Welcome to the
     City of Canyonville                                                   

250 N Main, Canyonville, OR 97417
         541-839-4258 or 541-839-4020
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January 5, 2012

I.                        Call to Order and Pledge of Allegiance:

Administrator/Recorder Evans requested Commissioner Emory to Chair the meeting until a Chairman was appointed.  Commissioner Emory called the meeting to order at 7:00 p.m. and all joined in the Pledge of Allegiance.


II.          Roll Call:

COMMISSION PRESENT:       Commissioners Weigel, Emory and Butler.

COMMISSION ABSENT:         Commissioner Hill was excused.

STAFF PRESENT:                  Administrator/Recorder Evans and Deputy Recorder

STAFF ABSENT:                    Superintendent Lakey was excused.


III.        Special Matters

1.    Swear  in Newly Appointed Commissioners

Deputy Recorder Beckman administered the Oath of Office to Misty Boyé and Dana Ravera.

Zachary Culbertson was not present due to vacation.

2.    Appoint a Chair and Vice Chair

                   Commissioner Butler moved, Commissioner Weigel seconded a motion to nominate
     John Emory as Planning Commission Chairman.  All voted “yes”.  The motion carried.


                  Commissioner Butler moved, Commissioner Boyé seconded a motion to nominate
    Norval Weigel as Planning Commission Vice Chair.  All voted “yes”.  The motion


                  Administrator/Recorder Evans noted that the nominations for Chair and Vice-Chair
    would be referred to the City Council for ratification at the January 17, 2012 Council


IV.         Agenda Review/Additions:



V.           Approval of Minutes

1.      Regular Session / 11-3-11

2.      Special Session / 11-10-11

Commissioner Butler moved, Commissioner Weigel seconded a motion to approve the minutes of the 11-3-11 Regular Session and 11-10-11 Special Session meeting as written.  All voted “yes”.  The motion carried.


VI.          Public Hearings:

1.      Conditional Use Permit / William Dunlap – 570 N Main St., Canyonville, OR 97417 – Twp 30, Rng 05, Section 27BC, TL #1800 & #2000    


*    Chairman Emory opened the Public Hearing for the Conditional Use Permit /
 William Dunlap to establish an automotive repair shop at 570 N. Main St.,


*    Chairman Emory asked if any Commissioner wished to disqualify his or herself
 for any

      conflict of interest in this matter or report any ex-parte contacts.

      1. There were none.


*    Chairman Emory called for the staff report:

      1.   Administrator/Recorder Evans read the hearings disclosure statement.
 2.   Administrator/Recorder Evans referenced the following Staff Report:  


*    REQUEST: 

                        The applicants wish to purchase the property at 570 N. Main and establish
 an automotive repair shop.  The current property owner obtained a conditional
 use permit in 1994 to establish the existing conditionally permitted auto body
 repair shop.  However, according to the Canyonville Municipal Code Section
 18.88 (1)(c) a conditional use permit is non transferable.  Therefore, the
 applicants are requesting approval of a conditional use permit which will allow
 the establishment of their business on the subject property.




 CRITERIA 1:  The site size, dimensions, location, topography and
 access are adequate for the needs of the proposed use, considering the
 proposed building mass, parking, traffic, noise, vibration,
 exhaust/emissions, light glare, erosion, odor, dust, visibility, safety and
 aesthetic considerations.


1a.The subject property is located within the Commercial Retail (C1) zone. The
 zoning ordinance allows service uses inside or outside a building in the C1
 zone through the conditional use permit processes.  The types of service uses
 listed are auto repair, auto sales, boat sales, car wash, gasoline sales,
 nursery, outdoor markets, plumbing and heating services, secondhand sales
 and veterinary clinics.


1b.The property was originally developed in 1989 and operated as an auto
 repair shop.  In 1994 it was purchased by Fleet Malkon.  Mr. Malkon obtained
 a conditional use permit to operate an automotive detail/repair shop on the
 property.  The following conditions were attached to the permit approval:
·     Keeping a neat, tidy area outside this shop.  All repair reconstruction and or
    service of autos will be inside the building, except:

·     Vehicles stored that are waiting to be picked up or are waiting for parts.
The stored vehicles are only from the application business and no other.

·     All vehicles are to be moved as soon as possible.  No vehicles shall be
permitted to remain on the lot for more than 30 days unless an extension (in writing) has been granted by the City Planning Commission.

·     Working during normal, daytime hours so the homes nearby will not be
disturbed by banging or machines.

·     Conditional use permit will be reviewed if any complaints are received.


1c. The applicant’s use of the shop as an auto repair shop is the same as the
 originally established use of the building.  No alterations to the existing
 building are necessary and the parking and traffic demand are the same as
 when the shop was originally constructed.


 CRITERIA 2:  The negative impacts of the proposed use on adjacent
 properties and on the public can be mitigated through application of
 other code standards or other reasonable conditions of approval.


2a.The applicants state the business activities will consist of general auto repair
 services for foreign and domestic cars and trucks. The operating hours will be
 Monday through Friday from 9:00 a.m. to 6:30 p.m. Typical auto repair work
 performed includes routine tune ups, engine and drive train repair, exhaust
 system work, electrical work, repair maintenance of heating and cooling
 systems and brake jobs. Some light welding is performed in conjunction with
 occasional exhaust system work.  The business will not accept wrecked or
 abandoned vehicles and there will be no long term storage.  Waste materials
 and fluids are collected and stored in DEQ approved equipment.  Waste
 materials are removed from the property on a regular basis.


2b.The applicant’s proposed operation is similar to the previous auto detail/repair that was approved in 1994.  The conditions stated in the 1994 permit have proven to be sufficient to mitigate the impact to surrounding property owners.


2c.The surrounding properties are developed with single family dwellings even though the property is zoned Commercial.  Restricting the hours of operation to normal daytime hours will help mitigate the impact to the adjacent home owners.


2d.The subject property is adjacent to Main Street and close to the gateway for the City of Canyonville.  The aesthetics of the property is important due to the high visibility of the property. Screening of the property is not being required at this time based on the applicant’s testimony that wrecked or abandoned vehicles will not be accepted and there will be no long term vehicle storage. Should a problem arise with the aesthetics of the property the Planning Commission may either terminate the conditional use permit or require the property to be screened from public view.




1.  The hours of operation shall be limited to normal daytime hours of operation (7:00 a.m. to 7:00 p.m.).


2.  There shall be no outside storage of parts, equipment, dismantled vehicles or debris. If the aesthetics of the property declines the Planning Commission will require       screening of the property.


3.  All repairs reconstruction and service of autos shall be performed inside the building except minor repairs that can be completed by the close of the business day.  No vehicle shall be left outside of the building in an obvious state of disrepair or unsafe manner.


4.  The stored vehicles are only from the applicant’s business and are waiting
either for parts or to be picked up.  All vehicles are to be moved as soon as
possible.  No vehicles shall be permitted to remain on the lot for more than
30 days unless approved by the City.    


 CRITERIA 3:  All Required public facilities have adequate capacity to
 serve the proposal.


3a.The subject property is already developed with all the required public facilities
 including off street parking.


*    RECOMMENDATION:  Approve the conditional use permit to establish an auto
 repair shop in the Commercial C1 zone.


*    Chairman Emory asked for the applicant’s testimony.

      William Dunlap noted that he plans to improve the building.  He also noted that
 he has operated an auto repair business in town for 10 years and doesn’t keep
 vehicles stored outside.


*    Chairman Emory asked if anyone in the audience wished to speak in favor of
 the request.

      Fleet Malkon – 155 Hamlin Dr. Canyonville spoke in favor of the request noting
 that Mr. Dunlap keeps a clean shop.


*    Chairman Emory asked if anyone in the audience wished to speak against the
 There were none.


*    Chairman Emory closed the public hearing.


Chairman Emory asked if there was any further discussion from the Commissioners.


Discussion:  The Commissioners asked Mr. Dunlap what kind of improvements he planned for the shop, how he would store hazardous waste (oil & anti-freeze) and if he planned to have a tow truck or park a tow truck outside the building.


Mr. Dunlap noted that he intended to paint the building inside and out and possibly add on to the North end of the shop.  He stated that he would store oil & anti-freeze above ground and have it picked up by ORCO.  He further said he may have a tow truck parked on the property from time to time.


Commissioner Butler moved, Commissioner Boyé seconded a motion to approve the Conditional Use Permit for William Dunlap to establish an automotive repair shop in the Commercial C-1 zone located at 570 N. Main Street subject to the conditions listed in the Staff Report.  All voted “yes”.  The motion carried.


VII.        Business from the Public:



VIII.      Other Commission Business:

1.      William Daniels, Frontiers Edge – 765 NE Main Street, Canyonville.
Mr. Daniels highlighted the history of his Conditional Use Permit noting that he had
 gone before the Planning Commission then to the City Council and as he recalled he
 was only required to submit a drawing for parking.  He then noted that at that time
 he was called in to City Hall to sign the Conditional Use documents, which he did,
 however he did not read the report and wasn’t aware of the conditions.  Mr. Daniels
 understands that he has more than 11 cars parked on the property, that he was
 currently working on most of the cars and that he has a plan to get into compliance
 with the permit requirements by the end of February.  He also discussed
 constructing a screened are for storage.  Mr. Daniels requested to be put on the
 agenda the next time the Planning Commission meets.


Discussion:  The Commissioners discussed the number of cars on the property, the visibility of the cars that look wrecked, trailers, tires and other items stored on the property.  They also discussed that many complaints were from those who visit the cemetery and the biggest problem seemed to be that it was overall untidy.


Administrator/Recorder Evans offered to look over a parking plan with Mr. Daniels.  She further stated that the next time the Planning Commission meets Mr. Daniels could be on the agenda.


IX.         Correspondence:



X.           Announcements:

              1.   City Council – Tuesday, January 17, 2012 @ 7:00 p.m.

              2.   Planning Commission- Thursday, February 2, 2012 @ 7:00 p.m.


XI.         Adjourn:

              Being no further business, the meeting adjourned at 8:03 p.m.


SUBMITTED BY:                                                   APPROVED BY:



_____________________________                _________________________________

Joan Beckman, Deputy Recorder                       John Emory, Chairman


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