Agendas and Minutes

Planning Commission (View All)

Hearings Board

Tuesday, August 12, 2008

AUGUST 12, 2008

Commissioner Stromberg 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
Michael Dawkins
Michael Church
Adam Hanks, Permit Center Manager
Amy Anderson, Assistant Planner
April Lucas, Administrative Assistant


A. PLANNING ACTION: 2008-01005
SUBJECT PROPERTY: 637 / 649 East Main Street
APPLICANT: Donnan and David Runkel
DESCRIPTION: Request for a Conditional Use Permit and Site Review approval to construct two additional motel units for the two properties located at 637 & 649 East Main Street, Anne Hathaway's Cottages. The motel units will be located at the rear of the 637 E Main Street property. The application includes a request for a Tree Removal Permit to remove an 11-inch diameter at breast height Ash tree, a request for an exception to the Site Design and Use Standards to not install the required five-foot landscape buffer between property lines and an exception to Street Standards to not pave the alley.
Assistant Planner Amy Anderson clarified the Applicant has seen the Historic Commission's recommendations and do not have any objections. She added these will be included in the conditions of approval.

Action stands as approved.


A. 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

Stromberg read aloud the public hearing procedures for land use hearings.

Declaration of Ex Parte Contact
No ex parte contact was reported.

Staff Report
Assistant Planner Amy Anderson provided the staff report. She explained this application was administratively approved in June and it came before the Hearings Board in July. At that time, it was called up to a public hearing by the Hearings Board due to the Historic Commission's recommendations which would have changed the project. Since the July Hearings Board meeting, the Applicant has adjusted the project to respond to the Historic Commission's issues and when they took this back before the Commission, they were fully satisfied. Ms. Anderson clarified the structure is no taller than what was previously administratively approved. She also noted Condition 8a regarding the fire prevention and control plan has been amended.

Applicant's Presentation
Kerry KenCairn/545 A Street/Representing Applicant/Provided a brief explanation of how the application was adjusted to incorporate the recommendations from the Historic Commission. She added meeting condition 8a would not be a problem.

Public Testimony

Deliberations and Decision
The Hearings Board indicated they have no issues with the application. Stromberg closed the public hearing and the record at 1:50 p.m.

Commissioners Church/Dawkins m/s to approve the application for the project at 165 W. Fork Street. Roll Call Vote: Commissioners Church, Dawkins, and Stromberg, YES. Motion passed 3-0.

Commissioners Dawkins/Church m/s to approve the Findings for PA 2008-00596. Roll Call Vote: Commissioners Dawkins, Church, and Stromberg, YES. Motion passed 3-0.

B. PLANNING ACTION: 2008-00801
APPLICANT: Bill Emerson for Jendrisak and Berry
DESCRIPTION: Request for a Conditional Use Permit and Site Review approval for a 592 square foot Accessory Residential Unit above a proposed two-vehicle garage accessed from the alley for the property located at 960 Harmony.
COMPREHENSIVE PLAN DESIGNATION: Single Family Residential; ZONING: R-1-7.5; ASSESSOR'S MAP #: 39 1E 15AC; TAX LOTS: 1500

Declaration of Ex Parte Contact
Commissioners Church and Dawkins indicated they performed site visits, but had no ex parte contact. Commissioner Stromberg also declared no ex parte contact.

Staff Report
Assistant Planner Amy Anderson provided the staff report. She stated this application was preliminary approved in June for review at the July Hearings Board, but it was called up for a public hearing by a neighbor. Ms. Anderson noted the location of the property. She stated it is zoned single family residential and the parcel is roughly 10,500 sq. ft in size. Ms. Anderson stated the request is to construct a 592 sq. ft. accessory residential unit above a proposed two-vehicle garage that would be accessed from the alley.

Ms. Anderson clarified adequate public facilities are available. She also noted the original utility plan was adjusted to respond to the neighbor's concerns regarding storm water drainage and the revised plan includes the installation of a 6 in. storm drain with 4 in. stub-outs for each parcel below the subject lot that will run down the alley into an existing storm water catchment.She added the City's Engineering Department has reviewed this proposal and have recommended a grate be added at the end of the alley to further improve the storm water drainage.

Ms. Anderson noted the concerns raised by the neighbor regarding lack of paved access. She explained the structure is proposed to be accessed from an unimproved alley, which is off an unimproved road. She stated the applicant's proposal meets the intent of the City standards and to require this access to be paved would be disproportionate to the impact of the accessory unit. Ms. Anderson added the proposed unit is architecturally compatible and also complies with the lot coverage requirements. She noted a potential condition would be to require that the extra parking space be pervious. She clarified the Applicant is not required to, but are proposing to pave the parking spaces. Ms. Anderson clarified the existing garage is used for storage, however the Hearings Board could require that the Applicant sign a no kitchen agreement if they feel this is necessary.

Ms Anderson clarified this parcel fronts Harmony Lane, which is a paved road, and it is staff's position that the paved access requirement has been met.

Applicant's Presentation
Bill Emerson/Clarified the property owner does concrete work for a living and uses the existing garage for the storage of his tools. He noted the current parking congestion along Harmony Lane and stated even though they are only required to provide 4 parking spaces, they are proposing 6. Mr. Emerson commented on the storm drainage and provided a brief explanation of their revised plan. He stated the existing residence is 1,234 sq. ft and they could construct a 1,491 sq. ft. addition without any conditional use permits; however, they are only proposing to construct a 592 sq. ft., one-bedroom unit above the garage.

The Hearings Board asked if the applicant would be willing to use pervious pavers for the parking spaces and they indicated "Yes."

Stromberg read aloud a statement from Cynthia Dion, which requested the Hearings Board deny the Applicant's request for a conditional use permit.

Public Testimony
Ronald Doyle/945 Hillview Drive/Submitted written testimony into the record and asked that the Planning Commission keep the record open for 7 days. Mr. Doyle listed the following approval criteria that he feels have not been met: 1) AMC 10.104.050.A: Mr. Doyle stated there is no survey of the property or the alley and therefore it is not possible for staff to determine whether the proposed development complies with the required setbacks for structures or solar access. Additionally, it is not possible to determine whether the storm drain will lie within the public right of way or intrude onto private property. And 2)10.104.050.B: Mr. Doyle stated the address is on Harmony Lane, but the access to the proposed structure is off the alley and all of the vehicle traffic for this unit will be down the unpaved roadway. Mr. Doyle noted his written testimony outlines several other criteria that have not been met and restated his request to leave the record open so that the Hearings Board will have the opportunity to read his testimony.

Jean Crawford/923 Harmony Lane/Voiced her concerns regarding traffic and parking congestion. She stated the parking situation on Harmony Lane is impossible and stated there is no room for the current residents of the neighborhood to park, let alone additional tenants. Ms. Crawford stated the applicant's current garage has no vehicle entrance and to her knowledge it has never been used to park cars. Ms. Crawford asked that the proposed structure not have a Harmony Lane address and that there not be a path from Harmony Lane to the proposed unit.

Questions of Staff
Permit Manager Adam Hanks clarified surveys are not required until the application reaches the building permit stage. He stated at that time if any errors are identified, the approval would have to come back and be modified. Ms. Anderson stated it is staff's position that the conditional use criteria can be met. Mr. Hanks added if there is paved access to the parcel, this satisfies the paved access criteria.

Rebuttal by the Applicant
Bill Emerson/Commented on the plans that are included in the record and stated everything he has presented is accurate and does work with what has been proposed. Mr. Emerson stated the runoff issues on the alley are preexisting and have nothing to do with this property. He commented that there is a great storm drainage that is not being used and also commented on the parking situation. He added there will be 6 parking spaces for the parcel even though they are only required to provide 4.

Deliberations and Decision
Stromberg closed the public hearing and announced the record would be left open for 7 days, after which the Applicant will have 7 days to submit rebuttal.

Commissioners Church/Dawkins m/s to continue this application to the September 9, 2008 Hearings Board Meeting. Roll Call Vote: Commissioners Church, Dawkins, and Stromberg, YES. Motion passed 3-0.


Meeting adjourned at 2:55 p.m.

Respectfully submitted,
April Lucas, Administrative Assistant


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