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HomeMy WebLinkAboutHargardine_220_PA-2017-01054 CITY F ASHLAND July 28, 2017 Notice of Final Decision On July 28, 2017, the Community Development Director approved the request for the following: Planning Action: PA- 2017-01054 Subject Property: 220 Hargadine St. Applicant: Ben and Mia Gaskin Description: A request for a Conditional Use Permit (CUP) and Site Design Review approval to operate an Accessory Travelers' Accommodation (ATA). The garage located at the rear of the property will be converted to habitable space and used as the ATA. The garage structure is considered legal nonconforming because it is located less than 10 feet from the rear property line. COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP: 39 lE 09BC; TAX LOT: 5900. 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 Brandon Goldman 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 F www.ashiand.or.us J SECTION 18.5.1.050 Type I Procedure (Administrative Decision with Notice) E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to subsection 18.5.1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision. E 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. Tinze 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 ofNotice ofAppeal. 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: 541A88-5305 51 Winburn Way Fax: 541-552-2050-~ Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or.us ASHLAND PLANNING DEPARTMENT FINDINGS & ORDERS PLANNING ACTION: PA-2017-01054 SUBJECT PROPERTY: 220 Hargadine St. OWNER/APPLICANT: Ben and Mia Gaskin DESCRIPTION: A request for a Conditional Use Permit and Site Design Review approval to operate an Accessory Traveler's Accommodation (ATA). The garage located at the rear of the property will be converted to habitable space and used as an ATA. The garage structure is considered legal nonconforming because it is located less than 10 feet from the rear property line. COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-family Residential; ZONING: R-2; ASSESSOR'S MAP: 391E09BC; TAX LOT: 5900. SUBMITTAL DATE: June 2, 2017 DEEMED COMPLETE DATE: June 28, 2017 STAFF APPROVAL DATE: July 28, 2017 DEADLINE TO APPEAL (4:30 p.m.): August 9, 2017 FINAL DECISION DATE: August 10, 2017 APPROVAL EXPIRATION DATE: February 10, 2019 DECISION The proposal is to use convert the detached garage for use as an accessory travelers' accommodation. The subject property is located in the Low Density Multi-family Residential zone (R-2) and Siskiyou- Hargadine Historic District. The subject property is located on the south side of the intersection of Hargadine Street and South First Street, and one block above E. Main St. The surrounding neighborhood is comprised of a mix of apartments, single-family homes and commercial properties. The zoning to the south, east, and west of the subject property is R-2, while the area to the north, or across Hargadine St. is Downtown Commercial zoning (C-1-D). The -subject property is located at 220 Hargadine St. is 0.25 acres in size. The property is occupied by a historic home and a detached garage which is accessed -off the adjacent alley. The primary home is a Classical Modern style building that was -constructed in 1946 and identified as a historic contributing resource. The base density of the subject property is three multi-family dwelling units. The detached garage is a non-conforming structure as it closer to the rear property line than current setback requirements would allow. The applicant's propose too-convert this existing 480 sq.ft. garage into habitable space for use as an Accessory Traveler's Accommodation. The Municipal Code contains specific requirements for accessory travelers' -accommodations. The requirements include: ® The operator of the accessory travelers' accommodation must be the property owner and the property must be the operator's primary residence. The operator must be present during operation of the accessory travelers' accommodation. ® The property is limited to having one accessory travelers' accommodation unit, covered under a PA-2017-01054 220 Hargadine St./bg Page 1 r, i single reservation and consisting of two or fewer bedrooms. Meals are not provided and kitchen cooking facilities are not permitted with an accessory travelers' accommodation, with the exception of kitchen cooking facilities for the primary residence. The total number of guests occupying an accessory travelers' accommodation must not exceed two people per -bedroom. ® The property must have two off-street parking spaces. The total number of guest vehicles associated with the accessory travelers' accommodation must not exceed one. ® Signs are not permitted in conjunction with the operation of an accessory travelers' accommodation. ® The property owner must maintain a City of Ashland business license and pay all transient occupancy tax in accordance with AMC 4.24 and AMC 6.04. ® Advertising for an accommodation must include the City planning action number assigned to the land use approval. ® Before operation of the accessory Traveler's Accommodation, the structure must be inspected by the Fire Department and Jackson County Health Department. The applicants have submitted materials to the Planning Department that demonstrate compliance with these approval standards, and with the criteria within the Conditional Use section of the Ashland Municipal Code for an accessory travelers' accommodation. There are minor exterior changes proposed relating to the garage conversion, including replacement windows, and a new door on the east side. The Historic Commission reviewed the proposal at their meeting on July 5th, 2017 and recommended approval of the application. The existing garage door will be retained to provide access to a small storage area. There are two off-street parking spaces on the property adjacent to the existing garage. The parking area is accessed via the alley between Hargadine Street and Vista Street. The current proposal to maintain two parking spaces for joint use by the primary residence in the main historic home, and the accessory travelers' accommodation in the converted garage meets the parking requirements. The application explains that the property owners live in the main home located at 220 Hargadine St. and will be present during the operation of the accessory travelers' accommodation. Accessory Traveler's Accommodation units may not have kitchen cooking facilities, and as proposed the garage conversion will have a coffee bar and sink, but no cooking facilities shall be permitted. The Accessory Traveler's Accommodation will be a studio and therefore satisfies the size limitation for an accessory travelers' accommodation. Lastly, the application complies with alt of the applicable -provisions of the R-2 zoning district and the Site Development and-Design Standards in-AMC 18.4. The property is currently served by adequate City facilities for water, sewer, storm drainage, electricity, sidewalks and streets. No trees are proposed to be removed. It is the opinion of Staff, the property has adequate landscaping presently installed to meet the standards in AMC 18.4.4 provided the property is kept weed free and maintained- per the landscaping standards. Compared to the target use for the subject7property of three dwelling units, the proposal will not have a greater adverse impact materialeffect on the impact area in-terms of architectural compatibility, air quality, and generation of traffic, noise, light and glare and the development of adjacent properties. The approval -criteria for a Travelers' Accommodation -are in AMC 18.2.3.220 as follows: Where travelers' accommodations and accessory travelers' accommodations are allowed, they require PA-2017-01054 220 Hargadine St./bg Page 2 a Conditional Permit under chapter 18.-5.4, -are subject to Site Design Review under chapter 18.5.2, and shall meet the following requirements. See definitions of travelers' accommodation and accessory travelers' accommodation in part 18-6. A. Travelers' Accommodations and Accessory Travelers' Accommodations. Travelers' accommodations and accessory travelers' accommodations shall meet all of the following_ requirements. 1. An accommodation must meet all applicable building, fire, and related safety codes at all times and must be inspected by the Fire Department before occupancy following approval of a Conditional Use Permit and periodically thereafter pursuant to AMC 15.28, 2. The business-owner of a travelers' accommodation or the property owner of an accessory travelers' accommodation must maintain a City business license and pay all transient occupancy tax in accordance with AMC 4.24 and AMC 6.04 as required. 3. Advertising for an accommodation must include the City planning action number assigned to the land use approval. 4. Offering the availability of residential property for use as an accommodation without a valid Conditional Use Permit approval, current business license and transient occupancy tax registration is prohibited and shall be subject to enforcement procedures. B. Travelers' Accommodations. In addition to the standards described above in section 18.23.220.A, travelers' accommodations shall meet all of the following requirements. 1. The property is located within 200 feet of a boulevard, avenue, or neighborhood collector as identified on the Street Dedication Map in the Comprehensive Plan. Distances to the property from a boulevard, avenue, or neighborhood collector shall be measured via a public street or public alley to a lot line. 2. During operation of a travelers' accommodation, the property on which the travelers' accommodation is sited must be the primary residence of the business-owner. "Business- owner" shall be defined as a person or persons who own the property and accommodation outright; or who have entered into a lease agreement with the property owner(s) allowing for the operation of the accommodation. Such lease agreement must specifically state that the property owner is not involved in the day-to-day operation or financial management of the accommodation and that the business-owner has actual ownership of the business- and is wholly responsible for all operations associated with the accommodation, and has actual ownership of the business. 3. The primary residence on the site must be at least 20 years old. The primary residence may be altered and adapted for travelers' accommodation use, including expansion of floor area. Additional structures may be allowed to accommodate additional units, but must be in conformance with all setback and lot coverage standards of the underlying zone. 4. The number of travelers'-accommodation units allowed shall be determined by the following criteria. a. The total number of units, including the business-owner's unit, shall be determined by dividing the total square footage of the lot by 1,800 square feet. Contiguous lots under the same ownership may be combined-to increase lot area and the number of units, but not in excess of the maximum established by this ordinance. The maximum number of accommodation units shall not exceed nine per approvedtraveler-'s accommodation with primary lot frontage on boulevard streets. For travelers' accommodation without primary lot frontage on a designated boulevard, but within 200-feet of a boulevard, avenue, or neighborhood collector street, the maximum number of units shall be seven. Street designations shall be as determined by the Street Dedication Map in the Comprehensive Plan. Distances to the property from a boulevard, avenue, or neighborhood collector shall be measured via a public street or public alley to a lot line. b. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least 400 square feet of gross interior floor space remaining per unit. PA-2017-01054 220 Hargadine St./bg Page 3 i 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 adjacenf or nearby the travelers' accommodation in accordance with subsection 18.4.4.050. C.1. 7. An annual inspection by the Jackson County Health Department shall be conducted as required by the laws of Jackson County or the State of Oregon. 8. Transfer of business-ownership of a travelers' accommodation shall be subject to all requirements of this section and conform with the criteria of this section. Any further modifications beyond the existing approval shall be in conformance with all requirements of this section. C. Accessory Travelers' Accommodations, In addition to the standards in section 18.2.3.220.A, accessory travelers' accommodations shall meet all of the following requirements, 1. The operator of the accessory travelers' accommodation must be the property owner and the property must be the operator's primary residence. The operator must be present during operation of the accessory travelers' accommodation. 2. The property is limited to having one accessory travelers' accommodation unit, covered under a single reservation and consisting of two or fewer bedrooms. Meals are not provided and kitchen cooking facilities are not permitted with an accessory travelers' accommodation, with the exception of kitchen cooking facilities for the primary residence. 3. The total number of guests occupying an accessory travelers' accommodation must not exceed two people per bedroom. 4. The property must have two off-street parking spaces. The total number of guest vehicles associated with the accessory travelers' accommodation must not exceed one, 5. Signs are not permitted in conjunction with the operation of an accessory travelers' accommodation. The approval criteria for a Conditional Use Permit are in AMC 18.5.4.050.A as follows: A Conditional Use Permit shall be granted-if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. 1. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. 2. That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the development, and adequate transportation can and will be provided to the subject property. 3. That the conditional use will -have_no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone, pursuant with subsection 18.5-4.050.A.5, -below. When evaluating the effect of the proposed use- on the impact area, the following factors of livability of the impact -area shall be considered in relation to the- target use-of the zone. a. Similarity in scale, bulk, and coverage. b. Generation of traffic and effects on surrounding- streets. Increases -in pedestrian, bicycle, and - mass transit use are considered beneficial regardless of capacity of facilities. c. Architectural compatibility with the- impact area. d. Air quality, including the generation of dust, odors, or other environmental pollutants. e. Generation of noise, light, and glare. f. The development of adjacent properties as envisioned in the Comprehensive Plan. g. Other factors found to be relevant by the approval authority for review of the proposed use. PA-2017-01054 220 Hargadine St./bg Pafze 4 i 4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance. 5. For the purposes of reviewing conditional use permit applications for conformity with the approval criteria of-this subsection, the target uses of each zone are as follows [a, b, d - 1, not included as c not applicable]. F c. R-2 and R.-3. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential Zones. The criteria for Site Review approval are in AMC Chapter 18.5.2.050- as follows I; 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 wafer, sewer, electricity, urban storm drainage, paved access to and throughout the property and adequate transportation can and will be provided to the subject property. E. Exception to the Site Development and Design Standards. The approval authority may approve exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in either subsection 1 or 2, below, are found to exist. 1. There is a demonstrable difficulty meeting the specific requirements of the Site Development and Design Standards due to a unique or unusual aspect of an existing structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent properties; and approval of the exception is consistent with the stated purpose of the Site Development and Design; and the exception requested is the minimum which would alleviate the difficulty.; or 2. There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better achieves the stated purpose of the Site Development and Design Standards. -In staff's assessment, the application with the attached conditions complies with applicable ordinances and meets all required criteria. Planning Action #2017-01054 -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- 01054 is denied. The following are-the-conditions and they are attached to the approval: 1. That all proposals of the applicant be conditions of approval unless otherwise modified here. 2. That the accessory travelers' accommodation shall be operated in conformance with the standards in AMC sections 18.2.3.220.A and 18.2.3.220.C. 3. That the existing hedges along the front property line shall be trimmed to be no taller than 3.5' in PA-2017-01054 220 Hargadine St./bg Page 5 compliance with the fence height standards within a front yard per 18.4.4.060B. All landscaping shall be maintained in a weed free condition and maintained per the landscaping standards in 18.4.4.030. 4. That the property owners shall obtain and maintain a city business license and register for and pay all transient occupancy tax as required in AMC 4.24 and AMC 6.04 prior to operation of the accessory travelers' accommodation. 5. That no signage visible from the public right of way is permitted on site. 6. That any advertisement for the accessory travelers' accommodation unit must include the City of Ashland Planning Action number assigned to this city land use approval (i.e., PA#2017-01054). 7. That the accessory travelers' accommodation shall meet all applicable building, fire, and related safety codes at all times, and shall be inspected by the City of Ashland Fire Department before commencing operations and periodically thereafter pursuant to AMC 15.28. 8. That the property owners sign a "no kitchen agreement" prior to issuance of a building permit for the conversion of the garage to habitable space. 9. That the property owners obtain a building permit from the City of Ashland, and pay applicable building permit fees and system development charges, for the conversion of the garage to habitable space and obtain final inspections prior to operation of the accessory travelers' accommodation. t July 28, 2017 (Bill Molnar, ommunity Development Director Date E' PA-2017-01054 220 Hargadine St./bg Page 6 i AFFIDAVIT OF MAILING I 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 July 28, 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-2017-01054, 220 Hargadine. Signature of Employee I f E l Documentl 7/2812017 PA-2017-01054 391 E09BC 5800 PA-2017-01054 391 E09BD 5300 PA-2017-01054 391 E09BC 7600 ANDERSON ANDRE ASHLAND HISTORIC PROPERTY LLC BARTON DANA LEE PO BOX 3577 437 WILEY ST 212 VISTA ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2017-01054 391 E09BC 5600 PA-2017-01054 391 E09BC 7400 PA-2017-01054 391 E09BD 16300 CONSERVANCY LLC C/O SHAW ROGER DE BOER SIDNEY B TRSTEE FBO DELUCA RONALD L TRUSTEE 104 S FIRST ST 234 VISTA ST 228 MORNINGLIGHT DR ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2017-01054 391 E09BC 5400 PA-2017-01054 391 E09BD 16500 PA-2017-01054 391 E09BC 5300 EDWARDS OREN R FOX ELISA FREDERICK ALLAN J/ZIEGLER KIRSTEN 219 N MOUNTAIN AVE 244 HARGADINE ST 1910 STEINER ST ASHLAND, OR 97520 ASHLAND, OR 97520 SAN FRANCISCO, CA 94115 PA-2017-01054 391 E09BC 5900 PA-2017-01054 391 E09BC 6100 PA-2017-01054 391 E09BC 7700 GASKIN BEN/MIA HARDWICK CLAUDIA HICKS BILLIE/PAULA DAYSTAR 220 HARGADINE ST 2552 EDGEWATER DR 190 VISTA ST ASHLAND, OR 97520 EUGENE, OR 97401 ASHLAND, OR 97520 PA-2017-01054 391 E09BC 5700 PA-2017-01054 391 E09BC 100 PA-2017-01054 391 E09BD 5600 KELL GEORGE MARK ANTONY HIST PROP LLC MPM INVESTMENTS, LLC 333 MOUNTAIN VIEW ESTS 78 953 EMIGRANT CREEK RD 35 S SECOND ST TALENT, OR 97540 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2017-01054 391 E09BC 6201 PA-2017-01054 391 E09BC 7500 PA-2017-01054 OREGON SHAKESPEARE FESTIVAL PORTER ROBERT P TRUSTEE ET AL BORGILT BRINT ASSN 4640 SOMERSET PL SE 13350 HWY 66 PO BOX 158 BELLEVUE, WA 98006 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2017-01054 LIVNEY GIL 220 Hargadine 2532 OLD MILL WAY July 28, 2017 ASHLAND, OR 97520 NOD 19 I h, ASHLAND HISTORIC COMMISSION Planning Application Review July 5, 2017 i I PLANNING ACTION: PA-2017-01054 SUBJECT PROPERTY: 220 Hargadine St. APPLICANT/OWNER: Ben and Mia Gaskin DESCRIPTION: A request for a Conditional Use Permit and Site Design Review approval to operate an Accessory Traveler's Accommodation (ATA). The garage located at the rear of the property will be converted to habitable space and used as an ATA. The garage structure is considered legal nonconforming because it is located less than 10 feet from the rear property line COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP: 39 1E 09BC; TAX LOT: 5900 Recommendation: The Historic Commission recommended approval of the application. 1 I Yn I ` r III il~'.IIII ,Ili.. / i ~ I I / i 11 Yj V\ I , 4 r I - i ~ S A <6 P N. f 'f }c 2 Lao N N d r { Planning Department, 51 Winbu, n Way, Ashland, Oregon 97520 CITY OF L41 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY:1-800-735-2900 -AS H LAN D NOTICE OF APPLICATION PLANNING ACTION: PA- 2017-01054 SUBJECT PROPERTY: 220 Hargadine St. OWNERIAPPLICANT: Ben and Mia Gaskin DESCRIPTION: A request for a Conditional Use Permit (CUP) and Site Design Review approval to operate an Accessory Travelers' Accommodation (ATA). The garage located at the rear of the property will be converted to habitable space and used as the ATA. The garage structure is considered legal nonconforming because it is located less than 10 feet from the rear property line. COMPREHENSIVE PLAN DESIGNATION: Low Density Multi- Family Residential; ZONING: R-2; ASSESSOR'S MAP: 391 E 09BC; TAX LOT: 5900. NOTE: The Ashland Historic Commission will also review this Planning Action on Wednesday July 5, 2017 at 6:00 PM in the Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way. NOTICE OF COMPLETE APPLICATION: June 28, 2017 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: July 12, 2017 IAF , 184 tga \ w~ 24t 208 4 t92 Subject Property 220 Hargadine St. PA# 2017-01054 104 244\ ..Si 225 5 \ 225 7 2M 2A 2255 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 FoldcrWalled Notices & Signs\2017\PA-2017-01054.docx TRAVELERS' ACCOMMODATIONS 18.2.3.220 \ Where travelers' accommodations and accessory travelers' accommodations are allowed, they require a Conditional Permit under chapter 18.5.4, are subject to Site Design Review under chapter 18.5.2, and shall meet the following requirements. See definitions of travelers' accommodation and accessory travelers' accommodation in part 18-6. A. Travelers' Accommodations and Accessory Travelers' Accommodations. Travelers' accommodations and accessory travelers' accommodations shall meet all of the following requirements. 1. An accommodation must meet all applicable building, fire, and related safety codes at all times and must be inspected by the Fire Department before occupancy following approval of a Conditional Use Permit and periodically thereafter pursuant to AMC 15.28. 2. The business-owner of a travelers' accommodation or the property owner of an accessory travelers' accommodation must maintain a City business license and pay all transient occupancy tax in accordance with AMC 4.24 and AMC 6.04 as required, 3. Advertising for an accommodation must include the City planning action number assigned to the land use approval. 4. Offering the availability of residential property for use as an accommodation without a valid Conditional Use Permit approval, current business license and transient occupancy tax registration is prohibited and shall be subject to enforcement procedures. B. Travelers' Accommodations. In addition to the standards described above in section 18.23.220.A, travelers' accommodations shall meet all of the following requirements. 1. The property is located within 200 feet of a boulevard, avenue, or neighborhood collector as identified on the Street Dedication Map in the Comprehensive Plan. Distances to the property from a boulevard, avenue, or neighborhood collector shall be measured via a public street or public alley to a lot line. 2. During operation of a travelers' accommodation, the property on which the travelers' accommodation is sited must be the primary residence of the business-owner. "Business-owner" shall be defined as a person or persons who own the property and accommodation outright; or who have entered into a lease agreement with the property owner(s) allowing for the operation of the accommodation. Such lease agreement must specifically state that the property owner is not involved in the day-to-day operation or financial management of the accommodation and that the business-owner has actual ownership of the business and is wholly responsible for all operations associated with the accommodation, and has actual ownership of the business. 3. The primary residence on the site must be at least 20 years old. The primary residence may be altered and adapted for travelers' accommodation use, including expansion of floor area. Additional structures may be allowed to accommodate additional units, but must be in conformance with all setback and lot coverage standards of the underlying zone. 4. The number of travelers' accommodation units allowed shall be determined by the following criteria. a. The total number of units, including the business-owner's unit, shall be determined by dividing the total square footage of the lot by 1,800 square feet. Contiguous lots under the same ownership may be combined to increase lot area and the number of units, but not in excess of the maximum established by this ordinance. The maximum number of accommodation units shall not exceed nine per approved traveler's accommodation with primary lot frontage on boulevard streets. For travelers' accommodation without primary lot frontage on a designated boulevard, but within 200 feet of a boulevard, avenue, or neighborhood collector street, the maximum number of units shall be seven. Street designations shall be as determined by the Street Dedication Map in the Comprehensive Plan. Distances to the property from a boulevard, avenue, or neighborhood collector shall be measured via a public street or public alley to a lot line. b. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least 400 square feet of gross interior floor space remaining per unit. 5. Each accommodation must have one off-street parking space and the business-owner's unit must have two parking spaces. All parking spaces shall be in conformance with chapter 18.4.3. 6. Only one ground or wall sign, constructed of a non-plastic material, non-interior illuminated, and a maximum of six square feet total surface area is allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the travelers' accommodation in accordance with subsection 18.4.4.050.C.1. 7. An annual inspection by the Jackson County Health Department shall be conducted as required by the laws of Jackson County or the State of Oregon. 8. Transfer of business-ownership of a travelers' accommodation shall be subject to all requirements of this section and conform with the criteria of this section. Any further modifications beyond the existing approval shall be in conformance with all requirements of this section. C. Accessory Travelers' Accommodations. In addition to the standards in section 18.2.3.220.A, accessory travelers' accommodations shall meet all of the following requirements. 1. The operator of the accessory travelers' accommodation must be the property owner and the property must be the operator's primary residence. The operator must be present during operation of the accessory travelers' accommodation. 2. The property is limited to having one accessory travelers' accommodation unit, covered under a single reservation and consisting of two or fewer bedrooms. Meals are not provided and kitchen cooking facilities are not permitted with an accessory travelers' accommodation, with the exception of kitchen cooking facilities for the primary residence. 3. The total number of guests occupying an accessory travelers' accommodation must not exceed two people per bedroom. 4. The property must have two off-street parking spaces. The total number of guest vehicles associated with the accessory travelers' accommodation must not exceed one. 5. Signs are not permitted in conjunction with the operation of an accessory travelers' accommodation. 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. GAcomm-dev\planning\Planning Actions\Noticing FolderWailed Notices & Signs\2017\PA-2017-01054.docx 1. That the use would be in conformance with tandards within the zoning district in which the ul' proposed to be located, and in conformance with relevant Comprehensive plan policies that ar ,,,)t implemented by any City, State, or Federal law or N,ogram. 2. That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the development, and adequate transportation can and will be provided to the subject property. 3. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone, pursuant with subsection 18.5.4.050.A.5, below. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone. a. Similarity in scale, bulk, and coverage. b. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities, c. Architectural compatibility with the impact area. d. Air quality, including the generation of dust, odors, or other environmental pollutants. e. Generation of noise, light, and glare. f. The development of adjacent properties as envisioned in the Comprehensive Plan, g. Other factors found to be relevant by the approval authority for review of the proposed use. 4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance. 5. For the purposes of reviewing conditional use permit applications for conformity with the approval criteria of this subsection, the target uses of each zone are as follows. a. WR and RR. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential Zones. b. R-1. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential Zones, c. R-2 and R-3. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential Zones. d. C-1. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio, complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance requirements. e. C-1-D. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 1.00 gross floor to area ratio, complying with all ordinance requirements. f. E-1. The general office uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio, complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance requirements. g. M-1. The general light industrial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, complying with all ordinance requirements. h. CM-C1. The general light industrial uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.50 gross floor to area ratio, complying with all ordinance requirements. i. CM-OE and CM-MU. The general office uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.60 gross floor to area, complying with all ordinance requirements. k. CM-NC. The retail commercial uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.60 gross floor to area ratio, complying with all ordinance requirements. 1. HC, NM, and SOU. The permitted uses listed in chapters 18.3.3 Health Care Services, 18.3.5 North Mountain Neighborhood, and 18.3.6 Southern Oregon University District, respectively, complying with all ordinance requirements. SITE DESIGN AND USE STANDARDS 18.5.2.050 The following criteria shall be used to approve or deny an application: A. Underlying Zone: The proposal complies with all of the applicable provisions of the underlying zone (part 18.2), including but not limited to: building and yard setbacks, lot area and dimensions, density and floor area, lot coverage, building height, building orientation, architecture, and other applicable standards. B. Overlay Zones: The proposal complies with applicable overlay zone requirements (part 18.3). C. Site Development and Design Standards: The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided by subsection E, below. D. City Facilities: The proposal complies with the applicable standards in section 18.4.6 Public Facilities and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property and adequate transportation can and will be provided to the subject property. E. Exception to the Site Development and Design Standards. The approval authority may approve exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in either subsection 1 or 2, below, are found to exist. 1. There is a demonstrable difficulty meeting the specific requirements of the Site Development and Design Standards due to a unique or unusual aspect of an existing structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent properties; and approval of the exception is consistent with the stated purpose of the Site Development and Design; and the exception requested is the minimum which would alleviate the difficulty.; or 2. There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better achieves the stated purpose of the Site Development and Design Standards. GAcomm-dev\planning\Planning Actions\Noticing Fotder\Mailed Notices & Signs\2017\PA-2017-01054.docx AFFIDAVIT OF MAILING STATE OF OREGON ) County of Jackson ) The undersigned being first duly sworn states that: 1. I am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On 6/28/171 caused to be mailed, by regular mail, in a sealed envelope with postage fully prepaid, a copy of the attached planning action notice to each person listed on the attached mailing list at such addresses as set forth on this list under each person's name for Planning Action #PA-2017-01054, 220 Hargadine. Signature of Employee Document9 6126/2017 C PA-2017-01054 391 E09BC 5800 PA-2017-01054 391 E09BD 5300 PA-2017-01054 391 E09BC 7600 ANDERSON ANDRE ASHLAND HISTORIC PROPERTY LLC BARTON DANA LEE PO BOX 3577 437 WILEY ST 212 VISTA ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA- PA-2017-01054 391 E09BC 5900 CONS7-01054 ERVANCY 391 LLC E096C 5600 PA-2017-01054 391 E09BC 7400 BUFFINGTON JANE N CC/O ONS DE BOER SIDNEY B TRSTEE FBO 1800 SE 10TH AVE SUITE 400 104 S SHAW FIRST ST ROGER 234 VISTA ST FT LAUDERDALE, FL 33316 104 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2017-01054 391 E09BD 16300 PA-2017-01054 391 E09BC 5400 PA-2017-01054 391 E09BD 16500 DELUCA RONALD L TRUSTEE EDWARDS OREN R FOX ELISA 228 MORNINGLIGHT DR 219 N MOUNTAIN AVE 244 HARGADINE ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2017-01054 391 E09BC 5300 PA-2017-01054 391 E09BC 6100 PA-2017-01054 391 E09BC 7700 FREDERICK ALLAN J/ZIEGLER KIRSTEN HARDWICK CLAUDIA HICKS BILLIE/PAULA DAYSTAR 1910 STEINER ST 2552 EDGEWATER DR 190 VISTA ST SAN FRANCISCO, CA 94115 EUGENE, OR 97401 ASHLAND, OR 97520 PA-2017-01054 391 E09BC 5700 PA-2017-01054 391 E09BC 100 PA-2017-01054 391 E098D 5600 KELL GEORGE MARK ANTONY HIST PROP LLC MPM INVESTMENTS, LLC 333 MOUNTAIN VIEW ESTS 78 953 EMIGRANT CREEK RD 35 S SECOND ST TALENT, OR 97540 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2017-01054 391 E09BC 6201 PA-2017-01054 391 E098C 7500 PA-2017-01054 391 E09BC 6000 OREGON SHAKESPEARE FESTIVAL PORTER ROBERT P TRUSTEE ET AL SHAW ROGER A TRUSTEE ET AL ASSN 4640 SOMERSET PL SE 104 S FIRST ST PO BOX 158 BELLEVUE, WA 98006 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-2017-01054 PA-2017-01054 PA-2017-01054 BEN & MIA GASKIN BRINT BORGILT GIL LIVNEY 220 HARGADINE 13350 HWY 66 2532 OLD MILL WAY ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 220 Hargadine NOC 21 6/28117 ad;b :,iii I r' •'d 4 ~1 ,R.•L i ~p~~y~'~1~ ` I 'HOLY' ~ ' . t.,~~' { ~r r~ ~ 4Fd4~ ~ r1 n low l f 1 i r t ~ fir" i' 709- If fill Sm.. 4 i' We 4400 L 4*0 L 1' st r 1'4 i' AN- -1 We MOM - M-r 4111 620 .200 J 16000 7 7701 7 71 ti I ISM ° 'C- - ~5 tip °C o"so Ii ,y - 'op, SM, Issm 400 L I 5'~ . ff ''11147 0000 ail Q'$02 j_ _ 1460 TICOR TITLE~M 180 Lshia Way, Ste 101 Ashland, OR 97520 786 Company of Oregon Phone: (541)488-2240 /Fax: (541)488-1178 Ben Gaskin and Mia Gaskin Date: June 21, 2017 220 Hargadine Street Escrow No.: 470317052326-JB Ashland, OR 97520 Buyer(s): Ben Gaskin and Mia Gaskin Seller(s): The Jane Buffington Revocable Trust Property: 220 Hargadine Street Ashland, OR 97520 Ben Gaskin and Mia Gaskin: The closing of the sale of the property involved in the above escrow has been completed with the recording of the appropriate documents. We enclose the following: • Final Settlement Statement `Please keep this document for tax purposes Any recorded document and/or policy of title insurance to which you may be entitled will be forwarded to you in the near future. We appreciate having this opportunity to be of service to you and hope you will again choose Ticor Title Company of Oregon as your Escrow Agent and Title Insurer for any future sales or purchases. Sincerely, Jamie Baker Escrow Officer C E I V E D Jamia.Bakerc~TicorTiUe.com Enclosure(s) JUN h 6 2017 City Of Ashland Closing Latter - BuyerlBorrower Printed; 06.21.17 @ 02:00 PM by TS SSCORPD1343-doc! Updated: 05.09.16 Pago 1 OR-TT-FKTJ•02743.470332-470317052326 Jackson County Official Records 20 17-0205J25 R-BSD 06/21/2017 02:04:40 PM Stn=O FOOTENL l~ $11.00 $10.00 $20.00 $15.00 $8.00 $64.00 I, Christine Walker, county clerk for Jackson County, Oregon, certify that the Instrument Identified herein was recorded In the Clerk records. Christine Walker - County Clerk RECORDING REQUESTED BY: 19 TICOR TITHE," RECEIVED 180 nd, Way, Ste 101 Ashland, OR 97520 GRANTOR'S NAME: JUN ? 6 2017 Collier Buffington, III and Spencer Buffington, Successor Trustees n of the Jane Buffington Revocable Trust, dated April 3, 1981 ORIGI NP96940 0 GRANTEE'S NAME: RECORDED ELEC I R~N(~HLL~{ to Ben Gaskin and Mia Gaskil7 AFTER RECORDING RETURN TO: Ben Gaskin and Mia Gaskin, as tenants by the entirety 220 Hargadine Street Ashland, OR 97520 COUNTERPART SIGNATURES: This document is executed In counterpart to facilitate this transaction SEND TAX STATEMENTS TO: each of which so executed shall, irrespective of the Ben Gaskin and Mia Gaskin date of its execution and delivery, be deemed an AAshl and, , O OR ine 97520 Street original, and these counterparts together constitute Ash 10067761 and d 39I 391E098C 5900 one and the same instrument. 220 Hargadine Street, Ashland; OR 97520 SPACE ABOVE THIS LINE FOR RECORDER'S USE BARGAIN AND SALE DEED - STATUTORY FORM (INDIVIDUAL or CORPORATION) Collier Buffington, III and Spencer Buffington, Successor Trustees of the Jane Buffington Revocable Trust, dated April 3, 1991, Grantor, conveys to Ben Gaskin and Mia Gaskin, as.tenants by the entirety, Grantee, the following described real property, situated in the County of Jackson, State of Oregon, Beginning at a point on the easterly line of alley, said point being North 549 45' West 155.0 feet from the northeast corner on Lot 3 of Hargadine Tract in the City of Ashland, Jackson County, Oregon, according to the plat thereof filed in Volume 15, page 372 of the Deed Records of Jackson County, Oregon; thence South 28e 45' West, along said alley line, 145.0 feet; thence South 54° 45' East 75.0 feet; thence North 289 45' East 145.0-feet to the southerly line of Hargadine Street; thence North 549 45' West, along said street line, 75.0 feet to the point of beginning, BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE-TITLE SHOULD INQUIREABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336'AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING -OR ACCEPTING THIS INSTRUMENT, THE PERSON-ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS-A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED-IN ORS 92.010 OIL 215.010, TO--VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY.LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930,-AND-TO INQUIRE ABOUT THE RIGHTS-OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305-TO 195.336 AND SECT IONS 5 TO 1.1, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855-OREGON-LAWS 2009, AND. SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. The true consideration for this conveyance Is Four Hundred Eight Thousand Five Hundred And No/100 Dollars ($408,600.00). (See ORS 93.030). Bargain-and Sale Deed Printed: 08,16.17 OL35 PM by JB ORD7034,doe/Updated: 05,01.17 Page 1 OR-TT-FKTJ-02743.470332470317052326 i RECORDING REQUESTED BY: J TICOR TITLE- 180 and, Way, Ste 101 RECEIVED Ashland, OR 97520 GRANTOR'S NAME: JUN 2 6 2017 Collier Buffington, III and Spencer Buffington, Successor Trustees n of the Jane Buffington Revocable Trust, dated April 3, 1991 ~p C) GRANTEE'S NAME: 'City Of Ashland Ben Gaskin and Mia Gaskin AFTER RECORDING RETURN TO: Ben Gaskin and Mia Gaskin, as tenants by the entirety 220 Hargadine Street Ashland, OR 97520 COUNTERPART SIGNATURES: This document is M SEND TAX STATEMENTS TO: executed in counterpart to facilitate this transaction each of which so executed shall, irrespective of the Ben Gaskin and Mia Gaskin date of its execution and delivery, be deemed an 220 Hargadine Street Ashland, OR 97520 original, and these counterparts together constitute 10067761 and 391 E09BC 5900 one and the same instrument. 220 Hargadine Street, Ashland, OR 97520 SPACE ABOVE THIS LINE FOR RECORDER'S USE BARGAIN AND SALE DEED - STATUTORY FORM (INDIVIDUAL or CORPORATION) Collier Buffington, III and Spencer Buffington, Successor Trustees of the Jane Buffington Revocable Trust, dated April 3, 1991, Grantor, conveys to Ben Gaskin and Mia Gaskin, as tenants by the entirety, Grantee, the following described real property, situated in the County of Jackson, State of Oregon, Beginning at a point on the easterly line of alley, said point being North 54° 45' West 155.0 feet from the northeast corner on Lot 3 of Hargadine Tract in the City of Ashland, Jackson County, Oregon, according to the plat thereof filed in Volume 15, page 372 of the Deed Records of Jackson County, Oregon; thence South 28° 45' West, along said alley line, 145.0 feet; thence South 54° 45' East 75.0 feet; thence North 28° 45' East 145.0 feet to the southerly line of Hargadine Street; thence North 54° 45' West, along said street line, 75.0 feet to the point of beginning. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE -ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 -AND SECTIONS 5_ TO 1.1; CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 853, OREGON LAWS 2009: AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY. DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND- REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE -UNIT-OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010-7R 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO -DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING-OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABUXT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.309,195.301 AND- 195.305-TO 195 36 AND SECTMS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON-LAWS 2010. The true consideration for this conveyance is-Four Hundred Eight Thousand Five Hundred And No/100 Dollars ($408,500.00). (See ORS 93.030). Bargain and Sale Deed Printed: 06.19.17-@ 01:35 PM by JB ORD1034.doc / Updated: 05.01.17 Page 1 OR-TT-FKTJ-02743.470332-470317052326 BARGAIN AND SALE DEED - STATUTORY FORM (continued) RECEIVED IN WITNESS WHEREOF, the undersigned have executed this document on the date(s) set forth below. JUN 2 6 2017 Dated: June 19, 2017 City OfAshla~nd The an L/uffg~o v ~ le Tr Est j'- BY: -t , Collier Buffington, I ce or Trustee BY: Spencer Buffington, Successor Trustee COUNTERPART SIGNATURES: This document is executed in counterpart to facilitate this transaction each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and these counterparts together constitute one and the same instrument. State of Washington County of This instrument was acknowledged before me on by Spencer Buffington, as Successor Trustee Successor Trustee of the Jane Buffington Revocable Trust, dated April 3, 1991. Notary Public - State of Washington My Commission Expires: State of County of ( C1~1 1'LGC r On l before me, Notary Public, personally a pe ed . l~P~ ~~"t y C who proved to me on the basis of satisfactory 6vidd~kR to be the person(s) whose name(s) & are subscribed to the within instrument and a nowledged to me tha e/ he/they executed the same in~lils{her/their authorized capacity(ies), and that by er/their signature(s) on the instrument the person(s), or tte entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. F: WiTNE~Sm and aseal MARTIN Y c Commission n # 2 2131056 c~ Notary Public - California Sacramento County "My Comm. Expires Nov 16, 2019 S:gnature , (Seal) Bargain and Sale Deed Printed: 06.19.17 @ 01:35 PM by JB ORD1034.doc /Updated: 05.01.17 Page 2 OR-TT-FKTJ-02743.470332-470317052326 BARGAIN AND SALE DEED - STATUTORY FORM (continued) IN WITNESS WHEREOF, the undersigned have executed this document on the date(s) set forth below. Dated: June 19, 2017 RECEIVED The Jane Buffington Revocable Trust JUN P 6 2017 Collier Buffington, III, Successor Trustee BY: f Of~Ashla Ashland A BY _!S~ L=L Spen r Buffin ; Successor Trustee COUNTERPART SIGNATURES: This document is executed in counterpart to facilitate this transaction each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and these counterparts together constitute one and the same instrument. State of Washingtgn County of ; 7,'7/ ~ This instrument was acknowledged before me on &(_A-e_ /l dD/7 by Spencer Buffington, as Successor Trustee Successor Trustee of he Jane Buffingto evocable Trust, dated April 3, 1991. Notary Public - State of Washi gton Notary Public ' State of Washington My Commission Expires: ELLEN P METSKER My Appointment Expires Feb 11, 2018 State of County of T~7 / On before me, ElK"~1 /'o-4e-t Notary Public, pe- ovally appeared / who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed-the-same in` his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 4 I certify under PENALTY-OF PERJURY under the laws of the State ofUifornia that the foregoing paragraph is true and correct.~~ WITNESS y hand and-official sea!. Notary Public 1 State of Washingtan ELLEN P METSKFR Slgnatiire Llkiiy Appointment Expht's Feb 11 2018 (-Seal) Bargain and Sale Deed Printed: 06.19.17 @ 01:35 PM by JB ORD1034.doo /Updated: 05.01.1, Page 2 OR-TT-FKTJ-02743.470332-470317052326 Ticor Title Company of Oregon 180 Phone: Way, Ste 101, Ashland, OR 97520 Phone: (541)488-2240 1 FAX: (541)488-1786 Ph RECEIVED FINAL BUYER'S STATEMENT JUN 2 G 2GI 1 Settlement Date: June 21, 2017 Escrow Number: 470317052326 Disbursement Date: June 21, 2017 Escrow Officer: Jamie Baker ®i Buyer: Ben Gaskin and Mia Gaskin ~ti~` 5 220 Hargadine Street Ashland, OR 97520 Seller: The Jane Buffington Revocable Trust 2368 E. Forest Lake Rd. Acampo, CA 95220 Property:-220 Hargadine Street Ashland, OR 97520 Lender: Evergreen Federal Bank 969 SE 6th St Grants Pass, OR 97526 Loan Number: A05-17-19374-01 $ DEBITS $ CREDITS FINANCIAL CONSIDERATION 408,500.00 Sale Price of Property 5,000.00 Deposit or earnest money 348,000.00 Loan Amount Evergreen Federal Bank Loan Amount 27,000.00 Seller Carryback 2nd Position 8,500.00 Seller Credit for Closing Cost 83,762.70 Buyer's funds to close PRORATIONS/ADJUSTMENTS 86 17 County Taxes at $3,145.35 06/21/17 to 07101/17 ($3,145,351365 X 10 days) 1,000.00 Rent Deposit-Bldg 220 Hargadine 366.67 Rent-Bldg 220 Hargadine Monthly at 06121/17-07/01/17 ($1100.00 / 30 X 10 days) $1,100.00 1,100.00 Prepaid Rent-Bldg 220 Hargadine NEW LOAN CHARGES - Evergreen Federal Bank Total Loan Charges: $63,983.70 425.00 Loan Processing Fee Evergreen Federal Bank 250.00 Loan Underwriting Fee Evergreen Federal Bank 3,480.00 Origination Fee Evergreen Federal Bank Wire Fee- Evergreen Federal Bank 15.00 800.00 Appraisal Fee Evan Archerd, MAI 32.70 Credit Report Fee CBC Innovis 19.00 Flood Service Fee CoreLogic Flood Service 62.00 Tax Service Fee CoreLogic RE Tax Service 58;900.00 Lender holdback Evergreen Federal Bank TITLE & ESCROW CHARGES 100.00 Title - Additional Work Charge Tcor Title Company of Oregon (Escrow) 15.00 Title - E-Recording Fee Ticor Title Company of Oregon 59.00 Title - Early Issue Charge (Loan Ticor Title Company of Oregon Policy) 621.50 Title - Escrow Fee Ticor Title Company of Oregon 414.00 Title - Lender's Title Insurance Tcor Title Company of Oregon 100.00 Title - Lenders Title Insurance Tcor Title Company-of Oregon 100.00 OTIRO 2D9.10-06 - Restrictions,- Ticor Title Company of Oregon Encroachments, Minerals - Current Violations (ALTA 9.10-06) Policies to be issued: Loan Policy Coveraqe: $348,000.00 Premium: $414.00 Version: ALTA Loan Policy 2006 Loan Policy Coverage: $27,000.00 Premium: $100.00 CERTIFIED COPY Page 1 of 2 (470317052326193) June 21, 2017 2M PM P e FINAL BUYER'S STATEMENT - Continued $ DEBITS $ CREDITS RECORDING CHARGES Recording Fees Ticor Title Company of Oregon 360.00 Deed $69.00 Mortgage/Deed of Trust $173.00 Mortgage/Deed of Trust $118.00 MISCELLANEOUS CHARGES Homeowner's Insurance Premium Ashland Insurance, Inc. 390.00 12 months Subtotals 474,729.37 474,729.37 TOTALS 474,729.37 474,729,37 THIS IS A CERTIFIED COPY OF THE ORIGINAL DOCUMENT(S) BY TICOR TITLE COMPANY OF OREGON i Ticor Title Company of Oregon, Settlement Agent SAVE THIS STATEMENT FOR INCOME TAX PURPOSES RECEIVED JUN 2, 6 201Y CAN Rd City Of Ashl'in CERTIFIED COPY Page 2 of 2 (470317052326/93) June 21. 2017 2:00 PM P APPLICATION FOR TYPE I ACCESSORY TRAVELERS ACCOMMODATION SITE: 220 Hargadine St APPLICANT: Benjamin and Mia Gaskin Project Summary and Findings The proposed Accessory Travelers Accommodation is to be located within the existing detached Garage (see Site Plan.Box Note 37). The conversion of the existing detached Garage will require a light remodel that will not exceed the existing footprint, alter the existing roof line or change patterns of access to the existing structure. Attached below is a copy of the Scope of Work provided on the Cover Sheet of the Plans: Scope of Work: Remodel of existing 20'x 24' Garage to convert to heated dwelling space for Accessory Traveler's Accommodation. Remodel shall include 2" furring strips on (E) walls, interior walls, replacement or addition of windows and doors, Plumbing, Electrical,. wall and ceiling Insulation, Drywall, Trim, Paint, Marmoleum flooring, Carpet, and Cabinets. The (E) Garage door shall remain for access to small storage space. Attention has been directed to the location of Plumbing on exterior wall to minimize saw cuts in (E) Slab and to centralize drains. No structural impact is generated to the (E) structure other than a (N) 4 x 12 10' beam to support ceiling joists. A (N) Sub Panel will be fed from the Main Panel at the House and the trench required for the feed will be shared with Telephone, Water, and Sewer. The findings below have been formatted to address the Staff Comments per item and are presented in Italics. Reference to Box Notes found on the Site Plan and Plans are provided in the findings to provide specificity. 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. o See the attached Fire Department's comments. Staff suggests using a design professional familiar with the building and fire code to determine if issues such as fire sprinklers will be required. In addition, vacation rentals require additional provisions such as smoke alarms, CO alarms, fire extinguishers and emergency escape window. The. proposed remodel includes full compliance with Fire Safety Code (See Plans). A fire sprinkler system will be provided if required. 2. The business-owner of a travelers' accommodation or the property owner of an accessory travelers' accommodation must maintain a City business license RECEIVED JUN 02 2017 City of Shiand and pay all transient occupancy tax in accordance with AMC 4.24 and AMC 6.04 as required. Noted. 3. Advertising for an accommodation must include the City planning action number assigned to the land use approval. Noted. 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. Noted. C. Accessory Travelers' Accommodations. In addition to the standards in section 18.2.3.220.A, accessory travelers' accommodations shall meet all of the following requirements. 1. The operator of the accessory travelers' accommodation must be the property owner and the property must be the operator's primary residence. The operator must be present during operation of the accessory travelers' accommodation. o The property owner is required to sign the application form. In addition, the operator of an accessory travelers' accommodation is limited to the property owner. Noted. 2. The property is limited to having one accessory travelers' accommodation unit, covered under a single reservation and consisting of two or fewer bedrooms. Meals are not provided and kitchen cooking facilities are not permitted with an accessory travelers' accommodation, with the exception of kitchen cooking facilities for the primary residence. o The converted garage cannot have a kitchen if it is going to be used as an accessory travelers' accommodation. Noted. 3. The total number of guests occupying an accessory travelers' accommodation must not exceed two people per bedroom. Noted. 4. The property must have two off-street parking spaces. The total number of guest vehicles associated with the accessory travelers' accommodation must not exceed one. o The application must demonstrate that the parking spaces design and construction must meet the requirements of AMC 18.4.3.080. For example, a space must be nine feet wide and 18 feet deep and have 22 feet of backup. The existing 2 standard size off-street parking spaces are compliant and have 22` of backup (see Site Plan, Box Note 42). 5. Signs are not permitted in conjunction with the operation of an accessory travelers' accommodation. Noted. 18.5.4.050 Conditional Use Permit Approval Criteria 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. Noted. 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. o Frontage Improvements: The Conditional Use Permit and Site Design Review approval criteria require a demonstration of compliance with city street standards, and would typically require the installation of street frontage improvements or sidewalks. The city has typically not required these improvements for accessory travelers' accommodation and has instead simply had applicants sign agreements in favor of future proportional participation in a local improvement district (LID) should one ever be formed to install sidewalks in the neighborhood. a According to City maps, there is approximately five feet between the curb and the front property line that is public property in the form of the street right-of-way for Hargadine St. Noted. Applicant will sign agreements in favor of future proportional participation in a local improvement district (LID) should one ever be formed to install sidewalks in the neighborhood. • Vegetation Overhanging Pedestrian Walkway: The hedge along the front retaining wall intrude into the Hargadine right-of- way, making it difficult to walk in front of the property. The Ashland Municipal Code requires properties adjacent to the public street right-of-way to keep the right-of-way and pedestrian areas clear of vegetation. Noted. The existing Lavender Bushes overhanging the retaining wall adjacent the pedestrian walkway shall be maintained to keep the right of way and pedestrian areas clear of vegetation (see Site Plan, Box Note 19). RECEIVE JUN 02 2017 City of Ashland y 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. The target use of the property is three multi-family residential units. The written findings required with the application will need to make a case that the home and proposed accessory residential unit will not make a greater negative impact than three residential units using the factors listed below. a. Similarity in scale, bulk, and coverage. No change in scale, bulk or coverage is proposed. 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. The proposed change of use and associated improvements to the existing detached Garage are within the approved limits of the existing SFR and are well below the impact of the target use of the property of three multi-family residential units. c. Architectural compatibility with the impact area. The proposed improvements to the existing detached Garage represent no change in the style, trim, siding, roof pitch, scale or bulk of the structure and represent no issue of architectural compatibility with the impact area. d. Air quality, including the generation of dust, odors, or other environmental pollutants. The proposed change of use and associated improvements to the existing detached Garage represent no change in pattern of use of the two existing standard size off-street parking spaces. e. Generation of noise, light, and glare. The proposed change of use and associated improvements to the existing detached Garage are within the approved limits of the existing SFR and are well below the impact of the target use of the property of three multi-family residential units. f. The development of adjacent properties as envisioned in the Comprehensive Plan. The proposed change of use and associated improvements to the existing detached Garage are within the approved limits of the existing SFR and are well below the impact of the target use of the property of three multi-family residential units. g. Other factors found to be relevant by the approval authority for review of the proposed use. Noted. 4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance. Noted. 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 and R=3. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential Zones. Noted. SITE DESIGN REVIEW The application must address the following criteria and standards from Ashland Municipal Code (AMC) 18.5.2.050 for a Site Design Review approval for residential development. 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. The property is zoned Low Density Multiple Family (R-2) and the application must demonstrate that the site and. proposed accessory residential unit meet the requirements of AMC 18.2.5.030. For example, the application must include lot coverage calculations which is limited to 65% coverage in the R-2 zone. The proposed improvements to the existing detached Garage represent no change in the current lot coverage calculations. The existing detached Garage and SFR total 9360. sq. ft. which represents 12% lot coverage. Nonconforming Structure: The existing garage appears to be a "nonconforming structure" because it does not meet the standard rear yard requirement of ten feet between the building and the rear property line. The existing detached Garage appears to be 7.5' from the rear property line and is a "nonconforming structure. Conditional Use Permit: A conditional use permit is required to alter (reconstruct, enlarge or modify) a nonconforming structure unless the structure is not changed in size or shape (footprint, roof shape, height), and no more than 40 percent of any exterior wall and more than 50 percent of the building floor is permanently removed (see AMC 18.1.4.030). If a case is made that it is exempt, the owner has 8PEES I tq~,- b JUN 02 2017 pity of A hIand construction management plan with the building permit that documents existing building conditions, propped methods of construction and proposed building plans. The proposed improvements to the existing detached Garage represent no change to size or shape (footprint, roof shape, height), and no more than 40 percent of any exterior wall and more than 50 percent of the building floor is permanently removed (see AMC 18.1.4.030). A Conditional Use Permit is not require for the proposed remodel of the existing detached Garage. B. Overlay Zones. The proposal complies with applicable overlay zone requirements (part 18.3). The property is located in the Skidmore-Academy Historic District overlay. As a result, the site and building design is required to address the standards in AMC 18.4.2.050 Historic District Development. The application is required to include exterior elevations of each side of the converted garage structure which depict the architectural features and include building materials, colors and dimensions. The Plans include Exterior Elevations depicting that the existing siding is to remain and that no real change in the style or appearance of the existing detached Garage will result from the proposed improvements. Staff was unable to assess if there may be issues in meeting the residential development (AMC 18.4.2.030) and historic district design standards since exterior elevations were not provided. Following are a few preliminary design issues to consider. Entrance Orientation and Access to Sidewalk: The basic site review standards require building entrances to be oriented to Hargadine Street rather than the parking area and accessed by a walkway connected to the public sidewalk. [Note: The planner who wrote the original notes incorrectly stated that the building entrance was required to be oriented to First Street. This would have oriented the entrance to the parking area. I have corrected this statement.] The Front Entry door is oriented to Hargadine St., and an existing paved walkway and stairs provide access from the proposed accessory Travelers Accommodation to Hargadine St. (see Site Plan, boxes 4, 5, 6, 8, 9,10,12, and Plans). Building Materials and Colors: The basic site review standards require material and paint colors that are compatible with the surrounding area. Very bright primary or neon paint colors are prohibited. The existing colors for trim and siding shall remain and are compliant (see Elevation Box Notes 1,3,4,5,6,8). Historic District Design Standards: Staff suggests meeting with the Historic Review Board once preliminary elevations are prepared for their feedback on meeting the Historic District Design Standards. The applicant has met with the Historic Review Board to present and review the proposed Elevations. The Historic Review Board had no objections. The property is located in the Hillside Lands overlay. City maps show an area behind the home that has slopes that are 25% and greater. If this area is disturbed as part of the construction process, a Physical Constraints Review Permit in accordance with AMC 18.3.10 may be required. The proposed improvements generate no impact or disturbance to the area behind the house (see Site Plan). 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. o Landscaping: The property is required to meet the landscape standards of AMC 18.4.4.030. It appears the area behind the home has mature landscaping. As a result, the landscape plan could focus on the area between the home and the front property line. • Landscape areas are required to have plant coverage of not less than 50% within one year and 90% coverage within five years of planting. A thorough existing Landscape Plan of the front yard has been provided on the Site Plan to document that this requirement is fulfilled (see Site Plan Box Notes 13,14,15,16,19, 22, 24, 25, 26, 29). • One tree is required to shade the new parking spaces. No new parking spaces are proposed (see Site Plan Box Notes 1,42). • An irrigation plan is required at the time of submittal of the building permit. A thorough existing Landscape Plan of the front yard has been provided on the Site Plan to document that this requirement is fulfilled (see Site Plan Box Notes 13,14,15,16,19, 22, 24, 25, 26, 29). o Street Trees: Street trees will be required to be planted behind the sidewalk on Hargadine St. and irrigated. One street tree is required for each 30 feet of frontage. Two irrigated street trees currently exist (see Site Plan Box Note 16). o Tree Preservation/Protection: All planning actions are I c de a ~ JUN 02 2017 I tree preservation/protection pian to ensure that trees are protected during site disturbance (including demolition, construction, driveway/parking installation, staging of materials, etc. This plan is supposed to address all trees on the property over six-inches in diameter at breast height (d.b.h.) and all trees that are located on adjacent properties within 15 feet of the property line as well, including any existing street trees. No such trees exist (see Site Plan). o Tree Removal Permit: A tree removal permit is required for the removal of any trees six-inches diameter at breast height (dbh) or greater. It appears there a couple of trees in close proximity to the existing garage structure. Noted. 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. There are a number of items required with the construction of the addition that the applicant should be aware of: o Drainage Plan: A drainage plan to deal with roof / footing drains and surface drainage will need to be submitted for the review and approval of the Building and Public Works/Engineering Departments. The Ashland Building Division policy BD-PP-0029 requires that storm water from all new impervious surfaces and runoff associated with peak rainfalls must be collected on site and channeled to the City storm water collection system (i.e., curb gutter at public street, public storm pipe or public drainage way) or through an approved alternative. Noted (see Site Plan Box Note 34). o Utility Connections: A utility service plan is required with the Planning application, and needs to show locations of existing services and proposed utilities. Any transformers or cabinets shall be placed in locations that are the least visible from the public right-of-way. Noted (see Site Plan Box Note 32, 33, 35, 36). o System Development Charges (SDC's): The payment of systems development charges (Water, Sewer, Storm Water) is required at the time of issuance of a building permit. Front counter staff can provide an estimate of the likely permit fees and SDC charges for the project. Noted. ' f - _ 400 REVISIONS BY '+100 4ea0 ssoo • ❑j 3 ® 8 ~ 5 ID ~ II i I% I ~ ~ a~ :moo ~ ~~4k;', t , a,04 :em ~a - - - a 5140 bay ' woo ~ N _o - sxo N 0 o ti ` - r65e0 00 p 00 a -7 6101 4m $ nm t" T005 1691 I61a v n~ - 15W Ib]60 tat CIO d' ` , a • {A 1191 1'A1 1W 11140 v-I 000 r n 9 Proximity Map (not to scale) P-P i - rl O r) (N r) Project Information0 o Z OWNERS: Ben and Mix Gaskin i I oq N' 2 PROTECT ADDRESS: 220 Hargadice St. Ashland, Oregon C13 M LEGALDESCRIPf10N: 391E09 BC T.L.3900 I \ l; ACREAGE .25 rg ZONING: R-2 DESIGNER: Nautilus Design Studio e BrintBorgilt, Principal 13350 Hwy 66 41)2616349720 o b \ ✓ (A 1)4880822 I - _ UJ BUILDER: (P, I46Ot NOTE: (E)=Existing - - (N)=New l a. ~E PLAT I ScopeofWork: f~ I8 _ lOl 011 Remodel ofexisting20'x24'GmagetownveA to heated dwelling space forAccessory Traveler's t Accommodation. Remodel shall include Muting strips on(E)walls, interior walls, replace or addwialows and doors, Plumbing, Electrical, wall and ceiling Insulation, 1 _ Drywall, Trim, Paint, Marmoleura, Carpet, and Cabinets. S••1" The (F) Garage door shall remain for access to small .-4 0O Site Plan Box Notes storage space. ti M Attention has been directed to the location of - O O Plumbing on exterior wall to minimize sew cuts in (E) G 'b (E)Gravel Parking Area. (asphalt curb preventing hacking of gravel) Q (E)6"PonderosaPme(urigaled) ®(E)24"Cedar Slab and to cenhdiw drains. No stmctural impact is generated to the (E) a (E)AspheltCmb (presmminghm;kimg ofgmvel) (E) Flowedng Cheny(irrigated) (E) Single Family Residence structure other than a(N) 4x1210' beam to support ceiling N U E Utility Pale Curb `I (E D. G. Path 3'0"wide joists. A(N)Bub Panel will be fedfrom the Mein Panel at p)) U IheHouse andthe trench required for the feed will be ® (E) Landscape Path Lighting Typ. IS (E) D. G. Path (N)Water(I"line) shared with Telephone, Water, and Sewer r~ m V ❑5 (E)BikPath (3'0"wide) 19 (E) Lavender Bushes(hrigated,malme) ©(I4) Sanitary Sewer(4"line) U 0) . _ ? ® (F) Wood Railing ® (E)Water Meter ~{.(t4) Stoat Sewer (4"line) ry N ~ © (E) Elechical Panel (E) 48' high Retaining Wall(CMU) lrffy---~~I (N) Electric Line (60 amp, conduit) - - O ® (E) Brick Stairs (3'0- wide) ® (E) 6" Black Locust (irrigated) (N) Phone Line (canduit) O RECEIVED (E)Concrete Petio (beck door access) (E) Natural Gas Meter ryg (E)20'0"x24'0"Garage (convert to Accessory Traveler's Accommodation) - - ro Ib (F) Stone Peth(3'D"wale) ® (E)14" Msple(irrigated, mature) (E) Ridge U N Wood Framed Steps (front door access) ® (E) Holly (irrigated) (E) Face ofHuildimg I, JUN 23 201 II (E) U N p[ _ ~ (E)Steel Railings P4 (E)L.-(irrigated, cstablished) 1,®, (E) Gutter c0 Ity fA / l~l n~ IRJ (E)Boxwood Shrubs(irtigated,mature) ~ (E) Beach g ii (E)Retewng Wet (30"hghmex. Keystone Block) J Q) 14 (E) Laurel Shmbs(irdgated,mdure) ® (E) Wood Framed Deck `~'S (E) Standard Parking Spaces _ oam 5-23-1 . l i taWa 1-..."I J . Sheet Index ° _ - _ Cover Site Plan, Landscape Plan oraweSjl.l.lTj _ 1 Floor Plan, Ceiling Framing Plan and Elevations dub Sheat ll ~!7 V Of saeaa . b1r1 _faaIIIAYI~ ~N I ~ r_ ~-__r J-J-,~--1.-J-.L^ ~_`_i--•- --'i _r 1-...r.,.L~._~.._ CN O'D 001 - - - Lr ^ I l y yl - ' - j I ~ V) W) j - _ I ' f o I W ~I i Tow ~ ~G~ l~-~I~-I~O~iJ {~1~~4~-t i j I ~~f v ~ w { 1 i i f I - Li - - C., - - , IMyI- i RECEIVED JUN 02 2017 ~r _ >o ---City of Ashland I o pUPPCI 1o 40 , 'I - - - kn N 01 N I LIoz zo Nor II It x a i . if Q 0o Ozt b 00 I c~ ~(C Acv 1 ~'xrll P^I m p r1 j I - - - Scope of Work: o tr m m v ; _ Remodel of existing 20' x 24' Garage to convert Z to heated dwelling space for Accessory Traveler's--- 3c Accommodation. Remodel shall include 2" furring strips i H. on (E) walls, interior walls, replace or add windows and 4 g'am' - doors, Plumbing, Electrical, wall and ceiling Insulation, 2111 I Drywall, Trim, Paint Marmoleum, Carpet and Cabinets. I I ? I The (E) Garage door shall. remain for access to small I 11 ~ I ~0 - - - storage space, o ray Attention has been directed to the location of o f~l~ 4 x I f- Plumbing on exterior wall to minimize saw cuts in (E) i (P) ~uu l F~1) PUT Slab and to centralize drains. No structural impact is generated to the (E) structure other than a (N) 4x1210' beam to support ceiling C~)I SIX" joists. A (N) Sub Panel will be fed from the Main Panel at - -1 1 30 I $19 i the House and the trench required for the feed will be pl L~ shared with Telephone, Water, and Sewer. ~JN!, FF FUt u r ; OtI~2'' j bbl d i i i r o u loll ~~FI . ~I - I III f nEGEIVE JSUN 02 2011 1 I► - _ _ City oy'Akshland 114 t REVISIONS BY Floor Plan Box Notes Marmoleum - . ® Edge of Garage Door when open - - ®Electric Water Healer N I N 11911 n ® Stack Washer/Dryer 00 . a Frame Well and Closet Ceiling below Garage Door truck ' 0 00 FMA 00 Carpel Flat Screen d' - - - 4 " Al . - ® yP' Mini Refiigemtar V l d~- - ID - Fire Extinguisher M r ~ rmd'y 1 2 . \ id 2" Furring Strips u 9b O II R-21 Batt Insulation •rl N xl - G C 5 l4"=Iloa 1 l O® 1----3 0 Elevation Box Notes nPor I o5 o O - r og yro° a, [D (E) 2.4 G.b1c, board (white) (E) Goner w/Down Spouts . ~ h (E) 1.4 Ceasing (white) (E) Hmizomal. Siding (pal- yellow) (E) Garage Door (white) 3x - ® (E) 1.4 Comer Trim (white) oi, 0 (E)Compwiticn Roofing (M Ix4 Cuing (white, match existing). - I 1 - p.l rn - 0 I DoorSchedule 6o Yr t ~r~oe~ PL a U > - 1,-9-.II oil "r -L.Dd _ Size Style Type Swing Jam C W id - - of 2'6"x 6'8"x 13/8" Panel Privacy L 49/16" 02 6'0"x 6'8"x 13/8" Panel Bipass 49/16° 00 id 2'8"x6'8"x13/4" Panel Entry R 69116° W CE)TP ® 2'4"x 6'8"x 13/8" Panel Pocket 49/16 3'0'x6'8"x13/4" Full Light Entry L 69/16" 3'0'x6'8'x13/4" Half light Entry A 69/16 ' S' I i I. 7 (2)514'x6'8"x11/2" Barn Slider N/A I 0 i N Window Schedule o o - t2~ 4ulz ,,~I ~d _ l I Size R.O. Type 4uan. Header Notes W p N vs°a.°ce (d15 n4U'I 7.ERdoE1E) 4 i _ Height U I (s•!!61)I I .SH. I•Vsie"~e1cn F - - _ _ 3,0.. x3'0" 3'O"x3'0" C. 1 6'8" t~ t~ ,Url rAn fJ.a!-'--OFF 2 441~s.N Eve:, y ti ctl . 14 pll - - (,i1~2_x<F C1.tl =doV _ 3'0x2'8 3'0'x2'8" S.H. 1 6'8" Replace (E) 4-~ ~ kEn% Q C7 I N ..-y•-T' 0'x2'8 x2'8" S.H. 1 6'8" (N) U N I dhvl-•rio4 3'0'x4'6' x4'6' S.H. 1 6'8' 9eplamlE) N. C'3 . I "cceav~. ~5 4d% ® 3'0"x4'6' 30'x4'6" S.H. 1 6'8" tnl rA b0 1.. - 3x2'8' 3'0'x2'8" S.H. 1 6'8" xeplxelEl m r~x cl) r ~N 8 -c~ RECEIVED" IIB4 JUN 23101I Seel. 4, 0- T~H Job Cit Of Ashland V411 1 X11 _ Sneer 101 9h.t. Maria Harris From: Maria Harris Sent: Friday, June 23, 2017 11:57 AM To: tochiba@yahoo.com Cc: brintborgilt@yahoo.com; Maria Harris; miachiapet@yahoo.com Subject: 220 Hargadine St. application Dear Ben and Mia Gaskin: I have reviewed your application received on June 2, 2017 for an accessory travelers' accommodation located at 220 Hargadine St. After examining the materials presented, I have determined that the application is incomplete because the information listed below was not provided. Incomplete applications are subject to delay in accordance with ORS 227.178. The application cannot be further processed and deemed complete until the missing information is submitted or the applicant indicates that the missing information will not be provided. The following items should be submitted by June 28, if the application is to be included on the July 5, 2017 Historic Commission agenda. In an effort to keep the application moving forward, I will prepare the public notices and tentatively put the application on the July 5 Historic Commission agenda assuming you may be able to submit the following materials early next week. 1. Site Plan and Landscaping Plan - The application references a site plan and landscaping plan. However, the plans were not included in the application submittals. • A site plan is required as part of the application materials in accordance with Ashland Municipal Code (AMC) 18.5.2.040.B.3. As discussed at the pre-application conference, the site plan must include location and dimensions of connection to public utilities (i.e., water, sewer, electric, storm drainage). As a clarification to your application materials, the public street right-of-way adjacent to the western boundary of the property is South First Street. • A landscaping plan addressing the location, size and species of existing and proposed plant materials including a tree protection and removal plan is required in accordance with AMC 18.5.2.040.B.7. 2. Application Form - The file notes that you became property owners of 220 Hargadine on June 9, 2017. However, the Jackson County Property Data Online identifies Jane Buffington as the owner of the property. AMC 18.5.1.050 requires "One or more property owners of the property for which the planning action is requested and their authorized agent, as applicable, must sign the application." Either legal documentation showing that you have taken ownership of the property or an application form signed by the listed property owner will need to be submitted for the application for an accessory travelers' accommodation unit to be processed further. In reviewing the application for completeness, the following inconsistencies with the applicable standards and approval criteria were identified. 1. Kitchen Facilities and Electric Service - Several issues concerning building configuration and electric service for the proposed accessory travelers accommodation unit were discussed in the review upcoming planning applications by the City departments. i • The unit cannot have a kitchen and cannot be concurrently used as an accessory travelers' accommodation and a second residential dwelling unit. A dwelling unit is defined in AMC 18.6.1 as "complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking and sanitation. Buildings with more than one set of cooking facilities are considered to contain multiple dwelling units." • The City generally does not allow a second electric meter for an accessory travelers' accommodation unit to be installed if it could potentially be used as a dwelling unit without planning approval. • As discussed at the pre-application conference, the application could be revised to include the conversion of the accessory travelers' accommodation unit into a second dwelling unit at a future date if key multi-family residential requirements such as the provision of third parking space on the property are addressed and installed. To continue review of your application, you must select and complete one of the following three options: 1. Submit all of the missing information; 2. Submit some of the requested information and give the City of Ashland Planning Division written notice that no other information will be provided; or 3. Submit written notice to the City of Ashland Planning Division indicating that no other information will be provided. If you have questions, please feel free to contact me. Best Regards, Maria Harris, AICP Planning Manager City of Ashland, Community Development Department 20 E. Main St., Ashland, OR 97520 541.552.2045 Tel 800.735.2900 TTY 541.552.2050 Fax This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records Law for disclosure and retention. If you have received this message in error, please contact me at 541.552.2045, Thank you. 2 ZONING PERMIT APPLICATION Planning Division nn C J T V Of 51 Winburn Way, Ashland OR 97520 FILE S H t.AN D 541-488-5305 Fax 541-488-6006 - DESCRIPTION OF PROJECT Q-rar a-irejQj2' In*-) an QCCP Talc( ~Ij cY-(n-~~fc~ DESCRIPTION OF PROPERTY'' 11 Pursuing LEEDO Certification? ❑ YES NO Street Address QQ o F~l O-Caa rLj ne 62Sh Ict nd 9-750<) Assessor's Map No. 39 1 E Tax Lot(s) Zoning C~? Comp Plan Designation APPLICANT -5II - 531-204 `11)r_ , 61 e ciak oa• Name ~ m IQ r00~~ PhdN-39"3-t35~,n!aj~:E-Mail WLtaC:~t k"+- p at/ic)o. c-cyn Address N m~ ~ ~n~. ~ ~ • city IqiS:6 IQ ci zip 7 ~ PROPERTY OWNER p .5y 31-2b'ly -tach;bc% E. I;nho C, E 0 rn Name QE(l WA C~A51~1~ PhoneMr3')3 X52 b;f1 -Mail rn~h1h%a'P , yri~OC,'0(h Address '220 1AAC'G GNC' m Vii'. City ASA)kcA(NC11 Zip q-1 3 SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT OTHER Title8rr k) le Name L~rlrlt I rdI Phone5gl-40 - 3qqE-Mail 6•In-tbot-Q11 ( hoo. N-F Address 13`?);'() 1AWu toto city Ashknna Zip Ck -1Gj a0 CUVI Title CQnjr2~AC''jn~:_Name G 11 l yn / Phone5l0 - 1" ` /1q~'~ - 11 nE-Mail Address ~ 5 3~ fj\A M'M w cn~ City A-sMot 1 A Zip `os a c) 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 remo e (at My p nse. If 1 have any doubts, I am advised to seek competent professional advice and assistance. Applicants Signature Date As owner of the property involved in this request, I have read and understood the complete application and its consequences to me as a property wner. ; ~ Property Owner's Signature (required) Date fro be completed by City Slalf) Date Received Zoning Permit Type Filing Fee $ OVER G.\comm-dev\planningNFo=s & HandomsVoning Permit Applicat:on.doc APPLICATION-FOR TYPE F ACCESSORY-TRAVELERS ACCOMMODATION SITE: 220 Hargadine St APPLICANT: Benjamin and Mia Gaskin Project Summary and Findings The proposed Accessory Travelers Accommodation is to be located within the existing detached Garage (see Site Plan.Box Note 37). The conversion of the existing detached Garage will require a light remodel that will not exceed the existing footprint, alter the existing roof line or change patterns of access to the existing structure. Attached below is a copy of the Scope of Work provided on the Cover Sheet of the Plans: Scope of Work: Remodel of existing 20'x 24' Garage to convert to heated dwelling space for Accessory Traveler's Accommodation. Remodel shall include 2" furring strips on. (E) walls, interior walls, replacement or addition of windows and doors, Plumbing, Electrical,-wall and ceiling Insulation, Drywall, Trim, Paint, Marmoleum flooring, Carpet, and Cabinets. The (E) Garage door shall remain for access to small storage space. Attention has been directed to the location of Plumbing on exterior wall to minimize saw cuts in (E) Slab and to centralize drains. No structural impact is generated to the (E) structure other than a (N) 4 x 12 10' beam to support ceiling joists. A (N) Sub Panel will be fed from the Main Panel at the House and the trench required for the feed will be shared with Telephone, Water, and Sewer. The findings below have been formatted to address the Staff Comments per item and are presented in Italics. Reference to Box Notes found on the Site Plan and Plans are provided in the findings to provide specificity. 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. o See the attached Fire Department's comments. Staff suggests using a design professional familiar with the building and fire code to determine if issues such as fire sprinklers will be required. In addition, vacation rentals require additional- provisions such as smoke alarms, CO alarms, fire extinguishers and emergency escape window. The-proposed remodel includes full compliance with Fire Safety Code (See Plans). A fire sprinkler system will be provided if required. 2. The business-owner of a travelers' accommodation or the property owner of an accessory travelers' accommodation must maintain a Cit business license `~r JUN 02 2017 UY Of Ashland and pay all transient occupancy tax in accordance with AMC 4.24 and AMC 6.04 as required. Noted. 3. Advertising for an accommodation must include the City planning action number assigned to the land use approval. Noted. 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. Noted. C. Accessory Travelers' Accommodations. In addition to the standards in -section 18.2.3.220.A, accessory travelers' accommodations shall meet all of the following requirements. 1. The operator of the accessory travelers' accommodation must be the property owner and the property must be the operator's primary residence. The operator must be present during operation of the accessory travelers' accommodation. o The property owner is required to sign the application form. In addition, the operator of an accessory travelers' accommodation is limited to the property owner. Noted. 2. The property is limited to having one accessory travelers' accommodation unit, covered under a single reservation and consisting of two or fewer bedrooms. Meals are not provided and kitchen cooking facilities are not permitted with an accessory travelers' accommodation, with the exception of kitchen cooking facilities for the primary residence. o The converted garage cannot have a kitchen if it is going to be used as an accessory travelers' accommodation. Noted. 3. The total number of guests occupying an accessory travelers' accommodation must not exceed two people per bedroom. Noted. 4. The property must have two off-street parking spaces. The total number of guest vehicles associated with the accessory travelers' accommodation must not exceed one. o The application must demonstrate that the parking spaces design and construction must meet the requirements of AMC 18.4.3.080. For example, a space must be nine feet wide and 18 feet deep and have 22 feet of backup. _rl JUN 02 2017 CiiY Of 6",i h1an ' The existing 2 standard size off-street parking spaces are compliant and have 22' of backup (see Site Plan, Box Note 42). 5. Signs are not permitted in conjunction with the operation of an accessory travelers' accommodation. Noted. 18.5.4.050 Conditional Use Permit Approval Criteria 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. Noted. 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. o Frontage Improvements: The Conditional Use Permit and Site Design Review approval criteria require a demonstration of compliance with city street standards, and would typically require the installation of street frontage improvements or sidewalks. The city has typically not required these improvements for accessory travelers' accommodation and has instead simply had applicants sign agreements in favor of future proportional participation in a local improvement district (LID) should one ever be formed to install sidewalks in the neighborhood. According to City maps, there is approximately five feet between the curb and the front property line that is public property in the form of the street right-of-way for Hargadine St. Noted. Applicant will sign agreements in favor of future proportional participation in a. local improvement district (LID) should one ever be formed to install sidewalks in the neighborhood. Vegetation Overhanging Pedestrian Walkway: The hedge along the front retaining wall intrude into the Hargadine right-of- way, making it difficult to walk in front of the property. The Ashland Municipal Code requires properties adjacent to the public street right-of-way to keep the right-of-way and pedestrian areas clear of vegetation. Noted. The existing Lavender Bushes overhanging the retaining wall adjacent the pedestrian walkway shall be maintained to keep the right of way and pedestrian areas clear of vegetation (see Site Plan, Box Note 19). M ll ~/l!-:3 I V r JUN 02 2017 tree preservation/protection pian to ensure "tha"t trees are protected during site disturbance (including demolition, construction, driveway/parking installation, staging of materials, etc. This plan is supposed to address all trees on the property over six-inches in diameter at breast height (d.b.h.) and all trees that are located on adjacent properties within 15 feet of the property line as well, including any existing street trees. No such trees exist (see Site Plan). o Tree Removal Permit: A tree removal permit is required for the removal of any trees six-inches diameter at breast height (dbh) or greater. It appears there a couple of trees in close proximity to the existing garage. structure. Noted. 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. There are a number of items required with the construction of the addition that the applicant should be aware of: o Drainage Plan: A drainage plan to deal with roof /footing drains and surface drainage will need to be submitted for the review and approval of the Building and Public Works/Engineering Departments. The Ashland Building Division policy BD-PP-0029 requires that storm water from all new impervious surfaces and runoff associated with peak rainfalls must be collected on site and channeled to the City storm water collection system (i.e., curb gutter at public street, public storm pipe or public drainage way) or through an approved alternative. Noted (see Site Plan Box Note 34). o Utility Connections: A utility service plan is required with the Planning application, and needs to show locations of existing services and proposed utilities. Any transformers or cabinets shall be placed in locations that are the least visible from the public right-of-way. Noted (see Site Plan Box Note 32, 33, 35, 36). o System Development Charges (SDC's): The payment of systems development charges (Water, Sewer, Storm Water) is required at the time of issuance of a building permit. Front counter staff can provide an estimate of the likely permit fees and SDC charges for the project. Noted. JUN 02 2011 A C"I 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. The target use of the property is three multi-family residential units. The written findings required with the application will need to make a case that the home and proposed accessory residential unit will not make a greater negative impact than three residential units using the factors listed below. a. Similarity in scale, bulk, and coverage. No change in scale, bulk or coverage is proposed. 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. The proposed change of use and associated improvements to the existing .detached Garage are within the approved limits of the existing SFR and are well below the impact of the target use of the property of three multi-family residential units. c. Architectural compatibility with the impact area. The proposed improvements to the existing detached Garage represent no change in the style, trim, siding, roof pitch, scale or bulk of the structure and represent no issue of architectural compatibility with the impact area. d. Air quality, including the generation of dust, odors, or other environmental pollutants. The proposed change of use and associated improvements to the existing detached Garage represent no change in pattern of use of the two existing standard size off-street parking spaces. e. Generation of noise, light, and glare. The proposed change of use and associated improvements to the existing detached Garage are within the approved limits of the existing SFR and are well below the impact of the target use of the property of three multi-family residential units, f. The development of adjacent properties as envisioned in the Comprehensive Plan. The proposed change of use and associated improvements to the existing detached Garage are within the approved limits of the existing SFR and are well below the impact of the target use of the property of three multi-family residential units g. Other factors found to be relevant by the approval authority for rew o~' JUN 02 2017 Ctl!Y 0"A,6h1nn proposed use. Noted. 4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance. Noted. 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 and R-3. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential Zones. Noted. SITE DESIGN REVIEW The application must address the following criteria and standards from Ashland Municipal Code (AMC) 18.5.2.050 for a Site Design Review approval for residential development. 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. The property is zoned Low Density Multiple Family (R-2) and the application must demonstrate that the site and. proposed accessory residential unit meet the requirements of AMC 18.2.5.030. For example, the application must include lot coverage calculations which is limited to 65% coverage in the R-2 zone. The proposed improvements to the existing detached Garage represent no change in the current lot coverage calculations. The existing detached Garage and SFR total 1360. sq. ft. which represents 12% lot coverage. Nonconforming Structure: The existing garage appears to be a "nonconforming structure" because it does not meet the standard rear yard requirement of ten feet between the building and the rear property line. The existing detached Garage appears to be 7.5' from the rear property line and is a "nonconforming structure. " Conditional Use Permit: A conditional use permit is required to alter (reconstruct, enlarge or modify) a nonconforming structure unless the structure is not changed in size or shape (footprint, roof shape, height), and no more than 40 percent of any exterior wall and more than 50 percent of the building floor is permanently removed (see AMC 18.1.4.030). If a case is made-that it is exempt, the owner h to submFt JUN 02 2017 construction management plan with the building permit that documents existing building conditions, propped methods of construction and proposed building plans. The proposed improvements to the existing detached Garage represent no change to size or shape (footprint, roof shape, height), and no more than 40 percent of any exterior wall and more than 50 percent of the building floor is permanently removed (see AMC 18.1.4.030). A Conditional Use Permit is not require for the proposed remodel of the existing detached Garage. B. Overlay Zones. The proposal complies with applicable overlay zone requirements (part 18.3). The property is located.in the Skidmore-Academy Historic District overlay. As a result, the site and building design is required to address the standards in AMC 18.4.2.050 Historic District Development. The application is required to include exterior elevations of each side of the converted garage structure which depict the architectural features and include building materials, colors and dimensions. The Plans include Exterior Elevations depicting that the existing siding is to remain and that no real change in the style or appearance of the existing detached Garage will result from the proposed improvements. Staff was unable to assess if there may be issues in meeting the residential development (AMC 18.4.2.030) and historic district design standards since exterior elevations were not provided. Following are a few preliminary design issues to consider. Entrance-Orientation and Access to Sidewalk: The basic site review standards require building entrances to be oriented to Hargadine Street rather than the parking area and accessed by a walkway connected to the public sidewalk. [Note: The planner who wrote the original notes incorrectly stated that the building entrance was required to be oriented to First Street. This would have oriented the entrance to the parking area. l have corrected this statement.] The Front Entry door is oriented to Hargadine St., and an existing paved walkway and stairs provide access from the proposed accessory Travelers Accommodation to Hargadine St. (see Site Plan, boxes 4, 5, 6, 8, 9,10,12, and Plans). Building Materials and Colors: The basic site review standards require material and paint colors that are compatible with the surrounding area. Very bright primary or neon paint colors are prohibited. The existing colors for trim and siding shall remain and are compliant (see Elevation Box Notes 1,3,4,5,6,8)._, JUN 02 2017 ,T ra R ''fi Historic District Design Standards: Staff suggests meeting with the Historic Review Board once preliminary elevations are prepared for their feedback on meeting the Historic District Design Standards. The applicant has met with the Historic Review Board to present and review the proposed Elevations. The Historic Review Board had no objections. The property is located in the Hillside Lands overlay. City maps show an area behind the home that has slopes that are 25% and greater. If this area is disturbed as part of the construction process, a Physical Constraints Review Permit in accordance with AMC 18.3.10 may be required. The proposed improvements generate no impact or disturbance to the area behind the house (see Site Plan). 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. o Landscaping: The property is required to meet the landscape standards of AMC 18.4.4.030. It appears the area behind the home has mature landscaping. As a result, the landscape plan could focus on the area between the home and the front property line. • Landscape areas are required to have plant coverage of not less than 50% within one year and 90% coverage within five years of planting. A thorough existing Landscape Plan of the front yard has been provided on the Site Plan to document that this requirement is fulfilled (see Site Plan Box Notes 13,14,15,16,19, 22, 24, 25, 26, 29). • One tree is required to shade the new parking spaces. No new parking spaces are proposed (see Site Plan Box Notes 1,42). • An irrigation plan is required at the time of submittal of the building permit. A thorough existing Landscape Plan of the front yard has been provided on the Site Plan to document that this requirement is fulfilled (see Site Plan Box Notes 13,14,15,16,19, 22, 24, 25, 26, 29). o Street Trees: Street trees will be required to be planted behind the sidewalk on Hargadine St. and irrigated. One street tree is required for each 30 feet of frontage. Two irrigated street trees currently exist (see Site Plan Box Note 16) o Tree Preservation/Protection: All planning actions are required t imclude--81,~ JUN 0 2 2017 0 ~N - - N 00 lot ~y to kr) cis arokL 't tc-I r l - - ,0 I ADD W ~ I _r - w ~d v - - - i 6-L) ~ I~ nowt RECLE I B ' JUN 42 2017 ty of Ashland I 2-. I II I ~ II II ~ a' o 9 0 00 I 00 SIX ~I Ic~1 ~,I A f 4 L ! x _ l - - - - Scope of Work: a z Remodel of existing 20'x 24 Garage to convert I to heated dwelling space for Accessory Traveler's n GJLE ~I'' I U 2Xa JO _ Accommodation. Remodel shall include 2" furring steps ° 16 I G''`1 ` ~a on E walls, interior walls, replace or add windows and 931 doors, Plumbing, Electrical, wall and ceiling Insulation, III Drywall, Trim, Paint, Marmoleum, Carpet, and Cabinets. 2U - ' The (E) Garage door shall remain for access to small i 1 - - storage space, r t~► is~ Attention has been directed to the location of 0 t 0 4 x IZ Plumbing on exterior wall to minimize saw cuts in (E) C Q X31° w 2,P`'T Slab and to centralize drains. j No structural impact is generated to the (E) structure other than a (N) 4x1210' beam to support ceiling joists. A (N) Sub Panel will be fed from the Main Panel at x ,I p1 L1 i the Douse and the trench required for the feed will be 218 H $ 'E 1 - - shared with Telephone, Water, and Sewer. I u-e:- °1' bhp FLA- OUT I wr-~ovr J 3 ¢ j N 1 Ll~~ FIT OIX Q III' I` ~~b~lx1 00 I U I I IIVt ~~FiY, WI r~lE --~T- - - - Y-4 I / r I~~-~ -rte ~ ,a I JUN 02 2011 i ~-I City of Ashland Ir Job Address: 220 HARGADINE ST Contractor: ASHLAND OR 97520 Address: C A Owner's Name: BENJAMIN/MIA GASKIN O Phone: P Customer 09375 N State Lic No: P BENJAMIN/MIA GASKIN T City Lic No: L Applicant: 220 HARGADINE ST R Address: ASHLAND OR 97520 A C C Sub-Contractor: A Phone: (323) 552-6812 T Address: N Applied: 06/02/2017 O T Issued: Expires: 11/29/2017 R Phone: State Lic No: Maplot: 391 E09BC5900 City Lic No: DESCRIPTION: CUP and Site Review for a Traveler's Accommodation VALUATION Occupancy Type Construction Units Rate Amt Actual Amt Constuction Description Total for Valuation: MECHANICAL ELECTRICAL STRUCTURAL PERMIT FEE DETAIL Fee Description Amount Fee Description Amount Residential Site Review 1,022.00 CONDITIONS OF APPROVAL COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 East Main St. Fax: 541-488-5311 Ashland, OR 97520 TTY: 800-735-2900 www.ashland.or.us Inspection Request Line: 541-552-2080 CITY OF -A5 H LAN D I hereby certify the contents of this application to be correct to the best of my knowledge, and furthermore, that I have read, Fee Summary Paid Amounts understood and agreed to the following: Building: $ 0.00 $ 0.00 1. This permit shall remain valid only in accordance with code State Surcharge: $ 0.00 $ 0.00 or regulation provisions relating to time lapse and revocation Development Fees: $ 0.00 $ 0.00 (180 days). 2. Work shall not proceed past approved inspection stage. All Systems Development Charges: $ 0.00 $ 0.00 required inspections shall be called for 24 hours in advance. Utility Connection Fees: $ 0.00 $ 0.00 3. Any modifications in plans or work shall be reported in advance to the department. Public Works Fees: $ 0.00 $ 0.00 4. Responsibility for complying with all applicable federal, state, Planning Fees: $ 1,022.00 $ 1,022.00 or local laws, ordinances, or regulations rests solely with the applicant. Sub-Total: $ 1,022.00 Fees Paid: $ 1,022.00 Applicant Date Total Amount Due: $ U COMMUNITY DEVELOPMENT Tel: 541-488-5305 20 East Main St. Fax: 541-488-5311 Ashland, OR 97520 TTY: 800-735-2900 www.ashland.or.us Inspection Request Line: 541-552-2080 CITY OF ASHLAND