HomeMy WebLinkAboutManzanita_103_PA-2017-00336
NOTE TO FILE: 103 MANZANITA - Derek S rson https://outtook.office"65.com/owa/?viewmodel=ReadMessageltem&...
NOTE TO FILE: 103 MANZANITA
Derek Severson
Fri 4/28/2017 11:04 AM
To:Derek Severson <derek.severson@ashland.or.us>;
This is a Conditional Use Permit for an Accessory Travelers Accommodation (ATA) at 103 Manzanita, and a
condition was included to require an annual inspection by the Jackson County Health Department. The
applicant/owner questioned this requirement because the ATA unit would not have a kitchen and he did
not believe there was anything the County Health Department would inspect. In discussion it with the
Community Development Director:
1) The annual inspection is a requirement in AMC 18.2.3.220.B.7 for Traveler's Accommodations while
Accessory Traveler's Accommodations are only subject to 18.23.220 A & C.
2) Because ATA's do not have kitchens and are limited to the number of bedrooms used, they are not of a
scale that concerns the County Health Department.
3) ATA's were therefore not intended to be subject to inspection by the County.
I informed the applicant/owner that he could disregard this condition and that a note to this effect would
be included in the file.
- Derek
Derek Severson, Senior Planner
City of Ashland, Department of Community Development
51 Winburn Way, Ashland, OR 97520
PH: (541) 552-2040 FAX: (541) 552-2050 TTY: 1-800-735-2900
E-MAIL: derek.severson@ashland.or.us
This e-mail transmission is the official business of the City of Ashland, and is subject to Oregon's public
records laws for disclosure and retention. If you've received this e-mail in error, please contact me at (541)
552-2040. Thank you.
1 of 1 4/28/17,11:05 AM
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CI'T'Y ASHLAND
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April 26, 2017
Notice of Final Decision
On April 26, 2017, the Community Development Director approved the request for the
following:
Planning Action: PA-2017-00336
Subject Property: 103 Manzanita
Applicant: Laurel Miller and Mitch Sherman
Description: A request for a Conditional Use Permit (CUP) and Site Design Review
approval to operate an Accessory Travelers' Accommodation (ATA) consisting of one owner's
unit and one guest unit at the multi-family zoned property. COMPREHENSIVE PLAN
DESIGNATION: Low Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S
MAP: 39 lE 05 DD; TAX LOT: 4500.
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The Community Development Director's decision becomes final and is effective on the 12t1i 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 Maria Harris in the Community
Development Department at (541) 488-5305.
cc: Parties of record and property owners within 200 ft
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541A88-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or,us 1 _ ~J
SECTION 18.5.1.050 Type I Procedure (Administrative Decision with Notice)
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:
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: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900 !
www.ashland.onus
ASHLAND PLANNING DEPARTMENT
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FINDINGS & ORDERS
PLANNING ACTION: PA-2017-00336
SUBJECT PROPERTY: 103 Manzanita
O ER/APPLICANT: Laurel Miller and Mitch Sherman r
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DESCRIPTION: A request for a Conditional Use Permit (CUP) and Site Design Review to allow for the
conversion the existing detached cottage to be used as an accessory travelers' accommodation.
G°.
COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-family Residential; ZONING: R-2;
ASSESSOR'S MAP: 391E05DD; TAX LOT: 4500.
G<
SUBMITTAL DATE: February 27, 2017
DEEMED COMPLETE DATE: March 17, 2017
STAFF APPROVAL DATE: April 26, 2017
FINAL DECISION DATE: May 8, 2017 (at 4:30 p.m.)
APPROVAL EXPIRATION DATE: November 26, 2018
DECISION
The proposal is to use the detached cottage for an accessory travelers' accommodation. The subject
property is located in the Low Density Multi-family Residential zone (R-2) and Skidmore-Academy
Historic District.
The subject property is located is a corner lot bounded by Manzanita and High streets, one block above
N. Main St. and across from Briscoe School. The Briscoe School playground is to the south on the opposite
side of Manzanita St. The surrounding neighborhood is comprised of a mix of apartments, townhomes
and single-family homes. The surrounding zoning to the north, south and cast is also R-2, while the area
to the west, or uphill of, High St. is zoned Single-family Residential (R-1-7.5).
The subject property is located at 103 Manzanita St. and is 0.31 acres in size. The property is occupied by
a historic home that includes two dwelling units and a third dwelling unit located in a detached cottage.
The primary home is a 20th Century American Bungalow that was constructed in 1915 and identified as a
historic contributing resource. In 2001, the property received Site Design Review approval to divide the
home into two dwelling units and construct the cottage. The base density of the subject property is four
multi-family dwelling units.
The Municipal Code contains specific requirements for accessory travelers' accommodations. The
requirements include:
® 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.
® 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.
PA-2017-00336
103 Manzanita/mh
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® The total number of guests occupying an accessory travelers' accommodation must not exceed two
people per bedroom.
® 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.
® Signs are not permitted in conjunction with the operation of an accessory travelers'
accommodation.
® 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.
® Advertising for an accommodation must include the City planning action number assigned to the
land use approval.
® Before operation of the accessory Traveler's Accommodation, the structure must be inspected by
the Fire Department and Jackson County Health Department.
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 for an accessory travelers' accommodation.
There are no exterior changes proposed to any of the structures or the site. There are four off-street parking
spaces on the property accessed by a driveway from Manzanita St. The 2001 approval required five off-
street parking spaces. The fifth space is provided through an on-street credit on High St. adjacent to the
property frontage. The current proposal requires three off-street parking spaces with two spaces required
for the primary residence and one space required for the second unit in the main home. As a result, the
current proposal to maintain two units, including the primary residence in the main historic home, and an
accessory travelers' accommodation in the cottage meets the parking requirements.
The application explains that the property owners live in the main home located at 107 Manzanita St. and
will be present during the operation of the accessory travelers' accommodation. The cottage is currently
an independent dwelling unit and includes a kitchen. The proposal requires removal of the stove/oven so
that the cottage meets the requirements for an accessory travelers' accommodation of not having kitchen
cooking facilities. The cottage has two bedrooms and therefore satisfies the size limitation for an accessory
travelers' accommodation.
Lastly, the application complies with all of the applicable provisions of the R-2 zoning district and the
Site Development and Design Standards in AMC 18.4. The property is currently served by adequate City
facilities for water, sewer, storm drainage, electricity, sidewalks and streets. No trees are proposed to be
removed. It is the opinion of Staff, the property has adequate landscaping presently installed to meet the
standards in AMC 18.4.4. Compared to the target use for the subject property of four dwelling units, the
proposal will not have a greater adverse impact material effect on the impact area in terms of architectural
compatibility, air quality, generation of traffic, noise, light and glare and the development of adjacent
properties.
The approval criteria for a t'ravelers' Accommodation are 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'
PA-2017-00336
103 Manzanita/mh
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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
PA-2017-00336
103 Manzanitahnh
Page 3
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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' Accor modations, 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 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.
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, b, d -1, not included as
not applicable].
c. R-2 and R-3. Residential use complying with all ordinance requirements, developed at the
PA-2017-00336
103 Manzanita/mh
Page 4
density permitted by chapter 18.2.5 Standards for Residential Zones.
The criteria for Site Review approval are in AMC Chapter 10.5.2.050 as follows
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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.
8. 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.
In staff's assessment, the application with the attached conditions complies with applicable ordinances
and meets all required criteria.
Planning Action #2017-00336 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 #2017-
00336 is denied. The following are the conditions and they are attached to the approval:
1. That all proposals of the applicant be conditions of approval unless otherwise modified here.
2. That the accessory travelers' accommodation shall be operated in conformance with the standards
in AMC sections 18.2.3.220.A and 18.2.3.220.C.
3. That the accessory travelers' accommodation shall meet all applicable building, fire, and related
safety codes at all times, and shall be inspected by the City of Ashland Fire Department before
commencing operations and periodically thereafter pursuant to AMC 15.28.
4. That an annual inspection of the accessory travelers' accommodation by the Jackson County
Health Department shall be conducted as required by the laws of Jackson County or the State of
PA-2017-00336
103 Manzanita/mh
Page 5
Oregon.
5. That the property owners 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
accessory travelers' accommodation.
6. That no signage visible from the public right of way is permitted on site.
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7. That any advertisement for the accessory travelers' accommodation unit must include the City of
Ashland Planning Action number assigned to this city land use approval (i.e., PA#2017-00336).
8. That the property owners obtain a building permit from the City of Ashland to remove the kitchen
cooking facilities fiom the cottage, complete the work and obtain final inspections prior to
operation of the accessory travelers' accommodation.
r:
j A- April 26, 2017
Bi Molnar Co unity Development Director Date
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PA-2017-00336
103 Manzanita/mh
Page 6
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 4/26/171 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 #2017-00336, 103 Manzanita.
Signature of Employee
DocumeW 412612017
t'--
i%
PA-2017-00336 391 E05DD 2600 PA-2017-00336 391 E05DD 3000 PA-2017-00336 391 E05DD 4600
CAPP VICKI F/GREGORY W CIPES PETER LAWRENCE TRUSTEE COMBS ANTHONY M/MARTHA D
59 MANZANITA ST 317 N MAIN ST 3309 E 7TH AVE PKY
ASHLAND, OR 97520 ASHLAND, OR 97520 DENVER, CO 80206
i
PA-2017-00336 391 E05DD 4501 PA-2017-00336 391 E05DD 7402 PA-2017-00336 391 E05DD 8600
CRAWFORD ROBERT D/WENDY G CULLEN PATRICIA P TRUSTEE ET AL DELUCA RONALD L TRUSTEE ET AL
310 HIGH ST 205 MARGO WAY 228 MORNINGLIGHT DR
ASHLAND, OR 97520 PISMO BEACH, CA 93449 ASHLAND, OR 97520
PA-2017-00336 391 E05DD 7401 PA-2017-00336 391 E05DD 5501 PA-2017-00336 391 E05DD 4400
HEYCKE TORSTEN ERNST TRUSTEE KOVTUNOVICH THEODORE J TRUSTEE LEWIS JOAN CATHERINE ET AL
323 HIGH ST 276 ALMOND ST 77 MANZANITA ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2017-00336 391 E05DD 7000 PA-2017-00336 391 E05DD 4300 PA-2017-00336 391 E05DD 80003
LOMBARD BERNADETTE MANDELL'S INC MC KAY GEORGE W TRUSTEE FBO
133 MANZANITA ST 352 GLENN ST PO BOX 272
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2017-00336 391 E05DD 80004 PA-2017-00336 391 E05DD 4500 PA-2017-00336 391 E05DD 5701
MCCLURE LEE A MILLER LAUREL/SHERMAN MITCHELL MITCHELL KATHLEEN K TRUSTEE ET AL j
1860 ST CLAIR ST 107 MANZANITA ST 80855 WEISKOPF
MEDFORD, OR 97504 ASHLAND, OR 97520 LA QUINTA, CA 92253
PA-2017-00336 391 E05DD 4800 PA-2017-00336 391 E05DD 3100 PA-2017-00336 391 E05DD 7300
MITCHELL-HODGE J K/MELISSA NEWCOMBE PAMELA G PEARSON FAMILY TRUST ET AL
271 HIGH ST 321 MAIN ST N 315 HIGH ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2017-00336 391 E05DD 80001 PA-2017-00336 391 E05DD 7200 PA-2017-00336 391 E05 DID 4700
PETERSON JUDITH TRUSTEE ET AL ROLLE WAYNE ERNEST TRUSTEE ET AL RUSSELL JEANETTE M POSTON
69 MANZANITA ST APT 1 311 HIGH ST 283 HIGH ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2017-00336 391 E05DD 80002 PA-2017-00336 391 E05DD 7100 103 Manzanita
UHERBELAU JUDITH H WESTERMAN LAURA L NOD 4/26/17
PO BOX 488 252 TIMBERLAKE DR 23
ASHLAND, OR 97520 ASHLAND, OR 97520
LEE MCCLURE
69 MANZANITA, UNIT 4:
ASHLAND, OR 97520
3/30/17
Planning Department
City of Ashland
51 Winburn Way
Ashland OR 97520
RE: Planning Action 2017-00336 at 103 Manzanita
Dear Planning Division staff,
I oppose the use of 103 Manzanita as a Traveler's Accomodation. I am unhappy with the increasing
business uses of the homes in my neighborhood. I want to live in a neighborhood with a park - not a
business park; with neighbors -not visitors. I've lived in Ashland for over 20 years and it's starting to j
feel like we're losing the "town" that the tourists come to enjoy.
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I am already frustrated that the home at the end of our alley at 77 Manzanita has a huge business sign
hanging on the house, is advertising in local papers and often no one seems to be there at night. Is that
allowed?
I have a daughter who is 12 years old and this is not what I want for her. I think she is safer walking to
the park if the people around us live here. She is more likely to make friends with people who live here.
I do not want to see our neighborhood become more transient and less home-like. I bought this condo
because it was near Briscoe school back when my oldest child was starting grade school and we've
already seen a change in the neighborhood since the school closed.
Our condo association has a rule against using our units as a business in order to keep a home
environment; but what will be the point of that if our property becomes a flag-lot to 3 businesses? If I
decide I don't want to live sandwiched behind a row of businesses, how will I find a buyer for a home
that must be used for a residence in a neighborhood where that is not the value?
Please do not encourage the loss of our neighborhood.
Thank you for your consideration,
Lee A. McClure
69 Manzanita St Unit 4
Ashland OR 97520
t >F
Planning Department, 51 Winbuln Way, Ashland, Oregon 97520 I T Y
541-488-5305 Fax: 541-552-2050 www,ashland.or.us TTY: 1-800-735-2900
-ASH L ,-I
NOTICE OF APPLICATION
PLANNING ACTION: 2017-00336
SUBJECT PROPERTY: 103 Manzanita
OWNERIAPPLICANT: Laurel Miller and Mitch Sherman
DESCRIPTION: A request for a Conditional Use Permit (CUP) and Site Design Review approval to operate an Accessory
Travelers' Accommodation (ATA) consisting of one owner's unit and one guest unit at the multi-family zoned property.
COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP: 391 E
05 DD; TAX LOT: 4500.
NOTICE OF COMPLETE APPLICATION: March 17, 2017
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: March 31, 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
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.
G:\comm-dev\planning\Planning Actions\Noticing Folder\tvlailed Notices & Signs\2017\PA-2017-00336.docx
i
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. II
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 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.
F
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
GAcomm-dev\planning\Planning Actions\Noticing PolderWailed Notices & Signs\2017VA-2017-00336.docx
the minimum which would alleviate the di,", 'ty.; or
2. There is no demonstrable difficulty in meet t g the specific requirements, but granting the excepti(_ will result in a design that equally or better
achieves the stated purpose of the Site Development and Design Standards.
i
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 18.4.4.050.0.1.
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.
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.
GAcomm-dev\planning\Planning Actions\Noticing Folder\Ivlailed Notices & Signs\2017\PA-2017-00336.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 March 17, 2017 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 #2017-00336, 103 Manzanita.
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Sign re of Employee
Documentl 3/1712017
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PA-2017-00336 391E05DD 2600 PA-2017-00336 391E05DD 3000 PA-2017-00336 391E05DD 4501
CAPP VICKI F/GREGORY W CIPES PETER LAWRENCE TRUSTEE j CRAWFORD ROBERT D/WENDY G
59 MANZANITA ST 317 N MAIN ST 310 HIGH ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
I
PA-2017-00336 391E05DD 7402 PA-2017-00336 391E05DD 8600 PA-2017-00336 391E05DD 7401
CULLEN PATRICIA P TRUSTEE ET AL DELUCA RONALD L TRUSTEE ET AL HEYCKE TORSTEN ERNST TRUSTEE
205 MARGO WAY 228 MORNINGLIGHT DR 323 HIGH ST
PISMO BEACH, CA 93449 ASHLAND, OR 97520 i ASHLAND, OR 97520
PA-2017-00336 391E05DD 4600 PA-2017-00336 391E05DD 5501 I PA-2017-00336 391E05DD 4400
JORGENSEN PETER S & BEVERLY F KOVTUNOVICH THEODORE J LEWIS JOAN CATHERINE ET AL
285 HIGH ST 276 ALMOND ST 77 MANZANITA ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2017-00336 391E05DD 7000 PA-2017-00336 391E05DD 4300 PA-2017-00336 391E05DD 80003
LOMBARD BERNADETTE MANDELL'S INC MC KAY GEORGE W TRUSTEE FBO
133 MANZANITA ST 352 GLENN ST PO BOX 272
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2017-00336 391E05DD 80004 PA-2017-00336 391E05DD 4500 PA-2017-00336 391E05DD 5702
MCCLURE LEE A MILLER LAUREL/SHERMAN MITCHELL KATHLEEN K TRUSTEE ET
1860 ST CLAIR ST MITCHELL 80855 WEISKOPF
MEDFORD, OR 97504 107 MANZANITA ST LA QUINTA, CA 92253
ASHLAND. OR 97520
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PA-2017-00336 391E05DD 4800 PA-2017-00336 391E05DD 3100 PA-2017-00336 391E05DD 7300
MITCHELL-HODGE J K/MELISSA NEWCOMBE PAMELA G PEARSON FAMILY TRUST ET AL
271 HIGH ST 321 MAIN ST N 315 HIGH ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
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PA-2017-00336 391E05DD 80001 PA-2017-00336 391E05DD 7200 PA-2017-00336 391E05DD 4700
PETERSON JUDITH TRUSTEE ET AL ROLLE WAYNE ERNEST TRUSTEE ET RUSSELL JEANETTE M POSTON
69 MANZANITA ST APT 1 311 HIGH ST 283 HIGH ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2017-00336 391E05DD 80002 PA-2017-00336 391E05DD 7100
UHERBELAU JUDITH H WESTERMAN LAURA L
PO BOX 488 252 TIMBERLAKE DR
ASHLAND, OR 97520 ASHLAND, OR 97520
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ZONING MIT APPLICATION
Planning Division
\ " 51 Winburn Way Ashland OR 97520
CITY Of 541-488-5305 Fax 541-488-6006 FILE
LA
DESCRIPTION OF PROJECT e A1C ~ U
DESCRIPTION OF PROPERTY Pursuing LEED® Certification? ❑ YES JaNO
Street Address
Assessor's Map No. 39 1 E Tax Lot(s) `®T
Zoning Comp Plan Designation %4v6y I c_ We-fi a,_
APPLICANT
I Ufel ~ ~iILeT %eftftftone em u!® ~ E-Mail ~ i`Y)m-l Ickit tc
Name
Address \ IDI ~ o l City 16 - t Zip jo.
PROPERTY OWNER
Name U(e Pat I I~rt ~ MdhS1\,e60P1- Phone 6~1 _ E-Mail V)Ary\i a
Address ~tyC 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; FEB 27 2017
3) that the findings of fact furnished by me are adequate; and further
4) that all structures or improvements are properly located on the ground.
Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to
be C m my expense, If lv~aveiany doubts, am advised to seek competent professional advice and assistance.
j/ .
Applicant's Signature Date
As owner of the property involved in this request, I have read and understood the complete application and its consequences to me as a property
ow r.
47-7 I.
Property Owner's Signature (required) Date
[To be completed by City Stali]
p
Date Received' I Zoning Permit Type Filing Fee $
OVER
GAcomm-dev\planning\Porms & Handouts\Zoning Permit Application.doc
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Job Address: 103 MANZANITA ST Contractor:
ASHLAND OR 97520 Address:
C
A Owner's Name: MILLER LAUREL/SHERMAN MITCH 0 Phone:
P Customer 08357 N State Lic No:
MILLER LAUREL/SHERMAN MITCH T City Lic No:
L Applicant: 107 MANZANITA ST R
I Address: ASHLAND OR 97520 A
C C Sub-Contractor:
A Phone: T Address:
N Applied: 02/27/2017
T Issued: R
Expires: 08/26/2017 Phone:
State Lic No:
Maplot: 391 E05DD4500 City Lic No:
DESCRIPTION: Type 1 for Traveler's accom
VALUATION 1
Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description
Total for Valuation:
MECHANICAL
I
ELECTRICAL
STRUCTURAL -
PERMIT FEE DETAIL
Fee Description Amount Fee Description Amount
Conditional Use Permit Type 1 1,022.00
CONDITIONS OF APPROVAL
c;
L
COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 East Main St. Fax: 541-488-5311
Ashland, OR 97520 TTY: 800-735-2900
www.ashland.onus
I
Inspection Request Line: 541-552-2080 T
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i
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i„
I hereby certify the contents of this application to be correct to the
best of my knowledge, and furthermore, that I have read, Fee Summary Paid Amounts
understood and agreed to the following:
Building: $ 0.00 $ 0.00
1. This permit shall remain valid only in accordance with code State Surcharge: $ 0.00 $ 0.00
or regulation provisions relating to time lapse and revocation Development Fees: $ 0.00 $ 0.00
(180 days).
2. Work shall not proceed past approved inspection stage. All Systems Development Charges: $ 0.00 $ 0.00
required inspections shall be called for 24 hours in advance. Utility Connection Fees: $ 0.00 $ 0.00
3. Any modifications in plans or work shall be reported in
advance to the department. Public Works Fees: $ 0.00 $ 0.00
4. Responsibility for complying with all applicable federal, state, Planning Fees: $ 1,022.00 $ 1,022.00
or local laws, ordinances, or regulations rests solely with the
applicant. Sub-Total: $ 1,022.00
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
www.ashland.or.us
CITY OF
Inspection Request Line: 541-552-2080
Laurel Miller and Mitch Sherman
103 Manzanita St
Conditional Use Permit Application
one Unit Accessory Travelers' Accommodation
February, 2017
1 e it Design Review (General) 18°5.2.050 Approval Criteria
An application for Site 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.
Zone: R-2 (Low Density Multi-Family Residential). The main house on this property is a
large home. The proposed accessory travelers' accommodation does not impact the
main home at all. It is a separate building. The only change that running an
accessory travelers' accommodation would mean is that the renters would be short-term
(with no cooking facilities) rather than long-term. The location of the site, 4 blocks from
downtown, within walking distance of restaurants and the Oregon Shakespeare Festival
theaters, makes it a natural far the use we are proposing.
Landscaping Requirements: In the zone, 35% of the site must be retained in landscaping.
The landscaping on the subject site is existing, and mature with existing street trees.
Approximately 71.5% of the site is dedicated to landscaping and outdoor use, No
decrease of the percent of landscaped area is intended.
The Existing Landscaping: Some of the income generated by the rental will be dedicated
to yard maintenance. No major investment is expected. Please see the attached Site
Plan that shows the landscape plan.
Trees: The existing trees, which are shown on the Site Plan, are all to remain.
Parking, Access in internal Circulation: There is a two car garage and an additional
existing on site drive which is two cars in width. There is no internal automobile
circulation on this site.
Setbacks: There are no changes to the existing setbacks.
Height: There are no changes to the existing structures.
7
Laurel Miller and Mitch Sherman
103 Manzanita St
Conditional Use Permit Application
One Unit Accessory Travelers' Accommodation
February, 2017
Lot Coverage: The lot coverage is less than 30% developed. This area will remain
unchanged.
B. Overlay Zones. The proposal complies with applicability overlay zone requirements
(part 18.3). The Historic Overlap applies to this property. No physical, exterior changes
are being proposed in this CUP application.
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. No physical, exterior changes are being proposed in this CUP application.
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, sewers,
electricity, urban storm drainage, paved access to and through the property, and
adequate transportation can and will be provided to the subject property. The cottage
has housed between 1 and 4 tenants over the years. The size of the space has not
changed. Thus the need for utilities due to this proposed CUP is not increased.
The applicant/owner proposing this project have endeavored to address the pertinent
criteria in the Ashland Municipal Code. Based on the finding written herein, we respectfully
request approval of a Conditional Use Permit to run a one-unit Accessory Travelers'
Accommodation at the cottage at 103 Manzanita St.
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SKE'fc,' 'AREA TABLE ADDEND(
Parcel No 10068293 File No 399H05DD•4500
propefly re 10 17 S7 T 7,1
it ASHLAND
Cnunt JACKSON State OR 21 97520
Owner
Client
A raiser Name 908 Ins ectlon Date 06/0812096
42'
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24' 1008.0 sf a) 0
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42'
Sk h b Anew Sketch v Pro'
Comments:
Scale: V 20'
AREA CALCULATIONS SUMMARY
Code Descrl tion Factor Net Slze Perlmetar Net Totals -
1FLR FIRST FLOOR 1.00 1008.00 132.0 1008.00
CPORCH Covered Parch 1.00 160.00 56.0 160.00
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Laurel Miller and Mitch Sherman
103 Manzanita St
Conditional Use Permit Application
One Unit Accessory Travelers' Accommodation
February, 2017
Project Information
Planning Action
The applicants, Laurel Miller and Mitch Sherman are submitting an application for a Conditional
Use Permit for an Accessory Travelers' Accommodation for our cottage at 103 Manzanita St,
Ashland, Oregon. No external modification will be made. The building was built in 2004 and is
a single family home.
The cottage is a single level, two bedroom, two bath unit. It has been used as a long-term
rental and as a 30-day vacation rental and is currently unoccupied.
We live next door on the property at 107 Manzanita St, a home of historic significance.
Address and Legal Description:
Owner:
Laurel Miller and Mitch Sherman
107 Manzanita St
Ashland, OR 97520
Applicants:
Same as above
Zoning Designation: R-2, Historic Overlay
Tax lot 391E 05DD 4500
Applicable Ordinances:
Conditional Use Permit, 18.5.4.050 P`
Site Design Review, 18.5.2.050
R-2, Multi-Family Residential, 18.4.2
Travelers' Accomodations 18.2.3.220
1
Laurel Miller and Mitch Sherman
103 Manzanita St
Conditional Use Permit Application
One Unit Accessory Travelers' Accommodation
February, 2017
18. . Travelers' Accommodations
Where travelers' accommodations and accessory travelers' accommodations are allowed, they
require a Conditional Use Permit under chapter 18.5.4, are subject to Site Design Review under
chapter 18.5.2, and shall meet all of the following requirements. See definitions of travelers'
accommodation and accessory travelers' accommodation in part 18-6.
A. Travelers' Accommodation and Accessory Travelers' Accommodations. Travelers'
accommodation and accessory travelers' accommodation 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. All applicable building, fire and related safety
codes will be adhered to and will be inspected by the Fire Department before
occupancy.
2. The business-owner of a travelers' accommodation or the property owner
or an accessory travelers' accommodation must maintain a City business
license and pay all transient occupancy tax in accordance with AMC 4.24 and
MC 6.04 as required. The owner will maintain a City business license upon
approval of the land use action before initial occupation.
3. Advertising for an accommodation must include the City planning action
number assigned to the land use approval. All advertising will include the City
planning action land use approval number.
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. The applicant acknowledges it is
prohibited to offer the accommodation without a CUP, current business license
and transient occupancy tax registration.
B. Travelers' Accommodations. In addition to the standards described above in
section 18.2.3.220.A, travelers' accommodations shall meet all of the following
requirements. Not Applicable
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Laurel Diller and Mitch Sherman
103 Manzanita St
Conditional Use Permit Application
One Unit Accessory Travelers' Accommodation
February, 2017
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. Laurel Miller and Mitch Sherman are the property owners. It is
our primary residence. We plan to be present during operation of the accessory
travelers' accommodation,
2. The property is limited to have 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. We seek one accessory
travelers' accommodation. It will be managed under a single reservation. There
are two bedrooms in the unit. Meals will not be provided and there will be no
kitchen cooking facilities provided in the unit.
3. The total number of guests occupying an accessory travelers'
accommodation must not exceed two people per bedroom. Guests will be
limited to 4 in the unit, 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. The property has 4 off-street parking spaces. Our guests will be
limited to one vehicle.
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5. Signs are not permitted in conjunction with the operation of an accessory
travelers' accommodation. No sign will be used in conjunction with the
operation of the unit.
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Laurel Miller and Flitch Sherman
103 Manzanita St
Conditional Use Permit Application
One Unit Accessory Travelers' Accommodation
February, 2017
1. .4 Conditional s Permits (General)
18.104.50 Approval Criteria
A. Approval Criteria. 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 City, State,
or Federal law or program.
Zone: R-2 (Low Density Multi-Family Residential). The main house on this
property is a large home. The proposed accessory travelers' accommodation
does not impact the main home at all. It is a separate building. The only change
that running an accessory travelers' accommodation would mean is that the
renters would be short-term (with no cooking facilities) rather than long-term.
i
The location of the site, 4 blocks from downtown, within walking distance of
restaurants and the Oregon Shakespeare Festival theaters, makes it a natural for
the use we are proposing.
Landscaping Requirements: In the zone, 35% of the site must be retained in
landscaping. The landscaping on the subject site is existing, and mature with
existing street trees. Approximately 71.5% of the site is dedicated to landscaping
and outdoor use. No decrease of the percent of landscaped area is intended.
The Existing Landscaping: Some of the income generated by the rental will be
dedicated to yard maintenance. No major investment is expected. Please see
the attached Site Plan that shows the landscape plan,
Trees: The existing trees, which are shown on the Site Plan, are all to remain.
Parking, Access in Internal Circulation: There is a two car garage and an
additional existing on-site parking area which is two cars in width. There is no
internal automobile circulation on this site.
Setbacks: There are no changes to the existing setbacks.
Height: There are no changes to the existing structures.
4
Laurel Diller and Mitch Sherman
103 Manzanita St
Conditional Use Permit Application
One Unit Accessory Travelers' Accommodation
February, 2017
Lot Coverage: The lot coverage is less than 30°6 developed. This area will
remain unchanged.
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. The
cottage has housed between 1 and 4 tenants over the years. The size of the
space has not changed. Thus the need for utilities due to this proposed CUP is
not increased.
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, build and coverage." The proposed CUP does not
change the current scale or coverage of the lot.
b. "Generation of traffic and effects on surround streets. Increases in
pedestrian, bicycle, and mass transit are considered beneficial
regardless of capacity of facilities." The marketing of the unit will
emphasize a "walking distance to town" experience. With an easy walk
to downtown, it will be easy to walk to shops, shows and restaurants.
C. "Architectural compatibility with the impact area." The proposed CUP
does not change any of the archltectural features of the existing building.
d. "Air quality, including the generation of dust, odors, or other
environmental pollutants." As stated above, the accessory travelers'
accommodation will emphasize a "walking distance to town" experience.
There will be no additional impact, and possibility reduced impact
because of reduced occupancy, than the current long-term rental.
e. "Generation of noise, light, and glare." There will be no additional
impact, and possibility reduced impact because of reduced occupancy,
than the current long-term rental.
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Laurel Diller and Mitch Sherman
103 Manzanita St
Conditional Use Permit Application
One Unit Accessory Travelers' Accommodation
February, 2017
f. "The development of adjacent properties as envisioned in the
Comprehensive Plan." The development of adjacent properties should
not be impacted at all.
"Other factors found to be relevant by the approval authority for
review of the proposed use." The unit at 103 Manzanita St. meets all
the requirements and will support Ashland's image as a friendly,
charming tourist destination without putting additional strain on
infrastructure or inconvenience the neighborhood.
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SKETCE' AREA TABLE ADDENDur
Parcel No 10058293 File No 391 E05DD-4600
Pro e 6d dress 107 M ZA IT ST io F1 ~t L
City ASHLAND Count JACKSON State OR Zip 97§2Q
Owner
Client
A ralser Name 168 Inspection Date 06/08/2016
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42'
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FIRST FLOOR 0
p
24' 1®®O.® sf CL) ~0
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42'
Sk c b A e ket v oTM
Comments:
Scale: 1" . 20'
AREA CALCULATIONS SUMMARY
Cade Description Factor Not Size Perimeter Net Totals
1FLR FIRST FLOOR 1.00 1008.00 132.0 1008.00
CPORCH Covered Porch 1.00 160.00 56.0 160.00
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