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HomeMy WebLinkAbout1977-0118 REG MINPLEDGE OF ALLEGIXNCE ROLL CALL APPROVAL OF MINUTES PUBLIC HEARING Appeal - 1190 Prospect MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL January 18, 1977 The Pledge of Allegiance was led by Mayor Prickett who then called the meeting to order at 7:30 P.M. on the above date in the Council Chambers Present were Councilmembers Laws, Phelps, Drescher, McDowell and McCannon. Ragland was absent. McCannon moved that minutes of the regular meeting of January 4, 1977 be approved and placed on file; McDowell seconded and on voice vote, passed unanimously. Residents in the area of Prospect and Roca Streets appealed a decision of the Planning Commission relative to a variance requested by Brenda Humes and Harry Wixon. Almquist read the staff report dated January 13 1977, (Exhibit "A") which reported that a nine-foot sideyard variance for a carport had been granted a previous owner, but he did not build the carport. Subsequently, the property was purchased by Mrs. Humes an her brother, Mr. Wixon, who applied for a building permit for a garage. The plot plan did not indicate the front-yard setback, but showed the nine-foot sideyard (Exhibit "B"), A building permit was issued on October 19, 1976. On November 4, 1976, a complaint was received from a neighbor relative to setback and design. On November 9, 1976, a correction notice was issued, but at this time the garage was substant- ially completed. About November 18, 1976, Mrs. Humes was notified of the problem, and following that, she and her brother applied for a variance for a 12~-foot setback. The Planning Commission granted a 17~-foot setback, but this decision was appealed by neighborhood resi- dents. Planner Himes showed slides of the property before and after construction of the garage. Almquist read requirements of City ordin- ance in granting a variance (Code 18.64.020-B), and then read applicant~ findings of fact from the staff report of December 8, 1976. (Exhibit Mayor Prickett opened the public h~aring asking for comments from the audience. Gerald Scannell, attorr :y for Humes & Wixon, explained that his clients had not asked for the ~riginal variance, but had applied for a building permit, which was granted. The building was red-tagged when it was substantially completed. He said his clients did every- thing the City asked them to do - even to the extent of applying for a variance after the fact. He said if he had been their attorney at that time, he would have advised them not to apply for a variance after the permit had been issued. Scannell said someone in the planning department had authorized the carport to be enclosed, and the decision to install a gable roof was to make it conform with surrounding houses, there being no other flat roofs in the area. Clark Snider of 783 Roca said that every requirement has been violated from construction to set- backs and wondered what the City plans to do. Ed Fallon of 776 Roca, in reply to the remark that there were no flat-tops in the area, said that Katherine Van Vleet's house at 734 Elkader does, On Drescher's question as to whether Council's alternatives are to reverse, agree, or remand, City Attorney Salter said you can remand to 'Planning Commission or modify but decision should be supported by findings that answer requirements of the ordinance. (Exhibit "A") Almquist requested that the staff report of January 13, 1977, copy of the public hearing notice (Exhibit "D"), Planning Commission minutes of 1./18/77 Pg. 1 PUBLIC HEARING cont. 1190 Prospect-Humes December 13 and 15, 1977 (Exhibit "E") , plot plan submitted by Caswell (Exhibit "B") be made a part of the record as well as slides and tape recording of the proceedings. On McCannon's question as to whether the neighbors were most concerned with the roof lines, Clark Snider said they were more concerned with the setbacks, and that they should have been given a chance to decide what should be done while the building was being redtagged. On Mayor's question as to whether a variance would have been needed had the setback requirements been met, Planner Himes said it would not. Almquist said the variance request of 1975 was for a setback variance and architecture was not a part of the request but he understood the owner had discussed his plans with neighbors at that time. The Mayor asked if Mrs. Humes or her builder had a copy of the original variance, to which Scannell replied that he didn't know, but she was aware that Caswell had been granted a variance. On LaWns question as to whether Mrs, Humes~ application for a variance is a new one, Scannell said it is and it is for the front setback and was requested on November 30, 1976 after the garage was built. McCannon asked Himes why the front setback problem was not taken up previously and Himes said that the property owner~s word is taken when plot plans are submitted and according to the plot plan there was room had the carport been built by Caswell when he was issued a building permit, but at that time the setback was not known. Laws asked the City Attorney if a decision coul be made without considering mistakes and Salter said the variance request should be considered as though the building does not exist because the violations involved do not change code requirements. Laws said he would have denied the variance as a Planning Commissioner had he looked at the plan before the tarage was built. McCannon con~nented on the long time the contractor has been building in Ashland and felt he should have been familiar with the codes. Scannell said the builder relies on the building inspector. Drescher noted that the Building Department has no control over aesthetics. Drescher said if there is to be a variance at all, it might as well be full variance, and moved to send the problem back to the Planning Commission. Motion died for lack of a second. Drescher then moved we modify variance awarded so it can stand the way it is. Motion died for lack of second. On McDowell's question as to main objection to the building, Fallon said the setback is the main concern. Drescher spoke of the exceptional circumstances of the particular property and the need to grant the variance for enjoyment of property rights. Fallon said the setback requirement from the curb is greater on Prospect Street because the City gave 12~ feet to the property owners years back. Laws said that even though the garage is a short distance from the actual property line, it is still quite a distance from the curb, and said he is ready to second Drescher's motion to allow the structure to stand because of the extraordinary circumstances surrounding the problem as long as it does not endanger health and safety except for aesthetics, 1/18/77 Pg. 2 PUBLIC HEARING cont. 1190 Prospect-Humes PUBLIC HEARING Goddard Annexation Laws moved that~-tZ~_ ~ppeal be denied and Planning Commission decision be changed so setback would be 12½ feet. Drescher seconded. Mayor Prickett said the City must admit that errors were made, but that is irrelevant to the motion which is based on the findings of fact which is the quest~,.'~'~'~.r-e-the Council at this time. Phelps stated he is against the motion b~ed on safety. He feels it is an obstacle at the corner and tha;~L~l~r~cedent being set is a poor one since the house is out of line with o~hers, a long term experience licensed contractor has violated t]~=,'~., owner has altered plans to his convenience and feels it is a poor way to execute a code in this community. McCannoR said he drove by and felt itwas not unsafe and wondered how damage could be assessed and on whom the responsibility would rest. McDowell relate~,~:~i~ls when she served on the Planning Commission when errors came up i~,~:r.'~%ime to time because of inaccuracies and that we are lucky there h~,,~n't been more problems. She suggested that process- ing of variance and inspections be studied for needed changes. On roll call, Drescher, Laws and McDowell voted for the motion to deny the appeal; Phelps and McCannon voted in opposition. Salter recommended that findings be adopted to support criteria for zone variance and proposed certain statements be included in findings, Laws moved to add to motion that landscaping still be required. Dres- cher seconded, and passed unanimously on roll call. Mayor suggested that staff convey to Planning Commission need to modify requirement of property owner to show stakes of property lines, and if not, that responsibility of City be waived if stakes are not set, and that all distances be checked. Bud Wilkerson said many areas in town have questionable property lines and by requiring exact locations a burden would be placed on prc)erty owners and felt City should locate lines. Drescher disagreed sa>ing it is up to the property owner to show the City where he plans to place something. Mayor said the responsibility of property lines must be established. City Administrator Almquist showed the proposed property between Clover Lane and Highway 66, west of I-5 to be annexed and withdrawn from Jack- son Fire District No. 5 on zoning map. Mayor oDened the public hearing and asked that opposition speak. ~ W. L. Robertson of 316 Patterson Street opposed the proposed annexatioD based on a possible water shortage saying that the developer should have to pay a certain amount for each unit to preclude the typical property owner in the town from paying the bill by higher taxes or bond issues. Richard Cottle, attorney representing applicant Frank Goddard explained that there is sufficient water and that sewer and water lines already coming along Clover Lane, that the land is contiguous and that the motel would be of economic ~alue to the City. Cottle asked Director of Public Works if he has any feelings relative to. potential water shortage, Alsing said that should we continue to annex land, we eventually face 1/18/77 Pg. 7 }L~YOR'S ADDRESS MAYOR'S APPOINTMENTS MINUTES OF BOARDS ETC. Alley Vacation Petition App. Wilkerson Willstatter Claim Housing Assistance Program a problem. The present and past Council have looked at this and any increase in population will have to be considered. Cottle said he recognizes that a growth problem can be down the road but at this particular time that problem is not the issue. Robertson mentioned that an article had come out that a consultant is working on a report of the water supply in Ashland and suggested that annexation proceedings be continued after the water report is in. Mayor closed public hearing and Laws moved to direct staff to bring annexation ordinance to the Council. McCannon seconded. Robertson asked for clarification of proceedings and Salter suggested deferral of zoning ordinance until annexation ordinance is read. On roll call Phelps, Drescher, McCannon, McDowell and Laws voted YES and the motion passed unanimously. Mayor Prickerr presented his "state of the City" address outlining pro- gress over the past year including completion of airport master plan, major progress towards completion of the Comprehensive Plan with the help of citizens and Planning Commission, the 208 Water Study which is nearing completion, feeder line electric project and implementation of the User Tax for equity in Federal Revenue sharing receipts. Prickett outlined future challenges and recommended continued fiscal restraint. Among projects planned are electric study, Cable TV Franchise, complet- ion of Comp Plan, action related to Lithia Mill Site, public works priority ranking and Prickett recommended a careful look at the use of revenue sharing funds. Mayor Prickerr appointed McDowell to act as alternate liaison to Rogue Valley Council of Governments, Phelps as liaison to Airport Committee, and Dr, Ethel Hansen and Lance Pugh to Planning Commission. Prickezt noted that he had received a letter of resignation from Planning Commisa loner Richard Hansen and a new member will be appointed to that position Appointments and reappointments were made on various committees and commissions (list attached). McCannon moved to approve appointments; McDowell seconded, On roll call, all YES, McDowell moved to accept minutes or~ Boards, Commissions and Committees; seconded by McCannon and passed unanimously on voice vote. . , Almquist read petition for vacation of an alley in Hilltop Subdivision signed by twenty nine residents dated June 1, 1975, and because of possible invalidity of petition, suggested that Council proceed on its own motion and recommended a public hearing be set. McCannon so moved; Laws seconded and asked Staff if there were any objections. There being no objection, roll was called and the motion passed unanimously. Almquist read a letter from Gerald J. Scannell, attorney representing A1 & Edith Willstatter, claiming damage to their property and reservoir. Letters from Don Thiring, Lineman for Electric Department and memorandur from Fire Chief W, R. Reed were read and Almquist recommended that clai= be denied. McCannon ~o moved; seconded by McDowell and on roll call, all YES, A letter from HUD was read inviting applications for administration of Honsing Assistance Program and Almquist said that City has authorized Jackson County Housing Authority to act. Drescher cited need for low- income housing and suggested active influence to Authority and asked for specifics and meeting times and locations of the Housing Authority. Almqu]st said he would make such information available at next meeting. 1/18/77 Pg. 4 . R~ular ~eetinB Ashland City Council 1/18/77 Pg. PUBLIC FORUM ONEIDA CIRCLE REPORT TAXI SERVICE REVIEW PAVEMENT CUTS FEDERAL HIGHWAY ACT Street Marking CO}~. PLAN CHANGE N0. 7 Sneed, Applicant ZONE,CHANGE NO. 51 Zupan, Applicant R. W. BECK PROPOSAL LCDC GRANT APPLICATION POSITION CLASS. ORD. Admin. Sec., Police STATE REVENUE SHARING Laws introduced David Goode, his intern at Southern Oregon State College and a student at the college, Sue Hunter, who is working as a reporter for KCMX. Drescher introduced Ruth Hibbard of the League of Women Voter Director of Public Works requested that report be deferred until next meeting of City Council. Ordinance No. 1899 covering Hours of Service for Agate Cab Company until February 1, 1977 was reviewed and owner Dennis Perkins was asked to report. Perkins requested an extension of the ordinance to eliminate service hours between 1:00 a.m. to 7:00 a,m. and said that he has had no complaints on set~Ftce and that the previously arranged service had worked quite well. He added that when returning to 24-hour service becomes economically feasible, he will be happy to comply. Laws moved to ask staff to prepare ordinance with emergency clause to extend to October 1, 1977 at which time ordinance will be reviewed; McDowell seconded and on roll call, passed unanimously, Letter was read from California-Pacific Utilities to inform City that two cuts were made on Harrison Street for emergency repairs. No action necessary. A letter requesting permission for cuts in pavement for replacing main on Harrison at Holly and Harrison at iowa was considered and Laws moved to grant permission; McDowell seconded and on roll call, all YES. A letter from Oregon State Highway Division stating that the Federal Highway Act will now take in urban areas to provide raised markers and thermoplastic treatment of high vehicular use areas was read and Alsing reported on the success of the thermoplastic crossing markers and other needs ~rovided by the act. McDowell moved to accept application and appro~ marking plan as presented; McCannon seconded and on roll call, passe[ unanimously, Request withdrawn. Request withdrawn~ A letter submitting a suggested plan of action by R, W, Beck, Electrical Consultants was read and no action was required, The LCDC Planning Graat Application with hudgetary requirements ~as reviewed by A!mquist who recommended Mayor be authorized the sign. Phelps so moved; seconded by McDowell and passed without opposition on roll call vote. First reading was given an ordinance amending Ordinance No. 1415 as amended by Ordinances Nos. 1713, 1795, 1812 and 1901 to add a new classification entitled "Adnrlnistrative Secretary - Police". McCannon moved; Drescher seconded. McDowell abstained saying she plans to resign from Council and apply for the position. On roll call, all others YES. Mayor Prickett asked Council for sttitu~es concerning State Revenue Shar~ ing so that he might better represent Ashland at the League Of Oregon Cities Legislative Committee meetings, 1/18/77 PE. 5 TRAFFIC SAFETY ORD. First reading of an ordinance amending Ordinance No, 1834 relative to the makeup of the Traffic Safety Commission was given and McDowell moved to second reading; seconded by Laws and on roll call, passed unanimously TRANSIENT OCCLrPANCY TAX Almquist gave second reading of an ordinance amending Ashland Municipal Code Sections 4,%~'5~0(F) and 4.24.130, which relates to the transient occupancy tax. L~dw~ ~moved to adopt; McDowell seconded and on roll call, passed unanimousif,,~' ZONING ORDINANCE 2315 Siskiyou Blvd. Ballew, Applicant Second reading was given by title only of an ordinance rezoning property at 2315 Siskiyou from C-3 to C-1. McCannon moved to adopt; seconded by Laws and passed unanimously on roll call vote, ZONING ORDINANCE "Personal Storage" Ballew, Applicant Second reading by title only was given an ordinance amending the Zoning Ordinance to include "personal storage facilities" at 2315 Siskiyou Blvd. McCannon moved to adopt; seconded by McDowell and on roll call, passed unanimously. RESOLUTION - COMP PLAN DESIGEATION (Goddard) A resolution was read by Almquist amending the Comp Plan to change property from High Density Residential to Highway Commercial as applied for by Frank Goddard. Laws moved for adoption; McDowell seconded snd on roll call, all YES. RESOLUTION - INTERFUND LOAN Almquist read a resolution authorizing interfund loans from Cemetery Trust Fund to Parks & Recreation Fund. McDowell moved for adoption; Drescher seconded and on roll call, all YES. QUITCLAIM DEED Goddard Motel Site City Administrator Almquist explained Quitclaim Deed is necessary to cause abandonment of an easement over a sulpher line which is no longer in use and recommended that Mayor and Recorder be authorized to sign the deed. McCannon so moved; secohded by McDowell and passed unanimously on roll call vote, Q.!TCLAIM DEED James & Merelyn Millward A Quitclaim Deed of easement and a new utility easement from Ja,~es W. and Merelyn Milliard were presented and Almquist recommended authoriza- tion of signatures of Mayor and Recorder. McDowell so moved; seconded by McCannon and passed unanimously on roll call vote. AGREE~.~NT-STATE ~qY DIV. Grandview & Wimer Agreement with State on F.A,U.S. project to pave Grandview & Wimer Sts.~ was presented and Alsing said that very small portions would be necessa~ for slope easements and felt that people will cooperate to preclude neet for condemnation. McDowell moved that Mayor and Recorder be authorized to sign agreement; second ~y Laws and passed unanimously on roll~ca!l vote. DEPARTMENTAL REPORTS McDowell moved departmental reports for the month of December, 1976 he accepted and placed on file. Drescher seconded and on voice, all YES. LIAISON REPORTS Hospital Board McCannon suggested Hospital Board members be increased by two members to comprise a total of nine and Mayor agreed that McCannon should bring the suggestion up at the next meeting of the Board. 208 Project Laws reported that report should be coming in from Montgomery on Ashlanz Watershed Study. Almquist said that Mon.tgomery had been heard from and they were requesting an extension of time in order to study the new 1/18/77 Pg. 6 __Regular Meeting Ashland City Council 1/18/77 PB. 7 208 Water Study ~ont. WALKER STREET COUNCIL PLACQUES Forest Practice regulations which may have an impact on results of the study in progress. Mayor agreed to allow time because of the technical aspects of the study and future implementation. Drescher and Prickett felt the report should come to us before COG. Phelps wondered why Walker Avenue and Tolman Creek Road arein such poor condition and was told by the Mayor that the County pays part of the maintenance costs and that we should have another meeting with the County to make necessary repairs. Mayor Prickett suggested that we return to previous custom of commending former Councilmembers with an appropriate placque for service to City. A Study Session was called for January 25, 1977 with City of Talent, DEQ, and the State Health Division to be preceded by a presentation by PP&L. Meeting adjourned at 11:05 p.m.