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HomeMy WebLinkAbout2000-11-14 Hearings Board MIN ASHLAND PLANNING COMMISSION HEARINGS BOARD NOVEMBER 14, 2000 MINUTES CALL TO ORDER The meeting was called to order at 1:40 by Vice Chair Chris Hearn. Other Commissioners present were Alex Amarotico and Mike Morris. Staff present were Mark Knox, Maria Harris, Brandon Goldman, and Sue Yates. APPROVAL OF MINUTES AND FINDINGS: The Minutes and Findings of the October 12, 2000 were approved. TYPE II PUBLIC HEARING PLANNING ACTION 2000-103 REQUEST FOR A CONDITIONAL USE PERMIT FOR AN EXPANSION OF THE CURRENT SCHOOL USE AT 631 CLAY STREET, BY AN ELEMENTARY LEVEL CLASS, UTILIZING A NEW THREE-CAR GARAGE STRUCTURE ADAPTED FOR CLASSROOM USE. THIS GARAGE STRUCTURE WILL BE USED FOR A PERIOD OF TWO YEARS, ENDING JUNE OF 2002, AT WHICH TIME THE STRUCTURE WILL REVERT BACK TO A GARAGE USE. COMPREHENSIVE PLAN DESIGNATION: SINGLE FAMILY RESIDENTIAL; ZONING: R-1-5; ASSESSOR'S MAP #: 39 1E 14 BB; TAX LOT: 1300. APPLICANT: CLAY STREET COMMUNITY CHURCH OF GOD Site Visits and Ex Parte Contacts – Site visits were made by all. STAFF REPORT Harris reported that recently a 7800 square foot structure was built on the site. The applicant is asking that the structure be used for a period of two years. The City plans to improve Clay Street in the year 2005. The church obtained a Conditional Use Permit in 1995 to operate a private school. The maximum occupancy is 50 (students and teachers), K-8, and hours of operation are 8:00 to 3:00 p.m. Monday through Friday. It is Staff’s understanding that the proposal is not to expand the number of students but the facilities inside the building are becoming too crowded and they need more classroom space. Harris said this application was approved in October 2000 administratively and was called up for a public hearing. A permit was issued in June for a garage. The issue came to light because the building has been used since it was built without approval. The first two CUP criteria are pretty clearly met. The main issue is with the third criteria--looking at the effects of the proposed classroom compared with the target use of the zone. The target use is six to seven single family homes. Vehicle impact is about the same for a classroom or a little less than for six to seven homes. The architecture is compatible. The main issue is the in and out traffic at the beginning of the day and the end of the day and how it impacts the neighbors. Also, the day to day activities of going from the main structure to the smaller structure and any sort of outdoor play activities. Staff has suggested the south property line be screened to vehicular traffic from the neighbors. Also, that the applicants look at the play area boundary and consider keeping outdoor activities to about 30 feet inside of that area. The focus has been on the south property line because that is where the neighbors are the closest. PUBLIC HEARING LARRY MEDINGER, 115 Fork Street, stated he is the parent of a child in the school. His company, Medinger Construction, built the structure. There were some American’s With Disabilities (ADA) issues that have been resolved. The structure should now be in compliance with the building code. The class is the former sixth grade class from the Waldorf School (20 children). They had short notice to find a home for the kids and their teacher. The Church of God offered classroom space. They saw value in keeping the classes together. TED FLETCHER, member of Church of God and building designer, mentioned only way he could get a permit was to take out a garage permit. There was a miscommunication along the way. The three-car garage is anticipated to be attached to the parsonage for the pastor after two years. MEDINGER said six to seven single family homes have ten vehicle trips per day each. That is considerably more trips than generated by the school. They have tried to respect the neighbors. He agreed with the Conditions as outlined by Harris. Morris asked for additional information about the classrooms. Medinger said two classrooms are being used within the church. The school uses four rooms. Amarotico wondered why they would only need the school for two years. Medinger said in two years the kids will be starting high school. BILL MARSHALL, 678 Glendale, stated that his property borders the school on the west side. The application for a garage precluded public notice given to the neighbors. It does not look like a garage. Anyone who was opposed to it, did not have the early opportunity to respond. The building was well under construction at that time. There is a water ditch that runs behind their property and goes alongside Clay Street Community Park. There was an old fence bordering the apartment property to the north. The fence was removed and blackberries were removed in order to allow a footpath to Clay Street Community Park. The children cross everyday into the park. He is not certain about the danger of them crossing. They cross at the corner of his property. There is noise from the children in crossing and at recess. He does not care now, but if he wants to sell his property, it creates a problem. Marshall called the Parks Department and they said they would look into this. Marshall said the crossing is open to public traffic now and is an unofficial entry to the park. DAN GRAY, 8975 Highway 66, Ashland, stated he is the property owner on the south side. His problem with this application is with the procedure taken. Having built in the neighborhood and having gone through the CUP process, he felt insulted by the process used by the church and by Larry Medinger and his company. It seems to be one of those avenues of begging forgiveness rather than asking permission and going through the correct process. He is not opposed to the school. Shortly after they moved into the building, they did not have a Certificate of Occupancy for the building still being built as a garage and yet there were students moving in. His tenants notified him that the children’s outdoor noise and activity was annoying. The building looks like it has the potential for a second floor. He is guessing they will be back to ask for an apartment. It is a back-handed way of doing business. Rebuttal Medinger knew the children went to the park but he will make sure there is adult supervision when the children cross and go to the park. He understood there is a neighbor tenant who has had trouble with the children’s noise because she is sleeping during the day and has been awakened. The pastor talked to her as soon he heard of the noise problem and told the Commissioners space and time will be respected. The building is being built with a second story. He had told John McLaughlin and Bill Molnar. COMMISSIONERS’ DISCUSSION AND MOTION Amarotico wondered about the policy for someone operating without a permit. Harris said the code compliance officer contacts the person/business and tries to get the situation corrected. The city tries to work it out without issuing citations. Hearn asked for Staff’s comments about the way this application was approached. Harris said the applicants were up front about saying they would use this structure as a school in the future. At the same time, the building permit that was pulled showed garage doors and it was very specific on the building ASHLAND PLANNING COMMISSION 2 HEARINGS BOARD MINUTES NOVEMBER 14, 2000 permit that the applicant had to go through a CUP process before the structure could be used for a school. It sounds like there was some misunderstanding on their part. The best we can do at this point is correct it. Amarotico moved to approve PA2000-103. Morris seconded the motion and it carried unanimously. TYPE I PLANNING ACTIONS PLANNING ACTION 2000-102 REQUEST FOR A SITE REVIEW TO CONSTRUCT A 12,000 SQUARE FOOT WAREHOUSE LOCATED AT 1090 BENSON WAY. COMPREHENSIVE PLAN DESIGNATION: EMPLOYMENT; ZONING: E-1; ASSESSOR'S MAP #: 39 1E 14 D; TAX LOT: 201. APPLICANT: JERRY TONEY CONSTRUCTION This action was approved. PLANNING ACTION 2000-104 REQUEST FOR A CONDITIONAL USE PERMIT AND SITE REVIEW TO EXPAND THE EXISTING HOTEL AT 70 WATER STREET TO SEVEN UNITS, INCLUDING A RESTAURANT/BAR FACILITY FOR USE BY GUESTS (NOT OPEN TO THE PUBLIC). COMPREHENSIVE PLAN DESIGNATION: EMPLOYMENT; ZONING: E-1; ASSESSOR'S MAP #: 39 1E 04 CC; TAX LOT: 6300. APPLICANT: BING SHELDON This action was approved. PLANNING ACTION 2000-105 REQUEST FOR A SITE REVIEW TO CONSTRUCT AN 8,290 SQUARE FOOT GENERAL OFFICE BUILDING AT 559 SCENIC DRIVE. THE PROPOSED PARKING AREA WILL BE ACCESSED FROM A DRIVEWAY APPROACH FROM CATALINA DRIVE, WHILE THE EXISTING DRIVEWAY APRONS ON MAPLE STREET AND SCENIC DRIVE WILL BE PERMANENTLY CLOSED OFF. COMPREHENSIVE PLAN DESIGNATION: HEALTH CARE; ZONING: HC; ASSESSOR'S MAP #: 39 1E 05 DB; TAX LOT: 2400. APPLICANT: ASHLAND COMMUNITY HOSPITAL This action was called up for a public hearing. PLANNING ACTION 2000-106 REQUEST FOR A CONDITIONAL USE PERMIT AND SITE REVIEW TO CONSTRUCT A NEW OWNER’S COTTAGE AND INCREASE THE NUMBER OF TRAVELER ACCOMMODATIONS UNITS FROM THREE TO FOUR FOR THE PROPERTY AT 239 OAK STREET. COMPREHENSIVE PLAN DESIGNATION: MULTI-FAMILY RESIDENTIAL; ZONING: R-2; ASSESSOR'S MAP #: 39 1E 04 CC; TAX LOT: 6600. APPLICANT: SUE AND JOHN BLAIZE This action was approved. PLANNING ACTION 2000-107 REQUEST FOR A VARIANCE TO REDUCE THE SIDE YARD FROM SIX FEET TO THREE FEET – TWO INCHES IN ORDER TO ALLOW FOR THE PLACEMENT OF A HISTORIC BUILDING ON THE PROPERTY LOCATED OFF LAUREL STREET, BETWEEN 192 VAN NESS AND 248 LAUREL. COMPREHENSIVE PLAN DESIGNATION: HIGH DENSITY MULTI-FAMILY RESIDENTIAL; ZONING: R-3; ASSESSOR'S MAP #: 39 1E 04 CC; TAX LOT: 801. APPLICANT: JAMES NIEBEL This action was approved. ASHLAND PLANNING COMMISSION 3 HEARINGS BOARD MINUTES NOVEMBER 14, 2000 PLANNING ACTION 2000-108 REQUEST FOR A SITE REVIEW TO REMODEL THE EXISTING BUILDING AT 552 “A” STREET. A VARIANCE IS REQUESTED TO REDUCE THE REQUIRED NUMBER OF PARKING SPACES FROM FIVE TO THREE IN ORDER TO PERMIT THE REHABILITATION OF A HISTORIC BUILDING. COMPREHENSIVE PLAN DESIGNATION: EMPLOYMENT; ZONING: E-1; ASSESSOR'S MAP #: 39 1E 09 AB; TAX LOT: 5300. APPLICANT: CAROL HORN DAVIS This action was approved. ADJOURNMENT – The meeting was adjourned at 3:30 p.m. ASHLAND PLANNING COMMISSION 4 HEARINGS BOARD MINUTES NOVEMBER 14, 2000