HomeMy WebLinkAboutMorton_83_PA-2015-01504
CITY F
,yXSHLAND
November 12, 2015
Notice of Final Decision
On November 12, 2015, the Community Development Director approved the request for the following:
Planning Action: 2015-01504
Subject Property: 83 Morton Street
Applicant: Arthur Fortgang
Description: A request for Site Design Review and a Conditional Use Permit to operate a
Travelers' Accommodation at the subject property, which is located in the Siskiyou-Hargadine Historic
District. The structure where the Travelers' Accommodation is proposed does not meet standard setbacks.
Furthermore, the applicant's are requesting a single on-street parking credit. COMPREHENSIVE PLAN
DESIGNATION: Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP: 39 lE 09AC; TAX
LOT: 12900.
The Community Development Director's decision becomes final and is effective on the 12'h day after the
Notice of Final Decision is mailed. Approval is valid for a period of 18 months 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) 18.5.1.050(F)
and/or file an appeal to the Ashland Planning Commission as provided in ALUO 18.5.1.050(G). 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 Zechariah Heck in the Community
Development Department at (541) 488-5305.
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cc: Parties of record and property owners within 200 ft
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305
51 Winbum Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
SECTION 18.5.1.050 Type I Procedure (Administrative Decision with Notice)
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E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to
subsection 18.5.1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision.
F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below.
1. Any parry entitled to notice of the planning action, or any City department 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.
2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall
decide within three days whether to reconsider the matter.
3. If the 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 days to affirm, modify, or reverse
the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any
party entitled to notice of the planning action.
4. 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.
G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following:
L Who May Appeal. The following persons have standing to appeal a Type I decision.
a. The applicant or owner of the subject property.
b. Any person who is entitled to written notice of the Type I decision pursuant to subsection
18.5.1.050.B.
c. Any other person who participated in the proceeding by submitting written comments on the application to the
City by the specified deadline.
2. Appeal Filing Procedure.
a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.050.G.1, above, may
appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of
this subsection. 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. If an appellant prevails at the
hearing or upon subsequent appeal, the fee for the initial hearing shall be refunded.
b. Time for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of
decision is mailed.
c. Content of Notice of Appeal. The notice of appeal shall be accompanied by the required filing fee and shall
contain.
i. An identification of the decision being appealed, including the date of the decision.
ii. A statement demonstrating the person filing the notice of appeal has standing to appeal.
iii. A statement explaining the specific issues being raised on appeal.
iv. A statement demonstrating that the appeal issues were raised during the public comment period.
d. 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.
3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before
the Planning Commission. The appeal shall not be limited to the application materials, evidence and other
documentation, and specific issues raised in the review leading up to the Type I decision, but may include other
relevant evidence and arguments. The Commission may allow additional evidence, testimony, or argument
concerning any relevant ordinance provision.
4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type II public hearing procedures,
pursuant to section 18.5.1.060, subsections A - E, except that the decision of the Planning Commission is the final
decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the
adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of
Appeals, pursuant to ORS 197.805 - 197.860.
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 DEPARTMENT
FINDINGS & ORDERS
PLANNING ACTION: PA-2015-01504
SUBJECT PROPERTY: 83 Morton St
OWNER/APPLICANT: Arthur Fortgang
DESCRIPTION: A request for Site Design Review and a Conditional Use Permit to operate a
Travelers' Accommodation at the subject property, which is located in the Siskiyou-Hargadine Historic
District. The structure where the Travelers' Accommodation is proposed does not meet standard
setbacks. Furthermore, the applicant's are requesting a single on-street parking credit.
COMPREHENSIVE PLAN DESIGNATION: Multi-Family Residential; ZONING: R-2;
ASSESSOR'S MAP: 39 lE 09AC; TAX LOT: 12900.
SUBMITTAL DATE: August 6, 2015
DEEMED COMPLETE DATE: October 22, 2015
STAFF APPROVAL DATE: November 12, 2015
FINAL DECISION DATE: November 24, 2015
APPROVAL EXPIRATION DATE: May 24, 2017
DECISION
The subject property is located at 83 Morton Street, Assessor's map 391E 09AC, tax lot 12900. The tax
lot is within the Siskiyou-Hargadine Historic District and is zoned R-2, Low-Density Multi-Family
Residential. The property is uniquely shaped and has alley access on the southwest property line and street
frontage on the west side of Morton Street. All surrounding properties are within the R-2 zoning district.
According to Jackson County records, the property is approximately 9,040 square feet in area.
There are two structures on the property, a 1,850 square foot main residence and a 432 square foot detached
structure. The main residence was constructed circa 1904 and the detached accessory unit was, according to
the National Register of Historic Places, built circa 1940. Both structures have had significant exterior
remodels, and, subsequently, are listed as "Historic Non-Contributing" structures on the National Register
of Historic Places. The application proposes to operate a single Travelers' Accommodation in the
detached accessory unit. As proposed, there are no physical changes to the structures or the layout of the
property.
The Municipal Code contains specific requirements for the conversion of residential uses to Travelers'
Accommodations. Such requirements include that the business owner shall live on-site during the rental;
that the structure be at least 20 years old; that the structure be within 200 feet of an arterial or collector
street; and that the Travelers' Accommodation have an average area of 400 square feet available per
guest unit. The applicants have submitted materials to the Planning Department that demonstrate
compliance with these approval standards and with the criteria within the Conditional Use section of the
Ashland Municipal Code. They note that the applicants will remain the owners/managers of the property
and it will serve as their primary residence. Apparent through the application submittal, the applicants
are aware of the requirement to obtain a business license subsequent to Conditional Use Permit
approval. A condition of approval will be added to ensure this criterion is met. Furthermore, the
application emphasizes the subject property is correctly zoned and is located on Morton Street, a
neighborhood collector street. Also stated in the application submittal, the primary residence on the
property was built circa 1905 and that the 9,040 square foot lot area can accommodate the requested
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single unit Travelers' Accommodation. The proposed Travelers' Accommodation unit will exceed the
minimum 400 square foot size requirement.
The applicant's proposal to operate a single Travelers' Accommodation requires three parking spaces.
As identified on the applicant's site plan, the property has adequate space for two off-street parking
spaces. To meet the requirement for three parking spaces, the applicant requested an on-street credit. In
Staff s determination, the property could not accommodate an additional parking space without
significant reconfiguration of the site's landscaping and tree removals. Additionally, the property has
more than the required 22 feet of curbside to accommodate an on-street parking space. During a site visit
by Staff, it was noted that Morton Street does have a reasonable amount of open curbside spaces to
accommodate on-street parking. Therefore, Staff has granted an on-street parking for the applicants in
order to meet the three required parking spaces for the Travelers' Accommodation.
The applicant's emphasize they anticipate no significant change in water, sewer or electrical usage.
Additionally, the applicable City departments have not expressed any concern with the applicant's
proposal. The site is within walking distance of downtown and, due to the proximity of East Main Street,
using public transportation is a viable option. Therefore, the applicant's anticipate their guests to
generate few vehicle trips. Since there are no exterior changes proposed in the application, it is clear that
the proposal will not have a negative effect on the impact area vis-a-vis architectural compatibility, air
quality, generation of noise, light and glare, and the development of adjacent properties.
Lastly, the application complies with all of the applicable provisions of the R-2 zoning district. The
property is located within the Historic District, but the application involves no exterior changes and will
therefore not impact the historic design or integrity of the impact area. The proposal does not involve
any changes to the building placement, orientation or design. No trees are proposed to be removed. It is
the opinion of Staff that the property has adequate landscaping to meet all standards in AMC 18.4.4. As
previously stated, the introduction of a Travelers' Accommodation at the subject property will have
minimal impact on public facilities. A condition has been added below speaking to the requirements of
signs in a residential neighborhood.
The approval criteria for a Travelers' Accommodation are detailed in AMC 18.2.3.220 as follows:
Where travelers' accommodations and accessory travelers' accommodations are allowed, they require a
Conditional Permit under chapter 18.5.4, are subject to Site Design Review under chapter 18.5.2, and shall meet
the following requirements. See definitions of travelers' accommodation and accessory travelers'
accommodation in part 18-6.
A. Travelers' Accommodations and Accessory Travelers' Accommodations. Travelers' accommodations and
accessory travelers' accommodations shall meet all of the following requirements.
1. An accommodation must meet all applicable building, fire, and related safety codes at all times and
must be inspected by the Fire Department before occupancy following approval of a Conditional Use
Permit and periodically thereafter pursuant to AMC 15.28.
2. The business-owner of a travelers' accommodation or the property owner of an accessory travelers'
accommodation must maintain a City business license and pay all transient occupancy tax in
accordance with AMC 4.24 and AMC 6.04 as required.
3. Advertising for an accommodation must include the City planning action number assigned to the land
use approval.
4. Offering the availability of residential property for use as an accommodation without a valid
Conditional Use Permit approval, current business license and transient occupancy tax registration is
PA-2015-01504
83 Morton Street - zgh
Page 2
prohibited and shall be subject to enforcement procedures.
B. Travelers' Accommodations. In addition to the standards described above in section 18.23.220.A,
travelers' accommodations shall meet all of the following requirements.
1. The property is located within 200 feet of a boulevard, avenue, or neighborhood collector as identified
on the Street Dedication Map in the Comprehensive Plan. Distances to the property from a boulevard,
avenue, or neighborhood collector shall be measured via a public street or public alley to a lot line.
2. During operation of a travelers' accommodation, the property on which the travelers' accommodation
is sited must be the primary residence of the business-owner. "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 must 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 has actual
ownership of the business and is wholly responsible for all operations associated with the
accommodation, and has actual ownership of the business.
3. The primary residence on the site must 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
setback and lot coverage standards of the underlying zone.
4. The number of travelers' accommodation units allowed shall be determined by the following criteria.
G. The total number of units, including the business-owner's unit, shall be determined by dividing the
total square footage of the lot by 1,800 square feet. Contiguous lots under the some 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
nine per approved traveler's accommodation with primary lot frontage on boulevard streets. For
travelers' accommodation without primary lot frontage on a designated boulevard, but within
200 feet of a boulevard, avenue, or neighborhood collector street, the maximum number of units
shall be seven. Street designations shall be as determined by the Street Dedication Map in the
Comprehensive Plan. Distances to the property from a boulevard, avenue, or neighborhood
collector shall be measured via a public street or public alley to a lot line.
b. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at
least 400 square feet of gross interior floor space remaining per unit.
5. Each accommodation must have one off-street parking space and the business-owner's unit must
have two parking spaces. All parking spaces shall be in conformance with chapter 18.4.3.
6. Only one ground or wall sign, constructed of a non-plastic material, non-interior illuminated, and a
maximum of six square feet total surface area is 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 accordance with subsection 18.4.4.050.0.1.
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. Transfer of business-ownership of a travelers' accommodation shall be subject to all requirements of
this section and conform with the criteria of this section. Any further modifications beyond the
existing approval shall be in conformance with all requirements of this section.
The approval criteria for a Conditional Use Permit are detailed in AMC 18.5.4.050.A as follows:
A Conditional Use Permit shall be granted if the approval authority finds that the application meets all of the
following criteria, or can be made to conform through the imposition of conditions.
1. 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.
PA-2015-01504
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2. That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access
to and throughout the development, and adequate transportation can and will be provided to the subject
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property.
3. 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, pursuant with
subsection 18.5.4.050.A.5, below. 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.
a. Similarity in scale, bulk, and coverage.
b. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass
transit use are considered beneficial regardless of capacity of facilities.
c. Architectural compatibility with the impact area.
d. Air quality, including the generation of dust, odors, or other environmental pollutants.
e. Generation of noise, light, and glare.
f. The development of adjacent properties as envisioned in the Comprehensive Plan.
g. Other factors found to be relevant by the approval authority for review of the proposed use.
4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to
this ordinance.
5. For the purposes of reviewing conditional use permit applications for conformity with the approval criteria
of this subsection, the target uses of each zone are as follows [a, b, d - 1, not included as not applicable],
c. R-2 and R-3. Residential use complying with all ordinance requirements, developed at the density
permitted by chapter 18.2.5 Standards for Residential Zones.
The approval criteria for Site Design Review are detailed in AMC 18.5.2.050 as follows:
An application for Site Design Review shall be approved if the proposal meets the criteria in subsections A, B, C,
and D below. The approval authority may, in approving the application, impose conditions of approval,
consistent with the applicable criteria.
A. Underlying Zone. The proposal complies with all of the applicable provisions of the underlying zone (part
18.2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor
area, lot coverage, building height, building orientation, architecture, and other applicable standards.
B. Overlay Zones. The proposal complies with applicable overlay zone requirements (part 18.3).
C. Site Development and Design Standards. The proposal complies with the applicable Site Development and
Design Standards of part 18.4, except as provided by subsection E, below.
D. City Facilities. The proposal complies with the applicable standards in section 18.4.6 Public Facilities, and that
adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and
throughout the property, and adequate transportation can and will be provided to the subject property.
E. Exception to the Site Development and Design Standards. The approval authority may approve exceptions to
the Site Development and Design Standards of part 18.4 if the circumstances in either subsection 1 or 2,
below, are found to exist.
1. There is a demonstrable difficulty meeting the specific requirements of the Site Development and Design
Standards due to a unique or unusual aspect of an existing structure or the proposed use of a site; and
approval of the exception will not substantially negatively impact adjacent properties; and approval of the
exception is consistent with the stated purpose of the Site Development and Design; and the exception
requested is the minimum which would alleviate the difficulty.; or
2. There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will
result in a design that equally or better achieves the stated purpose of the Site Development and Design
Standards.
PA-2015-01504
83 Morton Street - zgh
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In Staff's review, the application with the attached conditions meets all applicable criteria for approval
of a Travelers' Accommodation, Conditional Use Permit and Site Design Review.
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Planning Action # 2015-01504 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 #2015-
01504 is denied. The following are the conditions and they are attached to the approval:
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1. That all proposals of the applicant be conditions of approval unless otherwise modified here.
2. That the Travelers' Accommodation shall meet all applicable building, fire, and related safety
codes at all times, and shall be inspected by the Fire Department before commencing operations f
and periodically thereafter pursuant to AMC 15.28.
3. 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.'
4. That the applicants shall obtain and maintain a city business license and register for and pay all
transient occupancy tax as required in AMC 4.24 and AMC 6.04 prior to operation of the
Travelers' Accommodation.
5. That only one wall or ground sign is permitted on site in conjunction with the Traveler's
Accommodation. The sign shall be constructed out of a non-plastic material, shall not be
internally illuminated, shall have a maximum sign area of six square feet and a maximum overall
height of five feet. Any exterior illumination shall not direct light on to any adjacent residential
uses. A sign permit demonstrating compliance with these conditions and with the regulations in
the Ashland Municipal Code section 18.2.3.220.F and chapter 18.4.7 shall be obtained prior to
the placement of any signage on the property.
6. That the subject property shall remain the primary residence of the applicants as business-
owners, and evidence of primary residence (i. e. valid Oregon Divers Licenses or Identification
Card reflecting this address) shall be provided for the review of the Staff Advisor prior to the
commencement of the use as required in AMC section 18.2.3.220.A.
7. That any advertisement for the Travelers' Accommodation unit must include the City of Ashland
Planning Action number assigned to this city land use approval (i.e., PA#2015-01504).
8. That a transfer of business-ownership of the Travelers' Accommodation shall be subject to all
requirements of this section and conform with the criteria of this section. If any changes under a
transfer of business-ownership do not comply with the Land Use Ordinance, a new Conditional
Use Permit and/or other planning actions may be required as determined by Planning Staff.
2 2015
November 1
Director Date
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PA-2015-01504
83 Morton Street - zgh
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 November 12, 2015 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 #2015-01504, 83 Morton St. NOD.
u>
Signat e of Employee
Dmumend 11/12/2015
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PA-2015-01504 391E09AC 12000 PA-2015-01504 391E09AC 11800 PA-2015-01504 391E09DB 14700
ATCHLEY CAROL J ET AL BENEVENTI CLIFF BLAZEJ LUCIAN R TRUSTEE ET AL
83 DEWEY ST 95 DEWEY ST 50 LAIDLEY STREET
ASHLANDOR 97520 ASHLANDOR 97520 SAN FRANCISCOCA 94131
PA-2015-01504 391E09DB 13400 PA-2015-01504 391E09AC 12800 PA-2015-01504 39IE09DB 13200
BOEHNKE JOHN E/SUSAN DELUCA RONALD TRUSTEE ET AL FIRST CONGREGATIONAL UNITED
812 BLAINE ST 725 ROYAL AVE 717 SISKIYOU BLVD
ASHLANDOR 97520 MEDFORDOR 97504 ASHLANDOR 97520
E PA-2015-01504 391E09AC 12900 PA-2015-01504 391E09AC 12101 PA-2015-01504 391E09DB 14000
FORTGANG ARTHUR S TRUSTEE ET GANIO MICHAEL J GODWIN RICHARD R
83 MORTON ST 150 STEVENS RD 117 MORTON ST
ASHLANDOR 97520 LEBANONNH 03766 ASHLANDOR 97520
PA-2015-01504 391E09DB 14200 PA-2015-01504 391E09DB 14400 PA-2015-01504 391E09DB 14300
GOLDEN NANCY J TRUSTEE ET AL HEIMANN WILLIAM B TRUSTEE ET HERBST CHRIS/AMY
671 SISKIYOU BLVD 647 SISKIYOU BLVD 657 SISKIYOU BLVD
ASHLANDOR 97520 ASHLANDOR 97520 ASHLANDOR 97520 [
[I'
PA-2015-01504 391E09DB 13800 PA-2015-01504 391E09AC 11900 PA-2015-01504 391E09AC 12100;
HUTCHINSON GEORGE/GWENDOLYN KWIATKOWSKI PAUL LANGLEY JOAN M/P J BUCKLEY
801 BLAINE ST 1517 S IVY ST 71 DEWEY ST'
ASHLANDOR 97520 MEDFORDOR 97501 ASHLANDOR 97520
PA-2015-01504 391E09DB 14600 PA-2015-01504 391E09DB 13900 PA-2015-01504 391E09DB 14500
LARSON HELEN L TRUSTEE FBO LLOYD THOMAS W/LLOYD SUSAN G O'BOYLE ANN L
27470 LOMA DEL REY P O BOX 425 641 SISKIYOU BLVD
CARMELCA 93923 ASHLANDOR 97520 ASHLANDOR 97520
PA-2015-01504 391E09DB 13300 PA-2015-01504 391E09AC 12701 PA-2015-01504 391E09DB 14100
TERRILE JAMES L THONUVEES MARTIN J TRUSTEE WOOD GREGORY
21009 SNAG ISLAND DR 549 AUBURN 18413 DANEY ST
LAKE TAPPSWA 98391 ASHLANDOR 97520 ROWLAND HEIGHTSCA 91748
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Planning Department, 51 Winbuii, Jay, Ashland, Oregon 97520 CITY
/ 541-488-5305 Fax: 541-552-2050 www,ashland,or.us TTY: 1-800-735-2900 ASHLAND
NOTICE OF APPLICATION
PLANNING ACTION: PA-2015-01504
SUBJECT PROPERTY: 83 Morton St
OWNER/APPLICANT: Arthur Fortgang
DESCRIPTION: A request for Site Design Review and a Conditional Use Permit to operate a Travelers' Accommodation at
the subject property, which is located in the Siskiyou-Hargadine Historic District, The structure where the Travelers'
Accommodation is proposed does not meet standard setbacks. Furthermore, the applicant's are requesting a single on-
street parking credit. COMPREHENSIVE PLAN DESIGNATION: Multi-Family Residential; ZONING: R-2; ASSESSOR'S
MAP: 391 E 09AC; TAX LOT: 12900,
NOTE: The Ashland Historic Commission will also review this Planning Action on Wednesday, November 4, 2015 at 6:00 PM in the Community
Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way.
NOTICE OF COMPLETE APPLICATION: October 22, 2015
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: November 5, 2015
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SUBJECT PROPERTY
83 Morton Street
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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 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 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.
SITE DESIGN AND USE STANDARDS`
18.5.2.050
The following criteria shall be used to approve or deny an application:
A. Underlying Zone: The proposal complies with all of the applicable provisions of the underlying zone (part 18.2), including but not limited to: building and
yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable
standards.
B. Overlay Zones: The proposal complies with applicable overlay zone requirements (part 18.3),
C. Site Development and Design Standards: The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as
provided by subsection E, below,
D. City Facilities: The proposal complies with the applicable standards in section 18.4.6 Public Facilities and that adequate capacity of City facilities for
water, sewer, electricity, urban storm drainage, paved access to and throughout the property and adequate transportation can and will be provided to the
subject property.
E. Exception to the Site Development and Design Standards. The approval authority may approve exceptions to the Site Development and Design
Standards of part 18.4 if the circumstances in either subsection 1 or 2, below, are found to exist.
1. There is a demonstrable difficulty meeting the specific requirements of the Site Development and Design Standards due to a unique or unusual
aspect of an existing structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent
properties; and approval of the exception is consistent with the stated purpose of the Site Development and Design; and the exception requested is
the minimum which would alleviate the difficulty.; or
2. There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better
achieves the stated purpose of the Site Development and Design Standards.
CONDITIONAL USE PERMITS
18.5.4.050.A.
A Conditional Use Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform
through the imposition of conditions.
1. 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.
2. That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the development, and
adequate transportation can and will be provided to the subject property.
3. 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, pursuant with subsection 18.5.4.050.A.5, below. 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,
a. Similarity in scale, bulk, and coverage.
b. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless
of capacity of facilities.
c. Architectural compatibility with the impact area.
d. Air quality, including the generation of dust, odors, or other environmental pollutants,
e. Generation of noise, light, and glare.
f. The development of adjacent properties as envisioned in the Comprehensive Plan.
g. Other factors found to be relevant by the approval authority for review of the proposed use.
4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance.
5. For the purposes of reviewing conditional use permit applications for conformity with the approval criteria of this subsection, the target uses of each zone
are as follows,
a, WR and RR. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for
Residential Zones,
b. R-1. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential
Zones.
c. R-2 and R-3, Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for
Residential Zones.
d. C-1. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio,
complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all
ordinance requirements,
e, C-1-D. The general retail commercial uses listed in chapter 1822 Base Zones and Allowed Uses, developed at an intensity of 1.00 gross floor to
area ratio, complying with all ordinance requirements,
f. E-1. The general office uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0,35 floor to area ratio, complying
with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0,50 floor to area ratio, complying with all ordinance
requirements.
g. M-1. The general light industrial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, complying with all ordinance requirements.
h. CM-C1. The general light industrial uses listed in chapter 18,3.2 Croman Mill District, developed at an intensity of 0.50 gross floor to area ratio,
complying with all ordinance requirements.
i. CM-OE and CM-MU. The general office uses listed in chapter 18,3.2 Croman Mill District, developed at an intensity of 0.60 gross floor to area,
complying with all ordinance requirements.
GAcomm-dev\planning\Planning Actions\Noticing FolderWailed Notices & S aans\2015\PA-2015-01504.docx
k. CM-NC. The retail commercial uses listed'" 'hapter 18.3.2 Croman Mill District, developed at ar ,nsity of 0.60 gross floor to area ratio, complying
with all ordinance requirements.
1. HC, NM, and SOU. The permitted uses listed in chapters 18.3.3 Health Care Services, 183.5 North Mountain Neighborhood, and 18.3.6 Southern
Oregon University District, respectively, complying with all ordinance requirements.
TRAVELER'S ACCOMMODATIONS
18.2.3.220
Where travelers' accommodations and accessory travelers' accommodations are allowed, they require a Conditional Permit under chapter 18.5.4, are subject
to Site Design Review under chapter 18.5.2, and shall meet the following requirements. See definitions of travelers' accommodation and accessory travelers'
accommodation in part 18-6.
A. Travelers' Accommodations and Accessory Travelers' Accommodations, Travelers' accommodations and accessory travelers' accommodations shall meet
all of the following requirements.
1. An accommodation must meet all applicable building, fire, and related safety codes at all times and must be inspected by the Fire Department before
occupancy following approval of a Conditional Use Permit and periodically thereafter pursuant to AMC 15.28.
2. The business-owner of a travelers' accommodation or the property owner of an accessory travelers' accommodation must maintain a City business
license and pay all transient occupancy tax in accordance with AMC 4.24 and AMC 6.04 as required.
3. Advertising for an accommodation must include the City planning action number assigned to the land use approval.
4. Offering the availability of residential property for use as an accommodation without a valid Conditional Use Permit approval, current business license
and transient occupancy tax registration is prohibited and shall be subject to enforcement procedures.
B. Travelers' Accommodations. In addition to the standards described above in section 18.23.220.A, travelers' accommodations shall meet all of the following
requirements.
1. The property is located within 200 feet of a boulevard, avenue, or neighborhood collector as identified on the Street Dedication Map in the
Comprehensive Plan. Distances to the property from a boulevard, avenue, or neighborhood collector shall be measured via a public street or public alley
to a lot line.
2. During operation of a travelers' accommodation, the property on which the travelers' accommodation is sited must be the primary residence of the
business-owner. "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 must 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 has actual
ownership of the business and is wholly responsible for all operations associated with the accommodation, and has actual ownership of the business.
3. The primary residence on the site must 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 setback
and lot coverage standards of the underlying zone.
4. The number of travelers' accommodation units allowed shall be determined by the following criteria.
a. The total number of units, including the business-owner's unit, shall be determined by dividing the total square footage of the lot by 1,800
square feet. 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 nine per approved traveler's
accommodation with primary lot frontage on boulevard streets. For travelers' accommodation without primary lot frontage on a designated
boulevard, but within 200 feet of a boulevard, avenue, or neighborhood collector street, the maximum number of units shall be seven. Street
designations shall be as determined by the Street Dedication Map in the Comprehensive Plan. Distances to the property from a boulevard,
avenue, or neighborhood collector shall be measured via a public street or public alley to a lot line,
b. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least 400 square feet of gross interior floor
space remaining per unit.
5. Each accommodation must have one off-street parking space and the business-owner's unit must have two parking spaces. All parking spaces shall be
in conformance with chapter 18.4.3.
6. Only one ground or wall sign, constructed of a non-plastic material, non-interior illuminated, and a maximum of six square feet total surface area is
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 accordance with subsection 18.4.4.050.C.1.
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. Transfer of business-ownership of a travelers' accommodation shall be subject to all requirements of this section and conform with the criteria of this
section. Any further modifications beyond the existing approval shall be in conformance with all requirements of this section.
C. Accessory Travelers' Accommodations. In addition to the standards in section 18.2.3.220.A, accessory travelers' accommodations shall meet all of the
following requirements.
1. The operator of the accessory travelers' accommodation must be the property owner and the property must be the operator's primary residence. The
operator must be present during operation of the accessory travelers' accommodation.
2. The property is limited to having one accessory travelers' accommodation unit, covered under a single reservation and consisting of two or fewer
bedrooms. Meals are not provided and kitchen cooking facilities are not permitted with an accessory travelers' accommodation, with the exception of
kitchen cooking facilities for the primary residence.
3. The total number of guests occupying an accessory travelers' accommodation must not exceed two people per bedroom.
4. The property must have two off-street parking spaces. The total number of guest vehicles associated with the accessory travelers' accommodation must
not exceed one.
5. Signs are not permitted in conjunction with the operation of an accessory travelers' accommodation.
G:\comm-dev\planning\Planning Actions\Noticing Folder\Mailed Notices & Signs\2015\PA-2015-01504.docx
I
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 October 22, 2015 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 #2015-01504, 83 Morton.
Signat e of Employee
DocumenQ 10/2212015
i
PA-2015-01504 391 E09AC 12000 PA-2015-01504 391 E09AC 11800 PA-2015-01504 391 E09DB 14700
ATCHLEY CAROL J ET AL BENEVENTI CLIFF BLAZEJ LUCIAN R TRUSTEE ET AL
83 DEWEY ST 95 DEWEY ST 50 LAIDLEY STREET
ASHLAND, OR 97520 ASHLAND, OR 97520 SAN FRANCISCO, CA 94131
PA-2015-01504 391 E09DB 13400 PA-2015-01504 391 E09AC 12800 PA-2015-01504 391 E09DB 13200
DELUCA RONALD TRUSTEE ET AL
BOEHNKE JOHN E/SUSAN FIRST CONGREGATIONAL UNITED
812 BLAINE ST C/O THE VILLAGE APARTMENTS OFFICE CHURCH OF CH
ASHLAND, OR 97520 725 ROYAL AVE 717 SISKIYOU BLVD
MEDFORD, OR 97504 ASHLAND, OR 97520
PA-2015-01504 391 E09AC 12900 PA-2015-01504 391 E09AC 12101 PA-2015-01504 391 E09DB 14000
FORTGANG ARTHUR S TRUSTEE ET AL GANIO MICHAEL J GODWIN RICHARD R
83 MORTON ST 150 STEVENS RD 117 MORTON ST
ASHLAND, OR 97520 LEBANON, NH 03766 :ASHLAND, OR 97520
PA-2015-01504 391 E09DB 14200 PA-2015-01504 391 E09DB 14400 PA-2015-01504 391 E09DB 14300
GOLDEN NANCY J TRUSTEE ET AL HEIMANN WILLIAM B TRUSTEE ET AL HERBST CHRIS/AMY
671 SISKIYOU BLVD 647 SISKIYOU BLVD 657 SISKIYOU BLVD
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-01504 391 E09DB 13800 PA-2015-01504 391 E09AC 11900 PA-2015-01504 391 E09AC 12100
HUTCHINSON GEORGE/GWENDOLYN R KWIATKOWSKI PAUL LANGLEY JOAN M/P J BUCKLEY
801 BLAINE ST 1517 S IVY ST 71 DEWEY ST
ASHLAND, OR 97520 MEDFORD, OR 97501 ASHLAND, OR 97520
PA-2015-01504 391 E09D614600 PA-2015-01504 391 E09DB 13900 PA-2015-01504 391 E09DB 14500
CARSON HELEN L TRUSTEE FBO LLOYD THOMAS W/LLOYD SUSAN G O'BOYLE ANN L
C/0 DONNA SWAN P 0 BOX 425
27470 COMA DEL REY 641 SISKIYOU BLVD
CARMEL, CA 93923 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2015-01504 391 E09DB 13300 PA-2015-01504 391 E09AC 12700 PA-2015-01504 391 E09DB 14100
TERRILE JAMES L THOMMES MARTIN J TRUSTEE WOOD GREGORY
21009 SNAG ISLAND DR 549 AUBURN ST 18413 DANEY ST
LAKE TAPPS, WA 98391 ASHLAND, OR 97520 ROWLAND HEIGHTS, CA 91748
83 Morton
NOC 10/22/2015
21
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Narrative for proposal and request for traveler accommodation approval
83 1/z 1blorton St. Ashland 3 01
Arthur Fortgang
Revised 10/6/15
Our property was purchased with an existing garage apartment. We have made no
outwardly visible changes to this structure. We do not plan to make any outwardly
visible changes in the future.
We request that we be allowed to rent this garage apartment for short-term
vacationers. To that end, we would like to register this property with the City of
Ashland and to be allowed to list it on sites such as VRBO or AirBnB or on sites such
as Craigslist, as permitted by the City for similar traveler accommodation
properties.
This apartment is separate from our larger house, set back from the street, located
in our back yard. It has a separate entrance from our house. The apartment consists
of one bedroom, a kitchen/dining room area, a bathroom, and a living room. It is
approximately 438 square feet, rectangular shaped.
To prepare for this application, we have installed wall-mounted heating units in the
bedroom and living room and we have widened our driveway so that two cars can
easily be parked off the street. We also have ample parking space for two vehicles in
front of our house. j
The primary residence meets the setback requirement, as it is 20 feet from the I
property line in the front, i.e., the sidewalk. The proposed rental does not meet the
setback requirement for the side property line, as it is a two-story building and is
located 4.5 feet from the property line.
Photos of the primary residence, a two-story dwelling 28 feet high, and of the
proposed traveler accommodation, also a two-story dwelling 15 feet high at the
roofline and 18.5 feet high at its peak, are attached.
Also attached are two scaled drawings with dimensions marked in linear feet.
The first shows the lot dimensions, the bordering street and alley, the primary
residence, the existing garage apartment (i.e., the proposed traveler
accommodation), the driveway, two additional permanent structures, and the
existing trees. Please note that the off-street parking space measures 19 feet by 21
feet and is at the end of a long paved driveway.
The second drawing shows the floor plan for the proposed traveler accommodation,
including the living room, bedroom, bathroom, and dining room/entry area. This
space is above the garage and is accessible via an outside stairway.
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Zechariah Hectic
From: Zechariah Heck [zechariah.heck@ashland. or.us]
Sent: Friday, September 11, 2015 5:23 PM
To: 'afortga@yahoo.com'
Subject: Travelers' Accommodation at 83 Morton
Hi Arthur,
Thank you for talking this afternoon. I think we are on the same page concerning what needs to be submitted for the
application to move forward. Like I mentioned on the phone, this email is a follow up explaining what is needed. I
mention a few sections of code that explain the requirements in detail, here is a link to the land use ordinance where
you can find the applicable sections of code (18.5.2.040.6):
http://www.ashland.or.us/SIB/files/AMC Chpt 18 current.pdf
- Scaled site plan identifying lot dimensions, existing structures and their approximate dimensions, parking areas
with dimensions, setback dimensions from property lines of existing structures, etc.
- Architectural drawings showing exterior elevations of structures. If there are no new proposed structures, I am
okay with photos showing the various sides of the buildings and it would be great if you could write in the height
of the buildings.
- Floor plan (which you can sketch) showing bedrooms, kitchens, bathrooms, etc.
- Landscape plan identifying general location of plants/trees.
If you have any questions or concerns, feel free to get in touch with me.
Thank you!
Zechariah Heck, Assistant Planner
City of Ashland, Community Development Department
20 E. Main St., Ashland, OR 97520
541.552.2052 Tel
800.735.2900 TTY
541.552.2050 Fax
f
This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law for disclosure and retention. If you
have received this message in error, please contact me at 541.552.2052. Thank you.
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Zechariah Fleck
From: Zechariah Heck [zechariah.heck@ashland. or.us]
Sent: Tuesday, .August 18 2015 10:36 AM
To: 'afortga@oMail.com' a.
Subject: T-r~ler-s'-Aecomrnoclaton 83 Morton
Hi Arthur,
This email is a follow up to our conversation over the phone on August 18. The application you submitted for a Travelers'
Accommodation is not sufficient to be processed. As noted in the pre-application report, a complete application entails a
scaled site plan, which you did not submit. There is a rough sketch of a site plan that lists out various lineal
measurements, but this is not considered a scaled site plan. Furthermore, the information you provided identifies a
space of 19' x 17' for two parking spaces. The City's standards requires 9' x 18' for a parking space, for two parking
spaces the total minimum space necessary would be 18'x 18'.
If I do not hear from you by August 28, 2015, 1 will send you a formal incomplete letter, which requires you to fill out a
form to inform us how you want to proceed.
If you have any questions, please feel free to contact me.
Thank you,
Zechariah Heck, Assistant Planner
City of Ashland, Community Development Department
20 E. Main St., Ashland, OR 97520
541.552.2052 Tel
800.735.2900 TTY
541.552.2050 Fax
This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law for disclosure and retention. If you
have received this message in error, please contact me at 541.552.2052. Thank you.
I
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Proposal for Travelers' cco mo ation at 83 Y2Morton Street
391 12900
Summary of responses to 18.5.4.5 an 18.2.3.220 Travelers'
Accommodations Approval Criteria
I
Arthur o an , owner/applicant
July 2015
The property on which the proposed Travelers' Accommodation at 83 Y2
Orton Street sits is owned by hr Fort an , who lives in the primary
residence at 3 Morton Street with his wife, Kathryn Thomas. Arthur and
Kathryn will operate the Tr velers' coo o ation together. The proposed
Travelers' cco o ation is situate less than 200 feet from Morton
Street.
Both the primary residence and the dwelling proposed as a Travelers'
Accommodation were constructed circa 1915. o alteration or expansion is
planned,
Located in a multi-family zone, the proposed Travelers' cco o ation is
a garage apartment on the same property but separate from the primary
residence at $3 Morton Street. For the past two-plus decades, 3 % o on
has either been rents to long-term guests such as university students or
use to accommodate visiting friends and family members. No variances or
exceptions would be rewired for this property to convert to from a long-
term to a short-term rental. There will be no change in the configuration o
the existing dwelling. The only change will be a change in use. The lot is
more than 91,000 sure feet, more than adequate t house the two
existing units.
All City services are operating now. The dwelling at 83 2 Y2Morton has its
own meter for electricity ter is share with the primary residence.
Only on Travelers' Accommodation is proposed. The dwelling proposed
as a Travelers' cco o ation contains 43 square feet of interior floor
space. The dwelling is a single unit designed to accommodate one or two
nests. It will be covers under a single reservation. The dwelling contains
one bedroom. It is notequipped with a full kitchen. Instead, there is a sink,
a half-refrigerator, a microwave, an a toaster oven.
The pave -foor wi driveway on the property provides two off-street,
side-by-side parking rats where both vehicles may enter and exit without
blocking on another. There i adequate ors-streetsace in front of the
main residence for the business owner's vehicle an one additional
vehicle.
We o not expect this change in use to generate additional traffic. Guests
who currently use the dwelling typically rive to the site an ark their car
in the riveway. T dwelling is locate in a pedestrian-friendly
neighborhood with sidewalks, 90 yards from iskiyou Boulevard. path
through the cemetery provides a short cut t Ashland's downtown area. It
is are easy walk t the a en rocs store or tote Rogue Valley
Roasting Company. Adjacent properties have already been developed.
simple change in usage from long-term to short-term rental is not
expected to result i the generation of additional dust, odors, or pollutants,
nor o we anticipate additional noise, light, or glare.
Fire Department inspection is planned. Currently the dwelling contains
smoke detectors in the bedroom an hallway, a recently-serviced, wall-
mounted fire extinguisher, an a fold-out ladder that may be use a an
escape through one of the two o na l bedroom windows. There is no
carbon monoxide source in or near the dwelling. The two electric ceramic
space heaters are secure to walls. An evacuation route diagram is posted
by the ens door next to the emergency plan, which contains the home
address, the -1-1 number, an the locations of the fire extinguisher an
the old-out ladder. Landscaping near the dwelling consists of several live,
well established trees.
also plan an inspection by the Jackson County Health Department. All
recommendations will be implemented.
No sign is currently planned for the Travelers' cc ation. Street
numbers inches in height are outs in a lace where they are visible
from the street.
i
t)FFICIAL USE ONLY
FILE NO.
FEE PAID:
COUNTY, JACKSON OREGON RECEIPT NO.
APPLICATION TYPE:
TYPE APPLICATION APP. RECEIVED BY:
DATE RECEIVED:
(Please print in black ink, or type all ZONING:
information except where a signature is required)
Legal description of subject property:
Township Range Section Tax Lot Acreage
Township Range Section Tax Lot Acreage
Street Address of the Property:
What is the Zoning of the Subject Property? d,eA; A-
Is the purpose of this application to complete a Measure 49 Approval? ❑ YES CN'NO
NOTE: Applications for review and approval of all development proposals may be initiated by the
property owner, purchaser under a recorded land sale contract, condemner who has been
granted immediate possession by a court of competent jurisdiction, agent duly authorized in
writing, or a public agency. i
PROPERTY OWNER: APPLICANT:
AT TIME APPLICATION IS SUBMITTED IF OTHER THAN PROPERTY OWNER
NAME: k~fllAf'Z/C~d.rt Gf NAME:
MAILING ADDRESS: S3 /Ro r LPI Oft /r MAILING ADDRESS:
CITY: CITY:
STATE: co f ® zip: l'-~~ 5 ? o STATE: ZIP:
DAYTIME P ONE:
l~ DAYTIME PHONE:
EMAILADDRESS: EMAIL ADDRESS:
AGENT: OTHER:
IF OTHER THAN APPLICANT SPECIFY:
NAME: NAME:
MAILING ADDRESS: MAILING ADDRESS:
CITY: CITY:
STATE: ZIP: STATE: ZIP:
DAYTIME PHONE: DAYTIME PHONE:
EMAIL ADDRESS: EMAIL ADDRESS:
IF AN AGENT, APPLICANT, OR "OTHER" IS ACTING ON BEHALF OF THE OWNER OR PURCHASER,
A SIGNED STATEMENT OF OWNER AUTHORIZATION MUST BE SUBMITTED WITH THIS
APPLICATION. THIS APPLICATION MUST BE ACCOMPANIED BY AN ACCURATE PLOT PLAN (MAP).
SEE USER'S GUIDE FOR ASSISTANCE. THE BURDEN OF PROOF FOR APPROVAL OF AN
APPLICATION RESTS WITH THE APPLICANT. YOU MUST PROVIDE DOCUMENTATION REGARDING
THE PROPERTY AND APPLICATION CRITERIA IN SUFFICIENT DETAIL AND ACCURACY TO ENABLE
THE DEPARTMENT TO FIND THAT YOUR APPLICATION COMPLIES WITH ALL APPLICABLE
APPROVAL CRITERIA.
Type 2 Application Page -2-
On the following pages, describe how your application complies with the criteria identified as
applicable below:
Public Utilities: Tax lot(s) 3q l E0e4 A-0- / Jo is served by:
❑ an on site septic system ® public sewer (RVSS) ❑ community sewer
❑an on site well Wmunicipal water ❑ community water
wphone service eelectric service cD'other utilities (e.g., gas)
❑ Irrigation District serves the property.
Please list any easements for access or utilities that benefit or cross the property (attach copies of all
applicable easements to your application)
PLEASE NOTE: All easements must be identified on plot plans and land division plans submitted for
zoning permit review.
APPLICANT SUPPORTING INFORMATION
Describe your proposal a Le>"~ r . ce 'o e, 07C U
Please describe the existing uses on adjacent properties (livestock, orchard, or residential, etc.):
r
/a~.~i~~
North:
East:
South: /C1'`G{~~acU(' l~aa`L S
~t
West:
Type 2 Applications Within Resource Zones (EFU, FR, WR, OSR, AR) (LDO Section 4.2.3)
APPLIES ® DOES NOT APPLY - GO TO "Additional Criteria"
A) If the subject property is within a resource zone, explain why the proposal will not force a significant
change in accepted farm or forest practices on surrounding lands devoted to farm or forest use;
Note: Additional information may be submitted on 8 Vx 11 inch white paper
Type 2 Application Page -3-
ANSWER:
j
I
B) If the subject property is within a resource zone, explain why the proposal will not significantly
increase the cost of accepted farm or forest practices on surrounding lands devoted to farm or
forest use.
ANSWER:
Forest Resource Zone (FR, WR, OSR) (Loo Section 4.3.4) Dwellings and Structures must also comply with
the siting standards of LDO Section 4.3.12.
El APPLIES DOES NOT APPLY - GO TO "Additional Criteria"
If the subject property is within a forest zone, explain why the proposal will not significantly increase
fire hazard or significantly increase fire suppression costs or significantly increase risks to fire
suppression personnel. Further, it must be demonstrated that the use will comply with the fire
safety requirements of Section 8.7.
ANSWER:
ADDITIONAL CRITERIA
List any additional Criteria, specific to type of use. (Attach extra pages as needed)
Additional criteria findings attached (list):
No additional criteria are applicable to this application
THIS APPLICATION WILL NOT BE OFFICIALLY ACCEPTED UNTIL DEPARTMENT STAFF
DETERMINES THE APPLICATION HAS BEEN COMPLETELY FILLED OUT, ALL APPLICABLE
CRITERIA HAVE BEEN ADDRESSED, THE PLOT PLAN MAP IS CONSISTENT WITH THE
REQUIREMENTS LISTED IN THE USER'S GUIDE, AND ALL FEES ARE PAID. THE DEPARTMENT
WILL ADVISE IN WRITING IF THE APPLICATION AND/OR MAP IS UNACCEPTABLE.
Note: Additional information may be submitted on 8 % x 11 inch white paper
i
Type 2 Application Page -4-
THIS APPLICATION IS HEREBY SUBMITTED AND THE STATEMENTS AND INFORMATION HEREIN
CONTAINED ARE IN ALL RESPECTS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE
AND BELIEF.
APPLICANT(S): /
Print Name: ar ~z-4 o Gy1 )C r
Signature:
Date: t" , /r L~
AGENT: OWNER or CONTRACT PURCHASER:
Print Name: (See Attached Form)
Signature:
Date:
I
Note: Additional information may be submitted on 8 % x 11 inch white paper
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WAS!
I \l ZONING IT APPLICATION
Planning Division j
# Y a 51 Winburn Way, Ashland OR 97520 FILE #
ASHLAND 541-488-5305 Fax 541-488-6006
r ~ ~ /a I
DESCRIPTION OF PROJECT U`t' GC'Y J c c?f~"rL Cf/~ fi ' t~
DESCRIPTION OF PROPERTY Pursuing LEED® Certification? ❑ YES D-KO
Street Address
Assessor's Map No. 391 E _ Tax Lot(s)
Zoning r l r r i ii r' Comp Plan Designation i' - J '4t" _'I "v
APPLICANT
x
Name Phone E-Mail
Address City Zip
PROPERTY OWNER
Name Phone E-Mail
Address City Zip
SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER
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 in all respects,
true and correct. I understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their
location found to be incorrect, the owner assumes full responsibility, I further understand that if this request is subsequently contested, the burden will be on me to
establish:
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 i,n 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 r vedd t expo . If I hat any doubts, I am advised to seek competent professional advice and assistance.
Applicant Signat re_ Date
As wne4oltl epro y involved in this request, I have read and understood the complete application and its consequences to me as a property
ow r.
Prop y Owner's Si ature (r uired) Date
[ro be completed by City Staff
Date Received Zoning Permit Type Filing Fee $
OVER
G:\comm-dev\planning\Forms & Hendouts\Zoning Pemut Applicadon.doc
r77~
E
Job Address: 83 MORTON ST
ASHLAND OR 97520 Ft or:
s:
P Owner's Name: FORTGANG ARTHUR S TRUSTEE E e:
P Customer 05105 o:
L FORTGANG ARTHUR S TRUSTEE E o:
Applicant: 83 MORTON ST Address: ASHLAND OR 97520 A
C
C Sub-Contractor:
A Phone:
N T Address:
Applied: 08/06/2015
T Issued: O
Expires: 02/02/2016 R
Phone:
Maplot: 391 E09AC12900 State Lic No:
City Lic No:
DESCRIPTION: Conditional Use Permit for a Traveler's Accommodation
VALUATION
Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description"
Total for Valuation:
i
MECHANICAL
ELECTRICAL
STRUCTURAL
PERMIT FEE DETAIL
Fee Description Amount Fee Description
Conditional Use Permit Type 1 1,012.00 Amount
[=============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