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1 WOODBURN PLANNING COMMISSION PUBLIC HEARING/MEETING MINUTES September 10, 2020 CONVENED: The Planning Commission met in a 7 p.m. virtual public meeting session via GoToMeeting, Chair Charlie Piper presiding. ROLL CALL: Chair Piper Present Vice-Chair Bandelow Absent Commissioner Guerra Absent Commissioner Corning Present Commissioner Dos Reis Present Commissioner Lassen Present Commissioner Berlin Present Staff Present: Chris Kerr, Community Development Director Dan Handel, Associate Planner McKenzie Granum, Assistant City Attorney Introduction Chair Piper opened the meeting at 7:00 pm. Minutes None Business from the Audience None Communication Director Kerr shared that an email was received at 4:40pm from a representative of the AT&T Cell Tower applicant requesting to have the items for CU 2020-02 and EXCP 2020-06 removed from the agenda. Commissioner Corning made a motion to modify the agenda to have item 6b regarding CU 2020-02 and EXCP 2020-06 removed. Commissioner Berlin seconded and the motion carried. ---PAGE BREAK--- 2 Public Hearings Agenda Item 6a: VAR 2020-04: “Cottrell Residence ADU” at 1311 E. Lincoln Street: Variance request to modify maximum floor area allowed for an accessory dwelling unit (ADU) in order to convert living area above the garage into an ADU. Ex parte contact: Chair Piper drove by the property on the way to the meeting. Associate Planner Handel presented the staff report. The applicant was present and offered to provide more information or answer questions, if desired by the Planning Commission. Chair Piper opened the floor to public testimony by proponents and opponents and received none. Chair Piper closed the public hearing. Chair Piper commented that there is adequate parking at this property to accommodate an ADU. Commissioner Corning shared concern about setting a precedent for granting a variance for future ADU’s with more square footage than what the WDO allows. Commissioner Dos Reis also shared concerns about granting a variance for a larger ADU than what the WDO allows. Director Kerr clarified the criteria for granting variances, including that variances are site specific and legally are not precedent setting; there must be an undue hardship on the property owner; the circumstances must be unique to that person. Commissioner Corning clarified that the hardship for the current applicant/property owner is that the structure is already existing and larger than what the WDO allows. Commissioner Corning motioned to approve the project with conditions recommended by staff. Commissioner Berlin seconded the motion. The motion passed with a vote of 4-1, with Commissioner Dos Reis opposing. Business from the Commission: None Staff Update: Director Kerr updated the Commission that the Allison Way Apartments project will be voted on by City Council at the next Council meeting. Director Kerr also shared that an injunction was filed at the circuit court for enforcement action regarding the Super 8 Motel, along with some potential activity with Land Use Board of Appeals. Director Kerr encouraged the Commissioners to avoid conversations regarding this site due to it being an active legal case and discouraging bias towards any potential future land use decisions for that location. Director Kerr shared that the City received grants to hire consultants to help the City meet the requirements that have been mandated through legislation ---PAGE BREAK--- 3 regarding “middle housing”. This will require changes to the WDO and input from the Planning Commission. Adjournment The meeting adjourned at 7:39pm. Charlie Piper, Chair Date ATTEST Chris Kerr Date Community Development Director City of Woodburn, Oregon