1.
Call to Order and Roll Call
The
regular meeting of the Dunes City Planning Commission was called to
order at 7:33 p.m. by Planning Commissioner Lee Riechel. Roll
call was taken by Chairman Lee Riechel. Commissioner Eggert
Madsen was not present and excused.
Present:
Chairman Lee Riechel, Commissioner David Bellemore, Commissioner Sandy
Jones, Commissioner Ken Platt. Commissioner Ron Shearer arrived
at 7:59 p.m.
Others
Present: Lisa Ekelund,
Planning Secretary
2.
Approval of Minutes
Planning
Commission Minutes of 09/25/2008
Commissioner
Jones made the motion to approve the September 25, 2008 minutes as
submitted and Commissioner Bellemore seconded. After unanimous
vote the motion passed.
3.
Announcements and Informational Items
Because
of how the Holidays fall this year, the November and December meeting
of the Planning Commission was discussed and agreed upon by all to be
replaced by one meeting only on December 4th, 2008 at 7:00 p.m.
4.
Old Business
Conditional
use permit CUP 08-05 withdraw
Chairman
Lee Riechel explained the history of the conditional use permit 08-05
and the result of findings from the Lane County Planning Department.
5.
New Business
Discussion
of Ordinance 187 and 191
The
Commission discussed section 1(D) of Ordinance 191 stating it reads
three members of the Commission shall constitute a quorum. The
Chairman (Lee Riechel) said there is a slight difference between 191
and 187. The Chairman (Lee Riechel) said in section 4, the last
sentence defines the Chairman votes only when a tie occurs or when
necessary to establish a quorum.
Application
received from Dorothy Friend for vegetation removal permit at 4961
Lakeshore Drive.
The
Planning Commission discussed that they should recommend they forward
the violation of vegetation removal and the planting of non-native
shrubbery to the City Council.
6.
Commission Deliberation
Application
received from Dorothy Friend for vegetation removal permit at 4961
Lakeshore Drive.
Commissioner
Bellemore recused himself and took a seat in the audience.
The
Commission began to review the pictures and the permit for the tree
removal.
Mrs.
Friend explained the pictures she submitted and how they show the
deterioration of the soil under the roots in the water.
Chairman
Riechel discussed the report received from the Conservation Committee.
He said it is a two-part report and they are not able to make a
recommendation on both parts. The Chairman said one part is a
tree, what it is, and what danger it may or may not present. The
other part is where the Conservation Committee noted the general
vegetation removal along the bank identifying a violation.
Mrs.
Friend said she had not seen the report from the Conservation
Committee. The Planning Secretary handed Mrs. Friend a copy of
the meeting packet.
Conservation
Committee member David Bellemore, made a recommendation regarding the
deadlines in the report. He said they should be moved into the
spring because the rainy season is beginning.
Chairman
Riechel said the Commission should make a decision on the tree and the
violations should be forwarded to the City Council.
Mr.
Bellemore addressed the choice of falling the tree into the water to
maintain the natural state of the lake, or choosing to keep the area a
recreation area.
Commissioner
Jones said falling a tree into the lake next to the dock or swimming
area could create a hazard to boating and swimming and it makes no
sense to treat a multi-recreational lake like a wilderness area.
Mr.
Bellemore spoke of the degradation pattern of the lake.
Commissioner
Jones spoke of her understanding of trees decaying in the lake and
that this decay provides unwanted nutrients.
Mr.
Bellemore said there is also the subject of using the tree as a
breakwater to prevent bank erosion.
Commissioner
Shearer noted erosion is also the result of winter storm events.
Commissioner
Jones said over time, lakes age and the water quality deteriorates.
She said Woahink Lake is the coldest and deepest lake on the Oregon
Coast. Commissioner Jones said the pollutants are not
necessarily the toxic algae, but more so it's the pathogens from human
waste.
Chairman
Riechel posed the question of deciding if the tree in question could
be declared a danger tree according to Dunes City Code.
Commissioner
Shearer said it looks to him like it is a danger tree.
The
Chairman said if the tree were not a spruce, he would feel a lot
better about it, but what he has seen from his own personal
experience, it could be a danger.
Commissioner
Shearer moved to deem the tree in question to be a danger tree.
Commissioner Platt seconded and after unanimous vote, the motion
passed.
Mr.
Bellemore clarified the difference between declaring a danger tree and
a vegetation removal request.
Mrs.
Friend commented on the length of time it took to get her tree cutting
permit.
Commissioner
Jones expressed her beliefs and opinions that it's not the City's
business as to how a person cuts down a tree.
Chairman
Riechel with the motion presented suggested the City would allow
immediate removal of the tree with the following conditions:
- Minimal
damage to the area
- No
heavy equipment in the area
- Replant
two young trees within 20 feet of the removed tree in hopes that
one survives
Commissioner
Shearer made a motion to allow the tree to be removed at the
discretion of a licensed and bonded professional tree feller with at
least 18" of stump above ground level on the inland side of the
tree. The tree has to be removed manually using no heavy
equipment and the area needs to be replanted according to DCC.
The motion was seconded by Commissioner Platt and after unanimous
vote, the motion passed.
Commissioner
Shearer made a motion that the Planning Commission is satisfied with
the explanation of the violations and testimony as provided by the
applicant is sufficient for the recovery for the area of concern.
Commissioner Jones seconded and after unanimous vote, the motion
passed.
7.
Planning Secretary Report
The
Planning Secretary submitted written logs of recent permit and site
review activity.
8.
Adjournment
Commissioner
Bellemore made the motion to adjourn and Commissioner Shearer
seconded. After unanimous vote, the meeting adjourned at 9:22
p.m.
Respectfully
Submitted,
Lisa
Ekelund
Planning
Secretary