HomeMy WebLinkAboutNPioneer_150_PA-2017-00896
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CITY F
ASHLAND
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June 22, 2017
Notice of Final Decision '
On June 22, 2017, the Community Development Director approved the request for the following:
Planning Action: PA-2017-00896
Subject Property: 150 N. Pioneer St.
Applicant: Stan Potocki
Description: A request for a Conditional Use Permit and Site Design Review approval
to operate a three-unit Traveler's Accommodation consisting of three guest units and one general
office on the property at 150 N. Pioneer St. The application requests a variance to the owner
occupancy requirement for a traveler's accommodation, as no owner's residential unit is
proposed. The subject property was previously approved as a general office and three residential
units in 2005 (PA-2005-00039). COMPREHENSIVE PLAN DESIGNATION: Low Density
Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP: 39 lE 09 BA; TAX LOT
11800.
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 Brandon Goldman in the
Community Development Department at (541) 488-5305.
cc: Parties of record and property owners within 200 ft
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COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541A88-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900 `
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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
Ashland, Oregon 97520 TTY: 800-735-2900 `
www.ashland.or.us
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t ASHLAND PLANNING DEPARTMENT
FINDINGS & ORDERS
PLANNING ACTION: PA-2017-00896
SUBJECT PROPERTY: 150 N. Pioneer St.
OW R/APPLICANT: A request for a Conditional Use Permit and Site Design Review approval
to operate a three-unit Traveler's Accommodation consisting of three guest units and one general office
on the property at 150 N. Pioneer St. The application requests a variance to the owner occupancy
requirement for a traveler's accommodation, as no owner's residential unit is proposed. The subject
property was previously approved as a general office and three residential units in 2005 (PA-2005-00039).
COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-
2; ASSESSOR'S MAP: 39 1E 09 BA; TAX LOT 11800
SUBMITTAL DATE: May 17, 2017
DEEMED COMPLETE DATE: May 30, 2017,
STAFF APPROVAL DATE: June 22, 2017
FINAL DECISION DATE: July 5, 2017
APPROVAL EXPIRATION DATE: January 5, 2019
DECISION
The property is located at 150 North Pioneer Street, within the Railroad Addition Historic District, on the east
side of Pioneer between Lithia Way and B Street. The zoning for the subject parcel is R-2, or Low Density
Multi-Family Residential. The city public parking lot sits adjacent to 150 North Pioneer Street,
immediately to the south, and is under the C-1 (Commercial) zoning designation. The properties across
Pioneer Street are also zoned C-1, accommodating a handful of businesses including a 76 service station
and auto repair business, Ruby's restaurant, Gil's restaurant and pub, and the De Launay House, a
hotel/motel.
There are two buildings located on the property with a historic home located at the front of the property and
a second detached residential structure located at the rear of the property. The lot is 8,363 square feet in size.
It is 52 feet in width, and the lot depth is 160 feet. The property slopes slightly down to the northeast, with
slopes of four to six percent. There is existing irrigated landscaping including five mature trees on the site,
as well as two street trees.
The existing 2,305 square foot home, the `James W. Losher House', is considered to be a Historic
Contributing resource in the Railroad Addition Historic District. The first floor of the house consists of 1,390
square feet of office space, which includes an approximately 175 square foot enclosed porch. The second
floor of the historic house is a residential unit. A second two-story structure is located at the rear of the
parcel. The rear structure is approximately 1,170 square feet in size and is currently a residential unit. The
proposed use of the property through this planning action will be to utilize the rear building as a traveler's`
accommodation, utilize the upstairs residence in the primary home as a traveler's accommodation unit,
and convert the downstairs into a 950sq.ft. traveler's accommodation unit, reducing the size of the existing
office to approximately 440 square feet.
This current R-2 zoning permits residential developments at a base density of 13.5 units per acre, and also
allows a variety of other land uses through a conditional use and/or site design review applications. This
includes short term traveler accommodations, professional services, office spaces and retail establishments
limited in size. Within the R-2 zone traveler's acconnnodations are required to have a business manager
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live on site. As the application proposes no resident business manager a variance to this standard is
requested to allow three (3) travelers accommodation units and the retention of the on-site general office
use.
The rear building contains a residential sprinkler system and is ready to be occupied as a one unit traveler's
accommodation, however in order to utilize the historic home (the front building) as proposed an internal
remodel of the building will be required. The applicant has indicated that upon approval of this action
they plan to begin operating the one-unit traveler's accommodation in the rear building, and to initiate the
remodel to the historic home to accommodate the two additional traveler's units and an office use, in
compliance with all building codes relating to a change of occupancy. No external modifications to the
building are proposed.
The property is accessed by a shared driveway located between 150 and 162 North Pioneer Street. A variance
to the driveway width was previously approved (PA#2005-00039) and no further changes to the driveway or
parking areas are proposed at this time. The property at 150 N. Pioneer contains six existing automobile
parking spaces accessed via the existing common driveway, and these spaces are adequate to provide the
required five spaces for the proposed uses including one space for each of the three proposed traveler's
accommodations units, one space for the general office use, and one space for the intermittent use by a hotel
manager. There is presently no formalized bike parking on-site presently although the application indicates
that covered bike parking could be located under the stairs. A condition of approval has been added to this
action to ensure that prior to operation of any traveler's accommodation units the applicant shall present a
bike parking plan and install the requisite two (2) bike parking spaces consistent with 18.4.3.070.
The Ashland Municipal Code (AMC) contains specific requirements for the conversion of residential
uses to Travelers' Accommodations. Such requirements include that the primary structure be at least 20
years old; that the structure be within 200 feet of an arterial or collector street; and that Travelers'
Accommodation provides an average area of 400 square feet available per guest unit. The applicants
have submitted materials to the Planning Department that demonstrate compliance with these approval
standards and with the criteria within the Conditional Use section of the Ashland Municipal Code.
The current application requests a variance to the requirement that traveler's accommodations in R-2
zoned properties be business-owner occupied based on the unique context of this property in relation to
the public parking lot and adjoining commercial businesses. In August 2016, the Ashland Planning
Commission and City Council considered a request to change the zone of the property from R-2 to C-1
(PA#2016-00309). Although this zone-change request was denied, the Planning Commission and
Council found that while commercial uses allowed conditionally in residential neighborhoods should
maintain a residential presence for neighborhood compatibility this site would be uniquely suited to
considering appropriate commercial use through the Conditional Use Permit process without a required
residential component.
Staff believes that the requested variance is justified as the application demonstrates that there is a unique
and unusual circumstance relating to this property and proposed uses. Specifically, as the property is in
immediately proximate to a City public parking lot, and is facing commercially zoned properties across
the street, the impacts of the proposed traveler's accommodations will not adversely impact the
neighborhood. The inclusion of a professional office in the ground floor of the primary home serves to
provide a regular on-site presence and general oversight of the traveler's accommodation uses, thereby
addressing the purpose and intent of the business-owner occupant criteria. The approval of the variance
as proposed is conditioned on the presence of the professional office during normal business hours. In the
event the office use were to be discontinued at a future date, the applicant would have to apply for a
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modification of the conditional use permit, and either meet the business-owner occupant criteria, or obtain
a variance to this standard based on an alternative proposal.
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The applicant's anticipate the traveler's accommodation units to generate fewer vehicle trips through the
neighborhood than would a typical tourist accommodations given the proximity of the site to downtown
Ashland. Staff believes it is reasonable to assume tourists staying on this property would have a higher
number of pedestrian trips, and automobile trips would typically travel down Pioneer Street to Lithia Way I„
and would less frequently drive north into the residential neighborhood and by residential properties. As
there are no exterior changes proposed in the application, it is clear that the proposal will not have a
negative effect on the impact area vis-a-vis architectural compatibility, air quality, generation of noise,
light and glare, and the development of adjacent properties.
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The property is located within the Railroad Addition Historic District, but the application involves no
exterior changes and will therefore not impact the historic design or integrity of the impact area. The
proposal does not involve any changes to the building placement, orientation or design. No trees are
proposed to be removed. It is the opinion of Staff that the property has adequate landscaping to meet all
standards in AMC 18.4.4. As previously stated, the introduction of three Travelers' Accommodations
units, and a reduction in the previously approved office size, at the subject property will have minimal
impact on public facilities.
The City received two letters of support for the application from property owners in the immediate vicinity
of the property, and received no letters in opposition.
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 f
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
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is sited must be the primary residence of the business-owner. "Business-owner" shall be defined as a
person or persons who own the property and accommodation outright; or who have entered into a
lease agreement with the property owner(s) allowing for the operation of the accommodation. Such
lease agreement must specifically state that the property owner is not involved in the day-to-day
operation or financial management of the accommodation and that the business-owner has actual
ownership of the business and is wholly responsible for all operations associated with the
accommodation, and has actual ownership of the business.
3. The primary residence on the site must be at least 20 years old. The primary residence may be altered
and adapted for travelers' accommodation use, including expansion of floor area. Additional structures
may be allowed to accommodate additional units, but must be in conformance with all setback and lot
coverage standards of the underlying zone.
4. The number of travelers' accommodation units allowed shall be determined by the following criteria.
G. The total number of units, including the business-owner's unit, shall be determined by dividing the
total square footage of the lot by 1,800 square feet. Contiguous lots under the some ownership
may be combined to increase lot area and the number of units, but not in excess of the maximum
established by this ordinance. The maximum number of accommodation units shall not exceed
nine per approved traveler's accommodation with primary lot frontage on boulevard streets. For
travelers' accommodation without primary lot frontage on a designated boulevard, but within
200 feet of a boulevard, avenue, or neighborhood collector street, the maximum number of units
shall be seven. Street designations shall be as determined by the Street Dedication Map in the
Comprehensive Plan. Distances to the property from a boulevard, avenue, or neighborhood
collector shall be measured via a public street or public alley to a lot line,
b. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at
least 400 square feet of gross interior floor space remaining per unit.
5. Each accommodation must have one off-street parking space and the business-owner's unit must
have two parking spaces. All parking spaces shall be in conformance with chapter 18.4.3.
6. Only one ground or wall sign, constructed of a non-plastic material, non-interior illuminated, and a
maximum of six square feet total surface area is allowed. Any exterior illumination of signage shall be
installed such that it does not directly illuminate any residential structures adjacent or nearby the
travelers' accommodation in accordance with subsection 18.4.4.050.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.
The approval criteria for a Conditional Use Permit are detailed in AMC 18.5.4.050.A as follows:
A Conditional Use Permit shall be granted if the approval authority finds that the application meets all of the
following criteria, or can be made to conform through the imposition of conditions.
1. That the use would be in conformance with all standards within the zoning district in which the use is
proposed to be located, and in conformance with relevant Comprehensive plan policies that are not
implemented by any City, State, or Federal law or program.
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.
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a. Similarity in scale, bulk, and coverage.
b. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit
use are considered beneficial regardless of capacity of facilities.
c. Architectural compatibility with the impact area.
d. Air quality, including the generation of dust, odors, or other environmental pollutants.
e. Generation of noise, light, and glare.
f. The development of adjacent properties as envisioned in the Comprehensive Plan.
g. Other factors found to be relevant by the approval authority for review of the proposed use.
4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this
ordinance.
5. For the purposes of reviewing conditional use permit applications for conformity with the approval criteria
of this subsection, the target uses of each zone are as follows [a, b, d - 1, not included as not applicable].
c. R-2 and R-3. Residential use complying with all ordinance requirements, developed at the density
permitted by chapter 18.2.5 Standards for Residential Zones.
The approval criteria for Site Design Review are detailed in AMC 18.5.2.050 as follows:
An application for Site Design Review shall be approved if the proposal meets the criteria in subsections A, B, C,
and D below. The approval authority may, in approving the application, impose conditions of approval, consistent
with the applicable criteria.
A. Underlying Zone. The proposal complies with a// 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.
The approval criteria for 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 forspecial or unique physical
circumstances of the subject site, such as topography, natural features, adjacent development, or similar
circumstances. A legal lot determination maybe sufficient evidence of a hardship for purposes of approving
PA-2017-00896
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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.
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
a Travelers' Accommodation, Conditional Use Permit, Site Design Review, and Variance.
Planning Action # 2017-00896 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-
00896 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 Travelers' Accommodations 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.
3. That the applicants shall obtain and maintain a city business license and register for and pay all
transient occupancy tax as required in AMC 4.24 and AMC 6.04 prior to the operation of the
Travelers' Accommodation.
4. That any advertisement for the Travelers' Accommodation unit must include the City of Ashland
Planning Action number assigned to this city land use approval (PA#2017-00896).
5. That a transfer of business-ownership of the Travelers' Accommodation and/or professional office
shall be subject to all requirements of this approval. If any changes under a transfer of business-
ownership do not comply with this approval, a new Conditional Use Permit and/or other planning
actions may be required as determined by Planning Staff.
6. That only one wall or ground sign is permitted on site in conjunction with the Conditional Use
Permit. The sign shall be constructed out of a non-plastic material, shall not be internally
illuminated, and shall have a maximum sign area of 15 square feet and a maximum overall height
of five feet. Any exterior illumination shall not direct light on to any adjacent residential uses. A
sign permit demonstrating compliance with these conditions and with the regulations in the
Ashland Municipal Code chapter 18.4.7.060.B.2 shall be obtained prior to the replacement of the
signage on the property
7. Prior to issuance of a business license operation of any traveler's accommodation units the applicant
PA-2017-00896
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shall present a bike parking plan for staff approval and complete the installation of two (2) bike
parking spaces in accordance with design and rack standards in 18.4.3.070,1 and J.
8. Prior to operation of a travelers accommodation in the primary home at 150 N. Pioneer Street, the
applicants shall obtain a building permit from the Building Depaifinent for the interior remodel
allowing the change of occupancy.
d.~ a
BilLM 1nar, bir°ector° Date/
C&mmunitygDevelopment Department
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PA-2017-00896
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AFFIDAVIT OF MAILING
E
STATE OF OREGON )
County of Jackson )
The undersigned being first duly sworn states that:
1. 1 am employed by the City of Ashland, 20 East Main Street,. Ashland,
Oregon 97520, in the Community Development Department.
2. On 6/22/171 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'ea'ch
h
person's name for Planning Action #2017-00896, 150 N Pioneer.
Signature of Employee
Document3 6/22/2017
PA-2017-00896 391 E09BB 12300 PA-2017-00896 391 E09BA 11900 PA-2017-00896 391 E09BB 12400
BERMAN MITCHELL / MELODY JONES BERMAN SANDRA TRUSTEE ET AL DELAUNAY DEBORAH ET AL
79 PINE ST 162 N PIONEER ST 336 MOWETZA DR
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
k
PA-2017-00896 391 E09BB 13000 PA-2017-00896 391 E09BA 10100 PA-2017-00896 391 E09BA 40001
FIRST INTERSTATE BANK/OR NA FIRST PLACE PARTNERS LLC FIRST PLACE PARTNERS LLC
C/O THOMSON PROPERTY TAX SVC 815 ALDER CREEK DR WASHINGTON FEDERAL #294RE
P 0 BOX 2609 425 PIKE ST
CARLSBAD, CA 92018 MEDFORD, OR 97504 SEATTLE, WA 98101
c
PA-2017-00896 391 E09BB 11900 PA-2017-00896 391 E09BA 12300 PA-2017-00896 391 E09BA 12000
GREG BAILEY ENTERPRISES II LLC HUFF JAYNE DUTRA/GORDON C MITCHELL MEGAN ANN
4902 MT ASHLAND SKI RD 1088 KRISTEN DR 180 N PIONEER ST
ASHLAND, OR 97520 MEDFORD, OR 97504 ASHLAND, OR 97520
PA-2017-00896 391 E09BA 11800 PA-2017-00896 391 E09BB 12200 PA-2017-00896 391 E09BA 12500
POTOCKI STAN RIGOTTI GARY R/YVONNE DUNN ROGERS MICHAEL GLENN/KATHY ANNE
2020 CRESTVIEW DR 12 PEBBLE CREEK DR 978 CAPITOLA WAY
ASHLAND, OR 97520 EAGLE POINT, OR 97524 SANTA CLARA, CA 95051
PA-2017-00896 391 E09BA 12100 PA-2017-00896 391 E09BA 12400 PA-2017-00896 391 E09BA 12200
RUSTY LLC HOLLEYJOAN L SPIERINGS K A TRUSTEE FBO STEWART MARILYN M
2305 ASHLAND ST C312 PO BOX 1315 142 B ST
ASHLAND, OR 97520 PHOENIX, OR 97535 ASHLAND, OR 97520
PA-2017-00896 391 E09BB 12000 PA-2017-00896 391 E09BB 12600 PA-2017-00896 391 E09BB 12700
UHTOFF KATHERINE J TRUSTEE ET AL YATES JOAN M ET AL YORK ELIZABETH G
633 ROCA 10 BUCHANAN ST 640 PRACHT
ASHLAND, OR 97520 NASHUA, NH 03060 ASHLAND, OR 97520
PA-2017-00896 PA-2017-00896 PA-2017-00896
CHRISTIAN SENF JEFFREY JONES STAN POTOKI
RUBY'S 79 PINE ST 150 PIONEER
163 N PIONEER ASHLAND, OR 97520 ASHLAND, OR 97520
ASHLAND, OR 97520
150 N Pioneer
NOD 6/22/17
21
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4
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Brandon Goldman
From: Christian d <senfce@hotmail.com>
Sent: Tuesday, June 13, 2017 10:50 AM
To: planning
Subject: PA-2017-00896
This email is to voice my support for Stan Potocki's traveler's accommodation at 150 N. Pioneer. I think this
would be of great benefit to this block of Pioneer St.
Thank you,
Christian Senf
Ruby's/Gil's r
163-175 N Pioneer St.
1
City of Ashland Planning Division
51 Winburn Way
Ashland, OR 97520
i
RE: PA-2017-00896
City of Ashland Planning Division,
I am writing to let you know that we have no problem with Stan Potocki's request for three-unit Travel-
er's Accommodation at 150 N. Pioneer Street in Ashland. I have spoken with my mother-in-law, Sandra
Berman, who lives at 162 N. Pioneer, about this issue and she agreed.
We have known Stan for many years and he is a very good neighbor. We understand that Stan will be
on the premises weekdays as his business will still be housed on site.
Thanks for your consideration.
Sincerely,
Jeffery Jones
79 Pine Street f a
Ashland, OR 97520
; ~ Lives J M9
Planning Department, 51 Wln`L..,n Way, Ashland, Oregon 97520 - i -
541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 NOTICE OF APPLICATION
PLANNING ACTION: PA-2017-00896
SUBJECT PROPERTY: 150 N. Pioneer St
OWNER/APPLICANT: Stan Potocki
DESCRIPTION: A request for a Conditional Use Permit and Site Design Review approval to operate a three-unit
Traveler's Accommodation consisting of three guest units and one general office on the property at 150 N. Pioneer
St. The application requests a variance to the owner occupancy requirement for a traveler's accommodation, as no
owner's residential unit is proposed. The subject property was previously approved as a general office and three
residential units in 2005 (PA-2005-00039). COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family
Residential; ZONING: R-2; ASSESSOR'S MAP: 391 E 09 BA; TAX LOT : 11800.
NOTICE OF COMPLETE APPLICATION: May 30, 2017
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: June 13, 2017
170 175
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CO 162 154 33
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Subject Property
150 N. Pioneer St.
PA#2017-00896
The Ashland Planning Division Staff has received a complete application for the property noted above.
Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn
Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above.
Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a
notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the
comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the
application. A notice of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning
Division Staff's decision must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC
18.5.1.050.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.
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GAcomm-dev\planning\Planning Actions\Noticing FolderWailed Notices & Signs\2017\PA-2017-00896.docs j..
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CONDITIONAL USE PERMITS
18.5.4.050.A
A Conditional Use Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform
through the imposition of conditions.
1. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with
relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program.
2. That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the development, and
adequate transportation can and will be provided to the subject property.
3. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject
lot with the target use of the zone, pursuant with subsection 18.5.4.050.A.5, below. When evaluating the effect of the proposed use on the impact area,
the following factors of livability of the impact area shall be considered in relation to the target use of the zone,
a. Similarity in scale, bulk, and coverage.
b. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless
of capacity of facilities.
c. Architectural compatibility with the impact area.
d. Air quality, including the generation of dust, odors, or other environmental pollutants.
e. Generation of noise, light, and glare.
f. The development of adjacent properties as envisioned in the Comprehensive Plan,
g. Other factors found to be relevant by the approval authority for review of the proposed use.
4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance.
5. For the purposes of reviewing conditional use permit applications for conformity with the approval criteria of this subsection, the target uses of each zone
are as follows.
a. WR and RR. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for
Residential Zones.
b. R-1, Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential
Zones.
c. R-2 and R-3. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for
Residential Zones.
d. C-1. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0,35 floor to area ratio,
complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all
ordinance requirements.
e, C-1-D. The general retail commercial uses listed in chapter 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.
L 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
i
Wcomm-dev\planning\Planning Actions\Noticing FolderWailed Notices R Signs\2017\PA-2017-00896.docx
2. There is no demonstrable difficulty in mr '-ig the specific requirements, but granting the excel` will result in a design that equally or better
achieves the stated purpose of the Site`s _ velopment and Design Standards.
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 I
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 fI,
license and pay all transient occupancy tax in accordance with AMC 4.24 and AMC 6.04 as required.
3. Advertising for an accommodation must include the City planning action number assigned to the land use approval.
4. Offering the availability of residential property for use as an accommodation without a valid Conditional Use Permit approval, current business
license and transient occupancy tax registration is prohibited and shall be subject to enforcement procedures.
B. Travelers' Accommodations. In addition to the standards described above in section 18.23.220.A, travelers' accommodations shall meet all of the
following requirements.
1. The property is located within 200 feet of a boulevard, avenue, or neighborhood collector as identified on the Street Dedication Map in the
Comprehensive Plan. Distances to the property from a boulevard, avenue, or neighborhood collector shall be measured via a public street or public
alley to a lot line.
2. During operation of a travelers' accommodation, the property on which the travelers' accommodation is sited must be the primary residence of the
business-owner. "Business-owner" shall be defined as a person or persons who own the property and accommodation outright; or who have entered
into a lease agreement with the property owner(s) allowing for the operation of the accommodation. Such lease agreement must specifically state
that the property owner is not involved in the day-to-day operation or financial management of the accommodation and that the business-owner has
actual ownership of the business and is wholly responsible for all operations associated with the accommodation, and has actual ownership of the
business.
3. The primary residence on the site must be at least 20 years old. The primary residence may be altered and adapted for travelers' accommodation
use, including expansion of floor area. Additional structures may be allowed to accommodate additional units, but must be in conformance with all
setback and lot coverage standards of the underlying zone.
4. The number of travelers' accommodation units allowed shall be determined by the following criteria.
a. The total number of units, including the business-owner's unit, shall be determined by dividing the total square footage of the lot by 1,800
square feet. Contiguous lots under the same ownership may be combined to increase lot area and the number of units, but not in excess of the
maximum established by this ordinance. The maximum number of accommodation units shall not exceed nine per approved traveler's
accommodation with primary lot frontage on boulevard streets. For travelers' accommodation without primary lot frontage on a designated
boulevard, but within 200 feet of a boulevard, avenue, or neighborhood collector street, the maximum number of units shall be seven. Street
designations shall be as determined by the Street Dedication Map in the Comprehensive Plan. Distances to the property from a boulevard,
avenue, or neighborhood collector shall be measured via a public street or public alley to a lot line.
b. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least 400 square feet of gross interior floor
space remaining per unit.
5. Each accommodation must have one off-street parking space and the business-owner's unit must have two parking spaces. All parking spaces shall
be in conformance with chapter 18.4.3.
6. Only one ground or wall sign, constructed of a non-plastic material, non-interior illuminated, and a maximum of six square feet total surface area is
allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby
the travelers' accommodation in accordance with subsection 18.4.4.050.C.1.
7. An annual inspection by the Jackson County Health Department shall be conducted as required by the laws of Jackson County or the State of
Oregon.
8. Transfer of business-ownership of a travelers' accommodation shall be subject to all requirements of this section and conform with the criteria of this
section. Any further modifications beyond the existing approval shall be in conformance with all requirements of this section.
C. Accessory Travelers' Accommodations. In addition to the standards in section 18.2.3.220.A, accessory travelers' accommodations shall meet all of the
following requirements.
1. The operator of the accessory travelers' accommodation must be the property owner and the property must be the operator's primary residence. The
operator must be present during operation of the accessory travelers' accommodation.
2. The property is limited to having one accessory travelers' accommodation unit, covered under a single reservation and consisting of two or fewer
bedrooms. Meals are not provided and kitchen cooking facilities are not permitted with an accessory travelers' accommodation, with the exception of
kitchen cooking facilities for the primary residence.
3. The total number of guests occupying an accessory travelers' accommodation must not exceed two people per bedroom.
4. The property must have two off-street parking spaces. The total number of guest vehicles associated with the accessory travelers' accommodation
must not exceed one.
5. Signs are not permitted in conjunction with the operation of an accessory travelers' accommodation.
GAcomm-de0planningTIanning Actions\Noticing FolderWailed Notices & Signs\2017\PA-2017-00896.docs
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AFFIDAVIT OF FAILING
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k
4
STATE OF OREGON
County of Jackson )
i
The undersigned being first duly sworn states that:
1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On 5/30/171 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 #2017-00896, 150 Pioneer.
Signature of Employee
I
DocumeW 5130/2017
i
PA-2017-00896 391 E09BA 11900 PA-2017-00896 391 E09BB 12300 PA-2017-00896 391 E09BB 12400
BERMAN SANDRA TRUSTEE ET AL BERMAN STEVEN BERMAN DELAUNAY DEBORAH ET AL
162 N PIONEER ST MITCHELL/STEVEN 336 MOWETZA DR
ASHLAND, OR 97520 79 PINE ST ASHLAND, OR 97520
ASHLAND, OR 97520
PA-2017-00896 391 E09BB 13000 PA-2017-00896 391 E09BA 10100 PA-2017-00896 391 E09BA 40001
FIRST INTERSTATE BANK/OR NA FIRST PLACE PARTNERS LLC FIRST PLACE PARTNERS LLC
C/O THOMSON PROPERTY TAX SVC 815 ALDER CREEK DR WASHINGTON FEDERAL #294RE
P 0 BOX 2609 MEDFORD, OR 97504 425 PIKE ST
CARLSBAD, CA 92018 SEATTLE, WA 98101
PA-2017-00896 391 E09BB 11900 PA-2017-00896 391 E09BA 12300 PA-2017-00896 391 E09BA 12000
GREG BAILEY ENTERPRISES II LLC HUFF JAYNE DUTRA/GORDON C MITCHELL MEGAN ANN
4902 MT ASHLAND SKI RD 1088 KRISTEN DR 180 N PIONEER ST
ASHLAND, OR 97520 MEDFORD, OR 97504 ASHLAND, OR 97520
PA-2017-00896 391 E09BA 11800 PA-2017-00896 391 E09BB 12200 PA-2017-00896 391 E09BA 12500
POTOCKI STAN RIGOTTI GARY R/YVONNE DUNN ROGERS MICHAEL GLENN/KATHY ANNE
2020 CRESTVIEW DR 12 PEBBLE CREEK DR 978 CAPITOLA WAY
ASHLAND, OR 97520 EAGLE POINT, OR 97524 SANTA CLARA, CA 95051
PA-2017-00896 391 E09BA 12100 PA-2017-00896 391 E09BA 12400 PA-2017-00896 391 E09BA 12200
RUSTY LLC HOLLEYJOAN L SPIERINGS K A TRUSTEE FBO STEWART MARILYN M
2305 ASHLAND ST C312 PO BOX 1315 142 B ST
ASHLAND, OR 97520 PHOENIX, OR 97535 ASHLAND, OR 97520
PA-2017-00896 391 E09BB 12100 PA-2017-00896 391 E09BB 12600 PA-2017-00896 391 E09BB 12700
UHTOFF KATHERINE J TRUSTEE ET AL YATES JOAN M ET AL YORK ELIZABETH G
633 ROCA ST 10 BUCHANAN ST 640 PRACHT
ASHLAND, OR 97520 NASHUA, NH 03060 ASHLAND, OR 97520
150 Pioneer
NOC 5/30/17
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ZONING PERMIT APPLICATION
Planning Division
- 51 Winburn Way, Ashland OR 97520 FILE #
IT x o F
ASHLAND 541-488-5305 Fax 541-488-6006
DESCRIPTION OF PROJECT Conditional Use Permit for Travelers Accommodation
DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? ❑ YES ❑ NO
Street Address 150 Pioneer Street
Assessor's Map No. 39 1 E 09BA Tax Lot(s) 11800
Zoning R-2 Comp Plan Designation Low Density, Multi-Family Residential
APPLICANT
Name Stan Potoc;e Phone- 541-890-4339 E-Mail stanvrc@mind.net
Address 150 Pioneer Street City Ashland Zip 97520
PROPERTY OWNER
Name Stan Potoki Phone 541-890-4339 E-Mail stanvrc@mind.net
Address 150 Pioneer Street City Ashland Zip 97520
SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER
Title Name Phone E-Mail
Address City Zip
Title Name Phone E-Mail
Address City Zip
l 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, /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. l further understand that if this request is subsequently contested, the burden will be on me to
establish:
1) that l produced sufficient factual evidence at the hearing to support this request,,
2) that the findings of fact furaishedjustifies the granting of the request;
3) that the findings of fact furnished by me are adequate,, and further
4) that all structures or improvements are properly located on the ground.
Failure in this regard ill result Wffl ly the request being set aside, but also possibly in my structures being built in reliance thereon being required to
be removed at my se f l am advised to s eek competent professional advice and assistance.
~l 7
/7
Applican ts Signature Date
As owner of the property i~v%d "n t is request, l have read and understood the complete application and its consequences to me as a property
owner. /
Prope caner s Signature (required) Date
[To be completed by City Stag)
Date Received t Zoning Permit Type Filing Fee $
,
OVER 0
GAcomm-de0piannin&orms & HandoutsVoning Pennil Application.doc
VOCATIONAL RESOURCE CONSULTANTS
P.O. Box 217, Ashland, Oregon 97520 (541) 482-8888
May 19, 2017
City of Ashland Planning Department
Addendum to 5/15/17 Travelers' Accommodation Application, 150-152 N. Pioneer Street
As per my updated contacts with planning department staff, I am writing this addendum to address
one change from the original application dated 5/15/17.
The original application involved a request for four travelers' accommodation units and continuing
use of the remaining allowable space for my business office, Vocational Resource Consultants.
Instead, I would like to request approval for three travelers' accommodation units along with the
use of the remaining allowable space for my business office.
The difference from the original 5/15/17 application is simply that there would be one larger
travelers' accommodation unit downstairs in the front building (150 N. Pioneer Street) rather than
two smaller travelers' accommodations in that same space.
I have therefore simply edited the original application below to incorporate that one revision as
follows:
I am writing in order to provide additional information and in order to request planning department
approval for travelers' accommodations. With reference to the 4/19/17 Ashland planning
department pre-application conference comment sheet, I will address approval criteria (AMC
18.2.3.220) as follows:
A.1: The accommodation will meet all applicable building, fire and related safety codes.
A.2: I will maintain a city business license and pay all transient occupancy taxes.
A.3: Any potential advertising will include the city planning action number assigned to land use
approval.
AA: Regulations outlined in this section will be followed.
6.1: The property is located within 200 ft. of a boulevard, avenue or neighborhood collector.
8.2: As addressed in recent city council meetings and planning department meetings during the
past few months, findings outlined by the planning commission on 9/13/16 noted that "The
commission finds that this site would be uniquely suited to considering an appropriate commercial
use through the conditional use permit process without a required residential component."
In separate city council findings dated 10/4/16, the city council noted that "the planning
commission further found that while there has been an informal policy for some time, that
commercial uses allowed conditionally in residential neighborhoods should maintain a residential
presence.... this site would be uniquely suited to considering an appropriate commercial use
through the conditional use permit process without a required residential requirement."
The business, Vocational Resource Consultants, has operated at the property location for almost 30
years. The request is to continue current daytime business operations at Vocational Resource
Consultants, which has typical office hours of Monday through Friday, 8:00 AM until 5:00 PM The
business operates during the waking hours of the day and the residence is dark after 5:00 PM. The
proposal will introduce a residential element back to the property and back to the historic
structure. The guests will be invited to enjoy the Pioneer Street streetscape from the front porch.
B.3: The primary structure on the property where the office is located is well over 20 years old.
B.4: As addressed in the pre-application, the lot size is .19 acres (8,320 ft.). My understanding is that
the size allows for 4.6 travelers' accommodation units. My request is for three travelers' -
accommodation units and to continue to use the remaining allowable space for my business office,
Vocational Resource Consultants.
There are two houses on the property. The rear property is 1,172 square ft. and would be one unit.
Sprinklers were installed in the rear building when it was built. The front structure has a separate
upstairs unit which is 913 square ft., providing the area for the second unit. Much of the ground
floor of 150 Pioneer Street is proposed to be one large vacation rental unit of approximately 950
square ft. The remainder of the ground floor of the historic residence will be the business owner's
daytime business office.
B.4a: The current downstairs of the front structure is 1,205 square ft., this area is the present
location of Vocational Resource Consultants. The plan is to utilize that space for one travelers'
accommodation unit, as noted, of approximately 950 square ft. and then for the remainder of the
1,205 square ft. space to be continued to be used as an office.
B.4b: As addressed, there will be over 400 square ft. of gross interior floor space for each travelers'
accommodation unit.
B.5: Each accommodation will have one off street parking space and there are additional parking
spaces available for use as well. Please refer to the site plan which depicts six parking spaces in the
compacted gravel, surface parking area at the rear of the historic residence. This parking area was
installed with the business and carriage house approval. The parking area has functioned very well
and based on what appears to be standards for parking lot development, the parking area with less
than seven parking spaces is not required to be asphalted. Due to the climatic impacts of asphalt
and how it would impact the site, it is requested that the surface treatment not be altered. The use
of the site has had a significant commercial presence over the years and the change from office
building to travelers' accommodation will reduce the number of daily vehicle trips to and from the
property. The property to the north that shares the same gravel driveway and maneuvering area
also has a travelers' accommodation and their parking area is also compacted gravel.
B.6: A sign that complies with the standards for signs allowed in the residential zone on properties
that have an approved Conditional Use Permit and within the Historic District will obtain a separate
sign permit.
B.7: Per criteria, an annual inspection will be conducted by the Jackson County Health Department.
B.8: Any potential future transfer of ownership will be subject to requirements outlined in the
regulations.
18.5.2.050 Site Design Review Approval Criteria
A: Underlying zone: the proposal complies with applicable provisions of the underlying zone.
B: The proposal complies with applicable overlay zone requirements.
C: The proposal complies with applicable site development and design standards except as provided _
by subsection E. The original land use approvals that allowed for first, the conversion of the historic
structure to Vocational Resource Consultants and the approval that followed for the construction of
the second residential unit on the property will be maintained through this application. All .
landscaping, trees and other site improvements will be maintained and or updated to improve the
site for the comfort of the guests. No reductions in landscaping are anticipated.
D: Customary city services are available. The two structures on the property are served by City of
Ashland water, sanitary sewer services, storm water services and electric service. No changes to the
public utility services is anticipated.
E: As noted by planning staff in 4/19/17 comments, "A variance to driveway width was granted in
2005 (PA # 2005-00039) due to the unique circumstances that the driveway is shared and between
two existing historic structures, and therefore prevented the driveway from being widened.
Although the substandard width of the 12' wide driveway is fixed, and no additional variance
findings are necessary to address this condition, the intensification of use of the property will
require the driveway and onsite parking to meet existing standards."
The addition of travelers' accommodation units, in combination with the existing office, will not
have an adverse impact on the surrounding area other than would be the property if it were
developed to the maximum permitted residential density.
By utilizing the property as a travelers' accommodation, there will be fewer vehicle trips than
otherwise. That is because tourists will not be making multiple trips in order to commute to work,
purchase groceries, etc. Instead, tourists will park in an absolutely ideal parking location which is
just one block from the plaza, and will walk to downtown stores, restaurants, plays, etc. Also,
tourists are in direct proximity to downtown restaurants, plays, stores, and groceries (i.e., Ashland
Food Co-op) which are all within approximately one block. As previously addressed and as per the
site plan, there are sufficient parking spaces available onsite at the property without the need to
request for an on street parking credit.
18.5.4.050: Conditional Use Approval Criteria
A.1: Use will be in conformance with standards within the zoning district and in conformance with
relevant comprehensive plan policies. The proposed use of the property as three travelers'
accommodation units is allowed within the comprehensive plan and consistent with the standards
for the zoning district. Fire Department requirements for inspection will be adhered to. There are
fire sprinklers in the rear carriage house unit.
A.2: As noted, there are adequate city facilities. Adequate public transportation is also in very close
proximity. Buses travel on Lithia Way which is a half block from the property location.
A.3: There will be no greater adverse material effect on the immediate area. Of note is that this R2
.property is directly adjacent to a very highly intensive commercial property (i.e., City of Ashland
parking lot). Also, directly across the street from the property, there are multiple commercial
businesses including a gas station, art gallery, Ruby's, Gil's, etc.
Also, on the north side of the property, the neighbor's property has been utilized for many years as
a retail store in front and more recently as a travelers' accommodation. Therefore, the property is
essentially almost surrounded by commercial use activities. Pioneer Street is a very active
commercial corridor.
The property is in the historic district and is similar in scale to other properties. Regarding traffic,
tourists who are visiting Ashland will logically park in an ideal location and walk. This will generate
less traffic than office or residential use. Bicycle storage areas will be located on the property. There
is a stairway accessing the upstairs of 150 N. Pioneer Street, under this stair, four bicycle parking
spaces (two U-racks) will be installed to provide covered bicycle parking spaces.
The structures are architecturally compatible with the area and no exterior changes are planned.
There will be no impact involving air quality, odors, environmental pollutants, etc. There will be no
adverse impacts involving light, glare, or noise.
A.4: The conditional use permit does not involve a use that is prohibited.
A.S: The proposed uses comply with ordinance requirements with consideration to all application
criteria which are being addressed.
18.5.5.050: Variance Criteria
As noted, driveway width was already a granted variance and was previously institutionalized by a
prior planning action. The width is fixed. Regarding owner occupancy, the use involves an ongoing
owner presence at the site due to customary daytime business operations. This involves an active
physical presence during waking hours of the day as compared to someone working at a different
location and just sleeping at a property without having any presence during the day. The property is
highly unique in its location directly adjacent to a very busy, public parking lot. The properties
across Pioneer Street are zoned Commercial (C-1) and have successful businesses operating
Monday through Sunday from 8:00 AM to 10: PM-ish. The use of the primary residence on the site
as an office building has been approved as such since 1988 and the use of the property has
historically been operated as an 8 - 5, Monday through Friday site use. The use of the site is unique
when compared to other residential properties in the vicinity. Also, as previously noted, the
Ashland Planning Commission in recent findings have noted that "The commission finds that this
site would be uniquely suited to considering an appropriate commercial use through the conditional
use permit process without a required residential component."
Regarding landscaping, there are no exterior changes to the two structures on the property.
Landscaping is already in place which includes mature trees, shrubs, grass, etc. Automated watering
is in place at both structures with irrigation systems, existing driplines, timers, etc.
Regarding refuse and recycle areas, there is currently adequate space which allows for discrete
placement of four large recycling bins, a trash container, and bottle recycling alongside the
driveway at the middle of the front structure. The white picket fence extends into the recycling area
and provides for visual buffering.
Regarding signage, the existing office sign will be modified to incorporate a small travelers'
accommodations reference on the signage which is already in place. This will involve one singular
sign at the current existing size. Signage will be in compliance with criteria outlined in regulations.
Regarding licensing, a City of Ashland business license will be obtained. The units will be registered
for the transient occupancy tax (TOT) through the Ashland Utility Billing Office. Other requisite
licensing will be obtained from Jackson County.
Sincerely,
i
Stan Potocki
(541) 890-4339
Attachments:
Site Plan
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VOCATIONAL RESOURCE CONSULTANTS
P.O. Box 217, Ashland, Oregon 97520 (541) 482-8888
May 15, 2017
City of Ashland Planning Department
Application: Travelers' Accommodations, 150-152 N. Pioneer Street
Greetings,
I am writing in order to provide additional information and in order to request planning department
approval for travelers' accommodations. With reference to the 4/19/17 Ashland planning department
pre-application conference comment sheet, I will address approval criteria (AMC 18.2.3.220) as follows:
A.I: The accommodation will meet all applicable building, fire and related safety codes.
A.2: I will maintain a city business license and pay all transient occupancy taxes.
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A.3: Any potential advertising will include the city planning action number assigned to land use approval.
A.4: Regulations outlined in this section will be followed.
13.1: The property, at 150 Pioneer Street, is located within 200 ft. of a boulevard, avenue or
neighborhood collector.
13.2: As addressed in recent city council meetings and planning department meetings during the past
few months, findings outlined by the planning commission on 9/13/16 noted that "The commission
finds that this site would be uniquely suited to considering an appropriate commercial use through
the conditional use permit process without a required residential component."
In separate city council findings dated 10/4/16, the city council noted that "the planning commission
further found that while there has been an informal policy for some time, that commercial uses allowed
conditionally in residential neighborhoods should maintain a residential presence.... this site would be
uniquely suited to considering an appropriate commercial use through the conditional use permit
process without a required residential requirement."
The business, Vocational Resource Consultants, has operated at the property location for almost 30
years. The request is to continue current daytime business operations of Vocational Resource
Consultants, which has typical office hours of Monday through Friday, 8:00 AM until 5:00 PM. The
business operates during the waking hours of the day and the residence is dark after 5:00 PM. The
proposal will introduce a residential element back to the property and back to the historic structure.
The guests will be invited to enjoy the Pioneer Street streetscape from the front porch.
13.3: The primary structure on the property where the office is located is well over 20 years old.
B.4: As addressed in the pre-application, the lot size is .19 acres (8,320 ft.). My understanding is that the
size allows for 4.6 travelers' accommodation units. My request is for four travelers' accommodation
units and to continue to use the remaining allowable space for my business office, Vocational Resource
Consultants.
There are two houses on the property. The residence at the rear of the property is 1,172 square ft. and
would be one unit. Sprinklers were installed in the rear building when it was constructed. The front
residence has a separate upstairs unit which is 913 square ft., providing the area for the second unit.
Much of the ground floor of 150 Pioneer Street is proposed to be two vacation rental units. The
remaining office area and rear portions of the ground floor of the historic residence will be the business
owner's daytime business office.
B.4a: The current downstairs of the front structure is 1,205 square ft., this area is the present location
of Vocational Resource Consultants. The plan is to utilize this space for two travelers' accommodation
units with a minimum of 400 square ft. of space for each separate unit and then for the remainder of
the 1,205-square ft. space (after factoring for two traveler's accommodations with a minimum of 400
square ft. each) to be continued to be used as an office.
B.4b: As addressed, there will be at least 400 square ft. of gross interior floor space for each travelers'
accommodation unit.
B.5: Each accommodation will have one off street parking space and there are additional parking spaces
available for use as well. Please refer to the site plan which depicts six parking spaces in the compacted
gravel, surface parking area at the rear of the historic residence. This parking area was installed with the
business and carriage house approval. The parking area has functioned very well and based on what
appears to be standards for parking lot development, the parking area with less than seven parking
spaces is not required to be asphalted. Due to the climatic impacts of asphalt and how it would impact
the site, it is requested that the surface treatment not be altered. The use of the site has had a significant
commercial presence over the years and the change from office building to traveler's accommodation
will reduce the number of daily vehicle trips to and from the property. The property to the north that
shares the driveway and maneuvering area also has a traveler's accommodation and that parking area
is also compacted gravel.
B.6: A sign that complies with the standards for signs allowed in the residential zone on properties that
have an approved Conditional Use Permit and within the Historic District will obtain a separate sign
permit.
B.7: Per criteria, an annual inspection will be conducted by the Jackson County Health Department.
B.8: Any potential future transfer of ownership will be subject to requirements outlined in the
regulations.
18.5.2.050 Site Design Review Approval Criteria
A: Underlying zone: the proposal complies with applicable provisions of the underlying zone.
B: The proposal complies with applicable overlay zone requirements.
r
C: The proposal complies with applicable site development and design standards except as provided by
subsection E. The original land use approvals that- allowed for first, the conversion of the historic
structure to Vocational Resource Consultants and the approval that allowed for the construction of the
second residential unit on the property will be maintained through this application. All landscap::ing,
trees and other site improvements will be maintained and or updated to improve the site for the comfort
of the guests. No reductions in landscaping are anticipated.
D: Customary city services are available. The two structures on the property are served by City of Ashland
water, sanitary sewer services, storm water services and electric service. No changes to the public utility
services is anticipated.
E: As noted by planning staff in 4/19/17 comments, "A variance to driveway width was granted in 2005
(PA # 2005-00039) due to the unique circumstances that the driveway is shared and between two
existing historic structures, and therefore prevented the driveway from being widened. Although the
substandard width of the 12' wide driveway is fixed, and no additional variance findings are necessary
to address this condition, the intensification of use of the property will require the driveway and
onsite parking to meet existing standards."
The addition of travelers' accommodation units, in combination with the existing office, will not
have an adverse impact on the surrounding area other than would be the property if it were
developed to the maximum permitted residential density.
By utilizing the property as a travelers' accommodation, there will be fewer vehicle trips than
otherwise. That is because tourists will not be making multiple trips in order to commute to work,
purchase groceries, etc. Instead, tourists will park in an ideal parking location which is just one block
from the plaza, and will walk to downtown stores, restaurants, plays, etc. Also, tourists are in direct
proximity to downtown restaurants, plays, stores, and groceries (i.e., Ashland Food Co-op) which are
all within approximately one block. As previously addressed and as per the site plan, there are
sufficient parking spaces available onsite at the property without the need to request for an on-street
parking credit.
18.5.4.050: Conditional Use Approval Criteria
A.I: Use will be in conformance with standards within the zoning district and in conformance with
relevant comprehensive plan policies. The proposed use of the property as four traveler's
accommodation units is allowed within the comprehensive plan and consistent with the standards for
the zoning district. Fire Department requirements for inspection will be adhered too. There are fire
sprinklers in the rear carriage house unit.
A.2: As noted, there are adequate city facilities. Adequate public transportation is also in very close
proximity. Buses travel on Lithia Way which is a half block from the property location.
A.3: There will be no greater adverse material effect on the immediate area. Of note is that this R2
property is directly adjacent to a highly intensive commercial property (i.e., City of Ashland parking
lot). Also, directly across the street from the property, there are multiple commercial businesses
including a gas station, art gallery, Ruby's, Gil's, etc.
Also, on the north side of the property, the neighbor's property has been utilized for many years as a
retail store in front and more recently as a travelers' accommodation. Therefore, the property is
essentially almost surrounded by commercial use activities. Pioneer Street is a very active commercial
corridor.
i
The property is in the historic district and is similar in scale to other properties. Regarding traffic,
tourists who are visiting Ashland will logically park in an ideal location and walk. This will generate less
traffic than office or residential use. Bicycle storage areas will be located on the property. There is a
stair way accessing the upstairs of 150 Pioneer Street, under this stair, four bicycle parking spaces (two
U-racks) will be installed to provide covered bicycle parking spaces.
The structures are architecturally compatible with the area and no exterior changes are planned. There
will be no impact involving air quality, odors, environmental pollutants, etc. There will be no adverse
impacts involving light, glare, or noise.
Ak The conditional use permit does not involve a use that is prohibited.
A.5: The proposed uses comply with ordinance requirements with consideration to all application
criteria which are being addressed.
18.5.5.050: Variance Criteria
As noted, driveway width was already a granted variance and was previously institutionalized by a
prior planning action. The width is fixed. Regarding owner occupancy, the use involves an ongoing C
owner presence at the site due to customary daytime business operations. This involves an active
physical presence during waking hours of the day as compared to someone working at a different
location and just sleeping at a property without having any presence during the day. The property is
unique in its location directly adjacent to a very busy, public parking lot. The properties across Pioneer
Street are zoned Commercial (C-1) and have successful businesses operating Monday through Sunday
from 8:00 to 10ish. The use of the primary residence on the site as an office building has been
approved as such since 1988 and the use of the property has historically been operated as an 8 - 5,
Monday through Friday site use. The use of the site is unique when compared to other residential
properties in the vicinity. Also, as previously noted, the Ashland Planning Commission in recent
findings have noted that "The commission finds that this site would be uniquely suited to considering
an appropriate commercial use through the conditional use permit process without a required
residential component."
Regarding landscaping, there are no exterior changes to the two structures on the property.
Landscaping is already in place which includes mature trees, shrubs, grass, etc. Automated watering is
in place at both structures with irrigation systems, existing driplines, timers, etc.
Regarding refuse and recycle areas, there is currently adequate space which allows for discrete
placement of four large recycling bins, a trash container, and bottle recycling alongside the driveway at
to the north of the front residence. The white picket fence extends into the recycling area and provides
for visual buffering.
Regarding signage, the existing office sign will be modified to incorporate a small travelers'
accommodations reference on the signage which is already in place. This will involve one singular sign
at the current existing size. Signage will be in compliance with criteria outlined in regulations.
Regarding licensing, a City of Ashland business license will be obtained. The units will be registered for
the transient occupancy tax (TOT) through the Ashland Utility Billing Office. Other requisite licensing
will be obtained from Jackson County.
,incerei
Stan Potocki
(541) 890-4339
Attachments:
Site Plan
Existing Floorplans
Modified Floorplans
Aerial Photograph
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Job Address: 150 N PIONEER ST Contractor:
ASHLAND OR 97520 Address:
C
Owner's Name: POTOCKI STAN O Phone:
Customer 09258 N State Lic No:
POTOCKI STAN T City Lic No:
Applicant: 836 VORIS AVE R
Address: ASHLAND OR 97520 A
C C Sub-Contractor:
A Phone: T Address:
N Applied: 05/17/2017 O
T Issued:
Expires: 11/13/2017 Phone:
State Lic No:
Maplot: 391 E09BA11800 City Lic No:
DESCRIPTION: Conditional Use Permit for a traveler's accommodation
VALUATION
Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description
Total for Valuation:
MECHANICAL
ELECTRICAL
STRUCTURAL
PERMIT FEE DETAIL
Fee Description Amount Fee Description Amount
Conditional Use Permit Type 1 1,022.00
CONDITIONS OF APPROVAL
COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 East Main St. Fax: 541-488-5311
Ashland, OR 97520 TTY: 800-735-2900
www.ashland.or.us
Inspection Request Line: 541-552-2080 CITY F
i
E
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
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
www.ashland.or.us
Inspection Request Line: 541-552-2080 CITY F
-ASHLAN