Following disputatious discussion, CJ votes for workshop for Patton project
Wilderville-based builder Hoyt Patton crossed swords with the Cave Junction City Council during the Monday night, June 11 meeting in city hall.
Patton was seeking a variance for a three-lot duplex and town home Master Planned Development (MPD) project he has built at 117 N. Junction Ave., which includes a private street. The 1.25-acre property is zoned Multiple Family Residential. The narrow width of the lot prompted the variance request, according to city documents.
Dick Converse, a planner with Rogue Valley Council of Governments, summarized the staff report for councilors.
“Staff conducted a pre-application review of the proposal, and concluded that two parcels could feasibly be created, but that the third parcel would not meet code requirements,” the report said.
“The code,” said Converse, “provides few options for reduced street standards, one of which is a private street serving the rear of an unusually deep parcel, but only two parcels may be created.”
Access to the property is also an issue, according to the staff report.
It continued, “Council approval under this section would require that access to Lot 1 be provided from Junction Avenue. Given the location of existing structures, this does not appear feasible. The long and narrow shape of the Tax Lot 600 clearly restricts development options, but it does not prevent reasonable use of the property.”
Rick Riker, a Grants Pass-based land-use planning consultant, testified on Patton’s behalf.
“We feel that the variance is possible,” Riker said.
Riker said that the variance would “eliminate the hardship” of building on the narrow property, and would not be detrimental to the city.
“We feel the existing lot width is a pre-existing condition,” Riker said.
Patton called the development “high-quality,” and said that it is not as dense as it could have been. He added that the project is in one of the city’s in-fill areas, and that he is proud of his work.
“I couldn’t be happier about it,” Patton said.
Patton said that he was “caught off guard” by the city’s regulations, but Councilor Russell Ehrman disagreed.
“It’s up to you to research,” Ehrman said.
Patton said that he had partnered with the city during every phase of the project and was “under the impression” that the development would meet conditions of approval.
“I’ve tried awful hard at this,” Patton said. “I think it’s a good, quality project.”
Mayor Tony Paulson said that the city’s codes are quite clear.
“What’s wrong with two lots?” Paulson said.
Patton replied that it would be difficult to market such a product.
“You have to consider economics,” Patton said. “If I can’t market, I can’t spend the money here.”
Ehrman chastised Patton for starting the building process before gaining the council’s approval.
“This seems backwards to me,” he said.
Patton said that he isn’t asking the city to change its policies, and, “This is one of the best projects you could show me in this town.” He reiterated that he tried working with city officials, but said that there must have been a “miscommunication.”
“There have been some mistakes made, but we’re trying to get beyond that,” Patton said.
Rural Cave Junction resident Sally Palmer, a city property owner, strongly objected to Patton’s variance request.
“This council ought to be furious about this application,” Palmer said. “It makes me upset just talking about it.”
Paulson had suggested that the council hold a workshop to discuss the matter, but Kerby resident John Bowler said there is enough information available to make an immediate decision.
“I think you need to come to a conclusion now,” Bowler said.
Councilor Dan Fiske noted that Patton has been in the building business for a long time, and should be familiar with municipal processes. Ehrman said that Patton had previously tried to gain exemption from city regulations.
“It seems to be a habit,” Ehrman said. “I don’t appreciate that at all.”
Other developers go through the proper processes, Ehrman said, adding that Patton’s claims of hardship “seem disingenuous to me.”
Ehrman characterized Patton’s pleas as a “song and dance,” and expressed frustration at how the builder has thus far handled the situation.
“It just pisses me off,” Ehrman said.
Councilor Margaret Miller moved to continue the matter to the council’s July 9 meeting, with a workshop prior. The motion was seconded by Councilor Lynne Atteberry. Ehrman and Fiske voted “No.” The mayor broke the 2-2 tie with a “yes” vote.
The workshop date will be announced.
