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Ashland Daily Tidings (Ashland, OR — Wayback)

2004-06-29

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June 28, 2004  - Subscribe  - Contact Us  - Rate Card  - Place an Ad Valley&State      Backpage      O&E      Sports      Archives      Classifieds      Faith&Beliefs      Obituaries      Revels April 9, 2004 Council approves DeBoer plan By Steve Zimmerman Ashland Daily Tidings The Ashland City Council, by a vote of 5-1, approved a planning and engineering permit for Sid and Karen DeBoer's home construction on their property at 265 Glenview Drive. Cate Hartzell cast the lone dissenting vote. The council also approved an amendment to the approval instituting 10 recommendations from the Planning Commission Hearing Board. That vote was 6-0.   This is the architectural rendering of the proposed DeBoer House, provided by Ogden Kistler Architecture, AIA, in Medford. Submitted photo Both votes followed an hour of presentations by those opposed to the construction, led by Colin Swales. Once that was completed and the council had a chance to quiz the applicant's representative, Craig Stone, the council began discussion on the permit. And then things got testy among council members. Council members Chris Hearn, John Morrison and Don Laws all stated that while they were uncomfortable with some aspects of the application, there was nothing in the permit application that led them to oppose it. When it was Cate Hartzell's turn to speak, she issued a sharp indictment of the DeBoer's' experts about a tree removal that took place on the property. During the preparation process, Karen DeBoer called city staff twice to inquire about removing three trees from her property. During both calls, she was told it was OK to remove the trees, and that was done. Only afterward did city staff realize their mistake. Hartzell noted in her comments that "the applicants (DeBoers) had some of the best consultants in the Valley working for them." She went on to say that being the case, there was no excuse for the trees to be removed as they should have known the law. That led Hearn to chastise Hartzell for her comments. "Are you holding the DeBoers to a different standard because of who they are in regard to the cutting down of the trees?" he asked. Hartzell again noted that the DeBoers' consultants should have known the law. That was when Don Laws suggested to Hartzell that she needed to change the words she had used. When she tried to defend herself, Laws yelled, "That's what you said." And that ended that discussion. Up to that sharp exchange, the evening had moved along pretty innocuously, with the opponents to the permit presenting their evidence and support from the community. Colin Swales was the only appellant to attend as Bryan Holley was out of town and Bill Street had removed himself from the appellant's case in order to utilize five minutes to present his opposition. Swales laid out their case by noting that the appellants were opposing the application due to questions about the height requirement, the slope of the buildable area cited within the permit and the timely delivery of a topographical map to the Hearings Board. Several speakers talked about the quality of life they fear they will lose if the 11,000-square-foot home is built. "My quality of life and my neighbors' quality of life is important to me," Regina Ayars said. The construction of this home will be disruptive to the neighborhood and to me personally." And one citizen asked the city council a right-of-way question. "Is the council aware that the city is giving up 26 feet of right of way to the DeBoer's," Jane Street asked? She was concerned that by doing so, the council would be precluding any future sidewalk construction in the neighborhood. George Kramer added to the discussion by chiding the city for allowing Stone to set code for the city. It is city policy that the applicants for a building or P & E permit do the leg work and draw up the plans for the project, thus saving the city thousands of dollars in engineering costs. And Paul Copeland noted the will of the community. "It would be nice if Sid DeBoer were taking the high road and accepting the will of the community for construction standards in the historic district," he said. He went on to say DeBoer was asking for an exception from the community to build his home as a new city ordinance now in effect would preclude the building of such homes in the future. But, city staff and the council, with the exception of Hartzell, noted that the home conforms to the city standards in place at the time of the permit application and so they voted to approve. "In looking at the development standards and physical constraints, I have to ask, have they been minimized?" Council member John Morrison said in his final remarks before the vote. "I haven't heard any clear and compelling information that that is not the case. It seems like every attempt has been made to minimize those standards and constraints." This may not be the end of the line for this particular permit, however. Street said, when questioned late in the meeting, that the appellants will research the issue of whether or not to file an appeal with the Land Use Board of Appeals (LUBA) in Salem. DailyTidings.com Home Page Valley&State | Backpage | O&E | Sports | Archives | Weather | Classifieds Columnists | Faith&Beliefs | Obituaries | Revels | Subscribe | Contact Us Copyright 2004 Ashland Daily Tidings and Ottaway Newspapers All Rights Reserved Click Here Site Search: .:Advertisements:. RESOURCES - Mail Tribune News - ODOT Road Cams