HomeMy WebLinkAboutPioneer N_175 (PA-2010-00069)
CITY Of
ASHLAND
March 31, 2010
Douglas & Leslie Terrell
196 Windemar Place
Ashland, OR 97520
Notice of Final Decision
On March 31, 20 I 0, the Staff Advisor for the Ashland Planning Division administratively approved your
request for the following:
PLANNING ACTIONS: 20 I 0-00069
SUBJECT PROPERTY: 163 and 175 North Pioneer Street
APPLICANT: Sichel's Delicatessen, LLC (Terrill, Douglas & Leslie)
DESCRIPTION: A request for a Site Review approval to renovate the existing building at 175 NOl1h
Pioneer Street into a delicatessen, and a modification of previously approved Planning Action #2009-
01520 which granted Site Review approval for a coffee shop with on-site coffee roaster for the adjacent
property located at 163 N011h Pioneer Street. COMPREHENSIVE PLAN DESIGNATION:
Commercial; ZONING: C-I; ASSESSOR'S MAP #: 39 IE 09 BB; TAX LOT: 12500 and 12600
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 forth in the Ashland Land Use Ordinance (ALUO)
18.1 08.070(B)(2)(b) andlor file an appeal to the Ashland Planning Commission as provided in the ALUO
18.1 08.070(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: Propel1y owners within 200 ft
DEPT. OF COMMUNITY DEVELOPMENT
20 E, Main Street
Ashland, Oregon 97520
www.ashland.or.us
Tel: 541-488-5305
Fax: 541-552-2050
TTY: 800,735-2900
r;.,
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTIONS: 2010-00069
SUBJECT PROPERTY: 163 and 175 North Pioneer Street
APPLICANT: Sichel's Delicatessen, LLC (Ferrill, Douglas & Leslie)
DESCRIPTION: A request for a Site Review approval to renovate the existing building at 175 North
Pioneer Street into a delicatessen, and a modification of previously approved Planning Action #2009-01520
which granted Site Review approval for a coffee shop with on-site coffee roaster for the adjacent property
located at 163 North Pioneer Street.
COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-l; ASSESSOR'S
MAP #: 39 IE 09 BB; TAX LOT: 12500 and 12600
SUBMITTAL DATE:
:QEEMED COMPLETE DATE:
STAFF APPROVAL DATE:
FINAL DECISION DATE:
APPROVAL EXPIRATION DATE:
January 21,2010
February 20,2010
March 31,2010
April 13, 2010
April 13, 2011
DECISION
The proposal is a request for Site Review approval to renovate the existing building at 175 North Pioneer Street into a
delicatessen, and a modification of previously approved Planning Action #2009-01520 which granted Site Review
approval for a coffee shop for the adjacent property located at 163 North Pioneer Street. The modifications proposed
include the demolition of a garage which straddles the property line between the two properties and changes to the
parking layout and on-site circulation.
The subject properties, contiguous lots under one ownership, are located on the west side of North Pioneer Street,
between Lithia Way and B Street in the Ashland Railroad Addition historic district. The subject properties are zoned
C-l Commercial Retail and are located within one of Ashland's Detail Site Review Zones, as is the rest of the west side
of this block of Pioneer Street. On the other side of Pioneer Street, the city-owned parking lot at the comer is zoned C-
1, with the remainder of the property on the block from the parking lot to B Street being zoned Low Density Multi-
Family Residential (R-2). Downtown Commercial Zoning (C-I-D) is located across Lithia Way to the south. Despite
the subject properties' commercial zoning, both have been in residential use since their construction around 1941,
although it is rumored that a previous renter at 163 North Pioneer Street may have operated an unlicensed home
occupation for a time.
The property at 175 North Pioneer Street is a rectangular lot with a 45 Yz-foot frontage on North Pioneer Street, a depth
of75 feet and an area of3,412 square feet. The existing home on this parcel, an approximately 1,136 square foot, one
and one-half story house according to Jackson County tax assessment data, is designated as the Clarence and Rachel
Bell Rental House in the historic resources inventory and is considered to be a non-contributing historic resource within
the Ashland Railroad Addition historic district. The inventory document notes that the house has been substantially
modified with applied detailing and re-constructed elements, and does not currently reflect its historic period of
development.
The property at 163 North Pioneer Street is also rectangular, with a 42 Yz-foot frontage on North Pioneer Street, a depth
of 75 feet and an area of 3,188 square feet. This property was recently granted Site Review approval to convert the
P A #2010-00069
175 Pioneer St. N.ldds
Page 1
existing home on the property into a coffee shop, and construction to that end is now underway. The existing home, an
approximately 624 square foot single-story Arts & Crafts bungalow, is designated as the Roy G. Murphy Rental House
in the historic resources inventory and is considered to be a contributing resource within the Ashland Railroad Addition
historic district.
In addition to the two homes, the subject properties contain a small detached garage at the rear of the site, which
straddles the property line between the two parcels, and which is to be removed with this application in order to
accommodate proposed modifications to parking and site circulation. Because the garage is less than 500 square feet in
size, it is not subject to a Demolition/Relocation Review Permit.
The block has a mix of existing uses and zoning, and is situated between the more intensely developed commercial
downtown core, with a public parking lot just across the street to the east, and the residentially zoned neighborhood a
half-block to the north along B Street. In previous applications in the vicinity, the block has been described as a buffer
area providing a transition between the commercial core of the downtown and the Railroad District residential
neighborhood across the street.
Development of the site is subject to Basic Site Review as well as the Detail Site Review and Historic District
Development Standards. Unlike the previous Site Review for 163 North Pioneer, which involved very limited exterior
modifications to the existing building or the site, the current proposal involves not only the demolition of the garage
straddling the property line between the two properties, but also the installation of a driveway and parking places at the
rear of the buildings, and substantial renovation of the existing building at 175 North Pioneer. The interior space is to
be renovated and commercial kitchen facilities installed, and the exterior concrete porch posts are to be removed and
replaced with historically compatible turned or box pillars. The upstairs is to provide a manager's office and employee
area, and an exterior roof deck, railing and stairs at the rear of the building are to be replaced. The building is to be
painted in a historic paint scheme, the site landscaped, and cobblestone hardscaping installed. The applicants also
indicated to the Historic Commission that they would be working to restore the building based on an old photo ofthe
home that was provided when they purchased it, and they noted that the existing T -111 siding would be removed and
the original siding underneath restored, and period-appropriate window and trim details would be installed. The
existing building is considered to be a non-contributing historic resource due to significant modifications including
applied details which do not reflect the historic period of significance, and the Historic Commission noted that if the
proposal were well-executed, the entire block could be made more compatible.
With the demolition of the garage which currently straddles the property line at the rear of the lots, the applicants
propose to relocated parking to the rear of the buildings, in keeping with the Site Design and Use Standards. Where a
single handicapped accessible parking space was shown to serve 163 North Pioneer at the entrance to the driveway, the
applicants now propose to relocate this space by extending the driveway back between the buildings. Two handicapped
accessible parking spaces are shown on the site plan provided to address the off-street parking requirements of the
proposed four seats in each building, however the plan provided does not address required landscape buffers between
the proposed parking and the property lines. Because the two lots are contiguous and under a single ownership, only
one handicapped accessible parking space is required. As such, the parking could be reconfigured so that only one
handicapped accessible space is provided behind 163 North Pioneer, and a single standard parking space is provided
behind 175 North Pioneer, and the plan modified to provide the required landscaped buffer area at the property line. A
condition to this effect has been added below. Given the limited seating proposed, the two parking spaces to be
provided satisfy the parking requirements of the Off-Street Parking Ordinance. In addition, one on-street parking credit
is available along the subject properties' Pioneer Street frontage and additional public parking is located across the
street in the city-owned parking lot. With the nature of the uses being largely focused on a neighborhood scale coffee
shop and delicatessen, both with very limited seating, staff believe that a significant portion of the business is likely to
come from pedestrian traffic already in the vicinity, and that the parking demand can be satisfied through the off-street
parking to be provided, supplemented by the available on-street space and the public parking lot across the street.
P A #2010-00069
175 Pioneer St. N.ldds
Page 2
The existing residence is served by city facilities including electric, water, sewer and storm sewer, however the Electric
Department has indicated that depending on the number and type of new commercial appliances to be installed,
upgrades to the existing services may be necessary. As such, a condition has been added below to require that an
electric service plan approved by the Electric Department be provided with the building permit submittal.
Pioneer Street, a neighborhood collector, is fully improved along the subject property's frontage, with paving, curbs,
gutters, parkrow and sidewalks in place. The park row's planting strip does however lack a required street tree along
the property frontage, and a condition has been included below to require that a revised site plan identifying an
appropriate street tree be provided with the building permit submittal.
The Historic Commission reviewed the proposal at their March 3, 2010 meeting and made a number of
recommendations. The Tree Commission reviewed the proposal at their March 4, 2010 meeting and provided
recommendations as well. Conditions have been added below to address these recommendations where they are
consistent with the applicable approval criteria.
Following the notice of complete application for the current proposal, a neighboring business owner contacted staff,
noting that while they were supportive of new business in Ashland, they believed parking had been a concern in the
past. After learning the nature of the businesses proposed, a neighborhood scale coffee shop and small delicatessen
with limited seating likely to be frequented by pedestrian traffic between the Railroad Historic District and the
downtown, they indicated that they were supportive of the proposal. No written comments were received during the
comment period.
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 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.
With limited modifications proposed to the existing historic contributing resource at 163 North Pioneer, upgrades
proposed for the non-contributing home at 175 North Pioneer, and uses that seem appropriately scaled to the
established neighborhood, the proposal seems well suited to the location and helps provide a gentle transition from the
more intense downtown commercial zoning along Lithia Way to the less intense commercial and residential pattern
within the Ashland Railroad Addition Historic District along Pioneer Street and the nearby B Street. And as the
Historic Commission noted, a well-executed renovation of 175 North Pioneer Street would go a long way toward
enhancing the historic character of the block.
The application with the attached conditions complies with all applicable City ordinances. Planning Action 2010-
00069 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 201 0-00069 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 herein.
2) That the conditions of the previous Site Review approval, P A #2009-01520, shall remain in effect unless
otherwise specifically modified herein.
3) That the building permit submittal shall include:
P A #2010-00069
175 Pioneer St. N.ldds
Page 3
a) A revised Site Plan that includes: 1) a reconfiguration of the parking at the rear of the building's to
provide the required five-foot wide landscape buffer between the parking spaces and the property
lines, as required in the Parking Lot Landscaping and Screening Standards (Section lID of the Site
Design and Use Standards).
b) An Electric Service Plan approved by the Electric Department.
c) A revised Landscaping and Irrigation Plan that includes landscape and irrigation details; addresses the
required parking lot landscaping including landscape buffer plantings, seven percent parking lot
landscaping requirement, and required one parking lot tree per seven parking spaces; delineates all
proposed landscaped and hardscaped areas on the site; parkrow planting strip details including street
trees selected from the approved street tree list and placed according to the Street Tree Standards and
Vision Clearance Standards. All landscaping, irrigation and hardscaping shall be installed according
to the approved plan, inspected and approved prior to the issuance of an occupancy permit.
d) A Tree Protection Plan identifying all existing trees over six-inches in diameter and breast height on
the subject properties and on adjacent properties within fifteen feet of property lines, as required in
AMC 18.61.200, and identifying measures proposed for their protection during the proposed
construction and associated site work, including but not limited to demolition of the garage and
excavation to install pavers.
4) That the plans submitted for the building permit shall be in substantial conformance with those approved as
part of this application. Ifthe plans submitted for the building permit are not in substantial conformance with
those approved as part ofthis application, an application to modify the Site Review approval shall be submitted
and approved prior to issuance of a building permit.
5) That exterior building materials and paint colors shall be compatible with the surrounding area and generally
consistent with the elevation drawings provided with the planning application. Exterior building color and
material details including specific details of the siding, columns, and trim proposed shall be provided with the
building permit submittals for the review and approval of the Historic Commission Review Board and Staff
Advisor. Bright or neon paint colors shall not be used in accordance with 1I-C-2f) of the Detail Site Review
Standards.
6) That all required parking spaces, including the required disabled person parking space, shall be installed,
inspected and approved prior to occupancy.
7) That all requirements of the Building Division shall be conditions of approval included but not limited to the
requirements that the applicants obtain all required building and demolition permits and inspections, and pay
all applicable fees and system development charges (SDC's) associated with the proposed construction.
Operations of the businesses shall not commence until all inspection approvals have been received and a
certificate of occupancy issued.
8) That any exterior lighting shall be appropriately shrouded so there is no direct illumination of surrounding
properties. Lighting fixture specifications and shrouding details shall be provided with the building permit
submittals.
9) That the applicant shall obtain a City of Ashland business license prior to operation of the coffee shop or
delicatessen.
10) Inverted u-racks shall be used for the bicycle parking. All bicycle parking shall be identified in the building
permit submittals and installed in accordance with design and rack standards in 18.92.040.I and J prior to the
issuance of the certificate of occupancy or operation of the proposed businesses.
11) That permits and inspections by the Jackson County Health Department shall be conducted as required by the
laws of Jackson County or the State of Oregon.
12) That a sign permit shall be obtained prior to the placement of any signage on the property. Signage shall meet
the requirements of Chapter 18.96 and shall meet the requirements of 18. 72.l20.C if located in a vision
clearance area. The Historic Commission Review Board shall review and approve sign permit applications
prior to issuance.
13) That the requirements of the Fire Department, including approved addressing, shall be satisfactorily addressed
prior to occupancy.
P A #2010-00069
175 Pioneer St. N.ldds
Page 4
14) That street trees, 1 per 30 feet of street frontage, shall be installed on the Pioneer Street frontage prior to the
issuance of a certificate of occupancy. All street trees shall be chosen from the adopted Street Tree List and
shall be installed in accordance with the specifications noted in Section E of the Site Design and Use
Standards. Street trees and parkrow planting strips shall be irrigated.
15) Lot coverage calculations including all building footprints, driveways, parking areas, circulation areas and
other lot coverage shall be provided with the building permit submittal for the review and approval of the Staff
Advisor. Lot coverage shall be limited to no more than 85 percent as required in AMC 18.72.11 O.A.
16) That the screening for the trash and recycling enclosure shall be identified in the building permit submittals,
and shall be installed in accordance with the Site Design and Use Standards prior to the issuance ofa certificate
of occupancy or operation of the cafe. An opportunity to recycle site of equal or greater size than the solid
waste receptacle shall be included in the trash enclosure in accordance with 18. n.115.A.
17) In the event that occasional seasonal outdoor seating is to be provided, these seating areas should be clearly
identified on site plan. Seating areas should be clearly separate from site circulation routes, defined through
hardscape and landscape treatment, and not signage (for instance logo umbrellas) shall be permitted in
association with seasonal outdoor seating.
18) That the applicants shall obtain necessary permits and inspections through the Public Works Department, and
pay associated fees, for any curb cut and sidewalk modifications. Any concrete installed within the right-of-
way shall be in colors approved for the Historic Districts. Curb cut and driveway width shall be kept to the
minimum necessary to accommodate access, parking and circulation.
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Department of Community Development
March 31 st . 2010
Date
P A #2010-00069
175 Pioneer St. N.ldds
Page 5
Easy Peellll> Labels
Use Averylll> Template 5160@
PA-2010-00069 391 E09BB 11500
171 OAK STREET LLC
PO BOX 1169
ASHLAND OR 97520
PA-2010-00069 391E09BA 12100
BROOKS GERALD LlDOROTHY C
136 B ST
ASHLAND OR 97520
PA-2010-00069 391 E09BB 12400
DELAUNAY DEBORAH ET AL
185 N PIONEER ST
ASHLAND OR 97520
PA-2010-00069 391 E09BA 12200
GUZZETTA JOSEPH JAMES/DE
FRANCESCA SIEGL
4176 SANTA RITA RD
EL SOBRANTE CA 94803
PA-2010-00069 391E09BA 14500
HISTORIC ASHLAND ARMORY LLC
PO BOX 249
ASHLAND OR 97520
PA-2010-00069 391E09BB 11600
PAGE JOSEPH
1 LOUDON LN
LOUDONVILLE NY 12211
PA-2010-00069 391 E09BA 13200
SHELLEY STACY/STEVEN LAROSE
123 B STREET
ASHLAND OR 97520
PA-2010-00069 391E09BB 12100
UHTOFF KATHERINE J TRUSTEE ET AL
633 ROCA ST
ASHLAND OR 97520
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PA-2010-00069 391E09BB 12700
ANCHICK JACK C TRUSTEE ET AL
1335 UPPER RIVER RD
GOLD HILL OR 97525
PA-2010-00069 391 E09BA 11500
CITY OF ASHLAND
CITY HALL
ASHLAND OR 97520
PA-2010-00069 391 E09BB 15600
EDWARDS OREN E
219 N MOUNTAIN AVE
ASHLAND OR 97520
PA-2010-00069 391 E09BB 11700
HAINES LLOYD M
96 MAIN ST
ASHLAND OR 97520
PA-2010-00069 391 E09BB 12000
HOADLEY LLOYD A TRUSTEE ET AL
981 PARK ST
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PA-2010-00069 391 E09BA 11800
POTOCKI STAN
836 VORIS AVE
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PA-2010-00069 391E09BB 11300
SWINFORD RUBY LORENE
108 MACE RD
MEDFORD OR 97501
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162 N PIONEER
ASHLAND OR 97520
PA-2010-00069 391 E09BA 13300
COLLONGE JOSEPH LlJEAN
111 B ST
ASHLAND OR 97520
PA-2010-00069 391 E09BB 11900
GREG BAILEY ENTERPRISES II LLC
4902 MT ASHLAND SKI RD
ASHLAND OR 97520
PA-2010-00069 391 E09BB 11200
HAYES MERRILL E
191 OAK ST
ASHLAND OR 97520
PA-2010-00069 391 E09BA 12000
M J D JAMESTOWN
180 N PIONEER
ASHLAND OR 97520
PA-2010-00069 391 E09BB 12200
RIGOTTI GARY R TRUSTEE ET AL
12 PEBBLE CREEK DR
EAGLE POINT OR 97524
PA-2010-00069 391 E09BB 12500
TERRILL DOUGLAS S/LESLlE A
196 WINDEMAR PL
ASHLAND OR 97520
163 & 175 N Pioneer
3-31-10 NOD
22
www.avery.com
1-AOn..c.;n..A VI=RY
CITY OF
ASHLAND
ASHLAND TREE COMMISSION
Planning Action Review
March 4,2010
PLANNING ACTIONS: 2010-00069
SUBJECT PROPERTY: 163 and 175 North Pioneer Street
APPLICANT: Sichel's Delicatessen, LLC (Terrill, Douglas & Leslie)
DESCRIPTION: A request for a Site Review approval to renovate the existing building
at 175 North Pioneer Street into a delicatessen, and a modification of previously
approved Planning Action #2009-01520 which granted Site Review approval for a coffee
shop with on-site coffee roaster for the adjacent property located at 163 North Pioneer
Street.
COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-l;
ASSESSOR'S MAP #: 39 IE 09 BB; TAX LOT: 12500 and 12600
Recommendation:
1) That a landscaping and irrigation plan in accordance with the Site Design and Use
Standards shall be submitted with the Building Permit application for review and
approval. The street tree shall be shown on the plan. The landscaping and irrigation
shall be installed in accordance with the approved plan prior to issuance of a
Certificate of Occupancy.
2) The small street tree adjacent to the driveway shall be replaced with a larger stature
street tree. The street tree shall be chosen from the Recommended Street Tree Guide
and planted in accordance with the Street Tree Planting Standards from the Site
Design and Use Standards Section II.
3) An open canopy street tree that begins branching above six (6) - eight (8) above
grade shall be selected and installed prior to issuance of a Certificate of Occupancy.
4) That the applicant shall be careful of the roots of the adjacent neighboring properties
trees along west property line throughout the demolition of the garage and excavation
to install the paver parking areas. If roots encountered they shall be cut with a sharp
saw and recovered with soil immediately.
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ASHLAND HISTORIC COMMISSION
Type I - Plan Review Comments
March 3rd, 2010
CITY OF
ASHLAND
PLANNING ACTIONS: 2010-00069
SUBJECT PROPERTY: 163 and 175 North Pioneer Street
APPLICANT: Sichel's Delicatessen, LLC (Terrill, Douglas & Leslie)
DESCRIPTION: A request for a Site Review approval to renovate the existing building at 175
North Pioneer Street into a delicatessen, and a modification of previously approved Planning
Action #2009-01520 which granted Site Review approval for Intatto Coffee, a coffee shop with
on-site coffee roaster for the adjacent property located at 163 North Pioneer Street.
COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; ASSESSOR'S
MAP #: 39 IE 09 BB; TAX LOT: 12500 and 12600
Commission Recommendations:
1) That the amount of paving, including areas surfaced in cobblestones, should be limited to
the minimum necessary to accommodate parking and vehicular circulation on-site. The
driveway should be the only paved area in front of the buildings.
2) That a landscaping plan be provided which includes identification of planting materials
and their placement in a manner consistent with the historic residential character of
these two buildings.
3) If seasonal outdoor seating is to be installed, the seating areas should be clearly
delineated on the site plan. Seating, if used, should be near the buildings and defined
through surface treatment and landscaping such as low hedges.
4) That, if possible, bicycle parking be placed on the front porches of both units. No
covered bike parking should be placed between the building and the street, and if porch
placement proves problematic it would be preferable to place any covered bicycle parking
to the side of the building. Any covering of the bike parking should match the roof pitch
and materials of the existing building. Details of proposed bike parking to be provided
with the building permit submittal for review by the HC Review Board,
5) That in terms of the building exterior and the applicants proposal to restore it based on a
historic photo in their possession (no photo provided) the following items should be
considered:
o That the existing T-111 siding should be removed and the original horizontal
siding underneath restored as proposed by the applicants,
o The windows and window trim should be period appropriate in size, type and
material.
o Color should be period appropriate.
o Columns Qn the front porch of 175 Pioneer should be period appropriate and of a
size proportional to the historic building. Columns should be turned (round) or
box pillars as appropriate to the historic period of development.
o Building permit drawings shall include color and material details as required for
Site Review, and shall be provided for the review of the Historic Commission's
Review Board prior to permit issuance,
6) That the applicants should provide a copy of the historic photo being used as the basis
for their restoration plan with the building permit submittal.
7) That the Historic Commission's Review Board shall review the building permit and sign
permit applications prior to issuance.
CITY OF
LAN
Planning Department, 51 Winburn, I' Ashland, Oregon 97520
541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900
NOTICE OF APPLICATION
PLANNING ACTIONS: 2010-00069
SUBJECT PROPERTY: 163 and 175 North Pioneer Street
APPLICANT: Sichel's Delicatessen, LLC (Terrill} Douglas & Leslie)
DESCRIPTION: A request for a Site Review approval to renovate the existing building at 175 North Pioneer Street
into a delicatessen, and a modification of previously approved Planning Action #2009-01520 which granted Site
Review approval for a coffee shop with on-site coffee roaster for the adjacent property located at 163 North Pioneer
Street. COMPREHENSIVE PLAN DESIGNATION: Commercial; ZONING: C-1; ASSESSOR'S MAP#: 391E 09
BB; TAX LOT: 12500 and 12600
NOTE: The Ashland Historic Commission will also review this Planning Action on March 3, 2010 at 5:00 PM in the
Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way.
NOTE: The Ashland Tree Commission will also review this Planning Action on March 4,2010 at 6:00 p.m. in the Community
Development and Engineering Services building (Siskiyou Room) located at 51 Winburn Way.
NOTICE OF COMPLETE APPLICATION: February 24,2010
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: March 10, 2010
ProplH1y lilles an> [or rofff{c'V:<, only. 110t scal..ablc
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 Planning Division Staff determine if a Land Use application is complete within 30 days of submittal. Upon determination of completeness, a
notice is sent to surrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period, After the
comment period and not more than 45 days from the application being deemed complete, the Planning Division Staff shall make a final decision on the
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
18,108.040)
The ordinance criteria applicable to this application are attached to this notice, Oregon law states that failure to raise an objection concerning this
application, by letter, or failure to provide sufficient specificity to afford the decision maker an opportunity to respond to the issue, precludes your right
of appeal to the Land Use Board of Appeals (LUBA) on that issue, Failure to specify which ordinance criterion the objection is based on also precludes
your right of appeal to LUBA on that criterion, Failure of the applicant to raise constitutional or other issues relating to proposed conditions of approval
with sufficient specificity to allow this Department to respond to the issue precludes an action for damages in circuit court,
A copy of the application, all documents and evidence relied upon by the applicant and applicable criteria are available for inspection at no cost and
will be provided at reasonable cost, if requested, All materials are available at the Ashland Planning Division, Community Development & Engineering
Services Building, 51 Winburn Way, Ashland, Oregon 97520.
If you have questions or comments concerning this request, please feel free to contact the Ashland Planning Division at 541-488-5305,
G:\comm-dev\planninglNotices Mailed\20 I 0\20 I 0-00069 ,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.
B. 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; ORD 2836,1999)
G:\comm-dev\planninglNotices Mailed\20 1 0\20 1 0-00069,doc
This map Is based on a digital database
complied by Jackson County From a variety
of sources, Jackson County cannot accept
responslbUy for errors) omissions) or
posItional accuracy, There are no
warranties) expressed or Implied,
Map created on 2/23/2010 4:04:30 PM using web,Jacksoncounty,org
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JACKSON
COUNTY
Oregon
This map Is based on a digital database
compiled by Jackson County From a variety
of sources, Jackson County cannot accept
responslblly for errors, omissions, or
positional accuracy. There are hO
warrantles, expressed or Implied.
Map created on 2/18/2010 11:54:20 AM using web.jacksoncounty.org
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A A
PA-2010-00069 391 E09BB 11500 PA-2010-00069 391E09BB 12700
171 OAK STREET LLC ANCHICK JACK C TRUSTEE ET AL
PO BOX 1169 1335 UPPER RIVER RD
ASHLAND OR 97520 GOLD HILL OR 97525
PA-2010-00069 391 E09BA 12100 PA-2010-00069 391 E09BA 11500
BROOKS GERALD UDOROTHY C CITY OF ASHLAND
136 B 8T CITY HALL
ASHLAND OR 97520 ASHLAND OR 97520
PA-2010-00069 391E09BB 12400 PA-2010-00069 391 E09BB 15600
DELAUNAY DEBORAH ET AL EDWARDS OREN E
185 N PIONEER ST 219 N MOUNTAIN AVE
ASHLAND OR 97520 ASHLAND OR 97520
P A-20 10-00069 391 E09BA 12200 PA-2010-00069 391 E09BB 11700
GUZZETTA JOSEPH JAMES/DE HAINES LLOYD M
FRANCESCA SIEGL 96 MAIN ST
4176 SANTA RITA RD ASHLAND OR 97520
EL SOBRANTE CA 94803
PA-2010-00069 391E09BA 14500 PA-2010-00069 391 E09BB 12000
HISTORIC ASHLAND ARMORY LLC HOADLEY LLOYD A TRUSTEE ET AL
PO BOX 249 981 PARK ST
ASHLAND OR 97520 ASHLAND OR 97520
P A-20 10-00069 391 E09BB 11600 PA-2010-00069 391 E09BA 11800
PAGE JOSEPH POTOCKI STAN
1 LOUDON LN 836 VORIS AVE
LOUDONVILLE NY 12211 ASHLAND OR 97520
PA-2010-00069 391E09BA 13200 PA-2010-00069 391 E09BB 11300
SHELLEY STACY/STEVEN LAROSE SWINFORD RUBY LORENE
123 B STREET 108 MACE RD
ASHLAND OR 97520 MEDFORD OR 97501
PA-2010-00069 391E09BB 12100
UHTOFF KATHERINE J TRUSTEE ET AL
633 ROCA ST
ASHLAND OR 97520
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BERMAN AL TRUSTEE
162 N PIONEER
ASHLAND OR 97520
PA-2010-00069 391 E09BA 13300
COLLONGE JOSEPH L/JEAN
111 B ST
ASHLAND OR 97520
PA-2010-00069 391 E09BB 11900
GREG BAILEY ENTERPRISES II LLC
4902 MT ASHLAND SKI RD
ASHLAND OR 97520
PA-2010-00069 391 E09BB 11200
HAYES MERRILL E
191 OAK ST
ASHLAND OR 97520
PA-2010-00069 391 E09BA 12000
M J 0 JAMESTOWN
180 N PIONEER
ASHLAND OR 97520
PA-2010-00069 391 E09BB 12200
RIGOTTI GARY R TRUSTEE ET AL
12 PEBBLE CREEK DR
EAGLE POINT OR 97524
PA-2010-00069 391E09BB 12500
TERRILL DOUGLAS S/LESLlE A
196 WINDEMAR PL
ASHLAND OR 97520
175 N Pioneer St
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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 February 24, 2010 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 #2010-00069, 163
& 175 N Pioneer St.
\~tY
Signature of Employee
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PROJECT DESCRIPTION FOR
SICBELS DELICATESSEN LLC
175 N. PIONEER STREET
FORA
SITE REVIEW PERMIT
SUBMITIED TO
CITY OF ASHLAND PLANNING DEPARTMENT
ASHLAND, OREGON
SUBMITIED BY
DOUGLAS & LESLIE TERRILL - OWNERS
175 N. PIONEER STREET ASHLAND, OR 97520
JANUARY 21, 2010
PLANNING ACTION: The applicants are requesting a Site Review Permit to renovate 175 N. Pioneer Street into
a small family European Delicatessen.
OWNER:
Sichel's Delicatessen LLC - Douglas and Leslie Terrill 175 N. Pioneer Street AsWand, OR 97520
Tel: 541-482-1442
LAND USE PLANNING:
Douglas Terrill 196 Windemar Place AsWand, OR 97520
Tel: 541-482-1442
DESIGN:
Douglas Terrill 196 Windemar Place AsWand, OR 97520
Tel: 541-482-1442
COMPREHENSIVE PLAN DESIGNATION:
Commercial
ZONING DESIGNATION:
C-I
HISTORIC DISTRICT DESIGNATION:
Ashland Railroad District
LOT AREA:
.07 acres 13,187 square feet
BUILDING AREA:
Sichel's Delicatessen: 1,136 sq. ft.
PARKING:
Restaurants and similar uses: 1 parking space per 4 seats or 1 space per 100 sq. ft. of gross leasable floor area, whichever is
less.
APPLICABLE ORDINANCES:
Site Design & Use Standards, Chapter 18.72 Off-Street Parking, Chapter 18.92
ADJACENT ZONING/USE:
WEST:
C-1; Commercial
EAST:
C-1: Commercial
SOUTH:
R-2; Residential
NORTH:
C-1; Commercial
SUBJECT SITE: C-1; Commercial
Site: The subject property is located at 175 N. Pioneer Street, in the Ashland Historic Railroad District - between Towne
and Country Cleaners and DeLauny House Bed and Breakfast. This section of Pioneer Street, between Lithia Way and "A"
Streets, is commercially zoned with historic homes and buildings.
The site's building is a two story Arts & Crafts wood framed bungalow constructed in 1884. There is a shared detached
garage that is shared with 163 N. Pioneer, which is also owned by the applicant Douglas and Leslie Terrill.
Originally the building was built for Clarence and Rachel Bell as a rental house. It has been owned by Andrew and Evelynn
Bobbit for 50 years as their residence.
The site's only parking spaces are located in the driveway. No additional automobile parking exists and there is no bilre
parking on-site. There is however the Public Parking Lot located across the street at Lithia and Pioneer. This site was
imposed with a tax to help pay for that Public Parking lot.
Site's Zoning: The property is within the C-I zoning district (Chapter 18.32, Retail Commercial District), which is intended
to provide for a variety of uses such as professional office, restaurants, stores, shops, retail, manufacturing, nightclubs and
bars. As evidenced herein as well as the enclosed plan submittals, the applicant's contend the proposed development will be
in keeping with the types of uses listed above and will have a minimal impact on the surrounding uses.
Introduction: The applicants are requesting a Site Review Permit to convert the existing building into a European
Delicatessen. A Site Review Permit is required whenever the use of the site is changed to a more intensive use. In this case,
the applicants, Douglas and Leslie Terrill, desire to convert the space into a family European Delicatessen.
The interior space will be restored and the kitchen equipment upgraded to commercial. Litnited exterior changes are
proposed for the outside of the building, except for replacing concrete block porch posts with historical turned pillars.
There will be a historical paint scheme, cobblestone hard surface and landscaping.
Site Review Permit (AMC 18.72): In accordance with Chapter 18.72, the site will be upgraded to accommodate two bike
parking spaces where none exist today. The bike parking spaces will be located directly in the front the premis<:;s. The
applicants also propose to convert the backyard to a handicap parking space. There is also a on street parking space in front
of the site. We request that the existing 30 minute parking zone be extended East in front of this site. (NOTE: The sui?ject
building was constructed when parking was not an obligation as zoning codes in Ashland didn't exist until the 1960 's).
Required Parking - 1 parking space
Restaurant and similar uses.
1 per four seats or one per 100 sf. Of gross leasable floor area, whichever is less.
Proposed Seating - 4 seats.
(2) Commercial Buildings in the Historic District - AMC 18.92.055: There are many instances in Ashland where
contemporary parking standards conflict with historical sites and settings. These conflicts can range from
parking location, parking amount, parking surface treatment, etc. Individually or combined, they can quickly
degrade a site which often leads to degradation of a historic streetscape. Because of these conflicts and the
value the citizens of Ashland place on its historical resources, Section 18.92.055 of the Ashland Municipal
Code was adopted. This section reads as follows:
18.92.055 Variances/or Commercial Buildings in the Historic District: In order to preserve existing structures within the Ashland Historic
District, while permitting the redevelopment if properry to its highest commercial use, a variance if up to 50% if the required automobile parking
mqy be granted to commercial uses within the Ashland Histotic District as a 1)pe I Variance. It is the intent if this clause to provide as much
riffstreet parking as practical while preserving existing structures and allowing them to develop to their full commercial potential. AdditionallY, to
identijj redevelopment if existing commercial and residential buildings for commercial use within the Ashland Historic District as an exceptional
circumstance and unusual hardship for the purposes if granting a variance.
As stated above, it is the applicant's belief this section of code was written to provide a level of flexibility to commercial
buildings such as this one that can not meet modern day parking demands as it would require either demolition of the
building, demolition of a portion of the building or limit the use of the building where even permitted uses can not be
accommodated.
In the applicant's case, the proposal is for a European Delicatessen requiring a total of 1 parking space. Currently the
parking spaces are in the driveway. The applicant would like to put them behind the building to help circulation on site. In
order to accommodate this we will be requesting a demolition permit to remove the existing 360 sf. garage. This will allow
parking in back of Sichel's Delicatessen (175 N. Pioneer St.) and Intatto Coffee (163 N. Pioneer St.) which is also owned by
the applicant.
Bike Parking: The applicants are able to provide bike parking. In this case, two spaces would be required for the
delicatessen. A two-space bike rack will be placed just off the sidewalk in the front of the site. It will not be covered so not
to detract from the Historical structure.
Handicap Parking: Section 18.92.030 of the Ashland Municipal Code requires one handicap parking space for every 25
parking spaces. The applicant will be installing a handicap parking space behind the building. The sharing of handicap
parking space is an acceptable practice in Historic Districts and has been pre-approved by the Ashland Building Division.
Utilities: All utilities associated with the proposal are within the Pioneer Street right-of-way and already extend to the
building. The proposal will not create a need to increase the site's infrastructure. At no time during the proposal's pre-
application meeting and follow up correspondence with the various City departments was there any indication services were
unavailable to serve the proposed use. Finally, the applicants have addressed or will address at the time of the building
permit all code issues relating to the Ashland Fire and Building Departments.
FINDINGS OF FACT:
The following information has been provided by the applicants to help the Planning Staff, Planning Commission and
neighbors better understand the proposed project. In addition, the required findings iffact have been provided to ensure the
proposed project meets the criteria as outlined in the Ashland Municipal Code (AMC) Site Design & Use Standards
18.72.070.
For clarity reasons, the following documentation has been formatted in "outline"form with the City's approval criteria noted in BOW font and
the applicant's response in regular font. Also, there are a number of responses that are repeated in order to ensure that the findings of fact are
complete.
CHAPTER 18.72.070 SITE DESIGN & USE STANDARDS:
A. AIl applicable City Ordinances have been met or will be met by the proposed development.
To the applicant's knowledge all City regulations are or will be complied with.
B. All requirements of the Site Review Chapter have been met or will be met.
As noted below, all requirements listed in the Site Review Chapter (18.72) have or will be complied with.
C. The development complies with the Site Design Standards adopted by the City Council for
implementation of this Chapter.
The proposal complies with the Site Design Standards unless specifically noted as grandfathered.
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. AIl improvements in the street right-of-way shall comply with
the Street Standards in Chapter 18.88, Performance Standards Options.
All utilities associated with the proposal are within the Pioneer Street right-of-way and already extend to the building. The
proposal will not create a need to increase the site's infrastructure. At no time during the proposal's pre-application meeting
and follow-up correspondence with the various City departments was there any indication services were unavailable to serve
the proposed use. Finally, the applicants have addressed or will address at the time of the building permit all code issues
relating to the Ashland Fire and Building Departments.
Overall, the applicants have had multiple conversations with many of the site's neighbors and strongly believe a presence
such as a European Delicatessen with occasional outdoor seating will be a benefit to the Pioneer Street and downtown
Ashland. The new use will create a positive streets cape while preserving another historical building for the community and
providing jobs and taxes for the City of Ashland.
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DEMOLITION/RELOCATION
APPLICATION
Date Received ~ ZIt'lOlb
DESCRIPTION OF PROPERTY
Street Address ,7b N_ J>J~ ~r-_ ~ cnS2-0
Assessor's Map #39 IE OCfB5 Tax Lot(s) /;25' ty.::::J
Details of each structure to be QlJ Demolished / (] Relocated:
Commercial Building: Age ~___ Sq. Footage _
House: Age Sq. Footage
Carport/Garage: Age b 7 Sq. Footage '3W
Other (Describe) Age Sq. Footage
Square footage of impervious surface to be removed (including building. footprints):
Demo Pennit #
Fixture Count
(Contact Plumbing Inspector for Assistance)
APPLICANT E-Mail d s-h2:(o( I M e..>heh'V\A-1 L.. LcsrVJ
Name DenA~ ~~t.e.te ~IUJ Phone1f?>2-1442-
Address 17f:> IJ.. P/~ tSr City ~ zipcnS20
PROPERTY OWNER
Name T:/oU~ t:ua;L-ld~/.A..-- Phone4B2-144l-"
Address jqb ll/lJ\;(JeYvltf7L Dl~ City~ Zip e:r75Z0
I
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 further understand that if this request is subsequently contested, the burden will
be on me to establish: that I produced sufficient factual evidence at the hearing to support this request: that the findings of
fact furnished justifies the granting of the request; that the findings of fact furnished by me are adequate; and further, that
all structures or improvements are properly located on the ground. Failure in this regard will result most likely in not only
the request being set aside, but also possibly in my structures being built in reliance thereon being required to be removed
at my expense. If I have any doubts, I am advised to seek competent professional advice and assistance.
-.Jmu.. 21. 2010
Date
~
Applic
~ ---,
Own
O:'comm-dev\building\ Fonns'Oemo.Reloclllion Appliclllion Form.doc
II n.'2008
ZONING PERMIT APPLICATION
FILE# pfJ - c??O/O--{)IJ~tJ
Planning Department
51 Winburn Way, Ashland OR 97520
CITY OF
ASH LAN 0 541-488-5305 Fax 541-488-6006
DESCRIPTION OF PROJECT ~ GXl6TINb &A11A'J11V~ 111)'-,0 A Pel-'CA7e:~e}V
DESCRIPTION OF PROPERTY
Street Address
"7S" IV, PIOtV~ sr.
~H-l..-~O, O{2.JZ: (,,;,b/lJ Of7~2.o
,
Assessor's Map No. 39 1 E
Zoning G-ollltnJ ~t 111--
Tax Lot(s)
Comp Plan Designation
C-I
APPLICANT
Name OathUIJS1 ~~ 'Tb~U- Phone ~4j -482>- 1442 E-Mail
Address Jar h WINO/:;;YVJI/h?-, pUtL eJ City ~#I--/41l.J2
PROPERTY OWNER
Name 4l/a(~~ U;;!;LII~'~u'Phone 541-4'8Z-i44Z- E-Mail ds~~t\~\6+(YIAIL.._
L.c..---rYI
Address ,crt? tUnvOetl1h12- f~ City ~p Zip17S'Lo
SURVEYOR. ENGINEER. ARCHITECT. LANDSCAPE ARCHITECT. OTHER
ct stil'r~ \l~)ct-vYl~
,LoM
Zip Q76Lc::>
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 further understand that if this request is subsequently contested, the burden will be on me to
establish:
7) that I produced sufficient factual evidence at the hearing to support this request,'
2) that the findings of fact furnished justifies the granting ofthe request:
3) that the findings of fact furnished by me are adequate: and further
4) that all structures or improvements are property located on the ground
Failure in this regard will result most likely in not only the request being set aside, but also possibly in my structures being built in reliance thereon being required to
be re t exp se. If a m advised to seek competent professional advice and assistance.
....J1+7V.. ?-l :?oIO
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
ownC2/f ~~ -=:::> -JJIH./ U ;?DI D
Property ow;er's Signature (required) Date
ITo be completed by City staff]
Date Received ~ - ;;L \ ' \ 'D
Co fVU'V\
Zoning Permit Type I
~i~/~
Filing Fee $
q/7
Planning Action Type
OVER ~~
C.\DOCUME-l \hanksaILOCALS- l\TemplZoning Pennit Application Form.doc
Job Address:
Contractor:
Address:
Owner's Name: DOUGLAS & LESLIE TERRILL
Customer #: 05496
DOUGLAS & LESLIE TERRILL
Applicant: 163 N PIONEER ST
Address: ASHLAND OR 97520
Phone:
State Lie No:
City Lie No:
Phone: (541) 482-1442
Applied: 01121/2010
Issued:
Expires: 07/20/2010
Sub-Contractor:
Address:
Maplot:
DESCRIPTION:
Phone:
State Lie No:
391 E09BB 12500 City Lie No:
S{~ 0~00-/ r ~A: tCW~
COMMUNITY DEVELOPMENT
20 East Main SI.
Ashland, OR 97520
www.ashland.or.us
Tel: 541-488-5305
Fax: 541-488-5311
TTY: 800-735-2900
Inspection Request Line: 541-552-2080
CITY OF
ASHLAND