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HomeMy WebLinkAboutNMain_157_PA-2013-01900 E CITY ®F ASHLAND January 23, 2014 Notice of Final Decision On January 22, 2014, the Community Development Director approved the request for the following: Planning Action: PA-2013-01900 Subject Property: 157 N Main/35 Bush St Applicant: Russ and Erin Page Description: A request for a Conditional Use Permit approval to utilize a detached Accessory Unit located at 35 Bush Street as a one-unit Travelers Accommodation, with the owner residing on-site in the main residence located at 157 North Main Street. COMPREHENSIVE PLAN DESIGNATION: Low-Density Multi-Family; ZONING: R-2; ASSESSOR'S MAP: 39 lE 09BB TAX LOTS: 3200 j 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 (ALUM) 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 Pina in the Community Development Department at (541) 488-5305. cc: Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305 _ 51 Winbum Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us t 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 13'h 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 I that requested reconsideration. o. 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.or.us t ASHLAND PLANNING DIVISION FINDINGS & ORDERS PLANNING ACTION: PA-2013-01900 SUBJECT PROPERTY: 157 North Main / 35 Bush St. APPLICANT: Russ and Erin Page DESCRIPTION: A request for a Conditional Use Permit approval to utilize a detached Accessory Unit located at 35 Bush Street as a one-unit Travelers Accommodation, with the owner residing on-site in the main residence located at 157 North Main Street. COMPREHENSIVE PLAN DESIGNATION: Low-Density Multi-Family; ZONING: R-2; ASSESSOR'S MAP: 39 lE 09BB TAX LOTS: 3200 INITIAL SUBMITTAL: December 16, 2013 DEEMED COMPLETE: December 26, 2013 STAFF APPROVAL: January 22, 2014 APPEAL DEADLINE: February 3, 2014 FINAL DECISION: February 4, 2014 APPROVAL EXPIRATION: February 4, 2014 i DECISION The subject property is located at the northwest corner of the North Main and Bush Street, and is within the Skidmore Academy Historic District. The 8,698 square foot parcel contains a 1,400 square foot Historic Contributing home oriented toward North Main Street (157 North Main), and an accessory unit /garage combo oriented towards Bush (35 Bush St.). The 498 square foot rental unit, with a 336 square foot garage, and 420 square feet of studio space accessory to main house was given Site Review approval in 2005 (PA-2005-01056). Subsequently, the owners were granted a Conditional Use Permit (CUP) in 2007 for a one-unit Travelers Accommodation, with the owner residing on-site in the main residence (PA-2007-01349). Unfortunately, since then, the property has not complied with previous conditions of approval, therefore deeming the permit invalid. The application is to reinstate the previous CUP for a one-unit Travelers Accommodation in the ARU, with the owner residing on-site in the main residence. In accordance with Ashland Municipal Code 18.24.030.K, the property owner is required to live on-site, the structure be at least 20 years old, be within 200 feet of an arterial or collector, provide a parking space per each unit, plus two for the owners unit, and have an average area of 400 square feet per unit. The maximum number of units allowed is calculated by dividing the total square footage of the lot by 1800. This would allow up to four units (8700/1800 = 4.83) however in this case, the applicant is requesting to convert the second residential unit to a one-unit travelers' accommodation. The applicants have submitted materials to the Planning Department that respond to the criteria of approval for a Conditional Use Permit as well as addressing the requirements for operation of a travelers' accommodation within the R-2 district. The ARU is approximately 125 feet from North Main Street. The parking spaces are provided via a single compact parking space within the proposed garage and two on-street parking credits along the Bush Street frontage for the more than 44 feet of uninterrupted curb PA-2013-01900 35 Bush/ 157 North Main//MP Page 1 available. Due to the previous Site Review approving the parking configuration for the Accessory unit, the requirement to provide for three parking spaces is approved as the previous ruling stands. However, if the applicant wishes to utilize the 420 square feet of additional living space accessory to the main house as another accommodation unit, justifying the request may be difficult due to the lack of on-site parking and the impact on public resources. Therefore the existing parking spaces comply with the off- street parking requirements that call for three spaces - two spaces for the owners unit, and one space for each of the guest units. The primary residence is a 20th Century American Bungalow designated as the "E.E. Bagley House" in the Skidmore Academy Historic District, and is considered a Historic Contributing resource within the district. The home, built in 1913, "retains sufficient integrity to relate its period of construction" according to the Skidmore Academy Historic District inventory/survey. The In 2006/2007 there was a second residential unit constructed on the property. This unit is proposed to be used as the travelers' accommodation. There is established, well maintained landscaping with an irrigation system in place on site; a landscape plan was submitted with the application for approval to construct the residential unit which will be used as the travelers accommodation, delineating the existing landscape materials and irrigation system specifications. No modifications to the building or the site are proposed, and the transition in use from residence to a travelers' accommodation should have little or no discernible impact upon the neighborhood as proposed. 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. 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 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 PA-2013-01900 35 Bush/ 157 North Main//MP Page 2 spaces shall be in conformance with the requirements of the Off-Street Parking section of this Title. 3. That only one ground or wall sign, constructed of a non plastic material, non-interior illuminated of 6 sq. ft. maximum size be allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the travelers' accommodation in violation of 18.72.110. 4. That the number of accommodation units allowed shall be determined by the following criteria: a. That the total number of units, including the owner's unit, shall be determined by dividing the total square footage of the lot by 1800 sq. ft. Contiguous lots under the same ownership may be combined to increase lot area and the number of units, but not in excess of the maximum established by this ordinance. The maximum number of accommodation units shall not exceed 9 per approved travelers' accommodation with primary lot frontage on arterial streets. The maximum number of units shall be 7 per approved travelers' accommodation with primary lot frontage on designated collector streets; or for travelers' accommodations not having primary frontage on an arterial and within 200 feet of an arterial. Street designations shall be as determined by the Ashland Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the collector or arterial, b. Excluding the business-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. 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 PA-2013-01900is 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 PA-2013-01900is 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. j 2) That the approval shall be for one guest unit and one owner's unit only; and that any future expansion of the footprint, 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 only one wall or ground sign is permitted onsite in conjunction with the Traveler's Accommodation. The sign shall be constructed out of a non-plastic material, and non- internally illuminated with a maximum size of 6 square feet, and have a maximum PA-2013-01900 35 Bush/ 157 North Main//MP Page 3 overall height of five feet. Any exterior illumination shall not direct light on any adjacent residential uses. That a sign permit in compliance with Chapter 18.96 of the Ashland Land Use Ordinance shall be obtained prior to the placement of any signage on the property. 5) That 15.7 North Main must be the primary residence (AMC 18.08.605) of the business owner. 6) That the garage shall remain open and used for parking purposes only. 7) That advertisement for the Travelers Accommodation unit must include the City of Ashland Planning Action number assigned to the land-use approval. Bil oln Date ommuni Development Director PA-2013-01900 35 Bush/ 157 North Main//MP Page 4 PA-2013-01900 391E04CC7800 PA-2013-01900 391E09BB3300 PA-2013-01900 391E05DD9000 COLLINGS DAVID/SCHRAN DEAN MICHAEL C/MARCELLA FIRST METHODIST CH/ASHLAND 13236 E EVANS CREEK RD PO BOX 4704 175 N MAIN ST ROGUE RIVER, OR 97537 HOUSTON, TX 77210 ASHLAND, OR 97520 PA-2013-01900 391E08AA7300 PA-2013-01900 391E04CC8000 PA-2013-01900 391E08AA7400 FOSTER MAXWELL E JR TRUSTEE ET FRIEDMAN JOSEPH D j KECK RICHARD/SMITH CHRISTINE 63 BUSH ST 935 OAK ST - 75 BUSH ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2013-01900 391E04CC7700 PA-2013-01900 391E04CC7900 PA-2013-01900 391E08AA7600 KENCAIRN KERRY KAI LOUIE JEN LYNN TRUSTEE MACDONELL SUE 147 CENTRAL AVE 142 N MAIN ST 150 HIGH ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2013-01900 391E08AA7500 PA-2013-01900 391E04CC8100 PA-2013-01900 391E09BB3502 NELSON MARY PAMELA PAGE RUSSELL A/PAGE ERIN E PARKER JORDAN S TRUSTEE ET AL 1286 WOODLAND DR 157 MAIN ST N 137 N MAIN ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2013-01900 391E04CC8300 PA-2013-01900 391E04CC8600 PA-2013-01900 391E04CC8200 PAULSON DIANE C PEIL THOMAS HANSEN FAMILY REINHARDT JON T/CARMEN 156 N MAIN ST 335 GARFIELD 159 N MAIN ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2013-01900 391E08AA7700 PA-2013-01900 391E04CC8500 PA-2013-01900 391E09BB3503 ROCKEL TOM - TRUSTEE SHELL SANDI L ET AL SINGMASTER EDWIN H JR 70 BUSH ST 2918 W GRIFFIN CREEK RD 301 E VALLEYVIEW RD ASHLAND, OR 97520 MEDFORD, OR 97501 ASHLAND, OR 97520 PA-2013-01900 391E09BB3501 PA-2013-01900 391E04CC8700 PA-2013-01900 391E04CC8400 SKAFF-WINGER LORRINE TRSTEE SZANTO VICTOR TRUSTEE ET AL TRAVISANO JOSEPH A 140 HIGH ST 1 PO BOX 11274 155 CENTRAL AVE ASHLAND, OR 97520 ZEPHYR COVE, NV 89448 ASHLAND, OR 97520 PA-2013-01900 391E09BB1200 PA-2013-01900 391E09BB3400 WARREN FAMILY LTD PARTNERSP WHALLEY RUBY F 132 N MAIN ST 58 BUSH ST ASHLAND, OR 97520 ASHLAND, OR 97520 , r C t, PA-2013-01900 35 Bush St/157 N Main St Russ and Erin Page Chairman Skibby confirmed there was no exparte contact or conflict of interest. Ms. Gunter explained that there has been a Traveler's Accommodation for 4 years and they are now making it legal. There are no changes to the property and parking is sufficient. There being no one in the audience and the applicant not present, the public hearing was cancelled. Ms. Kencairn made a motion to approve the Planning Action as presented. Ms. Renwick seconded the motion and it passed unanimously. DISCUSSION ITEMS: A. CLG Grant - Ms. Gunter explained that she will apply for the next grant to promote Historic Preservation as a Green Building tool. A consultant would be hired to identify economic benefits to addressing the specifics of items currently not requiring a permit such as siding, roofing, windows, etc. They would also develop operating procedures for the Historic Review Board to follow to show the environmentally economical dollars and cents of choices for each option. The application is due mid-February. B. Victoria Law volunteered to attend the Oregon Heritage Conference April 23-25, 2014 in Albany Oregon. NEW BUSINESS: A. Review Board Schedule January 9th Keith, Ally, Victoria January 16th Dale, Allison January 23rd Kerry, Terry, Victoria January 301h Terry, Tom & Sam February 61h Kerry, Keith, Ally 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 Witemburg & Brint Borgilt Addition under constr Kencairn BD-2013-00718 5 B Street (Spartan Properties) New Comm Bldg under construction Phelps 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 PA-2013-01829 60 Alida St Micah & Greta Lieberman new garage & ARU Shostrom PA-2013-01828 310 Oak St Brent Thompson) 2 new Res units in Comm Bldg Shostrom Planning Department, 51 Wh Way, Ashland, Oregon 97520 i 1 T Y E 541-488-5305 Fax: 541-552-2050 www,ashland.or.us TTY:1-800-735-2900 -A - LAND NOTICE OF APPLICATION PLANNING ACTION: 2013-01900 SUBJECT PROPERTY: 35 Bush St / 157 North Main OWN E RIAPPLI CANT: Russ and Erin Page DESCRIPTION: A request for a Conditional Use Permit approval to utilize a detached Accessory Unit located at 35 Bush Street as a one-unit Travelers Accommodation, with the owner residing on-site in the main residence located at 157 North Main Street. COMPREHENSIVE PLAN DESIGNATION: Low-Density Multi-Family; ZONING: R-2; ASSESSOR'S MAP: 39 lE 09BB TAX LOTS: 3200 NOTE: The Ashland Historic Commission will also review this Planning Action on Wednesday, January 8, 2014 at 6:00 PM in the Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way. NOTICE OF COMPLETE APPLICATION: December 26, 2013 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: January 9, 2014 2 " SUBJECT PROPERTY: 157 North Main St. / 35 Bush St. 39 1 E 09BB 3200 / syn. ~ 117 15U ft~ f ,f I 35 f ~ ~ JJJ . J5 N rmrnn O M 0 20 Feet Property limes are Jbr rcjL~rencc only, riot sraleable 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 Staffs 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 ropy 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. Comm- ev p annmg annmg c ions o icing o er a, e o ices ,gns oca CONDITIONAL USE PERMITS 18.104.050 Approval Criteria r 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 l City's Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the collector or arterial. i Wcomm-dev\planning\Planning Actions\Noticing Folder\Mailed Notices & Signs\2013\PA-2013-01900.docx j a c ci 03 ~~M11S ix. 42 cs 'y , 1 ._4 a Y. r i C7 ~t . 9 -13 a, .x't Qy 44~ C7 tl W f1 mun I !.;-@. r-`4 RR(f1 r 1-':4 µ (R hl tii. 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 December 26, 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 #2013-01900, 35 Bush St./157 N Main. Signature of Employee i Documend 12/26/2013 ` PA-2013-01900 391E04CC7800 PA-2013-01900 391E09BB3300 PA-2013-01900 391E05DD9000 COLLINGS DAVID/SCHRAN DEAN MICHAEL C/MARCELLA FIRST METHODIST CH/ASHLAND 13236 E EVANS CREEK RD PO BOX 4704 175 N MAIN ST ROGUE RIVER, OR 97537 HOUSTON, TX 77210 ASHLAND, OR 97520 PA-2013-01900 391E08AA7300 PA-2013-01900 391E04CC8000 PA-2013-01900 391E08AA7400 FOSTER MAXWELL E JR TRUSTEE ET FRIEDMAN JOSEPH D KECK RICHARD/SMITH CHRISTINE 63 BUSH ST 935 OAK ST 75 BUSH ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2013-01900 391E04CC7700 PA-2013-01900 391E04CC7900 PA-2013-01900 391E08AA7600 KENCAIRN KERRY KAI LOUIE JEN LYNN TRUSTEE MACDONELL SUE 147 CENTRAL AVE 142 N MAIN ST 150 HIGH ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 i PA-2013-01900 391E08AA7500 PA-2013-01900 391E04CC8100 PA-2013-01900 391E09BB3502 NELSON MARY PAMELA PAGE RUSSELL A/PAGE ERIN E PARKER JORDAN S TRUSTEE ET AL 1286 WOODLAND DR 157 MAIN ST N 137 N MAIN ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2013-01900 391E04CC8300 PA-2013-01900 391E04CC8600 PA-2013-01900 391E04CC8200 PAULSON DIANE C PEIL THOMAS HANSEN FAMILY REINHARDT JON T/CARMEN 156 N MAIN ST 335 GARFIELD 159 N MAIN ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2013-01900 391E08AA7700 PA-2013-01900 391E04CC8500 PA-2013-01900 391E09BB3503 ROCKEL TOM - TRUSTEE SHELL SANDI L ET AL SINGMASTER EDWIN H JR 70 BUSH ST 2918 W GRIFFIN CREEK RD 301 E VALLEYVIEW RD ASHLAND, OR 97520 MEDFORD, OR 97501 ASHLAND, OR 97520 I PA-2013-01900 391E09BB3501 PA-2013-01900 391E04CC8700 PA-2013-01900 391E04CC8400 SKAFF-WINGER LORRINE TRSTEE SZANTO VICTOR TRUSTEE ET AL TRAVISANO JOSEPH A 140 HIGH ST 1 PO BOX 11274 155 CENTRAL AVE ASHLAND, OR 97520 ZEPHYR COVE, NV 89448 ASHLAND, OR 97520 PA-2013-01900 391E09BB1200 PA-2013-01900 391E09BB3400 WARREN FAMILY LTD PARTNERSP WHALLEY RUBY F 132 N MAIN ST 58 BUSH ST ASHLAND, OR 97520 ASHLAND, OR 97520 C; Request for Traveler's Accommodati 35 Bush Street Russ and Erin Page 157 North Main Street Russ's cell: 541-778-3076 i I ~ i 35 Bush (rental unit entry) I 35 Bush Street (coach house - proposed travelers accommodation on t s floor) l 1 u I 157 North Fain Street (fiont house) u ~ i t We request permission to use the approved 498 square foot rent4. apartment on the first floor of our "coach house" to be used as a traveler's accommodation. This apartment is located inside a building that was completed and given an occupancy permit in 2008. The coach house occupies the same lot as the front house, which has a street address of 1577 North Main Street (on the NW corner of Main & Bush), which we have owned and occupied since 2003 (the house dates back to 1911). This lot is zoned R2. A traveler's accommodation was approved in September 2007 (Planning Action #2007- 01369). However, we didn't follow through on the paperwork necessary to bring the rental in accordance with Ashland's requirements. To address the criteria from Section 18.104.050 for a Conditional Use: We don't believe that the use of our rental space as a traveler's accommodation will be more impactful than its use as a month-to-month apartment rental. In fact, since the rental will be occupied less than 365 days - which we would expect renting month-to-month - the impact would be less. (For example, some of our long-term renters have had two cars, whereas its use as a traveler's accommodation would insure that, at most, only one car would be parked on the street.) We don't believe that the use of our one rental as a traveler's accommodation would adversely affect our neighborhood's water usage, storm drainage, or electricity. And since we are only a few blocks from the Plaza, transportation is not an issue. Most vacationers who come to Ashland, and would stay in our traveler's accommodation, are here for the Oregon Shakespeare Festival. They are, generally speaking, a low-impact group, here to enjoy theater and the wonderful amenities Ashland affords: restaurants, coffee shops, retail stores, and the like. We don't believe that their presence in our neighborhood would negatively impact air quality, the noise and light level, or the level of foot and automobile traffic. There are large Bed & Breakfasts on both sides of us (Cowslip's Belle and The Coolidge House), both with a much greater capacity, and we rarely notice any additional impact to our neighborhood. We believe our neighborhood can comfortably accommodate our one additional unit. According to the Ashland Municiple Code, Section 18.24.030.K "Conditional Uses,," traveler's accommodations, are subject to the following, which we believe we ha~$ 3 adequately addressed: ® "That all residences used for travelers accomodations be business-owner occupied." We live in the front house (157 North Main). ® "That each accommodation unit shall have 1 off-street parking space and the owners shall have 2 parking spaces." We have met this requirement as spelled out in our response to the "Design and Use Standards" for the original application for the coach house rental unit. • "That only one ground or wall sign, constructed of a non-plastic material, non- interior illuminated of 6 sq. ft, maximum size be allowed" We have no plans to put up a sign; however, if we do install a sign in the future, it will conform to this requirement. ® "That the number of units shall be determined by the following: That the total number of units, including the owner's unit, shall be determined by dividing the total square footage of the lot by 180o sue. ft." The total square footage of the lot is 8698 sq. ft., which when divided by 180o sq. ft. adds up ~o a total of 4.83 allowable units. We are requesting only one rental unit. ® "That the primary residence on the site be at least 20 years old," The primary residence dates back to 1911. ® "Transfer of business-ownership of a traveler's accommodation shall be subjeec_t to all requirements of this section and subject to Conditional Use Permit approval and conformance with the criteria of this section," We will conform to this requirement. "An annual inspection by the Jackson County Health Department shall be conducted as required by the laws of Jackson Coun . or the State of Oregon." We will conform to this requirement. ® "That applicant will register for the Transient and Occupancyax." We will conform to this requirement. ® "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." The property, on which the proposed traveler's accommodation is located, is on Main Street. If you have any further questions, do not hesitate to call Russ on his cell phone. Thank you for your consideration in this matter. (ZiiEri I WO t ANSS PlOt I Q ~ 4 1 r4;; , CRt~ u~~T~$ ~ y,, Es~~t~1~1G ~r~tl~I .N ;tit: p ~c1~r~tG C>Jw o vopIM E cC 1 7 JNIT' ~ - h pin p~u 4 i M~ 2 .~n 0 31ti D Gr l.E: 4 I1 PLE it ~ARICING IRKING fed flu r -7-7 9 3D7 ~RIKJ MID lu sEZ~ - C, 9 MAP 39-) a ' 7P1~~13 17, 4 vlao~~ .01 ic'.. 9 ~x©f 51.1011+6 Doe ® QFP 1 1N 37 ~jp CV e\rrA - LwR- 8 SQXr, ADCI~ S'u i E Spl ~ 1~.D1~1f~ g OWN C-X lr~ ISM o i e-xIsr0G eop F( 6 JNIT '~fINIA ; vlA~K N1~^ ~ktlimillill or~K , r~ 5l Ft x O tt d u /4A W4 } wl- € fARICING ;,,-~I~s~~C~NG 2,41 VIE I FLA N E~RIKJ hNv ~R\JSS7 -7-7 3D-7 i MAP 39-1~P e~ ~ fi~~ W'S' ~ 320 I ZONING PERMIT APPLICATION Planning Division CITY OF 51 Winburn Way, Ashland OR 97520 FILE ASHLAND 541-488-5305 Fax 541-488-6006 - - DESCRIPTION OF PROJECT DESCRIPTION OF PROPERTY r Pursuing LEED® Certification? 0 YES, A] NO Street Address I r " C J Assessor's Map No. 391 E 9 Tax Lot(s) 6 Zoning Comp Plan Designation APPLICANT C15 F_.e t 4 YL Name Pho ~ 0 E-Mail C t. 7 r 7R)f f AF, km a &ag, CW4 Address ~P ( ~ n Angqk City Zip' PROPERTY OWNER Name Phone E-Mail Address City Zip SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER Title Name Phone E-Mail . I Address City Zip Title Name ' Phone E-Mail Address City ~ Zip I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects, true and correct, I understand that all property pins must be shown on the drawings and visible-upon the site inspection, M the event the pins are not shown or their location found to be incorrect, the owner assumes full responsibility. 1 further understand that if this request is subsequently contested, the burden will be on me to . establish: 1) that t 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 t ' gard will re It most fikeI in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to be re my e se, If I any d s k competent professional advice and ssfsta ce, piicant's a re Date so r oc~ f ert olved in fhr re ue have nd understood the complete application and.its consequences to me as a property lI la S I ure (required) Date ITo be completed by City SA Date Receivedk Zoning Permit Type Filing Fee $ c P OVER 0 C:lcomm-dev\pleoning\Forms & AeodoutslZooiog Permit Application-doc Job Address: 35 BUSH ST Contractor: ASHLAND OR 97520 Address: C ' A F Owner's Name: RUSS & ERIN PAGE O Phone: P Customer 02898 N State Lic No: L RUSS & ERIN PAGE T City Lic No: Applicant: 157 NORTH MAIN ST R Address: ASHLAND OR 97520 A f C C Sub-Contractor: A Phone: (541) 778-3076 T Address: N Applied: 12/16/2013 0 T Issued: Expires: 06/14/2014 R Phone: State Lic No: Maplot: 391 E09BB3200 City Lic No: DESCRIPTION: CUP for Traveler's Accommodation 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 CITY OF