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HomeMy WebLinkAbout1999-224 Findings - Dave GreeneBEFORE THE ASHLAND CITY COUNCIL STATE OF OREGON, CITY OF ASHLAND IN THE MATTER OF AN APPEAL OF THE PLANNING ) COMMISSION APPROVAL FOR A SITE PLAN PERMIT ) FOR THE CONSTRUCTION OF SIX APARTMENT UNITS ) (THREE DUPLEXES) BETVVEEN HELMAN AND LAUREL ) STREETS. THE SUBJECT PROPERTY IS ZONED R-3 ) AND IS IDENTIFIED AS ASSESSOR'S MAP # 39-1E-04CC ) TAX LOTS 2700 AND 2801. PLANNING ACTION ) #99-062. ) ) ) APPLICANT: DAVE GREENE. FINDINGS OF FACT RECITALS: 1. This Planning Action was brought to the City Council by an appeal of the Planning Commission approval of a site plan permit, with conditions, by Rob Hirschboeck, et al. The appeal of the Planning Commission action was filed in a timely manner. 2. On November 2, 1999 the Ashland City Council held a public hearing on the application and considered the appeal request of the appellants. 3. During the public hearing the City Council accepted evidence and testimony from the Planning Staff, applicant and the appellants. 4, At the conclusion of the hearing, the mayor closed the public hearing and record and the City Council deliberated. Upon a motion duly seconded, approved Planning Action #99-062, with a modification of condition #5. THEREFORE LET IT BE HEREBY ORDERED that Planning Application 99-062 approved subject to compliance with the conditions stated in the Planning Commission Order dated September 14, 1999, with condition #5 therein amended to read as follows: "That the rear alley be widened to 12' and surfaced with 3/4 minus gravel from Helman Street to the alley west of the site and surfacing the intersecting alley north to Van Ness Street with the same 3/4 minus gravel." AND LET IT BE FURTHER OF RECORD, that the action of the City Council in sustaining the approval of the Planning Commission for Planning Action #99-062 is hereby supported by the following findings: 1. This application for a Site Plan Review permit complies with the applicable criteria of the Ashland Land Use Ordinance, Section 18.72.070, which are as follows: Ao All applicable City ordinances have been met or will be met by the proposed development. B. All requirements of the Site Review Chapter have been met or will be met. The development complies with the Site Design Standards adopted by the City Council for implementation of this Chapter. 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. 2. The City Council specifically finds that the Comprehensive Plan does not contain approval criteria for a Type I, Site Plan Review permit. 3. The City Council adopts by reference the following documents to support the decision of the Council: A. Ashland Planning Staff Report dated August 10, 1999 B. Ashland Planning Commission Order dated September 14, 1999 C. Applicants "Finding of Fact" entered into the record by the Applicant's agent on November 2, 1999. D. All evidence submitted as part of the record of planning Application 99-062 to the City Council on November 2, 1999. 4. The City Council finds that the condition requiring the applicant to widen the rear alley to 12' and surfacing it with 3/4 minus gravel from Helman Street to the alley west of the site and surfacing the intersecting alley north to Van Ness Street with the same 3/4 minus gravel meets the City's criteria for adequate transportation to and through the subject property. The Council finds that northbound trips will utilize the intersecting alley north to Van Ness, necessitating the improvement. BASED ON THE ABOVE, it is the finding of the Ashland City Council that Planning Action 99-062 application for a Site Plan Review Permit complies with the requirements of the City of Ashland and state law pertaining to such matters. Accepted and approved this 16th day of November 1999, by the Ashland City Council. C'athyS~~,~ayor Attested by: City ecorder