BEFORE THE CITY COUNCIL
FOR THE CITY OF ASHLAND
STATE OF OREGON

December 7th, 2004

IN THE MATTER OF PLANNING ACTION #2004-110, REQUEST FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A NEW RESIDENCE 9.47 PERCENT IN EXCESS OF THE MAXIMUM PERMITTED FLOOR AREA ESTABLISHED BY CITY ORDINANCE ON THE PROPERTY LOCATED AT 150 CHURCH STREET. APPLICANT: Robert M. Saladoff

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FINDINGS, CONCLUSIONS AND ORDERS

RECITALS:

1)	Tax lot 3901 of 39 1E 08AD is located at 150 Church Street and is zoned R-1-7.5, Single Family Residential.
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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.
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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.
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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 pertaining to the appropriate development of the site.
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3)	A timely appeal was filed by several neighborhood residents who had participated in the previous hearing process, either orally or in writing.
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4)	The Council, following proper public notice, held a Public Hearing on December 7th, 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 City Council finds that it has received all information necessary to make a decision based on the 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 mass 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 permitted 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 certificate 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 design 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). If the Tree Commission 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 approved 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

By:      John W. Morrison, Mayor
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