HomeMy WebLinkAboutMountainN_78_PA-T1-2020-00127CITY O`F
ASHLAND
December 9, 2020
Notice of Final Decision.
On December 9,2020, the Conimunity Development Director approved the request for the
following:
Planning Action: PA -T1-2020-00127
Subject Property: 78 N Mountain Ave
Applicant: Rogue Development Services / Bobbie Simons
Description: A request for Site Design review to approve adding an additional dwelling
unit by converting the existing home into a duplex and a request for a Conditional Use Permit
(CUP) to approve the newly created unit as a Traveler's Accommodation.
COMPREHENSIVE PLAN DESIGNATION: Multi Family Residential; ZONING: R-3;
MAP: 39 1E 09 AD; TAX LOT: 7500
The Community Development Director's decision becomes final and is effective on the 12th day
after the Notice of Final Decision is mailed. Approval is valid for a period of 19 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 Aaron Anderson in the
Community Development Department at (541) 488-5305.
cc: Parties of record and property owners within 200 ft
COMMUNITY DEVELOPMENT DEPARTMENT Tei: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us IL
Aaron Anderson
From: Peter Currer <currer9@gmail.com>
Sent: Monday, !November 09, 2020 1:21 PM
To: planning
Subject: 78 North Mountain Ave Project
[EXTERNAL SENDER]
Regarding Planning Action: PA -T1-2020-00127
I am writing to oppose the development of 78 North Mountain Avenue as a duplex with vacation rental permit. I base
this opposition on the lack of needed parking spaces.
There is a tremendous shortage of parking in this area, with parking on the east side of North Mountain prohibited and
limited parking on the west side of the street. That said, to approve an application that reduces the expected parking of
four spaces (two per living unit) seems unwise.
The proposal is that an existing non-confiorming parking practice be made acceptable (parking in front of the house
within about 10 feet of the sidewalk). Two additional uncovered parking spaces will be provided in front of the
outbuilding. Three parking spaces for two living units is just not realistic given this day and age of the automobile.
Additionally, the expectation that vacation rental people are going to be able to back out of the driveway and perform a
turnaround in a very small space seems remote. The more likely practice will be people backing out of the driveway onto
North Mountain Avenue which will be a very unsafe practice. It will inhibit traffic safety and flow.
A much more reasonable proposal would be for the developer to provide four parking spaces and a turnaround space
behind the house and/or to relocate the outbuilding.
Peter
Peter Currer
Ashland, OR
530-708-0600
Received 11.9.2424
SECTION 18.5.1.050 Type I Procedure (Administrative Decision with Notice)
E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to
subsection 18.5.1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision.
E. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below.
1. Any party entitled to notice of the planning action, or any City department may request reconsideration of the action
after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no
fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision.
Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence
during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity
to respond to the issue prior to making a decision.
2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall
decide within three days whether to reconsider the matter.
3. If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the
decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse
the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any
party entitled to notice of the planning action.
4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the
reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration.
G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following:
I . Who May Appeal. The following persons have standing to appeal a Type I decision.
a. The applicant or owner of the subject property.
b. Any person who is entitled to written notice of the Type I decision pursuant to subsection
18.5.1.050.B.
c. Any other person who participated in the proceeding by submitting written comments on the application to the
City by the specified deadline.
2. Appeal 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 -roust 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
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
ASHLAND PLANNING DEPARTMENT
FINDINGS & ORDERS
PLANNING ACTION: PA -T1-2020-00127
SUBJECT PROPERTY: 78 N Mountain Ave
APPLICANT: Rogue Development Services
OWNER: Bobbie Simons
DESCRIPTION: A request for Site Design review to approve adding an additional
dwelling unit by converting the existing home into a duplex and a request for a Conditional Use
Permit (CUP) to approve the newly created unit as a Traveler's Accommodation.
COMPREHENSIVE PLAN DESIGNATION: Multi Family Residential; ZONING: R-3;
MAP: 39 IE 09 AD; TAX LOT: 7500
SUBMITTAL DATE:
October 6, 2020
DEEMED COMPLETE DATE:
October 26, 2020
STAFF APPROVAL DATE:
December 9, 2020
DEADLINE TO APPEAL (4:30 p.m.):
December 21, 2020
FINAL DECISION DATE:
December 22, 2020
APPROVAL EXPIRATION DATE:
June 22, 2022
DECISION
The proposal is a request for land use approval to convert an existing single-family home into a
duplex which requires Site Design Review. Once completed the front unit will be a two-bedroom
unit, and the back unit will be a one -bedroom with more than 500 square feet. The application is
requesting exceptions to certain standards as they relate to parking and buffering. There are no
proposed exterior changes to the building or other site work as the home and barn are existing.
The application also includes a request for a Conditional Use Permit (CUP) to run a two -unit a
traveler's accommodations (one owner unit, one guest unit).
The subject property is located on the east side of N Mountain between East Main St and B
Street. The subject property as well as the properties to the south west are zoned Multiple -Family
High Density Residential (R-3), to the north and east is the City yard which is zoned E-1. Except
for the city yard, the surrounding neighborhood is comprised of a mix of single-family homes
and properties with multiple residential units.
The proposed development complies with all of the applicable provisions of R-3 zoning in terms
of setbacks and lot coverage. The lot is 0.26 acres and has a base density of 5.2 units. The
application materials note that because the lot is greater than 10,000 square feet the code requires
that the property to develop to at least eighty percent of the minimum density. Eighty percent of
the base density is 4, the proposed density is 2 units. The application states that development to
80% of the minimum is not possible based on the location of the existing home and barn. In the
alternative staff finds that AMC 18.2.5.050.C.2.g allows that "a lot that is nonconforming
in minimum density may not move further out of conformance with the minimum
density standard. However, units may be added to the lot which bring the lot closer to
conformance without coming all the way into conformance provided it is demonstrated that
the minimum density will not be precluded." After a close inspection of the property staff finds
PA -T1-2020-00127
78 N Mountain Ave/aa
Page 1
that the current proposal does not preclude future development based on the amount of space
available to the rear of the property. Redevelopment to include additional dwelling units would
require the removal of the barn and a reconfiguration of the parking, but staff feels that it is not
an impossibility.
The application is required to meet the approval criteria for Site Design Review in AMC
18.5.2.050 for the development of multiple residential dwelling units on one lot. The proposal is
subject to the site development and design standards for residential development in AMC
18.4.2.030. Because the home is existing, and there are no proposed changes to the footprint of
the building many of these standards are not relevant to the current proposal. The Site Design
Review approval criteria require that the public facilities including water, sewer, electricity and
storm drainage will be provided to serve the development. The site is served by city facilities
including water and sanitary sewer in North Mountain Street and electric service has been in
place for the existing home.
Parking and Bike Parking
The proposed development requires a total of four off street parking spaces. The application
materials explain that there is no on street parking on the east side of the street and that the
proposed parking is pre-existing non -conforming. The proposed parking configuration has two
parking spaces side by side in front of the garage, with a third parking space just to the south of
the drive isle between the northern volume of the house and the street has historically served the
property. The application includes a bike rack accommodating five bicycles which allows the
reduction of one off-street parking space. The proposed parking layout allows the two parking
spaces by the garage with an opportunity to do a hammer head turn and exit the property in a
forward manner. Staff reviewed the requested exception to the Site Design Standards with the
Staff Advisor. The Staff Advisor determined that based on the proposed use and intensity that
granting the exception seamed reasonable. To mitigate the parking use between the street and the
home a condition of approval has been added that requires the parking surface to be pavers or
`grasserete' or similar in the area of proposed parking space number one.
Conditional Use Permit & Special Use Standards
The application is required to meet the special use standards for a Travelers' Accommodation in
AMC 18.2.3.220 and the approval criteria for a Conditional Use Permit in AMC 18.5.4.050. A
Travelers' Accommodation is an allowed use in the R-3 zone if it meets the Special Use
Standards. Those standards include:
• That the property is located within 200 feet of a boulevard, avenue or neighborhood
collector. The property fronts N Mountain 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.
• The primary residence must be at least 20 years old. As indicated by Jackson County
assessor, the home was built in 1920.
• The allowed number of units is determined by dividing the total square footage of the lot
by 1,800 square -feet (e.g. 11,32511800=b.3). This property would allow a total of b units.
PA -T1-2020-00127
78N Mountain Ave/aa
Page 2
The applicant has proposed only two units to be utilized as a Travelers' Accommodation
(1 owner unit, 1 for traveler's accommodations).
• Each unit must have 400 square -feet of gross interior floor space. The house is 2,338
square feet, and the applicant has provided a floor plan demonstrating that the portion of
the home to be used in the as a traveler's Accommodation meets this requirement.
The applicant's proposal to operate a one guest -unit Travelers' Accommodations requires a total
of three parking spaces; One for each guest -unit and two for the property owner, additionally the
applicant is required to provide at least two bicycle parking spaces. As discussed, the applicant is
providing surplus bike parking and has proposed three parking spaces which requires an
exception to the Site Design Standards with regard to buffering and location. The Staff Advisor
felt that that granting the exception was proper based on the level of development.
The targeted use of an equivalent property in the R-3 zone would be equal to five dwelling units.
The proposed use will not generate more traffic than five full -tune 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. The application complies
with all of the applicable provisions of the R-3 zoning district, the Special Use Standards AMC
18.2.3.220 and the Conditional Use Permit approval criteria AMC 18.5.4.050.
The property is currently served by adequate City facilities for water, sewer, storm drainage and
electricity. In staff's assessment, the proposal will not have a greater adverse material impact on
the impact area in terms of architectural compatibility, air quality, and generation of traffic,
noise, light and glare and the development of adjacent properties than the prior use of the
property, or the target use allowable within the zone.
The applicant has showed that they meet the criteria for a Site Design Review and a Conditional
Use Permit, and the proposed use is in conformance with the zoning district requirements. The
applicants have submitted detailed findings to the Planning Department that demonstrate
compliance with these approval standards and by their reference are incorporated herein as if set
out in full.
The criteria for Site Design Review approval are in AMC Chapter 18.5.2.050 as follows.
A. Underlying Zone: The proposal complies with all of the applicable provisions of the underlying zone
(part 18.2), including but not limited to: building and yard setbacks, lot area and dimensions,
density and floor area, lot coverage, building height, building orientation, architecture, and other
applicable standards.
B. Overlay Zones: The proposal complies with applicable overlay zone requirements (part 18.3).
C. Site Development and Design Standards: The proposal complies with the applicable Site
Development and Design Standards of part 18.4, except as provided by subsection E, below.
D. City Facilities: The proposal complies with the applicable standards in section 18.4.6 Public
Facilities and that adequate capacity of City facilities for water, sewer, electricity, urban storm
drainage, paved access to and throughout the property and adequate transportation can and will
be provided to the subject property.
E. Exception to the Site Development and Design Standards. The approval authority may approve
exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in
PA -T1-2020-00127
78 N Mountain Aye/aa
Page 3
either subsection 1 or 2, below, are found to exist.
1. There is a demonstrable difficulty meeting the specific requirements of the Site
Development and Design Standards due to a unique or unusual aspect of an existing
structure or the proposed use of a site; and approval of the exception will not substantially
negatively impact adjacent properties; and approval of the exception is consistent with the
stated purpose of the Site Development and Design; and the exception requested is the
minimum which would alleviate the difficulty.; or
2. There is no demonstrable difficulty in meeting the specific requirements, but granting the
exception will result in a design that equally or better achieves the stated purpose of the
Site Development and Design Standards.
The approval criteria for a Travellers' Accommodation are detailed in AMC 18.2.3.220 as
follows:
Where travelers' accommodations and accessory travelers' accommodations are allowed, they require a
Conditional Permit under chapter 18.5.4, are subject to Site Design Review under chapter 18.5.2, and shall
meet the following requirements. Because the property 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.
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
PA -T1-2020-00127
78 N Mountain Aye/aa
Page 4
wholly responsible for all operations associated with the accommodation, and has actual
ownership of the business.
The primary residence on the site must be at least 20 years old. The primary residence may be
altered and adapted for travelers' accommodation use, including expansion of floor area.
Additional structures may be allowed to accommodate additional units, but must be in
conformance with all setback and lot coverage standards of the underlying zone.
4. The number of travelers' accommodation units allowed shall be determined by the following
criteria.
a. The total number of units, including the business -owner's unit, shall be determined by
dividing the total square footage of the lot by 1,800 square feet. Contiguous lots under the
same ownership may be combined to increase lot area and the number of units, but not in
excess of the maximum established by this ordinance. The maximum number of
accommodation units shall not exceed nine per approved traveler's accommodation with
primary lot frontage on boulevard streets. For travelers' accommodation without primary lot
frontage on a designated boulevard, but within 200 feet of a boulevard, avenue, or
neighborhood collector street, the maximum number of units shall be seven. Street
designations shall be as determined by the Street Dedication Map in the Comprehensive
Plan. Distances to the property from a boulevard, avenue, or neighborhood collector shall
be measured via a public street or public alley to a lot line.
b. Excluding the business -owner's unit and the area of the structure it will occupy, there must
be at least 400 square feet of gross interior floor space remaining per unit.
5. Each accommodation must have one off-street parking space and the business -owner's unit
must have two parking spaces. All parking spaces shall be in conformance with chapter 18.4.3.
6. Only one ground or wall sign, constructed of a non -plastic material, non -interior illuminated, and
a maximum of six square feet total surface area is allowed. Any exterior illumination of signage
shall be installed such that it does not directly illuminate any residential structures adjacent or
nearby the travelers' accommodation in accordance with subsection 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 he 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
PA -Ti -2020-00127
78 N Mountain. Ave/aa
Page 5
area when compared to the development of the subject lot with the target use of the zone, pursuant
with subsection 18.5.4.050.A.5, below. When evaluating the effect of the proposed use on the
impact area, the following factors of livability of the impact area shall be considered in relation to
the target use of the zone.
a. Similarity in scale, bulk, and coverage.
b. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and
mass transit use are considered beneficial regardless of capacity of facilities.
c. Architectural compatibility with the impact area.
d. Air quality, including the generation of dust, odors, or other environmental pollutants.
e. Generation of noise, light, and glare.
f. The development of adjacent properties as envisioned in the Comprehensive Plan.
g. Other factors found to be relevant by the approval authority for review of the proposed use.
4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted
pursuant to this ordinance.
5. For the purposes of reviewing conditional use permit applications for conformity with the approval
criteria of this subsection, the target uses of each zone are as follows.
c. R-2 and R-3. Residential use complying with all ordinance requirements, developed at the
density permitted by chapter 18.2.5 Standards for Residential Zones.
In staff's assessment, the application with the attached conditions complies with applicable
ordinances and meets all required criteria. Planning Action 4TI-2020-00127 is approved with the
following conditions. Further, if any one or more of the following conditions are found to be
invalid for any reason whatsoever, then Planning Action #TI -2020-00127 is denied. The
following are the conditions and they are attached to the approval:
1) That all proposals of the applicant shall be conditions of approval unless otherwise
modified herein.
2) That the plans submitted for the building permit shall be in substantial conformance with
those approved as part of this application. If the plans submitted for the building permit
are not in substantial conformance with those approved as part of this application, an
application to modify the Site Review approval shall be submitted and approved prior to
issuance of a building permit.
3) That the building permit submittals shall include the following information and revisions
a) Lot coverage calculations including all building footprints, driveways, parking,
patios and circulation areas.
b) That the parking surface for the non -conforming space between the building and
the street be either pavers, grasscrete, or similar to delineate the parking area from
the drive isle.
c) That all outdoor lighting shall be directed downward with full shielding in
accordance with AMC 18.4.4050 and locations and specifications shall be
included in the building permit submittals.
d) That location and type of any mechanical equipment, including but not limited to
PA -Ti -2020-00127
78 N Mountain Ave/aa
Page 6
heating and cooling systems, shall be shown on the building permit submittals.
Heat pumps, air conditioning units and similar mechanical equipment shall meet
the requirements and noise levels of AMC 9.08.170E.3.
e) That storm water from all new impervious surfaces and runoff associated with
peak rainfalls must be collected on site and channeled to the City storm water
collection system (i.e., curb gutter at public street, public storm pipe or public
drainage way) or through an approved alternative in accordance with Ashland
Building Division policy BD -PP -0029. On-site collection systerns shall be
detailed on the building permit submittals.
I) The building permit submittals shall verify that the bicycle parking meets the
design and rack requirements are met in accordance with 15.4.3.070.1 and J.
4) That prior to the issuance of the certificate of occupancy for the new dwelling unit the
following shall be completed.
a) That all public improvements shall be installed to City of Ashland standards under
permit from the Public Works Department and in accordance with the approved
plan.
b) The landscaping and irrigation shall be installed in accordance with the approved
plans prior to issuance of the certificate of occupancy for any of the new dwelling
units. Vegetation shall be installed in such a manner as to be substantially
established within one year of installation.
c) That the bicycle and vehicle parking facilities shall be installed in accordance
with the approved plan prior to issuance of certificate of occupancy for any of the
new dwelling units.
d) That recycle and refuse containers for subject property and dwelling units shall be
screened from adjacent properties and public rights-of-way.
e) That the property owner shall sign in favor of Local Improvement District (LID)
for the future street improvements, including but not limited to sidewalk
installation along Eighth Street. Nothing in this condition is intended to prohibit
an owner/developer, their successors or assigns from exercising their rights to
freedom of speech and expression by orally objecting or participating in the LID
hearing or to take advantage of any protection afforded any party by City
ordinances and resolutions.
f) That all fencing shall be consistent with the provisions of the "Fences and Walls"
requirements in AMC 18.4.4.060 and fence permits shall be obtained prior to
installation.
5) That the applicant must maintain a City business license and pay all transient
occupancy tax in accordance with AMC 4.24 and AMC 6.04 as required.
PA -T1-2020-00127
78 N Mountain Ave/aa
Page 7
12/09/2020
Bill Molnar, Community Development Director Date
PA -T1-2020-00127
78 N Mountain Ave/aa
Page 8
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ASHLAND, O• 9;7520
PA-TI-2020-001*/M6111 PA -TI -2020-00127 PA -Tl -2020-00127
WOLF STEPH 'EN H ROGUE PLANNING & DEVELOPMENT TERRAIN LANDSCAPE ARCHITECTURE
M BOX 152 33 N CENTRALAVE+ HIDDEN LANE
ASHLAND, OR 97520 MEFORD, OR 97501 ASHLAND, OR 97520
AFFIDAVIT OF MAILING
STATE OF OREGON
County of Jackson
The undersigned being first duly sworn states that:
I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On December 9, 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 -T1-2020-00127, 78 N Mountain Ave.
Signature of Employee
G:lcomm-&Oplannin&lanning Acdons4PAs by SlfeetKWGunlaln, NarthlMounlainN_781PA-T1-2020-00127MficeslNOMAFFIDAVIT OF MAIL€NG.doax 1 21912 0 20
Planning Department, 51 Winbu,.. My, Ashland, Oregon 97520 CITY OF
541-48M305 Fax: 541-552-2050 www.ashland.orms TTY: 1-800-735�-2900 ASHLAND
NOTICE OF APPLIC4T*10
PLANNING ACTION: PA -Tl -2020-00127
SUBJECT PROPERTY: 78 North Mountain Avenue
OWNER/APPLICANT: Bobbie Sirnons / Rogue Development Services
DESCRIPTION: :», - Design review to approve adding an additional dwelling unit by converting the
existing home into a duplex and a request for a Condftionall Use Permit (C�UP) to approve the newly created unit as
a Traveler's; AGcommodation. COMPREHENSIVE PLAN DESIGNATION: Multi Family Residential; ZONING: R-3;
ASSESSOR'S MAP #: 3911 E 09 AD; TAX LOT: 7500
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AckusTAs 9__«_ Won"WhMaunwinN 78\PA-I'l-2020-00127\Notices�NNioutitiin-78-1,A.'I'�-2020-00127 NOC.docx OVER (;
The Ashland Planning Division Staff I ,eceived a complete application for the p, , rty noted on Page 1 of this notice
Because of the COVID-19 pandernic, application materials are provided online and comments will be accepted by email.
Alternative arrangements for reviewing the application or submitting comments can be made by contacting (541) 488-5305
or plannin, 5ashland.or.us.
A copy of the application, including all documents, evidence and applicable criteria are available online at "What's
Happening in my City" at littpfo.//gis.asl,,ilaiid,or.Lis/develor)rneiitoroposals/, Copies of application materials will be provided
at reasonable cost, if requested. Under extenuating circumstances, application materials may be requested to be reviewed
in-person at the Ashland Community Development & Engineering Services Building, 51 Winburn Way, via a pre -arranged
appointment by calling (541) 488-5305 or emailing t)ilaniiina(a-),ashlarid.or,us.
Any affected property owner or resident has, a right to submit written comments to pLeLnnLin@ashiand.or.us or to the City of
gL_
Ashland Planning Division, 51 Winburn Way, Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown on, Page
1.
Ashland Planning Division Staff determine if a Land Use application is complete vvthin 30 days of submittal. Upon
determination of completeness, a notice is sent to surrounding properties within 200 feet of the property submitting application
which allows for a 14 -day comment period. After the comment period and not more than 45 days from the application being
deemed complete, the Pianning 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 Cornmrssion of the Planning Division Staff's decision
must be made in writing to the Ashland Pianning Division within 12 days from the date of the mailing of final decision. (AMC
18.5.1.050.G)
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an
objection concerning this application, by letter, or failure to provide sufficient specificity to afford the decision maker an
opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeais (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.
if you have questions or comments concerning this request, please feel free to contact Aaron Anderson at 541-552-2052 or
aaroii.aridersgnP@L[Lland.oi�.us.
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 18.3).
C. Site Development and Design Standards: The proposal complies with the applicable Site Development and Design Standards of part 18A, except as
provided by subsection E, below.
D. City Facilities: The proposal complies with the applicable standards in section 18,4,6 Public Facilities and that adequate capacity of City facilities for water,
sewer, electricity, urban storm drainage, paved access to and throughout the property and adequate transportation can and will be provided to the subject
property.
E Exp option to the Site Developinont and Des4)n Standards: The approval authority may approve exceptions to the Site Development and Design
Standards of part 18A if the circumstances in either subsection 1 or 2, below, are found to exist.
1. There is a demonstrable difficulty meeting the specific requirements of the Site Development and Design Standards due to a unique or Unusual aspect
of an existing structure or the proposed use of a site; and approval of the exception will not substantially negatively impact adjacent properties; and
approval of the exception is consistent with the stated purpose of the Site Development and Design; and the exception requested is the minimum
which would alleviate the difficulty.; or
2. There is no demonstrable difficulty in meeting the specific requirements, but granting the exception will result in a design that equally or better achieves
the stated purpose of the Site Development and Design Standards,
G:lconitii-dev\plajiriiiig'Pliiiiii,,g AvicnsTAs by SIreet\NAVuuwaiT% Nt)rlli\Mou�.haiT%N_78hIIA-"FI-2020-001271Noliccs\NMouittaixi 78,_PA-"rI-2020-00127 �NOC.docx
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 owners) allowing for the operation of the accommodation. Such lease agreement must specifically state
that the property owner is not involved in the day -today operation or financial management of the accommodation and that the business -owner has
actual ownership of the business and is wholly responsible for all operations associated with the accommodation, and has actual ownership of the
business.
3. The primary residence on the site must be at least 20 years old. The primary residence may be altered and adapted for travelers' accommodation
use, including expansion of floor area. Additional structures may be allowed to accommodate additional units, but must be in conformance with all
setback and lot coverage standards of the underlying zone.
4. The number of travelers' accommodation units allowed shall be determined by the following criteria.
a. The total number of units, including the business -owner's unit, shall be determined by dividing the total square footage of the lot by 1,800
square feet. Contiguous lots under the same ownership may be combined to increase lot area and the number of units, but not in excess of the
maximum established by this ordinance. The maximum number of accommodation units shall not exceed nine per approved traveler's
accommodation with primary lot frontage on boulevard streets. For travelers' accommodation without primary lot frontage on a designated
boulevard, but within 200 feet of a boulevard, avenue, or neighborhood collector street, the maximum number of units shall be seven. Street
designations shall be as determined by the Street Dedication Map in the Comprehensive Plan. Distances to the property from a boulevard,
avenue, or neighborhood collector shall be measured via a public street or public alley to a lot line,
b. Excluding the business -owner's unit and the area of the structure it will occupy, there must be at least 400 square feet of gross interior floor
space remaining per unit.
5. Each accommodation must have one off-street parking space and the business -owner's unit must have two parking spaces. All parking spaces shall
be in conformance with chapter 18.4.3.
6, Only one ground or wall sign, constructed of a non -plastic material, non -interior illuminated, and a maximum of six square feet total surface area is
allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby
the travelers' accommodation in accordance with subsection 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.
C:\comm-dev\planningT1anning Acdons\PAs by StrecilWl\vlountain, North\MountainN_781PA-T 1-2020-001271Noleces\NMountain_78_ PA-T1-2020-00127_NOCAcex
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 an the livability of the impact area when compared to the development of the subject
lot with the target use of the zone, pursuant with subsection 18.5.4.050.A,5, below. When evaluating the effect of the proposed use on the impact area, the
following factors of livability of the impact area shall be considered in relation to the target use of the zone.
a. Similarity in scale, bulk, and coverage.
b. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of
capacity of facilities,
c. Architectural compatibility with the impact area.
d. Air quality, including the generation of dust, odors, or other environmental pollutants.
e. Generation of noise, light, and glare.
f. The development of adjacent properties as envisioned in the Comprehensive Plan.
g, Other factors found to be relevant by the approval authority for review of the proposed use.
4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance.
5. For the purposes of reviewing conditional use permit applications for conformity with the approval criteria of this subsection, the target uses of each zone
are as follows.
a. WR and RR. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.25 Standards for Residential
Zones.
b. R-1. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential Zones.
c. R-2 and R-3. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18.2.5 Standards for Residential
Zones.
d. C-1. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio,
complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all
ordinance requirements.
e. C -1-D. The general retail commercial uses listed in chapter 1822 Base .Zones and Allowed Uses, developed at an intensity of 1.00 gross floor to area
ratio, complying with all ordinance requirements.
f, E-1. The general office uses listed in chapter 18.2.2 Base zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio, complying
with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance
requirements.
g. M-1. The general light industrial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, complying with all ordinance requirements.
h. CM -C1. The general light industrial uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.50 gross floor to area ratio,
complying with all ordinance requirements.
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.
GAcomm-devlplanningWlanning Actions\PAs by SueeMVvfountain, NoahV*1oun1ainN_781PA-T1-2020 00I2ANoliceMMountain_78_PA-T 1-2020-00127_NOC.dcex
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 October 26, 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-
00127, 78 North Mountain Ave.
Signature of Employee
C:lUsm smithda.AFNHE1t)esktaplAFF[DAVI70F MAILING.dou 1012612624
PA -T1-2020-00127 391 E09AD600
BLUE IRIS PROPERTIES LLC
PO BOX 531
ASHLAND, OR 97520
PA -T1-2020-00127 391E09AD60006
COOMBS MARY I TRUSTEE ET AL
60 N MOUNTAIN AVE
ASHLAND, OR 97520
PA -T1-2020-00127 391 E09AD603
DICKASON MOOREA D ET AL
77 N MOUNTAIN AVE
ASHLAND, OR 97520
PA -T1-2020-00127 391E09AD703
GREENWALD ALICE T TRUSTEE ET
55 N MOUNTAIN AVE
ASHLAND, OR 97520
PA -T1-2020-00127 391 E09AD712
JOLKOVSKY DAVID L TTEE
1106 WESTFIELD TER
DAVIS, CA 95616
PA -T1-2020-00127 391E09AD60004
RHOADES VERNA SORGEE/RHOADES
51 SCENIC DR
ASHLAND, OR 97520
PA -T1-2020-00127 391E09AD60008
SCHREIBER ARTHUR H TRUSTEE E
64 N MOUNTAIN AVE
ASHLAND, OR 97520
PA -T1-2020-00127 391E09AD705
SOUTHPAW BEAR LLC
59 N MOUNTAIN AVE
ASHLAND, OR 97520
PA -T1-2020-00127 391 E09AD60001
WOLF STEPHEN H
PO BOX 152
ASHLAND, OR 97520
PA -T1-2020-00127 391E09AD200
BURKE-BOLLIER LLCBRENT E
THOMPSON
PO BOX 201
ASHLAND, OR 97520
PA -T1-2020-00127 391 E09AD60002
CRUZ SANDRA
72 N MOUNTAIN AVE
ASHLAND, OR 97520
PA -T1-2020-00127 391E09AD7400
ELIASON GREGORY SCOTT/APODACA
112 NOB HILL ST
ASHLAND, OR 97520
PA -T1-2020-00127 391 E09AD704
HAFLEIGH FAMILY TRUST ET AL
26 PASCALE CT
NAPA, CA 94558
PA -T1-2020-00127 391E09AD60005
MARMON JERRY M
58 N MOUNTAIN AVE
ASHLAND, OR 97520
PA -T1-2020-00127 391 E09AD700
RIDGEVIEW PLACE HOMEOWNERS AS
604 FAIR OAKS CT
ASHLAND, OR 97520
PA -T1-2020-00127 391 E09AD701
SEIDEMAN JEFFREY M
59 N MOUNTAIN AVE
ASHLAND, OR 97520
PA -T1-2020-00127 391E09AD60000
STEPHEN & MELANIE LLC ET AL
PO BOX 964
ASHLAND, OR 97520
PA -T1-2020-00127
ROGUE PLANNING &
DEVELOPMENTAMY GUNTER
33 N CENTRAL AVE STE 213
MEFORD, OR 97501
PA -T1-2020-00127 391 E10900
COMMUNITY WORKS INC
900 E MAIN ST
MEDFORD, OR 97504
PA -T1-2020-00127 391 E09AD60003
CURRER PETER SHERMAN REV TRT
PO BOX 1314
ASHLAND, OR 97520
PA -T1-2020-00127 391 E09AD702
GOULD DONNA G
354 HELMAN ST
ASHLAND, OR 97520
PA -T1-2020-00127 391E09AD7300
HALL RICHARD
892 MENDOLIA WAY
CENTRAL POINT, OR 97502
PA -T1-2020-00127 391 E09AD60007
MARSHIK LINDA
415E18THST
NORTH VANCOUVER, BC
PA -T1-2020-00127 391 E09AD100
RNN PROPERTIES LLCJACKSON
RICHARDINISHA
2640 E BARNETT RD #E-431
MEDFORD, OR 97504
PA -T1-2020-00127 391 E09AD7500
SIMONS ROBERT
78 N MOUNTAIN AVE
ASHLAND, OR 97520
PA -T1-2020-00127 391E09AD601
VICTOR KAIKOO ET AL
61 N MOUNTAIN AVE
ASHLAND, OR 97520
PA -T1-2020-00127
TERRAIN LANDSCAPE ARCHITECTURE
174 HIDDEN LANE
ASHLAND, OR 97520
10/26120
78 N Mountain NOC
27
afi,Fr C1"aAr5ne7
Planning Division
51 Winburn Way, Ashland OR 97520
.CITY o
X45 H II~A N D 541-488-5305 Fax 54I-488-6006
ZONING PERMIT APPLICATION
FILE #++��
DESCRIPTION OF PROJECT Site Design Review and Conditional Use Permit for Travelers' Accommodation
DESCRIPTION OF PROPERTY
Street Address 78 N Mountain Avenue
Assessor's Map No. 391 F 09AD
Zoning R-3
Pursuing LEED® Certification? ❑ YES 0 NO
Tax Lot(s) 7500
Comp Pian Designation High Density Multi -Family Residential
APPLICANT
Rogue Planning & Development Services, LLC 541-951-402{} am anter. tannin mail.Com
Dame Phone E -Mail yg p g@g
Address 33 N Central Avenue, Suite 213
PROPERTY OWNER
Mame Robert Simons
Address 78 N Mountain Avenue
City Medford zip 97501
Phone 541-951-4976 E -Mail bobbysimons@gmail.com
City Ashland Zip 97520
SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER
Title Landscape Design Name Terrain Landscape Architecture phone 541-500-4776 E -Mail piper@terrainarch.com
Address 174 Hidden Lane
Title Name
Address
Phone
City Ashland Zip 97520
City
E -Mail
Zip
f 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. 1 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. f further understand that if this request is subsequently contested, the burden will be on me to
establish:
1) that l produced sufficient factual evidence at the hearing to support this request;
2) that the findings of fact furnished justifies the granting of the request,
3) that the findings of fact furnished by me are adequate; and further
G) 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 t have any doubts, i am advised to seek competent professional advice and assistance.
,cQYyrcy.cu¢� September 25, 2020
Applicant's Sianallure Date
As owner of the property involved in this request I have read and understood the complete application and its consequences to me as a property
owner.
rnhprr cimnnc (n;t F MM 11 AC, PDT) -September,_ .. 25, 2020
Property Owner's Signature (required) Date
[ro he completed by City Slafq
Date Received Zoning Permit Type Filing Fee $ 2-1 3
OVER N
G kemm-dev\planaingT,orms & HmidoutslZoning Permit Applicatiomdoc
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 1 Vx17". Include site plan, building elevations, parking and landscape
details. (Optional —1 additional large set of plans, 2'x3', to use in meetings)
91 FEE (Check, Charge or Cash)
❑ LEED® CERTIFICATION (optional) —Applicant's wishing to receive priority planning action processing shall
provide the following documentation with the application demonstrating the completion of the following steps:
• Hiring and retaining a LEED® Accredited Professional as part of the project team throughout design and
construction of the project; and
• The LEED® checklist indicating the credits that will be pursued.
NOTE:
• Applications are accepted on a first come, first served basis.
• Applications will not be accepted without a complete application form signed by the applicant(s) AND property
owner(s), all required materials and full payment.
• All applications received are reviewed for completeness by staff within 30 days from application date in accordance
with ORS 227,178.
• The first fifteen COMPLETE applications submitted are processed at the next available Planning Commission
meeting. (Planning Commission meetings include the Hearings Board, which meets at 1:30 pm, or the full Planning Commission, which
meets at 7:00 pm on the second Tuesday of each month. Meetings are held at the City Council Chambers at 1175 East Main 5t).
• A notice of the project request will be sent to neighboring properties for their comments or concerns.
• If applicable, the application will also be reviewed by the Tree and/or Historic Commissions.
G�lcomm-devlplanninglPorms & HsndoulsVZoning Per ra Appli—tion,doc
Robert Simons
Site Review and Conditional Use Permit
78 N Mountain Avenue
ROGiIE PLANNING 9 DEVELOPMENT SERVICES, LLC
September 25, 2020
Site Review for Second Unit and a
Conditional Use Permit for, a two -unit T'raveler's Accommodation Unit
Subject Property
Address: 78 North Mountain Avenue
Map & Tax Lot: 39 1E 09AD; 7500
Comprehensive
Plan Designation. High Density, Multi -Family Residential
Zoning: R-3
Adjacent Zones: R-3, R-2 and Employment (E-1)
Overlay Zones: Performance Standards
Lot Area: .26 AC
11,325.6 square feet
Property Description:
The subject property, 78 N Mountain Avenue (39 1E 09AC; Tax Lot
7500). The property is .26 acres, 11,325.6 square feet.
The property is zoned R-3. The adjacent properties to the south and
west across North Mountain Avenue are zoned R-3. These lots are
occupied by single-family and multi -family construction. The property
to the north and east is zoned Employment (E-1) and is occupied by the
City of Ashland Public Works Buildings including the Ashland Police
Department,
The property is occupied by a 2,238 square foot, one and
one-half story single-family residence that was constructed
in the 1920s. There is a 448 square foot barn structure to the
north of the house. The property is accessed via an
approximately 12 -foot wide driveway that is directly
adjacent to the driveway into the city yard.
1
7500
0.26 Ac.
33.00
EAST 135.45
1
There are sidewalks and a grass park row along the frontage of the property.
Mountain Avenue is along the frontage of the property. Mountain Avenue is considered an Avenue
according to the Transportation System Plan. Mountain Avenue is improved with curb, gutter, bike lane,
sidewalk park row, and on -street parking along the west side of the street.
Proposal:
The proposal is to convert the single-family residence to a two -unit duplex and to be allowed to operate
the residence as a short term vacation rental. The residence has been under construction with the goal
of the property owner throughout the process to convert the rear portion of the residence to a second
unit. The homes floor plan lends itself naturally to duplexing. Since obtaining the property, there have
been substantial cosmetic and structural modifications to the home and the historic barn structure. The
front portion of the residence will contain be two-bedroom and the back unit is one bedroom with more
than 500 square feet.
The subject property is zone R-3, High -Density Multi -family Residential. The intent of the zone is for
multi -family residential dwelling development, this property layout, the placement and size of the
residence and the barn structure prevent achieving density in the zone, but the request brings the
property closer to minimum density standards in the R-3 zone.
The property owner is also seeking to have the flexibility to allow the use of the second unit as a travelers'
accommodation unit and obtain a conditional use permit and the necessary business licenses.
Density:
With .26 of an acre, there is a potential density of 5.2 dwelling units. The proposal is for the development
of two units. Since the property is more than 10,000 square feet in area, development of the property
as anything other than a remodeled single-family residence requires demonstration that minimum
density is met. In this case, 80 percent of the minimum density is four (5.2 X.80 - 4.16) units. Due to the
location of the structure, the inability to relocate the driveway, parking limitations, there cannot be four
to six units on the property without parking or driveway variances.
Parking:
With the change of use from single-family residence to duplex and traveler's accommodation, the
parking layout is evaluated. There are three existing parking spaces on-site. They are considered non-
conforming due to their location of more than 50 -feet from the street and there is a surface parking
space between the residence and the street. There is no on -street parking available along the frontage
of the property. Four spaces are required (one, two-bedroom = 1.75 and one one -bedroom greater than
500 SF = 1.5 parking spaces = 3.25). In addition to the three on -street parking spaces, a bike rack for five
additional bike parking spaces is proposed for a single -vehicle parking credit.
N
Access:
The driveway is presently on the north side of the property and adjacent to the driveway accessing the
city yard. The driveway width is 12 -feet and there 15 -feet of clear width. The location of the driveway is
existing, and the separation is non -conforming. The driveway cannot be relocated because at no point
on the frontage can the driveway be located where the required separation standards for an Avenue can
be met. The gravel driveway accesses a single -vehicle barn structure that has two surface parking spaces.
These spaces are more than 50 -feet from the street and have not ever had a formal turn around area.
The proposed site improvements provide a hammerhead that would allow for a turnaround to exit in a
forward manner.
Utility Installation:
The new unit will connect to the water line and share the meter with the existing house. A dual pack
electric meter will be installed on the south side of the residence in the area of the mechanical
equipment.
Tree Protections:
The existing site vegetation includes two large stature juniper trees. These are proposed to be
preserved. No site work that would necessitate tree protection has been proposed. There is a larger
stature deciduous tree on the north side of the property line in the landscape strip north of the short
fence.
On the following pages are written findings addressing the applicable criteria from the Ashland
Municipal Code, the code is in Times New Roman font. The applicant's findings are in Calibri font.
CRITERIA from the Ashland Land Use Ordinance
15.5.2.050 Site Design Review
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 proposed second dwelling unit con be found to comply with the majority of the Site Review
Standards including the Landscaping areas, Lot Coverages, Setbacks, Parking, and other standards for
the development of a second dwelling unit.
Setbacks: The subject property is zoned R-3, High Density, Multi -Family Residential. The existing
residence exceeds the minimum setbacks in the zone. No changes to the structure are proposed
that would alter the setbacks.
Lot Area and Dimensions: There are no alterations to the lot area or dimensions.
Density: The property has a density of five dwelling units. The minimum density is four dwelling
units. Due to the existing location of the residence and the barn structure, the location of the
driveway, and the existing site development, it is not possible to increase the number of parking
spaces provided on-site. The development of additional dwelling units requires more area for
parking than the property can sustain.
A shadow plan has not been proposed because there is no room on the property to relocate the
driveway or the structures to accommodate the creation of a parking lot. On -street parking credits
are not available for this portion of N Mountain Avenue. The current standards for parking and
landscape buffering require a bicycle for vehicle parking space credit and an exception to where
an existing parking space is located to add one unit.
Lot Coverage: Impervious areas including building footprints, patios, pathways, driveways, decks
are 4,862.9 square feet. The maximum coverage is the zone is 65 percent the proposed lot
coverage. The proposed lot coverage is 42.9 percent of the total lot area.
Building Height: The existing structure height is not modified as part of this proposal.
Parking: Four parking spaces are required for the addition of a dwelling unit to the property. The
driveway near the barn structure currently accommodates two vehicles. The third parking space
is to the south of the driveway and is between the building and the street. The existing born
structure, the surface parking in the driveway and the parking space between the building and
the street have historically been the parking spaces for the property. An exception to the
4
standards to formalize' the parking layout and make improvements to the surfaces to define the
boundaries of the parking areas.
Three bicycle parking spaces are required. Two of the required bicycle parking spaces are
provided within the barn. The third space will be provided inside the second unit. Along the south
property line, there is a bicycle parking area for six bicycles. This is to obtain vehicle credit for five
additional bicycle parking spaces.
S. Overlay Zones.
Development Standards for Wildfire Lands
18.3.10.1.00.
A. Requirements for Subdivisions, Performance Standards Developments, Site Design
Review or Partitions.
1. Applicability. A Fire Prevention and Control Plan shall be required with the submission of
any application for an outline plan approval of a Performance Standards development,
preliminary plat of a subdivision, land partition, Commercial Site Design Review increasing a
building's footprint by 200 square feet or greater, or Residential Site Design Review for
developments of three units or greater.
The application is for a Residential Site Design Review for a two -unit development and a
Conditional Use Permit for the use of the property as a Traveler's Accommodation.
There are no decks, additions to existing buildings, and detached accessory structures proposed
which increase lot coverage by 200 square feet or greater. Excepting the two large, established
Juniper trees in the maintained yard area, the site is largely free of vegetation.
A Fire Prevention Control plan is not required by code.
The fencing is existing, the section of solid wood fencing where attached to the building will be
replaced with a 5 -foot section of noncombustible materials.
C. Site Development and Design Standards.
The proposed site development and requested exceptions comply with the applicable Site Development
and Design Standards of part 18.4.
The layout and design do not provide vulnerable areas that are not visible from the units. The
trash/recycling areas are near the public street for easy access and will be screened following the
5
screening standards. The cans will not be visible from the public right -of way and will be in the barn or
behind the fence. The final location will be shown on the change of occupancy permit site plan.
Any new exterior lighting will be appropriately shrouded and will not directly illuminate adjacent
properties. No plant materials are proposed that prevent surveillance of the open space or the semi-
private patios and balconies.
The proposed development requires 856 square feet of recreation space. More than eight percent of the
site is available as open spaces for the use of the property owner and tenant. In addition to the substantial
yard areas, there is also a small porch.
Building Orientation.
Building Orientation to Street. Dwelling units shall have their primary orientation toward a street.
Where residential buildings are located within 20 feet of a street, they shall have a primary entrance
opening toward the street and connected to the right-of-way via an approved walkway.
The residence is oriented towards N Mountain Avenue. There is a front entrance with a front porch
facing and visible from the street.
Limitation on barking between Primary Entrance and Street. Automobile circulation or off-street
parking is not allowed between the building and the street. Parking areas shall be located behind
buildings, or on one or both sides.
An exception to this standard is necessary. There is a pre-existing, surface parking space between
the building and the street. Exception findings are presented herein.
Build -to Line. Where a new building is proposed in a zone that requires a build -to line or maximum
front setback yard, except as otherwise required for clear vision at intersections, the building shall
comply with the build -to line standard.
There is not a build -to or maximum setback line in the R-3 zone.
Garages. Alleys and Shared Drives. Where a lot abuts a rear or side alley, or a shared driveway,
including flag drives, the garage or carport opening(s) for that dwelling shall orient to the alley or
shared drive, as applicable, and not a street.
The primary vehicular access to the site is via the driveway. There are no alleys or shared access
easements.
Setback for Garage Opening Facing Street. The minimum setback for a garage (or carport) opening
facing a street is 20 feet. This provision does not apply to alleys.
The garage opening faces the street but is more than 20 feet from the front property line.
Building Materials. Building materials and paint colors should be compatible with the
surrounding area. Very bright primary or neon -type paint colors, which attract attention to the
building or use, are unacceptable.
No modifications are proposed.
Streetscape. One street tree chosen from the street tree list shall be placed for each 30 feet of
frontage for that portion of the development fronting the street pursuant to subsection 18.4.4.030.E.
A new street tree is proposed to be planted in the landscape park row. The property frontage is
80 feet but the presence of the driveway and separation standards from electric infrastructure,
driveways, etc. reduce the number of street trees.
Landscaping and Recycle/Refuse Disposal Areas. Landscaping and recycle/refuse disposal
areas shall be provided pursuant to chapter 18.4.4.
The area for trash and recycle containers is proposed within the garage structure or the fenced
areas. The trash /recycle area will be screened to prevent view of the cans from the public street.
Landscaping and Screening
A landscape plan adding ornamental landscaping and a street tree is provided. All landscaping
will be maintained in good condition. The sewer, water, and electric service exist for the structure
and no excavation for services is anticipated, limiting site disturbance.
There are is no landscape buffer provided between the surface parking space and the structure
and a reduced buffer is present between the surface parking spaces and the driveway on the
adjacent property accessing the city yard. Exception findings are provided.
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.
Adequate city facilities exist to service the existing structures and the new accessory residential unit.
Water: The existing structure is served with water service from a meter on Mountain Avenue. The
second unit will share water service.
Sanitary Sewer: The existing structure is connected to the sanitary sewer system. This line will be
utilized far the second residential unit.
Electrical: New electric meter will be installed on the property adjacent to the existing electric
meter.
,Storm Sewer: There are stormwoter sewer mains in 8 Street at Mountain Avenue. The existing
structures are not proposed to be modified in a manner that would necessitate the installation of
storm water sewer connections. In consultation with the Public Works Dept., there are no capacity
issues with the city's facilities.
E. Exception to the Site Development and Design Standards. T'he approval authority may approve
exceptions to the Site Development and Design Standards of parte .4 if the circumstances in either
subsection 1, 2, or 3, below, are found to exist.
Exceptions to the standards are necessary. There is
a pre-existing, surface parking space between the
building and the street. The parking space has been
in use according to aerial photos since at least 2012
(red circle on the image is a vehicle). This parking
space was used continuously by the previous
property owners and has been used by the current
property owner.
Additionally, the surface parking area near the barn structure is more than 501 -feet from the street and
does not have a formal turn around the area to exit in a forward manner. Additionally, the driveway is
more than 501 feet in length and is not proposed to pave to flog drive standards. Parking areas for one -
and two-family dwellings do not require pavement.
E-13
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;
There is demonstrable difficulty in meeting the specific standards for Site Development and
Design review with regards to the existing location of the parking, lack of landscape buffer, and
existing parking more than SO feet from the street. This is due to the unique site layout of the
historically single-family residence in the R-3, high-density multi family residential zone where
the base density of the lot is nearly six residences. The existing placement of the house near the
middle of the lot and the historic barn structure to the north of the house and utilizing the
existing site improvements for parking, and the yard areas.
The driveway is in a location that accesses the historic barn structure. The driveway cannot be
relocated, or it will not meet the standards for driveway separation which is greater variance
than the exception to retain the existing parking space between the building and the street. The
driveway cannot be extended to create a parking area at the rear of the residence because the
barn structure and the rear yard and the rear yard improvements (deck/patio and yard) prevent
extension of the driveway.
The surface parking areas are existing and there is no room to create additional landscape
buffering areas.
The approval of the requested exceptions will not have a negative impact on the adjacent
properties. Since its original development, the house, the barn, and the driveway have been
located in their present locations and the neighboring properties have not had issues being
developed as the City of Ashland yard which is zoned Employment, and the adjacent property to
the south is a condominium development. The property across the street had a previous
approval to develop at a higher residential intensity.
The approval of the requested exceptions is consistent with the purpose of the Site Development
and Design standards, the exceptions allow for the property to be developed with additional
density and conditional use permit approval for the travelers' accommodation which allows for
land to be developed to its intended density, and uses from the allowed uses in the multi family
zone. Additionally, preservation of the residence and duplexing the existing structure is the
environmentally responsible thing to do. The increased density allows for additional dwelling
and the provision of a rental space near the bike path and the additional parking enhances the
environment for walking and cycling. The site plan improvements to the driveway and the
landscape plan ensures a high-quality development.
The requested exceptions are the minimum which would alleviate the difficulty in meeting the
lo ca tion, buffering, an d parking requirements.
2. There is no demonstrable difficulty in meeting the specific requirements, but granting the
exception will result in a design that equally or better achieves the stated purpose of the Site
Development and Design Standards; or
The applicant finds there are demonstrable difficulties in meeting the standards.
3, There is no demonstrable difficulty in meeting the specific requirements for a cottage housing
development, but granting the exception Will result in a design that equally or better achieves the
stated purpose of section 18.2.3 .090. (Ord. 3147 § 9, amended, 11/21/2017)
MODEM
18.2.3.220. Travelers' Accommodations and Accessory Travelers,' Accommodations. Travelers'
accommodations and accessory travelers' accommodations shall meet all of the following requirements.
1. All accommodation must rneet 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 .I. 5.28,
All required inspections by the Fire Department will be obtained and maintained according to
AMC 15.2'8,
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.
All required licenses and taxes will be obtained, collected, and paid by the business owner of the
travelers' accommodation.
3. Advertising for an accommodation must include: the City planning action number assigned to
the land use approval,
Adverting will include the planning action number.
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.
The property will not be offered for availability until the conditional use permit is obtained and
the proper licenses obtained.
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.
The property has frontage on N Mountain Avenue which is an avenue on the Street Dedication
Map.
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.
The property owner is the business owner. 78 N Mountain Avenue is the property owner's primary
residence.
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.
The primary residence was constructed in the 1920s and is substantially more 20 years old.
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
11
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.
One accommodation for rent and the, owner's unit is less than the total number of units
permissible (11,325.611800=6.29).
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.
The proposed travelers' accommodation is more than 400 -square feet of gross interior
floor space. The unit is approximately 600 square feet in area,
S. 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 I 8Aj
There are four parking spaces required with the changes of use of the property. This
accommodates the owner's two spaces and a single, space for the duplex unit and travelers
accommodation. The fourth parking space is proposed as a credit through the provision of a bike
parking rack for five bicycles.
Cr. Only one ground or wall sign, constructed of a non -plastic material, non -interior illuminated,
and a maximurn, of six square flet total surface area is allowed. Any exterior illurnination 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". L,
A sign is not proposed at this time. If asign isproposed in the future, asign permit will be obtained,
the sign will be six square feet or less, will not be plastic and will not have interior illumination.
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.
W
Any required inspections will be obtained.
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.
N/A
18.5.4.050 Conditional Use Permit Approval Criteria
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 use of the proposed second dwelling unit as a Traveler's Accommodation is consistent with the
standards for development in the R-3 zone.
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 city facilities exist to service the existing structures and the new accessory residential unit.
Water: The existing structure is served with water service from a meter from N Mountain Avenue.
The water service is proposed to be shared.
Sanitary Sewer: The existing structure is connected to the sanitary sewer service. This line will be
utilized for the new residential unit and travelers' accommodation as well.
Electrical. A new electric service will be added to the existing meter location.
Storm Sewer: The structure is existing and no construction that would alter the connection to the
storm drain systems is proposed.
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.
13
a. Similarity in scale, bulk, and coverage.
The proposed second unit and traveler's accommodation are within the structure and the change
of use will not affect the scale, bulk, or coverage. The lot coverage of the site is substantially less
than the maximum allowed in the zone.
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.
The generation of traffic from the second unit and the Travelers Accommodation are similar in
the number of vehicle trips. The site's location near the university, the bike path, and within 15
minutes of downtown, shopping, and the retail/restaurant districts downtown and on A Street,
allows for pedestrian and bicycling to nearby amenities.
c. Architectural compatibility with the impact area.
The proposed structure is architecturally compatible with the impact area. The use of the ARU as
a Travelers Accommodation will not have an impact on the architecture.
d. Air quality, including the generation of dust, odors, or other environmental pollutants.
Air quality, generation of dust, odors, and other potential pollutants from a Travelers
Accommodation is no greater than the impacts from the allowed multi family use of the property.
e. Generation of noise, light, and glare.
The generation of noise, light, and glare is not any greater from a Travelers Accommodation when
compared to the allowed multi family use of the property with a unit potential of five.
f. The development of adjacent properties as envisioned in the Comprehensive Plan.
The proposed use of the structure as a Travelers Accommodation will not affect the development
of adjacent properties.
g. Other factors found to be relevant by the approval authority for review of the proposed use.
14
The property owner and applicant are not aware of any other relevant factors to be considered in
the 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.
With a Conditional Use Permit, Travelers Accommodations are allowed use in the zone.
5. For the purposes of reviewing conditional use permit applications for conformity with the approval
criteria of this subsection, the target uses of each zone are as follows.
c. R-2 and R-3. Residential use complying with all ordinance requirements, developed at the density
permitted by chapter 18.2.5 Standards for Residential Zones.
The proposed use of the second dwelling unit as a travelers' accommodation is in conformance with all
ordinance requirements and the proposed density complies with the standards for the R-3 zone.
Attachments:
1) PHOTOS OF THE EXISTING STRUCTURE
2) FLOOR PLAN
3) SITE PLAN
4) LANDSCAPE PLAN
15
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