HomeMy WebLinkAbout1993-10-12 Hearings Board MINASHLAND PLANNING COMMISSION
HEARINGS BOARD
MINUTES
OCTOBER 12, 1993
CALL TO ORDER
The meeting was called to order by Brent Thompson at 1:35 p.m. Other
Commissioners present were Bingham and Medinger. Staff present were McLaughlin,
Molnar, Knox, and Yates.
APPROVAL OF MINUTES AND FINDINGS
Medinger moved to approve the Minutes and Findings of the September 14, 1993
Hearings Board meeting. Bingham seconded the motion and the Minutes and
Findings were approved.
McLaughlin reported that negotiations on PA 93-100 (Mark Hill) were being pursued as
per last month's meeting.
TYPE II PLANNING ACTIONS
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.
COMPREHENSIVE PLAN DESIGNATION: SINGLE FAMILY RESIDENTIAL;
ZONING: R-1-5; ASSESSOR'S MAP #: 4BD; TAX LOT: 1500.
APPLICANT: LANCE & VIRGINIA HONDA
Site Visits and Ex Parte Contacts
Site visits were made by Bingham and Medinger.
STAFF REPORT
Molnar reported that this property is adjacent to Oak Meadows subdivision and the
applicant is asking to split their parcel into two with the rear being a flag and
accessing Oak Street. Seventy-five percent of the lot is located in the floodplain
corridor. The action was reviewed last month as a Type I. The Commissioners have
a revised preliminary plan in front of them today with a map that is more legible. The
main issue is the land exchange between the applicant and the developer of Oak
Meadows subdivision that would allow enough area for a flag drive to the rear parcel.
At this time, there is no clear information as to whether the exchange has been
accepted. If accepted, the application will be fairly straightforward and could be
approved. There would be no further development of this parcel due to the floodplain.
If the exchange is valid, the application appears to meet the criteria for approval with
the seven additional Conditions. Molnar noticed during a site visit that there appears
to be a utility pole fairly close to the entrance to the flag drive. He suggested a
Condition 8, if approved, that the utility pole be relocated at the expense of the
property owner in order to construct the drive with the location to be determined by
the Electric Department. If the property line dispute cannot be resolved, the
application will not meet the criteria. The survey would not be approved.
PUBLIC HEARING
JOHN HASSEN, 929 Oakdale, attorney representing Honda, said there is an
approximate nine foot strip of land between the fence and survey line that is in
dispute, however, he is anticipating another agreement will be reached. He explained
that the he was told by the surveyor it is possible that the boundary line for the
neighboring subdivision does not include any of the disputed territory. If the nine foot
strip is in Honda's name, there is sufficient room to allow the flag drive. This could be
resolved by an agreement. If an agreement cannot be reached, then the dispute
would be over whether Greene (Oak Meadows developer) had acquired title to the
nine foot strip through some type of adverse use or whether the Honda's actually own
the property to the survey stakes. The owner of Lot 1603 does not claim any right to
the disputed strip. Hassen is requesting approval of the partition with the attached
Conditions and a Condition added to resolve the boundary line with Greene and if not,
the matter will be settled in court or by arbitration or by establishing where the true
property line is. He believes the criteria have been met.
VIRGINIA HONDA said the Planning Commission recommended that she work with
Greene to reach an agreement for access to the rear parcel. She would be willing to
provide a privacy fence for Lot 1603.
Bingham wondered about relocating the flag to the other side of the property. Hassen
said Honda's recollection is that there is too much established growth on the other
side to prevent that option.
DON GREENE, 375 Normal Avenue, said he is not opposed to the application. He
said there is a boundary line problem with the whole area along Oak Street. All the
lots are off between nine and thirteen feet. He has not been able to come to an
agreement with the Hondas and he has asked his attorney to file for adverse
possession. The fence line has been in place for over 40 years. He asked that this
application be conditioned upon settlement of an adverse possession suit. Medinger
asked if there was settlement on the north property line and Greene responded that he
gave the north strip to the property owners to the north. Greene also answered
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HEARINGS BOARD
OCTOBER 12, 1993
MINUTES
Thompson that there is a pedestrian easement between Oak Meadows lots 7 and 8
toward the creek area.
Bingham thought it would seem logical to access Honda's proposed rear parcel from
Greene's subdivision. Greene said it would impact those two lots and would also
require a modification of his subdivision.
DAVID GUERRIERO, 963 Oak Street, owns the property adjacent to the applicant. As
proposed, this driveway will require another curb cut and will create an alley. It would
also create two consecutive 90 degree turns, making it unsafe for a fire truck to
access and would require removal of the existing fence and removal of a barn besides
the expense of a very long driveway. The flag will devalue Guerriero's property with
additional traffic volume added next door to him. He is concerned it would invite the
parking of RV's and would reduce his solar access. He proposed using the existing
fence for the boundary line and to give some area for Greene's lots, thus increasing
the value of Greene's lots, and allow Honda access between lots 9 and 10 to their rear
parcel.
HASSEN agreed with Guerriero, but how do you get there? There are things Hondas
would give up for having access through the subdivision. They would give up the nine
foot strip and would allow access to the creek.
HONDA was very interested in the proposition by Guerriero. She would relinquish the
nine foot strip except the portion they would need to cross into their lot. If Greene had
been willing to do this, Honda suggested that she would give up the back portion of
the parcel so his entire development could enjoy the creek by way of a foot path.
Hassen said he would support this matter being continued and he would like to see
Guerriero involved in an agreement also.
COMMISSIONERS DISCUSSION AND MOTION
Medinger moved to continue PA93-108 until the November Hearings Board. Bingham
seconded the motion and it carried unanimously.
PLANNING ACTION 93-119
REQUEST FOR A SITE REVIEW TO REPLACE THE EXISTING BUILDING WITH A
TWO-STORY COMMERCIAL (1836 SQ. FT. DOWN)/RESIDENTIAL (817 SQ. FT.-
UPSTAIRS) STRUCTURE. FOUR DIAGONAL PARKING SPACES TO BE
ACCESSED OFF OF THE ALLEY. COMPREHENSIVE PLAN DESIGNATION:
EMPLOYMENT; ASSESSOR'S MAP #: 9BA; TAX LOT: 3500.
ASHLAND PLANNING COMMISSION
HEARINGS BOARD
OCTOBER 12, 1993
MINUTES
APPLICANT: TOM FRANTZ
This planning application has been postponed until the November Hearings Board.
PLANNING ACTION 93-124
REQUEST FOR A CONDITIONAL USE PERMIT TO CONVERT AN EXISTING
HOUSE TO AN ACCESSORY RESIDENTIAL UNIT AND CONSTRUCT A SINGLE
FAMILY RESIDENCE ON THE SITE FOR THE PROPERTY LOCATED AT 1380
MADRONE STREET. COMPREHENSIVE PLAN DESIGNATION: SOUTHERN
OREGON STATE COLLEGE; ZONING: R-1-7.5; ASSESSOR'S MAP #: 15BA; TAX
LOT: 1000.
APPLICANT: JOHN WESTON
Site Visits and Ex Parte Contacts
Medinger stepped down during this hearing as he is representing Weston.
Bingham had a site visit.
STAFF REPORT
Medinger confirmed that Weston received the letter from Ron Bolstad, SOSC, and
Weston said he would entertain an offer with the college. However, Weston wishes to
proceed with the request for approval because he is not certain what the college will
offer.
McLaughlin said when parcels in the SO zone are not in ownership of the college, the
parcel is zoned R-1. The applicant is requesting to build an additional house on the
property and convert the existing home to an accessory unit. The Commission heard
a similar application previously, however, the existing house was 1200 square feet and
the applicant wished to build a 28 square foot house. The Commission felt it was
inappropriate to consider the existing home as accessory and the decision was
partially made on the scale of the house. In the Weston action, the lot is almost the
double the minimum lot size and the existing home is relatively small, under 1000
square feet; the living area is under 700 square feet. The intent of the ordinance
seems to work in this instance. The only concern is with parking in the front yard
setback area. There is an attached Condition covering this and Staff recommended
approval.
PUBLIC HEARING
LARRY MEDINGER, representing John Weston, 1308 Madrone, reported there were
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OCTOBER 12, 1993
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large cedar trees behind the house and any kind of modification of the small house
would impact the trees. Therefore, the trees would make a sort of natural boundary
line between the smaller house and the proposed house. Bingham wondered if there
would be any problem with parking behind the house. Medinger said there would not
be.
COMMISSIONERS DISCUSSION AND MOTION
Bingham moved to approve PA93-124 with the attached Conditions. Thompson
seconded the motion and it carried unanimously.
TYPE I PLANNING ACTIONS
PLANNING ACTION 93-120
REQUEST FOR A MODIFICATION OF THE PREVIOUSLY APPROVED SITE
REVIEW FOR THE NATURAL HISTORY MUSEUM TO CONSTRUCT A HOUSING
FACILITY FOR BIRDS OF PREY LOCATED AT 155 WALKER AVENUE. SMALL
STRUCTURE TO BE LOCATED BEHIND THE EXISTING STRUCTURE AT 155
WALKER AVENUE AND BE COMPLETELY FENCED.
APPLICANT: PACIFIC NORTHWEST MUSEUM OF NATURAL HISTORY
This action was approved.
PLANNING ACTION 93-121
REQUEST FOR FINAL PLAN APPROVAL OF A 5-LOT SUBDIVISION UNDER THE
PERFORMANCE STANDARDS OPTIONS FOR THE PROPERTY LOCATED TO
THE WEST OF THE CUL-DE-SAC OF IVY LANE.
APPLICANT: RANDY WARREN
This application was called up for a public hearing.
PLANNING ACTION 93-123
REQUEST FOR A SITE REVIEW TO CONSTRUCT A FELLOWSHIP HALL TO THE
REAR OF THE EXISTING SANCTUARY. THE EXISTING STRUCTURE WILL BE
DEMOLISHED AT 48 FIFTH.
APPLICANT: FOURSQUARE CHURCH
This action was approved.
ADJOURNMENT
The meeting was adjourned at 3:00 p.m.
ASHLAND PLANNING COMMISSION
HEARINGS BOARD
OCTOBER 12, 1993
MINUTES
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