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http:// --> Ashland, Oregon HOME Valley & State Sports Nation & World Opinion/Editorial Classifieds Business Columnists Local Issues Obituaries Weather Archive Revels Etcetera Backpage Hot Topics Most Viewed Forum Photo Galleries Video Readers Polls O-Zone Online Games Movie Preview Special Sections Real Estate Guide Menu Guide Shakespeare Subscribe Contact Us Rate Card Place an Ad Top Galleries: February 15, 2007 Setback not needed for North Main Street project By Robert Plain Ashland Daily Tidings A divided Ashland Planning Commission narrowly approved, with a 5 to 4 vote, a variance to a 20-foot setback requirement for a commercial building on North Main Street. The requirement says that new construction on main city streets should be built 20 feet from the property line. Some believe it is outdated urban design that should no longer be enforced, while others feel such logic erodes the rule of law inherent in municipal planning. "It's not an easy decision," said city planner Maria Harris at the onset of the public hearing on Tuesday night. At issue in the hearing was a request by former planning commissioner Ray Kistler to build a commercial building on the corner of North Main and Glen Streets 10 feet from the lot line instead of 20, as a city ordinance states. In approving the variance, the commission sided with city staff's recommendation to do so, rather than with a group of planning activists that thought the building should be built to code. "It comes down if we have an ordinance, should it be obeyed," said Colin Swales, also a former planning commissioner. Phil Lang said the setback rule has been applied inconsistently over the years. In the past it was not applied to other projects Kistler built on North Main Street, but when Lang applied for a setback variance in 2006, his request was denied. Art Bullock also offered a legal approach to denying the project. "The fact that you have an alternative plan in front of you is the legal reason to deny the variance," he said. Kistler submitted a design for the building that obeyed the setback, but that commissioners didn't feel suited the neighborhood as well. A majority of the commission agreed with local architect Jerome White's interpretation of the issue. He said an Oregon Land Conservation and Development Commission's handbook on infill states that such setbacks "actually helped to destroy the street" by making it an inhospitable environment for pedestrians. Commissioners Olena Black, Michael Dawkins, Tom Dimitre and John Stromberg voted against the variance request. Stromberg said approving the variance would damage "the foundation for a clear application of the law." Commissioners Dave Dotterrer, John Fields, Pam Marsh, Mike Morris and Melanie Mindlin voted to approve the variance, and the project. "If we could reduce this to a mathematical formula none of us would have to be here on Tuesday nights," said Marsh. "I really buy the argument that having the building closer to the road is better for the pedestrian environment. It's a much better experience for pedestrians." Kistler said he could design a building that adheres to the setback rule, but thought the one that required the variance fit better with the historical streetscape of North Main Street. Morris added, "Sometimes this town is afraid of design. The 20-foot setback is not appropriate out there. Mr. Kistler came forward with a design that is better than what the code allows for." Staff writer Robert Plain can be reached at 482-3456 x. 226 or [email protected] Current Comments: Art Bullock offering legal advice, that's pretty scary considering he's not an attorney nor has any legal background. When is this person going to come out of the closet? Paul - Ashland - February 17th, 9:18 PM I am becoming more convinced that Art Bullock and Colin Swales and their absurd ideas are less detrimental to Ashland than the fact that four members of the Planning Commission and three members of Council believe any garbage they dredge up and offer as "fact." Don't we pay STAFF to advise our "leaders" on such issues? enough - ashland, or - February 19th, 9:01 AM Leave a Comment: Advertisement: Advertisement: Paid Advertising: Debt Help Inkjet Printers Payday Loans Free Ringtones Debt Consolidation Security Systems Debt Relief New Hampshire Primary Advertisement: Copyright © 2007 Ashland Daily Tidings and Ottaway Newspapers. All Rights Reserved. Del.icio.us