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HomeMy WebLinkAbout1995-12-12 Hearings Board MIN ASHLAND PLANNING COMMISSION HEARINGS BOARD MINUTES DECEMBER 12, 1995 CALL TO ORDER The meeting was called to order at 1:35 p.m. by Vice Chairperson Steve Armitage. Other Commissioners present were Bingham and Giordano. Staff present were Molnar, Knox, and Yates. APPROVAL OF MINUTES AND FINDINGS Bingham moved to approve the Minutes of the November 14, 1995 Hearings Board meeting. Giordano seconded the motion and all approved. TYPE II PUBLIC HEARING PLANNING ACTION 95-116 REQUEST FOR A CONDITIONAL USE PERMIT TO CONSTRUCT AN ACCESSORY RESIDENTIAL UNIT AT THE REAR OF THE PROPERTY LOCATED AT 687 BEACH STREET. APPLICANT: BOB & JOY ZIEHL This action has been postponed. PLANNING ACTION 95-117 REQUEST FOR A CONDITIONAL USE PERMIT TO CONSTRUCT AN ACCESSORY RESIDENTIAL UNIT AT THE REAR OF THE PROPERTY LOCATED AT 679 BEACH STREET. APPLICANT: MAGGIE ANNSCHILD & ALLEN THOMASHEFSKY This action has been postponed. PLANNING ACTION 95-132 REQUEST FOR A TWO-LOT MINOR LAND PARTITION, CONDITIONAL USE PERMIT AND SITE REVIEW TO OPERATE AND CONSTRUCT SEPARATE, DETACHED MOTEL UNITS. 323 HELMAN STREET APPLICANT: BRAD ROUPP Site Visits and Ex Parte Contacts Bingham and Armitage had site visits. STAFF REPORT Knox outlined the proposal as detailed in the Staff Report. The applicant has tried to mitigate any conflicts with the surrounding neighborhood. The use will act like a traditional hotel use with intermittent trips being generated. The parking area has been divided into two locations. Staff has recommended approval and attached several conditions. Knox said Condition 16 should be added to read: "That the non-used existing curb cut on Hersey Street be filled prior to issuance of certificate of occupancy". Add Condition 17, "That front yard fencing parallel to Helman Street be limited to three and one-half feet in height and meet the vision clearance standards". Armitage expressed a concern abut cars backing onto Hersey Street from the parking area. Giordano agreed and said guests would not be familiar with the area enough to know that Hersey is a busy street. PUBLIC HEARING BRAD ROUPP, 1085 Deer Vista Lane, would like to be able to have the ability to convert these units to residential. If his vacation home business should fail, he would like to be able to convert to the present use. Roupp stated a fence is critical to the existing project. With a taller fence, the first structure would be looking into Parsons Pine storage area. The four parking spaces are the best possible for the site to meet the requirements. He noted that all other parking off Hersey backs onto the street. Knox noted both existing units are still functioning as a single family residence. There has been parking for four spaces that exit onto Hersey. Molnar said under this approval, Roupp would be obligated to use three units for traveler's accommodations and the two remaining would be residential. JERRY SIVIN, President of Parsons Pine, 295 Helman, is disturbed at how business and industry are completely ignored in this city. When the buffer zone was put in, it was to protect businesses from neighbors. He favors Roupp's project. Sivin takes noise readings once a week to make sure Parsons stay within the allowable noise levels. He requested a condition be added stating that the property owner recognize the adjacent neighboring zones and will refrain from harassment. Giordano was confused whether Sivin wanted residential or not. Sivin said this application is the best residential for which he could ask. Molnar said a condition should have been listed requiring a hold harmless agreement. RICH ROHDE, 124 Ohio Street, lives behind the proposed project. He is concerned with cars backing into the alley, increased traffic and the probability the alley will end up being paved. There are nine children in the area that use the alley heavily. He would request that the applicant not be required to sign an agreement to form a local improvement district. Staff said there were no plans to pave the alley in the near future. FRANK HEPER, 4211 West Griffin Creek, Medford, owner of 325 Helman (right next door) said he had been afraid Parsons was going to buy 323 and use it for lumber storage. He wondered if there was any fencing proposed between his lot (3800) and the applicant's. He has a concern if these units convert to long-term rentals because of parking; each unit would require two spaces. FRED ROBERTS, property owner of 300 Helman Street, wanted to strongly reinforce Sivin's remarks for the City to recognize the importance of an industrial area. It is totally necessary that the recognition of this fact by Mr. Roupp carry over into any subsequent owner that may come along with the property. Molnar reiterated that Staff is suggesting the Commission add an additional condition with approval that will require the applicant and future property owners to have entered into a hold harmless agreement, recognizing the zoning and what comes with that zoning. The city will enforce the levels of intensity of use of the E-1 zone. ROUPP agreed with Jerry Sivin but wondered if the new Mouse Trap owners would have to sign a hold harmless agreement. He does not want to build a sidewalk for his neighbor and would ask that each ASHLAND PLANNING COMMISSION 2 HEARINGS BOARD MINUTES DECEMBER 12, 1995 homeowner be responsible for their section of sidewalk. He could split the cost of a fence with his neighbor but he does not want to bear the total expense. COMMISSIONERS DISCUSSION AND MOTION After listening to the proposal, Giordano still had serious concerns about cars backing out into the street especially because there is a bikeway down Hersey. If someone gets hit backing out, who is responsible? Would it be the city? He feels strongly there should be a hold harmless agreement. Because of close proximity to lot 3900, Giordano believes there should be a privacy fence installed by the applicant. He did not feel a sidewalk would be necessary. Bingham said it would be helpful to know what is going to happen to the four-way stop at Helman and Hersey. He believes the fence should be a shared responsibility. And while the use of this property is changing, it does not appear to be intensifying. Bingham would favor the conditions discussed plus the hold harmless. Add Condition 16 to fill in the non-used curb cut on Hersey Street and Condition 17 to review the fence height prior to the Certificate of Occupancy. Bingham suggested adding a condition that the parking be configured in such a way that the cars would not back out onto Hersey with the final design to be approved by the Staff Advisor. RE-OPEN PUBLIC HEARING ROUPP never thought if the walnut tree was removed that there would be more room for parking. He thought the only way a different parking configuration would work would be to modify the structures, which he had not intended to do. COMMISSIONERS DISCUSSION AND MOTION Knox wondered what would happen if a curb cut was made further away from the intersection. He would need to talk to the city attorney to see what the city's liability would be in case of an accident. Armitage asked that a condition was needed so the property owners could share in the cost of the fence. Bingham moved to approve 95-116 with the three added conditions in addition to the 15 provided by Staff. The three conditions include: Condition 16) That the non-used existing curb cut on Hersey Street be filled prior to issuance of a Certificate of Occupancy; Condition 17) That prior to issuance of a building permit, the fencing be reviewed to meet the R-1 fencing standards with the exception of the corner unit's fence height. In any case, the vision clearance requirements shall be met; Condition 18) That prior to issuance of a building permit the property owner sign a hold harmless agreement recognizing the uses in the E-1 zone. Giordano seconded the motion. Armitage wanted to see if a solution could be made to the back-out problem. The motion carried with Giordano voting "no". ASHLAND PLANNING COMMISSION 3 HEARINGS BOARD MINUTES DECEMBER 12, 1995 TYPE I PLANNING ACTIONS PLANNING ACTION 95-130 REQUEST FOR A CONDITIONAL USE PERMIT FOR AN ACCESSORY RESIDENTIAL UNIT LOCATED AT 728 FAIRWAY COURT. THE ACCESSORY UNIT IS TO BE LOCATED ON THE LOWER FLOOR OF THE HOUSE. APPLICANT: O. M. LISONBEE This action was approved. ADJOURNMENT The meeting was adjourned at 4:00 p.m. ASHLAND PLANNING COMMISSION 4 HEARINGS BOARD MINUTES DECEMBER 12, 1995