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