HomeMy WebLinkAboutNorth Main_407 (PA-2009-00725)
CITY OF
ASHLAND
July 22, 2009
Shoshanna Born
407 N Main St
Ashland, OR 97520
Notice of Final Decision
On July 22, 2009, the Staff Advisor for the Ashland Planning Division administratively approved your
request for the following:
PLANNING ACTIONS: 2009-00725
SUBJECT PROPERTIES: 407 N Main St.
APPLICANT: Shoshannah Born
DESCRIPTION: A request for Site Review and Conditional Use Permit approval to operate a two-unit
Traveler's Accommodation (including an owner's unit plus one guest unit) for the property located at 407
N Main St. COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential;
ZONING: R-2; ASSESSOR'S MAP #: 39 1 E 05 DA; TAX LOT: 7600
The Staff Advisor's decision becomes final and is effective on the 13th day after the Notice of Final
Decision is mailed.
Prior to that date, anyone who was mailed this Notice Of Final Decision may request a reconsideration of
the action by the Staff Advisor as set fOlth in the Ashland Land Use Ordinance (ALUO)
18.1 08.070(B)(2)(b) and/or file an appeal to the Ashland Planning Commission as provided in the ALUO
18.108.070(B)(2)(c).
An appeal may not be made directly to the Land Use Board of Appeals. Oregon law states that failure to
raise an objection concerning this application, by letter, or failure to provide sufficient specificity to afford
the decision maker an opportunity to respond to the issue, precludes your right of appeal to 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.
The application, all associated documents and evidence submitted, and the applicable criteria are available
for review at no cost 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.
If you have any questions regarding this decision, please contact the Department of Community
Development between the hours of 8:00 am and 4:30 pm, Monday through Friday at (541) 488-5305.
cc: Julia Terry 407 N Main St Ashland, OR 97520
Owners within 200 feet of Subject Property
DEPT. OF COMMUNITY DEVELOPMENT
20 E. Main Street
Ashland, Oregon 97520
www.ashland.OLUS
Tel: 541-488-5305
Fax: 541-552-2050
TTY: 800-735-2900
~~,
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTIONS: 2009-00725
SUBJECT PROPERTIES: 407 N Main 8t.
APPLICANT: Shoshannah Born
DESCRIPTION: A request for Site Review and Conditional Use Permit approval to operate a two-unit
Traveler's Accommodation (including an owner's unit plus one guest unit) for the property located at 407 N
Main St.
COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-2;
ASSESSOR'S MAP #: 39 1 E 05 DA; TAX LOT: 7600
SUBMITTAL DATE:
DEEMED COMPLETE DATE:
STAFF APPROVAL DATE:
FINAL DECISION DATE:
APPROV AL EXPIRATION DATE:
June 5, 2009
June 25,2009
July 22, 2009
August 4, 2009
August 4,2010
DECISION
The application is to allow a two-unit traveler's accommodation, with the owners unit and one guest unit
at 407 N Main Street. The property is already approved for a two family dwelling through a previous
approval. One of the residences is to be occupied by the property owner and the other with be the
traveler's accommodation units.
No modifications to the building or site are proposed at this time except minor changes to the
landscaping. The property contains mature landscaping, and the applicant is proposing some upgrades to
the landscaping as well. The applicant will reside on the premises and shall be the sole business owner
of the travelers' accommodation. The property is located at the corner of North Main Street and Wimer
Street. The site is zoned Multi-Family Residential (R-2). The lot is 7,800 sq. ft. in size. The main house
is 1,550 sq. ft. in size and fronts on North Main Street. The applicant will live in the house and will
operate the travelers' accommodation. The existing house is 104 years old, dating back to 1896.
Prior to 1984, the residence was a duplex, The property received Site Review and Conditional Use
Permit approval in April 1984 for a medical office (P A 84-026). In 2000, the property received a Site
Review and Conditional Use Permit approval for 2-residential Units and a 2-unit Traveler's
accommodation. (P A2000-046)
Wimer Street and North Main are both fully improved, providing motor vehicle access with continuous
sidewalks along the property frontage. Bus service is available on North Main Street. Adequate public
water, sanitary sewer, storm drain, and electric facilities are in place for the travelers' accommodation
use.
Four off-street parking spaces are required with three being for the travelers' accommodation and one
more being for the second residence. Four off-street parking spaces are currently in place at the rear of
the property.
PA 2009-00725
407 N Main! AB
Page 1
The criteria for a Conditional Use Permit are described in AMC Chapter 18.104.050, as follows:
A. 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.
S. That adequate capacity of City facilities for water, sewer, paved access to and through the
development, electricity, urban storm drainage, and adequate transportation can and will be
provided to and through the subject property.
C. 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.
When evaluating the effect of the proposed use on the impact area, thefollowingfactors of
livability of the impact area shall be considered in relation to the target use of the zone:
1. Similarity in scale, bulk, and coverage.
2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and
mass transit use are considered beneficial regardless of capacity of facilities.
3. Architectural compatibility with the impact area.
4. Air quality, including the generation of dust, odors, or other environmental pollutants.
5. Generation of noise, light, and glare.
6. The development of adjacent properties as envisioned in the Comprehensive Plan.
7. Other factors found to be relevant by the Hearing Authority for review of the proposed use.
The criteria for Site Review Approval are described in AMC Chapter 18.72.070, as follows:
A. All applicable City ordinances have been met or will be met by the proposed development.
B. All requirements of the Site Review Chapter have been met or will be met.
e. The development complies with the Site Design Standards adopted by the City Council for
implementation of this Chapter.
D. That adequate capacity of City fac ilities for water, sewer, paved access to and through the
development, electricity, urban storm drainage, and adequate transportation can and will be
provided to and through the subject property.
The application with the attached conditions complies with all applicable City ordinances.
Planning Action 2009~00725 is approved with the following conditions. Further, if anyone or more of
the following conditions are found to be invalid for any reason whatsoever, then Planning Action 2009-
00725 is denied. The following are the conditions and they are attached to the approval:
I) That all proposals of the applicant shall be conditions of approval unless otherwise modified here.
2) That the applicant shall obtain a City of Ashland business license prior to operation of a Traveler's
Accommodation.
PA 2009-00725
407 N Main/AB
Page 2
3) That the approval shall be for one guest unit and one owners' unit only, and any future expansion of
the establishment, changes of business ownership or manager-occupancy, or other modifications to
the original proposal shall be subject to the conditional use permit procedure.
4) Any exterior lighting shall be appropriately shrouded so there is no direct illumination of
surrounding properties.
5) That an annual inspection by the Jackson County Health Department shall be conducted as required
by the laws of Jackson County or the State of Oregon.
6) That a sign permit in compliance with Chapter 18.96 of the Ashland Land Use Ordinance shall be
obtained prior to the placement of any signage on the property.
(
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Date
PA 2009-00725
407 N Main! AB
Page 3
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atATROUX SYlVIA S f.t)
400 IERSEY S1
ASHlAND OR 97520
PA-2CJOt.G0725 391E05OA 2500
CQ.WELL JOHN C TRUSTEE
410NMAIf S1
ASHlAND OR 97520
PA-2OQI.OO725 391E05OA 7804
FREDERICKSON SAU Y J
POBOX 1M
SAN GERONIMO CA 94983
PA-2OOf.OO72S 391 E050A 7500
HOFFORO LEON KIIRIS J
2310 TAlENT AVE
TALENT OR 91540
PA--2009-00725 391 E050A 70002
KUNE RlCHAROIOALE
400 W HERSEY ST 2
ASHLAND OR 97520
PA--2009-00725 391 EOSOA 2800
O'BRIEN DeRMOT JISAU. Y
431 N MAIN ST
ASHLAND OR 97520
PA--2OOf.OO725 391E05OO 3800
SCHOENt.E8ER MARK
351 HIGH ST
ASHLAHO OR 97520
PA--2008-00725 391 E0500 9700
WAlKER alCHAEl MJSA F
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ASHLAHO OR 97520
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PA-2OOI-00125 391E05OO 7900
FtL TON RICHARD F BlCEUNE
355 HIGH ST
ASHlAND OR 97520
P402009-00725 391 E050A 7801
JONES DONALD ENMAN J
1015 BELLvtEW AVE
ASHlAND OR 97520
PA-2009-00125 391E05DD 3600
LOt.IIAROf ROBERT JlCORINNE S
1885 SOlD HWV 99
ASHlAND OR 97520
PA-2OOI-00725 391E0500 eooo
PETERSEN THOMAS NlKATHLEEN M
80 WIMER ST
ASHlAND OR 97520
PA-2008-0072S 391E05OO 3700
SCHOENlEBER MARK
8ALl.ARDt'EUZABETH ANNE
80 WIMER ST
ASHLAND OR 97520
PA-2008-00725 391 E0500 9600
WAlKER MICHAEL WSA F
11800AKST
ASHLAND OR 97520
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211 N MOUNTAIN AVE
ASIt.AtI) OR 97520
PA-2OQI.OO125 391 E050A 7103
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POBOX518
ASIt.AtI) OR 97520
PA-2OOf.(J()125 391 E0500 3400
KENNEDY KATHERINE M TRUSTEE
132 GREENWAY CIR
MEDFORD OR 97504
PA-20Q9.00125 391 EOSOA 7800
MCNAMARA KEU Y NSCHUETZ THOO
2291 SISKIYOU BlVD
ASHlAND OR 97520
PA-2OOI-00725 391E05OA 7200
PETERSON LORRAINE
451 N MAIN ST
ASHlAND OR 97520
PA-2009-00725 391 EOSDA 7600
TERRY JULIA
401 N MAIN S1
ASHLAND OR 97520
PA-2009-00725 391 E0500 3900
YOUNG JEFFREY SlJANIS R
350 HIGH ST
ASHlANO OR 97520
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II
HISTORIC COMMISSION
Meeting of July 8, 2009
PLANNING APPLICATION REVIEW
PLANNING ACTIONS: 2009-00725
SUBJECT PROPERTIES: 407 N Main St.
APPLICANT: Shoshannah Born
DESCRIPTION: A request for Site Review and Conditional Use Permit approval to operate a
two-unit Traveler's Accommodation (including an owner's unit plus one guest unit) for the
property located at 407 N Main St
COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING:
R-2; ASSESSOR'S MAP #: 39 1 E 05 DA; TAX LOT: 7600
Recommendation to Planning Commission:
Recommend approval of the proposed plans with the following design recommendations:
1) Consider changing porch rails and lattice over block work at porch base to a more
historically compatible design. Property owner is welcome to come to the Historic Review
Board for design assistance.
Depa rtment of Commun ity Development
20 East Main Sf.
Ashland, Oregon 97520
www.ashland.or.us
Tel: 541-488-5305
Fax: 541-552-2050
ffi: 800.735.2900
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Planning Department, 51 Winb....., Way, Ashland, Oregon 97520
541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900
CITY OF
ASHLAND
NOTICE OF APPLICATION
PLANNING ACTION: 2009-00725
SUBJECT PROPERTY: 407 N Main St.
OWNER/APPLICANT: Shoshannah Born
DESCRIPTION: A request for Site Review and Conditional Use Permit approval to operate a two~unit
Traveler's Accommodation (including an owner's unit plus one guest unit) for the property located at 407 N
Main St. COMPREHENSIVE PLAN DESIGNATION: Low Density Multi~FamHy Residential; ZONING: R~2;
ASSESSOR'S MAP #: 391E 05 DA; TAX LOT: 7600
NOTE: The Ashland Historic Commission will also review this Planning Action on July 8,2009 at 7:00 PM in the
Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way.
NOTICE OF COMPLETE APPLICATION: June25,2009
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: July 9, 2009
mcoo Feet
P'n:J~tN 1m..... aT"- f.;;,.,- '~"-...n~'" ""'W. n<:>( XQk:Qt>/-::
The Ashland Planning Division Staff has received a complete application for the property noted above.
Any affected property owner or resident has a right to submit written comments to the City of Ashland Planning Division, 51 Winburn Way,
Ashland, Oregon 97520 prior to 4:30 p.m. on the deadline date shown above.
Ashland f>lanning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of
completeness, a notice is sent to surrounding properties within 200 feet of the proptirtysubmitting 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 sam/:) properties within 5 days of decision. "An
appeal to the Planning Commission of the Planning Division Staffs decision must be made in writing ti:l the Ashland Planning Division within
12 days from the date ofthe mailing of final decision. IAMC 18.108.040)
The ordinanee criteria applicable to thisappHcation are attached to this ntitice. oregon lawstlrtas that failure to tai$e an objection
concerning this application, by letter, or failure to provide sufficient specifiCity to affoi'dth$ decisiOri maker an opportunity to respond to the
issue, precludes your right of appeal to the Land Use Board of Appeals (LUBA) on that issue. Failure to llpecify whichordinancecriteribn the
objection is based on also precludes your right of appeal to LUBA on that criteriol'l.FailUre6ftheapplic:antto raise constitutional or other
issuesrelatirigto propOsed conditions of approval with sufficient specificity to allow this Oeparttnentto respond to the issue precludes an
aeticnfor damages in circuit court. . "
A copy of the application, all documents and tMdence relied upon by theapplicllntar1dllpplicable c:riter.a are available forinspeciionat no
cost and will be provided at reliSonablecost, if requested. " .AUmaterialsareavallableat theAShlendPlahningDivision; C6mmunity
Development & Engineering Services Building, 51 WinburnWay,AShland,Oregon 97520; . "". ..". ".. < """ ."
If you have questions or cOmments concerning this re(jusst,please feel free to contactthe AShland P1anningOivis!()nat541-4&S;S305.
G:\C<lmm.de\"\pl.nning\ Tcmplates\NOT1CE OF COMPLETNESS . NEW.doc
TRAVELER'S ACCOMODA TIONS
18.24.030.K Approval Criteria
K. Traveler's accommodations, subject to the following:
1 . That all residences used for travelers accommodation be business-owner occupied. The business-owner shall be required to reside on the property
occupied by the accommodation, and occupancy shalt be determined as the travelers accommodation location being the primary residence of the
owner during operation of the accommodation. '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 to 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 is wholly responsible for all operations associated with the accommodation, and has actual ownership of the business.
(QRD 2806, 1997)
2. That each accommodation unit shall have 1 off-street parking space, and the owners shall have 2 parking spaces. All spaces shall be in
conformance with the requirements of the Off-Street Parking section of this Title.
3. That only one ground or wall sign, constructed of a non-plastic material, non.interior illuminated of 6 sq. ft. maximum size be allowed. Any exterior
illumination of signage shall be installed such that it does not directly Illuminate any residential structures adjacent or nearby the traveler's
accommodation in violation of 18.72.110.
4. That the number of accommodation units allowed shall be determined by the following criteria:
a. That the total number of units, including the owner's unit, shalt be determined by dividing the total square footage of the lot by 1800 sq. ft.
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 9 per approved travelers accommodation with
primary lot frontage on arterial streets. The maximum number of units shall be 7 per approved travelers accommodation with primary lot
frontage on designated collector streets; or for traveler's accommodations not having primary frontage on an arterial and within 200 feet of an
arterial. Street designations shall be as determined by the Ashland Comprehensive Plan, Distances shall be measured via public street or alley
access to the site from the collector or arterial.
b. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least 400 sq. ft. of gross interior floor space
remaining per unit.
5. That the primary residence on the site be at least 20 years old. The primary residence may be altered and adapted for traveler's accommodation
use, including expansion of floor area. Additional structures may be allowed to accommodate additional units, but must be in conformance with all
setbacks and lot coverages of the underlying zone.
6. Transfer of business-ownership of a traveler's accommodation shall be subject to all requirements of this section-and conformance with the criteria of
this section. All traveler's accommodations receiving their initial approvals prior to the effective date of this ordinance shall be considered as
approved, conforming uses, With all previous approvals, conditions and requirements remaining in effect upon change of business-ownership. Any
further modifications beyond the existing approvals shall be in conformance With all requirements of this section.
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. That the property on which the traveler's accommodation is operated is located within 200 feet of a collector or arterial street as designated in the
City's Comprehensive Plan. Distances shall be measured via public street or alley access to the site from the collector or arterial.
CONDITIONAL USE PERMITS
18.104.050 Approval Criteria
A conditional use permit shall be granted if the approval authority finds that the proposed use conforms, or can be made to conform through the imposition of
conditions, with the following approval criteria.
A. 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.
B. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate
transportation can and will be provided to and through the subject property.
C. 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. 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:
1. Similarity in scale, bulk, and coverage,
2. Generation of traffic and effects on surrounding streets. Increases in pedestrian, bicycle, and mass transit use are considered beneficial regardless
of capacity of facilities.
3. Architectural compatibility with the impact area.
4. Air quality, including the generation of dust, odors, or other environmental pollutants.
5. Generation of noise, light, and glare.
6. The development of adjacent properties as envisioned in the Comprehensive Plan.
7. Other factors found to be relevant by the Hearing Authority for review of the proposed use.
G:\comm-do"\pl.noing\Tcmpl..cs\NOTlCE OF COMPLETNESS - NEW.doc
SITE DESIGN AND USE STANDARDS
18.72.070 Criteria for Approval
The following criteria shall be used to approve or deny an application:
A. All applicable City ordinances have been met or will be met by the proposed development.
8. All requirements of the Site Review Chapter have been met or will be met.
C. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter.
D. That adequate capacity of City facilities for water, sewer, paved access to and through the development, electricity, urban storm drainage, and adequate
transportation can and will be provided to and through the subject property. All improvements in the street right-of-way shall comply with the Street
Standards in Chapter 18.88, Performance Standards Options.
(ORD 2655, 1991; OAD 2836, 1999)
G:"comm-dc\'\pJanni"g\Templal",,'NOTICE Of COMPLETNESS - NEW.doc
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 June 25, 2009, I 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 #2009-00725, 407 N Main.
SIGNED AND SWORN TO before me this 26th day of June, 2009.
_OFFICIAL SEAL
BILLIE K. BOSWEll
} NOTARY PUBLIC-OREGON
..' COMMISSION NO. 436471
MY COMMISSION EXPIRES APR. 7, 2013
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Notary Pu?li~ for Sta~e of 01l~oD _ /::;
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PA-2OO9-Q0725 391 E05DA 70001 PA 2Q09 00726 391 EOfiDA 27~ PA-2009-00725 391 E05DD 3500
CHATRQUX SYLVIA 8 MD CITY OF ASHU.ND CLARK MICHAEL RlMARY HOWARD
400 HERSEY ST 20 E MAIN ST 288 WIMER ST
ASHLAND OR 97520 ASHlA'UJ OR 97520 ASHLAND OR 97520
PAw2009-00725 391 E05DA 2500 PA-2009-00725 391E05DA noo PA-2009-00725 391EOSDA 7300
COlWEll JOHN C TRUSTEE CRAFFT TRUSTEE MARY JEAN EDWARDS OREN RALPH
410 N MAIN ST 75 WILDWOOD GARDENS 219 N MOUNTAIN AVE
ASHLAND OR 97520 FREMONT CA 94611 ASHLAND OR 97520
PA-2009-00725 391 E05DA 7804 PA-2009-00725 391 E050D 7900 PA-2009-00725 391 E05DA 7803
FREDERICKSON SALLY J FULTON RICHARD F B/CEUNE GREENE DON L TRUSTEE
POBOX 164 355 HIGH ST POBOX 516
SAN GERONIMO CA 94963 ASHLAND OR 97520 ASHLAND OR 97520
PA-20()9.{)()725 391 E05DA 7500 PA.2Q09..00725 391 E050A 7801 PA-2()()9..()()725 391 E05DD 3400
HaFFORD LEON KlIRIS J JONES DONALD ENMAN J KENNEDY KATHERINE M TRUSTEE
2310 TALENT AVE 1085 BELLVIEW AVE 132 GREENWAY CIR
TALENT OR 97540 ASHLAND OR 97520 MEDFORD OR 97504
PA-2009-00725 391E05DA 70002 PA-200g..oo725 391 E05DD 3600 PA-2009-00725 391 E05DA 7800
KLINE RICHARD/DALE LOMBARDI ROBERT J/CORINNE S MCNAMARA KELLY A1SCHUETZ THOMAS
400 W HERSEY ST 2 1685 SOLD HWY 99 2291 SISKIYOU BLVD
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00725 391 E05DA 2800 PA-2009-oo725 391 E05DD 8000 PA.2009-00725 391 E05DA 7200
O'BRIEN DERMOT J/SALL Y PETERSEN THOMAS NIKATHLEEN M PETERSON LORRAINE
438 N MAIN ST 80 WIMER ST 451 N MAIN ST
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA.2009-00725 391 E05DD 3800 PA-2Q09..00725 391 E05DD 3700 PA.2009-00725 391 E05DA 7600
SCHOENLEBER MARK SCHOENLEBER MARK TERRY JULIA
358 HIGH ST BALLARDlElIZABETH ANNE 407 N MAIN ST
ASHLAND OR 97520 60 WIMER ST ASHLAND OR 97520
ASHLAND OR 97520
PA-2009-00725 391E05DD 9700 PAw2009-00725 391E05DD 9600 PA-2009-00725 391E05DD 3900
WALKER MICHAEL8/llSA F WALKER MICHAEL B/llSA F YOUNG JEFFREY SlJANIS R
1180 OAK ST 1180 OAK ST 350 HIGH 8T
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2009-00725
Shoshannah Born
407 N Main St
Ashland, OR 97520
25
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JACKSON COUNTY
INFORMATION TECHNOLOGY
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JACKSON
COUNTY
Oregon
Landscape Plan for 407 N. Main
These letters correspond to regions labeled on the
accompanying map. There were too many plants to indicate
them all in the designated areas staying within the required size
of 8 'h by 11. A majority of this landscaping has already been
completed and the portions that will be added to are
delineated in the brief narratives for each section:
A)
This area has a pot with a geranium plant, three flowering
shrubs and a section of ornamental grass. I am planning on
replacing the ornamental grass with some annuals and
perennials. I will be planting oriental poppies and a hydrangea
plant.
B)
This area has three large rose bushes and some lavender iris
plants. It has pale yellow violas, deep purple violas, lavender
violas and lilies.
C)
Area C has lilies, yellow iris, daisies, another yellow rose bush
and more irises.
D)
This area has a pair of Oregon grape plants and perennials that
I've planted in the last few weeks. I've planted polemonium,
dianthus (hot pink), Salvia, arenoria and others.
E)
I have also planted some new flowers in this are and I will be
adding a few more. It has Columbine, a dwarf rhododendron
with purple flowers, deep pink geraniums and others. I will be
adding foxgloves, purple larkspur and peony plants. A lot of
this area was covered by a large section of lavender which
hasn't been maintained well and is mostly dead. I have pulled
out a lot of this lavender saving a few stems with growth on
them and I will be preparing a new bed for the plants that I will
be adding. I have already purchased foxgloves, purple
larkspur and peony plants for this area. I hope to add snap
dragons preferably bright yellow and white snow in summer
flowers as well.
F)
This area wraps around the corner of the lot. It has a
continuation of the lavender to be cleared and shasta daisies.
The corner has a border of ornamental grass which I will be
clearing and planting bright colored assorted gladiola bulbs.
There are two beautiful and robust pale pink rose bushes inside
this corner of the fence and a patch of iris plants.
G)
This is a full bed that has been pretty well tended. I will keep it
as is for the most part. There is iris, bleeding heart flowers,
shrubs, columbIne and other perennials. There are two red rose
bushes framing the gate on the inside of the fence and one of
them IS In thIs area.
H) There are a few flowers that have been planted here yellow
and red phygelius. I will be adding some other plants that I've
already purchased such as creeping thyme, light pink dIanthus,
verbena, several colors of violas and another rose bush.
I)
This area is the back porch of the house which is accented with
several pots including jasmine, violas and mini roses.
J)
This area is the fence bordering the parking lot. I have three
planters hanging on the fence with violas and snow In summer
in them and a planter box on the ground containing several
different varieties.
K)
This is an area bordering the parking lot running along the rear
of the property. It has ivy, a large section of irises, flowering
shrubs and yellow yarrow. I will be leaving this section for the
most part as it is as it works well.
L)
This is a section within the previous area that has been cleared
and will be replanted with a few summer bulbs, deep purple
pansies and assorted colors of snap dragons.
M)
This section is fenced in as a side yard. It has some beautiful
pine trees and raised garden beds for vegetables and herbs.
There is an outdoor seating area with a table and chairs and a
barbecue. Around the side are some Oregon grape plants, a
patch of irises and a large and beautiful fig tree.
The front yard has a well maintained lawn. There are mature
trees, shrubs and bushes on the property. There is a huge
mimosa tree, two purple rhododendrons and twin redwood
trees. I will be adding a pot outside the window by the window
seat. J will be adding rose bushes as a border of the path to
the front door and a fountain in an area to the right.
The lot is relatively flat and there are no slopes depicted. None
of the existing trees will be disturbed;
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Criteria for Conditional Use Permit from j 8. j 04.050 - Written Findings:
A)
The proposed use in an R-2 zoning is permitted and has been previously
approved for the same purpose. The proposed use is in conformance
with relevant comprehensive plan policies.
B)
The house is very accessible. The house has a very adequate paved
parking area and is the corner property of two paved streets, one being
the main road running through town north of the plaza.
City services are currently in place for water, sewer and electric and gas is
also used in the home. The wiring, the plumbing, the water heater and
heating and air conditioning system are in good condition. No upgrades
or improvements will be necessary to the services that are already existing
on the property. There is a storm drain in the rear parking lot.
C} 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. 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.
1 )
The house is a beautiful vintage Victorian and enhances the
neighborhood. It has a lovely appearance with the wrap around porch
and spacious front yard and mature trees. There will be no changes to
the physical structure of the building.
2)
Guests coming to stay express a preference for walking everywhere. They
typically like to park their car and walk to all the destinations downtown.
That is the number one criteria for people looking to rent travelers
accommodations, that it be in an easy walking distance to the plaza,
theatres and other points of interest in Ashland. The travelers
accommodations would also be empty at times especially during week
nights, so this would also cut down on car traffic.
3)
The style of the house is very compatible with the architecture of the
neighborhood. A neighbor walked by with her dog and said that she
knew the previous owner and the house is looking very beautiful lately
and she thanked me for the care I was putting into maintaining it. The
fence will be repainted and the porch refinished. The house has a good
paint job and it is very architecturally compatible with it's surroundings.
4)
All of the sprays used are natural so there will be no added pollutants.
There will be a reduction of car use on the property so environmental
pollutants will be reduced.
5)
There will be no added lighting outside to cause a glare. Most of the
guests at the travelers accommodation visit to take in The Shakespeare
Festival. It is typical for many guests to go to two plays per day. They like
to dine in town and enjoy the shops and local attractions. The guests tend
to be delightful and conduct themselves in an orderly manner. One
would not expect additional noise or disruptions of any kind.
6)
It will not affect the development of adjacent properties since no
structural changes are proposed. The house is lovely and well maintained
it will continue to be an enhancement to the area.
7)
There are no other factors to be found relevant by the Hearing Authority
for the review of the proposed use.
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Criteria from 18.24.030.K for Travelers Accommodations
1 )
I have ownership of the business and I will be residing on the property for
the months that it is in operation as a travelers accommodations. The
owner of the property is not involved whatsoever in the business or any
involved in any day to day operations.
2)
This property has ample parking and a paved parking lot as shown on the
diagra m.
3)
The small sign from the previous traveler's accommodation is still in place
and it is in conformance with the standards set forth previously.
4)
This is a one unit travelers accommodations which is well with in the range
of what is permitted.
5)
The primary residence is over 100 years old. No alterations of the physical
structure ore being considered, nor will they be.
6)
Not Applicable to the situation as I am currently not planning or}.
transferring ownership to another party. .-
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7)
An annual inspection will be conducted as required.
8)
The property is on the main street running through this part of town, North
Main. It most definitely meets this criteria.
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LEASE AGREEMENT
Address: 407 N. Main Street Ashland Oregon 97520
THIS AGREEMENT made ~his ] ~' day of April 2009, by and between ..}ulia A Teny__, herein called
"Landlord," and .S~U;51'IG/)llih&(, 'lk}ein called "Tenant." Landlord hereby agrees to rent to Tenant the
real property located in the City of Ashland, State of Oregon, described as follows: 'Main House' "A" at
407 N. Main Street, Ash land, OR, Commencing on the 1 st day of May 2009 and monthly thereafter until
the 1 st day of Februmy 20 10 (9 months), at which time this agreement is terminated and a new agreement
will be made, with then a 'month to month' term, with 60 days notice to be given, based on running the
home for business purposes and in exchange ofthe rent payment stay the same for up to 5 years possible or
a minimum of 3 years of guaranteed occupancy (unless Contract is broken due to abuse or neglect)..
1. Rent
Tenant agrees that the base rent the sum of $ 1500.00 per month and that there arc discounts of $100 to
equal $ ]400. Rent is due and payable monthly in advance on or by the fifth day of each month during the
term of this agreement. Rent must be received by 6:00 P.M. to Landlord's Bank Account (W AMU
Checking # 0983169486).
3. Late Charge
Tenant hereby acknowledges that late payment will cause Landlord to incur costs not contemplated by this
Rental Agreement Therefore, in the event rent is not received prior to 6:00 P.M. by the 5th day of the
month, regardless of cause, Tenant further agrees to pay a late charge to Landlord equal to ten doHars ($10)
each day the rent is late. If extra fees are not received with monthly rent, they may be taken out of Security
Deposit. If rent is more than 10 days late, landlord may choose not to receive rent, and begin eviction I
termination of contract measures.
5. Occupancy: The Tenant will use a pOltion of the home for her own space, and will use the remainder of
the home for a 'Traveler's Accomodation' business or will sublet the entire home. Irregardless of the
useage, The Tenant will pay the entire rent directly to the Landlord as previously stated. The Landlord is
not going into business with the Tenant, and will have no contractual involvement in the running,
furnishing or proceeds of the business. Tenant agrees to be cautious about who she sublets to, and will
remain completely responsible for the activities in the home and physical presentation of the yard while she
is the Tenant. Tenant agrees to assume all responsibility for actions taken by any person entering the
property, and will remain responsible for the Rent Payment even when the home isn't occupied.
6.* Tnra~lIm~~;~" do~s permitted if the pet does not disturb neighbors or vegetation. If neighbors
complain to landlord or police, the Tenant risks breaking the contract or will need to keep pet somehow
restrained to solve the problem.
8. Attorney's Cost
If court action is sought by either party to enforce the provisions of the Rental agreement, attorney's fees
and costs may be awarded to the prevailing party in the court action.
9. Occupancy
Tenant to Maintain dwelling unit as follows:
I. Comply with all obligations primarily imposed upon tenant by applicable provisions of building
codes materially affecting health and safety. Work will be done by professionals.
2. Keep that part of the premises that she occupies and uses as clean and safe as the condition of the
premises permit.
3. Dispose from his dwelling unit all rubbish, garbage, and other waste in a clean and safe manner (not
attracting rodents or raccoons. One trash can and a weekly pick up is supplied. Recycle in a responsible
manner to the perspective bins (glass in blue bin, everything else in large can). Tenants are responsible for
taking trash can to street (by 6am Thmsday) and recycling every other Thursday.
4. Keep all plumbing fixtures in a dwelling unit or used by the tenant as clean as its condition permits.
Inform Landlord of any leak that may cause problems to the paint, wood, or structure.
5. Use in a reasonable manner all electrical, plumbing, sanitmy, heating, ventilating, air-conditioning,
Tenant agrees not to put or pour any debris, grease, paper towels, Q-tips, tampons, newspaper, food, or any
other matter in the sink drain or toilets. Tenant agrees to pay the ENTIRE AMOUNT on biBs for all sewer
and water services, and for repairs resulting from clogged pipes/sewer back-up. The landlord will pay
sewer costs that are due to the environment or structural malfunctions.
Tenant must not overload electrical circuits. The tenant is aware of where the circuit breakers are, and
must try to flip switches to repair, before calling a handyman or electrician.
12. Tenant Cooperation
Tenant agrees to cooperate with Owner/agent in showing property to prospective tenant, prior to
termination of occupancy, but within no less than 3 years time.
13. Removal of Landlord's Property
If anyone removes any property belonging to Landlord without the express written consent of Landlord,
this will constitute expenses to be taken from the deposit.
14. Tenant Insurance
No rights of storage are given by this Lease Agreement. The Tenant agrees to hold the Landlord harmless
from any liability by reason of personal injury to any person and for property damage occurring on or about
or connected with the Premises or resulting from the Tenant use thereof. The Tenant will pay for additional
Insurance amounts due to usage of the home as a Business. The Tenant hereby acknowledges this and
agrees to make no such claims for any losses or damages against the Landlord, and would not expect a
'sublet' or 'traveler' to do so either. The Tenant acknowledges that Business and personal property
insurance is recommended. The Landlord cannot protect personal property. The home is furnished with 4
smoke detectors that are in good working order, and the placement, use or upkeep (checking) is up to the
Tenant.
15. Abandonment
If Tenant leaves the premises unoccupied for 15 days without paying rent in advance for that month the
Landlord anclJor her representatives have the right to take immediate possession of the property. Landlord
will also have the right to remove any prope11y that the Residents have left behind and store it at Tenant's
expense.
] 6. Condition of Premises
The Tenant acknowledges that the said property is in good condition, following a 'walk through' with the
Landlord. If there is anything about the condition ofthe property that is not good, they agree to take and
digital picture and report it to Landlord within 3 days of taking possession of the property. While it may
not be 'grounds' for repair, it will protect them from being charged for it in the future. They agree that
failure to file any written notice of defects will be legally binding proof that the property is in good
condition at the time of occupancy.
17. Tenant Responsibility
The Tenant specifically agree that no nails, screws, etc., will be driven into the walls, nor will they be
marred or torn by glue or tape. They also acknowledge that they will be responsible for and pay any
damage done by rain, wind, hail, if this damage is caused by leaving windows open, allowing stoppage and
or leaks of water. Any tenant caused broken windows or doors, torn screens, broken door and window
locks, etc. or any damage caused by tenant will be the tenant's financial responsibility to have
professionally repaired.
The Tenant must fonow rules and laws of the city Parking Department concerning parking, as there is no
parking by the residence on Wimer or N. Main. Landlord is responsible for providing three spaces for the
Tenant's parking needs
18. Roof and Termite Alert
Tenant agrees to notify Landlord immediately ifroofleaks, water spots appear on ceiling, or at the first "
sign of termite activity. .
and other facilities and appliances.
6. Not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises
or knowingly permit any person to do so.
7. Not make holes into the walls that are plaster, beyond that of thumb tacks. No sticky backing objects
to be put on walls.
8. Conduct themselves and require other persons on the premises with their consent to conduct
themselves in a manner that will not disturb his neighbor's peaceful enjoyment of the premises. No loud
music that other residents would complain about to the point of calling the police.
9. Water and care of the yard in a suitable way (minimum of3x per week in summer, but depending on
heat - temp requirement, to keep vegetation from dying). Keep debri and vegetation off sidewalk. The
tenant is getting a $50 reduction in the customary rental price due to a agreement to keep up the yard.
costs).. The Landlord will supply a lawn mower? yard tools, but maintenance of each will be tenant's
responsibility. The Landlord shall choose the gardener ifit is found necessary by the Landlord, and in such
a case rent will be increased by $50 (a portion ofthe amount that is currently' a discount' or 50% of the
costs (the Tenants portion) will be subtracted from the Security Deposit..
10. If items are broken and the repairman finds that the fault is due to neglect or abuse of the items, the
Tenant will pay forrepair.
II. If Landlord chooses to make improvements on the property or in the home, the Tenant shall receive
24 hour to one week notice (depending on the size of the project). No improvements will be made by the
Tenant without the Landlords written permission (e-mail acceptable). Improvements beyond repair for
common 'wear and tear' (as deemed by the 'professional') will be paid for by the Tenant. Ifrepair is
needed due to normal 'wear and tear' the Tenant can subtract that from Rent Money by submitting a receipt
for the work (from the professional, and/or store receipt) to the Landlord before Rent Money is due.
12. Upon vacating, the tenants shall have the carpets professionally cleaned, or that amount (with
receipt) will be taken from the deposit.
13. The Tenant shall keep the property free of Liens against it. If a Lien is discovered or action is
brought about against the owner that is deemed at all 'reasonable', or any suit against the Landlord as a
result of actions or negligence, the Contract will be terminated and the Security Deposit will be used.
14. The Tenant warrants that he/she will meet above conditions in every respect, and acknowledges that
failure to perform the obligations herein stipulated will be considered grounds for termination of this
agreement and loss of reasonable deposit amount.
10. Security Deposit
The Tenant has deposited with, and the Landlord acknowledges receipt of, $ 1200.00 as a Security Deposit
on this day. This Deposit is to secure the Lease Agreement period from May - January, with timely and
full Rental Payments. The Security Deposit is also to guarantee the return of the Premises to the Landlord
in the same or better condition as when accepted by the Tenant, reasonable wear excepted, and to satisfy
any obligations of the Tenant unfulfilled at the termination of this Lease Agreement, as specified herein.
Satisfactory compliance with this section includes removing all trash and belongings of the Tenant. The
Security Deposit is to indemnify the Landlord against damage and/or loss of value as a result of the
Tenant's action, mistake. or inaction during the term of occupancy. The Security Deposit may not be
applied by the Tenant as and for payment of any rent due the Landlord, including 'last month's'. Should
the Tenant be responsible for damage and/or loss of value to the Premises greater than the value of the
Security Deposit, the Tenant hereby agrees to reimburse the Landlord for such loss immediately upon the
presentation of a bill for said damage and/or loss.
The Landlord shall return the balance of said Security Deposit, if any, to the Tenant at the Tenant's
forwarding address, upon vacating, return of keys to the Landlord and termination of this contract
according to other terms herein agreed. The deposit will be returned within thirty (30) days after the
Tenant vacates the Premises, along with an itemized statement as to the deductions, ifany, from said
Security Deposit.
II. Plumbing and Electricity
Tenant is financially responsible for gas, electrical. water and sewer bills, and is aware that there js a ..c
deduction from the rent of$50 to cover the utilities cost of 'the Cottage'. The Landlord will pay for one
Trash can service for Residents of "A".
. ~/
20. Waiver
All rights given to Landlord by this agreement shall be cumulative in addition to any laws that exist or
might come into being. Any exercise of any rights by Landlord or failure to exercise any rights shall not
act as a waiver of those or any other rights. No statcmcnt or promise by Landlord, its agents or employees,
as to tenancy, repairs, amount of rent to be paid, or other tCI111S and conditions shall be binding unless it is
put in writing.
21. T erllls
In tbis agreement the singular number where used will include the plural, the masculine gender will include
the feminjne, the term Owner will include Landlord.
Accepted this 11 th day of April 2009, with a received paid der"~.i~;:'I."^ ,i; 1.tOO... , . / ..J ~ )
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ZONING PERMIT APPLICATION
FILE # c5fOO 7 ~ 007:? ,2
Planning Department
51 Winburn Way, Ashland OR 97520
CITY Of
ASH LAND 541-488-5305 Fax 541-488-6006
DESCRIPTION OF PROJECT
DESCRIPTION OF PROPERTY
.'
Street Address /; (/) /J, //idf A ",5 t>"cJ.,,-:e~
Assessor's Map No. 39 1 E
Tax lol(s)
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Zoning
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Comp Plan Designation
APPLICANT
Name...'..;J}{.s/ u " ) n (i !
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J'-;-O'/ N. ;))(11,) <5'/7.(" (
Phone (S,//) hie ..-,5(F77' E-Mail.si().C./k<ij/..Jf)Y//J&:;..:/((l \
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City /r<; lei! "-i(i Zip /7S>,/J 'j C (//
Address
PROPERTY OWNER
Name
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Phone
E-Mail
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Address
City
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SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER
Title
Name
Phone
E-Mail
Address
City
Zip
Title
Name
Phone
E-Mail
Address
City
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. I 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. I furlher understand that if this request is SUbsequently contested, the burden will be on me to
establish:
1)
2)
3)
4)
that I produced sufficient factual evidence at the hearing to supporl this request;
that the findings of fact fumished justifies the granting of the request:
that the findings of fact furnished by me are adequate; and furlher
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 buill in reliance thereon being required to
be removed~t my expense. Ifl hav~. any do~bts, I am advised to seek competent professional advice and assistance.
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Applicant's Signature Date
As owner of the property involved in this request, I have read and understood the complete application and its consequences to me as a property
owner.
Property o~~~~~~;:c~) ;?J
""; t) \ Il..(st,c~!
Date J
(To be COO"4lleteQ ~y City S1<II]
Date Received
/ . )-- 00
f.{) t- .. / I
Zoning Permit Type
-1-
91"1"", C)/S.J
Filing Fee $
OVER >>
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Job Address: Contractor:
Address:
Owner's Name: TERRY JULIA Phone:
Customer #: 05293 State Lic No:
SHOSHANNAH BORN City Lic No:
Applicant:
Address:
Sub-Contractor:
Phone: Address:
Applied: 06/05/2009
Issued:
Expires: 12/02/2009 Phone:
State Lic No:
Maplot: 391 E05DA7600 City Lic No:
DESCRIPTION: Conditional Use Permit
Occupancy Type
Construction
Units
Rate Amt
Actual Amt Constuction Description
Total for Valuation:
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Amount Fee Description
Amount
Type!
917.00
117;Y""'"
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COMMUNITY DEVELOPMENT
20 East Main St.
Ashland, OR 97520
www.ashlano.or.us
Tel: 541-488-5305
Fax: 541-488-5311
TTY: 800-735-2900
Inspection Request Line: 541-552-2080
CITY OF
ASHLAND