HomeMy WebLinkAbout1998-001 Findings - JohnstonBEFORE THE ASHLAND CITY COUNCIL
JACKSON COUNTY, OREGON
January 6, 1998
IN THE MATTER OF PLANNING ACTION ~97-085, REQUEST FOR A )
VARIANCE TO INCREASE THE NUMBER OF LIVESTOCK, OVER THE )
AGE OF SIX MONTHS, PERMITTED ON THE PROPERTY. )
SPECIFICALLY, THE REQUEST IS FOR 15 LLAMAS OVER THE AGE )
OF SIX MONTHS, RATHER THAN 10 LLAMAS AS REQUIRED BY )
ORDINANCE, FOR THE PROPERTY AT 1405 TOLMAN CREEK ROAD. )
)
APPLICANT: Sherry Johnston )
FINDINGS,
CONCLUSIONS
AND ORDERS
RECITALS:
1) Tax lots 308, 314, 316, 317, 400 and 501 of 391E 23BA is located at
1405 Tolman Creek Road; Single-Family Residential.
2) The applicant is requesting a variance to increase the permitted
number of livestock over the age of six months on the property. Under
the Ashland Land Use Ordinance and based on the aggregate size of six
tax lots, the subject property is permitted to have a maximum of 10
llamas over the age of six months. The proposal involves a variance to
increase the number of livestock, over the age of six months, per acre.
Specifically, the request is to permit 15 Llamas, over the age of 6
months, to reside on property rather than a total of 10 as required by
ordinance. Site improvements and supporting documents are on file at the
Community Development Department.
3) The criteria for Variance approval are found in the Variance
Chapter 18.100 and are as follows:
(1) That there are unique or unusual circumstances which apply to this
site which do not typically apply elsewhere.
(2) That the proposal ' s benefits will be greater than any negative
impacts on the development of the adjacent uses; and will further the
purpose and intent of this ordinance and the Comprehensive Plan of the
City.
(3) That the conditions or circumstances have not been willfully or
purposely self-imposed.
4) The Council, following proper public notice, held a Public Hearing
on December 16, 1997, at which time testimony was received and exhibits
were presented. The Council denied the application as presented, noting
that the application failed to meet the required criteria for approval
of a Variance described in 18.100.
Now, therefore, the Council of the City of Ashland finds and concludes
as follows:
SECTION 1. EXHIBITS
For the purposes of reference to these Findings, the attached index
of exhibits, data, and testimony will be used.
Staff Exhibits lettered with an "S"
Proponent's Exhibits, lettered with a "P"
Opponent's Exhibits, lettered with an "O"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an
SECTION 2. CONCLUSORY FINDINGS
2.1 The Council finds that it has received all information
necessary to make a decision based on the Staff Report, public
hearing testimony and the exhibits received.
2.2 The Council finds that the proposal to increase the number of
livestock allowed per acre on the property does not meet all
applicable criteria for a Variance as described in the Variances
Chapter 18.100. Specifically, the request is to allow 15 Llamas to
reside on the property, rather than 10 as required by the
ordinance.
2.3 The Council finds that the proposal does not met the following
Variance approval criteria:
(1) That there are unique or unusual circumstances which apply to
this site which do not typically apply elsewhere.
The application states that the site is unique because the property
is an undeveloped area on the urban edge, and has historically been
used as a ranch with an irrigated pasture. The Council finds these
characteristics are not unique to the subject property. There are
several similar undeveloped properties identified on the City's
vacant lands inventory and located on the urban edge of Ashland
that have been used for grazing purposes. The Council finds no
evidence of physical characteristics unique to this site alone that
are not associated with other similar properties within the city
limits.
(2) That the proposal's benefits will be greater than any negative
impacts on the development of the adjacent uses; and will further
the purpose and intent of this ordinance and the Comprehensive Plan
of the City.
The application asserts that the impact of raising llamas is not as
great as the impact of other livestock such as cattle or horses,
because llamas use "'communal'" locations for dropping feces and
urine which can be controlled and removed. Testimony was received
in writing and at the public hearing from a llama breeder and
neighbors saying that the llama droppings do not create an odor.
Testimony was also received in writing and at the public hearing
from neighbors who asserted the llama droppings do create an odor.
The Council finds the applicant has not met the burden of proof in
demonstrating that the negative impact associated with llama
droppings does not increase proportionally with the number of
llamas. Consequently, the Council finds that the negative impact
caused by the odor of Llama droppings worsens with increased
numbers of Llamas. Accordingly, the Council finds the applicant has
not demonstrated how the benefits of allowing more llamas on the
property outweigh the negative impacts upon the future development
of any adjacent properties.
SECTION 3. DECISION
3.1 Based on the record of the Public Hearing on this matter, the
Ashland City Council concludes that the proposal to increase the number
of livestock allowed per acre on the property is not supported by
evidence contained within the record. Specifically, the application
fails to meet the criteria for approval of a Variance described under
18.100.020 A and B.
Therefore, based on our overall conclusions, we deny Planning Action
#97-085.
Mayor
Date