Planning commission rejects code change

Last updated Mar 20, 2012 12:0pm0

The Sisters Urban Area Planning Commission will not recommend code changes that would allow a local food stand to extend its operations.

Since his business opened in July of 2011, Ky Karnecki, owner of the Wild Mountain jerky and mushroom stand on Highway 20 at the east edge of Sisters, has been campaigning for revisions to the city development code that would allow his structure to remain on its current lot year-round. He has also sought to extend his usage beyond the currently allowed 180 days.

Due to some inconsistencies in the way Karnecki's original request for a permit extension was handled, the city passed a special ordinance in January 2012 to grant Karnecki a 90-day extension on his permit. This was to allow his requested changes to be reviewed as part of the just-completed "mini" code review (see related story, page 15).

Last Thursday night, the planning commission voted 5-0 to recommend no change in the current requirements for a temporary conditional-use permit or a temporary business license. Currently a temporary permit will allow a business to stay open only 180 days in a given 365-day period.

The commission split 3-2 in voting to recommend that the current requirement to remove a temporary structure after its 180-day term has expired remain in place. Alan Holzman and Steve Auerbach were in the minority.

In his initial remarks to the commission relating to his code change requests, Karnecki said, "I've feel that I have made many efforts over the past several months with both the planning department and the planning commission, both with individual members and as a whole body. I submitted possible workable options. It is not my desire to seem confrontational. I'm just one person that is trying to make a living in the community that is my home."

Local business owner and vacant lot owner Gordon Wilson addressed the commission in opposition to Karnecki's requests: "If this passes, someone can come stick a temporary structure in the middle of (a 20,000 square foot lot). No paved parking, no toilet, no running water, they don't have to maintain anything. And then they can compete against my tenant (next door) six months out of the year, year after year.

"How about the vacant field in front of the post office," Wilson continued, "All I have to do is put a little gravel in there. I don't have to have a driveway. I don't have to have a sidewalk."

Wilson had kind words for Karnecki personally.

"I give him credit (Ky) for trying to figure out how to make something work," he said. "That's American ingenuity or entrepreneurship. Great."

Commissioner Doug Roberts said, "Mr. Wilson, ...we have been hearing this process for some time now. You are the first person that has come before this group that has spoken anywhere's remotely against this. We sincerely appreciate being able to hear something from the other side."

In response to Wilson's statement Karnecki said, "Richard's Produce has been operating under identical permit considerations for the last 11 years. Now and only now since Ky's come up opening up Wild Mountain do we have any concern amongst the city council, the planning department, the planning commission and one citizen who has been willing to go on record against my development.

"Richard is a friend of mine," Karnecki continued. "For 11 years Richard's has been operating with impunity, violating city codes. I've experienced nothing but resistance from every department in this city from day one. I do not feel that I have been treated equitably by this commission. Is it because my pockets are pretty small?"

Community development director Pauline Hardie told The Nugget that, "They both (Wild Mountain and Richard's) got their letters last year saying they both had to remove their structures."

Because the Wild Mountain permits started on an earlier date than Richard's Produce, Richard's was still open after Wild Mountain's permit expired. Hardie indicated that to her knowledge Richard's Produce was only open for the allowed 180 days.

Hardie further stated that, "Any business that wants to come in and pay for a site plan review to be permanent follows the same code requirements. Some sites require more than others because they have less improvements."

In explaining his vote, commissioner Roberts said, "Temporary means temporary. I have heard absolutely nothing that would change my mind. All parties that were involved in this process since day one knew what they were bargaining for when they took a temporary permit out, and then decided that they wanted to start making changes to that.

"Contrary to some earlier testimony," continued Roberts, "this commission has taken a great deal of its time and energy to listen to a whole lot of information being put down. In fact I can recall receiving an email that told us about what a wonderful job we did and how kind we were about listening to him. And yet tonight I'm hearing how we haven't taken any time to listen to him (Ky) at all."

Planners take on ‘minor’ code update

The Sisters planning commission met Thursday to review and recommend a series of what was anticipated to be "relatively minor" updates to the city development code. These five "minor" issues resulted in three hours of testimony and discussion, some heated, with one significant issue being tabled for more clarification.

The commission voted 5-0 to recommend no change in the requirements for a temporary conditional-use permit or a temporary business license. A temporary permit will allow a business to stay open only 180 days in a given 365-day period. The commission split 3-2 in voting to recommend that the current requirement to remove a temporary structure after its 180-day term has expired remains in place (see story, page 3).

An issue raised by home-owners in the mixed-use residential-commercial zone (primarily Adams Avenue) got a positive response from the commission. The commission recommended changing the code to allow for up to a 50 percent add-on to existing single-family homes in the mixed-use zone, provided all other single-family dwelling codes requirements were met. Under the current code, the owners of residential units cannot add on to their homes, out or up.

The commission voted to revise the code on event signage to allow direction signs to be placed 72 hours before an event, and remain up to 10 days after the event. This is a better fit to the way that major local events, specifically the quilt show, conduct their event. This will allow for non-locals to find the drop-off and pickup locations for their event materials.

In a second signage issue, the commission voted 3-2 to recommend a revision that will allow up to a six-square-foot stand-alone direction sign (no more than four feet tall) directing walking traffic to businesses in a "shopping center."

Developer Steve McGhehey raised an issue that the commissioners and staff appeared to agree with in principle, but after significant discussion, the wording was tabled for further review. McGhehey's request would apply not only to Sun Ranch Business Park but also to any number of large commercial lots in Sisters. He is seeking a zero set-back between subdivided lots on a parcel. That would allow a condominium multiple-unit building where an individual would own one unit in the structure and the land beneath that unit. A change in banking regulations has dried up funding for condominium developments unless the condo owner also owns the land for his unit separate from the other condo owners.

The commission voted to waive any potential text amendment fees (up to $5,000) for future revision to the code on this specific issue since they couldn't come up with the technical wording during the session.

The planning commission's recommendations will be reviewed and voted on by the city council on Thursday, March 22 at 7 p.m.