| Background: |
The following bulleted items are issues raised during testimony at the
public hearing at the City Council on June 20, 2004. Staff's comments and
draft conditions follow each bulleted issue.
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Door Location
The potential impact of the noise and light produced by the accessory residential
unit on the adjacent properties was identified at the public hearing.
Specifically, the owner of the property directly to the south (916 Garden
Way) expressed concern over the door location, lack of a visual screen between
the properties and location of new exterior lighting.
The approval criteria for a Conditional Use Permit require that the proposed
accessory residential unit will not have a "greater adverse material effect
on the livability" on the surrounding properties when compared to the target
use of the property. The amount of noise and light generated by the proposed
accessory residential unit is one of seven factors the approval criteria
identify for evaluation of material effect on livability. Past planning approvals
of accessory residential units have included conditions requiring screening
of adjacent properties through fencing, lighting type and placement and door
placement to mitigate or reduce potential noise and light impacts to adjacent
properties. The level of mitigation requirements should be based on an evaluation
of a comparison of the noise and light impacts of the proposal with the target
use of the property, which is a single-family home.
The primary entrance to the proposed accessory residential unit is located
on the south side of the existing structure. There is 13 feet between the
subject structure and the residence located on the property to the immediate
south. Currently, the standard minimum side-yard distance between two buildings
in the residential zoning districts is 12 feet. A floor plan is not included
in the application, but an alternative to the current configuration may be
to relocate the door to the accessory residential unit to the front of the
structure facing Garden Way. This would locate the door in the carport area.
In the original review of the application, Staff felt having one "front door"
facing Garden Way was more architecturally compatible with the surrounding
single-family residences. However, the finding could be that a side entrance
and associated foot traffic will create more of an impact than typically
experienced in a single-family residence. Staff suggests the following condition
of approval if door relocation is required.
POSSIBLE CONDITION:
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. |
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Fencing and Lighting
Similar to the door location, fencing or plantings could be required to visually
screen adjacent neighbors from potential light and noise impacts. The site
plan submitted with the application shows existing fencing along the side
property lines from the midpoint of the lot to the rear property line. There
also appears to be fencing in place on the adjacent properties. The primary
area of concern seems to be along the south side property line from the parking
area to the entrance of the proposed accessory residential unit. Staff suggests
the following condition of approval if the Council requires additional fencing.
POSSIBLE CONDITION:
15. That fencing in accordance with the height and design limitations of
18.68.010 shall be installed around the perimeter of the property in areas
without fencing prior to issuance of a certificate of occupancy for the accessory
residential unit. A fence permit shall be obtained prior to installation
of any fencing.
A condition was attached to the Hearings Board approval which required lighting
to be directed on the property and not illuminate adjacent properties (condition
12). |
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Recent Building Modifications
There was concern expressed during the public hearing that changes to the
existing structure had been made prior to the approval of the accessory
residential unit. It has not been established that the changes to the structure
could not be have been made or that the work was improperly performed. The
interior and exterior remodeling changes described in the testimony could
be made to a single-family residence without an approval for an accessory
residential unit. While the issue of meeting the building permit and building
code requirements is not typically addressed in the planning approval process,
a condition could be considered that requires a special inspection to determine
if recent building changes required building permits. Staff suggests the
following condition of approval if a special inspection is required.
POSSIBLE CONDITION:
16. That the accessory residential unit shall have a special inspection of
the recent changes to the structure by the Ashland Building Division at the
property owners' expense prior to any further construction or occupancy of
the accessory residential unit. The inspection shall determine if recent
changes required a building permit. If a building permit was required and
not received for recent changes, the applicant shall obtain the necessary
permits with a minimum double fee charge. |
Accessory residential units were added as a conditional use in the R-1
Single-Family Residential zoning district in 1991. The reason for allowing
accessory residential units was to provide a different housing type and to
accommodate growth within the community. The addition of accessory residential
units is consistent with several goals and policies of the Ashland Comprehensive
Plan that follow.
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"Ensure a variety of dwelling types and provide housing opportunities
for the total cross-section of Ashland's population, consistent with preserving
the character and appearance of the city." Goal, Chapter VI, Housing
"Strive to maintain a diversity of population groups in Ashland, especially
if increased growth pressure leads to more expensive housing. Concentrate
on population groups that are important to Ashland's character, such as students,
artists and actors, employees of the city, school district and college, service
personnel who work in the tourism industry, hourly wage earners in local
industries and local residents who have not retired and live on fixed incomes."
Policy V-4, Chapter V, Population
"It is the City of Ashland's goal to maintain a compact urban form and to
include an adequate supply of vacant land in the city so as not to hinder
natural market forces within the city, and to ensure an orderly and sequential
development of land in the city limits." Goal, Chapter XII, Urbanization |
Since 1991, a total of 94 accessory residential units have received planning
approval. This is the first application for an accessory residential unit
to be appealed to the City Council since the ordinance inception 13 years
ago. In general, few complaints have been received once the accessory residential
units are constructed and in use, and complaints tend to focus on units that
are existing but did not go through the Conditional Use Permit process. In
the Garden Way-Harmony Lane neighborhood, there is one approved accessory
residential unit located at 869 Garden Way (PA 2002-073). There are no other
approvals on record for Garden Way, Harmony Lane, Sunset Avenue or Ross Lane.
While the neighborhood has provided numerous issues and comments regarding
the request, Staff believes that this request is not dissimilar from the
many other accessory residential units approved, and encouraged, throughout
Ashland. These units provide a different housing option for residents, while
maintaining the scale and appearance of existing neighborhoods. They have
been a successful tool for housing and accommodating growth within the community. |
