HomeMy WebLinkAboutPioneer_162_PA-2014-00980
CITY OF
ASHLAND
July 17, 2014
Notice of Final Decision
On July 17, 2014, the Community Development Director approved the request for the following:
Planning Action: 2014-00980
Subject Property: 162 N Pioneer
Applicant: Sarah Berman
Description: A request for a Conditional Use Permit to operate a two-unit (one guest
unit and an owner's unit) Travelers Accommodation for the property located at 162 North
Pioneer. The accommodation unit is proposed to be located in an upstairs room within the
home. COMPREHENSIVE PLAN DESIGNATION: Low-Density Multi-family; ZONING: R-
2; ASSESSOR'S MAP: 39 IE 09 BA; TAX LOT: 11900
The Community Development Director's decision becomes final and is effective on the 13t` 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 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.orms
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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'' day after
notice of the decision is mailed unless reconsideration of the action is approved by the Staff
Advisor or appealed to the Commission as provided in section 18.108.070(B)(2)(c).
b. Reconsideration. The Staff Advisor may reconsider Type I planning actions as set forth below.
i. Any party entitled to notice of the planning action, or any City Agency may request
reconsideration of the action after the decision has been made by providing evidence to the
Staff Advisor that a factual error occurred through no fault of the party asking for
reconsideration, which in the opinion of the staff advisor, might affect the decision.
Reconsideration requests are limited to factual errors and not the failure of an issue to be
raised by letter or evidence during the opportunity to provide public input on the application
sufficient to afford the Staff Advisor an opportunity to respond to the issue prior to making a
decision.
ii. Reconsideration requests shall be received within five (5) days of mailing. The Staff Advisor
shall decide within three (3) days whether to reconsider the matter.
iii. If the Planning Staff Advisor is satisfied that an error occurred crucial to the decision, the
Staff Advisor shall withdraw the decision for purposes of reconsideration. The Staff Advisor
shall decide within ten (10) days to affirm, modify, or reverse the original decision. The Staff
Advisor shall send notice of the reconsideration decision to affirm, modify, or reverse to any
party entitled to notice of the planning action.
iv. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff
Advisor shall deny the reconsideration request. Notice of denial shall be sent to those parties
that requested reconsideration.
c. Appeal.
i. Within twelve (12) days of the date of the mailing of the Staff Advisor's final decision,
including any approved reconsideration request, the decision may be appealed to the Planning
Commission by any party entitled to receive notice of the planning action. The appeal shall be
submitted to the Planning Commission Secretary on a form approved by the City
Administrator, be accompanied by a fee established pursuant to City Council action, and be
received by the city no later than 4:30 p.m. on the 12th day after the notice of decision is
mailed.
ii. If an appellant prevails at the hearing or upon subsequent appeal, the fee for the initial hearing
shall be refunded. The fee required in this section shall not apply to appeals made by
neighborhood or community organizations recognized by the city and whose boundaries
include the site.
iii. The appeal shall be considered at the next regular Planning Commission or Hearings Board
meeting. The appeal shall be a de novo hearing and shall be considered the initial evidentiary
hearing required under ALUO 18.108.050 and ORS 197.763 as the basis for an appeal to the
Land Use Board of Appeals. The Planning Commission or Hearings Board decision on appeal
shall be effective 13 days after the findings adopted by the Commission or Board are signed
by the Chair of the Commission or Board and mailed to the parties.
iv. The appeal requirements of this section must be fully met or the appeal will be considered by
the city as a jurisdictional defect and will not be heard or considered.
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541488-5305
51 Winbum Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
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ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: PA-2014-00980
SUBJECT PROPERTY: 162 N. Pioneer
OWNER/APPLICANT: Sarah Berman
DESCRIPTION: A request for a Conditional Use Permit to operate a two-unit (one guest
unit and an owner's unit) Travelers Accommodation for the property located at 162 North Pioneer. The
accommodation unit is proposed to be located in an upstairs room within the home.
COMPREHENSIVE PLAN DESIGNATION: Low-Density Multi-family; ZONING: R-2;
ASSESSOR'S MAP: 39 1E 09 BA; TAX LOT: 11900;
SUBMITTAL DATE: June 10, 2014
DEEMED COMPLETE DATE: June 25, 2014
STAFF APPROVAL DATE: July 17, 2014
APPEAL DEADLINE: July 29, 2014
APPROVAL EXPIRATION DATE: July 29, 2015
DECISION
The subject property is located on the east side of North Pioneer, between Lithia Way and B Street.
The parcel and surrounding uses to the northeast are zoned R-2, Low-Density Multi-Family, while the
properties to the west and south are zoned C-1, Commercial. The 7,680 square foot rectangular parcel
is within the Railroad Addition Historic District and has a slight downhill slope to the north at
approximately four percent. The site is moderately landscaped with two deciduous trees in the front
yard, shrubbery and lawn. Pioneer Street is improved with sidewalks, curbs, gutters, and park rows
with street trees. The property contains a 1,990 square foot residence, known as the `Lloyd Mulit
House' built in 1905. The City's historic resources survey denotes the while the Mulit house has been
recently used as' an antique store, "the house retains sufficient integ7•ity to relate to its historic period of
development", therefore considered a Historic Contributing resource.
This application proposes to utilize a 384 square foot upstairs bedroom, plus 256 square feet of the
enclosed porch as a one-unit Travelers Accommodation in accordance with Ashland Municipal Code
18.24.030.x. An implicit requirement of Travelers Accommodations is that the business be "business-
owner" occupied. The applicant's findings assert that the property owner resides on-site and is wholly
responsible for all aspects of the business. The application did however make note that her "heirs will
adhere to all the requirements and conditions that are approved by the City". As noted above, the
business owner is required to live on-site; therefore, any change of business owner and/or primary
residency will need to provide proof of primary residence in accordance with AMC 18.08.605.
Additional approval criteria for a Traveler's Accommodation is that the property be within 200 feet of
an arterial or collector, have a parking space per each unit plus two for the owners unit, and have an
average area of 400 square feet per unit. The property is located approximately 100 feet from B Street,
and although the application only proposes one unit, the property can accommodate a maximum of
four units [7,680 _ 1800 = 4.26]. Excluding the owner's unit, the proposed unit is 384 square feet;
however, the applicant has proposed to utilize 256 square feet of the existing porch as common area to
offset the less than required floor area for the accommodation unit.
PA-2014-00980
162 N. Pioneer/NM
Page 1
i
Provided that a portion of the home is currently used as an antique store, the entire front porch is filled
with items associated with the business. Consequently, staff has reservations regarding the usability of
the enclosed porch area for the use by guests as proposed. Therefore, a condition of approval will be
added that the porch area be cleared of debris and open for the use by guests. An inspection by staff
shall be required prior to approval of the business license.
Traveler's Accommodation uses require that one parking space be provided for each unit in addition to
two parking spaces for the owner, for a total of three parking spaces required. The applicant has
identified three parking spaces in a gravel parking area behind then home. Upon a, site visit, staff
measured approximately 24 feet available width to park a standard vehicle, below the width required
for three parking spaces. Therefore, staff recognizes only two parking spaces behind the home.
Nevertheless, the applicant does have 22 feet of uninterrupted curb abutting the property, which is
beyond 200 feet of the C-1-1) zone. Therefore, three parking spaces are provided in accordance with
AMC 18:92.
A site visit to the property indicated that the current landscaping does not fully present a welcoming
environment to guests; and is confusing to where the accommodation entrance is located. Landscaping
is often the first impression guests' encounter when visiting our community, and not only casts an
image on the business, but on Ashland in general. When applying for a quasi-commercial use within an
established neighborhood, the Conditional Use criteria allows staff to weigh the increased impacts of
the proposed use to the established neighborhood. Therefore, to mitigate the impact, staff will look to
improved=andme~ntinuously maintained landscaping throughout the existence of the accommodation
use Please prove staff with a landscape plan for areas visible from the adjacent right-of-ways. No
ex~brior..modificat o'ns to the building are proposed. Adequate capacity for water, sanitary sewer, storm
drain and electric facilities are already in place for the unit.
Provided the area is somewhat of a transition zone comprised of commercial and residential uses, staff
feels that by utilizing a single room within the building would not adversely affect the neighborhood as
the block is heavily travelled by pedestrians and in close proximity to attractions. Furthermore, having
a business-owner living on-site is closer to the target use of the zone, which will bring liveliness to the
site- rather than appear vacant. In summary, staff believes utilizing the proposed one-unit Traveler's
Accommodation, plus an owner's unit, provided the applicant adheres to all conditions below, will
have little effect on the existing development pattern in establish historic neighborhood, and therefore
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.
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.
PA-2014-00980
162 N. Pioneer/MP
Page 2
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.I):
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. 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 2014-00980 is approved with the following conditions. Further, if any one or
more of the following conditions are found to be invalid for any reason whatsoever, then
Planning Action 2014-00980 is denied. The following are the conditions and they are attached to
the approval:
PA-2014-00980
162 N. Pioneer/MP
Page 3
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 accommodation units, changes of business ownership or manager-occupancy,
or other modifications to the original proposal shall be subject to the conditional use permit
procedure.
3. That the porch area be cleared of debris and open for the use by guests. An inspection by
staff shall be required prior to approval of the business license.
4. That a landscape plan be provided to staff for areas visible from the adjacent right-of-way,
including additional shrubbery and ground cover plantings with final size and location to be
coordinated with staff.
5. That only one wall or ground sign is permitted onsite in conjunction with the Traveler's
Accommodation. The sign shall be constructed out of a non-plastic material, and non-
internally illuminated with a maximum size of 6 square feet, and have a maximum 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.
6. That the business owner shall modify their City of Ashland business license to indicate an
accommodation unit, in addition to apply for the City's Transient and Occupancy Tax.
7. That 162 North Pioneer Street must remain the primary residence of the business owner.
Applicant shall demonstrate proof of primary residency, in accordance with AMC 18.08.605,
within 10 days of this approval.
8. That advertisement for the Travelers Accommodation unit must include the City of Ashland
Planning Action number assigned to the land-use approval.
f-7
11 Molnar Date
Communi Development Director
PA-2014-00980
162 N. Pioneer/W
Page 4
AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Jackson )
The undersigned being first duly sworn states that:
1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On July 17, 2014 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 #2014-00980, 162 N Pioneer.
Signature of Employee
DocumenQ 7/1612014
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PA-2014-00980 391E09BB 12400 PA-2014-00980 391E09BB 12700 PA-2014-00980 391E09BA 12600
DEBORAH DELAUNAY ANCHICK JACK C TRUSTEE ET AL BARNHILL BRENDA
336 MOWETZA DR 1335 UPPER RIVER RD PO BOX 1372
ASHLAND, OR97520 GOLD HILL, OR97525 ASHLAND, OR97520
PA-2014-00980 391E09BA 12500 PA-2014-00980 391E09BA 11900 PA-2014-00980 391E09BB 12300
BARNHILL MARY K TRUSTEE ET AL BERMAN SANDRA TRUSTEE ET AL BERMAN STEVEN
PO BOX 1372 162 N PIONEER ST 79 PINE ST
ASHLAND, OR97520 ASHLAND, OR97520 ASHLAND, OR97520
PA-2014-00980 391E09BA 12100 PA-2014-00980 391E09BA 13300 PA-2014-00980 391E09BA 10101
BROOKS GERALD L/DOROTHY C COLLONGE JOSEPH L TRUSTEE ET FIRST PLACE PARTNERS LLC
136 B ST 111 B ST 815 ALDER CREEK DR
ASHLAND, OR97520 ASHLAND, OR97520 MEDFORD, OR97504
PA-2014-00980 391E09BB 11900 PA-2014-00980 391E09BA 14500 PA-2014-00980 391E09BB 12000
GREG BAILEY ENTERPRISES 11 LLC HISTORIC ASHLAND ARMORY LLC HOADLEY LLOYD A TRUSTEE ET AL
4902 MT ASHLAND SKI RD PO BOX 249 981 PARK ST
ASHLAND, OR97520 ASHLAND, OR97520 ASHLAND, OR97520
PA-2014-00980 391E09BA 12300 PA-2014-00980 391E09BA 13000 PA-2014-00980 391E09BA 13100
HUFF JAYNE DUTRA/GORDON C LARMORE JANET/JOHN T STRONG LUSA JOSEPH B TRUSTEE ET AL
265 S LAUREL AVE A 248 EIGHTH ST 135 B ST
BREA, CA92821 ASHLAND, OR97520 ASHLAND, OR97520
PA-2014-00980 391E09BA 12000 PA-2014-00980 391E09BA 12800 PA-2014=00980 391E09BA 11800
M J D JAMESTOWN MARKS MICHAEL ANTHONY POTOCKI STAN
180 N PIONEER 417 CLIFF ST 2678 TAKELMA WAY
ASHLAND, OR97520 ST JOHNSBURG, VT05819 ASHLAND, OR97520
PA-2014-00980 391E09BB 12200 PA-2014-00980 391E09BA 12900 PA-2014-00980 391E09BA 13200
RIGOTTI GARY R/YVONNE DUNK ROYLE HOWARD A SHELLEY STACY
12 PEBBLE CREEK DR P O BOX 751 123 B ST
EAGLE POINT, OR97524 CANYONVILLE, OR97417 ASHLAND, OR97520
PA-2014-00980 391E09BA 12400 PA-2014-00980 391E09BA 12200 PA-2014-00980 391E09BB 12100
SPIERINGS K 'A TRUSTEE FBO STEWART MARILYN M. UHTOFF KATHERINE J TRUSTEE ET
PO BOX 1315 142 B ST 633 ROCA ST
PHOENIX, OR97535 ASHLAND, OR97520 ASHLAND, OR97520
7/16/2014 NOD
PA-2014-00980 391E09BB 12600
YATES JOAN M ET AL
10 BUCHANAN ST
NASHUA, NH03060
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Umpqua Bank P.O. Box 1820, Roseburg, OR 97470-4717 1-866-486-7782 ® www.umpquabanl(.com
000 00001 01 PAGE: 1
ACCOUNT: 130455624 05/13/2014
UMPQUA
B•A•N•K
SANDRA BERMAN
MELODY J JONES
ELINOR BERMAN 400
162 N PIONEER ST
ASHLAND, OR 97520-1824 37-4
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Planning Department, 51 Winbu~~~ Wa, Ashland, Oregon 97520 C I T Y O F
i y
541-488-5305 Fax; 541-552-2056 www.ashland,or.us TTY; 1-800-735-2900
-ASH LAi,,~
NOTICE OF APPLICATION
PLANNING ACTION: 2014-00980
SUBJECT PROPERTY: 162 N. Pioneer
OWNER/APPLICANT: Sarah Berman
DESCRIPTION: A request for a Conditional Use Permit to operate a two-unit (one guest unit and an owner's
unit) Travelers Accommodation for the property located at 162 North Pioneer. The accommodation unit is
proposed to be located in an upstairs room within the home. COMPREHENSIVE PLAN DESIGNATION:
Low-Density Multi-family; ZONING: R-2; ASSESSOR'S MAP: 39 lE 09 BA; TAX LOT: 11900.
NOTICE OF COMPLETE APPLICATION: June 25, 2014
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: July 9, 2014
123
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SUBJECT PROPERTY:
5O 162 N. Pioneer
N i 39 1E 09BA
_;7,
Property lines are for reference only, not scaleable
O 10 20 40 Feet
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.
Documend
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.
Documentl
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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 June 25, 2014 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 #2014-00980, 162 N Pioneer.
Signature of Employee
Documentt 612512014
T AaMAV-09-008-L ; ,wdn-dod pjogaj 81 j819A9j juawawep @09 L5 GAa3AV a!Aege6 al zesimn
worAjane'Ami m ; ap u!le ajn43eq el a za!!daa ap sues salad a solpej sagenbi~:i
PA-2014-00980 391E09BB 12400 PA-2014-00980 391E09BB 12700 PA-2014-00980 391E09BA 12600
DEBORAH DELAUNAY ANCHICK JACK C TRUSTEE ET AL BARNHILL BRENDA
336 MOWETZA DR 1335 UPPER RIVER RD PO BOX 1372
ASHLAND, OR97520 GOLD HILL, OR97525 ASHLAND, OR97520
PA-2014-00980 391E09BA 12500 PA-2014-00980 391E09BA 11900 PA-2014-00980 391E09BB 12300
BARNHILL MARY K TRUSTEE ET AL BERMAN SANDRA TRUSTEE ET AL BERMAN STEVEN
PO BOX 1372 162 N PIONEER ST 79 PINE ST
ASHLAND, OR97520 ASHLAND, OR97520 ASHLAND, OR97520
PA-2014-00980 391E09BA 12100 PA-2014-00980 391E09BA 13300 PA-2014-00980 391E09DA 10101
BROOKS GERALD L/DOROTHY C COLLONGE JOSEPH L TRUSTEE ET FIRST PLACE PARTNERS LLC
136 B ST 111 B ST 815 ALDER CREEK DR
ASHLAND, OR97520 ASHLAND, OR97520 MEDFORD, OR97504
PA-2014-00980 391E09BB 11900 PA-2014-00980 391E09BA 14500 PA-2014-00980 391E09BB 12000
GREG BAILEY ENTERPRISES 11 LLC HISTORIC ASHLAND ARMORY LLC HOADLEY LLOYD A TRUSTEE ET AL
4902 MT ASHLAND SKI RD PO BOX 249 981 PARK ST
ASHLAND, OR97520 ASHLAND, OR97520 ASHLAND, OR97520
PA-2014-00980 391E09BA 12300 PA-2014-00980 391E09BA 13000 PA-2014-00980 391E09BA 13100
HUFF JAYNE DUTRA/GORDON C LARMORE JANET/JOHN T STRONG LUSA JOSEPH B TRUSTEE ET AL
265 S LAUREL AVE A 248 EIGHTH ST 135 B ST
BREA, CA92821 ASHLAND, OR97520 ASHLAND, OR97520
PA-2014-00980 391E09BA 12000 PA-2014-00980 391E09BA 12800 PA-2014-00980 391E09BA 11800
M J D JAMESTOWN MARKS MICHAEL ANTHONY POTOCKI STAN
180 N PIONEER 417 CLIFF ST 2678 TAKELMA WAY
ASHLAND, OR97520 ST JOHNSBURG, VT05819 ASHLAND, OR97520
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PA-2014-00980 391E09BB 12200 PA-2014-00980 391E09BA 12900 PA-2014-00980 391E09BA 13200
RIGOTTI GARY R/YVONNE DUNN ROYLE HOWARD A SHELLEY STACY
12 PEBBLE CREEK DR P 0 BOX 751 123 B ST
EAGLE POINT, OR97524 CANYONVILLE, OR97417 ASHLAND, OR97520
PA-2014-00980 391E09BA 12400 PA-2014-00980 391E09BA 12200 PA-2014-00980 391E091313 12100
SPIERINGS K A TRUSTEE FBO STEWART MARILYN M UHTOFF KATHERINE J TRUSTEE ET
PO BOX 1315 142 B ST 633 ROCA ST
PHOENIX, OR97535 ASHLAND, OR97520 ASHLAND, OR97520
PA-2014-00980 391E09BB 12600
YATES JOAN M ET AL
10 BUCHANAN,ST
NASHUA, NH03060
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NPS Form 10-900-A OMB Approval No. 1024-0018 (8-86)
United States Department of the Interior
National Park Service
National Register Historic
Continuation
Amended-March 2002
Section Number: 7 Page: 22 Ashland Railroad Addition Historic District, Ashland, OR
ID # 46.0
MUNICIPAL PARKING LOT 0
C STREET 391E09BA 11500
No Style Vacant
An early structure on this site was moved elsewhere in the Railroad District in the early 1990s
and the present municipal parking lot was developed. (See ID # 189.0)
ID # 47.0 Survey #214
LOSHER, JAMES W. HOUSE 1904
150 PIONEER ST N 391E09BA 11500
Builder: Losher, James W.
Other: Vernacular Historic Contributing
A large L-shaped two-story wood-frame dwelling, the Losher House was built in 1904. "J. W.
Losher is constructing a two-story cottage next to Postmaster Casey on [Pioneer]. Cost, $1200."
(Tidings, 4-Feb-1904) Losher, a carpenter and bricklayer by trade probably built the house
himself after razing an earlier dwelling that had stood on this site. In 1909 Losher added the
front porch to the dwelling. (Tidings, 18-Jan-1909 and 15-Jul-1909) He worked as a carpenter
for the SP Railroad and later operated a plumbing shop on Oak Street. By 1948 the Losher
House had apparently been converted to multiple-family use and city directories for that year
show three renters living here. The building is now a professional office. Somewhat modified
the Losher House retains sufficient integrity to relate its historic period of development.
ID # 48.0 Survey #215
MULIT, LLOYD HOUSE 1905
162 PIONEER ST N 391E09BA 11900
Other: Vernacular Historic Contributing
A one and one-half story wood frame dwelling, the Lloyd Mulit House was built in 1905. Mu it,
a cashier at the First National Bank, sold the house a year later to neighbor J. R. Casey, who in
turn used the roperty as a rental. The simple front-facing gable volume is now encumbered by
a hipped-roWporch that wraps two elevations, a feature that is probably not original to the
structure but dates at least pre-1928 according to Sanborn maps. Occupants of the Mulit House
included Frank Mix, a druggist who lived here in 1910 and James Gault, a police officer, who
lived in four years later. In 1948 the house was occupied by Joseph Paulson and in 1964 was
owned and occupied by Mrs. Olive Beebe. In recent years the Mulit House has been used as an
antique store. The house retains sufficient integrity to relate its historic period of development.
ID # 49.0 Survey #216
VINING-WHITE HOUSE 1884
180 PIONEER ST N 391E09BA 12000
Other: Vernacular [Queen Anne] Historic Contributing
A two-story wood-frame dwelling, the Vining-White is prominently sited on a corner location
with mature landscaping and grounds. The house is generally vernacular in character but
exhibits modest Queen Anne influence, most notably in the projecting three-sided bay window
of the B Street elevation. The house was built in 1884 at a cost of $1500 by Mary Vining,
member of a locally influential family and sold a short time later to Mrs. Jane White, another
Jackson County pioneer who with her husband L e, had established the Rock Point Stage Stop
in the Gold Hill area.. In 1895 Mrs. White built n addition to the home. She remained here
until her death in March 1911. In 1948 Elmer Ayers lived here and by 1964 the house was
owned and occupied by Fred Egle. The Vining-White House retains high integrity and
effectively relates its historic period of development.
CITY OF
ASHLAND
Planning Department I L -
51 Winburn Way ; r, u
Ashland, OR 97520
541-488-5305
Ashland Historic Commission
Design Review Form
Applicant Date 6/19C 2Ly I
Address 10 0 C V--- j
Proposed Action 1 A V L \AA
commercial O Mixed Use ® Multi-Family ® Residential
O New Construction O Changes to Existing Structure
Historic Review Board Comments:
M I S < °i ll e) CA to S -e C:A A 1 CJ tti-
VS CA
C 6' vi , 0 (S - L~ t S C
and compatibility of your project, if you wish to amend your
ndations of the Historic Review Board, we encourage you to
Building Department.
w_
Historic Revlew oard Signature
G1comm-devlCommissions & CommitteesWistoric CommissionNisc Admin-FORMSIReview Form - Historic Review Board.doc
5/15/2014
I June 10, 2014
i
Ashland Plamiing Department
Application for Traveler's Accommodations
162 N. Pioneer St., Ashland, OR
I request permission to use the upstairs of my property at 162 N. Pioneer Street for a vacation rental (travelers
accommodations) and I am applying for a Conditional Use Permit and following all of the guidelines to show
that we are in compliance with Ashland's Municipal Codes. I am applying for only ONE unit, the upstairs which
is 384 sq. feet and a common area on the enclosed front porch which is 256 square feet, a total of 640 square
feet. I am the owner of the property and business and have lived there over 12 years and have been a resident of
Ashland for 41 years.
The lot is zoned R-2.
Criteria from Section 18-104-05:
162 N. Pioneer is in a wonderful energetic diverse neighborhood, not a sleepy residential area. My antique
re
is downstairs which I open only sporadically (I am 98) and all these years customers NEVER park in back, onl
y
on the street in the space in front of the building or down the street. Hopefully one day my daughters will con-
tinue to keep it open long enough to get rid of all the stuff I've been collecting for most of my life. 162 N. Pio-
neer is in a mixed use neighborhood, across the street is Ruby's Restaurant and neat to that is Town and Country
Cleaners. Next door to me is a monstrous home that takes up most of the visual space and to my other side is
Vocational Resource Consultants with apartments upstairs and in a separate unit in back is a two story rental.
On the corner is the City parking lot.
Having a vacation rental will not impact the area any differently than it does now. It would be occupied much
less than 365 days a year, especially in the winter I doubt anyone would be up there. It's the most perfect location
for tourists to walle to the Festival, the Ashland Food Co-op, restaurants and retail stores. The only reason guests
would need to get in their car would be to leave town! imp would be MUCH less to month and short term renters wouldiit adversely affrneou na ighborh o&ss water usage, st
renting month
electricity as much as a long term renter would. Also, there is NO kitchen in the proposd rent
orm al. I don't drive so
there would only be ONE car unless I had a visitor like my sons (who live out of state) or my daughter or sister
(who live on the other side of town). There would NEVER be more than 3 vehicles (there isn't room) and the
would only be there for a short duration. they
Ashland Municipal Code, Section 18.24.030.J, all of which have been met:
® I am the sole owner of the business and own and live on the property and have for 12 years.
® The primary residence is 111 feet from B Street and the same distance from Lithia Way.
® I ain requesting ONE unit. Lot size is 7,680 - 1,800 = 4.26 units
* The total square footage of the upstairs is 384 and the common area is 256 for a total of 640 s. ft.
* The primary residence is 124 years old having been built in 1890. q
There are only three spaces for parking which meet the space criteria. I do not drive or own a car.
* I don't plan on putting up any signage but if we do in the future it will follow all the size and place rodu irements.
My heirs will adhere to all the requirements and conditions that are approved by the City.
* I will not be serving food of any kind so an annual 6ac,;1i 1 t inspection will not be required.
® We have consulted with Chief Margarette Hickman from. Ashland Fire m d tcescue who stated that because the
commercial business has long been established and licensed, no additional interior sprinkler system is required.
® All smoke detectors and fire extinguishers are updated and in place.
® I have been purchasing and receiving a business license during my entire tenure here.
® I will apply for and pay the Transient and Occupancy Tax.
® I will include the City of Ashland Planning action number when I advertise.
® I have tallied with all my neighbors to notify them they will be receiving a notice about this request and all of
them are smitten by me and my plan.
If you have any further questions, please call Sarah Berman 541-482-9807
Thank you for your consideration in this matter.
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Sincerely,
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Sarah Berman
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SITE PLAN
162 N. Pioneer St.
Shed Sarah Berman
3 Parking R-2 Zoning
S ots Lot Size: 7,650. SF
Grape 9 x 15'
Arbor
hose bib 32.0 lawn
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+ Porch Common 1,0
Area 256.0 SF n
- 640.O S I-
Second Floor a° Porch
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Planning Division
ZONING PERMIT APPLICATION
y 51 Winburn Way, Ashland OR 97520
-AiSaLAN D 541-488-5305 Fax 541-488-6006 FILE # - d t1 (N~ ~D
DESCRIPTION OF PROJECT
DESCRIPTION OF PROPERTY
Pursuing LEED® Certification? ❑ YES ❑ NO
Street Address 41-,
Assessor's Map No. 391E P ->A- ,
ax Lot(s)
T00
Zoning
Comp Plan Designation
APPL_ GANT t
Name
P ~/GVlf1~ t/( Phone
E-Mail "
Address
f1
Clty ZI l!
PROPERTY OWNER
Name- _
Phone Q
E -Mail
Address 1,0Ve.Csh C City t-.c,
SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER Zip~~-_.)
Title Name
Phone E-Mail
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
all true and correct. /understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown
or their
location found to be incorrect, the owner assumes full responsibility. I further understand that if this request is subsequently contested,
establish: the burden will be on mecto
1) that I 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
be remo d at my expense. If i have any doubts, I am advised to seek competent professional advice and assistance.
Applicant's Signature Date
ow
owner of the property involved in this request, I have read and understood the complete application and its consequences to me as a property
owner.
Property Owner's Signature (required) yip - ~f
Date e
[To be completed by Q y Staff]
Date Received
Zoning Permit Type
- Filing Fee $
OVER N
Glcomm-devlplanningTorms & Handouts\Zoning Permit Applicadon.doc
I i
11
Job Address: 162N PIONEER Contractor:
ASHLAND OR 97520 Address:
C
Owner's Name: BERMAN AUSANDRA 0 Phone:
State Lie No:
Customer 00610
L BERMAN AL/SANDRA City Lie No:
Applicant: 67 SCENIC DR P
Address: ASHLAND OR 97520 A
Sub-Contractor:
A Phone: T Address:
Applied: 06/10/2014
T Issued:
Expires: 12/07/2014 f Phone:
State Lie No:
Maplot: City Lie No:
DESCRIPTION: CUP for Travelers Accomodation
VALUATION
Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description
Total for Valuation:
MECHANICAL
ELECTRICAL 1
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.ashiand.or.us
(CITY OF
Inspection Request Line: 541-552-2080
-ASHLAND
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
(180 days). Development Fees: $ 0.00 $ 0.00
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: $ 998.00 $ 998.00
or local laws, ordinances, or regulations rests solely with the
applicant. Sub-Total: $ 998.00
Fees Paid: $ 998.00
Applicant Date Total Amount Due: $ 0
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 SHLAND