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1. Call to Order
The Planning Commission meeting was called to order by Planning Chairman,
David
Bellemore
at
6:07 p.m.
2. Swearing in of newly appointed Planning Commissioner
Chairman
Bellemore
swore
Mr.
Lee
Riechel
in as a newly appointed Planning Commissioner.
3. Roll Call
Roll Call was taken by Planning Official,
Lisa
Ekelund
Present: Planning
Chairman
David
Bellemore
,
Vice-Chairman
Tom
Bassett
,
Commissioner
Ken
Henderson
,
Commissioner
Marilyn
Miller
,
Commissioner
Ken
Platt
, and
Commissioner
Lee
Riechel
.
Absent: None
Others Present: Planning Official,
Lisa
Ekelund
,
City Recorder
,
Fred
Hilden
,
and 4 individuals.
4. Pledge of Allegiance
All who were present stood for the Pledge of Allegiance.
5. Approval of the Agenda
Commissioner
Miller
made the motion to approve the agenda.
Commissioner
Platt
seconded the motion. The motion passed by unanimous vote.
6. Approval of the
04/06/10
meeting minutes
Commissioner
Henderson
made the motion to accept the minutes of
04/06/10
as written.
Commissioner
Bassett
seconded the motion. The motion passed by vote of 4 ayes and 1 abstain with
Commissioner
Riechel
abstaining.
7. Announcements
There were no announcements.
8. Old business
None scheduled
9. New business
Commissioner
Riechel
said during his appointment as Commissioner at the last Council meeting, Councilor Howison said he would like
Commissioner
Riechel
to continue as a Conservation Committee member.
Commissioner
Riechel
said he will remain on the Conservation Committee and when appropriate, he will recuse himself.
10. Public hearing
- Conditional Use Permit (first hearing)
Chairman
Bellemore
opened the public hearing at
6:14 p.m.
stating that the hearing is for a conditional use permit on property owned by
Mr.
Greg
Atkeson
, Map / Tax Lot Number 19-12-27-40-02200.
Chairman
Bellemore
asked the Commissioners if they had any conflict of interest in this matter and all Commissioners stated they had no conflict of interest.
Chairman
Bellemore
asked the Commissioners if they had any bias in this matter and all Commissioners stated they had no bias.
Chairman
Bellemore
stated that all of the Planning Commissioners went onto the property to look at the structure.
Chairman
Bellemore
said there was no discussion on the matter.
Chairman
Bellemore
said he has been on the property twice.
Chairman
Bellemore
said there was no contact with the property owner at the most recent visit. Chairman Bellemore said on a prior visit,
Mr.
Skeele
attended and informed those present of the property.
Chairman
Bellemore
opened the meeting for testimony at
6:19 p.m.
Mr.
Steve
Turner
– Attorney for
Greg
Atkeson
–
1498 SE Tech Center Place
Mr.
Turner
said he just had the chance to briefly review the staff's recommendation.
Mr.
Turner
said the recommendation is that the gazebo is not allowed to remain.
Mr.
Turner
said
Mr.
Atkeson
would be disappointed if the Planning Commission recommends this.
Mr.
Turner
said it would be helpful for
Mr.
Atkeson
if the Commission states the gazebo needs to be removed, that the Commission would need to explain the level of destruction or removal of the gazebo.
Mr.
Turner
said it would also be important to know what the particular reasons are as to why the gazebo cannot remain.
David
Bellemore
asked if the Commissioners have any questions for
Mr.
Turner
.
Commissioner
Bassett
said there is a volume to read about this as far as what has been done and what has not been done.
Commissioner
Bassett
asked why the current owner believes this structure should remain.
Mr.
Turner
said
Mr.
Atkeson
purchased this property with the structures in place.
Mr.
Turner
said
Mr.
Atkeson
was not aware there was an issue with the gazebo.
Mr.
Turner
said
Mr.
Atkeson
likes the gazebo.
Mr.
Turner
said staff previously recommended the gazebo remain because it could cause more harm to remove it than if it were allowed to remain.
Mr.
Turner
said there is no current harm to the environment.
Mr.
Turner
said if there is concern of roof drainage, this could be corrected.
Mr.
Turner
said
Mr.
Atkeson
is an innocent party.
Mr.
Turner
said the prior owners refuse to pay for any of the processing of the permit.
Commissioner
Miller
said she questions whether
Mr.
Atkeson
will not be able to build a home on his property.
Mr.
Turner
said there has been no wetland delineation on the home site area.
Mr.
Turner
said the City's current wetland inventory includes the entirety of
Mr.
Atkeson
's property.
Mr.
Turner
said when he bought the property he was told there was a cleared home site.
Commissioner
Miller
asked if the gazebo issue is relevant if
Mr.
Atkeson
cannot build his home on the property.
Mr.
Turner
said the subject is somewhat moot.
Mr.
Turner
said it is true that
Mr.
Atkeson
may never get the opportunity to enjoy the gazebo.
Mr.
Turner
said
Mr.
Atkeson
would like to give the property back to the Skeele's in the original condition as he purchased it.
Chairman
Bellemore
said he is sympathetic.
Chairman
Bellemore
said the issue with the non-permitted gazebo, the bridges, and the wetlands, all of this existed at the time that
Mr.
Atkeson
purchased the property.
Chairman
Bellemore
said there are disclosure laws.
Mr.
Turner
said in a perfect world, the seller's of the property would have disclosed all of this information to
Mr.
Atkeson
.
Chairman
Bellemore
asked if
Mr.
Turner
is aware of disclosure laws in
Oregon
and
Mr.
Turner
said yes.
Commissioner
Bassett
said these are areas that do not pertain to the application as far as who is suing whom.
Mr.
Turner
said he was just trying to respond to the questions and he was not trying to cloud the issues.
Chairman
Bellemore
excused
Mr.
Turner
stating that
Mr.
Turner
will have a chance to rebut at the end.
Kimberlee Skeele member of T&K Lands – 8854 Collard Loop
Mrs.
Skeele
provided each Planning Commissioner with documentation on the engineering of the structure and those documents were placed on file.
Mrs.
Skeele
said she came to witness the hearing.
Mrs.
Skeele
said she appreciates the Commission having this hearing.
Mrs.
Skeele
said they built the bridge at the end of the year in 2005, which was before the current codes had passed.
Mrs.
Skeele
said she came to City Hall and spoke to
Jeannie
Cerda
to inquire if she needed a permit.
Mrs.
Skeele
said she purchased the entire book of ordinances.
Mrs.
Skeele
said she was told by
Jeannie
Cerda
that she did not need a permit for the bridges.
Mrs.
Skeele
said she was told if the bridges do not touch the water and they do not damage the vegetation, they would not need a permit.
Mrs.
Skeele
said they were very conscious of the bank and the Creek.
Mrs.
Skeele
said
Peter
Howison
has said her husband has taken an excavator into the Creek and this is not true.
Mrs.
Skeele
said they have one of the most environmentally friendly excavators made.
Mrs.
Skeele
said the bridges save the bank.
Mrs.
Skeele
pointed out that other properties have structures near the Creek.
Mrs.
Skeele
said she feels like this is selective enforcement.
Mrs.
Skeele
said she is sorry for the gazebo and that it turned out bigger than anticipated.
Mrs.
Skeele
said this was made as a deck for her daughter's wedding.
Mrs.
Skeele
said the wood was milled from the property and they were not onsite the day it was built.
Mrs.
Skeele
said they knew it was not a "building".
Mrs.
Skeele
said they made a mistake but they thought that if something was not a building, it did not need a permit.
Mrs.
Skeele
said she asked that a prior staff report be submitted.
Mrs.
Skeele
said when the first investigation occurred; she,
Mr.
Skeele
,
Amy
Graham
,
David
Bellemore
, and
Lisa
Ekelund
attended.
Mrs.
Skeele
said all of this was done in an effort to be corporative and forthcoming.
Mrs.
Skeele
said she did inform
Mr.
Atkeson
that the permits were not obtained and
Mr.
Atkeson
's response was that he loved it and if necessary, he would apply for permits after the fact.
Mrs.
Skeele
said she provided everything the City requested during the investigation.
Mrs.
Skeele
said the Department of State Land's (DSL) does not disapprove of the deck.
Mrs.
Skeele
said this is a re-routed Creek.
Mrs.
Skeele
said this was once a farm in the 1920's.
Mrs.
Skeele
said there are still telephone poles out by the water.
Mrs.
Skeele
said that with the construction of the dam and the Creek, there are now a lot more wetlands.
Mrs.
Skeele
said she spoke to DSL today and they have done two wetland delineations.
Mrs.
Skeele
said she provided the documents today because
Lisa
stated to her on a prior occasion that the application was not complete.
Mrs.
Skeele
said it would be reasonable to grant
Mr.
Atkeson
a variance.
There were no questions from the Commissioners for
Mrs.
Skeele
.
Chairman
Bellemore
asked if anyone else would like to give testimony on this matter.
Chairman
Bellemore
asked if
Mr.
Turner
has a rebuttal.
Mr.
Turner
said he would only like the Commissioners to be as specific as possible if they decide that the gazebo shall be removed.
Chairman
Bellemore
closed the public hearing at
6:52 p.m.
Commissioner
Riechel
said he would like the Secretary to give the staff report.
Lisa
Ekelund
presented her staff report and explained attachment A.
Commissioner
Henderson
said he went to §155.3.6.300 which talks about riparian matters.
Commissioner
Henderson
said Woahink Creek is determined to be a locally significant riparian corridor because it is fish bearing which puts it into another category.
Commissioner
Henderson
said they have water quality issues.
Commissioner
Henderson
said DEQ, and DHS are also concerned about water quality.
Commissioner
Riechel
made the motion that they approve the staff report.
Commissioner
Bassett
seconded the motion. The motion passed by unanimous vote.
Chairman
Bellemore
opened deliberation.
Commissioner
Bassett
said he spent 3 hours reviewing the application.
Commissioner
Bassett
said on at least six different occasions, everybody said that this was ok.
Commissioner
Bassett
said that they need to figure out how to fix this situation.
Commissioner
Bassett
said they do not want to break the law but the do not want to tear up the property.
Chairman
Bellemore
said they sit in their positions as Planning Commissioners to enforce the land use laws and codes.
Chairman
Bellemore
said when they use discretion; they need to consider the long-term outcome for the community as a whole.
Lisa
Ekelund
explained that she has written several staff reports on this subject.
Lisa
said that she sympathizes with all of the parties involved.
Lisa
said her recommendation is based solely on the code.
Commissioner
Riechel
said they have code that clearly defines the conditional uses that are allowed in the riparian area.
Commissioner
Riechel
said the conditional use permit has very little discretion.
Commissioner
Riechel
said it comes down to if there is a great deal of hardship that can be proved, the discretion lies with a variance.
Commissioner
Riechel
said if the gazebo were approved, they would need to place a condition that the structure is to be raised.
Commissioner
Miller
said she rarely agrees with the comment that something will prevent damage if it is allowed to remain.
Commissioner
Miller
said if it could fit, the gazebo could be moved away from the Creek.
Lisa
Ekelund
explained that the Creek loops around with an approximate maximum width of 70 feet.
Lisa
said the gazebo could not be moved back to suit the 50' setback because each side of the Creek has its own 50' setback for a total of 100' in setbacks alone.
Lisa
said if the gazebo were moved back, it would also be moved more into a wetland.
Commissioner
Riechel
said there is the possibility of moving it and there is the possibility of removing it.
Commissioner
Platt
asked how they would take the structure out without harming the area.
Commissioner
Miller
said it would go out the same way it went in.
Mrs.
Skeele
explained that the structure was created using 5 strong men and a small tractor.
Commissioner
Bassett
said if they voted that they could not keep the structure and the applicant applied for a retroactive variance, would it come back to the Commissioners.
Commissioner
Platt
questioned the condition of raising the structure.
Chairman
Bellemore
said that the Commission needs to be open-minded.
Chairman
Bellemore
said he came in thinking that it may cause more damage if removed however; he learned tonight that it is not likely a house will ever be there.
Chairman
Bellemore
said this is an accessory building built before the home is built.
Chairman
Bellemore
said because this is an accessory building, if they do not have a schedule for when the primary residence will be built, it is another reason that it is an
illegal structure.
Chairman
Bellemore
said because there are only posts in the ground, there should be very little disturbance to remove it.
Chairman
Bellemore
said 5 men could come in and remove it just like how it was installed.
Chairman
Bellemore
said he would lean towards having it removed.
Commissioner
Miller
said a primary structure has to be built prior to auxiliary structures.
Commissioner
Miller
said she did not see in the application where they intend to place a house or septic.
Commissioner
Henderson
said it is a gorgeous site.
Commissioner
Henderson
said the precedence lies with them now.
Commissioner
Henderson
said he lives on a property that has a spring.
Commissioner
Henderson
said though his is not a fish-bearing stream, they had to observe the 50' setback and it was not an arguable point for them.
Commissioner
Henderson
said he played by the rules and he expects his neighbors to do the same.
Chairman
Bellemore
called for a recess at
7:46 p.m.
Chairman
Bellemore
reconvened the meeting at
7:56 p.m.
Commissioner Riechel moved that by weighing the information for and weighing the information against, the proposal that the application for a conditional use
permit by Mr.
Greg Atkeson
on taxlot 19-12-27-40-02200 be denied.
Commissioner
Miller
seconded the motion. The motion passed by unanimous vote.
City Recorder
,
Fred
Hilden
requested a roll call vote.
The vote was as follows:
Commissioner
Platt
–
Aye
Commissioner
Bassett
– Aye
Commissioner
Henderson
– Aye
Commissioner
Miller
– Aye
Commissioner
Riechel
– Aye
Commissioner
Riechel
made the motion that the Commission rescind his previous motion and the vote and replace it with a recommendation to the
City Council.
Commissioner
Bassett
seconded the motion.
Commissioner
Riechel
rescinded this motion.
Commissioner
Bassett
rescinded his second to this motion.
Commissioner Miller made the motion that the applicant be required to remove the gazebo which is in the 50' setback illegally so that the wetlands are not disturbed which is how they created it
by using man power and a small equipment.
Commissioner
Platt
seconded the motion.
Commissioner
Riechel
said any deconstruction of this magnitude requires a permit to be approved by staff.
Commissioner
Miller
amended her motion to include that the gazebo is to be taken out by manpower and small power equipment and the property
owner be required to acquire a demolition permit and waive the fees.
Commissioner
Platt
seconded.
Lisa
Ekelund
suggested that the motion include that when the property owner applies for a permit, just applying is not enough.
Lisa
explained that the applicant submit proper drawings that will be approved by the Building Official.
Commissioner
Miller
amended her motion to require the applicant to remove the gazebo following the usual requirements when applying for the
permit.
Commissioner
Platt
seconded. The motion passed by unanimous vote.
Commissioner
Bassett
unanimously with
Commissioner
Miller
made the motion to accept the staff report as a basis for the findings of fact.
Commissioner
Henderson
seconded. The motion passed by unanimous vote.
11. Citizen input on unscheduled items not listed on the agenda
Alta
Taylor
84955 Hwy 101
S Florence
Mrs.
Taylor
said her husband and she bought a property, which is known as the Nordahl property.
Mrs.
Taylor
spoke regarding the possible annexation of their property located to the North of Dunes City.
Mrs.
Taylor
asked the Planning Commission to think about an annexation.
Commissioner
Bassett
said regarding the
2/25/10
minutes, he was appointed as Vice-Chair.
Commissioner
Bassett
said he agreed that as long as
Chairman
Bellemore
is Chair, he would be Vice-Chair.
Commissioner
Bassett
said he does not feel it would be appropriate if he were to be Chair.
Commissioner
Bassett
said he would like to remove himself for consideration as Chairman.
Commissioner
Henderson
said he would love to see a map of
Mrs.
Taylor
's property.
Lisa
Ekelund
invited
Commissioner
Henderson
to review the
Taylor
file.
12.
Adjournment
There being no further business to come before the Planning Commission,
Commissioner
Miller
made the motion to adjourn the meeting.
Commissioner
Platt
seconded the motion. The motion passed by unanimous vote.
The meeting of the Dunes City Planning Commission adjourned at
8:46 p.m.
The proceedings of the Dunes City Planning Commission meeting were recorded on tape, and are on file at City Hall. Upon approval by the Planning
Commission, these minutes will be available online at www.dunescity.com
Approved by the
Planning Commission
on the 24TH day of JUNE 2010
Signed copy available at Dunes City Hall
David
Bellemore
, Planning Commission Chairperson
ATTEST:
Signed copy available at Dunes City Hall
Lisa
Ekelund
, Planning Secretary
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