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HomeMy WebLinkAboutSiskiyou_614_PA-2012-00642 M 0 Cf) cn m 0 L M m M W m e 0 m 0 C= m cn i m Ind 1 > --%. o > 4�1 u N C/) o CD Sv CY) CL Q'I -Wf -Fix. GO-T] CP yj [TI oo y tp U, ITY OF June 27,2012 ASHLAND Nola O'Hara 614 Siskiyou Blvd. Ashland OR 97520 RE: Planning Action#2012-00642 Notice of Final Decision On June 27,2012,the Staff Advisor for the Ashland Planning Division administratively approved your request for the following: PLANNING ACTION: PA-2012-00642 SUBJECT PROPERTY: 614 Siskiyou Blvd. APPLICANT: Nola O'Hara DESCRIPTION: A request for a Conditional Use Permit for athree-unit.Travelers Accommodation including the owners unit at 614 and 616 Siskiyou Blvd; and a Conditional Use Permit to modify a legal non-conforming site. The business-owner resides on-site in the upstairs unit of the primary dwelling, and the 680 square foot downstairs unit plus the 575 square foot accessory structure in the rear will be the accommodation units. COMPREHENSIVE PLAN DESIGNATION: Low-Density Multi-Family; ZONING: R-2; ASSESSOR'S MAP#: 39 lE 09DB; TAX LOT#: 4900 i 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. i 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. j 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: Jack&Julie Davis j Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel:541488-5305 51 Winbum Way Fax:541-552-2050 Ashland,Oregon 97520 TTY: 800-735-2900 www.ashland.or.us i ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA-2012-00642 SUBJECT PROPERTY: 614 Siskiyou Blvd. APPLICANT: Nola O'Hara DESCRIPTION: A request for a Conditional Use Permit for a three-unit' Travelers Accommodation including the owners unit at 614 and 616 Siskiyou Blvd;and a Conditional Use Permit to modify a legal non-conforming site. The business-owner resides on-site in the upstairs unit of the primary dwelling, and the 680 square foot downstairs unit plus the 575 square foot accessory structure in the rear will be the accommodation units. COMPREHENSIVE PLAN DESIGNATION: Low-Density Multi-Family; ZONING: R-2; ASSESSOR'S MAP #: 39 lE 09DB; TAX LOT#: 4900 SUBMITTAL DATE: May 11, 2012 DEEMED COMPLETE DATE: May 25; 2012 STAFF APPROVAL DATE: June 27, 2012 APPEAL DEADLINE: July 9, 2012 FINAL DECISION DATE: July 10, 2012 APPROVAL EXPIRATION DATE: July 10, 2013 DECISION The subject property is located on the south side of Siskiyou Boulevard between Sherman and Harrison Streets. The parcel and surrounding uses are zoned R-2, Low-Density Multi-Family, and is located within the Siskiyou-Hargadine Historic District. The parcel is 7,100 square feet, rectangular in shape, and relatively level. Siskiyou Boulevard is an Arterial Street and fully improved with sidewalks, curbs, gutters,park rows, and street trees. A 60-foot long parking bay lies adjacent to this property on Siskiyou. The bay is "timed" for 4-hour parking from 8 am to 8 pm, The property contains a 1,934 square foot,two-story,three-unit apartment building,and a 575 square foot accessory unit(616 Siskiyou)located in the rear of the property off the alley-for a total of four units.The primary structure was originally constructed as a home in 1907 and is considered an historic contributing resource according to survey documents. There are two units on the ground floor, and a single unit on the second floor. The secondary structure was built in 1910 and converted into an accessory unit before our code requirements. Both the triplex and the accessory unit are considered to be a valid non-conforming uses,since both appear to pre-date our zoning ordinance. There are four parking spaces on-site;three head- in and one parallel to the accessory unit.No exterior modifications are proposed. The application is to convert two of the four units into guest accommodations,while utilizing the upstairs dwelling as the owner's unit,and retaining the eastern ground floor unit as a standard rental longer than 30 days.Ashland Municipal Code 18.24.030.K.requires that Travelers Accommodations be"business-owner" occupied. In this case,the property owners will not live on site but have identified a business-owner who will be wholly responsible for all aspects of the business. The applicant has submitted a lease agreement that specifically states that the property owner is not involved in the day to day operation or financial management of the accommodations,and that the business owner is wholly responsible for all operations associated with the accommodation, and has actual ownership of the business as required. PA-2012-00897 614 Siskiyou B1vd.84P Page 1 i Travelers.Accommodations requires two off-street parking spaces designated for the owner,plus an additional parking space for each additional unit; a total of four parking spaces for the accommodation use. Plus, a residential unit greater than 500 square feet requires an additional two parking spaces - for a total of six parking spaces needed for the entire property. The applicants are claiming two additional parking spaces in the parking bay adjacent to the property. As previously stated, the bay is timed for `4- hour parking from Sam—8pm'. In speaking with Public Works Staff,this was installed at the time of Siskiyou Blvd. redesign and intended to allow for residents to park near their homes, and discourage non-residents to leave their car there all day. The Ashland Municipal Code does not address timed parking spaces as typically on-street parking credits are utilized primarily in residential zones. Staff finds that the intent of the timed spaces was to allow for residential parking,therefore guests who stay overnight at the adjacent uses, could utilize the spaces at off-peak hours, which is closer to the intended residential use. The maximum number of units allowed is calculated by dividing the total square footage of the lot by 1800. The property is 7,100 square feet, so maximum number units including the owner's unit would be 3.94 units. Given the established non-conforming density of the lot, staff finds that three accommodation units,including the owner unit,plus the additional residential unit,is consistent with the long established density of four units on the property, and meets the standard for number of units permitted on the parcel. The Historic Commission at their June 6t', 2012 meeting discussed the proposal and had no concerns regarding the application. Although staff feels that this section of Siskiyou is becoming commercialized with offices and other guest accommodations, the benefit of having this type of use at this location encourages pedestrian vitality to the area with many goods and services located within a short walk of downtown. In summary,the request for a three-unit Traveler's Accommodation meets minimal approval criteria of the Ashland Municipal Code. Approval Criteria for a Conditional Use Permit(18.104.050): � �� 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. Approval criteria for a Travelers' Accommodation (18.24.030.K-): 1. That all residences used for travelers accommodation be business-owner occupied. The business-owner shall be required to reside on the property occupied by the accommodation, and occupancy shall be determined as the travelers' i PA-2012-00897 614 Siskiyou Blvd./MP Page 2 j accommodation location being the primary residence of the owner during operation of the accommodation. "Business- owner"shall be defined as a person or persons who own the property and accommodation outright;or who have entered into a lease agreement with the property owner(s)allowing for the operation of the accommodation. Such lease agreement to specifically state that the property owner is not involved in the day to day operation or financial management of the accommodation, and that the business-owner is wholly responsible for all operations associated with the accommodation, and has actual ownership of the business. (ORD 2806 S1, 199 7) 2. That each accommodation unit shall have 1 off-street parking space, and the owners shall have 2 parking spaces. All spaces shall be in conformance with the requirements of the Off-Street Parking section of this Title. 3. That only one ground or wall sign,constructed of a non plastic material,non-interior illuminated of 6 sq.ft.maximum size be allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the travelers'accommodation in violation of 18.72.110. 4. That the number of accommodation units allowed shall be determined by the following criteria: a. That the total number of units,including the owner's unit,shall be determined by dividing the total square footage of the lot by 1800 sq. ft. Contiguous lots under the same ownership may be combined to increase lot area and the number of units,but not in excess of the maximum established by this ordinance. The maximum number of accommodation units shall not exceed 9 per approved travelers'accommodation with primary lot frontage on arterial streets. The maximum number of units shall be 7 per approved travelers'accommodation with primary lot frontage on designated collector streets;or for travelers'accommodations not having primary frontage on an arterial and within 200 feet of an arterial. Street designations shall be as determined by the Ashland Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the collector or arterial. b. Excluding the business-ow_ner's unit and the area of the structure it will occupy, there must be at least 400 sq, ft, of gross interior floor space remaining per unit. 5. That the primary residence on the site be at least 20 years old. The primary residence may be altered and adapted for travelers'accommodation use, including expansion of floor area. Additional structures may be allowed to accommodate additional units, but must be in conformance with all setbacks and lot coverages of the underlying zone. 6. Transfer of business-ownership of a travelers'accommodation shall be subject to all requirements of this section, and subject to Conditional Use Permit approval and conformance with the criteria of this section. All travelers'accommodations receiving their initial approvals prior to the effective date of this ordinance shall be considered as approved, conforming uses,with all previous approvals,conditions and requirements remaining in effect upon change of business-ownership. Any further modifications beyond the existing approvals shall be in conformance with all requirements of this section. 7. An annual inspection by the Jackson County Health Department shall be conducted as required by the laws of Jackson County or the State of Oregon. (Ord. 2776 S1, 1996) 8. That the property on which the travelers'accommodation is operated is located within 200 feet of a collector or arterial street as designated in the City's Comprehensive Plan. Distances shall be measured via public street or,alley access to the site from the collector or arterial. The application accompanied by the attached conditions meets all applicable criteria for Site Review approval and a Conditional Use Permit for reconstruction of a non-conforming building. Planning Action 2011-00558 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 2011-00558 is denied. The following are the conditions and they are attached to the approval: 1) That all proposals of the applicant be conditions of approval unless otherwise modified here. 2) That the approval shall be for two guest units,one owner's unit,and one standard rental only; and that any additional accommodation units, changes of business ownership or manager- occupancy,or other modifications to the original proposal shall be subject to the conditional use permit procedure. 3) That any evidence that demonstrates the business owner does not have sole ownership or conducting the business as required, shall be considered an infraction of this approval and PA-2012-00897 614 Siskiyou Blvd./MP Page 3 will be subject to revocation hearings to void the Conditional Use Permit. 4) That the business owner shall obtain a City of Ashland business license prior to operation of the travelers' accommodation. 5) That only one wall or ground sign is permitted onsite in conjunction with the Traveler's Accommodation. The sign shall be constructed out of a non-plastic material, and non- internally illuminated with a maximum size of 6 square feet.Any exterior illumination shall not direct light on any adjacent residential uses. That a sign permit in compliance with Chapter 18.96 of the Ashland Land Use Ordinance shall be obtained prior to the placement of any signage on the property. 14 ill Molnar Date Community Development Director i I PA-2012-00897 614 Siskiyou Blvd./MP Page 4 PA-2012-00642 391 E09DB 2300 PA-2012-00642 391 E09DB 14700 PA-2012-00642 391 E09DB 3700 BAXTER DE ELLEN ADEL BLAZEJ LUCIAN R TRUSTEE ET BUKEY JOHN L/STEPHENS- 161 HARRISON ST 50 LAIDLEY STREET BUKEY MELINDA ASHLAND OR 97520 SAN FRANCISCO CA 94131 136 SHERMAN ST ASHLAND OR 97520 PA-2012-00642 391 E09DB 3400 PA-2012-00642 391 E09DB 14400 PA-2012-00642 391 E09AC 15400 HARRISON LINDA D/DAVID HEIMANN WILLIAM B TRUSTEE HILEMAN CORREN C TRUSTEE 10709 BRINKWOOD AVE 647 SISKIYOU BLVD 570 SISKIYOU BLVD LAS VEGAS NV 89134 ASHLAND OR 97520 ASHLAND OR 97520 PA-2012-00642 391 E09DB 4300 PA-2012-00642 391 E09DB 5300 PA-2012-00642 391 E09DB 14600 HILLIGOSS L O/L KUZMIC KOHLER ANDREW H/KATHLEEN LARSON HELEN L TRUSTEE FBO 534 ANN ST 41362 MORADA CT 27470 LOMA DEL REY ASHLAND OR 97520 FREMONT CA 94539 CARMEL CA 93923 PA-2012-00642 391 E09DB 3500 PA-2012-00642 391 E09DB 4000 PA-2012-00642'391 E09DB 3800 LIMB JONG C LOMBARD BERNADETTE V MAYNARD WENDY G 9 CUSHING 200 133 MANZANITA ST 295 MAIN ST 5 IRVINE CA 92618 ASHLAND OR 97520 ASHLAND OR 97520 PA-2012-00642 391 E09DB 5500 PA-2012-00642 391 E09DB 14500 PA-2012-00642 391 E09DB 5400 MC KEE DAVID C/CYNTHIA S O'BOYLE ANN L PANNETON ROGER F/SANDRA N 145 SHERMAN ST 641 SISKIYOU BLVD 125-121 SHERMAN ST ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2012-00642 391 E09DB 4200 PA-2012-00642 391 E09DB 2400 PA-2012-00642 3,91 E09DB 3600 RAYNOLDS DAVID A F TRUSTEE RICE G W/FLORA LEE RINALDI JOHN R JR TRUSTEE 1136 ANDERSON CREEK RD 95920 SUNDOWN DR 375 HAMILTON RD TALENT OR 97540 BROOKINGS OR 97415 APPLEGATE OR 97530 PA-2012-00642 391 E09DB 2200 PA-2012-00642 391 E09AC 14000 PA-2012-00642 391 E09DB 3900 RINKOFF JEFFREY S TRUSTEE SAFEWAY STORES #292 INC SALLEE MICHAEL 658 SISKIYOU BLVD 1371 OAKLAND BLVD 200 443 CLINTON ST ASHLAND OR 97520 WALNUT CREEK CA 94596 ASHLAND OR 97520 PA-2012-00642 391 E09DB 4100 PA-2012-00642 391 E09AC 12700 PA-2012-00642 SISKIYOU TOWNHOUSES LLC THOMMES MARTIN J TRUSTEE Nola O'Hara Jack & Julie Davis 549 AUBURN ST 614 Siskiyou Blvd. 515 MAIN ST ASHLAND OR 97520 Ashland OR 97520 ASHLAND OR 97520 24 06/28/2012 614 Siskiyou Blvd pPVI111')IIN rW Planning Department,51 Win' ,Way,Ashland, Oregon 97520 [ 541-488-5305 Fax:541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 ASHLAND NOTICE OF APPLICATION PLANNING ACTION: 2012-00642 SUBJECT PROPERTY: 614 Siskiyou Blvd OWNER/APPLICANT: Nola O'Hara DESCRIPTION: A request for a Conditional Use Permit for a three-unit Travelers Accommodation including the owners unit at 614 and 616 Siskiyou Blvd,and a Conditional Use Permit to modify a legal non-conforming site. The business-owner resides on-site in the'upstairs unit of the primary dwelling, and the 680 square foot downstairs unit plus the 575 square foot accessory structure in the rear will be the accommodation units. NOTE: The Ashland Historic Commission will also review this Planning Action on June 6,2012 at 6:00 PM in the Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way, NOTICE OF COMPLETE APPLICATION: May 25, 2012 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: June 8, 2012 v �. SUBJECT PARCEL.: %\ „s 614/616 Siskiyou Blvd 39 1 E 09DB 4100 �` l 614 1 \., 614 ,26. �. zz LU T L � / \ Cn rr-rT-rT rT_1 O 10 20 40 Feet Property lines are for reference only,not scaleable 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. i 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, Wcomm-dev\planning\Planning Actions\Noticing FolderWailed Notices&Signs\2012\2012-00642.docx j 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. TRAVELER'S ACCOMODATIONS 18.24.030.K Approval Criteria I K. Traveler's accommodations,subject to the following: 1. That all residences used for travelers accommodation be business-owner occupied, The business-owner shall be required to reside on the property occupied by the accommodation, and occupancy shall be determined as the travelers accommodation location being the primary residence of the owner during operation of the accommodation."Business-owner"shall be defined as a person or persons who own the property and accommodation outright; or who have entered into a lease agreement with the property owner(s) allowing for the operation of the accommodation. Such lease agreement to specifically state that the property owner is not involved in the day to day operation or financial management of the accommodation, and that the business-owner is wholly responsible for all operations associated with the accommodation, and has actual ownership of the business. (ORD 2806,1997) 2. That each accommodation unit shall have 1 off-street parking space, and the owners shall have 2 parking spaces. All spaces shall be in i conformance with the requirements of the Off-Street Parking section of this Title. 3. That only one ground or wall sign, constructed of a non-plastic material, non-interior illuminated of 6 sq. ft, maximum size be allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the traveler's accommodation in violation of 18.72.110. 4. That the number of accommodation units allowed shall be determined by the following criteria: a. That the total number of units, including the owner's unit, shall be determined by dividing the total square footage of the lot by 1800 sq. ft. Contiguous lots under the same ownership may be combined to increase lot area and the number of units, but not in excess of the maximum established by this ordinance. The maximum number of accommodation units shall not exceed 9 per approved travelers accommodation with primary lot frontage on arterial streets. The maximum number of units shall be 7 per approved travelers accommodation with primary lot frontage on designated collector streets; or for traveler's accommodations not having primary frontage on an arterial and within 200 feet of an arterial. Street designations shall be as determined by the Ashland Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the collector or arterial. b. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least 400 sq. ft. of gross interior floor space remaining per unit. 5. That the primary residence on the site be at least 20 years old. The primary residence may be altered and adapted for traveler's accommodation use, including expansion of floor area. Additional structures may be allowed to accommodate additional units, but must be in conformance with all setbacks and lot coverage's of the underlying zone. 6. Transfer of business-ownership of a traveler's accommodation shall be subject to all requirements of this section-and conformance with the criteria of this section. All traveler' s accommodations receiving their initial approvals prior to the effective date of this ordinance shall be considered as approved, conforming uses, with all previous approvals, conditions and requirements remaining in effect upon change of business-ownership. Any j further modifications beyond the existing approvals shall be in conformance with all requirements of this section. 7. An annual inspection by the Jackson County Health Department shall be conducted as required by the laws of Jackson County or the State of Oregon. 8. That the property on which the traveler's accommodation is operated is located within 200 feet of a collector or arterial street as designated in the City's Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the collector or arterial. i i Wcomm-dev\planning\Planning Actions\Noticing FolderWailed Notices&Signs\2012\2012-00642.docx '', AMAV-09-008-1, T wadn-dod pjogaj al jalgngj Wauja6je43 T ®09L5®Au3j��d�!aege6 al zaslll�ft ' ujorAGane•nnMM a up a ajn 'e a sal daa ap sua5 P I4 4 4 I I jalad a sail�e}sananblj3 PA-2012-00642 391 E09DB 2300 PA-2012-00642 391 E09DB 14700 PA-2012-00642 391 E09DB 3700 BAXTER.DE ELLEN ADEL BLAZEJ LUCIAN R TRUSTEE ET BUKEY JOHN L/STEPHENS- 161 HARRISON ST 50 LAIDLEY STREET BUKEY MELINDA ASHLAND OR 97520 SAN FRANCISCO CA 94131 136 SHERMAN ST ASHLAND OR 97520 PA-2012-00642 391 E09DB 3400 PA-2012-00642 391 E09DB 14400 PA-2012-00642 391 E09AC 15400 HARRISON LINDA D/DAVID HEIMANN WILLIAM B TRUSTEE HILEMAN CORREN C TRUSTEE 10709 BRINKWOOD AVE 647 SISKIYOU BLVD 570 SISKIYOU BLVD LAS VEGAS NV 89134 ASHLAND OR 97520 ASHLAND OR 97520 PA-2012-00642 391 E09DB 4300 PA-2012-00642 391 E09DB 5300 PA-2012-00642 391 E09DB 14600 HILLIGOSS L O/L KUZMIC KOHLER ANDREW H/KATHLEEN LARSON HELEN L TRUSTEE FBO 534 ANN ST 41362 MORADA CT 27470 LOMA DEL REY ASHLAND OR 97520 FREMONT CA 94539 CARMEL CA 93923 PA-2012-00642 391 E09DB 3500 PA-2012-00642 391 E09DB 4000 PA-2012-00642 391 E09DB 3800 LIMB JONG C LOMBARD BERNADETTE V MAYNARD WENDY G 9 CUSHING 200 133 MANZANITA ST 295 MAIN ST 5 IRVINE CA 92618 ASHLAND OR 97520 ASHLAND OR 97520 PA-2012-00642 391 E09DB 5500 PA-2012-00642 391 E09DB 14500 PA-2012-00642 391 E09DB 5400 MC KEE DAVID C/CYNTHIA S O'BOYLE ANN L PANNETON ROGER F/SANDRA N 145 SHERMAN ST 641 SISKIYOU BLVD 125-121 SHERMAN ST ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520 PA-2012-00642 391 E09DB 4200 PA-2012-00642 391 E09DB 2400 PA-2012-00642 391 E09DB 3600 RAYNOLDS DAVID A F TRUSTEE RICE G W/FLORA LEE RINALDI JOHN RJR TRUSTEE 1136 ANDERSON CREEK RD 95920 SUNDOWN DR 375 HAMILTON RD TALENT OR 97540 BROOKINGS OR 97415 APPLEGATE OR 97530 PA-2012-00642 391 E09DB 2200 PA-2012-00642 391 E09AC 14000 PA-2012-00642 391 E09DB 3900 RINKOFF JEFFREY S TRUSTEE SAFEWAY STORES#292 INC SALLEE MICHAEL 658 SISKIYOU BLVD 1371 OAKLAND BLVD 200 443 CLINTON ST ASHLAND OR 97520 WALNUT CREEK CA 94596 ASHLAND OR 97520 PA-2012-00642 391 E09DB 4100 PA-2012-00642 391 E09AC 12700 PA-2012-00642 SISKIYOU TOWNHOUSES LLC THOMMES MARTIN J TRUSTEE Nola O'Hara Jack & Julie Davis 549 AUBURN ST 614 Siskiyou Blvd. 515 MAIN ST ASHLAND OR 97520 Ashland OR 97520 ASHLAND OR 97520 24 05/24/2012 614 Siskiyou Blvd i i i I i 7 wla6p3 dn-dod asodn jaded peed @09L5 e1eldwa,�®/Gant/esn w.L09Zs (DAMAV ® 1 oa Bull f3uole Ouse ® slogel®lead Ase3 INFORMATION TECHNOLOGY 1 � f -"j 1440 j Map Maker R Application Property Data Online Legend ,r{ i Highlighted Feature I Cr theBuffer 4�t itleBufferTarget Tax Lot Outlines Tax Lot Numbers Mobile Home Parks Apartments re y �. J r Buildings y, r7 A- X Ag 1 Y4� s fir , r F lE + Ike 1 f 1 I 2 0 E a i 4 � e _ � 1 � I ¢ w g ,JACKSON COUNTY 7 . 1 I ol'e g 011 3��r 1 - +7dt�F This map is based on a digital database " } compiled by Jackson County From a variety 1 j of sources.Jackson County cannot accept j , I respansiblly for errors,omissions,or positi j onal accuracy.There are no warranties,expressed or Implied. Created with MapMaker Map created on 5/2312012 3:02:27 PM using web.lacksoncounty.org Please recycle with colored office grade paper ', STUART HOUSE PROJECT DESCRIPTION & FINDINGS OF FACT FOR A LAND USE APPLICATION REQUESTING A CONDITIONAL USE PERMIT FOR TRAVLER'S ACCGMMODATION SUBMITTED TO CITY OF ASHLAND PLANNING DEPARTMENT ASHLAND, OREGON SUBMITTED BY NOLA O'HARA, APPLICANT 2012 MAY 9,2012 i i i I i I I I. PLANNING ACTION: This application is for a Conditional Use Permit pursuant to Ordinance No. 18.24.030K for establishment of a traveler's accommodation at 614 and 616 Siskiyou Boulevard in Ashland. II. SITE DESCRIPTION: Tax Lot 4100 of T39, R1E, Section 9DB is a two-story residence built in 1907 which, before Ashland zoning ordinances were enacted, was transformed into a triplex. Two apartments are situated on the ground floor and I am renting the top floor as my residence. This application concerns Unit No. 1 on the ground floor (westerly unit). The unit on the top floor contains two bedrooms, the subject unit contains one bedroom, and the other ground floor unit is a studio apartment. I will be leasing Unit No. 1 for this purpose if the application is granted. Adjoining the alley in the back is a detached residence with the address 616 Siskiyou Boulevard and this Application also concerns that unit. III. FINDINGS OF FACT: The following information has been provided by the applicant to help the Planing Staff, Commissions, City Council and neighbors better understand the proposed project. In addition, the required findings offact have been provided to ensure the proposed project meets the requirements and procedures outlined in the Ashland Municipal Code (AMC). 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. 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 the relevant Comprehensive Plan policies. This proposed use is one of those specified in Section 18.24.030 as being appropriate for a Conditional use in this zone. It is similarly in accord with the Comprehensive Plan policies which are relevant. It should be noted that this entire block adjoining Siskiyou Boulevard is offices and vacation rentals. Since Siskiyou Boulevard is Ashland's principal arterial, one would expect that to be the case and this application is fully consistent with that pattern. An alley separates the true residences from those on the Boulevard and, with the alley as the demarcation line, there appears to be no conflict between these uses from one end of the block to the other. It should also be mentioned that two of the four residences on the subject property will remain rental apartments so this change in use should not be noticeable. It should also be mentioned that the allowed density under today's zoning standards would permit only two units and an accessory unit under 500 sq. ft. since the subject property is 7,100 square feet. This issue was addressed by the Department and the attached letter of the Development Director dated April 19, 2006 establishes the fact that this property was in use at the current density prior to the enactment of Ashland's Zoning Ordinances. Four units are a permitted use. 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. Since this application does not entail any construction, there will be no impact on City facihhes,- W 2 4 2 , apart from the impact which would be in effect if this application were denied. 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, bulls, 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. This Conditional Use will have no greater adverse material effect on the livability of the impact area compared to its current use as a rental apartment. Whether the resident(s) of this apartment live there on a month-to-month basis or as a tourist for the weekend, neighboring properties and the neighborhood at large would not be affected or even aware. In fact, the generation of traffic would probably be reduced from the standpoint that visitors to Ashland are typically oriented toward attending OSF plays and the theater is walking distance from this unit. Whereas the typical apartment resident would need a car to drive to work, school, and shopping, (and if these apartments are occupied by two residents, there would likely be two cars in use every day for each),the typical tourist or tourists would arrive with one car and probably park, same for the duration of the stay since their entertainment, restaurants, and shopping are easy to access on foot. As was noted, all of the neighboring properties adjoining Siskiyou Boulevard are used for commercial or vacation rental purposes. This proposed use would be consistent with theirs. Also, in keeping with the City's Site Design and Use Standards, the property owners are enclosing the trash and recycling receptacles with fencing along the alley. 1. That all residences used for travelers accommodation be business-owner occupied. The business-owner shall be required to reside on the property occupied by the accommodation, and occupancy shall be determined as the traveler's accommodation location being the primary residence of the owner during operation of the accommodation. "Business-owner" shall be defined as a person or persons who own the property and accommodation outright; or who have entered into a lease agreement with the property owner(s) allowing for the operation of the accommodation. Such lease agr6ent zf .. M A 4 2.01 Z specifically state that the property owner is not involved in the day to day operation or financial management of the accommodation, and that the business-owner is wholly responsible for all operations associated with the accommodation, and has actual ownership of the business. I reside in the apartment above the subject unit and it is my only residence. The owner of the property, my landlord, is Siskiyou Townhouses, LLC, of which the managers are Jack Davis and Julie Davis. We have agreed that if this application is granted, we will enter into a lease agreement conforming to the Ordinance. It will specifically state that the property owner will not be involved in the day to day operation or financial management of the accommodation and that I will be wholly responsible for all operations associated with the accommodation. It will also provide that I will have actual ownership of the business. A copy is attached. 2. That each accommodation unit shall have 1 off-street parking space and the owners shall have 2 parking spaces. All spaces shall be in conformance with the requirements of the Off-Street Parking Section of this Title. The accommodation units will have 1 off-street parking space designated for each. The sign is already posted there. At the rear of the property, accessed by the alley, there are 4 spaces available for this property. Though the Ordinance requires two spaces for my use, I live alone and will only need one space for my one vehicle. The off-street parking has proved sufficient for all residents of this property for the last several years and the granting of this application will not increase the demand for parking spaces. In fact, as indicated above, an accommodation would involve less demand for parking since two occupants of the subject units would probably be driving one vehicle in each case, and two vehicles for each apartment if permanent residents, if tourists, and two vehicles if permanent residents. It happens that the granting of this Application will reduce the minimum parking space requirement as set forth in the Ordinance. If granted,the total would be one for each of the two accommodations, one for the studio which is less than 500 square feet, and two for my residence upstairs. That total is five spaces. As the Ordinance applies to this property without travelers accommodations, the total would be one for the studio, 1.5 each for the two 1 bedroom units, and 1.75 for my unit. That total is 5.75 spaces so 6 spaces is the minimum. It should also be noted that there is a parking bay on Siskiyou Boulevard in front of the subject building. That bay provides a very convenient parking space for residents and visitors to this property with the limitation that there is a 4-hour limit between 8:00 a.m. and 8:00 p.m. Sherman Street also provides plenty of on-street parking easily accessed using the alley. 3. That only one ground or wall sign, constructed of a non-plastic material, non-interior illuminated of 6 square feet maximum size be allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the travelers' accommodation in violation of 18.72.110. Any signs to be installed will comply with all City Ordinances. I'm requesting that I be permitted to install a wooden sign no larger than 4 feet by 6 feet. 4. That the number of accommodation units allowed shall be determined by the following criteria: a. That the total number of units, including the owner's unit, shall be determined by the dividing the total square footage of the lot by 1800 sq. ft. Contiguous lots under the same ownership may be combined to increase lot area and the number of units, but not in excess of the maximum established by this ordinance. The maximum number of accommodation units shall not exceed 9 per approved travelers' accommodation with primary lot frontage on arterial streets. The maximum number of units shall be 7 per approved travelers' accommodation with primary lot frontage on designated collector streets; or for travelers' accommodations not having primary frontage on an arterial and within 200 feet of an arterial. Street designations shall be determined by the Ashland Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the collector or arterial. b. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least 400 sq. ft. of gross interior floor space remaining per unit. a. Using the formula in the Ordinance,two accommodation units would be permitted and the subject unit is within 200 ft. of an arterial, Siskiyou Boulevard. b. The subject units are larger than 400 sq. ft. 5. That the primary residence on the site be at least 20 years old. The primary residence may be altered and adapted for travelers' accommodation use, including expansion of floor area. Additional structures may be allowed to accommodate additional units, but must be in conformance with all setbacks and lot coverages of the underlying zone. This residence is 105 years old. 6. Transfer of business-ownership of a travelers' accommodation shall be subject to all requirements of this section, and subject to Conditional Use Permit approval and conformance with the criteria of this section. All travelers' accommodations receiving their initial approvals prior to the effective date of this ordinance shall be considered as approved, conforming uses,with all previous approvals, conditions and requirements remaining in effect upon change of business-ownership. Any further modifications beyond the existing approvals shall be in conformance with all requirements of this section. Any transfer will comply with all Ordinances. 7. An annual inspection by the Jackson County Health Department shall be MAY f a conducted as required by the laws of Jackson County or the State of Oregon. (Ord. 2776 S1, 1996). This unit will be subject to an annual inspection as required. 8. That the property on which the travelers' accommodation is operated is located within 200 feet of a collector or arterial street as designated in the City's Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the collector or arterial. (Ord. 2613 Sl, 1991). This unit is well within 200 feet of Siskiyou Boulevard. Respectfully submitted, Nola O'Hara I g I LEASE DATED: , 2012 BETWEEN: SISKIYOU TOWNHOUSES, LLC LANDLORD AND: NOLA O'HARA TENANT Landlord leases to Tenant the following described property on the terms and conditions stated below: 616 and 614 Siskiyou Boulevard, Unit No. 1, Ashland, Oregon, including all furniture, furnishings, and equipment. This lease also includes two parking spaces adjoining the alley which Landlord shall designate with a sign. I. OCCUPANCY a) Original Term: The term of this Lease shall commence June 1, 2012, and continue through May 31, 2013. b) Possession: Tenant's right to possession and obligations under this Lease shall commence on June 1, 2012. c) Renewal Option: If Tenant has not been in default throughout the term hereof, Tenant shall have the right to renew this Lease for five terms of one year each as follows: (1) Each of the renewal terms shall commence on the day following the date of termination of the preceding term. (2) The option may be exercised by written notice to Landlord given not less than One Hundred and Eighty(180) days prior to the last day of the expiring term. The giving of such notice shall be sufficient to make the Lease binding for the renewal term without further act of the partieswho shall then be bound to take the steps required in connection with the determination of rent as specified below. (3) The terms and conditions of the Lease for the renewal term shall be identical with the original term except renewal rights. DAVIS,HEARN,BRIDGES &ANDERSON A Professional Corporation 515 EAST MAIN STREET ASHLAND,OREGON 97520 M IVY 2 r�(t 8 Lease -1- (541)482-3111 FAX(541)488-4455 www.davishearn.com el- j II. USE OF THE PREMISES a) Permitted Use: The premises shall be used for travelers' accommodations and for no other purpose without the consent of Landlord. b) Restrictions on Use: In connection with the use of the premises, Tenant shall: (1) Conform to all applicable laws and regulations of any public authority and restrictive covenants of record affecting the premises and the use, and shall correct at Tenant's own expense any failure of compliance created through Tenant's fault or by reason of Tenant's use or as otherwise required from Tenant by the terms of this lease. (2) Refrain from any activity which would make it impossible to insure the premises against casualty, would increase the insurance rate, or would prevent Landlord from taking advantage of any ruling of the Oregon Insurance Rating Bureau or its successor allowing Landlord to obtain reduced premium rates for long-term fire insurance policies, unless Tenant pays the additional cost of the insurance. (3) Refrain from any use which would be reasonably offensive to other tenants or owners or users of neighboring premises or which would tend to create a nuisance or damage the reputation of the premises. (4) Refrain from loading the floors beyond the point considered safe by a competent engineer or architect selected by Landlord. (5) Refrain from making any marks on or attaching any sign, insignia, antenna, aerial, or other device to the exterior or interior walls, windows, or roof of the premises without the written consent of Landlord. (6) Refrain from causing or permitting any hazardous substance, as that term is defined by federal or state law from time to time, or other toxic substances or controlled substances, to be generated, manufactured, refined, stored, disposed, processed,produced, or released on the leased premises except in compliance with all applicable federal, state and local laws and regulations. c) Ownership of Business: It is expressly understood and agreed that Tenant is the sole owner of the said traveler's accommodation business being operated on the premises. Landlord shall not be involved in the day-to-day operation or financial management of the accommodation DAMS,HEARN,BRIDGES &ANDERSON A Professional Corporation 515 EAST MAIN STREET ASHLAND,OREGON 97520 (541)482-3111 FAX(541)488-4455 Lease -2- www.davishearn.com and Tenant shall be solely responsible for all operations associated with the accommodation. III. REPAIRS AND MAINTENANCE a) Landlord's Obligations: The following shall be the responsibility of Landlord: (1) Repairs and maintenance of the roof and gutters, exterior walls (including painting), bearing walls, structural members, and foundation. (2) Repair and maintenance of sidewalks, driveways, curbs, parking areas, and areas used in common by Tenant and Landlord or tenants of other portions of the same building. (3) Repair and maintenance of exterior water, sewage, gas, and electrical services up to the point of entry to the leased premises. (4) Repair of interior walls, ceilings, doors and windows and related hardware, light fixtures, switches, and wiring and plumbing from the point of entry to the premises. (5) All repairs and maintenance concerning the heating and air conditioning system. (6) All other repairs to the premises which Tenant is not required to make b) Tenant's Obligations: The following shall be the responsibility of Tenant: (1) Any repairs necessitated by the negligence of Tenant, Tenant's agents, employees, and invitees. (2) Maintain the subject premises in a clean and orderly condition. c) Landlord's Interference with Tenant: Any repairs,replacements, alterations, or other work performed on or around the leased premises by Landlord shall be done so as to interfere as little as reasonably possible with use of the premises by Tenant. Tenant shall have no right to an abatement of rent nor any claims against Landlord for any inconvenience or disturbance resulting from Landlord's activities performed in conformance with the requirement of this provision. d) Reimbursement for Repairs Assumed: If either party fails or refuses to make repairs which are required by this Lease, the other party may make the repairs and charge the actual costs of repairs to the first party. Such expenditures by Landlord shall be reimbursed by Tenant on DAVIS,HEARN,BRIDGES &ANDERSON A Professional Corporation 515 EAST MAIN STREET ASHLAND,OREGON 97520x ) Lease -3- (541)482-3111 FAX(541)488-4455 Nnvw,davishearn.com demand together with interest at the rate of Twelve percent (12%) per annum from the date of expenditure by Landlord. Such expenditures by Tenant may be deducted from rent and other payments subsequently becoming due or, at Landlord's election, collected directly from Landlord. Except in an emergency creating an immediate risk of personal injury or property damage, neither party may perform repairs which are the obligation of the other party and charge the other party for the resulting expenses unless at least thirty(30) days before work is commenced the defaulting party is given notice, in writing, outlining with reasonable particularity the repairs required, and such party fails within that time to initiate such repairs in good faith. e) Inspection of Premises: Landlord shall have the right to inspect the premises at any reasonable time or times to determine the necessity of repair. Whether or not such inspection is made, the duty of Landlord to make repairs shall not mature until a reasonable time after Landlord has received from Tenant notice in writing of the repairs that are required. IV. ALTERATIONS a) Alterations Prohibited: Tenant shall make no improvements or alterations on the leased premises of any kind without first obtaining Landlord's written consent. b) Ownership of Alterations: All improvements and alterations performed on the leased premises by either Landlord or Tenant shall be the property of Landlord when installed unless the applicable Landlord's consent specifically provides otherwise. V. INSURANCE a) Insurance Required: Landlord shall keep the leased premises insured at Landlord's expense against fire and other risks covered by a standard all-risk insurance policy with an endorsement for extended coverage. All coverage shall show Landlord as the insured and provide that coverage will not be cancelled nor diminished without Landlords' written consent. Tenant shall bear the expense of any insurance insuring the property of Tenant on the premises against such risks but shall not be required to insure. b) Waiver of Subro a„g tion: Neither party shall be liable to the other(or to the other's successors or assigns) for any loss or damage caused by fire or any of the risks enumerated in a standard all-risk fire insurance policy with an extended coverage endorsement, and in the event of insured loss neither party's insurance company shall have a subrogated claim against the other. VI. TAXES a) Property Taxes: Landlord shall pay as due all taxes on Landlord's personal property DAVIS,HEARN,BRIDGES &ANDERSON A Professional Corporation - 515 EAST MAIN STREET #�f �4 1 r. ,11 ASHLAND,OREGON 97520 (541)4 Lease -mot- 82-3111 FAX(541)488-4455 www,davishearn.com located on the leased premises. Landlord shall pay as due all real property taxes and special assessments levied against the leased premises. b) Special Assessments: If an assessment for a public improvement is made against the leased premises, said party may elect to cause such assessment to be paid in installments, in which case all of the installments payable with respect to the Lease term shall be treated the same as real property taxes as set forth above. VII. DAMAGE AND DESTRUCTION a) Partial Damage: If the leased premises are partly damaged and the following subsection does not apply,the property shall be repaired by Landlord at Landlord's expense if insurance proceeds are available. Repairs shall be accomplished with all reasonable dispatch subject to interruptions and delays from labor disputes and matters beyond the control of Landlord. b) Destruction: If the leased premises are destroyed or damaged such that the cost of repair exceeds the available insurance proceeds, either party may elect to terminate the Lease as of the date of the damage or destruction by notice given to the other in writing not more than forty-five (45) days following the date of damage. In such event, all rights and obligations of the parties shall cease as of the date of termination, and Tenant shall be entitled to the reimbursement of any prepaid amounts paid by Tenant and attributable to the anticipated term. If neither party elects to terminate, Landlord shall proceed to restore the leased premises to substantially the same form as prior to the damage or destruction. Work shall be commenced as soon as reasonably possible and thereafter shall proceed without interruption except for work stoppages on account of labor disputes and matters not under control of Landlord. c) Rent Abatement: Rent shall be abated during the repair of any damage to the extent the premises are untenantable, except that there shall be no rent abatement where the damage occurred as the result of the fault of Tenant. d) Damage Late in Term: If damage or destruction referred to within Subsection(b) would apply occurs within 180 days prior to the end of the then current Lease term, Landlord may elect to terminate the Lease by notice in writing to Tenant given within thirty(30) days after the date of the damage. VII. EMINENT DOMAIN a) Partial Taking: If a portion of the leased premises is condemned, and Subsection(b) does not apply, the Lease shall continue on the following terms: Landlord shall proceed as soon as reasonably possible to make such repairs and alterations to the premises as are necessary to DAVIS,HEARN,BRIDGES &ANDERSON A Professional Corporation 515 EAST MAIN STREET MAY ?01 tr: ASHLAND,OREGON 97520 Lease -5- (541)482-3111 FAX(541)488-4455 www.davishearn.com s� restore the remaining premises to a condition as comparable as reasonably practicable to that existing at the time of the condemnation. b) Total Taking: If a condemning authority takes all of the leased premises or a portion sufficient to render the remaining premises reasonably unsuitable for the use which Tenant was then making of the premises,the Lease shall terminate as of the date the title vests in the condemning authorities. Landlord shall receive all condemnation proceeds. c) Sale in Lieu of Condemnation: Sale of all or part of the leased premises to a purchaser with the power of eminent domain in the face of a threat or probability of the exercise of the power shall be treated for the purposes of this Section as a taking by condemnation. IX. LIABILITY AND INDEMNITY a) Liens: (1) Except with respect to activities for which Landlord is responsible, Tenant shall pay as due all claims for work done on, and for services rendered or material furnished to, the leased premises and shall keep the premises free from any liens. If Tenant fails to pay any such claims or to discharge any lien, Landlord may do so and collect the cost as additional rent. Any amount so added shall bear interest at the rate of Twelve percent (12%)per annum from the date expended by Landlord and shall be payable on demand. Such action by Landlord shall not constitute a waiver of any right or remedy which Landlord may have on account of Tenant's default. (2) Tenant may withhold payment of any claim in connection with a good-faith dispute over the obligation to pay, so long as Landlord's property interests are not jeopardized. If a lien is filed as a result of nonpayment, Tenant shall, within ten (10) days after knowledge of the filing, secure the discharge of the lien or deposit with Landlord cash or sufficient corporate surety bond or other surety satisfactory to Landlord in an amount sufficient to discharge the lien plus any costs, attorney fees, and other charges that could accrue as a result of a foreclosure or sale under the lien. b) Indemnification: Tenant shall indemnify and defend Landlord from any claim, loss, or liability arising out of or related to any activity of Tenant on the leased premises or any condition of the leased premises in the possession or under the control of Tenant. Landlord shall have no liability to Tenant for any loss or damage caused by third parties or by any condition of DAVIS,HEARN,BRIDGES &ANDERSON A Professional Corporation ri 515 EAST MAIN STREET , >ik ASHLAND,OREGON 97520 Lease -6° (541)482-3111 FAX(541)488-4455 www.davishearn.com the premises. c) Liability Insurance: Each of the parties shall be responsible for procuring any liability insurance they may deem appropriate. X. ASSIGNMENT AND SUBLEASE No part of the leased property may be assigned, hypothecated, or subleased, nor may a right of use of any portion of the property be conferred on any third person by any other means, without the prior written consent of Landlord. No consent in one instance shall prevent the provision from applying to a subsequent instance. XI. RENT 1) Amount: Since this is a commercial tenancy in which the Landlord is paying all property taxes, insurance, and maintenance, and since this lease entails a fully furnished and equipped traveler's accommodation, and since it is understood that Tenant's income from the premises shall be highly seasonal and sporadic in nature, including months in which Tenant will be unable to generate any revenue at all,the parties agree that Tenant shall pay Landlord 80% of Tenant's gross receipts from the subject premises. 2) Definition of Gross Receipts: "Gross receipts" means the amount paid or payable for rents provided from the leased premises for cash or on credit and including the value of any exchanges. Gross receipts shall be reduced by any bank charges concerning Tenant's receipt of Visa payments. 3) Monthly Payments: Payments of percentage rental shall be made on the 5tn day of each month. Each monthly payment shall be determined by applying the percentage to the gross receipts for the month. 4) Monthly Accountings: With each monthly rent payment, Tenant shall provide a statement of all rents and revenue generated at the subject premises for the preceding calendar month. Each statement shall contain the names of customers, dates of stays, and revenue received. 5) Audit: At any time within Six (6) months after Tenant's statement of monthly receipts and rent is due, Landlord may request an audit of Tenant's gross receipts by an independent Certified Public Accountant chosen by Tenant from a list of not i DAVIS,HEARN,BRIDGES &ANDERSON A Professional Corporation 515 EAST MAIN STREET �7 ASHLAND,OREGON 97520 (541) Lease °/- 482-3111 FAX(541)488-4455 v✓ww.davlshearn.com i fewer than three (3). 6) Records: Tenant shall keep proper books of account and other records pertaining to gross receipts and render monthly statements of gross receipts at the time monthly payments of percentage rent are due. The books and records shall be kept or made available at a location reasonably accessible to Landlord, who may inspect all such books and records, and copies of Tenant's Federal and State Income Tax returns for relevant years, at all reasonable times to verify Tenant's gross receipts. 7) Continuous Business: Tenant shall occupy the leased premises continuously for the purpose stated in this Lease. This shall not prevent Tenant from closing for brief periods when reasonably necessary for repairs, remodeling (when permitted), or other legitimate purpose related to the business carried on, or when closure is the result of factor's not within Tenant's control. 8) Partnership: Landlord is not by virtue of this section a partner or joint venturer with Tenant in connection with the business carried on under this Lease, and shall have no obligation with respect to Tenant's debts or other liabilities, and no interest in Tenant's profits. XII. DEFAULT The following shall be events of default: a) Default in Rent: Failure of Tenant to pay any rent or other charge within five days after written notice. b) Default in Other Covenants: Failure of Tenant to comply with any term or condition or fulfill any obligation of the Lease (other than the payment of rent or other charges) within ten days after written notice by Landlord specifying the nature of the default with reasonable particularity. If the default is of such a nature that it cannot be completely remedied within said period, this provision shall be complied with if Tenant begins correction of the default within said period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable. c) Abandonment: Failure of Tenant for thirty days or more to occupy the property for one or more of the purposes permitted under this Lease, unless such failure is excused under other provisions of this Lease, shall be an abandonment of the property. d) Insolvency: The insolvency of Tenant, assignment for the benefit of creditors, the DAVIS,HEARN,BRIDGES &ANDERSON A Professional Corporation 515 EAST MAIN STREET Op ASHLAND,OREGON 97520 (541)4 Lease -O- 82-3111 FAX(541)488-4455 MAY � 2 f)1� www.davishearn.com attachment of, or levying of execution by creditors, or the appointment of a receiver for Tenant, or the initiation of any bankruptcy proceedings. XIII. REMEDIES ON DEFAULT In addition to any other remedies herein, Landlord shall be entitled to a late charge of 6% of any overdue payment commencing 10 days following its due date. Any late charge shall be due as soon as it is incurred. Upon the termination of this Lease, at its expiration by lapse of time or otherwise,the Tenant shall yield up immediate possession to the Landlord. It is mutually agreed as a condition of this Lease, and the Tenant covenants,that if there shall be a default as defined above,then and in each and every case,the term hereby granted shall, at the election of the Landlord, immediately thereupon cease, terminate and come to an end, without further formality and without prejudice to Landlord's right to rents due or to become due; and the Landlord may recover and resume possession of the demised premises by any legal means; and in such case, the Landlord shall have the right to re-enter upon said premises and resume possession of same and without prejudice to any remedies which might otherwise be available to Landlord. It is understood and agreed that in the event of default of Tenant's obligations as defined in this Agreement, so that Landlord resumes possession of the subject real property and improvements thereon, the Tenant's obligations for monthly installment payments shall not terminate;that each month's unpaid installment shall constitute a separate cause of action for which the Landlord may litigate independently. Any action or suit to recover possession of said real property and improvements shall not terminate rent obligations due from Tenant. The written notice of Landlord's intention to terminate this Lease hereinabove provided for shall be deemed a re-entry under the law, as to all rights between Landlord and Tenant herein, and upon any such resumption of possession by the Landlord in any manner, Landlord may remove all persons and property from the demised premises. Landlord may thereafter be entitled to hold the Tenant liable for expenses incurred by the Landlord for necessary repairs to the demised premises, so far as incumbent upon the Tenant to keep same in repair, or by reason of the breach of any of the terms, conditions, or covenants of this Lease, and all expenses incurred in recovering possession of the premises and in reletting same to mitigate Landlord's loss. XIV. SURRENDER AT EXPIRATION a) Condition of Premises: Upon expiration of the Lease term, or earlier termination on account of default, Tenant shall deliver all keys to Landlord and surrender the leased premises in DAVIS,HEARN,BRIDGES &ANDERSON A Professional Corporation 515 EAST MAIN STREET ( r r ASHLAND,OREGON 97520 Lease -((11 7- (541)482-3111 FAX(541)488-4455 www,davishearn.com first-class condition and broom clean. Alterations constructed by Tenant with permission from Landlord shall not be removed or restored to the original condition unless the terms of permission for the alteration so require. Depreciation and wear from ordinary use for the purpose for which Tenant is responsible shall not be charged against Tenant. Excess use and damage shall be promptly remedied by Tenant, to be completed by the latest practical date prior to surrender. b) Fixtures: (1) All fixtures placed upon the leased premises during the term, other than Tenant's trade fixtures, shall, at Landlord's option,become the property of Landlord. If Landlord so elects, Tenant shall remove any or all fixtures which would otherwise remain the property of Landlord, and shall repair any physical damage resulting from the removal. If Tenant fails to remove such fixtures, Landlord may do so and charge the cost to Tenant with interest at the legal rate from the date of expenditure. (2) Prior to expiration or termination of the Lease term Tenant shall remove all furnishings, furniture, and trade fixtures which remain Tenant's property. If Tenant fails to do so, this shall be an abandonment of the property. XV. MISCELLANEOUS a) Nonwaiver: Waiver by either party of strict performance of any provision of this Lease shall not be a waiver of or prejudice the party's right to require strict performance of the same provision in the future, or of any other provision. b) Attorney Fees: If suit or action is instituted in connection with any controversy arising out of this Lease, the prevailing party shall be entitled to recover, in addition to costs, such sum as the Court may adjudge reasonable as attorney fees at trial and on appeal. No party shall be entitled to such award of fees unless, prior to filing a lawsuit, said party offered to participate in mediation with the other party. c) Notices: Any notice required or permitted under this Lease shall be deemed given when actually delivered, or forty-eight (48) hours after deposited in the United States mail as Certified Mail addressed to the address first given in this Lease, or to such other address as may be specified from time to time by either of the parties in writing. d) Succession: Subject to the above-stated limitations on transfer of Tenant's interest, this Lease shall be binding upon and inure to the benefit of the parties,their respective successors DAVIS,HEARN,BRIDGES &ANDERSON A Professional Corporation 515 EAST MAIN STREET ASHLAND,OREGON 97520 Lease -10- (541)482-3111 FAX(541)488-4455 vrNw,davishearn.com I ti I or assigns, subject to the above restrictions on assignment. THIS LEASE WAS PREPARED ON BEHALF OF LANDLORD. SISKIYOU TOWNHOUSES, LLC By: Jack Davis, Manager, Landlord Nola O'Hara, Tenant DAVIS,HEARN,BRIDGES &ANDERSON A Professional Corporation 515 EAST MAIN STREET > t rf j ASHLAND,OREGON 97520 Lease -11- (541)482-3111 FAX(541)488-4455 vnvw.davishearn.com s� i v 1� rr Fro posed. I m i. RI. 11L�1ou) �� c w 00 �0= — r . c p y � a I l w c E _) E ih M go y y 4. O a _ a O U b C w _- �I MAR 3 FIRST FLOOR I ; aF r - °o � 111 !! � a z w�ppqp g�g�g��g�g�g��°�°v°g"g"g"g"g" g��° (0 U ® LL kn A CL R g 4 4SS °ICS fy — jab' X,.,;'Aill�. Vi. , r r.. g i ` o u t }a`,9i}y y�\ i a JN179aV JND atld `JNMMV t v i TV r y� Owl 7; Hd'ra 1' `J r )} gg /viol � \ v CA Aj dddddd �� � E M Ilk wit v AX An;M Of I 1 r } EE FROM FAX NO. 11 2012 02:59PM P1 16yj A, ONING PE RMIT APPLICATION Planing Division C I T Y Of 51 Winburn Way, A,sbland OR 97520 FILE# � T H L,� AND 541-488-5305 Fax.541-488-6006 DESCRIPTION OF PROJECT DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? DYES ONO Street Address Assessor's.,, . .. . � Tax W(s) . .. . . Ma No.391 E Zoning Comp P Ian Designation APPLICANT Name Phone ! R'4 5 -Mail Address City � Zip 7c � PROPERTY OWNER . f Nana Phone �fr-Mail � r n y . Address ,L� � t �/�C� l City (�fA (f1 Zip o SURVEYOK ENGINEER ARCHITECT 'LANDSCAPE ARCHITECT OTHER "title _ _. Name Phone E-Mail Address City Zip v Title Name Phone E-Mail Address City Zip 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. I 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 assume's full responsibility.I further understand that if this request is subsequently contested, the burden will be on me to establish: 1) that/produced sufficient factual evidence at the hearing to support this request; 21, that the lindinas of fact furnished iustifles the grantinq of ths' request; 4) that all structures or improvements are property rlocated on the ground, Failure in this regard will result most likely in not only the request being set aside,but also possibly in my structures being built in reliance thereon being required to be removed at my expense..If I have en doubts I am advised to seek competent.professionaf advice and assistance. Applicant's Signature Date As ownstdf the property involved in this request,I have read and understood the complete applicatio and its consequences tome as a property owner Prc rty Owner's Signature(r quired) Date � Fo be completed by CAy 81,q Date Received ..__ Zoning Permit Type Filing Fee$_ OVEP /* C:\Documents and Settinus\luca a\C7aekt4)n\7.nni,io Pennil AnaliaA66A.[I6C Mimi Job Address: 614 SISKIYOU BV Contractor: ASHLAND OR 97520 Address: Owner's Name: DAVIS JACK O Phone: Customer#: 04505 State Lie No: �� NOLA O'HARA :': City Lie No: Applicant: _'R ; Address: A.' C , Sub-Contractor: - Phone: (541)488-0985 Address: ,W Applied: 05/11/2012 Issued: Expires: 11/07/2012 Phone: State Lie No: Maplot: A City Lie No: DESCRIPTION: Condiitional Use Permit for a Traveler's Accommodation 4` ` YALUATI�N ' Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description Total for Valuation: jF77777 'tUIECFiANICAL ' ELEGTI�I�AL SRUGTIIRAL PhRIIIT F8DETAILr Fee Description Amount Fee Description Amount Conditional Use Permit Type 1 963.00 GOip1TON S;.t�FPRROUAL I 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