HomeMy WebLinkAboutNMain_438_PA-2012-00432 Jackson County Official Records 2012-031811
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$3.00
015471252)1200318110040049
1,Christine Walker,County Clark for Jackson County,Oregon,..rtlfy
that the instrument identifled herein_c recorded in the Clark
records.
Christine Walker-County Clerk
PFJVATE PARKING ACCESS EASEMENT and DEED RESTRICTION
'
This Declaration is made this 20 day of September,2012 by Dermot and Sally
O'Brien for themselves,their heirs,personal representatives,successors,grantees and assigns.
RECITALS:
A. The Declarants,Dermot and Sally O'Brien,are the owners of the property located at 438
North Main St./437 Lori Lane,in Ashland Oregon(Exhibit A),upon which they operate a
bed and breakfast business and also reside.
B.The Declarants have sought the ability to partition their property and such partition was
approved by the City ofAshland pursuant to Planning Action PA-2012-00432.
C.The partition approval from the City of Ashland contained certain conditions,including that
there be a deed restriction on both resulting parcels,"specifying that the use must be for a
motel/hotel use as approved,and cannot be used solely for residential purposes";and that the
final plat include"easement language clarifying how the current parking spaces will be
allocated for each of the proposed parcels."
NOW THEREFORE:
The Declarants declare and agree to the following,which are for the purpose of meeting
the conditions of the City of Ashland partition approval and protecting the value of the subject
property. The obligations and agreements set forth herein are intended to run with the subject
property and be binding on all parties,now or in the future,that shall have any right,title,
interest or claim to'the subject properties as partitioned and shall inure to the benefit of each
owner of such properties.
1. Private Parking Access Easement The owners,guests,invitees,customers and other
patrons commonly associated with the business use of the property which shall front on Lori
Lane following the partition of the subject property,shall have the exclusive right to use the
area set forth in Exhibit B("casement area"). This described casement area shall provide the
benefiting parcel with area sufficient to complete a third parking space,as required by
PA-2012-00432-
a. Repair and Maintenance. The owner of the Lori Lane parcel which benefits from the
Private Parking Access Easement shall be responsible for all repairs,maintenance and
expenses associated with the easement area, including but not limited to,a pro-rata amount
ofproperty tax associated with the easement area.
b. Hold Harmless. The owner of the benefiting Lori Lane parcel shall defend, indemnify and
hold the owner of the North Main parcel harmless from and against any and all losses,
claims,demands or other liabilities whatsoever arising from the use allowed under this
agreement.
c. Perpetual Easement, This easement shall be an exclusive and perpetual easement solely
for the purposes of parking related to the business operations of the benefiting parcel.
d. Access. The owners of the two resulting parcels are hereby bound to cooperate and not
frustrate each parcel's access to the existing parking areas from Lori Land and North Main
streets, including but not limited to the easement area.
e. Merger. In the event that this easement is deemed invalid for any reason, including the
doctrine of merger,the Declarants hereby restrict the subject property as set forth herein.
Following the anticipated partition pursuant to PA-2012-00432,the owner of the parcel
fronting on Lori Lane,benefiting from the easement,may demand in writing this same
easement be granted by the then owner of the parcel fronting on North Main. Such
easement shall be granted within a reasonable time,but not greater than 30 days from
receipt of the request to grant such easement. All costs related to the later granting of this
easement shall be borne by the granting party,the owner of the North Main parcel, except
that each party shall pay its own legal and consulting fees which it deems necessary for the
review of the easement.
2. Deed Restriction-Use to Conform to Zoning. The subject property(Exhibit A)is held and
shall be held, occupied and improved, subject to the following restriction which is agreed upon
for the purpose of maintaining consistency with the City of Ashland's Employment zoning
standards,Ashland Municipal Code, Chapter 18.40. This provision of the Ashland Municipal
Code allows a variety of employment and commercial uses on the subject property. The
Declarants hereby restrict the subject property(and related parcels following the partition
contemplated by PA-2012-00432 as follows:
The use of the property shall be for motel/hotel use as well as all other uses permitted under
Ashland Municipal Code, Chapter 18.40,provided this continues to be the applicable zoning
designation for the subject property,but shall not be used so el for residential purposes.
2
3. Dispute Resolution. In the event of a suit or action brought to enforce this Declaration,the
losing party, or parties, shall pay the prevailing party or parties'reasonable attorney fees as
determined by the Court or Courts in which the matter is tried or heard, including any appeal
of the matter.
IN WITNESS WHEREOF,the Declaration has been executed as of the date first written above
by the parties.
G)
Dermot O'Brien,Declarant/Owner
Sally O'Brien, Declarant/Owner
STATE OF OREGON
COUNTY OF JACKSON
This instrument was acknowledged before me on L� , 2012 by Dermot and
Sally O'Brien who acknowledged that he/she signed said instrument. i' � __ -t
- - Notary Public for Oregon
OFFICIAL SEAL
ROMMEL L BURNS My Commission expires:
f'. NOTARY PUBLIC-OREGON
COMMISSION NO.467281
MY COMMISSION EXPIRES APRIL 03,2016
3
i
CI 'T' Y OF
May 16, 2012 ASHLAND
Dermott& Sally O'Brian
437 Lori Lane
Ashland OR 97520
RE: Planning Action#2012-00432
Notice of Final Decision
On May 16, 2012,the Staff Advisor for the Ashland Planning Division administratively approved your
request for the following:
PLANNING ACTION: PA-2012-00432
SUBJECT PROPERTY: 438 North Main Street
APPLICANT: Dermott and Sally O'Brian
DESCRIPTION: A request for a Minor Land Partition to separate the property located at
438 North Main into two separate parcels. The front parcel on North Main will become approximately
12,144 square feet,while the.rear parcel on Lori Lane will become approximately 7,855 square feet. The
applicant is also requesting two Conditional Use Permits as both lots are proposing to retain a Hotel/Motel
use in accordance with AMC 18.40. COMPREHENSIVE PLAN DESIGNATION: Employment;
ZONING: E-1; ASSESSOR'S MAP: 39 lE 05DA; TAX LOT: 2800.
6
The Staff Advisor's decision becomes final and is effective on the 13''day after the Notice of Final
Decision is mailed.
Prior to the final decision date, anyone who was mailed this Notice Of Final Decision may request a
reconsideration of the action by the Staff Advisor as set forth in the Ashland Land Use Ordinance
(ALUO) 18.108.070(B)(2)(b) and/or file an appeal to the Ashland Planning Commission as provided in
the ALUO 18.108.070(B)(2)(c).
An appeal may not be made directly to the Land Use Board of Appeals. Oregon law states that failure to
raise an objection concerning this application,by letter, or failure to provide sufficient specificity to afford
the decision maker an opportunity to respond to the issue,precludes your right of appeal to LUBA on that
issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of
appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to
proposed conditions of approval with sufficient specificity to allow this Department to respond to the
issue precludes an action for damages in circuit court.
The application, all associated documents and evidence submitted, and the applicable criteria are available
for review at no cost at the Ashland Community Development Department, located at 51 Winburn Way.
Copies of file documents can be requested and are charged based on the City of Ashland copy fee
schedule.
If you have any questions regarding this decision,please contact the Community Development
Department between the hours of 8:00 am and 4:30 pm,Monday through Friday at(541)488-5305.
cc: Enter Owner,etc
Parties of record and property owners within 200 ft
COMMUNITY DEVELOPMENT DEPARTMENT Tel:541-488-5305
51 Winbum Way Fax:541-552-2050 all
Ashland,Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
t
ASHLAND PLANNING COMMISSION
FINDINGS & ORDERS
PLANNING ACTION: PA-2012-00432
SUBJECT PROPERTY: 438 North Main Street/437 Lori Lane
APPLICANT: Dermott and Sally O'Brian
DESCRIPTION: A request for a Minor Land Partition to separate the property located at
438 North Main into two separate parcels. The front parcel on North Main will become
approximately 12,144 square feet, while the rear parcel on Lori Lane will become approximately
7,855 square feet. The applicant is also requesting two Conditional Use Permits as both lots are
proposing to retain a Hotel/Motel use in accordance with AMC 18.40.
COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1;
ASSESSOR'S MAP: 39 lE 05DA; TAX LOT: 2800
SUBMITTAL DATE: March 21, 2012
DEEMED COMPLETE DATE: April 11, 2012
STAFF APPROVAL DATE: May 16, 2012
FINAL DECISION DATE: May 28, 0212
APPROVAL EXPIRATION DATE: May 28, 0213
The property is located at 43 8 North Main Street between Hersey and Glenn Streets,and also has street
fiontage on Lori Lane and an alley to the north. The property and surrounding uses to the north and
south are zoned E-1,while the uses to the east are zoned R-3 and the uses across North Main Street to
the west are zoned R-2.The site currently contains a seven-unit hotel known as the Bayberry Inn plus
an on-site manger's residence with an address of 437 Lori Lane.No additional units are being added or
exterior changes are proposed with this application. Both North Main Street and Lori Lane are
improved with curbs, gutters, and curbside sidewalks.
In February of 1990,previous owners received approval to convert the residence into a 5-unit motel
and live on-site.In March of 1994,the property was granted approval for a 28 seat restaurant with a
reduction in the number of units, however this project was never completed and the use reverted
back to a hotel. Over the past 18 years,additional guest units have been added to the property as well
as an on-site residence located on Lori Lane. Five guest units are within the primary structure off
North Main,one unit is in the renovated carriage house in the northeast corner of the lot,and a single
unit located in the bottom floor of the manager's residence; for a total of eight units including the
manager's quarters.
The application is to divide the property into two separate parcels each having its own Conditional Use
Permit for a hotel use.The parcel fronting onto North Main Street will be approximately 12,144 square
feet and will contain the historic primary structure located within.the Skidmore Academy Historic
District;while the rear parcel off of Lori Lane will be approximately 7,855 square feet and will have the
residence quarters plus two hotel units,and is not located within a historic district.The current owners
will maintain both hotel uses until the parcel off North Main Street can be sold.
PA-2012-00432
438 N.Main/MP
Page 1
In terms of the partition request, the property is proposed to be divided along an existing short rock
retaining wall that provides for a natural boundary that allows for substantial yard areas for both
proposed lots.Proposed Parcel 1 (438 North Main)will measure roughly 120 by 100 feet for a total of
12,144 square feet;while the proposed Parcel 2(437 Lori Lane)will measure approximately 79 by 100
feet for a total of 7,855 square feet.Since there is no established minimum lot size for an E-1 zone,both
proposed parcels will meet the size requirements for the zone. Staff fords that since the parent parcel
has right-of-way access on three sides, that future uses of the property will not be impeded by the
proposed division, and that future development potential of the property will be able to accommodate
permitted or special permitted uses. Since there are no new additional units or exterior changes, the
existing public facilities area available in the adjacent rights-of-way and will be able to continue to
serve the hotel uses as they have for years.
In accordance with Ashland Municipal Code (AMC) 18.40, Hotels/Motels are approved as a
conditional use in the E-1 zoning district. The target use of the zone is general offices with a
developed intensity of.35 gross floor area ratio.In terms of the generation of traffic,an office equal
to the size of the current structures generates an average of 80.5 vehicle trips per day(11.5 vehicle
trips per 1000 square feet of office). In contrast,the existing hotel use generates 79.6 vehicle trips
per day(8.7 trips per guest unit). The vehicle trips will be split between North Main Street and Lori
Lane, and the proposed use will not generate more traffic than the target use of the property.
Additionally, due to the proximity of the property to downtown, it is foreseeable that many guests
may wish to walk to establishments and services, thus creating a positive benefit to the city and
reducing the overall vehicle trips that guest may take. In terms of the scale, bulk, and architectural
compatibility,all of the existing structures are compatible with the historic structures on the property,
no new additional units or exterior changes are proposed with this application. The proposed use
would not create more dust,noise,light or glare than would other comparable uses permitted in the
E-1 zoning district.
In accordance with 18.92.030.A.4,hotel uses require one parking space per guest unit,plus one space
for the owner/manager.The parking demands for the two proposed uses are six spaces for 438 North
Main,and three for 437 Lori Lane. The application materials state that a total of ten parking spaces
are currently available on-site;four in the circular drive,one parallel space next to the home adjacent
to the alley, and five head-in spaces between the main house and the carriage house off the alley.In
speaking with the applicant, while four vehicles in the front circular drive is possible, it may be
logistically difficult especially if a guest has a large vehicle,then maneuverability in and around the
spaces will be hard given current landscaping and width of the driveway.Additionally,in scaling the
standard parking dimension of 9 by 18 feet,staff can only fit three vehicles within the drive.As such,
staff recognizes nine parking spaces on-site which fulfills the parking demands for both proposed
two hotel uses. The applicant as indicated that the final plat will include easement language
clarifying how the current parking spaces will be allocated; a condition will be added to this effect.
There is adequate capacity in water,sewer,storm sewer,electric,and transportation facilities to serve
the existing uses. Other than minor irrigation and electrical services,the property already has some of
the utilities separated; the remainder will be divided at the time of final plat. A condition will be
added that a final utility plan for the parcels shall be submitted for review and approval by the
Planning, Engineering, and Building Divisions prior to signature of the final survey plat.
PA-2012-00432
438 N.Main/MP
Page 2
In Staff's opinion, the property has been functioning as a hotel for the past 22 years without
violations or complaints regarding the use, and has been in conformance with the standards and
regulations as envisioned by the Comprehensive Plan. Therefore staff finds that the proposed
partition will not have greater adverse affect on the livability of the neighborhood than the target use
of the property;and therefore meets the minimum standard of a minor land partition and Conditional
Use criteria.
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 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.
The criteria for a Minor Land partition are described in Chapter 18.76.050 as follows:
An application for a preliminary partition shall be approved when the following conditions exist:
A. The future use for urban purposes of the remainder of the tract will not be impeded.
B. The development of the remainder of any adjoining land or access thereto will not be impeded.
C. The tract of land has not been partitioned for 12 months.
D. The partitioning is not in conflict with any law, ordinance or resolution applicable to the land.
E. The partitioning is in accordance with the design and street standards contained in the Chapter 18.88,
Performance Standards Options. (ORD 2836, 1999)
F. When there exists adequate public facilities, or proof that such facilities can be provided, as
determined by the Public Works Director and specified by City documents, for water, sanitary sewers,
storm sewer, and electricity,
G. When there exists a 20-foot wide access along the entire street frontage of the parcel to the nearest
fully improved collector or arterial street, as designated in the Comprehensive Plan. Such access shall
be improved with an asphaltic concrete pavement designed for the use of the proposed street. The
minimum width of the street shall be 20-feet with all work done under permit of the Public Works
Department.
1. The Public Works Director may allow an unpaved street for access for a minor land partition when
PA-2012-00432
438 N.Maffi"
Page 3
all of the following conditions exist;
a. The unpaved street is at least 20-feet wide to the nearest fully improved collector or arterial
street,
b. The centerline grade on any portion of the unpaved.street does not exceed ten percent,
2. Should the partition be on an unpaved street and paving is not required, the applicant shall agree
to participate in the costs and to waive the rights of the owner of the subject property to
remonstrate both with respect to the owners agreeing to participate in the cost of full street
improvements and to not remonstrate to the formation of a local improvement district to cover
such improvements and costs thereof. Full street improvements shall include paving,curb,gutter,
sidewalks and the undergrounding of utilities. This requirement shall be precedent to the signing
of the final survey plat, and if the owner declines to so agree, then the application shall be denied.
H, Where an alley exists adjacent to the partition, access maybe required to be provided from the alley
and prohibited from the street.
The application with the attached conditions complies with all applicable City ordinances,and meets
the criteria for a minor land partition and Conditional Use Permit.
Planning Action 2012-00432 is approved with the following conditions. Further,if anyone or more
of the following conditions are found to be invalid for any reason whatsoever,then Planning Action
2012-00432 is denied. The following are the conditions and they are attached to the approval:
1. That all proposals of the applicant shall be conditions of approval unless otherwise modified
here.
2. That a deed restriction shall be recorded for both properties specifying that the use must be for a
motel/hotel use as approved, and can not be used solely for residential purposes.
3. That the final plat will include easement language clarifying how the current parking spaces will
be allocated for each of the proposed parcels.
4. All easements for public and private utilities, fire apparatus access, and reciprocal utility,
maintenance, and access shall be indicated on the final survey plat as required by the Ashland
Engineering Division.
5. That a final survey plat shall be submitted within 12 months and approved by the City of
Ashland within 18 months of this approval.
6. That a final utility plan for the parcels shall be submitted for review and approval by the
Planning, Engineering, and Building Divisions prior to signature of the final survey plat. The
utility plan shall include the location of connections to all public facilities including the
locations of water lines and meter sizes, fire hydrants, sanitary sewer lines, storm drain lines
and electric services.
7. That a storm drainage plan shall be designed,constructed and maintained in a manner that will
avoid erosion on-site and to adjacent and downstream properties in accordance with Oregon
Plumbing Specialty Code 1101.1.
8. That the applicants shall obtain a sign permit prior to the installation of any signage on the
site. Signage shall be subject to the requirements of the Sign Regulations found in Chapter
PA-2012-00432
438 N.Main/MP
Page 4
18.96 of the Ashland Municipal Code and to the limitations placed on Conditional Use
Permit signage found in Chapter 18.96.090.
9. That once new owners of 438 North Main purchase the property, a letter of intent will be
provided to the Planning Division confirming that they are aware of the conditions of approval,
5Depart further m dification of the hotel use will require a modification of the CUP.
Director Date
of Community Development
PA-2012-00432
438 N.Main/MP
Page 5
PA-2012-00432 391E05DA 3001 PA-2012-00432 391E05DA 7200 PA-2012-00432 391E05DA 12900
ABBOTT'S DEVELOPMENTS LLC ABIPAT HOSPITALITY INC ABROMAITIS KRISTINA E
1085 DEER VISTA LN 451 MAIN ST PO BOX 3437
ASHLAND OR 97520 ASHLAND OR 97520 CENTRAL POINT OR 97502
PA-2012-00432 391E05DA 345 PA-2012-00432 391E05DA 70004 PA-2012-00432 391E05DA 337
ALTMAN JACK/BEVERLEY J BAHR MICHAEL BILLDTJOHN PERDIN TRUSTEE ETAL
454 LORI LN 400 HERSEY ST 4 376 GLENN ST
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2012-00432 391E05DA 350 PA-2012-00432 391E05DA 7000 PA-2012-00432 391E05DA 2900
BLOCH 2005 TRUST ET AL BOWLAND SIDNEYJ/SHERI L CARVER ALLAN C/DONNA L
1720 14TH AVE 670 REITEN DR 333 MOUNTAIN VIEW DR 38
SAN FRANCISCO CA 94122 ASHLAND OR 97520 TALENT OR 97540
PA-2012-00432 391E05DA 70001 PA-2012-00432 391E05DA 2500 PA-2012-00432 391E05DA 301
CHATROUX SYLVIA S MD COLWELL JOHN C TRUSTEE DE LUCA RONALD L TRUSTEE
400 HERSEY ST 410 N MAIN ST 725 ROYAL AVE
ASHLAND OR 97520 ASHLAND OR 97520 MEDFORD OR 97504
PA-2012-00432 391E05DA 344 PA-2012-00432 391E05DA 338 PA-2012-00432 391E05DA 7300
DOLE MARGARET HOFFMAN TRUSTEE DUNLAP JANET KAY EDWARDS OREN RALPH
456 LORI LN 7477 HYATT PRAIRIE 219 N MOUNTAIN AVE
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2012-00432 391E05DA 70003 PA-2012-00432 391E05DA 339 PA-2012-00432 391E05DA 332
ENGELUND K J/C A TRUST FBO GERTMENIAN KAREN TRUST GLOBIG CAROL L
560 WELLER LN PO BOX 93910 800 PEBBLE BEACH DR
ASHLAND OR 97520 PASADENA CA 91109 ASHLAND OR 97520
I
PA-2012-00432 391E05DA 7500 PA-2012-00432 391E05DA 349 PA-2012-00432 391E05DA 351
HOFFORD LEON K TRUSTEE ET AL IMPARA JANICE L JARVIS JOYCE C TRUSTEE FBO
2310 TALENT AVE 446 LORI LN 639 N MAIN ST
TALENT OR 97540 ASHLAND OR 97520 ASHLAND OR 97520
PA-2012-00432 391E05DA 7100 PA-2012-00432 391E05DA 3100 PA-2012-00432 391E05DA 346
KENNEDY KATHERINE M TRUSTEE ET AL KILHAM EDWARD GEARY TRUSTEE ET LIPKIND ARNOLD R ET AL
132 GREENWAY CIR AL 452 LORI LN
MEDFORD OR 97504 476 MAIN ST ASHLAND OR 97520
ASHLAND OR 97520
PA-2012-00432 391E05DA 2701 PA-2012-00432 391E05DA 334 PA-2012-00432 391E05DA 343
LOMBARDI ROBERT J/CORINNE S MC BRIDE EDWARD F/SUZANNE R MELDAHL CATHY C TRUSTEE/
1685 OLD HWY 99 2241 CHITWOOD LN 681 MAGNOLIA RD
ASHLAND OR 97520 ASHLAND OR 97520 LONGBOAT KEY FL 34228
PA-2012-00432 391E05DA 347 PA-2012-00432 391E05DA 335 PA-2012-00432 391E05DA 2800
MINER RUDY B NEMANICK RICHARD TRUSTEE ET AL O'BRIEN DERMOT J/SALLY
450 LORI LN 23 ROLPH PARK DR 438 N MAIN ST
ASHLAND OR 97520 CROCKETT CA 94525 ASHLAND OR 97520
j
PA-2012-00432 391EOSDA 348 PA-2012-00432 391E05DA 342 PA-2012-00432 391E05DA 333
POWELL SARA HOPKINS PURVES MARGARET ROTHWELL ANN TRUSTEE FBO
448 LORI LN 1190 SLAGLE CREEK RD 464 LORI LANE
ASHLAND OR 97520 GRANTS PASS OR 97527 ASHLAND OR 97520
PA-2012-00432 391E05DA 341 PA-2012-00432 391E05DA 7600 PA-2012-00432 391E05DA 340
SMITH MARGARET K LIV TRUST TERRY JULIA THORN JOE W SR
384 GLENN ST 407 N MAIN ST 1242 MARKET ST
ASHLAND OR 97520 ASHLAND OR 97520 SAN FRANCISCO CA 94102
PA-2012-00432 36
Urban Development Services LLC 5-15-2012
485 W Nevada St NOD
Ashland OR 97520
Planning Department,51 Winb. Way,Ashland,Oregon 97520 CITY
541-488-5305 Fax:541-552-2050 www.ashland.orms TTY: 1-800-735-2900 ASHLAND
NOTICE OF APPLICATION
PLANNING ACTION: 2012-00432
SUBJECT PROPERTY: 438 N Main Street
OWN E RIAPPLI CANT: Dermott and Sally O'Brian
DESCRIPTION: A request for a Minor Land Partition to separate the property located at 438 North Main into two
separate parcels. The front parcel on North Main will become approximately 12,144 square feet, while the rear
parcel on Lori Lane will become approximately 7,855 square feet. The applicant is also requesting two Conditional
Use Permits as both lots are proposing to retain a Hotel/Motel use in accordance with AMC 18.40.
COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 39 1E 05DA; TAX LOT.
2800.
NOTICE OF COMPLETE APPLICATION: April 18, 2012
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: May 2, 2012
SUBJECT PROPERTY:
438 N. Main St. �___..._ _ ---
39 1 E 05 DA 2800
,_
lot
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The Ashland Planning Division Staff has received a complete application for the property noted above.
Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn
Way,Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above.
Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a
notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the
comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the
application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning
Division Staff's decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC
18.108.040)
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this
application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of
appeal to the Land Use Board of Appeals(LUBA)on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your
right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with
sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court.
A copy of the application,all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be
provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development&Engineering Services
Building,51 Winburn Way,Ashland,Oregon 97520.
If you have questions or comments concerning this request,please feel free to contact the Ashland Planning Division at 541-488-5305.
GAcomm-dev\planning\Planning Actions\Noticing FolderWailed Notices&Signs\2012\2012-00432.docx
MINOR LAND PARTITION CRITERIA
Section 18.76.050 Preliminary Approval
An application for a preliminary partition shall be approved when the following conditions exist:
A. The future use for urban purposes of the remainder of the tract will not be impeded.
B. The development of the remainder of any adjoining land or access thereto will not be impeded.
C. The tract of land has not been partitioned for 12 months.
D. The partitioning is not in conflict with any law,ordinance or resolution applicable to the land.
E. The partitioning is in accordance with the design and street standards contained in the Chapter 18.88, Performance Standards Options.
(ORD 2836, 1999)
F. When there exists adequate public facilities, or proof that such facilities can be provided, as determined by the Public Works Director and
specified by City documents,for water,sanitary sewers,storm sewer, and electricity.
G. When there exists a 20-foot wide access along the entire street frontage of the parcel to the nearest fully improved collector or arterial
street, as designated in the Comprehensive Plan. Such access shall be improved with an asphaltic concrete pavement designed for the
use of the proposed street. The minimum width of the street shall be 20-feet with all work done under permit of the Public Works
Department.
1. The Public Works Director may allow an unpaved street for access for a minor land partition when all of the following conditions exist:
a. The unpaved street is at least 20-feet wide to the nearest fully improved collector or arterial street.
b. The centerline grade on any portion of the unpaved street does not exceed ten percent.
2. Should the partition be on an unpaved street and paving is not required, the applicant shall agree to participate in the costs and to
waive the rights of the owner of the subject property to remonstrate both with respect to the owners agreeing to participate in the cost
of full street improvements and to not remonstrate to the formation of a local improvement district to cover such improvements and
costs thereof. Full street improvements shall include paving, curb, gutter, sidewalks and the undergrounding of utilities. This
requirement shall be precedent to the signing of the final survey plat, and if the owner declines to so agree, then the application shall
be denied.
H. Where an alley exists adjacent to the partition, access maybe required to be provided from the alley and prohibited from the street.
(ORD 2951, 2008)
CONDITIONAL USE PERMITS
18.104.050 Approval Criteria „
A conditional use permit shall be granted if the approval authority finds that the proposed use conforms, or can be made to conform through the
imposition of conditions,with the following approval criteria.
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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PA-2012-00432 391E05DA 3001 PA-2012-00432 391E05DA 7200 PA-2012-00432 391EOSDA 12900
ABBOTT'S DEVELOPMENTS LLC ABIPAT HOSPITALITY INC ABROMAITIS KRISTINA E
1085 DEER VISTA LN 451 MAIN ST PO BOX 3437
ASHLAND OR 97520 ASHLAND OR 97520 CENTRAL POINT OR 97502
PA-2012-00432 391E05DA 345 PA-2012-00432 391E05DA 70004 PA-2012-00432 391E05DA 337
ALTMANJACK/BEVERLEY J. BAHR MICHAEL BILLDT JOHN PERDIN TRUSTEE ET AL
454 LORI LN 400 HERSEYST4 376 GLENN ST
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2012-00432 391E05DA 350 PA-2012-00432 391E05DA 7000 PA-2012-00432 391E05DA 2900
BLOCH 2005 TRUST ETAL BOWLAND SIDNEYJ/SHERI L CARVER ALLAN C/DONNA L
1720 14TH AVE 670 REITEN DR ;.333 MOUNTAIN VIEW DR 38
SAN FRANCISCO CA 94122 ASHLAND OR 97520 TALENT OR 97540
PA-2012-00432 391E05DA 70001 PA-2012-00432 391E05DA 2500 PA-2012-00432 391E05DA 301
CHATROUX SYLVIA S MD COLWELL JOHN C TRUSTEE DE LUCA RONALD LTRUSTEE
400 HERSEY ST 410:N MAIN ST 725 ROYAL AVE
ASHLAND OR 97520 ASHLAND OR 97520 MEDFORD OR 97504
PA-2012-00432.391E05DA 344 PA-2012-00432 391E05DA 338 PA.-201Z.-00432 391E05DA 7300
DOLE MARGARET HOFFMAN TRUSTEE DUNLAP JANET KAY EbWARMORE:N RALPH
456 LORI LN - 7477 HYATT PRAIRIE 219 N MOUNTAIN AVE
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
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ENGELUND K J/C A TRUST FBO GERTMENIAN KAREN TRUST I I GLOBIG CAROL L f
560 WELLER LN PO BOX 93910 800 PEBBLE BEACH DR
ASHLAND OR 97520 PASADENA CA 91109 ASHLAND OR 97520
PA-2012-00432 391E05DA 7500 PA-2012-00432 391E05DA 349 PA-2012-00432 391E05DA-351
'HOFFORD LEON KTRUSTEE ET AL IMPARAJANICE L JARVIS JOYCE CTRUSTEE FBO
2310 TALENT AVE 446 LORI LN 639 N MAIN ST
TALENT OR 97540 ASHLAND OR 97520 ASHLAND OR 97520
PA-2012-00432 391E05DA 7100 PA 2012-00432 391E05DA 3100 PA,2012-00a32.391EOSDA 346
KENNEDY KATHERINE M TRUSTEE ET AL KILHAM EDWARD GEARY TRUSTEE ET LIPKiND ARNOLD R ET AL
132 GREENWAY CIR AL - 452 LORI LN
MEDFORD OR 97504 476 IVrAfN ST ASHLAND OR 97520
ASHLAND OR 97520
PA-2012-00432 391E05DA 2701 PA-2(12-00432 391E05DA 334 PA-2012-00432 391E05DA 343
LOMBARDI ROBERT!/CORINNE S MC BRIDE EDWARD F/SUZANNE R MELDAHL CATHY C TRUSTEE/,
1685 OLD HWY 99 2241-HITWG(3L) LN 1;81 MAGNOLIA RD
ASHLAND OR 97520 ASHLAND OR 97520 LONC3OAT KEY FL 34228
I
PA-2012-00432 391E05DA 347 PA-2012-00432 391E05DA 335 PA�2012-00432 391E03DA 2800
MINE"RRUDYB NEMANICK,RICHARDTRUSTEEETAL O'BRIEN'DERMOTJ/S'A-LLY
450 LORI LN' 23 4D-PH PARS DR 4.33 N14 N. ST
ASHEANL(CA 5)320 CRCCKM C9,Y4525 A,)HLAi,[J
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AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Jackson )
The undersigned being first duly sworn states that:
1. I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On April 18, 2012, 1 caused to be mailed, by regular mail, in a sealed
envelope with postage fully prepaid, a copy of the attached planning action notice to
each person listed on the attached mailing list at such 438 N Main St.
d
Signature of Employee
G:lcomm-devlplanning\TemplateslTEMPLATE_Affidavit of Mailing—Planning Action Notice.dot 4119/2012
APL CATION PROPOSAL
Minor Land Partition & Conditional Use Permit Modification
Bayberry Inn
38 N.Main Street& 437 Lori Lane
391E 05DA 2800
Applicants: Dermott& Sally O'Brien
437 Lori Lane
Ashland, OR 97520
Representative: Urban Development Services, LLC
485 W. Nevada Street
Ashland, OR 97520
Site Address: 438 N. Main Street&437 Lori Lane; 391E 05DA 2800
Parcel Size: .46 acres (20,000 sq. ft.)
Zonin E-1;Employment
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438 North Main Street(Bayberry Inn Bed&Breakfast)
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Page I of 9
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Historic District: Skidmore Academy Historic District
Application: The proposal is for a Partition to divide the property into two parcels
and a Conditional Use Permit to divide the existing bed and breakfast
(hotel) into two separate bed and breakfast businesses.
Attachments: Partition Plan, Vicinity Plan, Assessor's Map, Photos
"PLICABLE ORDINANCES:
Employment Zone, Chapter 18.40
Partitions, Chapter 18.76
Conditional Use Permits, Chapter 18.104
ADJACENT ZONING:
West: R-2, Multi-Family; Low Density Residential
East: R-3,Multi-Family;High Density Residential
South: E-1,Employment
North: E-1,Employment
Subject Site: E-1, Employment
NARRATIVE:
Proposal: The applicants are requesting a Land Partition to divide the subject property into two
parcels consisting of roughly 12,144 square feet and 7,855 square feet. In addition, the application
includes a request for a Conditional Use Permit to divide the existing bed and breakfast (hotel)
business into two separate businesses. The current business operates under an approved Conditional
Use Permit, PA 2004-112 for a total of eight units and one owner's unit. Until the foreseeable
future, the current property owners and on-site managers will continue to operate both businesses
and continue to live in the manager's unit until the front parcel (438 North Main Street), Parcel#1,
can be sold.
Partition: The proposal is to divide the property into two "logical" parcels based on various
physical and logical features of the property. In particular, the property is proposed to be divided
along a short rock retaining all between the two structures in order to maintain a natural "division"
boundary and provide a comfortable back yard for each structure. The front parcel (Parcel #1)
roughly measures 120' X 100' for a total of 12,144 square feet and the rear parcel (Parcel #2)
measures 79' X 100' for a total of 7,855 square feet.
Conditional Use Permit (2): Considering the property is within an E-1 Zone, the existing bed and
breakfast is technically a hotel and subject to the E-1 Zoning regulations, including the provision
requiring hotels to operate under a Conditional Use Permit. The current hotel operates under
Conditional Use Permit PA-2004-112 and has a total of eight units, including the owner's unit.
Once partitioned, the front parcel (Bayberry Inn)will continue to have five units and the rear parcel
three units.
Page 2 o f 9
The applicants contend the use and operating characteristics of the business will not change as the
use for each property will continue to operate as they do now, except there will be one
owner/manager for each property. No exterior changes are proposed other than surface parking
graphics to identify each site's parking spaces. Finally, all utilities between the two properties are
currently separate or will be separated at time of the plats recording.
Parkin, No additional units are being added or exterior changes are proposed with this
application. The parking will remain "as is" other than some surface parking graphics designating
parking space boundaries and surface graphics designating parking space ownership. Overall, the
site accommodates a total of 10 parking spaces with five head-in spaces off the alley, one parallel
off the alley and four within the circular driveway. Considering the front parcel has a demand for
six parking spaces and the rear parcel a demand for four parking spaces (one per unit + one per
manager/owner's space), the spaces will be divided proportionally with the rear parcel taking the
closest four spaces and the front parcel (Bayberry Inn) taking the remaining six spaces. The final
plat will include easement language clarifying how the spaces are to be allocated.
Note: At the time of the pre-application, it was discussed the circular driveway may be altered to
close the southern driveway opening and instead connect the driveway to the City's adjacent parcel,
currently under application to convert to a public parking lot. However, after further consideration
that option was dismissed because of potential loss and damage to a number of trees within the
vicinity.
E-1 with Residential®verlav: The subject property is within the E-1 Residential Overlay zone and
subject to Section 18.56.050 A—D, of the AMC. However, the"use" of the property was granted in
February of 1990 as a 5-unit hotel under a Conditional Use Permit (later a sixth unit was added —
PA2002-070), prior to the implementation of the recently adopted Residential Overlay Chapter,
18.56, and would be considered grand-fathered with no expected increase in activity or exterior
alteration.
Front Parcel(438 N.Main Street—photo on Page 1): The front parcel(Bayberry Inn)will continue
to operate as a hotel as it has since 1990 when it was converted from a residence to a five unit
Traveler's Accommodation (hotel). The hotel's square footage, including its ground floor area, will
remain 100% hotel. At the time of the property's sale, the applicants will provide the Planning
Department with owner contact information for easy reference and will provide the new property
owners a copy of the City's Final Order and Conditions of Approval (similar to the intent of a
Transfer of Ownership procedure).
Rear Parcel (437 Lori Lane —photos on Page 4): The rear portion of the parcel has two detached
structures consisting of one-single-story 497 square foot building (hotel unit) and a larger two-story
building having two independent living areas consisting of a single 498 square foot space (hotel
unit) on the ground floor and the rest of the structure (owner's residence). The total living space on
the ground floor dedicated to the owner's residence is 703 square feet and 1,201 square feet on the
second floor. Based on the "ground floor" square footages noted herein and the fact there are
multiple buildings on the rear parcel, the overall ground floor area for both buildings dedicated to
the hotel would be 995 square feet of hotel and 703 square feet of residential space.
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Page 3 of 9
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437 Lori Lane(Main Residence w/Hotel Unit)
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437 Lori Lane(Detached Hotel Unit)
Page 4 of 9
Utilities: Other than some minor irrigation and electrical services, the subject property already has
its utilities separated. Any remaining utilities would be separated at the time of the partition's final
platting.
FINDINGS OF FACT:
The following information has been provided by the applicants to help the Planning Staff, Planning
Commission and neighbors better understand the proposed project. In addition, the required findings
of fact have been provided to ensure the proposed project meets the Residential Overlay criteria,
Section 18.56.050; Partition criteria as outlined in the Ashland Municipal Code (AMC), Section
18.76.050; and Conditional Use Permit criteria, Section 18.104.050.
For clarity reasons, the following documentation has been formatted in "outline"form with the
City's approval criteria noted in BOLD font and the applicant's response in regular font. Also,
there are a number of responses that are repeated in order to ensure that the findings of fact are
complete.
Residential Overlay Zone
18.56.050 Residential Overlay
The Residential Overlay applies to all property where R is indicated on the Ashland Zoning
Map. The Residential Overlay requirements are as follows.
A. At least 65% of the total gross floor area of the ground floor, or at least 50% of the total lot
area if there are multiple buildings shall be designated for permitted or special permitted
uses, excluding residential.
The subject property was originally approved in February of 1990 as a five unit hotel and over the
last 22 years received approvals for adding a new structure along Lori Lane and rehabilitating a
detached structure (old carriage house). The changes added two additional units and one owner's
unit for a total of eight on-site "hotel" units. The proposal does not alter the number of units or are
there any expected changes to the use of the property and therefore the property complies with the
above criteria as it's considered in compliance with previous approvals adopted prior to the recently
adopted residential overlay provision. However, it should be noted that the rear property, the
property with the only"residential"unit complies with above criterion as the ground floor of its two
buildings totals 995 square feet dedicated to hotel spaces and the residential space 703 square feet
(the second floor residential area is 1,201 square feet)or 58%of the ground floor area.
B. Residential densities shall not exceed 15 dwelling units per acre. For the purpose of density
calculations, units of less than 500 square feet of gross habitable floor area shall count as 0.75
of a unit.
The rear parcel (Parcel 2) has only one residential unit (owner's unit) and it exceeds 500 square
feet. The parcel is 7,855 square feet in area or .18 of an acre with a base density of 2.7 residential
units.
Page 5 of 9
C. Residential uses shall be subject to the same setback, landscaping, and design standards as
for permitted uses in the E-1 District.
The application complies as the residential unit (owner's unit) was approved and constructed under
permit from the City of Ashland and complied with all setbacks, landscaping and design standards.
D. If the number of residential units exceeds 10, then at least 10% of the residential units shall
be affordable for moderate income persons in accord with the standards established by
resolution of the Ashland City Council through procedures contained in the resolution. The
number of units required to be affordable shall be rounded down to the nearest whole unit.
Not applicable as the existing residential unit (owner's unit) is pre-existing and does not exceed 10
units.
Partitions
18.76.050 Preliminary approval by the Planning Commission
An application for a preliminary partition shall be approved when the following conditions
exist:
A. The future use for urban purposes of the remainder of the tract will not be impeded.
Future use of the property for urban purposes will not be impeded. The subject property has
frontage on three sides and can accommodate the uses permitted and/or specially permitted as
identified in Chapter 18.40. For this reason, the proposed single-lot partition has no bearing on the
future urban use of the property as it can continue to operate as a hotel site as it historically has.
B. The development of the remainder of any adjoining land or access thereto will not be
impeded.
Not applicable as there is no remaining adjoin parcel to be developed. The two lots have direct
access from a public right-of-way as well as the adjacent alley to the north.
C. The tract of land has not been partitioned for 12 months.
The parcel has not been partitioned in the previous 12 months.
D. The partitioning is not in conflict with any law, ordinance or resolution applicable to the
land.
The partition appears to meet all laws, ordinances, and resolutions for the proposed partition.
E. The partitioning is in accordance with the design and street standards contained in the
Chapter 18.88,Performance Standards Options.
Page 6 o f 9
The proposed partition is in accordance with the design and street standards contained in Chapter
18.88,Performance Standards.
F. When there exists adequate public facilities, or proof that such facilities can be provided, as
determined by the Public Works Director and specified by City documents, for water,
sanitary sewers, storm sewer, and electricity.
No additions or exterior modifications are proposed. As such, all public facilities serving the
proposed two parcels are adequate and can be found within the adjoining rights-of-way. All of the
services such as water, sewer, storm, and electricity are available and have capacity to"continue"to
serve the site's units.
G. When there exists a 20-foot wide access along the entire street frontage of the parcel to the
nearest fully improved collector or arterial street, as designated in the Comprehensive Plan.
Such access shall be improved with an asphaltic concrete pavement designed for the use of the
proposed street. The minimum width of the street shall be 20-feet with all work done under
permit of the Public Works Department.
1. The Public Works Director may allow an unpaved street for access for a minor land
partition when all of the following conditions exist:
a. The unpaved street is at least 20-feet wide to the nearest fully improved collector or arterial
street.
b. The centerline grade on any portion of the unpaved street does not exceed ten percent.
2. Should the partition be on an unpaved street and paving is not required, the applicant shall
agree to participate in the costs and to waive the rights of the owner of the subject property to
remonstrate both with respect to the owners agreeing to participate in the cost of full street
improvements and to not remonstrate to the formation of a local improvement district to
cover such improvements and costs thereof Full street improvements shall include paving,
curb, gutter, sidewalks and the undergrounding of utilities. This requirement shall be
precedent to the signing of the final survey plat, and if the owner declines to so agree, then the
application shall be denied.
North Main Street and Lori Lane are currently improved with curbs, gutters and sidewalks.
H. Where an alley exists adjacent to the partition, access may be required to be provided from
the alley and prohibited from the street.
Access is pre-existing with access via North Main Street and the adjacent alley.
Page 7of9
Conditional lJse Permit(2)
18.104.050 Approval Criteria
A conditional use permit shall be granted if the approval authority finds that the proposed use
conforms, or can be made to conform through the imposition of conditions, with the following
approval criteria.
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.
The subject property has been functioning as a hotel under a Conditional Use Permit for
approximately 20 years with no violations or complaints. The use is in conformance with all
standards within the zoning district in which the use is located, and in conformance with all relevant
Comprehensive plan policies that are not implemented by City, State, and Federal law or programs.
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.
The proposed subject properties have adequate capacity of City facilities for water, sewer, paved
access to and through the development, electricity, urban storm drainage, and adequate
transportation to and through the subject property. No exterior changes or additions are proposed
and thus the existing demand on services will remain as it exists presently.
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.
No additions or exterior modifications are proposed and as such the conditional uses 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.
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.
The proposal is essentially for a single-lot partition and simple division of the existing hotel
business. No outward changes to the property or modifications to the business are proposed, other
than the addition a new owner for the hotel, who may or may not live on the property. As such,
there will be no discernable notice of traffic effects on surrounding streets.
3. Architectural compatibility with the impact area.
Page 8 of 9
Not applicable as no exterior changes are proposed and the subject buildings are pre-existing.
However,they are architecturally compatible to the surround area.
4. Air quality, including the generation of dust,odors, or other environmental pollutants.
The proposed conditional use permits will not have any discernable increases of environmental
impacts including those related to air quality, including the generation of dust, odors, or other
environmental pollutants.
5. Generation of noise,light, and glare.
The proposals will not have any discernable increases of noise, light and glare.
6. The development of adjacent properties as envisioned in the Comprehensive Plan.
The proposed conditional use permits will not have any material effects on the adjoining properties
as envisioned in the Comprehensive Plan. The subject property is zoned employment which
typically would have a greater adverse impact to the surrounding properties to the north and east
which are residential. The applicants contend the proposed hotel / bed & breakfast use is a perfect
transitional use from the more intensive street environment that exists along North Main Street to
the tranquil environment of Lori Lane.
7. Other factors found to be relevant by the Hearing Authority for review of the proposed use.
The applicants contend the proposal to divide the property will not affect the Bayberry Inn to
operate any differently than it does today which, to the best of the applicants' knowledge, has never
been an issue to surrounding neighbors. However, if there are any factors the Hearing Authority
finds relevant,the applicants are available to answer questions.
Conclusion:
Overall, it should be understood that the applicants have considered this application under some
financial stress caused by the recent economic downturn and their intention is to simply reduce their
financial burden and simplify their lives. The applicants have enjoyed operating the bed and
breakfast (hotel) for the past eight years and will most likely continue to be involved with the
adjoining property's business operations simply due to their close proximity, past ownership history
and the reoccurring visitors they have served since 2004.
Page 9 of 9
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P 14
ZONING PERMIT APPLICATION
Planning Division
51 Winburn Way,Ashland OR 97520
c 1r Y o r 541-488-5305 Fax 541-488-6006 FILE " < r 00 r
ASHLAND
DESCRIPTION OF PROJECT
DESCRIPTION OF PROPERTY Pursuing LEED®Certification? ❑YES ❑ NO
Street Address r .
Assessor's Map No.39 1 E 0 2, h a Tax Lot(s) /
Zoning Comp Plan Designation `
APPLICANT
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Named L, Phone � '"� ° ._ ` . - E-Mail
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Address _ City Zip
PROPERTY OWNER
Name C_ Phone E-Mail
Address City Zip
G
SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER
Title Name <;;;,I G? Phone E-Mail
Address City Zip
Title Name Phone E-Mail
i
Address City Zip
I
I hereby certify that the statements and information contained in this application,including the enclosed drawings and the required findings of fact, are in all respects,
true and correct, /understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their
location found to be incorrect, the owner assumes full responsibility. I further understand that if this request is subsequently contested, the burden will be on me to
establish,
1) that 1 produced sufficient factual evidence at the hearing to support this request;
2) that the findings of fact furnished justifies the granting of the request;
3) that the findings of fact furnished by me are adequate;and further
4) that all structures or improvements are properly located on the ground.
Failure in this regard will result most likely in not only the request being set aside,but also possibly in m structures being built in reliance thereon being required to
9 Y Y q 9 p Y Y 9 9 q j
be removed at my ex e se. If I have any doubts,l am advised to seek competent professional advice and as istan
P__
Applicant's Signature Date
As owner of the property involved in this request, l have read and understood the complete application and its consequences to me as a property
owner.
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Prope y Owner's Signature (required) Date
[To be completed by City Staff] -Log L J ,C
Date Received Zoning Permit Type Filing Fee$
OVER /®
CdDocuments and Seltings\lucasa\Desktop\Zoning Pei nit it Application.doc
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Job Address: 438 N MAIN ST Contractor:
ASHLAND OR 97520 Address:
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P` Owner's Name: O'BRIEN DERMOT J/SALLY Q Phone:
Customer#: 06714 N, State Lie No:
P O'BRIEN DERMOT J/SALLY T City Lie No:
L Applicant: 438 N MAIN ST R+
1 Address: ASHLAND OR 97520
C G Sub-Contractor:
'A Phone: (541)488-1252 T'
N Applied: 04/06/2012 O
"T, Issued: R
Expires: 10/03/2012 Phone:
State Lie No:
Maplot: 391 E05DA2800 City Lie No:
DESCRIPTION: 2 CUPs+ Land Partition for 438 N Main &437 Lori Ln
VALUAT.iON
Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description
Total for Valuation:
IEGHANICAL.
r
i
ELEGTRIO 4L;
i
STRUCTURAL;
,PERMIT FEE DETAIL ' `;
Fee Description Amount Fee Description Amount
Conditional Use Permit Type 1 963.00 Land Partition (type 1) 1,091.00
I
CONDtTlONS OF APP-ROYAL
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COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 East Main St. Fax: 541-488-5311
Ashland,OR 97520 TTY: 800-735-2900
www.ashland.or.us
CTY OF
Inspection Request Line: 541-552-2080 I
ASHLAND