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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 ~;., 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. / II J,D /~I 0 Da~ ~ 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. o .- o ~ ~ .- .- o .- o ~ ~ .- .- o .- o ~ ~ .- .- o .- o ~ ~ .- .- Q) ~ en ~ ~ :J ~ () -.t -.t 0> I'- ('i) .- o I o .- o N <i: (L o T"" o ~ ~ T"" T"" o T"" o ~ ~ T"" T"" o T"" o ~ ~ T"" T"" o T"" o ~ ~ T"" T"" - Q) Q) L.. U5 .c o L.. :J .c () "<t "<t 0> t- C') T"" o J o T"" o N c:l: a. o .... o ~ ~ .... .... o .... o ~ ~ .... .... o .... o ~ ~ .... .... o .... o ~ ~ .... .... - Q) Q) l- - (/) .c e :J .c () '<t '<t (j) t- (") .... o I o .... o C\I 4: 0.. 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 Etiquettes faciles a peler IltiliC"'7 I", N:>h:>.it A\lI=RV@ P;;1fiO@ i I I A I Bend along line to I expose Pop-Up Edge™ l &. reed Paper - PA-201 0-01379391 E09BB 4700 BARD'S INN LIMITED PTNSHIP 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 SPRAGUE PATRICIA/DAVID E POBOX 1258 ASHLAND OR 97520 A Sens de I Repliez a la hachure af!n de : rpvpler Ie rebord POO-UOTM ! ~ AVERY@ 5160@ 1 PA-201 0-01379 391 E09BB 4901 BISCHOF NORBERT S TRUSTEE 468 MICHIGAN AVE BERKELEY CA 94709 PA-201 0-01379 391 E09BB 5401 FULLER MICHAEUJOANNA 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. i"'lt,,.!t'i~ 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 ~~~ '0 ? ~Cb ~~ .'" '( <9 r;; '0 01:: 1:~ <)":/ O~\ N~ NO )>0 n .<(,~ "CO \ \ ~ () (J) o~ w""" 0)0 )>0 n ->. 01 tv v.> ~ , \. ,- \. ,- '. V f;; 'f, ~ ~~ ST. "'0 ;;a ->. o I.Oj k' ~ <8' I '7 ~!~ . J:.. en I ~ o 1'0 e5~ )>0 no o~ . 0 ~O )>0 nO o~ . 0 ~(X) ..~)> g ---- --- OJ ---- --- --- b 60 " .On / Vi 00 '. . '. ~ ~ ) ~ } }. I . ~ }. , , I }. , } I }. , , I l , l I }. S , } l , , I }. , I I }. 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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