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HomeMy WebLinkAbout1993-06-08 Hearings Board MINASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES JUNE 8, 1993 CALL TO ORDER The meeting was called to order by Chairperson Barbara Jarvis. Other Commissioners present were Cloer and Hibbert. Staff present were McLaughlin, Molnar and Yates. APPROVAL OF MINUTES AND FINDINGS The Minutes of the May 11, 1993 meeting were approved. TYPE II PUBLIC HEARINGS PLANNING ACTION 93-045 REQUEST FOR A MINOR LAND PARTITION TO DIVIDE A PARCEL INTO TWO LOTS AT 99 GRANITE STREET. PARCEL 1 WILL HAVE STREET FRONTAGE ALONG PINE STREET, WHILE PARCEL 2 WILL BE ACCESSED ALONG A DRIVEWAY EASEMENT FROM PINE STREET. APPLICANT: STEPHEN CARY Site visits were made by all. STAFF REPORT The applicant is now showing two lots on their revised plan. Access to the existing house on Granite would be from Pine Street so there would be no curb cut proposed off Granite. Staff believes this application meets the applicable criteria and have recommended approval with the seven attached conditions. PUBLIC HEARING DAVID EDWARDS, West 8th Street, Medford, said that the application meets the criteria and asked for approval. COMMISSIONERS DISCUSSION AND MOTION Hibbert moved to approve Planning Action 93-045, Cloer seconded the motion and it carried unanimously. PLANNING ACTION 93-065 REQUEST FOR A CONDITIONAL USE PERMIT FOR AN ACCESSORY RESIDENTIAL UNIT TO BE LOCATED AT 556 FORDYCE STREET. APPLICANT: CAROLYN ElDMAN Site visits were made by Hibbert, Cloer and Jarvis. STAFF REPORT This action was originally approved administratively by Staff. A neighboring property owner requested a public hearing. Since this request, another letter was written stating that the neighbor no longer had any objections to this application. The applicant is asking to convert a 500 square foot area in the barn to an accessory unit. The second story addition would be a sleeping loft. Overall, Staff finds the application acceptable with the attached conditions. PUBLIC HEARING Caroline Eldman, Fordyce Street, believes she has met the requirements. Cloer wondered how the drive would be developed and Eldman said the driveway would be moved a little eventually, but there will be enough room to widen it in the future for further development. COMMISSIONER DISCUSSION AND MOTION Hibbert moved to approve, Cloer seconded the motion and it was approved unanimously. 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 were made by all. STAFF REPORT Last month it was noted by Steve Willing that the cart would be in the right-of-way. additional information was submitted since the last application and unless there is additional information, the original plan would not appear to work. No ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES JUNE 8, 1993 PUBLIC HEARING DAN SHEPHERD, 209 Gresham Street, stated that he did turn in a revised plan and measured the space he wished to use and it would be out of the right-of-way. Shepherd said the deck area would not be incorporated. He said the cart would be away from the building with seating against the wall behind the cart. He also said there would be two chairs and a small table next to the sidewalk. The additional drawing that Shepherd submitted is to scale. He has talked with the owner of Sports Ltd, Garo's and Andy South (property owner) and they all favored the cart. After seeing Shepherd's revised plan, McLaughlin felt the curb cut was large enough to accommodate the cart and also that there would be enough visibility. STAFF COMMENTS McLaughlin asked the Commissioners to keep in mind Steve Willing's comments from last month. COMMISSIONERS DISCUSSION AND MOTION Hibbert thought the applicant should be allowed to proceed through October and reconsider the application next year. Cloer noticed while visiting the site, that traffic from East Main should not be a problem pulling into the parking lot. He is comfortable with the application. Jarvis thought the cart might be a way of drawing people to that end of the downtown. She thought it would be beneficial to limit it to the summer. Hibbert moved to approve, with the added condition that this be reviewed before next summer and that a finalized plan for the seating arrangement and placement of planters be provided. PLANNING ACTION 93-074 REQUEST FOR A VARIANCE FOR THE FENCE HEIGHT FROM 3 1/2' TO 5' FOR A 50' PORTION OF THE FRONT YARD FOR THE PROPERTY LOCATED AT 700 OAK STREET. APPLICANT: BRUCE AND SANDRA WAND Site visits were made by all. STAFF REPORT The applicant is requesting a height variance for a fence that has already been built. On occasion, a fence will be built without a permit and may end up too high. ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES JUNE 8, 1993 Excessive fence heights are almost exclusively in the front yard setback area. The reason for a fence should be aesthetics, not to create a barricade or a fortress-type situation. A letter from Mayor Golden is included in the packet regarding fence heights along Oak Street. She wondered if these same fence heights appeared along Siskiyou Boulevard that exist along Oak Street, what would it look like. The fence in this application is about five feet high in the front yard setback and Staff has recommended denial of this application. PUBLIC HEARING BRUCE AND SANDRA WAND, asked the Commission to consider the car lights that shine in their windows from the two accessways located across from them as unique and unusual circumstances. They gathered signatures from many neighbors supporting their fence. They are willing to drop the height of the fence without making it look like a fortress. The Wands noted how several neighbors obscured Oak Street by means of hedges that can grow to heights greater than allowed. They have tried to be sensitive to the aesthetics on Oak Street with regard to their fence. Jarvis was not convinced the criteria have been met for a Variance and she did not believe there were unique or unusual circumstances. McLaughlin responded that the Commission has the discretion in fence height variances since they are an aesthetic requirement. Is the benefit greater than the negative impact? Cloer is leaning towards Staff's recommendation because he sees Oak Street as changing from a more secluded country area to a city street. As Oak Street changes from a rural to an urban city scape, his bias is for citizens to have visual access to their neighbors. Wand responded that this is an individual case and approval would not open the door to everyone getting approval for fence heights. COMMISSIONERS DISCUSSION AND MOTION Hibbert drives, walks and lives on Oak Street; it is residential with heavy traffic. He would like to keep it the way it is. He believes the fence height should be at 3 1/2 feet in height or that the applicant could plant shrubbery. Approving this application would set a dangerous precedent because he does not believe it meets the criteria. Jarvis does not believe there are any unique or unusual circumstances. She does not want the street walled off from where residents live. Cloer moved to deny the application for a Variance, Hibbert seconded and the motion carried unanimously. ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES JUNE 8, 1993 PLANNING ACTION 93-080 REQUEST FOR A VARIANCE FOR THE FENCE HEIGHT FROM THE ALLOWABLE FOUR FEET TO FIVE FEET FOR THE SIDE YARDS ABUTTING PUBLIC STREETS, FOR THE PROPERTY LOCATED AT 185 OAK LAWN AVENUE. APPLICANT: LYDIA DRESNEK Site visits were made by all. STAFF REPORT The applicants are requesting a fence height Variance for the Oak Street narrow frontage and the Oak Lawn narrow frontage. These are the side yards. Staff recommends the fence be 3 1/2 feet along the front yard and 4 feet high along Oak Street and 5 feet along the Oak Lawn narrow frontage. The applicants will be required to conform with the vision clearance requirements. PUBLIC HEARING LYDIA AND AL DRESNEK said the reason for the Variance is it is a small lot and they want to fence the area to enjoy their privacy. The Dresnek's submitted photographs. BOB BLANKHOLM, 202 Oak Lawn, said he wants to make sure the 25 foot vision clearance is adhered to and enforced. COMMISSIONERS DISCUSSION AND MOTION Hibbert moved to allow the applicant a fence from the applicant's existing fence on the northeast corner of the property, to run a 3-1/2 foot fence all the way around the property line to a point in line with the southwest corner of the house to a point 4 feet from the west property line. The fence can be 4 feet from that point. None of the fence can interfere with vision clearance. Cloer seconded the motion. Hibbert amended the motion to read that "from the northwest corner the fence may be 5 feet in height not to exceed 17 feet in length, then drop the height to 4 feet to the southwest corner of the house." Cloer seconded the amendment. The motion carried unanimously. ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES JUNE 8, 1993 PLANNING ACTION 93-085 REQUEST FOR A CONDITIONAL USE PERMIT FOR AN OUTDOOR FLOWER STAND TO BE LOCATED UNDER THE VIADUCT ON WATER STREET TO OPERATE FROM JUNE 15, 1993 TO SEPTEMBER 30, 1993. APPLICANT: GARY VOGET Site visits were made by all. Hibbert owns property across the street. STAFF REPORT The applicant is requesting to locate a flower stand under the viaduct in the public right-of-way, in the rear portion near the entry of SeNor Gators. The land is state owned and has been improved by the City as part of the downtown improvements. This area is used by the Grower's Market and for a few other gatherings. The Rogue Brewery has a limited license to expand to this area (issued by the State). Staff's concern is that this is a private, for profit concern on public lands. The City has not granted individual vendors permission to sell on public property. The Grower's Market is larger and has a bigger draw. In this case, the benefit is largely to the operator. It could possibly be an appropriate experiment to see how it would work to brighten up an otherwise dingy location and see what happens. Hibbert asked what would happen if another vendor submitted an application near this area. McLaughlin said they would have to apply and then the question would be-- does the Commission want to encourage this type of use? He would like to see an added condition that the applicant be asked to contribute to the downtown parking fund. McLaughlin explained the applicant already pays into the Grower's Market during their season and becomes a part of that group on Tuesdays. PUBLIC HEARING TARYN VOGET, stated they are currently part of the Grower's Market. Last year lots of people came to them asking for bouquets, such as Shakespeare and several traveller's accommodations. She likes the idea of a flower stand on the corner and she feels the area under the viaduct is especially unique. It serves as a big cement area that provides access to other areas. Voget feels it would be fair to pay to use the land. She believes the flower stand would add to the ambience and make a place for locals to use and a product that would be in demand. The area is shaded and cooler to flowers and accessible to local people and at the same time providing an affordable product. Voget showed a drawing of what the stand would look like. She ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES JUNE 8, 1993 6 also added that she thought the addition of the flower stand would increase foot traffic in that area. COMMISSIONERS DISCUSSION AND MOTION Hibbert noted that when he worked for a parks department and they found a need for a public service, they would enter into a contract with someone and then parks would collect a percentage. This might be good in the future if someone wanted to sell their goods on the sidewalk. He thought that considering the guidelines available at this point in time, it would be worth approving this application and giving it a try as it would be an improvement to this area. Jarvis was concerned with the already established businesses and competition. She feels this should be done on private property. Cloer moved to deny and Jarvis seconded the motion. The motion carried with Hibbert voting "no". He would like the others to reconsider their decision as it seems like a worthwhile project. If the City is able to collect the fees (Voget offered $100/mo.), it would improve a portion of the town that has a need for this sort of thing. TYPE I PLANNING ACTIONS PLANNING ACTION 93-072 REQUEST FOR A CONDITIONAL USE PERMIT FOR AN ACCESSORY RESIDENTIAL UNIT LOCATED AT 796 OAK STREET. APPLICANT: RISA BUCK This action was approved. PLANNING ACTION 93-075 REQUEST FOR A SITE REVIEW TO REMODEL AND CONVERT THE EXISTING "CAR WASH" BUILDING LOCATED AT 310 OAK STREET TO RETAIL SHOPS AND/OR GENERAL OFFICES. APPLICANT: TIM CUSlCK & LANCE PUGH This action was approved. ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES JUNE 8, 1993 PLANNING ACTION 93-076 REQUEST FOR A CONDITIONAL USE PERMIT FOR AN ACCESSORY RESIDENTIAL UNIT LOCATED AT 908 OAK STREET. APPLICANT: JAY COSTER This action was approved. PLANNING ACTION 93-077 REQUEST FOR FINAL PLAN APPROVAL AND PHASING MODIFICATION FOR FOUR UNITS UNDER THE PERFORMANCE STANDARDS OPTION LOCATED ON CLAY STREET, NORTH AND ADJACENT TO THE WINGSPREAD MOBILE HOME PARK. APPLICANT: HANK ALBERTSON This action was approved. PLANNING ACTION 93-078 REQUEST FOR FINAL PLAN APPROVAL OF A 32-LOT SUBDIVISION LOCATED AS A WESTERLY EXTENSION OF MILL POND ROAD CONNECTING WITH FORDYCE STREET. This action was approved, PLANNING ACTION 93-079 REQUEST FOR MODIFICATION OF CONDITIONS AND FINDINGS OF THE PREVIOUSLY APPROVED SUBDIVISION OFF SKYCREST DRIVE (PA92-133), APPLICANT: THE WILEY FAMILY). NO CHANGES IN THE APPROVED SUBDIVISION PLAN, NUMBER OF UNITS, OR AREA DEDICATED TO OPEN SPACE ARE PROPOSED. MODIFICATION INVOLVES DELETION OF CONDITION REQUIRING OPEN SPACE DEDICATION. APPLICANT: CITY OF ASHLAND This action was approved. PLANNING ACTION 93-082 REQUEST FOR AN EXTENSION OF A PREVIOUSLY APPROVED FINAL PLAN FOR A FIVE-LOT SUBDIVISION UNDER THE PERFORMANCE STANDARDS OPTION FOR THE PROPERTY LOCATED BEHIND 613 FORDYCE STREET. APPLICANT: A.P. Group This action was approved. ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES JUNE 8, 1993 PLANNING ACTION 93-083 REQUEST FOR A MINOR LAND PARTITION AND VARIANCE TO DIVIDE A PARCEL INTO TWO LOTS FOR THE PROPERTY LOCATED AT 490 STRAWBERRY LANE. VARIANCE REQUIRED DUE TO INADEQUATE PUBLIC FACILITIES (STREET, SEWER, WATER, STORM SEWER). APPLICANT PROPOSING DEED RESTRICTION PROHIBITING ANY DEVELOPMENT OF THE NEW PARCEL UNTIL FULL CITY SERVICES ARE AVAILABLE. APPLICANT: JOHN & TRACY DARLING This action was approved. OTHER Hibbert asked Staff to explore the idea of letting people sell goods on the sidewalk. ADJOURNMENT The meeting was adjourned at 3:45 p.m. ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES JUNE 8, 1993 9