MINUTES OF THE PLANNING COMMISSION MEETING FOR JANUARY 4,

1999

PRESENT: Commissioners Andrew Lacey, Jerry Gentry, Howard Gilliam, Suzanne Jepsen, Deborah Kendrick, Cyde Estes, Tom Sly; City Manager Gerald Breazeale; City Attorney Bill Kuhn; Police Chief Doug Rathbun, John Edmundson, Bob Kahl; Mayor Bob Jepsen; Tom Wolff, Everett Keck, Cinty Penturf, Dixie Verstoppen, Tom Springer

ABSENT: None

(Unless otherwise noted, "MOTION CARRIED" indicates all in favor.)

  1. General Business
    1. Call to order Chairman lacey called the meeting to order at 7:04 PM
    2. Introductions Chairman lacey asked the members in the audience to state their names for the Commission.
    3. Announcements - None
    4. Approval of the Minutes of the December 8, 1998 Planning Commission Meeting. Motion by Suzanne Jepsen, seconded by Tom Sly to approve the minutes as submitted. MOTION CARRIED.
  2. PUBLIC HEARINGS
    1. Variance request 98-36 Requesting relief from setback requirements on the east side of the property for the construction of a 16’ by 30’ carport to be attached to the residential structure on property located in a General Residential (R-2) Zone at 235 Aiken Street, Map #2S 26 26CC, Tax Lot # 100. Aplicant : Richard Loid.

    Chairman Lacey read into the record the requirements for submitting a variance request and noted that the notice of the public hearing had been advertised and property owners within 250 feet had been notified. He then read the notice of the hearing, stated that the application was in the proper form and stated the proposed purpose of the application. He stated that notice had been properly given to adjacent property owners. Cindy Penturf asked why she had not been mailed a notice when other people around her received notice. City Manager Breazeale stated that the notice was mailed to property owners as shown on the records of the Morrow County Assessor’s office. Renters or non property owners would not necessarily be mailed notices. Ms. Penturf stated that other renters in the area received notices while she had not. Cyde Estes asked Mr. Breazeale if he could explain the reason why some renters would have received notices while others did not. Mr. Breazeale stated that he was not aware that some of the people who received notices were renters and would look into the actual mailing list. Cyde then stated that the notice was published and anyone wishing to attend the meeting and speak to the Commission regarding the variance was entitled to do so. Dixie Verstoppen informed the Commission that the carport had already been constructed. Tom Springer stated that the setback as shown on the drawing for the carport was in error. He stated that the measurement given was to his retaining wall which was inside his property by about four feet. The carport would actually be closer to the property line. He also stated that the runoff from the carport would cause erosion of his retaining wall. He was also concerned that the applicant had proceeded with construction prior to getting a building permit or a variance. Cindy Penturf also stated her concern that the applicant had proceeded with construction without the required permit. The Commission had concerns regarding fire access and the location of a propane tank on the property which was not shown on the application.

     

    The members of the Planning Commission indicated their displeasure that the applicant had only come in for a variance request after the neighbors had complained. They were also concerned that the applicant was not present to represent his case. Motion by Howard Gilliam to continue the hearing until February 8, 1999, second by Suzanne Jepsen. MOTION CARRIED

  3. Variance/Conditional Use Request 98-37 Requesting extension of timeline for Variance/Conditional Use #97-32 granted November 3, 1997 for permission to place a structure that exceeds the limitations of a utility outbuilding on property located in a Commercial Zone at 385 Linden Way, Map #2S 26 27DA, Tax Lot #3800. Applicant: Everett Keck.

    Mr. Keck explained to the Commission that he had been unable to complete the work to comply with all of the conditions for approval set by the Planning Commission and needed more time. He requested that he be allowed until the end of June to complete the work on the mobile home which was being converted to a storage shed. Commissioner Gentry asked if power had been supplied to the storage shed. Mr. Keck answered that temporary power had been connected to the mobile to provide lighting. Mr. Gentry expressed his concern that one of the conditions of approval was that water, sewer and electricity not be connected to the mobile. The Commission discussed the appropriateness of having power to the shed for lighting. It was noted that the application for the variance included the reference to no power being provided. Mr. Gentry stated that if electrical power were to be supplied to the building that Mr. Keck obtain an electrical permit.

    After discussion, Commissioner Gentry made a motion to extend the variance to September 1, 1999, at which time all conditions must be complied with and that no further extensions would be granted. The motion was seconded by Commissioner Jepsen. During discussion of the motion, the possibility of having electrical power supplied was reviewed. Commissioner Gentry amended the motion to include that Mr. Keck obtain an electrical permit if electricity is supplied to the storage shed. Commissioner Jepsen agreed to the amendment. MOTION CARRIED.

  4. New Business
    1. Request for consideration for annexation of property and acceptance of access road to property north of Lakeview Heights Subdivision, Map #2S 26 35, Tax Lot #3800. Request submitted by Tom Wolff.

         

        Mr. Wolff addressed the Commission and clarified that he was not seeking annexation of the property at this time. He was asking the Commission to recommend that the City accept the access road belonging to the Corp. of Engineers. Jerry Gentry informed the Commission that he was part owner in the subject property and would therefore not vote on any recommendation. Mr. Wolff explained that the property he owns along with the Gentrys is landlocked and it would appear that the road belonging to the Corp. could be used to access the property and would allow future development. He would like to do a minor land division and that would require frontage on a public street. Mr. Wolff stated that he had purchased the end lot in Lakeview Heights and could gain access that way but it would, in his opinion, detract from the existing subdivision by making the street a through street. Chairman Lacey asked Mr Wolff what he wanted from the Planning Commission. Mr. Wolff indicated that he would like the Planning Commission to recommend to City Council that the City request that the Corp. to turn the access road over to the City for ownership and maintenance. City Manager Breazeale stated that there were a number of issues with taking over the ownership of the street and would like to work with Mr. Wolff to present a plan to the City Council describing the pros and cons of taking over the road and the costs associated with the options. Mr. Wolff stated that he would agree to work with the City Manager on this issue.

      • Election of New Chairman. Commissioner Estes nominated Suzanne Jepsen to Chairman. Second by Tom Sly. MOTION CARRIED
    2. Discussion on absences by Commissioners. The Commission discussed the relative merits of keeping track of excused and unexcused absences. Commissioner Jepsen stated that this issue had developed due to several meetings where a quorum could not be reached due to the unexcused absence of Commissioners. The difference between excused and unexcused is that an excused absence is one where the commissioner notified the City that they would not be able to attend the meeting. If the Commission has a scheduled meeting time and date, notifications are sent out and people may come from some distance to plead their case. If a quorum is not obtained the people may have traveled a long distance and not get an audience with the Commission. Suzanne Jepsen stated that if Commissioners call in ahead of time that they will not be able to make the meeting, the meeting can be cancelled and the people notified of the cancellation. After discussion, the consensus was to continue to record excused and unexcused absences and for Commissioners to make every effort to notify City Hall if they would be absent.
  5. Old Business
    1. Meeting of the Technical Advisory Committee for the City of Heppner Transportation System Plan.

     

    City Manager Breazeale presented the list of goals and objectives that had been prepared in Technical Memorandum No. 1 by Kittelson and Associates and gone over briefly at the first meeting of the TAC. Mr. Breazeale stated that this was the opportunity to review the stated goals and objectives for their appropriateness and to make any additions or corrections. Each goal was read and briefly discussed along with the objectives. Goal 2, Objective 3 was modified to include truck and RV parking. Goal 3, Objective 1 was modified to include equestrian, golf cart, skateboard/roller blade modes of travel. Otherwise the goals and objectives, as presented, met the approval of the TAC.

  6. Information Items
  7. Correspondence-None Received
  8. Communication from Commissioners.

    Commissioner Cyde Estes stated that the City should be sure to obtain updated maps and ownership lists from the Assessors Office to ensure that notices sent regarding public hearings or other planning matters were sent to the current owners.

    Jerry Gentry asked whether the City Police took action on enforcement of planning violations. He stated that he was concerned with the number of buildings being built with out the required permits. City Manager Breazeale stated that usually the City acted only in response to complaints. Often the City is not aware of a violation until it is called to the City’s attention. Once the City becomes aware of a violation, the police department can issue a warning or citation. The matter is usually referred to the Planning Commission if it involves a zoning or other planning issue. One potential violation that was pointed out was an occupied RV behind Pettyjohn’s. City Manager Breazeale indicated that he would look into those issues.

    ADJOURN The meeting was adjourned at 9:40 PM.