HomeMy WebLinkAbout1998-09-08 Hearings Board MIN
ASHLAND PLANNING COMMISSION
HEARINGS BOARD
MINUTES
SEPTEMBER 8, 1998
CALL TO ORDER
The meeting was called to order at 1:35 p.m. by Chairman Steve Armitage. Other Commissioners present
were Mike Morris and Chris Hearn. Staff present were Bill Molnar, Mark Knox and Susan Yates.
TYPE I PLANNING ACTIONS
PLANNING ACTION 98-087
REQUEST FOR A MINOR LAND PARTITION TO DIVIDE A PARCEL INTO TWO LOTS AT 1338 SEENA
LANE
APPLICANT: MELANIE MINDLIN
This action was approved.
PLANNING ACTION 98-091
REQUEST FOR A SITE REVIEW FOR THE CONSTRUCTION OF A 8, 290 SQUARE FOOT MEDICAL
OFFICE BUILDING LOCATED AT 559 SCENIC DRIVE.
APPLICANT: ASHLAND COMMUNITY HOSPITAL FOUNDATION
There was a request filed for a public hearing but withdrawn. The neighbors had concerns about access.
The access will be just from Catalina.
PLANNING ACTION 98-066
REQUEST FOR FINAL PLAN APPROVAL UNDER THE PERFORMANCE STANDARDS OPTION FOR A
49-UNIT MIXED DENSITY RESIDENTIAL DEVELOPMENT FOR THE PROPERTY LOCATED ON
WILLIAMSON WAY AND HERSEY STREET.
APPLICANT: DOUG NEUMAN/MIKE MAHAR
This action was approved.
TYPE II PUBLIC HEARINGS
PLANNING ACTION 98-033
REQUEST FOR A SITE REVIEW TO INSTALL A DISC ANTENNA AT 1650 CLARKE AVENUE.
PROPOSED LOCATION FOR DISC (7’-6”) HAS CHANGED FROM THE REAR OF THE BUILDING TO
THE PARKING LOT SIDE OF THE BUILDING.
APPLICANT: SEVENTH DAY ADVENTIST CHURCH
Site Visits and Ex Parte Contacts - Site Visits were made by Morris and Armitage.
STAFF REPORT
This action was heard before the July 14, 1998 Hearings Board with most of the discussion centered
around the location of the disc antenna. The proposal being presented today just changes the side of the
gable where the disc is proposed to be located. Molnar showed a photo montage submitted by the
applicant and describing where the proposed disc antenna will be located.
Molnar said the main standard Staff has used to locate a disc is to choose the least visible location as
viewed by city streets and residential properties. The direction was given to the applicant at the last meeting
to work with neighbors and satellite dish experts to find a suitable location for the disc. Most of the concerns
at the last meeting were from residents on Garden Way. Staff feels the location presented today is more
visible from city streets and without any discussion with property owners along Harmony Lane or Oakway
Circle, more visible to some of those areas. It is a difficult site and the disc will lend itself to only particular
locations on the site.
Molnar said this is not the worst location but one other alternative might be the center gable as it would be
less visible from some of the surrounding streets. He was hoping there would have been a little more
analysis by someone in the industry explaining why at least other areas on the site were insufficient. It
seems some of the impacts may just shift to other neighbors.
PUBLIC HEARING
Bill Pugh, representing the Seventh Day Adventist Church,1650 Clarke Street explained they chose the
original location because it was the only location to receive the signal . The church is a random user.
Trying to keep it as hidden as possible they kept it on the gable. They met with all neighbors objecting to
the satellite and brought in an expert installer. The option was to move to other side of gable, still visible
from Heiner’s yard but not the area he uses. Yes, it does make it more visible to Clarke Street and the first
house on Oakway Circle. It is in a lower location on the roofline and stays below the treeline. It is below the
skyline. In this location it disappears as best as possible. A two foot dish would not work because it has a
lower power signal.
Armitage wondered about putting it on the ground next to the church building. Pugh said locations were
considered on the ground next to the community service building but the signal could not be picked up on
the ground, just the roof.
Armitage asked Pugh if the proposal is the least visible overall. Pugh affirmed and said a tree is growing
that will eventually sit between the street and the disc.
HOWARD HEINER, 784 Garden Way, objected last month because of the location of the dish. He met with
church people and experts and they are amenable to the location chosen at this time. However, if that
location is refused or moved to the south side, he would have to object.
Hearn asked if the proposal is the least visible location as viewed from the neighboring properties. Heiner
said, no, but it is for him. It is obviously more visible to those on Clarke and maybe passersby.
Staff Response - Molnar would agree with Pugh that the disc will be primarily viewed from Clarke and
Oakway Circle. Because of the elevation, he is concerned from a planning viewpoint. It is good they had
an expert going through the site. This is difficult because of the location is surrounded by three streets.
Pugh said he did not speak with either residence on Clarke. Molnar said notices went to residents on
Clarke and Oakway Circle.
Armitage thought it seemed the ground location on the side would be the least visible from Clarke and
Oakway. Molnar said setting the dish at the rear of the building would allow it to better blend and not be as
visible from the street.
Rebuttal - Pugh said if the dish is located on the ground, it might have to be elevated to clear the roofline. It
would have to go up about six feet.
COMMISSIONERS’ DISCUSSION AND MOTION
Hearn moved to approve PA 98-033 with attached Conditions. Morris seconded the motion. The motion
was voted on unanimously.
PLANNING ACTION 98-088
REQUEST FOR A REVISION TO A PREVIOUSLY APPROVED BUILDING ENVELOPE AND SOLAR
WAIVER AT 1607 PEACHEY ROAD.
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APPLICANT: KIRT MEYER
Site Visits and Ex Parte Contacts - Site Visits were made by all.
STAFF REPORT
Knox explained this property has a great deal of history associated with it as outlined in the Staff Report.
The proposal is for a building envelope modification and solar waiver. The property was annexed in 1989
and partitioned in 1996 with a variance. The variance was for having one extra lot off a private road. The
applicants justified the variance application stating the envelopes would set the buildings back from the
creek and limit impacts on the creek and set back the building from the adjacent property owners. Staff felt
that was an acceptable proposal. In 1997, the applicants asked for a building envelope modification and
solar waiver.
Now new applicants are asking for a minor amount more. Staff has some concerns. The integrity of the
original comprehensive application has been somewhat degraded due to the number of changes. It would
have been unfair to the neighborhood to not have a public hearing. Lastly, the proposal that is before the
Hearings Board today is for an envelope modification (blue line on the site plan) which is currently an
adopted envelope. The yellow area on the site plan was allowed in the last application allowing an outdoor
patio area. The applicant is proposing to enclose the yellow area and add another 30 square feet making it
about 90 square feet. In looking at the original variance request, the reasons for justifying it were because it
did not close the conservation corridor. This application would close up that area.
The solar variance being requested creates an approximate 74 ½ foot shadow. It is about 25 feet beyond
what the fence would shadow. The plans the applicant has submitted are purchased plans that are two-
dimensional and do not consider topography constraints, solar envelope, building envelope and therefore
the lot has to be fixed to fit the house. Usually building plans are received that have been drawn by a local
designer who would take into account natural features of the land. The house could be designed around
those constraints and still work.
Molnar has struggled with this application. He has viewed it more a modification of the 1996 approval. At
that time, the applicant offered points in that application which made it similar to a subdivision. Now there
have been a number of planning actions that have whittled away the original plan. The applicant inherited
the lot with a history with it. This is more than an incremental change.
Hearn recalled considerable discussion about the setback to the riparian area in the request in 1997. He
remembered talking about one to two feet making a difference in the riparian area. He also recalled when
the applicant came before them there were concerns about eroding of the original application.
PUBLIC HEARING
KIRT MEYER, 2909 Dead Indian Memorial Road and VADIM AGAKHANOV, 117 Garfield Street testified.
Agakhanov said he is the local designer who redesigned the plans. He took off a huge porch. They are
trying to meet the CC&R’s. The neighbors do not object. The house will be fourteen feet from the creek
allowing space for trees to grow. The solar will not shadow the house because it is in the corner and no
one will develop that part of the property.
Meyer said because the elevation of the property being shadowed is elevated and if a six foot fence were
built it would create a 23 foot shadow. The foundation will be about a foot underneath with excavation
underneath.
RICHARD LUCAS, 1632 Ross Lane, represents himself and his wife and Kerry Lay. The application has
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incrementally changed over time. If you take any variance, it seems minor, but over time it has become
more major. He feels the applicants are trying to be honest but there is still the issue of what is necessary.
The applicants inherited a piece of property that had the problems they were not informed about. The solar
shadow is a definite indicator of the size of the house. He agrees that fitting a pre-existing design on the lot
is a problem. There are only so many configurations of plans they could have. It would be helpful to
reduce the roof pitch. He is glad they are trying to keep the foundation a little lower. He does not believe it
would be that difficult to design a house that will meet the criteria. Now it seems to be a problem to have
the extra lot with a large house.
JOHN KLEIN, 1000 Walker, said he is not opposing development, but everything was fine until Starr
(previous applicant) sold 1010 Walker. At that time a proposal came asking for a variance for the drive to
access. Then he received another notice requesting another variance. He realizes the variances are not
self-imposed by the new owners but he sees it relating all the way to the original owners which have led to
everyone else from here forward requiring a variance.
Staff Response - Knox said changes in the roof pitch could shrink the volume of the building. He told
Agakhanov if he makes any changes, they need to be reflected on the plans the Planning Department has.
Hearn wondered what part of the application pertains to the Minor Land Partition criteria. Molnar said there
is not clear criteria for adjusting a building envelope.
Hearn asked to what extent the green square on the site plan affects the visual corridor. He believes it will
affect it from a not yet built house. Molnar said it depends on what the impression is of the visual corridor.
Any increase in the envelope towards the riparian ,even though this is incremental, will diminish the visual
corridor.
Molnar said in addition to showing a habitable structure is not shaded (solar waiver) it also needs to be
shown there are unique or unusual circumstances about the site which justify a waiver. The applicants
have discussed topography and lot configuration.
Rebuttal - Agakhonov said after 5:00 or 6:00 p.m., there is no shadow at all. Concerning changing the
roofline, the bedrooms have to be fire accessible. By lowering the roof and windows they will lose the
classical American design.
Meyer said they put the garage on the north side to keep it as non-invasive as possible. The roof has to be
that high for the room above the garage.
Morris asked how tall the building will be. Agakhanov said it is roughly 27 feet and they are lowering it to 25
feet.
COMMISSIONERS’ DISCUSSION AND MOTION
Hearn said when someone owns both tracts (solar), he leans toward not being too concerned about the
solar variance. Knowing the history of the property overall, he can understand both sides.
Armitage said with regard to the solar variance, there won’t be a problem for future buildings and the
shadow does not reach Ross Lane. What are unique and unusual circumstances? Molnar said the high
point of the house scales off at 31 feet.
Armitage said this property has gone through many changes. There was a proposal for a structure that did
meet the criteria and with a waiver already granted. Armitage has a difficult time trying to find unique and
unusual circumstances with the applicants saying a house cannot be built. He does not consider the
building envelope to be unique or unusual. It cannot meet the criteria with the present design.
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Morris said the addition of the new area seems minor as does the solar, however, he was not on the Board
during the other applications.
Morris moved to approve the application. There was no second and the motion failed.
Armitage said this could be called before the full commission.
Armitage moved to deny PA98-088. Hearn seconded the motion. The motion was approved with Morris
voting “no”.
APPROVAL OF MINUTES AND FINDINGS
Morris moved to adopt Findings for PA09-033 (Seventh Day Adventist). Hearn seconded and the Findings
were adopted.
ADJOURNED - The meeting was adjourned at 3:45 p.m.
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