HomeMy WebLinkAboutNMain_131_PA-2013-01701
CITY F
December 18, 2013
Notice of Final Decision
On December 18, 2013, the Community Development Director approved the request for the following:
Planning Action: PA-2013-01701
Subject Property: 131 North Main St.
Applicant: John and Margret Scarborough
Description: A request for a Conditional Use Permit approval to utilize an existing detached
carriage house as a one-unit Travelers Accommodation, with the owner residing on-site in the main
residence, and a Variance for an alternate parking configuration, for the property located at 131 North
Main Street.
The Community Development Director's decision becomes final and is effective on the 13'b 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 Michael Piiia in the Community
Development Department at (541) 488-5305.
cc: Parties of record and property owners within 200 ft
a
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 5414188-5305
51 Winbam Way Fax: 541-552-2050 [ V
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
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 13a' 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 asset 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
parry 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 12'h 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 neat 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 f
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us "
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: PA-2013-01701
SUBJECT PROPERTY: 131 North Main
APPLICANT: John and Margret Scarborough
DESCRIPTION: A request. for a Conditional Use Permit approval to utilize an
existing detached carriage house as a one-unit Travelers Accommodation, with the owner
residing on-site in the main residence, and a Variance for an alternate parking configuration, for
the property located at 131 North Main Street.
COMPREHENSIVE PLAN DESIGNATION: Low-Density Multi-Family; ZONING: R-2;
ASSESSOR'S MAP: 39 1E 109BB TAX LOTS: 3800
SUBMITTAL DATE: November 4, 2012
DEEMED COMPLETE .DATE: November 20, 2013
STAFF APPROVAL DATE: December 18, 2013
APPEAL DEADLINE: December 30, 2013 j
FINAL DECISION DATE: December 31, 2013
APPROVAL EXPIRATION DATE: December 31, 2014
DECISION
The subject property is located west of North Main Street, between Bush and Church Streets, and
east of High Street. The parcel and adjacent properties to the south, west, and north are zoned R-
2, Low-Density Multi-Family, while the uses across North Main street to the east are zoned C-1,
Commercial. The 19,898 square foot parcel is relatively flat, with the exception of the front
(west) portion of the property, which falls approximately 20 feet to street level of North Main
Street, which was lowered in the early 1900s. The property is served by an approximate 185-foot
driveway easement accessed off High Street. The site is significantly landscaped; including a
11.5 inch DBH European Weeping Birch tree that stands at the terminus of the driveway and
parking court. The 40-foot tall tree has a canopy of approximately 25 feet tall,. and is estimated to
be 15-20 years old.
The primary structure on-site is known as the Isaac Woolen House, circa 1881, and is considered
a Historic Contributing resource within the Skidmore Academy Historic District, and is,
individually on the National Register of Historic Places. Survey documents notes that the Isaac f
Woolen House remains one of Ashland's most visible and historically significant residences. The
detached carriage house, which was originally built as a three-car garage in the 1980, currently
contains a two car garage and small shop space on the bottom floor, and a 887 square foot guest
unit on the second floor.
The request is for a two Travelers Accommodation, with guests utilizing the existing
carriage house, and the owner residing on-site in the primary dwelling. The applicant has met all
requirements for a Travelers Accommodation in accordance with Ashland Municipal Code
-(AMC) 18.24.30.K, with the exception of meeting the dimensional standards for off-street
parking as- detailed further below. The applicant has not proposed signage in conjunction with
the proposed use, with the exception of an address marker on High Street.
PA-2013-01701
131 North Main/MP
Page I
In terms of parking, AMC 18.92 states the primary dwelling is required to provide two off-street
parking spaces, with the Travelers Accommodation use requiring an additional space. Driveways
longer than 50 feet in length, are considered Flag Drives (AMC 18.08.195), and therefore subject
to all development requirements, including providing a third parking space situated in a manner
as to eliminate the necessity for backing -out (AMC 18.76.080.13). This brings the total parking
demand for the property to four parking spaces.
Currently the applicant provides two spaces within the garage, and a compact space (8 x 16)
south of the garage. For the fourth required space, the applicant has proposed locating this within
the parking court, in front of the garage and parallel to the retaining wall. This alternative
parking configuration does not meet the City's dimensional. standards in accordance with AMC
18.92.080.13, but does demonstrate adequate maneuvering space in order for the vehicle to exit in
a forward manner.
Although the property fronts onto North Main Street, the 20-foot elevation drop in addition to no
on-street parking, necessitates that primary access to the home is through the 185 foot long
driveway easement located at the rear of the property off High Street. This long easement is
considered a flag drive, and cannot claim on-street parking credit, as the property does not have
frontage on the street. At the end of this driveway, is a 1,103.75 square foot [41.92 x 26.33]
parking court, which is bounded by the garage to the north, a 2.25-foot retaining wall and
aforementioned birch tree to the east, and the adjoining property boundary to the south.
With the addition of the second story living space above the garage, a load-bearing wall was
relocated within the third parking bay of the garage, supporting the upstairs living space, thus
leaving only a six-foot, eight-inch wide space currently utilized as shop/storage area. This area
cannot be reestablished as additional parking area, as it would require a significant structural
modification to the existing structure.
As mentioned to the east, a healthy Weeping Birch tree stands at the terminus of the driveway
and parking court. The arborist report, prepared by Christopher John of Canopy LLC, notes that
the tree is well suited for the site, and receives plenty of sunshine and regular watering, and has
ample room to grow in a nutrient rich, non-compacted area. The report continues to say that
installing a parking space and retaining wall within feet of the trunk, would have detrimental
impact to the tree, and would result in a loss of approximately 25-35 percent of the trees root
system, and subsequently decline rapidly within a few years.
Staff believes that the cumulative issues presented in the application presents a unique and
unusual circumstance in that with no, available on street parking credits, and the historic
development pattern of the property, that options are limited that preserves the integrity of
historic property, as the established parking court cannot be reconfigured. Moreover, that the pre-
existing placement of the carriage house structure does not present a self-imposed hardship, and
by preserving a healthy Birch tree, the benefits outweigh the negatives.
The Historic Commission at their December 4, 2013 meeting had no recommendations regarding
the application, and therefore approved the application as submitted. No exterior modifications
are proposed; therefore, the proposed use will °srchitecturally compatible with the surrounding
neighborhood. Adequate capacity for water, sanitary sewer, storm drain and electric facilities are
already in place. North Main Street is an Arterial, and is improved with sidewalks, curbs, and
PA-2013-01701
131 North Maui/MP
Page 2
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gutters. A fire suppression system is installed, and established landscaping and irrigation are in
place and are in good condition.
In summary, the operation of a Traveler's Accommodation, given the predominant location of
the property, will not have an adverse impact on the neighborhood. The number of vehicle trips
per day will match those of a single-family residence, and will likely result in more pedestrian
activity. Additionally, with no site modifications proposed, the change in use will have little
effect on the existing development pattern in establish historic neighborhood. Staff finds that the
request for a two-unit Traveler's Accommodation meets the 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' 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, 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 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
PA-2013-01701
131 North MaWNIP
Page 3
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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-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 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.
Approval criteria for a Variance (18.100.020)
The owner or his agent may make application with the Staff Advisor. Such application shall be
accompanied by a legal description of the property and plans and elevations necessary to show the
proposed development. Also to be included with such application shall be a statement and evidence
showing that all of the following circumstances exist:
A. That there are unique or unusual circumstances which apply to this site which do not typically apply
. elsewhere.
8. That the proposal's benefits will be greater than any negative impacts on the development of the
adjacent uses; and will further the purpose and intent of this ordinance and the Comprehensive Plan
of the City. (ORD2425, 1987).
C. That the circumstances or conditions have not been willfully or purposely self-imposed. (ORD 2775,
1996)
C
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 2013-01701 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 2013-01701 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 one guest unit and one owner's unit only; and that any
future expansion of the establishment, 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 the business owner shall obtain a City of Ashland business license prior to operation
of the travelers' accommodation.
4) That 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.
PA-2013-01701
131 North Main/MP
Page 4
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5) That the primary dwelling must be the primary residence (AMC 18.08.605) of the
business owner.
6) That any future expansion of the use in which requires additional parking demand be
ubject to the Site Review permit process and requirements thereof.
hdli moln(hr Date
Commy Development Director
PA-2013-01701
131 North Main/MP
Page 5
AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Jackson )
The undersigned being first duly sworn states that:
1. I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On December 18, 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 #2013-1701, 131 North Main Street.
Signature of Employee
i
G:lComm-de,AplanninglTemplates\TEMPLATE_Affidawt of Mailing-Planning Action No6ce.dot 12/1812013
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PA-2013-01701 391E09BB 700 PA-2013-01701 391E09BB 3901 PA-2013-01701 391E09BB 4300
BARD'S INN LIMITED PTNSHIP BARHAM GAIL P TRUSTEE FBO BISCHOF PHYLLIS B TRUSTEE
1120 PROSPECT ST 117 N MAIN 468 MICHIGAN AVE
ASHLAND OR 97520 ASHLAND OR 97520 BERKELEY CA 94707
PA-2013-01701 391E09BB 4500 PA-2013-01701 391E09BB 3300 PA-2013-01701 391E09BB 4000
CAPP BRUCE TRUSTEE ET AL DEAN MICHAEL C/MARCELLA FRANKLAND WINIFRED P
115 MAIN ST N PO BOX 4704 122 HIGH ST
ASHLAND OR 97520 HOUSTON TX 77210 ASHLAND OR 97520
PA-2013-01701 391E09BB 3900
PA-2013-01701 391E04CC 8000 PA-2013-01701 391E04CC 7900 '
FRIEDMAN JOSEPH D LACHMUND ROBERT H JR LOUIE JEN LYNN TRUSTEE
935 OAK ST TRSTEE 142 N MAIN ST
ASHLAND OR 97520 125 N MAIN ST ASHLAND OR 97520
ASHLAND OR 97520
PA-2013-01701 39IE09BB 3502
PA-2013-01701 391E08AA 7600 , PA-2013-01701 391E09BB 3700
MACDONELL SUE PARKER JORDAN S TRUSTEE ET PETERS GEORGIANA
150 HIGH ST AL 134 HIGH ST
ASHLAND OR 97520 137 N MAIN ST ASHLAND OR 97520
ASHLAND OR 97520
PA-2013-01701 391E08AA 7700 PA-2013-01701 391E09BB 3800 PA-2013-01701 391E09BB 3503
ROCKEL TOM - TRUSTEE SCARBOROUGH JOHN WARD TR SINGMASTER EDWIN H JR
70 BUSH ST 131 N MAIN ST 301 E VALLEYVIEW RD
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2013-01701 391E09BB 3501 PA-2013-01701 391E09BB 4200 PA-2013-01701 391E09BB 1200
SKAFF-WINGER LORRINE TRSTEE SPANGLER SCOTT ET AL WARREN FAMILY LTD
140 HIGH ST 1 116 HIGH ST PARTNERSP
ASHLAND OR 97520 ASHLAND OR 97520 132 N MAIN ST
ASHLAND OR 97520
PA-2013-01701 391E09BB 3400 PA-2013-01701 PA-2013-01701
WHALLEY RUBY F TerraSurvey Inc. Regenesis Ecological Design
58 BUSH ST 274 Fourth St 257 W Nevada St
ASHLAND OR 97520 Ashland OR 97520 Ashland OR 97520
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1-1-49=2013
131 N Main St
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ASHLAND HISTORIC COMMISSION
Meeting Minutes
December 4, 2013
Community Development/Engineering Services Building - 51 Winburn Way - Siskiyou Room
Call To Order- Regular Meeting, 6:05 pm Chairman Skibby
Historic Commissioners Present: Dale Shostrom, Keith Swink, Sam Whitford, Tom Giordano, Terry Skibby, Ally
Phelps, Victoria Law
Commission Members Absent: Allison Renwick; Kerry Kencairn
Council Liaison: Greg Lemhouse absent
High School Liaison: None Appointed
SOU Liaison: None Appointed
Staff Present: Staff Liaison: Amy Gunter, Clerk: Billie Boswell
APPROVAL OF MINUTES: Mr. Shostrom made a motion to approve the minutes of the November 6, 2013
meeting, Ms. Phelps seconded the motion. The minutes were approved unanimously by the remaining
Commissioners.
PUBLIC FORUM: Melissa Syken of 260 N First St, spoke about the Planning Action regarding 270 N First Street
that was presented at the November meeting and voiced concerns about the decision based on the criteria used by
the Historic Commissioners. She did not feel they did a good job of protecting the single family neighborhood.
Steve Barnard, a 258 A St business owner stated he had rented the house at 270,N First St. He felt the proposed
design didn't fit the historic district and could devalue the homes in that area.
There being no one else wishing to speak, the Public Forum was closed.
COUNCIL LIAISON REPORT: None
PUBLIC HEARING:
PA2013-01701
131 N. Main Street
Scarborough
Chairman Skibby confirmed there was no exparte contact or conflict of interest.
Ms. Gunter explained that the owners have an existing garage with living quarters above. They would now like to
convert it to a Traveler's Accommodation with access off the back private drive. There is no access off N Main St. In
order to meet the parking requirement, a variance is needed to allow one of the four parking spaces to be less than
the 22-foot requirement.
John and Margaret Scarborough, the property owners, identified the house as one of the "Three Sisters", a period
Victorian home listed on the National Historic Register. They said that people are very interested in their house and it
makes sense to convert the space above the garage to a Travelers Accommodation. Chairman Skibby asked if there
would be 2 driveways. The Scarboroughs explained that there is a 12 foot easement off Bush Street and even
though the 4th parking space would be slightly shorter than required, parking there would still allow only one backup
and turn to exit.
There being no further questions of the applicant and no one in the audience wishing to speak, the Public Hearing
was closed.
Mr. Shostrom moved to recommend approval. Mr. Whitford seconded the motion and it passed unanimously.
DISCUSSION ITEMS:
A. Historic Markers Grant - Ms. Gunter said that Oregon Commission Foundation denied the grant. She will
send another grant application to Oregon Heritage Commission by December 161h.
B. Council Goal - Preserving Historical Structures. Ms. Gunter suggested the Commission begin working on
an ordinance to allow Historic Commission oversight of external items such as siding, trim, windows,
roofing, etc, that affect historic integrity. There was also a discussion of transitional zones added to the
Historic Guidelines.
C. Meeting Process and Procedures - Ms. Gunter reviewed with the Commissioners the rules they should
adhere to during public hearings and regular meetings such as following Roberts Rules of Order,
understanding that Commissioners are citizens first and may step out of their role as Commissioner to
participate as a citizen. It was suggested that if your residence falls within the public notice area, that you
declare that fact and whether you will participate as a citizen or as an unbiased Commissioner.
D. There was agreement to send a letter to the City Council requesting funds from the Transit Occupancy
Tax to use for the Historical Markers program in either the Downtown or Railroad districts.
NEW BUSINESS:
A. Review Board Schedule
December 5th Keith, Kerry, Victoria
December 12th Tom, Allison
December 191h Sam, Kerry
December 26th Terry, Dale
January 2nd Terry, Keith, Ally
January 9th Keith, Ally, Victoria
B. Project Assignments for Planning Actions:
BD-2011-01029 400 Allison Robin Biermann New SFR under construction Whitford/Renwick
BD-2011-00621 89 Oak St Amorotico New fa ade on building under construction Shostrom
BD-2013-00256 175 Lithia W First Place Partners 3-story mixed use building (under constr Giordano
BD-2013-00378 245 Van Ness Nate Witembur & Brint Bor ilt Addition under constr Kencairn
BD-2013-00718 5 B Street (Spartan Properties) New Comm Bldg under construction Phel s
BD-2013-00796 15 N First Amuse Walk in Cooler under construction
BD-2013-01363 370 E Main Staunton Front Fa ade under construction Shostrom
PreA 19 Gresham / 374 Har aline No Submittal et Swink
PA-2013-01388 14 Calle Guanajuato Sandlers Restaurant Renwick
PA-2013-01421 270 N First St Nisha Jackson New SFR Renwick
COMMISSION ITEMS NOT ON THE AGENDA:
ANNOUNCEMENTS & INFORMATIONAL ITEMS
Next meeting is scheduled for January 8, 2013, 6:00 pm.
There being no other items to discuss, the meeting adjourned at 7:30 pm.
Respectfully submitted by Billie Boswell.
CITY O_
Planning Department, 51 W4 .Nay, Ashland, Oregon 97520
541-488-5305 Fax: 541-552-2050 www,ashland,or,us TTY: 1-800-735-2900 -ASHU
l
NOTICE OF APPLICATION
PLANNING ACTION: PA-2013-01701
SUBJECT PROPERTY: 131 N. Main
APPLICANT: Scarborough
DESCRIPTION: A request for a Conditional Use Permit approval to utilize an existing detached carriage
house as a one-unit Travelers Accommodation, with the owner residing on-site in the main residence, and a Variance
for an alternate parking configuration, for the property located at 131 North Main Street.
COMPREHENSIVE PLAN DESIGNATION: Low-Density Multi-Family; ZONING: R-2;
ASSESSOR'S MAP: 39 lE 109BB TAX LOTS: 3800
NOTE: The Ashland Historic Commission will also review this Planning Action on Wednesday, December 4, 2013 at 6:00 PM in
the Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way
NOTICE OF COMPLETE APPLICATION: November 20, 2013
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: December 2, 2013
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The Ashland Planning Division Staff has received a complete application for the property noted above.
Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn
Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above.
Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. upon determination of completeness, a
notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the
comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the
application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning
Division Staff's decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC
18.108.040)
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this
application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of
appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your
right of appeal to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with
sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court.
A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be
provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services
Building, 51 Winburn Way, Ashland, Oregon 97520.
If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305.
r i- 6dot
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
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 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 coverages 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 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,
VARIANCE
18.100,020 Application
The owner or his agent may make application with the Staff Advisor. Such application shall be accompanied by a legal description of the property and plans and elevations
necessary to show the proposed development. Also to be included with such application shall be a statement and evidence showing that all of the following circumstances
exist:
A. That there are unique or unusual circumstances which apply to this site which do not typically apply elsewhere.
B. That the proposal's benefits will be greater than any negative impacts on the development of the adjacent uses; and will further the purpose and intent of this ordinance
and the Comprehensive Plan of the City.
(ORD 2425, 1987).
C. That the circumstances or conditions have not been willfully or purposely self-imposed,
(ORD 2775, 1996)
G:\comm-dev\planning\Templates\TEMPLATE Notice of Completeness.dot
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 November 19, 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 #PA, 131 North Main St..
13
Signature of Employee
G:Icomm-devlplanning\TemplateslTEMPLATE_Affidavit of Mailing-Planning Action Notice.dot 11/19/2013
f
PA-2013-01701 391E09BB 700 PA-2013-01701 391E09BB 3901 PA-2013-01701 391E09BB 4300
BARD'S INN LIMITED PTNSHIP BARHAM GAIL P TRUSTEE FBO BISCHOF PHYLLIS B TRUSTEE
1120 PROSPECT ST 117 N MAIN 468 MICHIGAN AVE
ASHLAND OR 97520 ASHLAND OR 97520 BERKELEY CA 94707
PA-2013-01701 391E09BB 4500 PA-2013-01701 391E09BB 3300 PA-2013-01701 391E09BB 4000
CAPP BRUCE TRUSTEE ET AL DEAN MICHAEL C/MARCELLA FRANKL,AND WINIFRED P
115 MAIN ST N PO BOX 4704 122 HIGH ST
ASHLAND OR 97520 HOUSTON TX 77210 ASHLAND OR 97520
PA-2013-01701 391E04CC 8000 PA-2013-01701 391E09BB 3900 PA-2013-01701 391E04CC 7900
FRIEDMAN JOSEPH D LACHMUND ROBERT H JR. LOUIE JEN LYNN TRUSTEE
935 OAK ST TRSTEE 142 N MAIN ST
ASHLAND OR 97520 125 N MAIN ST ASHLAND OR 97520
ASHLAND OR 97520
PA-2013-01701 391E09BB 3502
PA-2013-01701 391E08AA 7600 PA-2013-01701 391E09BB 3700
MACDONELL SUE PARKER JORDAN S TRUSTEE ET PETERS GEORGIANA
150 HIGH ST AL 134 HIGH ST
ASHLAND OR 97520 137 N MAIN ST ASHLAND OR 97520
ASHLAND OR 97520
PA-2013-01701 391E08AA 7700 PA-2013-01701 391E09BB 3800 PA-2013-01701 391E09BB 3503
ROCKEL TOM - TRUSTEE SCARBOROUGH JOHN WARD TR SINGMASTER EDWIN H JR
70 BUSH ST 131 N MAIN ST 301 E VALLEYVIEW RD
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2013-01701 391E09BB 3501 PA-2013-01701 391E09BB 4200 PA-2013-01701 39IE09BB 1200
SKAFF-WINGER LORRINE TRSTEE SPANGLER SCOTT ET AL WARREN FAMILY LTD
140 HIGH ST 1 116 HIGH ST PARTNERSP
ASHLAND OR 97520 ASHLAND OR 97520 132 N MAIN ST
ASHLAND OR 97520
PA-2013-01701 391E09BB 3400 PA-2013-01701 PA-2013-01701
WHALLEY RUBY F TerraSurvey Inc. Regenesis Ecological Design
58 BUSH ST 274 Fourth St 257 W Nevada St
ASHLAND OR 97520 Ashland OR 97520 Ashland OR 97520
21
11-19-2013
131 N Main St
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Margaret & John Scarborough
131 N. Main Street
Ashland, Oregon 97520
(541) 482-8028
Application for Conditional Use Permit to Operate a Travelers Accommodation and
Request for a Variance to Reduce the Amount of Back-Up Space Required in AMC
18.92.080.11.3 for the Fourth Parking Space
Date: November 5, 2013
Owners: Margaret and John Scarborough
Project Location: 131 North Main Street, Ashland, OR 97520
Northeasterly half of Lot 2, Block 26 of the City of Ashland, Jackson County, Oregon
Introduction
We are seeking a Conditional Use Permit to operate a Travelers' Accommodation in a
carriage house on the second floor of the garage structure behind our home. The carriage
house has been unoccupied, except by fi-iends and family during occasional visits.
We seek a variance to reduce the amount of backup space specified in AMC
18.92.080.13,3 for the fourth parking space required for the Travelers' Accommodation.
Our request is supported by design and layout drawings prepared by Regenesis
Ecological Design of the current driveway/parking area, as required by AMC sections
18.24.080; 18.72.060 and 18.140.040. The drawings are attached at 1,001- L006.
The main house, known as the Isaac Woolen House on the State and National Historic
Registers, was built in 1876. It is the middle Victorian in the row known as the "Three
Sisters," and it is one of the most publicly visible, historic, residential features of
downtown Ashland. It is within two blocks walking distance of the Plaza, the OSF
theatres, and Lithia Park. We expect the combination of the inherent beauty of the
property, its historic nature, and its location close to town will make this a highly
desirable accommodation for visitors. If the carriage house were to be used as a
Travelers' Accommodation, the added income would be used to maintain and improve
our historic home and surrounding gardens, benefiting the tourism economy of the City
of Ashland.
1
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v
As discussed below, we meet all of the requirements for a Conditional Use Permit for a
Travelers' Accommodation except for the parking requirement in AMC 18.24.030.
According to staff, four spaces are required because we are treated as a flag lot. One of
our four spaces does not have the required 22 feet of backup space required by AMC
18.92,080.B. Accordingly, we are seeking a variance from the backup requirement for
the fourth space.
We have examined every option available to us: we had the property surveyed; we
engaged a landscape contractor and an arborist; we consulted with our immediate
neighbors. We could identify no reasonable means for complying with the requirement
for 22 feet of back up space for our fourth parking space other than seeking a variance.
The proposed design (please see drawings L002 and L006) shows the fourth space
parallel to the three existing. spaces, outside of the garage and facing the entry door to the
garage. As shown on the drawings, we are planning to expand the size of the driveway
pad by approximately 18" thus increasing the maneuvering and turn around space in the
driveway to a width of 26'-4" and a length of 41'-11". This expansion will afford the
fourth space shown on the drawing 9'-3" of direct back-up space, and a direct trajectory
via a semi-circular path down the driveway and onto High Street. This configuration
will not necessitate moving any vehicles to exit.
Because of the elevation from the street to the house on North Main and lack of parking,
virtually everyone accesses the property from High Street, up the easement driveway,
into a turnaround area in front of the garage. From there, one walks up three steps (a 2' -
3" elevation with a retaining wall separating the driveway turnaround from the backyard
garden), through a back gate into a landscaped rectangular backyard. One of the beautiful
features of the backyard is a tall, healthy birch tree in the southwest corner that shades a
sitting area. (See photograph of entry garden, attached.)
As an alternative to applying for a variance, our contractor, Regenesis, suggested that we
could remove the existing retaining wall separating the driveway/turnaround from the
entry garden, and excavate a 12 foot parking space into the entry garden, surrounded by
two new retaining walls. Besides presenting an exiting problem that would require a
multiple-point, 180 degree turn-around for the fourth car, the resulting parking space
would disrupt the existing configuration of the gardens in relation to the house and
garage/carriage house. It would create an unsightly rectangular recess in the entry
garden. Such a parking recess would extend to our neighbor's property line, requiring
removal of part of the boxwood hedge we jointly installed earlier this year. This would
impact our neighbor's landscape design as well as ours. Also, we have confirmed that
Regenesis' suggestion would require removal of the large birch tree on our property,
which would negatively impact both us and our immediate neighbor in a number of
significant ways. (See attached opinion of Christopher John, ISA Certified Abborist with
Canopy LLC. )
For the last 12 years, we have owned only one car. We own bicycles and prefer walking
and using our bicycles to cars whenever possible, which is one of the reasons we
V 5 r_
2
purchased this property in Ashland, within walking distance of town. Moreover, the
proximity of our property to downtown means that many of our guests will have no need
of a car, which is one of the reasons they will choose to stay with us.
Request for Variance
Relevant Code Sections
Parking Area Design.
18.92.080. B. Required parking areas shall be designed in accordance with the following
standards and dimensions:
3. Parking Spaces shall have a back-up maneuvering space no less than twenty-two (22)
feet, except where parking is angled, and which does not necessitate moving of other
vehicles.
Ashland Municipal Code - Variances
18.100.020 Application
The owner or his agent may make application with the StaffAdvisor. Such application
shall be accompanied by a legal description of the property and plans and elevations
necessary to show the proposed development. Also to be included with such application
shall be a statement and evidence showing that all of the following circumstances exist:
A, That there are unique or unusual circumstances which apply to the site which do not
typically apply elsewhere.
B. That the proposal's benefits will be greater than any negative impacts on the
development of the adjacent uses; and will further the purpose and intent of this
ordinance and the Comprehensive Plan of the City. (Ord. 2425 SI, 1987).
C. That the circumstances or conditions have not been willfully or purposely self-
imposed. (Ord.. 2775, 1996).
Following are the facts and circumstances that support our request for a variance.
1. Unique and unusual circumstances apply to the site:
a) The entry garden is crowned by a beautiful, stately birch tree that has been on the
site for decades. The only alternative to the variance would require removal of
this tree. (See attached opinion of Christopher John, ISA Certified Arborist with
Canopy LLC.)
b.)The main house at 131 N. Main Street and its neighbors are unique historic
properties in Ashland. Such properties directly contribute to the beauty and
uniqueness of the town and its appeal to tourists. Decisions regarding parking on
the property should be made carefully with an eye to preserving the beauty and
historic placement of buildings, trees and landscape on the site.
c.) Because we are treated as a flag lot, we are required to have four parking spaces
not three as is usually the case for Travelers' Accommodations. Because we do
not own the driveway, and instead, have an easement to High Street, our lot is not
immediately adjacent to High Street. Therefore we are ineligible for an on-street
parking credit. Because of the parking restrictions on North Main Street, likewise
3
an on-street parking credit there is not available to us there These are unique
circumstances and present us with the "worst of both worlds" - an added parking
space required because of treatment of our easement as a flag lot, but without any
on-street parking credit.
d) Additionally, because of the lack of parking, and 20-foot elevation of the front of
the property from North Main Street created in 1900 when the street was lowered,
for all practical purposes, the area in front of the garage including the parking area
and entry gardens beyond, is the practical entrance to the property, and is visually
prominent to anyone who enters.. This fact supports limiting the amount of
impervious surface devoted to parked vehicles and maintaining the entry garden
as a garden and not as a parking lot.
e) The garage location is pre-existing, from the 1980's, before we purchased the
property in 1998. The historic footprint of the house dates back to 1876. There
are limited options available for expansion of the parking area to include a fourth
space given the historical and pre-existing location of the house and garage on the
site, the elevation differences on the site, and the existing trees and landscaping.
As shown in Drawing L002, we are going to expand the driveway/turnaround area
as much as possible (18") to the southerly property line. The area above the
driveway is bounded by a 2'-3" retaining wall with three steps up into the entry
garden. We are hemmed in. The proposed design is the only option reasonably
available to us.
f) The garage space cannot accommodate a third vehicle because there is a bearing
wall supporting the upstairs accommodation that allows only a 6'-8" wide space
immediately behind the door to the garage. (See L002.) This space could
accommodate a number of bicycles on wall racks, however. See photograph of
garage interior showing bearing wall. (We have previously suggested to planning
staff, unsuccessfully, that we might be allowed a bicycle parking credit allowed
by AMC 18.92.060(I)(2) by installing five bike racks on the garage walls in lieu
of one parking space. We currently have our two bikes in this space.)
g) The proposed expansion design of the existing driveway pad will accommodate
more maneuverable backup space for the fourth car in the unusual event that four
cars are actually parked on the site. Drawing L006 demonstrates that a car parked
in the fourth space can pull around and exit the driveway in one turn, facing
forward, without requiring any other cars to be moved. We have done this in the
real world both with our 2010 Acura RDX SUV and our neighbor's 2003 Toyota
Highlander. Because of the over 41 foot length of the pad, and despite its present
pre-expansion narrower width, both cars have been able to safely depart from the
proposed parking space without stopping and backing up.
h) It also should be noted that AMC Section 18.92.080 was amended in 2007 to
slightly rephrase the section and include, for the first time, the word
"maneuvering" in "backup maneuvering space no less than twenty-two (22) feet."
This implies that the code can be interpreted flexibly to allow a car to maneuver
while backing up to exit the driveway using a two or three point turn which
allows for additional "back up space." (As our drawing [L006] shows, in our case
a multi-point turn is not necessary for up to an intermediate SUV size car).
4
2. The proposal's benefits will be greater than any negative impacts on the
development of the adjacent uses:
a) The healthy birch tree creates a beautiful canopy that defines the entry garden.
b) Earlier this year, we split with our neighbor the considerable ($3500) cost of
removing a deer ravaged laurel hedge and replacing it with 6-foot boxwood trees
that creates an attractive buffer separating our properties. The variance would
leave the hedge intact.
c) The environmental benefits of maintaining the present landscape and avoiding
additional impervious surfaces will benefit adjacent uses and will further the
purpose and intent of the ordinance and the Comprehensive Plan of the City.
d) The coherence and beauty of the historic property and landscape will be
preserved for neighbors and tourists. The proposal's benefits will be significant
and without any negative impacts.
e) The proposed variance design is the least intrusive for all concerned.
3. The circumstances or conditions have not been willfully or purposely self-
imposed.
a) The birch tree behind the retaining wall at the entrance to the garden was
planted decades ago.
b) The footprint of the 1980's era garage, upon which the carriage house sits, was
pre-existing when we purchased the property in 1998.
c) The 20 foot drop to North Main was created in 1900, requiring vehicular access
to the property via an easement to High Street.
d) The easement used for vehicular access is decades old.
e) The grade change from the driveway to the adjacent entry garden of 2' 3" was
established long before we purchased the house.
Ashland Municipal Code Section 18.104.050 Criteria for Conditional Use Permit
A. The property is zoned in an R-2 Multi-Family Residential District (Conditional
Use considerations detailed below, under AMC 18.24.030.x), and the Skidmore
Academy Historic District. The carriage house is the second floor of a garage
structure that was originally located on the site in the 1980s. It is architecturally
compatible with the Skidmore Academy Historic District.
B. The property is currently in compliance with all required City of Ashland
facilities, including water, sewer, paved access to the property, electricity, and
storm drainage. Parking and vehicular circulation are addressed in the
attachments.
C. 1-7 The proposed Conditional Use of the property as a Travelers'
Accommodation will not adversely affect the livability of the surrounding area.
Because of the proximity to downtown, we expect visitors will not choose to
drive once they are here. The traffic will be primarily pedestrian. The proposed
Travelers' Accommodation does not pose or represent a significant departure
from the target use of the zone concerned and the Comprehensive Plan. Because
5
%
we are located in a dense, historic neighborhood in close proximity to other B&Bs
and downtown, pedestrian traffic is common and encouraged. We do not
therefore foresee any increase in vehicular traffic, noise, pollution, or a visual
detriment to the surrounding area any more than an additional family member
living on the same property within the current R-2 zoning.
Ashland Municipal Code Section 18.24.030.K Travelers' Accommodations Approval
Criteria
1. We live on site and maintain 131 N. Main Street as our primary residence. We
are wholly responsible for all operations associated with the accommodation, and
are also the owners of the business under which the Travelers' Accommodation
will operate.
2. The Parking & Access Plans depict all existing and proposed parking spaces to
satisfy AMC 18.24.030 parking requirements. There are four (4) total off street
parking spaces. There is one (1) covered parking space in the garage for the
carriage house accommodation unit and there are three (3) spaces (one inside the
garage and two outside) reserved for the owners as required for "flag lots"
according to AMC 18.72.060. The proposed parking layout is shown in detail on
sheet L002. Please refer to the attached Parking & Access Plans (Sheets L002
through L006) for parking dimensions and locations.
In order to accommodate the four (4) off street parking spaces needed to meet the
City's requirements, we made an in-depth study of the parking area. Parking
space #4 positions the parking space perpendicular to the carriage house at the
northern corner of the driveway. Please refer to attached Sheet L006 for
illustration and clarification. In order to facilitate the exit path of the fourth
vehicle, you will see in the drawings expansion of the width of the
driveway/turnaround pad by 18 inches to a width of 26'-4" which is the most can
do given the property line.
The drawings were developed by Regenesis and demonstrate the exit paths for all
four parking spaces according to vehicular circulation standards that are
referenced in Landscape Architectural Graphic Standards, page 249. The design
vehicle is a midsize sedan, with a 5'-9" width and a 15'-0" length. All paths
depicted follow a 17'-0" minimum outside front radius when moving forward,
10'-0" inside rear radius when moving in reverse, and assume a 12'-0" minimum
driveway width. Positioning parking space four (4) as such allows survival of the
existing birch tree and negates excavating into the entry garden, and construction
of two new retaining walls on the historic property.
3. We do not plan to install any public signage for the proposed Travelers'
Accommodation.
6
An updated address sign, to be located at the driveway entrance on High Street, is
indicated onthe attached "Project Location & Overview" [Sheet L001]. Also
shown is the location of a sign on North Main Street, indicating that vehicular
access to the property is via the driveway entrance on High Street.
We agree to comply with all addressing requirements outlined by Ashland Fire
and Rescue in their pre-application comments sheet.
4. a - b. We are applying for a Conditional Use Permit for one (1) Travelers'
Accommodation unit which is 887 square feet in size. This complies with the 7-
unit maximum for travelers' accommodations within 200 feet of an arterial street.
5. The primary residence was originally constructed in 1876. The proposed unit is
an adjacent unit that conforms to all setback and lot coverage compliance
standards.
6. In the event of a transfer of business ownership for a proposed travelers'
accommodation, all requirements of this section, the Conditional Use Permit
approval and conformance criteria, and any previous conformance requirements
will be adhered to. As required, the transfer of business ownership may warrant
additional approval.
7. We agree to comply with the requirement for annual inspection by the Jackson
County Health Department (Ord. 2776 S1, 1996).
8. Although the property fronts on North Main Street, access is approximately 185
feet from High Street, via our driveway easement which is located on High Street.
Additional Compliance Notes:
1. All gates and fences are identified on the attached "Parking Layout &
Configuration" [L002]
2. We agree to comply with the recommended development of an emergency plan
for visitors.
3. We have contacted all neighbors who would be affected due to the Travelers'
Accommodation changes.
Conclusion
We urge the Planning Commission to evaluate the actual impact of the requirements
being imposed and to approve the requested variance. Preserving the beauty of our
property is immensely important to us. The use of our guest quarters as a Travelers'
Accommodation will not only benefit us; it will serve the interests of the City and our
tourist economy. Our request is consistent with the public policy of Ashland as evidenced
by the road diet and the provisions of the Municipal Code emphasizing multi-modal
7,
z
transportation including bicycles, and presumably, de-emphasizing cars. We have always
shared these values.
For all of these reasons, we request approval of the Conditional Use Permit and the
variance.
Respectfully submitted,
Marga & John Scarborough
References:
1999. Traditional Neighborhood Development Street Design Guidelines: A
Recommended Practice. Washington, D.C. Institute of Transportation Engineers.
"2013 Honda Civic - Features & Specs." Edmunds. com. N.p.,n.d. Web. Oct. 2013
Burden, Dan. 1999. Street Design Guidelines for Healthy Neighborhoods. Sacramento,
CA: Center for Livable Communities: Local Government Commission.
Kulash, Walter, 2001. Residential Streets. Washington, D.C.: Urban Land Institute
Attachments:
1,001. Project Location + Overview
L002. Parking Layout + Configuration
L003. Parking Space 1 Exit Route
L004. Parking Space 2 Exit Route
L005. Parking Space 3 Exit Route
L006. Parking Space 4 Exit Route
Arborist Report, Canopy LLC, October 23, 2013'
Photograph of Entry Garden, Birch Tree and proposed Traveler's Accommodation
Photograph of Garage Interior showing Bearing Wall
Photograph of Driveway/Turnaround
Photograph of Entry Driveway from High Street
8
CANOPY Ilc The Core of Trees
www.canopyarborcare.com
(541) 631-800
ARBORIST REPORT
PROJECT LOCATION
131 N Main St
Ashland, OR 97520
PREPARED FOR
regenesis design
275 W Nevada St
Ashland, OR 97520
PREPARED BY
CANOPY LLc
157 Max Loop
Talent, OR 97540
Christopher John
ISA Certified Arborist #WE-9504A
CCB #199334
October 23, 2013
Arborist Report for
131 N Main St
Ashland, OR 97520
SCOPE OF WORK
Canopy was contacted by regenesis design regarding a project being worked on at 131 N Main St. The primary concern of regenesis
and their client, Margaret Scarborough, was that the proposed action of developing a parking area would negatively impact a valued
birch tree in the vicinity. This report was requested in order to assess the overall health of the tree and what impacts, if any, may be
expected by constructing additional parking space.
TREE PARTICULARS
The tree in question is a European weeping birch (eetula pendula). It is approximately 40 feet tall with a crown spread of 25 feet,
and a diameter measured at breast height (DBH) of 11.5 inches. It is approximately 15-25 years old and should be considered a
young tree. Birch of this genus have the potential to reach heights of 50-80 feet and 20-30 inch DBH.
SITE CONDITIONS
This tree is well-situated for the site. It receives plenty of sunshine and regular watering from the irrigated lawn and garden. Its
roots have ample room to spread both in the lawn and in the nutrient-rich and non compacted garden area which comprises
approximately 40% of the drip line's root zone. A neighboring mulberry tree (Morus rubra) is kept pruned and is not currently
competing with the relatively narrowly spreading birch.
TREE HEALTH
This tree appears to be in fine health. Foliage is of good color and annual growth is sufficiently vigorous. There are no signs of decay,
fungal, or bacteria( issues. There is no sign of harmful insect infestation, such as bronze birch borer (Arilus anxius). The structure is
sound and free of competing co-dominant stems. There is no sign of basal issues. Nothing significantly wrong with this tree was
observed.
POTENTIAL IMPACTS
The proposed action to build a parking space and the activity necessary to do so would have detrimental impacts to this tree. The
excavation and construction of a retaining wall would result in the loss of approximately 25%-35% of the tree's root system. The
wall and excavation would come to within 1 foot of the trunk of the tree. The roots that would be lost are in the aforementioned
rich garden soil. In addition to the loss of nutrient-absorbing fine root hairs, major structural roots designed to anchor the tree and
store nutrients would also be lost. Rapid decline of the tree would be probable within 1-3 years after construction. It should also be
of concern that this tree may be unable to support itself structurally after the loss of major roots and may fail completely.
RECOMMENDATIONS
If the proposed parking construction does not happen, it is recommended that the tree continue to be cared for in the manner
which has supported its health thus far, with the addition of a light pruning to remove a small amount of deadwood and light
thinning, as well as continued monitoring for pest and disease issues. If the parking area construction does proceed, due to the
high-risk of detrimental impact, it is recommended the tree be removed prior to construction.
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ZONING PERMIT APPLICATION
Planning Division
51 Winburn Way, Ashland OR 97520 FILE # J
CITY o
541-488-5305 Fax 541-488-6006
,ASHLAND AV~
DESCRIPTION OF PROJECT
DESCRIPTION OF PROPERTY Pursuing LEED® Certification? ❑ YES NO
Street Address 131 North Main Street
Assessor's Map No. 39 1E 3 91 E09 B B Tax Lot(s) 3 800
Zoning R-2 Multi-Family Residential Comp Plan Designation MFR
APPLICANT johnscar@mind.net
Name Margaret + John Scarborough Phone 541.482.8028 -E-Mail mscarborl @mind.net
Address 131 North Main Street City Ashland Zip 97520
PROPERTY OWNER johnscar@mind.net
Name Scarborough Family Trust Phone 541.482.8028 E-Mail mscarborl @mind.net
Address 131 North Main Street City Ashland Zip 97520
SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT, OTHER
Title Surveyor Name TerraSurvey, Inc. Phone 541.482.6474E-Mail terrain@bisp.net
Address 274 4th Street City Ashland Zip 97520
Title Designer Name Regenesis Ecological Design Phone 541.261.5759 E-Mail info@regenesisdesign.com
Address 257 W. Nevada Street City Ashland Zip 97520
l 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 ail property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their
location found to be incorrect the owner assumes full responsibility. 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 furnished justifies the granting of the request;
3) that the findings of fact furnished by me are adequate; and further
4) that all structures or improvements are properly located on the ground.
Failure in this regard will result most likely In not only the request being set aside, but also possibly In my structures being built In reliance thereon being required to
be re oved at my expense, If 1 have any doubts,/ am advised to seek competent professional advice and assistance.
I ant's Signature Date
As owner of the property involved in this request, / have read and understood the complete application and its consequences to me as a property
owner.
CA X7X
Pro t Owner's Signature (required) Date
[To be completed by City Staff]
c„sf `
Date Received s Zoning Permit Type Filing Fee $
i OVER ®]I,
G:\comm-dev\planning\Fonns R Handouts\Zoning Permit Application.doc
r
ZONING PERMIT SUBMITTAL REQUIREMENTS
APPLICATION FORM must be completed and signed by both applicant and property owner.
FINDINGS OF FACT - Respond to the appropriate zoning requirements in the form of factual statements or
findings of fact and supported by evidence. List the findings criteria and the evidence that supports it. Include
information necessary to address all issues detailed in the Pre-Application Comment document.
❑ 2 SETS OF SCALED PLANS no larger than 11"x17". Include site plan, building elevations, parking and landscape
details. (Optional -1 additional large set of plans, 2'x3', to use in meetings)
❑ FEE (Check, Charge or Cash)
_Q LEEDO-CERTIFICATION-(optionalJ-Applic.-nt's w~shing.to.receive priority planning action-processing.-shalt
provide the following documentation with the application demonstrating the completion of the following steps:
• Hiring and retaining a LEED® Accredited Professional as part of the project team throughout design and
construction of the project; and
• The LEED® checklist indicating the credits that will be pursued.
NOTE:
• Applications are accepted on a first come, first served basis.
• Applications will not be accepted without a complete application form signed by the applicant(s) AND property
owner(s), all required materials and full payment.
• All applications received are reviewed for completeness by staff within 30 days from application date in accordance
with ORS 227.178.
• The first fifteen COMPLETE applications submitted are processed at the next available Planning Commission
meeting. (Planning Commission meetings include the Hearings Board, which meets at 1:30 pm, or the full Planning Commission, which
meets at 7:00 pm on the second Tuesday of each month. Meetings are held at the City Council Chambers at 1175 East Main St).
• A notice of the project request will be sent to neighboring properties for their comments or concerns.
• If applicable, the application will also be reviewed by the Tree and/or Historic Commissions.
G:\comm-dWplanningTorms & HandoutsVoning Permit Application.doc !ig
1
Job Address: 131 N MAIN ST Contractor:
ASHLAND OR 97520 Address:
C
A Owner's Name: SCARBOROUGH JOHN/MARGARET N 0 Phone:
P Customer 07441 N State Lie No:
P SCARBOROUGH JOHN/MARGARET N T City Lic No:
L Applicant: 131 NORTH MAIN ST R
Address: ASHLAND OR 97520 A
C C Sub-Contractor:
A Phone: (541) 482-8028 T Address:
N Applied: 11/04/2013 0
T Issued:
R
Expires: 05/03/2014 Phone:
State Lic No:
Maplot: City Lic No:
DESCRIPTION: Paid for the CUP for the Traveler's Accommodation on permit PA-2013-01561
The Action has now become a Type II and includes a variance
VALUATION
Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description
Total for Valuation:
MECHANICAL
ELECTRICAL
STRUCTURAL
PERMIT FEE DETAIL
Fee Description Amount Fee Description Amount
Conditional Use Permit (Type2) 1,004.00
CONDITIONS OF APPROVAL
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
CITY
Inspection Request Line: 541-552-2080 -ASJUJILAND
I
I hereby certify the contents of this application to be correct to the
best of my knowledge, and furthermore, that I have read, Fee Summary Paid Amounts
understood and agreed to the following:
Building: $ 0.00 $ 0.00
1. This permit shall remain valid only in accordance with code State Surcharge: $ 0.00 $ 0.00
or regulation provisions relating to time lapse and revocation Development Fees: $ 0.00 $ 0.00
(180 days).
2. Work shall not proceed past approved inspection stage. All Systems Development Charges: $ 0.00 $ 0.00
required inspections shall be called for 24 hours in advance. Utility Connection Fees: $ 0.00 $ 0.00
3. Any modifications in plans or work shall be reported in
advance to the department. Public Works Fees: $ 0.00 $ 0.00
4. Responsibility for complying with all applicable federal, state, Planning Fees: $ 1,004.00 $ 1,004.00
or local laws, ordinances, or regulations rests solely with the
Sub-Total: $ 1,004.00
applicant. Fees Paid: $ 1,004.00
Applicant Date Total Amount Due: $ U
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
CITY
Inspection Request Line: 541-552-2080
Job Address: 131 NORTH MAIN ST Contractor:
ASHLAND OR 97520 Address:
C
Owner's Name: SCARBOROUGH MARGARET TRSTEE O Phone:
P Customer 02785 N State Lic No:
L Lic No:
P SCARBOROUGH MARGARET TRSTEE T City
Applicant: 131 N MAIN ST R
I Address: ASHLAND OR 97520 A
C C Sub-Contractor:
A Phone: T Address:
N Applied: 10/15/2013 0
T Issued: 11/06/2013 R
Expires: 05/05/2014 Phone:
State Lic No:
Maplot: 391 E09BB3800 City Lic No:
DESCRIPTION: CUP for a Traveler's Accommodation -THIS PLANNING ACTION ENDED UP HAVING CHANGES AND A
VARIANCE. A TYPE II HAS NO BEEN OPENED WE WILL NOT USE THIS ACTION NUMBER.
I
VALUATION
Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description
Total for Valuation:
MECHANICAL
ELECTRICAL
STRUCTURAL
PERMIT FEE DETAIL.
Fee Description Amount Fee Description Amount
Conditional Use Permit Type 1 998.00
CONDITIONS OF APPROVAL
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
Inspection Request Line: 541-552-2080 C I T Y F
ASHLAND