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HomeMy WebLinkAbout1978-0207 REG MIN " ~j e I , -:f" -ROIoL CALL APPROVAL OF MINUTES MINOR LAND PARTITION #351 APPEAL - David Carlson !2ffi~'-dv' ~ - MINUTES OF THE REGULAR MEETING ASHLAND CITY COUNCIL February 7, 1978 Mayor Prickett called the meeting' to order at 7:30 P.M, following the Pledge of Allegiance on the above date in the Council Chambers. Present were Hamilton, Laws, Phelps, McCannon and Ragland. Drescher was absent. City Attorney Salter requested Council clarification of condition in connection with CUP 205 (Oak Knoll Corporation) as it relates to need for off-duty police or security guards and whether the need is to be decided jointly by the Chief of Police and manage- ment of Oak Knoll or Chief of Police alone. Salter said the minutes ot the November 22, 1977 meeting on this issue were unclear. Council agreed it ~as their intent that the Chief of Police would decide need and that Oak Knoll could employ such help as they wish. Councilwoman Hamilton requested correction of minutes of the adjourned meeting of January 24, .1978 on item 118 on page 2 saying that she voted NO along with Drescher. McCannon moved that minutes of the regular meeting of January 17, 1978 and adjourned meeting of January 24, 1978 be approved as corrected; Hamilton seconded and on voice vote, all YES. City Administrator Almquist read a letter from Davis, Ainsworth and Pinnock giving notice of appeal of decisions of Planning Com- mission relative to Minor Land Partition and Zone Variance which it denied. Almquist asked that letter from Davis et al dated December 22, 1977; minutes of the Ashland Planning Commission for meeting of December 14, 1977; staff report of December 14, 1977 and findings of fact as submitted by, applicant 'made a part of the staff report be made a part of the record. . Planner Winterowd explained the request proposing a flag drlve to serve the two lots and pointed out the fact that with the ~oss,of 15' foot for the drive the front parcel would be only 60' ln wldth and the requirement is fo~ 75', Winterowd said the back lot would have access from the flag drive but its depth would be 63?' and the maximum depth required is 150'. Winterowd showed a sllde of the property explaining that the existing house would r~ma~n but the garage would be razed, and noted the Planning Com- mlSSlon had generally accepted the first two Zone Variance criteria but that the effect on the neighborhood criteria with letters from Steve Cross of 760 Clay Street and the Blaine Coldwells of 806 Clay pro~e7ting the proposal caused them to deny application, City Admlnlstrator Almqu~st read a letter from the above mentioned prop- ~rty owners expresslng concerns regarding traffic, off-street park- lng u~e, barriers etc. Winterowd outlined Staff recommendations and clted two specifics I) that 23' be dedicated for street purposes along the rear property line for future extension of Jacquelyn St, and that applicant demonstrate that the rear lot can be connected ' to t~e City sewer system and that 'connection be made to the satis- factl~n of the Engineering Division before the partition is finali- zed. I 2/7/78 Pl!. I Regular Meeting e CARL~ON APPEAL cont. PUBLIC HEARING - COMPo PLAN Agricultural lands B [, G Properties, Oak Knoll Strip Zoning - Nutley St. AshLil1,f Cii:y' c"iifich Tl./7/78 Page 2' .. Mayor Prickett opened the public hearing. David Carlson, applic- ant stressed the fact "that he has exceptional circumstances in that his lot is long and narrow and that he will be happy to revert the necessary 15' for the drive back to the front lot if Jacquelyn Street is ever opened. Carlson,saia it is the policy with the new Comprehensive'~lan to, utilize .space within the Urban Growth Bound- ary by compact building and' this'would serve that purpose and use otherwise wasted space. Carlson said his off-street parking will be screened and 250' back from the street. Need to have Engin- erring approval of creating an easement for the pumping of sewage to the Clay Street line was discussed as was providing a culvert for service of TID water to his neighbor Cross to be run under his driveway. .Almquist read the letter from Stephen Cross and Blaine Coldwell of 760 and 806 Clay Street respectively protesting the application because of traffic concerns by use 'of the flag drive and off-street parking: Ragland said that admittedly it would be poor planning but that it could be a long time before the street was cut ,through and in the interim it would leave the two lots absolutely landlocked. Ragland moved that the appeal be granted with acceptance of the findings of fact prepared by Carlson, with the four conditions recommended 'by Staff and to include a revers- ionary clause relative to the 15 foot flag drive in the event that Jacquelyn Street is extended; McCannon seconded and on roll call vote, passed unanimously. Cynthia Lord asked that agricultural land being farmed and under irrigation north of Main Street and south of Bear Creek not be cut up but be put in the Urban Growth Boundary since there is enougl level land for 'low-moderate cost dwellings south of East Main Street which will be taken in. Lord said we have a period of five years ,to look at the boundaries and change them if necessary. Jim Wright of 1775 Bristol spoke on behalf of M, C. Lininger and announced that Otto Frohnmayer is in the audience.. Wright showed countour maps of property at south interchange adjacent on the east side by- the Greensprings Subdivision, on the north side by the Ashland Hills Development, west side by the Country Kitchen and Voris property. Wright expressed concern that if they go suburban residential which plan calls for that eight of the lots would connect with commercial property and he considers the con- cept poor planning. Wright showed elevations and said instead of the original 35 lots planned for the seven acres he is now able to get only twenty two lots. Wright requested consideration of making the portion of property in question designated as Highway- Commercial. Wright.ctheninvited Council br a" cominittee of Council to "go and look over the gound in the interest of good planning. Wright added that should highway commercial designation be imple- mented, screening would be provided as a barrier between the residential properties and commercial. Frohnmayer thanked Council for its cooperation and said what they have in mind is to develop in such a way that' is best for the City of Ashland. Arlene Mills of 34 Scenic spoke to protest'of the R-3 Zoning which she considers strip zoning along,', Granite Street between Nutley and Strawberry. Mills explained that the block is bordered by 2/7/78 Pg. 2 Regular Meeting e COMP PLAN HEARING cont. Mills - Granite Zoning cont. Property tax - City ,[, School services - quality of drinking water etc. , . 'AsnianO',-l.;lty,l:;OunCLL ,11//0 rg. ..l . <; Nutley, Scenic, and Granite;which had been zoned R-l about a year and half ago and Mr. Reid's petition to have rental prop- erty facing Granite Street was granted and residents had no recourse to protest and stated that it is made up of all single ,family residences 'with exception of Reid "s".property . Mills said the 180' strip is the only parcel zoned R-3' and theLe are twenty'other residences, all R-l. Mills asked that Council re- consider before adoption of comprehensive plan. ' , , Cathy Newcomb/~~~u~~~~H ~fiat Growth,item g,~y~g~_26, be ,amended ,to"address :the fact that at least during inflation, growth does not necessarily mean a higher property tax base unless the people vote approval. On item n, page 27, Newcomb said refusal of tax- payers to vote YES on property tax assessments would mean that City and school services may be spread thinner among a larger number of people with serious consequences ,for both'"capital' , improvements and for operating expenses funded by'the~property tax, and especially for schools, school buildings etc. ',-,l;>ecause of having to rely so heavily on property tax. Newcomb said that since Water Resources Goal was written cons- , truction has begun on TID pipeiine (page 66, Policy B) and it is written to simply provide sufficient water for Ashland resi- dents and said that TID water is not high quality water citing the dumping of garbage and other debris into ditches and that Magnicide H is used every 6 weeks during the summer to counter- act bacteria and has been responsible for death of one quarter million fish in the Rogue River last August. Newcomb asked that the goal include the words HIGHEST POSSIBLE QUALITY and update this section factually outlining the drawbacks of TID water and listing possible sqlutions. Newcomb also requested that page 28, pp 2 read "fulfilling CURRENT needs"and for providing additional services - and cited dirt roads in area of Jr. high as an example, and said ,they should be paved. On page 64 Newcomb said that $35,000 doesn't seem realistic for cost of \ of a school. At this point Almquist said that those statements had been stricken from the document. Newcomb said she felt the costs were useful in the text if they would be more realistic. On page 70" proposal #4 Newcomb pointed out the need for priorities. Almquist said all proposals had been stricken from the text. Newcomb agreed with projection of 21,000 people. On Mayor's question of Alsing as to what tests are run on the TID water, Alsing stated that only bacterialogical tests are made. Richard Stevens of 1070 Emma Street spoke representing the Jackson County Homebuilders Association and addressed Goal 14, the Urban Growth Boundary proposed, and asked that a copy of the report provided Council concerning issues brought up by the Homebuilders be made part of the record, and asked that Council consider those issues in their deliberations in the hearing. About the projected growth to either 21,000, 25,000 2/7/78 Pg. 3 ~~lar Meeting Ashland ,Clty,Council LI 1/ 10 rg. q. . . or 28,000 as was commented on, Stevens said it is not a decision of the Planning Commission to determine growth but to plan with anticipated growth. Stevens wondered if you'plan for a certain population to serve with water and other utilities what would happen when the numbers exceeded the, amount used to plan services, and said we should be planning twenty, thirty [, forty years in advance. Stevens asked Council to consider position taken by Planning Commission and ask that the validity of the population statistics providea by the Planning staff reviewed and some justi- fication for more clear information than he has been able to obtain for the position based on the 2l,OOO amount. Stevens said such information would have great impact on location of UBG, and said that by reducing the size of the UBG that you have taken away the tool which would control the destiny of the community. Stevens went on to say that Ashland now has no urban growth sprawl and added that the possibility of growing north on Hwy 99 was pre- cluded by not being on the plan for future development and that the urban development is already established in the businesses located there already. Stevens said that availability of land is being restricted and that 25% over the population will not meet the needs of Ashland. Stevens recommended that Council accept Planning Commission and Advisory Committee's proposed boundaries. Stevens' said that he felt that he did not have ample opportunity to represent JCHBA and now strongly urged that the most valid recommendation is that of Planning Commission, and urged its adoption. Marilyn Briggs of 590 Glenview Drive spoke opposing the views of Richard Stevens saying that the committees and people of t~e community are getting what they want - and they want it s:ual1. Ragland brought up the matter of the two sections of land located by the Airport as yet not resolved. Almquist said that the one section had been zoned rural residential and Ragland brought out the fact that industrial lands would allow wrecking yards etc. and could be seen from new motel complex and moved that it too be zoned rural residential. Laws seconded. On Phelps ques,tion as to flood plain information, Himes said there was no information' available from Courthouse. Dan Hakes of 2911 Main Street.spoke on his own behalf and that of his neighbor saying they, did not want it zoned light industrial. On roll call on motion to zone rural residential, Ragland, Phelps. McCannon and Laws voted in favor; Hamilton opposed, Motion passed. McCannon said he would like to go out to see B & G properties before final decision. Mayor Prickett said he would IT~ke arrange- ments and that any decision would be made during the first part of the next scheduled meeting. ?/7/7P. Po " ,.Regular Mee ting Ashian3 city cotiti2ii 2/7/78 Pg. 5 .. "MAYOR'S ANNUAL ADDRESS: Deferred MAYOR'S APPOINTMENTS Mayor Prickett feappointed the following to 3-year terms: Hospital Board - Margaret Skerry, Chairman, Roland McCannon, Robert Strow- bridge; Building Appeals Board, Gary Afseth (no term); Sister City Committee ~,Ken Jones, Marvin Kochs, Jose" Ferrer and Grace Kochs; Bikeway Committee - Jim Ragland, Councilman, Dave D'Olivo, Kathy Newcomb and W'. H. Hampton III; Senior Program Board - Merritt Swing, Etta Schilling, Bill Holmes, Alma Williams-Selleck and Gerrie White; Airport Committee - Dr, Stewart Johnson, Cliff Chaney, John Cady, Ray Heald and Robert Reinholdt; Water Advisory Committee Harvey Seeley, Elmer Savikko, William Purdom, Frank MacGraw, Walt Hoffbuhr and Francis Jacquemin, Mayor Prickett said an appointee to the Historic Commission could not accept and deferred appointment temporarily but made Rod Reid Chairman. McCannon moved to accept appointments; Ragland seconded and on roll call, all YES. CITY PLANNER RECOMMENDATION CUP #198 APPEAL - Colony 'Inn USE OF ENGLISH LECTURE HALL FOR CITY MEETINGS PARKS COMMISSIONER BERNARD VIK CONSTRUCTION REQUEST (ASHLAND HILLS PROJECT) PERMISSION FOR PAVEMENT CUT NORMAL AVENUE - SCHULZE Mayor Prickett read a memorandum from City Administrator Almquist recommending Richard Box (presently Planning and Building Director of Josephine County) be hired as City Planner at a salary of $I,450 per month. Phelps moved for approval, Hamilton seconded and on voice vote motion passed unanimously; A letter ,was read from the Frontier,Management Corporation (Colony Inn) appealing denial by the Ashland Planning Commission of CUP #198 to allow Ashland Colony Inn to be used for traveller's accommodations, Prickett set public hearing for February 2l, 1978 at 7:30p.m. Mayor asked for Council recommendation to ask Mr. Almquist to make necessary arrangements for use of English Auditorium for City Council and Planning Commission me~tings and requested that any costs involved be reported back to Council, Prickett also recom- mended that a PA system be checked into along with a taping system. Almquist said he would investigate and report back to the next . meeting. A letter of "resignation from Kay Bernard, Parks Commission Chair- person to become effective March I, 1978 or upon'appointment of a new Commissioner, whichever comes first. Almquist suggested that Parks Commission make recommendation for replacement of Bern- ard. Mayor and Council asked that letter of appreciation be sent by City Administrator. Almquist read a letter from Vik Construction Company requesting permission, to add a night shift for construction of Ashland Hills Motel for interior finishing. Noel Lesley, representing the firm said that it would enable them to meet the deadline and work would be confined to inside the buildings under construction. Ragland moved the request be approved; McCannon seconded and on roll call, passed unanimously. A letter was read from Manfred F. Schulze cut pavement to install sewer line to the necessitating the cutting of the street. seconded by Phelps and passed unanimously requesting permission to Normal Avenue trunk line McCannon moved for approval on roll call vote. ?/7/'70 _,Regular Meeting e MURAi. SIGNS PUBLIC FORUM ORDINANCE TO CHANGE OFFENSES FROM CRIMES TO iNFRACTIONS DANCE, LICENSE APPLICATIONS AIRPORT COMMITTEE RULES [, REGULATIONS Ashlana city c6tmdi 2/7/78 Pg. 6 e A letter from Sally A., Connor, 694 Oak Street was read relative to murals asking for,a public hearing on the matter. Council discussed the matter of murals/signs and Almquist explained he had spoken to Connor and that she was satisfied with the information given her relative to criteria based on ordinance and said she would not be attending the meeting, No action necessary. Bruce D. Smith of 1779 E. Main presented a list of questions,rela- tive to an incident involving Ashland Police Officer Howard Hemp- hill and asked that City Administrator Almquist and Police Chief Hays answer them for the public record, Mayor Prickett said the questions should have been presented in advance and that some of them regard Hemphill who is not even present. City Attorney Salter advised Staff and Council not to address the questions because of possible legal problems. Smith claimed the questioning is not a legal process and that he is not being paid but is asking as an interested citizen, Almquist offered to respond in writing regard- ing general'departmental policy. but not' on the incident involving Officer Hemphill, since this'was~a'personnel matter. ChiefcHays responded to questions regarding'departmental procedures. Jeff Durham of The Tidings said he did not,see anything noted on the morning following the alleged incident during his routine check. Mitch Burrell of 821 Beach Street, Paul Caffrey, 880 Cambridge and Frank Phillips' also had questions for Council and staff, Letters from City Attorney and Police Chief were read relative to changing certain offenses to infractions. City Attorney Salter reviewed the usual procedure calling for certain penalties and providing ,for court appointed attorney and said that in the case of infractions an offender would not be entitled to a court appoint- ed attorney nor a jury ,trial but would still be fined $lOO.OO per day for a maximum penalty each day of violation, Salter explained that most offenses of this nature (regarding weeds, obstruction of sidewalks, junk & nuisances) are usually a value judgment and would not be a case for arrest and/or jail terms. Laws moved that the City Attorney draw up an ordinance to include all items mentioned as infractions and if the Judge and Police Chief feel strongly enough about it they can bring testimony at the first reading; Phelps seconded the motion and on roll call, all YES, Applications for dance licenses (items I thru 4) were presented for approval from Ashland Parks & Recreation in two instances, Southern Oregon Writers Clearinghouse and Ashland ,Community Food- store. McCannon moved for approval; seconded by Phelps and passed unanimously on roll call vote. A memorandum from the City Administrator submitting Rules [, Regu- lations pertaining to the airport was presented and Almquist asked for comment from Airport Committee Stewart Johnson. Johnson said that three public hearings were held and this Resolution with the rules and regulations resulted. Dan Hakes of' 29ll E, Main spoke saying that he took issue with #5'on Page 4 which states that "formation flying 'is prohibited in the traffic pattern, on take- ,Regular Mee t ing . AIRPORT REGULATIONS cont. SAFEWAY TRAFFIC PROBLEM ORDINANCES, RESOLUTIONS ETC. Cemetery Regulations City Recorder's Position Flood Restoration Bonds First Fed, S [, L. Building Valuation Data Ashland City tblihcli 2/7/78 Pg, 7 . off, or landing" because FAA rules clearly set this regulation. Johnson explained that the rule is for transients essentially to make for safer conditions in the absence of a traffic control tower. Mayor requested that the Resolution be published and read by title only at the next mee~ing. Mayor asked that ,a meeting be set up w'i'th Safeway management rela- tive to the traffic problem at Siskiyou Blvd. and Sherman Street and urged members of Council, Staff and Traffic Commission to attend in an effort to resolve the long standing problem. Council- woman Hamilton said sne would arrange a meeting. City Administrator Almquist gave first reading of an ordinance amending Chapter 2,64 of the Ashland Municipal Code relative to cemetery regulations and Laws moved to second reading; Ragland seconded and on roll call vote the motion passed unanimously. A Resolution amending Resolution # 77-27 which pertained to the calling of a special election in May, 1978 was read by Almquist. McCannon moved for adoption; Ragland seconded and on roll call, all YES. A Resolution calling for redemption 'of $220,000 in Flood Restora- tion Bonrn oDApril 1, 1978 was read by the City Administrator and Ragland moved to adopt; seconded by Laws and passed unanimously on roll call vote. A Resolution designating First Federal Savings [, Loan Assn., of Klamath Falls as depository for City funds was read and McCannon moved for adoption; seconded by Ragland and passed without opposi- tion on roll call vote. A Resolution adopting Building Valuation Data and repealing Resolu- tion No, 76-17 was read by the City Administrator. McCannon moved for adoption; seconded by Ragland'and passed unanimously on roll call vote. Meeting at Oak Knoll Subdivision called for at Noon on Wednesday, February 22. Laws asked that memb rs be notified. '/7t~v ,t Nan ,Franklin City Recorder Meeting adjourned at 10:40p,m. /1 . 1j?,{.4(~ ~~~ /. 1". ,I . I . ,;e. ! SA"" B. DAVIS SJONEY E. AINSWORTH DONALD M. PINNOCK .aLLCLJtA~ tcvv 7>~C~ 'f;L-7~7? L....W O,.""CES TnEPHONE e AREA CODE 503 482-3111 DAVIS AINSWORTH & PINNOCK , 515 EAST MAIN STREET ASHLAND, OREGON 97520 VIRGIL L. OSBORN ~ACK DAVIS December 22. 1977 Mr. Brian Almquist Ashland City Hall Ashland, Oregon 97520 Re: David and Mary Carlson Minor'Land Partition No, 351 and Zone Variance No. 328 File No. 77 -701 Dear Brian: On behalf of Mr, and Mrs. Carlson, I would like to give you notice of their intention to appeal the decisions of the Planning Commission relative to the MinoT Land Partition and Zone Variance applications mentioned abo','e, It is our con- sidered opinion that the adverse effects of the partition and variance upon neighboring residents would be completely insignificant anr;cannot jusify the Corrunission's decisions. Furthermore, long range development of the area,would not be adversely affected by the Carlson's proposals, as contended by the Commission, We would like the opportunity to substan- tiate a position before the Council, Please advise me of the date that you set. Yours truly, "/ DAVIS. ,AINSWORTH & PINNOCK JD:pk cc: Mr. Davis Carlson ',\ . :- , \ '- . ~ . -- ----.- -.. ..-' -~ - ." Request for Minor Land Partitipn #351 in conjunction with Zone'V~riance No. 328 an~ an associated subdivision variance to allow the division of one (1) lot into two (2) parcels, where the lot width of 60 feet would be 15 feet less than the required 75 feet, and where the lot depth would exceed the 150 foot maximum. Site is located at 762 Clay Street (tax lot 2401, assessor's map 14B), in an R-l:B-8 single-family resi- dential zone. Mr. Carlson was present Winterowd gave statistical information on the request and said the appL~- cants were asking for a flag drive. ,He showed photo slides and said the house would remain and the garage would be removed. He said the applicant' wished to save the large willow tree and therefore had jogged the driveway aroung it. He said the requirements for paved drive and parking had been ment. Hansen said paving was a very expensive investment. Winterowd said the requirements for the variance had l=en adequately met and that it woulc 'be difficult to use the lot without th,_ variance. He suggested conditions for approval. !'UBLl.C HEARING MLP #35l/ZV #328 DAVID & MARY CARLSON Mr. Carlson commented on a letter of objection from Mr. and Mrs. Stephen P. Cross and Mr. and Mrs. Blaine M. ColdweJI who live at 760 and 806 Clay Street respectively. He said most of the lots in this area had been divided in a haphazard manner and he felt the only way he could gain access to the rear part of his property was by a flag lot. Carlson said he would like tc, remove the old house in about l~ years but needed to use it as a rental at the present time to help finance the proposed new home. He said he was concerned with the appearance of the area and that is why he wished to remove the older house and replace it with a newer one to rent at a later time. He also felt it was important to save the old willow tree because it did enhance the looks of the property. He said he would be living next to the rental and did plan to enforce strict regulations because he wished to have pleasant living conditions. He said the ~roposed driveway would be in the same location as the existing one and b~ felt it would not cause problems to the neighbors because he had received no complaints about the drive since he lived there. He said he was aware of getting the TID water to the Cross's property and was willing to provide a culvert under his driveway or whatever was necessary to accomplish this and that the Commission could make this a condition of approval. He said he ~as also willing to dedicate a strip APC, 12-14-77, Pg. 2 ..-.,..: .,,-~,.,+ .-.-- F 0 , .....,........-.,..-.. --. . 1 ..---~ . . ", , " . ., ., - ~:t~ i~.~-~; . Ashland Planning Commission, 12-14-77 Page 3 at the rear of his property for the :future extension of JaCqUely4lllreet. Mr. Carlson said the allowance of this partition was the only chance he , would have to build himself a dwelling and he was planning a home of about ,1S,OOO square feet. Steve Cross, 760 Clay Street, said the jog in the drive to save the tree would cause the lot to be too-small and there were problems with develop- ing in the back also because of the creek which cuts across the rear of the property. He said they were concerned about the disturbance of cars from the drive, saying there would be twice as much traffic noise, lights and so forth as now. Wenker asked about the placement of the Cross home in relation to the 'Carlson home and Mr. Cross said his kitchen window looked into the Carlson livingroom window. Shapiro pointed out that if Mr. Carlson dedicated property at the rear for the extension of Jacquelyn Street and it was extended in the future this would also allow the Crosses to divide their property. Mr. Cross said this was so, but at the present he was more concerned about family living conditions in the neighborhood and didn't intend to split his property at the present time but may in the future if he couldn't afford taxes because he owned all the property for 400 feet back. Mrs. Cross said Mr. Carlson was correct in his state- ment that there had been haphazard development in the area and that better development should take place. She said a road of Jacquelyn would be to her liking. She also expressed concern about the parking area Mr. Carlson would have to have for his off-street parking and the disturbance it would cause them. She also asked about the barrier between the properties and Winterowd said there were several existing fir trees but Mr. Carlson would have to fill in the gaps with other plantings of suitable height or put up a fence for buffering. Mr. Carlson said the creek comes close to dividing the rear property into two pieces and it was at least 7S' from the rear property line. He said he,plans to leave the creek in the same state as it is now, and the pro- posed house would be 40' to SO' from the creek. ~''''''''i, .~ There were no further comments from tD~ public and the hearing was closed. Alderson felt it was poor planning wh.'1 the City couldn't be induced to cut roads through where they were neeu~d. Winterowd said the City must 'obtain property for streets through dedication, such as would be in the case of this request, or through condemnation where the City would have to pay for it. Shapiro said 23~ feet should be obtained from Carlson for the extension of Jacquelyn Street if the request is approved. The Commission felt there might be a problem with several other requests for flag lots in this area if approval of the request in question set a precedent. Hansen felt that since the Council reduced the Urban Service Boundary there was a need to provide places for people to live within the City"and perhaps flag lots were not the best use but it might be neceSS2~ it Some areas until streets were provided. Winterowd said the cooperation of landowners is needed to get streets through, and although flag lots c2n be approved the City should still try to acquire dedications to get street through. Billings asked Cross what his plans were for his property and Mr. Cross said it would depend a great deal on what the Cou@ission decided on this request. Billings asked Cross if he would be willing to work with the'Commission on a plan to better utilize the property in 'this area. 1he Commission felt it was their duty to try to plan the best use of an area and not allow undesireable things now which would cause problems later when there may be a better solution. Winterowd suggested a condi- for preserving the natural drainageway. APC, 12-14-77, Pg. 3 , ) .,e, STAFF REPORT December 14, 1977 e1 APPL~CATION: Minor Land Partition #351, Zone Variance #328 and associated subdivision variance. APPL~CANTS: David and Mary Carlson LOCATION: 762 Clay Street (tax lot 2401, assessor's map l4B) LOT AREA: Approximately 47,250 square feet or l.l acres. ZONING: R-l:B-8, Single-family residential COMPo PLAN: Medium Density Residential ORDINANCE REFERENCES: 17.16.040, 17.32.020, and 17.08.040 relating to lot dimensions and 18.48.030 PROPOSAL: To divide one lot into two parcels, where (1) Parcel #l would have a lot width of less than the required 75 feet, (2) Parcel 1/2 would have access off a l5-foot drive, and (3) Parcel #2 would exceed the 150-foot lot depth maximum. BACKGROUND: The lot in question has a depth of 630' ~ but is only 75' wide - subtracting the 15' drive there is only a 60 foot lot left. As these Clay Street and Tolman Creek Road lots are developed the City will attempt to gain right-of-way for an extension of Jacquelyn Street. A creek runs through the back portion of the property which could serve as a natural lot line in the future when Jacquelyn Street is extended. APPLICANT'S FINDINGS: 1. Exceptional Circumstances Not Common to Neighborhood. The reason this zone variance is necessary is the fact that my lot is only 75' wide. The dimensions of the lot are 630' x 75' _ slightly more than l.l acre. As there is a natural creek dividing the rear lot and there are, at present, no plans for a City street at the rear of the property, further division would be nearly impossible. 2. Substantial Property Rights. When I purchased the property at 762 Clay Street I was led to believe that the lot was divisible into three separate pieces. The divi- sion of the lot is necessary so that I may utilize part of the property to build a new house for myself and my wife. I will need to leave the existing building in place as a rental for a short period of time in order to defray somewhat the costs _of ob- taining a building loan. 3. Affect on Neighborhood, Public Welfare, and Property. The construction of a new house (see attached map for location) will have little or no effect on the property or property rights of my surrounding neighbors. A new house on this property will have a somewhat beneficial effect as regards the general appearance of the neighborhood. I would eventually like to remove the older dwelling on the front half of the property and build another small house (probably less than 1600 square feet) which would further enhance the value and appearance of the surrounding area. I will provide, on request, signed statements to this effect. o ~J MLP #351 & ZV #328 page~ -' AN~~YSIS OF APPLICANTS' FINDINGS: Each of the criteria listed above must be adequately addressed before a zone variance may be granted. The ,more drastic the proposed change, the greater the burden of proof on the applicant. The general area between Tolman s1zes. There are several long, shorter lots, of varying sizes. the applicant at this time. The key question is whether the evidence as vresented is adequate to justify a lot width reduction of 15 feet, The lot in question is exceptionally long and narrow. The appli- cant does have considerable square footage (just over an acre), so that there is a reason- able argument that to disallow this partition would be a hardship on the owner. Insofar as the thrid criteria is concerned - that of any adverse affect on the neighborhood or the general welfare - staff would suggest that concrete evidence of neighboring residents' approval of the project be supplied. Creek Road and Clay Street is composed of a mixture of lot deep lots running the full 630 feet, as well as many There appears to be no other option than a flag lot for STAFF COMMENTS: The applicant has thought through most of the problems associated with flag lots: parking spaces have been provided; there is adequate landscaping and screening of the flag drive; and paving has been indicated to the required Minor Land Partition ordinance standards. However, Staff is concerned about possible grade problems for sewer. The land appears to be extremely flat, but a slight downward 'slope would likely require that sewage be pumped to the Clay Street line. If this application is approved, staff would suggest the following conditions: 1. That 23\ feet be dedicated for street purposes along the rear property line. 2. That the applicant demonstrate that the rear lot can be connected to the City sewer system, and that provision for this connection be made to the satisfaction of the Engineering Division before the partition is finalized. , ' , ~, ~J 'NO~' IS HEREBY GIVEN THAT ON TUESDAY FEBRUARY 7, 1978, AT 7:30 P.M. . ..Tt~UNCIL CHA}IBERS OF CITY HALL, ASHLAND, OREGON, THE CITY COUNCIL WHOLD A PUBLIC HEARING FOR THE PURPOSE OF CONSIDERING AN APPEAL OF THE FOLLO~ .~ PLANNING CmlNISSION DECISION; , . "-~-1 .... , y {; ;?-,t ":~ / ,,.; , / ;' *:2... . p .~.. f7' --:-:> c.~_2Z__~_t:X:O:~?Y"':;6-;)._. .--- _ _"(!.~::~ ?::; _...::..-=! ;.1 .0__.2~ 2~._~.T~ ~I /'?": :tk/ Ll'\'>,;;i1jq Jf,r/d.(/~" ILP:::,::;,~:o:ci> -:!::;;.:=:~~:= I t -r J I' If you should have any ue~tions ' or comments concernlng tllis-request, please contact Greg Winterowd at the , ~anning,_..Departmen.t....or-call 482-32ll, ext. 47. '\ \ i i I I , 1 ,<' -.::. ~ .'- ~ .~; i ~-:.:~.-.. . ~--;:.- -: ~.! l~ ~ t\< (~ ~ 1 1./' " ! ~ c1 ~ ------ .--------..- l----~~ \ ' , '.._ 11.--1- ' i ,i>' 7:)/-4,1/15 J; ,c:e7 ,~ _I- i ii : I\d . , ; . I ) ~. l_~___~_.~._~.-. -.-- ; i ~ ' 1 ~ oJ , ~, . I ~ ~; ~o :lA?:~--:::A _G,:;;.::=,- , ..j ~, " c! . , ' ; I \~ '_ ' ,Denial' of Minor Landpa' it ion No. 35" in'conjunction with Zone Variance ifu~--?28 '''l:n~dn ssociated subdivision _ aT~ance to allow the division of one (1) ~!!nto 't-\ 0 (2 parcels, whj'ere the 10 ~dth of 60 feet would be 15 feet less th'a.( thj(/ j:.eq 'r d 75 feet', and where tl e ~1-ot depth ,,,ould exceed the 1 50 foot maxi nf'>;;::Site:(s located at 762 Clay tJ-.bet (tax lot 2401, assessor's map 14B), in an ':-Jt.-l si e-family esidentia '~'bne. Appellants: David & Nary Carls('n ,~ ..... ,Ir '>- /-1<.:: ~ . . i~ I I ! \ I i i \ -1---------. ! I \j ~' 5>" , , . " , ' . -......