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OCTOBER 26. 2010

1. CALL TO ORDER AND ROLL CALL: Chair Perry called the meeting to order at 2:00 p.m. Chair Perry and Commissioners Smolen, Power and Russell answered the roll. Commissioners Woodruff and Maré were excused. A quorum was present.
4. MINUTES: The Commission considered the minutes from the September 28, 2010 meeting. Commissioner Smolen moved to approve the minutes as presented. Commissioner Russell seconded, and the motion carried unanimously on a voice vote.
  A. Case File #1-NCALT-PC-10, Jack Anderson Application for Alteration of a Nonconforming Use:
  Chair Perry opened the public hearing, calling for abstentions, ex parte contact, bias, or conflicts of interest. None were announced. There were no objections to any member of the Commission participating in the hearing.
  Staff Report: City Planner Lewis indicated that the applicant had called and was unable to attend the meeting, though he would be available by phone if there were any questions. Mr. Lewis then reviewed his written report, noting that the applicant was requesting to replace an old single-wide mobile home with a newer single-wide manufactured home or possibly a stick-built home on a 20-foot wide parcel. Two letters had been received from an adjoining property owner. The first was responding to an error in the notice. The second one was not in favor of the application, but requested conditions if it was approved, including limiting the height of the building to a single story and requesting that there be no exits on the sides. Mr. Lewis noted that the maximum allowed height would be 15 feet, and no side doors were proposed. Mr. Lewis also noted that the applicant had assured him that the front yard setback would remain the same.
  Commissioner Perry wondered if the properties on Yaquina John Point were originally platted as a subdivision. Commissioner Power noted that during the installation of the new building it would probably be necessary to encroach on neighboring property. She also felt that removing the old mobile home and replacing it with a more modern one would be something that would benefit the surrounding properties. Commissioner Smolen agreed. Commissioner Power asked about the height restriction and Mr. Lewis responded that anything over 15 feet in height would require an additional setback. Commissioner Smolen expressed concern about the setbacks and fire prevention. Mr. Lewis responded that the neighboring property would have to have at least a five-foot setback which, combined with the proposed two-foot setback, would allow for at least seven feet between the buildings.
  Chair Perry closed the public hearing and opened deliberations. Commissioner Power moved to approve the application with the conditions contained in the staff report, noting that the applicant would have to come back before the Commission if it was necessary to further increase the degree of nonconformity. Commissioner Russell seconded. Following a brief discussion, the motion carried, with Commissioners Smolen, Russell and Power voting "Aye", Commissioner Perry voting "Nay", and Commissioners Woodruff and Maré absent and not voting.
  B. Proposed Amendments to Waldport Development Code - Tower Facility Regulations: Chair Perry opened the public hearing, calling for abstentions, ex parte contact, bias or conflicts of interest. None were announced. Mr. Lewis reviewed the process to this point, and noted that three letters had been received with regard to this issue - two letters requesting consideration to allow the facilities in a residential zone as a conditional use, and one letter focusing on amateur radio.
  Ed Peterson addressed the Commission, and also requested the Commission to consider allowing cell towers in any zone, based on a conditional use. He noted that most of the optimum areas for such facilities are within residential zoning (Crestline Drive, Waldport Heights, Alsea Highlands, etc. His property east of town is one example - there are areas of higher topography which would be ideal for such a facility, but the area is currently zoned residential. There being no further testimony, Chair Perry closed the public hearing and opened deliberations.
  Commissioner Russell agreed that banning cell towers from all residential zones might not be the best idea, though she also understood the concern regarding the unknown health effects. Commissioner Power indicated that she also agreed that cell phone towers have a place in the community, and noted that the proposed code language contained criteria for erecting such facilities. Following further discussion, City Planner Lewis indicated he would do further research on additional restrictions that could be applied in residential zones. Commissioner Smolen asked that he look into the potential impact on property values as well. Mr. Lewis also noted that he would research the issues brought up by the amateur radio operator.
  A. Planning Report: None. Mr. Lewis mentioned that the City had received an "Urban Vitality" award from DLCD for best downtown project on the Oregon Coast. Mayor Welch had been present at the banquet to receive the award on behalf of the City.
  B. Potential Development Code Amendments - Geologic Hazard Report Requirements: A brief discussion ensued regarding how to determine an average slope. Mr. Lewis will continue working on the draft.
  C. Other Issues: Mr. Lewis noted that the next regularly scheduled meeting would fall during the week of Thanksgiving. Following a brief discussion, consensus of the Commission was to combine the November and December meetings and meet on December 7 at 2:00 p.m.
8. ADJOURNMENT: At 4:10 p.m., there being no further business to come before the Commission, the meeting was adjourned.
Respectfully submitted,
Reda A. Quinlan, City Recorder
APPROVED by the Planning Commission this 7th day of December, 2010.
SIGNED by the Chair this 7th day of December, 2010.
Dave Perry, Chair