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HomeMy WebLinkAboutEMain_3155_PA-2013-00734 CITY FL July 16, 2013 Notice of Final Recision On July 16, 2013, the Community Development Director approved the request for the following: Planning Action: 2013-00734 Subject Property: 3155 E Main Street Applicant: Arlo Wand for Bruce & Sandra Wand Description: A request for Site Review and Conditional Use permit approval to allow the construction of a 1,380 square foot shop building in the southern corner of the property located at 3155 East Main Street. The subject property is zoned Employment (E-1) and the proposed shop would initially be accessory to the existing, non-conforming residential use but would be converted to commercial workshop space in keeping with the E-1 zoning in a later phase. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 39 lE 12; TAX LOT: 319 The Community Development Director's decision becomes final and is effective on the 13th day after the Notice of Final Decision is mailed. Approval is valid for a period of one year and all conditions of approval identified on the attached Findings are required to be met prior to project completion. The application, all associated documents and evidence submitted, and the applicable criteria are available for review 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. Prior to the final decision date, anyone who was mailed this Notice of Final Decision may request a reconsideration of the action 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 ALUO 18.108.070(B)(2)(c). The ALUO sections covering reconsideration and appeal procedures are attached. The appeal may not be made directly to the Oregon Land Use Board of Appeals. If you have any questions regarding this decision, please contact Derek Severson in the Community Development Department at (541) 488-5305. cc: Bruce & Sandra Wand Parties of record and property owners within 200 ft i COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 j 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us 1(~ SECTION 18.108.070(B)2 Effective Date of Decision and Appeals. B. Actions subject to appeal: 2. Type I Planning Actions. a. Effective Date of Decision. The final decision of the City for planning actions resulting from the Type I Planning Procedure shall be the Staff Advisor decision, effective on the 13th day after notice of the decision is mailed unless reconsideration of the action is approved by the Staff Advisor or appealed to the Commission as provided in section 18.108.070(B)(2)(c). b. Reconsideration. The Staff Advisor may reconsider Type I planning actions as set forth below. i. Any party entitled to notice of the planning action, or any City Agency may request reconsideration of the action after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no fault of the party asking for reconsideration, which in the opinion of the staff advisor, might affect the decision. Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity to respond to the issue prior to making a decision. ii. Reconsideration requests shall be received within five (5) days of mailing. The Staff Advisor shall decide within three (3) days whether to reconsider the matter. iii. If the Planning Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the decision for purposes of reconsideration. The Staff Advisor shall decide within ten (10) days to affirm, modify, or reverse the original decision. The Staff Advisor shall send notice of the reconsideration decision to affirm, modify, or reverse to any party entitled to notice of the planning action. iv. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration, c. Appeal. i. Within twelve (12) days of the date of the mailing of the Staff Advisor's final decision, including any approved reconsideration request, the decision may be appealed to the Planning Commission by any party entitled to receive notice of the planning action. The appeal shall be submitted to the Planning Commission Secretary on a form approved by the City Administrator, be accompanied by a fee established pursuant to City Council action, and be received by the city no later than 4:30 p.m. on the 12th day after the notice of decision is mailed. ii. If an appellant prevails at the hearing or upon subsequent appeal, the fee for the initial hearing shall be refunded. The fee required in this section shall not apply to appeals made by neighborhood or community organizations recognized by the city and whose boundaries include the site. iii. The appeal shall be considered at the next regular Planning Commission or Hearings Board meeting. The appeal shall be a de novo hearing and shall be considered the initial evidentiary hearing required under ALUO 18.108.050 and ORS 197.763 as the basis for an appeal to the Land Use Board of Appeals. The Planning Commission or Hearings Board decision on appeal shall be effective 13 days after the findings adopted by the Commission or Board are signed by the Chair of the Commission or Board and mailed to the parties. iv. The appeal requirements of this section must be fully met or the appeal will be considered by the city as a jurisdictional defect and will not be heard or considered. COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305 51 Winbum Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.onus I ;'E I ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: 2013-00734 SUBJECT PROPERTY: 3155 East Main Street APPLICANT: Arlo Wand OWNER: Bruce & Sandra Wand DESCRIPTION: A request for Site Review and Conditional Use permit approval to allow the construction of a 1,380 square foot shop building in the southern corner of the property located at 3155 East Main Street. The subject property is zoned Employment (E-1) and the proposed shop would initially be accessory to the existing, non-conforming residential use but would be converted to commercial workshop space in keeping with the E-1 zoning in a later phase. The application also involves a Tree Removal Permit to remove two trees greater than six-inches in diameter-at-breast-height (d.b.h.) COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 39 1E 12; TAX LOT: 319 SUBMITTAL DATE: May 30, 2013 DEEMED COMPLETE DATE: June 13, 2013 STAFF APPROVAL DATE: July 16, 2013 APPEAL DEADLINE: July 29, 2013 FINAL DECISION DATE: July 30, 2013 APPROVAL EXPIRATION DATE: July 30, 2014 DECISION: The subject parcel is a 1.72 acre flag lot located just northwest of the intersection of Ashland Street (Highway 66), East Main Street and Oak Knoll Drive and is just southwest of the runway of Ashland Municipal Airport. The subject property is zoned Employment (E-1) and is also located within the Airport (A-) overlay. The property currently contains an approximately 1,022 square foot residence, built in about 1930 according to Jackson County tax assessor's records, and a small outbuilding. The property is relatively flat, and contains a number of trees clustered near the existing home. Neil Creels runs generally parallel and just off of the property's rear lot line. The associated Neil Creels floodplain corridor extends onto the property and covers roughly the rear one-third of the site. Exclusive residential use of an E-1 property is, considered to be non-conforming, however because this use predates the adoption of Ashland's land use regulations it is considered to be "grandfathered" as a legal, non-conforming use. When a non-conforming use is "enlarged, extended, reconstructed, substituted, or structurally altered" it is subject to Conditional Use Permit approval as provided in AMC 18.68.090. Residential Use within the Airport (A) overlay zone is also subject to Conditional Use Permit review. The current proposal is a request for Site Review and Conditional Use permit approval to allow the construction of a 1,380 square foot shop building in the southern corner of the property. The proposed building would be a 30-foot by 46-foot pre-fabricated steel arch building placed on a PA #2013-00734 3155 East Main Street/DDS Page 1 monolithic concrete slab. The applicant proposes to utilize this building initially as accessory to the existing residential use but plans to ultimately convert the shop to a commercial workshop space as a cabinet shop which would bring the property more into compliance with the underlying Employment zoning. As such, the building would initially be served by an unpaved driveway and unpaved parking/loading area adjacent, but these would be paved to the required width and adequate landscaping provided with the eventual converstion to commercial use. With the proposed installation of a driveway and parking that will ultimately be required for conversion of the proposed shop to commercial use, the removal of two trees of approximately 17-inches in diameter will be required and the associated Tree Removal Permits are requested here as well. The approval criteria for a Conditional Use Permit include that adequate public facilities to serve the proposal can and will be provided to and through the site, and that the proposal 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. Conditional Use approval considers the material effects in terms of similarity in scale, bulk, and coverage; generation of traffic and effects on surrounding streets; architectural compatibility with the impact area; air quality, including the generation of dust, odors, or other environmental pollutants; generation of noise, light, and glare; the development of adjacent properties as envisioned in the Comprehensive Plan; and other factors found to be relevant. The electrical service to the property was replaced in 2011, and the applicant proposes to initially serve the shop building from a 40-amp subpanel, with the ability to convert to a new commercial service in conjunction with the eventual conversion to a commercial use. The applicant notes that he has been in conversation with the Electric Department to verify the ability to extend services to the building in the future. He also indicates that there are easements in place for water and stormwater to serve the property as needed in the future. The application materials provided further note that the building will be constructed of similar materials to others in the immediate vicinity, will be smaller than most of the nearby buildings, and that the proposed initial personal shop use will result in no additional vehicle trips. The application suggests that the personal shop use will result in no air quality, noise, light or glare concerns and certainly none which would be incompatible with the surrounding employment and industrial uses which include welding shops. In addition, the application notes that the pre- fabricated building proposed can be easily disassembled and removed if needed to accommodate alternate development of the site. The establishment of a commercial/employment use on the site requires Site Review approval, and must demonstrate compliance with both the Site Review approval criteria of AMC 18.72 and the Basic Site Review Standards of the Site Design and Use Standards. The Basic Site Review Standards generally seek a clearly visible and functional building entrance open to the public, located near and accessed from the sidewalk. The standards provide for exceptions when a building will not be accessed by pedestrians or if topography or lot configuration makes meeting these standards impossible. In this instance, the subject property is located at the end of a flag drive which is more than 200 feet in length, and with the topography, vegetation, and buildings already in place on the subject property and adjacent lots between the subject property and the street, the proposed placement of the shop building at the front corner of the lot, farthest from the flag drive entrance, would have little or no visibility from the street. Creating an orientation to PA #2013-00734 3155 East Main Street/DDS Page 2 the street is not possible given these circumstances. Given the lot configuration and development pattern in the area, it seems most. appropriate that the building be designed to relate to the point where customers will access the lot, and provide for a clear sense of entry so that future customers or deliveries can clearly identify the business for access. In staff's view, the proposal amounts to a phasing in of eventual employment use which would bring the site more into compliance with the standards for Employment lands, with the first phase to involve constructing the proposed building as an accessory structure associated with the residential use, and a later second phase where commercial use would be put into place and, the required improvements (parking, paved driveway and associated landscaping) would be installed. For staff, it is important to insure that the first phase use as a personal shop accessory to the existing residential use does not create any barriers to the eventual second phase, and this is best accomplished by demonstrating where and how adequate parking will be provided, and where the paved driveway and landscaping will need to be placee to comply with Site Review criteria and design standards. Off-street parking and circulation requirements are detailed in AMC 18.92. A 1,380 square foot industrial/manufacture/warehouse use requires 1.38 parking spaces and the existing home at the end of a flag drive requires three spaces. The applicant proposes to provide five parking spaces to address the parking required with eventual conversion of the shop to a commercial use. While a nine-foot unpaved driveway may be used to serve a single family dwelling and its associated accessory uses, commercial standards require that a driveway serving less than seven parking spaces be paved to a 12-foot width and maintain a 15-foot clear width for fire access (i.e. all vegetation and obstructions kept at least 18-inches from the driveway edge on both sides to a height of 13'/2 feet). Within the E-1 zoning district, there is a requirement that 15 percent of the lot area be landscaped, and that seven percent of the parking area be provided in landscaping including a five-foot width landscape buffer at the property line adjacent to parking and circulation areas. A condition has been included below to require a revised site plan detailing the phased installation of the driveway and parking areas to meet these requirements as appropriate to each phase. Solar Access requirements from AMC 18.70 typically require that an E-1 zoned property cast no more shadow on a property to its north than would be cast by a 16-foot fence on the north property line. In preliminary analysis by staff, it appears that the height of the proposed building and placement on the lot could easily meet these standards, as the building is listed as only 14 feet in height and the placement is as far south on the site as possible. With Site Review approval and the establishment of a commercial use, the applicants would typically need to address frontage improvements along East Main Street, which is paved but which lacks curbs, gutters, sidewalks or street trees along the subject property's frontage. In lieu of the applicants providing these frontage improvements, a condition of approval has been included below to require that the applicants agree to participate proportionally in the cost of future East Main Street improvements if and when a local improvement district is formed. i The rear of the property contains a relatively large area located within Neil Creek's floodplain corridor. In addition, a "water resource protection zone" extends 50 feet upland from the top of the creels bank, and depending on the location of the creek bank, this protection zone may also extend onto part of the property. Development within the floodplain or water resources PA #2013-00734 3155 East Main Street/DDS Page 3 protection zone is regulated under both the Physical and Environmental Constraints Ordinance (AMC 18.62) and the Water Resource Protection Zones Ordinance (AMC 18.63). The applicant initially proposed a driveway which extended near the floodplain, however a subsequent revision to the proposal provided on June 19, 2013 detailed placement of the proposed driveway between the existing home and the front property line in order to avoid impacting the floodplain corridor. A condition of approval has been included below which requires this proposed driveway placement be utilized to avoid adverse impacts to the floodplain corridor. With the proposed installation of driveway and parking that will ultimately be required for conversion of the proposed shop to commercial use, the removal of two trees of approximately 17-inches in diameter will be necessary, and the associated Tree Removal Permits have been requested here. In considering this request, staff noted that removals are requested in order to permit the application to be consistent with other applicable Ashland Land Use Ordinance requirements and standards in providing required parking and circulation to serve the eventual development of the site more in keeping with its zoning desigination while also avoiding impacts to the Neil Creek floodplain corridor. Conditions of approval have been added to require that the trees to remain be identified on the revised site plan and that required tree protection details be provided, and that two mitigation trees be planted within six-months of the date of removal of these trees. For staff, the key issues with the proposal are insuring that the proposed shop as a short-tern accessory use to the existing, non-conforming residential use does not preclude the viability of commercial use of the site over the long-term, and preventing adverse impacts to the Neil Creek floodplain corridor and water resource protection zone. In staff's assessment, the proposal complies with all applicable City ordinances, meets the applicable criteria for Site Review, Conditional Use, and Tree Removal permit approval, and with the attached conditions will come nearer to compliance with the envisioned zoning while avoiding impacts to the Neil Creels floodplain corridor. The criteria for Site Review approval,are described in AMC Chapter 18.72.070 as follows: A. All applicable City ordinances have been met or will be met by the proposed development. 8. All requirements of the Site Review Chapter have been met or will be met. C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. D. 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 criteria for Conditional Use Permit approval are described in AMC Chapter 18.104.050 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. 8. 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. PA #2013-00734 3155 East Maui Street/DDS Page 4 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 approval of a Tree Removal Permit for a tree that is not a hazard are described in AMC Chapter 18.as follows: 1. The tree is proposed for removal in order to permit the applicationto be consistent withother applicable Ashland Land Use Ordinancerequirements and standards, including but not limited to applicable SiteDesign and Use Standards and Physical and EnvironmentalConstraints. The Staff Advisor may require the building footprint of thedevelopment to be staked to allow for accurate verification of the permitapplication; and 2. Removal of the tree will not have a significant negative impact onerosion, soil stability, flow of surface waters, protection of adjacent trees, or existing windbreaks, and 3. Removal of the tree will not have a significant negative impact on the tree densities, sizes, canopies, and species diversity within 200 feet of the subjectproperty. The City shall grant an exception to this criterion when alternative to the tree removal have been considered and no reasonable alternative exists to allow the property to be used as permitted in the zone. Nothing in this section shall require that the residential density be reduced below the permitted density allowed by the zone. In making this determination, the City may consider alternative site plans or placement of structures of alternate landscaping designs that would lessen the impact on trees, so long as the alternatives continue to comply with the other provisions of the Ashland Land Use Ordinance. 4. The City shall require the applicant to mitigate for the removal of each tree granted approval pursuant to AMC 18.61.084. Such mitigation requirements shall be a condition of approval of the permit. Planning Action #2013-00734 is approved with the following conditions. Further, if any one or more of the following conditions are found to be invalid for any reason whatsoever, then Planning Action #2013-00734 is denied. The following are the conditions and they are attached to the approval: PA #2013-00734 3155 East Main Street/DDS Page 5 1) That all proposals of the applicant shall be conditions of approval unless otherwise modified herein, including that the proposed driveway shall be placed between the existing house and the front property line to avoid disturbance of floodplain corridor lands as proposed by the applicant in the drawing submitted on June 19, 2013. 2) That no disturbance of floodplain corridor lands has been approved here. Any disturbance of floodplain corridor lands would be required to obtain necessary Physical and Environmental Constraints Review Permit and/or Water Resource Protection Zone Limited Use Permit approvals. 3) That a sign permit shall be obtained prior to installation of any signage. All signage shall meet the requirements of Chapter 18.96, shall meet applicable vision clearance requirements, and shall not be installed until commercial occupancy has been approved. 4) That two mitigation trees shall be planted, inspected and approved by the Staff Advisor within six months of the removal of the 5) That prior to the issuance of a building permit: a) The plans submitted for the building permit shall be in substantial conformance with those approved as part of.this application. If the plans submitted for the building permit are not in substantial conformance with those approved as part of this application, an application to modify this Site Review and Conditional Use Permit approval shall be submitted and approved prior to issuance of a building permit. b) A revised Site Plan detailing the proposed phased improvements of the site shall be submitted for the review and approval of the Staff Advisor. Specifically: i) The Phase I site plan shall detail the installation of an unpaved driveway of at least nine feet in width to provide vehicular access to the proposed shop building for its initial, personal use as accessory to the existing residential use. ii) The Phase II site plan shall detail the installation of a minimum 12-foot width driveway within a 15-foot clear width as proposed by the applicant to serve the five required parking spaces. A five-foot wide sight- obscuring landscape buffer shall be detailed between the proposed driveway and parking areas and the adjacent property lines, and parking lot landscaping equivalent to at least seven percent of the parking lot area, including at least one parking lot tree,, shall be identified. This Site Plan shall detail the location of the five proposed automobile parking spaces, as well as at least two bicycle parking spaces meeting the requirements of AMC 18.92.060.1-J., and required trash enclosure/screening consistent with AMC 18.72.115.A., which are to be in place prior to commercial use of the building. C) A revisied size- and species-specific landscaping and irrigation plan shall be provided detailing the plantings in the five-foot wide sight-obscuring landscape buffer between the, proposed driveway and parking areas and the adjacent property lines, and associated parking lot landscaping equivalent to at feast seven percent of the parking lot area, including at least one parking lot tree and two mitigation trees to replace the trees to be removed. PA #2013-00734 3155 East Main Street/DDS Page 6 d) That a revised tree protection plan shall be provided detailing the type, size and tree protection zone for all trees on the property and upon adjacent properties within 15 feet of the property line. The two trees to be removed shall be identified, and tree protection details consistent with the requirements of AMC 18.61.200 shall be identified. e) All private and public easements on the property shall be shown on the building permit submittals, including but not limited to utility, access or storm drainage. f) A stormwater drainage plan shall be submitted at the time of a building permit for review and approval by the Engineering, Building, and Planning Divisions. g) All exterior lighting shall be shown on the building permit submittals and appropriately shrouded so there is no direct illumination of surrounding properties. h) Tree protection fencing shall be installed according to the approved plan prior to any site work, storage of materials or issuance of building permits. The tree protection shall be chain link fencing six feet tall and installed in accordance with 18.61.200.B. No construction shall occur within the tree protection zone including dumping or storage of materials such as building supplies, soil, waste, equipment, or parked vehicles. A Tree Verification Permit shall be applied for and approved by the Ashland Planning Division prior to site work, building demolition, and/or storage of materials. The Verification Permit is to inspect the identification of the two trees to be removed and the installation of tree protection fencing for trees to remain on and adjacent to the site. i) That in lieu of providing frontage improvements along the East Main Street frontage of the subject property, the property owner shall sign in favor of a local improvement district (LID) for the future improvement of East Main Street, including sidewalks, parkrow, curb, gutter and storm drainage. j) Building permit submittals shall include lot coverage calculations including all building footprints, driveways, parking, and circulation areas. Lot coverage shall be limited to no more than 85 percent as required in Section II-A of the Site Design and Use Standards. 9) That prior to the approval of a change in occupancy to allow commercial use and prior to any commercial use of the site: a) The applicant shall obtain all required building permits for the proposed change in occupancy, pay all associated fees and charges, and obtain all associated inspection approvals. b) That the driveway and parking areas shall be paved, and all landscaping and irrigation installed according to the approved Phase 2 plan, inspected and approved by the Staff Advisor. c) That a new commercial electric service shall be installed, inspected and approved to serve the proposed commercial use of the building. d) That the requirements of the Fire Department including that approved addressing, fire apparatus access, firefighter access pathways, fire flow, fire hydrant distance and clearance, fire extinguishers, and a key box be provided shall be satisfactorily addressed. e) That at least two bicycle parking spaces shall be installed in accordance with the rack design, number, placement and coverage standards in AMC 18.92.060.1. and PA #2013-00734 3155 East Main Street/DDS Page 7 J., inspected, and approved by the Staff Advisor prior to the issuance of the certificate of occupancy. f) That the screening for the trash and recycling enclosure shall be installed in accordance with the Site Design and Use Standards prior to the issuance of a certificate of occupancy. An opportunity to recycle site of equal or greater size than the solid waste receptacle shall be included in the trash enclosure in accordance with the Recycling Requirements of AMC 18.72.115.A. Bi11 Molnar, birector D# tfment If Community Development I ~I PA #2013-00734 3155 East Main Street/DDS Page 8 AFFIDAVIT OF MAILING STATE OF OREGON ) County of Jackson ) The undersigned being first duly sworn states that: 1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On July 16, 2013 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 addresses as set forth on this list under each person's name for Planning Action PL-2013-00734, 3155 E Main Street. Signature of Employee - I I G:Icomm-devlplanninglTemplateslTEMPLATE_Affidavit of Mailing-Planning Acdon Nodce.dot 7/1612013 j PA-2013-00734 391E12 342 PA-2013-00734 391E11DD 900 PA-2013-00734 391E12 301 LONGIOTTI CORDINO ASHLAND HILLS HOTEL LLC DE BOER ALAN 3161 E MAIN ST 951 EMIGRANT CREEK RD P 0 BOX 249 ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2013-00734 391E11DD 400 PA-2013-00734 391E12 303 PA-2013-00734 391E12 340 JOHNSON BETSY D TRUSTEE ET AL JOHNSON-SCHLESS KRISTA PAPEN FRANK CONRAD TRUSTEE 1348 PROSPECT ST 1348 PROSPECT ST 267 MEADE ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2013-00734 391E12 339 PA-2013-00734 391E12 320 PA-2013-00734 391E12 319 SCHLESS ELY SECURE STORAGE OF ASHLAND LLC WAND BRUCE 1348 PROSPECT ST 65895 W HIGHWAY 20 700 OAK ST ASHLAND, OR 97520 BEND, OR 97701 ASI-I AND, OR 97520 PA-2013-00734 ARLO WANT ~ob 3155 EAST MAIN ASHLAND, OR 97520 15, I I Zimbra Page 1 of 1 i Zimbra seversod@ashland.or.u; + Font Size - Re: Wall to House From : Arlo Wand <arlowand@yahoo.com> Wed, Jun 19, 2013 11:44 AM Subject : Re: Wall to House To : Derek Severson <derek.severson@ashland.or.us> Reply To : Arlo Wand <arlowand@yahoo.com> Derek, I've measured the distance between Marty's retaining wall {which marks our property line} and it's 35 feet to our house. Which after a 20' wide road with 3' of landscaping, would leave a 12' buffer from house to edge of driveway, thanks, Arlo From: Derek Severson <derek.severson@ashland.or.us> To: arlowand@yahoo.com Sent: Tuesday, May 28, 2013 3:54 PM Subject: Maps & Application Arlo, I left some 11x17 maps, a copy of the application form, and a sample Site Review application submittal at the front counter with your name on them. You can pick them up anytime between 8:00 and 4:30 for the rest of the week. I'm going to be out of the office for a couple of days at a conference, but if there are any questions Assistant Planner Michael Pina will be covering. He'll have counter hours from 8:00 to 12:30 for the rest of the week, and Amy and I will both be back in the office next week. Derek Severson, Associate Planner City of Ashland, Department of Community Development 51 Winburn Way, Ashland, OR 97520 PH: (541) 552-2040 FAX: (541) 552-2050 TTY: 1-800-735-2900 E-MAIL: derek.severson@ashland.or.us This e-mail transmission is the official business of the City of Ashland, and is subject to Oregon's public records laws for disclosure and retention. If you've received this e-mail in error, please contact me at (541) 552-2040. Thank you. I i i i https:Hzimbra.ashland.or.us/h/printmessage?id=71390&1 6/19/2013 4,. }y - L~, V ate. ter ` _ - , Ft , ~ lLz, , +T °T< r c p--~ r A r rt~, fir _ l t - ew-~, r r _K ~F v M 1s 4. - - 4,x`3 - ;;H -q _ •C Al t - T ' S. - 4 ' f - - w - - - { - - - ' ?2t Yip S.a - rI - E-_ - -,.Y. , _ h y \ - - , _ 1 ' J `6. C I , ~ ~',m,' ~ I e~l , , , , , , I . v ' _ . . I. I k _ Y ~,v'W. - k' - I L _ - ' ' x } h Y - .L_ - - s. - t t - r 2 r t ° K~ ^r♦- 'r e 4 a & - r~f ti a r l-m ,Y t v f, i : t 4 - C l L Y ,j'R (h- ! ' Y, r . f i ~ _ s i T w r i d4u - - "I Y ' - ' - - I g4 b { # ?s r " it, I ~ . , " I., ,il , ~ I , ~ - , ~ , 7-, , , , - ~ , , sr t _ ti , w r r i'n.<. F~'~" - at r' 11 W+ .1., - x F 7"`'T t ~i. '~3- -6;y X t a 4 t gg F _ ~ rv3 r t'x .J.r``~Lir. t~ 5^~ _ f _ a - 1 _ r r P L-Y "MIN S~ 4 S 'o. ~ 9, I ~ I . I ~~t:~. . , - ~ 7,.",~ , , IM.", ~ r - r - . V . V~ Z~ , - i I I e 2 j d- .a ~ 0 r V4 - Planning Department, 51 Winbu, , ray, Ashland, Oregon 97520 CITY F 541-488-5305 Fax: 541-552-2050 www.ashland.or,us TTY: 1-800-735-2900 -ASHLJ_ g NOTICE OF APPLICATION PLANNING ACTION: 2013-00734 SUBJECT PROPERTY: 3155 East Main St. APPLICANT: Arlo Wand OWNER: Bruce & Sandra Wand DESCRIPTION: A request for Site Review and Conditional Use permit approval to allow the construction of a 1,380 square foot shop building in the southern corner of the property located at 3155 East Main Street. The subject property is zoned Employment (E-1) and the proposed shop would initially be accessory to the existing, non-conforming residential use but would be converted to commercial workshop space in keeping with the E-1 zoning in a later phase. COMPREHENSIVE PLAN DESIGNATION: Employment; ZONING: E-1; ASSESSOR'S MAP: 39 lE 12; TAX LOT: 319 NOTICE OF COMPLETE APPLICATION: June 13, 2013 I DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: June 27, 2013 \ 013- 00734 [=PA~#2 MAIN ST. - SUBJECT PROPERTY Approximate location of \ proposed shop building ~ 012.626 60 Feet F yr. iy tines .+.~,~or rare. ce only, net xa<cabte i 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. Wcomm-dev\planning\Planning Actions\Noticing PolderWailed Notices K Signs\2013\PA-2013-00734.docx SITE DESIGN AND USE STANDARDS 18.72.070 Criteria for Approval The following criteria shall be used to approve or deny an application: A. All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. D. 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. All improvements in the street right-of-way shall comply with the Street Standards in Chapter 18.88, Performance Standards Options. 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. I i i i, GAcomm-dev\planning\Planning Aclions\Noticing Folder\Mailed Notices A Signs\2013\PA-2013-00734.docx AFFIDAVIT OF MAILING STATE OF OREGON ) County of Jackson ) The undersigned being first duly sworn states that: 1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. j i 2. On June 13, 20131 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to r each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for Planning Action #2013-00734, 3155 East Main. Signatur4of Employee I 1 E I I I I I G I Gkomm-devlplanninglForms & HandoutslAffidavit of Mailing-Planning Action Notice.doc i I i PA-2013-00734 391E12 342 PA-2013-00734 391EI IDD 900 PA-2013-00734 391E12 301 LONGIOTTI CORDINO ASHLAND HILLS HOTEL LLC DE BOER ALAN 3161 E MAIN ST 951 EMIGRANT CREEK RD P O BOX 249 ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2013-00734 391E1 IDD 400 PA-2013-00734 391E12 303 PA-2013-00734 391E12 340 JOHNSON BETSY D TRUSTEE ET AL JOHNSON-SCHLESS KRISTA PAPEN FRANK CONRAD TRUSTEE 1348 PROSPECT ST 1348 PROSPECT ST 267 MEADE ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2013-00734 391E12 339 PA-2013-00734 391E12 320 'PA-2013-00734 391E12 319 SCHLESS ELY SECURE STORAGE OF ASHLAND LLC WAND BRUCE 1348 PROSPECT ST 65895 W HIGHWAY 20 700 OAK ST ASHLAND, OR 97520 BEND, OR 97701 ASHLAND, OR 97520 PA-2013-00734 ARLO WAND 3155 EAST MAIN ASHLAND, OR 97520 i I I 2, C7 rn r,i d {al (r~~! 1-° t,*1 rn nl # vim( ~dj r~]~ t'i I'e. d rat ~7 IVI ` rF'I " t~+} cad P1, ! M~ N,. c I~_ d 4~ kn Lo oll {YS L1 , 5 h y_ lwl ~ " C3 y ~ cn r~ u`h ''~C_l C] ~1 15 r~ p C~'n7 _ I, ffi Cy r~ 's § tSi ci '.^I ~ 44 Lam.] Ca ~ d ' G~ s La C7 ' 3 C] f , I w 1 ra ItJ Es.. to N l ri NJ n NI Ca C_] 1' 1 r 4 ly f d Yd' in C4 h} d 'I' C7 C_j r§ r i 91 i Owner: Bruce Wand Property: 3155 East in Street, Ashland Narrative to application This property is approximately 1.72 acres E-1 zoning with a single family home and an outbuilding currently on it. the proposed project is to construct a 30ftx46ft steel arch building on a monolithic concrete slab, making a total of 1330 sq/ft of new building. This building will be used as personal storage/shop space, but will be built in accordance with future plans for converting into commercial work shop space. I have spoken with Dave Tygerson about the placement of building and have gotten his approval to run commercial service from corner power pole when applicable. For the time being I will be installing a 40 amp sub panel from the house to the proposed storage/shop building. All electrical work from house to sub panel will meet any and all codes for the City of Ashland. I will also be outlining a driveway and parking to meet any and all requirements for commercial building use in the future. For now there will be a dirt driveway 6' wide to a dirt parking lot 37'x40' in front of the propose building. The site in which the building will be place has no view to or from East in street, since my property is on a flag lot and that my neighbor has planted a row of hedge along his property line, which are about 15 feet tall at this time. My property is already landscaped, but I will be landscaping even more around the proposed building upon completion. Approval Criteria: A. This proposed building is being constructed as a personal use building, but is being constructed in a way to meet any and all Commercial use criterias in the future. B. We are showing that even though there will be a dirt driveway leading to a dirt parking lot, we will be able to pave the required 15' wide drive and have the required paved 5 parking spots required for a commercial building. There is also a water easement from East in street through Mr Papen's property, if water is required as well. there is a water drain easement on my property that is used by my neighbors, if needed I will using it to drain any and all water from my building. C. The proposed building is a prefabricated metal arched building, which is bolted together therefore can be removed from property relatively easy in case of any future development needs that will not conform to the location of this shop building. 1. This building going to be similar in size and material as others in this neighborhood 2. Since the building will be for personal use, there will be no increase in traffic of any kind 3.the buildings around my property are of metal construct and most are bigger in height and width, therefore I do not see it standing out of place. 4. there will be no air quality concerns created from this building 5. this building is surrounded by welding shops, I feel that any noise, light or glare will minimal if non-existent. 6. this project will not have any effect of future development I think because ti~a I©~;__~tic~nr-l said property and that it can be removed in under a week, just leaving 30'x46' rnuriolithi( concrete slab. 7. No part of this project will be using or effecting any of the floodplain , driveway/building Since my project is for personal use, but will be compatible with any and all commercial requirements in the future, I feel requirements have been or will be met. 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Y ` r, '_t r - - c re N 'W l RXAI~ 1. ,,1' 1 J-y l - , , I I ' , ~ r ~ ~ : ~ \p 1 n J c 5 r L5 } r~ e 11 O 1 ~ : r r i nY r .ds'' r - `a x: - - y I'll r•` a O ~ N ~ 1 4Sb t f i c- M .Ly Yl % L rr mfr T - - - ro- O ZONING PERMIT APPLICATION Planning Division ~~51 Winburn Way, Ashland OR 97520 ° ~ C I SHLAND 0 F F 541-488-5305 Fax 541-488-6006 FILE # K-)1 DESCRIPTION OF PROJECT Al 6, t DESCRIPTION OF PROPERTY RR Pursuing LEEDO Certification? ® YES NO Street Address ! t t l Assessor's Map No. 391E l Tax Lot(s) Zoning E Comp Plan Designation APPLICANT Name ( 1_ Phone t I I E-Mail ' ~ Q - T) Address ) City 1 4_ . Zip PROPERTY OWNER tt Name Qt) Phone E-Mail ~rt' ~.'°GJ 1 _ r` ti Address A - city ~ t Zip l I SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER Title Name Phone E-Mail Address City Zip j i 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. /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 thelr location found to be incorrect, the owner assumes full responsibility. l 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 furnlshedJustifres 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 " r ult most likely in not only the re nest being set aside, but also possibly in my structures being built in reliance thereon being required to be removed at m e e. if l have a ou s t arPi advi ed to seek competent professional advice and assistance. F -2-9 -ffi Applicant's Signature Date As owner of the property involved in this request, l ha ve read and understood the complete application and its consequences to me as a property owner a wner's Signature (required) Date [To be completed by City Staft] Date Received Zoning Permit Type Filing Fee $ OVER O® GAcomm-devXplanningWoms $ HandoutsVoning Permit Applicalion.doc Job Address: 3155 E MAIN ST Contractor: ASHLAND OR 97520 Address: C P Owner's Name: WAND BRUCE DAVID/SANDRA M ® Phone: P Customer 06153 N State Lic No: L WAND BRUCE DAVID/SANDRA M T City Lic No: L Applicant: 700 OAK ST R Address: ASHLAND OR 97520 A C C Sub-Contractor: A. Phone: T Address: N Applied: 05/30/2013 T Issued: R Expires: 11/26/2013 Phone: State Lic No: Maplot: 391 E12319 City Lic No: DESCRIPTION: CUP for expansion on non conforming use VALUATION Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description C Total for Valuation: MECHANICAL f ki I I ELECTRICAL STRUCTURAL PERMIT FEE DETAIL Fee Description Amount Fee Description Amount Conditional Use Permit Type 1 982.00 CONDITIONS OF APPROVAL j COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 East Main St. Fax: 541-488-5311 Ashland, OR 97520 TTY: 800-735-2900 wwmashland.or.us Inspection Request Line: 541-552-2080 CITY ASHLAND