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HomeMy WebLinkAboutJuly 15, 1980 1 l Minutes July 15, 1980 - Planning Commission Meeting Central Point Council Chambers 1. Meeting called to order by Chairman Hillyer at 7:40 p.m. II. Roll call found Chairman Hillyer, Commissioners Dixon, Himmelman and Havice . present. Others present were City Administrator-Kucera, Building Official Ritchey, Planning Commission Secretary Georg Stotler-de Ruyter and sev-,ral interested citizens. Oath of the office of Planning Commissioner for the City of Central Point given to Geroge Freeman by City Administrator Kucera. Congratulationsi Mr. Freeman will be filling Position # 3. III. Motion by Dixon, second by Havice to approve the Minutes of the June 17, 1980 Planning Commission Meeting. Roll call vote found all in favor, motion carried. IV. A. No Correspondence B. No Public Appearances ' V. No Old Business VI. New Business A. Public Hearing - Variance, Intrusion Into Required Set-back 601 Hazel St J.C. Map Page 37-2W-3DA, Tax Lot 700 Sierra Heights Subdivision, Zone R-1-8 John R. Smith, Applicant Chairman Hillyer opened the Public Hearing 1) Building Official Ritchey described the application stating that the variance is to allow the erection of an open, covered porch that will intrude into the 20 foot front yard set-back 34 inches more than the 18 inches allowable, for a total projection of 54 inches. 2) Notice of the Public Hearing, published July 9 and July 19, 1980 in the Medford Mail Tribune, was read into the record by Building Official Ritchey. 3) Commissioner Dixon stated that she had previously discussed this matter with Mr. Smith who is her neighbor, but that she felt there was no conflict of interest. Motion by Havice, second by Himmelman to allow Commissioner Dixon to participate as the Commission felt no conflict of interest existed. Roll call vote found all in favor, motion carried. 4) Building Official Planner Ritchey presented the Staff Report stating that the dwelling is set back 21 feet, the Municipal Code allows an 18 inch Minutes Planning Commission Meeting July 15, 1980 - page 2 projection for eaves, sunshades, etc, and that the granting of a variance to allow a total projection of 54 inches from the building line will not create a problem with vision or aesthetic values in the neighborhood, nor create a situation that will effect the value of properties in the immediate area and will be in compliance with the Uniform Building Code. Staff recommended that a variance of 34 inches into the required front yard be allowed with the condition that the proch shall remain open with no enclosure other than an open railing. 5) Copy of notice provided of this hearing was marked Exhibit #1, Proponents Application for Variance was marked Exhibit #2 and both Exhibits were incorporated into the record. 6) Bob Smith, P 0 Box 1688, Medford, representing the applicant, stated that the lot is an oddly shaped lot and a difficult one to develop, but it was a corner lot and had plenty of room. The house had been designed for the lot and the porch had been constructed to be in compliance with the subdivision covenants which stated that porches and overhangs need not be considered when determining set-backs. Mr. Smith added that he had contacted the neighbors and there were no objections. Building Official/Planner Ritchey stated .that since the Restrictive Covenants , do not comply with City Ordinance, Section 17.60.100 the covenants do not apply in this instance. Commissioner Dixon stated that because of the peculiarly shaped lot and the fact that it is the only empty lot in the area, the development of which has a positive impact on the area aesthetically, the Planning Commission should consider granting the variance. Richard Halley, 463 N 6th, Central Point, stated that he had examined the lot and could see no problem. Mr. Halley then asked who it was that drew up the subdivision covenants and if it was not the responsibility of the Planning Commission to review covenants as to compliance with Municipal Codes. Building Official/Planner Ritchey answered that it is up to the developer to determine their own covenants. Chairman Hillyer answered that the Planning Commission did not and has not reviewed subdivision covenants. Mr. Halley asked the Planning Commission if they did not think it would be adviseable to furnish the city codes to those responsible for drafting covenants so they know what the city ordinances are so the covenants do not create hardships and conflicts such as this one. Discussion Minutes Planning Commission fleeting July 15, 1980 - page 3 Consensus was that Staff should review subdivision covenants for compliance with city codes at some time before approval is granted for a new subdivision. 6) No one came forward in opposition of the variance request. 7) No further questions were voiced. At this point, Chairman Hillyer closed the Public Hearing portion of this meeting. Commissioner Himmelman stated that she had visited the site and visually could see no variation in set-backs. Motion by Havice to grant the variance request and allow a 34 inch intrusion into the required 20 foot set-back, thereby assuring the applicant substantial preservation of his property rights; and, adopting the Staff Report and Proponents findings as fullfilling the requirements for the granting of a variance. Second by Dixon. Roll call vote found all in favor, motion carried. VII. Miscellaneous A. Election of Vice Chairman of Planning Commission Commissioner Havice nominated Pat Himmelman for the position of Vice- Chairman, second by Dixon. Motion to close nominations by Commissioner Havice, second by Dixon, Roll call vote found all in favor. Roll call vote found all in favor of electing Pat Himmelman as Vice-Chairman of the Planning Commission. B. Building Official/Planner Ritchey stated that a person had approached him concerning opening a seafood warehouse and wholesale business. The building he is interested in is now located in a C-2 Zone and under existing city ordinances wholesale and warehousing firms are not allowed, not even as a conditional use; however, on the Comp Plan the area is shown as LC-LI where this activity would be allowed. Mr Ritchey further stated that as the situation now exists, a zone change would be required to allow the above use. Commissioner Himmelman asked Building Official Ritchey if a conflict exists. Building Official Ritchey stated that a wholesale food distributor has been in existance in the subject building and that he could see no problem with it. Mr. Ritchey further stated that there will be a change of occupancy involved, but an appearance before the Planning Commission would not be required. Discussion Minutes Planning Commission Meeting July 15, 1980 - page 4 Consensus was that the City could change the zone based on the existing Comp Plan and the fact that the area is zoned LC-LI on the proposed Comp Plan also, however it was felt that the owner of the property should initiate the action. VIII. Motion by havice to adjourn, second by Dixon. Roll call vote found all in favor, motion carried. Adjournment came at 8:30 p.m.