Loading...
HomeMy WebLinkAboutNMain_160_PA-T1-2019-00062 CITY OF -ASHLAND June 27, 2019 Notice of Final Decision On June 26, 2019, the Community Development Director approved the request for the following: Planning Action: PA-TI-2019-00062 Subject Property: 160 N Main St Applicant: Sue Jones Description: A request for Site Design Review and Conditional Use Permit approval for a two-unit (one guest's and one owner's) Traveler's Accommodation at 160 N Main Street. No physical changes to the property are proposed as part of this request. COMPREHENSIVE PLAN DESIGNATION: Low Density, Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP: 39 1 E 04CC; TAX LOT: 8500. 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 are required to be net 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: 541ABB-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 m 1L'.-ashland.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. E. 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 1 decision pursuant to subsection 18.5.1.050.B. c. Any other person who participated in the proceeding by submitting written comments on the application to the City by the specified deadline. 2. Appeal Filing Procedure. a. Notice of Appeal. Any person with standing to appeal, as provided in subsection 18.5.1.050.G.1, above, may appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of this subsection. The fee required in this section shall not apply to appeals made by neighborhood or community organizations recognized by the City and whose boundaries include the site. If an appellant prevails at the hearing or upon subsequent appeal, the fee for the initial hearing shall be refunded, b. Time for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of decision is mailed. C. Content ofA'otiee ofAppeal. The notice of appeal shall be accompanied by the required filing fee and shall contain. h 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 argunhent concerning any relevant ordinance provision. 4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type 11 public hearing procedures, pursuant to section 18.5.1.060, subsections A - E, except that the decision of the Planning Commission is the final decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of Appeals, pursuant to ORS 197.805 - 197.860. COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541A88-5305 51 Winbum Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 «vww.ashland.or.us ASHLAND PLANNING DEPARTMENT FINDINGS & ORDERS PLANNING ACTION: PA-T1-2019-00062 SUBJECT PROPERTY: 160 N Main St OWNERS/APPLICANTS: Sue Jones DESCRIPTION: A request for Site Design Review and Conditional Use Permit approval for a two-unit (one guest's and one owner's) Traveler's Accommodation at 160 N Main Street. No physical changes to the property are proposed as part of this request, COMPREHENSIVE PLAN DESIGNATION: Low Density, Multi-Family Residential; ZONING: R- 2; ASSESSOR'S MAP: 39 1E 04CC; TAX LOT: 8500. SUBMITTAL DATE: May 17, 2019 DEEMED COMPLETE DATE: - May 31, 2019 STAFF APPROVAL DATE: June 26, 2019 DEADLINE TO APPEAL (4:30 p.m.): July 8, 2019 FINAL DECISION DATE: July 9, 2019 APPROVAL EXPIRATION DATE: January 9, 2021 DECISION Subject Property The subject property is located on the east side of North Main between Bush and Laurel Street. The surrounding neighborhood is comprised of single-family homes, multi-family developments, churches, parks and commercial properties, The subject property is zoned Low-Density, Multi-Family Residential (R-2). The zoning to the north and to the cast of the subject property is R-3, High-Density, Multi-Family Residential. To the west, the zoning is R-2. To the south, the zoning is Commercial (C-l and C-1-D). The subject property is 7,405 square-feet. The lot has fiontage on North Main and partial frontage on Central Avenue to the rear. The site is occupied by an. 1,849 square-foot historic structure built in the 1890's and converted to a duplex in the 1970's. The parking area is accessed frorn Central Avenue. Unit #2 (the larger unit) in the duplex is proposed as a Traveler's Acconunodation. The unit is 1,050 square-feet. The business owner resides in Unit #1 (800 square-feet). A Conditional Use Permit is requested to operate the Traveler's Accommodation on-site. No changes to the site are proposed and thus, the bulk of Site Design Review standards do not apply here. Conditional Use Permit 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-2 zone if it meets the Special Use Standards. That criteria requires that the property is located within 200 feet of a boulevard, avenue or neighborhood collector. This is met; the property is on North Main. The property on which the Travelers' Accommodation is sited is the primary residence of the business owner. The primary residence must be at least 20 years old. As indicated by Jackson County survey, the home was built in the 1890's, The allowed number of units is determined by dividing the total square footage of the lot by 1,800 square-feet. PA-T1-2019-00062 160 N Main/fk Page 1 This property would allow a total of 4 units. The applicant has proposed only a total of two units (one guest unit and the business owner's unit). Each unit must have 400 square-feet of gross interior floor space - the guest unit is 1,050 square-feet. The applicant's proposal to operate two 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. To meet the requirement for the Travelers' Accommodations parking spaces, the applicant shows three parking spaces provided off of the driveway from the rear. The applicant is required to provide two bicycle parking spaces. Those spaces have been identified on the porch and to the rear of the residence. 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 the R-2 zone would be the equivalent of 2 dwelling units. The proposed use is unlikely to generate more traffic than two full-time residences. The proposed Traveler's Accommodations are similar in number of vehicle trips. The site's location near downtown, bus route, shopping and retail on East Main allows for pedestrian and bicycling to nearby amenities. The Traveler's Accommodation will not affect the development of adjacent properties. Staff did receive a comment regarding a code compliance issue in the year prior. The compliance issue was resolved and the property owner complied with regulations once notified. The comment also expressed concern that the property owner does not reside on the property. A standard condition for Traveler's Acconunodations is the condition that the property be the primary residence of the business- owner and complies with the Special Use Standards AMC 18.2.3.220.B.2. That condition is included on this application and will be verified prior to the issuance of a business license. The application including the following conditions 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 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 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 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 PA-T1-2019-00062 160 N MainAk Page 2 and periodically thereafter pursuant to AMC 1528. 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 fine, 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. PA-TI-2019-00062 160 N Main/& Page 3 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. 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 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 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, 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 PA-T1-2019-00062 160 N Main/fk Page 4 0.60 gross floor to area ratio, complying with all ordinance requirements. L HC, NM, and SOU. The permitted uses listed in chapters 183.3 Health Care Services, 18.3.5 North Mountain Neighborhood, and 18.3.6 Southern Oregon University District, respectively, complying with all ordinance requirements. 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. B. Overlay Zones: The proposal complies with applicable overlay zone requirements (part 18.3). C. Site Development and Design Standards: The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided by subsection E, below. D. City Facilities: The proposal complies with the applicable standards in section 18.4.6 Public Facilities and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property and adequate transportation can and will be provided to the subject property. E. Exception to the Site Development and Design Standards. The approval authority may approve exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in either subsection 1 or 2, below, are found to exist. 1. There is a demonstrable difficulty meeting the specific requirements of the Site Development and Design Standards due to a unique or unusual aspect of an existing structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent properties; and approval of the exception is consistent with the stated purpose of the Site Development and Design; and the exception requested is the minimum which would alleviate the difficulty.; or 2. There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better achieves the stated purpose of the Site Development and Design Standards. In staff's assessment, the application with the attached conditions complies with applicable ordinances and meets all required criteria. Planning Action #TI-2019-00062 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 #TI- 2019-00062 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 PA-TI-2019-00062 160 N Main/fk Page 5 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 18,43 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 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 18.2.3.220.8.2. 6) That any advertisement for the Travelers' Accommodation unit must include the City of Ashland 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-ownership do not comply with the Land Use Ordinance, a new Conditional Use ermit an or other planning actions may be required as determined by Planning Staff. '2- C L B' Molnar, Co ~azunity Developinent Director, Da ~ PA-T1-2019-00062 160 N Main/fk Page 6 AFFIDAVIT OF MAILING STATE OF OREGON ~ County of Jackson The undersigned being first duly sworn states that: 1. I am employed by the City of Ashland, 20 East Main Street, Ashland,, Oregon 97520, in the Community Development (Department. 2. On 6/27/19 l 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-T1-2019-00062, 160 N. Main. Signature of Employee DacumenQ 6/27124$9 PA-T1-2019-00062 391E04CC 4000 PA-T1-2019-00062 391E09BB 3503 PA-T1-2019-00062 391 E04CC 8000 AYARS REGINA ET AL BC PARTNERS IV LLC BOLTON MATHEW D/LORNA S .199 HILLCREST ST 175 PIEDMONT DR 3800 CHERRY LN ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2019-00062 391E04CC 7800 PA-T1-2019-00062 391EQ4CC 3500 GOLLINGS DAVIDISCHRAN-COLLINGS PA-T1-2019-00062 391 E0966 3300 BOOZER EMMETT 0/ELEANOR J SALINE DEAN MICHAEL C 140 MASON RD 40 BUSH ST VISTA, CA 92084 13236 E EVANS CREEK RD ASHLAND, OR 97520 ROGUE RIVER, OR 97537 PA-T1-2019-00062 391 E04CC 8700 PA-T1-2019-00062 391 E05DD 9000 PA-T1-2019-00062 391 E04CC 3800 FACCINETTI CAROL & JORGE TRUST FIRST METHODIST CH/ASHLAND JSB INVESTMENTS INC PO BOX 6776 175 N MAIN ST PO BOX 1025 STATELINE, NV 89449 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2019-00062 391 E04CC 7700 PA-T1-2019-00062 391 E04CC 8200 PA-T1-2019-00062 391 E04CC 7900 KENCAIRN KERRY K REV LIVING TRUST LARC FREE LIFE LLC LOUIE JEN LYNN TRUSTEE 147 CENTRAL AVE .695 WASHINGTON ST 142 N MAIN ST ASHLAND, OR 97520 :ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2019-00062 391 E04CC 7600 PA-T1-2019-00062 391 E04CC 8100 PA-T1-2019-00062 391 E04CC 3700 MICHAELS CYNTHIA LOUISE MUSER TIMOTHY W/REBECCA SUE OURSHALIMIAN PAMELA 145 CENTRAL AVE 1157 N MAIN ST PO BOX 912 ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2019-00062 391 E04CC 8300 PA-T 1-2019-00062 391 E04CC 8600 PA-T1-2019-00062 391 E04CC 3600 PAULSON DIANE C TRUSTEE ET AL PEIL THOMAS HANSEN FAMILY TRUST RICHEY DENNIS E TRUSTEE ET AL 156 N MAIN ST 335 GARFIELD ST PO BOX 195 ASHLAND, OR 97520 ASHLAND, OR 97520 MAUPIN, OR 97037 PA-T1-2019-00062 391 E04CC 4300 PA-T1-2019-00062 391 E04CC 8500 PA-T1-2019-00062 391 E04CC 7500 ROSS SANDRA LYNN TRSTEE FBO SHELL SANDI L ET AL SHIELDS JOAN DARLENE DRAGER .522 YACHT CLUB DR 2270 NW SAVIER ST APT 321 JOAN D ROCKWALL, TX 75032 PORTLAND, OR 97210 123 CENTRAL AVE ASHLAND, OR 97520 PA-T1-2019-00062 391E04CC 4200 PA-T1-2019-00062 391E04CC 8400 PA-T1-2019-00062 391E04CC 4400 SILBOWITZ ALFRED INIRGINIA TRAVISANO JOSEPH A VAN AKEN LOIS E TRUSTEE ET AL 1601 E NEVADA ST 155 CENTRAL AVE 140 CENTRAL AVE ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1 2019-00062 391 E04 CC 4100 PA-T1-2019-00062 391 E09BB 1200 PA-T1-2019-00062 391 E04CC 3900 VAN DE VELDE BEN WARREN FAMILY LTD PARTNERSP WELLS G GREELEY JR 168 WAGNER BUTTE RD 132 N MAIN ST 5253 CARBERRY CREEK RD TALENT, OR 97540 ASHLAND, OR 97520 JACKSONVILLE, OR 97530 PA-T1-2019-00062 PA-T1-2019-00062 160 N. Main SUE JONESISANDI SHELL ROGUE PLANNING & DEVELOPMENT 6127119 NOD 160 N. MAIN ST, UNIT #1 33 N. CENTRAL, #213 29 ASHLAND, OR 97520 MEDFORD, OR 97501 f June 9.4, 2019 .To: Ashland Planning Dept. From: Diane Paulson and David I liasen 156 N. Main St., Ashland, OR Re: Submission of Written Comments for possible objection to Planning action PA-T1-2019-00062 We are the next-door neighbors to the south of 160 N. Fain St. Our primary residence is at 156 N. Main St. We were successfully awarded a CUP around 5.2014 to run our onsite Traveler's Accommodation. This has been our, primary residence since 1991. We have been friends and neighbors with Sandy Schell, the former owner of 160 N. Main St. for about 20 years. A few years ago, Sandy Schell and Sue Jones got married/became domestic partners. Sandy moved into Sue's home in the Griffin Creep area and we rarely saw her. Sometime in 2018, they split. Sue Jones apparently has acquired the property in the divorce/separation settlement. In early 2018, we saw Sue doing work on the property, remodeling, landscaping and moving in furniture to both units. In November and December- 2018, there were a lot of tenants coming and going with shorter stays than by the month, In May 2018,1 was cruising on Airbnb and saw that Sue had begun to rent both sides of the property by the night through Airbnb. Daniel Perry of Airhop was noted as the Owner oil the Airbnb listing. At this time, I knew that the property was vacant. There we no one living there. I contacted Andrew Barrow, Code Enforcement Officer, about the possible illegal nightly rental per 18.2.3.2208 in that there was no Owner claiming the residence as their Primary Residence and there was not a `Business-Owner' living on the property. Andrew kept in contact with Lis and after his initial research let us know that he sent out a `Cease and Desist' order to Ms. Jones's address in Griffin Creek, Medford.. Pretty quickly, she complied and the listing was removed from the Vacation Rental Websites. Andrew mentioned that Ms. Jones said she was going to go through the CUP process. Now here we are a year later. My concern is as that since Ms. Jones has already rented both units 160 N, Main illegally and disregarded the Ashland Comprehensive Planning Codes, that she will do so again. She will say that she does live on the property but actually will not. She will post it oil vacation rental sites and rent it by the night without anyone being onsite to oversee tile property. There will no owner or business manager to watch over the property and ensure that the nightly tenants are well-behaved such as at a rninimum following the City Noise Ordinance. Of utmost concern is how will the City verify that Ms. Jones is in compliance with the ordinance requirements? Specifically, 18.2.3,220 Sec. B#2. How will they verify/enforce that either the Owner of the property at 1.60 N. Main lives there and it is her primary residence or that there is a "Business-Owner" who has entered into a Lease Agreement with Ms. Jones that indeed covers pet- above planning code: such lease agreement must 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 and has actual ownership of the business and is wholly responsible for all operations associated with the accommodation and has actual ownership of the business." Thank you, Al, Al Al Xsn iA l 1 % r 1 - ~~)h r:V4 i 1 f I Planning Department, 51 Winbu m 1 Way, Ashland„ Oregon 97520 C I T Y F t` 541-485-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1.800-735-2900 -A NSF~ ~L A 11 NOTICE OF APPLICATION PLANNING ACTION: PA-T1-2019-00062 SUBJECT PROPERTY: 160 N Main St OWNER/APPLICANT. Sue Jones DESCRIPTION: A request for Site Design Review and Conditional Use Permit approval for a two-unit (One guest's and one owner's) Traveler's Accommodation at 160 N Main Street. No physical changes to the property are proposed as part of this request. COMPREHENSIVE PLAN DESIGNATION: Low Density, Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP: 391 E 04CC; TAX LOT: 5600 NOTICE OF COMPLETE APPLICATION: May 31, 2019 DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: June 14, 2019 ~ 196 ~~L 16 r3 180 -172 4`; 126 164 174 160 14 120 1'2 ~`-S c~NrR`IC 148 118 140 166 3 ~ '132 175 166 1 subject Property 128 155 160 hl Main St. 160 2 PA-TI.2019-00062 i 16 160 1 147 16,E '145 156 156 2 123 c~ 159 w~ 75 157 150 35 63 142 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 2017 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 mauling of final decision. (AMC 18.5.1.05O.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 thas Department to respond to the issue precludes an action for damages in circuit court. A copy of the application, all docurments and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and wilt be pr'ovided' 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 Fotini Kaufman at 541-488-5305. G~Lcasetnr dal xplanndrv ;Yk»Inoning ActionsOPdoticing Folder',Nlnlled. Noaices signs1201911' .'I'1-2019-OU662,,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. F, fw ceplion to the Site Developn M and Des i S The approval authority may approve exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in either subsection 1 or 2, below, are found to exist. 1. There is a demonstrable difficulty meeting the specific requirements of the Site Development and Design Standards due to a unique or unusual aspect of an existing structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent properties; and approval of the exception is consistent with the stated purpose of the Site Development and Design; and the exception requested is the minimum which would alleviate the difficulty.; or 2. There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better achieves the stated purpose of the Site Development and Design Standards. CONDITIONAL USE PERMITS 18.5.4.050.A A Conditional Use Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. 1. That the use would' be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant Comprehensive plan policies that are not implemented by any City, State, or Federal law or program, 2. That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the development, and adequate transportation can and will be provided to the subject property. 1 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, fight, and glare. fi The development of adjacent properties as envisioned in the Comprehensive Plan. g. Other factors found to be relevant by the approval authority for review of the proposed use. 4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted' pursuant to this ordinance. 5. For the purposes of reviewing conditional use permit applications for conformity with the approval criteria of this subsection, the target uses of each zone are as follows. a. WR and RR. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 1825 Standards for Residential Zones. b. R-1. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18,25 Standards for Residential Zones, c, R- 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 1822 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 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, 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 MN 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 Mull District, developed at an intensity of 0,60 gross floor to area ratio, complying with all ordinance requirements. L HC, NM, and SOU. The permitted uses fisted in chapters 183.3 Health Care Ser&es, 18.3.5 North Mountain Neighborhood, and 18.16 Southern Qa'.lcannun-z1ev4pEann'rn~y4Alannin, rActiunslNaticinS FulderVN failed Notices & Su ynsU'OI91'PA-I'l-1019-0(7ti 02,docx 04'1 6 -.1200 U01 -,200 m r ° LA 1`2406 12"o r ISO/ r r tl r p r 'r~ r. " v. a ;tl rn~i h ;I 41 + ;°31#~ ' 1+1 tl ° r r ; 606 moo dill{p 250 ; 0 d 450 n 470 ' ,~y,~~},}~ i„ ~i y ~b ~ 1~ i t 770 tk~ tl 9500 r 4 50 V X1'+0 i ° i ,m alo Y j y~µ~ + 'r. n, d ~"lf tP h ~.,1, - • u kY a C .A71H"Il' 7"+ rvv, a h .P " 40,0 rn 760 760, r Y1J'3J" wl IMO r ~1 V 1 n " 1 I~ 00 H 402 16 ink F °"„y 400~ rv J l r ti l are 4.30k,~.w X1"1 w„ 30 tl 4100 '40,01 1 1}1 ` .w ~ 1{1". ~1 uh 900 X -ago 0 17 } AFFIDAVIT OF MAILING STATE OF OREGON ~ County of Jackson The undersigned being first duly sworn states that: 1. f am employed by the City of Ashland, 20 East Main Street, Ashland, Oregon 97520, in the Community Development Department. 2. On 5/31/191 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-T1-2919-00062, 160 N' Main. Signature of Employee DocumeM8 W V2019 PA-T1-2019-00062 391 E04CC 4000 PA-T1-2019-00062 391 E098B 3503 PA-T1-2019-00062 391 E04 CC 8000 AYARS REGINA ET AL BC PARTNERS IV LLC BOLTON MATHEW DILORNA S 199 HILLCREST ST 175 PIEDMONT DR 3800 CHERRY LN ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2019-00062 391E04CC 7800 PA-T1-2019-00062 391E04GC 3500 COLLINGS DAVIDISCHRAN-COLLINGS PA-T1-2019-00062 391E09BB 3300 BOOZER EMMETT O/ELEANOR J SALINE DEAN MICHAEL C 140 MASON RD 40 BUSH ST VISTA, CA 92084 13236 E EVANS CREEK RD ASHLAND, OR 97520 ROGUE RIVER, OR 97537 PA-T1-2019-00062 391E04CC 8700 PA-T1-2019-00062 391E05DD 9000 PA-T1-2019-00062 391E04CC 3800 FACCINETTI CAROL & JORGE TRUST FIRST METHODIST CH/ASHLAND JSB INVESTMENTS INC PO BOX 6776 175 N MAIN ST PO BOX 1025 STATELINE, NV 89449 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2019-00062 391E04CC 7700 PA-T1-2019-00062 391E04CC 7900 PA-T1-2019-00062 391E04CC 7600 KENCAIRN KERRY K REV LIVING TRUST LOUIE JEN LYNN TRUSTEE MICHAELS CYNTHIA LOUISE 147 CENTRAL AVE 142 N MAIN ST 145 CENTRAL AVE ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2019-00062 391E04CC 3700 PA-T1-2019-00062 391E04CC 8100 PA-T1-2019-00062 391E04CC 8300 OURSHALIMIAN PAMELA PAGE RUSSELL AIPAGE ERIN E PAULSON DIANE C TRUSTEE ET AL PO BOX 912 157 N MAIN ST 156 N MAIN ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2019-00062 391 E04CC 8600 PA-T1-2019-00062 391 E04CC 8200 PA-T1-2019-00062 391 E04CC 3600 PEIL THOMAS HANSEN FAMILY TRUST REINHARDT JON T/CARMEN RICHEY DENNIS E TRUSTEE ET AL 335 GARFIELD ST 159 N MAIN ST PO BOX 195 ASHLAND, OR 97520 ASHLAND, OR 97520 MAUPIN, OR 97037 PA-T1-2019-00062 391 E04CC 4300 PA-T1-2019-00062 391 E04CC 8500 PA-T1-2019-00062 391 E04CC 7500 ROSS SANDRA LYNN TRSTEE FBO SHELL SANDI L ET AL SHIELDS JOAN DARLENE DRAGER 522 YACHT CLUB DR 2270 NW SAVIER ST APT 321 JOAN D ROCKWALL, TX 75032 PORTLAND, OR 97210 123 CENTRAL AVE ASHLAND, OR 97520 PA-T1-2019-00062 391 E04CC 4200 PA-T1-2019-00062 391 E04CC 8400 PA-T1-2019-00062 391 E04CC 4400 SILBOWITZ ALFRED INIRGINIA TRAVISANO JOSEPH A VAN AKEN LOIS E TRUSTEE ET AL 1601 E NEVADA ST 155 CENTRAL AVE 140 CENTRAL AVE ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2019-00062 391 E04 CC 4100 PA-T1-2019-00062 391 E09BB 1200 PA-T1-2019-00062 391 E04CC 3900 VAN DE VELDE BEN WARREN FAMILY LTD PARTNERSP WELLS G GREELEY JR 168 WAGNER BUTTE RD 132 N MAIN ST 5253 CARBERRY CREEK RD TALENT, OR 97540 ASHLAND, OR 97520 JACKSONVILLE, OR 97530 PA-T1-2019-00062 PA-T1-2019-00062 160 N Main SUE JONESISANDI SHELL ROGUE PLANNING & DEVELOPMENT NOC 5131119 160 N. MAIN ST, UNIT ##1 33 N. CENTRAL, #213 29 ASHLAND, OR 97520 MEDFORD, OR 97501 ZONING PERMIT APPLICATION Planning. Division 51 Whiburn Way, Ashland O 07520 ~ ~ " ~ ~ ~ ~ ' r I T T Or 541-458-5305 Pax 541-4$8-6006 SJ- >r ND DESCRIPTION OF PROJECT,, 21 DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? CI YES 1A NO Street Address Assessor's Map No. 39 1 E Tax Let(s) t y Zoning Comp Plan Designation► t'> VM p~t~ APPLICANT Name w ' ~ Phone Mail \ f l -1 ,_COM rti Cite 1 Zip c - 4 " Address to 'IA I-A PROPERTY OWNER 4 Name c SO►'4 Phone -E-Mail c 1 d i fd tr 1 tTN City (bv4 ZIp V6 Address SURVEYOR ENGINEVVER ARCHITECT LANDSCAPE ARCHITECT OTHER Title 1 Name' 1 hone E-Mail ) _ " p 16vv e) Address City L Zip _G"` Title Name Phone E-Mail Address City Zip I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects,. true and correct. I understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown'or their location found to be incorrect, the owner assumes full responsibility, I further understand that if this request is subsequently contested, the burden will be on me to establish; 1) that/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 4p that all structures or improvements are property located on the ground. Failure in this regard' will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to be removed at my expense. If I have any doubts, f am advised to seek competenf professional advice and assistance. Applicant's Signature Date As ner of r perty fray ct " is re est, I have read and understood the complete application and its conseq ier cc ,n o nu ,j prope, y nor. Prope wner's S' a ure (required) Date QTobecamplele yCit5 V~ Date Received- t u Zoning Permit Type Filing Fee $ OVER Qkcon -de0plaai a ng\Form H" Andouts\Zonim.g Perna k Kppl czEn dnc 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 hold at the City Council Chambers at 1175 East Main SO, • 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. Crtcomm-devlplaaain~lForms&} do~tsl7nning PernuS Applicxtimdn I May 16,2019 Property Owner: SUS JONES SANDI SMELL 169 N Main St. Unit #1 Ashland, OR 97520 Applicant. SUS JONES 169 N Main St. Unit ##1 Ashland, OR 97520 Conditional Use Permit Application Two Unit Travelers' Accommodation Application. Travelers' Accommodation request for 1.60 N Main Street. To Whom it May Concern, This letter is written to request the Planning Department approval for a two-unit travelers' accommodation. Unit 1 is proposed as the Owner's Unit and Unit ##2 is proposed to be operated. as a short-term accommodation. The 7,405 square foot property is occupied by a historic structure that was constructed in the 1890s. The residence has been a duplex unit since 1970 based on the assessor's property notes. In the late 1980s the structure was utilized as a dentist office and an apartment unit is noted on the site plan of record. Over the many years, as part of the site development, the parking area accessed from Central Avenue, the lawn and other landscape areas were also developed. The adjacent properties to the south, east and west are zoned R-2. The properties to the north across Central Avenue are zoned R-3.. Properties further east towards downtown are zoned commercial. The uses of these properties vary from apartment type of development, single family homes, commercial uses at the Bard's Inn, churches, the former Briscoe Elementary Schaal, and oltherT'raveler's Accommodations and B & B's. The proposal is to convert one of the two units into a short-term, Traveler's Accommodation. The proposal is to operate the unit as a month to month lease for a longer-term tenant and then convert from approximatly May to October / November as a Traveler's Accommodation. 6 The business owner resides in Unit 1. The proposed Traveler's Accommodation, 16,0 N Main 5t. Unit #2, is the larger of the two units.. A.1: The proposed single unit traveler's accommodation will meet all applicable building, fire and related safety codes. There are smoke detectors and carbon monoxide detectors found in the bedrooms and living areas. A fire extinguisher is provided in the kitchen of the unit. A.2: I will maintain a city business license and pay all transient occupancy taxes. A.3: Any potential advertising will include the city planning action number assigned to land use approval. A.4: All regulations outlined in this section will be followed. B.J.: The property, at 160 N Main Street, has frontage on the boulevard,, avenue or neighborhood collector. B.2: During operation of a travelers' accommodation, the property on which the travelers' accommodation is sited will be the primary residence of the business-owner. B.3: The primary residence on the site is well over 20 years old. The historic residence was built in the 1890s. B.4: There is sufficient square footage to accommodate the travelers' accommodation. The total structure area is 1,849 square feet. Unit #1 is an 800 square foot one-bedroom unit. Unit #2 is a 1,050 square foot unit. B.5: There are three, gravel surface parking spaces with adequate backup area available from the driveway at the rear of the property. The parking area was created when the property was previously utilized as a dental office and apartment, then a Travelers Accommodation and apartment. The downstairs unit as a two-bedroom apartment requires 1.75 parking spaces. The other unit requires one space for a total of 2.75. The total required parking area for the use of the property as a Traveler's Accommodation, is provided for on-site. No changes to the parking layout is proposed. B.6: The signage would consist of the address number affixed to the wall of the apartment and no other signs will be displayed. B.7: An annual inspection by the Jackson County Health Department will be conducted as required by the laws of Jackson County or the State of Oregon. Based on initial discussions, the number of occupants is limited to six or less, and no foods are going to be prepared by the property owner for the guests, so no special inspections required. Ra B.8: No sale of this property is anticipated and if the property ever does sell, the new owners will need to conform with the criteria of this section. 18.5.4 Conditional Use Permits (General) 18.104.50 Approval Criteria A. Approval Criteria. A Conditiionall 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 City, State, of Federal law or program. A: Zane: The property is zoned R-2 (Low Density Multi -Family Residential).. The building on this property is a large, historic, duplex residence. The unit is walking distance to downtown close to OSF, restaurants and parks, making it a natural for the use we are proposing. The unit is too large for the property owner to live in and the apartment is a goad size. Landscaping on the site is existing with mature existing trees. Some of the income generated by the rental will be dedicated to the yard maintenance. No major investment is expected. R: The proposal complies with applicable overlay zone requirements. The structure is a historic, contributing residence. The structure is very old and requires a substantial financial investment to keep the building is a habitable condition. After many years of investment, the property owner completed a cosmetic remodel. The ability to re-coup some of the expenses more quickly, allows for the property owner to keep, and maintain the property in a manner befitting a many more decades of existence. C: The proposal complies with the applicable Site Development and Design Standards. There is parking area at the rear that is accessed from Central Avenue. The parking area is gravel and was installed with previously approved uses of the property. There are no changes to the property proposed. The site plan provided demonstrates that three vehicles can park upon the property in the gravel surface area without the need to move other vehicles on the property. The trash / recycle cans are to be kept behind the fenced area until trash day where they are taken to the curb. The property has historically parked bicycles on the site on the porch and to the rear of the residence. They are provided a secure location. 2: 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. Public transportation is located within a I few yards of the property. There are connected sidewalk systems on the frontage of the property, through the property and connected to the transportation system. 3. That the conditional use will have no greater adverse material effect on the livability of the impact area. a. "Similarity in scale, build and coverage," Setbacks.. There are no changes to the existing setbacks. Height. There are no changes to the existing structures. Coverage. There are no changes to the existing lot coverage. b. "Generation of traffic and effects on surround streets. Increases in pedestrian, bicycle and mass transit are considered beneficial regardless of capacity of facilities." Marketing of the unit will emphasize a "walking distance to town" experience. The unit is a approximatly 1,000 feet from the plaza and can accommodate a family or a small group during the same periods the hotels have little to no availability. c. "Architectural compatibility" No Changes d. "Air quality, including the generation of dust, odors, or other environmental pollutants." As stated, the travelers' accommodation will emphasize a'walking distance to town" experience. There will be no additional impact, and possibility reduced impact because of reduced occupancy, than a long-term rental. e. "Generation of noise, light and glare". There will be no additional impact, and possibility of reduced impact because of reduced occupancy, than a long-term rental has on the impact area. f. The development of adjacent properties should not be impacted by the use of the structure. g. The unit at 160 N Main 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 to the neighborhood. I hope it is well suited for family gatherings with children and pets. The proposed Traveler's Accommodation is a large, single family residence located on a busy thoroughfare. The unit has a high-demand as Traveler's Accommodations due to lack of "family i style" units (mare than one or two sleeping roams). The property owner has owned since 1996 and looks forward to having an additional rental stream from the property. There are, as of July 11, 2018, 116 advertised rental units available or soon to be available in Ashland, of those, 40 are three or more bedrooms. This indicates that there are available units that are similar in size and use of the ground floor unit as a Traveler's Accommodation vacation rental during the tourist season, and will not have a substantial negative impact on the number of rental units. It is our understanding that the tourism industry is in need of a boost after three years of wildfire impacts to businesses. Having enough vacation rentals and other accommodation types to provide for the needed accommodations makes Ashland's economy more resilient (there are multi-story hotels being constructed rapidly on the south side of the Medford to accommodate traveler's). Thank you for your consideration. Sincerely, sal es r 7 May 16, 2019 Property Owner: SUE JONES SANDI SHELL 160 N Main St. Unit #1 Ashland, OR 97520 Applicant: SUE JONES 160, N Main St. Unit #1. Ashland, OR 97520 Conditional Use Permit Application Two Unit Travelers' Accommodation Application: Travelers' Accommodation request for 160 N Main Street. To Whom it May Concern, This letter is written to request the Planning Department approval for a two-unit travelers' accommodation. Unit #1 is proposed as the Owner's Unit and Unit #2 is proposed to be operated as a short-term accommodation, The 7,405 square foot property is occupied by a historic structure that was constructed in the 100s. The residence has been a duplex unit since 1970 based on the assessor's property notes. In the late 1986s the structure was utilized as a dentist office and an apartment unit is noted on the site plan of record. Over the many years, as part of the site development, the parsing area accessed from Central Avenue, the lawn and other landscape areas were also developed. The adjacent properties to the south, east and west are zoned R-2. The properties to the north across Central Avenue are zoned R-. Properties further east towards downtown are zoned commercial. The uses of these properties vary from apartment type of development, single family homes, commercial uses at the Bard's Inn, churches, the former Briscoe Elementary School, and other Traveler's Accommodations and B & B's. The proposal is to convert one of the two units into a short-term, Traveler's Accommodation. The proposal is to operate the unit as a month to month lease for a longer-term tenant and then convert from approximatly May to October d November as a Traveler's Accommodation. r i The business owner resides in Unit #1. The proposed Traveler's Accommodation, 160 N Main St. Unit #2, is the larger of the two units. A.1: The proposed single unit traveler's accommodation will meet all applicable building, fire and related safety codes. 'There are smoke detectors and carbon monoxide detectors found in the bedrooms and living areas. Afire extinguisher is provided in the kitchen of the unit. A.2`. I will maintain a city business license and pay all transient occupancy taxes. A.3: Any potential advertising will include the city planning action number assigned to land use approval. A.4 All regulations outlined in this section will be followed. 8.1: The property, at 160 N Main Street, has frontage on the boulevard, avenue or neighborhood collector. 8.2: During operation of a travelers' accommodation, the property on which the travelers' accommodation is sited will be the primary residence of the business-owner. 8.3: The primary residence on the site is well over 20 years oldl. The historic residence was built in the 1890s. 8.4: There is sufficient square footage to accommodate the travelers' accommodation. The total structure area is 1,849 square feet. Unit #1 is an 800 square foot one-bedroom unit. Unit #2 is a 1,050 square foot unit. 8.5: There are three, gravel surface parking spaces with adequate backup area available from the driveway at the rear of the property. The parking area was created when the property was previously utiliiaed as a dental office and apartment, then a Travelers Accommodation and apartment. The downstairs unit as a two-bedroom apartment requires 1.75 parking spaces. The other unit requires one space for a total of 2.75. The total required parking area for the use of the property as a Traveler's Accommodation, is provided for on-site. No changes to the parking layout is proposed. 6.6: The signage would consistof the address number affixed to the wall of the apartment and no other signs will be displayed. 8.7: An annual inspection by the Jackson County Health Department will be conducted as required by the laws of Jackson County or the State of Oregon. Based on initial discussions, the number of occupants is limited to six or less, and no foods are going to be prepared by the property owner for the guests, so no special inspections required. B.8: No sale of this property is anticipated and if the property ever does sell, the new owners will need to conform with the criteria of this section. 18.5.4 Conditional Use Permits (General) 18.104.50 Approval Criteria A. Approval Criteria. A Conditional Use Permit shall be granted if the approval authority finds that the application meets all of the fallowing 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 City, State, of Federal law or program. A: Zone: The property is zoned R_Z (Low Density Multi --Family Residential). The building on this property is a large, historic, duplex residence. The unit is walking distance to downtown close to GSF, restaurants and parks, making it a natural for the use we are proposing. The unit is too large for the property owner to live in and the apartment is a good size. Landscaping on the site is existing with mature existing trees. Some of the income generated by the rental will be dedicated to the yard maintenance. No major investment is expected. B: The proposal complies with applicable overlay zone requirements. The structure is a historic, contributing residence. The structure is very old and requires a substantial financial investment to keep the building is a habitable condition. After many years of investment, the property owner completed a cosmetic remodel. The ability to re-coup some of'the expenses more quickly, allows for the property owner to keep, and maintain the property in a manner befitting a many more decades of existence. C: The proposal complies with the applicable Site Development and Design Standards. There is parking area at the rear that is accessed from Central Avenue. The parking area is gravel and was installed with previously approved' uses of the property. There are no changes to the property proposed. The site plan provided demonstrates that three vehicles can park upon the property in the gravel surface area without the need to move other vehicles on the property. The trash / recycle cans are to be kept behind the fenced area until trash day where they are taken to the curb. The property has historically parked bicycles on the site on the porch and to the rear of the residence. They are provided a secure location. : City Facilities. The proposal complies with the applicable standards in section 18.4.0 Public Facilities, and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property. Public transportation is located within a I few yards of the property. There are connected sidewalk systems on the frontage of the property, through the property and connected to the transportation system. 3. That the conditional use will have no greater adverse material effect on the livability of the impact area. a. "Similarity in scale, build and coverage," Setbacks. There are no changes to the existing setbacks. Height, There are no changes to the existing structures. Coverage: There are no changes to the existing lot coverage. b. "Generation of traffic and effects on surround streets. Increases in pedestrian, bicycle and mass transit are considered beneficial regardless of capacity of facilities." Marketing of the unit will emphasize a "walking distance to town" experience. The unit is a approximatly 1,0013 feet from the plaza and can accommodate a family or a small group during the same periods the hotels have little to no availability. c. "Architectural compatibility" No Changes d. "Air quality, including the generation of dust, odors, or other environmental pollutants." As stated, the travelers' accommodation will emphasize a'walking distance to town" experience. There will be no additional impact, and possibility reduced impact because of reduced occupancy, than a long-term rental. e. "Generation of noise, light and glare". There will be no additional impact, and possibility of reduced impact because of reduced occupancy, than a long-term rental has on the impact area. f. The development of adjacent properties should not be impacted by the use of the structure. g. The unit at 160 N Main 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 to the neighborhood. I hope it is well suited for fancily gatherings with children and pets. The proposed Traveler's Accommodation is a large, single family residence located on a busy thoroughfare. The unit has a high-demand as Traveler's Accommodations due to lack of "family I 1 style" units (more than one or two sleeping roams),. The property owner has owned since 1996 and looks forward to having an additional rental stream from the property. There are, as of July 11, 2018, 115 advertised rental units available or soon to be available in Ashland, of those, 40 are three or more bedrooms. This indicates that there are available units that are similar in size and use of the ground floor unit as a Traveler's Accommodation vacation rental during the tourist season, and will not have a substantial negative impact on the number of rental units. It Is our understanding that the tourism industry is in need of a boost after three years of wildfire impacts to businesses. Having enough vacation rentals and other accommodation types to provide for the needed accommodations makes Ashland's economy more resilient (there are multi-story hotels being constructed rapidly on the south side of the Medford to accommodate traveler's). Thank you for your consideration. Sincerely, *aJ es q ~ l - m 01 .4. m M O M N N a-I M N J CL1 Q o O N f~Y1 h M r 0 u W W z v e z ¢ e f7 two Joy zed= Z Q V ~ z tf1 N ~ ~ i X H Q o F ® ® rM4 W W May 16, 2019 Property Owner: SIDE JONES SANDI SHELL 160 N Main St. Unit #1 Ashland, OR 97520 Applicant: SUE JONES 160 N Main St. Unit #1. Ashland, OR 97520 Conditional Use Permit Application Two, Unit Travelers' Accommodation Application, Travelers" Accommodation request for 160 N Main Street. To Whom it May Concern, This letter is written to request the Planning Department approval for a two-unit travelers' accommodation. Unit #1 is proposed as the Owner's Unit and Unit #2 is proposed to be operated as a short-term accommodation. The 7,405 square foot property is occupied by a historic structure that was constructed in the 1890s. The residence has been a duplex unit since 1970 based on the assessor's property notes, In the late 1980s the structure was utilized as a dentist office and an apartment unit is noted on the site plan of record. Over the many years, as part of the site development, the parking area accessed from Central Avenue, the lawn and other landscape areas were also developed. The adjacent properties to the south, east and west are zoned IR-2. The properties to the north across Central Avenue are zoned R-3. Properties further east towards downtown are zoned commercial. The uses of these properties vary from apartment type of development, single family homes, commercial uses at the Bard's Inn, churches, the former Briscoe Elementary School, and other Traveler's Accommodations and B & B's. The proposal is to convert one of the two units into a, short-term, Traveler's Accommodation. The proposal is to operate the unit as a month to month lease for a longer-term tenant and then convert from approximatly May to October j November as a Traveler's Accommodation. i The business owner resides in Unit #1. The proposed Traveler's Accommodation, 160 N Main St. Unit ##2, is the larger of the two units. A.1: The proposed single unit traveler's accommodation will meet all applicable building, fire and related safety codes. There are smoke detectors and carbon monoxide detectors found in the bedrooms and living areas. A fire extinguisher is provided in the kitchen of the unlit. A.2: I will maintain a city business license and pay all transient occupancy taxes. A.3: Any potential advertising will include the city planning action number assigned to land use approval. A.4: All regulations outlined in this section will be followed. B.1: The property, at 160 N Main Street, has frontage on the boulevard, avenue or neighborhood collector. B.2: During operation of a travelers' accommodation, the property on which the travelers' accommodation is sited will be the primary residence of the business-owner. B.3: The primary residence on the site is well over 20 years old. The historic residence was built in the 1890s. B.4: There is sufficient square footage to accommodate the travelers' accommodation. The total structure area is 1,849 square feet. Unit 1 is an 800 square foot one-bedroom unit. Unit #2 is a 1,050 square foot unit,. B.5: There are three, gravel surface parking spaces with adequate backup area available from the driveway at the rear of the property. The parking area was created when the property was previously utilized as a dental office and apartment, then a Travelers Accommodation and apartment. The downstairs unit as a two-bedroom apartment requires 1.75 parking spaces. The other unit requires one space for a total of 2.75. The total required parking area for the use of the property as a Traveler's Accommodation, is provided for on-site. No changes to the parking layout is proposed. B.6: The signage would consistof the address number affixed to the wall of the apartment and no other signs will be displayed. B.7: An annual inspection by the Jackson County Health Department will be conducted as required by the laws of Jackson County or the State of Oregon. Based on initial discussions, the number of occupants is limited to six or less, and no foods are going to be prepared by the property owner for the guests, so no special inspections required. B.8: No sale of this property is anticipated and if the property ever does sell, the new owners will need to conform with the criteria of this section. 18.5.4 Conditional Use Permits (General) 18.104.50 Approval Criteria A. Approval Criteria. A Conditional Use Kermit 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 City, State, of Federal law or program.. A: Zone: The property is zoned R-2 (Low Density Mlulti -Family Residential). The building on this property is a large, historic, duplex residence. The unit its walking distance to downtown close to CISF, restaurants and parks, making it a natural for the use we are proposing. The unit is too large for the property owner to live in and the apartment is a good size. Landscaping on the site is existing with mature existing trees. Some of the income generated by the rental will be dedicated to the yard maintenance. No major investment is expected. R: The proposal complies with applicable overlay zone requirements. The structure is a historic, contributing residence. The structure is very old and requires a substantial financial investment to keep the building is a habitable condition. After many years of investment, the property owner completed a cosmetic remodel. The ability to re-coup some of the expenses more quickly, allows for the property owner to keep, and maintain the property in a manner befitting a many more decades of existence. C: The proposal complies with the applicable Site Development and Design Standards. There is parking area at the rear that is accessed from Central Avenue. The parking area is gravel and was installed with previously approved uses of the property. There are no changes to the property proposed. The site plan provided demonstrates that three vehicles can park upon the property in the gravel surface area without the need to move other vehicles on the property. The trash / recycle cans are to be kept behind the fenced area until trash day where they are taken to the curb.. The property has historically parked bicycles on the site on the porch and to the rear of the residence. They are provided a secure location. 2: City Facilities. The proposal complies with the applicable standards in section Public Facilities, and that adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the property. Public transportation is located within a few yards of the property. There are connected sidewalk systems on the frontage of the property, through the property and connected to the transportation system. 3. That the conditional use will have no greater adverse material effect on the livability of the impact area. a, "Similarity in scale, buiild and coverage,," Setbacks: There are no changes to the existing setbacks,. Height: There are no changes to the existing structures. Coverage: There are no changes to the existing lot coverage. b. "Generation of traffic and effects on surround streets. Increases in pedestrian, bicycle and mass transit are considered beneficial regardless of capacity of facilities." Marketing of the unit will emphasize a "walking distance to town" experience. The unit is a approximatly 1,000 feet from the plaza and can accommodate a family or a small group during the same periods the hotels have little to no availability. c. "Architectural compatibility" No Changes d. "'Air quality, including the generation of dust, odors, or other environmental pollutants." As stated, the travelers' accommodatiion will emphasize a'walking distance to town" experience. There will be no additional impact, and possibility reduced impact because of reduced occupancy, than a long-term rental. e. "Generation of noise, light and glare"There will be no additional impact, and possibility of reduced impact because of reduced occupancy, than a long-term rental has on the impact area. f. The development of adjacent properties shouild not be impacted by the use of the structure. g. The unit at 160 N Main 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 to the neighborhood. I hope it is well suited for family gatherings with children and pets. The proposed Traveler's Accommodation is a large, single family residence located on a busy thoroughfare. The unit has a high-demand as Traveler's Accommodations due to lack of "family I' 1 style" units (more than one or two sleeping rooms). The property owner has owned since 1996 and looks forward to having an additional rental stream from the property. There are, as of July 1.1, 2018, 115 advertised rental units available or soon to be available in Ashland, of those, 40 are three or more bedrooms. This indicates that there are available units that are similar in size and use of the ground floor unit as a Traveller's Accommodation vacation rental during the tourist season, and will not have a substantial negative impact on the number of rental units. It is our understanding that the tourism industry is in need of a boost after three years of wildfire impacts to businesses. Having enough vacation rentals and other accommodation types to provide for the needed accommodations makes Ashland's economy more resilient (there are multi-story hotels being constructed rapidly on the south side of the Medford to accommodate traveler°s). Thank you for your consideration. Sincerely, _S *a. es x:11 ! ~f (.0 IV Uy H °~t+ma 4. ~i ; A c ~ ttr ~ t i I } sa ~y7 . r1 (1 i 1 160 ~VohrlV MA/,V f. u I City of Ashla. ed 20 E BUSINESS REGISTRATION ~Ialr~ ~t. Ashland, OR 97520 Expiration Date 06,130/2019 a Business Account ID Thus is a registration only. It is the sole responsibility of the applicant to ensure compliance 152 with all applicable federal, state, and local laws, ordinances, or regulations, Renewal fees will automatically apply each year can July 1 unless the City Is notified that you are no longer doing Business Location business In Ashland. 160 N MAIN ST HOUND'S LANDING ASHLAND, OR 97520 HOUND'S LANDING 716 RILEY RIB EAGLE POINT, OR 97524 2u 1 9 POST IN A CONSPICUOUS PLACE NON-TRANSFERABLE City of Ashland Community Development Department PERMIT NUMBER 51 Winburn Way PA-T1-2019-00062 Ashland, OR 97520 Apply Date: 511712019 Telephone: 541-488-5305 Inspection Line: 541-552-2080 Plan Type: Type I Planning Action Work Class: Type I Planning Action Ma & :Tax Lot Pro ert Address 391 E04CC8500 160 N Main St 1 Owner information Appiicant information Owner: Sue Jones Applicant: Rogue Planning and Development Owner 160 N Main St 1 Applicant 33 N Centra[ Ave 213 Address: Ashland, OR 97520 Address: Medford, OR 97501 Phone: (541) 840-0288 Phone: (541) 951-4020 Project Description Traveler's Accom Fees Fee Description: Amount: Other Type l planning review $1,071,00 Applicant: Date: ITotal Fees:- $1,071.00