HomeMy WebLinkAboutGarfield_355_PA-T1-2022-00194CITY OF
ASHLAND
October 19, 2022
Notice of Final Decision
On October 19, 2022, the Community Development Director approved the request for the
following:
Planning Action:
Subject Property:
Applicant:
PA -TI -2022-00194
355 Garfield Street
Rogue for Palm Hotel
Description: A request for a modification to the existing Conditional Use Permit (PA -
2010 -00434). The proposal is to construct a 308 square foot structure with an attached 280 square
foot pergola structure. The structure is an outdoor kitchen and patio dining area. This structure
replaces a pre-existing, non -conforming, 303 square foot detached garage structure that has been
removed. COMPREHENSIVE PLAN DESIGNATION: Multi -Family Residential; ZONING: R-
2; MAP: 39 1E 10 CC, TAX LOT: 5200
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 Aaron Anderson in the
Community Development Department at (541) 488-5305.
cc: Parties of record and property owners within 200 ft
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541-488-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon W520 TTY: 800-735-2900
www.ashland.or.us Ma
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.I.050.G, a Type I decision becomes effective 12 days after the City mails the notice of decision.
F. Reconsideration. The Staff Advisor may reconsider a Type I decision as set forth below,
I. Any party entitled to notice of the planning action, or any City department may request reconsideration of the action
after the decision has been made by providing evidence to the Staff Advisor that a factual error occurred through no
fault of the party asking for reconsideration, which in the opinion of the Staff Advisor, might affect the decision.
Reconsideration requests are limited to factual errors and not the failure of an issue to be raised by letter or evidence
during the opportunity to provide public input on the application sufficient to afford the Staff Advisor an opportunity
to respond to the issue prior to making a decision.
2. Reconsideration requests shall be received within five days of mailing the notice of decision. The Staff Advisor shall
decide within three days whether to reconsider the matter.
3. If the Staff Advisor is satisfied that an error occurred crucial to the decision, the Staff Advisor shall withdraw the
decision for purposes of reconsideration. The Staff Advisor shall decide within ten days to affirm, modify, or reverse
the original decision. The City shall send notice of the reconsideration decision to affirm, modify, or reverse to any
party entitled to notice of the planning action.
4. If the Staff Advisor is not satisfied that an error occurred crucial to the decision, the Staff Advisor shall deny the
reconsideration request. Notice of denial shall be sent to those parties that requested reconsideration.
G. Appeal of Type I Decision. A Type I decision may be appealed to the Planning Commission, pursuant to the following:
I. Who May Appeal. The following persons have standing to appeal a Type 1 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
18.5.1.050.3.
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 Piling Procedure.
a. Notice of ,4ppeal. Any person with standing to appeal, as provided in subsection 18.5.1.050.G.1, above, may
appeal a Type I decision by filing a notice of appeal and paying the appeal fee according to the procedures of this
subsection. The fee required in this section shall not apply to appeals made by neighborhood or community
organizations recognized by the City and whose boundaries include the site. If an appellant prevails at the hearing
or upon subsequent appeal, the fee for the initial hearing shall be refunded.
b. Time for Filing. A notice of appeal shall be filed with the Staff Advisor within 12 days of the date the notice of
decision is mailed.
c. Content of Notice af,4ppeal. The notice of appeal shall be accompanied by the required filing fee and shall contain.
i. An identification of the decision being appealed, including the date of the decision.
ii. A statement demonstrating the person filing the notice of appeal has standing to appeal.
iii. A statement explaining the specific issues being raised on appeal.
iv. A statement demonstrating that the appeal issues were raised during the public comment period.
d. The appeal requirements of this section must be fully met or the appeal will be considered by the City as a
jurisdictional defect and will not be heard or considered.
3. Scope of Appeal. Appeal hearings on Type I decisions made by the Staff Advisor shall be de novo hearings before the
Planning Commission. The appeal shall not be limited to the application materials, evidence and other documentation,
and specific issues raised in the review leading up to the Type I decision, but may include other relevant evidence and
arguments. The Commission may allow additional evidence, testimony, or argument concerning any relevant
ordinance provision.
4. Appeal Hearing Procedure. Hearings on appeals of Type I decisions follow the Type II public hearing procedures,
pursuant to section 18.5.1.060, subsections A — E, except that the decision of the Planning Commission is the final
decision of the City on an appeal of a Type I decision. A decision on an appeal is final the date the City mails the
adopted and signed decision. Appeals of Commission decisions must be filed with the State Land Use Board of
Appeals, pursuant to ORS 197.805 - 197.860.
COMMUNITY DEVELOPMENT DEPARTMENT Tel: 541A88-5305
51 Winburn Way Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900 W
www.ashland.or.us Uk
ASHLAND PLANNING DEPARTMENT
FINDINGS & ORDERS
PLANNING ACTION: PA -T1-2022-00194
SUBJECT PROPERTY: 355 Garfield Street
OWNER/APPLICANT: Rogue for Palm Hotel
DESCRIPTION: A request for a modification to the existing Conditional Use Permit
(PA -2010-00434). The proposal is to construct a 308 square foot structure with an attached 280
square foot pergola structure. The structure is an outdoor kitchen and patio dining area. This
structure replaces a pre-existing, non -conforming, 303 square foot detached garage structure that
has been removed.
COMPREHENSIVE PLAN DESIGNATION. Multi -Family Residential; ZONING: R-2;
MAP: 39 IE 1.0 CC, TAX LOT: 5200
SUBMITTAL DATE:
August 23, 2022
DEEMED COMPLETE DATE:
September 22, 2022
STAFF APPROVAL DATE:
October 19, 2022
DEADLINE TO APPEAL (4:30 p.m.):
November 2, 2022
FINAL DECISION DATE:
November 3, 2022
APPROVAL EXPIRATION DATE:
May 3, 2024
DECISION
The application is a request to modify the existing Conditional Use Permit (CUP) to allow the
construction of 308 square foot structure with an attached 280 square foot pergola structure. The
structure is an outdoor kitchen and patio dining area. This structure replaces a pre-existing, non-
conforming, 303 square foot detached garage structure that has been removed. The newly
proposed structure will have a solid wall on the cast facade and have a wall with windows on the
north side. The south and west walls are proposed to have large sliding patio doors. A wood
frame trellis is proposed to extend over the patio area.
The property is located on the west side of Garfield Street, approximately 150 feet north of the
Siskiyou Blvd. intersection, and is zoned Low Density Multi -Family Residential (R-2). The lot is
approximately 8,814 square feet in area, and the existing house is 1,421 sq. ft. in size according
to the Jackson County Tax Assessor's information. The subject property fronts Garfield St.,
which is a moderately improved street with paving, curbs, and sidewalks in various locations.
The applicant will continue to reside in the house and operate the traveler's accommodation per
PA -2010-00434.
The subject property contains an existing home with established landscaping in place. This
property has operated as a three -unit traveler's accommodation since receiving planning
approval in 2010 (PA -2010-00434). This proposal requires a modification of the existing
Conditional Use Permit in order to construct a structure on the property. No change is proposed
to the 3 existing off-street parking spaces available to residents and guests of the property.
PA -T1-2022-00191
355 Garfield St /aa/jt
Page 1
The target use of the zone is 2.74 residential dwelling units and up to 5,746 square feet of lot
coverage. The proposed structure does not alter the property's use as a three -unit Traveler's
Accommodation. The proposed structure is similar in bulk, scale and coverage as the removed
303 square foot non -conforming garage structure and demonstrates compatibility with the
residential and commercial structures on the adjacent properties and within the impact area.
The application complies with all of the applicable provisions of the R-2 zoning district or is
legally non -conforming. Bus service is available on Siskiyou Boulevard and the historic
downtown is within walking distance. Adequate public water, sanitary sewer, storm drain, and
electric facilities are in place to serve the current residence, Travelers' Accommodation use, and
proposed structure Based upon information included with the application and in the record, staff
concludes that 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,
or the development of adjacent properties, 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. No public comment received either in favor or against.
The applicant has provided findings to the Planning Department that demonstrate compliance
with these approval standards and by their reference are incorporated herein as if set out in full.
A Conditional Use Permit shall be granted if the approval authority finds that the application
meets all of the following criteria, or can be made to conform through the imposition of
conditions.
1. That the use would be in conformance with all standards within the zoning district in which the
use is proposed to be located, and in conformance with relevant Comprehensive plan policies
that are not implemented by any City, State, or Federal law or program.
2. That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage,
paved access to and throughout the development, and adequate transportation can and will
be provided to the subject property.
3. That the conditional use will have no greater adverse material effect 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.
PA -T1-2022-00194
355 Garfield St /aa/jt
Page 2
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.
b. R-3. Residential use complying with all ordinance requirements, developed at the density
permitted by chapter 18.2.5 Standards for Residential zones.
The staff advisor concludes that the application with the attached conditions complies with
applicable ordinances and meets all required criteria. Therefore, Planning Action 9PA-T1-2022-
00194 is approved with the following conditions. Further, if any one or more of the following
conditions are found to be invalid for any reason whatsoever, then Planning Action # PA -TI -
2022 -00194 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
specifically modified herein.
2) That all necessary building permits shall be obtained, and associated fees and charges
including applicable system development charges shall be paid prior to the issuance of a
building permit.
3) That the plans submitted for the building permit shall be in conformance with those
approved as part of this application. if the plans submitted for the building permit are not
in substantial conformance with those approved as part of this application, an application
to modify the Conditional Use Permit approval would need to be submitted and approved
prior to issuance of a building permit. Building permit submittals shall include:
a. Lot coverage calculations including all building footprints, driveways, parking,
and circulation areas shall be provided with the Building Permit. Lot coverage
shall be limited to no more than 65 percent as required in the R-2 zoning district.
b. Solar setback calculations demonstrating that all new construction complies with
Solar Setback Standard A in the formula [(Height — 6)1(0.445 + Slope) — Required
Solar Setback] and elevations or cross section drawings clearly identifying the
highest shadow producing point(s) and the height(s) from natural grade.
c. That a General Fuel Modification Area fuel reduction plan addressing the
requirements in AMC 18.3.10.100.B shall be provided prior to bringing
combustible materials onto the property, and any new landscaping proposed shall
comply with these standards and not include plants listed on the Prohibited
Flammable Plant List per Resolution 2018-028.
4) That storm water from all new impervious surfaces and runoff associated with peak
rainfalls must be collected on site and channeled to the City storm water collection
PA -TI -2022-00194
355 Garfield St /aaljt
Page 3
system (i.e., curb gutter at public street, public storm pipe or public drainage way) or
through an approved alternative in accordance with Ashland Building Division policy
BD -PP -0029.
10/19/2022
Brandon Goldman, Date
Interim Community Development Director
PA -TI -2022-00194
355 Garfield St laaljt
Page 4
AFFIDAVIT OF MAILING
STATE OF OREGON
County of Jackson
The undersigned being first duly sworn states that:
1. I am employed by the City of Ashland, 20 East Main Street, Ashland,
Oregon 97520, in the Community Development Department.
2. On October 19, 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-
00194, 355 Garfield Street.
14icha.eCSuCCiyan
Signature of Employee
G-Acomn}devlplanninglPianning AedonslPAs by StraetlG4Gart0dlGarf€eld_3551Garrield_355_PA-Tl-2022-00194ftficinglN MGarleld_355_PA-T1-2022-00194_N0D_Afbdavi1 of Maiting.docx 10119022
PA-T1-2022-00194391Ell 0CC4900 PA-T1-2022-00194391E10CB9400 PA-T1-2022-00194391E10CB9500
BANKS DEVIN BONEY NICHOLAS/BROOKE K BOWEN JAMES E
325 GARFIELD ST 321 GARFIELD ST 318 GARFIELD ST
ASHLAND, OR 97520 ASHLAND, OR 97520 ASHLAND, OR 97520
PA -T1-2022-00194 391 E10CC5300
HANNAREID LLC
918 WALKER AVE
ASHLAND, OR 97520
PA -T1-2022-00194 391E10CB9300
JONES LAWRENCE D
1600 ASHLAND MINE RD
ASHLAND, OR 97520
PA -T1-2022-00194 391 E1 0087800
PALM STREET LLC
PO BOX 548
ASHLAND, OR 97520
PA -T1-2022-00194 391 E1OCC5200
SAFFRON&ROSE LLC
1522 LA PALOMA WAY
REDDING, CA 96001
PA -T1-2022-00194 391E10CC5000
HODGE KIERNAN/PEIL THOMAS HAN
335 GARFIELD ST
ASHLAND, OR 97520
PA -T1-2022-00194 391E10CC4800
JACOBSEN KAREN/THEODORA
1228 CALYPSO CT
ASHLAND, OR 97520
PA -T1-2022-00194
PA -T1-2022-00194 391E10CC5600
KENCAIRN LANDSCAPE ARCHITECTURE
MORGAN NANCY L TRUSTEE FBO
147 CENTRAL AVE
35 BEAR PAW
ASHLAND, OR 97520
PORTOLA VALLEY, CA 94028
PA -T1-2022-00194
ROGUE PLANNING & DEVELOPMENT
1314-8 CENTER DR., PMB #457
MEDFORD, OR 97501
PA -T1-2022-00194 391E10CC4400
SAI RAM LLC
324 S CENTRAL AVE
MEDFORD, OR 97501
PA -T1-2022-00194 391E10087800 PA -T1-2022-00194 391E10CC5700
SISKIYOU OFFICE BUILDING LLC JANET SOUTHERN OREGON UNIVERSITY
R ROLLINS 1250 SISKIYOU BLVD
1025 SISKIYOU BLVD ASHLAND, OR 97520
ASHLAND, OR 97520
355 Garfield NOD
10/19/22
18
PA -T1-2022-00194 391E1 OCC5100
RUBENSON DANIEL L TRUSTEE ET
710 PRACHT ST
ASHLAND, OR 97520
PA -T1-2022-00194 391E10CC5500
SCHWARZER PETER FRED
2257 DOLLARHIDE WAY
ASHLAND, OR 97520
PA -T1-2022-00194 391 E10CC4500
WEATHERWAX RYAN M ET AL
354 GARFIELD ST
ASHLAND, OR 97520
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Planning Department, 51 Winburn Way, Ashland, Oregon 97520 CITY OF
rp, 541-488-5305 Fax:541-552-2050 wwwashland,orms TTY:1-800-735-2900 ASHLAND
NOTICE OF APPLICATION
PLANNING ACTION: PA -T1-2022-00194
SUBJECT PROPERTY: 355 Garfield Street
OWN E R/APPLI CANT: Rogue Planning and Development LLC for Palm Hotel
DESCRIPTION: A request for a modification to the existing Conditional Use Permit (PA2010-00434), The proposal is
to construct a 308 square foot structure with an attached 280 square foot pergola structure. The structure is an outdoor kitchen
and patio dining area. This structure replaces a pre-existing, non -conforming, 303 square foot detached garage structure that
has been removed. COMPREHENSIVE PLAN DESIGNATION: Multi-Famlly Residential; ZONING: R-2; MAP: 391 E 10 CC,
TAX LOT: 5200
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The Ashland Planning Division Staff h 3ceived a complete application for the pr -ty noted on Page 1 of this notice.
Because of the COVI D-1 9 pandemic, application materials are provided online and comments will be accepted by email.
Alternative arrangernents for reviewing the application or submitting comments can be made by contacting (541) 488-5305
or plann ina(a-).ash land.0r. LIS.
A copy of the application, including all documents, evidence and applicable criteria are available online at "What's
Happening in my City" at https://qis.ashiand,or.us/deveiopmentprop2sals/. Copies of application materials will be provided
at reasonable cost, if requested, Under extenuating circumstances, application materials may be requested to be reviewed
in-person at the Ashland Community Development & Engineering Services Building, 51 Winburn Way, via a pre -arranged
appointment by calling (541) 488-5305 or emailing pLanriin_q@ashIand.or.us.
Any affected property owner or resident has a right to submit written comments to Dlanninqaashiand,or.us or to the City of
Ashland Planning Division, 51 Wmburn Way, Ashland, Oregon 975210 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 2010 feet of the property submitting application
which allows for a 14 day comment period. After the comment period and not more than 45 days, from the application being
deemed complete, the Planning Division Staff shall make a final decision on the application, A notice of decision is mailed to
the same properties within 5 days of decision. An appeal to the Planning Commission of the Planning Division Staff's decision
must be made in writing to the Ashland Planning Division within 12 days from the date of the mailing of final decision. (AMC
18.5.1.050.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 ail
opportunity to respond to the issue, precludes your right of appeal to the Land Use Board of Appeals, (LUBA) on that issue.
Failure to specify which ordinance criterion the objection is based on also precludes your right of appeal to LUBA on that
criterion. Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval with
Sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court.
If you have questions or comments concerning this request, please feel free to contact Aaron Anderson at 541-552-2052 or
aaron.andersonCcD,ashland.or,LIS.
CONDITIONAL USE PERMITS (See hftps:/)ashland.Mu clad es,11-and'Use/1 8, 5,4.0501)
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.
That adequate capacity of City facilities for water, sewer, electricity, urban storm drainage, paved access to and throughout the
development, and adequate transportation can and will be provided to the subject property.
That the conditional use will have no, greater adverse material effect on the livability of the impact area when compared to the
development of the subject lot with the target use of the zone, pursuant with subsection 18,5,4,050.A.5, below. When evaluating
the effect of the proposed use on the impact area, the following factors of livability of the impact area shall be considered in
relation to the target use of the zone.
a. Similarity in scale, bulk, and coverage.
b. Generation of traffic and effects on surroundiing streets, Increases in pedestrian, bicycle, and mass transit use are considered
beneficial regardless of capacity of facilities.
C. Architectural compatibility with the impact area.
cl. Air quality, including the generation of dust, odors, or other environmental pollutants.
e. Generation of noise, light, and glare,
f. The development of adjacent properties as envisioned in the Comprehensive Plan.
9. Other factors found, to be relevant by the appro4 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.
355 PA-TI-2022-00@9,INNolicinv\GaFFpeld_a55 PA-T1-2022-Q0194_N0C.docx
5. For the purposes of reviewing conditi(- use permit applications for conformity with th, zroval criteria of this subsection, the
target uses of each zone are as follows.
a. WR and RR. Residential use complying with all ordinance requirements, developed at the density permitted by chapter
18.2.5 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 1822 Base Zones and Allowed Uses, developed at an
intensity of 0,35 floor to area ratio, complying with all ordinance requirements; and within the Detailed Site Review
overlay, at an intensity of 0.50 floor to area ratio, complying with all ordinance requirements.
e. C -1-D. The general retail commercial uses listed in chapter 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.
i. CM -OE and CM -MU. The general office uses listed in chapter 18.3,2 Croman Mill District, developed at an intensity of
0,60 gross floor to area, complying with all ordinance requirements,
k, CM -NC. The retail commercial uses listed in chapter 18.3.2 Croman Mill District, developed at an intensity of 0.60 gross
floor to area ratio, complying with all ordinance requirements,
I. HC, NM, and SOU. The permitted uses listed in chapters 18.3.3 Health Care Services, 18.3.5 North Mountain
Neighborhood, and 183,6 Southern Oregon University District, respectively, complying with all ordinance
requirements.
Oacomm-devlplanninglPlanning ActionslPAsf�y StreeilGlGsriieldlGar#ield 3551Garfleld_355_PA-TI-2022-001941Natici¢zglGarfield_355_PA-TI-2022-00194 NOC.decx
AFFIDAVIT OF MAILING
STATE OF OREGON )
County of Jackson J
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 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-
00194, 355 Garfield Street.
,-MichaeCSuffivan
Signature of Employee
GAcomm-davlplanringtPlanning AobonsWs by Street�GlGarfieldlGartield_3551Garfield_355_PA-i1-2022-04194NJoticingl0,arreld_355_PA-Tt-2022-00194_NOC_AfTdavitof Mailing.doex 91222022
PA -T1-2022-00194 391 E10CC4900
BANKS DEVIN
325 GARFIELD ST
ASHLAND, OR 97520
PA -T1-2022-00194 391E10CC5300
HANNAREID LLC
918 WALKER AVE
ASHLAND, OR 97520
PA -T1-2022-00194 391 E10CB9300
JONES LAWRENCE D
1600 ASHLAND MINE RD
ASHLAND, OR 97520
PA -T1-2022-00194 391 E10CC5700
OREGON STATE OF
460 SISKIYOU BLVD
ASHLAND, OR 97520
PA -T1-2022-00194 391 E10CC5100
RUBENSON DANIEL L TRUSTEE ET
710 PRACHT ST
ASHLAND, OR 97520
PA -T1-2022-00194 391 E10CB9400
BONEY NICHOLAS/BROOKE K
321 GARFIELD ST
ASHLAND, OR 97520
PA -T1-2022-00194 391 E1 OCC5000
HODGE KIERNAN/PEIL THOMAS HAN
335 GARFIELD ST
ASHLAND, OR 97520
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PA -T1-2022-00194 391E10CB9500
BOWEN JAMES E
318 GARFIELD ST
ASHLAND, OR 97520
PA -T1-2022-00194 391E1OCC4800
JACOBSEN KAREN/THEODORA
1228 CALYPSO CT
ASHLAND, OR 97520
PA -T1-2022-00194
PA -T1-2022-00194 391E10CC5600
KENCAIRN LANDSCAPE ARCHITECTURE
MORGAN NANCY L TRUSTEE FBO
147 CENTRAL AVE
35 BEAR PAW
ASHLAND, OR 97520
PORTOLA VALLEY, CA 94028
PA -T1-2022-00194 391 E10CB7800
PALM STREET LLC
PO BOX 548
ASHLAND, OR 97520
PA -T1-2022-00194 391 E10CC5200
SAFFRON&ROSE LLC
1522 LA PALOMA WAY
REDDING, CA 96001
PA -T1-2022-00194 391 E10CC5500 PA -T1-2022-00194 391 E1 0087800
SCHWARZER PETER FRED SISKIYOU OFFICE BUILDING LLC
2257 DOLLARHIDE WAY 1025 SISKIYOU BLVD
ASHLAND, OR 97520 ASHLAND, OR 97520
355 Garfield NOG
09/22/22
18
PA -T1-2022-00194
ROGUE PLANNING & DEVELOPMENT
1314-B CENTER DR., PMB 457
MEDFORD, OR 97501
PA -T1-2022-00194 391E1OCC4400
SAI RAM LLC
324 S CENTRAL AVE
MEDFORD, OR 97501
PA -T1-2022-00194 391 E10CC4500
WEATHERWAX RYAN M ET AL
354 GARFIELD ST
ASHLAND, OR 97520
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,r Planning Division
CITY OF 51 Winbum Way, Ashland OR 97520
-ASHLAND 541-488-5305 Fax 541-488-6006
ZONING PERMIT APPLICATION
BILE # PA -T1-2022-00194
DESCRIPTION OF PROJECT Modification of Conditional Use Permit
DESCRIPTION OF PROPERTY Pursuing LEEDO Certification? ❑ YES ■ NO
Street Address Gudbul%teStt
Assessor's Map No. 391E 10CC Tax Lots} 5200
Zoning R-2
Gomp Plan Designation Low Density
APPLICANT
Name KemCaim Landscape Architectum Phone 541-4t 31TWE-Mail
Address 147 Central Avenue
PROPERTY OWNER
Name
Address 1522 LaPaloma Way
CityAshiand
Phone E -Mail
I'�"`i+l[M 11 (yip ";ilii}il}
F
SURVEYOR ENGINEER ARCHITECT LANDSCAPE ARCHITECT OTHER
Title AgEnrtt Name l � lit It i l ,�[ t Phone 5 11`1 E -Mail
Address 113WffiQgxtt&r®rr,RME9*f67
Title iLaNd'rAr&hL& 'D Name K ririiah�dKApbit'@nda» ( Phone 5411 �i1� E -Mail Nle"@Wr girdand,`
Address 114V7GBTth@dIPA&%ntoe
City' Zip 9TISM
1 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 empect. I understand that all pfopeply plus must be shown on the dra wings and visible upon the site inspecifon. In the a vent the pins aro not shown or their
location found to be incomect the ownef assumes full pesponsibtllty. 1 f0lhep understand that if this request is subsequently contested, the burden will be on me to
establish,-
1)
stablish:1) that 1 ppoduced sufficient factual evidence at the heaping to support Ibis pequest,-
2) that the findings of fact fufnished justifies the gpanfing of the pequest,
3) that the findings of fact fufnished by me ape adequate; and further
4) lbal all structures op improvements ape ppopeply located on the ground.
Faflupe in fhis regard will result most likely in not only the pequest being set aside, but also possibly in my structures being buill in reliance thereon being required to
be pemovedaLmv expense. If I have any doubts, l am advised to seek competent professional advice and assistance.
Kms- �'� 8.29,22
Applicant's Signature Date
As awner of 1he property v in this pequest,1 have read and understood the complete application and its consequences to me as a property
owner.
8.29.22
Pro perts re (required) Date
[To be compleled by Clly Slaffl
Date Received 8.30.2022 Zoning Permit TypeType 1 Filing Fee S 1120.25
OVER !1
G:Scomm-devVplanning\Fcrms & Handouts57oning Permit Application.doc
ZONING PERMIT SUBMITTAL REQUIREMENTS
LA APPLICATION FORM must be completed and signed by both applicant and property owner.
PLANNING FEES FORM must be completed and signed by both applicant and property owner.
o FINDINGS OF FACT-- Respond to the approprlate 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 hold at the City Council Ghamhers at 1175 East Main St).
• A notice of the project request will be sent to nelghboring properties for their comments or concerns.
• If applicable, the application will also be reviewed by the Tree and/or Historic Commissions.
G�konnn-devlpiatming\Fomis & Hwidou02oning Permit Applicatoii.doo
Request for modification of Conditional Use Permit to allow for new
588 SF detached outdoor patio enclosure area
Subject Property
Address: 355 Garfield Street
Map & Tax Lot: 39 1E 10CC; Tax Lot 5200
Comprehensive Plan Designation: Low Density Multiple Family Residential
Zoning: R-2
Property Owner:
Applicant:
Saffron & Rose LLC
1522 La Paloma Way
Redding CA, 96001
KenCairn Landscape Architecture
147 Central Avenue
Ashland, OR 97520
Agent: Rogue Planning and Development Services
1314-B Center Dr., #457
Medford, OR 97501
Proposal:
The request is for a modification to the existing Conditional Use Permit (PA2010-00434). The
proposal is to construct a 308 square foot structure with an attached 280 square foot pergola
structure. The structure is an outdoor kitchen and patio dining area. This structure replaces a
pre-existing, non -conforming, 303 square foot detached garage structure that has been removed.
Subject Property:
The subject property is located on the west side of Garfield Street, north of the Siskiyou
Boulevard intersection. The property and the adjacent properties to the north, east and south
are zoned R-2, Low Density, Multiple Family Residential. The property is 8,840 square feet in area
and is occupied by a 1,421 square foot residence. The residential structure is used as a two -unit
Travelers Accommodation and an owner's unit.
355 Garfield Street
Modification of Conditional Use Permit
PA2010-00434
August 29, 2022
Page 1 of 6
The unit continues to be occupied by a business partner of Saffron& Rose, The occupant is Taylor
B|mmqui*t'Swamsom.Thm cottage is operated in conjunction with the P.A.L.K4 (aka Pn|rn\ Motel
which is on the adjacent property. The orientation, scale, setback, building design, materials, and
the two surface parking spaces on the property and the one on-st�reetcredit are not being
modified with this proposal.
The proposed structure is, a semi enclosed outdoor kitchen and patio dining area. The structure
will have solid wall on the east fagade and have a wall with window on the north side. The South
and west walls are proposed to have large sliding patio doors. Awood frame trellis is proposed
LVextend over the patio area.
The structure is proposed to have a shod roof with clerestory windows. The structure is similar
in height, scale, massing, bulk and coverage as a typical accessory structure such asa detached
living area, garage orshed structure found lm a rear yard.
Findings of fact addressing the criteria from the Ashland Municipal Code are provided on the
following pages. For clarity, the criteria are |nThnenNew Roman and the applicant's responses
are in Calibri,
355Garfield Street
Modification mtConditional Use Permit
PA2010-00434
August 2g'202Z
Page 2 of 6
FINDINGS OF FACT:
Conditional Use Permit 18.5.4
A. 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 proposal is to construct an outdoor kitchen and patio dining area at the rear of the residence
located at 355 Garfield Street. The residence has had a Conditional Use Permit for a three -unit
traveler's accommodation since 2010 (PA2010-00434). The proposal requires a modification of
the existing Conditional Use Permit to construct a structure on the property that has a conditional
use permit.
The proposed structure and use of the property complies with the standards of the R-2 zoning
district where the use is located. The use of the property as a Traveler's Accommodation for the
past 12 -years and not as a single-family residence has resulted in no complaints on the use of
the property. It is upkept beautifully and is held in well regards by the community.
The site plan provides a layout that demonstrates compliance with the applicable provisions of
the underlying zone. The lot area and dimensions are not modified.
The proposed structure is 10'-4" tall at the eave. The proposed semi -enclosed outdoor kitchen is
three feet from the north property line. This is the allowed side yard setback for a small, accessory
structures. The property is subject to solar setback standard B and can shade as much as 16 -feet
at the property line. The structure is less than 16 -feet tall and complies with the solar setback
standards.
The proposed structure is near the rear of the property and is a substantial distance from Garfield
Street and replaces a previously removed run-down garage structure.
The lot coverage of the property is substantially less than the allowed 65 percent in the zone.
There is 5,746 square feet of impervious surface area allowed. The proposed coverage is 3,402
square feet which complies with the allowed coverage.
355 Garfield Street
Modification of Conditional Use Permit
PA2010-00434
August 29, 2022
Page 3 of 6
The site conforms with the minimum landscaping standards in the zone. The site landscaping has
been improved substantially with the use of the property as a Traveler's Accommodations.
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:
The property is served by existing city facilities. The property is occupied by a residential home
that has been used as a three -unit (two short term rentals and the business owner's unit)
Traveler's Accommodation and legally allowed through a CUP. The property is zoned Low -
Density, Multi -Family Residential. The base density of the parcel is 2.74 residential dwellings.
The use as a short-term rental on a seasonal basis can be found to have less of an impact than
2.7 residential dwelling units. This is due to the non -daily plumbing, electrical and mechanical
use typical of residential units.
Visitors eat out since the units do not have kitchen cooking facilities that would provide for
daily dishwashing and energy use from appliances. The visitors are typically less of a traffic
impact than 2.74 residential dwellings when considering daily driving use generated by a
residential unit vs. a vacation rental unit. Additionally, many of the vacationers to Ashland fly to
the Rogue Valley International Airport and use a taxi or other ride -share option to arrive in
Ashland.
For the visitor that does arrive via automobile, Garfield Street is a paved access to the property.
There is sidewalk along the frontage. There are three, surface parking spaces within the existing
driveway. Two are stacked adjacent to the south property line and there is a single space in the
driveway adjacent. At the time of the 2010 Conditional Use Permit approval an on -street
parking credit was allowed. Additionally, there are 15 surface parking spaces at the adjacent
P.A.L.M. Motel in the parking area. These spaces are approximately 40 -feet from the structure.
The businesses are operated in common. There are 15 surface parking spaces, and the motel
requires 14 for their operations. There have never been parking issues brought to the attention
of the Traveler's Accommodations operators by the guests or neighbors.
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 I ;.5..(E..y, 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.
355 Garfield street
Modification of Conditional Use Permit
PA2010-00434
August 29, 2022
Page 4 of 6
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.
Finding:
The target use of the zone is 2.74 residential dwelling units and up to 5,746 square feet
of site coverage. The proposed structure does not alter the use of the property as a
three -unit Traveler's Accommodation.
The structure is similar is bulk, scale and coverage as the removed 303 square foot non-
conforming setback garage structure. The structure is architecturally compatible with
the residential and commercial structures on the adjacent properties and within the
impact area.
The use of the residence as an owner's unit and a two -unit vacation rental is similar to
the impacts of two residential dwelling units. There is a similar number of occupants
(six) to the existing three-bedroom house which had potential for six occupants. Or in
the event of long-term residential development aligned with the code, two, one -
bedroom units which has the potential for four full-time occupants. the traveler's
accommodation has the occupancy of six which is similar to the occupants of the single
residential unit.
The amount of traffic generated can be found similar and with the rise of ride sharing
and more public transportation options, visitors to Ashland are able to be less reliant
upon their automobiles and more visitors are arriving via air through the airport. Often
visitors also bring bicycles to Ashland because it is well known as a bike friendly
community and the bike lane on Siskiyou Boulevard are just to the south of the adjacent
commercial businesses.
The modification of the conditional use permit due to the construction of the outdoor
kitchen generates similar noise, odors, light and glare as two full-time residences. And
outdoor uses such as BBQs, background talking, patio lighting, etc. area all uses
expected in the neighborhood when considering proximity to the commercial zones and
the University those noises and odors are expected to the multifamily nature of the
area.
355 Garfield Street
Modification of Conditional Use Permit
PA2010-00434
August 29, 2022
Page 5 of 6
The proposed site improvements for the construction of the outdoor kitchen does not
prevent the site from developing to 2.74 dwellings in the future. There is a single
residential unit and two short term occupancy units, the uses are similar and can be
found to be consistent with the comprehensive plan that envisions residential uses as
permitted uses and short term vacation rentals as conditional uses.
4. A conditional use permit shall not allow a use that is prohibited or one that is not permitted
pursuant to this ordinance.
Finding:
The use of the property as a Traveler's Accommodation and the modification of the Conditional
Use Permit to allow for construction of an outdoor kitchen structure 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 and R-3. Residential use complying with all ordinance requirements, developed at the
density permitted by chapter 18.2.5 Standards for Residential Zones.
Finding:
The target use of the zone is 2.74 dwelling units and 5,746 square feet of impervious surfaces.
The proposed square foot parcel for the comparison purposes of the conditional use permit
seeks a .35 Floor Area Ratio of 10,444.7 SF or up to .5 FAR, the minimum required in the zone
14,921 square feet of commercial retail space.
355 Garfield Street
Modification of Conditional Use Permit
PA20 10-00434
August 29, 2022
Page 6 of 6
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