HomeMy WebLinkAboutThird_N_119_PA-T1-2019-00042CITY OF
ASHLAND
February 28, 2019
Notice of Final Decision
On February 28, 2019, the Community Development Director approved the request for the
following:
Planning Action: PA-T1-2019-00042
Subject Property: 119 Third Street
Applicant: Michael and Kimberly Hoyt
Description: A request for a Conditional Use Permit and Site Review to allow a short-
term rental of the existing detached quest cottage at the rear of the property as an Accessory
Traveler's Accommodation. COMPREHENSIVE PLAN DESIGNATION: Multi -Family
Residential; ZONING: R-2; ASSESSOR'S MAP: 39 1E 09BA; TAX LOT: 8700
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 met prior to project
completion.
The application, all associated documents and evidence submitted, and the applicable criteria are
available for review at the Ashland Community Development Department, located at 51
Winburn Way. Copies of file documents can be requested and are charged based on the City of
Ashland copy fee schedule.
Prior to the final decision date, anyone who was mailed this Notice of Final Decision may
request a reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO)
18.5.1.050(F) and/or file an appeal to the Ashland Planning Commission as provided in ALUO
18.5.1.050(G). The ALUO sections covering reconsideration and appeal procedures are attached.
The appeal may not be made directly to the Oregon Land Use Board of Appeals.
If you have any questions regarding this decision, please contact Brandon Goldman in the
Community Development Department at (541) 488-5305.
cc: Parties of record and property owners within 200 ft
COMMUNRY DEVELOPMENT DEPARTMENT TeL 541-488.5305
51 land, O Way Fax; BDO-7 5-29 �'
Rshland, Oregon 97520 TTY: 800-735-290D
www.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.
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 wade by providing evidence to the Staff Advisor that a factual error occurred through no
fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision.
Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence
during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity
to respond to the issue prior to making a decision.
2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall
decide within three days whether to reconsider the matter.
3. If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the
decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse
the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any
party entitled to notice of the planning action.
4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the
reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration.
G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following:
1. Who May Appeal. The following persons have standing to appeal a Type I decision.
a. The applicant or owner of the subject property.
b. Any person who is entitled to written notice of the Type 1 decision pursuant to subsection
18.5.1.0503.
e. 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 ofNotice ofAppeal. The notice of appeal shall be accompanied by the required filing fee and shall contain.
i. An identification of the decision being appealed, including the date of the decision.
ii. A statement demonstrating the person filing the notice of appeal has standing to appeal.
iii. A statement explaining the specific issues being raised on appeal.
iv. A statement demonstrating that the appeal issues were raised during the public comment period.
d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a
jurisdictional defect and will not be heard or considered.
3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before the
Planning Commission. The appeal shall not be limited to the application materials, evidence and other documentation,
and specific issues raised in the review leading up to the Type I decision, but may include other relevant evidence and
arguments. The Commission may allow additional evidence, testimony, or argument concerning any relevant
ordinance provision.
4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type II public hearing procedures,
pursuant to section 18.5.1.060, subsections A — E, except that the decision of the Planning Commission is the final
decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the
adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of
Appeals, pursuant to ORS 197.805 - 197.860.
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541.488-W5
51 Winburn O Way Fax: 541-52 0 ���
Ashland, n3gon 91520 TTY: 8{1D 735-29-2900
�vww.ashIand.or.us
ASHLAND PLANNING DEPARTMENT
FINDINGS & ORDERS
PLANNING ACTION: PA-T1-2019-00042
SUBJECT PROPERTY: 119 Third Street
APPLICANT/OWNER: Michael and Kimberly Hoyt
DESCRIPTION: A request for a Conditional Use Permit and Site Review to allow a short-
term rental of the existing detached quest cottage at the rear of the property as an Accessory Traveler's
Accommodation.
COMPREHENSIVE PLAN DESIGNATION: Multi -Family Residential; ZONING: R-2;
ASSESSOR'S MAP: 39 lE 09 BA; TAX LOT: 8700.
SUBMITTAL DATE:
January 30, 2019
DEEMED COMPLETE DATE:
February 8, 2019
STAFF APPROVAL DATE:
February 28, 2019
DEADLINE TO APPEAL (4:30 p.m.):
March 13, 2019
FINAL, DECISION DATE:
March 14, 2019
APPROVAL EXPIRATION DATE:
September 13, 2020
DECISION
Subject Property
The subject property is located on the west side of Third Street between B Street and C Street. The
surrounding neighborhood is comprised of single-family homes and multi -family developments on multi-
family zoned properties. The subject property is zoned Low -Density, Multi -Family Residential (R-2). The
zoning to the north, east, south and west of the subject property is R-2.
The subject property is 0.12 acres. The site is occupied by a 1294 square -foot single family residence and
420 square -foot. detached accessory building, or guest cottage, at the rear of the property. The guest
cottage is proposed to be converted into an Accessory Traveler's Accommodation. This structure was
previously utilized as a traveler's accommodation as part of a larger bed and breakfast when the property
was under the ownership of the adjacent property owner at 111 Third Street (PA#1997-00046). The
subject property is located firrther than 200' from the nearest arterial street (Lithia Way), and therefore the
property is not eligible to be used as a traveler's accommodation with cooping facilities. However, as the
detached accessory building does not have a kitchen, it is eligible to be used as an Accessory Traveler's
Accommodation (ATA) with approval of a conditional use permit,
The exterior of the residence and detached accessory building are not proposed to be changed.
A Conditional Use Permit is requested to operate the Accessory Traveler's Accommodation on -site.
Conditional Use Permit
The application is required to meet the special use standards for an Accessory Travelers' Accommodation
in AMC 18.2.3.220 and the approval criteria for a Conditional Use Permit in AMC 18.5.4.050.
An Accessory Travelers' Accommodation is an allowed use in the R-2 zone if it meets the Special Use
Standards. That criteria requires that the operator of the accessory traveler's accommodation must be the
PA-T1-2018-00042
119 Third St./ bg
Pace 1
property owner and the property must be the operator's primary residence. This is met; the applicant is
the property owner and resides primarily at 119 Third Street, the single-family residence on the property.
The property is limited to one Accessory Traveler's Accommodation unit, covered under a single
reservation and consisting of two or fewer bedrooms. The applicant is aware of this requirement and
intends to utilize the converted accessory building as one reservation, The accessory building is a 420
square -foot studio and the space complies with the requirement that it consist of two or fewer bedrooms.
The property must have two off-street parking spaces, and it has a three fully improved parking spaces
located adjacent to the rear alley. The applicant has indicated guests will be limited to one vehicle. Signs
are not permitted in conjunction with the operation of an accessory travelers' accommodation, and the
applicant has indicated no signs will be used. Meals are not allowed to be provided and kitchen cooking
facilities are not permitted. A condition has been added to ensure that no kitchen cooking facilities are
installed in the accessory building unless the building is converted into an accessory residential unit
through a separate Conditional Use Permit in the future.
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 one dwelling unit
and potentially one accessory dwelling unit. The proposed Accessory Traveler's Accommodation and
residential uses are similar in number of vehicle trips. The site's location is near both downtown and the
Railroad District, with shopping and retail nearby, and allows for pedestrian and bicycling to nearby
amenities. The Accessory Traveler's Accommodation will not affect the development of adjacent
properties.
The application complies with all of the applicable provisions of the R-2 zoning district, the Special Use
Standards AMC 18.2.3.220 and the Conditional Use 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 18,5A, are subject to Site Design Review under chapter 18.5.2, and shall meet
the following requirements. See definitions of travelers' accommodation and accessory travelers' accommodation in
part 18-6.
A. Travelers' Accommodations and Accessory Travelers' Accommodations. Travelers' accommodations
and accessory travelers' accommodations shall meet all of the following requirements.
1. An accommodation must meet all applicable building, fire, and related safety codes at all times and must
be inspected by the Fire Department before occupancy following approval of a Conditional Use Permit
and periodically thereafter pursuant to AMC 15.28.
2. The business -owner of a travelers' accommodation or the property owner of an accessory travelers'
PA-T1-2018-00042
119 Third StJ bg
Page 2
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.
C. Accessory Travelers' Accommodations. In addition to the standards in section 18.2.3.220.A,
accessory travelers' accommodation shall meet all of the following requirements.
1. The operator of the accessory traveler's accommodation must be the property owner and the property must
be the operator's primary residence. The operator must be present during operation of the accessory
travelers' accommodation.
2. The property is limited to having one accessory travelers' accommodation unit, covered under a single
reservation and consisting of two or fewer bedrooms. Meals are not provided and kitchen cooking facilities
are not permitted with an accessory travelers' accommodation, with the exception of kitchen cooking facilities
for the primary residence.
3. The total number of guests occupying an accessory travelers' accommodation must not exceed two people
per bedroom.
4. The property must have two off-street parking spaces. The total number of guest vehicles associated with
the accessory travelers' accommodation must not exceed one.
5. Signs are not permitted in conjunction with the operation of an accessory travelers' accommodation.
A Conditional Use Permit shall be granted if the approval authority finds that the application meets
all of the 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
PA-T1-2018-00042
119 Third St.1 bg
D. - '1
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 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-Cl. The general light industrial uses listed in chapter 183.2 Croman Mill District, developed at an
intensity of 0.50 gross floor to area ratio, complying with all ordinance requirements.
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.
In staff s assessment, the application with the attached conditions complies with applicable ordinances
and meets all required criteria.
Planning Action #T1-2018-00042 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 #T1-
2018-00042 is denied. The following are the conditions and they are attached to the approval:
1) That the Accessory 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 the applicants shall obtain and maintain a city business license and register for and pay all
transient occupancy tax as required in AMC 4.24 and AMC 6.04 prior to the operation of the
Accessory Travelers' Accommodation.
3) That the subject property shall remain the primary residence of the applicants as business -owners,
and evidence of primary residence (i,e. valid 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.
4) That the applicants sign a no -kitchen agreement for the accessory building being used as the
Accessory Traveler's Accommodation prior to the issuance of a business license as required in
AMC section 18.2.3.220.C.
PA-T1-2018-00042
119 Third St / bg
Page 4
5) That any advertisement for the Accessory Travelers' Accommodation unit must include the City
Action number assigned to this city land use approval.
Community Development Director
Z),,- /Z-,o
Dafe I
PA-T1-2018-00042
114 Third St./ bg
Pate 5
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 February 28, 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 #T1-2019-00042, 119 Third Street.
,"Signature of Empl'&yee
CAUsemtsnithda AFNHBDesktopWA0AVIT OF MAILING ds.dou 2012019
PA-T 1 -2019-0004 2 391 E09BA 6700
ADAMS JUSTINRIPETERSON-ADAMS
MIRA B
426 B ST
ASHLAND, OR 97520
PA-T1-2019-00042 391 E09BA 6500
DEMARINIS SUSAN K TRUSTEE ET AL
145 NORMAL AVE
ASHLAND, OR 97520
PA-T1-2019-00042 391 E09BA 9300
FIRST CHRISTIAN CHURCH
EINSTAD BARBARA (TREAS)
207 VISTA ST
ASHLAND, OR 97520
PA-T1-2019-00042 391 E09BA 6200
HARRELL BRUCE C/O AMIE KRICHMAN
338 B ST
ASHLAND, OR 97520
PA-T1-2019-00042
HOYT MICHAEL TRUSTEE ET AL
200 HELMAN STREET
ASHLAND, OR 97520
PA-T1-2019-00042 391 E098A 8400
LURLINE LLC
26929 BELLFOUNTAIN RD
MONROE, OR 97456
PA-T1-2019-00042 391 E09BA 8600
PATRICK HARLEY BEAUMONT TRUSTEE
72 DEWEY ST
ASHLAND, OR 97520
PA-T1-2019-00042 391 E09BA 8900
SECOND SPRING PROPERTY LLC
ROOD DUDLEY
108N2ND ST
ASHLAND, OR 97520
PA-T 1 -2019-00042 391 E09BA 6600
TARDIFF PETER J TRUSTEE ET AL
386 B ST
ASHLAND, OR 97520
PA-T1-2019-00042
Rogue Planning & Development Amy
Gunter
33 Central Ave Ste 213
Medford, OR 97501
PA-T1-2019-00042 391 E09BA 9000
ALLEN DAVID SIDAWN A
120 N 2ND ST
ASHLAND, OR 97520
PA-T1-2019-00042 391 E09BA 8500
ETIENNE ROBERT P TRUSTEE ET AL
143 N 3RD ST
ASHLAND, OR 97520
PA-T1-2019-00042 391 E09BA 8000
FITZGERALD MARTHA D
114 N 3RD ST
ASHLAND, OR 97520
PA-T1-2019-00042 391 E09BA 6400
HARRER DAVID J TRUSTEE ET AL
366 B ST
ASHLAND, OR 97520
PA-T1-2019-00042 391 E09BA 8001
LANG PHILIP C TRUSTEE ET AL
758 B ST
ASHLAND, OR 97520
PA-T 1 -2019-00042 391 E09BA 9200
ASHLAND VILLAGE COTTAGES INC
PO BOX 3064
ASHLAND, OR 97520
PA-T 1 -2019-00042 391 E09BA 6100
FIRST CHRISTIAN CH/ASHLAND
318 B ST
ASHLAND, OR 97520
PA-T1-2019-00042 391 E09BA 9100
FOUNTAIN STACY ET AL
136 N 2ND ST
ASHLAND, OR 97520
PA-T1-2019-00042 391E09BA 8700
HOYT MICHAEL TRUSTEE ET AL
119 N THIRD ST
ASHLAND, OR 97520
PA-T1-2019-00042 391 E09BD 1800
LEMANNE DAWN TRUSTEE ET AL
435 GRANITE ST
ASHLAND, OR 97520
PA-T1-2019-00042 391 E09BA 8200 PA-T1-2019-00042 391 E09BA 8800
MCINTYRE MARTHA M TRUSTEE ET AL OLSON DONALD MAX CO -TRUSTEE
58 FOURTH ST 111 N 3RD ST
ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2019-00042 391 E09BA 8300
PRITZKER STEVEN R LIVING TRUST
1477 5TH AVE
SAN FRANCISCO, CA 94122
PA-T1-2019-00042 391E09BD 80001
SLATTERY DENNIS ET AL
94 N 3RD ST
ASHLAND, OR 97520
PA-T1-2019-00042 391 E09BA 8101
WEISSHAAR DANA
112 PEACH WILLOW CT
LOS GATOS, CA 95032
119 Third St
2-28-19 NOD
28
PA-T1-2019-00042 391E09BD 1801
RANDOLPH HAYS LLC
PO BOX 1220
MEDFORD, OR 97501
PA-T1-2019-00042 391 E09BA 8100
SPEICHER GWEN E
138 N 3RD ST
ASHLAND, OR 97520
PA-T1-2019-00042 391 E09BA 6300
WHITALL RICHARD L. TRUSTEE
75 INTERNATIONAL BLVD
SONOMA, CA 95476
Planning Department, 51 Winoun i Way, Ashland, Oregon 97520 CITY OF
541-488-5305 Fax:541-652-2050 www.ashland.or.us TTY:1-800-735-2900 -ASHLAND
NOTICE OF APPLICATION
PLANNING ACTION: PA-T 1 -2019-00042
SUBJECT PROPERTY: 119 Third Street
OWNER/APPLICANT.- Michael and Kimberly Hoyt/ Rogue Planning and Development Services
DESCRIPTION: A request for a Conditional Use Permit and Site Review to allow a short-term rental of the
existing detached quest cottage at the rear of the property as an Accessory Traveler's Accornmodation.
COMPREHENSIVE PLAN DESIGNATION: Multi -Family Residential; ZONING: R-2; ASSESSOR'S
MAP: 39 lE 0913A; TAX LOT: 8700
NOTICE OF COMPLETE APPLICATION: February 8, 2019
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: February 22,2019
The Ashland Planning Division Staff has received a complete application for the property noted above.
Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn Way,
Ashland!, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above,
Ashland Planning Division Staff determine if a Land Use application is complete within 30 days of submittal Upon determination of completeness, a notice
is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the comment period
and not snore than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the application. A notice
of decision is mailed to the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staffs decision must
be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC 18,5A050.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 condiflons of approval with sufficient specificity
to allow this Department to respond to the issue precludes an action for damages in circuit court.
A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be
provided at reasonable cost, if requested. All materials are available at the Ashland Planning Division, Community Development & Engineering Services
BuRding, 51 Winburn Way, Ashland, Oregon 97520.
if you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-6305
ActioxONcticing MderV failed Notices & Signs1201941A-1'1-2019-00042 docx
SITE DESIGN AND USE STANDARDS
18.52050
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 183),
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 18A.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.
S. 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 WHI! 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.
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.
L 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.
a. 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 1825 Standards for Residential Zones.
c. R-2 and R-3. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential
Zones.
d. C-1. The general retail commercial uses listed in chapter 1822 Base Zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio,
complying with all ordinance requirements; and within the Detailed Site Review overlay, at an, intensity of 0.50 floor to area ratio, complying with all
ordinance requirements,
e. C-1-D. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 1,00 gross floor to area
ratio, complying with all ordinance requirements.
f. E-1. The general office uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio, complying
with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance
requirements.
g. M-1. The general light industrial uses listed in chapter 1822 Base Zones and Allowed Uses, complying with all ordinance requirements.
h. CM-Cl. The general light industrial uses listed in chapter 183.2 Croman Mill District, developed at an intensity of 0,50 gross floor to area ratio,
complying with all ordinance requirements,
i. CM�-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,
I. 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:�COTIliti-dcv\planiiiiig\Planning Acfinns`rNofidng Folder'Afailed Nlofices& 5igns\20MIA-T I -2019-00042,docx
AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Jackson }
The undersigned being first duly sworn states that:
1. I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On February 8, 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-T1-2019-00042, 119 Third Street.
�Wn aw,
Sign ure of Employee
C.lUsersltrapprlDeskloplTemplalesWFIDAVIT OF MNLING_Regen.docx 2V2019
PA-T1-2019-00042 391 E09BA 6700
ADAMS JUSTIN R/PETERSON-ADAMS
MIRA B
426 8 ST
ASHLAND, OR 97501917
PA-T1-2019-00042 391 E09BA 6500
DEMARINIS SUSAN K TRUSTEE ET AL
145 NORMAL AVE
ASHLAND, OR 975201337
PA-T1-2019-00042 391 E09BA 9300
FIRST CHRISTIAN CHURCH
207 VISTA ST
ASHLAND, OR 975202733
PA-T1-2019-00042 391 E09BA 6200
HARRELL BRUCE
338 B ST
ASHLAND, OR 975201915
PA-T1-2019-00042
HOYT MICHAEL TRUSTEE ETAL
200 HELMAN STREET
ASHLAND, OR 97520
PA-T1-2.019-00042 391 E09BA 8400
LURLINE LLC
26929 BELLFOUNTAIN RD
MONROE, OR 974569755
PA-T1-2019-00042 391 E09BA 8600
PATRICK HARLEY BEAUMONT TRUSTEE
ET' AL
72 DEWEY ST
ASHLAND, OR 975202109
PA-T1-2019-00042 391 E09BD 1801
RANDOLPH HAYS LLC
PO BOX 1220
MEDFORD, OR 975010091
PA-T1-2019-00042 391 E09BD 80001
SLATTERY DENNIS ET AL
94 N 3RD ST
ASHLAND, OR 975201931
PA-T1-2019-00042 391E09BA 8101
EISSHAAR DANA
112 PEACH WILLOW CT
LOS GATOS, CA 950321362
z
PA-T4-2019-00042 391 E09BA 9000
ALLEN DAVID S/DAWN A
120 N 2ND ST
ASHLAND, OR 975201935
PA-T1-2019-00042 391 E09BA 8500
ETIENNE ROBERT P TRUSTEE ET AL
143 N 3RD ST
ASHLAND, OR 975201941
PA-T1-2019-00042 391 E098A 8000
FITZGERALD MARTHA D
114 N 3RD ST
ASHLAND, OR 975201942
a � w �4N, • y�, i ,1M
.6 B ST
R 975201915
PA-T1-2019-00042 391 E09BA 8001
LANG PHILIP C TRUSTEE ET AL
758 B ST
ASHLAND„ OR 975202028
PA-T1-2019-00042 391 E09BA 8200
MCINTYRE MARTHA M TRUSTEE ET AL
58 FOURTH ST
ASHLAND, OR 975202150
PA-TI-2019-00042 391 E09BA 8300
PRITZKER STEVEN R
1477 5TH AVE
SAN F'RANCISCO, CA 941223806
PA-TI-2019-00042
ROGUE PLANNING & DEVELOPMENT
LLC
33 CENTRAL SUITE 213
MEDFORD, OR 97520
PA-T1-2019-00042 391 E09BA 8100
SPEICHER GWEN E
138 N 3RD ST
ASHLAND, OR 975201942
PA-T1-2019-00042 391 E09BA 6300
WHITALL RICHARD L TRUSTEE ET AL
75 INTERNATIONAL BLVD
SONOMA, CA 954768150
PA-T1-2019-00042 391 E09BA 6100
FIRST CHRISTIAN CHIASHLAND
318 B ST
ASHLAND, OR 975201915
PA-T1-2019-00042 391 E09BA 9100
FOUNTAIN STACY ET AL
136 N 2ND ST
ASHLAND, OR 975201935
PA-T1-2019-00042 391E09BA 8700
HOYT MICHAEL TRUSTEE ET AL
1,19 N THIRD ST
ASHLAND, OR 975201941
PA-T1-2019-00042 391E09BD 1800
LEMANNE DAWN TRUSTEE ET AL
435 GRANITE ST
ASHLAND, OR 975202717
PA-T1-2019-00042 391 E09BA 8800
OLSON DONALD MAX CO -TRUSTEE ET
AL
111 N 3RD ST
ASHLAND, OR 975201941
PA-T1-2019-00042 391 E09BA 8300
PRITZKER STEVEN R LIVING TRUST
1477 5TH AVE
SAN FRANCISCO, CA 941223806
PA-T1-2019-00042 391 E09BA 8900y.
r
SECOND SPRING PROPERTY LLC
108 N 2ND ST
ASHLAND, OR 975201968
PA-T1-2019-00042 391 E09BA 6600
TARDIFF PETER J TRUSTEE ET AL
386 B ST
ASHLAND, OR 975201915
119 Third Street
NOD 21812019
29
ZONING PERMIT APPLICATION
Planning Division
51 WinbUrn Way, Ashland OR 97520
CITY OF 541-488-5305 Fax 541-489-6006 FILE # a 0) q .. (vo 1.1 J_
ASHLAND
DESCRIPTION, OF PROJECT LL)e and Site Review for AccessQu Iravelers'Accommod.ation
DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? D YES KZ NO
Street Address 119 Third Street
Assessor's Map No. 39 1E 09BA I Tax Lot(s) 8700 -
Zoning R-2 Comp Plan Designation Low Density Multi-F,,oWy_-Reskiar&z4=
APPLICANT k4oll 7—
Name Rogue Planning & Development, LLC Phone 541-951-4020 E-Mail
Address 33 Central Avenue; Suite 213
amygu nter. plan n! ng@g mail.corn
City Medford
Name Hoyt Family Trust: Michael and Kimberly Hoyt Phone 541-301-4194 E-Mail
Zip 97501
mhoyt@artisianeyeworks.com
Address 200 Helman Street City Ashland
SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER
Title
Address
Title
Address
Phone
— city
Phone
— city
Zip 97520
E-Mail
Zip —
E-Mail
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 svill be on me to
establish,,
1) that I produced sufficient factual evidence at the hearing to support this request;
2) that the findings of fact furnished Justifies the granting of the request,
3) that the findings of fact fumished by me are adequate; and further
4) that all structures or improvements are properly located on the ground.
Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to
be removed at rpmxpenM If I have7fly doublt, I am advised to seek competent professional advice and assistance,
----I - / --, je�f--- January 30, 2019
Applidrot' y/011gdature' ' Date
As owner of the property involved in this request, I have read and understood the complete application and its consequences to me as a property
oVVner.
Property {Owners S16nature (required) Da
[ro be completed by City RA
3 1_4
Date Received I Zoning Permit Type �; (1— —1 .
OVER 0
JAN 3 0 201r,,)
B V:
S. Ha"deuls\Zonivg Ptmi Application A"
Hoyt Family Trust
Request for Site Review and Conditional
Use Permit approval for an Accessory
Travelers' Accommodation
117 & 119 Third Street
401, a,
1%W
ROGUE PLANNING 8 DEVELOPMENT SERVICES, LLC
REC)",l YVED
JAN 3 0 2019
January 3,0, 2019
Conditional Use Permit and Site Review
for an Accessory Travelers' Accommodation
Subject Property
Property Address: 117 and 119 Third Street
Property Owner: Hoyt Family Trust
Michael and Kimberly Hoyt
119 Third Street
Ashland, OR 97520
Planning Consultant: Amy Gunter
Rogue Planning & Development Services, LLC
33 Ni Central Avenue, Suite 213
Medford, OR 97501
Map & Tax Lots: 39 IE 09BA; Tax Lot: 8700
Zoning: R-2
Adjacent Zones: R-2
Overlay Zones: Railroad Historic District
Request:
The request is for a Conditional Use Permit and Site Review to allow short term rental of the detached
guest cottage at the rear of the property as an Accessory Travelers' Accommodation.
Property Description:
The subject property is on the west side of Third Street, second property to the north of the Third Street
and C Street intersection. The property is the north half of Lot 25 and all Lot 26, Block M of the Railroad
Addition Subdivision. The property has 32.5-feet of frontage on Third Street and extends 142-feet to the
west. The, property area is 4,615 square feet in area. The west property line abuts a 12-foot wide (right -
I, IVI-EkI I,')
JAN 3 0
BY
of -way) public alley that extends from C Street to the north
where the alley T's into an east / west alley that extends
between Second Street and Third Street.
This lot, and the properties to the north, east and west are zoned
R-2, Low Density, Multi -Family Residential. The properties to the
south across C Street are zoned Commercial! (C-1) and
Commercial -Downtown (C-1-D).
T" immediate ; I,: LI A
The III "— CILU neighborhood , ZI within " the Railroad Historic 1L Figure I: Assessor's Map
District. To the south, across Lithia Way, the properties are
within the Downtown Historic District. Many of the properties in the
immediate vicinity are occupied with residential uses including single, multi-
family and apartment dwellilngs. The commercial properties are occupied by
commercial structures and commercial business uses.
The property at 117 and 119 Third Street is occupied by a historic
contributing, single story residence. According to the City of Ashland,
Historic Resources Inventory, the single -story residence was constructed
around 1903, The structure is known as Margaret Van Tassel House, Though,
somewhat modified since its original construction, the structure retains
sufficient integrity to the period of historic development. The residence is
accessed as a 1,294 square foot,
Figure 2: Zoning Map
To the rear of this residence, adjacent to the alley is a 420 square foot guest
cottage. There is a 100-square foot deck on the rear of the cottage and a 40
square foot entry on the front (internal of the property).
The property has three, paved surface vehicle parking spaces accessed via
the rear alley.
The property owners take pride in the lot and the property is nicely
landscapedl. There, is landscape, park row with street trees along the Third
Street frontage. The yard has extensively been landscaped with drought
tolerant and native landscape materials.
Proposal:
The request is to allow for the use of the guest cottage as an Accessory Travelers' Accommodation. The
property owners reside in the residence on the property.
In the recent past, the property was utilized under the Conditional Use F-igure,3: Historic Districts
Permit for the "Black Swan" Bed and Breakfast that was operated on the
adjacent property to the south (at the intersection of C Street and Third). The use of the adjacent
IUV 1, D
,JAN 3
B Y:
1111-1- . . . .... . . .
property as a Travelers' accommodation hats ceded and therefore, ore, anew application is necessary for the
continued use of the cottage as a Travelers' Accommodation,
The request was to operate the property as a Travelers' Accommodation, but as measured along the
right-of-way from the property corner to the arterial street, Lithia Way, the property is 204-feet away
and a variance to the maximum distance, of 200-feet would be necessary.
Since the guest cottage does not have kitchen cooking faciilities and can be more than 200-feet from the
arterial or collector street, the proposal is for the Accessory Travelers' Accommodation approval.
Excepting standard yard maintenance, no exterior modifications to the existing historic contributing
residence are proposed.
The existing parking spaces accessed via the alley will continue to be utilized as the homeowner and
guest parking spaces for the Accessory Accommodations.
Findings addressing the criteria for the approval of a conditional use permit for the use of the property
at 119 third Street as an Accessory Travelers' Accommodation, The criteria from the Ashland Municipal
Code is in Calibri font and the applicant's findings are in Times New Roman.
IlF ED
RE, . o ",—d
J A N 3 2 01
Y
1111----, -- .. . ......... . . .... .
Criteria from the Ashland Municipal Code:
18.2.3.220
Travelers' Accommodations
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.S.2, and
shall meet the following requirements. See definitions of travelers' accommodation and accessory
travelers' accommodation in part 18-6,
A. Travelers' Accommodations and Accessory Travelers' Accommodations, Travelers' accommodations
and accessory travelers' accommodations shall meet all of the following requirements.
1. An accommodation must meet all applicable building, fire, and related safety codes at all
times and must be, inspected by the Fire Department before occupancy following approval of a
Conditional Use Permit and periodically thereafter pursuant to AMC 15.28.
The necessmy builcling, fii-e and r-elated safety codes will be met. Safety measui-es including
,
einei�gency contact infibiination., opeiaable smoke detector-s in the sleeping roolns, free et inguisheny
in the living area, andireot- entei-gency escape routes placards in visible locations will be
provided in the unit.
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,
The business -owner is thepropertyowner-. All City business licenses and transient occupancy tax
reporting and payment i-egulationsfi-oin AMC 4.24 andAMC 604 will be complied with,
3. Advertising for an accommodation must include the City planning action number assigned to
the land use approval,
The advertising regulations will be complied with.
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 shalil be subject to enforcement procedures.
7'his r-equest is for the Conditional Use Permit to allow for the operation of an accessory travelers'
accommodation and to allowfibi, the opeiation to obtain necessary permits..
Y D
A N 2019
C. Accessory Travelers' Accommodations. In addition to the standards in section 18.2.3.220.A, accessory
travelers' accommodations shall meet all of the following requirements.
1. The operator of the accessory travelers' accommodation must be the property owner and the
property must be the operator's primary residence. The operator must be present during
operation of the accessory travelers' accommodation.
Thepi-opei-o, owners, Allichael and Kimberly Hoyt are local business owners and they reside in the
residence at 119 VOW Street.
2. The property is limited to having one accessory travelers' accommodation unit, covered under
a single reservation and consisting of two or fewer bedrooms. Meals are not provided, and
kitchen cooking facilities are not permitted with an accessory travelers' accommodation, with
the exception of kitchen cooking facilities for the primary residence.
Ther-e is one accessary travelers' accommodation unit pi,oposed. It is a single, detached cottage
without kitchen cooking./acilities and hasfiewei- than two beds -pours. No meals will be provided.
3. The total number of guests occupying an accessory travelers' accommodation must not
exceed two people per bedroom.
The small guest cottage proposed for use as an accessory ti-aietei-s'accoiiiiiiocicitioit will not have
nioi-e than two per -sores pei° bedrooin.
4. The property must have two off-street parking spaces. The total number of guest vehicles
associated with the accessory travelers' accommodation must not exceed one.
There ar-e thr-ee, q1 ,f-sh-eet pai*ings1)aces accessed via the alley at the i-eai- of the pt-opei-ty.
5. Signs are not permitted in conjunction with the operation of an accessory travelers'
accommodation.
No signs ar-e proposed in conjunction with the open-ation (?f the accessory travelers'
accommodation,
18.5.2.050
Approval Criteria
An application for Site Design Review shall be approved if the proposal meets the criteria in subsections
A, B, C, and D below. The approval authority may, in approving the application, impose conditions of
approval, consistent with the applicable criteria.
E
VIEWD
R 14.0, Ud I
BY:- ...................
A. Underlying Zone. The proposal complies with all of the applicable provisions of the underlying zone
(part 18.2), including but not (limited to: building and yard setbacks, lot area and dimensions, density and
floor area, lot coverage, building height, building orientation, architecture, and other applicable
standards,
The proposal complies with the standards of the zoning district. The property is zoned R-2, Low Density
Multiple Family Residential. Die zoning allows for the consti-tiction of guest houses. The zoning distfict
also allows for- Accessory, Ti-avelei-.v'Accoi)ii?iodcitioiis with a conditional use perinit approval. The site
was part of a pr-evious bed and breakfast operation that occurred iiev door. The site was improved at that
tune with three, Raved parking ,.;paces, and a screened trash / recycle enclosure area.
The sites development, including site improvements and structures are not Proposed to be niodified as
part qfthis proposal. Building orientation, architecture and historic compatibility are notproposed to be
modified.
B. Overlay Zones. The proposal, complies with applicable overlay zone requirements (part 18.3).
The property is within the Ashland Railroad Historic District. Not changes that aff
ect the historic
development on the site and historic compatibility are proposed.
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,
No njo(#fications to the site are proposed to provide for the accessory travelers' accommodation. The
paved parIcing is available adjacent to the alley. There are bicycle parldng spaces in the small garage
shed on the north side of the property. The trash / recycle area exists and not proposed to be tnodified.
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.
.The property) is presently served by City of Ashland water, sanitary sewer, electric service and storin
drainage. The use of the guest cottage that was permitted and inspected as an accessoi), travelers'
accommodation will not have a greater impact on the existing public i,?fi-astructure than is allowed./or
two residential units (property could have an SFR and an ARU,following afiormal site design review for
an ARU in the R-2 zone),
The occupancy qI'the property is not proposed to be altered or increased in a manner that would
necessitate the installation ref fare protection measures beyond the existing smolce detectors, andfire
extinguisher. Afloor plan of the "evit" routes ivill be provided in the information for the guests i,egarding
their stay.
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, 2, or 3, below, are found to exist,
Ther-e ar-e no exceptions to the site developinent standards requested.
18.5.4.050
Approval Criteria
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.
The pi-oposed use of the pippei1j) as an accessory travelers' accommodation is in confor-mance with
all standai-ds within the zoning district and is in con foi-mance with the Com1wehensive Plan,
Accessou travelers„' accommodation establishments aie peiinitted in the Low -Density Multiple
Faini1j, residential zone with a Conditional Use Permit (CUP).
The proped)has been used as part of a lai-ger Bed and Bi-eal�klst operation that has since closed.
The request is to allowfoi- the continued use of the guest cottage as a sholl-term accommodation.
No changes to the site dimensions, coverage, sti'ticlui-e setbacks oi� exterior- facades ai-epi-oposed.
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.
Adequate utilities, including water, sevvei', electricity and stoi-in drainage ar-e cw-i-entlj, in place at
the location and the), will continue to be pi-ovided. To the applicant's knowledge there are nosysteni
deficiencies and the existing residential units are connected to the City s system and not changes ar-e
pi-oposed.
There is paved access to the site through the alle), as well along the public sidevvalk along Thir-d
Street. Adequate transportation through walking, biking, driving and R VTD Bus set -vice is available,
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. 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,
JAN 3 0 2019
��1Y:
The requested conditional use permit can be compared to using the property as two residential units,
the primary residence and a small, accessory residential unit.
a) Similarity in scale, bulk and coverage,
There are no anticipated changes in scale, bulls or coverage.
b) Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and
mass transit are considered beneficial regardless of capacity of facilities.
The generation of traffic fi-oin the propert), for the use of the guest cottage as an accessary
ii-(ivc,lers'accoiriiiioclatioiis will generate similar vehicle trips as residential uses would. According
to other travelers' accommodation operators, often, the ability for guests to wall( or bilce or use
transit while visiting is more appealing that driving and dealing with parking.
Two parkingspaces are required for the use ofthe site as an accessoiy traielei-.v'accoi)ii)io(latioii,
There are three, paved parking spaces present at the rear of the properfj, accessedfi-oni the allej,.
c) Architectural compatibility with the impact area.
There will be no changes to the exterior architecture of the historic contributing structure, nor to
the cottages.
d) Air quality, including the generation of dust, odors, or other environmental pollutants.
The proposed use of the property as a travelers' accommodation will not generate dust, oclor or
other environmental pollutants more than three, small residential units do.
e) Generation of noise, light, and glare.
The use 'f q the property as a travelers' accoinnioclation would create similar or less noise in the
neighborhood than 1.75 fidl-time, residential units. Light and glare would be similar as a
residential use.
f) The dev&lopment of adjacent properties as envisioned in, the comprehensive plan.
The approval of the requested conditional use permit ivill not have an impact on the development
of the 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.
J A N 3 ('J' 2 019
13Y: .................
There are no other- Imown i-elevantfiactoi-s.
4. A conditional, use permit shall not allow a use that is prohibited or one that is not permitted
pursuant to this ordinance.
Accessory traveler's acconnno(lation use is pei-inittedpiasuant 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:
Basecl on the lot area, 4,615 squai-efieet, the lot could have a pi-hnai-)) i-esiclential dwelling unit and
a small, less than 500-squai-efoot accessory residential divelling. Thep)•event configifi-ation is like
a residence and an accessmy),esi(lence.
Attachments:
Site Plan
13 Y . .. .............. ... ......
�L' J
-roe-()
�.
r
143
ril
..
l7
P%RYtxy t
l
Okk
Q
�� �- `i `�"t Uc► Ca��s-��u�..s ��" N,
, srT+� vczFacc+�7
PERMIT NUMBER `.;
PA-T1-2019-00042
pply Date: 1130/2019
Ma &:Tax Lot. `,
Property Address
391 E09BA8700
117 Third St
Owner Information
....... .. ........ ... .._
Applicant information
Owner:
Michael Hoyt
Applicant:
Michael Hoyt
Owner
119 Third St
Applicant
119 Third St
Address:
Ashland, OR 97520
Address:
Ashland, OR 97520
Phone:
(541) 301-4194
Phone:
(541) 301-4194
Applicant: Date:
Total Fees:; $1,071m