HomeMy WebLinkAboutEMain_1023_PA-T1-2019-00070
CITY OF
ASHLAND
August 16, 2019
Notice of Final Decision
On August 14, 2019, the Community Development Director approved the request for the
following:
Planning Action: PA-Tl -2019-00070
Subject Property: 1023 E. Main Street
Applicant/Owner Hogan Family Rev Trust / rohnathan Hogan
Description: A request for a Conditional Use Permit to allow the short-term rental of the lower
floor of an existing historic duplex, at the property located at 1023 E. Main St. The upper floor of
the residence will be retained for the Owner's accommodations. COMPREHENSIVE PLAN
DESIGNATION: High Density Residential; ZONING: R-3; ASSESSOR'S MAP: 39 1E 09AD;
TAX LOT: 1800
The Community Development Director's decision becomes final and is effective on the 12"' 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 arc 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 Aaron Anderson in the
Community Development Department at (541) 488-5305.
cc: Parties of record and property owners within 200 ft
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-486-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900 ,
www.ash1and.or.us
SECTION 18.5.1.050 Type I Procedure (Administrative Decision with Notice)
E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to
subsection 18.5.1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision.
F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below.
1. Any party entitled to notice of the planning action, or any City department may request reconsideration of the action
after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no
fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision.
Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence
during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity
to respond to the issue prior to making a decision.
2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall
decide within three days whether to reconsider the matter.
3. If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the
decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse
the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any
party entitled to notice of the planning action.
4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the
reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration.
G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following:
I . 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 Piling Procedure.
a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1,050.G.1, above, may
appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of this
subsection. The fee required in this section shall not apply to appeals made by neighborhood or community
organizations recognized by the City and whose boundaries include the site. If an appellant prevails at the hearing
or upon subsequent appeal, the fee for the initial hearing shall be refunded.
b. Time for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of
decision is mailed.
c. Content ofNotice ofAppeal. The notice of appeal shall be accompanied by the required filing fee and shall contain.
i. An identification of the decision being appealed, including the date of the decision.
ii. A statement demonstrating the person filing the notice of appeal has standing to appeal.
iii. A statement explaining the specific issues being raised on appeal.
iv. A statement demonstrating that the appeal issues were raised during the public comment period.
d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a
jurisdictional defect and will not be heard or considered.
3. Scope of Appeal, Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before the
Planning Commission. The appeal shall not be limited to the application materials, evidence and other documentation,
and specific issues raised in the review leading up to the Type I decision, but may include other relevant evidence and
arguments. The Commission may allow additional evidence, testimony, or argument concerning any relevant
ordinance provision.
4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type II public hearing procedures,
pursuant to section 18.5.1.060, subsections A - E, except that the decision of the Planning Commission is the final
decision of the City on an appeal of a Type T 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 Wlnbum Way Fax: 541.552-2050
Ashland, Oregon 97520 TTY: 800-735-2900 1L
11
www.ashland.or.us
ASHLAND PLANNING DEPARTMENT
FINDINGS & ORDERS
PLANNING ACTION: PA-T1-2019-00070
SUBJECT PROPERTY: 1023 E. Main St.
OWNERS/APPLICANTS: Hogan Family Rev Trust / Johnathan Hogan
DESCRIPTION: A request for a Conditional Use Permit to allow the short-term rental of the
lower floor of an existing historic duplex at the property located at 1023 E. Main St. The upper floor of
the residence will be retained for the Owner's accommodations.
COMPREHENSIVE PLAN DESIGNATION: High Density Residential; ZONING: R-3;
ASSESSOR'S MAP: 39 IE 09AD; TAX LOT: 1800
SUBMITTAL DATE: July 22, 2019
DEEMED COMPLETE DATE: July 25, 2019
STAFF APPROVAL DATE: August 14, 2019
DEADLINE TO APPEAL (4:30 p.m.): August 28, 2019
FINAL DECISION DATE: August 29, 2019
APPROVAL EXPIRATION DATE: February 29, 2021
DECISION
Subject Property
The subject property is located on the north side of East Main St. between Morse Ave and Emerick St.
The surrounding neighborhood is comprised of single-family homes and multifamily developments. The
subject property is zoned High Density Residential (R-3). The property is surrounded to the east, west and
north by other R-3 zoned properties, with R-2 to the south across East Main.
The subject property is 0.31 acres and is roughly square, occupying lots 2-5 of the Eureka Addition (1910).
The property has frontage on. East Main St. and along an unnamed alley to the north. The site is occupied
by the historic Barclay-Klum House (National Register 990000835; built in 1888) which is a 2,586 square-
foot Suburban Queen Anne cottage. The house has been split into a duplex sometime in the significant
past and is classified as a duplex by the Jackson County assessor. The applicant is applying for a CUP to
approve the lower floor as a Traveler's Accommodation. No changes to the site are proposed and thus,
the bulk of Site Design Review standards do not apply here.
Conditional Use Permit & Special Use Standards
The application is required to meet the special use standards for a Travelers' Accommodation in AMC
18.2.3.220 and the approval criteria for a Conditional Use Permit in AMC 18.5.4.050.
A Travelers' Accommodation is an allowed use in the R-3 zone if it meets the Special Use Standards.
Those standards include:
• That the property is located within 200 feet of a boulevard, avenue or neighborhood collector. The
property fronts East Main St. satisfying this requirement.
• The property on which the Travelers' Accommodation is sited must be the primary residence of
the business owner. The application has indicated that this will be the case and that the applicants
reside in the upper story of the home.
PA-TI-2019-00070
1023 E. Main St./aa
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• The primary residence must be at least 20 years old. As indicated by Jackson County assessor, the
home was built in 1888.
• The allowed number of units is determined by dividing the total square footage of the lot by 1,800
square-feet. This property would allow a total of 7 units. The applicant has proposed only one unit
to be utilized as a Travelers' Accommodation.
• Each unit must have 400 square feet of gross interior floor space. The lower floor of the home
satisfies this requirement as it has approximately 1250 square feet of habitable space (estimated
by dividing the homes square footage by half).
The applicant's proposal to operate a single guest-unit Travelers' Accommodations requires a total of
three parking spaces; One for the guest-unit and two for the primary dwelling unit are required. The house
has a driveway that connects from East Main St. through to the alley, and the applicants site plan indicates
a total of four parking spaces. The applicant is required to provide two bicycle parking spaces. Those
spaces have not been identified and will need to be installed before issuance of business license.
The targeted use of an equivalent property in the R-3 zone would be equal to of six dwelling units. The
proposed use will not generate more traffic than six full-time residences. The Traveler's Accommodation
will not affect the development of adjacent properties.
The application complies with all of the applicable provisions of the R-3 zoning district, the Special Use
Standards AMC 18.2.3.220 and the Conditional Use Permit approval criteria AMC 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 applicant has indicated that they meet the criteria for a Conditional Use Permit, and the proposed use
is in conformance with the zoning district requirements. 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 AAIC 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 18.52, and shall meet
the following requirements.
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.
PA-T1-2019-00070
1023 E. Main St.laa
Page 2
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 18A.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.
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,
PA-T1-2019-00070
1023 E. Main St.laa
Page 3
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.
c. R-2 and R-3. Residential use complying with all ordinance requirements, developed at the density permitted
by chapter 18.2.5 Standards for Residential Zones.
In staff's assessment, the application with the attached conditions complies with applicable ordinances
and meets all required criteria. Planning Action M-2019-00070 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 OTI-2019-00070 is denied. The following are the conditions and they
are attached to the approval:
1) That the Travelers' Accommodation shall meet all applicable building, fire, and related safety
codes at all times, and shall be inspected by the Fire Department before commencing operations
and periodically thereafter pursuant to AMC 15.28.
2) That an annual inspection by the Jackson County Health Department shall be conducted as
required by the laws of Jackson County or the State of Oregon.
3) 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
Travelers' Accommodation.
4) That only one wall or ground sign is permitted on site in conjunction with the Traveler's
Accommodation. The sign shall be constructed out of a non-plastic material, shall not be internally
illuminated, and shall have a maximum sign area of six square feet and a maximum overall height
of five feet. Any exterior illumination shall not direct light on to any adjacent residential uses. A
sign permit demonstrating compliance with these conditions and with the regulations in the
Ashland Municipal Code section 18.2.3.220.F and chapter 18.4.7 shall be obtained prior to the
placement of any signage on the property.
5) That the subject property shall remain the primary residence of the applicants as business-owners,
and evidence of primary residence (i.e. valid Oregon Drivers 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.
6) That any advertisement for the Travelers' Accommodation unit must include the City of Ashland
PA-T1-2019-00070
1023 E. Main St./aa
Page 4
Planning Action number assigned to this city land use approval.
7) That a transfer of business-ownership of the Travelers' Accommodation shall be subject to all
requirements of this section and conform to the criteria of this section. If any changes under a
transfer of business-owmership do not comply with the Land Use Ordinance, a new Conditional
Use Permit and/or other planning actions may be required as determined by Planning Staff.
8) That prior to the issuance of the business license inverted u-racks shall be installed to accommodate
2 bike parking spaces or sufficient indoor storage for bikes shall be provided. All bicycle parking
shall be installed in accordance with design and rack standards in 18.4.3.070.1 and J prior to the
issu ce of the ce iricate of occupancy.
%A
Bill o~ unity Development Director D to
PA-T1-2019-00070
1023 E. Main St./aa
Page 5
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AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Jackson )
The undersigned being first duly sworn states that:
1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On August 16, 2019 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 the Planning Action #PA-T1--2019-00070, 1023 E. Main.
Signature of Employee
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317 N MAIN' ST 46 ALIDA ST 944 KESTREL PKWY
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EDDINGTON MARY J HETLAND BARBARA I TRUSTEE ET AL HOGAN FAMILY REV TRUST ET AL
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220 N ZAPATA HWY 11 848 BULL CREEK RD 1023 E. MAIN'
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r' i 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 -ASHLANII
NOTICE OF APPLICATION
PLANNING ACTION: PA-T1-2019-00070
SUBJECT PROPERTY: 1023 E Main
O'4111NEROAPPLICANT: Hagan Family Rev Trust]J'ohnathan Hogan
DESCRIPTION: A request for Conditional Use Permit approval for a Traveler°'s Accommodation in on the lower
floor of a historic residence with two dwelling units. The property is located in the R-3 zoning district. There are no
proposed changes to the site. COMPREHENSIVE PLAN DESIGNATION: High Density Residential;
ZONING: R-3; ASSESSOR'S MAP 391 E09AD; TAX LOT: 1800
NOTICE OF COMPLETE APPLICATION: July 25, 2019
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: August 8, 2019
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The Ashland Planning Division Staff has rece6ved 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 Wmburn Way, Ashland,.
Oregon 97520 prior to 4:30 p.m. on the deadline date shown above.
Ashland Planning Division Staff determine if a nand Use application is complete within 30 days of submittall. 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 connment period. After the comment period and not more than
45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice of decision is mailed to the same
properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staff's decision must be made in writing to the Ashland Planning
Division within 12 days from the date of the mailing of final decision. (AMC 18.5.1.050.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 objectiion 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 specifi6ty to allow this Department to respond to the
issue precludes an action for damages in circuit court.
A copy of the application, alll 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 roquest, please feel free to contact Aaron Anderson at 541-488-5305•
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CONDITIONAL USE PERMITS
18.5.4.050.A
A Conditional Use Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through
the imposition of conditions.
1. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with
relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program.
2. That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the development, and adequate
transportation can and will be provided to the subject property.
3. That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject
lot with the target use of the zone, pursuant with subsection 18.5.4.050.A,5, below. When evaluating the effect of the proposed use on the impact area, the
following factors of livability of the impact area shall be considered in relation to the target use of the zone.
a. Similarity in scale, bulk, and coverage.
b. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of
capacity of facilities.
c. Architectural compatibility with the impact area.
d. Air quality, including the generation of dust, odors, or other environmental pollutants.
e. Generation of noise, light, and glare.
f. The development of adjacent properties as envisioned in the Comprehensive Plan.
g. Other factors found to be relevant by the approval authority for review of the proposed use.
4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance.
5. For the purposes of reviewing conditional use permit applications for conformity with the approval criteria of this subsection, the target uses of each zone
are as follows.
a, WR and RR, Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18,2.5 Standards for Residential
Zones.
b. R-1. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential Zones.
c. R-2 and R-3. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential
Zones.
d. C-1. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio,
complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all
ordinance requirements.
e. C-1-D. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 1.00 gross floor to area
ratio, complying with all ordinance requirements.
f. E-1. The general office uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio, complying
with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance
requirements.
g. M-1. The general light industrial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, complying with all ordinance requirements.
h, CM-C1, The general light industrial uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.50 gross floor to area ratio,
complying with all ordinance requirements.
L CM-OE and CM-MU. The general office uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.60 gross floor to area,
complying with all ordinance requirements.
k. CM-NC. The retail commercial uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0,60 gross floor to area ratio, complying
with all ordinance requirements.
1. HC, NM, and SOU. The permitted uses listed in chapters 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.
G:4camm-deelpianningtil'tanning elction511Voticiiag Folder1111ailed Notices & SignO2019TA-TI-2019-00070_1023 HMain _doex
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 25, 2019 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-T1-2019-00070, 1023 E Main.
(/Signature of Employee
C:1UserskSmithdaTesktop'AFFI®AVfF OF MLING_ds.docx 712Ta1a019
PA-T1-2019-00070 391E09AD 2101 PA-T1-2019-00070 391E09AD 5600 PA-T1-2019-00070 391E09AD 2000
A P GROUP LLC BAKKE JOSHUAIFRINGS BRITTNY CASA CONTENTA LLC
317 N MAIN ST 46 ALIDA ST 944 KESTREL PKWY
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2019-00070 391 E09AD 3400 PA-T1-2019-00070 391 E09AD 5500 PA-T1-2019-00070 391 E09AD 3700
CHERTKOV LYNN SCHOONMAKER CORYELL-BEIGEL DOMINIQUE ROXANE DELUCA RONALD L TRUSTEE
REV LIV TRUST 52 ALIDA ST 228 MORNINGLIGHT DR
1001 EUREKA ST ASHLAND, OR 97520 ASHLAND, OR 97520
ASHLAND, OR 97520
PA-T1-2019-00070 391 E09AD 1500 PA-T1-2019-00070 391 E09AD 3500 PA-T1-2019-00070 391 E09AD 1800
EDDINGTON MARY J HETLAND BARBARA I TRUSTEE HOGAN FAMILY REV TRUST
1045 E MAIN ST 985 E MAIN ST 75 ZIRCON PL
ASHLAND, OR 97520 ASHLAND, OR 97520 SAN FRANCISCO, CA 94131
PA-T1-2019-00070 391 E09AD 5900 PA-T1-2019-00070 391 E09AD 3300 PA-T1-2019-00070 391 E09AD 1401
JAROLIMEK-PRONER FRANK JOHNSON RICHARD CILINEA R LIVNI GIL TRUSTEE ET AL
6437 HEATHER RIDGE WAY 130 8TH ST 453 TUCKER ST
OAKLAND, CA 94611 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2019-00070 391E09AD 2500 PA-T1-2019-00070 391E09AD 1900 PA-T1-2019-00070 391E09AD 6000
MARKS MALIA ET AL
LIVSHITS 1GOR CIO JENNIFER MARKS MARSHALL JACQUELINE L TRUSTEE
7783 CORNWALL CIR 3319 S LUCILLE LN
BOULDER, CO 80301 1808 SISKIYOU BLVD LAFAYETTE, CA 94549
ASHLAND, OR 97520
PA-T1-2019-00070 391E09AD 2200 PA-T1-2019-00070 391 E09AD 6100 PA-T1-2019-00070 391 E09AD 3301
MC CARTNEY DENNIS E MCINTYRE THOMAS MKH PROPERTY MGMT CO LLC
47 EMERICK ST 535 GEARY ST 706 2022 CRESTVIEW DR
ASHLAND, OR 97520 SAN FRANCISCO, CA 94102 ASHLAND, OR 97520
PA-T1-2019-00070 391 E09AD 3303 PA-T1-2019-00070 391 E09AD 3600 PA-T1-2019-00070 391 E09AD 5700
PRICE JOHN C TRUSTEE ET AL REDDISH HOPE ET AL ROUPP BRADLEY D TRUSTEE
973 C ST 975 E. MAIN ST 1085 DEER VISTA LN
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2019-00070 391E09AD 6600 PA-T1-2019-00070 391E09AD 5800 PA-T1-2019-00070 391E09AD 6400
SCHRODT GARY TRUSTEE ET AL SEYMOUR PAUL J TRUST ET AL SKILLMAN DON C TRUSTEE ET AL
1124 OLD HIGHWAY 99 S 33 MORSE AVE PO BOX 486
ASHLAND, OR 97520 ASHLAND, OR 97520 TALENT, OR 97540
PA-T1-2019-00070 391 E09AD 6801 PA-T1-2019-00070 391 E09AD 5601 PA-T1-2019-00070 391 E09AD 1700
TEN SIXTY EIGHT LLC VOTO-BERNALES SELBY TRUSTEE WEISLER FAYE
604 FAIR OAKS CT 2717 21ST ST 2305 ASHLAND ST C
ASHLAND, OR 97520 SAN PABLO, CA 94806 ASHLAND, OR 97520
PA-T1-2019-00070 391E09AD 1600 PA-T1-2019-00070 391E09AD 6500 PA-T1-2019-00070
WEISS PHILIP M TRUSTEE ET AL WITTICH BRUCE HOGAN JONATHAN
220 N ZAPATA HWY 11 848 BULL CREEK RD 1023 E MAIN ST
LAREDO, TX 78043 GRANTS PASS, OR 97527 ASHLAND, OR 97520
July 25, 2019
1023 E Main NOC
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ZONING PERMIT APPLICATION
Planning Division
C I T Y OF! 51 Winburn Way, Ashland OR 97520 FILE Y )
ASHLAND 541-488-5305 Fax 541-488-6006
DESCRIPTION OF PROJECT '~ravC, tl'..cc (n fn a ,_+o 12 o r8 o e-DESCRIPTION OF PROPERTY A V_ Pursuing LEEDG Certification? Q YES El NO
+ 1 ~ ~ '
Street Address C~ I + s
Assessor's Map No. 39 1,E Tax Lot(s)
Zoning 3 Comp Plan Designation
APPLICANT e on C Cyerr"I 1 r ;r =
Name 11 G(° k 6, t'1 Phone q C T E-Mail 11 o V C° t'r~ t r U o c
Address t . t 66A City a Utz c~ r 1 + - Zip 5 0
PROPERTY OWNER
M 56kin e o_5 0,6 v'
Name s i'l 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
/hereby certify that the statements and information contained in this application, including the enclosed drawings and the requ. ed findings of fact are ie ail respects,
true and correct. I understand that all property pins must be shown on the drawings and visible capon the site ins ~fo~, i. rt-r t t r ' iiown or thelr
location found to be incorrect, the owner assumes full responsibility. I further understand that if this request is st r . , n be on me to
establish:
1) that l produced sufficient factual evidence at the hearing to support this request;
2) that the findings of fact furnishedpustifies 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 property located on the ground.
Failure in this regard wilt result most likely in not only the request being set aside, but also possibly in my structures bang built in reliance thereon being required to
be removed at my expense. If i have any doubts, l am advised to seek competent professional advice and assistance.
t
o
Applicant's Signature Date
As owner of the property involved in this request, f have read and understood the complete application and its consequences to me as a property
owner
Property Owner's Signature (,cguired) . .......Dater ~Vo be completed by City Stab r
Date Received Zoning Permit. Type ~ Filing Fee $ d t
OVER
GAccmm-slev%pJa !nSTorms&HandoutsVoning Permit Applicalion.doc
ZONING PERMIT SUBMITTAL REQUIREMENTS
❑ APPLICATION FORM must be completed and signed by both applicant and property owner.
❑ FINDINGS OF FACT - Respond to the appropriate zoning requirements in the form of factual statements or
findings of fact and supported by evidence. List the findings criteria and the evidence that supports it. Include
information necessary to address all issues detailed in the Pre-Application Comment document.
❑ 2 SETS OF SCALED PLANS no larger than 11"x17". Include site plan, building elevations, parking and landscape
details. (Optional -1 additional large set of plans, 2'x3', to use in meetings)
❑ FEE (Check, Charge or Cash)
❑ LEED® CERTIFICATION (optional) -Applicant's wishing to receive priority planning action processing shall
provide the following documentation with the application demonstrating the completion of the following steps:
• Hiring and retaining a LEED® Accredited Professional as part of the project team throughout design and
construction of the project; and
• The LEED® checklist indicating the credits that will be pursued.
NOTE:
• Applications are accepted on a first come, first served basis.
• Applications will not be accepted without a complete application form signed by the applicant(s) AND property
owner(s), all required materials and full payment.
• All applications received are reviewed for completeness by staff within 30 days from application date in accordance
with ORS 227.178.
• The first fifteen COMPLETE applications submitted are processed at the next available Planning Commission
meeting. (Planning Commission meetings include the Hearings Board, which meets at 1:30 pm, or the full Planning Commission, which
meets at 7:00 pm on the second Tuesday of each month. Meetings are held at the City Council Chambers at 1175 East Main St).
• A notice of the project request will be sent to neighboring properties for their comments or concerns.
• if applicable, the application will also be reviewed by the Tree and/or Historic Commissions.
G;kumm devVplanninglForms S Hankkas\Zoning Fermi; Applicatim&
l J
July 22, 2019
Aaron Anderson, CFIVI
Assistant Planner
Con,iraaunity [)evoloprner. t
51 Winburn Way
Asialaanj CAI 9750
Mar Aaron:
maached pleaas 'find our completed zoning permit application, the aaddul: oral informaUan you
r°erlLWSt d, maps, and glare for 1,092.
If there is anything we forgot: or any ques'dons you have, please dran t msitate to contact us.
For emat Jonathan is at
For phone, because of Jonoa4wds hearing kBs, fs kaeUer to leave as laal(_w,:,,l,, idie at 541-
840-149%
rhaanks again for your hell',-
.lcaraMhaan Hogan
Edc: e Wcillaac e
I y
FACTUAL TATA`=11J1FNI S T ,C`,CC)M PANY Z',,P 'L.kCAT1()N
1023 East I= Sheet Ashin" OR
They property fronts East lAaairr Stre"e~t. and is, therefore leac.aat.e:~r:d wittf°ain 200 feet: of a boulevard or
avenue.
The par"fap:ae ny is the p'arrrraaary residence of the business owner, Jonathan I logan. He is also the
property owner and is they financially responsilfle party,,
ml..he parilnary r"f?sVCIer1ce was constructed in 3298 and Is tl'7C?r'"efore at least 20 years old.
Only ca single-",unit of Umveler's aaC;e:;e~rw`ara"ar~art t.li~r"'a is par"(:,pa(, 1, and they lot she meets His
requirean"rent
The We and laryout of the haearnea k,-:e ' `ds they 00 square feet of gross interior' floor" space
remaining per unit. (excluding the hard dnems owner's unW,
Parking: the; final site plan includes at least: Harr.:""(' paarMnp, spa ces that allow ingress and egress
without Conflict. This cornp'al'aeas with the regulation that each aacc orriniodatieara must: have one
offstreet parking space and the business owner's unit nrr,st have two st'1;-rces.
()rrly one ground or wall sign, six square feet or le=ss, constructed of as non-14;:.i ie. rnaateariaal, will
be utilized, A sign paearrnit will be applied for..
fl~aea ~ 0~; acres in the R-3 zone wl°ara;l"'r vvor.aled <allavr for up to fix cdel ing rrrarts. The
p p -r"ea ~a~r"ty is 3t
reapaer"t"y Is developed with two ret'.ra]rMe llrlit:q and the into' ition is or the traveler's
p. ° with G(,i as as t.l"xnave". Ws
iaec:or"rar"nodaation to be as spec lew cruet:. The two units with caeca" ~ h~at~'lnt~ toed o'
accommodation i as less hAe:'nse use than 'the target use of the zoncr based ore the property size.
The use of the property Fill be in e;orah3r. nanc e vWt:la all sUnedwAs within the rora n disM.
The .tdmphip cipaae".aty of City facilities for wak rewc W(.irl Jt:y(, etc, are in place".
.p
FACTUAL STATEMENTS TO ACCOMPANY AC'l'l_ICA-FION
1023 East Main Street, Ashland, OR
The property fronts l=ast Main Street and is therefore located within 200 feet of a boulevard or
avenue.
The property is the primary residence of the business owner, Jonathan Hogan. He is also the
property owner and is the financially responsible party.
'File primary residence was constructed in 1898 and is therefore at least 20 years old.
Only a single unit of traveler's accommodation is proposed, and the lot size meets this
requirement.
The sire and layout of the home exceeds the 400 square feet of gross interior floor space
remaining per unit (excluding the business owner's unit).
Parking: the final site plan includes at least three parking spaces that allow ingress and egress
without conflict. This complies with the regulation that each accommodation must have one
off-street parking space and the business owner's unit must have two spaces.
Only one ground or wall sign, six square feet or less, constructed of a non-plastic material, will
be utilized, A sign permit will be applied for.
The property is 0.31 acres in the R-3 cone which would allow for up to six dwelling units. The
property is developed with two separate units, and the intention is for the traveler's
accommodation to be a single unit. The two units with one being used as a traveler's
accommodation is a less intense use than the target use of the zone based on the property size.
The use of the property will be in conformance with all standards within the zoning district.
The adequate capacity of City facilities for water, sewer, electricity, etc. are in place.
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City of Ashland
Community Development Department PERMIT NUMBER
51 Winburn Way PA-T1-2019-00070
Ashland, OR 97520
Apply Date: 712212019
Telephone: 541-488-5305
Inspection Line: 541-552-2080
Plan Type: Type I Planning Action
Work Class- Type I Planning Action
Ma & Tax Lot Property Address
39i E09AD1800 1023 E Main St
Owner Information Applicant Information
Owner: HOGAN FAMILY REV TRUST ET A Applicant: HOGAN FAMILY REV TRUST ETA
Owner 1023 E Main St Applicant 1023 E Main St
Address: Ashland: OR 97520 Address: Ashland, OR 97520
Phone: (541) 840-9098 Phone: (541) 840-9098
Project Description
CUP for Traveler's Accornodation
Fees
Fee Description: Amount:
Conditional Use Permit (Type I) $1,092.00
Applicant: Date:
Total Fees: $1,092.0