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- Subscribe - Contact Us - Rate Card - Place an Ad Valley&State Backpage O&E Sports Archives Classifieds Faith&Beliefs Obituaries Revels October 14, 2004 LUBA backs city's denial of Bemis project By Emily Morris Tidings Correspondent The Oregon Land Use Board of Appeals has upheld the city council's decision to reject the proposed Bemis project, but the attorney for the Bemises said they may appeal based on one dissenting opinion. Ed and Tanya Bemis proposed to build a five-level, mixed-use building with commercial space, condominiums, and 2 1/2 floors of parking behind the Ashland Springs Hotel. The project has been a source of controversy in the city since its proposal, as opponents took issue with the building's size and that it was filed with the city just four days before a new big box ordinance limiting the size of buildings downtown was passed by the council. LUBA is made up of three Oregon Bar Association members; chairman Michael Holstun wrote a dissenting opinion. The applicants, Ed and Tanya Bemis, now have 21 days to file a notice of appeal with the Oregon State Court of Appeals. The 36-page decision supported that the city could enforce the new ordinance to apply to the Bemis project. The dissenting opinion held that the city unfairly reinterpreted the new ordinance to apply retroactively to the Bemis' project. "My recommendation to them would be to appeal, based on the strength of the dissenting opinion," said Bemis attorney Greg Hathaway. Should there be an appeal, Hathaway said it will be faster than the LUBA process. After filing a notice of appeal the Bemises have a 14-day briefing period, and then the city has 14 days to submit their opposition. Following an oral argument the court has 91 days to render a decision, Hathaway said. City Attorney Mike Franell said he thinks LUBA had good reason and cause to hold as they did. 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. The total proposed floor area is 81,212 square feet. A planning commission decision was appealed by a group of residents and went before city council. The council denied the application in a 3-2 vote. The recent appeal was based on an amended Big Box ordinance, and council's interpretation of the ordinance. Bill Street, an Ashland resident and one of the appellants who appealed the planning commission's original decision, said it is a wonderful example of maintaining local control. Street said all of this could have been prevented if the planning department had agreed to the council's request that staff keep them informed during legislation regarding any upcoming applications that might challenge the ordinance, so they could expedite the process, Street said. The LUBA decision referred twice to council's frustration that they had been put in a difficult position. "All of this money and all of the time that the city, citizens and Bemises spent could have been avoided," Street said. 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