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HomeMy WebLinkAbout1993-05-11 Hearings Board MINASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES MAY 11, 1993 CALL TO ORDER The meeting was called to order by Chairperson Barbara Jarvis. Other Commissioners present were Hibbert and Cloer. Staff present were McLaughlin, Molnar and Yates. TYPE II PUBLIC HEARINGS PLANNING ACTION 93-045 REQUEST FOR A MINOR LAND PARTITION TO DIVIDE A PARCEL INTO THREE LOTS. PARCEL 2 WOULD BE ACCESSED BY A FLAG DRIVE FROM PINE STREET. APPLICANT: STEPHEN CARY Site Visits and Ex Parte Contacts All Commissioners made a site visit. STAFF REPORT This action was approved administratively in March and the action was called up for a public hearing by neighbors. The lot is over 26,000 square feet with double street frontage (Granite and Pine) with the existing house accessing from Pine Street. The application involves splitting the parcel into three lots. Since the original approval, in reviewing, Staff made a large error by overlooking the need to process this application with a Variance. Without the Variance, a lot would be created with a width greater than the depth. This application will require re-noticing. Staff believes it would be difficult for the applicant to justify a Variance. Staff would recommend the applicant come back next month with a modified plan showing two parcels. Jarvis noted there are two items that need to placed in the record from Christopher Reed and Garrison Turner. PUBLIC HEARING DAVID EDWARDS, 823 W. 8th, Medford, representing the applicants, told the Commission that during the pre-application conference on March 2, 1993 Staff indicated everything looked good. On March 17th, the applicants received preliminary approval from the Planning Department. Since that time, the Planning Department has received letters from the neighbors and also discovered the partition would create a lot with the width being greater than the depth. This portion of the ordinance is buried at the end of the R-1 section. The applicant's intention was to maximize the use of his property. The opponents of urban sprawl should be excited about this development, however, one sentence may preclude the applicant's from doing this. They were not apprised of this at the time of application. The partition would make parcel three 93 feet deep and approximately 104 feet wide. Edwards prepared a revised site plan showing a division of the property into two parcels. He entered the map as an exhibit and requested approval of this map at this hearing today. McLaughlin said the submittal of the map constitutes new evidence and would open the door for a request for continuance of the hearing. Staff would like an opportunity to review it first. McLaughlin said the map could be approved at this meeting, then re- noticed, showing it was approved, subject to someone requesting the hearing be re- opened. Edwards showed the new map to the Commissioners. He explained that the flag was eliminated, leaving a large building envelope. The mutual access would remain. The parcel on Pine has been designed slightly deeper than wide. GARY TURNER, 110 Pine Street, asked that if a decision is made, that the record remain open. He submitted comments on behalf of his wife and other neighbors. He has not had a chance to discuss the new proposal with any of his neighbors. Turner believes the rule about greater width than depth is appropriate so houses are not crammed into lots. He would object that this be heard now. Why didn't the applicant submit the proposed map sooner? ELLEN WRIGHT, 97 Pine Street, agreed with Turner's comments. If the new plan creates two lots, Wright doubted she would have any problem with approval. JUDY MAXWELL, 101 Pine Street, agreed with Staff's proposal for a two lot division. EDWARDS wondered about Turner wanting the record to be left open. Jarvis responded that any evidence he wished to be added, the record can be left open for up to seven days. McLaughlin said the overriding point is State Statute which allows anyone to request the record remain open for seven days if new information is submitted. This leaves the door open to request a continuance to allow them an opportunity to review and make sure it meets the requirement. Cloer wondered if there was any essential reason to make a decision today. Edwards said time is valuable for everyone involved. ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES MAY 11, 1993 It was the consensus of the Commissioners that three lots would not be approved, therefore, Edwards agreed to a continuance until next month and waived 120 day rule decision limit. This item will be first on next month's agenda and will be re-noticed. The hearing will remain open. PLANNING ACTION 93-066 REQUEST FOR A CONDITIONAL USE PERMIT FOR A TEMPORARY USE TO OPERATE AN OUTDOOR PASTA CART LOCATED AT 372 E. MAIN STREET. APPLICANT: DAN SHEPHERD Site Visits and Ex Parte Contacts Cloer had no site visit. Hibbert and Jarvis had a site visit. STAFF REPORT This is the first application of this kind at this end of town. The Downtown Plan encourages this type of proposal. The applicant is asking to place a portable cold pasta bar that is similar in size and scale to the espresso cart on the Plaza. The cart would be located in the existing parking lot. There is no parking requirement in the downtown overlay. After reviewing, Staff has recommended approval and has asked the applicant to keep the seating more in scale with the area with only eight to ten chairs. The cart should not block the access off East Main Street. PUBLIC HEARING STEVE WILLING, owner of Main Street Laundromat, commented that the drawing in the packet is way out of scale. The proposed cart is directly in front of the curb cut. Willing said it will be difficult for cars to back out of the lot. It is dangerous to pedestrians and bicycles. The lot is poorly paved and is unlit. The Gresham Street-- East Main intersection is a sensitive area too. He suggested an alternate placement of the cart toward the back of the lot between Sports, Ltd. and the proposed Garo's Restaurant and eliminate the seating. The parking lot is heavily used and he would like to require the lot be lit. He requested approval of the CUP until the end of October and review at that time. He asked the Commission to move with caution and sensitivity. Hibbert wondered if there was adequate space to move the entrance to the parking lot closer to the corner. The applicant was not present to answer questions. Hibbert asked for a continuance. ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES MAY 11, 1993 3 ROGER LEDBE-I-rER, owner of the building across the street, stated that there has been food service in his building in the past and he hopes to have it in the future. He noted the cost of setting up a business within a building and felt it would be grossly unfair for someone to compete with a cart owner who doesn't have the same set-up fees. Ledbetter is also concerned about getting more pedestrians to this area, but not this way. He too is concerned with the parking lot. He felt a precedent was set with the espresso bar, however, it is on a stationary platform. He is concerned with trash that could accumulate with this use and that the trash will probably end up on his property because there are benches there. Jarvis asked Staff for measurements. McLaughlin had only the information supplied by the applicant and suggested a continuance to obtain the measurements of the curb cut and entry. Hibbert moved to continue the hearing. Cloer seconded the motion. This action will be heard on June 8, 1993 at 1:30 p.m. and the hearing will remain open. This will not be re-noticed in the mail. TYPE I PLANNING ACTIONS PLANNING ACTION 93-061 REQUEST FOR A CONDITIONAL USE PERMIT FOR A TEMPORARY USE TO OPERATE AN OUTDOOR MARKETPLACE CONSISTING OF ARTS, CRAFTS, AND MUSIC LOCATED IN THE NORTHEAST CORNER OF THE ELKS PARKING LOT AT SECOND STREET AND LITHIA WAY. MARKETPLACE TO OPERATE WEEKENDS MAY THROUGH OCTOBER. APPLICANT: JUDIE BUNCH/ASHLAND MARKETPLACE Cloer abstained because of a conflict of interest. Hibbert is a member of the Elks but was not familiar with this action, therefore, believed he had no conflict. A letter was submitted today by Trinity Episcopal Church withdrawing their letter to call this up for a public hearing. Staff has recommended review of this after a year. This action was approved. ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES MAY 11, 1993 4 PLANNING ACTION 93-062 REQUEST FOR MODIFICATION OF SOLAR SETBACK TO STANDARD "B" FOR LOTS 5, 6, & 7 OF ROCA CANYON SUBDIVISION LOCATED AT 772, 780, & 792 ROCA STREET. STANDARD "B" ALLOWS FOR A 16' HIGH SHADOW AT THE NORTHERN PROPERTY LINE, COMPARED TO A 6' SHADOW CURRENTLY ALLOWED UNDER STANDARD "A". APPLICANT: CHARLES HAMILTON This action was approved. PLANNING ACTION 93-063 REQUEST FOR A CONDITIONAL USE PERMIT AND SITE REVIEW TO CONVERT AN EXISTING NON-CONFORMING GARAGE TO AN ACCESSORY RESIDENTIAL UNIT TO BE LOCATED AT 350 AVERY. APPLICANT: BILL AND KARl TUCK Don Paul, Fire Department, mentioned that the proposed structure will be reviewed for fire wall requirements because of its proximity to the property line. This action was approved. PLANNING ACTION 93-064 REQUEST FOR A CONDITIONAL USE PERMIT AND SITE REVIEW FOR A FIVE- UNIT TRAVELLER'S ACCOMMODATION TO BE LOCATED AT 228 B STREET (PELTON HOUSE). APPLICANT: JOHN FERGUSON This approval is for four units and in addition, the owner's unit. This action was approved. ADJOURNMENT The meeting was adjourned at 2:50 p.m. ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES MAY 11, 1993 5