Council Communication

Appeal of Planning Action 2005-00056 - Request for a Site Review approval to add three off-street parking spaces on the east side of the building adjacent to Rogue Place, to relocate the refuse/recycle area, and to expand the outdoor patio area of the residence on the north side of the building for the property located at 394 Hersey St. An Administrative Variance to the Site Design and Use Standards is requested to located the off-street parking between the building and the street. A Variance is requested to exceed the maximum allowable number of automobile parking spaces by two spaces - a total of six surface parking lot spaces are permitted and eight are proposed.
Meeting Date:	May 3, 2005		Primary Staff Contact: Maria Harris, 552-2045 harrism@ashland.or.us
Department:	Planning		Secondary Staff Contact: John McLaughlin, 552-2043, mac@ashland.or.us
Contributing Departments:
Approval:	Gino Grimaldi

Statement: There are three public hearings on the agenda for the May 3, 2005 meeting (CDBG Consolidated Plan, CDBG Action Plan, PA 2004-150/87 and 65 Fourth Street) that are more time sensitive than the review of Planning Action 2005-00056, 394 Hersey Street. Since it is unlikely that the Council will be able to review this fourth item before the 9:30pm deadline, Staff recommends opening the public hearing and continuing the item to the May 17, 2005 meeting. The announcement will need to include the date, time and place of the May 17, 2005 meeting. The verbal announcement of the public hearing satisfies noticing requirements. Staff has contacted the applicants and appellants about this delay so they will not have to attend the meeting. The record for Planning Action 2005-00056 was distributed prior to the regular packet for the May 3, 2005 meeting to provide additional time for the Mayor and Council to review the materials. The Planning Action was approved by the Hearings Board on February 8, 2005, and the decision was subsequently appealed. The public hearing is scheduled for the May 3, 2005 Council meeting.

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Background: On January 7, 2005, the applicant filed the request for the above referenced planning action. On January 19, 2005, the application was deemed complete by staff. The 120-day limit expires on May 18, 2005. The applicant granted a 30-day extension to the 120-day time limit resulting in the new time limit of June 17, 2005. The Council will need to make a decision on this action at the May 17, 2005 meeting so that findings can be prepared and adopted at the June 7, 2005 meeting. Review of the application was held in front of the Tree Commission on February 3, 2005. Their comments are included in the record. The Tree Commission recommended that specific conditions be attached to the action, should it be approved by the Planning Commission. A public hearing was properly noticed and scheduled to be held in front of the Hearings Board on February 8, 2005 at which time testimony was heard and evidence was submitted. The Planning Commission voted to approve the Site Review, Administrative Variance to the Site Design and Use Standards and Variance by a unanimous vote. The Hearings Board adopted the findings supporting their decision to approve the application on March 8, 2005, and the findings were mailed to the involved parties on March 9, 2005. A timely appeal was filed by Gary R. Moore on March 21, 2005. The appeal request stated four issues as the grounds for the appeal. Subsequent to the appeal request, the appellant and the applicant submitted further information. Staff will submit a response to the further submissions for Council review to be included in packet for the May 17, 2005 meeting.

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Attachments: (click on link below to view attachment) Record of Planning Action 2005-00056

PlanningRecord-RoguePlace.pdf (5108KB)

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