HomeMy WebLinkAboutNFirst_165_PA-T1-2020-00103June 11, 2020
Notice of Final Decision
On June 9, 2020, the Community Development Director approved the request for the following:
Planning Action: PA-TI-2020-00103
Subject Property: 1.8413 St & 165 N First St.
Applicant: Michael Rogers
Description: A request for land use approval for a Conditional Use Permit (CUP) to
authorize a single unit Traveler's Accommodation. The applicant owns both 184 B St. and 165 N
First St, The code allows for two adjacent properties to be considered as one. The proposal is to
use the single-family house at 165 N First as the Traveler's Accommodation, The property is
located in the Railroad Historic District, COMPREHENSIVE PLAN DESIGNATION: Multi
Family residential; ZONING: R-2; ASSESSOR'S MAP #: 391130913A; TAX LOT: 12500
&12600
The Community Development Director's decision becomes final and is effective on the l2tu' 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 firial 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(1i) and/or file an appeal to the Ashland Planning Commission as provided in ALUO
18.5.1.050(G). The ALUO sections covering reconsideration and appeal procedures are attached.
The appeal may not be made directly to the Oregon Land Use Board of Appeals,
If you have any questions regarding this decision, please contact Aaron Anderson in the
Community Development Department at (541) 488-5305.
cc: Parties of record and property owners within 200 ft
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541A88-5305
51 Winbum Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
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 (lays after the City mails, the notice of decision.
F. Reconsideration. The Staff Advisor may reconsider a'Fypc I decision as set forth below.
1. Any party entitled to notice of the planning action, or any City department may request reconsideration of tile action
after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no
fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision.
Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence
during the opportunity to provide public input on the application Sufficient to afford the Staff Advisor an opportunity
to respond to the issue prior to making a decision.
2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall
decide within three days whether to reconsider the matter.
3. If the Staff Advisor is satisfied that an error occurred Crucial to the decision, the Staff Advisor shall withdraw the
decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse
the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any
party entitled to notice of the planning action.
4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the
reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration.
G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following:
1. Who May Appeal. The following persons have standing to appeal a Type I decision.
a. The applicant or owner of the subject property.
b. Any person who is entitled to written notice of the Type I decision pursuant to subsection
18.5.1.050.B.
c. Any other person who participated in the proceeding by submitting written comments on the application to tile
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 aType 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. Ifan 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 qfNotice oflippeal. 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 mot 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 nova 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 LIP to the Type I decision, but may include other relevant evidence and
arguments. The Commission may allow additional evidence, testimony, or argument concerning any relevant
ordinance provision.
4. Appeal Hearing procedure. Hearings on appeals of Type I decisions follow the Type 11 public hearing procedures,
pursuant to section 18.5.1.060, subsections A — E, except that the decision of the Planning Commission is the final
decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the
adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of
Appeals, pursuant to ORS 197,805 - 197,860,
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050
AsNand, Oregon 97520 TT` : 800-735-2900
%all
PLANNING ACTION:
SUBJECT PROPERTY:
APPLICANT/OWNER:
ASHLAND PLANNING DEPARTMENT
FINDINGS & ORDERS
PA-T 1-2020-00103
184 B St & 165 N First St.
Michael Rogers
DESCRIPTION: A request for land use approval for a Conditional Use Permit (CUP)
to authorize a single unit Traveler's Accommodation. The applicant owns both 184 B St. and 165
N First St. The code allows for two adjacent properties to be considered as one. The proposal is to
use the single-family house at 165 N First as the Traveler's Accommodation. The property is
located in the Railroad Historic District, COMPREHENSIVE PLAN DESIGNATION: Multi
Family Residential; ZONING: R-2; MAP: 39 lE 09 BA; TAX LOT: 12500 & 12600
SUBMITTAL DATE:
April 13, 2020
DEEMED COMPLETE DATE:
May 11, 2020
STAFF APPROVAL DATE:
June 11, 2020
DEADLINE TO APPEAL (4:30 p.rn.):
June 23, 2020
FINAL DECISION DATE:
June 24, 2020
APPROVAL EXPIRATION DATE:
December 24, 2021
DECISION
Subject Property
The subject properties are located at the southwest corner of the intersection of North First and B
Streets. The subject property is zoned multi -family residential (R-2). The property is surrounded
to the east, west and north by other R-2 zoned properties, with commercial (C-I) immediately to
the south.
The subject property was originally created as lot 8 of block 23 of the Chitwood tracts according
to the 1892 Map of the city of Ashland. The history of the subject properties' subsequent
subdivision into the two current tax lots is unclear. The two parcels measure a combined 0.33
acres, with frontage along B and N First Streets. Each parcel is developed with a single-family
home and share a common driveway to a parking area at the rear. The home at 184 B. St was built
in 1912 and is 1923 sq. ft., and the home at 165 N First was built in 1.895 and is 1348 sq. ft.
according to the Jackson County assessor's records.
The applicant is applying for a CUP to for approval of a single -unit Traveler's Accommodation in
the home on tax lot 12500 at 165 N First St. No changes to the site are proposed and thus, the bulk
of Site Design Review standards do not apply here.
Conn- itional Use Permit & Special Use Staudarrls
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. Those standards include:
PA-T1-2020-00103
165 N First St./aa
Page t
• That the property is located within 200 feet of a boulevard, avenue or neighborhood
collector. The property fronts B St. satisfying this requirement.
• The property on which the Travelers' Accommodation is sited must be the primary
residence of the business owner. The application has indicated that this will be the case and
that the applicants reside in the home at 184 B St.
• The primary residence must be at least 20 years old. As indicated by Jackson County
assessor year built data above, both houses are more than 20 years old.
• The allowed member of units is determined by dividing the total square footage of the lot
by 1,800 square -feet (e.g. 14374/1800-7.98). This property would allow a total of 7 units.
The applicant has proposed only a single unit as a Travelers' Accommodation.
• Each unit must have 400 square -feet of gross interior floor space. The home to be used for
traveler's accommodations, as mentioned above, is 1348 square feet.
The applicant's proposal to operate a single guest -unit Travelers' Accommodations requires a total
of three parking spaces; One for each guest -unit and two for the property owner. The application
materials include a site plan indicating three parking spaces with adequate turn around space. The
applicant is required to provide two bicycle parking spaces. Those spaces have not been identified
and will need to be prior to the issuance of business license. A condition of approval to that affect
has been included.
The targeted use of an equivalent property in the R-2 zone would be equal to four dwelling units
(0.33 ac x 13.5 du/ac). The proposed use will not generate more traffic than four frill -time
residences and hotel/motel use is shown to have a lower trip generation than single family homes.
The Traveler's Accommodation will not affect the development of adjacent properties. Tile
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 19.5.4.050.
The property is currently served by adequate City facilities for water, sewer, storm drainage and
electricity. In staff's assessment, the proposal will not have a greater adverse material impact on
the impact area in terms of architectural compatibility, air quality, and generation of traffic, noise,
light and glare and the development of adjacent properties than the prior use of the property, or the
target use allowable within the zone.
The applicant has submitted a burden of proof document showing that they meet the criteria for a
Conditional Use Permit, and the proposed use is in conformance with the zoning district
requirements as well as the special use standards.
The approval criteria for a Travelers' Accommodation are detailed in AMC 1.8.2.3.220 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. Because the properly is fully developed and there are no site changes
proposed or required we do not address the Site Design Review critieria.
A. Travelers' Accommodations and Accessory Travelers' Accommodations. Travelers'
accommodations and accessory travelers' accommodations shall meet all of the following
requirements.
PA-T I-2020-00103
165 N First Stlaa
Page 2
1. An accommodation must meet all applicable building, fire, and related safety codes at all times
and must be inspected by the Fire Department before occupancy following approval of a
Conditional Use Permit and periodically thereafter pursuant to AMC 15.28.
2. The business -owner of a travelers' accommodation or the property owner of an accessory
travelers' accommodation must maintain a City business license and pay all transient occupancy
tax in accordance with AMC 4.24 and AMC 6.04 as required.
3. Advertising for an accommodation must include the City planning action number assigned to the
land use approval.
4. Offering the availability of residential property for use as an accommodation without a valid
Conditional Use Permit approval, current business license and transient occupancy tax
registration is prohibited and shall be subject to enforcement procedures.
S. Travelers' Accommodations. In addition to the standards described above in section 18.23.220.A,
travelers' accommodations shall meet all of the following requirements.
1. The property is located within 200 feet of a boulevard, avenue, or neighborhood collector as
identified on the Street Dedication Map in the Comprehensive Plan. Distances to the property
from a boulevard, avenue, or neighborhood collector shall be measured via a public street or
public alley to a lot line.
2. During operation of a travelers' accommodation, the property on which the travelers'
accommodation is sited must be the primary residence of the business -owner. "Business -owner"
shall be defined as a person or persons who own the property and accommodation outright; or
who have entered into a lease agreement with the property owner(s) allowing for the operation of
the accommodation. Such lease agreement must specifically state that the property owner is not
involved in the day-to-day operation or financial management of the accommodation and that the
business -owner has actual ownership of the business and is wholly responsible for all operations
associated with the accommodation, and has actual ownership of the business.
3. The primary residence on the site must be at least 20 years old. The primary residence may be
altered and adapted for travelers' accommodation use, including expansion of floor area.
Additional structures may be allowed to accommodate additional units, but must be in
conformance with all setback and lot coverage standards of the underlying zone.
4. The number of travelers' accommodation units allowed shall be determined by the following
criteria.
a. The total number of units, including the business -owner's unit, shall be determined by
dividing the total square footage of the lot by 1,800 square feet. Contiguous lots under the
same ownership may be combined to increase lot area and the number of units, but not in
excess of the maximum established by this ordinance. The maximum number of
accommodation units shall not exceed nine per approved traveler's accommodation with
primary lot frontage on boulevard streets. For travelers' accommodation without primary lot
frontage on a designated boulevard, but within 200 feet of a boulevard, avenue, or
neighborhood collector street, the maximum number of units shall be seven. Street
designations shall be as determined by the Street Dedication Map in the Comprehensive
Plan. Distances to the property from a boulevard, avenue, or neighborhood collector shall
be measured via a public street or public alley to a lot line.
b. Excluding the business -owner's unit and the area of the structure it will occupy, there must
be at least 400 square feet of gross interior floor space remaining per unit.
PA-T1-2020-00103
165 N First Stha
Page 3
5. Each accommodation must have one off-street parking space and the business -owner's unit
must have two parking spaces. All parking spaces shall be in conformance with chapter 18.4.3.
6. Only one ground or wall sign, constructed of a non -plastic material, non -interior illuminated, and
a maximum of six square feet total surface area is allowed. Any exterior illumination of signage
shall be installed such that it does not directly illuminate any residential structures adjacent or
nearby the travelers' accommodation in accordance with subsection 18.4.4.050.C.1.
7. An annual inspection by the Jackson County Health Department shall be conducted as required
by the laws of Jackson County or the State of Oregon.
8. Transfer of business -ownership of a travelers' accommodation shall be subject to all
requirements of this section and conform with the criteria of this section, Any further
modifications beyond the existing approval shall be in conformance with all requirements of this
section.
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 as provided in AMC t8.5.4.050.
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 flan.
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.
G. R-2 and R-3. Residential use complying with all ordinance requirements, developed at the density
permitted by chapter 18.2.5 Standards for Residential Zones.
In staffs assessment, the application with the attached conditions complies with applicable
ordinances and nnects all required criteria. Planning Action ##PA-11-2020-00103 is approved with
the following conditions. Further, if any one or more of the following conditions are found to be
PA T 1-2020-001 U
165 N First St./aa
Page 4
invalid for any reason whatsoever, then Planning Action #PA-'FI-2020-00103 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 tile
operation of the Travelers' Accommodation.
4) That only one wall or ground sign is permitted on site ill Conjunction with the Traveler's
Accommodation. The sign shall be constructed out of a non -plastic material, shall not be
internally illuminated, and shall have a maximum sign area of six square feet and a
maximum overall height of five feet. Any exterior illumination shall not direct light on to
any adjacent residential uses. A sign permit demonstrating compliance with these
conditions and with the regulations in the Ashland Municipal Code section 18.2.3.220.F
and chapter 18.4.7 shall be obtained prior to the placement of any signage on the property.
5) That the Subject property shall remain the primary residence of the applicants as business -
owners, and evidence of primary residence (i.e. valid Oregon Drivers Licenses or'
Identification Card reflecting this address) shall be provided for the review of the Staff
Advisor prior to the issuance of a business license as required in AMC section
18.2.3.220.A.
6) That any advertisement for the Travelers' Accommodation unit must include the City of
Ashland 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 or this section. If any changes
under a transfer of business -ownership do not comply with the Land Use Ordinance, a new
Conditional Use Permit and/or other planning actions may be required as determined by
Planning Staff.
8) That prior to the issuance of the business license bike parking shall be identified to
accommodate 2 bike parking spaces or sufficient indoor storage for bikes shall be provided.
06.09.2020
Bill Molnar, Community Development Director Date
Department of Community Development
PA-TI-2020-00103
165 N First St./aa
Page 5
F-11 119 MIMI I&C a kh F-111111t IM
STATE OF OREGON
County of Jackson
The undersigned being, first duly sworn states that:
1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On Junel 1, 2020 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-T1-2020-00103, 184 B St
& 165 N First St.
Signature of Employee
Documentl 611012020
PA-T1-2020-00103 PA-T1-2020-00103 PA-T1-2020-00103
CHESTER GENE R SCHNITZER LEE ELLIOT AND PAME POTOCKI STAN
249 B ST 2560 N VALLEY VIEW RD 2020 CRESTVIEW DR
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T 1-2020-00103
JONES MELODY J TRUSTEE ET AL
79 PINE ST
ASHLAND, OR 97520
PA-T1-2020-00103
MARKS MICHAEL ANTHONY
2778 LONG VIEW RD
YUCCA VALLEY, CA 92284
PA-T1-2020-00103
FIRST PLACE PARTNERS LLC
815 ALDER CREEK DR
MEDFORD, OR 97504
PA-T1-2020-00103
VAN HEUIT KATHLEEN R
1712 HIBBARD ST
ALAMEDA, CA 94501
PA-T1-2020-00103
SPIERINGS K A TRUSTEE FBO
PO BOX 1315
PHOENIX, OR 97535
PA-T1-2020-00103
PLAZA WEST AT FIRST PLACE CON
815 ALDER CREEK DR
MEDFORD, OR 97504
PA-T1-2020-00103
WOLFE PATRICIA J TRUSTEE
175 LITHIA WAY #203
ASHLAND, OR 97520
PA-T1-2020-00103
ASHWORTH MARTINJTRINA
9509 W HUTTON DR
SUN CITY, AZ 85351
165 N First
06/10/2020 NOC
27
PA-T1-2020-00103
ROGERS MICHAEL TRUSTEE ET AL
184 B ST
ASHLAND, OR 97520
PA-T1-2020-00103
ROYLE B STREET PROPERTIES LLC
PO BOX 751
CANYONVILLE, OR 97417
PA-T1-2020-00103
3RD ST PROPERTIES LLC
129 ALMOND ST
ASHLAND, OR 97520
PA-T1-2020-00103
SCHULMAN NANCY L
1011 CANYON PARK DR
ASHLAND, OR 97520
PA-T1-2020-00103
ROGERS MICHAEL TRUSTEE ET AL
184 B ST
ASHLAND, OR 97520
PA-T1-2020-00103
LAWYER BOBBY C REV TRUST ET AL
175 LITHIA WAY #200
ASHLAND, OR 97520
PA-T1-2020-00103
HOUSER THOMAS JIWILSON CHERYL
185 B ST
ASHLAND, OR 97520
PA-T1-2020-00103
FIRST PLACE PARTNERS LLC
425 PIKE ST
SEATTLE, WA 98101
PA-T1-2020-00103
HAJJE HANI H TRUSTEE ET AL
228 B ST
ASHLAND, OR 97520
PA-T1-2020-00103
DURTA HUFF JAYNE ELISABETH TR
15155 SW GEARHART DR
BEAVERTON, OR 97007
PA-T1-2020-00103
LARMORE JANETIJOHN T STRONG
248 8TH ST
ASHLAND, OR 97520
PA-T1-2020-00103
DSOUZA SHARLENE L
175 LITHIA WAY #201
ASHLAND, OR 97520
PA-T1-2020-00103 PA-T1-2020-00103
CAMPANA JOHN PAUL TRUSTEE ET AL FRIES NORMA J TRUSTEE ET AL
527 PAULS PL 1287 SETTLE AVE
MOUNT SHASTA, CA 96067 SAN JOSE, CA 95125
PA-T1-2020-00103
PA-T1-2020-00103
SULARA MAUI LLC
MENDEL LAWRENCE GIFT TRUST ET AL
726 KUMULANI DR
44498 N EL MACERO DR
KIHEI, HI 96753
EL MACERO, CA 95618
Planning Department, 51 Winburn Way, Ashland, Oregon 97520 CITY OF
PFF 541-488-5305 Fax:541-55,2-2050 wwashland.orms TTY:1-800-735-2900 -ASHLAND
I i I#] I L41 WIN-112:111111 DIT11111 Lei N
PLANNING ACTION: PA-TI-2020-00103
SUBJECT PROPERTY: 184 B Street & 165 N First
OWNERIAPPLICANT: Michael Rogers
DESCRIPTION: A request for land use approval for a Conditional Use Permit (CUP) to authorize a single Unit Traveler's
Accommodation. The applicant owns both 184 B St. and 165 N First St, The code allows for two adjacent properties to be
considered as one. The proposal is to use the single-family house at 165 N First as the Traveler's Accommodation. The
property is located in the Railroad Historic District, COMPREHENSIVE PLAN DESIGNATION: Multi Family residential
ZONING: R-2; ASSESSOR'S MAP #: 391 E09BA; TAX LOT: 12500 &12600
I 111MI 11111110 IM M iTIMNi M 09-41 Will N I 11:10 gets] ITI I tyl 12
Subject Property
184 B St, & 165 N 1st St.
PA-Tl-2020.00103
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 cornment 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 Nanning Commission of the Planning Division Staffs decision must be made in writing to the Ashland Planning
Division within 12 days from the date of the mailing of final decision, (AMC 18,5,1.oso,G)
The ordinance criteria applicable to this appVcation are attached to this notice. Oregon law states, that failure to raise an objection concerning this application, by letter,
or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of
Appeals (LUBA) on that issue. Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that criterion. Failure
of the applicant to raise constitutional or other issues relating to proposed conditions of approval with Sufficient specificity to allow this Department to respond to the
issue precludes an action for damages in circuit court.
A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and will be provided at
reasonable cost, if requested. All materials are available at the Ashland Nanning Division, Community Development & Engineering Services Building, 51Winburn Way,
Ashland, Oregon 97520.
If you have questions or comments concerning this request, please ease feel free to con Lact Aaron Anderson at 541-488-5305.
TRAVELERS' ACCOMMODATIONS
18.2.3.220
Where travelers' accommodations and accessory travelers' accommodations are allowed, they require a Conditional Permit under chapter
18.5.4, are subject to Site Design Review under chapter 18.5.2, and shall meet the following requirements. See definitions of travelers'
accommodation and accessory travelers' accommodation in part 18-6.
A. Travelers' Accommodations and Accessory Travelers' Accommodations. Travelers' accommodations and accessory travelers' accommodations
shall meet all of the following requirements.
1. An accommodation must meet all applicable building, fire, and related safety codes at all times and must be inspected by the Fire Department before
occupancy following approval of a Conditional Use Permit and periodically thereafter pursuant to AMC 15.28.
2. The business -owner of a travelers' accommodation or the property owner of an accessory travelers' accommodation must maintain a City business
license and pay all transient occupancy tax in accordance with AMC 4.24 and AMC 6.04 as required.
3. Advertising for an accommodation must include the City planning action number assigned to the land use approval.
4. Offering the availability of residential property for use as an accommodation without a valid Conditional Use Permit approval, current business
license and transient occupancy tax registration is prohibited and shall be subject to enforcement procedures.
B. Travelers' Accommodations. In addition to the standards described above in section 18.23.220.A, travelers' accommodations shall meet all of the
following requirements.
1. The property is located within 200 feet of a boulevard, avenue, or neighborhood collector as identified on the Street Dedication Map in the
Comprehensive Plan. Distances to the property from a boulevard, avenue, or neighborhood collector shall be measured via a public street or public
alley to a lot line.
2. During operation of a travelers' accommodation, the property on which the travelers' accommodation is sited must be the primary residence of the
business -owner. "Business -owner" shall be defined as a person or persons who own the property and accommodation outright; or who have entered
into a lease agreement with the property owner(s) allowing for the operation of the accommodation. Such lease agreement must specifically state
that the property owner is not involved in the day-to-day operation or financial management of the accommodation and that the business -owner has
actual ownership of the business and is wholly responsible for all operations associated with the accommodation, and has actual ownership of the
business.
3. The primary residence on the site must be at least 20 years old. The primary residence may be altered and adapted for travelers' accommodation
use, including expansion of floor area. Additional structures may be allowed to accommodate additional units, but must be in conformance with all
setback and lot coverage standards of the underlying zone.
4. The number of travelers' accommodation units allowed shall be determined by the following criteria.
a. The total number of units, including the business -owner's unit, shall be determined by dividing the total square footage of the lot by 1,800
square feet. Contiguous lots under the same ownership may be combined to increase lot area and the number of units, but not in excess of the
maximum established by this ordinance. The maximum number of accommodation units shall not exceed nine per approved traveler's
accommodation with primary lot frontage on boulevard streets. For travelers' accommodation without primary lot frontage on a designated
boulevard, but within 200 feet of a boulevard, avenue, or neighborhood collector street, the maximum number of units shall be seven. Street
designations shall be as determined by the Street Dedication Map in the Comprehensive Plan. Distances to the property from a boulevard,
avenue, or neighborhood collector shall be measured via a public street or public alley to a lot line.
b. Excluding the business -owner's unit and the area of the structure it will occupy, there must be at least 400 square feet of gross interior floor
space remaining per unit.
5. Each accommodation must have one off-street parking space and the business -owner's unit must have two parking spaces. All parking spaces shall
be in conformance with chapter 18.4.3,
6. Only one ground or wall sign, constructed of a non -plastic material, non -interior illuminated, and a maximum of six square feet fatal surface area is
allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby
the travelers' accommodation in accordance with subsection 18.4.4.050.C.1.
7. An annual inspection by the Jackson County Health Department shall be conducted as required by the laws of Jackson County or the State of
Oregon.
8. Transfer of business -ownership of a travelers' accommodation shall be subject to all requirements of this section and conform with the criteria of this
section, Any further modifications beyond the existing approval shall be in conformance with all requirements of this section.
C. Accessory Travelers' Accommodations. In addition to the standards in section 18.2.3.220.A, accessory travelers' accommodations shall meet all of the
following requirements.
1. The operator of the accessory travelers' accommodation must be the property owner and the property must be the operator's primary residence. The
operator must be present during operation of the accessory travelers' accommodation.
2. The property is limited to having one accessory travelers' accommodation unit, covered under a single reservation and consisting of two or fewer
bedrooms. Meals are not provided and kitchen cooking facilities are not permitted with an accessory travelers' accommodation, with the exception of
kitchen cooking facilities for the primary residence.
3. The total number of guests occupying an accessory travelers' accommodation must not exceed two people per bedroom.
4. The property must have two off-street parking spaces. The total number of guest vehicles associated with the accessory travelers' accommodation
must not exceed one.
5. Signs are not permitted in conjunction with the operation of an accessory travelers' accommodation.
G lcomm-deOplanningTlanning ActionsWofficing FolderWailed \offices R SignsV20201PA-T1-2020-00101.docx
PLANNING ACTION: PA-T1-2020-00103
SUBJECT PROPERTY: 184 B St & 165 N First St.
APPLICANT/OWNER: Michael Rogers
DESCRIPTION: A request for land use approval for a Conditional Use Permit (CUP)
to authorize a single unit Traveler's Accommodation. The applicant owns both 184 B St. and 165
N First St. The code allows for two adjacent properties to be considered as one. The proposal is to
use the single family house at 165 N First as the Traveler's Accommodation. The property is
located in the Railroad Historic District.
COMPREHENSIVE PLAN DESIGNATION: Multi Family Residential; ZONING: R-2;
MAP: 39 IE 09 BA; TAX LOT: 12500 & 12600
PLANNER: Aaron TREE: No HISTORIC: No
(Criteria: )-aveler• Accoinmodations)
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STATE OF OREGON
County of Jackson
The undersigned being first duly sworn states that:
1. 1 am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On May 11, 20201 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-T1-2020-00103, 165 N
First, St.
IN,
Signature of Employee
0. 11=1 UJINIMM
PA-T1-2020-00103 PA-T1-2020-00103 PA-T1-2020-00103
CHESTER GENE R SCHNITZER LEE ELLIOT AND PAME POTOCKI STAN
249 B ST 2560 N VALLEY VIEW RD 2020 CRESTVIEW DR
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA-T1-2020-00103
JONES MELODY J TRUSTEE ET AL
79 PINE ST
ASHLAND, OR 97520
PA-T1-2020-00103
MARKS MICHAEL ANTHONY
2778 LONG VIEW RD
YUCCA VALLEY, CA 92284
PA-T1-2020-00103
FIRST PLACE PARTNERS LLC
815 ALDER CREEK DR
MEDFORD, OR 97504
PA-T1-2020-00103
VAN HEUIT KATHLEEN R
1712 HIBBARD ST
ALAMEDA, CA 94501
PA-T1-2020-00103
SPIERINGS K A TRUSTEE FBO
PO BOX 1315
PHOENIX, OR 97535
PA-T1-2020-00103
PLAZA WEST AT FIRST PLACE CON
815 ALDER CREEK DR
MEDFORD, OR 97504
PA-T1-2020-00103
WOLFE PATRICIA J TRUSTEE
175 LITHIA WAY #203
ASHLAND; OR .97520
PA-T1-2020-00103
ASHWORTH MARTIN/TRINA
9509 W HOTTON DR
SUN CITY, AZ 85351
165 N First r
05111/2020 . NOG,
27
PA-T1-2020-00103
ROGERS MICHAEL TRUSTEE ET AL
184BST
ASHLAND, OR 97520
PA-T1-2020-00103
ROYLE B STREET PROPERTIES LLC
PO BOX 751
CANYONVILLE, OR 97417
PA-T1-2020-00103
3RD ST PROPERTIES LLC
129 ALMOND ST
ASHLAND, OR 97520
PA-T1-2020-00103
SCHULMAN NANCY L
1011 CANYON PARK DR
ASHLAND, OR 97520
PA-T1-2020-00103
ROGERS MICHAEL TRUSTEE ET AL
184 B ST
ASHLAND, OR 97520
PA-T1-2020-00103
LAWYER BOBBY C REV TRUST ET AL
175 LITHIA WAY #200
ASHLAND, OR 97520
PA-T1-2020-00103
CAMPANA JOHN PAUL TRUSTEE ET AL
527 PAULS PL
MOUNT SHASTA, CA 96067
PA-T1-2020-00103
HOUSER THOMAS JIWILSON CHERYL
185 B ST
ASHLAND, OR 97520
PA-T1-2020-00103
FIRST PLACE PARTNERS LLC
425 PIKE ST
SEATTLE, WA 98101
PA-T1-2020-00103
HAJJE HANI H TRUSTEE ET AL
228 B ST
ASHLAND, OR 97520
PA-T1-2020-00103
DURTA HUFF JAYNE ELISABETH TR
15155 SW GEARHART DR
BEAVERTON, OR 97007
PA-T1-2020-00103
LARMORE JANETfJOHN T STRONG
248 8TH ST
ASHLAND, OR 97520
PA-T1-2020-00103
DSOUZA SHARLENE L
175 LITHIA WAY #201
ASHLA,ND,•OR 97520
PA-T1-2020-00103
FRIES NORMA J TRUSTEE ET AL
1287 SETTLE AVE
SAN JOSE, CA 95125
PA-T1-2020-00103 PA-T1-2026-00103
SULARA MAUI LLC MENDEL• LAWRENCE GIFT TRUST ET AL
726 KUMULANI DR 44498 N EL MACERO DR
KIHEI, HI 96753 EL MACERO, CA 95618
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Liz Hamilton
From: April Lucas
Sent: Thursday, May 07, 2020 1:57 PM
To: Aaron Anderson
Cc: Liz Hamilton; Dana Smith; Regan Trapp
Subject: FW: Noticing PA-T1-2020-000103
Attachments: Additional Taxl-ots plaza east.xlisx
Thanks Aaron, we'll get this sent out by Wednesday.
A,/
April Lucas, Development Services Coordinator
City of Ashland, Community Development Department
51 Winburn Way, Ashland, OR 97520
Phone: (541) 552-2041, TFY (800) 735-2900
This email transmission is official business of the City of Ashland and it is subject to Oregon Public Records Caw fear disclosure and
retention. If you have received this message in error, please contact me at (541) 552-2041. Thank you.
From: Aaron Anderson <aaron.anderson@ashIancLor.us>
Sent: Thursday, May 07, 2020 10:49 AM
To: April Lucas <april.lucas@ashlancLor.us>
Subject: Noticing PA-T1-2020-000103
Em
The planning action at 165 N First for a traveler's accommodations is ready for noticing.
I know that front office is supper busy with, all the cell phone tower emails. It isn't urgent, but should be sent out no
later than Wednesday of next week. (it will be 30 days from application date then).
This is one of those cases where there are condo's within the noticing buffer. I have taken the time to work through the
assessor data to capture the eight tax lots that will not be captured by the County's buffering tool and have attached
that list here.
The maip, and blurb are in the typical place.
Please let me know if there are any concerns.
Thank you!
Aaron Anderson:, CFM
Assistant Planner
City of Ashland, Community Development
51 Winburn Way, Ashland, Oregon 97520
541-552-2052, TTY - 800-735-2900 FAX - 5,41-552-2050
This email transmission is official business of the City of Ashland , and it is subject to Oregon Public Records Law for
disclosure and retention. If you have received this message in error, please contact me at (541) 552-20,52. Thank you.
0
RI
.� Planning Division
51 Winbu►n Way, Ashland OR 97520
CITY OF -ASH LAN D 541-488-5305 Fax 541-488-6006
ZONING PERMIT APPLICATION
FILE # PA-T1-2020-00103
DESCRIPTION OF PROJECT Conditional use permit for Travelers Accommodation
DESCRIPTION OF PROPERTY
Street Address 165 N First St
Assessor's Map No. 391 E 09 BA
Zoning R-2
APPLICANT
Name
Address
PROPERTY OWNER
Name Michael G Roaers
Address 184 B St
Tax Lot(s)
Comp Plan Designation
Phone E-Mail
city
Phone 8318182223 E-Mail
SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER
Title Name Phone
Address
Title
Address
Phone
Pursuing LEER® Certification? ❑ YES ® NO
Zip
mgrogers199@gmail.com
city Ashland zip 97520
City
city
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. / 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 subsequenlly contested, the burden will be on me to
establish:
t) that I produced sufficient factual evidence at the hearing to support this request;
2) that the findings of fact furnished justifies the granting of the request;
3) that the findings of fact furnished by me are adequate; and further
4) that all structures or improvements are properly located on the ground.
Failure in this regard will result most likely in not 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, I am advised to seek competent professional advice and assistance.
Applicant's Signature
Date
As o tt e prop involve this est, a read and understood the complete application and its consequences to me as a property
own er
0 A@ (4 "" 4/13/2020
Property Owner's Signature (required) W Date
[To be camp'afed by G1y Stahl
Date Received 4.13.2020 Zoning Permit Type 1YPe 1 Filing Fee $ 1092
OVER ►►
Received 4. 1 3.2020
QWni n-de0planningWomts R FfandeutsVoni ng Permit Application.doe
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'xT, to use in meetings)
❑ FEE (Check, Charge or Cash)
❑ LEEDO 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 LEE,DO Accredited Professional as part of the project team throughout design and
construction of the project; and
• The LEEDO checklist indicating the credits that will be pursued.
NOTE;
• Applications are accepted on a first come, first served basis.
• Applications will not be accepted without a complete application form signed by the applicant(s) AND property
owner(s), all required materials and full payment.
• All applications received are reviewed for completeness by staff within 30 days from application date in accordance
with ORS 227.178.
• The first fifteen COMPLETE applications submitted are processed at the next available Planning Commission
meeting. (Planning Commission meetings include the Hearings Board, which meets at 1:30 pm, or the full Planning Commission, which
meets at 7:00 pm on the second Tuesday of each month. Meetings are held at the City Council Chambers at 1175 East Main St).
• A notice of the project request will be sent to neighboring properties for their comments or concerns.
• If applicable, the application will also be reviewed by the Tree and/or Historic Commissions.
Received 4.13.2020
Wcomm-dev5pknningTomis R HanhutslZoning Pemik Applieation.doc
SITE: 165 N First St.
APPLICANT: Michael Rogers
REQUEST: Conditional use pert -nit for Travelers' Accommodation 165 N First St, Ashland
Findings of Fact
TRAVELER'S ACCOMMODATION (AMC 1&23,220)
Within the R-2 zoning district, Traveler's Accommodations are a Conditional Use subject to Special
Use Standards which include:
o 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.
o All fire and safety requirements listed at the end of the pre -application conference comment sheet
dated April 8, 20210 will be complied with. We will call for an inspection from the fire department after
gaining planning approval as requested.
* 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. Noted
a Advertising for an accommodation must include the City planning action number assigned to the land
use approval. Noted
o 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. Noted
* 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.
o One Of OUr two properties (owners residence) fronts B Street which is a high order street. The code
flows for two separate pieces of real estate to be considered as one so long as they are In common
ownership (See Definition Lot AMC I8.6,1,030)
o The property on which the traveler's accommodation is sited must be the primary residence of the
business -owner.
o As mentioned above both lots can Ibe considered one, the owners live in the main house (184 B St) as,
our primary residence,
o The primary residence on the site must be at least 20 years old.
o The County Assessor indicates that the residences were constructed in, 1895(165 N First St) and 1.912
(184 B St).
[Reice ived 4 13,2020
* The number of traveler's accommodation units allowed shall be determined by dividing the total
square footage of the lot by 1,800 square feet.
i
o The lot size 14374 sq ft meets this requirement. (14374 sq ft / 1800 = 7,,98) we are p1aning on using
165 N First st a 1350 sq ft house as a single unit travelers accommodation.
* 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
o The owners unit Is a separate house (184 B St) the travelers accommodation is a 1350 sq ft house (165
N First st) that will be offered as a single unit .
o Each accommodation must have one (1) off-street parking space and the business- owner's unit must
have two (2) parking spaces. All parking spaces shall be in conformance with chapter 18.4.3.
o We plan to Use the house at 165 N First as a single traveler's accommodations unit. The parking space
for this unit is directly behind the house. Two additonall owner parking spaces are also, located behind
the house, for atotal of three parking spaces. The plan included with this application shows parking, and
turn around space to conform with 18,43.
o Only one ground or wall sign, constructed of a non -plastic rnaterial, non -interior illuminated, and a
maximum of six square feet total surface area is allowed. Any exterior illumination of sign:age 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. L
o We do riot currently plan on, installing a sign, and understand that if we, did want a sign there would be
a separate permit process,
* If required by the county based on the number of units, 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.
Noted
a Transfer of business -ownership of a travelers' accommodation shall be subject to alll 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. Noted
SITE DESIGN REVIEW (AMC 18.5.2.050)
Per the pre application meeting, While the code does reCiLdre Site Design Review criteria to be applied in
the, process of considering the CUP because no changes are proposed to the Site these are not,
applicable
[-Reice�ved 4,13,2020
CONDITIONAL USE PERMIT APPROVAL CRITERIA (AMC 18.5.4.050)
Conditional Use Permits are discretionary approvals. Applications must include written responses fully
addressing each of the following criteria:
- 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.
o The property is, ail existing single family home located in an R-2 zone that conforms to the standards
for R-2 zoning.
* 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.
o The property is an existing single family hornie adequate capacity of city facHides already exists. Use as
a travelers accornniodation will have less impact than the target use,.
- 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 tot 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 IPlan.
g) Other factors found to be relevant by the approval authority for review of the proposed use.
o The proposed use (residling in the one house, while renting the other out short term] will have a much
less impact than the target use (which would be four separate homes and the associated traffic etc.
based on density for R-2 zoning)
- A conditional use permit shall: not allow a use that is prohibited' or one that is not permitted pursuant
to this ordinance.
- 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. 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,
Riecelved 4. � 3,2020
P V VA& Irjol
N.kv M#101
City of Ashland
Community Development Department
51 Winburn Way
Ashland, OR 97520
Telephone- 541-488-5305
Inspection Line: 541-552-2080
PERMIT NUMBER
PA-T1 -2020-00103
Appy Date: 4/13/2020
Nap & Tax Lot
Property Address
391E09BA12500
...
165 N First St
Owner Information
Applicant Information
Owner: Michael Rogers
Applicant: Michael Rogers
Owner 184 B St
Applicant 184 B St
Address: Ashland, OR 97520
Address: Ashland, OR 97520
Phone: (831) 818-2223
Phone: (831), 818-2223
Project Description
Site design review/CUP for traveler's accornodations.
Fees
Fee Description:
Amount:
Conditional Use Pert -nit (Type 1)
$1,092.00
Applicant:
Date:
iTotal Fees] $1,092.00
Received 4. 112020