HomeMy WebLinkAbout1988-0906 HARRIS FINDINGSBEFORE THE CITY COUNCIL
CITY OF ASHLAND
JACKSON COUNTY, OREGON
IN THE MATTER OF PLANNING ACTION #88-089, REQUEST FOR )
CHANGE OF CONDITIONS TO ALLOW THE PROPERTY AT 651 WALNUT)
FUNCTIONAL ACCESS, USING THE ABUTTING ALLEY RATHER THAN )
THE APPROVED FLAG DRIVE. )
APPLICANT: DANIEL AND SUSAN HARRIS )
)
FINDINGS,
CONCLUSIONS
AND ORDERS
RECITALS:
1) Taxlot 1100 of 391E 5BD is located at 651 Walnut Street and is
zoned R-1-7.5, Single Family Residential.
2) The applicant is requesting a change of conditions to allow the
property at 651 Walnut Street functional access, using the abutting
alley rather than the approved flag drive. Site improvements for the
site are outlined on the site plan on file at the Department of
Community Development.
3) In modifications of required conditions, the applicant must show
that the condition was not required to meet the criteria for approval,
or that the modification would also meet the criteria for approval.
4) The City Council, following proper public notice, held
a Public Hearing on September 6, 1988, at which time testimony
was received and exhibits were presented. The City Council
approved the application subject to conditions pertaining to the
appropriate development of the site.
Now, therefore,
The City Council of the City of Ashland, finds, concludes
and recommends as follows:
SECTION 1. FINDINGS
1.1 The City Council hereby incorporates by reference
the Staff Report and accompanying slides noted as "Exhibits A and
B", the findings submitted by the applicant noted as "Exhibit
C", the Site Plan submitted by the applicant noted as "Exhibit D"
and the minutes from the public hearing on this proposal held on
September 6, 1988, noted as "Exhibit E".
SECTION 2. CONCLUSORY FINDINGS
2.1 The City Council finds that it has received all
information necessary to make a decision based on the Staff
Report, public hearing testimony and the exhibits received.
2.2 The City Council finds that the request for change of
conditions to allow the property at 651 Walnut Street functional
access, using the abutting alley rather than the approved flag
drive meets the criteria for approval of a flag partition.
The City Council believes that the applicant has the right
to use the alley, since it is already dedicated to the public.
Further, if this request were not approved, the applicant could
pave the flag drive to the required standards, but still use the
alley for access, and not have to make any improvements to the
alley.
The flag portion of the lot has a slope of 20%-25% and and is
overgrown with bushes. Consequently, the alley will provide a much
more level access.
2.3 The Council hereby adopts the applicant's findings
as submitted.
SECTION 3. DECISION
3.1 Based on the record of the Public Hearing on this
matter, the City Council concludes that the proposal
for change of conditions to allow the property at 651 Walnut Street
functional access, using the abutting alley rather than the
approved flag drive complies with the criteria for approval of a
flag partition (AMC Chapter 18.76).
Therefore, based on our overall conclusions, and upon the
proposal being subject to each of the following conditions,
we approve Planning Action #88-089. Further, if any one or
more of the conditions below are found to be invalid, for
any reason whatsoever, then Planning Action #88-089 is denied.
The following are the conditions and they are attached to
the approval:
1) That the alley be paved to a minimum 12' width, and done
under permit and approval of the Public Works Department.
2) That the alley access be screened as per flag drive
requirements outlined in 18.76,060. All fencing and screening to
be on the public right-of-way line. Should property owners adjacent
to the alley not wish to have the screening located on the right-
of-way line, this requirement shall be waived after receiving
written verification with a notarized signature of the property
owner.
3) That the alley not be blocked off by the applicant and
that a gate be installed in the required fence along Mr. Hoover's
property for use by Mr. Hoover.
4) That the alley not be diminished in width by the
applicant.
Mayor
Attest
Date