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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 ASHLAND PLANNING COMMISSION 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 ASHLAND PLANNING COMMISSION HEARINGS BOARD OCTOBER 12, 1993 MINUTES 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 5