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HomeMy WebLinkAboutB_296_PA-T1-2018-00027 f CITY OF LAN October 5, 2018 Notice of Final Decision On October 5, 2018, the Community Development Director approved the request for the following: Planning Action: PA-T1-2018-00027 Subject Property: 296 B Street Applicant: Daniel C. Berkowitz Description: A request for a Conditional Use Permit to operate an Accessory Traveler's Accommodation in the previously approved 498 square-foot Accessory Residential Unit (PA- 2017-00241) at the rear of the property behind the residence at 292 B Street. COMPREHENSIVE PLAN DESIGNATION: Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP: 39 lE 09 BA; TAX LOT: 6000. The Comn-iunity Development Director's decision becomes final and is effective on the 12`I' 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 Fotini Kaufman in the Community Development Department at (541) 488-5305, cc: Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541.488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.orms k T 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. a€td not the failure of all 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 planting action. q. 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 18.5.1.050.13. 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.S. 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. Thee for Filing. A notice of appeal shall be filed with the Staff Advisor within 1.2 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. Ali 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 oil 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 11 public hearing procedures, I pursuant to section 18.5.1.060, subsections A - I, except that the decision of the Planting Commission is the filial 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 Winhurn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 ~~tivu.ashland.or.t€s 1 ASHLAND PLANNING DEPARTMENT FINDINGS & ORDERS PLANNING ACTION: PA-T1-2018-00027 SUBJECT PROPERTY: 296 B Street APPLICANT/OWNER: Daniel C Berkowitz DESCRIPTION: A request for a Conditional Use Permit to operate an Accessory Traveler's Accommodation in the previously approved 498 square-foot Accessory Residential Unit (PA-2017- 00241) at the rear of the property behind the residence at 292 B Street. COMPREHENSIVE PLAN DESIGNATION: Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP: 39 lE 09 BA; TAX LOT: 6000. SUBMITTAL DATE: September 7, 2018 DEEMED COMPLETE DATE: September 12, 2018 STAFF APPROVAL DATE: October 5, 2018 DEADLINE TO APPEAL (4:30 p.m.): October 18, 2018 FINAL DECISION DATE: October 19, 2018 APPROVAL EXPIRATION DATE: April 19, 2020 DECISION Subject Pmperty The subject property is located on the southwest side of the corner of Second and B St. The surrounding neighborhood is comprised of single-family homes; multi-family developments, and commercial properties. The subject property is zoned Low-Density, Multi-Family Residential (R-2). The zoning to the north of the subject property is Employment (E-1) and R-2. The property to the west and south is R-2, Commercial (C-1) and Conunercial-Downtown (C-I-D). The property to the cast is R-2 and E-1. The subject property is 0.15 acres. The lot is a corner lot with frontage on both North Second and B Street. The site is occupied by a 2,292 square-foot single family residence and 502 square-foot Accessory Residential Unit. The Accessory Residential Unit is proposed to be converted into an Accessory Traveler's Accommodation. The Accessory Residential Unit was approved with Planning Action 2017-00241. It was not one of the two required rental touts included in Planning Action 2016-01027 for the adjacent two lots, 266 and 278 B Street. The exterior of the residence and ADU are not proposed to be changed. The request is to convert the Accessory Residential Unit into an Accessory Traveler's Accommodation (ATA). A Conditional Use Permit is requested to operate the Accessory Traveler's Accommodation on- site. Conditional Use Pei-mit The application is required to meet the special use standards for an Accessory Travelers' Acconunodation in AMC 18.2.3.220 and the approval criteria for a Conditional Use Permit in AMC 18.5.4.050. An Accessory Travelers' Accommodation is an allowed use in the R-2 zone if it meets the Special Use Standards. That criteria requires that the operator of the accessory traveler's accommodation must be the property owner and the property must be the operator's primary residence. This is met; the applicant is the property owner and resides primarily at 29213 Street, the single-family residence on the property. The PA-TI-2018-00027 296 B St/fk Page 1 J 1 property on which. the Travelers' Accommodation is sited is limited to one Accessory Traveler's Accommodation unit, covered under a single reservation and consisting of-two or fewer bedrooms. The applicant is aware of this requirement and intends to utilize the converted ADU as one reservation, The ADU is a 500-square-foot studio apartment and the space complies with the requirement that it consist of two or fewer bedrooms. The property must have two off-street parking spaces, and it has a two car garage and an extra parking space adjacent to the garage. The applicant has indicated guests will be limited to one vehicle. Signs are not permitted in conjunction with the operation of an accessory travelers' accommodation, and the applicant has indicated no signs will be used. Meals are not allowed to be provided and kitchen cooking facilities are not permitted; kitchen cooking facilities are currently installed and the applicant has indicated in the application those will be removed prior to operation of the ATA. A condition has been added to ensure those kitchen cooking facilities are removed. The applicant has indicated that they meet the criteria for a Conditional Use Permit. The proposed use is in conformance with the zoning district. The targeted use of an equivalent property in she R-2 zone would be the equivalent of tAvo- dwelling units. The proposed use is unlikely to generate more traffic than two full time residences. The proposed Accessory Traveler's Acconui-todation and residential uses are similar in number of vehicle trips. The site's location is -near both downtown and the Railroad District; with shopping and retail nearby, and allows for pedestrian and bicycling to nearby amenities. The Accessory Traveler's Accommodation will not affect the development of adjacent properties. The application complies with all of the applicable provisions of the R-2 zoning district, the Special Use Standards AMC 18.2.3.220 and the Conditional Use Pei7nit approval criteria A14C 18.5.4.050. The property is currently served by adequate City facilities for water, sewer, storm drainage and-electricity. In staff's assessment, the proposal will not have a greater adverse material impact 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 than the prior use of the property, or the target. use allowable within the zone.- The applicants have submitted materials to- the Planning Department that demonstrate- compliance with these approval standards. The approval criteria for a Travelers' Accommodation are detailed in AMC 18.2.3.220 as follows: Where travelers' accommodations and accessory travelers' accommodations are allowed, they require a Conditional Permit under chapter 18.5.4, are subject to Site Design Review under chapter 185-2, and shall meet the following requirements. See definitions-of travelers' accommodation-arid 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,-faire, 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 95.28. 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. PA-TI-2018-00027 296 B St/tk Page 2 1 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. C. Accessory Travelers' Accommodations. In addition to the standards in section 18.2.3.220.A, accessory travelers' accommodation shall meet all of the following requirements. 1. The operator of the accessory traveler's 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 -witl-r the accessory travelers' accommodation must not exceed one. 5. Signs are not permitted in conjunction with the operation of an accessory travelers' accommodation. A Conditional Use Permit shall be-granted if the approval authority finds that the application meets all of the f-ollosving criteria, oi- 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 targe-f use of the zone, pursuant with subsection 18.5.4.050.A.5, below. When evaluating-the effect ofthe 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 ofnoise, 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 PA-T1-2018-00027 296 B St/fk Page 3 1 j 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 listedin 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 183.2 Croman Mill District, developed at an intensity of 0.50 gross floor to area ratio, complying with all ordinance requirements. i. CM-01= and CM-MU. The general office uses listed in chapter 183.2 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. In staff's assessment, the application with the attached conditions complies with applicable ordinances and meets all required criteria. Plai-ming Action -4TI-2018-00027 is app- .roved 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 #TI- 2018-00027 is denied. The following are the conditions and they are attached to the approval: 1) That the Accessory Travelers' Accontnrodation shall meet all applicable building, fire, and related safety codes at all times, and shall be inspected by the Fire Department before conunencing operations and periodically thereafter pursuant to AMC 15.28. 2)- That the applicants shall obtain and maintain a city business license and-register for and pay all transient occupancy tax as required in AMC 4.24 and AMC 6.04 prior to the operation of the Accessory Travelers' Accommodation. 3) That the subject property-shall remain the primary residence of the applicants as business-owners, and evidence of primary residence (i.e. valid-Oregoxl D.-ivers Licenses or Identification Card reflecting this address) shall be provided for-the-review of the Staff Advisor prior to the issuance of a business license as required in AMC section 18.2.3.220.A. 4) That proof of the removal of the kitchen cooking facilities (i.e. pictures, site visit with Planner) shall be provided for the review of the Staff Advisorprior to the issuance of a business license as required in AMC section 18.2.3.220.C. 5) That any advertisement for the Travelers' Accommodation unit must include the City of Ashland PA-TI-2018-00027 296 B SL/Ik Page 4 1 ) II Planning Action number assigned to this city land use approval. dill Molnar, C a 1iuunity Development Director Date PA-T1-2018-00027 296 B st/f c Page 5 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 1015118 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 #T1-2018-00027, 296 B Street. Signature of Employee DocumenS HV512M I PA-T1-2018-00027 391 E09BA 9000 PA-T1-2018-00027 391 E09BA 9200 PA-T1-2018-00027 391 E09BA 5100 ALLEN DAVID SIDAWN A ASHLAND VILLAGE COTTAGES INC BEECHAM NORMA M ET AL 120 N 2ND ST PO BOX 3064 269 B ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2018-00027 391 E09BA 6000 PA-T1-2018-00027 391 E09BA 5900 PA-T1-2018-00027 391 E09BA 9600 BELLAGIO ROAD REVOCABLE TRUST BLAIR LAUREN E ET AL BROWN WILLARD L TRUSTEE ET AL 292 B ST 276 B ST 630 LEONARD ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2018-00027 391 E09 BA 5300 PA-T1-2018-00027 391 E09BA 5200 PA-T1-2018-00027 391 E09BA 9800 CHESTER GENE R COOPER LAURENCE ET AL CORNITIUS LLC 249 B ST 259 B ST 1355 CORA LN ASHLAND, OR 97520 ASHLAND, OR 97520 AUBURN, CA 95603 PA-T1-2018-00027 391E09BA 9400 PA-T1-2018-00027 391E09BA 6100 PA-T1-2018-00027 391E09BA 9300 FINNEY ERIC/ERIN FIRST CHRISTIAN CH/ASHLAND FIRST CHRISTIAN CHURCH EINSTAD 159 N SECOND ST 318 B ST BARBARA (TREAS) ASHLAND, OR 97520 ASHLAND, OR 97520 207 VISTA ST ASHLAND, OR 97520 PA-T1-2018-00027 391 E098A 9100 PA-T1-2018-00027 391 E09BA 5600 PA-T1-2018-00027 391 E098A 6200 FOUNTAIN STACY ET AL HAJJE HANI H TRUSTEE ET AL HARRELL BRUCE CIO AMIE KRICHMAN 136 N 2ND ST 228 B ST 338 B ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2018-00027 391E09BA 9500 PA-T1-2018-00027 391E09BA 4800 PA-T1-2018-00027 391E09BA 4600 JORDAN CLAUDINE W LAVON C WARNER LIVING TRUST ET AL LIMB JOHN 0 TRUSTEE ET AL 153 N SECOND ST 21145 CARDINAL POND TER 403 343 B ST ASHLAND, OR 97520 ASHBURN, VA 20147 ASHLAND, OR 97520 PA-T1-2018-00027 391E09BA 5800 PA-T1-2018-00027 391 E098A 4700 PA-T1-2018-00027 391 E09BA 4900 LOCKLIN KIMBERLYNNIAGAKHANOV PEYTON CANDICE EIROBERT L RUSSELL SCOTT M VADIM 1068 OLD HIGHWAY 99 S 327 W 10TH AVE 131 MEADE ST ASHLAND, OR 97520 EUGENE, OR 97401 ASHLAND, OR 97520 PA-T1-2018-00027 391 E09BA 5400 PA-T1-2018-00027 391 E09BA 9700 PA-T1-2018-00027 391 E09BA 5000 SCHNITZER LEE ELLIOT AND PAMELA SCHULTZ & ASSOCIATES INC SHAFFER BONNIE L TRSTEE FBO JE ET AL PO BOX 863 1971 DEAD INDIAN MEMORIAL RD 2560 N VALLEY VIEW RD ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2018-00027 391 E09BA 9900 PA-T1-2018-00027 391 E09BA 5700 PA-T1-2018-00027 391 E09BA 6300 UNITED STATES POSTAL SERV VAN HEUIT KATHLEEN R WHITALL RICHARD L TRUSTEE ET AL 8055 E TUFTS AVE 400 357 TAYLOR ST 75 INTERNATIONAL BLVD DENVER, CO 80237 ASHLAND, OR 97520 SONOMA, CA 95476 PA-T1-2018-00027 296 B St DANIEL BERKOWITZ NOD 1015118 292 B ST 28 ASHLAND;OR 97520 _ k . { 140 iA 1 { - e 1405 I I 1 1 i i 2 ,06 ' I 14 601 {4 Z. ,i 13401 i i' E 111 } it 1two e t' - 1 ,~p All lit It, ,r,' E ~ •~~J1,iL ^',~•'°1469 1! . 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RfV 1; u 110'1 1 ate, ) CITY OF Planning Department, 51 Winburn Way, Ashland, Oregon 97520 3 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 -ASH LAN D" NOTICE OF APPLICATION PLANNING ACTION: PA-T1-2018-00027 SUBJECT PROPERTY: 296 B Street OWNEIVAPPLICANT: Daniel C. Berkowitz DESCRIPTION: A request for a Conditional Use Permit to operate an Accessory Traveler's Accommodation in the previously approved 498 square-foot Accessory Residential Unit (PA-2017-00241) at the rear of the property behind the residence at 292 B Street. COMPREHENSIVE PLAN DESIGNATION: Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP: 39 lE 09 BA; TAX LOT: 6000 NOTICE OF COMPLETE APPLICATION: September 12, 2018 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: September 26, 2018 / 8 - r 5j X48 1 64 184 ` r fig 25 f { f f5~ H~_,8 ; t _ y 1M ,1 r' / _ E I 228 -331+ r f r_0 S2 33,'f f f.,~ - ~ ! 37511 f f' 76i 25 ; _8511 , 92' f- _ 18 338 1 I7' --8 350 ti l(~ ass h7~ 1~o. SUBJECT PROPERTY r X386 4} 296 B STREET PLANNING ACTION #Ti 2018-00027 370 X89;114 139 0 1'44 e r ` r F 125'/ 1,48 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 18.5A.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. l If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305. Wcomm-dev)planningTlanning ActionsV\'aticing FoWN%faikd Notices& Signs1201"A-TI-20€8-00027.doc. CONDITIONAL USE PERMITS 18.5.4.050.A A Conditional Use Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. 1. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program, 2. That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the development, and adequate transportation can and will be provided to the subject property. 3. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone, pursuant with subsection 18.5.4.050,A,5, below. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone. a. Similarity in scale, bulk, and coverage. b. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. c. Architectural compatibility with the impact area. d. Air quality, including the generation of dust, odors, or other environmental pollutants. e. Generation of noise, light, and glare. f. The development of adjacent properties as envlsioned in the Comprehensive Plan, g. Other factors found to be relevant by the approval authority for review of the proposed use. 4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance. 5. For the purposes of reviewing conditional use permit applications for conformity with the approval criteria of this subsection, the target uses of each zone are as follows. a. WR and RR. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 1825 Standards for Residential Zones. b. R-1. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 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 Zone& d. C-1. The general retail commercial uses listed in chapter 1822 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 1822 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. 1. 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. 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. G:lcouvn-dev~pianning\Planning ActionAwticing FolderWailed notices A' Signs120181PA-T1-2018-00027,docK S f j. 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 September 12, 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-T1-2018-00027, 296 B Street. 4Signt of Employee C.lUsersltrappe,UesttoplTemp!atesVFFIOAVIT OF NW LIhG_Regan.do" 911212018 a ~ - 1ti - r-r%f h ~•Ei t ia.~,. r i P~.z '.S7-,~'bis~r • l€ sl, PA-T1-2018-00027 391 E09BA 9000 PA-T1-2018-00027 391 E09BA 9200 rA-T1-201800027 391 E09BA 5100 ALLEN DAVID SIDAWN A ASHLAND VILLAGE COTTAGES INC BEECHAM NORMA M ET AL 120 SECOND ST P 0 BOX 3064 269 B ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2018-00027 391 E09 BA 6000 PA-T1-2018-00027 391 E09 BA 5900 PA-T1-2018-00027 391 E09 BA 9600 BELLAGIO ROAD REVOCABLE TRUST BLAIR LAUREN E ET AL BROWN WILLARD L TRUSTEE ET AL 292 B 276 B ST 630 LEONARD ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 j j ~ I PA-T1-2018-00027 391E09BA 5300 PA-T1-2018-00027 391E09BA 5200 PA-T1-2018-00027 391E09BA 9800 CHESTER GENE R COOPER LAURENCE ET AL CORNITIUS LLC 249 B ST 259 B ST 1355 CORA LN ASHLAND, OR 97520 ASHLAND, OR 97520 AUBURN, CA 95603 PA-T1-2018-00027 PA-T1-2018-00027 391 E09BA 9400 PA-T1-2018-00027 391 E09 BA 6100 DANIEL C. BERKOWITZ & NEWTON I FINNEY ERICIERIN FIRST CHRISTIAN CHIASHLAND BUTLER 159 N SECOND ST 318 B 292 B STREET i ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2018-00.027 391 E09BA 9300 PA-T1-2018-00027 391 E09 BA 9100 PA-T1-2018-00027 391 E09BA 5600 FIRST CHRISTIAN CHURCH FOUNTAIN STACY ET AL HAJJE HANI H TRUSTEE ET AL 207 VISTA ST 136 N 2ND ST 228 B ST ASHLAND, OR 97520 ASHLAND, OR 97528 ASHLAND, OR 97520 PA-T1-2018-00027 391 E09BA 6200 PA-T1-2018-00027 391 E09BA 9500 PA-T1-2018-00027 391 E09BA 4800 HARRELL BRUCE JORDAN CLAUDINE W LAVON C WARNER LIVING TRUST ET AL 338 B ST 153 N SECOND ST 21145 CARDINAL POND TERR 403 ASHLAND, OR 97520 ASHLAND, OR 97520 ASHBURN, VA 20147 PA-T1-2018-00027 391 E09 BA 4600 PA-T1-2018-00027 391 E09BA 5800 PA-T1-2018-00027 391 E09BA 4700 LIMB JOHN 0 TRUSTEE ET AL LOCKLIN KIMBERLYNN/AGAKHANOV PEYTON CANDICE E/ROBERT L 343 B ST VADIM 1068 OLD HWY 99 ASHLAND, OR 97520 131 MEADE ST ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2018-00027 391 E09 BA 4900 PA-T1-2018-00027 391 E09BA 5400 PA-T1-2018-00027 391 E09BA 9700 RUSSELL SCOTT M SCHNITZER LEE ELLIOT AND PAMELA SCHULTZ & ASSOCIATES INC 327 W 10TH ST 2560 N VALLEY VIEW RD PO BOX 863 EUGENE, OR 97401 ASHLAND, OR 97520 ASHLAND, OR 97520 I PA-T1-2018-00027 391 E09BA 5000 ! PA-T1-2018-00027 391 E09BA 9900 PA-T1-2018-00027 391 E09 BA 5700 SHAFFER BONNIE L TRSTEE FBO I UNITED STATES POSTAL SERV VAN HEUIT KATHLEEN R 1971 DEAD INDIAN MEMORIAL RD $055 E TUFTS AVE 400 357 TAYLOR ST j ASHLAND, OR 97520 j DENVER, CO 80237 ASHLAND, OR 97520 PA-T1-2018-00027 391E09BA 6300 ; 296 B STREET WHITALL RICHARD L TRUSTEE ET AL NOC 9/1212018 75 INTERNATIONAL BLVD 28 SONOMA, CA 95476 { I I ,y c - 4 ik um kQi ! I I bA ! f ! e e 4bA i I E ! ' 6F~ I i a' E i I 1 # I I I I { . , ar!u. _ I I I a. 1 ZONING PERMIT APPLICATION Planning Division CITY o 51 Winburn Way, Ashland OR 97520IL~ -.SHLAN © 541-488-5305 Fax 541-488-6006 DESCRIPTION OF PROJECT G Cf, S ti `1 /l /1 i l 1L C C. r~ 0, O~ N _T) 0 DESCRIPTION OF PROPERTY Pursuing LEED® Certification? ❑ YES ❑ NO Street Address 2- 1- e Assessor's Map No. 391 E °I Tax Lot(s) 0 Zoning Comp Plan Designation APPLICA T } p ( - LEI" t Name ~1 i tno ~ z? Phon(q, 0 40 E-Pail k6tc~~ Address / 'r City zip 1 ~ PROPERTY OWNER Name ,:'L C~ Phone E-Mail Address City Zip - SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER Title Name Phone E-Mail Address City Zip Title Name Phone E-Mail Address City Zip I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in alt 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 1 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 ra oved at my expense. 1f h any doubts, I am advised to seek competent professional advi an assistance., 1 I Applicant's 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 owner. Property OiAiner's Signature (required) Date rfob.M-AplatedbyCi, 5j Date Received 0. Zoning Permit Type J-F' iM Re,, OVER 1>D - G:4o=a%planning)Fors & Handouts%Zoning Pa-vl Applicaaon_doc City 0, f Ashy f I Daniel C. Berkowitz and Newton Butler 292 B Street Ashland, OR. 97524 Conditional Use Permit Application One Unit Accessory Travelers' Accommodation September 6, 2018 Project Information Planning Action: The applicant, Daniel C. Berkowitz, is applying for a Conditional Use Permit (CUP) for an Accessory Travelers' Accommodation for my Accessory Residential Unit (ARU) located at 296 B Street, Ashland, Oregon. No external modification will be made. The one-bedroom unit was built in 2017 and is a stand-alone apartment over a two-car garage with a large parking pad in front of the garage that easily accommodates three additional cars. I reside in the main home located at 292 B Street, a home that was recently honored by the city of Ashland and the Mayor as "best infill project." Owners: Daniel C. Berkowitz and Newton Butler 292 B Street Ashland, OR. 97520 Applicant(s)- Same as above. Zoning Designation: Applicable Ordinances: 1 C o A. } 18.2.3.220. Travelers' Accommodations A -Travelers' Accommodation Requirements: Al: All applicable building, fire and related safety codes will be adhered to and will be inspected by the fire department before occupancy. A2: The owner will maintain a city business license upon approval of the land use action before initial occupation. A3: All advertising will include the city planning action land use approval number. A4: The application acknowledges it is prohibited to offer the accommodation without a CUP, current business license and transient occupancy.tax registration. B. Travelers' Accommodations: Not Applicable. C - Accessory Travelers' Accommodation Requirements. In addition to standards in section 18.2.3.220.A, accessory travelers' accommodation shall meet all of the following requirements: Cl: Daniel C. Berkowitz and Newton Butler are the property owners and the home is Daniel C. Berkowitz's primary residence. Daniel will be present during operation of the accessory travelers' accommodation. C2: We seek one accessory travelers' accommodation. It will be managed under a single reservation. There is one bedroom in the unit. Meals will not be provided and there will be no kitchen cooking facilities provided in the unit. C3: Guests will be limited to two people. C4: The property has five off-street parking spaces. Guests will be limited to one vehicle. C5: No sign will be used in conjunction with the operation of the unit. 18.5.4 Conditional Use Permits (General) 18.104.50 Approval Criteria U , fr. A -Approval Criteria: City Of &s Al: Zone: R-2 (low density multi-family residential). The main house on the property is a large home. The proposed accessory travelers' accommodation does not impact the main home at all. It is a separate building. The only change that running an accessory travelers' r d accommodation will mean is that the renters would be short-term (with no cooking facilities), rather than long-term. The location of the site, two blocks from downtown, within walking distance of shops, restaurants and the Oregon Shakespeare Festival theaters, makes it a natural for the use we are proposing. Landscaping requirements: No decrease in the percent of landscaped area is intended. The Existing landscaping: No major investment is expected. Trees: The existing trees are all to remain. Parking, Access in Internal Circulation: There is a two-car garage and additional existing on-site parking area which is three cars in width. There will be no internal auto circulation on the site. Setbacks: There are no changes to existing setbacks. Height; There are no changes to the existing structures. Lot Coverage: This area will remain unchanged. 2: "Adequate capacity for water, sewer, electricity, urban storm drainage, etc." The need for utilities due to this proposed CUP is not increased. Accessory unit already has separate water and electricity meters. 3. Livability of the impact area: 3a: "Similarity in scale, build and coverage." -The proposed CUP does not change the current scale or coverage of the lot. 3b: "Generation of traffic." - The marketing of the unit will emphasize a 'walking distance to town' experience. With an easy walk to shops, shows and restaurants. 3c: "Architectural compatibility." The proposed CUP does not change any of the architectural features of the existing building. 3d: "Air quality." -No additional impact to air quality. 3e: "Generation of noise, light and glare." - No additional impact to noise, light, glare. 3f: "Development of adjacent properties." - No impact to development of additional properties. ' ~i4`ia { I 3g: "Other relevant factors." -The unit at 296 B Street meets all the requirements and will support Ashland's image as a friendly, charming tourist destination without putting additional strain on infrastructure or inconvenience the neighborhood. F Y-' RMSIOUP, BY .gab ro. 6:~~snay em= jY$rfN$tvR8 I°, 6r:kX/STNS IVOaID F!/d~ . ' . , f , _ . . l6! r!/~Y'A%R -:.r..:.s . 6xd5r7M4 cur.B, V6- -e : ^N4^ ^ I- --~-ayr-=` ' 1 ..---ikAE'Sk1yFR Sate- d?4"" '•.^-,{ELEF~ • WAS'•..... - AtliSfA F--! -t -f r.~,_ ~ ABnY AV, 1"flz peiE y I E,Y~' //'I- a r k_ fly'•t,"• .eiN elr9' -t .I 1:. - i)UE I Fr FANfJJF I ~ ~ ~ I I 1. ' I➢SB N WWH I 1 . ..R .R 8X/6 I ' _ rAS~rYf lPr 6r Rd' 4;'y12Kfeq-'af~' hEWI::. t I l fl r' 45/1 XLL€ fAe t! STB~Dro~: ` uas _ ~ { APtr:. 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P~,4/~'.., . q98 s a oar ya J~b tlF Stm4 City of Ashland -T Community Development Department PERMIT l~tUlUlBER r - m a `IL 51 Winburn Way PA-T1-2018-00027 Ashland, OR 97520 Telephone: 541-488-5305 PPty Hate: 917!2016 } Inspection tine: 541-552-2080 Plan Type: Type I Planning Action Work Class: Type I Planning Action Ma & Tax Lot Property Address 391E09BA6000 296 B St Owner Information Applicant hiforrnation Owner: Applicant: Daniel Berkowitz Owner Applicant 296 B St Address: Address: Ashland, OR 97520 Phone: Phone: Project Description CUP for ATA Fees Fee Description: Amount: Conditional Use Permit (Type l) $1,071.00 Applicant: f e C/l Data: ITotal Fees: $1,071.00