DUNES CITY
PLANNING COMMISSION
REGULAR MEETING
MARCH 20, 2002 ---
7:00 P.M.
I. CALL TO ORDER
The meeting
was called to order at 7:04 p.m. by Planning Commission Chair Lee Riechel.
II. ROLL CALL
Present Don Puderbaugh; Dan Karnes; Chair,
Lee Riechel; Steve Hardeman; Planning Secretary, Jeannie Cerda.
Bryce Spankroy arrived at 7:12 p.m.
III. APPROVAL OF MINUTES
A. February
21, 2002 - Regular Meeting
Action D. Puderbaugh made a motion to
approve the minutes of the regularly scheduled February 21, 2002, Planning
Commission meeting. The motion was
seconded, the voting was unanimous, and the motion carried.
IV. ANNOUNCEMENTS AND
CORRESPONDENCE
There were
no announcements or correspondences.
V. PUBLIC INPUT
A. Norman
C. Martin - 83750 Rio Road, Florence, Oregon 97439
Mr. Martin stated that he feels
that a vendetta is being formed against him and his property. He stated that he received a letter from
Robert Petersdorf and the Road Commission denying his driveway/access permit. In the letter, Robert Petersdorf quotes
ordinances that are incorrect. Mr.
Martin stated that when the Road Commission met and made the decision regarding
his driveway/access permit, they did so illegally since the road commission did
not have a quorum of voting members and therefore all decisions made by the
Road Commission are invalid and need to be revisited when there is a
quorum. Mr. Martin requested that the
recommendation of the Road Commission be disregarded.
Chair Riechel, agreed that there
was not a quorum of voting members at the Road Commission meeting. Chair Riechel directed the planning
commissioners to remove the letter from the road commission and disregard any
reference to the letter during the public hearing portion of the Planning
Commission meeting. Chair Riechel
suggested that Mr. Martin write a letter to the City Council regarding the Road
Commission and lack of quorum.
VI. PUBLIC
HEARINGS
A. Minor
Partition - Norman & Judy Martin Parcel 2 of Tax Lot 402, Map No.
19-12-23-2
Chair Riechel announced the public hearing was for a
Minor Partition to create two parcels out of parcel 2 of tax lot 402 on map
19-12-23-2.
The public hearing rules and
procedures were explained and the “raise it or waive it” rule was read. The Minor Partition criteria were projected
on the wall. Chair Riechel stated for
the record that there had been a meeting at the property site. He stated that he and commissioners, Karnes,
Hardeman, and Puderbaugh had visited the site.
Commissioner Spankroy visited the site at an earlier time. Chair Riechel polled the commissioners for
discovery of any additional findings, ex-parte, or conflicts of interest. None were declared.
Chair Riechel asked the applicant
to address the criteria in his presentation and to state how his application
meets that criterion:
Chair Riechel
opened the public hearing at 7:27 p.m.
Norman C. & Judy
C. Martin: 83750 Rio Road, Florence, Oregon 97439
Mr. Martin stated that in
reviewing the staff report, it appears that the major concern of the minor
partition would be verifiable access.
Mr. Martin stated that they have verifiable access in accordance with
Dunes City Code. Mrs. Martin proceeded
to hand out a copy of Dunes City Code referencing verifiable access, in which
she stated they meet since there is a recorded driveway easement.
D. Karnes asked Mr. & Mrs.
Martin to explain the outcome of their previous Minor Partition with the City
Council. Mr. & Mrs. Martin stated
that it was finally approved with minor conditions.
D. Puderbaugh asked if the
wetland/riparian area issue was resolved.
Mr. Martin stated that it was resolved, that correspondences from ODFW,
Wilbur Ternyik found that there were no wetland/riparian areas on the property
and that the City Council concurred with these findings, which should all be in
the property file. D. Puderbaugh
reviewed the file and minutes of the meetings and found that the riparian issue
was not resolved or at least there was no reference in the property file regarding
the riparian area. (Related lengthy
discussion followed)
S. Hardeman asked about access to
the property. Mrs. Martin stated that
they have access via a recorded driveway easement, which was approved by the
City Council. S. Hardeman stated that
there is currently a “logging road” on the property, which was placed over the
driveway easement. Mrs. Martin stated
they would convert the logging road to a driveway at some point in the
future. S. Hardeman stated that until
the logging road is brought into compliance, there is no verifiable access. Mrs. Martin stated that they meet the
verifiable access by having a “Driveway Easement.” S. Hardeman stated that an easement alone does not meet
verifiable access. (Related lengthy
discussion followed)
Proponents
None
Opponents
None
Chair Riechel closed the public
hearing at 8:23
The commissioners had a lengthy
discussion regarding the riparian area on the property and verifiable access as
required in the recommendation for approval, and the future extension of Rio
Road as indicated in the Master Road Plan.
Action D. Puderbaugh made a motion to
accept the Staff Report and Findings of Facts as Written. S. Hardeman seconded the motion. The voting was unanimous and the motion
carried.
5-Aye, 0-Nay.
L. Riechel stated that the
riparian area does not affect the proposed parcel and therefore does not need
to be addressed.
D. Puderbaugh stated that he feels
that the riparian area does need to be addressed regarding this parcel because
the access to these parcels is dependent upon the proposed access across the
riparian area. Until determined, these
two parcels are affected by the riparian area and should be addressed. It should be stated with the denial that
there needs to be a definite legal closure on the definition of whether the
drainage area at the easement is riparian area or not, and a more solid closure
regarding the wetland issue.
D. Karnes stated that even though
Dunes City Code allows for the development of roads within a riparian area,
they must be designed to minimize intrusion into the riparian area. He stated there are other areas that could
access the property that could minimize or not intrude upon the riparian
area.
A lengthy discussion was had
regarding alternative access to the properties that would minimize intrusion to
the riparian area.
L Riechel stated that the driveway
(currently a logging) was not installed in accordance with Dunes City
Code. In order to utilize the logging
road as a driveway, an excavating and grading permit and engineering will be
required, because the current logging road was created without the necessary
permits and there is no way to determine how the road was built. A lengthy discussion followed regarding the
driveway/logging road.
D. Karnes stated that he does not
believe there is verifiable access, but the next point is; how do you get
verifiable access? D. Puderbaugh stated
that he believes that it would require some legal assurances attached to this
piece of property and the riparian area issue being resolved. D. Puderbaugh stated that the Planning
Commission is trying to flag this particular partition for a person who may
purchase the property, knowing full well that the logging road has not met the
excavation requirements and grading and back filling requirements of Dunes City
ordinances.
Mrs. Martin stated that she knows
of engineering standards for roads within Dunes City, but is not aware of
standards for driveways, and understands that driveways are under the
jurisdiction of the building inspector.
S. Hardeman stated that it is the excavating, grading and fill that
requires the engineering. The fact that
15-feet of dirt was brought in is the problem and moving a bulldozer back and
forth does not do the trick.
S. Hardeman stated that the
logging road is not completed. When visiting
the site, he noted that the road was sloughing off a mud pit. Mrs. Martin stated that the North side is
not eroding and the south side will be done shortly. S. Hardeman stated that the south side is not completed and is
eroding at this time.
Action: S. Hardeman: “I would like to make
the motion that we recommend to the City Council that it DENY the request of
Norman C. and Judy C. Martin, for a Minor Partition, because having considered
the evidence presented by those for the proposal as well as the evidence
against the proposal, I find by the weight of the evidence ‘against’ that the
proposal should be denied”. D. Puderbaugh seconded the motion.
D. Puderbaugh asked for
clarification of the reasons for denial:
1. No conclusion that the drainage area
is a riparian area and if it were a riparian area, the application as proposed
is not a minimum intrusion upon the riparian area.
2. The logging road superposition over
the access easement that the city
Code section for
access 155.089 (C)1(c) is not met; and adversely affects
the safe and healthful development of such
remainder or any adjoining land or access thereto.
L. Riechel asked for any other
discussion. There was none.
L. Riechel called for a roll call
vote.
D. Puderbaugh, yes on the motion;
D. Karnes, Yes on the motion; L. Riechel, yes on the motion; S. Hardeman, yes
on the motion; B. Spankroy, yes on the motion.
The voting was unanimous, the motion
carried.
B. Minor
Partition - Norman & Judy Martin Parcel 3 of Tax Lot 402, Map No.
19-12-23-2
Chair Riechel announced the public hearing was for a
Minor Partition to create two parcels out of parcel 3 of tax lot 402 on map
19-12-23-2.
The public hearing rules and
procedures were explained and the “raise it or waive it” rule was read. The Minor Partition criteria were projected
on the wall. Chair Riechel stated for
the record that there had been a meeting at the property site. He stated that he and commissioners, Karnes,
Hardeman, and Puderbaugh had visited the site.
Commissioner Spankroy visited the site at an earlier time. Chair Riechel polled the commissioners for
discovery of any additional findings, ex-parte, or conflicts of interest. None were declared.
Chair Riechel asked the applicant
to address the criteria in his presentation and to state how his application
meets that criterion:
Chair Riechel
opened the public hearing at 9:39 p.m.
Mrs. Martin stated that the two
partitions are very similar to the previous Minor Partition. The two questions, verification of access
and safety of the road. The only
difference is that one parcel has direct access to Salal and there is a
drainage easement running through the properties.
L. Riechel asked if there were any
questions. There was none.
Proponents
None
Opponents
None
L. Riechel closed the public hearing
at 9:43 p.m.
Action D. Karnes made a motion to accept
the Staff Report and Findings of Facts as Written. S. Hardeman seconded the motion.
The voting was unanimous and the motion carried.
5-Aye, 0-Nay.
L. Riechel stated that the results
of this minor partition will be the same as the previous minor partition with
the addition of one more item, that parcel one does not show access directly to
Salal. Currently it is presumed that
access to all four parcels occur off the easement.
Action: S. Hardeman: “I would like to make
the motion that we recommend to the City Council that it DENY the request of
Norman C. and Judy C. Martin, for a Minor Partition, because having considered
the evidence presented by those for the proposal as well as the evidence
against the proposal, I find by the weight of the evidence ‘against’ that the
proposal should be denied”. D. Karnes
seconded the motion.
L.
Riechel called for discussion.
D. Puderbaugh stated with the
following reasons:
1. No conclusion that the drainage area
is a riparian area and if it were a riparian area, the application as proposed
is not a minimum intrusion upon the riparian area.
2. The logging road superposition over
the access easement that the city
Code section for
access 155.089 (C)1(c) is not met; And
adversely affects
the safe and healthful development of such
remainder or any adjoining land or access thereto.
Mayor
VII. NEW BUSINESS
None
VIII. OLD BUSINESS
A. Code Revision Grant
Dunes City has received a $7500
grant to review and revise current code.
Denise Kalakay and Gary Darnielle will be assisting Dunes City with the
process. No dates have been set.
IX. ADJOURNMENT
L. Riechel
closed the meeting at 10:15 p.m.
_______________________________
_______________________________
Chair, Lee Riechel Planning
Secretary, J. Cerda
_______________________________
________________________________
Don Puderbaugh Dan
Karnes
________________________________
Bryce Spankroy Steve
Hardeman