HomeMy WebLinkAboutN Main_304_PA-2011-00251
CITY OF
ASHLAN
April 25,2011
Minute Market
610 E Main St
Ashland OR 97504
Notice of Final Decision
On April 22,2011, the Staff Advisor for the Ashland Planning Division administratively approved your
request for the following:
PLANNING ACTION: 2011-00251
SUBJECT PROPERTY: 304 N. Main St,
APPLICANT: Pat Kirkpatrick
DESCRIPTION: A request for a Sign Variance to bring an existing non-conforming pole sign closer
into conformity with sign code regulations located at 304 North Main Street. COMPREHENSIVE
PLAN DESIGNATION: Low-Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP :
39 1E 05DD; TAX LOT: 700
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 afFinal 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: Kirkpatrick Real Estate LLC
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: 541-488-5305
Fax: 541-552-2050
TTY: 800-735-2900
ASHLAND PLANNING DIVISION
FINDINGS & ORDERS
PLANNING ACTION: 2011-00251
SUBJECT PROPERTY: 304 North Main
APPLICANT: Pat Kirkpatrick
DESCRIPTION: A request for a Sign Variance to bring a non-conforming sign
closer into conformity with residential sign standards.
COMPREHENSIVE PLAN DESIGNATION: Low-Density Multi Family;
ZONING: R-2; ASSESSOR'S MAP : 39 IE 05DD; TAX LOT: 700
SUBMITTAL DATE:
DEEMED COMPLETE DATE:
STAFF APPROVAL DATE:
APPEAL DEADLINE:
FINAL DECISION DATE:
APPROVAL EXPIRATION DATE:
March 4, 2011
March 24,2011
April 22, 2011
April 25, 2011
May 4,2011
May 5, 2012
DECISION
The subject property is located at the north corner of North Main and Skidmore Streets, and is
within the Skidmore Academy Historic District. The property and surrounding uses to the south
and west are zoned R-2, Low Density Multi-Family Residential, while the properties to the north
and east are zoned R-3, High Density Multi-Family. The parcel is a approximately 15,000 square
feet in size, trapezoidal in shape, and has an average of slope 3.7 percent to the northeast.
The property contains a 3,600 square feet commercial building likely constructed in the early
1960s. The Ashland historic survey indicated that the property has long been a commercial use,
notably the Peoples Market in 1948, Minute Market, a locally owned chain of convenience
stores, has been at this location for more than 40 years, and the survey document continues to
say, "While not architecturally compatible, the Minute Market continues the commercial
tradition at this location". The parcel is almost entirely paved with very little landscaping on site.
Existing street improvements include paving, curbs, gutters, and curbside sidewalks along both
frontages of the property.
Although a commercial use has been present at this location for more than 60 years, the parcel is
zoned R-2, Low-Density Multi Family, and therefore is considered a non-conforming use. The
current sign is 100 square feet in size, over 21 feet tall, and placed approximately 4 feet from the
property line. The sign was originally internally illuminated with ballasts and tube lamps, and
had five rows of flashing neon lights directing customers to the store.
The applicant has indicated that due to the age of the sign, and the loss of structural integrity, it is
not feasible to repair the existing sign and has become a liability for the business. The internal
supporting structure has broken and is too thin and rusty to grind down and re-weld, The outer
PA #2011-00251
304 N. Main St./MP
Page 1
sheet metal has also rusted, and the fastening holes have become too weak to re- fasten to the
cabinet. Moreover, the original functioning parts, (eg. neon, lamps, etc.) are expensive to replace
and not in accordance with current sign regulations for the historic residential zone.
The Historic Commission at their April 6th, 2011 meeting expressed that they would like to see
that applicant pursue listing the sign as a Historic Sign, although they understood the need for
replacement due to cost, function, and liability.
Residential sign regulations requires that signs be no more than 5 feet in overall height, a
maximum of 15 square feet, and setback 10 feet from the property line. The request is to erect a
new sign at this location that will come closer into conformity with sign standards of the
residential zoning district. The proposed sign will be 17 square feet in size, have an overall
height of five feet, and will remain 4 feet from the property boundary.
The applicant is proposing to use a vinyl adhesive to be the advertising graphic for the new sign,
Staff has raised concerns whether vinyl is inherently a plastic material, and therefore inconsistent
with the requirement that "No signs which use plastic as part of the, exterior visual effect or are
internally illuminated in the Historic District. . ., or in any residential districts shall be permitted"
(AMC 18.96.040,J). The applicant stated that the colors and text shown in sign graphic will be
individually applied just as if it were painted, and not to be a single adhesive "sticker". They also
commented that the vinyl material is more durable to weathering and is more environmentally
friendly than paint. Staff and the Historic and Pla'nning Commissions may wish to revisit this
issue in the future, as it would relate to future signs in Ashland's historic districts.
The approval criteria for a Variance is that there are unique and unusual circumstances that do
not typically apply elsewhere, that the benefits would outweigh the negative impacts and
approval would further the purpose of the code, and that the circumstance has not been self-
imposed. The applicant's [mdings state that since the property is a residentially zoned historic
district, meeting code requirements to fit the needs of a commercial use is difficult, and not cost
effective for a common marketing design for all Minute Market Locations. Staff believes that the
unique circumstance is that the parcel is residentially zoned despite the long continued
commercial use, and that the circumstance is not self-imposed since the use has been in place
before zoning was established. The benefit of the applicant's proposal is that the sign is coming
much closer into conformity with the residential sign regulations. The proposed sign will meet
the overall height requirement for signs in all zoning districts, and is within two square feet of the
overall size requirement for residential signs, The placement is to remain due to its proximity
within the parking lot and not to be a hazard to parking vehicles, Therefore, a sign variance to
erect a new sign is approved.
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Criteria for a VARIANCE is as follows fAMC 18.100);
The owner or his agent may make application with the Staff Advisor. Such application shall be
accompanied by a legal description of the property and plans and elevations necessary to show
the proposed development, Also to be included with such application shall be a statement and
evidence showing that all of the following circumstances exist:
PA #2011-00251
304 N. Main SUMP
Page 2
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 self-imposed.
(ORD 2775, 1996)
The application with the attached conditions complies with all applicable City ordinances,
Planning Action 2011-00027 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 2011-00027 is denied. The following are the conditions and they are attached to
the approval:
1) That all proposals of the applicant shall be conditions of approval unless otherwise modified
here.
2) That before installation, a separate sign permit shall be obtained.
3) That the plans submitted for the building permit shall be in conformance with those approved
as part of this application. If the plans submitted for the sign permit are not in conformance
with those approved as part of this application, an application to modify the current Variance
approvals shall be submitted and approved prior to issuance of a sign permit.
4) Signs shall not use plastic as part of the exterior visual effect and shall not be internally
illuminated.
5) That~ll necessary building permits shall be obtained be paid prior to installation of the new
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SIgn, /
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ffill Molnar, Director
\o~E~J:l1~E-t6f Community Development
4: 2 't. 2,01 l
Date
PA #2011-00028
JMP
J:'age 3
,JPA-2011-00251 391E05DD 1100 PA-2011-00251 391 E05DD 2800 PA-2011-00251 391E04CC 12400
ALEXANDER KEVIN ET AL BRIAN AARON M BRISCOE JAMES CHRISTOPHER
832 30TH 307 MAIN ST 287 4TH ST
SEATTLE WA 98122 ASHLAND OR 97520 ASHLAND OR 97520
lA-2011-00251391E04CC 80004 PA-2011-00251 391 E05DD 9300 PA-2011-00251 391 E05DD 3000
", BROWN JOSH CARPENTER CHRISTINE CIPES PETER LAWRENCE TRUSTEE ET
248 VAN NESS AVE 290 VAN NESS AVE 317 MAIN ST
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2011-00251 391 E05DD 900 PA-2011-00251 391 E05DD 9400 PA-2011-00251 391E05DD 101
j CORNWALL HARRY J TRUSTEE DE SALVO MICHAEL FRANCIS FADDEN DAVID W
900 YOSEMITE LN III/REBECCA 326 N MAIN ST
LINCOLN CA 95648 292 VAN NESS AVE ASHLAND OR 97520
ASHLAND OR 97510
PA-2011-00251 391 E05DD 3201 PA-2011-00251 391 E05DD 2900 PA-2011-00251 391 E05DD 2300
JFEDERAL NATIONAL MORTGAGE GALLOWAY GLENN O/lMELDA 0 HAYDEN KASEY ET AL
ASSOCIATION 311 MAIN ST 224 CENTRAL ST
13455 NOEL RD ASHLAND OR 97520 ASHLAND OR 97520
DALLAS TX 75240
PA-2011-00251 391 E05DD 1000 PA-2011-00251 391 E05DD 9100 PA-2011-00251 391 E05DD 600
HERNANDEZ PETER HOFER DENNIS/DEBORAH HOLLENBECK ANORA
1002 ROGUE DR 1326 WOODLAND DR 195 SKIDMORE
GRANTS PASS OR 97526 ASHLAND OR 97520 ASHLAND OR 97520
PA-2011-00251 391E05DD 700 P A-20 11-00251 391 E04CC 10600 PA-2011-00251 391 E04CC 80003
KIRKPATRICK REAL ESTATE LLC LAURSEN ERIC TRUSTEE ET AL LEIGH ERICA ET AL
610 E MAIN 46 UNION ST 410 NORVELL ST
MEDFORD OR 97504 ASHLAND OR 97520 EL CERRITO CA 94530
PA-2011-00251 391E05DD 3100 PA-2011-00251 391 E05DD 9200 PA-2011-00251 391 E05DD 2400
NEWCOMBE PAMELA G ROGERS WANDA ENID SCHAFFER SUSAN L
15889 HWY 66 276 VAN NESS AVE 700 HELMAN ST
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2011-00251391E04CC 10500 PA-2011-00251 391 E05DD 401 PA-2011-00251 391 E05DD 2700
SMD ASHLAND LLC ET AL THOMMES MARTIN J TRUSTEE THORNTON RICHARD H OF THE
484 EUCLID ST 549 AUBURN ST 490 THORNTON WAY
ASHLAND OR 97520 ASHLAND OR 97520 ASHLAND OR 97520
PA-2011-00251 391 E04CC 12300 PA-2011-00251 391E05DD 1200 PA-2011-00251
TOBIASSON JOSEPH N/TOBIASSON WITEMBERG NATHAN // Ian Horlacher, Development Review Planner
MARILYN J 245 VAN NESS AVE ODOT Region 3, District 8
3055 HWY 66 ASHLAND OR 97520 100 Antelope Rd
ASHLAND OR 97520 White City, OR 97503-1674
PA-2011-00251 PA-2011-00251 4-21-11 NOD
Rogue Valley Transportation District
Rogue Valley Council of Governments ATTN: Paige Townsend 304 N Main
PO Box 3275
Central Point, OR 97502 3200 Crater Lake Ave
Medford, OR 97504-9075
Zimbra
Page 1 of 1
Zimbra
pinam@ashland,or.u:
.:t Font size:
RE: Minute Market # 5 Sign
From: Pat Kirkpatrick <patk@mlnutemarketnet>
Subject: RE: Minute Market # 5 Sign
To: michael pina <michael.pina@ashland.or.us>
Wed, Mar 23, 2011 08:52 AM
Good Morning and thank you for your reply and explanation. I will trust you to do whatever It takes to get me some sort of sign approved at Minute Market #5. I just want to get this
done and behind
me. Again, thank you for your help! Pat Kirkpatrick
-----Original Message-_m
From: Michaei Pina [mallto:pinam@ashland.or.us]
Sent: Tuesday, March 22, 2011 5:53 PM
To: Pat Kirkpatrick
SUbject: Re: Minute Market # 5 Sign
Pat,
Thank you for your response and I hear your frustration. Please allow me to clarify my previous statement
In most cases, when a non-conforming sign is altered or replaced, the sign has to conform to the same provisions required for a new sign In that zoning district. The maximum allowed
sign in a residential
district Is 5 feet In overall height, 15 square feet of area, and at least 10 feet from the property line (18.96.070.B.2). Similarly, while more square footage Is allowed for signs in
a commerdai zone, the
maximum overall height of ground signs in a commerciai zone is also limited to 5 ft. in overall height (18,96.090.B.2). The only exception Is for signs within the freeway overlay zone
Immediately around
exit 14.
Ashland Municipal Code 18.96.130.D allows Variances to be granted for the replacement of a non-conforming sign "to alleviate unusual hardships or extraordinary circumstances which exist
in bringing
nonconforming signs into conformity", and this section requires that the variance be "the minimum required to alleviate the hardShip or extraordinary circumstance,"
In your case, your parcei is zoned residential with a non-conforming use that has been in existence for more than four decades. The question for us Is:
1. What are the hardships or extraordinary circumstances that warrant a replacement sign that cannot come Into conformity with the underlying zone of the property?
2. What is the minimum variation from the standard height, size, and placement requirements that can be approved to deal with the hardship?
Your request Is for a sign that Is 40% higher than Is allowed for a new sign In both the residential and commercial zoning districts, 46% larger than a new sign for a commercial use
in the residential
zoning district, and requires a ?% reduction in the required setback from the front property line. Is this the minimum required to alleviate the extraordinary circumstance? I would think
that due to the
exiting parking lot configuration, pushing the sign back 10 feet Is not a feasible option; however a case would need to be made for the other two standards.
By requesting that the height be brought to 5 feet, is in staff's view, would be more easily justifiable as it would be in line with the standard sign requirements for both residential
and commercial ground
signs; while we would accept the Increased size and placement as recognition of your non-conforming use. This could be approved as a Type I Planning Action. However, If staff feels that
the proposal
does not meet the variance criteria (18.100.020), a public hearing would be scheduled at the Planning Commission so the appointed body can make the decision (18.108.040A7).
I apologize for the delayed response and take responsibility for not communicating the non-conforming sign variance approvai criteria. If you have further questions, please don't hesitate
to contact me.
Thanks again.
----- Original Message m__
From: "Pat Kirkpatrick" <patk@minutemarketnet>
To: "mlchaei pina" <michael.plna@ashland.or.us>
Sent: Tuesday, March 22. 2011 8:42:04 AM
Subject: Minute Market # 5 Sign
Good Morning Michael. I got your phone message yesterday and yes I got your E-Mail but I wanted to walt until I could calm down before answering either. By that I mean this. When we
first met and
agreed with all parties involved that we were conceding a lot with the original Idea of a new sign VS. the old sign. Remember how many square feet iess we are getting in the new sign?
Maybe the
concept of a sign is lost with Ashland Planning Department
A Sign Is to draw attention to ones business in order to attract customers to shop with you. And the idea of making a sign so small and inconspicuous so as not to be seen is counter
to that idea. If you
insist on a sign height of only five feet in this location, the result will be that if there is a car parked on either side than your sign will not be seen. Most cars and certainly trucks
are taller than five feet
tall.
May I remind Ashland Planning that In tOday's economic climate any negative impact to a business is detrimental to the ability to stay in business and keep people employed. Even our
own President of
The United States says small business is the backbone of America.
He goes on to say that we in America need to help small business because they create more jobs than anyone else.
Forgive me for going on but I am getting a little frustrated. I was told that we could come to a joint decision over this sign that would be a win, win for both sides. At this time it
looks pretty one sided
and not in my favor. Thanks Pat Kirkpatrick
Michael Pilia, Assistant Planner
City of Ashland, Planning Division
20 East Main St, Ashland Oregon 97520
michael.pina@ashiand.or.us
DESK: 541.552.2052
FAX: 541.488-6006
TTY: 1-800-735-2900
This email transmission is official business of the City of Ashland, and it is subject to Oregon Public Records law for disclosure and retention. If you have received this message in
error, please contact me
at 541.552.2052. Thank you.
https://zimbra,ashland.or. us/zimbra/h/printmessage ?id=6802
4/11/2011
NPS Form 10-900-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: ~ Page: 66
Skidmore Academy Historic District, Ashland, OR
of Van Ness and Main Street, the dwelling offers frontages to both streets, Partially re-sided and
currently roofed with a red standing seam metal, the Ganiard House is somewhat compromised but
retains esse . integrity to its design at the early part of the 20th century.
1972c
391E05DD 401
Builder: Toney, Ervin
Non-Historic, Non-Contributing
177.0
8-UNIT APARTMENTS
320 MAIN ST N
Modern Period: Contemporary
This two-story gable volume contains 8 a ent units and was c
purchase of the property by local actor/developer Ervin Toney.
1890c
391E05DD 600
Istoric Non-Contributing
The 1890 birdseye view 0 an one-story vernacular dwelling at this corner in
roughly the same co . t volume, which may incorporate some portion of that
earlier dwel" oor, possibly ilt following a fire or other damage. County assessor records
date the ropertyat 1890. The site was 0 and occupied by John F, and LaVerne Barger in the
1950s. (JCD 331 :351) At present, the single-sto olume has been substantially altered with applied
siding, aluminum slider windows and bears little conne
179.0
MINUTE MARKET 1960c
304 MAIN ST N 391E05DD 700
Modern Period: Highway Commercial Non-Historic, Contributing
This corner location has long been occupied by small commercial uses, notably the People's Market,
listed at this site in 1948 and surviving under that name at least through 1964. The present building,
dated at 1960 by the assessor but probably slightly later, is a single-slope roof, single-story commercial
volume, and has been occupied by Minute Market, a locally-owned chain of convenience stores for more
than three decades, While not compatible architecturally, Minute Market continues the commercial
tradition at this location,
"
Planning Department, 51 Winbl1" ,ay, Ashland, Oregon 97520
541-488-5305 Fax: 541-552-2050 www.ashland.or.us TTY: 1-800-735-2900
CITY Of
AS LAN
NOTICE OF APPLICATION
PLANNING ACTION: 2011-00251
SUBJECT PROPERTY: 304 N. Main St.
APPLICANT: Pat Kirkpatrick
DESCRIPTION: A request for a Sign Variance to bring an existing non-conforming pole sign closer into
conformity with sign code regulations located at 304 North Main Street. COMPREHENSIVE PLAN
DESIGNATION: Low-Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP: 39 IE 05DD;TAX
LOT: 700
NOTE: The Ashland Historic Commission will also review this Planning Action on April 6, 2011 at 6:00 PM in the Community
Development and Engineering Services building (Siskiyou Room), located at 51 Winburn Way,
NOTICE OF COMPLETE APPLICATION: March 24,2011
DEADLINE FOR SUBMISSION OF WRITTEN COMMENTS: Apri/7, 2011
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:lcomm.devlplanninglNotices Mailed\2011\2011-00251.doc
VARIANCE
18.100.020 Application
The owner or his agent may make application with the Staff Advisor. Such application shall be accompanied by a legal description of the property and plans
and elevations necessary to show the proposed development. Also to be included with such application shall be a statement and evidence showing that all of
the following circumstances exist:
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 self-imposed.
(ORD 2775,1996)
G:lcomm-devlplanning\Notices Mailed\2011\2011-00251.doc
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WOJ',u9Ae'MMM
PA-2011-00251 391E05DD 1100
ALEXANDER KEVIN ET AL
832 30TH
SEATTLE WA 98122
PA-2011-00251 391 E04CC 80004
BROWN JOSH
248 VAN NESS AVE
ASHLAND OR 97520
PA-2011-00251391E05DD 900
CORNWALL HARRY J TRUSTEE
900 YOSEMITE LN
LINCOLN CA 95648
PA-2011-00251 391 E05DD 3201
FEDERAL NATIONAL MORTGAGE
ASSOCIATION
13455 NOEL RD
DALLAS TX 75240
PA-2011-00251 391E05DD 1000
HERNANDEZ PETER
1002 ROGUE DR
GRANTS PASS OR 97526
PA-2011-00251 391 E05DD 700
KIRKPATRICK REAL ESTATE LLC
610 E MAIN
MEDFORD OR 97504
PA-2011-00251 391 E05DD 3100
NEWCOMBE PAMELA G
15889 HWY 66
ASHLAND OR 97520
PA-2011-00251391E04CC 10500
SMD ASHLAND LLC ET AL
484 EUCLID ST
ASHLAND OR 97520
PA-2011-00251391E04CC 12300
TOBIASSON JOSEPH N/TOBIASSON
MARILYN J
3055 HWY 66
ASHLAND OR 97520
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BRIAN AARON M
307 MAIN ST
ASHLAND OR 97520
PA-2011-00251 391 E05DD 9300
CARPENTER CHRISTINE
290 VAN NESS AVE
ASHLAND OR 97520
PA-2011-00251 391 E05DD 9400
DE SALVO MICHAEL FRANCIS
III/REBECCA
292 VAN NESS AVE
ASHLAND OR 97510
PA-2011-00251 391 E05DD 2900
GALLOWAY GLENN O/IMELDA D
311 MAIN ST
ASHLAND OR 97520
PA-2011-00251 391E05DD 9100
HOFER DENNIS/DEBORAH
1326 WOODLAND DR
ASHLAND OR 97520
PA-2011-00251391E04CC 10600
LAURSEN ERIC TRUSTEE ET AL
46 UNION ST
ASHLAND OR 97520
PA-2011-00251 391 E05DD 9200
ROGERS WANDA ENID
276 VAN NESS AVE
ASHLAND OR 97520
PA-2011-00251 391 E05DD 401
THOMMES MARTIN J TRUSTEE
549 AUBURN ST
ASHLAND OR 97520
PA-2011-00251391E05DD 1200
WITEMBERG NATHAN
245 VAN NESS AVE
ASHLAND OR 97520
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BRISCOE JAMES CHRISTOPHER
287 4TH ST
ASHLAND OR 97520
PA-2011-00251 391 E05DD 3000
CIPES PETER LAWRENCE TRUSTEE ET
317 MAIN ST
ASHLAND OR 97520
PA-2011-00251 391E05DD 101
FADDEN DAVID W
326 N MAIN ST
ASHLAND OR 97520
PA-2011-00251 391E05DD 2300
HAYDEN KASEY ET AL
224 CENTRAL ST '
ASHLAND OR 97520
PA-2011-00251 391 E05DD 600
HOLLENBECK ANDRA
195 SKIDMORE
ASHLAND OR 97520
PA-2011-00251 391 E04CC 80003
LEIGH ERICA ET AL
410 NORVELL ST
EL CERRITO CA 94530
PA-2011-00251 391 E05DD 2400
SCHAFFER SUSAN L
700 HELMAN ST
ASHLAND OR 97520
PA-2011-00251 391 E05DD 2700
THORNTON RICHARD H OF THE
490 THORNTON WAY
ASHLAND OR 97520
26
3-23-11 NOC
304 N Main
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JACKSON
COUNTY
oregon
This map Is based on a dlgllal database
compiled by Jackson County From a variety
of sources. Jackson County cannot accept
responslbily for errors, omissions, or
positional accuracy, There are no
warranties, expressed or Implied.
Created with MapMaker Map created on 3/2212011 3:59:36 PM using web.]acksoncounty.org
@ Pleass recycle with colored office grade paper
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 March 24, 2011 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 #2011-00251,304 N Main St.
G:lcomm-devlplanningIForms & HandoutslAffidavit of Mailing_Planning Action Notice.doc
March 3, 2011
City of Ashland
Planning Division
51 Winburn Way
Ashland, Oregon 97520
Weare seeking an approval from the City of Ashland for a variance to the sign codes
required at our Minute Market #5 located at 304 North Main Street, Ashland, Oregon
97520,
The request is unique to this property because of the fact that it is zoned residential but
has been used as commercial for over forty years. There has been a small grocery store
on this corner for over four decades with a sign that is out of compliance by today's
standards. Additionally, to complicate matters even more the property has been
designated by the City as being in a Historical District.
The Historical Commission has shown some interest in our ability to use the original sign
in order to maintain the historical value. When this sign was originally designed it had the
appearance of an arrow pointing down hill to the market below, It was internally
illuminated with ballasts and tube lamps, The exterior had painted on it Minute Market.
Additionally it had five rows of vertical neon tubes in a bright red color. On both sides of
the sign the neon would flash in a series of on and offblinlcing so as to appear that you
were being directed to the store,
Over the years the City of Ashland no longer allowed neon use in signage for Historical
Districts, The neon was then removed from the sign and only the internal lighting was
maintained for the sign. Most recently the sign was ran into by a customer vehicle
damaging it beyond repair and prompting the need for a replacement sign. Because
today's standards do not allow neon lighting or internal illumination lighting we are
requesting that we be allowed to put in place a new sign,
Additionally we have been told by Blaze Signs of America, " Dan Post" who does our
sign maintenance and repairs, the following reasons why the existing sign cannot be
saved. Internal angle iron structure has been broken apmi and is too thin and rusty to
grind down and re-weld, The sheet metal skin has rusted to the point that it can no longer
be worked with. It has (26) 1-1/2" neon housing holes per side that cannot be repaired as
well as rivet holes that are now too rusted and weak for the sheet metal to be re-fastened.
The sign has been tied back together with rope because the sign companies will not
assume the liability that would come with an attempted repair,
The new sign purposed would be a much better fit for this property and more pleasing to
the surrounding neighbors. We have a signature sign design that we are using for all
Minute Market locations throughout Jackson County to include the Minute Market on the
south end of Siskiyou Boulevard in Ashland, We will be able to work with the city
planners to make this new design work at this location once a variance is accepted.
Preliminary work with the Ashland Planning Staff has been most helpful. Our old sign is
on a single steel pole and is 21' 6" tall with a total square footage of over 100 Sq. Ft. '
Enclosed is a picture of the new design that we have come up with and that Ashland '
Planning Staff is in favor of. The new sign would only be 36" tall x 90" wide for a total
of 22,5 Square Feet not to include the solid base, We have proposed a solid base for a
more pleasing profile and also to prevent future damage from vehicular traffic.
Since the circumstances behind our having to come up with a new sign are entirely not by
our own choosing I would hope that the City of Ashland would be sympathetic to our
plight. We know that this will be a very costly addition to our location but one that is
important to the viability of the business at hand, For over 40 years we feel like we have
been an important part of the north end of Ashland, We have consistently tried to provide
the best possible customer service for that community.
I sincerely hope that you will consider approving this application for the V ariance, We
have always tried our best to work with the City of Ashland and their staff, We will
continue to do so in the future. I think that our track record shows over the years Minute
Markets has been a very good partner in and for the City of Ashland.
Yours truly;
yfi)r1{1l4 jJ 4iAr~tJc
Thomas P Kirkpatrick, owner
MINUTE MARKETS
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ZONING PERMIT APPLICATION
FILE # fA - At) 11-- 00 (J~E')\
Planning Division
51 Winburn Way, Ashland OR 97520
CITY OF
ASHLAND 541-488-5305 Fax 541-488-6006
DESCRIPTION OF PROJECT
DESCRIPTION OF PROPERTY
Street Address '30'''; j\/, /F!/1/;V mC:c!i~
,/
Assessor's Map No. 39 1 E D5'O MO 7 to !
Pursuing LEED@ Certification? 0 YES 0 NO
A:5III/I/VO. &~(:~, 9:/sZo
Tax Lot(s) ''7 t!P(f) /70 (
/
Zoning
Comp Plan Designation
APPLICANT
Name ;V/1/VUrl:;" Ifw/(t.:l/-
. , r
Address (p/'O L::' #/lfr;U:[;- /
Phone 6-- C;/~- 71"/: //?5 S- E-Mail PA r /J\ 6) /l/fl/l/~(/l';:/U/tlu<ef
;Je-r
City /11 (;/) /~ I~~ Zip 9 'l ;"/;;(/ Lj-
/
PROPERTY OWNER _ __ LLC/
Name ki f?/(PII.71i!JC/{ ReAL [f7A1[; Phone 5//1- 71'~ ,- /;J!/j'"" E-Mail
Address 0/ (() I;:' ff( diN :571, City )1.1&); r::(f) R}
SURVEYOR. ENGINEE~. ARCHITECT, LANDSCAPE ARCHITECT, OTHER --;I' I / 1IL/~.
17 ,-/ /' c:: ~ 11 /U: . ~ S L 1--(dJy r 7, ?
Title 17LA'I'\.[; 7/17-N /'Name, If N -0 f. / Phone E- ail
~ I'
Address Pi () ~ 73 DA:' foeS City )t(LJ:d;;jCo!2LJ
:?/!/!{!;
Zip ~ 7/ f)t:9 t/
I
Zip '9/7;0/
,
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:
1) that I produced sufficient factuell evidence at the hearing to support this request;
2) that the findings of fact fumlshEld justifies the granting of the request;
3) that the findings of fact fumlshE!d by me are adequate; and further
4) that all structures or Improvemllnts are properly located on the ground.
As owner "the property Involve,d In this request, I
ower. (
~ 1
Property Owner's Signature (I'e uired)
ave read nd understood the complete application and its consequences to me as a property
. 71q/~OII
Date
[To be completed by City Staff]
Date Received
Zoning Permit Type
Filing Fee $
OVER ~~
Contractor:
Address:
A Owner's Name: KIRKPATRICK REAL ESTATE LLC
P Phone:
Customer #: 06107 State Lie No:
p K & H ENTERPRISES, INC City Lie No:
L Applicant: 610 E MAIN ST
I Address: MEDFORD OR 97504
C Sub-Contractor:
A Phone: (541) 772-1355 Address:
N Applied: 03/04/2011
T Issued: 03/04/2011
Expires: 08/31/2011 Phone:
State Lie No:
Maplot: 391 E05DD700 City Lie No:
DESCRIPTION: Sign permit and Variance
~OMMUNITY DEVELOPMENT
~o East Main 51.
I,shland, OR 97520
vww.ashland.or.us
Tel: 541-488-5305
Fax: 541-488-5311
TTY: 800-735-2900
nspection Request Line: 541-552-2080
CITY OF
ASHLAND