HomeMy WebLinkAboutSiskiyou_550_PA-2016-01263
CITY F
ASHLAND
August 17, 2016
Notice of Final Decision
On August 17, 2016, the Community Development Director approved the request for the following:
Planning Action: PA-2016-01263
i
Subject Property: 550 Siskiyou Blvd
Applicant: Phillip Whitmore
Description: A request to modify the existing Conditional Use Permit to allow for the
operation of a massage therapy center. The applicant proposes to have a maximum of three therapists
working on site Monday through Saturday serving an estimated 50 clients per week. The proposal has
requested an exception the City's design standards in order to reduce the required 5' landscape buffer
between parking areas and property lines. COMPREHENSIVE PLAN DESIGNATION: Multi-family
Residential; ZONING: R-2; ASSESSOR'S MAP: 39 lE 09 AC; TAX LOT: 15600.
The Community Development Director's decision becomes final and is effective on the 12th day after the
Notice of Final Decision is mailed. Approval is valid for a period of 18 months and all conditions of
approval identified on the attached Findings are required to be met prior to project completion.
The application, all associated documents and evidence submitted, and the applicable criteria are
available for review at the Ashland Community Development Department, located at 51 Winburn Way.
Copies of file documents can be requested and are charged based on the City of Ashland copy fee
schedule.
Prior to the final decision date, anyone who was mailed this Notice of Final Decision may request a
reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO) 18.5.1.050(F)
and/or file an appeal to the Ashland Planning Commission as provided in ALUO 18.5.1.050(G). The
ALUO sections covering reconsideration and appeal procedures are attached. The appeal may not be
made directly to the Oregon Land Use Board of Appeals.
If you have any questions regarding this decision, please contact Cory Darrow in the Community
Development Department at (541) 488-5305.
cc: Property owners within 200 ft
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 ~
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:
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 I ?
Ashland, Oregon 97520 TTY: 800-735-2900 `
www.ashland.or.us ( r'
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
i
PLANNING ACTION: PA-2016-01263
SUBJECT PROPERTY: 550 Siskiyou Blvd
OWNER/APPLICANT: Whitmore
DESCRIPTION: A request to modify an existing Conditional Use Permit to allow for the operation
of a massage therapy business Monday through Sunday serving approximately 50 customers weekly.
COMPREHENSIVE PLAN DESIGNATION: Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP: 39 1E 09
AC; TAX LOT: 15600
SUBMITTAL DATE: July 1, 2016
DEEMED COMPLETE DATE: July 19, 2016
STAFF APPROVAL DATE: August 17, 2016
FINAL DECISION DATE: August 31, 2016
APPROVAL EXPIRATION DATE: February 31, 2018
DECISION
The original home on the property was built in 1901c, and is listed as a contributing historic resource on
the National Register of Historic Places. The property, an approximately.16 acre lot, is zoned for multifamily
residential (R-2) and fronts along the south side of Siskiyou Blvd. In 1985 the Planning Commission approved
a Conditional Use Permit (CUP) for conversion of the home at 550 Siskiyou Boulevard into a professional
Certified Public Accountant office (professional office) (PA85-054).
There are no proposed changes to the exterior of the existing structure; minimal interior modifications
have been proposed to accommodate the new use. Proposed changes to the site include new pedestrian
paths, a modified parking area that will decrease the cumulative lot coverage and accommodate six
sheltered bicycle parking spaces, as well as replacing a previously required parking lot tree that was
removed at some point in the past.
A massage therapy office (medical office use) requires one parking space per 350 sq. ft. of floor area.
According to Jackson County's Property Data Online, the home is 1,829 sq. ft. in size, which requires six off-
street spaces (1,829 sq. ft. / 350 = 5.2 rounded to six). Four off-street spaces are proposed along the rear
property line. Staff finds the property can accommodate two on-street parking spaces and will apply these
spaces towards meeting the requirement.
The granting of a CUP requires a finding that the proposed 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...". The property has a residential density potential of two dwelling units; any proposed
commercial use of the property must demonstrate the cumulative impacts will be less than or equal to that
all-owed use. Many of the residentially-zoned properties within the impact area of 550 Siskiyou currently
operate as conditional uses. During the 14-day public comment period, no comments were received in
opposition to the application.
The- most significant impact generally imparted on a neighborhood by commercial activity is excessive
vehicle trip generation. According to the Institute of Transportation Engineers (ITF), two multi-family
PA #2016-01263
550 Siskiyou/ CTD
Page 1
i
dwelling units - the target use of the subject property - would generate an average of thirteen (6.47 trips x
2 units) daily vehicle trips. As proposed, the use as a massage therapy business would service approximately
eight customers daily (excluding Sundays) and have a maximum of five employees on site. The applicant
asserts a large portion of the business' employees and existing customer base walk to the establishment or
arrive by bicycle. The applicant believes this to be a result of the massage industry's focus on healthy living
and body maintenance. This is important to note as Conditional Use Permit approval criterion 3.b (AMC
18.5.4.050.A.3.b), which requires that a proposal's anticipated traffic generation and effects on
surrounding streets will not negatively impact the neighborhood, asserts that "increases in pedestrian,
bicycle, and mass transit use are considered beneficial regardless of capacity of facilities".
Staff finds that, due to the large portion of customers and employees that will use non-vehicular means of
commuting to the site, the proposal will not generate traffic in excess of that anticipated from the target
use of two multi-family dwelling units. In addition, by allowing the location of an established business at a
central location within the City, Staff's decision aligns with the Comprehensive Plan's Transportation
Element Goal II, Policy I, which aims to "decrease auto use and increase walking, bicycling, public
transportation, ride sharing and other transportation demand management techniques".
The proposed use is consistent with all underlying standards of the zoning district. The application meets
the burden of proof to ensure the conditional use will not have adverse material effect on the livability of
the impact area when compared to the target use. The site possesses adequate capacity of City facilities.
The criteria for a Conditional Use Permit are described in AMC Chapter 18.5.4.050.A, as follows:
1. Tlnat the use would be in conformance with all standards within the zoning district in which the use is
proposed to be located, and in conformance with relevant Comprehensive plan policies that are not
implemented by any City, State, or Federal law or program.
i
2. That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved
access to and throughout the development, and adequate transportation can and will be provided to
the subject property.
3. That the conditional use will have no greater adverse material effect on the livability of the impact
area when compared to the development of the subject lot with the target use of the zone, pursuant
with subsection 18.5.4.050.A.5, below. When evaluating the effect of the proposed use on the impact
area, the following factors of livability of the impact area shall be considered in relation to the target
use of the zone.
a. Similarity in scale, bulk, and coverage.
b. Generation of traffic and effects on surrounding streets. Increases in. pedestrian, bicycle, and
mass transit use are considered beneficial regardless of capacity offacilities.
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.
r.
PA #2016-01263
550 Siskiyou/ CTD
Page 2
The application with the attached conditions complies with all applicable City ordinances.
Planning Action #2016-01263 complies with all applicable City ordinances with the imposition of the
conditions attached below. Therefore, Planning Action #2016-01263 is approved. If any one or more of the
following conditions are found to be invalid, for any reason whatsoever, then Planning Action #2016-01263
is denied. The following are the conditions and they are attached to the approval:
1. That all proposals of the applicant shall be conditions of approval unless otherwise specifically
modified herein.
2. That the previously required parking lot tree be installed prior to operation of the conditional use.
3. That the plans submitted for the building permit shall be in substantial conformance with those
approved as part of this application. If the plans submitted for the building permit are not in
substantial conformance with those approved as part of this application, an application to modify
the Conditional Use Permit shall be submitted and approved prior to issuance of a building
permit.
4. That the bicycle parking facilities shall be installed prior to operation of the conditional use.
5. That the applicants shall obtain a sign permit prior to the installation of any signage on the site.
Signage shall be subject to the requirements of the Sign Regulations found in Chapter 18.4.3 of
the Ashland Municipal Code.
6. That entrances facing the both front (Siskiyou Boulevard) and the rear property lines (alley)
remain unlocked during business hours.
i
y
Bill Molnar, irector Date
®.epart Pnt of Community Development
I
PA #2016-01263
550 Siskiyou/ CTD
Page 3
AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Jackson )
i
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 8/17/161 caused to be mailed, by regular mail, in a sealed envelope
with postage fully prepaid, a copy of the attached planning action notice to each person
listed on the attached mailing list at such addresses as set forth on this list under each
person's name for Planning Action #2016-01263, 550 Siskiyou.
Signature of Employee
Document5 8117{2016
PA-2016-01263 391 E09AC 14000 PA-2016-01263 391 E09AC 15700 PA-2016-01263 391 E09DB 5200
ARDELL INVESTMENT COMPANY AUBLE CARMON M TRUSTEE CAVANAUGH RAGAN PATRICIA
DAN DANIELS 542 SISKIYOU BLVD PO BOX 247
PO BOX 1715
NEWPORT BEACH, CA 92659 ASHLAND, OR 97520 ASHLAND, OR 97520
i
PA-2016-01263 391 E09BD 7800 PA-2016-01263 391 E09AC 15800 PA-2016-01263 391 E09DB 5300
DELLER JOHN D ET AL HARDWICK CLAUDIA HARDWICK JOHN ET AL
PO BOX 523 2552 EDGEWATER DR 2552 EDGEWATER DR
JACKSONVILLE, OR 97530 EUGENE, OR 97401 EUGENE, OR 97401
PA-2016-01263 391 E09AC 15400 PA-2016-01263 391 E09DB 4300 PA-2016-01263 391 E09DB 5000
HILEMAN CORREN C TRUSTEE ET AL HILLIGOSS L 0/L KUZMIC LAURSEN ERIC TRUSTEE ET AL
570 SISKIYOU BLVD 534 ANN ST 46 UNION ST C
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01263 391 E09BD 7900 PA-2016-01263 391 E09DB 5100 PA-2016-01263 391 E09DB 5500
LAURSEN MARGARET TRSTEE FBO MACKRIS KATHLEEN MARY TRUSTEE MC KEE DAVID C/CYNTHIA S L
46 UNION ST 549 ALLISON ST 145 SHERMAN ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01263 391 E09AC 15600 PA-2016-01263 391 E09DB 5400 PA-2016-01263 391 E09BD 7700
OX MONKEY LLC PANNETON ROGER F/SANDRA N PRICE LENE K ET AL
PO BOX 724 125-121 SHERMAN ST 469 ALLISON
TALENT, OR 97540 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01263 391 E09BD 7600 PA-2016-01263 391 E09AC 15500 PA-2016-01263 391 E09AC 14400
REPP JOINT TRUST ET AL SECOND AVENUE HOLDINGS LLC TUMPANE LLC
514 SISKIYOU BLVD PO BOX 613 555 SISKIYOU BLVD
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01263 391 E09DB 4900 PA-2016-01263 PA-2016-01263
WHITE GLENN/TREADWAY MONA PHILIP WHITMORE CARLOS DELGADO
160 MEADE ST 246 FOURTH ST 217 FOURTH ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01263
LAURIE SAGER 550 Siskiyou
700 MISTLETOE RD, STE 201 NOD 8/17/16
ASHLAND, OR 97520 22
Planning Department, 51 Winb`u„€ Way, Ashland, Oregon 97520 I T Y "
541-488-5305 Fax: 541-552-2050 www,ashland.or.us TTY: 1-800-735-2900
NOTICE OF APPLICATION
PLANNING ACTION: PA-2016-01263
SUBJECT PROPERTY: 550 Siskiyou Blvd
OWNER/APPLICANT: Phillip Whitmore
DESCRIPTION: A request to modify the existing Conditional Use Permit to allow for the operation of
a massage therapy center. The applicant proposes to have a maximum of three therapists working on site
Monday through Saturday serving an estimated 50 clients per week. The proposal has requested an
exception the City's design standards in order to reduce the required 5' landscape buffer between parking
areas and property lines. COMPREHENSIVE PLAN DESIGNATION: Multi-family Residential;
ZONING: R-2; ASSESSOR'S MAP: 39 lE 09 AC; TAX LOT: 15600.
NOTICE OF COMPLETE APPLICATION: July 19, 2016
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: August 2, 2016
~AQO
The Ashland Planning Division Staff has received a complete application for the property noted above.
Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn Way,
Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above.
Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice
is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the comment period
and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice
of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staff's decision must
be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.108.040)
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application,
by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the
Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal
to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity
to allow this Department to respond to the issue precludes an action for damages in circuit court,
A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be
provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services
Building, 51 Winburn Way, Ashland, Oregon 97520.
If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305.
ocx
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,
j
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 1825 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.
i
G:\comm-dev\planning\Planning Actions\Noticing FolderWalled Notices & Signs\2016\PA-2016-01263.docz
AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Jackson )
The undersigned being first duly sworn states that:
1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On July 19, 2016 1 caused to be mailed, by regular mail, in a sealed
envelope with postage fully prepaid, a copy of the attached planning action notice to
each person listed on the attached mailing list at such addresses as set forth on this list
under each person's name for Planning Action #2016-01263, 550 Siskiyou Blvd.
M, gr4p
Sign ure of Employee
i
k
Dmumend 7/19/2016
I
f:
PA-2016-01263 391 E09AC 14000 PA-2016-01263 391 E09AC 15700 PA-2016-01263 391 E09DB 5200
ARDELL INVESTMENT COMPANY AUBLE CARMON M TRUSTEE CAVANAUGH RAGAN PATRICIA
PO BOX 1715 542 SISKIYOU BLVD PO BOX 247
NEWPORT BEACH, CA 92659 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01263 391 E09BD 7800 PA-2016-01263 391 E09AC 15800 PA-2016-01263 391 E09DB 5300
DELLER JOHN D ET AL HARDWICK CLAUDIA HARDWICK JOHN ET AL
PO BOX 523 2552 EDGEWATER DR 2552 EDGEWATER DR L
JACKSONVILLE, OR 97530 EUGENE, OR 97401 EUGENE, OR 97401
PA-2016-01263 391 E09AC 15400 PA-2016-01263 391 E09DB 4300 PA-2016-01263 391 E09DB 5000
HILEMAN CORREN C TRUSTEE ET HILLIGOSS L O/L KUZMIC LAURSEN ERIC TRUSTEE ET AL
AL 534 ANN ST 46 UNION ST
570 SISKIYOU BLVD ASHLAND, OR 97520 ASHLAND, OR 97520
.ASHLAND. OR 97520
PA-2016-01263 391 E09BD 7900 PA-2016-01263 391 E09DB 5100 PA-2016-01263 391 E09DB 5500
LAURSEN MARGARET TRSTEE FBO MACKRIS KATHLEEN MARY MC KEE DAVID C/CYNTHIA S
46 UNION ST TRUSTEE ET AL 145 SHERMAN ST
ASHLAND, OR 97520 549 ALLISON ST ASHLAND, OR 97520
ASHLAND. OR 97520
PA-2016-01263 391 E09AC 15600 PA-2016-01263 391 E09DB 5400 PA-2016-01263 391 E09BD 7700
OX MONKEY LLC PANNETON ROGER F/SANDRA N PRICE LENE K ET AL
PO BOX 724 125-121 SHERMAN ST j 469 ALLISON
TALENT, OR 97540 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01263 391 E09BD 7600 PA-2016-01263 391 E09AC 15500 PA-2016-01263 391 E09AC 14600
REPP JOINT TRUST ET AL SECOND AVENUE HOLDINGS LLC TUMPANE LLC
514 SISKIYOU BLVD PO BOX 613 ! 555 SISKIYOU BLVD
ASHLAND, OR 97520 ASHLAND, OR 97520 !ASHLAND, OR 97520
I
PA-2016-01263 391E09DB 4900 PA-2016-01263 PA-2016-01263
WHITE GLENN/TREADWAY MONA PHILLIP WHITMORE CARLOS DELGADO
160 MEADE ST 246 FOURTH STREET 217 FOURTH STREET
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2016-01263 550 SISKIYOU
LAURIE SAGER 7/19/2016 NOC
700 MISTLETOE STE 201 22
ASHLAND, OR 97520
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' Planning Division ZONING MIT APPLICATION
C I T Y OF 51 Winbum Way, Ashland OR 97520 3
FILE#_ dl~
-ASHLAND 541-488-5305 Fax541-488-6006
DESCRIPTION OF PROJECT
DESCRIPTION OF PROPERTY Pursuing LEED® Certification? ❑ YES NO
Street Address 550 Siskiyou Blvd
Assessor's Map No. 391 E 09AC Tax Lot(s) 15600
Zoning R-2 Comp Plan Designation
APPLICANT
Name Philip Whitmore Phone 541-944-0909EMail PhilipWhitmore@me.com
Address 4/ 1"- City Ashland Zip 97520
PROPERTY OWNER
Name Philip Whitmore Phone 541-944-0909E-Mail PhilipWhitmore@me.com
Address- 7 6f &/City Ashland Zip
SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT OTHER
Title Architect Name Carlos Delgado Phone 541-552-9502 E-Mail Carlos@CarlosDelgadoArchitect.com
Address 2-) 7 city Ashland Zip 97520
Title Landscape Architect Name Laurie Sager Phone 541-488-1446 E-Mail lauriesager@lauriesager.com
Address 700 Mistletoe Rd, Suite 201 city Ashland Zip 97520
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. /understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their
location found to be incorrect, the owner assumes full responsibility. I further understand that if this request is subsequently contested, the burden will be on me to
establish:
1) that I produced sufficient factual evidence at the hearing to support this request;
2) that the findings of fact furnished justifies the granting of the request;
3) that the findings of fact furnished by me are adequate, and further
4) that all structures or improvements are properly located on the ground.
Failure in 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 removfiU afy expense If have any doubts, l am advised to seek competent professional advi Zend assistance.
Applicants Signature Date
As owner of the property involved in this request, l have read and understood the complete application and its cone( juences to me as a property
owner. Z /
- - 414-
f
Property wner's Signature (required) Date
fro be completed by City Stall)
Date Received 10, r J
/ Zoning Permit Type Filing Fee $ /
OVER N
G:komm-dcv\planning\Forms & Iiandouts\Zoning Permit Application.doc
P: S11 488 67S7 / F: S41 4--
246 _
SBSKB1fOUMASSAGE.COM
Request for a Conditional Use Permit to allow forte modification o the existing
Conditional Use Permit to change the allowed use from general office to medical office for
a Massage 'T'herapy Center for the property located at 550 Siskiyou Boulevard
The request is to modify the existing Conditional Use Permit granted by the City of Ashland in
1985 for the use of the Historic Contributing residence at 550 Siskiyou Blvd. as a professional
office building to be used as a Massage Therapy Center.
Siskiyou Massage has been in operation at their current location on Fourth Street in the Railroad
Historic District for seven years and has had the opportunity to purchase the building at 550
Siskiyou versus paying a monthly lease.
Siskiyou Massage has two part-time receptionists, with only one working at any given time.
There are between eight to twelve contracted massage therapists who work with varying hours.
No more than three massage therapists work at any given time. The employees and therapists all
live in Ashland and most walk or ride bicycles to work.
Siskiyou Massage sees an average of 50 clients per week and is open 6 days/week (Monday-
Saturday). We average about 9 clients per day on the weekdays and about 5 on Saturdays. Our
massage sessions are scheduled with a minimum of 15 minutes between sessions to give the
therapists time to chart notes and prepare for the next client. The time between sessions also
helps to avoid "stacked" clients waiting in the lobby. Our therapists start their sessions on time
and end on time which ensures that no one has to wait.
The majority of our clients live in Ashland. Many clients walk or ride bikes to our center. We
also tend to get clients who are visiting during the Oregon Shakespeare season. Because we are
currently just a few blocks from downtown and many of the lodging sites, many of our visiting
clients walk. It seems to be the nature of massage therapy, a lot of our clients prefer to walk back
home rather than drive.
The proposal is to allow for a different use than allowed with the 1985 approval. With this
proposal, Siskiyou Massage will be the only occupant of the building. We will need three
massage offices, a reception office and an administrative office. At peak times we will have 5
people working in the building (3 massage therapists, I receptionist and I will be working in the
administrative office). Only 3 of those 5 will be seeing clients. Typical massage sessions are
generally 60 to 90 minutes long.
The property is "non-conforming" to the Site Design standards of today particularly in that there
is no formal bicycle parking - previous tenants parked bicycles on the front porch and the
1-T
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P: 541 488 6757 / F: 541 482 2064
2464TH ST, ASHLAND, OR 97520 ~SISKIYOUMASSAGE,COM 1~l~ ~f r"~~ ~If~;
A therapeutic massage clinic.
parking lot shade tree that had previously been in the middle of the parking area was removed at
some point in the past. Additionally, as previously approved, there are no landscape buffers
adjacent to the parking area.
With this proposal, bicycle parking and a parking lot shade tree are proposed. Due to lot width
and the amount of area that the parking spaces require, there is not room for the five-foot
landscape buffers adjacent to the parking area as required by current standards. Since the lot
cannot be any wider and the parking spaces cannot be narrowed, six and one half foot tall cedar
fencing will be installed adjacent to the parking spaces to provide a buffer for the adjacent
properties.
Also with this proposal, the parking area will be modified to reduce the depth of the spaces off of
the alley and increase the amount of landscaping between the building and parking lot. Currently
the spaces are recessed nearly 16 feet into the property, increasing the amount of paving
significantly. We would like to move the parking spaces toward the alley allowing for the
removal of the excess paving and allowing for the increase in the amount of landscaping
including a red maple for the parking lot shade tree. The front of the parking spaces will be 24-
feet from the rear property line allowing for adequate back-up and turn around in the alley.
Below are findings of fact addressing the criteria for a Conditional Use Permit.
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.
The proposed use would be in conformance with all standards within the zoning district
and is in conformance with the Comprehensive Plan. Office use, including Medical
Offices and personal service establishments are permitted in the Low Density Multiple
Family residential zone with a Conditional Use Permit (CUP).
The property has been in continuous operation with various offices, currently, mental
health counseling offices and financial offices since the 1980s under the auspices of a
previous Conditional Use Permit (PA-85-054). This request is to modify the existing
CUP to allow for a Massage Therapist Office.
Minimal site modifications are proposed. These are to bring the site closer to
conformance with the standards of the municipal code. These include, the installation of '
bicycle parking, cleaning up the property, removing overgrown vegetation, planting a
parking lot shade tree and the future modification to the landscaping to be less water
reliant grass and increasing drought tolerant plantings.
P: S41 488 6757 / F: 541 482 2064 I. 11
246 4TH ST, ASHLAND, OR 97520 j a
r
S1510YOUMASSAGE.GOM s
i
A therapeutic massage clinic.
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.
Adequate utilities, including water, sewer, electricity and storm drainage are currently in
place at the location and they will continue to be provided. There is paved access to the
site through the alley as well as by Siskiyou Blvd. Adequate transportation through
i
walking, biking, driving and RVTD Bus is available.
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. 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.
The requested modification to the conditional use permit can be compared to using the
property as two separate residences, the target use of the R-2 zone. According the target
use, the existing building could be divided into two separate residences or it could be
used as one residence and another could be built to the rear of the building. Given the
location of the property: on one of the busiest boulevards in Ashland, across the street
from a large hotel and with a Fire Station one block away, it may not be considered an
ideal living location for a long-term resident. The property would most likely have a
medium to high turn-over in tenants and would attract a more transient population such as
college students.
The use of the property as office space for the past 30+ years without neighborhood
complaint is evidence that there will be no adverse impacts from the modification to the
existing conditional use permit.
a) Similarity in scale, bulk and coverage.
We propose to use the existing building in the same footprint as it exists today. There are
no anticipated changes in scale, bulk or coverage.
b) Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and
mass transit are considered beneficial regardless of capacity of facilities.
With an average of eight clients per day Monday through Saturday, we would be
generating fewer trips per day than the possible two residential units. In addition, the
majority of our clientele tend to be healthy, active people living in Ashland. The nature of
massage therapy is to slow a person down, quiet their mind and have positive effects on
their body. Many of our clients walk or ride bikes to our clinic that is now located in the
Railroad District and we expect that trend to continue. Because our work is focused on
healthy living and body maintenance, our massage therapists also take advantage of our
location downtown and walk or bike to work. Approximately 20-30% of our clientele is
made up of visitors staying in local hotels and B&Bs. We have noticed that many of these
visitors take the time to walk to our clinic instead of driving and with our move closer to
downtown, I expect that trend to continue and possibly increase. In short, our impact on
l i
P: 541 488 6757 / F: 541 482 2064 1 6',~
246 4TH ST, ASHLAND, OR 97520
SISKIYOUNIASSAGE.COM
Atherapeutic massage clinic.
traffic would be significantly less than the target use of the property. And, most likely it
will be less than the traffic generated by the current tenants of the building (three mental
health therapists and a tax office).
The previous CUP specified ten clients per week. The current uses of the site have closer
to ten clients per day without negative impacts to the neighborhood and no complaints
filed to the City of Ashland.
Five parking spaces are required for the approximately 1,500 square foot structure. Four
parking spaces are existing at the rear of the structure and one on-street parking credit.
c) Architectural compatibility with the impact area.
There will be no changes to the exterior architecture of the historic contributing structure.
The changes to the interior will be compatible to the historic nature of the building as
much as possible.
d) Air quality, including the generation of dust, odors, or other environmental pollutants.
The proposed use will not generate dust, odor or other environmental pollutants more
than two residential units would.
e) Generation of noise, light, and glare.
The massage therapy center would create much less noise in the neighborhood than two
residential units. Due to the nature of our work, we are a very quiet business. Light and
glare would also be less than residential units due to the fact that we close at night and
would not have lights on for the majority of the dark hours.
f) The development of adjacent properties as envisioned in the comprehensive plan.
The modification of the existing conditional use permit will not have an impact on the
development of the 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.
There are no other known relevant factors.
4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted
pursuant to this ordinance.
Medical office use is 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.
c) R-2:
Based on the lot area (50 x 142 = 7100 square feet) the lot could have two dwelling units.
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I H E TAX LOT/ASSESSOR'S PARCEL NUMBER:39IE09ACIIM
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APPLICANTIOWNER: PHILIPWHITMORE
=`I 550 SISKIYOU BLVD
ASHLAND, OR 97620 1
E j 541.944.0909
LANDSCAPE ARCHITECT: LAURIE SAGER B ASSOC. LANDSCAPE ARCHITECT
1 E I 7DO MISTLETOE RD #201
ASHLAND, OR 97620
541.488.1446
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(P)3"AN FNJISCO CR EW ~m®®~~~ 3. PLANT ALL TREES AND SHRUBS PER INDUSTRY STANDARD
\ 4. MULCH PLANTING AREAS AFTER INSTALLATION OF PLANT MATERIAL WITH 3" OF DARK MULTIBARK
(P)COVERED BIKE PARKING S. APPLY DEER SPRAY TO ALL NEW PLANTS PRIOR TO AND FOLLOWING INSTALLATION.
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L - EXISTING L-2.0
(E) ALLEY 0 a 16 14 LANDSCAPE PLAN
A
Job Address: 550 SISKIYOU BLVD Contractor:
ASHLAND OR 97520 Address:
i
C
P Owner's Name: PHILIP WHITMORE C Phone:
P Customer 08923 N State Lic No:
PHILIP WHITMORE T City Lic No:
L Applicant: 246 FOURTH ST R
Address: ASHLAND OR 97520 A
C C Sub-Contractor:
A Phone: (541) 944-0909 T Address:
N Applied: 07/01/2016 0
T Issued:
Expires: 12/28/2016 Phone:
State Lic No:
Maplot: 391 E09DB4600 City Lic No:
DESCRIPTION: CUP
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 1,012.00
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 C I T Y OF
'
1
l
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: $ 1,012.00 $ 1,012.00
or local laws, ordinances, or regulations rests solely with the
Sub-Total: $ 1,012.00
applicant. Fees Paid: $ 1,012.00
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 C I T Y F
-ASH LAN D%