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HomeMy WebLinkAboutOctober 21, 1980 1 Minutes October 21, 1980 Planning Commission Meeting Central Point Council Chambers I. Meeting called to order at 7:40 p.m. by Chairman Hillyer. II. Roll call found Chairman Hillyer and Commissioners Theda Havice, George Freeman, Louise Novasad, Dewane Hood and Pat Himmelman present. Absent was member Joy Dixon. Others present were City Administrator Dave Kucera, Building Official/Planner R.J. Ritchey, City Council Member Ron Holmnren, Planning Commission Secretary Georg Stotler-de Ruyter and several interested citizens. III. Commissioner Dixon stated that it was she who made the motion in regards to item "C", page 99 of the October 7, 1980 Planning Commission Meeting Minutes, and that her name should appear in the blank on said page. Motion by Himmelman, second by Freeman to approve the minutes of the October 7, 1980 Planning Commission Meeting with the above correction. Roll call vote found all in favor, motion carried. IV. A. Correspondence 1. Chairman Hillyer read a letter from SOSC regarding a data center ' workshop on the 1980 Census of Population and Housing and related matters to be held Monday, October 279 1980 in Room 313, Stevenson Union, SOSC, Ashland, Oregon. Call 482-6365 by Friday, October 24 for reservations. 2. Building Official/Planner Ritchey read a letter from Daniel Kosmatka dated October 9, 1980, withdrawing the major partition request submitted as Cherry Park Subdivision as a result of the denial of their variance request by the Planning Commission on October 7, 1980. B. No Public Appearances. V. A. Adoption of Resolution of Resolution of Recommendation of Denial of Preliminary Plat for Cherry Park Subdivision. North 10th & Cherry Streets J.C. Map Page 37-21V-2BC9 Tax Lots 600, 1100 & 1400 City Zone/R-3, Comp Plan Designation/High Density Daniel & Victor Kosmatka and Gerald Corcoran, Applicants,. This resolution was not ready for adoption at this time. Motion by Havice, second by Himmelman, to table this item to the November 4, 1980 Planning Commission Meeting. Roll call vote found all in favor, motion carried. Minutes Planning Commission Meeting October 21, 1930 - page 2 D. Adoption of Resolution of Recommendation of Approval to Grant a Minor Partition of Land. Southerly corner of Front & Cherry Streets J.C. Map Page 37-214-3DC, Tax Lot 1900 Lots 10,11, & 12, Block 5, Oak Park Addition City Zone/C-2, Comp Plan Designation/General Commercial David Stevens, Applicant Chairman Hillyer read Resolution #19, A Resolution of Recommendation of Approval to grant a Minor Partition of Land,into the record. Motion by Himmelman, second by Havice to adopt Resolution R19 as presented. Roll call found all in favor, motion carried. Commissioner Dixon arrived at 7:45 p.m. VI. New Business A. Fence Variance Request - Meadows Mobile Rome Park 555 Freeman Road J.C. Map Page 37-0-11A, Tax Lots 100 & 200 City Zone/R-3, Comp Plan Designation/ifedium Density Intermountain Home Systems, Applicant Robert Bruck, General Manager-lieadows Mobile Home Park, read a letter dated 16 October 1980, stating that the variance requested was to allow 8 foot high by 2 foot square masonry pillars, 10 feet apart with 5 foot high ornamental iron fencing having vertical iron bars 12 inches apart, said fence to be 14 feet back of the property line instead of the 20 feet required by code. Commissioner Freeman asked why they could not put it on the property line. Building Official/Planner Ritchey stated that they are hesitant about putting the pillars over the new fill that has been put in over the culvert the Meadows has enclosed Griffin Creek with. Chairman Hillyer stated that she can see no exceptional reasons to not use a 32 foot high fence, which would not require a variance. Discussion. Commissioner Freeman stated that the applicant wishes to construct 8 foot pillars as well as a 5 foot fence. Discussion. Motion by Freeman to deny the fence variance, as the construction drawing for the Meadows shows a 30 foot set-back and it seems as though the Meadows could comply. Building Official/Planner Ritchey stated that the 30 feet is not the set-back, it is the distance from the centerline of Hopkins Road to the edge of the right-of-way. I Minutes Planning Commission Meeting October 21, 1980- page 3 Chairman Hillyer asked how far the pipe was from the property line. Building Official/Planner Ritchey answered that it was 17 feet from the face of the curb to the center of the pipe. Bob Bruck stated that the fence would be 5 feet from Mingus Creek. Commissioner Hood seconded Freeman's motion to deny the fence variance. Roll call vote found Commissioners Hood, Freeman and Novasad in favor, Commissioners Dixon, Himmelman and Chairman Hillyer opposed, and Commissioner Havice abstained. Tie vote, motion failed. Discussion Building Official/Planner Ritchey read Section 5.32.190 Boundary Screening (Mobile Home Parks) of the Municipal Code stating that "The front...boundaries of the Mobile Home Park shall be enclosed with an ornamental solid fence...(and) shall be 32 feet high..." Motion to deny the fence variance request based on Section 5.32.190 of the Municipal Code, second by Novasad. Roll call vote found all in favor, motion carried. , B. 1068 Plan Review - Addition to Commercial Bldg, Pfaff Wholesale 26 East Pine Street J.C. Map Page 37-21V-10AA, Tax Lot 14009 Block .159 Original Town City Zone/C-2, Comp Plan Designation/General Commercial Don Pfaff (Owner)9 Applicant Don Pfaff, 4123 Sunland, Central Point, applicant, stated that if he cannot add to his building, he will have to move his business out of the city. Commissioner Havice asked what was meant by wholesale in Mr. Pfaff's case. Don Pfaff stated that what they sell is mainly fishing tackle; that salesmen take orders, come back to the warehouse and fill them; that UPS delivers and picks up orders; that the building is used mainly for storage; and that there is very little walk in traffic. Building Official/Planner Ritchey presented the Staff Report stating 1) Wholesaling is not allowed as a permitted or conditional use in C-2 Zone; 2) This proposal will be an enlargement of a non-conforming use; 3) Section 17.56.010 (B) of the Municipal Code states that "No structure, the use of which is non-conforming shall be altered or enlarged"; and, 8) Tax Lot 1600, the lot behind the subject property was once an alley but is now owned by the city, therefore the subject property may have access only from Pine Street; and concluded by stating that Staff will investigate and report its findings at the next Planning Commission Meeting on November 4, 1980. Commissioner Himmelman asked the applicant if going retail was out of the question, as retail is a permitted use in his location. 1 Minutes Planning Commission Meeting October 21, 1980 — page 4 Don Pfaff answered that his business was with the stores and not individuals. Commissioner Havice asked if Mr. Pfaff could continue the use if he does not enlarge it. Building Official/Planner Ritchey answered that Mr. Pfaff has operated his business there for two years and that he would hesitate to answer that question without consulting the city attorney. Commissioner Himmelman declared ex parte contact and continued by stating that before being approached by the proponent, she had felt that this falls into the category of similar cases in the city; is a matter of present study by the Planning Commission; and that the problem will be resolved shortly. Commissioner Novasad stated that she feels Mr. Pfaff should be allowed to continue, . as his business is non—polluting and causes little traffic. Motion by Havice, second by Himmelman to table the matter to the November 4, 1980 Planning Commission Meeting. Don Pfaff stated that if this request was denyed, that he was not going to fight it; that he has worked to build up his business, improved the building; and that if he cannot build and expand his business, he cannot continue operating in Central Point. Commissioner Havice stated that there is a study going on at this time, as it is effecting several businesses in the area. Building Official/Planner Ritchey stated that he has recommended that the Planning Commission examine the code to possibly allow additional conditional uses in some of the other zones in the city; and continued that City Administrator Nucera had cationed hime and also the Planning Commission to consider that if the city starts granting variances to situations that do not quite comply, it can only snowball, as someone will always be just over the line. Chairman Hillyer stated that she had worked next door to the applicants building for 6 years; that she is well aware of the situation; and, that the Planning Commission will make a decision that will be fair. Commissioner Havice stated that a Study Session was scheduled for tonight after the regular portion of the Planning Commission Meeting. Roll call vote found all in favor of tabling the matter to the November 4, 1980 Planning Commission Meeting, motion carried. VII. Miscellaneous Matters A. Building Official/Planner Ritchey presented a notice of the Annual Convention of the League of Oregon Cities. B. Thelma Shearer, 102 Kings Way, Central Point appeared representing the Central Point Senior Center, with three items to present: 1) Who to contact regarding slowing down the lights for the crosswalks on Pine Minutes Planning Commission Meeting October 21, 1980 - page 5 Street at the 3rd and 4th Street intersections. Ron Holmgren, City Council Member, stated that there is a Study Session Wednesday at 7:30 p.m. , the topic of which is "directing traffic" and that Thelma Shearer should present the matter then. The second item Mrs. Shearer wished to discuss was parking,and she was advised to bring that up Wednesday night also. Thelma Shearer stated that the third item she was concerned with was the ramp at the 4th Street entrance to the Senior Center; that she would like a railing on the right side for the people to use as a guide entering and leaving the building; that when she came to City Hall she was told that the rail would be blocking a public way; and continued by stating that an existing hedge next door projects about 2 feet out from the building which is as much of a rail as she wants to put up. Building Official/Planner Ritchey stated that a hedge can be readily seen while a handrail connot, especially at night; and that it would be blocking a public right- of-way. Commissioner Hood asked if the ramp could not be leveled out. , Building Official/Planner Ritchey answered that the ramp is 6-8 inches in height; that it could be tapered towards Pine Street, towards the alley, and towards 4th street with a handrail attached to the building; and offered to inspect the situation and see what can be done. C. Planning Commission Secretary Stotler-de Ruyter stated that the mock hearing set for October 28th at 7:30 p.m. has been put together; that a copy of the agenda and background information was included in tonights packet; and that the topic of the hearing was a conditional use permit application for a retail/wholesale operation in a C-2 zone. Said agenda and background information have been forwarded to City Administrator Kucera and City Council Members. Everyone is invited to contact Building Official/Planner Ritchey if they are interested in participating. D. Doug Pfaff, 4630 Hamrick Road, Central Point, appeared regarding the Pfaff Wholesale matter, asking if the operation was retail if there would be a problem. Building Official/Planner Ritchey stated -that even with adequate access, the parking is a problem as the requirements for a C-2 Zone are one space per 200 sq,ft. of retail floor space. Doug Pfaff then asked how they got a business license in the first place. Building Official/Planner Ritchey stated that it was not sufficiently researched. Minutes Planning Commission Meeting October 21, 1980 - page 6 Doug Pfaff stated that as he understood it there are others who would like to do retail/wholesale, but the longer we have to wait, the more likely it is these businesses will leave. Chairman Hillyer stated that as things now stand, one complaint could shut them down; and that the Planning Commission is trying to resolve this problem if given the opportunity. Recess called by Chairman Hillyer at 9:20 p.m. Chairman Ilillyer called the meeting back to order at 9:40 p.m. VIII. Motion by Dixon, second by Himmelman to adjourn the regular meeting to a Study Session on retail/wholesale operations as a conditional use in a general commercial zone. Adjournment came at 9:45 p.m.