HomeMy WebLinkAboutB_380_PA_T1-2021-00165CITY O F
ASHLAND
12/21/21
Notice of Final Decision
On December 21, 2021, the Community Development Director approved the request for the
following:
Planning Action:
Subject Property:
Applicant:
PA -TI -2021-00165
376 / 380 B St.
Sue DeMarinis
Description: A request for a Conditional Use Permit to authorize the operation of a one
unit Traveler's Accommodation in an existing ARU at the rear of the property. The application
includes a complete set of findings explaining how each of the Special Use standards are met.
The property has two parking spaces at the rear of the property and is requesting one on- street
parking credit to satisfy the third required parking space as was granted at the time of the
approval of the construction for the ARU. COMPREHENSIVE PLAN DESIGNA
al; ZONING: R-2; MAP: 39 1E 09 BA; TAX LOT #: 6500
The Community Development Director's decision becomes final and is effective on the 12' day
after the Notice of Final Decision is mailed. Approval is valid for a period of 18 months and all
conditions of approval identified on the attached Findings are required to be met prior to project
completion.
The application, all associated documents and evidence submitted, and the applicable criteria are
available for review at the Ashland Community Development Department, located at 51
Winburn Way. Copies of file documents can be requested and are charged based on the City of
Ashland copy fee schedule.
Prior to the final decision date, anyone who was mailed this Notice of Final Decision may
request a reconsideration of the action as set forth in the Ashland Land Use Ordinance (ALUO)
18.5.1.050(F) and/or file an appeal to the Ashland Planning Commission as provided in ALUO
18.5.1.050(G). The ALUO sections covering reconsideration and appeal procedures are attached.
The appeal may not be made directly to the Oregon Land Use Board of Appeals.
If you have any questions regarding this decision, please contact 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: 541488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735.2900
www.ashland.or.us
SECTION 18.5.1.050 Type I Procedure (Administrative Decision with Notice)
E. Effective Date of Decision. Unless the conditions of approval specify otherwise or the decision is appealed pursuant to
subsection 18.5.1.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision.
F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below.
I . 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:
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
I8.5.1.050.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. Timefor 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 of Notice of Appeal. 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 Il 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
Ashland, Oregon 97520 TTY: 800-735-2900 O+
www.ashland.onus
ASHLAND PLANNING DEPARTMENT
FINDINGS & ORDERS
PLANNING ACTION: PA -T1-2021-00165
SUBJECT PROPERTY: 3761380 B St.
APPLICANT/OWNER: Sue DeMarinis
DESCRIPTION: A request for a Conditional Use Permit to authorize the operation
of a one unit Traveler's Accommodation in an existing ARU at the rear of the property. The
application includes a complete set of findings explaining how each of the Special Use standards
are met. The property has two parking spaces at the rear of the property and is requesting one on -
street parking credit to satisfy the third required parking space as was granted at the time of the
approval of the construction for the ARU.
COMPREHENSIVE PLAN DESIGNATION: Multi -family Residential; ZONING: R-2;
MAP: 39 IE 09 BA; TAX LOT 4: 6500
SUBMITTAL DATE:
October 14, 2021
DEEMED COMPLETE DATE:
November 9, 2021
STAFF APPROVAL DATE:
December 21, 2021
DEADLINE TO APPEAL (4:30 p.m.):
January 3, 2022
FINAL DECISION DATE:
January 4, 2022
APPROVAL EXPIRATION DATE:
July 4, 2023
DECISION
Subject Property
The subject parcel is located on the South side of B Street, nearest the intersection with Third
Street. The property is rectangular, with an area of approximately 5,360 square feet. The parcel
and immediate surrounding uses are zoned R-2, Multiple -Family Residential. B Street is
identified as an Avenue and is improved with paving, curb and gutters in place. Sidewalks exist
in front of the subject property and throughout the rest of the street.
According to Jackson County tax records, the property currently has a 1,170 square foot single-
family home constructed in about 1992 and a garage of approximately 308 square feet with an
attached lean-to shed of approximately 132 square feet. The garage currently has city facilities
including water, sewer, gas, and electric service. The applicant has previous received Site Design
Review to convert an existing 308 square foot structure to an Accessory Residential Unit behind
the existing home (see: PA -2015-02321). The applicant is applying for a CUP for approval of a
single -unit Traveler's Accommodation in the 308 square foot ARU. No changes to the site are
proposed and thus, the bulk of Site Design Review standards do not apply here.
Conditional Use Permit & Special Use Standards
The application is required to meet the special use standards for a Travelers' Accommodation in
AMC 18.2.3.220 and the approval criteria for a Conditional Use Permit in AMC 18.5.4.050. A
PA -T1-2021-00165
380 B St./aa
Page 1
Travelers' Accommodation is an allowed use in the R-2 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 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, the house is more than 20 years old.
• The allowed number of units is determined by dividing the total square footage of the lot
by 1,800 square -feet (e.g. 5350/1800=2.9). This property would allow a total of 2 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. While the cottage is
only 308 square feet the guests have access to a laundry area / common space in the main
home that measures 112 square feet. This means that the accommodations total 420
square feet meeting this standard.
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 two off street parking spaces and includes a
request for an on -street credit for the third parking space requirement. Staff finds that based on
the impact and known parking availability that approving the request for an on -street credit is
reasonable.
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 two dwelling units
because of he lot size. Staff finds that the proposed use will not generate more traffic than two
full-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. The application complies with all of the applicable provisions of the R-2 zoning
district, the Special Use Standards AMC 18.2.3.220 and the Conditional Use Permit approval
criteria AMC 18.5.4.050.
The property is currently served by adequate City facilities for water, sewer, storm drainage and
electricity. In staff s assessment, the proposal will not have a greater adverse material impact on
the impact area in terms of architectural compatibility, air quality, and generation of traffic,
noise, light and glare and the development of adjacent properties than the prior use of the
property, or the target use allowable within the zone.
In accordance with the Land Use Ordinance, Notice of Complete Application (NOCA) was
mailed to all surrounding properties within 200' of the subject property, as well as a physical
notice posted along the frontage. After the mailing of the NOCA, no public comment received
PA -TI -2021-00165
380 B St./aa
Page 2
either in favor or opposition.
The applicant has submitted a burden of proof document showing that they meet the criteria of
approval 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 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 wholly responsible for all operations associated with the
accommodation, and has actual ownership of the business.
PA -TI -2021-00165
380 B St./aa
Page 3
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.
A Conditional Use Permit shalt 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 18.5.4.050.
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
PA -TI -2021-00165
380 B St./aa
Page 4
drainage, paved access to and throughout the development, and adequate
transportation can and will be provided to the subject property.
3. That the conditional use will have no greater adverse material effect on the livability of
the impact area when compared to the development of the subject lot with the target use
of the zone, pursuant with subsection 18.5.4.050.A.5, below. When evaluating the effect
of the proposed use on the impact area, the following factors of livability of the impact
area shall be considered in relation to the target use of the zone.
a. Similarity in scale, bulk, and coverage.
b. Generation of traffic and effects on surrounding streets. Increases in pedestrian,
bicycle, and mass transit use are considered beneficial regardless of capacity of
facilities.
C. Architectural compatibility with the impact area.
d. Air quality, including the generation of dust, odors, or other environmental
pollutants.
e. Generation of noise, light, and glare.
f. The development of adjacent properties as envisioned in the Comprehensive
Plan.
g. Other factors found to be relevant by the approval authority for review of the
proposed use.
4. A conditional use permit shall not allow a use that is prohibited or one that is not
permitted pursuant to this ordinance.
5. For the purposes of reviewing conditional use permit applications for conformity with the
approval criteria of this subsection, the target uses of each zone are as follows.
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 #PA -T1-2021-00165 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 #PA -TI -2021-00165 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 tunes, and shall be inspected by the Fire Department before
commencing operations and periodically thereafter pursuant to AMC 15.28.
2) That an annual inspection by the Jackson County Health Department shall be conducted
as required by the laws of Jackson County or the State of Oregon.
3) That the applicants shall obtain and maintain a city business license and register for and
pay all transient occupancy tax as required in AMC 4.24 and AMC 6.04 prior to the
operation of the Travelers' Accommodation.
4) That only one wall or ground sign is permitted on site in conjunction with the Traveler's
Accommodation. The sign shall be constructed out of a non -plastic material, shall not be
internally illuminated, and shall have a maximum sign area of six square feet and a
maximum overall height of five feet. Any exterior illumination shall not direct light on to
PA -TI -2021-00165
380 B St./aa
Page 5
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 of 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.
Bill Molnar, Community Development Director Date
Department of Community Development
12.21.2021
PA -TI -2021-00165
380 B St./aa
Page 6
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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,
Oregion 97520, in the Community Development Department.
2. On December 211, 2021 1 caused to be mailed, by regular mail, in a
sealed envelope with postage fullly 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 -2021 -
Signature of Employee
B Street NODW-376rr38o-.PA-Tl-202'1-00165.,NOD, Affidavit of MaNng dou 1212V2021
391E09BA6700 PA -T1-2021-00165 1391 E09BA9000 PA -T1-2021-00165 391E09BA9200 PA -T1-2021-00165
ADAMS JUSTIN RIPETERSON-ADAMS ALLEN DAVID SIDAWN A ASHLAND VILLAGE COTTAGES INC
426 B ST 120 N 2ND ST PO BOX 204
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
391E09BA4500 PA -T1-2021-00165
BARTHOLOMEW SUSAN H
355 B ST
ASHLAND, OR 97520
391E09BA4100 PA -T1-2021-00165
DELUCA RONALD L TRUSTEE
228 MORNINGUGHT DR
ASHLAND, OR 97520
391E09BA9100 PA -T1-2021-00165
FOUNTAIN STACY ET AL
136N2ND ST
ASHLAND, OR 97520
391E09BA4000 PA -T1-2021-00165
HOXMEIER STEVE/KATHRYN
435 B ST
ASHLAND, OR 97520
391E09BA4800 PA -T1-2021-00165
LAVON C WARNER LIVING TRUST E
644 GREENVILLE AVE 275
STAUNTON, VA 24401
391E09BA8200 PA -T1-2021-00165
MCINTYRE MARTHA M TRUSTEE ET
58 FOURTH ST
ASHLAND, OR 97520
391E09BA4700 PA -T1-2021-00165
PEYTON CANDICE EIROBERT L
1068 OLD HIGHWAY 99 S
ASHLAND, OR 97520
391E09BA8100 PA -T1-2021-00165
SPEICHER GWEN E
138 N 3RD ST
ASHLAND, OR 97520
391 E09BA8101 PA -T1-2021-00165
WEISSHAAR DANA
112 PEACH WILLOW CT
LOS GATOS, CA 95032
391 E09BA6100 PA -T1-2021-00165
BRASSEUR XAVIER ET AL
127 CHURCH ST
ASHLAND, OR 97520
391E09BA6500 PA -T1-2021-00165
DEMARINIS SUSAN K TRUSTEE ET
376 B ST
ASHLAND, OR 97520
391E09BA6200 PA -T1-2021-00165
HARRELL BRUCE
€ 338 B ST
ASHLAND, OR 97520
391E09BA8700 PA -T1-2021-00165
HOYT MICHAEL TRUSTEE ET AL
119 N THIRD ST
ASHLAND, OR 97520
391E09BA4600 PA -T1-2021-00165
LIMB JOHN 0 TRUSTEE ET AL
343 B ST
ASHLAND, OR 97520
391E09BA4400 PA -T1-2021-00165
MOSKOWITZ MARK TRUSTEE ET AL
363 B ST
ASHLAND, OR 97520
391E09BA8300 PA -T1-2021-00165
' PRITZKER STEVEN R
1477 5TH AVE
SAN FRANCISCO, CA 94122
391E09BA4300 PA -T1-2021-00165
STACY JOHN AIJULIE A
375 B ST
ASHLAND, OR 97520
380 B St
12/21121 NOD
28
391E09BA6300 PA -T1-2021-00165
WHANG JEFFREY
350 B ST
ASHLAND, OR 97520
391E09BA8500 PA -T1-2021-00165
ETIENNE ROBERT P TRUSTEE ET A
143N3RD ST
ASHLAND, OR 97520
391E09BA6400 PA -T1-2021-00165
HARRIER DAVID J TRUSTEE ET AL
366 B ST
ASHLAND, OR 97520
391E09BA8600 PA -T1-2021-00165
' KLINGENBERG ANITA TRUSTEE ET
17121 DARK HOLLOW RD
' MEDFORD, OR 97501
391E09BA8400 PA -T1-2021-00165
LURLINE LLC
26929 BELLFOUNTAIN RD
MONROE, OR 97456
391 E09BA6701 PA -T1-2021-00165
NOTRICA JACQUELINE ET AL
1280 KIRK LN
ASHLAND, OR 97520
391 E09BA4200 PA -T1-2021-00165
WILLIS DONALD J TRUSTEE ET AL
385 B ST
ASHLAND, OR 97520
391E09BA6600 PA -T1-2021-00165
TARDIFF PETER J TRUSTEE ET AL
386 B ST
ASHLAND, OR 97520
Planning Department, 51 Winburn �.y, Ashland, Oregon 97520 CITY OF
PFF 541-488-5305 Fax: 541-552-2050 www.ashland.orus TTY: 1-800-735-2900 ASHLAND
NOTICE OF APPLICATION
PLANNING ACTION: PA -TI -2021-00165
SUBJECT PROPERTY: 376/380 B Street
OWNER/APPLICANT: Sue DeMarinis
DESCRIPTION: A request for a Conditional Use Permit to authorize the operation of a ogle -unit Traveler's
Accommodation in an existing ARU at the rear of the propeity.The application includes a complete set of findings
explaining how each of the Special Use standards are met. The property has two parking spaces at the rear of the
property and is requesting one on -street parking credit to satisfy the third required parking space as was granted
at the time of the approval of the construction for the ARU. CONIPPW HENSIVE PLAN DESIGNATION:
Multi -Family Residential;, ZONING: R-2; MAP: 39 IE 09 BA; TAX LOT #: 6500
Sam 0",
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The Ashland Planning Division Staff has eived a complete application for the prop. . noted on Page 1 of this notice.
Because of the COVID-1 9 pandemic, 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) 488-6305
or pTannin q@ashland.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 httr)s-.//,qis.ashland.or.Lis/deveigp!nqtitploppwls/. 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 pLqnnjnshland.Qr. LIS.,
Any affected property owner or resident has a right to submit written comments to pjan n ing�@ash land. or, us or to the City of
Ashland Planning Division, 51 Winburn Way, Ashland, Oregon 97520 prior to 4:30 p,m, on the deadline date shown on Page,
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 2001 feet of the property submitting application
which allows for a 14 day comment period. After the comment period and not more than 45 days from the application being
deemed complete, the Planning Division Staff shall make a final decision on the application. A notice of decision is mailed to
the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staff's decision
must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision, (AMC
18.5.1:1.050.G)
The ordinance criteria applicable to this application are attached to this notice. Oregon law states that failure to raise an
objection concerning this application, by letter, or failure to provide Sufficient specificity to afford the decision maker an
opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue.
Failure to specify which ordinance criterion the 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
aaron.anderso i@1gaasnh11aqngd.®rus or 541-552-2052.
CONDITIONAL USE PERMITS (See https:/1'ashlaild.rriLinicipal.cocles/LandL)se/18.5.4.,050)
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.
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.
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.
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.
& 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,
91 Other factors found to be relevant by the approval authority for review of the proposed use.
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
ActkmOAs by RreeftBG Sueet\B 376 3SM 380,_PA-I'l-2C)21-0065TANotio'iii,%B,,,376,,390,PA:f'1.2021-00165 NOC.docx
target uses of each zone are as follows. "
a. WR and RR. Residential use complying with all ordinance requirements, developed at the density permitted by chapter
18.2.5 Standards for Residential Zones.
b. R-1. Residential use complying with all ordinance requirements, developed at the density permitted by chapter 18,2,5
Standards for Residential Zones.
C. R-2 and R-3. Residential use complying with all ordinance requirements, developed at the density permitted by chapter
18.2.5 Standards for Residential Zones.
d. C-1. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an
intensity of 0.35 floor to area ratio, complying with all ordinance requirements; and within the Detailed Site Review
overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance requirements.
e, C-1-13. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an
intensity of 1.00 gross floor to area ratio, complying with all ordinance requirements.
f. E-1. The general office uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0.35
floor to area ratio, complying with all ordinance requirements; and within the Detailed Site Review overlay, at an
intensity of 0.50 floor to area ratio, complying with all ordinance requirements.
g. M-1. The general light industrial uses listed in chapter 1822 Base Zones and Allowed Uses, complying with all
ordinance requirements.
h. CM -C1. The general light industrial uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.50
gross floor to area ratio, complying with all ordinance requirements,
L CM -0E 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.
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
GAcomni-&Yvplanning\Planning ActionsTAs by Streo013 Slreet\B_376_3801B_380_PA-T1-2021-00165 TMNoticing\9 376_380_PA-T1-2021-00165_..NOC.docx
maximum established by this ordinance i maximum number of accommodation units shall r xceed nine per approved traveler's
accommodation with primary lot frontage _.� boulevard streets. For travelers' accommodation wi out 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 18.4.4.050.0.1.
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,
G:lcoinni-devlplanninglPlanning ActiansTAs by StreetkB\B Street\B 376_38018 380_PA-TI-2021-00165 TASNoticin,lB_376_380_PA-TI-2021-00165_NOC.dacx
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 November 9, 2021, 1 caused to be mailed, by regular mail, in a sealed
envelope with postage fully prepaid, a copy of the attached planning action notice to
each person listed on the attached mailing list at such addresses as set forth on this list
under each person's name for the Planning Action #PA -T1-2021-00165, 376-380 B
Street.
Signature of Employee
C:lUse€sTappftDesktop%TempfalesiAFFIDAVIT OF MAiLING_Regan.dou 111912621
T
nrr�e
391E09BA6700 PA -T1-2021-00165 3b, L09BA9000 PA -T1-2021-00165 ; 391E09BA9200 PA -T1-2021-00165
ADAMS JUSTIN RIPETERSON-ADAMS ALLEN DAVID SIDAWN A ASHLAND VILLAGE COTTAGES INC
426 B ST 120 N 2ND ST PO BOX 204
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
39IE09BA4500 PA -T1-2021-00165 391E09BA6100 PA -TI -2021-00165 PA -Tl -2021-00165
2 00165 391E098A9300 PA T1 2021-00165
BARTHOLOMEW SUSAN H BRASSEUR XAVIER ET AL BRASSEUR XAVIER ET AL
355 B ST 927 CHURCH ST 127 CHURCH ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
391E09BA4100 PA -T1-2021-00165 391E09BA6500 PA -T1-2021-00165 391E09BA8500 PA -T1-2021-00165
DELUCA RONALD L TRUSTEE DEMARINIS SUSAN K TRUSTEE ET ETIENNE ROBERT P TRUSTEE ET A
228 MORNINGLIGHT DR 376 B ST 143 N 3RD ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
i
391E09BA9100 PA -T1-2021-00165 391E09BA6200 PA -T1-2021-00165 391E09BA6400 PA -T1-2021-00165
FOUNTAIN STACY ET AL HARRELL BRUCE HARRER DAVID J TRUSTEE ET AL
136 N 2ND ST 338 B ST .366 B ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
:391 E09BA4000 PA -T1-2021-00165 391E09BA8700 PA -T1-2021-00165 39IE09BA8600 PA -T1-2021-00165
HOXMEIER STEVE/KATHRYN HOYT MICHAEL TRUSTEE ET AL KLINGENBERG ANITA TRUSTEE ET
435B ST 119 N THIRD ST 7121 DARK HOLLOW RD
ASHLAND, OR 97520 ASHLAND, OR 97520 MEDFORD, OR 97501
391E09BA4800 PA -T1-2021-00165 391E09BA4600 PA -T1-2021-00165 391E09BA8400 PA -T1-2021-00165
LAVON C WARNER LIVING TRUST E LIMB JOHN 0 TRUSTEE ET AL LURLINE LLC
644 GREENVILLE AVE 275 343 B ST 26929 BELLFOUNTAIN RD
STAUNTON, VA 24401 ASHLAND, OR 97520 MONROE, OR 97456
391E09BA8200 PA -T1-2021-00165 391E09BA4400 PA -T1-2021-00165 391E09BA6701 PA -T1-2021-00165
MCINTYRE MARTHA M TRUSTEE ET MOSKOWITZ MARK TRUSTEE ET AL NOTRICA JACQUELINE ET AL
58 FOURTH ST 363 B ST 1280 KIRK LN
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
391E09BA4700 PA -T1-2021-00165 391E09BA8300 PA -T1-2021-00165 391E09BA8300 PA -T1-2021-00165
PEYTON CANDICE EIROBERT L PRITZKER STEVEN R PRITZKER STEVEN R LIVING TRUS
1068 OLD HIGHWAY 99 S 1477 5TH AVE 1477 5TH AVE
ASHLAND, OR 97520 SAN FRANCISCO, CA 94122 SAN FRANCISCO, CA 94122
391E09BA8100 PA -T1-2021-00165 391E09BA4300 PA -T1-2021-00165 391E09BA6600 PA -T1-2021-00165
SPEICHER GWEN E STACY JOHN AIJULIE A TARDIFF PETER J TRUSTEE ET AL
138 N 3RD ST 375 B ST 386 B ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
391E09BA8101 PA -T1-2021-00165 391E09BA6300 PA -T1-2021-00165 391E09BA4200 PA -T1-2021-00165
WEISSHAAR DANA WHANG JEFFREY WILLIS DONALD J TRUSTEE ET AL
112 PEACH WILLOW CT 350 B ST 385 B ST
LOS GATOS, CA 95032 ASHLAND, OR 97520 ASHLAND, OR 97520
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Planning Division
Irts 51 Winbwn Way, Ashland OR 97520
CITY OF
ASHLAND 541-488-5305 Fax 541-488-6006
DESCRIPTION OF PROPERTY
Street Address 396 kt
FILE# PA -Tl -2021-00165
Pursuing LEEDO Certification? 171 YES ')(No
Assessor's Map No. 391 E Tax Lot(s)
Zoning Comp Plan Designation c t ItriCIf
APPLICANT
Name .j�_')ue, Dc6jtLhf,,s Phone 5 46,2- QIkE -Mail
A I _ 41 et
ftess , " r " 2ra�t Ci 246 tda_'VL
ty d zip o
— lie 3
PROPERTY OWNER
Name Y/ ft 6A 6-�-R 0- Mt
_S:__xt� Phone �XQC_l E-mail (I'l-)
Address -3`7� 'I
, p- 5" city
SURVEYOR, ENGINEER, ARCHITECT LANDSCAPE ARCHITECT, OTHER
Title Name
Address
Title Name
Address
Phone
— city
Phone
— city
E -Mail
E -Mail
WE
Zip
I herebyrepfify that the statements andm1=0017 Contained in 11719 application, Ifirlydiflgthe enclosed drawings and the required lifldings of fact, are luall respects,
kite acid correct: / understand that all ppopepfYpins must be shown on the drawings and visffilo upon the site Inspection. In The event the plus are not shown or their
location found to be iflcomect, the owner assumes full PosponsIbIlIfy. / luffhatundersland that ff this request Is subsequently conlestod, the burden will be on me to
establish:
1) that Ippoduced Sufficlealfaclual evidence al the hedflflg to support 1171srequost.
2) that the the granting olthe request
3) that Ate lifldfts of factfumishedLyme are adequate: and lurcher
4) that 811SIPOCIUM OPIMPADVeMents are propeeAtiocaled on the ground.
(allure I this regard will 'ms a I likely Innot 0flb(the request being set aside, but also possibly //7 my structures being bulli fn reliance Ifiepeoll being required to
es "It"
u this
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b 0 v -d at my expense l b a 'yd
e fe ved at my be a doubts, am advised to seek comp6tentprolessional advice and assistance,
OL2
Ctre
pappiricant's Sig!natu're— Date
Asowner o fhapropellyinVI this request,/have read and understood the COMplete application and its consequences tome as 8 property
ow/78r. jL106C'h7
y(operty Owner's SignatUre !red) Date
fro be completed by CITY slam
Date Received 10.14.2021 Zoning Permit Type Tyle I Filing Fee S 11211.25
101TH
GAco-de0plamng\ronms & Mndmts�oTt agPennit App4 cafion.d—
Applicant/Owner: Sue DeMarinlis
376^B°Street
Ashland, OR97520
541-292-1916, email:
Project: Conversion Vf�E»jating Long -Term Rental to Traveler's Accommodation at 380 "B" Street
Assessor's Map #: 391EQ9BATax Lot 65QO
Zoning: R-3
Explanations for this application meeting approval criteria for Conditional Use Permit are outlined below:
I. The site for this proposed traveler's accommodation has been fully developed in conformance with the
standards of the R-2zoning ofthis Ashland district.
2. As this site has been used as a |mnQ-iernn residential ARU for 6 years, there are already adequate and
approved City facilities. Therewvi|| be no increase in amyfaclUties or development.
3. The factors of livability as a result of this change to short-term accommodation are as foilows:
a. There will benonew development for this change inuse.
b,. The existing ARU changing toaTraveler's Accommodation (TA) will have no adverse effect on
generation of traffic. In fart, the impact will be less than a full-time resident. Travelers are more
likely to walk the two blocks to town for entertainment and dining, thereby increasing pedestrian
traffic (rather than commuting to a job as o full-time resident would do).
c. The cottage lsarchitecturally compatible with the surrounding neighborhood. In fact, the Ashland
Historic Cmnnmm|ss|onow/arded°MmstCornpadb1eNevvConstructiom"th[sprmpedyhn1995a0Ler[ts
re -construction by the current property owner (see -attached copy of award). The cottage matches
the main house on the property in, color, lap sifflng, trim type, and composition roofing.
d. (and e.) Nothing in the conversion of this project from an ARD to e TA will affect air quality, noise,
light or glare of the surrounding area.
f. (and gJ There is no development of any adjacent properties or other factors related to this
project.
4. A Conditional Use Permit aV|oxvs for the use of this property with a TA under the R-2 zoning ordinance
for this site.
S. In regards to parking for this ABU change in use, | urn requesting one on -street credit for the main
house. Asa single woman with only one car, | am already parking on "D" Street for access tVthe front
of my home. An on -street parking credit was already granted for this property with my previous ARU
CUP application (Permit APA,20l5-02321/BD-2016-08146/8D-20l5-02088/Q0-2015-02074).There will
be no greater adverse parking impact for this oppXicadom's request for the same on -street parking
credit. There are two designated off-street parking spaces for this property, with alIeyway access to the
rear of the property, where traveIers or any visitors would enter the fenced yard.
As advised by Planning Stat[ ] have adjusted the square footage of the interior living space for this TA to
include the common area accessing the laundry facilities in the main house. Travelers will have access to the
laundry room by arranging with owner for coming through the back entry and kitchen space to use the laundry
facilities. Therefore, this common area will increase the interior living space from 308 square feet by an
additional 112 square feet for a total of 420 square, feet (see- attached portion of architect's drawing of main
hmmse highlighted in yellow, showing common area access|b|e to travelers from main house rear porch). The
500 sq. ft. outside patio dining and seating area, designated for the TA, has just been nicely re -landscaped,
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The comments of this pre -app are preliminary in nature and subject to change based upon the submittal of
additional or different information. The Planning Commission or City Council are the final decision making
authority of the City, and urre not bound by the comments made by the Staff as part of this pre -application.
ASHLAND PLANNING DIVISON
PRE -APPLICATION CONFERENCE
COMMENT SHEET October 13, 2021
SITE: 376 B Street
APPLICANT: Susan DeMarinis
REQUEST: Conditional Use Permit for a
Traveler's Accommodations
PLANNING DIVISION COMMENTS
This pre -application conference is intended to highlight significant issues before the applicant
prepares and subunits a formal application.
Summary: The proposal requires a Conditional Use Permit for to operate a one -unit traveler's
accommodation in the ARU at the rear of the property.
Staff has two major concerns with the proposed development:
o Variance to unit size: Staff is very concerned about the applicant being able to
successfully demonstrate compliance with the approval criteria for a variance to the
minimum square footage per TA unit.
o In the alternative staff suggests that the applicant consider showing that there is
common area (laundry facilities?) that the guests would have access to there for
satisfying this requirement.
o Staffs chief concern in showing compliance with the approval criteria is the
explain what is the "special or unique physical circumstances of the
subject site" and that "The need for the variance is not self-imposed by
the applicant"
Parking: Staff's second concerns is about parking. The
off-street parking requirement for a traveler's 6' P Shed
accommodation is I space per guest unit plus 2 space
for the business owner. "Therefore, the proposal requires 36 �t2 to , f
three off street parking spaces. The most recent
downtown parking study shows that the on -street
parking occupancy on B Street between 2" d and 3 d is
quite often above 50%. Staff feels that it will be
difficult to support an on -street credit and also believes Studio
132 11?
that there may be public opposition to such a credit. NX3
08 ft2
o With regard to impacts, in evaluating the
approval criteria for the conditional use permit
it is important to keep in mind that this is a
commercial activity that is seen to leaving a
higher impact on the community than a standard
dwelling.
3761380 B Street
October 13, 2021/aa
Page 1
18.2.3.220 Travelers' Accommodations
Where travelers' accommodations and accessory travelers' accommodations are allowed, they
require a Conditional Permit under chapter '18.5.4, are subject to Site Design Review under
chapter 18.5.2, 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
18.23.220A 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 traveller'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
376/380 B Street
October 13, 2021/aa
Page 2
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 busiiniess-
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, nom -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.A.
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.
CONDITIONAL USE PERMIT FOR A TRAVELER'S ACCOMIDATION
S
The application must address the following approval criteria from AMC 1:8,5,4.050.A for a Conditional
Use Permit.
18.6.4.050 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.
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 18.5.4.0150.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.
cl. 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.
376/380 B Street
October 13, 202 1 /aa
Page 3
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 chapterF
Standards for Residential
Zones.
The target use for a R2 property of this size is 2 dwellings, (and would only require I
off street parking space per, the ARU code.) so the proposed use has a greater
parking impact.
BUILDING: Please contact the Building Division for any building codes -related questions at 541-488-
5305,
CONSERVATION: For more information on available water conservation programs, including any
available appliance rebates or assistance with landscaping and irrigation system requirements, please
contact Water Conservation Specialist Julie Smitherman of Conservation Division at 541-552-2062 or via
e-inail to j.ijjje.sn1.i1:her. __n1aLi(_ hland.0AI
1-S . For information on any financial or technical assistance
.................. ............
available for the construction of Earth Advantage/Energy Star buildings, please contact Conservation
Analyst/Ins ector Dan Cunningham at 541-552-2063 or via e-mail to d cun 11 iliggham (i"i;ashhand . Or. LIS
p iajj�
ENGINEERING: No comments. Please contact Karl Johnson of the Engineering Division for any Public
Works/Engineering information at 541-552-2415 or via e-mail to
FIRE: No comments at this time. Please contact Ralph Sartain from the Fire Department for any Fire
Department -related information at 541-552-2229 or via e-mail to rW lai ld.or. LIS
WATER AND SEWER SERVICE: If the project requires additional water services or upgrades to
existing services the Ashland Water Department will excavate and install in the city right of way all water.
services up to and including the meter on domestic and commercial water lines. If a fire line is required,
the water department will also only install a stub Out to the location where the double detector check
assembly complete with a Badger brand cubic foot bypass meter should be placed in a vault external to the
buildin& The vault and the DCDA device housed in it are the responsibility of the property owner and
should be placed at the property line. Fees for these installations are paid to the water department and are
based on a time and materials quote to the developer or contractor. Meter sizes and fire line diameters will
need to be provided to the Water Department at the time of a quote: being rcqucsted, Please Contact Steve
Walker at. 541-552-2326, or ( ) with any questions regarding water utilities.
ELECTRIC SERVICE: "If existing service needs to be upgraded or existing underground service is not
large enough, excavation and conduit may be required from transformer," Please contact Dave Tygerson
in the Electric Department for service requirements and connect fee information at (541) 552-2389 or via
e-mail to Dave will arrange an on-site meeting, and develop a preliminary
electrical service plan for the site. Please allow additional time to accommodate scheduling Of this 011 -Site
meeting and preparing the preliminary plan, Submittals will not be deemed complete without a
preliminary approved plan frorn the Electric Department.
PROCEDURE
Conditional use permits are subject to a "Type I" procedure which includes an administrative decision juade
following public notice and a public comment period. Type I decisions provide an Opportunity for appeal
to the Planning Commission.
376/380 B Street
October 13, 20121/aa
Page 4
APPLICATION REQUIREMENTS
Sitbmittal Information.
The application is required to include all of the following information.
a. The information requested on the application form at
........ . .
b. Plans and exhibits required for the specific approvals sought (see below).
c. A written statement or letter explaining how the application satisfies each and all of the relevant
criteria and standards in sufficient detail (see below).
d. Information demonstrating compliance with all prior decision(s) and conditions of approval for
the subject site, as appVicable.
e. The required fee (see below).
The Ashland [,arid Use Ordinance, which is Chapter 18 of the Municipal Code, is available on-line in its
entirety at: littl)s:i/,,islil,,ind.iiiLii-iicit)al.c(.)des`/il,ciridL)se
Written Statements
Please provide two copies of a written statements explaining ]low the application meets the approval criteria
from the sections of the Ashland Municipal Code listed below. These written statements provide the Staff
Advisor or Planning Corninigsion with the basis for approval of the application:
0 Conditional Use Permit AMC 18.5 AD40
Plans & Exhibits Reguired
Please provide two sets of exhibits (plans or drawings) addressing the submittal requirements from the
sections of the Ashland Municipal Code listed below. These exhibits are used to copy the Planning
Commission packets and for notices that are mailed to neighbors, Please provide two copies on paper no
larger than 11 -inches by 17 -inches and reproducible copies that are drawn to a standard architect's or
engineer's scale.
0 Plans Submittal AMC 18.5.4.040
FEES: Conditional Use Permit $1,120.25
Variance $1,120.25
NOTE: All applications received are reviewed and must be found to be complete before being processed
or scheduled at a Planning Commission meeting. 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.
Applications are reviewed for completeness in accordance with ORS 227.178.
For fttrther information, please contact.,
Aaron Anderson, Associate Planner Date: October 13, 2021
City of Ashland, Department of Community Development
Phone: 541-552-2052 or c-i-nail:aar ii.a. id Ir j(jlia�lj_ja11CW1%LJS
376/380 B Street
October 13, 2.021/aa
Page 5
City of Ashland
Community Development Department
51 Winburn Way
Ashland, OR 97520
Telephone: 541-488-5305
Inspection Line: 541-552-2080
Plan Type: Pre -Application Review
Work Class: Pre -Application Review
PREAPP-2021-00291
pply Date: 9/20/2021
Mag
391 E09BA6500 380 B St
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Owner: Sue Demarinis
Applicant: Sue Demarinis
Owner 376 B St
Applicant 376 B St
Address: Ashland, OR 97520
Andress: Ashland, OR 97520
Phone: (541) 292-1916
Phone: (541) 292-1916
CUP for Travelers Accomodation. Preapp Appointment 10113 2prn.
R
Fee Description: Amount:
Pre -Application Fee $200.00
Applicant: Date:
—" _ _ _ $200.00
CITY OF Planning Mvislon
A
f 14 D 97 0
51 52Winbum Way, Ashland, OR SS H L A N
Project Description
N
APPLICANT
4
Name Phone S41 IVIWE-Mall ZQ& 62'44 &
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Address city p
2,
PROPERTY OWNER
<)
Name dJr'k P1 t Day Time Phone
Address City Zip
Street Address t.) 'Y
PHIMUHUM" 1 ".5. 1.1
Map No. 39 1 E Tax Lot(s)
To request a pre -application conference, submit this form with true scale PDF drawings to,Pj,� The
application will need to Include plans addressing the application submission requirements Including site and landscaping plans
drawn to a standard scale and formatted to print to scale on paper no larger than 11 -Inches by 17 -inches.
1. Completed Application.
2. Narrative — Provide a written description of proposal and request. (if In Historic District, provide pictures of existing
structures, elevations of proposed structures and details of planned exterior design features and materials)
3. Site Plan —The site plan should contain all applicable elements In the Site Plan Checklist (see page 2) plus any other
Information pertinent to this proposal. The site plan will be checked to insure all applicable Information is Included at the
time the pre -application dale Is set.,
4. Additional information - Provide In: the narrative or with the site plan:
1 ) Number of acres in development
2), Total gross square footage of all structures
3) Number of stories on each structure
4) Indicate number of and square footage of:
a) Dwelling Units (Include the units by the number of bedrooms In each unit — e.g. 10 1-bedpoomi, 25 2 -bedroom, etc)
b) Office Spaces
c) Retail Units
d) Other Spaces
5) Percentage of lot coverage by:
a) Structures e) Landscaping
b) Streets & Roads 11) Number of parking spaces
c) Parking AreaslDriveways g) Total square footage of landscaped areas.
d) Recreation Areas h) Other pertinent information of the proposed development
5, LEEDS Certification — Indicate whether project will be pursuing LEEDS certification.
6. Subm,ittal Fee
Pg.2 of 5
Sue D8Madnis
376"8"Street,
Ashland, ORQ7520
S41-2912'1916,emaU:
Conversion ofLong-Term toShort-Term Rental Unit
Subject PropertV: S8O°B"Street, Ashland, QR9752D
Assessor's Map #: 39 1E 09BA Tax Lot 6500
Zoning- R-2
Site Design Proposal:
This application isfor a conversion ofan existing long-term ARU rental unit into a short-term rental unit on the above
subject property. There is currently an existing CUP for this ARU granted under pennit# P&'2O15-O2321/BD-2O16-
O014G/BD'2015-02Q8�8/8D-2015-02074. This 1940's garage was converted in 2015 into an, ARU studio cottage and has
been occupied as a|mng-terrmrental for almost 6years, since January 2016. Situated directly behind the main house at
376°8"Street, Ashland, where the owner lives, this unit shares ayard onthe same tax lot. There isalleyway access and
two designated off-street parking spaces. There will be no changes to the existing structure as it is fully equipped already
for habitation.
The total square footage ofth!islevel tax lot b0.12 acres, mrapproximately 5360 square feet. The percentage of lot
coverage by structu�resis 27%(1170+308=1478 sq,ft./5360=27%).The 1I0square foot single story wood frame
primary residence has three bedrooms with two baths. The square footage of the single story cinder block ARU to be
converted into a short-term rental is 308 square feet and includes a half bath, open space studio living area with a galley
kitchen, granite, countermmoktop, microwave oxen and a 10cu.ft. refrigerator. As this studio cottage unit has been
perfectly adequate asarental home for years, |ammrequesting avariance for the 4O0 square footage requirement for a
short-term rental to he reduced by 92 square feet to accommodate the existing 308 square feet. There will be no
additions, or removals of any structures; everything will remain as is currently existing,
This ARU studio cottage has been meticulously maintained and consideration given to coordinate with the main building
on the property at 376 °D° Street by matching the lap siding and trim types, paint colors, and composition roofing
materials and colors. In fact, the Ashland Historic Commission awarded "Most Compatible New Construction" (see
attached copy) to this property in May 1995 for "outstanding contribution to the preservation, restoration, and
maintenance of Ashland's historic resources",
City utilities are already existing tmthis ARU cottage. There are separate electric and gasmeters dedicated tnthis subject
prmpert/s address of 380 "8" Street. The water a�nd sewer are on a moIti-residential line shared with the rneim house
registered at 376 °B" Street. A new mini -split heater and, air-conditioning unit was recently installed into the cottage at
380 "B" Street for efficiency and comfort to accommodate our new extreme summer heat and smoke episodes.
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