HomeMy WebLinkAboutNMain_407_PA-T1-2018-00008
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July 3, 2018
Notice of Final Decision
On July 2, 2018, the Community Development Director approved the request for the following:
Planning Action: PA-T1-2018-00008
Subject Property: 407 North Main Street
Applicant: Gilad Gozlan/Gilad Gozlan & Roger Gould
Description: A request for Conditional Use Permit and Site Design Review approvals to
allow a two-unit Traveler's Accommodation consisting of one guest unit in addition to the owner's
unit for the property located at 407 North Main Street. The application includes a request for an
Exception to the Site Development and Design Standards to retain the existing parking
configuration which does not include a full five-foot buffer at the property line.
COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential;
ZONING: R-2; ASSESSOR'S MAP: 39 lE 05DA; TAX LOT: 7600
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 Derek Severson in the
Community Development Department at (541) 488-5305.
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cc: Parties of record and property owners within 200 ft
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050 I '
Ashland, Oregon 97520 TTY: 800-735-2900 4
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SECTION 18.5.1.050 Type I Procedure (Administrative Decision with Notice)
E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to
subsection 18.5.1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision.
F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below.
1. Any party entitled to notice of the planning action, or any City department may request reconsideration of the action
after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no
fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision.
Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence
during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity
to respond to the issue prior to making a decision.
2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall
decide within three days whether to reconsider the matter.
3. If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the
decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse
the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any
party entitled to notice of the planning action.
4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the
reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration.
G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following:
1. Who May Appeal. The following persons have standing to appeal a Type I decision.
a. The applicant or owner of the subject property.
b. Any person who is entitled to written notice of the Type I decision pursuant to subsection
18.5.1.050.B.
c. Any other person who participated in the proceeding by submitting written comments on the application to the
City by the specified deadline.
2. Appeal Filing Procedure.
a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.050.6.1, above, may
appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of this
subsection. The fee required in this section shall not apply to appeals made by neighborhood or community
organizations recognized by the City and whose boundaries include the site. If an appellant prevails at the hearing
or upon subsequent appeal, the fee for the initial hearing shall be refunded.
b. Time for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of
decision is mailed.
c. Content of Notice 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: 541-488-5305
51 Winburn Way Fax: 541-552-2050 j
Ashland, Oregon 97520 TTY: 800-735-2900 I
ASHLAND PLANNING DEPARTMENT
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FINDINGS & ORDERS
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PLANNING ACTION: PA-T1-2018-00008
SUBJECT PROPERTY: 407 North Main Street
APPLICANT/OWNER: Gilad Gozlan/Gilad Gozlan & Roger Gould
DESCRIPTION: A request for Conditional Use Permit and Site Design Review approvals to
allow a two-unit Traveler's Accommodation consisting of one guest unit in addition to the owner's unit
for the property located at 407 North Main Street. The application includes a request for an Exception to
the Site Development and Design Standards to retain the existing parking configuration which does not
include a full five-foot buffer at the property line.
COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-
2; ASSESSOR'S MAP: 39 1E 05DA; T LOT: 7600
SUBMITTAL DATE: May 4, 2018
DEEMED COMPLETE DATE: May 21, 2018
STAFF APPROVAL DATE: July 2, 2018
APPEAL DEADLINE (4:30 P.M.): July 16, 2018
FINAL DECISION DATE (4:30 P.M.): July 16, 2018
APPROVAL EXPIRATION DATE: January 16, 2020
DECISION
The proposal is a request for Conditional Use Permit and Site Design Review approvals to allow a two-
unit Traveler's Accommodation consisting of one guest unit in addition to the owner's unit for the property
located at 407 North Main Street. The application includes a request for an Exception to the Site
Development and Design Standards to retain the existing parking configuration which does not include a
full five-foot buffer at the property line. The subject property is located in the Low Density Multi-Family
Residential zone (R-2) and Skidmore-Academy Historic District.
The subject property is located is a corner lot bounded by North Main Street, a boulevard or arterial street
and also a state highway, and Wimer Streets, a neighborhood collector street. Both street paved with
curbs, gutters and curbside sidewalks in place along the full frontage of the subject property. The
surrounding zoning to the north, south and west is also R-2, while the area to the east, across North Main
Street, is zoned E-1 (Employment).
The subject property is approximately 9,246 square feet in area. The property is occupied by a historic
home, the E.L. Chrisman House, which is considered to be a historic contributing resource in the Skidmore
Academy Historic District. The home has previously been used as a doctor's office as recently as the
1980's and at one time had multiple units in place, but has returned to single family residential use. The
base density of the property is three multi-family dwelling units.
The approval standards require the property to be located within 200 feet of a boulevard, avenue or
neighbor collector. The subject property fronts directly on North Main Street, which is classified as a
boulevard, and on Wimer Street, a neighborhood collector. The primary residence is required to be 20
years old and the home on the property is over 120 years old. The property is allowed by standards to
have up to five Travelers' Accommodation units based on the size of the subject lot, but only two units
including the owner's unit are proposed here. Each guest unit is required to have a minimum of 400
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square feet and this requirement is satisfied because the home is 1,576 square feet in size and the applicants
have identified 434 square feet and common area that guests will have access to. This includes the 324
square foot unit with a living space, bedroom and its own bathroom, and access to common area and
laundry room totaling 110 square feet. A two-unit Travelers' Accommodation is required to have three
off-street parking spaces including one guest space and two spaces for the owner. As proposed, there are
four spaces at the rear of the property accessed from Wimer Street.
The approval standards require the Travelers' Accommodation to be operated by the business owner and
that the property on which the travelers' accommodation is site must be the primary residence of the I
business owner. The application materials note that the applicants reside in the owner's unit, and a
condition of approval has been included below that evidence of primary residency be provided prior to
operation of the unit.
The Ashland Municipal Code contains additional specific requirements for Travelers' Accommodations,
including:
® The business 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.
The accommodation must meet all applicable building, fire and related safety codes atoll times. Before
operation of the accessory Traveler's Accommodation, the structure must be inspected by the Fire
Department and Jackson County Health Department.
® Signage in conjunction with the operation of a Travelers' Accommodation is limited to one ground or
wall sign, constructed of a non-plastic material, non-interior illuminated, and having a maximum of
six square feet total surface area. 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.
The application complies with all of the applicable provisions of the R-2 zoning district. In considering
the proposal in light of the Site Development and Design Standards in AMC 18.4 and the approval criteria
for a Conditional Use Permit, staff noted that AMC 18.4.2.030.C.1 addresses "Building Orientation to
Street" requiring, "Dwelling units shall have their°primary orientation toward a street. YVhere residential
buildings are located within 20 feet of a street, they shall have a pr°imar y entrance opening toward the
street and connected to the right-of-way via an approved wallhvay. " While the existing historic home has
an established orientation and walkway to the sidewalk, the applicants have recently installed a fence
which blocks this walkway from connecting to the North Main Street right-of-way and does not include a
gate. While such a fence is allowed for a single family residence that is not subject to Site Design Review,
where these standards come into play the walkway connection is required and a condition has been
included below to require that a gate be provided to connect the walkway to the sidewalk, inspected and
approved by the Staff Advisor prior to the operation of the Traveler's Accommodation.
The application includes a request for an Exception to the Site Development and Design Standards to
retain the existing parking configuration which does not include a full five-foot landscape buffer at the
property line. The applicants explain that there is a grade change between the subject property and the
neighbor to the west, and the grade change and fencing in place provide an eight-foot barrier at the property
line. The applicants emphasize that the neighboring home is located further up the inclined property, and
that no light or noise from parking vehicles impacts the neighbor. In addition, they point out that this site
configuration has been in place for decades.
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407 N. Main St./dds
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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
maintained and kept weed free per the landscaping standards. Compared to the target use for the subject
property of three dwelling units, the proposal will not have a greater adverse impact material effect 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 applicants have submitted materials to the Planning Department that demonstrate compliance with
these approval standards, and with the criteria within the Site Design Review and Conditional Use sections
of the Ashland Municipal Code for a two-unit (one guest unit/one owner's unit) Travelers'
Accommodation. The subject property has previously been approved and operated as a two-unit
Travelers' Accommodation (PA #2009-00725) and had landscaping and parking in place to support that
use. The current request would re-establish a two unit Travelers' Accommodation on the property.
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
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.
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407 N. Main St./dds
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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.
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.
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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. F
3. That the conditional use will have no greater adverse material effect on the livability of the impact
area when compared to the development of the subject lot with the target use of the zone, pursuant
with subsection 18.5.4.050.A.5, below. When evaluating the effect of the proposed use on the
impact area, the following factors of livability of the impact area shall be considered in relation to
the target use of the zone.
a. Similarity in scale, bulk, and coverage.
b. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and
mass transit use are considered beneficial regardless of capacity of facilities.
c. Architectural compatibility with the impact area.
d. Air quality, including the generation of dust, odors, or other environmental pollutants.
e. Generation of noise, light, and glare.
f. The development of adjacent properties as envisioned in the Comprehensive Plan.
g. Other factors found to be relevant by the approval authority for review of the proposed use.
4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant
to this ordinance.
5. For the purposes of reviewing conditional use permit applications for conformity with the approval
criteria of this subsection, the target uses of each zone are as follows [a, ,b, d -1, not included as
not applicable].
c. R-2 and R-3. Residential use complying with all ordinance requirements, developed at the
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
A. Underlying Zone: The proposal complies with all of the applicable provisions of the underlying
zone (part 18. 2), including but not limited to: building and yard setbacks, lot area and dimensions,
density and floor area, lot coverage, building height, building orientation, architecture, and other
applicable standards.
8. Overlay Zones: The proposal complies with applicable overlay zone requirements (part 18.3).
C. Site Development and Design Standards: The proposal complies with the applicable Site
Development and Design Standards of part 18.4, except as provided by subsection E, below.
D. City Facilities: The proposal complies with the applicable standards in section 18.4.6 Public
Facilities and that adequate capacity of City facilities for water, sewer, electricity, urban storm
drainage, paved access to and throughout the property and adequate transportation can and will
be provided to the subject property.
E. Exception to the Site Development and Design Standards. The approval authority may
approve exceptions to the Site Development and Design Standards of part 18.4 if the
circumstances in either subsection 1 or 2, below, are found to exist.
1. There is a demonstrable difficulty meeting the specific requirements of the Site
Development and Design Standards due to a unique or unusual aspect of an existing
structure or the proposed use of a site; and approval of the exception will not substantially
negatively impact adjacent properties; and approval of the exception is consistent with the
stated purpose of the Site Development and Design; and the exception requested is the
minimum which would alleviate the difficulty.; or
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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 #PA-T1-2018-00008 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
#2018-00008 is denied. The following are the conditions and they are attached to the approval:
1. That all proposals of the applicant be conditions of approval unless otherwise modified here.
2. That the Travelers' Accommodation shall be operated in conformance with the standards in AMC
sections 18.2.3.220.A and 18.2.3.220.B.
3. That the business owner shall submit verification that 407 North Main Street is his primary
residence prior to obtaining a business license and operation of the Travelers' Accommodation.
4. That the business owner 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
Travelers' Accommodation.
5. That the 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.
6. That an annual inspection of the Travelers' Accommodation by the Jackson County Health
Department shall be conducted if required by the laws of Jackson County or the State of Oregon.
7. That signage shall be limited to that allowed under AMC 18.2.3.220.B.6, and a sign permit shall
be obtained prior to the installation of any signage.
8. That any advertisement for the Travelers' Accommodation include the City of Ashland Planning
Action number assigned to this city land use approval (i.e. #PA-T1-2018-00008).
9. That prior to the operation of the Travelers' Accommodation, a gate shall be installed in the
existing fencing along North Main Street to provide functional pedestrian access from the sidewalk
in keeping with AMC 18.4.2.030. C. 1, inspected and approved by the Staff Advisor.
July 2, 2018
Bill M61nar, DI'Mctor Date
C4ynunity Dqq elopment Department
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AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Jackson )
The undersigned being first duly sworn states that:
1. I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On July 2, 20181 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-T1-2018-00008, 407 N Main St.
Signature of Employee
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C:IUserslsmithda.AFNHBDesktop\AFFIDAVIT OF MAILING_ds.docx 71312018
PA-T1-2018-00008 391 E05DA 2800 PA-T1-2018-00008 391 E05DD 7900 PA-T1-2018-00008 391 E05DA 70001
BAYBERRY ENTERPRISES LLC BUCZEK CELINE F/NUTTER JOHN E CHATROUX NOEL C TRUSTEE ET AL
438 N MAIN ST 355 HIGH ST 400 W HERSEY ST 1
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2018-00008 391E05DA 2500 PA-T1-2018-00008 391E05DD 3500 PA-T1-2018-00008 391E05DA 7700
COLWELL JOHN C TRUSTEE COWAN TRAVIS CRAFFT TRUSTEE MARY JEAN
410 N MAIN ST 349 N MAIN ST 75 WILDWOOD GARDENS
ASHLAND, OR 97520 ASHLAND, OR 97520 FREMONT, CA 94611
PA-T1-2018-00008 391 E05DA 7500 PA-T1-2018-00008 391 E05DA 7300 PA-T1-2018-00008 391 E05DA 7804
DELUCA RONALD L TRUSTEE ET AL EDWARDS OREN RALPH FREDERICKSON SALLY J TRSTEE
228 MORNINGLIGHT DR 219 N MOUNTAIN AVE 1955 INDIAN VALLEY RD
ASHLAND, OR 97520 ASHLAND, OR 97520 NEVATO, CA 94947
PA-T1-2018-00008 391E05DA 7600 PA-T1-2018-00008 391E05DA 7803 PA-T1-2018-00008 391E05DD 9600
GOULD ROGER ET AL GREENEWOOD HOMES LLC GUCHES RICHARD TRUSTEE ET AL
1610 3 43RD AVE P 0 BOX 516 348 N MAIN ST
EUGENE, OR 97405 ASHLAND, OR 97520 ASHLAND, OR 97520
L
PA-T1-2018-00008 391 E05DA 7801 PA-T1-2018-00008 391 E05DD 3400 PA-T1-2018-00008 391 E05DA 7200
JONES DONALD ENIVIAN J KAK LLC KATHERINE M KENNEDY, MEMBER LEMON ADAM P TRUSTEE ET AL
1085 BELLVIEW AVE 451 N MAIN ST
ASHLAND, OR 97520 132 MEDFORDORD OR , OR 9775 504 ASHLAND, OR 97520
PA-T1-2018-00008 391 E05DD 3600 PA-T1-2018-00008 391 E05DA 7800 PA-T1-2018-00008 391 E05DA 2801
LOMBARDI ROBERT J/CORINNE S MASON LANCE E TRUSTEE JR ET AL O'BRIEN DERMOT J/SALLY
ARIANE FRANC 1212 CALLE CERRITO 435 LORI LN
1685 OLD HWY 99 S SANTA BARBARA, CA 93101 ASHLAND, OR 97520
ASHLAND, OR 97520
PA-T1-2018-00008 391E05DD 8000 PA-T1-2018-00008 391E05DA 7400 PA-T1-2018-00008 391E05DD 3800
PETERSEN THOMAS N/KATHLEEN M RAVIN BART/SUZANNA SCHOENLEBER MARK
80 WIMER ST 9073 CENTRAL AVE 358 HIGH ST
ASHLAND, OR 97520 ORANGEVALE, CA 95662 ASHLAND, OR 97520
PA-T1-2018-00008 391E05DD 3700 PA-T1-2018-00008 391E05DD 9700 PA-T1-2018-00008 391E05DD 3900
SCHOENLEBER MARK B TRUSTEE ET AL WALKER MICHAEL B/LISA F YOUNG JEFFREY S/JANIS R
60 WIMER ST 304 VAN NESS AVE 350 HIGH ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
407 N Main St
7-3-2018
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Planning Department, 51 Winburn Way, Ashland, Oregon 97520 - -
541-488-5305 Fax; 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900
NOTICE OF APPLICATION
PLANNING ACTION: PA-T1-2018-00008
SUBJECT PROPERTY: 407 N. Main
OWNER/APPLICANT: Roger Gould /Gilad Gozlan '
DESCRIPTION: A request for Conditional Use Permit and Site Design Review approvals to allow a two-unit
Traveler's Accommodation consisting of one guest unit in addition to the owner's unit for the property located at
407 North Main Street. The application includes a request for an Exception to the Site Development and Design
Standards to retain the existing parldng configuration which does not include a full five-foot buffer at the property
line. COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-2;
ASSESSOR'S MAP: 39 lE 05DA; T LOT: 7600
NOTICE OF COMPLETE APPLICATION: May 24, 2018
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: June 7, 2018
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The Ashland Planning Division Staff has received a complete application for the property noted above.
Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn Way,
Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above.
Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a notice
is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the comment period
and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice
of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staffs decision must
be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18.5.1.050.G)
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an objection concerning this application,
by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the
Land Use Board of Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal
to LUBA on that criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity
to allow this Department to respond to the issue precludes an action for damages in circuit court.
A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be
provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services
Building, 51 Winburn Way, Ashland, Oregon 97520.
If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305.
Wcomm-devlplanning\Planning Actions\Noticing FolderWailed Notices & Signs\20181PA-T1-2018-00008.docx
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 E,-- u . « and Design Standards. The approval authority may approve exceptions to the Site Development and Design
Standards of part 18.4 if the circumstances in either subsection 1 or 2, below, are found to exist.
1. There is a demonstrable difficulty meeting the specific requirements of the Site Development and Design Standards due to a unique or unusual
aspect of an existing structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent
properties; and approval of the exception is consistent with the stated purpose of the Site Development and Design; and the exception requested is
the minimum which would alleviate the difficulty.; or
2. There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better
achieves the stated purpose of the Site Development and Design Standards.
CONDITIONAL USE PERMITS
18.5.4.050.A
A Conditional Use Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through F
the imposition of conditions.
1. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with
relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program.
2, That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the development, and adequate
transportation can and will be provided to the subject property.
3. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject
lot with the target use of the zone, pursuant with subsection 18.5.4.050.A.5, below. When evaluating the effect of the proposed use on the impact area, the
following factors of livability of the impact area shall be considered in relation to the target use of the zone.
a. Similarity in scale, bulk, and coverage,
b. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of
capacity of facilities,
c. Architectural compatibility with the impact area.
d. Air quality, including the generation of dust, odors, or other environmental pollutants,
e. Generation of noise, light, and glare.
f. The development of adjacent properties as envisioned in the Comprehensive Plan,
g. Other factors found to be relevant by the approval authority for review of the proposed use.
4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance.
5. For the purposes of reviewing conditional use permit applications for conformity with the approval criteria of this subsection, the target uses of each zone
are as follows.
a. WR and RR. Residential use complying with all ordinance requirements, developed.at the density permitted by chapter 182.5 Standards for Residential
Zones.
b. R-1, Residential use complying with all ordinance requirements, developed at the density permitted by chapter 1825 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.
GAcomm-do0planningTIanning ActionsVoticing Foldet-Wailed Notices & Signs\2018\PA-TI-2018-00008.docx
i
TRAVELERS' ACCOMMODATIONS
18.2.3.220
Where travelers' accommodations and accessory travelers' accommodations are allowed, they require a Conditional Permit under chapter
18.5.4, are subject to Site Design Review under chapter 18.5.2, and shall meet the following requirements. See definitions of travelers'
accommodation and accessory travelers' accommodation in part 18-6.
A. Travelers' Accommodations and Accessory Travelers' Accommodations. Travelers' accommodations and accessory travelers' accommodations
shall meet all of the following requirements. r'
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. i'
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
G:\comm-dev\planning\Planning Actions\Noticing FolderWailed Notices & Signs\2018\PA-T1-2018-00008.docx
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AFFIDAVIT OF MAILING
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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 May 24, 2018 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-T1-2018-00008, 407 N. Main.
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Signa e of Employee
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PA-T1-2018-00008 391 E05DA 2800 PA-T1-2018-00008 391 E05DD 7900 PA-T1-2018-00008 391 E05DA 70002
BAYBERRY ENTERPRISES LLC BUCZEK CELINE F/NUTTER JOHN CHATROUX NOEL C TRUSTEE ET
438 MAIN ST 355 HIGH ST ! 400 HERSEY ST 1
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2018-00008 391 E05DA 2500 PA-T1-2018-00008 391 E05DD 3500 PA-T1-2018-00008 391 E05DA 7700
COLWELL JOHN C TRUSTEE j COWEN TRAVIS/SUZANNE JAMILA CRAFFT TRUSTEE MARY JEAN
410 N MAIN ST 349 MAIN ST 75 WILDWOOD GARDENS
ASHLAND, OR 97520 ASHLAND, OR 97520 FREMONT, CA 94611
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PA-T1-2018-00008 391 E05DA 7500 PA-T1-2018-00008 391 E05DA 7300 PA-T1-2018-00008 391 E05DA 7804
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228 MORNINGLIGHT DR 219 N MOUNTAIN AVE 1955 INDIAN VALLEY RD
ASHLAND, OR 97520 ASHLAND, OR 97520 NEVATO, CA 94947
PA-T1-2018-00008 391 E05DA 7600 PA-T1-2018-00008 391 E05 DA 7803 PA-T1-2018-00008 391 E05DD 9600
GOULD ROGER ET AL GREENEWOOD HOMES LLC GUCHES RICHARD TRUSTEE ET A
1610 3 43RD AVE P 0 BOX 516 348 MAIN ST
EUGENE, OR 97405 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2018-00008 391 E05DA 7801 PA-T1-2018-00008 391 E05DD 3400 PA-T1-2018-00008 391 E05DA 7200
JONES DONALD E/VIVIAN J KAK LLC LEMON ADAM P TRUSTEE ET AL
1085 BELLVIEW AVE 132 GREENWAY CIR 451 MAIN ST
ASHLAND, OR 97520 MEDFORD, OR 97504 ASHLAND, OR 97520
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1685 S OLD HWY 99 1212 CALLE CERRITO 435 LORI LN
ASHLAND, OR 97520 SANTA BARBARA, CA 93101 ASHLAND, OR 97520
PA-T1-2018-00008 391 E05DD 8000 PA-T1-2018-00008 391 E05DA 7400 PA-T1-2018-00008 391 E05DD 3800
PETERSEN THOMAS N/KATHLEEN RAVIN BART/SUZANNA SCHOENLEBER MARK
80 WIMER ST 9073 CENTRAL AVE 358 HIGH ST
ASHLAND, OR 97520 ORANGEVALE, CA 95662 ASHLAND, OR 97520
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ZONING PERMIT APPLICATION
Planning Division
51 Winbun Way, Ashland OR 97520
CITY Of FILE
SH 541-488-5305 Fax 541488-6006
,ALAND
DESCRIPTION OF PROJECT
DESCRIPTION OF PR_40D OPERTY1 Pursuing LEEDO Certification? 0 YES ArNO
Street Address K) t l1 ~~Gt✓~n~
Assessor's Map No. 39 1 E o's / Tax Lot(s) --)(O U d
Zoning _ Ed, Comp Plan Designation
APPLICANT pp
Name I UGC Gt /1 Phone S 1 ° ?a6 -Mail 63,
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PROPERTY OWNER
Name Go) 611 Phone S~jjf -),)_S-7)3S E-Mail c ~~2 G / y
Address 6+01 j Ah City
SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER C ~r c U ail Name (Yrct5A~,✓ fU Phone J I " UvZ`~ I Mail 6 t /A S , /1 ~
Address City Yf ~/~1 Zip 0
Title Name Phone E-Mail
Address City Zip
I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects,
true and correct. 1 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. 1 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 equest being set aside, but also possibly in my structures being built in reliance thereon being required to
be remo tyvexpeas~l ve is, I-am advised_to seek competent professional advice a d as istan
icant's Signalture Date I/ Y
As owner ofthe property involved in this request, l have read and understood the complete application and its consequences to me as a property
owner.
Pr wne ' ature (required) Date
completed by City Staff]
Date Received _ Zoning Permit Type Filing Fee $
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G:\comm-dev\planningTonns & Handouis\Zoning Pemut Application.doc
Narrative for Gozlan Travelers' Accommodation Application
Thank you for consideration of our application for a travelers' accommodation permit.
Our family moved to Ashland from Eugene, Oregon and purchased 407 Na Main Street in
October, 2017. We reside in the main part of the house. We are a family of three, soon to be
four in July, 2018: two parents, two children. Our desire is to obtain a travelers'
accommodation permit for a separate unit attached to the main residence. We have spent the
past six months making cosmetic improvements to the unit, common spaces, and landscaping
to prepare for this application.
Histo of the property
The house located at 407 N. Main Street. The cross street is Weimer street. It is located
in one of Ashland's historic districts. The house was originally built in 1897. The property was
originally a residence, but in the 1980s was used as a doctors' office. In recent decades, the
house has served as a bed and breakfast called "Summer's Nights Cottage." Prior to our
purchase of the home, the residence and separate unit were vacant for approximately one
year, This property has been previously approved for travelers' accommodation status. The
basic site plan of the property has not really changed. Improvements we have made have been
cosmetic. We have attached photographs to this application.
Property details
The pertinent details are as follows:
Acres:.20
Square Footage: Total property: 9,000; Main Residence: 1576; Separate unit plus
common area: 434
Stories: One
Dwelling Unit: The dwelling unit for the proposed travelers' accommodation is 324
square feet. It contains a main living space, one bedroom, one bathroom. There is a common
area and laundry room next to the dwelling unit that is 110 square feet.
Lot Information: (a) Structures cover 21% of the lot, (b) No streets or roads cover the
property, (c) Parking Areas and Driveways cover 35% of the lot, (d) Recreation Areas cover 40%
of the lot, (e) Landscaping is throughout the property, but the landscaping surrounding the
fenced yard is approximately S% of the lot, (f) There are four parking spaces, (g) total
landscaped area is 4000 square feet, (h) common outside seating area for the proposed
travelers accommodation dwelling is approximately 300 square feet.
Additional information
Fire Hydrant: The closest fire hydrant is located on Weimer and Main Street on the
south side corner of intersection, approximately 70 feet from the residence front door and 100
feet from the traveler's accommodation unit. See map for exact location.
Landscaping: The yard and landscaping are equipped with Rain Bird S-zone irrigation
system fully functional and operating. All trees on the property were recently maintained by
Canopy Arbor Care, LLC on January 23, 2018. The landscaping is maintained weekly by a
gardener.
Impact to the Neighborhood: The proposed travelers' accommodation unit will have
minimal to no impact on the neighborhood. Since the property is located on Main Street, there
will be no impact to current traffic density, The property has enough onsite parking spaces that
it will not impact street parking congestion. The separate unit will not emit any additional noise
or light than that which would come from the residence. There are a considerable number of
bed and breakfasts, hotels, and other travelers' accommodations to the north and south of the
property. Further this property has for years served as abed and breakfast with three units.
We are only proposing one.
Parking The parking spaces abut our neighbor to the west. The parking spaces are not
set back five feet, however, an exception is appropriate due to the following circumstances. (1)
The neighbor's property to the west is on an incline and there is an 8 foot fence and ground
barrier between the two properties, (2) the neighbor's residence is located even further up the
inclined property, (3) no light or noise pollution from parking cars impacts the neighbor's
property, and (4) we are not changing the current parking lot structure which has been the
same for decades with no problem.
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City of Ashland -
Community Development Department PI I WIUf
\ 51 Winburn Way PA-T1-2018-00008
Ashland, OR 97520
I Telephone: 541-488-5305 PPtyDate:5/4/2018
Inspection Line: 541-552-2080
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Plan Type: Type I Planning Action
Work Class: Type I Planning Action
M IIs 1 ax Lot _ Property Address t
391 E05DA7600 407 N Main St 1
Owner Information Applicant Information
Owner: Applicant: Roger/Gilad Gould/Gozlan
Owner Applicant 1610 43Rd Ave 3
Address: Address: EUGENE, OR 97405
Phone: Phone: -
Project Description
Fees
Fee Description: Amount:
Conditional Use Permit (Type 1) $1,046.00
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Applicant: Date:
Total Fees: $1,046.00