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HomeMy WebLinkAboutFourth_143_145_PA-T1-2022-00193September 15, 2022 Notice of Final Decision On September 15, 2022, the Community Development Director approved the request for the following: Planning Action. Subject Property: Applicant: PA -TI -2022-00193 143 & 145 Fourth St. MarenBowling Description: A request for an amendment to an existing Conditional Use Permit (PA - 2000 -0004) to authorize year-round use of a single unit Traveler's Accommodation in an existing 8010 s.f. ARU at the rear of the property. The prior CUP permitted the Traveler's Accommodation only between mid-May to i-n.id-Septembcr. The application includes a complete set of findings explaining how the Special Use standards are met. No changes to the site are proposed. COMPREHENSIVE PLAN DESIGNATION: Multi Family Residential, ZONING: R-2; MAP: 39 1 E 09 BA; TAX LOT: 7400 The Corm-nunity Development Director's decision becornes 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 (Al...UO) 18.5.1.050(F) and/or file an appeal to the Ashland Planning Commission as provided in ALIJO 18.5,1.050(0 ), 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 5411-552-2050 Ashland, Oregon 97520 TTY; 800-735-29010 wvw,asllLtnd.orm� 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 rnay 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 all 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 shalt withdraw the decision for pill-POSeS 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 [lie Staff Advisor is not satisfied that all 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 aType 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 proceeding by submitting written comments on the application to the City by the specified deadline. 2. Appeal Filing Procedure. a, Notice qfAppeal. Any person with standing to appeal, as provided in subsection 18.5,1,050,(1,I, 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 all appellant prevails at the hearing or upon subsequent appeal, the fee for the initial hearing shall be refunded. b. Time jbr 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 qffolice ofAppeal. The notice of appeal shall be accompanied by the required filing fee and shall contain. i. Ali identification of the decision being appealed, including the date of the decision. iL A statement demonstrating the person filing the notice of appeal has standing to appeal. iii. A statement explaining the specific issues being raised oil appeal. iv. A statement demonstrating that the appeal issues were raised during the public comment period. cl, 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 oil 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 incl tide 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 bearing 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 rnails, the adopted and signed decision. Appeals of Commission decisions must be filed with the State (,and t)se Board of Appeals, pursuant to ORS 197.805 - 197.860. COMMUNITY DEVELOPMENT DEPARTMENT Td: 541-488-5305 51 Wiiiburn Way Fax 541-552-2050 AsWand, Oregari 97520 TTY: 800-735-2900 Nv%v%N,ashIand,0rA1S ASHLAND PLANNING DEPARTMENT FINDINGS & ORDERS PLANNING ACTION: PA -TI -2022-00193 SUBJECT PROPERTY: 143 & 145 Fourth St. APPLICANT/OWNER: Maren Bowling DESCRIPTION: A request for an amendment to an existing Conditional Use Permit (PA -2000-0004) to authorize year-round use of a single unit Traveler's Accommodation in an existing 800 s.f. ARU at the rear of the property. The prior CUP permitted the Traveler's Accommodation only between mid-May to mid-September. The application includes a complete set of findings explaining how the Special Use standards are met. No changes to the site are proposed. COMPREHENSIVE PLAN DESIGNATION: Multi Family Residential; ZONING: R-2; MAP: 39 IE 09 BA; TAX LOT: 7400 SUBMITTAL DATE: August 23, 2022 DEEMED COMPLETE DATE: August 26, 2022 STAFF APPROVAL DATE: September 15, 2022 DEADLINE TO APPEAL (4:30 p.m.): September 27, 2022 FINAL DECISION DATE: September 28, 2022 APPROVAL EXPIRATION DATE: March 28, 2024 DECISION Subject Property The subject parcel is located on the west side of Fourth Street between B Street and C Street. The property is rectangular, with an area of approximately 7,100 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 surrounding area. According to Jackson County tax records, the property currently has a 1,380 square foot single- family home constructed in about 1900 and a second residence of approximately 800 square feet at the rear of the property, accessed via the alley between Third Street and Fourth Street. Both residences currently have city facilities including water, sewer, gas, and electric service. The applicant is applying for a minor modification to the existing CUP to allow for year-round use of a single -unit Traveler's Accommodation in the 800 square foot ARU. This property has been utilized as a travelers' accommodation since the initial CUP approval in 2000. It was operated from mid-May to mid-September and used as a month-to-month rental during the rest of the year. Minor Modification, Conditional Use Permit & Special Use Standards PA -TI -2022-00193 145 Fourth St./jt Page 1 As this is an amendment of an existing CUP, the scope of review is limited to the modification request; other criteria are addressed in this report for reference and clarity only. The proposed modification is to allow for year-round operation of the travelers' accommodation at the rear of the property. This modification proposal conforms to the Ashland Municipal Code standards. A 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 was determined to be within 200 ft of B Street at the time of the original CUP (PA -2000-0004). • 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 applicant resides in the home at 143 Fourth St. • The primary residence must be at least 20 years old. As indicated by Jackson County assessor data, 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. 7100/1800 — 3.9). This property would allow a total of 3 units. The applicant has proposed only a single unit as a year-round Travelers' Accommodation. • Each unit must have 400 square -feet of gross interior floor space. The ARU is 800 square feet, meeting this standard. The applicant's proposal to operate a year-round, single guest -unit Travelers' Accommodations requires a total of three parking spaces; one for each guest -unit and two for the property owner. The application materials include a site plan indicating three off street parking spaces. The applicant is required to provide two bicycle parking spaces. A small bicycle shed is indicated on the provided site plan. The targeted use of an equivalent property in the R-2 zone would be 2.16 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. Additionally, the accommodation's proximity to downtown will encourage frequent walking and biking. 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 PA -T1-2022-00193 145 Fourth St./jt Page 2 notice posted along the frontage. After the mailing of the NOCA, no public comment received either in favor or opposition. The applicant has submitted a burden of proof document showing that they meet the criteria of approval for a minor modification to a Conditional Use Permit. The application materials also demonstrate that the proposed use is in conformance with the zoning district requirements as well as the special use standards. Additionally, a sign permit has been submitted and approved in conjunction with this Planning Action (SIGN -2022-00159). The approval criteria for a Travelers' Accommodation are detailed in AMC 18.2.3.220 as follows: The scope of review for this action is limited to the modification request for year-round operation of the travelers' accommodation. Criteria for the Conditional Use Permit and the special use standards for a Travelers' Accommodation are listed here for clarity and reference. Because the property is fully developed and there are no site changes proposed or required we do not address the Site Design Review criteria. 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 l=ire 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 Pian. 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 PA -T1-2022-00193 145 Fourth St./jt Page 3 accommodation and that the business -owner has actual ownership of the business and is wholly responsible for all operations associated with the accommodation, and has actual ownership of the business. 3. The primary residence on the site must be at least 20 years old. The primary residence may be altered and adapted for travelers' accommodation use, including expansion of floor area. Additional structures may be allowed to accommodate additional units, but must be in conformance with all setback and lot coverage standards of the underlying zone. 4. The number of travelers' accommodation units allowed shall be determined by the following criteria. a. The total number of units, including the business -owner's unit, shall be determined by dividing the total square footage of the lot by 1,800 square feet. Contiguous lots under the same ownership may be combined to increase lot area and the number of units, but not in excess of the maximum established by this ordinance. The maximum number of accommodation units shall not exceed nine per approved traveler's accommodation with primary lot frontage on boulevard streets. For travelers' accommodation without primary lot frontage on a designated boulevard, but within 200 feet of a boulevard, avenue, or neighborhood collector street, the maximum number of units shall be seven. Street designations shall be as determined by the Street Dedication Map in the Comprehensive Plan. Distances to the property from a boulevard, avenue, or neighborhood collector shall be measured via a public street or public alley to a lot line. b. Excluding the business -owner's unit and the area of the structure it will occupy, there must be at least 400 square feet of gross interior floor space remaining per unit. 5. Each accommodation must have one off-street parking space and the business - owner's unit must have two parking spaces. All parking spaces shall be in conformance with chapter 18.4.3. 6. Only one ground or wall sign, constructed of a non -plastic material, non -interior illuminated, and a maximum of six square feet total surface area is allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the travelers' accommodation in accordance with subsection 18.4.4.050.C.1. 7. An annual inspection by the Jackson County Health Department shall be conducted as required by the laws of Jackson County or the State of Oregon. 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 rinds 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. 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 PA -TI -2022-00193 I45 Fourth St./jt Page 4 Comprehensive plan policies that are not implemented by any City, State, or Federal law or program. 2. That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the development, and adequate transportation can and will be provided to the subject property. 3, That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development of the subject lot with the target use of the zone, pursuant with subsection 18.5,4.050.A.5, below. When evaluating the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in relation to the target use of the zone. a. Similarity in scale, bulk, and coverage. b. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless of capacity of facilities. C. Architectural compatibility with the impact area. d. Air quality, including the generation of dust, odors, or other environmental pollutants. e. Generation of noise, light, and glare. f. The development of adjacent properties as envisioned in the Comprehensive Plan. 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 permitted pursuant to this ordinance. 5. For the purposes of reviewing conditional use pert -nit applications for conforr-My 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 rneets all required criteria. Planning Action #PA -TI -2022-00193 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 HPA-T] -2022-00193 is denied. The following are the conditions, and they are attached to the approval: 1) That all proposals of the applicant shall be conditions of approval unless otherwise modified here, 2) 'T'hat all conditions of approval from the original Conditional Use Permit (PA -2000-0004) shall be conditions of approval for this action. September 15, 2022 Bill MoInar, Community Development Director Date Departrnent of Community Development PA -TI -2022-00193 145 Fourth St./jt Page 5 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 September 15, 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- 00193, 143 & 145 Fourth Street. �AlichaeBuffivan Signature of Employee Gkcmm-devlplanAnglPlanNngAcWrLs As byStreehFlFoarthSlreat4Fouith_145ftuith_145_PA-Ti-2022-001S3WotcinglNODWourth_145_PA-T1-2022-00193_N01]_AffidavitofMailing.doex9!1512022 PA -T1-2022-00193 391 E09BA7800 A&G HOWE PROPERTY MANAGEMENT 4575 HIGHWAY 66 ASHLAND, OR 97520 PA -T1-2022-00193 391E09AC5201 DELUCA RONALD L TRUSTEE ET AL 228 MOONLIGHT DR ASHLAND, OR 97520 PA -T1-2022-00193 391 E09BA7500 FREEMAN THOMAS WILLIAM TRUSTE 460 ROCK ST 2 ASHLAND, OR 97520 PA -T1-2022-00193 391 E09AB7700 LOVETT BRIAN C TRUSTEE ET AL 161 BIRDSONG LN ASHLAND, OR 97520 PA -T1-2022-00193 391 E09BA6700 ADAMS JUSTIN R/PETERSON-ADAMS 426 B ST ASHLAND, OR 97520 PA -T1-2022-00193 391 E09BA6800 DI LORETO DANTE' PO BOX 5425 CULVER CITY, CA 90231 PA -T1-2022-00193 391E09AB8200 GREENE HARRIET 9647 WAGNER CREEK RD TALENT, OR 97540 PA -T1-2022-00193 391E09AS7600 LOVETT LESLIE ANNE TRUSTEE ET 113 WILLOW SPRINGS DR TALENT, OR 97540 PA -T1-2022-00193 391E096A6701 PA -T1-2022-00193 391E09BA7700 NOTRICA JACQUELINE ET AL ORE SHAKESPEARE FEST ASSOC 1280 KIRK LN PO BOX 158 ASHLAND, OR 97520 ASHLAND, OR 97520 PA -T1-2022-00193 391 E09AC5100 ROGERS VALERIE M ET AL 130 FOURTH ST ASHLAND, OR 97520 PA -T1-2022-00193 391E09AB7900 SUTER LIVING TRUST ET AL 1589 CHEMEKETA ST NE SALEM, OR 97301 PA -T1-2022-00193 391 E09AB8500 ZINDER DANIEL J 460 B ST ASHLAND, OR 97520 PA -T1-2022-00193 391E09AB8300 SMITHTON ROBERT LEE TRUSTEE E PO BOX 1856 ROSS, CA 94957 PA -T1-2022-00193 391 E09BA8101 WEISSHAAR DANA 112 PEACH WILLOW CT LOS GATOS, CA 95032 143 & 145 Fourth 5t 09/15/22 NOD 22 Go to wery.cont /templates 3 1j,", a: -y F-11plot'. 511,(1 t PA -T1-2022-00193 391E09BA7400 BOWLING MAREN TRUST ET AL 143 FOURTH ST ASHLAND, OR 97520 PA -T1-2022-00193 391E09BA8000 FITZGERALD MARTHA D REVOCABL 114N3RD ST ASHLAND, OR 97520 PA -T1-2022-00193 391 E09BA7600 LANG PHILIP C ET AL 758 B ST ASHLAND, OR 97520 PA -T1-2022-00193 391 E09BA8200 MCINTYRE MARTHA M TRUSTEE ET 548 N MAIN ST 430 ASHLAND, OR 97520 PA -T1-2022-00193 391 E09BA8300 PRITZKER STEVEN R 5301 F ST 223 SACRAMENTO, CA 95819 PA -T1-2022-00193 391 E09BA8100 SPEICHER GWEN E 138 N 3RD ST ASHLAND, OR 97520 PA -T1-2022-00193 391 E09AB8100 YULA CLAIRE PROPERTIES LLC C/O ELIZABETH STARK 73 PINE ST ASHLAND, OR 97520 Planning Department, 51 Winburn Way, Ashland, Oregon 97520 C I T Y 0 F 541-488-5305 Fax: 541-552-2050 www.ashland.orus TTY: 1-800-735-2900 -ASHLANW NOTICE OF APPLICATION PLANNING ACTION: PA -TI -2022-00193 SU13JECT PROPERTY: 143 & 145 Fourth St. APPLICANT/OWNER: Maren Bowling DESCRIPTION: A request for an amendment to an existing Conditional Use Permit (PA -2000-0004) to authorize year-round use of a single unit Traveler's Accommodation in an existing 800 s.f. ARU at the rear of the property. The prior CUP pert-nitted the Traveler's Accommodation only between naid-May to mid-September. The application includes a complete set of findings explaining how the Special Use standards are met. No changes to the site are proposed. COMPREHENSIVE PLAN DESIGNATION: Multi Family Residential; ZONING: R-2; MAP: 39 IE 09 BA; TAX LOT: 7400 u �2 'E49`6 3837 7 9 5/ 6 ,,,'4�9 /*4 494 2 7 434 j, 565/ 4 3f# 46(,)L - k/ =1111p, N', A .... ....... 1170 (5 8�2 159 V 68 41� �68 n 38 '172 4 . . ....... 143/ I'd Subject Property "y, 143 & 145 Fourth 580 J St 42`JI PAM, -2022-00193 7 v yg��V, n, o) a 14 z NO 'if I I "I'll" , / �,­& , /M. 60" & /, , " 552 / 4% A H 438 -160 9 A 30 Z_ 8 160 M f�/ a 160 6 R/ I , , I g 1"111 /A ........ . Vve 1— m j,", R 5 131 8 �5// 44 A I rgy W/ , VM/� A M, 155 0,1 " ) J 6y U/1,141 J 130 t'67 AM r J,,"y /p W A� 13' Ph) -y 5 J 64 10 A1011- 11 21 0 50 100 150 200 mappi,v P$ sCh­wvp onlyaod boars no warraoly oraxvracy. CITY OF it 15 30 60 90 12i 0Feet shnoW bo Mdepoodenffy§W yefifiedforexisfeC68,�dlolw&0-ASHLAND er60 1:659 OVER AaiansTAs by StreerTaurffi StreetToWh H 5\Fourthl T� 45_PA--2022-N) I 1,)3\NaJchag,\Faui1h_14 5_PA-T 1 -2022-00 1 93NOC OuQx UC The Ashland Planning Division Staff has eived a complete application for the prop noted on Page 1 of this notice Because of the COVID-19 pandemic, application materials are provided online and commentswill beaccepted byemail, Alternative arrangements for reviewing the application or submitting comments can be made by contacting (541) 488-5305 or Acopy o@the app|iootipn.including eUdmcurmumba,evidence and applicable ohtmrimare available online at"VVhat'sHappening in my City" Copies ofapplication matehaUswill beprovided at reasonable cost, ifrequested. Under extenuating circumstances, application materials may be requested to be reviewed in-person at the Ashland Community Development & Engineering Services Bmi|ding, 51 VVinburm VVay, via a pre -arranged appointment by calling (541)488-63D5ormmai|ing Any affected property owner or resident has a right to submit written comments to �rtotbe City of Ashland Pianning Division, 51 Winburn Way, Ashland, Oregon 97520 prior to 4:30 p.rn, on the deadline date shown on Page 1. Ashland Planning Division Staff determine ifa Land Use application is complete, within 30 days of submittal. Upon cletermination of completeness, a notice is sent to surrounding properties within 200 feet of the property submitting application which allows for o 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 m final dedaium 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 tothe Ashland Planning Division within 12 days fronnthe date of the mailing of final decision. (AMC 18.5.1�050.G) The ordinance criteria oppfivabletothis application are attached tothis notice. Oregon law states that failure to raise anobjection concerning this application, by |etter, orfailure 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 (LQBA) on that issue. Failure to specify which ordinance criterion the objection is basad on also precludes your right ofappeal to [0B/\ 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 uunnrnanta concerning thiim pmquemt, please feel free to contact Johanna Tuthill at 541-552-2045 or AConditional Use Permit shall bagranted Uthe approval authority finds that the application meets all ofthe following criteria, orcan bomade toconform through the imposition ofconditions. 1. That the use would be in conformance with all standards within the zoning district in which the use [o 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. 1 That the conditional use will have no greater adverse material effect on the livability of the impact area when compared to the development nfthe subject lot with the target use of the zone, pursuant with subsection 18.5.4,050.A.5, below, VVhen evaluating tie effect of the proposed use nmthe impact area, the following factors oflivability uf the impact area shall beconsidered inrelation to the target use nfthe zone. a. Similarity inscale, bulk, and coverage. b. Generation mftraffic and effects unsurrounding streets, increases in pcdmebom, bicycle, and mass transit use are considered beneficial regardless ofcapacity nffacilities. C, Architectural compatibility with the impact area. d. Air quality, including the generation of dust', odors, or other environmental pollutants. e. Generation cfnoise, light, and glare. t The development of adjacent properties as envisioned in the Comprehensive Plan. g. Other factors found toburelevant bythe approval authority for review ofthe proposed use. 4. AcondiUmaluse permit shall not allow ause that is prohibited orone that is not permitted pursuant tothis ordinance. 5. For the purposes of reviewing conditional use permit applications for conformity with the approvalcriteria ofthis subsection, the target uaoa cdeach zone are asfollows. a. WR and RR. Residential use complying with all ordinance nnquim*ments, 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, F-2 and R'3. Residential use complying with all ordinance requirements, developed otthe density permitted by chapter 18.2.5 Action sT As byutrc"ffmaummrecuFo"rtii_/m\F"=*_a~PA-l'`-�,o22-43,`wm"wm,�\pwvw45r^-T/-2u22-U,o3 Nocu== Standards for Residential Zone. d. C-1. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowea Uses, developed at an intensity of 0.35 floor to area ratio, complying with all ordinance requirements; and within the Detailed Site Review overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance requirements. e, C -1-D. The general retail commercial uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 1.00 gross floor to area ratio, complying with all ordinance requirements. f. E-1. The general office uses listed in chapter 18.2.2 Base Zones and Allowed Uses, developed at an intensity of 0.35 floor to area ratio, complying with ail 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. L 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 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, G-lwni .dev\planninglPlanning Actions\PAs by StreetTTeuith Streel\Fourtit-145\rour#h, 145_PA T1-2022-001931Noticing\rourlh 145_PA-T3-2022-00193_NOC dock 6. Only one ground or wall sign, constructer. . non -plastic material, non -interior illuminated, anc 3ximum of six square feet total surface area is allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the travelers' accommodation in accordance with subsection 18.4.4.050.C.1. 7. An annual inspection by the Jackson County Health Department shall be conducted as required by the laws of Jackson County or the State of Oregon. 8. Transfer of business -ownership of a travelers' accommodation shall be subject to all requirements of this section and conform with the criteria of this section, Any further modifications beyond the existing approval shall be in conformance with all requirements of this section. C. Accessory Travelers' Accommodations. In addition to the standards in section 18.2.3.220.A, accessory travelers' accommodations shall meet all of the following requirements. 1. The operator of the accessory travelers' accommodation must be the property owner and the property must be the operator's primary residence. The operator must be present during operation of the accessory travelers' accommodation. 2. The property is limited to having one accessory travelers' accommodation unit, covered under a single reservation and consisting of two or fewer bedrooms. Meals are not provided and kitchen cooking facilities are not permitted with an accessory travelers' accommodation, with the exception of kitchen cooking facilities for the primary residence. 3. The total number of guests occupying an accessory travelers' accommodation must not exceed two people per bedroom. 4. The property must have two off-street parking spaces. The total number of guest vehicles associated with the accessory travelers' accommodation must not exceed one. 5. Signs are not permitted in conjunction with the operation of an accessory travelers' accommodation. G:lcomm-devSplanning\PlanuingActions\PAsbyStreet\rTourthStreetTourth_1A5\F'ourth_1A5 PA-TI-2022-001931Noli6ng\Faur1h_145_PA-T1-2022-00193 NOCAd x 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 August 29, 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 -T1-2022-00193, 143 & 145 Fourth Street. l ichaeBuffiyan Signature of Employee G:lcomm-devlplanninglPlanningAcfionslPAshySVeetFWouithSVeenFourth_145%Feu€th_145 PA-7t-2022-40i931NogcinglFovrkl45_PA-T1-2022-00193_NGC_Affidavitof Mailing ,docx8129f2022 PA -T1-2022-00193 391 E09BA7800 PA -T1-2022-00193 391 E09BA6700 PA -T1-2022-00193 391 E09BA7400 A&G HOWE PROPERTY MANAGEMENT ADAMS JUSTIN R/PETERSON-ADAMS BOWLING MAREN TRUST ET AL 4575 HIGHWAY 66 426 B ST 143 FOURTH ST ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520 PA -T1-2022-00193 391 E09AC5201 DELUCA RONALD L TRUSTEE ET AL 228 MOONLIGHT DR ASHLAND, OR 97520 PA -T1-2022-00193 391E09BA7500 FREEMAN THOMAS WILLIAM TRUSTE 460 ROCK ST 2 ASHLAND, OR 97520 PA -T1-2022-00193 391E09AB7700 LOVETT BRIAN C TRUSTEE ET AL 161 BIRDSONG LN ASHLAND, OR 97520 PA -T1-2022-00193 391E09BA6701 NOTRICA JACQUELINE ET AL 1280 KIRK LN ASHLAND, OR 97520 PA -T1-2022-00193 391E09AC5100 ROGERS VALERIE M ET AL 130 FOURTH ST ASHLAND, OR 97520 PA -T1-2022-00193 391 E09AB7900 SUTER LIVING TRUST ET AL. 1589 CHEMEKETA ST NE SALEM, OR 97301 PA -T1-2022-00193 391 E09AB8500 ZINDER DANIEL J 460 B ST ASHLAND, OR 97520 PA -T1-2022-00193 391 E09BA6800 DI LORETO DANTE' PO BOX 5425 CULVER CITY, CA 90231 PA -T1-2022-00193 391E09AB8200 GREENE HARRIET 9647 WAGNER CREEK RD TALENT, OR 97540 PA -T1-2022-00193 391 E09AB7600 LOVETT LESLIE ANNE TRUSTEE ET 113 WILLOW SPRINGS DR TALENT, OR 97540 PA -T1-2022-00193 391E09BA7700 ORE SHAKESPEARE FEST ASSOC PO BOX 158 ASHLAND, OR 97520 PA -T1-2022-00193 391 E09AB8300 SMITHTON ROBERT LEE TRUSTEE E PO BOX 1856 ROSS, CA 94957 PA -T1-2022-00193 391E09BAB 101 WEISSHAAR DANA 112 PEACH WILLOW CT LOS GATOS, CA 95032 143 & 145 Fourth St 08/29/22 NOC 22 PA -T1-2022-00193 391E09BA8000 FITZGERALD MARTHA D REVOCABL 114 N 3RD ST ASHLAND, OR 97520 PA -T1-2022-00193 391 E09BA7600 LANG PHILIP C ET AL 758 B ST ASHLAND, OR 97520 PA -T1-2022-00193 391 E09BA8200 MCINTYRE MARTHA M TRUSTEE ET 548 N MAIN ST 430 ASHLAND, OR 97520 PA -T1-2022-00193 391 E09BA8300 PRITZKER STEVEN R '5301 F ST 223 SACRAMENTO, CA 95819 PA -T1-2022-00193 391 E09BA8100 SPEICHER GWEN E 138 N 3RD ST ASHLAND, OR 97520 PA -T1-2022-00193 391 E09AB8100 YULA CLAIRE PROPERTIES LLC C/O ELIZABETH STARK 73 PINE ST ASHLAND, OR 97520 I APPLICATION parrallal ZONING PERMIT Planning Division CITY OF 51 Winburn Way, Ashland OR 97520 FILE # PA --T1-2022-00193 'ASHLAND 541-488-5305 Fax 541-488-6006 DESCRIPTION OF PROJECT Pursuing a modification to existing CUP to allow year-round operation DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? ❑ YES © NO Street Address 143 4th Street Assessor's Map No. 391 E Zoning APPLICANT Name Maren Bowling Address 143 4th Street PROPERTY OWNER Name Same as Above Address Tax Lot(s) Camp Plan Designation Phone 408-375-3719 E -Mail morry_bowling@yahoo corn city Ashland Phone E-Maii SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER Title Name Phone Address Title Address Phone city _ City City Zip 97520 Zip E -Mail Zip E -Mail Zip- I hereby certify that the statements and information contained in this application, including the enclosed drawings and the required findings of fact, are in all respects, true and correct. f understand that all property pins must be shown on the drawings and visible upon the site inspection. In the event the pins are not shown or their location found to be incorrect, the owner assumes full responsibility. f further understand that if this request is subsequently contested, the burden will be on me to establish: 1) that/ 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 axile e any doubts, I am advised to seek competent professional advice and assistance. 8/16/2022 Applicarif s Signature Date As owner e pro e involved in this request, 1 have read and understood the complete application and its consequences to me as a property owner. 8/16/2022 Property Owner's Signature (required) Date [To be completed by City StA Date Received 8.24.2022 Zoning Permit Type Type 1 Filing Fee $ 1120.25 OVER N Wcomm-devlplenningTonns R Handouts\Zoning Permit Appiicatien.doc ZONING PERMIT SUBMITTAL. REQUIREMENTS Li APPLICATION FORM must be completed and signed by both applicant and property owner. Li PLANNING FEES FORM must be completed and signed by both applicant and property owner. ❑ FINDINGS OF FACT — Respond to the appropriate zoning requirements in the form of factual statements or findings of fact and supported by evidence. List the findings criteria and the evidence that supports it. Include information necessary to address all issues detailed in the Pre -Application Comment document. ❑ TRUE SCALE PDF DRAWINGS — Standard scale and formatted to print no larger than 11x17 inches. Include site plan, building elevations, parking and landscape details. ❑ FEE (Check, Charge or Cash) ❑ LEED® CERTIFICATION (optional) —Applicant's wishing to receive priority planning action processing shall provide the following documentation with the application demonstrating the completion of the following steps: • Hiring and retaining a LEED® Accredited Professional as part of the project team throughout design and construction of the project; and • The LEED® checklist indicating the credits that will be pursued. NOTE: • Applications are accepted on a first come, first served basis. • Applications will not be accepted without a complete application form signed by the applicant(s) AND property owner(s), all required materials and full payment. • All applications received are reviewed for completeness by staff within 30 days from application date in accordance with ORS 227.178. • The first fifteen COMPLETE applications submitted are processed at the next available Planning Commission meeting. (Planning Commission meetings include the Hearings Board, which meets at 1:30 pm, or the full Planning Commission, which meets at 7:00 pm on the second Tuesday of each month. Meetings are held at the City Council Chambers at 1176 East Main St), • A notice of the project request will be sent to neighboring properties for their comments or concerns. • If applicable, the application will also be reviewed by the Tree and/or Historic Commissions. G:konun-devVplanizinglFonus & 11midoulsVonina Pem it Application.doc EXISTING CONDITIONAL USE PERMIT APLICATION Modification to the CUP to allow year-round operation at 145 Fourth Street, Ashland, Oregon August 18, 2022 Owner: Maren Bowling Written Description This request on the existing conditional use permit is for pursuing a modification to allow for year-round operation vs the 4 months (Mid -May thru Mid -September) use of a detached, single family accessory residential unit at 145 Fourth Street as a seasonal overnight or weekly tourist accommodation. This unit (called "Casa Amor Cottage") is a two-story, 800 sq. ft. structure located at the back (i.e., the alley or West end) of the lot where 1, Maren Bowling, permanently reside at 143 Fourth Street. It is in a residential zone of the Ashland Railroad Addition Historic District, an R-2 Low Density Multi -Family zone. I am the owner of both buildings on the lot. The main house, where I live, is on the National Register of Historic Places, listed as a prima rylcontributing, "Vernacular" structure (ID# 114.0 Survey #193). The cottage was remodeled in 2015 by Gant and Merrick, with all City and Historic Commission remodeling and occupancy approvals given at the time. The cottage, sits in a 20 x 20 foot square inside the original footprint of an originally built structure back in the 1940's and maintains the old building's general shape. It contains 800 sq. ft, of useable space. Right off the back alley where the cottage resides, there is three off- street ffstreet parking spaces. Which include both a small carport with a storage closet and a space partially covered by a second -floor deck extending from the cottage to the roof of the carport. New concrete sidewalks and the gravelling of the alley, meeting City and Historic District requirements, were installed at the time of the remodel, and a concrete patio for the cottage and a small concrete deck for the carport storage closet were created as well. The cottage has been remodeled to serve as an Adjacent Dwelling Unit (ADU) and I herein propose to use the cottage for a number of years as an overnight or weekly accommodation during the Ashland tourist season, which these days runs almost all year around. This full-time conditional use of the cottage will conform with all City and Historic District ordinances and will enhance the historic flavor of Fourth Street, modestly reviving one of its principal historic uses in the time of the original Ashland Railroad Addition District. Maren Bowing, Owner as of January 2022 (Please see original & Updated 2000 CUP AMC findings and recordings below) Ordinance Reference --1.8.2.4.01.0 Purpose The R-2 district is designed to provide an environment suitable for urban living, including residential uses and appurtenant community services. Because of the location and design of the cottage at 145 Fourth Street, it can function as a small home -oriented commercial dwelling that will attract pedestrians or bike riders in the Railroad District. Impact The proposed conditional use should have no adverse material effect on the livability of the impact area. This includes size, architectural compatibility, generation of traffic, air quality, generation of noise, light and glare, and development of adjacent properties. When the Conditional Use Permit was granted for a purely residential use of the cottage, findings were in favor of the remodel. Please consider: 1) The design for architecture and scale were seen as beneficial to both the main house and the neighborhood, and regardless of use this will still be true. 2) In the earlier finding, it was assumed that, given its proximity to food, shopping, public transportation and downtown amenities, the cottage would produce less than six vehicles' trips per day, as opposed to ten for a new single-family residence. Although foot traffic is likely to increase in the alley and in the Railroad District as a result of the installation of a tourist accommodation at the cottage, car traffic would be minimized. In fact, because tourists are more likely to walk to their destination than a long-term resident might, car traffic would probably be even less than that produced by a renter or a family member who lived in the valley and went to work by car every day. 3) The use and location's favorable effect on car traffic has the additional positive benefit of reducing noise and bad effects on air quality in the area. There is no reason to assume there would be undue "generation of dust, odors, or other environmental pollutants" as a result of the proposed new use of the cottage. 4) There are already several apartment buildings and other dwellings on the alley between Third and Fourth Streets and in the vicinity, and it is not uncommon to see people walking there. Neighbors are accustomed to a good bit of foot traffic in the neighborhood. Glaring lights on signs or buildings have been rejected in the design of the cottage and new carport. Additional landscape features are planned to reduce the normal light and sound effects of cottage residency on the main house, which is likely to be more impacted than a neighbors. 5) Development of adjacent properties would not be materially affected as a result of the accommodation of tourists at the cottage. On the other hand, this new use revives a bit of history, the historic location of travelers' accommodations on Fourth Street, particularly, in the historic Railroad District. In addition to the above five factors, There will also be printed materials to emphasize both the residential and the historic nature of Fourth Street and the Ashland Railroad District. I have a strong commitment to the idea that, regardless of use, this is a family cottage that must blend comfortably into the livability of both the main house and the surrounding neighborhood, Increasing Pedestrian Traffic in the Railroad District. On Fourth Street between Band C Streets, the cottage has easy pedestrian ingresslegress, from both the alley and Fourth Street to many attractive walks and locations. The alley opens on the south end onto C Street, the opening of easy walks of 5 minutes to the nearest bus stop and the library, arid of 10-12 minutes to Lithia Park and even the furthest downtown restaurants, theaters and other businesses. On the north end of the alley, easy walks open either west onto Third Street or, paralleling the cottage's front sidewalk, east onto Fourth Street. Taking the Third Street egress, a pedestrian is 7 minutes away from the businesses on Oak Street, including Cantwell's and the new "open air" market that Allen Sandler will soon develop at A and Oak Streets, Exiting from the cottage to Third Street, one is only 3-7 minutes from dry cleaners, dentists, banks, places to eat or develop photos, and the post office. Taking the Fourth Street egress, a pedestrian is 2 minutes away from the Peerless Restaurant and 3 from the developing bustle of the A Street commercial district, without the hassle of parking there. The provision of a covered bicycle shed and town bicycles will encourage travelers to bike in the neighborhood. Ordinance Reference 18.24.020 Permitted Uses The principal use of the cottage at 145 Fourth Street is permitted outright for multi- family dwelling and home occupations on a single property. Its design features conform with this ordinance by providing visual attractiveness, including through the use of a covered patio or porch entry with posts and large eaves, highlighted by a second - story deck. Ordinance Reference 18.24.030 Conditional Uses The seasonal travel lodging function of the cottage at 145 Fourth Street will meet all requirements to pass the annual Type I reviews of the first three years and any subsequent reviews, such as the Type II procedure for licensed accommodations, during its years of operation. 1. The cottage is a fully equipped, furnished family cottage on the same lot as and adjacent to my permanent residence at 143 Fourth Street. It was designed as a separate, single-family dwelling, most perfectly suited for occupancy by one or two adults. I am the sole owner and will be involved in the day to day operation and financial management of the accommodation and am wholly responsible for all operations associated with the accommodation. 2. There are three conforming, off-street parking spaces beside the cottage. I will have use of the carport and one space. The additional parking space will pertain to the cottage occupants (whether family or tourists). These will be clearly marked to identify the appropriate user. There is an additional space allotment to the property on Fourth Street, and it is easily accessible to the cottage or the main house via a sidewalk and gate. (Ord. 18.92.020) 3. Near the new sidewalk along the north side of the property, there will be a small, non -illuminated, metal or wood ground marker. indicating the name, location and address of the cottage behind the main house. It will be smaller than 3 square feet in size and will be visible from both the street and the city sidewalk of Fourth Street. (Ref. 18.72.110) 4. There is a single, two-story accommodation unit on the property. The cottage has 800 sq. ft. of gross interior floor space. See also (8) below. 5. The primary residence on the site is approximately 100 years old and has not been altered or adapted for travelers' accommodation use. The cottage is structurally and topographically in conformance with all Conditional Use setbacks and lot coverages of the Railroad Addition Historic District, as defined by the original remodeling permits. (See also 18.24.040, paragraph D, below.) 6. Any transfer or modification of business -ownership of the cottage will be applied for at the time of change and will conform to all requirements. 7. The cottage will conform to all ordinances and will be subject to an annual inspection by the Jackson County Health Department. (Ord. 2776 S1, 1996) 11 ;; 11�111lilr Pill! B. Travelers,' Accommodations. In addition to the standards described above in section 18.24.0301, travelers' accommodations shall meet all of the following requirements, 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 EEand AMC EDas required. 3. Advertising for an accommodation must include the City planning action number assigned to the land use approval. *Yes, I will maintain the business license, pay the tax, and advertise using the planning action number for 2 & 3above. 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. *By the calculation in the linked section of code (7500/1800), 4.2 units would be permissible, and this proposal is for only 2 units (1 accommodation and one business -owner's unit) 8. With the original help of Susan Yates, the previous owner found that the cottage is just within 200 feet of the arterial of B Street, measured via public street or alley access to the site from B Street. (Ord. 2613 S1, 1991) Ordinance Reference 18.24.040 General Regulations A Permitted Density The density of the development conforms with the regulations. The property on which the cottage and the main house are located is approximately 7500 sq. ft, with a width of 50' and a depth of 150'. B. Bonus Point Calculations a. The project has already received a positive bonus point rating, during the Conditional Use remodel project. The previous owner received points for coverage conversation and conservation housing. The previous owner received a bonus dividend from the City. b. Outdoor recreation space provided is in line with normal family occupancy of the cottage. There is an upstairs deck which provides an interesting view of the roofs of the neighborhood and the mountains and hills around Ashland (some folks look right through to them, not even seeing the pole and wires!). The yard is attractive and the charming patio has a table and chairs as well as the deck upstairs with a similar set- up. c, There are no major recreational facilities provided. d. The price of occupancy will be market driven, which I believe means affordable. The cottage will be advertised via its own brochure and appropriate listings in tourist lodging brochures. Internet and will be arranged by myself or BookStayHop, who handles initial lodging requests for local bed and breakfasts, hotels, motels and cottages here in Ashland. (Ord. 2630 S1, 1991) C. Lot Depth. The lot holding the 143 and 145 Fourth Street buildings is one hundred fifty (150) feet deep and fifty (50) feet wide. D. Standard Yard Requirements --Within the Historic Interest Area. Conditional Use Permits were received to remodel the cottage at 145 Fourth Street, originally a non -conforming building, bringing it further within the existing footprint of the original building and thus increasing actual setback depths, meeting the Conditional Use grandfathering requirements. The remodeled cottage is now three (3) feet from the property line on the west side, rather than exactly on it; and consistently four (4) feet from the property line on the north side, rather than partly exactly on it or three feet from it as in the original footprint. I refer your attention to the following planning staff comments from the original preapplication conference sheet: 20' from the front property line. 6' from the side property lines. 10' per story from the rear property line -- plus all applicable solar setbacks. This proposal is somewhat different in that the structures are grandfathered and the footprints can remain as long as there is no "expansion" into the setback area. If there is, a CUP is required. The only area staff sees this occurring is a 1 square foot addition on the southeast end of the garage. There are in fact, no locations on the project at which the footprint of the original buildings was violated, as the garage was ultimately replaced with a conforming carport. (Ref. 18.92.020 --parking) The setbacks in effect conform with all solar access requirements. The wall height is 17, at 3' from the north line with a 5112 pitch roof and conforms with the solar shadow allowable for the lots in this district. (Ord. 2752, 1995; Ord. 2760, 1995) E. Special Yards --Distance Between Buildings The distance between the main house and the single accommodation unit and carport exceeds twenty (20) feet. The carport conforms to regulations at eight (8) rather than ten (10) feet from the cottage. F. Maximum Height. The remodeled building at 145 Fourth Street is two stories high. Its concrete foundation with no crawl space was placed below the original slope of the lot to meet solar access requirements of a neighboring building. G. Maximum Coverage. The maximum lot coverage for this district is 65°1x. All current buildings on the property together cover a total of less than 35% of the lot, falling well within the allowable limit. H. Outdoor Recreation Space. At least 40% of the lot is dedicated to outdoor recreational space and is landscaped, I believe in conformity with all requirements. (Ord. 2228, 1982; Ord. 2630 S2, 1991) tit kMV %T(�PZT ell elt-V I I I &,A 2 L ANDS -CAPING h's cl� Dec. in M -GO 25 riot IR PVA GSA ti f f{ atb A1C kr]A5, st�N PAb L45 FM rwi KRU . tMeF FW.L � I.�j '�P'i�ti♦1%LC�(I�iil�#CCLOkt wkiP-R dp.Swc-A A3 iCkV%k &T. kervc�.e.:y , I con PoAtst n oul- �� }itrtt �itlCtC. s ti _ eq oDob: Cc?o . r lF P�iFo 1etbF4QG6 [h4PagS DEQ a G KfttA6 195 �Ois4C+k �Y, �lt��( AUL-1 �4j blk� ; S a ■ i L 1 �Y4 31 E� i�, • i1 � ,p , 1 1 - S ZS• • q' 1. k x. ■