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HomeMy WebLinkAbout1993-09-14 Hearings Board MINASHLAND PLANNING COMMISSION HEARINGS BOARD SEPTEMBER 14, 1993 MINUTES CALL TO ORDER The meeting was called to order by Brent Thompson at 1:35 p.m. Commissioners present were Bingham and Medinger. Staff present were McLaughlin, Molnar and Yates. MINUTES AND FINDINGS Approval of the Minutes and Findings will be deferred until the evening meeting. TYPE II PUBLIC HEARINGS PLANNING ACTION 93-100 REQUEST FOR A VARIANCE TO ALLOW FOR A DRIVEWAY TO BE CONSTRUCTED AT AN 18 PERCENT SLOPE RATHER THAN 15 PERCENT AS REQUIRED BY ORDINANCE, FOR THE RESIDENCE TO BE LOCATED AT 201 GLENVIEW. ALSO REQUESTING A PHYSICAL CONSTRAINTS REVIEW PERMIT FOR PROPERTY LOCATED IN THE WILDFIRE LANDS AND EROSIVE AND SLOPE FAILURE LANDS. APPLICANT: MARK HILL Site Visits and Ex Parte Contacts Thompson visited the site and noted that the property was steep with many trees. Bingham had a site visit and saw no sign posted. He also noticed the steepness of the property and thick vegetation. STAFF REPORT Molnar said Staff approved this application last month but it was called up during last month's Hearings Board because the Board wanted to see an alternative design to meet the requirements. The site is consistently steep (49% slope) and the lot was created in 1967 before the slope ordinance was in effect. Molnar stated that the applicant is requesting a variance to allow for the driveway to be at a slope of 18 percent rather than the 15 percent required. The driveway will be approximately 70 feet in length and must meet the standard of a flag drive. A variance can be granted for a grade up to 18 percent. The applicant believes he has a unique situation because the lot was created some time ago. The Minutes from the Historic Commission are included. The Commission should ask if a home could be built on this property without having a variance for the driveway grade or could a different house design be utilized so a different driveway could be used. If the Commission decides to approve, six Conditions are attached. MEDINGER ARRIVED AT THE MEETING. PUBLIC HEARING DON GREENE, contractor, 375 Normal Avenue, helped Hill design the house. Because the lot is steep, they required a variance for the driveway. Greene spent a great deal of time designing the house in a way that would not impact the site any more than necessary and still meet the requirements of the City. Greene was not aware of the relatively new ordinance with regard to driveway grades. He has designed a fairly long, narrow house placed perpendicular to the slope, minimizing cuts and fills. The foundation wall on the garage will maintain the slope. Greene designed a hip roof to keep the height down and decks across the rear wall to give a vertical break. The decks will be the owners outdoor space rather than a graded yard. MARK HILL has spent a lot of money trying to minimize the slope. He believes the ordinance shows flexibility because it allows for a variance. If the variance is not allowed, what will be gained by denying it? He does not see how he could sell this lot if the variance is not granted. How could it be developed? Medinger wondered if Greene had considered raising the garage and not the house. Greene responded they would then have to raise the turnaround. Medinger thought a fire sprinkling system and raising the garage might be an answer. KEITH WOODLEY, Fire Chief, said the purpose of rewriting the driveway standards was to allow people to build in areas such as this lot. The variance can be granted provided a residential fire sprinkling system is installed. A work area is necessary to manipulate the ground ladders. Thompson thought it seemed like there would be so much fill. He suggested a pedestrian path that could come up from Fork Street. Also, he thought the City should consider a land swap because all of the Glenview right-of-way may not be needed. McLaughlin said any kind of swap of the driveway area (the piece of land along Glenview that could be used for a driveway) would be a Council action and could take up to six months. If Hill had planning action approval, he could still look at another course of action. Hill said he would be interested in a land swap. Thompson said he had a pedestrian path or stairs in mind and that Hill should speak with Ken Mickelson of the Parks Department. ASHLAND PLANNING COMMISSION HEARINGS BOARD SEPTEMBER 14, 1993 MINUTES COMMISSIONERS DISCUSSION AND MOTION Thompson felt this variance request met the criteria for unique or unusual circumstances, preservation of property rights, and the conditions have not been self- imposed. Bingham moved to approve Planning Action 93-100 adding Condition 7 that the applicant pursue the possibility of a land swap with the City of Ashland in order to reduce the cost of excavation and fill and to provide a potential public access from Fork to Glenview. The motion carried unanimously. PLANNING ACTION 93-116 REQUEST FOR A CONDITIONAL USE PERMIT FOR A THREE-UNIT TRAVELLER'S ACCOMMODATION AND OWNER'S UNIT LOCATED A 117 NORTH MAIN STREET. ACCESS IS VIA THE ALLEY FROM HIGH AND CHURCH STREETS. APPLICANT: BLANCHE CHICK Thompson had a site visit and noticed the property was for sale. Bingham had a site visit and looked at the property from High Street and Main Street. He had trouble understanding what retaining wall would be removed. STAFF REPORT This application involves a request for three traveller's accommodation units and the owner's unit. Several concerns were raised in the Staff Report based on lack of evidence presented by the applicant. The target use needs to be compared to a duplex, and no evidence regarding interior floor space has been provided, and no evidence has been provided that clear easements exist for the applicant to use this alley. Also, there have been no provisions made for the saving of trees in the parking area and no information was submitted regarding exterior or interior changes. The Commission will need to listen to the testimony and see if the additional information submitted by the applicant at this meeting will meet the burden of proof. PUBLIC HEARING STEVE JANNUSCH, 1657 Old Stage Road, Central Point, explained that there is no hard data available on how much traffic is generated from a traveller's accommodation, therefore making it difficult to compare the use to a duplex. Jannusch did a study of adjacent traveller's accommodations and most guests walk to the downtown and have one vehicle trip per day per unit. Typically, there could be ASHLAND PLANNING COMMISSION HEARINGS BOARD SEPTEMBER 14, 1993 MINUTES 3 less than one vehicle trip per day. A duplex would generate 15 vehicle trips per day. Even with the required parking, maximum lot coverage will be 32 percent, under the maximum 65 percent for a duplex. Also, each unit will have in excess of 400 square feet. Jannusch believes access has been addressed in three ways: 1) prescriptive easements, 2) the alley has been in use much longer than 10 years (adverse user), and 3) this is the only means of accessing the rear of the property. Jannusch had letters of willingness from the property owners to provide easements. With regard to the trees, one tree is only four years old and the best tree is a cedar tree. He felt the burden of proof had been met. DAVID FlSSY, 125 N. Main Street, owner of the Queen Anne, thought the proposed application would make an excellent traveller's accommodation. The house has historical significance that might be brought out if it were used as a traveller's accommodation. He noted that cars usually stay parked at his accommodation during the visitors entire stay, resulting in few to no vehicle trips. KEN BRADSHAW, 122 High Street, observed while out in his garden that the traveller's accommodations create almost no traffic because they are in such close proximity to downtown. He would favor this application. BRAD PARKER, 137 N. Main, Coolidge House, also confirmed that traffic generated by travellet's accommodations are almost nil. He felt there would be very little impact on the alley and he supports the application. BOB MCGUIRE, 310 York Street, said Irma Woods, a neighbor is fully supportive of this application. JON REINHART, 159 N. Main, stated it would be against health codes for guests enter through the pantry. Guests have to go through the front of the house. Reinhart noted that the Redwing Bed & Breakfast is on its third owner and the Queen Anne on its second owner and several in town are for sale. There are currently 45 traveller's accommodations in town. JANNUSCH, in rebuttal, stated the retaining wall to be removed is in the southwest corner. He said there is no alley standard available. The applicant would ask in their literature for guests to enter from Church Street and exit on High. Thompson informally asked the neighbors in the audience if there could be an agreement as to the ingress and egress on this application. The owner of the Queen Anne said he would like to leave the access as it is since it has never been a problem. ASHLAND PLANNING COMMISSION HEARINGS BOARD SEPTEMBER 14, 1993 MINUTES Jannusch added that the pantry does not have to remain a pantry if entry through it is a problem for the Health Department. COMMISSIONERS DISCUSSION AND MOTION Thompson agreed that there would probably be more vehicle trips per day if the property were a duplex. He is concerned if it should be two or three units and he felt uncertain by the double loaded parking. It was disturbing to Medinger that this application is being made to be used as a selling point for the property and the present owner is not really interested in using it as a traveller's accommodation, therefore it does not seem like a real application. He also complained to the applicant's representative that a packet of evidence was presented to them to read at the beginning of the meeting. Bingham wondered if the application should come before the Full Commission because of access and gross floor area. He does not see that the ordinance is clear as to what constitutes gross interior floor space. Thompson thought the sale of property was irrelevant. Medinger expressed concerns about the Condition 3 (easements). McLaughlin said wording could be added to Condition 3 "prior to the adoption of Findings". Bingham moved to approve with the attach 10 Condition and the addition of the wording above to 3. Thompson seconded the motion and it carried with Medinger voting "no". TYPE I PLANNING ACTIONS PLANNING ACTION 93-093 REQUEST FOR A SITE REVIEW FOR THE CONSTRUCTION OF A NEW COMMERCIAL BUILDING WITH THREE RESIDENTIAL APARTMENTS TO BE LOCATED IN THE RAILROAD SUBDIVISION AT THE NORTHWEST CORNER OF FIFTH AND A STREETS. APPLICANT: J. ELLEN AUSTIN McLaughlin suggested looking at changing the density in certain E-1 areas to a higher density. Otherwise, the units could end up being fairly spacious. ASHLAND PLANNING COMMISSION HEARINGS BOARD SEPTEMBER 14, 1993 MINUTES PLANNING ACTION 93-108 REQUEST FOR A MINOR LAND PARTITION TO DIVIDE A LOT INTO TWO PARCELS FOR THE PROPERTY LOCATED AT 943 OAK STREET WITH A FLAG DRIVE FROM OAK STREET ACCESSING THE REAR PARCEL. APPLICANT: LANCE & VIRGINIA HONDA This action was called up for a public hearing. PLANNING ACTION 93-111 REQUEST FOR A MINOR LAND PARTITION TO DIVIDE A LOT INTO THREE PARCELS LOCATED AT 1355 E. MAIN STREET. APPLICANT: CLYDE & CYNTHIA MARTIN If there is another application, the Commission would want to see a master plan. PLANNING ACTION 93-112 REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW FOR THE STRUCTURAL ALTERATION AND EXPANSION OF A NON-CONFORMING STRUCTURE (CARPORT) LOCATED AT 124 Nob Hill. APPLICANT: CHRISTINE EDNER This action was approved. PLANNING ACTION 93-113 REQUEST FOR A CONDITIONAL USE PERMIT TO CONSTRUCT AN ACCESSORY RESIDENTIAL UNIT LOCATED AT 676 LIBERTY STREET. APPLICANT: SCOTT KURTZ & ELLEN WALSH This action was approved. PLANNING ACTION 93-114 REQUEST FOR A MINOR LAND PARTITION TO DIVIDE A PARCEL INTO TWO LOTS LOCATED AT 44 CHURCH STREET. ALSO, REQUEST FOR A SITE REVIEW (PLANNING ACTION 93-106) TO CONVERT AN EXISTING STRUCTURE TO AN OFFICE AT THE SAME LOCATION. APPLICANT: DAVID & PATRICIA SPRAGUE This action was approved. ASHLAND PLANNING COMMISSION HEARINGS BOARD SEPTEMBER 14, 1993 MINUTES ADJOURNMENT The meeting was adjourned at 4:15 p.m. ASHLAND PLANNING COMMISSION HEARINGS BOARD SEPTEMBER 14, 1993 MINUTES