Hi,
We had a meeting with Jeff Marson, Senior; his son (not Jeff Jr. I think his name is Tyler…He didn’t give me a business card), Marson’s electrician. We spoke about the light poles, and new crushed concrete on a portion of a site they own. Here is a general layout of the work they have completed. Below that is the enforcement email I sent to the group after our meeting. Tyler Smith (the attorney on the message I forwarded you) is responding to the enforcement e-mail. He told me that his client is not planning to “use the property” now and, therefore, won’t be submitting any applications that I required in my enforcement email (i.e. Conditional Use and Site Design Review).
Gerald and I spoke yesterday and believe that they need to make application if they want to keep those unpermitted light poles (even though they aren’t planning to install lights on them yet). The main reason for this is that all primary outdoor uses require a Conditional Use Permit. In addition, the light poles qualify as “new development” in the Site Design Review applicability section.
I plan to call the attorney to alert him of this requirement/allow him to ask questions. If we don’t hear a response within a week or so, we will kick out an enforcement letter. DH: You may get a call about this because it’s one of those things that attorneys would find “fuzzy.” Why does an unpermitted light pole need a Site Design Review, if no lights are installed yet? The reason is that anyone go to Clackamas County Building and obtain an Electrical Permit without checking with us first. Secondly, the Conditional Use Permit and Site Design Review are all about protecting livability. This site is right across 7th Street from residentially property zoned R-2.
Let me know if you have comments, feedback, direction on this. I will likely reach out to the attorney this afternoon.
Alice
From: Alice Cannon
Sent: Wednesday, June 3, 2020 4:44 PM
To: 'fullhouse@molalla.net' <fullhouse@molalla.net>; 'marson2000@hotmail.com' <marson2000@hotmail.com>
Cc: Dan Zinder <dzinder@cityofmolalla.com>; Sam Miller <smiller@cityofmolalla.com>; Gerald Fisher <gfisher@cityofmolalla.com>
Subject: Molalla Development Code sections you requested in our meeting yesterday
Good afternoon Mr. Marson and Mr. Shirley:
In our meeting yesterday, you asked for applicable code sections. I have also added a couple more standards that apply to this site.
- * Allowed Uses -- the placement of new lighting to support unenclosed activities likely triggers the need for a Conditional Use Permit.
- * Table 17-2.2-.030
- * Site Design Review
- * Some “Definitions” of terms we spoke about yesterday
- * Lighting standards
