August 6, 2013 Planning Commission Meeting Minutes

 

Irrigon Planning Commission

Minutes

August 6, 2013 at 6:00 p.m.

Irrigon City Hall

500 NE Main Avenue

 

 

1.   Call to Order and Roll Call

Chair Carroll called the meeting to order at 6:12 p.m.

Planning Commission members present were: Foster Carroll, Bill Earle and Margaret Anderson. Luke Maynard was absent. 

Staff present: City Manager Aaron Palmquist and City Clerk Penny Moore

 Audience:  Sam Heath, Andrew Sorenson, Alan Carnahan and Patti Burres.

 2.   Approve Minutes from the July 2, 2013 Planning Commission Meeting

Commission Anderson moved to approve the minutes for July 2, 2013. Commission Earle seconded.   Motion passed unanimously.

Public Hearing – Statement to Applicant and Audience

Chair Carroll opened the public hearing at 6:13 with City Manager Aaron Palmquist reading the Statement to the Applicant and Audience. (Attached)

Manager Palmquist asked the Commissioners if they needed to declare any ex parte contacts concerning the application.  The commissioners stated no.

3.      Public Hearing – Subdivision Replat , Andrew & Christine Sorenson

Manager Palmquist read the staff report, staff recommends approval.  Chair Carroll asked the record to show that there was no testimony against or by the applicant.

4.      Public Hearing Withdrawn – Partition into Two Lots, Paul & Deborah Sherman

The partition application was withdrawn and accepted by the Commission.

Close Public Hearing at 6:20

5.      Planning Commission Decision- Subdivision Replat , Andrew & Christine Sorenson

Commissioner Anderson moved to approve the Subdivision Replat for Andrew & Christine Sorenson.  Commission Earle seconded.   Motion passed unanimously.

6.      An Ordinance No. 221-13 Adding a New Sub-Section (J) to City Code Title 10, Chapter 2 Land Use Districts, Section  10-2A6, Regulating Recreational Vehicles, Providing for a Penalty for the Violation Therefore

There was discussion on the draft of Ordinance 221-13 with added matters and limitations that will go to the city council for their review.

7.      Building Permit Activity – Review

For information only, no action required.

8.      Additional Discussion

Chair Carroll requested past tabled issues be put on the next agenda:  Trucks on city streets, truck routes, intersections Columbia & Hwy 730, and Third Street & Hwy 730.

Chair Carroll adjourned the meeting at 7:30 p.m.

           

 

Statement to be Read before Public Hearing

 

1a. the applicable approval criteria in Chapter 10 of the Irrigon City Code and associated standards apply to the application or appeal.

 

b. Testimony and evidence shall concern the approval criteria described in the staff report, or other criteria in the comprehensive plan or land use regulations that the person testifying believes to apply to the decision.

 

c.  Failure to raise an issue with sufficient detail to give the Planning Commission and the parties an opportunity to respond to the issue, means that no appeal may be made to the state land use board of appeals on that issue.

 

d. Before the conclusion of the initial evidentiary hearing, any participant may ask the planning commission for an opportunity to present additional relevant evidence or testimony that is within the scope of the hearing. The Planning Commission shall grant the request by scheduling a date to finish the hearing (a continuance) per City Code, or by leaving the record open for additional written evidence or testimony per City Code.

 

2. Continuance: If the planning commission grants a continuance, the completion of the hearing shall be continued to a date, time, and place at least seven (7) days after the date of the first evidentiary hearing. An opportunity shall be provided at the second hearing for persons to present and respond to new written evidence and oral testimony. If new written evidence is submitted at the second hearing, any person may request, before the conclusion of the second hearing, that the record be left open for at least seven (7) days, so that they can submit additional written evidence or testimony in response to the new written evidence.

 

3. Additional Evidence or Testimony: If the planning commission leaves the record open for additional written evidence or testimony, the record shall be left open for at least seven (7) days after the hearing. Any participant may ask the city in writing for an opportunity to respond to new evidence submitted during the period that the record was left open. If such a request is filed, the planning commission shall reopen the record.

 

a. When the planning commission reopens the record to admit new evidence or testimony, any person may raise new issues that relate to that new evidence or testimony.

 

b. An extension of the hearing or record granted pursuant to this subsection is subject to the limitations of Oregon Revised Statutes 227.178 (“120 day rule”), unless the continuance or extension is requested or agreed to by the applicant.

 

c. If requested by the applicant, the city shall allow the applicant at least seven (7) days after the record is closed to all other persons to submit final written arguments in support of the application, unless the applicant expressly waives this right. The applicant’s final submittal shall be part of the record but shall not include any new evidence.

 

d. The record shall contain all testimony and evidence that is submitted to the city and that the hearings body has not rejected.

 

e. In making its decision, the hearings body may take notice of facts not in the hearing record (e.g., local, state, or federal regulations; previous city decisions; case law; staff reports). The review authority must announce its intention to take notice of such facts in its deliberations, and allow persons who previously participated in the hearing to request the hearing record be reopened, if necessary, to present evidence concerning the noticed facts.

 

f. The review authority shall retain custody of the record until the city issues a final decision

 

August 6, 2013 Planning Commission Agenda

 

Irrigon Planning Commission

Agenda

August 6, 2013 at 6:00 p.m.

Irrigon City Hall

500 NE Main Avenue

 

 1.   Call to Order and Roll Call

 2.   Approve Minutes from the July 2, 2013 Planning Commission Meeting

 

Public Hearing – Statement to Applicant and Audience

 

3.      Open Public Hearing – Subdivision Replat , Andrew & Christine Sorenson

 

4.      Public Hearing Withdrawn – Partition into Two Lots, Paul & Deborah Sherman

 

Close Public Hearing

 5.      Planning Commission Decision- Subdivision Replat , Andrew & Christine Sorenson

 6.      An Ordinance (221-13) Review, Adding New Sub-Section to City Code

 7.      Building Permit Activity – Review

 8.      Additional Discussion

 

 

Adjournment:

 

Next Regular Meeting: City ofIrrigonPlanning Commission – September 3, 2013

All meetings begin at 6:00 p.m.

 August 8, 2013 Planning Commission Meeting Packet

Eastern Oregon Health Fair August 24th

Senator Merkley Coming to Town

Senator Merkley will be holding his annual Morrow County town hall on Thursday, August 8, 2013 at 5:00pm in the Irrigon Junior/Senior High School Gymnasium. The event will be preceded by a meet and greet at 4:30pm in the school library.

July 16, 2013 City Council Meeting Minutes

                                                                     

 

 Minutes

 Irrigon City Council Meeting

 July 16, 2013 – 6:00 PM

 Irrigon City Hall – 500 NE Main Avenue

 

1.              Call to Order/Roll Call

Mayor David Burns called the regular meeting to order at 6 p.m.

Council members present: Christine Sorenson, Ken Matlack, David Burns, Sam Heath, and Michelle Hagen.  Joe Theisen had an excused absence.  A quorum was determined to be present.

Staff present:  Aaron Palmquist, Penny Moore, Keith White, Amanda Slawson and City Attorney Bill Kuhn.

Audience:  Rebecca Seelye, James Ray, Ashli Roberts, Bill Kelly, Luke Maynard, Patti Burres, Barb Huwe, Rebecca Tasakos, Stewart Dick, Janet Cooley and Wayne Huwe.

2.              Mayor’s Comments      

Mayor Burns thanked Paul and Phyllis Danielson for hosting Jerry Breazeale’s retirement celebration on Saturday, June 22, 2013 at Stokes Landing Bed & Breakfast.  The mayor also thanked City Engineer John Garlitz and City Attorney Bill Kuhn for their donations that paid for the supplies.

The mayor reminded everyone of the upcoming Irrigon Watermelon Festival Saturday, July 27, 2013 and also of the Music in the Park on every other Mondays alternating with Boardman.  The next Irrigon Music in the Park is July 22, 2013 beginning at 7 p.m.

The mayor informed the council and the audience that the Chamber of Commerce is still struggling and the director is retiring at the end of this month.  Mayor Burns asked if anyone is interested in help with the Chamber to step forward so the Chamber can keep going.

Councilor Heath thanked the Fire Department for the fast response to a gas leak at her residents and stated that they were grateful to be here.

Change in Agenda – to bring City Attorney Bill Kuhn forward on council authority

3.                City Attorney – Bill Kuhn

Mayor Burns stated that there was a clash with the new RV Park and the planning commission and the council as to whom had authority and if the council could overrule the commission a similar situation arise. The mayor stated that the council appreciates the commission, however, the council has felt that almost all items that come before the city rest with the responsible of the council since they are the elected body of the city. 

City Attorney Bill Kuhn stated at the councils request, a proposed ordinance language was drafted.  The language would allow the council to selectively (within a certain time frame) review all decisions of the planning commission of a certain type; any conditional use or variance request, these types are quasi-judicial.  The criteria is, if the council wanted to review a planning commission decision it would be after becoming final at the planning commission meeting.  The criteria would be to have a new hearing and start with a new set of notices.  The council would sit in the same seats of the planning commission, making the same decisions, using the same criteria. Another noteworthy item with this type of ordinance is with a decision by the council goes directly to the Land Use Board for land use matters if appealed.                         

There was discussion on the proposed ordinance.  Councilor Matlack asked about where the ordinance allows for the right to appeal. Anyone can appeal a planning commission decision within the required days, and then the city council becomes the appeals board.  The difference is the city council automatically gets to pick and choose any conditional use or variance decision within the time frame in the ordinance.  If a councilor as an individual citizen makes an appeal, they can discuss the matter at city council meetings, however, they cannot vote on the matter.   

Mayor Burns stated that the council might not know the outcome of a planning commission decision until after the meeting was over and the council’s regular meeting.  City Attorney Kuhn stated that the council review should be initiated prior to the adjournment of the first regular council meeting following the council notification of the land use approvals.

Type II appeal time frame is 14 days of the appeal from the date the decision was mailed, and Type III is 12 days in the code.  Council can have a list of all the decisions the planning commission made and council can review all or some decisions.  It was the consensus of the council to have an ordinance drafted and vote on the ordinance at the next regular meeting.

 4.         *Consent Agenda

It was moved by Councilor Sorenson and seconded by Councilor Hagen to approve the Consent Agenda with all items as presented. 

               a. Approval of Minutes – June 18, 2013

               b. Resignation of Thomas Roberts from Planning Commission

               c. Staff Reports

                        i. Public Works

                        ii. Finance Officer

                       iii City Manager

               d. Accounts Payable

               e. Correspondence

               f. Morrow County Sheriff Report

 The motion carried unanimously.

Change in Agenda – to bring Irrigon Girl’s Basket Ball Camp forward

5.         * Irrigon Girl’s Basket Ball Camp (July 22-26) – Sponsorship/Donation       

Ashli Roberts requested a city donation for the girls’ basketball camp to learn skills and fundamentals in Portland.  After discussion on donations from the city and individuals, the city donated $75 and individuals donated. 

It was moved by Councilor Matlack and seconded by Councilor Hagen that the city sponsors the girl basketball that camp in the amount of $75 and this donation does not set a precedent.  The motion carried unanimously.

Change in Agenda – to bring Election of Mayor Pro Tem forward

6.        *Election – Mayor Pro Tem

Mayor Burns asked for nominations.  Councilor Sorenson nominated Councilor Heath, she accepted.  It was moved by Councilor Sorenson and seconded by Councilor Matlack for Council Heath to serve as Mayor Pro Tem.  Motion carried unanimously. City Manager Aaron Palmquist issued oath of office to Councilor Heath.

7.          *Luke Maynard for Planning Commission

 It was moved by Councilor Hagen and seconded by Councilor Heath to appoint Luke Maynard to the Irrigon Planning Commission effective July 17, 2013.  City Manager Palmquist issued the oath of office to Commissioner Maynard.

8.          *White Construction Paving Exemption/Modification

Public Works Director Keith White handed out pictures of gates, signage and a diagram of Washington Avenue, Thirteenth Street and the Oregon Trail RV Park area.  The staff is looking for direction from the council on a number of issues.  Closure of a section of Washington Avenue and Thirteenth Street and put up gates that are accessible to emergency vehicles and signage for the dead ends. 

The Whites are required to pave 27 feet at the corner of Washington Street and Thirteenth Street. There was discussion on signage for the end of Washington Avenue and Twelve Street.

It was moved by Councilor Sorenson and seconded by Councilor Hagen that the following items be approved and instructed as part of the Oregon Trail RV Park Development Project.

A.     The 280 feet on the corner of Thirteenth Street and Washington Avenue road surface be reduced from 27 feet wide to 10 feet wide in accordance with City Development Standards.

B.     White Construction pays for and install approved safety gates at each end of the 280 feet path.

C.     White Construction to purchase, survey, pave and dedicate as public right of way to the city, the flag lot currently owned by Kieron Haney, at the corner of Thirteenth Street and Highway 730.

D.     The City will use White Construction to install 1000 feet of water main, thus off-setting their SDC payments.

E.     There will be signage at the beginning of Washington Street at Twelfth Street that this is “not a thru street”. 

The motion carried unanimously.

9.         *ODOT IGA (Intergovernmental Agreement) for the Bike/Ped System Update

Rebecca Seelye from Eastern Oregon University thanked the council for letting her sit in on the meeting.  She asked how much the Intergovernmental Agreement for the Bike/Pedestrian System would cost.  City Manager Palmquist stated that the only cost to the city if the project is put into motion will be ‘in kind” match in dollars down from $10,000 to $5,000 for this project, no city funds to be used. Ms. Seelye also asked how this project will benefit the community. Councilor Matlack stated the bike path will enhance health benefits if people ride or walk, and it will be connected to the park and schools. 

City Manager Palmquist stated that the Statement of Work is in the packet and it is recommended that the council delegate authority to the mayor to sign the IGA with ODOT to assist the community over the course of the next 10 months working with a consultant.

It was moved by Councilor Heath and seconded Councilor Matlack to delegate the mayor to sign the IGA with ODOT to complete the Planning Bike/Pedestrian System update for Irrigon.  The motion carried unanimously.

10.       *Emergency Management Planning/Exercise Grant – State Homeland Security     

Mayor Burns stated that he has been working to get an emergency plan in place by the dead line of July 26, 2013 for a grant to fund the project; there is not enough time this year.  However, the mayor would like to see a table-top exercise done that the council agreed for, by Thanksgiving.  There was no decision from the council at this time.

11.       *Margaret Anderson for City Council

The mayor stated that Margret Anderson has submitted an application for council.  She was absent due to a family activity.  The mayor specified that there were two other applicants interested, however no applications submitted as of today.  It was the consensus of the council to wait until the August meeting to appoint a new councilor. 

12.        Public Comment

Citizen James Ray commented on the Sewer System that was done very professionally.           

Citizen Barb Huwe mentioned the Watermelon Festival on July 27, 2013, and the three day ball tournament that is the major fundraiser for the year for Friends of the Library (FOIL).  The library fund is still $100,000 short on the project.  There are no tax dollars used for the project, all grant funding and fundraiser.

Citizen Wayne Huwe thanked the City for working with ODOT to get the kids crossing in at First Street and Highway 730 and requested that a review of the light for safety during certain hours.

 13.        Additional Discussion

Councilor Sorenson stated that she was glad to see so many citizens in the audience for the council meeting and encouraged more to attend.

James Ray mentioned the new bus service available in Irrigon.  Citizen Bill Kelly stated that he has not seen anyone taking advantage of the bus services yet. Mayor Burns stated that the city will try to get the message on the sign board at the school.

The meeting adjourned at 6:42 p.m.

 

 

 

  

 

Next Regular Meeting Date – August 20, 2013

City of Irrigon Public Notice

 

The Irrigon Planning Commission will hold a public hearing on August 6, 2013 at 6:00 p.m. at 500 NE Main Avenue, Irrigon, Oregon, regarding the partition of Assessors Map 5N 27 19D, Tax Lot No. 600 of Irrigon, Oregon, into two lots.  The existing lot is approximately 81,900 sq. ft. The zoning in the area is R-2, allowing lots of 7,500 sq ft.  Failure to raise an issue in person or by letter at the hearing, or failure to provide statements or evidence sufficient to afford the decision maker an opportunity to respond to the issue, means that an appeal based on that issue cannot be filed with the state land use board of appeals.    A copy of documents can be reviewed at city hall.  Copies provided at a reasonable cost.  A staff report and recommendations shall be available at least seven (7) days before the hearing.  Persons desiring to attend and need assistance should call Irrigon City Hall (541) 922-3047, or TTY relay at (800) 735-2900 in advance of the meeting.

July 16, 2013 City Council Meeting Agenda

AGENDA

Irrigon City Council Meeting

July 16, 2013  -  6:00 PM

Irrigon City Hall – 500 NE Main Avenue

 

 

                                                                 

 

1.     Call to Order/Roll Call

2.     Mayor’s Comments             

3.   *  Election – Mayor Pro Tem

4.  *  Consent Agenda  (The Consent Agenda allows the Council to approve all items together without   discussion or individual motions.  Councilors can request an item be removed for later in the meeting and discussion)

            a. Approval of Minutes – June 18, 2013

              b. Resignation of Thomas Roberts from Planning Commission

              c. Staff Reports

                   i.   Public Works

                   ii.  Finance Officer

                   iii. City Manager

              d. Accounts Payable

              e. Correspondence

              f. Morrow County Sheriff Report

5.            City Attorney – Bill Kuhn

6.        *  Irrigon Girl’s Basket Ball Camp (July 22-26) – Sponsorship/Donation

7.        *  Luke Maynard for Planning Commission

8.        *  White Construction Paving Exemption/Modification

 

9.        *  ODOT IGA (Intergovernmental Agreement) for the Bike/Ped System Update 

10.      *  Emergency Management Planning/Exercise Grant – State Homeland Security                          

11.     *  Margaret Anderson for City Council

12.         Public Comment – Maximum 5 minutes/person

This is the time provided for individuals wishing to address the Council, at their discretion, regarding issues that are not already on the agenda. Please sign-up on the clipboard.

13.         Additional Discussion 

Adjournment

 

Next Regular Meeting Date – August 20, 2013

 

* Denotes a motion and vote required.

If you would like to attend and need assistance, please phone Irrigon City Hall at 1.541.922.3047 or TTY relay 1.800.735.2900

 

Records Requests:  The public may request documents for review, as legally applicable. A written request shall be submitted with a response in 5 business days of the time and cost for such public document request.  City will proceed upon written notice to proceed or disregard the request.

 

City of Irrigon Public Notice

The Irrigon Planning Commission will hold a public hearing on August 6, 2013 at 6:00 p.m. at 500 NE Main Avenue, Irrigon, Oregon, regarding the replat of Assessors Map 5N 26 24CD, Tax Lots No. 106, 1100 & 1200 of Irrigon, Oregon, into one lot.  The zoning in the area is R-2, allowing lots of 7,500 sq ft.  Failure to raise an issue in person or by letter at the hearing, or failure to provide statements or evidence sufficient to afford the decision maker an opportunity to respond to the issue, means that an appeal based on that issue cannot be filed with the state land use board of appeals.    A copy of the application, documents and evidence submitted by or for the applicant, and the applicable criteria and standards can be reviewed at city hall.  Copies shall be provided at a reasonable cost.  The city’s staff report and recommendations to the hearings body shall be available for review at least seven (7) days before the hearing.  Copies shall be provided on request at reasonable cost.  Persons desiring to attend and need assistance should call Irrigon City Hall at (541) 922-3047, or TTY relay at (800) 735-2900 in advance of the meeting.

May 7, 2013 Planning Commission Meeting Minutes

 

Irrigon Planning Commission

Minutes

May 7, 2013 at 6:00 p.m.

Irrigon City Hall

500 NE Main Avenue

 

 

1.   Call to Order and Roll Call

Commissioner Foster Carroll called the meeting to order at 6:02 p.m.

Planning Commission members present were:  Foster Carroll, Margaret Anderson, and Bill Earle. Tom Roberts and Harold Poeling were absent.

Staff present: City Manager, Gerald Breazeale and City Clerk Penny Moore.

Audience:  Scott Hellinger and Teresa Hellinger.

2.   Approve Minutes from the April 15, 2013 Planning Commission Meetings

It was moved by Commissioner Earle and seconded by Commissioner Anderson to accept the minutes from April 15, 2013 Planning Commission meetings.  Vote was taken.  Motion carried.

Public Hearing – Statement to Applicant and Audience

City Manager, Gerald Breazeale read the Statement to the Applicant and Audience.

Statement to be Read before Public Hearing

1a. the applicable approval criteria in Chapter 10 of the Irrigon City Code and associated standards apply to the application or appeal.

b. Testimony and evidence shall concern the approval criteria described in the staff report, or other criteria in the comprehensive plan or land use regulations that the person testifying believes to apply to the decision.

c.  Failure to raise an issue with sufficient detail to give the Planning Commission and the parties an opportunity to respond to the issue, means that no appeal may be made to the state land use board of appeals on that issue.

d. Before the conclusion of the initial evidentiary hearing, any participant may ask the planning commission for an opportunity to present additional relevant evidence or testimony that is within the scope of the hearing. The Planning Commission shall grant the request by scheduling a date to finish the hearing (a continuance) per City Code, or by leaving the record open for additional written evidence or testimony per City Code.

2. Continuance: If the planning commission grants a continuance, the completion of the hearing shall be continued to a date, time, and place at least seven (7) days after the date of the first evidentiary hearing. An opportunity shall be provided at the second hearing for persons to present and respond to new written evidence and oral testimony. If new written evidence is submitted at the second hearing, any person may request, before the conclusion of the second hearing, that the record be left open for at least seven (7) days, so that they can submit additional written evidence or testimony in response to the new written evidence.

3. Additional Evidence or Testimony: If the planning commission leaves the record open for additional written evidence or testimony, the record shall be left open for at least seven (7) days after the hearing. Any participant may ask the city in writing for an opportunity to respond to new evidence submitted during the period that the record was left open. If such a request is filed, the planning commission shall reopen the record.

a. When the planning commission reopens the record to admit new evidence or testimony, any person may raise new issues that relate to that new evidence or testimony.

b. An extension of the hearing or record granted pursuant to this subsection is subject to the limitations of Oregon Revised Statutes 227.178 (“120 day rule”), unless the continuance or extension is requested or agreed to by the applicant.

c. If requested by the applicant, the city shall allow the applicant at least seven (7) days after the record is closed to all other persons to submit final written arguments in support of the application, unless the applicant expressly waives this right. The applicant’s final submittal shall be part of the record but shall not include any new evidence.

d. The record shall contain all testimony and evidence that is submitted to the city and that the hearings body has not rejected.

e. In making its decision, the hearings body may take notice of facts not in the hearing record (e.g., local, state, or federal regulations; previous city decisions; case law; staff reports). The review authority must announce its intention to take notice of such facts in its deliberations, and allow persons who previously participated in the hearing to request the hearing record be reopened, if necessary, to present evidence concerning the noticed facts.

f. The review authority shall retain custody of the record until the city issues a final decision.

Commissioner Carroll asked the Commissioners if there was need to declare any ex parte contacts concerning the application.  The Commissioners stated no.

3.      Open Public Hearing – Variance Request from Setback Requirement 375 SE Division Street

Commissioner Carroll opened the public hearing at 6:08 p.m. for comment and asked the public to state their first and last name.

When testifying Scott Hellinger stated that they were asking for a variance at 375 SE Division Street to build a storage shed and before starting they had come into the office and talked to Ms. Moore and there was some confusion in the discussion that she didn’t realize the size of what they were talking about at the time.  At one point they were to check with the county because there were no requirements in the city for a shed.  Mr. Hellinger stated that he talked to the people at the county office and they said they were in the city and the county didn’t have anything to do with them.  He continued to say that they went ahead and started building the shed and one night the code enforcement showed up and a neighbor had complained that they were close to the property line and to check with the city.  They did check with the city and found out that they couldn’t build on the property line. At this point Mr. Hellinger stated that at this point they had invested close to $1000 into the shed.  The way the property is laid out makes it very inconvenient because they need to have access from the front of the driveway the front of the shed because it is going to hold ATV’s and heavy equipment and to get it on the trailer and out of there. It is a narrow lot and there is no way to go around to the back of the lot to pull the equipment out.

Commissioner Carroll asked if the Hellinger’s had a gate.  Teresa Hellinger stated yes, a small one to the back yard, not large enough to take ATV’s through.  Commissioner Earle asked about distance between the other shed and the corner of the house, it is wide enough.  Commissioner Earle stated that if their request is turned down for the variance and the shed had to be moved would there be enough room to drive between the house and the other shed to get to the back yard.  Mr. Hellinger stated that it’s possible but the dog pen in there.  He said there are trying to keep the neighbors from complaining about the dogs barking and where the dog pen is, it is quieter.  The only open part is to the house and they would have to move that to get in and out of there. 

Commissioner Earle asked if the Hellinger’s had checked with the county records before building.  Mr. Hellinger stated yes they had checked and the county said we are in the city, check with them.   Commissioner Earle asked if they had their deed, and are there recorded easements along there.  Mr. Hellinger stated that he believes there are utility easements on the other side of the property.  Mrs. Hellinger stated that she has heard nothing in the eight years she has lived there.  Commissioner Earle stated that the city has to abide by county regulations, as far as building permits and what have you, his understanding is that if you are building anything greater than 120 square feet (City Manager Breazeale stated it has changed to 200 square feet) a building permit is required.  However, under 200 sq. ft. they might not need a permit. 

Commissioner Anderson stated that the issue is that the Hellinger’s need to have a 10 ft. setback away from the property line, otherwise the other property owner would have to have a 20 ft.   The fire code states that the buildings need to be 20 ft. apart.  Mrs. Hellinger stated that there is nobody on the other property, no building.  Commissioner Anderson stated that the owners might sell or divide the property and someone might build on that property someday and they would need to start their building 20 ft. away from the property line.  If the city was to grant the Hellinger’s to build on the property line it would be as issue for the adjacent property owners.  Mrs. Hellinger stated that she doesn’t believe that would be an issue since they own a double lot.  However, it was stated that one lot would be unusable.  

Commissioner Carroll stated that storing ATV’s in this building are petroleum powered vehicles; the lot next to the Hellinger’s is dead grass, a potential fire danger, only 8 ft. from their house.  Mr. Hellinger stated they only have one ATV and it coincides with the fire regulation for the state, it shouldn’t be a problem, he is not driving it next door.  Commissioner Foster asked what the building will be made of.  Mr. Hellinger stated wood.  Commissioner Foster asked if the wood will be fire proof.  Mr. Hellinger stated no, what difference does it make, what is the difference between having a gas can in the building; a lot of people around here have gas can it their buildings.   Commissioner Foster asked if they were 8 ft. from the house.  Mr. Hellinger stated yes, and quite a few, and not 20 ft. between houses on Division.  And he continued to say that apparently they have had variances granted.  Commissioner Earle asked it the adjacent property owners were notified.  Commissioner Anderson stated that yes they were.       

Commissioner Carroll stated that if the 8X10 shred was moved back toward the rear fence, and build the new shed closer to the side the fence.  Mr. Hellinger stated that they have invested all this money after being giving the wrong information.  Mrs. Hellinger states that they have already pour concrete. Mr. Hellinger states, because they were gave the wrong information to begin with and now we are out all this and then inconvenience again to tear everything down in their back yard.  Commissioner Carroll asked if when they spoke to Ms. Moore were they clear with what you intended to do.  Mr. Hellinger stated that at that time it was even a bigger shed, 20X16 and he down sized because of the cost.  Commissioner Carroll asked if he had talked to Mr. Breazeale.  Mr. Hellinger stated no.  Commissioner Carroll stated in this instant prior to their construction project then they didn’t have all of their information they should have been able to acquire.  Mr. Hellinger stated that they did not know that they should have talked to Mr. Breazeale; they were not given that information.  Commissioner Carroll stated that it’s being used now for a depository, old BBQ and perhaps some boxes.  Mr. & Mrs. Hellinger stated no, right now it has a BBQ and a make shift table that they put together, which was used while cutting the lumber and the ATV.  Commissioner Carroll asked what kind of finish was the shed to have.  Mr. Hellinger stated it was going to have the same siding as the house. 

Commissioner Earle stated his heart tells him to give the variance but his head says wait a minute, he hopes this doesn’t cause any problems in the future.  Commissioner Anderson states that it is going to cause problems in the future, because the future owner or the owner of the adjacent property, especially if they decide to spit the property, one of the lots will be completely unusable, if buying dual lots, you would expect to be able to build on it or spit it.  Commissioner Anderson continued to say that 20 ft. would need to be taken off the lot before building anything.  Mrs. Hellinger asked why they wouldn’t; they had 20 ft. before building their shed.  Commissioner Anderson stated that the shed is on the property line, it should be 10 ft. from the property line.  Mrs. Hellinger asked why wouldn’t they that lot is the same size as theirs and they had 20 ft. away, the same as they were. Commissioner Anderson stated, because it would have to be 20 ft. away as well. Commissioner Earle stated that the lot size is 57.67 ft. wide and 130 ft. deep and that’s not much width, 20 ft. out of there doesn’t leave much.  Commissioner Anderson stated that with10 ft. off the other side only leaves 27 ft. wide for a house, which is not much room.  Manager Breazeale stated that the lots do meet minimum size of 50 ft.

Commissioner Anderson stated that she can’t see putting limitations on the future property owner(s) and that’s what they would be doing; they would have to go back 20 ft. (the neighboring property owners would need to go back 20 ft. before building).  Mr. Hellinger stated that there are houses build here that aren’t 20 ft. from each other.  Commissioner Anderson stated that was before the code was put in.  Mr. Hellinger stated that a year ago a gentleman on Idaho was given a variance.  Commissioner Anderson stated that she did not know anything about that. 

Commissioner Carroll stated that if the Hellinger’s were to go behind the fence and convert the fence to a gate and move the 8X10 a trailer could get back to the shed.  Mr. Hellinger stated that he would have to tear the dog pen down and move everything back.  Commissioner Carroll stated that according to the Hellinger’s site plan the dog pen is completely on the other side of that area.  Mr. Hellinger asked how would they not be10 ft. from any property line, if they moved it back 10 ft. they would be over the top corner of the house and 10 ft. from the other structures.

Commissioner Anderson stated that if they moved the shed over and against the fence.  Commissioner Carroll asked if that was an alley back there. Mrs. Hellinger stated yes.  Commissioner Carroll stated that the setback on their alley is only 2 ft., stated in the code book.  Mrs. Hellinger stated that technically it’s not an alley, its private property.  Mr. Hellinger stated that it would be hard to pull in and out of there with a trailer.  He continued by asking how the city granted a variance for a gentleman right on the property line  that’s not even back 30 ft. from the road. The commissioner’s stated that they had not granted a variance for anyone like that.  Mr. Hellinger stated that it was Philip Rand less than a year ago.  Mrs. Hellinger showed a picture from her phone. It was stated that the city is not aware of a variance for that.  Commissioner Carroll stated that had not come before this body in the last year.  Commissioner Earle asked how much it cost to pour the concrete.  It was stated $200.   The Hellinger’s were asked if they had any further comments.  There were not.

Public Hearing Closed at 6:35 p.m.

 

4.   Planning Commission Decision – Variance Request – Relief from Setback Requirement

Commissioner Carroll asked for a consensus of the commissioner present.  Commissioner Anderson stated that she stands on what she said early, she understands that they didn’t know what the codes were or may have been misinterpreted on the explanation of what they wanted to do. She stated that she can’t put that kind of requirement on the neighboring property.  Commissioner Earle stated that he feels the same way as Commissioner Anderson, however, he just can’t grant the variance, especially with it being a double lot.  And Commissioner Carroll stated that if they were able to purchase the property next door, the issue would be moot point.

It was moved by Commissioner Anderson and seconded by Commissioner Earle to deny the variance on the grounds that the adjacent neighboring property owner was have to double their setback to allow for the fire code (fire protection).  Vote was taken. Motion carried.                                                                

Mr. Hellinger asked if the city would be willing to help reimburse them.  City Manager stated that would be a request to take to city council.

 

5   Ordinance Development for RV Parks

City Manager Breazeale stated that this potential ordinance is to be developed in response to the issues with the RV park that is going in.  A number of subjects were brought up and it was suggested to look at doing an ordinance to regulate the parks in zone 1 & zone 2. The mayor came up with a rough draft in code language for suggestions.  One issue is a lot of large construction projects scheduled in the future that are starting presently.  With economic development the concern is if the limit of stay is too short the workers will not be able to complete the project with no place to stay.  The Commission needs to establish some specific limitations; these would apply to existing RV parks in the city.  The city attorney has said that if the existing RV parks did not comply with the new ordinance they would be in violation of the code.

City Manager Breazeale stated that the Commission could start working on the issues that they would like to see changed.  Workshop(s) would be needed in the future to exchange ideas.  It was suggested to look at other RV parks that they like and bring some of those concepts to the table.

6.  Building Permits – First Quarter Review

A list of building permits for the City of Irrigon was provided for informational purposes only.

7.  Additional Discussion

Commissioner Carroll read a note from Mayor Burns announcing Jerry Breazeale’s retirement potluck dinner set for 6 p.m. Saturday, June 22, 2013 at Stokes Landing Bed & Breakfast (located next to the Irrigon Marina), everyone is asked to bring a potluck dish (RSVP your dish of choice to City Clerk Penny Moore or Mayor Burns).  Entertainment will be provided.

It was moved by Commissioner Anderson and seconded by Commissioner Earle to adjourn the meeting. Vote was taken, the motion carried.

The meeting adjourned at 6:56 p.m.

 

 

Submitted by/

Penny Moore

City Clerk

 

 

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July 2, 2013 Planning Commission Meeting Agenda

 

          

Irrigon Planning Commission

Agenda

July 2, 2013 at 6:00 p.m.

Irrigon City Hall

500 NE Main Avenue

 

 

 

 

1.    Call to Order and Roll Call

 

2.   Approve Minutes from the May 7, 2013 Planning Commission Meeting

 

3.   Ordinance Development for RV Parks

      a.         Length of Stay

      b.         Park Model RVs

      c.         On site improvements

      d.         Number of people, pets and vehicles

 

4.   Resignation – Tom Roberts

 

5.   City Manager Dialogue

 

6.   Planning Commission Position(s) Update

 

7.   Additional Discussion

                       

 Adjournment:

 

 

NextRegular Meeting:City ofIrrigonPlanning Commission – August 6, 2013

All meetings begin at 6:00 p.m.