April 13, 2010
CALL TO ORDER
Chair Pam Marsh called the meeting to order at 7:00 p.m. in the Civic Center Council Chambers,
John Rinaldi, Jr.
Brandon Goldman, Senior Planner
Derek Severson, Associate Planner
Richard Appicello, City Attorney
April Lucas, Administrative Assistant
Eric Navickas, absent
Senior Planner Brandon Goldman introduced the Cityís new Assistant Planner Michael PiŮa to the Planning Commission.
A. Approval of Minutes.
1. March 9, 2010 Planning Commission Minutes.
Commissioners Dotterrer/Dawkins m/s to approve the Consent Agenda. Voice Vote: all AYES. Motion passed 8-0.
No one came forward to speak.
TYPE II PUBLIC HEARINGS
A. PLANNING ACTION: #2009-00726
SUBJECT PROPERTIES: 720
APPLICANT: McDonald, Lynn & Bill
DESCRIPTION: Appeal by Bonnie Brodersen of the Staff Advisorís decision to approve a Physical and Environmental Constraints Review Permit for the property located at
Commissioner Marsh read aloud the public hearing procedures for land use hearings.
Declaration of Ex Parte Contact
Commissioners Dawkins, Blake, Mindlin, Dotterrer, Rinaldi and Marsh reported site visits. No ex parte contact was reported by any of the commissioners.
Commissioner Marsh read aloud the applicable criteria for this planning action; she also noted a letter was submitted by the Appellant, Bonnie Brodersen, requesting the record be kept open for 7 days.
Associate Planner Derek Severson presented the staff report for this application. He reviewed the location of the subject property, the Applicantís prior approval, and their current proposal. He explained the Applicant had previously received approval to improve the driveway leading to their property which crosses the corner of tax lot 411. At the time, the owners of tax lot 411 verbally agreed to an access easement; however the Appellant, Bonnie Brodersen, is now the owner of that property and is not willing to grant the same easement. Due to this change in access, the Applicantís are proposing to construct a new driveway that would be located 13 ft. closer to the creek in order to avoid the corner of the Ms. Brodersenís property. Mr. Severson noted the previously approved improvement would have resulted in approximately 324 sq. ft. of disturbance within the riparian zone, and the current proposal will result in 743 sq. ft. disturbance.
Mr. Severson addressed the concerns raised by the Appellant. He clarified while staff does not believe the proposed driveway improvement will impede access to the Appellantís property, staff is recommending that the Applicantís landscape plan be revised to ensure future access to this property. He stated the Appellant has also raised objections with which ordinances apply. Mr. Severson clarified the bulk of the Applicantís property, including the area identified in the application, are entirely below 25% slope, and therefore the Severe Constraints ordinance does not apply. Additionally, the Water Resources ordinance does not apply because this application was submitted prior to that ordinance taking effect.
Mr. Severson clarified this application was previously granted an extension and has been extended again through the Recession Extension Ordinance. He explained the question before the Commission this evening is whether to approve the driveway improvement which results in 743 sq. ft. of disturbance. He clarified this application is substantially the same as the previous application and results in the same end product on the ground. He stated the Applicantís have exhausted all of their options to access their property from the only available right of way and stated staff is recommending the Commissionís approval.
Mark Bartholomew/Applicantís Representative/Mr. Bartholomew introduced Landscape Architect Kerry KenCairn, Engineer Mike Thornton, and noted the applicant Lynn McDonald is also present. Mr. Bartholomew stated the staff report does a good job of identifying the issues and presenting the history as clear as possible. He commented that they have been working on this for many years and provided some background on this project. He explained this action started as a simple building permit, but that administrative approval was appealed by the neighbor, Bonnie Brodersen. He stated the Applicants voluntary remanded the application and the City agreed to address Ms. Brodersenís assignments of error. The application was taken before the Planning Commission and approved, but that approval was then appealed by Ms. Brodersen. An appeal hearing was held in front of the City Council and the Council upheld the Planning Commissionís decision. Ms. Brodersen then appealed the Councilís decision to the Land Use Board of Appeals (LUBA), who also ultimately upheld the Cityís decision. Mr. Bartholomew explained that following the affirmative LUBA decision, the Ms. Brodersen purchased the adjacent property and will not grant the same easement identified in the original application. With that option exhausted, Mr. Bartholomew stated they are now forced to construct a separate driveway closer to the creek. He stated they have no other alternative and this is the only access to the property.
Mr. Bartholomew clarified the portion of land that would be disturbed is further away from the creek than the existing Grandview Drive, and stated the Land Use Code allows for this as long as the disturbance is kept to a minimum.
Mr. Bartholomew acknowledged the Appellantís request to leave the record open for 7 days and asked that they be granted an additional 7 days to submit final written argument.
Joseph Bova/821 Grandview/Voiced his support for the Commissionís approval of this application and stated construction of a single family home in this location will be an improvement to the neighborhood. Mr. Bova commented on the Appellantís objections and stated the nearby intermittent creek is non-fish bearing and is not a significant riparian corridor. He thanked the Applicants for the measures they are taking to keep pollutants from entering the creek and stated the proposed driveway may actually reduce the amount of sediment. Mr. Bova commented that the Appellant in this action raised the same arguments in the mid-1990ís when she appealed the building site for his home. He questioned the Appellantís motivations and stated if she truly cared about the environment she would grant the easement that would allow the driveway to be located further back from the riparian area. But since she is unwilling to do so, the Applicants are forced to move the driveway closer to the creek. Mr. Bova concluded his testimony by encouraging the Commission to support this Application.
Rebuttal by the Applicant
Kerry KenCairn/Projectís Landscape Architect/Noted a concern has been raised in regards to the Ponderosa Pine tree and noted the Arboristís letter included in the packet indicates there is no threat to this tree as part of this application. She added they are doing everything they can to stay as far away from the creek as possible. In regards to the proposed condition to modify their landscape plan, Ms. KenCairn stated she did not realize this was an access lot and stated it will not be a problem to modify the landscape plan.
Commission Marsh closed the public hearing at 7:40 p.m.
Questions of Staff
Mr. Severson clarified staff is asking that the Applicantís landscape plan be adjusted so that their plantings do not impede future access to the adjacent tax lot.
In terms of the new driveway, Mr. Severson clarified the Applicantís will have to grade a transition from the gravel to a paved surface.
Commissioners Dotterrer/Rinaldi m/s to leave the record open until April 21, 2010 at 4:30 p.m. (final written arguments will be due by April 28, 2010 at 4:30 p.m.) and to continue this item to the May 11, 2010 Planning Commission meeting. Voice Vote: all AYES. Motion passed 7-0.
A. Approval of Findings for 2010-2020 SOU Campus Master Plan (PA-2009-00817)
Commissioners Dawkins/Morris m/s to approve the Findings for Planning Action 2009-00817. Voice Vote: all AYES. Motion passed 7-0.
Meeting adjourned at 7:50 p.m.
April Lucas, Administrative Assistant