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HomeMy WebLinkAboutJuly 21, 1981 Planning Commission Meeting, City Hall Council Chambers July 219 1981 MEETING CALLED TO ORDER The meeting was called to order at 7:10 P.M. by Chairman Jean Hillyer. ROLL CALL Present were Chairman Jean Hillyer and Commissioners George Freeman, Pat Himmel man, Dewane Hood, Louise Novasad, Dana Peters and R.B. Taylor. Also present were City Administrator David Kneera and Fire Chief David Penicook. APPROVAL OF MINUTES July 7, 1981 Planning Commission Meeting A motion was made by Commissioner Freeman to approve these minutes as typed. A second to the motion was made by Commissioner Himmelman. All Commissioners voted yes and the motion was approved. CORRESPONDENCE There was no correspondence. PUBLIC APPEARANCES Chairman..Hillyer. .asked_if..anyone in the audi ence wi shed to,appear bef ore the Planning Commission who was not on the agenda. No one came forward. BUSINESS Public Hearing, Conditional Use Permit Home Occu ation 155 South Fourth Street The owner applicant, Jim Miller, was applying for a Conditional Use Permit to operate a Mobile Lubrication Service as a Home Occupation. The property is zoned R-3 and the Comp Plan designation is R-3. The property is also described as J.C. Map Page 37-21Y-11BB, Tax Lot 2000. Chief Penicook gave's description of the application and presented the Staff Report. Chairman Hillyer asked if any of the members of the PIanning Commission wished to declare any conflicts or ex parte contact. There were no declarations. Chief Penicook entered the following exhibits into the record: as exhibit number one the advertisement of the Public Hearing. As exhibit number two the Staff Report. As exhibit number three a map of the application. As exhibit number four, a copy of the application- form. A discussion followed on the weight of the truck proposed to be used in the bus- iness and the combustibility of the materials on the truck and the location where the truck would be parked. Mr. Miller gave a presentation of his proposal. Chairman Hillyer asked if there were any further proponents. There were none. She asked for any opponents. There were none. Chairman Hillyer closed the Public Hearing. Planning Commission Minutes "July 21, 1981 Page 2 In response to several questions it was determined that the track would be parked :alongside the existing house in an area approximately 50 feet in lenth and under- neath an existing awning. It was noted that parking a track of over 15,000 GVW . is legal on Fourth Street in the City of Central Point. The truck loaded would not weigh 15,000 GV{Y. It weighs approximately 12,000 GVW even though'it is lic- eased for 20,000 GVW. The volume of oil stored would be primarily just that carried on the track. The business would be conducted during the day with the truck gone most of the time. The business is not the type where there would be twenty trips in and out of the residence during the day. A motion was made by Commissioner Himmelman to approve the Conditional Use Permit for the requested Home Occupation at 155 South Fourth Street subject to the cond- ition that the parking of the truck always meet the Municipal Code and subject further to the Fire Department being satisfied with all safety requirements for the Home Occupation. A second to the motion was made by Commissioner Novasad. All Commissioners voted yes with the exception of Commissioner Freeman who voted no. The notion carried. Public Hearin s Scheduled for the Remainder of the. ends C1.1ef Penicook indicated that he had been told by City Recorder Betty Anders this afternoon that the remaining items placed on the agenda were done so incorrectly. Recorder Anders' reasoning was that the Council passed the enabling ordinance on 6/25/81 and it takes 30 days after passage for an ordinance to be in effect. She indicated that Attorney Carter had made this statement to her in conjunction with the Pfaff Wholesale business. Chief Penicook indicated that since Attorney Carter was out of town he. was unable to discuss the matter with him. Recorder Anders came forward and testified to the Planning Commission that she remembered Bill Carter saying that no application for a Conditional Use Permit could be made until the effective date of an ordinance. Recorder Anders indicated that she had not had an opportunity to check the records to verify Carter's statement. Recorder Anders stated that she could not testify for sure, but her impression was that the Planning Commission could not hold the hearings tonight. The reasoning is that if there is not an ordinance in effect to allow a use, then how can the Planning Commission hold a Public Hearing until the 26th of July, which is the effective date of the new Zoning Ordinance. Planning Commission Minutes July 219 1981 Page 3 Chief Penicook indicated that Staff had scheduled the Public Hearings with the intent to follow the Council's general policy to assist businesses in the City of Central Point. He noted further that after a Conditional Use Permit is approved by the Planning Commission it can go into effect only by the passage of •15 days or by the Council reviewing the action of-the-Planning Commission. He-noted that if the Planning Commission did not act on the Conditional Use Permits requested tonight, then the earliest that the Permits could be ratified by the City Council would be at their August 13th meeting. In response to a question from the audience Chairman Hillyer outlined the pro- cedures that would have to be followed in light of the information which was pre- sented by Recorder Anders. A motion was made by Commissioner Himmelman that due to the circumstances, which are beyond the Planning Commission's control, that the Public Hearings which were scheduled for tonight's meeting on Conditional Use Permits for an Arcade/Amuse- went Center at 1254 North Third Street, for an Arcade/Amusement Center at 752 Hopkins Road, for an Automotive Front-end Alignment Shop in the 1100 Block of Beall Lane and for -a-Seeond-Hand Store at 49 South Second Street.he continued to the next regular Planning Commission Meeting on August 4th at 7:00 P.M. at City Hall. A second to the motion was made by Commissioner Freeman. All Commissioners voted yes and the motion was approved. Chairman Hillyer adjourned the meeting for a break at 7:40 P.M. and called the meeting back to order at 7:50 P.M. MISCELLANEOUS MATTERS Fence Variances Administrator Kucera presented a copy of Ordinance 1,342 which was adopted in 1979 and which has since been amended. The Ordinance called for a variance to be allow- ed for any of the construction requirements of the Chapter on fencing. It also provided for a variance procedure. He also presented a copy of Municipal Code Section 17.80 which is the variance procedure under the Zoning Regulations. The Planning Commission had requested this information to be brought before them in order that they might decide on a recommendation for amending the variance pro- cedure to the existing fencing requirements. Planning Commission Minutes July 219 1981 Page 4 There was a discussion on whether or not the variance procedures have a fee of UOD or $10. It was noted that the $100 fee tends to discourage requests for variances unless the situation truly demands a variance. There was also a discussion on whether the fence variance fee should be $100 per lot. A discussion also occurred on the merit of the fence variance procedure in Or- dinance 1342 as opposed to Municipal Code Section 17.80. A motion was made by Commissioner Freeman to recommend to the Council that vari- ances be allowed to the construction requirements of the Fencing Code. A second to the motion was made by Commissioner Himmelman. All Commissioners voted yes and the motion was approved. A motion was made by Commissioner Freeman to utilize the variance procedure in Municipal Code Section 17.80 as the variance procedure for fencing requirements. A second to the motion was made by Commissioner Novasad. All Commissioners voted yes and the motion was approved. Chairman Hillyer's Resignation Chairman Jean Hillyer stated that she hereby submitted her resignation from the Planning Commission effective August 1st. She has thoroughly enjoyed her tenure on the Planning Commission. House Numbers A short discussion followed on the requirement for house numbers within the City. ADJOURNMENT A motion was made by Commissioner Himmelman to adjourn the meeting. A second to The motion was made by Commissioner Novasad. All Commissioners voted yes and the motion was approved. Chairman Hillyer adjourned the meeting at 8:32 P.M.