HomeMy WebLinkAboutChurch_44 (PA-2010-01379)
CITY OF
ASHLAND
November 12,2010
David & Patricia Sprague
99 N Main Street
Ashland, OR 97520
Notice of Final Decision
On November 10, 20 I 0, the Staff Advisor for the Ashland Planning Division administratively approved
your request for the following:
A request for a Modification to an existing Conditional Use Permit, and Variance for a 50 percent reduction in
required parking for a historic commercial property located at 44 Church St. COMPREHENSIVE PLAN
DESIGNATION: Downtown Commercial; ZONING: C-I-D; ASSESSOR'S MAP #: 39 IE 09BB; TAX LOT:
5501
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) and/or 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: Parties of record and property owners within 200 ft
DEPT. OF COMMUNITY DEVELOPMENT
20 E. Main Street
Ashland, Oregon 97520
www.ashland.or.us
Tel: 541488-5305
Fax: 541-552-2050
TTY: 800-735-2900
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ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: 2010-01379
SUBJECT PROPERTY: 44 Church St.
APPLICANT: David and Patricia Sprague
DESCRIPTION: A request for a Modification to an existing Conditional Use Permit,
and Variance for a 50 percent reduction in required parking for a historic commercial property.
COMPREHENSIVE PLAN DESIGNATION: Downtown Commercial;
ZONING: C-1-D; ASSESSOR'S MAP #: 39 IE 09BB; TAX LOT: 5501
SUBMITTAL DATE:
DEEMED COMPLETE DATE:
STAFF APPROVAL DATE:
FINAL DECISION DATE:
APPROVAL EXPIRATION DATE:
October 20,2010
October 25,2010
November 10,2010
November 24,2010
November 24,2011
DECISION
The subject property is located approximately 150 feet west of North Main Street, on the southside
of Church Street. According to Jackson County Assessor's office, the parcel is 4,219 square feet in
size and rectangular in shape. The lot relatively flat, with a slight downhill grade of three percent to
the northeast. There are two existing structures on the lot; the 1,375 square foot Historic-
Contributing "Coleman-Mulit House" (ID 481.0); a 2-story vernacular house build approximately in
1900, and small 240 square foot shed in the rear.
In 2002, the applicant was granted a Conditional Use Permit to convert the house into a one-unit,
hotel/motel. Because the property is zoned C-I-D, the proposed traveler's accommodation is
considered a "Motel" unit and not a "Bed & Breakfast". Under this type of use, the property owner or
their agent is not required to live on-site. However, a Conditional Use Permit is still required in order
to minimize potential impacts to the area, and to ensure that the use and site are maintained with
maximum integrity.
The Hotel/Motel use in the Downtown overlay is the only use that requires on-site parking. A one-
unit motel requires two parking spaces; one space for the guests and one manager's space. Due to the
fact that the existing house historically had only one space allocated for parking, the applicants
proposed to have the manager's space on a commonly owned adjoining lot at 99 North Main Street.
The property is in process of being sold, and the current owner does not wish to transfer to the
existing manager's parking space with the sale of the property. The applicant is requesting a variance
up to 50 percent of the required automobile parking due to the historical-contributing nature of the
house. Being a one-unit motel, the need for an on-site manager is not practical, and the guest and
manager will most likely never be at the house at the same time. Because ofthis, Staff believes that
the reduction of the required parking spaces will not only aid in relieving traffic in the area, but will
also help retain the historical nature of the property.
PA20 10-0 I 379
44 Church/MP
Page I
Considering the site's immediate proximity to the downtown, parks, shopping and other services,
vehicle trips will likely be less than a comparably sized residential unit. If this property were to
conform to city parking standards, the alteration to the site may require alterations to the historic
structure. At present, the one-unit motel accommodates all parking impacts on-site by alternating the
parking use of the guests and manger, thereby maintaining the impact of the historic use as a single
family home. Additionally the use as a hotel will retain the original architecture and the appearance
of a single-family residence. As the proposed use is seasonal, the impact on the existing City services
and infrastructure is also minimized.
In Conclusion, staff believes that the one-unit hotel/motel with one permitted off-street parking space
generates fewer impacts than would most permitted uses within the C-I-D zone, and furthers the
intent of the municipal code and Comprehensive Plan. Additionally the proposed use will have a low
impact upon the historic structure and surrounding neighborhood. Therefore staff approves the 50
percent reduction of required off-street parking spaces.
The criteria for approval of a Conditional Use Permit are as follows:
A. That the use would be in coriformance 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 followingfactors
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 factorsfound to be relevant by the Hearing Authority for review of the proposed
use.
The criteria for a Variance approval are as follows:
A. That there are unique or unusual circumstances which apply to this site which do not typically
apply elsewhere.
B. That the proposal's benefits will be greater than any negative impacts on the development of
the adjacent uses,' and will further the purpose and intent of this ordinance and the
Comprehensive Plan of the City. (ORD 2425, 1987).
C. That the circumstances or conditions have not been willfully or purposely selfimposed
(ORD 2775, 1996)
PA201O-01379
44 Church/MP
Page 2
Planning Action 2010-01379 is hereby approved with the following conditions:
1) That all proposals of the applicant shall be conditions of approval unless otherwise
modified here.
2) That all requirements of Planning Actions #93-114 and #2002-0104 shall remain in effect
3) That the new owners shall obtain a City of Ashland a business license for operation as a
motel/hotel.
4) If anyone or more of the following conditions are found not to be met, then approval for
Planning Action 2010-01379 shall become null and void.
/
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PA201O-01379
44 Church/MP
Page 3
ASHLAND HISTORIC COMMISSION
Type I - Recommendations to Staff Advisor
November 3, 2010
CITY OF
ASHLAND
PLANNING ACTION: 2010-01379
SUBJECT PROPERTY: 44 Church St.
APPLICANT: David and Patricia Sprauge
DESCRIPTION: A request for a Modification to an existing Conditional Use
Permit, and Variance for a 50 percent reduction in required parking for a historic
commercial property.
COMPREHENSIVE PLAN DESIGNATION: Downtown Commercial;
ZONING: C-1-D; ASSESSOR'S MAP #: 391E 09BB; TAX LOT: 5501
Commission Recommendations:
The Historic Commission has no concerns with the proposal and recommends that it be approved.
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Planning Department, 51 Winburn Way, Ashland, Oregon 97520
541-488-5305 Fax: 541-552-2050 www,ashland.or.us TTY: 1-800-735-2900
CITY OF
ASHLAN
NOTICE OF APPLICATION
PLANNING ACTION: 2010-01379
SUBJECT PROPERTY: 44 Church Street
OWNER/APPLICANT: David & Patricia Sprague
DESCRIPTION: A request for a Modification to an existing Conditional Use Permit, and Variance for a 50 percent
reduction in required parking for a historic commercial property located at 44 Church St. COMPREHENSIVE PLAN
DESIGNA TION: Downtown Commercial; ZONING: C-1-D; ASSESSOR'S MAP #: 39 1E 09BB; TAX LOT: 5501
NOTE: The Ashland Historic Commission will also review this Planning Action on November 3, 2010 at 6:00 PM in the
Community Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way.
NOTICE OF COMPLETE APPLICATION: October 26,2010
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: November 9, 2010
o 25 50
100 Feet
ProFHf-rly lines c:lTe for ~ftrf:nct!ll only, not scatt!llabtt!ll
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~urrounding properties within 200 feet of the property submitting application which allows for a 14 day comment period. After the
comment perioqand 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\planning\Templates\NOTICE OF COMPLETNESS - NEW.doc
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.
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, 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.
ADMINISTRATIVE VARIANCE FROM SITE DESIGN AND USE STANDARDS
18.72.090
An administrative variance to the requirements of this chapter may be granted with respect to the requirements of the Site Design Standards
adopted under section 18.72.080 if, on the basis of the application, investigation and evidence submitted, all of the following circumstances are
found to exist:
A. There is a demonstrable difficulty in meeting the specific requirements of the Site Design Standards due to a unique or unusual aspect of
the proposed use of a site;
S. Approval of the variance will not substantially negatively impact adjacent properties;
C. Approval of the variance is consistent with the stated purpose of the Site Design and Use Chapter; and
D. The variance requested is the minimum variance which would alleviate the difficulty.
G:lcomm-devlplanningITemplatesINOTICE 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 October 26, 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 #2010-01379, 44
Church Street.
G:lcomm-devlplanningIForms & HandoutslAffidavit of Mailing_Planning Action Notice.doc
Easy Peel@ Labels
Use Avery@ Template 5160@
PA-201 0-01379391 E09BB 6000
ABACUS NEVADA LIMITED
PARTNERSHIP
1237 RIVERSIDE AVE 26
MEDFORD OR 97501
PA-201 0-01379 391 E09BB 4500
CAPP BRUCE TRUSTEE ET AL
115 N MAIN ST
ASHLAND OR 97520
PA-201 0-01379 391 E09BB 9200
HAINES LLOYD M
96 MAl N ST 202
ASHLAND OR 97520
PA-201 0-01379391 E09BB 5100
OBERLIN ABE
9870 MT ASHLAND RD
ASHLAND OR 97520
PA-201 0-01379391 E09BB 5700
SCHAAF NED TRUSTEE
175 NEIL CREEK RD
ASHLAND OR 97520
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1120 PROSPECT ST
ASHLAND OR 97520
PA-201 0-01379 391 E09BB 4200
. COKER ELIZABETH H
295 ELK RIDGE LN
BOULDER CO 80302
PA-2010-01379 391E09BB 6200
KIERNAN-SMITH DIANE TRUSTEE ET AL
25 GRANITE ST
ASHLAND OR 97520
PA-201 0-01379 391 E09BB 5300
PAROWSKI ALAN P
92 CHURCH ST
ASHLAND OR 97520
PA-201 0-01379 391 E09BB 5501
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BERKELEY CA 94709
PA-201 0-01379 391 E09BB 5401
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14374 WYRICK AVE
SAN JOSE CA 95124
PA-201 0-01379 391 E09BB 5200
LOWE ROBERT B/TURTLE CANDACE M
776 KINGSTON AVE
PIEDMONT CA 94611
PA-2010-01379 391E09BB 6100
REITAN JOHN A TRUSTEE ET AL
PO BOX 2204
DAVIS CA 95617
PA-2010-01379
Urban Development Services
485 W Nevada St
Ashland, OR 97520
15
44 Church St
10-26-10
www.avery.com
1-800-GO-AVERY
PROJECT DESCRIPTION FOR
44 CHURCH STREET
FORA
CONDITIONAL USE PERMIT MODIFICATI6~~
PARKING VARIANCE
SUBMITTED TO
CITY OF ASHLAND PLANNING DEPARTMENT
ASHLAND, OREGON
SUBMITTED BY
URBAN DEVELOPMENT SERVICES, LLC.
485 W. NEVADA STREET
ASHLAND, OR 97520
1
I.
PROJECT INFORMATION:
PLANNING ACTION: The proposal is for a Conditional Use Permit modification and
Variance to the required number of parking spaces for the existing single-unit motel
located at 44 Church Street. The intent of this application is to not change the site's
approved use or alter the site's historic setting.
ADDRESS & LEGAL DESCRIPTION: 44 Church Street, 391E 09BB Tax Lot 5501
OWNER:
David & Patricia Sprague
99 North Main Street
Ashland, OR 97520
Tel: 541-944-7187
LAND USE PLANNING:
Urban Development Services, LLC
485 W. Nevada Street
Ashland, OR 97520
Tel: 541-482-3334
COMPREHENSIVE PLAN DESIGNATION & ZONING DESIGNATION:
Downtown & Downtown Commercial (C-1-D)
HISTORIC DISTRICT DESIGNATION:
Skidmore Academy District
LOT AREA:
.097 acres / 4,250 square feet
BUILDING AREA:
Primary Structure: 1,375 sq. ft. / Secondary Structure (shed): 240 sq. ft.
PARKING:
Residential (Single Family): 2 parking spaces per unit
Motel: 1 parking space per unit, plus one for manager's unit
Office: 1 parking space per 450 sq. ft.
Medical: 1 parking space per 350 sq. ft.
APPLICABLE ORDINANCES:
Conditional Use Permits, Chapter 18.104
Variances, Chapter 18.100
Off-Street Parking, Chapter 18.92
ADJACENT ZONINGIUSE:
EAST: C-1-D; Downtown Commercial
WEST: R-2; Low Density Multi-Family
NORTH: C-1; Commercial
SOUTH: R-2; Low Density Multi-Family
SUBJECT SITE: C-I-D; Downtown Commercial
2
H.
SITE DESCRIPTION:
Site: The subject property is located at 44 Church Street, in the Skidmore Academy
Historic District - approximately 150' south of North Main Street as illustrated below.
The property is zoned C-1-D (Downtown Commercial - no parking overlay) and is 50'
wide and 85' deep for a total of 4,250 square feet. The property is relatively level with a
slight slope to the north of approximately 3%. A single lane extends into the property
approximately 40' and serves a two story vernacular historic structure built in 1900.
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According to the City's National Register of Historic Places nomination forms (Site
#481.0) the structure, once a residence, is considered a Historic Contributing property.
The structure was obviously once a single-family residence and consisted of two-
bedrooms and 1,375 sq. ft. of living space. In 1993, the property received Site Review
Permit approval to convert the residence into a general office as the property was zoned
Commercial Downtown (C-1-D). Parking is not a requirement in the Downtown area
except for hotel/motels.
In 2002, the Ashland Planning Commission approved a request to convert the structure
into a single unit motel (Planning Action 2002-104) with the understanding the required
second parking space would be located on an adjacent property at 99 North Main Street.
3
Subject Site Outlined Above - Skidmore
Academy Historic District (left) &
Downtown Historic District (right)
Site is Outlined Above - R-2 Zoning (left)
& C-I-D (right)
Site's Zoning: The property is within the C-I-D zoning district (Chapter 18.32,
Commercial Retail District - with a Downtown Overlay) which is designed to stabilize,
improve and protect the characteristics of those areas providing commercial commodities
and services. As evidenced herein as well as the enclosed plan submittals, the applicant's
contend the proposed development will be in concert with the types of uses allowed in
the C-I-D zoning district and will have a minimal impact on the surrounding uses.
Further, because the site is within the Skidmore Academy Historic District as a Historic
Contributing structure, the applicants also contend the proposed use is in keeping with the
structures original use.
HI.
PROJECT DESCRIPTION:
Introduction: The applicants are requesting a proposal for a Conditional Use Permit
modification and Variance to the required number of parking spaces for the existing
single-unit motel located at 44 Church Street. The intent of this application is to not
change the site's approved use or alter the site's historic setting.
Conditional Use Permit (CUP): A CUP modification is being requested by the applicants
as the proposal is for a modification of an existing conditional use - a single unit motel
(Traveler's Accommodation) in the C-I-D zoning District. All motels or commercial
lodging accommodations in Ashland are subject to CUP criteria as outlined in Ashland
Municipal Code (AMC), Chapter 18.104 and procedures outlined in AMC 18.108.040
A.4.i. AMC Chapter 18.92.020 AA. requires one parking space per motel unit and one
for the manager. In this case, a total of two parking spaces are required - even though no
"manager" is ever intended to be on-site.
The applicants desire to apply for a parking Variance as permitted under AMC 18.92.055
4
which is a modification of the site's existing CUP (Planning Action 2002-104) as at the
time of the original CUP approval in 2002, the application included approval of one
parking space in the existing driveway and one parking space on the property located at
99 North Main Street. That parking space was provided through a lease agreement
between the property owners. The property is now selling and the property owners and
buyers desire to discontinue the parking lease arrangement. Therefore, the applicants are
proposing a CUP modification to Condition #4 of Planning Action 2001-104 and a
Variance to allow a 50% parking Variance, as described below, to provide one on-site
parking space instead of two parking spaces.
Variance: The applicants desire a Variance under AMC 18.92.055 which states:
18.92.055 Variances for Commercial Buildings in the Historic District: In order to
preserve existing structures within the Ashland Historic District, while permitting the
redevelopment of property to its highest commercial use, a variance of up to 50% of
the required automobile parking may be granted to commercial uses within the
Ashland Historic District as a Type I Variance. It is the intent of this clause to
provide as much off-street parking as practical while preserving existing structures
and allowing them to develop to their full commercial potential. Additionally, to
identify redevelopment of existing commercial and residential buildings for
commercial use within the Ashland Historic District as an exceptional circumstance
and unusual hardship for the purposes of granting a variance.
Overall, 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 historic site and/or street setting which often leads to degradation of a
historic streetscape. Further, without exception language such as found in 18.92.055,
unintended consequences are likely such as historic remodels, additions, demolitions, etc.
in order to simply meet modern parking codes. Because of these inherent conflicts and
the value the citizens of Ashland place on its historical resources, Section 18.92.055 of
the Ashland Municipal Code was adopted.
In the specific case for 44 Church Street, it is the applicant's and property owners belief
this section of code was written to provide a level of flexibility to historic commercial
buildings such as this one that can not meet modern day parking codes as it would require
either drastic changes to the site, 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.
Nevertheless, it should be understood that the applicants had, prior to the application's
submittal, completed some preliminary drawings and measurements to determine if a
second space could be accommodated on site. In all versions, it was obvious the site's or
the building's historic integrity would have been severely compromised and/or further
Variances would be required.
5
Finally, it's also important to understand that the use is pre-existing and although the
proposal requires a CUP modification, the use itself is not changing - just the number of
parking spaces allocated to the use is changing. Further, because the use is pre-existing
and has been in existence since 2002, the businesses operational characteristics are well
understood meaning that at no time during that period has the manager of the facility
been present for significant periods of time (Le., more than an hour) when the house has
been leased. In fact, a worst case scenario would be for the manager's car to "stack" (one
behind the other) with the understanding that he/she deal with their administrative issue
and leave the premises. Based on these factors and the intent to retain the site's original
integrity, the applicants believe the proposal meets the applicable criteria.
IV.
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 offact have been provided to ensure the proposed project meets the
Conditional Use Permit criteria as outlined in the Ashland Municipal Code, Section
18.104 and Variance as outlined in the Ashland Municipal Code, Section 18.100.
For clarity reasons, the following documentation has been formatted in "outline" form
with the City's approval criteria noted in BOLD 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.
18.104.020 Criteria for a Conditional Use Permit Approval (modification thereof):
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.
The use is already approved and is not changing other than the one space parking
Variance as described herein. The additional space is intended to be the manager's
parking space, but when one considers the obvious nature of a one unit motel, there is no
need for a manager's space in addition to the patron's space as both are not present at the
site at the same time as all cleaning services are provided before arrival and all
administrative details are provided off-site (internet payment, e-mail confirmation, e-mail
entry codes, etc.). Finally, to the best of the applicant's knowledge, the proposal
conforms to all standards within the zoning district and is in conformance with relevant
Comprehensive Plan policies.
B. That adequate capacity of City facilities for water, sewer, paved access to and
through the development, electricity, urban storm drainage, and adequate
6
transportation can and will be provided to and through the subject property.
Adequate capacity of City facilities for water, sewer, paved access to and through the
development, electricity, urban storm drainage, and adequate transportation can be
provided to and through the subject property. No exterior changes to the property or
utility upgrades are necessary to accommodate the proposal.
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.
The subject site's historic house and setting are existing and are not proposed to be
modified in any way. The application complies with the above standard.
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.
No additional traffic will occur on the surrounding streets greater than what already
occurs currently as the use of the property is not changing. Further, the existing use is far
less impacting to the surrounding streets than permitted uses such as offices or
commercial retail establishments. Finally, the central location of the property and the
general nature of travelers are to utilize alternative modes of transportation when visiting
the community as they typically walk more and drive less than tenants of permitted uses
- especially when located in central areas surrounded by a variety of services.
3. Architectural compatibility with the impact area.
Again, the subject site's historic house and setting are pre-existing and are not proposed
to be modified in any way. The application complies with the above standard.
4. Air quality, including the generation of dust, odors, or other environmental
pollutants.
There will be no impact on air quality - including the generation of dust, odors or other
environmental pollutants. As with the criteria noted above, the use is pre-existing and is
not intended to be modified other than a reduction of a single parking space. The
application complies with the above standard.
5. Generation of noise, light, and glare.
7
The subject site's historic house and setting are pre-existing and are not proposed to be
modified in any way.
6. The development of adjacent properties as envisioned in the Comprehensive Plan.
The proposed parking modification does not effect the potential development of adjacent
properties.
7. Other factors found to be relevant by the Hearing Authority for review of the
proposed use.
The applicant is not aware of other factors that may be of concern to staff or the hearing
authority. The applicants believe the proposal is consistent with past decisions regarding
the preservation of commercial historic structures.
18.100.020 - Criteria for a Variance (per AMC 18.92.055 - Commercial buildings in a
Historic District):
A. That there are unique or unusual circumstances which apply to this site which do
not typically apply elsewhere.
The subject site is unique as its building was constructed during a time when parking
regulations didn't exist (pre-zoning). Further, the property is now zoned C-I-D which has
no parking requirements - except for motels, hotels or hostels. In order to accommodate
parking for the use (existing), it would require either drastic changes to the site or partial
demolition of the building. Finally, within Section 18.92.055, it clearly states that
granting of a Variance for commercial buildings within a Historic District such as this
proposal "... is an exceptional circumstance and unusual hardship for the purposes of
granting a variance ".
B. That the proposal's benefits will be greater than any negative impacts on the
development of the adjacent uses; and will further the purpose and intent of this
ordinance and the Comprehensive Plan of the City.
The proposal's benefits will be greater than any negative impacts on the development of
the adjacent uses and will further the purpose and intent of the Land Use Ordinance and
the Comprehensive Plan for a variety of reasons. First, the building will continue to be
occupied by a use that is more inherent to the structure's historical purpose. Second, the
context of the building and the neighborhood to the south is predominately residential,
but with obvious commercial settings to the north which help facilitate the typical
accommodation needs for travelers. Finally, the only way to accommodate one additional
parking space is to either create a parking space in the front yard (between sidewalk and
structure), widen the driveway to accommodate two cars (creating a second Variance to
landscape buffering standards between property lines or to remove 4' of the structure's
front porch - none of which furthers the purpose and intent of the ordinance and the
8
Comprehensive Plan of the City.
Finally, there are a variety of goals and policies noted in Chapter VII of the
Comprehensive Plan that address economic policies that ensure a healthy and diverse
economy. These include policies I-I; 1-9; VII-2 c-l, c-5; and VII-5 which specifically
mention the importance of implementing land use laws that protect historic buildings and
sites that may be in conflict with other land use ordinances or to encourage the use of
historic resources to enhance the city's cultural vitality.
C. That the circumstances or conditions have not been willfully or purposely self-
imposed.
The circumstances with the site's parking deficiency or its building's historical nature as
a residence have not been willfully or purposefully self-imposed by the applicants. The
circumstances or conditions relating to this site were created over a century before when
the now historic resource was originally constructed.
Overall, the applicants believe the site's commercial zoning was likely a mistake as
"modem" commercial adaptations to historic residential structures - albeit parking
standards, signage demands, handicap modifications or building code upgrades, often
lead to alterations that compromise the integrity of the resource itself. On the other hand,
preservation of the structure and site's setting play an important role in not only retaining
the historic streetscape, but also a small portion of the community's culture and economic
base.
9
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David & Patricia Sprague-Applicants
Existing Structures Photos Pg 1 of 2
TAX LOT 5501
44 CHURCH (Subject Property)
~'-
TAX LOT 5501 (Subject Property)
Shed Behind House
David & Patricia Sprague-Applicants
Existing Structures Photos Pg 2 of 2
TAX LOT 5401
56 CHURCH (Adjacent R-2 Property)
TAX LOT 5500
40 CHURCH (Adjacent C-1D Property)
'--'
.......-
OMS Approval No. 1024-0018 (8-86)
NPS Form 10-900-A
United States Department of the Interior
National Park SelVice
National Register of Historic Places
Continuation Sheet
Section Number: .....1..- Page: I 75
Skidmore Academy Historic District, Ashland, OR
The Gillette-McConnell House is a large two-story vernacular volume with modest Classical Revival
detaiUng, notably the eave returns on the front-facing volume, probably built as an "I" form facing Main
Stret'!t. Augmented Arst by a ell extension to the north and a two-story porchl in more recent years the
house was again enlarged to the rear with an offset two-story volume that substantially enlarged the
dwelling. Although considerably larger, the addition is entirely subservient to the historic portions of
the house, offset to differentiate itselfl and does nOl; seriously'detract from the otherwise high integrity
in materials, setting, and feeling of the house. The Gillette-McConnell House, with strong association
to two of southern Oregon's earliest settlers, retains sufficient integrity to relate its period of
Construction.
480.0 Survey #'46
EDGINGTON, ROBERT HOUSE
56 CHURCH ST
1908
391E09BB 5401
Builder: [Bela ClHubbard & Son
Other: Vernacwar [Hipped-Roof Cottage] Historic Contributing
In May 1908 the Tidings reported that "R. p, Edgington is building a bungalow on Church Street on a
lot recently purchased from Mrs. M. L. Gillette. Hubbard and Son are the contractors." (Ashland
Tidings, ZI-May-I908, 1:6) The 1910 directory lists Robert P., Moore C. and Floyd B. Edgington an
living at this address. Edgington had sold the property in late 1909 and soon it was purchased by Mrs.
Bertha Hahn. "Mrs. Hahn, of the Ashland. House, has recently purchased of A. W. Cook the Edgington
bungalow on Church Street, a cozy home which she is already occupying." (Ashland Tidings, 23-Dec-
1909,5:1) The Hahns retained ownership until February.J921. (JCD 101:23) Later OWners include
Samuel and Marguerite Miller, who purchased the property in ]938. (lCD 219:309-10)
The Edgington House is a smat( single-story hipped-roof volume with a prominent hipped dormer center
over the centrally entrant porch. Non-origInal windows on the front ele\'ation, both narrow verticals and
a larger horizontal picture window, somewhat distract from the original character but overall the
dwelling retains suffident integrity to relate its period of construction.
481.0 Surwy#Ii45
COLEMAN.MULIT HOUSE _ 1900
44 CHURCH sf . 391E09BB S5()O
Other: Vernacular (Queen Anne Elements] Historic Contdbuting
John Coleman purchased this lot from G. W. Gillette in 1899 and soon thereafter the local newspaper
noted that "John Coleman will immediately build on his Church Street lot. He plans a substanti~l
residence and foundations are already underway," (Ashland Tidings, 22-Jun.] 899, 3:1) Coleman,
operated a canning plant in Ashland with his brother. He sold this house in 1904. In 1906 lioyd and
Gertrude Mulit purchased the property, which they retained as their residence until ]924.
The Coleman-MuHt House is a large two-story vernacular ell with a projecting front gable, accented by a
full-height projecting bay. Modest Queen-Anne detailing is evident in the complex form, eave bracketry
and the "pent" roof of the gable end, The house has been somewhat modified, most notably via the
~'d
~9688V8~V9
1l31S3 Il3St:! U01Ul318 !1JS48
d68:G~ O~ to lOa
NPS Form 1 0~900-A
OMS Approval No.1 024-0018 (8~86)
United States Department of the Interior
National Park Service
National Register of Historic Places
Continuation Sheet
Section Number: ---L- Page: 176
Skidmore Academy Historic District, Ashland, OR
installation of the a metal roof, apparently in the late 1980s, but nevertheless retains sufficient integrity
to relate its period of construction.
482.0 Survey #597
FREEBURG, W.A. HOUSE 1902c
19 GRANITE ST 391E09BB 6100
Other: Vernacular [Queen Anne Elements] Historic Contributing
William A. and Louisa Freeburg purchased this property, in March 1902 and probably began construction
of the dwelling immediately. (lCD 45:331) Freeburg, after a long career as a jeweler, settled in
Ashland in 1902 because of his health, and opened his own business. The family lived here until Mr.
Freeburg's death in 1916 although Louisa retained ownership at least through 1920. By 1949 the
property was owned by Milo P. and Earl L. O'Harra, presumably as arenta!. (lCD 246:412)
The Freeburg House is a complex one and one-half story volume including a central hipped-volume with
a gablet and projecting gable dormers. The front-facing volume is a gable-an-hipped, with a front facing
shingle-clad gable end. A entrant porch forms the main entry and a projecting bay window extends to
the north. The house retains original siding, detailing, glazing and other features. A compatible, but
non-historic, one and one-half story accessory dwelling is located to the rear, above the garage. The
Freeburg House retains substantial integrity and effectively relates the period of significance.
483.0 Survey #598
WAGNER, FRED DAY HOUSE 1900
25 GRANITE ST 391E09BB 6200
Other: Vernacular [L-House] Historic Contributing
Fred Day Wagner purchased this lot in 1900,and the following month the local paper reported that
"Preparations are being made to erect a six rOOm dwelling for F. D. Wagner at the northeast comer of
Granite and High streets." (Ashland Tidings, 6-Sept-1900, 3:3) In 19021 after Wagner's wife died, he
sold the property to his mother, Ellen Wagner, the widow of Ashland pioneer Jacob Wagner. Fred
Wagner eventually built a new house on Granite where he lived with his second wife. Ellen Wagner
continued to reside at 25 Granite for the ~emainder of ~er life. She died in 1929 and the property was
sold. Prior to 1943 the house .was purchased by W. J. and Edna Dougherty and was eventually
transferred to their daughter, Margaret Rush, who lived here for many years.
The Wagner House is an imposing two-story vernacular ell with a graceful front-facing gable volume and
a wraparound hipped porch that was added to the structure in the 19905 as a part of a major renovation
and addition. The addition, built of compatible materials and located in an offset volume to the rear, is
sufficiently subservient from the Granite Street elevation to allow the historic volume to retain its
original character. A second, separate, non-historic volume is located to the rear of the parcel.
Although expanded, the Wagner House retains sufficient integrity to relate its period of construction.
484.0 Survey #599
NELSON, PETER A. HOUSE
29 GRANITE ST
190111909
391E09BB 6300
ZONING PERMIT APPLICATION
Planning Division
51 Winburn Way, Ashland OR 97520
CITY OF
ASHLAND 541-488-5305 Fax 541-488-6006
FILE
DESCRIPTION OF PROJECT
Pursuing LEEO@ Certification? DYES D NO
DESCRIPTION OF PROPERTY
Street Address .LJ,Lj C~#1I /( ~';ff
Assessor's Map No. 39 1 E Cf( 'P)'5
Zoning (' \ ~ b
Tax Lot(s)t-),5 0 I
Comp Plan Designation
Phone
E-Mail
Address 9 q 10 }l( A ( 0
City
Zip vI!"
Address q q A-J. vl( A I fl) City
SURVEYOR, ENGINEER, ARCHITECT, LANDSCAPE ARCHITECT, OTHER
Title Name Phone E-Mail
Address City Zip
Title Name Phone E-Mail
Address City Zip
I hereby cerlify 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 properly 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 furnished 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 built in reliance thereon being required to
C;jve4pens.e. I..f....lhave any doubts, I am advised to seek competent professional advice and assistance.
r c:' e::-- 'd..
/ ~~ . 2~Y_ I
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
Date
[To be completed by City Staff]
Date Received
Zoning Permit Type
Filing Fee
OVER ~~
C:\Documents and Settings\lucasa\Desktop\Zoning Pennit Application.doc
Owner's Name: SPRAGUE PATRICIA/DAVID E Phone:
Customer #: 05931 State Lie No:
SPRAGUE PATRICINDAVID E City Lie No:
Applicant: 99 NORTH MAIN ST
Address: ASHLAND OR 97520
Sub-Contractor:
Phone: (541) 944-7187 Address:
Applied: 10/20/2010
Issued:
Expires: 04/18/2011 Phone:
State Lie No:
Maplot: 391 E09BB5501 City Lie No:
DESCRIPTION: Modification to existing Conditional Use permit
COMMUNITY DEVELOPMENT
20 East Main St-
Ashland, OR 97520
www.ashland.OLUS
Tel: 541-488-5305
Fax: 541-488-5311
TTY: 800-735-2900
Inspection Request Line: 541-552-2080
CITY OF
ASHLAND