HomeMy WebLinkAbout2010-04-13 Planning MIN
ASHLAND PLANNING COMMISSION
REGULAR MEETING
MINUTES
April 13, 2010
CALL TO ORDER
Chair Pam Marsh called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers, 1175 East Main Street.
Commissioners Present: Staff Present:
Larry Blake Brandon Goldman, Senior Planner
Michael Dawkins Derek Severson, Associate Planner
Dave Dotterrer Richard Appicello, City Attorney
Pam Marsh April Lucas, Administrative Assistant
Melanie Mindlin
Mike Morris
John Rinaldi, Jr.
Absent Members: Council Liaison:
Debbie Miller Eric Navickas, absent
ANNOUNCEMENTS
Senior Planner Brandon Goldman introduced the City’s new Assistant Planner Michael Piña to the Planning Commission.
CONSENT AGENDA
A.Approval of Minutes.
1. March 9, 2010 Planning Commission Minutes.
Commissioners Dotterrer/Dawkins m/s to approve the Consent Agenda. Voice Vote: all AYES. Motion passed 8-0.
PUBLIC FORUM
No one came forward to speak.
TYPE II PUBLIC HEARINGS
A.PLANNING ACTION: #2009-00726
SUBJECT PROPERTIES: 720 Grandview Drive
APPLICANT: McDonald, Lynn & Bill
DESCRIPTION: Appeal by Bonnie Brodersen of the Staff Advisor’s decision to approve a Physical and
Environmental Constraints Review Permit for the property located at 720 Grandview Drive. Planning Action
#2006-01784 previously granted approval for development in the Wrights Creek Floodplain and Riparian
Preservation Lands for the improvement of a portion of an existing driveway, re-grading the transition of the
driveway to Grandview Drive, the installation a private storm drain and the extension of utilities to serve a new
single-family residence. The current application again requests a Physical & Environmental Constraints Review
Permit for development in the Wrights Creek Floodplain and Riparian Preservation Lands for the improvement of
a portion of an existing driveway, re-grading the transition of the driveway to Grandview Drive, the installation a
private storm drain and the extension of utilities to serve a new single-family residence. The current request
differs from the previous approval in that it involves alterations to accommodate changes in vehicular access. A
request for a Tree Removal Permit to remove two dead poplar trees is also included. COMPREHENSIVE PLAN
DESIGNATION: Single Family Residential; ZONING: R-1-10; ASSESSOR’S MAP #: 39 1E 05 CD; TAX LOT: 500.
Commissioner Marsh read aloud the public hearing procedures for land use hearings.
Ashland Planning Commission
April 13, 2010
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Declaration of Ex Parte Contact
Commissioners Dawkins, Blake, Mindlin, Dotterrer, Rinaldi and Marsh reported site visits. No ex parte contact was reported by
any of the commissioners.
Commissioner Marsh read aloud the applicable criteria for this planning action; she also noted a letter was submitted by the
Appellant, Bonnie Brodersen, requesting the record be kept open for 7 days.
Staff Report
Associate Planner Derek Severson presented the staff report for this application. He reviewed the location of the subject
property, the Applicant’s prior approval, and their current proposal. He explained the Applicant had previously received
approval to improve the driveway leading to their property which crosses the corner of tax lot 411. At the time, the owners of
tax lot 411 verbally agreed to an access easement; however the Appellant, Bonnie Brodersen, is now the owner of that
property and is not willing to grant the same easement. Due to this change in access, the Applicant’s are proposing to
construct a new driveway that would be located 13 ft. closer to the creek in order to avoid the corner of the Ms. Brodersen’s
property. Mr. Severson noted the previously approved improvement would have resulted in approximately 324 sq. ft. of
disturbance within the riparian zone, and the current proposal will result in 743 sq. ft. disturbance.
Mr. Severson addressed the concerns raised by the Appellant. He clarified while staff does not believe the proposed driveway
improvement will impede access to the Appellant’s property, staff is recommending that the Applicant’s landscape plan be
revised to ensure future access to this property. He stated the Appellant has also raised objections with which ordinances
apply. Mr. Severson clarified the bulk of the Applicant’s property, including the area identified in the application, are entirely
below 25% slope, and therefore the Severe Constraints ordinance does not apply. Additionally, the Water Resources
ordinance does not apply because this application was submitted prior to that ordinance taking effect.
Mr. Severson clarified this application was previously granted an extension and has been extended again through the
Recession Extension Ordinance. He explained the question before the Commission this evening is whether to approve the
driveway improvement which results in 743 sq. ft. of disturbance. He clarified this application is substantially the same as the
previous application and results in the same end product on the ground. He stated the Applicant’s have exhausted all of their
options to access their property from the only available right of way and stated staff is recommending the Commission’s
approval.
Applicant’s Presentation
Mark Bartholomew/Applicant’s Representative/Mr. Bartholomew introduced Landscape Architect Kerry KenCairn, Engineer
Mike Thornton, and noted the applicant Lynn McDonald is also present. Mr. Bartholomew stated the staff report does a good
job of identifying the issues and presenting the history as clear as possible. He commented that they have been working on
this for many years and provided some background on this project. He explained this action started as a simple building
permit, but that administrative approval was appealed by the neighbor, Bonnie Brodersen. He stated the Applicants voluntary
remanded the application and the City agreed to address Ms. Brodersen’s assignments of error. The application was taken
before the Planning Commission and approved, but that approval was then appealed by Ms. Brodersen. An appeal hearing
was held in front of the City Council and the Council upheld the Planning Commission’s decision. Ms. Brodersen then
appealed the Council’s decision to the Land Use Board of Appeals (LUBA), who also ultimately upheld the City’s decision. Mr.
Bartholomew explained that following the affirmative LUBA decision, the Ms. Brodersen purchased the adjacent property and
will not grant the same easement identified in the original application. With that option exhausted, Mr. Bartholomew stated
they are now forced to construct a separate driveway closer to the creek. He stated they have no other alternative and this is
the only access to the property.
Mr. Bartholomew clarified the portion of land that would be disturbed is further away from the creek than the existing
Grandview Drive, and stated the Land Use Code allows for this as long as the disturbance is kept to a minimum.
Mr. Bartholomew acknowledged the Appellant’s request to leave the record open for 7 days and asked that they be granted
an additional 7 days to submit final written argument.
Ashland Planning Commission
April 13, 2010
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Public Testimony
Joseph Bova/821 Grandview/Voiced his support for the Commission’s approval of this application and stated construction of
a single family home in this location will be an improvement to the neighborhood. Mr. Bova commented on the Appellant’s
objections and stated the nearby intermittent creek is non-fish bearing and is not a significant riparian corridor. He thanked the
Applicants for the measures they are taking to keep pollutants from entering the creek and stated the proposed driveway may
actually reduce the amount of sediment. Mr. Bova commented that the Appellant in this action raised the same arguments in
the mid-1990’s when she appealed the building site for his home. He questioned the Appellant’s motivations and stated if she
truly cared about the environment she would grant the easement that would allow the driveway to be located further back from
the riparian area. But since she is unwilling to do so, the Applicants are forced to move the driveway closer to the creek. Mr.
Bova concluded his testimony by encouraging the Commission to support this Application.
Rebuttal by the Applicant
Kerry KenCairn/Project’s Landscape Architect/Noted a concern has been raised in regards to the Ponderosa Pine tree and
noted the Arborist’s letter included in the packet indicates there is no threat to this tree as part of this application. She added
they are doing everything they can to stay as far away from the creek as possible. In regards to the proposed condition to
modify their landscape plan, Ms. KenCairn stated she did not realize this was an access lot and stated it will not be a problem
to modify the landscape plan.
Mike Thornton/Project Engineer/Stated they have done the minimal amount possible in terms of road construction in order
to provide this access. He stated they understand the importance of protecting the riparian corridor and stated they believe
their small impact will have no net negative impact on this riparian habitat.
Commission Marsh closed the public hearing at 7:40 p.m.
Questions of Staff
Mr. Severson clarified staff is asking that the Applicant’s landscape plan be adjusted so that their plantings do not impede
future access to the adjacent tax lot.
In terms of the new driveway, Mr. Severson clarified the Applicant’s will have to grade a transition from the gravel to a paved
surface.
Commissioners Dotterrer/Rinaldi m/s to leave the record open until April 21, 2010 at 4:30 p.m. (final written
arguments will be due by April 28, 2010 at 4:30 p.m.) and to continue this item to the May 11, 2010 Planning
Commission meeting. Voice Vote: all AYES. Motion passed 7-0.
OTHER BUSINESS
A.Approval of Findings for 2010-2020 SOU Campus Master Plan (PA-2009-00817)
Commissioners Dawkins/Morris m/s to approve the Findings for Planning Action 2009-00817. Voice Vote: all AYES.
Motion passed 7-0.
ADJOURNMENT
Meeting adjourned at 7:50 p.m.
Respectfully submitted,
April Lucas, Administrative Assistant
Ashland Planning Commission
April 13, 2010
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