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OSF project�s contract deadline extended LUBA tosses OSF building appeal ASHLAND � A tardy land-use appeal by two city residents has been tossed on a technicality, meaning construction of a new Oregon Shakespeare Festival theater and a parking structure has passed an important hurdle. Philip Lang and Colin Swales contested approval for construction of the Hargadine Street projects on the grounds that city land-use rules prohibit such large buildings in the downtown area. But the Oregon Land Use Board of Appeals dismissed the action because their appeal arrived on Feb. 23 � late by three days. "I�m pleased that the project can go on without the threat of LUBA hanging over us," said OSF Executive Director Paul Nicholson. "We have been proceeding already because we believed that the city council operated properly and we felt that the LUBA appeal wouldn�t have been successful. We�re glad it�s behind us." Swales said the procedural requirements of a LUBA appeal are complex and detailed. He also said the city was not timely in its assistance. "Without the bottomless pockets of our opponents we were not able to compete on the legal intricacies of this appeal," said Swales. "This dismissal in no way denies the validity of our appeal arguments. The only losers are the ordinary people of this town, both from the financial and aesthetic standpoints." Shakespeare�s projects, a 350-seat theater and adjacent three-story, 145-vehicle parking structure violated the city�s "big box" ordinance that prohibited buildings of more than 45,000 square feet, according to the appeal to LUBA. Swales and Lang had earlier appealed a favorable planning commission ruling for the project to the City Council. The council ruled in October that the planning commission had made a correct decision. That ruling was appealed to LUBA. Swales and Lang could seek judicial review of the LUBA ruling, but Swales said that is unlikely. By TONY BOOM ASHLAND � City and Oregon Shakespeare Festival officials will have extra time to consider how they will share costs for a $2.4 million parking structure under construction, how to allocate a $1.5 million grant and loan package for the project and who will operate the parking lot. Oregon�s Economic and Community Development Department announced at Tuesday�s City Council meeting that it has extended its deadline to complete contract negotiations with the city for the grant and loan until June 1. The previous deadline was April 20. Ashland agreed to a 75-year lease of its land where OSF is building the 145-space parking lot and a 350-seat theater to replace the Black Swan in June 2000. The site previously provided 84 parking spaces. Under the lease the city was to pay for part of the facility and own the structure. An escalation in its estimated shared cost of the three-level, Hargadine Street parking structure prompted city officials to talk with OSF about rewriting the lease. OSF responded with a proposal that includes its operation of the parking lot. "I have asked Shakespeare that we look at several things. What I�m looking at is a little outside the box, " said Mayor Alan DeBoer in response to a comment by Councilman Don Laws, who said the council had been clear the city would operate the lot when it made its decision. "The festival is willing to run the facility if that�s what the council wants," said OSF Executive Director Paul Nicholson. OSF has notified the city that its portion of the project cost is $845,000, a 40 percent increase over the estimated $600,000. The entire project is now expected to cost $2.37 million rather than the anticipated $1.8 million. Nicholson said costs have been driven up by the need to build a stronger structure and to pay prevailing wage rates. The city must agree to terms of the grant and loan with the OECDD before it formally accepts the money. In its proposal, OSF asked for all of the grant funds. "This is our money to use for the benefit of Ashland," said Budget Committee member Russ Silbiger. "We should keep the grant and OSF gets the loan." In other action the council rejected an appeal of a Planning Commission decision that will allow remodeling of the city-owned former Hillah Temple on Winburn Way for administrative space. Former councilman Brent Thompson appealed the Planning Commission approval of a zoning change and site review to allow construction on the grounds that the project would violate the city�s own principles against urban sprawl. The city plans to add 4,000 square feet to the existing 6,500 square foot building. The resulting one-story building would occupy 64 percent of the 16,400 square-foot lot. Thompson would like to see a second story added to the building with the rest of the site used for parking or other purposes. Construction of a second floor was rejected because the building would either need to be demolished or extensively reinforced, resulting in higher project cost. A two-story structure would affect views of neighbors on Granite Street. Thompson said he plans to appeal the decision to the state Land Use Board of Appeals. Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2001 Mail Tribune, Inc.