY LOCATED AT 150 )
CHURCH STREET. )
)
APPLICANT: Robert M. Saladoff )
----------------------------------------..---------------------------------------------------------------
RECITALS:
1) Tax lot 3901 of39 IE 08AD is located at 150 Church Street and is zoned R-I-7.5, Single Family
Residential.
2) The applicant is requesting a Conditional Use Permit to construct a new residence 9.47 percent in
excess of the maximum permitted floor area for dwellings within a Historic District established by City
Ordinance 18.20.040.G.
3) The criteria for a Conditional Use Permit are described in Chapter 18.104 and are 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.
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.
2) The Planning Commission Hearings Board, following proper public notice, held a public hearing on
October 12, 2004 at which time, after receiving all testimony and exhibits, approved the application
subject to conditions pe:rtaining to the appropriate development of the site.
3) A timely appeal was fih~d by several neighborhood residents who had participated in the previous
hearing process, either orally or in writing.
4) The Council, following proper public notice, held a Public Hearing on December i\ 2004 at which
time testimony was rec(~ived 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 letten~d 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 City Council finds that it has received all information necessary to make a decision
based onth(~ Application, Staff Report, public hearing testimony and the exhibits received.
2.2 The City Council finds that the proposal to construct a 3,557 square foot dwelling, 9.47
percent in excess of the maximum permitted floor area, complies with the Conditional Use
Permit criteria in Chapter 18.104. Specifically, the City Council finds that the proposed home
is compatible in terms of bulk and scale with the surrounding neighborhood. The design
reduces the Inass of the structure presented to the street using features including a low-sloped
roof, a front yard setback in line with the existing adjacent Victorian to the west, multiple
building offsets and bump-outs responding to site conditions and providing texture to the
building envelope, a covered porch, a bay window, and large roof overhangs. The single
story rear volume steps down to minimize the mass at the street allowing the front volume of
2,157 square feet to be the primary structural appearance on Church Street.
2.3 The City Council finds that all public facilities such as sewer, water, electric, storm drainage
and fire protection are available or will be installed as per the conditions listed below to serve
the site and proposal.
2.4 The Council finds that the proposed home, while only being 9.47% larger than the outright
allowed square footage, will not have greater adverse material effect on the livability of the
impact area in terms of the issues raised during the hearing than a single family home of an
outright pennitted size on the same property.
SECTION 3. DECISION
3.1 Based on the foregoing findings 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 to construct a single-family
residence which exceeds the Maximum Permitted Floor Area by 9.47 percent has satisfied all relative
substantive standards and criteria contained within the Ashland Municipal Code and the Ashland Site Design
and Use Standards.
The Council ultimately concludes, based upon the foregoing and following conditions, that planning
application 2004-110 complies with all requirements of the City of Ashland. Therefore, the City Council
upholds the decision of the Ashland Planning Commission Hearings Board and approves Planning Action
2004-110 and imposes the following conditions.
1. That all proposals of the applicant be conditions of approval unless otherwise modified here.
2. That street trees, 1 per 30 feet of street frontage, shall be installed in the parkrow prior to the
issuance of a ceI1ificate of occupancy. All street trees shall be chosen from the adopted Street
Tree List and shall be installed in accordance with the specifications noted in Section E of the
Site Design and Use Standards. The street trees shall be irrigated.
3. That all conditions of the Fire Department shall be met, including but not limited to the
requirement to provide an alternative (hydrant, sprinklers, etc.) for review and approval by the
Fire Department if fire flows are inadequate for the size of the structure.
4. That the Tree Commission shall examine and endorse that the foundation and east side grading
de:sign will not endanger the survival of the California Black Oak tree, near the property line
between 150 Church Street and 142 Church Street (approximately 45 feet from Church Street).
PA 2004-110
Page 3
If the Tree Conlmission cannot so endorse, it shall, within bounds of technical and financial
reasonableness, recommend protective design provisions which the applicant shall incorporate
before building permit approval.
5. That the applicant agrees to relocate the east side exterior basement entrance eight feet farther
north, relative to the design originally submitted for review, to bring the construction trenching
and stairwell safely beyond the tree dripline.
6. That the approvl~d tree conservation plan during construction shall specifically include protection
for the California Black Oak tree, near the property line between 150 Church Street and 142
Church Street (approximately 45 feet from Church Street), whose trunk is on the neighboring
property.
CITY OF ASHLAND, OREGON
o~
(Datf
PA 2004-110
Page 4