Loading...
HomeMy WebLinkAboutJune 1, 1982 Planning Commission Minutes City Hall Council Chambers June 1 , 1982 MEETING CALLED TO ORDER Chairman Fredericks called the meeting to order at 7:09 P.M. ROLL CALL Present were Chairman Fredericks and Commissioners Ellard, Christy, Freeman, and Piland. Excused, due to an over-load of work, was Commissioner Himmelman, and also absent was Commissioner Novasad. Mayor Don Jones and Councilmember Paul Golding were also present. Staff members present were Administrator Dave Kucera and Secretary, Peggy Malos. Commissioner Christy apologized for having not called prior to the last meeting, May 18, 1982, to explain that he would be unable to attend. APPROVAL OF MINUTES - May 18, 1982 Commissioner Freeman pointed out that the minutes reflected those members who were present, but did not state, specifically, that Commissioners Christy and Himmelman were absent. Commissioner Ellard made a motion to approve the minutes as corrected. George Freeman seconded the motion. Roll call vote: Ellard, yes ; Piland, yes ; Freeman, yes; and Christy abstained, due to having not attended the meeting. CORRESPONDENCE AND PUBLIC APPEARANCES Chairman Fredericks noted that he had received an announcement from the Historic Preservation League of Oregon, advising of a one-day seminar on Creating the Public-Private Partnership in Oregon's Downtowns, to be held Friday, June 4, 1982, from 9:00 to 4:30 P.M. at The Riverside in Bend, Oregon. He noted that the conference is designed to provide lenders, developers, and local government with an increased knowledge of the process of downtown revitalization. The announce- ment included a Pre-Registration form to be used by anyone who would like to attend. No public appearances at this time. BUSINESS A. Request for code interpretation by Planning commission to allow temporary mobile home on property at 415 S. Front Street The Administrator advised that Mr. O'Gara had decided to do something different on his property and would not appear at this time. 0 _ 1 _ Page 2 Planning Commission Minutes June 1 , 1982 BUSINESS - (Continued) B. Public Meeting to discuss and receive citizen testimony on proposed changes to the variance requirements of the zoning ordinances Administrator Kucera addressed the meeting and advised that there has been a proposed variance procedure, drafted primarily by Mayor Jones, that would establish consideration to grant a variance, and this has been put into Resolution No. 386, A Resolution of Intent to Amend the Variance Require- ments in the Zoning Ordinance. Following are listed the six proposed con- siderations for granting a variance: 1 . The variance will provide advantages to the neighborhood or the city. 2. The variance will provide beautification to the neighbor- hood or the city. 3. The variance will provide safety to the neighborhood or the city. 4. The variance will provide protection to the neighborhood ' or the city. 5. The variance will not have any adverse impacts upon the neighborhood. 6. The variance will utilize property within the intent and purpose of the zone district. The Administrator then advised that the purpose of the public meeting is to receive any discussion from citizens regarding this proposal , and for the Planning Commission to make recommendation to the Council on whether or not they feel the variance procedure should be amended. The six considerations, listed above, are proposed to cover not only the zoning variances, but also fence, sign, sub-divisions, and major-minor parti- tioning variances. Chairman Fredericks inquired as to whether or not, in the event the amendment is passed in the present form, the variances in the Municipal Code Book would still be in use. Administrator Kucera answered that it would not do away with the variances, but would establish different criteria to be met in order for a.variance to be granted. Under the new criteria, the Planning Commission should find that ' a variance will provide advantages to protect the city, provide beautification, safety, protection, and that it will utilize property within the intent and purpose of the zone district. - 2 - Page 3 Planning Commission Minutes June 1 , 1982 Mayor Don Jones addressed the meeting and stated that the intent is to adopt one procedure to cover all variances, adding that it is hard to address five different variances so they have been condensed to make it easier for the public. He added that he doesn't feel the variance requirements on the books as presently written are fair to the Planning Commission, Council , or the citizens , as they are not clear, and further stated that if the Planning Commission and Council can't under- stand them, the public certainly cannot be expected to do so. He stated that under the present variance requirements , there is no way to make a finding when the applicant must show unusual and extraordinary circumstances . Commissioner Ellard asked Mayor Jones if he felt the variance requirements, as amended, have enough "teeth" in them to protect the city in the event the Planning Commission might run into an adverse situation wherein they might not desire to grant a variance. Mayor Jones answered that consideration #5 gives Planning Commission "teeth" to justifiably turn down any request, and added further that a negative finding for any of the six requirements would require the variance to be denied. Commissioner Freeman stated that he agreed with the mayor, that previously there was no way of making a finding when unusual and extraordinary circumstances were involved. He then asked if there would be a basis fee for fence variances, or would the original fee be maintained. Mayor Jones stated that until the fee structure is changed, we would maintain the original fee, and added that other costs to citizens will be addressed in the future. Mayor Jones stated that people concerned with land conservation would particularly like the wording of number six, which reads: "The variance will utilize property within the intent and purpose of the zone district. " Commissioner Christy stated that he likes the wording of number 4, which includes neighborhood or the city together, and number 5, which includes neighborhood and surrounding area, adding that there are times when Planning Commission must con- sider neighborhood apart from the city in some variances. Commissioner Piland stated that he is in favor of amending the variance requirements. Chairman Fredericks asked for comments from the audience, but no one came forward. Garth Ellard made a motion to authorize the Planning Commission chairman to sign a resolution of recommendation to the City Council to amend the city's variance procedures in accordance with the proposal and Council Resolution #386, and further recommend to include utilizing that procedure for sign variances, fence variances , major and minor partitioning variances , sub-division variances, and zoning vari- ances. Owen Christy seconded the motion. All in favor. The motion carried. - 3 - Page 4 Planning Commission Minutes June 1 , 1982 MISCELLANEOUS George Freeman addressed the Planning Commission and stated that he wanted the members to be aware that a couple of months ago Mayor Jones and Councilmembers Donna Higginbotham and Paul Golding asked him to resign as a Planning Commission member, and again just prior to this meeting Mayor Jones asked him to resign. He added that he felt that he had done a good job in the two years he had been on the Planning Commission, and would not resign. Mayor Jones then explained the reasons why Mr. Freeman had been asked to resign, and added that Mr. Freeman had been informed that it was nothing personal , and that Mr. Freeman could probably handle many things successfully, but that he just isn' t "cut out for the Planning Commission". ADJOURNMENT Commissioner Piland made a motion to adjourn the meeting. Garth Ellard seconded the motion. All in favor. The motion carried. The meeting adjourned at 7:45 P.M. t 4 -