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HomeMy WebLinkAboutOctober 16, 1979 Planning Commission Meeting City Hall Council Chambers October 16, 1979 Meeting was opened by Vice Chairman Earl Nordby at 7:35 P.M. Roll call found the following members in attendance: Dave DeArmond, Jean Hillyer, Walt-McPherson, Earl Nordby and Roy Sorensen. Absent were Orville Hamer, Fred Misik, Ben McManama and Rich Thelen. Also present were City Administrator Kucera, Admin. Director Donahue, Building Official Ritchey and Secretary Stamper. Motion made by Hillyer, seconded by McPherson to approve the Minutes of October 2, 1979 meeting. All in favor and carried. Correspondence and Public Appearances -1. Copy of newest Oregon Legislative laws passed effective October 3rd con- cerning political subdivisions such as cities must ban smoking at their public meetings. ..therefore smoking is no longer permitted during Planning Commission meetings. 2. Report on housing types and percentages in 7 area cities in the Bear Creek basin copy provided each P.C. member for review.). No one came forth in a public appearance. 0 Old Business Proposed construction of a 4-Plex at 162 North First Street, J.C. map 37 2W 3DD in Block 12 of Original Town, Lots 7 and 8 Tax Lot 6200). Applicants John Schleining and Wayne Van Wey. Representative Richard Stevens, in an appearance at the October 2, 1979 Meeting had requested a continuation of the matter till now. No one appeared in support of the application. The matter was tabled. Commissioner Thelen arrived at 7:40 P.M. New Business Request for fence variance at 1110 Freeman Road in Valley Estates Subdivision Unit #2 on J.C. map 37 2W 11CA for Lot 12 in Block 7 (Tax Lot 142). Mr. Frank Wallace of the Freeman Rd. address appeared and stated his request to construct a 32' chainlink fence up to the sidewalk edge and eliminate unsightliness of a strip of land between his property line and the public right of way. Snapshots, were passed to thr Commissioners for viewing. Letter prepared by applicant Wallace was read into the record. Staff report prepared by Bldg. Official Ritchey was read into record and map of area of concern provided. Report stated Freeman Rd. right-of-way to be 60' and street developed to a 36' width between curbs. Protective covenants in Subdivision prohibit fences, walls or hedges be placed on any lot nearer to the street than the building setback line. This request not in compliance with City Code said Ritchey. Question to Kucera about right- of-ways and allowance of fencing inside right-of-ways? Discussion. Variance may be granted in certain cases for property owner to enjoy his property to the fullest.. .public property is not addressed in the Code Book. More discussion. (Bldg. Official Ritchey was asked to investigate violations that may be evident in the City at the present time by City Administrator.) Planning Commission Meeting October 16, 1979 page 2 New Business (continued): Motion made by Commissioner DeArmond to not allow the variance for fence at 1110 Freeman Road as it does not meet with City Code regulations and the existing covenants of the Subdivision. Question on "covenants" of a sub- division asked of Kucera who replied..."The Planning Commisssion is not required by ordinance to insure compliance with deed covenants. Homeowners in this Subdivision would have standing to request deed covenant compliance by use of a civil suit process in circuit court." Motion was seconded by Hillyer. Roll call voter "Ayes" were DeArmond, Hillyer, Nordby, and Thelen. "Nayes" were McPherson and Sorensen. Motion carried to deny re- quest. Mr. Wallace was informed of his right to appeal the Planning Com- mission's decision to the City Council within the 15-day limitation for appeals. Mr. Wallace indicated he would appeal the ruling. . 1068 Plan Review for Quality Insulation Warehouse Addition at 106 Amy Street, J.C. map 37 2W 10AA in the Amy Harbaugh Addition on Tax Lot 5400 was next order of business. Applicant Don McGrew was present as well as his contract- or Doyle Fox. Staff report presented by Bldg. Official Ritchey containing items 1 through 7, and plans displayed. Meets all code requirements of the M-1 Zone. Motion by McPherson to approve the 1068 Plan Review for the pro- posed warehouse addition of 3900 square feet for Quality Insulation at 106 Amy Street based on Staff recommendations. Motion received a second by Sorensen. Roll call vote, all in favor, carried. Miscellaneous Matters Returning to the item under Old Business of request for proposed construct- ' ion of a 4-plea at 162 North First Street...Discussion that Applicants were given the requested time to prepare Findings and then failed to appear as rescheduled. Bldg. Official Ritchey stated the. plans were in-house but no plan check fees as required for a 1068 Plan Review had been paid by the app applicants. Motion by Thelen to deny without prejudice because of conflict in the Compre- hensive Plan and Zoning problems concerning this matter, and because the representative failed to appear on his requested rescheduled date. Motion was seconded by Member McPherson. Roll call vote. Motion carried unanimous- ly to deny application without prejudice. No further business, motion made by McPherson and second by Sorensen to adjourn the meeting. Meeting adjourned at 8:35 P.M.