HomeMy WebLinkAboutJanuary 20,1976 Planning Commission Minutes
January -20J.61976
7e30 P.M.
Mayor Jim McBee gave the oath of office to the two new Planning Commissioners,
Harold Waldron and Lloyd Mann.
The Planning Commission meeting was called to order at 7:30 P.M. by Chairman
- Don,Banks. Roll call found the following members present: Emery, Phillips,
- McManama, Loveland, McDowell, Zander, Mann and Waldron. Also present being
Secretary Janice Corbett, Building Inspector R.J. -Ritchey and numerous interested
ditizens.
The minutes of December 16, 1975 were presented for appooval. With no corrections
or 'additions, motion was made by McManama, seconded by McDowell to approve the
minutes as presented. With all in favor,motion carried.
Election of 1976 Officers
Chairman - Don Banks nominated by Phillips, seconded by Emery. Motion was made
by McManamai seconded by Phillips to elect Don Banks as Chairman. With all
in favor, motion carried.
Vice Chairmen' - Ben McManama nominated by Emery, seconded by Phillips. Paul Emery
nominated by McManama. Motion was made by Banks, seconded by Waldron to close
the nominations. With all in favor, motion carried.
Six votes for Ben McManama
Three votes for Paul Emery
Secretary - Jean Phillips nominated by Emery, seconded by McDowell. Motion was
made by Loveland, seconded by McDowell to close the nominations. With all in
favor, motion carried.
Chairman Banks opened the public hearing on the rezoning of properties from East
Pine Street to Hazel Street between Highway 99 and N. let Street from C-2 to LC-LI.
Chairman Banks asked if there was anyone present who was against this zone change.
Mr. Lynn Dodson was recognized and came forth. He stated his home address as
3692 Scenic Avenue and his business address as 476 North Front. Mr. Dodson said
he has no objections to the permitted uses but opposes the setback and sign
restrictions on the lots. Some of the lots in this area are so small that when
the setback requirements have been met there is nothing left of the lot. Some of
the lots are 35 to 40 feet wide. Mr. Dodson said that a sign 12 sq. ft. is too
small and cannot be seen from the highway. He suggested at least a 12 X 8 sign.
Mr. Riley Riggs was recognized and came forth. He stated his home address as
388 Ayres Road, Eagle Point, and his business as 420 North Front (Quality Fence).
Mi. Riggs said he agrees with Mr. Dodson.
Mr. Glenn Jones was recognized and came forth. He stated his home address as
162 North Front. Mr. Jones said his objections were the same as Mr. Dodson's in I
regard to the setbacks, .however, pointed out he is not interested in the size
of the signs.
Mr. Carl Northern was recognized and came forth, He ,stated his home address
as 359 North Front. Mr. Northern stated he owns three lots on North Front
and is not in favor of the setbacks.
Chairman Banks asked-:if there-was anyone,in favor. No one came forth.
Chairman,ganks.asked.those :people=opposing -the.zone change because of the
setbacks .and -signs .,to .raise their hands. Everyone,present- regarding the zone
change raised thdlr hands. .Public hearing:was closed by Chairman-Banks.
Building Inspector Ritchey gave the Staff report. Commissioner Zander said
that the: property-owners .of that-,area are•:the ones that• are•.going .to benefit or be
hurt .by the,.change ,and .the; Planning,Commission-should acknowledge.their wishes.
Motion was made by Zander,i seconded by Emery;to go;along,,with the Staff report
and deny the zone change. Roll call vote: Emery, yes; Phillips, yes; McManama,
yes; Loveland, yes; McDowell, yes; -Zander, yes; Mann, yes; Waldron,. yes; Banks,
yes. With all in favor„motion carried. .
Chairman Banks:opened,,the public hearing regarding a conditional use permit for
Mr. Francis Marshall's Watch Repair Business, 433 Cedar•.Street,.*.Tax Assessor's
Account No. 37-2W-11BB, Lot 7. Mr. Marshall was asked•to:come .forward and answer
any questions the Commission may have. . Building .Inspector_Ritchey was asked to
give the Staff report. : The-Commission asked Mr.:Marshall. if. there was any
construction involved. : He: said no, construction-woul&be involved., He just ,
plans on putting in a screening wall. Chairman Banks asked if there was anyone
present opposing the conditional use permit. One lady asked what side of 4th
Street Mr. Marshall is on? The Commission said he is on the east side of 4th.
Since no more questions were..ralsed,, Chairman Banks closed the public hearing.
Chairman, Banks: said. that:a,_petitdeon has been signed by his neighbors in favor
of the conditional use.permit.,� Motion was made` by•Zander,. seconded by Waldron
to grant Mr. Marshall a conditional use permit. Roll. call vote: . Emery, yes;
Phillips, yes; McManama,. .yes; Loveland, yes; McDowell, yes; Zander, yes; Mann,
yes; Waldron, yes; Banks,.. yes., With.all in favor, motion carried.
Chairman Banks asked if there. was anyone present representing the Golden Age
Rest Home Addition. No one -came- forth. Building Inspector Ritchey said the
wiring has been dnspected, and approved.• Commissioner Zander said he does not
agree with Item: #2 :of. the Staff report. Chairman Banks said it was put in by
mistake and to drop it from the report.- Commissioner Emery stated ,it was his
feeling that the rest, home; was negligent in obtaining, a building .permit from
the City and a penalty. should' be-imposed. Some of the. Commissioners felt that
the rest home was ignorantt'of- the fact that -a building,permit' had to be obtained
from the City since approval 4fom the' Fire,Marshal had already been given.
Commissioner Emery said.:that 3f the City is going to be lenient with one person
then this would have to apply to:everyone.:- Commissioner Zander said he would
like to have the records indicate that the Building°Department<check into the
licensing and the .authority of the contractors -to see if he is licensed through
the State. It should be determined whether the man- doing the work�ia on an
hourly or contractural basis. Motion was made by McDowell, seconded by Waldron
to approve the addition with the changes suggested by Inspector Ritchey and
have the Fire Marshal approve the plans before the OK to go ahead is given.
Roll call vote: Emery, yes; Phillips, yes; McManama, yes; Loveland, yes;
McDowell, yes; Zander, yes; Mann, no; Waldron, yes; Banks, yes. With
majority in favor, motion carried.
Mr. ,Harry Skerry, Attorney from.Ashland, representing Wiley Construction, was
recognized by the Commission. City Attorney Carter was present for this portion
of the meeting. Mr. Skerry pointed out the property in question on the map.
He said this property has been used since 1950 for storage purposes and has been
used extensively as a contractors storage and warehouse. This area is designated
as R-3. This warehouse was preexisting and the corporation is still in existence.
Approximately $3,000 to $4,000 of equipment and power tools are stordd in the
warehouse. Mr. Skerry said the use has d0minished and this is where the problem
arises. There has been no abandonment of use. Mr. Skerry asked what is.meant
by ceasing? (1) Person must actively and physically cease the use. (2) Must
be an intent to abandon or cease. Attorney Carter said he disagrees on whether
the use diminished or is a completely different use. Commissioner Mann asked Mr.
Wiley if he is still active in the contracting business? Mr. Wiley replied no.
Commissioner Zander asked Mr. Wiley when was the last time he had a business
license in the City of Central Point? Mr. Wiley replied he cannot remember ever
having a license in-Central Point. Chairmen Banks asked if there was anyone
present in opposition. Mr. Melvin Kel*y, 239 Cherry, was recognized and said he
was speaking for his mother. Mr. Kelly said the building was being used just for
storage at the time Crater High was built and he does not think it should be used
for that purpose any more. Mr. Norman Bruce was recognized and said this use
ceased a long time ago. Commissioner McDowell asked Mr. Bruce that if the lot and
area was cleaned up and turned into a residence would he disapprove of it. Mr.
Bruce replied that he is against someone taking the property and using it for the
same purposes that it was used for 25 years ago. Mr. Bates said that at the time
the school was built the warehouse was for storage use. Commissioner Mann asked
Attorney Carter if warehousing is a business. Attorney Carter read the definition
of a business from page 36, Chapter 5.04 of the Municipal Code. 'Business" means
any activity carried on with the intent: (1) That a profit be realized therefrom;
and (2) That the profit, if any, inures to the benefit of the owner or owners of
the activity. Commissioner Emery asked for Attorney Carter's opinion of diminishing
use. Attorney Carter said "diminishing use" means to lessen the use; not ceasing.
Commissioner Mann asked Mr. Wiley how long the property had been up for sale. Mr.
Wiley said since last October. Motion was made by Phillips, seconded by Zander to
deny authorization to continue because the warehousing has ceased for the last five
years. Roll call vote: Emery, abstain; Phillips, yes; McManama, no; Loveland,
yes; McDowell, no; Zander, yes; Mann, yes; Waldron, yes; Banks, yes. With majority
in favor, motion carried.
The Todd Coffee Service Addition, 325 North 1st Street, was presented to the
Commission. Building Inspector Ritchey was asked if he had a report. he wished to
give. -Inspector Ritchey said he had nothing more to add that was not on the Staff
report, however, Item #3 was incorrect. In the report it said. the proposal is for
workshop, not business area, but should read the proposed building is for the
variance but the existing building would remain as a workshop. Commissioner Zander
asked Inspector Ritchey how much of the property and footage would be developed
percentage wise. Inspector Ritchey stated it would be less than 151 of the overall
lot. Lengthy discussion was held regarding commercial uses versus residential uses.
Under C-2 zoning there .are:no .eetback .requirements. ,Chairman Banks stated
that the only way :thia :could be. denied :would be if the looks of the building
were changed from residential to commercial. Motion was made by Emeryt
seconded by McDowell to approve this application. Roll call vote: Emery,
yes; Phillips, yes; .McManame, ,yes; Loveland, yes; McDowell, yes; Zander, .yes;
Mann, yes; Waldron, yea; Banks, ,yes. _With.all .in favor,,.motion tarried.
,Commissioner Waldron recommended -that when anything like this is brought
before the Commission again that .the Commissioners have a complete set of plans with
the elevations,,.etc.- :Commissioner ,Waldron said that a,:lot of unnecessary time
was spent on this matter.
Cashway Plywood Storage Building.under Ord. #1068 Review, Tax Assessor's Account
No. 37-2W-11C, Lot 4300, ,4034,N.,:Pacific Highway„was discussed. •It.was .noted
by Inspector Ritchey that the building•was •nearly completed before he knew .
anything about it and .that, no:.building;permit.had -been obtained. Chairman Banks''
said that when a building :is put ,up.without firatobtaining;a..permit,-.,a fine .ehould
be given. Motion was ,made. by ,Waldron, :seconded by;McManama::to;fine :Cashway
Plywood the.maximum fine (double. the building permit fee) =and ,than approve the
building as per the building permit. Roll call vote: Emery,. yes; Phillips,
yea; McManama, :yea;,:Loveland,:yes; McDowell, •no; :Zander, no; :Mann, yes; Waldron,
yes; Banks, .yes. . With.majority• in,favor,;:motion,carried.
The 4-plex under Ord. #1068.Review, Tax Assessor's Account No. 37-2W-11BB, Lot
5300, 437 Ash•.Street,..was,brought.up .for discussion. . Inspector .Ritchey was asked
to read the Staff report,and he :said that,the,developers are interested in
preserving the oak tree. ,General discussion was held .and:-the Planning
Commission reviewed. the plans.,: Motion was made by McManamai,.seconded by Waldron
to approve the:plans with the. approval--.of ,the Fire:�Marshal[s•OR of the plans,
the Staff report. recozmendations, .black ,topping. of hhe area, 61... fence screening
on both sides .of.the.parking.area .with the approval::of .the:landecaping plans
when they 'are brought in and all City.codes being complied with. Roll call
vote: Emery, yes; Phillips, yes; McManama, yes;,Loveland, yes; McDowell, yes;
Zander, yes; Mann, yes; Waldron,.;yes; Banks,. yes. With-all,,in:favor, motion
carried.
Quality Fence-Co. .Addition,,Ord. #1068, Tax -Assessor's-Account No. 37-2W-3DC,
Lot 1800, 420.N. Front I 'was brought up=for discussion. Inspector Ritchey said
that the Staff report was the same as the one for the 4-plex. The Planning
Commission. reviewed the: plana,and.a. general discussion was held. A question
was raised. as to where. the_water would drain. Motion was;made by McManams,
seconded by Emery to approve the plans subject to Fire•Marshal's approval,
Staff recommendations, submittal of the landscape plans, Front St. sidewalks
not necessary, and all Codes• ahould be complied with.to. comply:with the Staff
report. Roll call vote: Emery, yes; ,Phillips, yes;:McManams, yes; Loveland,
yes; McDowell, yes; Zander, yes;. Mann, yes;-Waldron, .yea;.,Banks, yes. , With
all in favor,•,motion carried. . . ,
W.L. Moore's request for reimbursement.contract,on .S., lst . sanitary sewer was
brought up for discussion. : Chairman%Banks said that Moore's total Bost is
$7,500. The•Moores own three of the lots and. one lot-.will hook into the
existing manhole on Cupp Drive and the other two lots will have to pay their
share of the cost. Short discussion was held. The hook-up is $1,500 per lot.
Motion was made by McManams, seconded by Mann that the property-owners be
assessed $10500 per lot for off-site sewer. Roll call vote: Emery, yes;
Phillips, yea; McManama, yes; Loveland, yes; McDowell, yes; Zander, yes;
Mann, yes; Waldron, abstain; Banks, yes. With all in favor, motion
carried. _
Miscellaneous Matters
Motion was made by Zander, seconded by Emery that the Planning Commission
approach the Council asking for a moratorium on both home occupation, conditional
and nonconforming uses until further input from the Staff and Council to create
an orderly development in Central Point. With all in favor, motion carried.
Motion was made by McManama, seconded by McDowell to adjourn to the next regular
Planning Commission meeting. Meeting adjourned at 11:00 P.H.
Janice Corbett, Secretary