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HomeMy WebLinkAboutSeptember 4, 1979 Planning Commission Meeting City Hall Council Chambers September 4, 1979 Meeting was opended at 7:35 P.M. by Chairman McManama. Roll call found Members present to be Dave DeArmond, Jean Hillyer, Earl Nordby, Roy Sorensen and Rich Thelen, plus 3 vacancies existing on the Commission. Also present were City Administrator Kucera, Building Official Ritchey and Secretary Stamper. Council- man Jim Corliss was seated in the audience. Introductions were made of Walt McPherson, Jr. and Fred Misik and the oath of Office was administered by City Administrator Kucera to McPherson for Position #6 expires 1/01/81) and Misik to fill vacancy of Position #3 expiring 1/01/80). Absent from the group was Orville Hamer who has been appointed by Mayor and Council to fill vacant position #9. Minutes of the August 210 1979 were approved in motion by Nordby, second by Thelen and carried with all in favor. Correspondence and Public Appearances Notice of a Citizens Action Committee meeting set for Scenic Jr. High on Sept. 12th with an agenda item of proposed Church of Christ church to be located 400' north of Beall Lane at Bursell Road. Discussion. Zoned Rural Residential 2.5 acres. Piece of poperty contains 2 acres; within our own Urban Growth Boundary. Churches are a conditional use in the_ R zones of the City Code. City Admin. Kucera presented .an A-95 form from Jackson County Planning Dept. for proposed re-zoning of 5 acres to 1-acre-parcels at Gibbon Road and Truax Road outside our UGB. Meets public need for smaller lots to accommodate mobile home development for lower incomes._ This document was forwarded to us out of courtesy stated Kucera. Discussion. Decision of Planning Commission to reply to the A-95 request with "No Comment". Old Business Snow Annexation Findings of Fact were next item on agenda and presented by City Administrator with additions to Proponents findings as our Exhibit with "inserts".. ..Mr. Kucera detailed City Atty. Carter's opinion; applicant has not supplied data to substantiate the findings submitted in applicant's conclusions...Goal 11 Public facilities- no water is available, Page 5 bottom of paragraph 1; Page 6 item 2- problems of sewer, storn drainage water not answered; Page 7- Item not concluslively answered. Discussion on Item 5 of Page 8. Decision to move the Snow Annexation matter to the end of the regular agenda business. New Business Conditional Use Gloria Dei Lutheran Church request for Early Childhood Education School to be located at 745 North Tenth Street, J.C. map page 37 214 3AD on Tax Lot 4700; applicants Mr. Norman and Mrs. Wilma, Jahn, 2380 North Foothill Blvd., Medford, were present. Chairman McManama opened the Public Hearing. Findings presented by Mr. Jahn and read into record were accepted as Proponent's Exhibit #1. Mrs. Jahn explained request- plenty of space, beautiful site, no parking problems, follows School District #6 format and guidelines, 20 or so children, __many requests received by parents and the desire to open the school on September 17th. Planning Commission Meeting September 4, 1979 - page 2 New Business (continued) Planning Coamissionmember Sorensen questioned traffic on North Tenth Street in the speed zone of 25 MPH. h'ss. Jahn responded by stating children would be transported or walked by the parents and must be brought into the build- ing. The Police Department does 'patrol the area but there are no sidewalks available. Children can cut across from the west propertyline of the church property from the Mazama Village Subdivision Mrs. John continued. No othersPropoents wished to speak. Opponents were then invited to come forward by Chairman McManama. No one came forth. The public portion of the hearing was closed. Questions by Commissionmembers regarding number of children (20 to 30), number of sessions (may be 2; 1 in morning and 1 in afternoon-- but can't really say at this time), and how many teachers (3) answered Mrs. Jahn. ' Bldg. Official Ritchey reported that approval. has been received by the Church from the State Fire Marshall's office and the Jackson County Childrens' Ser- vices for restooms, kitchen facilities, etc. to accommodate up to 30 children. More discussion. Hearing ;procedure forms were filled in by Vice-Chairman Nordby; Findings are A. Site is adequate'; ' B. Site and street use Adequate in width and type of pavement for kind of traffic; C. No adverse effects - No changes to be made. Discussion then on painting crosswalk and school zone signing -and "who pays". Mr. Ritchey stated that a fence permit had been issed to the Church to curtail traffic on the west side of the property. Discussion on any additional con- ditions the Commission feels is necessary. Recommendation made that gate or gateway be installed at the pedestrian way on west side of property to elimin- ate ingress through other properties. on the west side from the Subdivision preventing foot traffic. Motion by Sorensen, second by Nordby for Commission to recommend to City Council- that a crosswalk be painted, as well as appropriate school zone signing on 10th Street with costs be absorbed by the Applicant. Roll call vote- McPherson and DeArmond abstaining and Hillyer, Thelen, Misik and , McManama voting "No"; Nordby and Sorensen voting "Yes". The motion failed. New motion by Hillyer for recommendation to the City Council for the City to paint crosswalk on No. 10th Street near Gloria Dei Lutheran Church school. Motion seconded by Sorensen. - Roll call vote received all in favor excepting abstention by Member DeArmond citing a conflict.. More discussion of fence on west side and southwest side of church property. Motion by Nordby to approve the Conditional Use permit with fencing requirement to place gate or gateway on west side at pedestrian pathway at applicant's expense and forwarding the. recommendation to- the City Council of the approval. Motion seconded by Misik. Roll call vote. All in favor to approve the Conditional Use for Early Child- hool Education School at Gloria Dei Lutheran Church with the fencing require- ment- excepting Member DeArmond who abstained. Carried with 7 members in favor. Planning Commission Meeting September 4, 1979 - page 3 New Business (continued) Public Hearing on the Variance Request by John Leventin, 588 North Fifth Street, J.C. map page 37 2{Y 3DA, Tax Lot 1600 in the R-1-7 zone. Request for construct- ion of family- garage within the side yard setback. Chairman McAfanama opened the Public Hearing then declared he lives within 300' perimeter- of the Applicant. Decision by members present that McManama not participate in any voting on the matter but could chair the public hearing. Declaration also made by McPherson for the same reason. He will also not participate in voting on the issue. Mr. Leventin made presentation for a 5' variance- in the side yard setback of the corner lot to allow construction of storage room, garage and workshop on property. He stated he purchased the property and that the former owner had converted the once garage into an office, and he had need of space to store materials and equipment for his work. Answered various questions from the Commissioners. Neighbor's fence is closer to side yard propertyline than Mr. Leventin's request to use 5' of the sideyard setback to construct his garage, etc. Public Hearing portion opened. Mr. Leventin was asked if he thinks the existing fence should be dismantled. He responded "Yes" Said his neighbor had asked for and received a variance to construct a swimming pool in the abutting yard. He needs more room also! No other Proponent-wished to speak. Opponents were invited to speak. No one came forth. The Public portion of the Hearing was closed. Commissioner Hillyer read Ordinance 17.80 -. citing "extra-ordinary reasons for allowing a variance. She questioned storage of materials on property that the Applicant stated he keeps; doors, finish- materials, etc., provides services to 100 plus apartments plus 3 Town and Rural offices and also senior citizens' services. Discussion by Planning Commissioners. Hearings form filled in by Nordby. Misik stated existing circumstances will be enhanced by removing the existing fence; abutting fence- of neighbor just further toward street then applicant's! Findings are: A. Neighbor's fence encroaching further than applicant's variance request is petitioning for; B. Preservation of property rights. Not applicable. .. propertyowner purchased home knowing there was no garage and needs one now for outside interests! C. Outweighed? No. No adverse effects. Motion by Hillyer to deny the applicant's request for a variance. Motion seconded by Nordby. Roll call vote: DeArmond, Misik, Sorensen voting "No". Hillyer, Nordby and Thelen voting "Yes", with 2 abstentions; McPherson and McManama. Tie vote, 3 yes and 3 no. City Administrator Kucera informed Commissioners that City Attorney's ruling that burden of proof is on the Proponent and therfore, a new motion is in order. Member Hillyer made motion to deny the variance based on the fact the Proponent has not provided burden of proof to substantiate his request and no extra- Planning Commission Meeting September 4, 1979 - page 4 New Business (continued) ordinary circumstances exist. Member Nordby seconded the motion. Roll call: DeArmond, Hillyer, Misik, Nordby, Sorensen and Thelon voting "Yes". Ab- staining were McPherson and-JlcManama. All in favor of those voting to deny request for variance to Mr. Leventin of 588 North Fifth Street. Motion carried. Mr. Leventin was informed his right to appeal to the City Council within 10 days. 1068 Plan Review for the Recreation Building for The Meadows Mobile Home Park was next order of business. Mr. Stan Harris, designer, representing Walker and Willcuts the Developers, was present. Site to be on property located on J.C. map 37 2IY 11A, Tax Lots 200 and 1101 off of Freeman and Hopkins Road. Plans were displayed. Recreation Building to be situated 700 feet into property. Mr. Harris stated the requirements of the Central Point Code defy interpretation and are impossible to measure up to; but the - plans will pass Medford's for insulation and siding. Insulation to be R-16 in sidewalls and R-19 in ceiling. Item 6 of the Staff report prepared by Ritchey states applicant to furnish heat loss calculation to U.B.C. , A-frame construction with 2 x 6 exterior wall. Landscaping plans not available. Plan on planting over 19000 trees and will provide landscaping plans before completion of Park said Mr. Harris. Fence along Freeman with berm and plantings to protect Mingus Creek and The Meadows property. City letter dated August 9, 1979 to Mr. Harris; items- 1 and 5 complied with; items 2 and 3 this week. Must allow start of construction per 1068 Ordinance and is in good order stated Ritchey. Discussion. Motion by DeArmond to approve the , 1068 Plan Review for The Meadows Recreation Building per staff recommenda- tions, seconded by Sorensen. Discussion on Ordinance for 1068.-- Requirement is that landscape plan re- view must also be furnished at time of 1968 Review. More discussion. Motion withdrawn. Second withdrawn. Motion by Iiillyer to approve the 1068 Plan Review subject to landscape Plan review being provided prior to completion of construction of Recreation Build- ing- and subject to Staff recommendations, and must be back no later than November 61 1979 Planning Commission meeting; seconded by McPherson. By roll call vote. The amended motion carried with all in favor. Last item on agenda is the continuance of Snow Annexation Findings of - Fact; to be reported on by City Administrator Kucera. Secretary was excused and left at 11 P.M.