HomeMy WebLinkAboutVan_Ness_160_PA-2017-00248
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CITY
ASH Li _i .
March 10, 2017
Notice of Final Decision
On March 9, 2017, the Community Development Director approved the request for the following:
Planning Action: PA-2017-00248
Subject Property: 160 Van Ness
Applicant: Sean and Julie Downey
Description: A request for Site Design Review approval and a Conditional Use Permit
to allow for conversion of an existing residential cottage into a travelers' accommodation.
COMPREHENSIVE PLAN DESIGNATION: Low Density Multiple-Family Residential;
ZONING: R-2; ASSESSOR'S MAP: 39 IE 04 CC; TAX LOT: 1100.
The Community Development Director's decision becomes final and is effective on the 121h day after the
Notice of Final Decision is mailed. Approval is valid for a period of 18 months and all conditions of
approval identified on the attached Findings are required to be met prior to project completion.
The application, all associated documents and evidence submitted, and the applicable criteria are
available for review at the Ashland Community Development Department, located at 51 Winburn Way.
Copies of file documents can be requested and are charged based on the City of Ashland copy fee
schedule.
Prior to the final decision date, anyone who was mailed this Notice of Final Decision may request a
reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO) 18.5.1.050(F)
and/or file an appeal to the Ashland Planning Commission as provided in ALUO 18.5.1.050(G). The
ALUO sections covering reconsideration and appeal procedures are attached. The appeal may not be
made directly to the Oregon Land Use Board of Appeals.
If you have any questions regarding this decision, please contact Cory Darrow in the Community
Development Department at (541) 488-5305.
cc: Parties of record and property owners within 200 ft
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www,ashlancd.ar.us
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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 TI 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
;hland.or.us
ASHLAND PLANNING DEPARTMENT
FINDINGS & ORDERS
PLANNING ACTION: PA-2017-00248
SUBJECT PROPERTY: 160 Van Ness
APPLICANT/OWNER: Sean and Julie Downey
DESCRIPTION: A request for Site Design Review approval and a Conditional Use
Permit to allow for conversion of an existing residential cottage into a travelers' accommodation.
COMPREHENSIVE PLAN DESIGNATION: Low Density Multiple-Family Residential;
ZONING: R-2; ASSESSOR'S MAP: 39 lE 04 CC; TAX LOT: 1100.
SUBMITTAL DATE: February 13, 2017
DEEMED COMPLETE DATE: February 15, 2017
STAFF APPROVAL DATE: March 10, 2017
APPEAL DEADLINE (4:30 P.M.): March 22, 2017
FINAL DECISION DATE: March 23, 2017
APPROVAL EXPIRATION DATE: September 23, 2018
DECISION
The subject property is located at 160 Van Ness Avenue, Assessor's map 39 lE 04 CC, tax lot 1100. The
property is an approximately 0.28 acre rectangular lot located on the north side of Van Ness Avenue
precisely 200.0 feet east of North Laurel Street with alley access at the rear of the property. Van Ness
Avenue is improved with curb, gutter, a six-foot parkrow and a five-foot wide sidewalk. The property is
located within the R-3 (high-density multifamily) zoning district and currently contains three structures.
Existing structures on site include is a 1.5 story two-bedroom dwelling of 1,816 square feet, a single story
one-bedroom 611 square foot dwelling, and a 1.5 story accessory structure that contains a workshop,
office, bedroom and bathroom.
Originally, there were two historic cottages located along the front of the property. In 2015, the property
received Site Design Review to relocate the two existing historic cottages to the rear of the subject properly
and to the rear of the neighboring property; approval to construct a new residence at 160 Van Ness was
granted in conjunction with this review. During this time the 1911 cottage proposed for use as a Travelers'
Accommodation in this application received a new foundation and fire-sprinklers; extensive landscaping,
including automatic irrigation was installed on site.
The current application proposes to operate the historic cottage at the rear of the subject property as a
Travelers' Accommodation (TA). TA's are a conditionally permitted use within the R-3 zone if the
property is within 200 feet of a street classified as an avenue, boulevard, or neighborhood collector. North
Laurel Street, which is precisely 200.0 feet west of the property, according to the Jackson County
Assessor's map, is classified as a neighborhood collector. The 200 foot measurement is taken along the
alley and is derived from the fact that the two parcels between 160 Van Ness and N. Laurel Street are each
identified by the Jackson County Assessor as having rear (alley side) property lines for both properties
between 160 Van Ness and North Laurel Street as 100.0 feet in width.
Pursuant to AMC 18.2.3.220, the Special Use Standards require a TA property's primary structure be at
least 20 years old. This ordinance was intended to permit existing structures, at least 20 years of age, to
be altered or adapted for traveler's accommodation use. While the home at the front of 160 Van Ness
was recently constructed and is not at least 20 years old, the historic cottage at the rear of the lot was
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constructed in 1911 by Charles and Ella Hosley and is considered a Historic Contributing Structure. As
the recently constructed building at the front of the parcel would serve as the business owner's quarters
and is considered as part of the TA, this situation would be consistent with the ordinance and does not
necessitate a variance review.
Site Design Review Findings:
New structures or modifications to the site were not proposed in the application. The property was granted
Site Design Approval in 2015 and is considered in full conformance with current standards.
The site currently possesses two oversized off-street parking spaces. The total parking requirement for the
proposal is three off-street parking spaces. The application has requested one on-street credit. Granting of
an on-street credit to reduce the parking requirement by a maximum of 50% is a discretionary decision
staff can make if both on-street supply appears to exceed demand in the near vicinity and the minimum
standards, such as the property possessing a minimum of 22-feet of frontage, are met. In this instance,
Staff finds that one on-street credit is an acceptable request for the proposal.
All uses, with the exception of residential units with a garage and uses in the C-1-D zone, are required to
provide a minimum of two sheltered bike parking spaces. The application identifies the availability of four
sheltered and lockable bicycle parking spaces in the accessory structure. The proposed bicycle parking
meets AMC standards of being sheltered, within 50' feet of the entrance and not further than the nearest
automobile parking space.
The site contains robust and mature landscaping meeting the standards of the Ashland Municipal Code.
In front of the cottage is a privet hedge, a walnut tree, lawn and planted borders. There are mature trees
and planted beds throughout the property. All pedestrian pathways, fencing, and irrigation are installed
and proposed to be retained.
Requisite recycle and refuse containers are effectively screened behind a six-foot cedar fence.
As construction, site modifications or tree removals have not been proposed, tree protection is not
required.
Conditional Use Permit Findings:
The applicant asserts the proposed TA would not have an adverse material effect on the livability of the
impact area when compared to the development of the subject lot at maximum permitted density.
If developed to the maximum density, the R-3 zoned property could accommodate 5.6 fulltime residences
or 7.5 fulltime residences of less than 500 square feet. Staff finds that the proposed use of one fulltime
residence and one TA will generate a significantly lower impact on the surrounding area than if the
property were developed to the maximum permitted residential density.
To quantify this determination, average vehicle trips are -a commonly used metric. According to the
Institute of Transportation Engineers, the average-daily vehicle trips for a hotel unit is-8.7; multifamily
units are estimated at 6.47. According to ITE averages, the proposed use would generate 15.17 daily
vehicle trips. In comparison, if the property were developed to the maximum of five multifamily units,
ITE averages assume a daily trip generation total of 32.35. Were the property to be developed to the
maximum potential of units less than 500 square feet, the average daily trips are estimated to reach over
45.
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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 18-5.
A. Travelers' Accommodations and Accessory Travelers' Accommodations. Travelers'
accommodations and accessory travelers' accommodations shall meet all of the following requirements.
1. An accommodation must meet all applicable building, fire, and related safety codes at all times and must
be inspected by the Fire Department before occupancy following approval of a Conditional Use Permit
and periodically thereafter pursuant to AMC 15.28.
2. The business-owner of a travelers' accommodation or the property owner of an accessory travelers'
accommodation must maintain a City business license and pay all transient occupancy tax in accordance
with AMC 4.24 and AMC 6.04 as required.
3. Advertising for an accommodation must include the City planning action number assigned to the land
use approval.
4. Offering the availability of residential property for use as an accommodation without a valid Conditional
Use Permit approval, current business license and transient occupancy tax registration is prohibited
and shall be subject to enforcement procedures.
B. Travelers' Accommodations. In addition to the standards described above in section 18.23.220.A,
travelers' accommodations shall meet all of the following requirements.
1. The property is located within 200 feet of a boulevard, avenue, or neighborhood collector as identified on
the Street Dedication Map in the Comprehensive Plan. Distances to the property from a boulevard,
avenue, or neighborhood collector shall be measured via a public street or public alley to a lot line.
2. During operation of a travelers' accommodation, the property on which the travelers' accommodation is
sited must be the primary residence of the business-owner. "Business-owner" shall be defined as a person
or persons who own the property and accommodation outright; or who have entered into a lease
agreement with the property owner(s) allowing for the operation of the accommodation. Such lease
agreement must specifically state that the property owner is not involved in the day-to-day operation or
financial management of the accommodation and that the business-owner has actual ownership of the
business and is wholly responsible for all operations associated with the accommodation, and has actual
ownership of the business.
3. The primary residence on the site must be at least 20 years old. The primary residence may be altered
and adapted for travelers' accommodation use, including expansion of floor area. Additional structures
may be allowed to accommodate additional units, but must be in conformance with all setback and lot
coverage standards of the underlying zone.
4. The number of travelers' accommodation units allowed shall be determined by the following criteria.
a. The total number of units, including the business-owner's unit, shall be determined by dividing the
total square footage of the lot by 1,800 square feet. Contiguous lots under the same ownership may
be combined- to increase lot area and the number of units, but not in excess of the maximum
established by this ordinance. The maximum number of accommodation units shall not exceed' nine
per approved traveler's accommodation with primary lot fioontage 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
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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 criteria for Site Review Approval are described in AMC Chapter 18.5.2.050, as follows:
A. Underlying Zone: The proposal complies with all of the applicable provisions of the underlying
zone (part 18.2), including but not limited to: building and yard setbacks, lot area and dimensions,
density and floor area, lot coverage, building height, building orientation, architecture, and other
applicable standards.
8. Overlay Zones: The proposal complies with applicable overlay zone requirements (part 18.3).
C. Site Development and Design Standards: The proposal complies with the applicable Site
Development and Design Standards of part 18.4, except as provided by subsection E, below.
D. City Facilities: The proposal complies with the applicable standards in section 18.4.6 Public
Facilities and that adequate capacity of City facilities for water, sewer, electricity, urban storm
drainage, paved access to and throughout the property and adequate transportation can and will
be provided to the subject property.
E. Exception to the Site Development and Design Standards. The approval authority may approve
exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in
either subsection 1 or 2, below, are found to exist.
1. There is a demonstrable difficulty meeting the specific requirements of the Site
Development and Design Standards due to a unique or unusual aspect of an existing
structure or the proposed use of a site; and approval of the exception will not substantially
negatively impact adjacent properties, and approval of the exception is consistent with the
stated purpose of the Site Development and Design; and the exception requested is the
minimum which would alleviate the difficulty.; or
2. There is no demonstrable difficulty in meeting the specific requirements, but granting the
exception will result in a design that equally or better achieves the stated purpose of the
Site Development and Design Standards.
The approval criteria fora Conditional Use Permit are detailed in AMC 18.5.4.0-50.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.
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2. That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to
and throughout the development, and adequate transportation can and will be provided to the subject
property.
3. That the conditional use will have no greater adverse material effect on the livability of the impact area when
compared to the development of the subject lot with the target use of the zone, pursuant with subsection
18.5.4.050.A.5, below. When evaluating the effect of the proposed use on the impact area, the following
factors of livability of the impact area shall be considered in relation to the target use of the zone.
a. Similarity in scale, bulk, and coverage.
b. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit
use are considered beneficial regardless of capacity of facilities.
c. Architectural compatibility with the impact area.
d. Air quality, including the generation of dust, odors, or other environmental pollutants.
e. Generation of noise, light, and glare.
f. The development of adjacent properties as envisioned in the Comprehensive Plan.
g. Other factors found to be relevant by the approval authority for review of the proposed use.
4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this
ordinance.
5. For the purposes of reviewing conditional use permit applications for conformity with the approval criteria of
this subsection, the target uses of each zone are as follows [a, b, d- /,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.
In Staff's review, the application with the attached conditions meets all applicable criteria for approval of
a Travelers' Accommodation, Conditional Use Permit and Site Design Review.
Planning Action # 2017-00248 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
#2017-00248 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. During operation of a travelers' accommodation, 160 Van Ness must remain the primary residence
of the business-owner.
3. That the Travelers' Accommodation shall be operated in conformance with the standards
enumerated in AMC sections 18.2.3.220A and 18.2.3.220C.
4. That the area of the accessory structure proposed for bicycle parking be clearly marked as such
and maintained clear of obstructions preventing bicycle parking.
5. Guests of the travelers' accommodation shall have the ability to- lock their bicycles and access
them 24 hours per day.
6. That lighting shall be provided in the bicycle parking area so that all facilities are thoroughly
illuminated and visible from adjacent walkways or motor vehicle parking lots during all hours of
use.
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7. An opportunity-to-recycle site of equal or greater size than the solid waste receptacle shall be
included in the trash enclosure in accordance with 18.4.4.040.A.1.
8. That the Travelers' Accommodation shall meet all applicable building, fire, and related safety
codes at all times, and shall be inspected by the Fire Department before commencing operations
and periodically thereafter pursuant to AMC 15.28.
9. That an annual inspection by the Jackson County Health Department shall be conducted as
required by the laws of Jackson County or the State of Oregon.
10. That the applicants shall obtain and maintain a city business license and register for and pay all
transient occupancy tax as required in AMC 4.24 and AMC 6.04.
11. That all signage be issued through a separate permit and in conformance with AMC 18.4.7.
12. That any advertisement for the Travelers' Accommodation unit must include the City of Ashland
P1 ng Action number assigned to this approval (PA-2017-00248).
Bill Molnar, irector Wte l
PA-2017-00248
160 Van Ness /ctd
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AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Jackson )
The undersigned being first duly sworn states that:
1. I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On March 10, 20171 caused to be mailed, by regular mail, in a sealed
envelope with postage fully prepaid, a copy of the attached planning action notice to
each person listed on the attached mailing list at such addresses as set forth on this list
under each person's name for Planning Action #PA-2017-00248, 160 Van Ness.
Sign t r of Employee
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PA-2017-00248 391 E04CC 200 -A-2017-00248 391 E04CC 900 1 2017-00248 391 E04CC 1401
305 MORTON LLC BELHUMEUR JASON M BERNARD MATTHEW C TRUSTEE ET AL
304 RIDGE RD 176 VAN NESS AVE 181 BIRDSONG LN
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2017-00248 391 E04CC 3100 PA-2017-00248 391 E04CC 3200 PA-2017-00248 391 E04CC 1400
BOWLAND SIDNEY J/SHERI L CAMPBELL DAVID ALLAN DARST INVESTMENTS LLC
PO BOX 1025 171 VAN NESS AVE 176 SPRINGWOOD DR
ASHLAND, OR 97520 ASHLAND, OR 97520 EUGENE, OR 97404
-2017-00248 391 E04CC 3000 PA-2017-00248 391 E04CC 1300
PA-2017-00248 391 E04CC 1100 PA ~
DOWNEY SEAN M/JULIE E GALLOWAY PAUL E/KIMBERLY D GARFAS JOSEPH - TRUSTEE
160 VAN NESS AVE 157 VAN NESS 1188 TYLER CREEK RD
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
I
PA-2017-00248 391 E04CC 2700 1 PA-2017-00248 391 E04CC 2900 PA-2017-00248 391 E04CC 503
GREENE FAMILY LIMITED LIABILITY HIRSCHBOECK ROBERT W TRUSTEE ET INLET ROBERT/JOLANTA E
COMPANY AL 1137 OLD HIGHWAY 99 S
367 OXFORD ST 71 SCENIC DR ASHLAND, OR 97520
ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2017-00248 391 E04CC 800 I PA-2017-00248 391 E04CC 504 PA-2017-00248 391 E04CC 901
KERN WILLIAM LOWRY MEREDITH L LOWRY MEREDITH L
298 W HERSHEY ST 1 180 VAN NESS AVE 180 VAN NESS AVE
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
I
PA-2017-00248 391 E04CC 801 PA-2017-00248 391 E04CC 3400 PA-2017-00248 391 E04CC 500
MCGRATH ROBIN D TRUSTEE ET AL MEADS ARNOLD S TRUSTEE PENSCO TRUST COMPANY ET AL
240 N LAUREL ST 121 S LAUREL ST 180 VAN NESS AVE
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2017-00248 391 E04CC 3201 PA-2017-00248 391 E04CC 60002 PA-2017-00248 391 E04CC 2800
RUTKAI R D/WENDY OSTLUND- SANFORD MARK/DEBORAH SNIFFEN MATTHEW S/REBECCA A
179 VAN NESS AVE 258 A ST STE 1 99 UNION ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2017-00248 391 E04CC 1200 PA-2017-00248 391 E04CC 3300 PA-2017-00248 391 E04CC 700
SOUTHERN OREGON RENNOVATIONS SQUIRES CHARLES D/TIKA J j STEINBERGS JOHN/CARMEN
LLC 195 VAN NESS 151 MAX LOOP
160 VAN NESS AVE ASHLAND, OR 97520 TALENT, OR 97540
ASHLAND, OR 97520
PA-2017-00248 391 E04CC 60001
TIFFANY HAROLD 160 Van Ness
260 N LAUREL ST 3/1012017 NOD
ASHLAND, OR 97520 25
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Planning Department, 51 Winbui, Way, Ashland, Oregon 97520
541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 -ASH LAN~
NOTICE OF APPLICATION
PLANNING ACTION: PA-2017-00248
SUBJECT PROPERTY: 160 Van Ness
OWNER/APPLICANT: Sean and Julie Downey
DESCRIPTION: A request for Site Design Review approval and a Conditional Use Permit to allow for
conversion of an existing residential cottage into a travelers' accommodation. COMPREHENSIVE
PLAN DESIGNATION: Low Density Multiple-Family Residential; ZONING: R-2; ASSESSOR'S
MAP: 39 1E 04 CC; TAX LOT: 1100.
NOTICE OF COMPLETE APPLICATION: February 15, 2017
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: March 2, 2017
180
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Z)k 184 accommodation
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The Ashland Planning Division Staff has received a complete application for the property noted above.
Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn Way,
Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above.
Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice
is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the comment period
and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice
of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staffs decision must
be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.5.1.050.G)
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application,
by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the
Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal
to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity
to allow this Department to respond to the issue precludes an action for damages in circuit court.
A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be
provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services
Building, 51 Winburn Way, Ashland, Oregon 97520.
If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305.
GAcomm-dev\planning\Planning Actions\Noticing FolderWailed Notices & Signs\2017\PA-2017-00248.docx
SITE DESIGN AND USE STANDARDS
18.5.2.050
E
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 18A.6 Public Facilities and that adequate capacity of City facilities for water, sewer,
electricity, urban storm drainage, paved access to and throughout the property and adequate transportation can and will be provided to the subject property,
E. Exception to the Site Development and Design Standards, The approval authority may approve exceptions to the Site Development and Design Standards of part 18.4 if
the circumstances in either subsection 1 or 2, below, are found to exist.
1. There is a demonstrable difficulty meeting the specific requirements of the Site Development and Design Standards due to a unique or unusual aspect of an existing
structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent properties; and approval of the exception is
consistent with the stated purpose of the Site Development and Design; and the exception requested is the minimum which would alleviate the difficulty.; or
2. There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better achieves the stated
purpose of the Site Development and Design Standards.
CONDITIONAL USE PERMITS
18.5.4.050.A
A Conditional Use Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition
of conditions,
1. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive
plan policies that are not implemented by any City, State, or Federal law or program.
2. That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the development, and adequate transportation
can and will be provided to the subject property,
3. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target
use of the zone, pursuant with subsection 18.5.4,050.A.5, below. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the
impact area shall be considered in relation to the target use of the zone,
a. Similarity in scale, bulk, and coverage.
b. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of
facilities.
c. Architectural compatibility with the impact area.
d. Air quality, including the generation of dust, odors, or other environmental pollutants.
e. Generation of noise, light, and glare.
f. The development of adjacent properties as envisioned in the Comprehensive Plan,
g. Other factors found to be relevant by the approval authority for review of the proposed use.
4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance.
5, For the purposes of reviewing conditional use permit applications for conformity with the approval criteria of this subsection, the target uses of each zone are as follows.
a. WR and RR. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 1825 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.
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 183.3 Health Care Services, 183.5 North Mountain Neighborhood, and 18.3.6 Southern Oregon University
District, respectively, complying with all ordinance requirements,
Wcomm-dev\planning\Planning Actions\Noticing Folder\Mailed Notices & Signs\2017\PA-2017-00248.doex
i
AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Jackson )
The undersigned being first duly sworn states that:
1. I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On February 15, 2017 1 caused to be mailed, by regular mail, in a sealed
envelope with postage fully prepaid, a copy of the attached planning action notice to
each person listed on the attached mailing list at such addresses as set forth on this list
under each person's name for Planning Action #PA-2017-00248, 160 Van Ness.
Sign re of Employee
C:WsersltrapprkDesktopkTemplates%AFFIDAVIT OF MAILING_Regan.docx 2/15/2017
Easy PeelO Labels 11 ® - Bend along line to I ® AVERY@ 51600
Use Avery@ Template 5160 r. `d Paper expose Pop-up Edger" A 1
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PA-2017-00248 391 E04CC 200 PA-2017-00248 391 E04CC 900 F „-2017-00248 391 E04CC 1401
305 MORTON LLC BELHUMEUR JASON M BERNARD MATTHEW C TRUSTEE ET AL
304 RIDGE RD 176 VAN NESS AVE 181 BIRDSONG LN
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
i
PA-2017-00248 391 E04CC 3100 PA-2017-00248 391 E04CC 3200 PA-2017-00248 391 E04CC 1400
BOWLAND SIDNEY J/SHERI L CAMPBELL DAVID ALLAN DARST INVESTMENTS LLC
PO BOX 1025 171 VAN NESS AVE 176 SPRINGWOOD DR
ASHLAND, OR 97520 ASHLAND, OR 97520 EUGENE, OR 97404
PA-2017-00248 391 E04CC 1100 PA-2017-00248 391 E04CC 3000 PA-2017-00248 391 E04CC 1300
DOWNEY SEAN M/JULIE E GALLOWAY PAUL E/KIMBERLY D GARFAS JOSEPH - TRUSTEE
160 VAN NESS AVE 157 VAN NESS 1188 TYLER CREEK RD
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2017-00248 391 E04CC 2700 PA-2017-00248 391 E04CC 2900 PA-2017-00248 391 E04CC 503
GREENE FAMILY LIMITED LIABILITY HIRSCHBOECK ROBERT W TRUSTEE ET INGET ROBERT/JOLANTA E
COMPANY AL 1137 OLD HIGHWAY 99 S
367 OXFORD ST 71 SCENIC DR ASHLAND, OR 97520
ASHLAND, OR 97520 ASHLAND, OR 97520 t
PA-2017-00248 391 E04CC 800 PA-2017-00248 391 E04CC 504 PA-2017-00248 391 E04CC 901
KERN WILLIAM LOWRY MEREDITH L LOWRY MEREDITH L
298 W HERSHEY ST 1 180 VAN NESS AVE 180 VAN NESS AVE
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-2017-00248 391 E04CC 801 PA-2017-00248 391 E04CC 3400 PA-2017-00248 391 E04CC 500
MCGRATH ROBIN D TRUSTEE ET AL MEADS ARNOLD S TRUSTEE PENSCO TRUST COMPANY ET AL
240 N LAUREL ST 121 S LAUREL ST 180 VAN NESS AVE
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
I
PA-2017-00248 391 E04CC 3201 PA-2017-00248 391 E04CC 60002 PA-2017-00248 391 E04CC 2800
RUTKAI R D/WENDY OSTLUND- SANFORD MARK/DEBORAH SNIFFEN MATTHEW S/REBECCA A
179 VAN NESS AVE 258 A ST STE 1 99 UNION ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
I
PA-2017-00248 391 E04CC 1200 PA-2017-00248 391 E04CC 3300 i PA-2017-00248 391 E04CC 700
SOUTHERN OREGON RENNOVATIONS SQUIRES CHARLES D/TIKA J STEINBERGS JOHN/CARMEN
LLC 195 VAN NESS 151 MAX LOOP
160 VAN NESS AVE ASHLAND, OR 97520 TALENT, OR 97540
ASHLAND, OR 97520 `
PA-2017-00248 391 E04CC 60001
TIFFANY HAROLD 160 Van Ness
260 N LAUREL ST 2115/2017 NOC
ASHLAND, OR 97520 25
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i ZONING MIT APPLICATION
Planning Division
51 Winburn Way, Ashland OR 97520 FILE
x ° 541-488-5305 Fax 541-488-6006
AS_)E 1 LAN
DESCRIPTION OF PROJECT r C ~~eUt~~ ALUM
DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? El YES El NO
Street Address W VU) 4r) 1)
Assessor's Map No. 39 1 E NU, Tax Lot(s)
Comp Plan Designation
Zoning
APPLICANT + . p
Name 4, ~t b Phone -E-mail
Address Iuo y ws City aAwd zip 0 ~9t)
PROPERTY OWNER
Name Phone E-Mail
Address City Zip
SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT, OTHER
Title Name Phone E-Mail
Address City Zip
Title Name Phone E-Mail
Address City Zip
I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects,
true and correct. I understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their
location found to be incorrect, the owner assumes full responsibility. I further understand that if this request is subsequently contested, the burden will be on me to
establish:
1) that I produced sufficient factual evidence at the hearing to support this request;
2) that the findings of fact furnished justifies the granting of the request;
3) that the findings of fact furnished by me are adequate; and further
4) that all structures or improvements are properly located on the ground.
Failure 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 removed at my experise. If I have any doubts, l am advised to seek competent professional advice and assistance.
Applicant's Signature Date
As owner of tie property involved in this request, I have read and understood the complete application and its consequences to me as a property
owner.
Property 0=6r's Signature (required) Date
fro be completed by City Staff] ~9 11
Date Received Zoning Permit Type Filing Fee $ OVER N
GAcomm-dev\p1wming\Forms & Handouts\Zoning Permit Applica9on.doc
APPLICATION TRAVELERS' ACCOMMODATIONS:
GENERAL DESCRIPTION
The applicants, Sean and Julie Downey, are requesting a Conditional Use Permit for Travelers'
Accommodations at 160 Van Ness Avenue, Ashland, Oregon. 160 Van Ness Avenue is owned by the
applicants and is their primary residence. There are 2 dwellings and a total of 3 structures at 160 Van
Ness Avenue; a one and one-half story 2-bedroom dwelling of 1816 square feet, a one story, 1 bedroom
dwelling of 611 square feet and a one and one-half story accessory building of 1254 square feet which is
comprised of a work shop on the first level and an office, bedroom and bath on the second level. The
property is in the Skidmore Academy Historic District and is zoned R-3; it is 200 feet from Laurel Street, a
neighborhood collector street. The applicants are applying to use the 1 bedroom cottage as a Traveler's
Accommodation with their owner's quarters in the front house.
CONSTRUCTION
All construction is complete at 160 Van Ness Avenue. The Traveler's Accommodation cottage, built in
1911, is ready for use. In 2015 it was relocated on site, remodeled and updated; in 2015 it received a
new foundation, fire-sprinklers and extensive landscaping including automatic irrigation.
LANDSCAPING
All landscaping is complete at 160 Van Ness Avenue. The front of the Traveler's Accommodation cottage
is accessed via a concrete front pathway leading to the front porch. The front of the cottage is planted
with a privet hedge, walnut tree, lawn and planted borders. The cottage also has a private backyard,
separated from the main yard by a dwarf laurel hedge, with a concrete patio, lawn, mature trees and
planted beds. For the entire property, all pathways, fencing, irrigation systems, lawns and borders are
complete.
VEHICLE AND BICYCLE PARKING
There is adequate vehicle parking provided with a total of 4 spaces: at the front of the property, 58 feet
of uninterrupted curb accounts for two parking spaces, and in the back of the property off the alley, two
paved spaces are provided. Per the special use standards for Travelers' Accommodations, the required
parking is 3 spaces total. To the right of the Traveler's Accommodation cottage is a parking space
specifically designated for guests. Guests can also choose to park on the street.
For bicycle parking, there Is a shed facing the alley and to the right of the cottage. It is a lockable shed
and will accommodate 4 bicycles.
Page 1
F
i
TRASH
Trash and recycling receptacles for the Traveler's Accommodations are located behind a six foot cedar
fence and screened from the public view.
DIRECTIONAL SIGNAGE
At the corner of the alley across from the Bush Street and Van Ness Avenue intersection is a directional
sign indicating access to the cottages on the alley for both 156 Van Ness and 160 Van Ness. This sign is
non-illuminated.
IMPACT ON THE NEIGHBORHOOD
The impact of the Traveler's Accommodation on the neighborhood will be negligible. The number of
vehicle trips will be less than if the cottage were rented on a monthly basis. Typically travelers will have
only one vehicle whereas a full time resident is more likely to have more than one vehicle. Given the
proximity to downtown Ashland, it is very common for visitors to park their cars and not use them again
during their visit. Thus the applicants have estimated 1 vehicle trip per day. Walking traffic may be
increased slightly. For more than five years, the applicants have used the cottage for home exchanges
as well as donated the cottage to house filmmakers for the Ashland Independent Film Festival, During
that time we have never had a complaint from a neighbor about guests in the cottage. Given that most
of our visitors would be attending plays at OSF, the noise and commotion created by visitors is minimal.
If the property were to be developed to maximum density of 5 units, the vehicle trips would be
increased considerably.
SUMMARY OF PROPERTY
• Total acreage:.275 or 11,990 sq ft
® Total Square Footage of structures: 1,816+611+1,254 = 3,681 sgft
® Total hot coverage of 4,608 sq ft or 38%
o Buildings and patios: 3,532 sq ft
o Sidewalk and paths: 716 sq ft
o Parking: 360 sq ft
® Landscaping of 6,595 sq ft or 55%
o Private yard of cottage: 625 sq ft
Site Design Review Approval Criteria
This property went through Site Design Review in 2015 when the cottage was refurbished and the front
house constructed. At that time setbacks, coverage and massing were all found to comply with required
standards. The underlying zone is R-3 which allows Traveler's Accommodation. In 2015 the construction
Page 2
was found acceptable for the historic district overlay. City facilities have already been upgraded with
installation of a new transformer to serve the area and pavement of the rear alley.
Conditional Use Approval Criteria
1. The use of a Traveler's Accommodation is approved in the R-3 zone and is especially appropriate
given the proximity to downtown which encourages pedestrian traffic instead of vehicle traffic.
2. The demand on utilities and traffic infrastructure will be no greater and likely less for a
Traveler's Accommodation than it would for monthly residential.
3. a. The existing development as approved in 2015 is in scale with the neighborhood.
b. Traffic on surrounding streets will not increase and and should be somewhat less as virtually
all tourists have single vehicle and it is more convenient to leave it parked and walk to town
than to try and find parking downtown,
c. Architecturally compatibility has been approved by the historic district.
d. Air quality should be improved due to the paving of the alley.
e. All exterior light fixtures are shielded to prevent glare.
f. Having the cottage face the alley helps to create a neighborhood feel on the alley which will
encourage the development of the remaining undeveloped parcels across the alley.
Tree protection
As all construction is complete and no alterations will occur no tree protection is necessary.
Page 3
FRONT VIEWS OF COTTAGE AT 160 VAN NESS
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160 Van Ness New Home August 20,2015
for Seah & Julie Downey
Site Plan
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Van'Ness Cottage Relocation January 30,2015
Sean & Julie Downey
915 Oak St '
Aidscape Plan
shland OR 97520
SI
Job Address: 160 VAN NESS AVE Contractor:
ASHLAND OR 97520 Address:
C
A Owner's Name: SEAN/JULIE DOWNEY O Phone:
P Customer 09120 N State Lic No:
P SEAN/JULIE DOWNEY T" City Lic No:
L Applicant: 915 OAK ST R
Address: ASHLAND OR 97520 A
C C Sub-Contractor:
A Phone: (541) 261-7939 T Address:
N Applied: 02/13/2017 O
T Issued:
Expires: 08/12/2017 Phone:
State Lic No:
Maplot: 391E04CC1100 City Lic No:
DESCRIPTION: Type 1 CUP for Traveler's Accom
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
CITY
Request Line: 541-552-2080 F
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I hereby certify the contents of this application to be correct to the
best of my knowledge, and furthermore, that I have read, Fee Summary Paid Amounts
understood and agreed to the following:
Building: $ 0.00 $ 0.00
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 CI Y F
I-VSHLAND