Chairman Saylor called the meeting to order at 7:00 p.m.  Commissioners Ferguson, Rebman, Erz, Caplinger, Fialka, and Sheffield were present.  Commissioners Ottmar and Quick were absent.

Minutes

Commissioner Erz moved to approve the minutes of the November 10, 2010 regular meeting.  Commissioner Ferguson seconded the motion; the minutes were approved unanimously.

HEARING

Request for Variance/Stephen Janny/333 W. Hermiston Avenue

Chairman Saylor announced that the Planning Commission is holding a hearing to consider an application to alter an existing non-conforming structure.  The applicant wishes to expand the existing two-car garage into a four-car structure with a utility space added above the original garage.

Declaration of Potential Conflict of Interest

Chairman Saylor asked if any commissioner wished to declare a potential conflict of interest.  Hearing none, the hearing opened at 7:00 pm.

Hearing Guidelines

Chairman Saylor read the following guidelines;

The planning commission is holding a hearing to consider a request to alter an existing nonconforming structure located at 333 W. Hermiston Avenue, also described as 4N 28 10DA Tax Lot 6100. The request must be approved by the planning commission subject to the criteria established in '157.225(A)(1) of the Hermiston Code of Ordinances.   The site presently contains a single-family dwelling and a detached garage.  The property lies within the Central Commercial (C-1) zone.  The applicant wishes to expand the existing two-car garage into a four-car structure with a utility space added above the original garage.  According to '157.040(E)(3) of the Hermiston Code of Ordinances, where there are existing residential dwellings, they and their accessory uses may be maintained, expanded, or reconstructed in conformance with the development standards of the R-3 zone.  The minimum setback requirement in an R-3 zone for the rear is ten feet.  Since the existing garage sits just under seven feet from the rear lot-line, that renders the structure non-conforming.

1. The applicable substantive criteria relied upon by the City in rendering the decision to grant the variance are contained in §157.225(A)(1) of the Hermiston Code of Ordinances.
2. Testimony and evidence must be directed toward the criteria described above or other criteria in the comprehensive plan or land use regulations which the person believes apply to the decision.
3. Failure to raise an issue by the close of the record at or following the hearing, in person or by letter, precludes appeal to the Land Use Board of Appeals (LUBA) or the city council based on that issue.
4. Failure to raise an issue with sufficient specificity to afford the decision maker and the parties an opportunity to respond to that issue precludes appeal to LUBA or the city council based on that issue.
5. Failure to raise constitutional or other issues relating to proposed conditions of approval with sufficient specificity to allow the local government or its designee to respond to the issue precludes an action for damages in circuit court.
6. Prior to the conclusion of the evidentiary hearing, any participant may request an opportunity to present additional evidence, arguments or testimony regarding the application.  The planning commission shall grant such a request by continuing the public hearing pursuant to ORS 197.763(6)(B) or leaving the record open for additional written evidence, arguments or testimony pursuant to ORS 197.763(6)(C).

For this hearing, the process begins with the staff report, followed by testimony from the applicants and any other supporters of the application.  This will be followed by opponents to the application.  Finally, a rebuttal by the applicant will be allowed.  The public hearing portion of the procedure will then be closed, and the planning commission will consider the information and testimony received and may render a decision.

Staff Report

City Planner Spencer stated that in October of 2010 staff received a request to alter a non-conforming structure for property located at 333 W Hermiston Avenue.  The request is to construct an addition to an existing garage accessing the alley behind the property.  The property sits in a Central Commercial (C-1) zone.  However, existing residences in commercial zones are considered legal non-conforming dwellings and may be remodeled or expanded in conformance with R-3 residential standards.  In the case of the garage, the building sits approximately 6 feet from the rear lot line and does not meet the rear setback requirements of 10 feet.  When a pre-existing structure does not meet a setback requirement, the city has historically considered that to be a non-conforming structure and expanding along the existing setback line to be a minor variance under §157.225(A)(4)(c) which allows the expansion or restoration of an existing non-conforming structure.

Minor variances are typically reviewed by staff through administrative review.  Staff renders a decision on the variance request and notifies all property owners within 100 feet of the decision, providing 10 days for comment.  If any objections to the minor variance are submitted, under §157.225(C)(1) of the Hermiston Code of Ordinances, the minor variance is automatically referred to the planning commission for review as a major variance and subjected to the same noticing requirements as such.  Staff received one objection to the minor variance during the comment period and thus automatically referred the variance to the planning commission for review.  The objection raised an issue that the proposed garage extension is too large for the lot and that the applicant frequently blocks the alley with vehicles.

The request is processed using the noticing requirements for a major variance, but the approval criteria are still those used for a minor variance as in the original request.

§157.225 of the Hermiston Code of Ordinances establishes the following requirements for a minor variance:

(3) Granting or denying minor variances. The city administration may grant a minor variance to the requirements of the chapter where it can be shown that, owing to special and unusual circumstances, strict application of the chapter would cause an undue or unnecessary hardship. In granting a minor variance, conditions may be imposed which are necessary to protect the best interest of the surrounding property or vicinity or otherwise achieve the purpose of this chapter.

(4) Minor variances. One variance involving the following may be granted by the city administration after a thorough examination and upon presentation of evidence that the variance requested involves one of the issues listed below:

(a) Deviation from a minimum property development standard by not more than 10%.

(b) Expansion of a conditional or nonconforming use by not more than 10% of the gross building volume.

(c) Extension or restoration of a nonconforming structure.

Commissioner Erz questioned whether or not the Planning Commission could establish criteria for parking in the alley such as parking/no parking zones.  City Planner Spencer stated that only the City Council could designate parking/no parking zones.

Commissioner Caplinger wanted to know the minimum setback requirement for the C-1 zone.  City Planner Spencer stated it was zero and that a commercial structure could build all the way to the lot-line.

Hearing no further questions, Chairman Saylor opened the floor for testimony.

Testimony

Proponents:     Stephen Janny, 333 W. Hermiston Avenue; stated that there is little interior storage space so additional space is needed.  Additionally, he thought he could park in the alley but quickly discovered that was not true.  With the approval of the structure, he would be able to park his cars securely in the garage.  This would mean fewer cars parked on the street or on his grass.

                        Cindy Traner, 925 W. Hermiston Avenue; stated that if anyone wants to restore a house within the neighborhood, they should be able to do so.  She went on to say that Mr. Janny is not making a far-fetched request.

Opponents:     None present.
Hearing no further testimony, Chairman Saylor closed the hearing at 7:15 pm.

Draft Findings

Of the three requirements for a minor variance, it is necessary for the applicant to demonstrate compliance with only one criterion.  In this application, the applicant is proposing to construct an extension on an existing non-conforming structure.  The existing structure sits approximately six feet from the existing rear lot line which is closer than the required 10 foot setback.

1. The proposed extension is an addition to vehicle storage space and does not increase the overall land use intensity of the property.
2. The proposed extension does not encroach further into the required setback area than the existing structure.
3. The existing structures cover approximately 24% of the lot.  Following construction of the additional garage area, the lot coverage will increase to 31%.  The maximum lot coverage allowed in the R-3 zone is 35%, leaving all structures in compliance with the lot coverage requirement.

Staff Recommendation

The minor variance was originally approved administratively by staff on October 22, 2010.  The planning commission may choose to uphold the staff approval, modify the staff approval with additional conditions or deny the minor variance.

Chairman Saylor asked for a motion.  Commissioner Erz moved and Commissioner Rebman seconded the motion to uphold the staff approval. Motion passed.

NEW BUSINESS

Final Subdivision Plat/Desert Sky Estates, Phase II

Staff Report

City Planner Spencer stated that Paul Burns has submitted a final plat for Desert Sky Subdivision Phase 2.  The proposed subdivision is located on approximately 22 acres of land along the west side of S First Street south of the Union Pacific Railroad.  The property is described as 4N 28 15AD Tax Lot 100.  The applicant proposes to create 9 lots each approximately 9,000 square feet with one remaining oversized lot for future development.  The property is zoned Single-family Residential (R-1).

The criteria that are applicable to accept the final plat are contained in §154.46 of the Hermiston Code of Ordinances.  In addition, the planning commission’s acceptance of the preliminary plat was subject to 9 conditions.

Chapter 154: Subdivisions

§154.46 Final Plat

Per §154.46 of the Hermiston Code of Ordinances, the final plat shall show:

1. The boundary lines of the area being subdivided, with accurate distances and bearings.  Shown as required
2. The lines of all proposed streets and alleys with their width and names.  Shown as required
3. The accurate outline of any portions of the property intended to be dedicated or granted for public use.  Shown as required
4. The line of departure of one street from another.  Shown as required
5. The lines of all adjoining property and the lines of adjoining streets and alleys with their widths and names.  Shown as required
6. All lot lines together with an identification system for all lots and blocks.  Shown as required
7. The location of all building lines and easements provided for public use, services or utilities.  Shown as required
8. All dimensions, both linear and angular, necessary for locating the boundaries of the subdivision, lots, streets, alleys, easements, and other areas for public or private use.  Linear dimensions are to be given to the nearest 1/10 of a foot.  Shown as required
9. All necessary curve data.  Shown as required
10. The location of all survey monuments and bench marks together with their descriptions. Shown as required
11. The name of the subdivision, the scale of the plat, points of the compass, and the name of owners or subdivider.  Shown as required
12. The certificate of the surveyor attesting to the accuracy of the survey and the correct location of all monuments shown.  Shown as required
13. Private restrictions and trusteeships and their periods of existence.  Should these restrictions or trusteeships be of such length as to make their lettering on the plat impracticable and thus necessitate the preparation of a separate instrument, reference to such instrument shall be made on the plat. Shown as required
14. Acknowledgment of the owner or owners to the plat and restrictions, including dedication to public use of all streets, alleys, parks or other open spaces shown thereon, and the granting of easements required.  Shown as required
15. Certificates of approval for endorsement by the city council and certificate indicating its submission to the planning commission, together with approval for endorsement by other local, county and/or state authority as required by Oregon statutes.  Shown as required

Conditions From Preliminary Plat Approval

• The applicant shall work with and receive certification from the Hermiston Irrigation District prior to final plat approval.  The City of Hermiston will not sign the final plat until the applicant obtains certification from the Hermiston Irrigation District.  The applicant shall meet this condition of approval
• The west side of S First Street adjacent to each phase shall be improved to minor collector standards at the time each connection is made to S First Street.  Street improvements to S First Street shall align with existing curb and gutter to the north of the development.  The applicant shall meet this condition of approval
• Applicant must sign an improvement agreement and shall install grading, storm drainage, curb and gutter, sidewalks, street paving, and all service utilities for this development.  All improvements for each phase shall comply with city standards and specifications and shall receive final approval from the city engineer.  The applicant shall meet this condition of approval
• Streetlights must be installed at the applicant’s cost.  Once installed, the City will assume the monthly service charges.  The applicant shall meet this condition of approval
• Applicant shall comply with all provisions of §92.12 of the Hermiston Code of Ordinances relating to the control of blowing dust during all phases of construction.  The applicant shall meet this condition of approval
• The applicant shall place a notation on the final plat stating that Lots 1, 6 and 28 shall not establish driveways on S First Street.  The applicant has meet this condition of approval
• The new connecting streets designated “C” and “D” on the preliminary plat shall be designated with the SW prefix and designated as numbered streets or places based upon the addressing grid.  The connecting street designated as “E” on the preliminary plat shall be designated with the W prefix and designated as a named Avenue on the final plat.  The semicircular drives designated as “A” and “B” on the preliminary plat shall be designated with the SW prefix and be designated as named Drives on the final plat.  The applicant has met this condition of approval for this phase
• The applicant shall be responsible for protecting groundwater flows through the subdivision and insuring all housing is protected from possible groundwater intrusions.  The applicant shall meet this condition of approval
• The applicant shall be responsible for costs associated with modification of the Moore Avenue booster station pump sequencing.  The applicant shall meet this condition of approval

Commissioner Fialka verified that Phase II consists of lots 14 thru 22 and that lots 14 and 18 could not established driveways on S. First Street.  Those lots are not deep enough but more importantly, driveways are established on the street with the lowest classification.

Staff Recommendation

Staff has reviewed the final plat and determined it is prepared in accordance with all final plat requirements.  Staff recommends the planning commission approve the final plat subject to the following conditions:

1. The applicant shall work with and receive certification from the Hermiston Irrigation District prior to final plat approval.  The City of Hermiston will not sign the final plat until the applicant obtains certification from the Hermiston Irrigation District.
2. The west side of S First Street adjacent to each phase shall be improved to minor collector standards at the time each connection is made to S First Street.  Street improvements to S First Street shall align with existing curb and gutter to the north of the development.
3. Applicant must sign an improvement agreement and shall install grading, storm drainage, curb and gutter, sidewalks, street paving, and all service utilities for this development.  All improvements for each phase shall comply with city standards and specifications and shall receive final approval from the city engineer.
4. Streetlights must be installed at the applicant’s cost.  Once installed, the City will assume the monthly service charges.
5. Applicant shall comply with all provisions of §92.12 of the Hermiston Code of Ordinances relating to the control of blowing dust during all phases of construction.
6. The applicant shall be responsible for protecting groundwater flows through the subdivision and insuring all housing is protected from possible groundwater intrusions.
7. The applicant shall be responsible for costs associated with modification of the Moore Avenue booster station pump sequencing.

Chairman Saylor asked for a motion.  Commissioner Ferguson moved and Commissioner Erz seconded the motion to approve the final plat subject to the conditions as written in the staff report.  Motion passed.

Planner Comments and Unscheduled Communications

City Planner Spencer stated that the vision statement was sent to the consultant for additional work. He also mentioned that Paul Burns is going forward with Phase II of Desert Sky Estates because he now has a builder, Dick Maxwell, to start the construction of homes while Phase I is strictly an owner build situation.  Home Land Security was onsite to certify that telephone lines were not compromised while being moved.
The school district will be moving into West Park Elementary over the holiday break.
There was no further business and the meeting was adjourned at 7:23 pm.