Document text
- Subscribe - Contact Us - Rate Card - Place an Ad Archives Revels Classifieds Real Estate Guide Weather Subscribe Contact Us January 14, 2005 LUBA decision on Bemis project upheld By Jennifer Squires Ashland Daily Tidings The controversial Bemis project proposed behind the Ashland Springs Hotel will not be built, if a recent Oregon Court of Appeals ruling stands. But the attorney representing local developers Ed and Tanya Bemis said he expects the fight for the project to continue. The couple has 14 days to file a petition for reconsideration with the Court of Appeals, which Greg Hathaway, a lawyer with Davis, Wright and Tremaine representing the Bemises, believes "is likely." The Bemises could also file a petition to the Oregon State Supreme Court, a decision they have 35 days to make. "I don't think this is over yet," Hathaway said. "I think that this is such a significant project for the community. The Bemises are pretty committed to, in the end, making sure this project is built." Confidence grows for city Despite the prospect for more litigation, those who oppose the project were thrilled with the courts latest decision. "It's a victory for a lot of people working hard together," said Bill Street, a co-founder of the Citizens for Responsible Government, the group that appealed the original decision by the Ashland Planning Commission. "We really did the research and the law has been on our side, which has been shown." The court upheld the Oregon Land Use Board of Appeals affirmation of the Ashland city council's decision to reject the proposed Bemis project on Wednesday. The court did not release an opinion. "I wasn't surprised by the decision at all, just because of the way the arguments went," said Ashland City Attorney Mike Franell, explaining the tone and the questioning by the judges were different. "I felt much more comfortable that it would go in the city's favor [this time]." Too big? The Bemises proposed the five-level, mixed-use building with commercial space, condominiums, and 2 1/2 floors of parking in 2003. The 81,212-square-foot structure would have been built into the hillside behind the Ashland Springs Hotel off Hargadine Street. Last year, LUBA voted 2-1 to uphold the city council design to deny the project, but the Bemises felt they had a good chance overturning the decision in the Court of Appeals. "The dissenting opinion was a very clear indication that what the city council had done was quite deplorable," said Hatheway. "We felt very strongly that the court of appeals would recognize what the city council had done." After being approved by the Ashland Planning Commission in November of 2003, the project was rejected 3-2 by the Ashland City Council in January 2004, inciting the appeals process that has taken the project through LUBA and the Court of Appeals. The project has been a source of controversy because of the size of the building. Objections were also raised because the plans were filed with the city just four days before a new big box ordinance limiting the size of buildings downtown was passed by the city council. The Bemises and their developers have denied that they rushed the design to the city to slip in before the new ordinance took effect. The proposed building footprint is 19,560 square feet. The structure includes a 23,245-square foot basement, with 57,967 square feet of floor space above ground on three levels, including 23,671 square feet for parking. Despite ongoing legal challenges, Street hopes the recent decision might help force a compromise the community can support. "I hope the Bemises, at this point, will step back and prepare a new proposal," Street said. "I look forward to seeing a new proposal that fits historic Ashland." DailyTidings.com Home Page Archives | Revels | Classifieds | Real Estate Guide | Weather | Subscribe | Contact Us Copyright 2005 Ashland Daily Tidings and Ottaway Newspapers All Rights Reserved Slippers Women's Slippers men's slippers Ceramic Piggy Banks heloc libor rate Calenders 2005 Calender 2005 Accelerate Weight Loss Programs Memory Foam Mattress college loans alternative student loans Matchmaking & Dating Scripts Adventure Travel Conference Calls - $50/Month Security Systems student loan consolidation trillion cut diamonds Currancy Exchange Click Here Site Search: .:Advertisements:. RESOURCES - Mail Tribune News - ODOT Road Cams