Agendas and Minutes

Planning Commission (View All)

Hearings Board

Tuesday, July 08, 2008

JULY 8, 2008

Commissioner Dotterrer called the meeting to order at 1:30 p.m. in the Civic Center Council Chambers, 1175 E Main Street.

Commissioners Present: -- Staff Present:
John Stromberg Adam Hanks, Permit Center Manager
Michael Dawkins April Lucas, Administrative Assistant
Michael Church Angela Barry, Assistant Planner
April Lucas, Administrative Assistant

Stromberg announced the June 10, 2008 Hearings Board minutes would be approved at tonight's Planning Commission meeting.


A. PLANNING ACTION: 2008-00762
SUBJECT PROPERTY: 146 & 156 Clear Creek
DESCRIPTION: Site Review approval for two, attached wall 3-story mixed-use commercial and residential buildings. The two buildings comprise approximately 5,500 square feet. The ground floor of each building will be office and the upper two floors residential space. Two residential units are proposed in the development. The site is located in the Detail Site Review Zone, and is subject to the Detail Site Review Standards.

No discussion. Action stands as approved.

B. PLANNING ACTION: 2008-00654
APPLICANT: David Oas & Lyn Owens
DESCRIPTION: Request for a two-lot Minor Land Partition approval for the property located at 508 Tucker. The new parcel will front on Thornton Way.
COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP #: 39 1E 05BD; TAX LOTS: 1801

No discussion. Action stands as approved.

C. PLANNING ACTION: 2008-00596
APPLICANT: Ashley Jensen
DESCRIPTION: Physical and Environmental Constraints Review Permit for the development of hillside lands including severe constraints land. The proposal is to construct a new single-family residential home, the associated excavation for utility installations and driveway construction. The application also includes an Administrative Variance for the height of the retaining wall along the north property line to exceed the allowed five-foot height limit. Property is located at 165 W. Fork.
COMPREHENSIVE PLAN DESIGNATION: Single-Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP #: 39 1E 09BC; TAX LOTS: 3600

Assistant Planner Amy Anderson requested the Board review the Historic Commission recommendations. She explained applying these recommendations could cause significant changes to the application and therefore affect staff's approval. Ms. Anderson noted the applicant's planner and architect have not had the opportunity to review the recommendations submitted by the Historic Commission.

Church noted he has questions regarding the retaining wall issue and commented that this lot is almost un-developable. He suggested this item come back before the Hearings Board as a Type II application, which would allow the applicant and their architect time to review the Historic Commission's recommendations and work with staff. Stromberg noted this lot was grandfathered in and voiced support for having the applicant go back and work with staff.

Commissioners Church/Dawkins m/s for this application come back to the Hearings Board as a Type II application on the next available agenda. Roll Call Vote: Commissioners Dawkins, Church and Stromberg, YES. Motion passed 3-0.

D. PLANNING ACTION: 2008-00925
APPLICANT: Dan Heller and Mary Beth Burton
DESCRIPTION: Site Review approval for a 390 square foot addition to the second story of an existing residence that is part of a multi-family development located at 872 B Street. COMPREHENSIVE PLAN DESIGNATION: Low-Density Multi-Family Residential; ZONING: R-2 ASSESSOR'S MAP #: 39 1E 09AC; TAX LOTS: 200

No discussion. Action stands as approved.

E. PLANNING ACTION: 2008-00907
APPLICANT: Polly Hodges
DESCRIPTION: A request for a Conditional Use Permit intensification of use of an existing non-conforming garage located at 33 Morse. The proposal is to convert the garage into an addition to the existing home.
COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP #: 39 1E 09AD; TAX LOTS: 5800

Assistant Planner Amy Anderson noted the Historic Commission's recommendations for this application should not be difficult for the applicant to meet and would not affect any other code requirements. She clarified the applicant was present at the Historic Commission meeting and is aware of the recommendations.

Action stands as approved.


A. PLANNING ACTION: 2008-00910
SUBJECT PROPERTY: 303 & 323 Oak Street
APPLICANT: Barry Peckham
DESCRIPTION: Minor land partition to divide the property at 303 Oak Street into two lots with one lot being a flag lot. The flag lot would share a driveway with the property at 323 Oak Street. The application includes a Variance request to reduce the required setback from 20 feet to 13 feet, a Variance request to reduce the required parking from 5 spaces to 3 spaces, and a Variance request to not pave the flag driveway. The applicant includes a request for a Physical and Environmental Constraints Permit for one parking space to encroach into the area designated as Flood Plain Corridor by the Land Use Ordinance. The application also includes a Tree Removal Permit for the removal of 3 trees, a 15-inch diameter-at-breast-height walnut tree, a 6-inch diameter-at-breast-height cherry tree, and a 6-inch diameter-at-breast-height mimosa tree.
COMPREHENSIVE PLAN DESIGNATION: Low Density Multi-Family Residential; ZONING: R-2; ASSESSOR'S MAP #: 39 1E 04CC; TAX LOTS: 5900 & 6000

Church read aloud the public hearing procedure for land use hearings.

Declaration of Ex Parte Contact
Stromberg indicated he performed a site visit, but had no ex parte contact. Church stated he went past the site, but has not been on the property. Dawkins stated he is familiar with the site.

Staff Report
Assistant Planner Angela Barry presented the staff report. She stated the property is approximately 12,000 sq. ft in size, it is zoned R-2, and is located in the Railroad Historic District and the Riparian Protection Zone. Ms. Barry explained the applicant is requesting a minor land partition to divide the property into two lots, with one being a flag lot. She stated the flag lot would share a driveway with the property at 323 Oak Street and the application includes the following variance requests:

1) Reduce the required setback from 20 ft. to 13 ft. in order to shift the building envelope away from the riparian area at the back of the property and maintain the historic property in the front.
2) Reduce the required parking from 5 spaces to 3 spaces. Ms. Barry clarified the proposal would still be an improvement over the current parking situation.
3) A variance request to not pave the flag driveway, which would allow them to preserve the tree.

Ms. Barry noted the applicant is also requesting a Physical and Environmental Constraints permit to remove three trees on the lot. She indicated staff is recommending approval with the proposed conditions.

Applicants Presentation
Mark Knox/700 Mistletoe Rd, Suite 204/Stated this application is not as complex as it sounds. He explained the applicant does not want to damage the historic integrity of the site and commented on a few of the elements of the application. Mr. Knox spoke to the current parking situation and stated this proposal would solve that problem. He also commented on the paving variance for the flag driveway, and explained this would save the Cedar tree located between the two houses.

Barry Peckham/303 Oak Street/Stated that he is the applicant and has owned this property for 30 years. Mr. Peckham noted that he has collaborated with his neighbor on this project and stated he intends to build his last home on this property. He clarified it would be a one-story home and would be as energy efficient as possible.

Public Testimony

Deliberations and Decision
Commissioners Church/Dawkins m/s to approve PA 2008-00910 with the conditions proposed by staff. Roll Call Vote: Commissioners Church, Dawkins, and Stromberg, YES. Motion passed 3-0.

Meeting adjourned at 2:15 p.m.

Respectfully submitted,
April Lucas, Administrative Assistant


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