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HomeMy WebLinkAboutJune 17, 1980 Minutes June 17, 1980 - Planning Commission Meeting Central Point Council Chambers I. Meeting called to order by Chairman Hillyer at 7:35 p.m. II. Roll call found Chairman Hillyer and Commissioners Dixon, Himmelman and Havice present. Absent were Commissioners MacDonald and Stallsworth. Others present were City Administrator Dave Kucera, City Council Members: Paul Golding; Earl Nordby; & Candy Rayburn, Building Official/Planner R.J. Ritchey, several Citizens Advisory Committee Members, Ron Hough & Dennis Lewis of RVCOG, Planning Commission Secretary Georg Stotler-de Ruyter and a number of interested citizens. III. Motion by Dixon, second by Himmelman to approve the Minutes of the June 3, 1980 Planning Commission Meeting. Roll call vote found all in favor, motion carried. IV. A. No Correspondence B. No Public Appearances V. Old Business A. Public Hearing - Variance to Lot Frontage Requirements of Sections 17.28.050 & 17.60.130 of the Municipal Code to Allow a 30 foot frontage. South of Pine Street on Glenn Way J.C. Map Page 37-2W-10AC, Tax Lots 200 & 300 Larry Denn, Applicant This item was moved to this place on the agenda as it was actually Old Business. Chairman Hillyer opened the Public Hearing. Building Official Ritchey read a description of the application and read the notice of the Public Hearing into the record. There were no declared conflicts of interest. Building Official Ritchey then presented the Staff Report, adopting the Proponents Findings, adding the condition of approval that: "The applicant shall prepare and record a cooperative agreement, deeded to the properties involved for cooperative ownership, maintenance and use of ingress and egress for Lots 2 and 3. Said agreement shall be approved by the City Attorney before recording with the Jackson County Recorder. Mr. Ritchey then stated that the burden of proof had been carried by the applicant. The Proponents Findings were entered into the record as Proponents Exhibit #1. A copy of the Public Notice and the Staff Report were entered into the record as Planning Commission Exhibit #1. Minutes Planning Commission Meeting June 17, 1980 - page 2 No opponents came forward in opposition. Chairman Hillyer closed the Public Hearing at this time. Discussion Building Official/Planner Ritchey read Resolution #12, A Resolution to Grant a Variance to the Minimum Width and Lot Frontage Requirements of the Central Point Municipal Code, Sections 17.28.050 and 17.60.130 into the record. Motion by Commissioner Havice, second by Himmelman approving Resolution #12. Roll Call vote found all in favor, motion carried. Building Official Ritchey then read Resolution #13, A Resolution of Recommendation of Approval to Grant a Minor Partition of Land, into the record. Motion by Havice, second by Himmelman to approve Resolution #13. Roll call vote found all in favor, motion carried. B. Fence Ordinance Revision Building Official/Planner Ritchey presented the revised fence ordinance ' stating that the purpose of these revisions is to enable people to use their property to better advantage. The changes to 15.20.030 would allow owners of corner lots and through lots to fence rear yards for privacy with provisions to allow clear vision on intersections based on the vision triangle concept. Chairman Hillyer asked Mr. Ritchey if this ordinance pertains only to R Zones. Mr. Ritchey answred that in most of the other zones there are no set-backs. City Council Member Paul Golding stated that he had trouble with the portion of the ordinance prohibiting shrubbery in the right-of-way, and that according to the ordinance, there is little anyone can do to beautify this area. Commissioner Havice stated that this area is something the Planning Commission must address in new subdivisions from now on. Council Member Golding stated that the Municipal Code does not state anything about intrusions into the right-of-way. Commissioner Havice questioned Building Official Ritchey as to when the Uniform Building Code was adopted. Mr. Ritchey answered in 1974. Commissioner Havice asked what the statement "no part of any structure or appendage" included. Mr. Ritchey quoted. Section 4501 of the Uniform Building Code stating: "No . Minutes Planning Commission Meeting June 17, 1980 - page 3 part of any structure or appendage thereto, except signs, shall project beyond the property line of the building site..." Mr. Ritchey then read the definition of a structure from Section 420 of the Uniform Building Code stating: "Structure is that which is built or constructed, an edifice or building of any kind, or any piece of wo k artifically built up or composed of parts joined together in some definite manner." Council Member Golding asked Building Official/Planner Ritchey if in allowing Mr. Cox to build the wall, the Council is going against State Law. Mr. Ritchey stated that would be the case, and in view of the U.B.C. regulation he had no authority to issue a building permit. Mike LeNier of RCS Management, Medford stated that the U.B.C. is used almost universally across the country, and by adoption, it becomes an ordinance of the City. The regulations of the U.B.C. are meant as guidelines for jurisdictions to go by. Discussion ' City Council Member Earl Nordby stated that in giving Mr. Cox approval to build in the Public Right-Of-Way the Council did not grant a variance, rather it was felt that the ordinance was silent on the topic so the Council made it an outright approval. Chairman Hillyer asked Building Official Ritchey if the Planning Commission could appeal the Council decision. Building Official Ritchey stated that any citizen or group of citizens can do so. Chairman Hillyer made a motion that the Planning Commission appeal the Council decision, on consideration of the fact that the City now has further information that was not known at the time of the June 12, 1980 Council Meeting. Second by Havice. Roll call vote found Chairman Hillyer and Commissioners Dixon and Havice in favor, Member Himmelman abstained, motion carried. Building Official Ritchey asked if a motion would be in order dealing with the Fence Ordinance Revision. Chairman Hillyer stated that she has a problem with the shrub portion of the revised ordinance. Council Member Paul Golding recommended leaving Sub-Section A, Section 15.20.090 out of the revised ordinance. Discussion Minutes Planning Commission Meeting June 17, 1980 - page 4 Building Official Ritchey stated that the changes to this ordinance originated as suggestions from Planning Commission Study Sessions over a period of several months. Commissioner Havice posed the question if a property owner plants a tree that damages a sewer line, who is responsible? Council Member Nordby stated it would be the same as with a sidewalk, the property owner is responsible. Discussion. General consensus is that Sub-section A should be deleted. Building Official Ritchey read Section 12.16.030 of the Municipal Code (Tree Ordinance) stating that "no trees of shrubs hereafter shall be planted in or removed from any public parking strip or any other public place in the city..." Mr. Ritchey then stated that since the tree and shrub issue was already covered in the tree ordinance, there was no need to include it in the fence ordinance revision. Commissioner Havice made a motion to adopt the Revised Fence Ordinance, ' deleting Sub-section A, Section 15.20.090 and forward it to the Council for approval. Second by Dixon. Roll call vote found all in order, motion carried. VII. Miscellaneous Matters A. Meadows Mobile Home Park Building Official Ritchey stated that one agreement that was made with the City the Meadows has found hard to comply with, specifically the landscaping. Mr. Ritchey stated that the Meadows have engaged a professional landscape architect to design the landscaping. He is to have the landscape plan ready by June 26, 1980. Mr. Ritchey then proposed that this matter go directly to the Council, as the Meadows is trying to meet the July 1, 1980 deadline that was agreed to. Motion by Himmelman to allow the Meadows Landscape Plan to go directly to the Council as suggested by Staff. Second by Dixon. Roll call vote found all in favor, motion carried. B. Citizen complaint regarding the operation of a child care center on Windsor Way. Commissioner Dixon asked Building Official Ritchey if he had researched the 1 } 1 Minutes Planning Commission Fleeting June 17, 1980 - page 5 complaint received by the Planning Commission at the June 3, 1980 Meeting. Mr. Ritchey stated that he had investigated and had found no record of application or conditional use being granted and had found no evidence of the existence of said child care center. Also, Mr. Ritchey stated that he had a telephone conversation with Mrs. Reich who had authored the letter of complaint and had discovered that Mrs. Reich had no firsthand knowledge of the child care center, that she had been told of its existence, and that perhaps she was in error. VIII. Commissioner Havice made a motion to adjourn, second by Dixon. Roll call vote found all in favor, motion carried. Adjournment came at 8:45 p.m.