HomeMy WebLinkAboutHigh_116_PA-2016-02267 i
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January 13, 2017
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Notice of Final Decision
On January 12, 2017, the Community Development Director approved the request for the following:
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Planning Action: PA-2016-02267
Subject Property: 116 High Street
Applicant: Elizabeth Colter Et al.
Description: A request for a Conditional Use Permit (CUP), Site Design Review approval and
a variance to parking area design requirements in order to operate an Accessory Travelers' Accommodation
(ATA) consisting of one owner's unit and one guest unit at the multi-family zoned property. The requested
variance would allow for a stacked parking configuration opposed to a traditional side-by-side design. The
variance does not request to reduce the parking requirement for an ATA.COMPREIIENSIVE PLAN
DESIGNATION: Low Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP:
391E09BB; TAX LOT 4200
The Community Development Director's decision becomes final and is effective on the 12'r' 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 Cory Darrow in the Community
Development Department at (541) 488-5305.
cc: Parties of record and property owners within 200 ft
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050 II '
Ashland, Oregon 97520 TTY: 800-735-2900 6.~
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 party 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:
1. 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: 541-488-5305
51 Winburn Way Fax: 541-552-2050 1
Ashland, Oregon 97520 TTY: 800-735-2900 1
Nil Ir.us
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ASHLAND PLANNING DEPARTMENT
FINDINGS & ORDERS
PLANNING ACTION: PA-2016-02267
SUBJECT PROPERTY: 116 High Street
OWNER/APPLICANT: Elizabeth Coker Et al.
DESCRIPTION: A request for a Conditional Use Permit (CUP), Site Design Review
approval and a variance to parking area design requirements in order to operate an Accessory Travelers'
Accommodation (ATA) consisting of one owner's unit and one guest unit at the multi-family zoned
property. The requested variance would allow for a stacked parking configuration opposed to a traditional
side-by-side design. The variance does not request to reduce the parking requirement for an ATA.
COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-
2; ASSESSOR'S MAP: 391E091313; TAX LOT 4200
SUBMITTAL DATE: December 5, 2016
DEEMED COMPLETE DATE: December 21, 2016
STAFF APPROVAL DATE: January 12, 2017
FINAL DECISION DATE: January 24, 2016
APPROVAL EXPIRATION DATE: June 24, 2018
DECISION
The subject property is located at 116 High Street, Assessor's map 391E 091313, tax lot 4200. The property
is approximately 0.12 acres in size and is located on the east side of High Street approximately 100'
northwest of the High Street and Church Street intersection. The .12 acre property is zoned R-2 (Low-
density multifamily) potentially allowing for the development of an Accessory Residential Unit of 500 sq.
ft. or less in addition to the existing single-family home.
The primary structure, constructed circa 1908 and located within the Skidmore Historic District, is an 1,132
square foot hipped-roof cottage known as the Nelson-Smith House. This house is identified as "Historic
Contributing" by the United States Department of the Interior as the cottage glazing, siding, door and window
trim all appear original and house retains substantial integrity effectively relating the period of significance.
The detached accessory structure was constructed in 2001. No exterior changes to either structure was
proposed in the application.
The application proposes to operate an Accessory Travelers' Accommodation (ATA). An ATA is distinct
from a Travelers' Accommodation (TA) as the property is limited to having one short-term rental unit
covered under a single reservation and consisting of two or fewer bedrooms. Meals are not to be provided
and kitchen cooking facilities are not permitted with an ATA. Additionally the total number of guests
occupying an ATA must not exceed two people per bedroom.
The Municipal Code contains specific requirements for the conversion of a portion of a residential home
for use as an Accessory Travelers' Accommodation. Such requirements include:
o 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.
o 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
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are not permitted with an accessory travelers' accommodation, with the exception of kitchen cooking
facilities for the primary residence.
o The total number of guests occupying an accessory travelers' accommodation must not exceed two people
per bedroom.
o 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.
o Signs are not permitted in conjunction with the operation of an accessory travelers' accommodation.
o The property owner must maintain a City of Ashland business license and pay all transient occupancy tax in
accordance with AMC 4.24 and AMC 6.04.
o Advertising for an accommodation must include the City planning action number assigned to the land use
approval.
o Before operation of the Accessory Traveler's Accommodation, the structure must be inspected by the Fire
Department and Jackson County Health Department.
Site Design Review Findings:
The proposal complies with all of the applicable provisions of the underlying zone (AMC 18.2) or has
been found to possess legal nonconforming status per AMC 18.1.4.
The proposal complies with the Historic District Overlay.
No new structures or exterior changes are proposed in the application negating the Building, Placement
and Orientation Standards section of the Site Design Review ordinance.
The applicants propose to retain all existing landscaping on site, which includes a variety of drought
resistant plants, ground covers, shrubs and larger stature trees. Two existing trees are present abutting the
right-of-way satisfying the requirement for street trees at a rate of one tree per 30-feet of frontage.
The application proposes to install a walkway leading from the proposed ATA to the sidewalk. This
walkway is necessary due to avoid conflicts between pedestrian areas and parking areas and to provide a
safe, reasonably direct and convenient walkway connection between primary building entrances and High
Street.
Recycle and refuse containers are located behind the primary residence and are effectively screened from
the right-of-way.
ATAs require two off-street parking spaces. The subject property contains two off-street parking spaces
that meet current dimensional requirements but do not meet the design standards due to the "stacked"
configuration. The applicant has requested a variance to allow for approval of the configuration. This is
addressed in more detail in the Variance Findings section of this document.
Parking areas adjacent to property lines are typically required to provide a 5-foot evergreen landscape
buffer. The applicant has requested an exception to this standard due to the historic nonconforming
location of the parking area within the required side yard area, which does not allow room for installation
of the buffer. Staff finds an exception is warranted in this situation due to the unique physical constraints
of the lot and the inability to relocate parking to an alternative location on site.
All uses, with few exceptions, are required to provide a minimum of two sheltered bike parking spaces.
The applicant has proposed to provide two bicycle parking spaces in the rear of the primary residence
directly adjacent to the entrance of the proposed ATA. Sufficient descriptions of the rack style, placement
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and dimensions were not provided with the application and conditions have been attached to this approval
to ensure compliance with the bicycle parking design standards outlined in AMC 18.4.3.070.
Signs are not permitted in conjunction with an ATA and no signage was proposed in the application.
The applicant's emphasize they do not anticipate a significant change in water, sewer or electrical usage.
Additionally, the applicable City departments have not expressed any concern with the applicant's
proposal.
Conditional Use Permit Findings:
The applicant asserts the proposed ATA would not have an adverse material effect on the livability of the
impact area when compared to the development of the subject lot at maximum permitted density. One
primary concern with conditional uses is the potential for an adverse material effect generated by
additional vehicle trips. The applicant notes that given their proximity to key amenities in town, including
Downtown's restaurants, Lithia Park, and the Shakespeare Festival, guests are more likely to walk instead
of using their vehicle which will prevent excessive vehicle trips originating from the ATA. The applicants
have proposed to encourage their guests' use of alternative transportation by providing them with bus
schedules, convenient bicycle parking and potentially providing bicycles on site.
Staff finds that, due to the location of this property, guests are highly likely to arrive by vehicle but utilize
alternative transportation methods during their stay. Compared to the traffic generated by a single-family
home and an Accessory Residential Unit, the maximum potential residential density, the proposal will
likely generate less traffic on High Street.
Variance Findings:
The subject property contains two off-street spaces that meet the city's dimensional requirements of 9' x
18', however, these spaces do not meet the parking area design standards due to the stacked configuration,
which does not allow both vehicles to enter and exit the property without regard to the other vehicle. The
applicant has requested a variance to allow for the stacked configuration and has provided findings
addressing the approval criteria.
The applicant asserts the variance is the necessary because the design standards do not account for special
and unique circumstances, such as an Historic Contributing Resource constructed at a time before
automobiles were commonplace or lots where new parking areas are impossible to create due to the
location of an existing structure.
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The location of the historic Nelson-Smith house front and center on a narrow lot eliminates the possibility
of establishing additional parking. Staff agrees that the narrow dimensions of historic lots and the presence
of a Historic Contributing Resource, which cannot be moved constitutes a special circumstance that that
design standards do not account for.
The applicant asserts this variance is the minimum necessary to address the special circumstance and staff
is in agreement. Staff finds that allowing for a stacked configuration parking design is the minimum
variance necessary to alleviate the subject code's lack of accounting for this situation.
The application asserts the benefits of the variance outweigh any potential negative impacts on the
adjacent uses and will further the purpose and intent of this ordinance and the Comprehensive Plan of the
City. The applicant notes that allowing for a stacked parking configuration will allow the owners to operate
an ATA, which may have positive implications for the local economy by creating additional capacity for
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tourists and furthering the prosperity of local residents establishing a small business. Additionally, adding
this capacity in a centrally-located area would be beneficial in reducing parking pressure Downtown by
preventing potential would-be-guests from having to commute from accommodations in other parts of the
City into Downtown. The applicants view this as a win-win by allowing for increased tourism while
preventing additional parking congestion in Ashland's most frequented areas. They also note that allowing
for a Variance and operation of an ATA will allow them, as new homeowners with several young children,
to maintain the upkeep of a valued historic home and offset the financial burden that can come with living
in a high property value area, such as Ashland's Historic Districts.'
Staff finds that a Variance to the parking design standards is appropriate given the special circumstance
of the property, the application's consistency with Variance Approval Criteria and the limitations
associated with an ATA that prevent excessive guests at any one time. Staff finds the proposed Variance
to parking area design, which does not reduce the required parking, poses no significant threat to the
character of the well-established multi-family 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 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
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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. E,
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.
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.
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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 authorityfor 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- /,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 a Variance are detailed in AMC 18.5.5.050 as follows:
A. The approval authority through a Type I or Type II procedure, as applicable, may approve a variance upon finding
that it meets all of the following criteria.
1. The variance is necessary because the subject code provision does not account for special or unique
physical circumstances of the subject site, such as topography, natural features, adjacent development,
or similar circumstances. A legal lot determination may be sufficient evidence of a hardship for purposes
of approving a variance.
2. The variance is the minimum necessary to address the special or unique physical circumstances related to
the subject site.
3. The proposal's benefits will be greater than any negative impacts on the development of the adjacent uses
and will further the purpose and intent of this ordinance and the Comprehensive Plan of the City.
4. The need for the variance is notself-imposed by the applicant or property owner. For example, the variance
request does not arise as result of a property line adjustment or land division approval previously granted
to the applicant.
8. In granting a variance, the approval authority may impose conditions similar to those provided for conditional
uses to protect the best interests of the surrounding property and property owners, the neighborhood, or the
City as a whole.
In Staff's review, the application with the attached conditions meets all applicable criteria for approval of
an Accessory Travelers' Accommodation, Conditional Use Permit and Variance.
Planning Action # 2016-02267 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
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#2016-02267 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. E
2. That the Accessory Travelers' Accommodation shall be operated in conformance with the
standards enumerated in AMC sections 18.2.3.220A and 18.2.3.220C.
3. That a minimum of one bicycle rack accommodating two bicycles shall be installed and consist of
staple-design or inverted-u steel racks meeting the individual rack specifications as illustrated in
AMC Figure 18.4.3.070.J.1.
4. That lighting shall be provided in the bicycle parking area so that all facilities are thoroughly
illuminated and visible from adjacent walkways or motor vehicle parking lots during all hours of
use.
5. An opportunity-to-recycle site of equal or greater size than the solid waste receptacle shall be
included in the trash enclosure in accordance with 18.4.4.040.A.1.
6. That trash and recycling enclosures shall be installed in accordance with the Site Design and Use
Standards prior to the occupancy of the ARU.
7. That the proposed walkway leading from the ATA to High Street shall be of concrete, asphalt,
brick/masonry pavers, or other durable surface, and conform to all requirements detailed within
AMC 18.4.3.090.B.4.
8. That the Accessory 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 and periodically thereafter pursuant to AMC 15.28.
9. 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.
10. 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.
11. That no kitchen facilities shall be installed in the Accessory Travelers' Accommodation unit.
12. That no signage visible from the public right of way is permitted on site.
13. That any advertisement for the Accessory Travelers' Accommodation unit must include the City
o shland Planning Action number assigned to this approval (PA-2016-02267).
Bill Mo~riar, irector Dade
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AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Jackson )
The undersigned being first duly sworn states that: E
1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On January 13, 20171 caused to be mailed, by regular mail, in a sealed
envelope with postage fully prepaid, a copy of the attached planning action notice to
each person listed on the attached mailing list at such addresses as set forth on this list
under each person's name for Planning Action #PA-2016-02267, 116 High Street.
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Sign ' u e of Employee
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KAPLAN JORY TRUSTEE ET AL LACHMUND ROBERT H JR TRSTEE MENDOZA THERESA L TRUSTEE ET
15269 MIDDLETON PARK DR 125 N MAIN ST 50 HORGAN AVE 51
REDDING, CA 96001 ASHLAND, OR 97520 REDWOOD CITY, CA 94061
PA-2016-02267 391E09BB 5300 PA-2016-02267 391E09BB 3700 PA-2016-02267 391E09BB 15500
PAROWSKI ALAN P PETERS GEORGIANA ROOSE PAUL DAVIS AND ANNE
92 CHURCH ST 134 HIGH ST 567 RADNOR DR
ASHLAND, OR 97520 ASHLAND, OR 97520 OAKLAND, CA 94606 j
PA-2016-02267 391E09BB 3800 PA-2016-02267 391E08AA 2300 PA-2016-02267 391E09BB 3701
SCARBOROUGH JOHN WARD SEMPOWICH PATRICIA C SKAFF-WINGER LORRINE TRSTEE
131 N MAIN ST 108 NOB HILL ST 140 HIGH ST 1
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
i
PA-2016-02267 391E09BB 5500 PA-2016-02267 391E09BB 5200 PA-2016-02267 391E08AA 2100
SPRAGUE DAVID E TRUSTEE TURTLE CANDACE M ZWERDLING ZACHARY ETHAN
P 0 BOX 1258 91 CHURCH ST 129 HIGH ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
I i
°A-2016-02267 I 116 HIGH
ELIZABETH COKER ET AL
116 HIGH STREET 1/13/2017 NOD
ASHLAND, OR 97520 28
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Planning Department, 51 Winburn Way, Ashland, Oregon 97520 I T Y
541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 -ASHLAI W }
NOTICE OF APPLICATION
PLANNING ACTION: 2016-02267
SUBJECT PROPERTY: 116 High Street
OWNERIAPPLICANT: Elizabeth Coker Et Al
DESCRIPTION: A request for a Conditional Use Permit (CUP), Site Design Review approval and a variance to
parking area design requirements in order to operate an Accessory Travelers' Accommodation (ATA) consisting
of one owner's unit and one guest unit at the multi-family zoned property. The requested variance would allow
for a stacked parking configuration opposed to a traditional side-by-side design. The variance does not request to
reduce the parking requirement for an ATA. COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-
Family Residential; ZONING: R-2; ASSESSOR'S MAP: 391E09BB; TAX LOT 4200
NOTICE OF COMPLETE APPLICATION: December 21, 2016
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: January 4, 2017
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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 p,
be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.5.1.050.G)
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application,
by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the
Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal
to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity
to allow this Department to respond to the issue precludes an action for damages in circuit court.
A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be
provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services
Building, 51 Winburn Way, Ashland, Oregon 97520.
If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305.
Wcomm-dev\planning\Planning Actions\Noticing Folder\Mailed Notices & Signs\2016\PA-2016-02267.docx
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. I
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 1822 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 18.2.2 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.
k. CM-NC. The retail commercial uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity 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, 18.3.5 North Mountain Neighborhood, and 18.3.6 Southern
Oregon University District, respectively, complying with all ordinance requirements,
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.
Wcomm-dev\planning\Planning Actions\Noticing PolderWailed Notices & Signs\2016\PA-2016-02267.docx
VARIANCE
18.5.5.050
1. The variance is necessary because the subject code provision does not account for special or unique physical circumstances of the subject site, such as
topography, natural features, adjacent development, or similar circumstances. A legal lot determination may be sufficient evidence of a hardship for
purposes of approving a variance.
2. The variance is the minimum necessary to address the special or unique physical circumstances related to the subject site.
3. The proposal's benefits will be greater than any negative impacts on the development of the adjacent uses and will further the purpose and intent of this
ordinance and the Comprehensive Plan of the City.
4. The need for the variance is not self-imposed by the applicant or property owner. For example, the variance request does not arise as result of a property
line adjustment or land division approval previously granted to the applicant.
TRAVELERS' 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.
G:\cotnm-dev\planning\Planning Actions\Noticing FolderWailed Notices R Signs\2016\PA-2016-02267.docx
AFFIDAVIT" OF MAILING
STATE OF OREGON )
County of Jackson )
The undersigned being first duly sworn states that:
1. I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On December 21, 2016 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 #2016-02267, 116 High Street.
Signature of Employee
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G:lcomm-devlplanninglTemplateslTEMPLATE_Affidmitof Mailing Planning Action Notice.dotx 12/21/2016
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PA-2016-02267 391E09BB 4200 PA-2016-02267 391E08AA 2400 PA-2016-02267 391E09BB 4700
SCOTT SPANGER APODACA JACQUELINE A/ELIASON BARD'S INN LIMITED PTNSHIP
116 HIGH ST 112 NOB HILL ST 1120 PROSPECT ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
i
PA-2016-02267 391E09BB 4300 PA-2016-02267 391E08AA 3800 PA-2016-02267 391E09BB 4501
BISCHOF PHYLLIS B TRUSTEE BOND TIMOTHY/NANCY SEWARD BULL LINDA K/RICHARD A
468 MICHIGAN AVE 2408 E VALLEY ST 115 MAIN ST N
BERKELEY, CA 94707 SEATTLE, WA 98112 ASHLAND, OR 97520
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PA-2016-02267 391E09BB 15300 PA-2016-02267 391E09BB 4400 PA-2016-02267 391E08AA 3900
CARLSON LAWRENCE JBEATRICE DEHNKE PAMELA DONKER WILLIAM
109 CHURCH ST 117 N MAIN ST j PO BOX 968
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
I
PA-2016-02267 391E09BB 15200 PA-2016-02267 391EOSAA 2200 PA-2016-02267 391E09BB 4000
DOUGLASS SANDRA JET AL FINLEY ALICE ET AL FRANKLAND WINIFRED P
44 ALTA VISTA WAY 123 HIGH ST 122 HIGH ST
SAN RAFAEL, CA 94901 i ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-02267 391E09BB 15400 PA-2016-02267 391E09BB 5401 PA-2016-02267 391E09BB 15100
FREEMAN BRIAN/CATHY FULLER MICHAEL/JOANNA JURY WILLIAM/CAROL
109 HIGH ST 14374 WYRICK AVE 2341 BANBURY DR
ASHLAND, OR 97520 SAN JOSE, CA 95124 ANCHORAGE, AK 99504
PA-2016-02267 391E09BB 5501 PA-2016-02267 391E09BB 3900 PA-2016-02267 391E09BB 5100
KAPLAN JORY TRUSTEE ET AL LACHMUND ROBERT H JR TRSTEE MENDOZA THERESA L TRUSTEE ET
15269 MIDDLETON PARK DR 125 N MAIN ST 50 HORGAN AVE 51
REDDING, CA 96001 ASHLAND, OR 97520 REDWOOD CITY, CA 94061
PA-2016-02267 391E09BB 5300 PA-2016-02267 391E09BB 3700 PA-2016-02267 391E09BB 15500
PAROWSKI ALAN P PETERS GEORGIANA ROOSE PAUL DAVIS AND ANNE
92 CHURCH ST 134 HIGH ST 567 RADNOR DR
ASHLAND, OR 97520 ASHLAND, OR 97520 OAKLAND, CA 94606
PA-2016-02267 391E09BB 3800 PA-2016-02267 391E08AA 2300 PA-2016-02267 391E09BB 3701
SCARBOROUGH JOHN WARD SEMPOWICH PATRICIA C SKAFF-WINGER LORRINE TRSTEE
131 N MAIN ST 108 NOB HILL ST 140 HIGH ST 1
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-02267 391E09BB 5500 PA-2016-02267 391E09BB 5200 PA-2016-02267 391E08AA 2100
SPRAGUE DAVID E TRUSTEE TURTLE CANDACE M ZWERDLING ZACHARY ETHAN
P O BOX 1258 91 CHURCH ST 129 HIGH ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
'A-2016-02267
:LIZABETH COKER ET AL
.16 HIGH STREET
61-11-AND, OR 97520
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ZONING MI APPLICATION
Planning Division
51 Winbum Way, Ashland OR 97520 i
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ASHLAND C I Ty' ° 541-488-5305 Fax 541-488-6006 FILE #_2J) 16
DESCRIPTION OF PROJECT
SkC-c ~
DESCRIPTION OF PROPERTY ~ WPursuing LEED®Certifcation? ❑ YES El NO
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Street Address ~l~G} Y y sl ni
Assessor's Map No. 39 1 E Tax Lot(s)
Zoning 2- Comp Plan Designation
APPLICANT
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Name X611 (1 ' ( Phone (AM -91q E-Mail ~j~( 5~~ ) N ho, am)
Address City (11~f I~ Zip Z~
PROPERTY OWNER
Name ML (y5 0.~at1C_,) Phone E-Mail
Address City Zip
SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER
Title Name Phone E-Mail
Address _ City Zip
Phone E-Mail
Title me
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 in t is gard 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 rem v a se, If I have any doubts, l am advised to seek competent professional advice and assistance.
T -I
' FN App cant' Signature Date
As own o the pr p y involved in this request, I have read and understood the complete application and its consequences to me as a property
owner. ~
Prop rty Own 's Signature (required) Date
[ro be completed by City Staff
Date Received Zoning Permit Type ~ , Filing Fee $ Loz~,
J
OVER ►1
GAcomm-dev\planningTorms & Handouts\Zoning Permit Application.doc
Accessory Travelers Accommodation
The owners at 116 High St. are proposing to acquire Accessory Travelers Accommodation (ATA).
The original home, the owners main dwelling, was built in 1908. In 2001, a cottage was built in
the rear of the property and it is our desire to make this into an ATA.
Conditional Use Permit:
1. As an existing structure the proposed ATA 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. As an existing structure there is 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 provide to the subject property.
3. As an existing structure it 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. As an existing structure it
meets the following factors:
a. Similar in scale, bulk, and coverage.
b. Generation of traffic: When guests are occupying building, they will be encouraged to
enjoy the 5-minute walk to downtown, Shakespeare Festival, or Lithia park. Given our
location, it's more of an inconvenience to drive and find parking than to walk. Bicycle
parking is also provided. The Main Street bus schedules will also be provided.
c. All structures are Architectural compatible with the impact area
As an existing structure the following do not apply to this proposal as outlined:
d. The use will not affect air quality, including the generation of dust, odors, or other
environmental pollutants.
e. The use will not create a greater generation of noise, light, and glare.
f. The use will not hinder the development of adjacent properties as envisioned in the
Comprehensive Plan.
The cottage was built approximately 15 years ago (2001) and astaticallyfits into the
neighborhood.
i
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I
We do not plan on holding large events.
We will not have having more than one rental unit.
We will only rent to one group at a time.
We will not have any signage.
Site Design Review:
The main dwelling on 116 High St. (tax lot 4200) was built in 1908. In 2001, the garage was
remodeled into a living space. Listed below are the properties' descriptions:
The number of lot acres is .12
The total gross square footage of all dwelling spaces is 1810 sq. ft.
The number of stories on the main dwelling is one; with three bedrooms, one bath, for a total of
1,126 sq. ft.
The number of stories on the rear cottage is two; with one bedroom, one bathroom, for a total
683.5 sq. ft.
The percentage of the lot covered by:
a. Structures: 40.6%
b. Streets and Roads: 0%
c. Drive way: 15.1%
d. Recreational areas: 0%
e. Landscaping: 29.1%
Total square footage of landscaped areas: 1,500 sq. ft.
The trash and recycle are located behind the main dwelling and cannot be seen from the street.
Bicycle parking is available for the ATA.
The existing landscaping is mature and mostly drought resistant. It includes vegetation types
from small, medium, and large. Most of the larger vegetation is deciduous while our evergreen
shrubs and ground covers provide landscaping all year. There is a large Big Leaf Maple tree and
the buffer but a modification to its design. Again, this home was built in 1908, any major
alteration would diminish its historic value.
2. The variance is the minimum necessary to address this unique circumstance. We are not
asking for a reduction in parking but a modification to the design. Stacked parking is the
only thing we can do that will not compromise this historic lot.
3. The proposal's benefits will be greater than any negative impacts on the development of
the adjacent uses and will further the purpose and intent of this ordinance and the
Comprehensive Plan of the City. At large, this is such a positive way to grow the
community's economy, while reducing pressure on downtown traffic and parking. The
ATA's proximity provides a five-minute walk to downtown, Lithia park, Oregon
Shakespeare Festival, and many other popular tourist attractions. The ATA's location is a
very positive addition to the community as a whole. Once guests arrive they will not
need to use their vehicle. Therefore, traffic will be reduced but tourism will increase in
downtown. Other ATA's we've researched do not provide this benefit and their guests
drive back and forth to OSF, Lithia Park, restaurants, etc. while visiting, which, creates
more traffic and provides less parking downtown. According to the Ashland Economic
Development Strategy, "parking needs must be considered including how it is managed
(time limits, charges, loading, bus, etc.), how much and what types are available."
Allowing tourists to stay in this ATA would reduce the stress on downtown traffic and
parking, while, providing the downtown community with tourism. This would also offer
an increased capacity to house visitors that come to Ashland.
As a young couple, we also feel pressure financially to maintain this beautiful home,
which is a Historic Contributing Structure. I, Scott, work full-time while Rebecca, my
spouse, stays home to care for our three children, who are all under the age of 6. We
are both Southern Oregon locals, who have spent out entire lives living in this area.
While we love living in this location, other locations outside of this community are much
more affordable. The site design alone requires that we maintain a higher-quality
aesthetic than a single family home without an ATA. This ATA will allow us to have the
funds needed to care for this beautiful historic home while raising our family.
This property is also zoned multi-family, which allows us to have two units on the tax
lot. The ITE guide indicates that a multifamily unit generates an average of 6.47 vehicle
trips daily while a hotel/motel unit generates an average of 8.7 vehicle trips daily.
Because of our multi-family zoning, we can multiply the 6.47 vehicle trips by 2 to show
that we are entitled to 12.94, while, one dwelling unit and one hotel unit would
generate 15.17. However, because of the ATA's close proximity to tourist attractions
(OSF, Lithia Park, restaurants, etc.), we strongly feel that the ITE would be much lower.
We also strongly believe in Climate Change. We really try to reduce our carbon footprint
by walking and cycling. One of the main attractions of purchasing this home was its
an Apple tree that are in no threat because of the ATA. All trees will be protected and are well
looked after and highly valued by the owners.
A buffer or walk way of 5 feet will be provided from the front door of the ATA to the sidewalk.
Special Use Standards:
The property owners live in the main dwelling and will be present during the operation of the
ATA.
The property will only have one ATA unit, covered under a single reservation and consisting to
two or fewer bedrooms. Deals will not be provided and kitchen cooking facilities are not
permitted with our ATA, with the exception of kitchen cooking facilities for the primary
residence.
The total number of guests occupying the ATA will not exceed two people per bedroom.
Signs will not be shown and the ATA will blend in with the neighborhood.
The property will have two off-street parking spaces (See variance). The total number of guest's
vehicles associated with the ATA will not exceed one.
Variance:
1. The variance is necessary because we live in home that was built in 1908, which, was the
very year that Ford's Model T made its debut. Vehicles were not a normal part of life
when this lot was developed, therefore, our lot can only provide off street parking by
means of stacked parking. We live in a historic home, which, brings a value to this
community and any modifications would diminish that value.
Standard parking spaces measure 9 by 18 feet. Fifty percent of off-street spaces are
allowed to be compact spaces at 8 by 16 feet. Therefore, for a stacked configuration
(using standard parking measurements) we would need 9 by 36 feet. The parking that is
provided on this historic lot is 9.5 by 37 feet. The width could be made wider by cutting
out some vegetation, but we are inclined to leave it being we are within the 9 feet
width. This parking allows for two cars to be parked on the lot. This arrangement should
allow for enough parking to keep cars off the street, and our neighbors from being
inconvenienced.
Because of this historic lot, we cannot provide the 5-foot buffer in our parking area. We
request an exception and have created another landscape buffer from the ATA's front
door to the sidewalk which is 5 feet in width (see site design map). As shown on the site
design plan, the property allows for the buffer. We are not asking for an exemption of
location. We can walk/bike everywhere we like to go. We are also strongly considering
providing bicycles for the ATA.
If the City of Ashland does not permit us to have an ATA we will most likely allow a
family member to dwell in the unit. This seems less beneficial to the community and
neighborhood at large. If the cottage was lived in by a permanent resident the ITE would
increase due to year-round residency, there would be less money coming into the
community by means of tourism, and the stacked parking would be the same as with
the ATA's. So instead of weekend tourists looking to pay away, there would most likely
be one of my relatives looking for an affordable place to live.
4. The need for the variance is not self-imposed by the property owners. Given the historic
context for when this home was built, stacked parking is the solution that does not
require diminishing its historic significance.
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IN,
Job Address: 116 HIGH ST Contractor:
ASHLAND OR 97520 Address:
C
Owner's Name: ELIZABETH/SCOTT COKER/SPANGER Phone:
P Customer 09080 N State Lic No:
P ELIZABETH/SCOTT COKER/SPANGER T City Lic No:
L Applicant: 116 HIGH ST R
I Address: ASHLAND OR 97520 A
C c Sub-Contractor:
A Phone: T Address:
N Applied: 12/05/2016
T Issued: R
Expires: 06/03/2017 Phone:
State Lic No:
Maplot: 391 E09BB4200 City Lic No:
DESCRIPTION: Conditional use permit for ATA. Variance fee of 1022 waived per Bill Molnar.
VALUATION
Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description
Total for Valuation:
MECHANICAL
ELECTRICAL
STRUCTURAL
PERMIT FEE DETAIL
Fee Description Amount Fee Description Amount
Conditional Use Permit Type 1 1,022.00
CONDITIONS OF APPROVAL __31
COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 East Main St. Fax: 541-488-5311
Ashland, OR 97520 TTY: 800-735-2900
www.ashland.or.us
CITY F
Inspection Request Line: 541-552-2080
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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 E
1. This permit shall remain valid only in accordance with code State Surcharge: $ 0.00 $ 0.00
or regulation provisions relating to time lapse and revocation Development Fees: $ 0.00 $ 0.00
(180 days).
2. Work shall not proceed past approved inspection stage. All Systems Development Charges: $ 0.00 $ 0.00
required inspections shall be called for 24 hours in advance. Utility Connection Fees: $ 0.00 $ 0.00
3. Any modifications in plans or work shall be reported in
advance to the department. Public Works Fees: $ 0.00 $ 0.00
4. Responsibility for complying with all applicable federal, state, Planning Fees: $ 1,022.00 $ 1,022.00
or local laws, ordinances, or regulations rests solely with the
Sub-Total: $ 1,022.00
applicant.
Fees Paid: $ 1,022.00
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 j
www.ashland.onus
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Inspection Request Line: 541-552-2080