HomeMy WebLinkAbout1996-01-09 Hearings Board MINASHLAND PLANNING COMMISSION
HEARINGS BOARD
MINUTES
JANUARY 9, 1996
CALL TO ORDER
The meeting was called to order by Jenifer Carr at 1:40 p.m.. Other members present were Jarvis and
Bass. Staff present were Molnar, Madding and Yates.
TYPE II PLANNING ACTION
PLANNING ACTION 95-116
REQUEST FOR A CONDITIONAL USE PERMIT TO CONSTRUCT AN ACCESSORY RESIDENTIAL
UNIT AT THE REAR (OFF THE ALLEY) OF THE PROPERTY
687 BEACH STREET
APPLICANT: BOB & JOY ZIEHL
Ex Parte Contacts or Site Visits
All Commissioners had a site visit.
STAFF REPORT
Madding reported the information from the Staff Report explaining that the main impacts of the
accessory residential unit are the capacity and condition of the alley and the driveability of the alley
adjacent to the applicant's rear property line. With regard to capacity, currently there are 24 parcels with
rear property lines abutting this alley and of those approximately seven utilize the alley as evidenced by
garages or parking spaces. As Staff requires applicants to utilize alleys, at times there is conflict with
neighbors who want access but want the alley to remain quiet and unimproved. Staff feels that to
require the applicant to pave the alley would be an onerous burden. Madding showed a video of the
site and explained how the applicant is proposing to fill in the backup area to have 13 feet of backup
space.
Staff has recommended approval of the application with three attached conditions. Molnar reviewed the
comments from the Fire Department expressing their concern that no fencing occur between the two
buildings so when they set up on Beach Street, there will be no obstructions to the rear unit.
PUBLIC HEARING
BOB AND JOY ZIEHL, 687 Beach Street, want to build the accessory unit for her mother. The unit will
be located on the rear of their lot with alley access. They plan to install a two space parking pad. There
is adequate room for backup space as required by Planning. The pads will be 18 feet wide by 20 feet
long. They want to raise the level of their yard for parking. The curved portion would back up 13 feet
into the unused portion of the alley. There is vegetation growing into the alley and the Ziehls will be
taking it back 13 feet. The cedar tree and the lilac tree will act as a buffer from the adjoining property
owner. They are not going to install a fence. There will be no change to the topography of the alley
except to add fill to the backup area.
Carr asked if the applicant had read the comments from Don Paul stating they may be required to have
a residential fire sprinkler system. Molnar said Paul did not have fire flow information at the time of the
pre-application conference.
The Ziehls stated that in the years they have there, they have not had any alley traffic problems.
MAGGIE ANNSCHILD, 679 Beach Street, is a next door neighbor who had also made a request for a
CUP for an accessory unit. She chose to drop it because the neighbors were so upset. When
Annschild tried to find out why the neighbors were so upset, the neighbors thought the accessory units
were destroying the community and they didn't want rentals in the neighborhood. Annschild does not
believe this is a reason to deny the application. Some of the neighbors have had an on-going fight with
the City regarding improvement of the alley. She prefers not to have the alley paved. There is very little
traffic in the alley.
SCOTT KURTZ, 676 Liberty Street, said he is not opposed to the CUP but he has a problem with the use
of the alley for access. He thinks this alley is unique because it is a dead end, very narrow, and fairly
steep. He can hear car engines as people drive up the alley and frequently cars travel too fast going
down the alley. Children use the alley to walk to school. In speaking to Molnar, there is not automobile
trip criteria for alleys in the city. He has a rental on the alley and tries to minimize the effect by renting
to one person only. Prior to approving any additional accessory residential units, Kurtz would like the
Commission to direct Staff come up with an automobile trip criteria for this alley.
Jarvis responded that alleys are used to facilitate entrance into homes from the rear. Carr did not agree
that Staff time should be used to develop trip criteria for alleys.
Jarvis wondered if there is an 18 foot right-of-way how much is used for the alley. Molnar said generally
12 feet is used for the driving area. In this case, the backup area is required to be the full 18 feet.
CHARLES FLOCK, 730 Liberty Street, said his concern is the condition of the alley. Since requesting the
hearing, the alley has been graded allowing drainage on the sides. The alley can be further improved by
grading and clearing out blackberry bushes, etc. to make full use of the right-of-way. Another
improvement would be if the curb was painted at the alley entrance so cars could not park right up to
the entrance. He also mentioned that more attention should be paid to those along the alley that backfill
and narrow up the alley. When a driveway is put on the alley, he would suggest culverting so the
drainage ditch is not filled in. Molnar suggested that adequate provisions be made for the Ziehl's
parking area to ensure that drainage and runoff comply with the Uniform Building Code. Madding said a
condition could be added: That a drainage plan be reviewed and approved by the Building Official prior
issuance of a building permit.
Fiock also proposed a at least one-pull out on the alley for passing. Molnar said he could explore this
with Engineering. He would want to work with the whole neighborhood since the issue of vegetation is
sometimes very touchy. Some neighbors like it retained, others removed.
Jarvis noted the applicant's plans show only 12 feet of backup area. It should be 18 feet.
TOM STAMPER, 651 Beach Street, questioned the interpretation of R-1 zoning. When he purchased his
home he could not build an accessory unit. He does not like the idea of rentals in an R-1 zone. He has
liked the quality of life in his neighborhood.
Jarvis explained that in 1991 the ordinance was changed to allow for accessory residential units.
STEVE WILLING, 725 Beach Street, said when he looked at the number of accessory units, he was
surprised to find that 15 to 20 percent of the units are on Beach Street. It makes a difference in terms of
ASHLAND PLANNING COMMISSION
HEARINGS BOARD
MINUTES
JANUARY 9, 1996
privacy and density. He requested that interior residential sprinklers be required. If the applicant would
just make an addition on the rear of his home, it would not change the character of the neighborhood.
JONI MCGOWAN, lives on the alley, and is concerned for the future. She would ask for consideration
by property owners who build accessory units to design for privacy to the surrounding neighbors, limit
the parking spaces, request any visitors park on the street, and have mail delivered downtown. The
benefit of living on the alley is that it is a great wildlife route.
Rebuttal
The Ziehls did not believe there are too many accessory units. There does not seem to be a problem
that the alley is one-way. They were assured by the Fire Chief that there was adequate and easy access
in case of fire. The accessory unit will not be seen on the other side of the alley.
COMMISSIONERS DISCUSSION AND MOTION
Bass moved to approve PA95-116 with the attached three conditions. Add Condition 4 that the applicant
comply with Fire Department standards. Add Condition 5 that the drainage plan be reviewed and
approved by the Building Department prior to issuance of a building permit. Jarvis seconded the motion
and it carried unanimously.
TYPE I PLANNING ACTIONS
PLANNING ACTION 95-111
REQUEST FOR A MINOR LAND PARTITION TO DIVIDE A PARCEL INTO TWO LOTS, WITH THE
REAR PARCEL BEING A FLAG LOT.
242 W. HERSEY STREET
APPLICANT: ARNOLD AND MARY LOU GROSS
This action was called up for a public hearing.
PLANNING ACTION 95-129
REQUEST FOR A CONDITIONAL USE PERMIT FOR AN ACCESSORY RESIDENTIAL UNIT TO BE
LOCATED WITHIN THE EXISTING RESIDENCE
442 HOLLY STREET.
APPLICANT: HOLLIS GREENWOOD AND MARY PAT POWER
This action was called up for a public hearing.
PLANNING ACTION 96-001
REQUEST FOR A MINOR LAND PARTITION TO DIVIDE A PARCEL INTO THREE LOTS.
449 ORCHARD STREET
APPUCANT: WILLIAM KNEEBONE
This action was approved.
ASHLAND PLANNING COMMISSION
HEARINGS BOARD
MINUTES
JANUARY 9, 1996
PLANNING ACTION 96-003
REQUEST FOR A CONDITIONAL USE PERMIT TO RE-CONSTRUCT AND EXPAND A NON-
CONFORMING BUILDING (SUBTERRANEAN GARAGE)
212 VISTA STREET
APPLICANT: MARK REITINGER
This action was called up for a public headrig.
PLANNING ACTION 96-004
REQUEST FOR A MINOR LAND PARTITION TO DIVIDE A PARCEL INTO TWO LOTS
25 WESTWOOD STREET
APPLICANT: ANNA HASSELL
This action was approved.
PLANNING ACTION 96-005
REQUEST FOR A CONDITIONAL USE PERMIT FOR AN ACCESSORY RESIDENTIAL UNIT TO BE
LOCATED WITHIN THE EXISTING GARAGE
555 RAY LANE.
APPLICANT: ROI CROUCH
This action was approved.
PLANNING ACTION 96-006
REQUEST FOR A MINOR LAND PARTITION TO DIVIDE A PARCEL INTO TWO LOTS
SOUTH OF 155 TERRACE STREET.
APPLICANT: PEGGY ANN SAMMONS
This action was approved.
PLANNING ACTION 96-007
REQUEST FOR FINAL PLAN APPROVAL FOR PHASE II, 35 INDEPENDENT RESIDENTIAL UNITS
OF THE MOUNTAIN MEADOWS DEVELOPMENT.
APPLICANT: MOUNTAIN MEADOWS L.L.C.
This action was approved.
PLANNING ACTION 96-011
REQUEST FOR A SIDE AND FRONT YARD VARIANCE FOR THE NEW RESIDENCE 605 ELIZABETH
APPLICANT: SHANE R. THURSTON
This action was approved.
ADJOURNMENT
The meeting was adjourned at 3:05 p.m.
ASHLAND PLANNING COMMISSION
HEARINGS BOARD
MINUTES
JANUARY 9, 1996