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HomeMy WebLinkAboutJune 6, 1978 Planning Commission Meeting City Hall Council Chambers June 6, 1978 o Meeting was called to order by Chairman Don Banks. Roll call found Members Emery, Halley, Loveland, McManama, Nordby and Chairman Banks present. Absent were Mann, Messmer and Waldron. Others present were City Administrator Kucera, Engineer Hendershot, Bldg. Inspector Ritchey and Secretary Stamper. Minutes of the May 16, 1978 meeting were approved in motion by Halley, seconded by Loveland and carried with all in favor. Agenda items as the order of , business were: Public Appearances- 1. Appearance by Mrs. Sherry McMann, 1109 North Tenth Street (corner of Crest Drive for request of variance for a fence within the 20-foot setback of the corner lot. Municipal Code section 15.20.070 was read by Bldg. Inspector Ritchey. Mrs. McMann was informed that variance requests were allowed under certain conditions and that sheicould apply to the City Administrator's office for further informa- tion. 2. Request for a home occupation by Howard Tathewson at 209 Victoria Way to allow fabrication and assembly of health aids for the handicapped at that address. Mr. Mathewson demonstrated several small items he had made that were available. Just charges enough to cover his expenses as some of his materials are donated and he in turn could donate the aids to those needing. Mr. Mathewson had appeared before the City Council to demonstrate his items on May 25th and the Council had waived payment of any fees for the applicant. Chairman Banks requested a motion to hold 0 a public hearing to allow the conditional use home occupation request be heard. Motion by McManama, second by Halley to hold a public hearing on June 20th. Notices to be mailed to the propertyowners within 300 feet of the applicant's property at no cost to Mr. Mathewson, as well as advertisement in the newspaper. Old Business Was the presentation of a landscape review by Architect Dale Culbertson representing First Federal Savings & Loan, 62 North Third Street (Block 3 of Original Town, J.C. map. 37 2W 3DD, Lots 6 and 7, Tax Lot 8600). The prior plan submitted had no place for people to leave their vehicles on Manzanita Street because of curbside plantings. This plan showing low-lying plantings within boxed areas and plenty of space via concrete walkways joining the sidewalk, was explained with drawings, available to all. Upon recommendation of Bldg. Inspector Ritchey, motion to approve the landscape plan was made by Emery, seconded by Nordby. Carried with all in favor. New Business Public Hearing for Conditional Use Permit for a home occupation of Clarence and Adonda Meadows, 112 Saxbury Drive. Because of proximity of residence of Chairman Banks and the applicant, the public hearing was conducted by Vice-Chairman Richard Halley. Applicant requesting the operation of- a family home unit child care service at that address. Mrs. Meadows explained her services involving taking care of child- ren 10 hours per day; ages 2 to 5 pre-school plus after school care for older elementary school children at the present time. She intends to care for a total of 10 children and plans on one other person to assist her. She stated she is licensed by the State and is the only person in Jackson County under the program funded by 0 the State. Mrs. Fern Lottes, 204 Saxbury Drive, from the audience, questioned if this would set a precedent for the Subdivision and commented on traffic and congestion. Mrs. Lan Nada Giorgetti of 202 Saxbury (in the audience) inquired if Mrs. Meadows would ever Planning Commission Meeting June 6, 1978 - Council Chambers have more than 10-12 children. Mrs. Meadows answered she would not, as she did not have the square footage to accommodate more and she is governed by State 1 regulations. Vic e-Chrmn Ha lley stated the State would detendned according to their rules and regulations and the City would not be involved with number of children and square footage. Mr. Rudy Giorgetti, 202 Saxbury, also in the audience inquir- ed and questioned if starting business in the Subdivision and the neighborhood not conducive to this type of business and is against the Covenants of the Subdivision. Chairman Pro-tem Halley inqyired of the Covenants and sections were read into. the record by Bldg. Inspector Ritchey; the Covenants being part of the file of the Subdivision when accepted by the City. City Admin. Kucera spoke that the City does not enforce the Covenants of a Subdivision. The Developer submits them as part of the Subdivision at the time the subdivision is built and ac- cepted by the City...and no changes can be made without signatures of the majority of those people affected to grant a change to the Covenants. Contin- uing, Mr. Kucera stated that it would be up to those propertyowners of this Subdivision, the residents, and the majority can override the fuling of a Planning Commission or City Council; by private action and not by any City action! Vice-Chairman Halley said a petition would have to be taken by the applicant, then, to each homeowner. Member Emery stated that the residents then, have power to change covenants as is desired. City Admin. Kucera stated the petitioner could furnish 51% majority. signatures and as such any decision could be withheld by the Planning Commission regarding the application until such time as the signatures making a majority approving the Conditional Use Home Occupation permit is then submitted. Discussion held. No one else wish- ing to speak, the Public Hearing portion was closed in a motion, made and seconded and carried. Vice Chairman Halley explained the alternatives 1. Applicant to address all propertyowners for signatures for a 51% majority to change the covenants and allow the business at 112 Saxbury Drive, and 2. Postpone this matter to another time or to the next Planning Commission meeting of June 20, 1978 if the signatures can be secured. . Motion made by McManama, seconded by Loveland to continue to the meeting of June 20, 1978, etc. Roll call vote, all in favor with the exception of Don Banks who abstained. Motion carried to table until all propertyowners in West Pine Villa Subddvision have been contacted for 51% of approving signatures to allow this usage for a home occupation conditional use permit and stated on the petition form, and for continuation of the public hearing to June 20, 1978. Next was the Public Hearing to Amend sectionsof the Municipal Code; Sections 17.24.080 and 17.28.085 in the R-2 and R-3 zones referred to the Planning Com- mission by the City Council. Discussion on clarification of "street" and "alley", and width of the alleys. Don Becker, 263 No. Fifth Street spoke from the audience. He felt the change would hurt him and-restrict his use of his land. Ordinance will prevent using the alleys as ingress and egress to rear of lots, and, would prevent. creation of "flag lots". Mr. Becker recom- mends the City should pave entire alleys in the City for people to use. No further comment from the audience for or against the proposed amendments, other than Mr. Beck requested "buffers" built in the alleys. Publie'portion"of the hearing was closed. Discussion held. Recommendation of the Planning Commis- sion is adding the R-2 zone at the 17.24.080 heading and in paragraph B - . "each of said additional lots have standard street access and are not "flag lots"; additing. the R-3 zone at the 17.28.085 heading and in paragraph B - "Each of said additional lots have standard street access and are not flag lots". Wording change was approved with all in favor of those members present. Planning Commission Meeting June 6, 1978 - Council Chambers New business (continued) a 1068 Review for Crater General Hospital remodelling project at 600 So. Second Street, J.C. map 37 2W 11BC, Tax Lot 700 was explained by Planner Dave Straus representing the applicant. Proposed change of covered patio area into 3 Inten- sive care rooms and moving' of equipment rooms, new nurses station, consulting office and restroom. Would involve rearrangement of wall and rafters and ceiling joist's to close in over the new open walk. Question by Halley if State Fire Marshall would have to approve the plans. Bldg. Inap. Ritchey said "no", that the code is established by the State Hospital Board for their approval.' Upon recommendation of Bldg. Inspector Ritchey, the Commission approved remodelling plans in motion by Emery, second by Halley and by roll call vote with all voting in the affirmative, the motion carried. Applicant for Minor Partition on Tax Lot 4800 J.C. map 37 2W 3AB located at 900 Scenic Avenue was represent3d by Cody Middendorf with owner John Sargent not present. Discussion held.' Request to divide off approximately 1/3 of the property and comply to the R-1-8 zone of 13,000 sq. foot parcel that would be divided from the large portion. Representative Middendorf inquired of the Commission of any other way to feasibly divide the property and comply with regulations. Further discussion. Matter was tabled to June 20th meeting when representative requested more time to have a better presentation for his client based on information learned about dividing the total parcel, outright uses of the R-1-8 zoning, and a possible subdivision. Motion to table the Minor Partition request was made by Halley, seconded by Emery with all in favor. Motion carried. No further business, motion to adjourn made by Emery, seconded by Nordby and passed with all in favor. Meeting adjourned at 9:15 P.M. Planning Commission Secretary. 8 June 1978 TO: Mayor and Council FROM: Don Banks, Chairman, Planning Commission SUBJECT: ..Planning Commission Report of Meeting of June 6, 1978 First order of business was request for home occupation conditional use permit for Howard Mathewson, 209 Victoria Way, Tax Lot 128, J.C. map 37 2W 3AC. Waiver of fees granted by City Council on May 27, 1978. Planning Commission scheduled the date of June 20, 1978 for public hearing and notification to the concerned propertyowners. Landscape Review for,First Federal Savings & Loan, 62 North Thhrd, T.L. 8600, Lots 7 & 8 of Block 3, Original Town was approved as presented; eliminating solid plantings at the curbside of Manzanita by having plantings contained in planned areas allowing egress from parked vehicles, and room for sidewalk openings between the plantings, based on staff report by Bldg. Inspector Ritchey. Under New Business was public hearing for conducting a "Family Home Unit" day care for children at 112 Saxbury Drive, Applicant Mrs. Adonda Meadows. Mrs. Meadows stated she would provide care for up to 12 children; before and after school ranging in ages from 2 years upward. Public Hearing was continued until applicant can prove the operation will not interfere with the recorded covenants of West Pine Villa Sub- division. She must furnish the Planning Commission signed petitions for approval from 51% of the homeowners. Public Hearing for Amendment to the Municipal Code Sections 17.24-080 and 17.28.085 in the R-2 and R-3 Zones request of the City Council. Don_Becker, 263 No. iFifth St; spoke against the proposed amendments. Planning Commission recommends clarification by adding the R-2 zone at the 17.24.080 heading and in paragraph B - "Each of said additional lots have standard street access and are not flag lots"; adding the R-3 zone at the 17.28.085 heading and in paragraph B - "Each of said additional lots have standard street access and are not flag lots." Wording change was approved with all in favor of those members present. 1068 Review for Crater General Hospital remodelling project at 600 South Second St. , J.C. map 37 2W 11BC, Tax Lot 700 was explained by Planner Dave Straus, representative. He informed Commission of change of covered patio area into 3 intensive care rooms and moving of equipment rooms, according to code and State Hospital Board approval. Upon recommendation of the Building Department, Commission approved the remodelling as presented. Applicant for Minor Partition on Tax Lot 4800, J.C. map 37 2W 3AB located at 900 Scenic Avenue was represented by Cody Middendorf. Discussion held. Request to divide off approx. 1/3 of the property and comply to the R-1-8 zone of 13,000 sq. foot parcel that is divided from the larger portion. Owner John,Sargent could divide larger portion into a small subdivision later on. Matter was tabled to Jnne 20th as the representative requested more time to use the land in a better presentation for his client.