Dunes
City Planning Commission
M
I N U T E S
Print file
Regular Meeting – October 26, 2006 - 7:00 P.M.
City Hall - 82877
Spruce St.
Westlake, OR 97439
I.
CALL TO ORDER:
Chair George Burke called
the meeting to order at
7:02 p.m.
ROLL CALL
Present:
Chair George Burke; Commissioners, Susie Navetta, Ron Shearer,
David Bellemore, Dick Anderson; Planning Secretary, Teri
Tinker,
Office Assistant, Sue Scott, and five citizens in the audience.
II.
APPROVAL OF
MINUTES:
ACTION: Dick
Anderson made a motion to accept the
August 17, 2006
minutes. David Bellemore
Seconded
the motion. There were 5 ayes,
0 nays. Motion carried.
III.
ANNOUNCEMENT AND
CORRESPONDENCE:
George Burke made the following
announcements:
A.
November meeting will be
Tuesday November 21, 2006
.
B.
Nicholson & Armstrong – Addressing (Exhibit A)
C.
Jeanne Ternahan, John Pino – RE: Sassi-Sinclair property
(Exhibit B)
IV.
NEW BUSINESS:
A.
Permits/Ordinance
for water lines from lake.
George Burke discussed the
background/rulings from the State regarding plumbing inspections for
waterlines for utilities.
ACTION: Susie
Navetta made a motion that we go to the City Council and recommend that
Gary Darnielle drafts a limited ordinance for water system and
electrical lines.
David Bellemore seconded the motion. There
were 5 ayes and 0 nays. Motion
passed.
B.
Conservation
Committee Vegetation Removal Recommendations:
Sunset Cove PUD – Rob Ward - Map Number 19-12-23-31/Tax
Lot(s)
: 3400 & 3500.
George Burke read the
recommendation made by the Conservation Committee (Exhibit C) with some
interaction/conversation with Rob Ward.
ACTION:
Ron Shearer made a motion to approve the Conservation Committee’s
Recommendation. David
Bellemore recused himself. Dick
Anderson
seconded the motion. There
were 4 ayes, 0 nays, and 1 recused.
Motion passed.
Susan Trent - 83435 Hwy. 101,
Florence
,
OR
97439
George Burke read the recommendation made by the Conservation
Committee
(Exhibit D).
Susan Trent asked for clarification as to stumps being left.
ACTION:
Susie Navetta made the motion to approved the recommendation made
by the
Conservation
Committee on the
Trent
vegetation removal. David
Bellemore
Seconded the
motion. There were 5 ayes and
0 nays. Motion passed.
Charles
Bang -
83431 Woodland Lane
,
Florence
,
OR
97439
George Burke read
the recommendation made by the Conservation Committee
(Exhibit E) with
discussion.
ACTION:
Ron Shearer made a motion to approve the recommendation of the
Conservation
Committee with the
exception that the #2 be allowed to fall with the same
Description as #3
in a manner the minimally disturbs the shore area.
Dick Anderson
seconded the motion. 4 ayes, 0
nays, 1 recused. Motion passed
with the above
condition.
Dan
Lofy -
83584 Woodland Lane
,
Florence
,
OR
George Burke
reviewed the past history of the property (Exhibit G) dating back to
1987, including the
lien that was put on the property in September 1993 and the
permit to build a
garage and an apartment above it.
Dennis Laurie,
83584 Woodland Lane
,
Florence
,
Oregon
, owner of the discussed
property, asked to
be heard. Discussion regarding
the purchase of the property
from the Multanen’s who had
issues with
Dunes
City Hall
and indicates that those issues should subside now that he is the owner.
George Burke indicated that it is
something that will have to be reviewed because it appears that cabin in
the 50’ riparian area should have been removed.
Dennis Laurie states that there was
a title check and there was no lien against the property;
Dunes
City Hall
released it.
George Burke refers back (Exhibit
G) and discusses the permit to build a garage with apartment above with
the condition that when built that the old cabin in the riparian area
would be torn down and then at some point Dunes City put a lien saying
that the old cabin in the riparian area had not been torn down.
Burke stated there was another incident where Mortier went out as
our building official and they had to remove the sink from either the
apartment or the cabin since only one place could have a sink.
We have been led to believe, for awhile, the state building code
and the building department had said a stove but Dunes City Ordinance
states sink.
Teri Tinker
clarified our ordinance states you cannot prepare food, wash dishes
or have any
appliances in any form that are for a kitchen at all.
George Burke discusses more about
the code. Discussion about the
last recommendation that can be found from the City Council is that if
building a new house goes along with the garage and the apartment then the
existing cabin in the riparian area is to be removed.
Burke
discussed the Lofy vegetation removal regarding the committees findings
(Exhibit F). The tree is
actually leaning against the cabin. The
Conservation committee had no idea that this cabin is going to be removed
when they made the recommendation to remove the tree.
There was more discussion about the history of the property.
Discussion returns back to the conservation committee
recommendation to remove the tree; it will be almost impossible to remove
the house at some point without tearing up the tree.
Laurie indicates that within the
last week he didn’t know that when he bought the house that it had so
many issues. There was
discussion regarding the apartment above the garage and that there is no
sink at this time.
George Burke said when
Mortier, the
building official, went out to verify that the sink was gone; he didn’t
say gone from where. Laurie
said the Cabin is fully furnished and the sink in the apartment is gone.
More discussion about building a new home and that
Dunes
City
would require you to tear down the existing cabin once that happens.
Laurie asks what’s wrong with
having a guest house? Why
can’t I keep it as a guest house?
George Burke discussed guest houses
and that if you built on to the existing garage and made it all one place
you’d be back in business again.
It would be something that our City Attorney would have to look at.
Burke said there are still going to
be issues with
Dunes
City
when you come in to get a building permit.
Laurie asked why they’re so
determined to have these homes within the 50’ barrier removed when it
sits up high; you’re never going to have a water line go that high were
my cabin sits.
George Burke states, it’s a
riparian area; it’s state code and
Dunes
City
code.
There was discussion regarding high
water elevation, Woahink water rights and who has jurisdiction over the
water in the lake.
Susie Navetta
recommends getting back on track regarding the tree removal and
asked for a definition of removal
(in this case); which would be down to ground level.
ACTION:
Susie Navetta made a motion to approve the removal of the tree as
recommended
by the Conservation Committee.
David Bellemore seconded the motion.
There were 5 ayes, 0 nays. Motion
passed.
Laurie comments he thinks
eventually he’ll have a new house. There was discussion regarding 1
sink/kitchen on the property and about the cabin and if a new house is
built the kitchen in the cabin will have to be removed.
There was more discussion regarding building a house and connecting
it to the existing 3 car garage/apartment that would be considered one
existing structure.
George Burke
replies yes, that by our code today you’d be good, but you have to
Remove the kitchen
from the cabin.
Susie Navetta again
recommends a concept assistance hearing.
Multiple
Discussions
continue.
Teri Tinker said, I think his
questions was; if he built the house onto the garage with the apartment
can he have 2 kitchens, one in the house and one in the apartment?
Laurie said yes.
Tinker said this will all be
discussed when the building plans come in and we’ll deal with that then.
David Bellemore
said this is not the matter before the Commission.
Burke said no, but it’s a citizen
that has bought some property and because of the back log of problems and
because there’s still a requirement that if he builds a new house he
will have to remove the cabin.
There was continued discussion
about the past problems on this property with the city.
David Bellemore asked if this is
the matter before the Commission?
Burkes said no.
Bellemore said he was just trying
to get clear on this.
Burke said he can bring anything
before this committee at anytime.
There was more discussion about the
problems with this property and the City and why Burke felt it was
important to bring up at this time, besides the tree removal permit.
Navetta stated; “Again, I want to
recommend a concept assistance hearing”.
Laurie asked if the City can take
the issues that the City had prior to the previous owners and burn the
file?
George Burke said what makes it
harder is the Planning Commission makes recommendations to the City
Council, and the Planning Commission does not make decisions.
Burke said we will make a recommendation to the City Council on how
it should be handled and that is how it's going to go.
Burke said the old issue is going to have to be resolved, and we
can't make it go away.
Laurie said “Legally you can't
make it go away?”
Burke said the City Council and the
City Attorney can get together and figure it out; maybe they can resend
the order. They can do
anything they want to do. The
City Council can do anything. You
have to petition to them.
Tinker said the City can’t
destroy records as the City has retention laws that require retention of
all the records on this property.
Laurie said that it was issues with
the previous owners.
Burke said it's not issues with the
previous owners; it's an issue with the property.
V.
PUBLIC HEARINGS
– None
VI.
OLD BUSINESS –
None
VII.
UNSCHEDULED
BUSINESS – George Hawes
George
Hawes
Bridge
Permit -
4312 Wendell Lane
,
Eugene
,
Oregon
George Burke
discussed the site review. George
Hawes explains his understanding
RE: trails/driveway
permit.
ACTION:
Dick Anderson made a motion to recommend to the City Council that
some kind
of soil engineered plan with how this excavation can be done, be
submitted. Ron
Shearer seconded the motion. David
Bellemore concerned about erosion.
Dick
Anderson
withdrew his motion. Ron
Shearer withdrew his second. There
was more discussion.
ACTION:
Dick Anderson made a motion to approve the bridge as engineered and
be required
to have a soil engineered plan submitted to the Building Department
for approval.
Ron Shearer
Seconded the motion. Navetta
was concerned about the bridge.
There was
discussion regarding the building permit, erosion, stairs, and excavating.
Teri Tinker brought up that this
really wasn’t an action item. Tinker
said she just wants everyone aware that the stream is there and that we
don’t have to stay away from it. Tinker
said she wanted the Planning Commission to ok moving forward with a
building permit.
Dick Anderson
withdrew his motion. Ron
Shearer withdrew his second.
ACTION:
Dick Anderson made a motion to move forward with the building
permit. Ron
Shearer seconded the motion. There
were 5 ayes, 0 nays. Motion
passed.
VIII.
ADJOURNMENT
George Burked adjourned the
meeting at
8:54 p.m.
___________________________________
__________________________________
George Burke,
Chairperson
Teri Tinker, Planning Secretary
___________________________________
__________________________________
Richard Anderson,
Planning Commissioner
David Bellemore, Planning Commissioner
___________________________________
__________________________________
Susie
Navetta, Planning
Commissioner
Ron Shearer, Planning Commissioner