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HomeMy WebLinkAboutB_386_388_PA-T1-2022-00190CITY OF -ASHLAND August 11, 2022 Notice of Final Decision On August 9, 2022, the Community Development Director approved the request for the following: Planning Action: PA -TI -2022-001.09 Subject Property: 386 / 388 B St Applicant: Rogue Planning for Peter & Mari Tardiff Description: A request for a Conditional Use Permit to authorize the operation of a one - unit Traveler's Accommodation in an existing cottage at the rear of the property. The application includes a complete set of findings explaining how each of the Special Use standards are ]net. 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 The Community Development Director's decision becomes linal. 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 M5.1 .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 Johanna 'futhill in the Community Development Department at (541) 488-5305. cc: Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 WinbUrn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 %VNNI%ashlamb)r.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.Ci, aType I decision becornes effective 12 days after the City mails the notice of decision. F. Reconsideration. The Staff Advisor may reconsider aType 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 througli 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. 1 Reconsideration requests shall he 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 StaffAdvisor is not satisfied that an error Occurred crucial to the decision, the Staff Advisor shall deny the reconsideration request, Notice of denial shall be sent to those parties that requested reconsideration. G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following; 1. Who May Appeal. The following persons have standing to appeal a Type I decision. a. The applicant or owner of the subject property. b. Any person who is entitled to written notice of the Type I decision pursuant to subsection 18,5.1 .050,13, c. Any other person who participated in the procceding by submitting written comments oil 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 aType I decision by filing a notice of appeal and paying the appeal fee according to the procedures of this subsection. The fee required in this section shall not apply to appeals made by neighborhood or community organizations recognized by the City and whose boundaries include the site. If an appellant prevails at the hearing or upon subsequent appeal, the fee for the initial hearing shall be refunded. b. Thnefbi- 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 ql'Notice (?fAj,)pea1.'Fhe 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 Lip to the Type I decision, but may include other relevant evidence and arguments. The Commission may allow additional evidence, testimony, Or argument concerning any relevant ordinance provision. 4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type 11 public hearing procedures, pursuant to section 18.5.1,060, subsections A ­ E, except that the decision of the Planning Commission is the final decision of the City on all appeal of a Type I decision, A decision on an appeal is final the date the City inails 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 - 197.960. COMMUNITY DEVELOPMENT DEPARTMENT TeU: 541-488-5305 51 WinbUrn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 ]LywNv.nshland.or.US ASHLAND PLANNING DEPARTMENT FINDINGS & ORDERS PLANNING ACTION: PA -Tl -2022-00190 SUBJECT PROPERTY: 386 / 388 B St. APPLICANT/OWNER: Rogue Planning for Peter & Mari Tardiff DESCRIPTION: A request for a Conditional Use Permit to authorize the operation of a one -unit Traveler's Accommodation in an existing cottage at the rear of the properly. 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. COMPREHENSIVE PLAN DESIGNATION: Multi -Family Residential; ZONING. R-2; MAP: 39 1 09 BA; TAX LOT #: 6600 SUBMITTAL DATE: July 14, 2022 DEEMED COMPLETE DATE: July 22, 2022 STAFF APPROVAL DATE: August 8, 2022 DEADLINE TO APPEAL (4:30 p.m.): August 22, 2022 FINAL DECISION DATE: August 23, 2022 APPROVAL EXPIRATION DATE: February 23, 2024 DECISION Subject Property The subject parcel is located on the Southwest corner of B Street and 3`d Street. The property is rectangular, with an area of approximately 7,840 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 and to the side of the subject property and throughout the rest of the street. According to Jackson County tax records, the property currently has a 1,823 square foot single- family home constructed in about 1888 and a second residence of approximately 604 square feet at the rear of the property. Both residences currently have city facilities including water, sewer, gas, and electric service. The applicant is applying for a CUP for approval of a single -unit Traveler's Accommodation in the 604 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 Travelers' Accommodation is an allowed use in the R-2 zone if it meets the Special Use Standards. Those standards include: PA -T1-2022-00190 386 B St./jt Page 1 • 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 386 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. 7840/1800 — 4.4). This property would allow a total of 4 units. The applicant has proposed only a single unit as a Travelers' Accommodation. • Each unit must have 400 square -feet of gross interior floor space. The ARU is 604 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. The applicant monitored on -street parking at this location during May 2022, demonstrating that parking spaces are consistently available. The location of the accommodation also promotes non -automotive methods of transportation. 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. The small shed on the property provides space for bicycle storage. The targeted use of an equivalent property in the R-2 zone would be 2.43 dwelling units because of the lot size. Staff finds that the proposed use will not generate more traffic than two full-time residences as 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 (HOCA) 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 either in favor or opposition. PA -T1-2022-00190 386 B St./jt Page 2 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. 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, PA -TI -2022-00190 386 B St./jt Page 3 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 18.4.4.050.0.1. 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. A Conditional Use Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions as provided in AMC 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 drainage, paved access to and throughout the development, and adequate transportation can and will be provided to the subject property. PA -TI -2022-00190 386 B St./jt Page 4 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 staffs 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 -T1-2021.00165 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 times, and shall be inspected by the Fire Department before commencing operations and periodically thereafter pursuant to AMC 15.28. 2) That an annual inspection by the Jackson County Health Department shall be conducted as required by the laws of Jackson County or the State of Oregon. 3) That the applicants shall obtain and maintain a city business license and register for and pay all transient occupancy tax as required in AMC 4.24 and AMC 6.04 prior to the operation of the Travelers' Accommodation. 4) That only one wall or ground sign is permitted on site in conjunction with the Traveler's Accommodation. The sign shall be constructed out of a non -plastic material, shall not be internally illuminated, and shall have a maximum sign area of six square feet and a maximum overall height of five feet. Any exterior illumination shall not direct light on to any adjacent residential uses. A sign permit demonstrating compliance with these conditions and with the regulations in the Ashland Municipal Code section 18.2.3.220.F and chapter 18.4.7 shall be obtained prior to the placement of any signage on the PA -T1-2022-00190 386 B St./jt Page 5 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. Bill Molnar, Community Development Director Date Department of Community Development PA -T1-2022-00190 386 B 5t./jt Page 6 PA -T1-2022-00190 391E09BA6700 PA -T1-2022-00190 391E09BA9000 PA -T1-2022-00190 391E09BA9200 ADAMS JUSTIN R/PETERSON-ADAMS ALLEN DAVID S/DAWN A ASHLAND VILLAGE COTTAGES INC 426 B ST 120 N 2ND ST PO BOX 204 ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA -T1-2022-00190 391E09BA4500 BARTHOLOMEW SUSAN H 355 B ST ASHLAND, OR 97520 PA -T1-2022-00190 391E09BA4100 DELUCA RONALD LTRUSTEE ET AL 228 MORNINGLIGHT DR ASHLAND, OR 97520, PA -T1-2022-00190 391E09BA8500 ETIENNE ROBERT P TRUSTEE ETA 143 N 3RD ST ASHLAND, OR 97520 PA -T1-2022-00190 391E09BA6200 HARRELL BRUCE C/O AMIE KRICHMAN 338 B ST ASHLAND, OR 97520 PA -T1-2022-00190 391E09BA8600 KLINGENBERG ANITA TRUSTEE ET 7121 DARK HOLLOW RD MEDFORD, OR 97501 PA -T1-2022-00190 391E09BA8200 MCINTYRE MARTHA M TRUSTEE ET 548 N MAIN ST 430 ASHLAND, OR 97520 PA -T1-2022-00190 391E09BA8300 PRITZKER STEVEN R LIVING TRUS 5301 F ST 223 SACRAMENTO, CA 95819 PA -T1-2022-00190 391E09BA4300 STACY JOHN A/JULIE A 375 BST ASHLAND, OR 97520 PA -T1-2022-00190 391E09BA6300 WHANG JEFFREY 350 B ST ASHLAND, OR 97520 PA -T1-2022-00190 391E09BA9300 BRASSEUR XAVIER ET AL 127 CHURCH ST ASHLAND, OR 97520 PA -T1-2022-00190 391E09BA6500 DEMARINIS SUSAN K TRUSTEE ET 376 B ST ASHLAND, OR 97520 PA -T1-2022-00190 391E09BA9100 FOUNTAIN STACY ET AL 136N2ND ST ASHLAND, OR 97520 PA -T1-2022-00190 391E09BA4000 HOXMEIER STEVE/KATHRYN 435 BST ASHLAND, OR 97520 PA -T1-2022-00190 391E09BA4600 LIMB JOHN 0 TRUSTEE ET AL 343 B ST ASHLAND, OR 97520 PA -T1-2022-00190 391E09BA4400 MOSKOWITZ MARK TRUSTEE ET AL 363 B ST ASHLAND, OR 97520 PA -T1-2022-00190 ROGUE PLANNING & DEVELOPMENT SERVICES 1314-B CENTER DR. PMB#457 MEDFORD, OR 97501 PA -T1-2022-00190 391E09BA6600 TARDIFF PETER J TRUSTEE ET AL 386 B ST ASHLAND, OR 97520 PA -T1-2022-00190 391E09BA4200 WILLIS DONALD J TRUSTEE ET AL 385 B ST ASHLAND, OR 97520 PA -T1-2022-00190 391E09BA3900 BROWN SANYA RAYE 447 BST ASHLAND, OR 97520 PA -T1-2022-00190 391E09BA6800 DI LORETO DANTE' PO BOX 5425 CULVER CITY, CA 90231 PA -T1-2022-00190 391E09BA4700 HARE KEVIN HOWARD TRUSTEE ET 92-1329 PRINCE KUHIO BLVD CAPTAIN COOK, Hl 96704 PA -T1-2022-00190 391E09BA8700 HOYT MICHAEL TRUSTEE ET AL 119 N THIRD ST ASHLAND, OR 97520 PA -T1-2022-00190 391E09BA8400 LURLINE LLC 26929 BELLFOUNTAIN RD MONROE, OR 97456 PA -T1-2022-00190 391.E09BA6701 NOTRICA JACQUELINE ET AL 1280 KIRK LN ASHLAND, OR 97520 PA -T1-2022-00190 391E09BA8100 SPEICHER GWEN E 138N3RD ST ASHLAND, OR 97520 PA -T1-2022-00190 391E09BA8101 WEISSHAAR DANA 112 PEACH WILLOW CT LOS GATOS, CA 95032 CITY OF ASHLAND August 9, 2022 Notice of Final Decision On August 9, 2022, the Community Development Director approved the request for the following: Planning Action: PA -T1-2022-00109 Subject Property: 3861388 B St Applicant: Rogue Planning for Peter & Mari Tardiff Description: A request for a Conditional Use Permit to authorize the operation of a one - unit Traveler's Accommodation in an existing cottage 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 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 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 Johanna Tuthill in the Community Development Department at (541) 488-5305. cc. Parties of record and property owners within 200 ft COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305 51 Winburn Way Fax: 541-552-2050 Ashland, Oregon 97520 TTY: 800-735-2900 www.ashland.or. s kv D PA -T1-2022-00190 391E09BA 6600 375 B STREET LLC 447 B ST ASHLAND, OR 97520 PA -T1-2022-00190 391E09BA 6600 ASHLAND VILLAGE COTTAGES INC 385 B ST ASHLAND, OR 97520 PA -T1-2022-00190 391E09BA 6600 BRASSEUR XAVIER ET AL 355 B ST ASHLAND, OR 97520 PA -T1-2022-00190 391E09BA 6600 DEMARINIS SUSAN K TRUSTEE ET 127 CHURCH ST ASHLAND, OR 97520 PA -T1-2022-00190 391EO96A 6600 FOUNTAIN STACY ET AL 366 B ST ASHLAND, OR 97520 PA -T1-2022-00190 391E09BA 6600 HARRER DAVID J TRUSTEE ET AL 426 B ST ASHLAND, OR 97520 PA -T1-2022-00190 391E09BA 6600 KLINGENBERG ANITA TRUSTEE ET 138N3RD ST ASHLAND, OR 97520 PA -T1-2022-00190 391E09BA 6600 MCINTYRE MARTHA M TRUSTEE ET 5301 F ST 223 SACRAMENTO, CA 95819 PA -T1-2022-00190 391E09BA 6600 PRITZKER STEVEN R 143N3RD ST ASHLAND, OR 97520 PA -T1-2022-00190 391E09BA 6600 ADAMS JUSTIN R/ PETE RSON-ADAM S 435 B ST ASHLAND, OR 97520 rA-T1-2022-00190 391E09BA 6600 ALLEN DAVID S/DAWN A 228 MORNINGLIGHT DR ASHLAND, OR 97520 PA -T1-2022-00190 391E09BA 6600 PA -T1-2022-00190 391E09BA 6600 BARTHOLOMEW SUSAN H STACY JOHN BRASSEUR XAVIER ET AL A/JULIE A 363 BST 375 B ST ASHLAND, OR 97520 ASHLAND, OR 97520 PA -T1-2022-00190 391E09BA 6600 BROWN SANYA RAYE 343 BST ASHLAND, OR 97520 PA -T1-2022-00190 391E09BA 6600 DI LORETO DANTE' C/0 AMIE KRICHMAN 338 B ST ASHLAND, OR 97520 PA -T1-2022-00190 391E09BA 6600 HARE KEVIN HOWARD TRUSTEE ET 376 B ST ASHLAND, OR 97520 PA -T1-2022-00190 391E09BA 6600 HOXMEIER STEVE/KATHRYN 1280 KIRK LN ASHLAND, OR 97520 PA -T1-2022-00190 391E09BA 6600 LIMB JOHN 0 TRUSTEE ET AL 112 PEACH WILLOW CT LOS GATOS, CA 95032 PA -T1-2022-00190 391E09BA 6600 MOSKOWITZ MARK TRUSTEE ET AL 5301 F ST 223 SACRAMENTO, CA 95819 PA -T1-2022-00190 391E09BA 6600 PRITZKER STEVEN R LIVING TRUS 7121 DARK HOLLOW RD MEDFORD, OR 97501 PA -T1-2022-00190 391E09BA 6600 DELUCA RONALD LTRUSTEE ET AL 92-1329 PRINCE KUHIO BLVD CAPTAIN COOK, HI 96704 PA -T1-2022-00190 391E09BA 6600 ETIENNE ROBERT P TRUSTEE ETA 350 B ST ASHLAND, OR 97520 PA -T1-2022-00190 391E09BA 6600 HARRELL BRUCE 386 B ST ASHLAND, OR 97520 PA -T1-2022-00190 391E09BA 6600 HOYT MICHAEL TRUSTEE ET AL PO BOX 5425 CULVER CITY, CA 90231 PA -T1-2022-00190 391E09BA 6600 LURLINE LLC 548 N MAIN ST 430 ASHLAND, OR 97520 PA -T1-2022-00190 391E09BA 6600 NOTRICA JACQUELINE ET AL 26929 BELLFOUNTAIN RD MONROE, OR 97456 PA -T1-2022-00190 391E09BA 6600 SPEICHER GWEN E 119NTHIRD ST ASHLAND, OR 97520 PA -T1-2022-00190 391E09BA 6600 PA -T1-2022-00190 391E09BA 6600 PA -T1-2022-00190 391E09BA 6600 TARDIFF PETER J TRUSTEE ET AL WEISSHAAR DANA WHANG JEFFREY 120 N 2ND ST 136 N 2ND ST PO BOX 204 ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA-T1-2022-00190 391E09BA 6600 386 B St WILLIS DONALD J TRUSTEE ET AL 08/09/2022 '140D 127 CHURCH ST 31 ASHLAND, OR 97520 r- 09 9111-AVVI I Itel A UT T—AILRUIR The undersigned being first duly sworn states that: 1. I am employed by the City of Ashland, 20 East Main Street, Ashland, 2. On August 9i, 2022 1 caused to be mailed, by regular mail, in a sealevi -71 W-3 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 -T1-2022-0,0190, 3681388 B Street. Signature of Employee DocumenU 8N/2022 Planning Department, 51 Winburn Way, Ashland, Oregon 97520 C I T Y 0 F 541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900 -ASHLAND . .......... .. . . ........... NOTICE OF APPLICATION PLANNING ACTION: PA -TI -2022-00190 SUBJECT PROPERTY: 386 / 388 B St. APPLICANT/OWNER: Rogue Planning & Development Services LLC for Peter & Mari Tardiff DESCRIPTION: A request for a Conditional Use Permit to authorize the operation of a one -unit Traveler's Accommodation in an existing cottage 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. COMPREHENSIVE PLAN DESIGNATION: Multi -'Family Residential; ZONING: R-2; MAP: 391 E 09 BA; TAX LOT #: 6600 , a 10MIJORIPlue INMIJIM111 33� 17 34 35§ P, 6 137 imi 23,3 /1455/' "R ��` , � ` ..:� �� � 37 r�'- ��' �l'��j��/��%/%/i�� �/�/��,%J r� ,..683 ,° ubject Property 386 Ity 7 fiR, 86 388 B Street P -T A 1-2022-00190 ag A, 0 1426 /m' iisi; 370j� 3 % 434 My 0 V 44 1'4 1, 38 mwym�/ /14 "7 68 5 Y4 I 148 4 P/ m/r/l/s 686 468 /'610 — [" A V A�8 87/ 6B8 143 IMP, P1111 < F /'' el// 42 12 �1 018 1124' M !__3 .. -.1...", /g&#��/ 14 161 38 V MappirQIsschern Vc anfe and beam w warranly of accuracy. C I T V 0 V 1:591 i­iq.a)4-t so 2S 0 50 100 150 2001 Ad hr—Ja M eacdo— u..n­f_aad­yl—A­ a 15 30 60 90 120 6iouid be Indeporlden0y field ve,,nd fe,,xisfence and,�,r kcaQon ASHLAND Feet Feet 1:591 OVER ActionsTAs by SlrcuNB�B Stre�t\B 386\B_386_388_PA_r F1-2022-00M\Noficing'4B 186-M PAJI-2022-CC190 NOC.docx C The Ashland Planning Division Staff ha- eceived a complete application for the pro,_�rty noted on Page 1 of this notice Because of the COVI D-1 9 pandemic, apiolleation materials are provided online and comments will be accepted by email. Alternative arrangements for reviewing the application or submitting cornments can be made by contacting (541) 488-5305 or, aLannincbashlanoorus. qf_ _ A copy of the application, including all documents, evidence and applicable criteria are available online at "What's Happening in my City" at httos://qis,ashland.or.us/clevelgpn2gntprop.gsals/. Copies of application materials will be provided at reasonable cost, if requested. Under extenuating circumstances, application materlals 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 emailinig fL1anniijg_ Any affected property owner or resident has a right to submit written comments to plan iq gshland.ci.Lis or to the City of L _q@ — Ashland Planning Division, 51 Wnburn 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 within 30 days of submittal. Upon determination of completeness, a notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the applicabon. 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. 1.050.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 LUIBA 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 Johanna Tuthill at 541-552-2045 or Johanna,tUthH1 ndashland.or.US. CONDITIONAL USE, PERMITS (See litips:11ashland.municip cosi„L,!'3 dUse/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, I 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 wlII be provided to the subject property. I 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 fa6lities, 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. 9. 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 perm%tted pursuant to this ordinance. 5, For the purposes of reviewing conditional use permit applications for conformity with the approval criteria of this subsection, the AnonsTAs by Stre&DT Strect\13_38M133386388 PA -T I -2022-001NANoftiqG 386-388 PA -T I -2022-00190_NOC doe% target uses of each zone are as follow.. 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-1-1). The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 1.00 gross floor to area ratio, complying with all ordinance requirements. f. E-1. The general office uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio, complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance requirements. g. M-1. The general light industrial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, complying with all ordinance requirements. h. CM -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 -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. 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. G.lconrnk-devlplar�ninglPlanning ActionsTAs 6y StreeMB Street`H_3861i3_386-386_PA-TI-2022-00190\NoticinalB_386-388 PA-Ti-2022-410190_NOC_docx 3. The primary residence on the site mus, ,ie at least 20 years old. The primary residence way 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 18.4.4.050.0,1. 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. C. Accessory Travelers' Accommodations. In addition to the standards in section 182.3.220.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. GAcnmm-devlplannsng\Planning AetionslPAs by StreeNAB Stree41t3_3861B_386_388_PA-TI-2022-001MNo1icinglB 396-388 PA-T1-2022-00190_N0C.docx G�\eomm-dev\planninglPlanning AdionAPAsby Street\BMStreet\B_36618_366_386 PA-T1-2022-00190llNaticiag\B_766-366 PA-T1-2022-00190_NOC.doex 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 July 22, 2022 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 -T1-2022-00190, 386- 388 B Street. AichaeCSuClzvan Signature of Employee G.Acomm-devWanningTlanning kc onsTA$ by $treeAMB SVeet1B_3861B_386_388_PA-Tl-2022-001 801NobcinglB_386-388_PA-T1-2822-00190_NOC Aifidavitof Mail€ng.docx 712212622 PA -T1-2022-00190 391 E09BA6700 PA -T1-2022-00190 391 E09BA9000 ADAMS JUSTIN RIPETERSON-ADAMS ALLEN DAVID S/DAWN A 426 B ST 120 N 2ND ST ASHLAND, OR 97520 ASHLAND, OR 97520 PA -T1-2022-00190 391E09BA4500 BARTHOLOMEW SUSAN H 355 B ST ASHLAND, OR 97520 PA -T1-2022-00190 391 E09BA4100 DELUCA RONALD L TRUSTEE ET AL 228 MORNINGLIGHT DR ASHLAND, OR 97520 PA -T1-2022-00190 391E09BA8500 ETIENNE ROBERT P TRUSTEE ETA 143 N 3RD ST ASHLAND, OR 97520 PA -T1-2022-00190 391E09BA9300 BRASSEUR XAVIER ET AL 127 CHURCH ST ASHLAND, OR 97520 PA -T1-2022-00190 391 E09BA6500 DEMARINIS SUSAN K TRUSTEE ET 376 B ST ASHLAND, OR 97520 PA -T1-2022-00190 391 E09BA9100 FOUNTAIN STACY ET AL 136 N 2ND ST ASHLAND, OR 97520 PA-T1-2022-0019039IE09BA6200 i PA -T 1 -2022-00190 391 E09BA4000 HARRELL BRUCE C/O AMIE KRICHMAN HOXMEIER STEVE/KATHRYN 338 B ST 435 B ST ASHLAND, OR 97520 ASHLAND, OR 97520 PA -T1-2022-00190 391 E09BA8600 PA -T1-2022-00190 391 E09BA4600 KLINGENBERG ANITA TRUSTEE ET LIMB JOHN 0 TRUSTEE ET AL 7121 DARK HOLLOW RD 343 B ST MEDFORD, OR 97501 ASHLAND, OR 97520 PA -T1-2022-00190 391E09BA8200 MCINTYRE MARTHA M TRUSTEE ET 548 N MAIN ST 430 ASHLAND, OR 97520 PA -T1-2022-00190 391 E09BA8300 PRITZKER STEVEN R LIVING TRUS 5301 F ST 223 SACRAMENTO, CA 95819 PA -T1-2022-00190 391E09BA4300 STACY JOHN A/JULIE A 375 B ST ASHLAND, OR 97520 PA -T1-2022-00190 391E09BA6300 WHANG JEFFREY 350 B ST ASHLAND, OR 97520 PA -T1-2022-00190 391 E09BA4400 MOSKOWITZ MARK TRUSTEE ET AL 363 B ST ASHLAND, OR 97520 PA -T1-2022-00190 391 E09BA9200 ASHLAND VILLAGE COTTAGES ING PO BOX 204 ASHLAND, OR 97520 PA -T1-2022-00190 391 E09BA3900 BROWN SANYA RAYE 447 B ST ASHLAND, OR 97520 PA -T1-2022-00190 391E09BA6800 DI LORETO DANTE' PO BOX 5425 CULVER CITY, CA 90231 PA -T1-2022-00190 391 E09BA4700 HARE KEVIN HOWARD TRUSTEE ET 92-1329 PRINCE KUHIO BLVD CAPTAIN COOK, HI 96704 PA -T1-2022-00190 391E09BA8700 HOYT MICHAEL TRUSTEE ET AL 119NTHIRD ST 3 ASHLAND, OR 97520 PA -T1-2022-00190 391 E09BA8400 LURLINE LLC 26929 BELLFOUNTAIN RD MONROE, OR 97456 PA -T1-2022-00190 391E09BA6701 NOTRICA JACQUELINE ET AL 1280 KIRK LN ASHLAND, OR 97520 PA -T1-2022-00190 PA -T1-2022-00190 391E09BA8100 ROGUE PLANNING & DEVELOPMENT SPEICHER GWEN E SERVICES 138 N 3RD ST 1314-B CENTER DR. PMB#457 ASHLAND, OR 97520 MEDFORD, OR 97501 PA -T1-2022-00190 391 E09BA6600 TARDIFF PETER J TRUSTEE ET AL 386 B ST ASHLAND, OR 97520 PA -T1-2022-00190 391 E09BA4200 WILLIS DONALD J TRUSTEE ET AL 385 B ST ASHLAND, OR 97520 PA -T1-2022-00190 391 E098A8101 WEISSHAAR DANA 112 PEACH WILLOW CT LOS GATOS, CA 95032 386-388 8 St 07/22/22 NOC 29 AiiezAavery.ca/gaharits Utilisez le Gaharit Avery 5160 1 'I ZONING PERMIT APPLICATION Planning Division 51 Wiriburn Way, Ashland OR 97520 VA 'VVDU- 001915 CITY Of ASHLAND 541-488-5305 Fax 541-488-6006 ILE # DESCRIPTION OF PROJECT Conditional Use Permit for Traveler's Accommodation DESCRIPTION OF PROPERTY Street Address 386 B Street Assessor's Map No, 39 1 E O9BA Zoning R-2 APPLICANT Pursuing LEED@ Certification? 1771 YES E NO MEN19=1 f Comp Plan Designation Low Density Multi -Family Residential Name Rogue Planning & Development Services, Phone 5411-951-40202 E-MajG amygunter.pAanning@gmaiI.com Address 1314-B Center Dr., PMB#457 —City Medford- Zip 97501 PROPERTY OWNER Narne Peter Tardiff Phone E -Mail tardiffpetervet@gmaii.com SURVEYOR, ENGINEER ARCHITECT LANDSCAPE ARCHITECT, OTHER Title —Name Phone , Ashland zip 97520 city E -Mail Address City. Zip Title ..—Name Address . ..... City Zip Ihereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects,, true, and correct. I understand that all property pins must be shown on the drawings and visible upon the site inspection, fn the event the pins are not shown or their location found to be incorrect, the owner assumes full responsibility. I further understand that if this request is subsequently contested, the burden will be on me to establish: 1) that I produced sufficient factual evidence at the hearing to support this request; 2) that the findings of fact furnishedjustifies the granting of the request; 3) that the findings of fact furnished by me are adequate; and further 4) that all structures or improvements are properly located on the ground. Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to be removed at my expense, If I have any doubts, I am advised to seek competent professional advice and assistance, � 7 *77��X7.13.2022 App I i c ant'MsiagKatu re Date As owner of the properly involved in this request, I have read and understood the complete application and its consequences to me as a property owner. . . ........... Property Owner's, Signature (reqUired) Date Fa be completed by 04 StaM Date Received Zoning Permit Type Filing Fee G:k0mm-de0planningTo= & Handnuls4Zonjng, Permil Applicatlan.doc July 14, 2022 Conditional Use Permit and Site Review for a Travelers' Accommodation Property Address: 386 B Street Property Owner: Peter and Mari Tardiff 386 B Street Ashland, OR 97520 Planning Consultant: Amy Gunter Rogue Planning & Development Services, LLC 1314-B Center Dr. PMB#457 Medford, OR 97501 Map & Tax Lots: 39 1E 09BA; Tax Lot: 6600 Zoning: R-2 Adjacent Zones: R-2 Overlay Zones: Railroad Historic District Request: The request is for a Conditional Use Permit and Site Review to allow short term rental of the detached guest cottage at the rear of the property as a Travelers' Accommodation. Property Description: The subject property is at the southwest intersection of B and Third Street. The property consists of lots 1, 2, and the easterly 10 -feet of Lot 3, Block "M" of the Railroad Addition to the City of Ashland. The property is 60.04 feet wide along B Street and extends 133.98 feet along Third Street. A 16 -foot -wide public alley is at the rear of the property. The property area is 8,045.36 square feet in area. The subject property and the properties to the north, east and west are zoned R-2, Low Density, Multi - Family Residential. The property is occupied by a historic contributing, single story residence. According to the City of Ashland, Historic Resources Inventory, the single -story residence was constructed around 1888. The structure is known as Kane House. The 1,8,23 square foot, single story residence is an ornate, Queen Anne style architecture that was listed on the National Register of Historic Places in 1988 when converted to an office. The property has been a residence since 2011. At the rear of the residence accessed from the alley is a cottage. This cottage is a small one bedroom with attic, and small covered porch. The cottage is 640 square feet in area. 4 RV 1? _0 r '7- sr. GAYd 0) o -i PN Figure 1: Assess,,,,, M"p The property has two, concrete surface vehicle parking spaces accessed via the rear alley on, site and the cottage parking space has been on the public streets abutting the property, either B or Third Street. The property owners take pride in the property. They have owned for years and the property is well landscaped. There is landscape park row with street trees along the Third Street frontage. The yard has extensively been landscaped with drought tolerant and native landscape materials. Proposal: The request is to allow for the use of the cottage at the rear of 386 B Street as a Travelers' Accommodation. The property owners reside in the residence on the property. The cottage has kitchen cooking facilities and is located on B Street, within the required 200 -feet from the arterial or collector street. Excepting standard necessary yard maintenance, no exterior modifications to the existing historic contributing residence or the property are proposed. The two existing parking spaces accessed via the alley will continue to be utilized as the homeowner and the cottage parking space is located on Third Street. The proposal would continue the use of the surface parking spaces by the property owner and the guest parking for the Travelers' Accommodation as an on -street credit. No physical alterations to the property are proposed to allow the operation; of the property as a single-family residence and traveler's accommodation. Findings addressing the criteria for the approval of a conditional use permit for the use of the property at 386 B Street as a Travelers' Accommodation. The criteria from the Ashland Municipal Code is in Times New Roman font and the applicant's findings are in Calibri font. Criteria from the Ashland Municipal Code: Ashland Municipal Code 18.2.3.220 Travelers' Accommodations Where travelers' accommodations and accessory travelers' accommodations are allowed, they require a Conditional Permit under chapter 18.5.4, are subject to Site Design Review under chapter 18.5.2, 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. Finding: The necessary building, fire and related safety codes will be met. Safety measures including emergency contact information, operable smoke detectors in the sleeping rooms, fire extinguishers in the living area, and fire or emergency escape routes placards in visible locations will be provided in the unit. 2. The business -owner of a travelers' accommodation or the property owner of an accessory travelers' accommodation must maintain a City business license and pay all transient occupancy tax in accordance with AMC 4.24 and AMC 6.04 as required. Finding: The business -owner is the property owner. All City business licenses and transient occupancy tax reporting and payment regulations from AMC 4.24 and AMC 6.04 will be complied with. 3. Advertising for an accommodation must include the City planning action number assigned to the land use approval. Finding: The advertising regulations will be complied with. 4. Offering the availability of residential property for use as an accommodation without a valid Conditional Use Permit approval, current business license and transient occupancy tax registration is prohibited and shall be subject to enforcement procedures. Finding: This request is for the Conditional Use Permit to allow for the operation of a travelers' accommodation, and to allow for the operation to obtain necessary permits. 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. Find_ The property has frontage on B Street which is a neighborhood collector. Additionally, the property has frontage upon Third Street. 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. Finding: The property owner is the business owner. The property owner resides at 386 B Street and it is their 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. Finding: The primary residence is substantially more than 20 -years old and is on the National Register of Historic Places. 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 sarne ownership may be combined to increase lot area and the number of units, but not in excess of the maximurn established by this ordinance. The maximum 111,1111ber of accommodation units shall not exceed nine per approved traveler's accommodation with primary lot -frontage on bOLIlevard streets. For travelers' accommodation Without prirnary lot frontage on a designated boulevard, but within 200 feet of 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 frorn a boulevard, avenue, or neighborhood collector shall be measured via a public street Or public alley to a lot firic. Finding: There are two traveler's accommodations. The owners residence is one and the existing guest cottage is the second traveler's accommodation. Two anis is less than the total number of units permissible (8045/18007- 4.4)., 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, Finding: The guest cottage is more than 400 -square feet of gross interior floor space. The cottage has 640 square feet on the first floor and a 248 square foot finished attic space for a total of 888 square feet which is more than the minimum, interior floor space. The owner's residence within the primary residence. 5. Each accornmodation 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 1-8.41. Finding: There are two, on-site parking spaces accessible at the rear of the property accessed from the alley. There are two, public street frontages which have historically provided a parking space for the property. The cottage is a legal residence as remains as such with the approval of the Conditional Use Permit. As with the existing uses, one of the off-street spaces on the property is for the traveler's accommodation and the other is the owner's use. There is substantial on -street parking available on the two street frontages. There is more than 190 -feet along B and Third Streets., Even excluding 20 -feet from the intersections, there remains eight (8) on -street spaces along B Street and Third Street. During mid-May to June the property owners tracked the on -street parking along B and Third. They checked on the use of the spaces three times a day for a 23 -day period. They found on there were only 50 instances of on -street parking use. Curing the 50, instances of a vehicle parking on the street frontages, only four (4) times were vehicles parked on street for the duration of the time period. The exact vehicles were not recorded so it could be different users throughout the day. Never at any time were all of the spaces taken and rarely were the on -street spaces used throughout the day but were largely intermittent use similar to how they would be used by a multi -vehicle household. Looking at publicly available aerial photographs from GoogleEarth, there are photos (attached) from 2002, 2005, 2010, 2014, 2016, 2017, 2018, and 2020. During the past 20 year period the aerial photos only show use of the spaces by multiple vehicles on both street frontages less than six times, Regardless of the users, there is available parking along the two street frontages to allow for the continued use of one of those spaces by the property owners. 6. Only one ground or wall sign, constructed of a non -plastic, material, non -interior itlUrninated, and a maximurn of six square feet total surface area is allowed. Any exterior illumination of signage shall be installed such that it does riot directly illuminate any residential structures adjacent or nearby the travelers' accommodation in accordance with subsection wV.SAA,050,C, 1. Finding: A sign is not proposed at this time. If a sign is proposed in the future, a sign 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 f.)epartinent shall be conducted as required by the laws of Jackson County or the State of Oregon. Finclio&. Any required inspections will be obtained. S. Transfer of business -ownership of a travelers' accommodation shall be Subject to all requirements of this section and conformwith the criteria of this section. Any further modifications beyond the existing approval shall be in conformance with all requirements of this section. 18.5.2.050 — Site Design Review Approval Criteria An application for Site Design Review shall be approved if the proposal meets the criteria in subsections A, B, C, and D below. The approval authority may, in approving the application, impose conditions of approval, consistent with the applicable criteria. 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. Finding: The proposal complies with the standards of the zoning district. The property is zoned R-2, Low density Multiple Family Residential. The zoning allows for guest houses and the zoning allow for second dwelling units. The density of the property allows for two dwellings. The zoning district also allows for Travelers' Accommodations with a conditional use permit approval. The sites development, including site improvements and structures are not proposed to be modified as part of this proposal. Building orientation, architecture and historic compatibility are not proposed to be modified. B. Overlay Zones. The proposal complies with applicable overlay zone requirements (part 18.3). Finding: The property is within the Ashland Railroad Historic District. No changes that affect the historic development on the site and historic compatibility are proposed. C. Site Development and Design Standards. The proposal complies with the applicable Site Development and Design Standards of part 18.4, except as provided by subsection E, below. Finding: No modifications to the site are proposed to provide for the travelers' accommodation. The paved parking is available adjacent to the alley. There are bicycle parking spaces in the small garage / shed on the north side of the property. The trash / recycle area exists and not proposed to be modified. 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. Finding: The property is presently served by City of Ashland water, sanitary sewer, electric service and storm drainage. The use of the cottage as a dwelling has been previously permitted and inspected. Use of the cottage as a travelers' accommodation will not have a greater impact on the existing public infrastructure than is allowed for two residential units. The occupancy of the property is not proposed to be altered or increased in a manner that would necessitate the installation of fire protection measures beyond the existing smoke detectors, and fire extinguisher. A floor plan of the "exit" routes will be provided in the information for the guests regarding their stay. E. Exception to the Site Development and Design Standards. The approval authority may approve exceptions to the Site Development and Design Standards of part 18.4 if the circumstances in either subsection 1, 2, or 3, below, are found to exist. Findings, There are no exceptions to the site development standards requested. 18.5.4.050 — Conditional Use Permit Approval Criteria A Conditional Use Permit shall be granted if the approval authority finds that the application meets all of the following criteria, or can be made to conform through the imposition of conditions. 1. That the use would be in conformance with all standards within the zoning district in which the use is proposed to be located, and in conformance with relevant comprehensive plan policies that are not implemented by any city, state, or federal law or program. Fines The proposed use of the cottage at the rear of the property as a travelers' accommodation is in conformance with all standards within the zoning district and is in conformance with the Comprehensive Plan. Travelers' accommodation establishments are permitted in the low -Density Multiple Family residential zone with a Conditional Use Permit (CUP). The request is to allow for the continued use of the small cottage as a short-term accommodation and the property owners would retain their residence in the main, historic contributing structure. No changes to the site dimensions, coverage, structure setbacks or exterior facades are proposed. 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. Finding: Adequate utilities, including water, sewer, electricity, and storm drainage are currently in place at the location and they will continue to be provided. To the applicant's knowledge there are no system deficiencies, and the existing residential units are connected to the City's system and not changes are proposed. There is paved access to the site through the alley as well along the public sidewalk along Third Street. Adequate transportation through walking, biking, driving and RVTD Bus service is available along Lithia Way which is only a few hundred feet to the south. 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.S. 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. Finding: The requested conditional use permit can be compared to using the property as two residential units, the primary residence and a second residential unit. a) Similarity in scale, bulk and coverage. Finding: There are no anticipated changes in scale, bulk or coverage. b) Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit are considered beneficial regardless of capacity of facilities. Finding; The generation of traffic from the property for the use of the cottage as a travelers' accommodations will generate similar vehicle trips as residential uses would. According to other travelers' accommodation operators, often, the ability for guests to walk or bike or use transit while visiting is more appealing that driving and dealing with parking. There are two on-site parking spaces and ample on -street parking spaces along the two street frontages. c) Architectural compatibility with the impact area. Findin : There will be no changes to the exterior architecture of the historic contributing structure, nor to the cottages. d) Air quality, including the generation of dust, odors, or other environmental pollutants. Finding: The proposed use of the property as a travelers' accommodation will not generate dust, odor or other environmental pollutants more than the existing residential units do. e) Generation of noise, light, and glare. Finding: The use of the property as a travelers' accommodation would create similar or less noise in the neighborhood than two, full-time, residential units. Light and glare would be similar as a residential use. f) The development of adjacent properties as envisioned in the comprehensive plan. Finding: The approval of the requested conditional use permit will not have an impact on the development of the adjacent properties as envisioned in the comprehensive plan. g) Other factors found to be relevant by the approval authority for review of the proposed use. Finding: There are no other known relevant factors. 4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted pursuant to this ordinance. Finding: A Traveler's accommodation use is 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: Finding: Based on the lot area, 8,045 square feet, the lot can have a primary residential dwelling unit and second residential dwelling. The present configuration is a two -unit dwelling layout. Attachments: Site Plan 388 B Street Cottage '3bLe . . . . . . . . ............. s, Id 1(-dd fool 5, o o o jo r° Y--3) C- �) 0 3)011 1) / / e)o 0 o v / 3)c)o � 0 C-) ,3).) r b,, ) r) . . . . . . . . ............. 3)011 v / ,3).) . ... . ....