Planning --------- Regular Meeting – July 26, 2007 - 7:00 P.M.

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City Hall - 82877 Spruce St.
Westlake , OR 97439

COMMISSIONERS PRESENT:            George Burke, Chairperson; Richard Anderson, Darlene Beckman, Lee Riechel, Ron Shearer, Bill Tizzard.

STAFF PRESENT:                   Teri Tinker

I.                   CALL TO ORDER

            Chairperson George Burke called the meeting of the Dunes City Planning Commission to order at 7:00 pm .

II.                APPROVAL OF MINUTES

                  Commissioner Bill Tizzard moved, seconded by Commissioner Dick Anderson to accept the minutes with changes.  The Motion was adopted unanimously 5-0.

III.             OLD BUSINESS - None

IV.              NEW BUSINESS – None

V.                 REPORTS –

            The Planning Secretary reports were reviewed.

            The Conservation Committee reports were reviewed.  Commissioner Beckman asked about the term “grandfathered” in the Cate report.  Chairperson Burke explained it is not grandfathered, but non-conforming and pre-existing.

            The Commission discussed the Conservation Committee’s recommendation of the 10 gallon tree size when the two for one tree is recommended.  The Commission felt that a 10 gallon size would require a backhoe to move the tree and dig a hole large enough to plant, which would disturb too much ground, and felt that a 5 gallon size is what we want. 

            The Commission discussed the policy of replacing two trees when one tree is removed and if the area was heavily treed they may chose not to require replacement.  If they remove trees under the 25% rule, then they would not be required to replace the tree.

            Commissioner Bill Tizzard moved, seconded by Commissioner Darlene Beckman, that when an application is received for a tree removal to establish a 5 gallon standard for tree replacement.  Them Motion was adopted unanimously 5-0.

            Commissioner Bill Tizzard moved, seconded by Commissioner Ron Shearer to direct staff to inform previous vegetation removal applicants that were required to plant the 10 gallon size tree, that the requirement has been reduced to 5 gallon size.  The Motion was adopted unanimously 5-0.

VI.              PUBLIC HEARINGS

            Conditional Use Permit (CUP 03-07) and Variance (VAR 01-07) for Thomas and Rosemarie Nicholson, Tax lot 19-12-14-40-501, Address: 5420 Leavitt Loop .

            Chairperson George Burke opened the Public hearing at 7:26 and announced that the Public hearing will be continued on August 23, 2007 , at the regular Planning Commission Meeting and closed the public hearing at 7:29 .

            Conditional Use Permit (CUP 02-07) and Variance (VAR 02-07) for Jamie and Robin Mills, Tax lot 19-12-26-12-300/400, Address: 83449 Parkway Drive.

            Chairperson George Burke opened the Public hearing at 7:33.

            Burke told the Commission that in the prior Planning Commission meeting, it was conditioned that the Mills had to obtain permission from the neighboring property owners to trespass on their property.  Burke said after talking to the City Attorney, the City can’t require them to get permission, so that condition was removed.

            Jamie Mills 83449 Parkway Drive, Florence, OR 97439

            Jamie said she wanted to thank Tinker for a good Staff Report.  Jamie said she had checked to make sure there were no wetlands or waterways before buying the property, and that she was glad to finally be in her home.

            Mike Cochrane, ANB Construction, 83379 Parkway Drive, Florence, OR 97439

            Mr. Cochrane said he just wanted to say he was in support of the applications.

            Chairperson Burke closed the Public Hearing at 7:54.

            Deliberations:

            Chairperson Burke said he feels we need to add a condition #4:  All conditions must be met before final inspection will be allowed for the home or retaining wall.  All Commissioners agreed.

            Commissioner Dick Anderson moved, seconded by Ron Shearer to accept the Staff Report and Findings with corrections.  The Motion was adopted unanimously 5-0.

            Commissioner Dick Anderson moved, seconded by Commissioner Darlene Beckman to recommend approval to the City Council of the Conditional Use Permit (CUP 02-07) and Variance (VAR 02-07), with the added #4 condition.  The Motion was adopted unanimously        5-0.

VII.           UNSCHEDULED BUSINESS

            Tom Curtis, 83148 South Pioneer Rd., Florence, OR 97439

            Mr. Curtis said the Commission may know him better as the convicted felon behind    Jack Mobley.  Mr. Curtis said he came here to talk about himself, and to clear up the gossip that the Commission may have heard.  Mr. Curtis asked if anyone knew what the conviction was for? 

            All of the Planning Commission said they did not know what he was talking about and had heard nothing.

            Mr. Curtis said fifteen years ago he learned a valuable lesion to tell the truth, and if     you have a question, seek clarification and to tell the truth.  Mr. Curtis said that is what he is here to tell the Commission, to seek clarification and to tell the truth.  Mr. Curtis said after the felony was committed, he had a state license here and wanted to know how many felons go back and get another degree.  He said he did in Professional writing.  Curtis said Siuslaw News wanted to talk to somebody who could proofread.  Curtis said where it asked if you have a felony, he marked yes, and would check it today because he does not want to hide from anyone and doesn’t want anyone not to know who he is.  Curtis said the editor did not even call for an interview.  Curtis said how many writing degrees are there in Florence that were called in for interviews.  “Welcome to Florence”.

            Curtis said he came to Dunes City , every one chits and chats and no-one seeks clarification. He said his number is in the book.  Curtis said now his house is hidden     in the shadow of Mr. Mobley, a multi colored fence, and invited the Planning Commission to come by and see, or “better yet send your lawyer by and have him stand in my back yard and see what you six people took away from me”.  Curtis said Mr. Mobley’s wall is already up,   Curtis said he sent in a letter and wanted to talk about why he sent that letter.  Curtis said he understands that the Planning Commission believe that ex-felons are un-educated and pretty illiterate and are no match for the Planning Commission.  Curtis said when they started digging the hole, he came down to City Hall and talked to her, (and pointed to Tinker) and she told him the Planning Commission want to hear what you have to say, and he told her it is too late.   Curtis said Tinker told him the Planning Commission is interested and they   care, so he sent an email as Tinker told him.  Curtis said Tinker told him that if he got an email to her by Friday, she would put in the packet.  Curtis said he requested read receipt on his email but never received the reply,   Curtis said he called Tinker on the next Wednesday and asked if she received the email, she said no.  Curtis said Tinker told him to send it again and she would try to get it to them on Thursday. Curtis said if he was a perceptive smart man, he would say he was being encouraged to participate, and was being solicited for what he had to say. 

            Curtis said he told us about seeking clarification.  Curtis asked “do I have an issue with Jack Mobley? Not really.  Got an issue with you people, God knows.”  Curtis said he went over and talked to Jack Mobley, and the things he learned you would not     believe.  Curtis said he asked questions in such a way to get the answers he wanted and to “dry snitch” him.  Curtis said he will be at the next meeting and will talk about “the ex-felon is going to talk to you seven, about character and about integrity”.

            Burke told Curtis that he wanted to answer his letter, and that he tried to answer when he stormed out of the last meeting.

            Curtis said he is not able to talk about that letter any more as it has been handed off to a whole other venue.

            Burke told Curtis that he wanted to answer his letter anyway.  Burke said that the seven of the Planning Commission have nothing to do with sighting that building.  The sighting is regulated by the Codes and Ordinances.

            Curtis said “I’m sure, you follow all of those.  Do you think that McDonalds didn’t follow all the laws before that cup of coffee?  Following the law is not going to save     you sir.  There are other issues that come in than just the law, there is a question of heart, question of humanity, there is character and the only thing you have gotten from your lawyer the last two times he spoke to us was telling us to go to hell. Imagine that, a lawyer setting up there (cant’ understand what he said at this point).”

            Chairperson Burke said we are finished with you.

VIII.        ADJOURNMENT

            Burke adjourned the meeting at 8:30

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George Burke, Chairperson                          Planning Secretary