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Yamhill planning hearing on unpermitted patio at 360 S. Olive continued to Dec. 15
Summary
The Planning Commission continued a public hearing on Variance 25-03 for a 1,008 sq ft covered patio built without a permit at 360 S. Olive Street, asking the applicants to submit written background by Dec. 1 so staff can prepare a new report for the Dec. 15 meeting.
The Yamhill Planning Commission on Nov. (date in transcript) continued a public hearing on Variance 25-03 after hearing staff analysis and testimony from the applicant.
Walt, the contract city planner, told the commission the property at 360 South Olive Street contains an existing storage building in an R-3 zone and that the applicant seeks approval to retain a 1,008-square-foot covered patio on the building’s west side. Walt said the structure was built without a building permit and that under the city’s development code an applicant must meet six variance criteria; he told commissioners he did not find the application currently meets those criteria and said the case presented a difficult decision.
Applicant John Gregor told the commission he purchased the split lot around 2019, used the structure for storage and for a single event, and acknowledged he built the patio without applying for the required permits. Gregor said he had attempted to get guidance from city and county staff and described frustration with unclear direction. “I made a mistake,” Gregor said, and asked for a path forward short of tearing the patio down.
Several commissioners pressed staff and the applicant on technical matters including the patio’s dimensions, whether a dwelling had previously existed on the lot, and options short of a variance such as pursuing a zone change. Walt said a zone change (for example to C-1) is possible but would require amendments to the zone and comp plan maps and city council approval. Walt recommended the commission continue the hearing to allow the applicant to provide written documentation and to give staff time to prepare a revised staff report.
A commissioner moved to close the public hearing and continue it to the Planning Commission’s Dec. 15 meeting with a Dec. 1 deadline for the applicant to submit written materials; the motion was seconded and the commission approved the continuance. Mary Gardner is recorded as the second on the motion (SEG 1232). The commission asked staff to prepare a new staff report for the December meeting.
Next steps: the hearing is continued to Dec. 15. The commission advised the applicant to contact staff for assistance and to supply written background by Dec. 1 so staff can assess whether the variance criteria can be met.
Plain-language note: the variance was not approved or denied at the Nov. meeting; the continuance preserves options for the applicant and gives staff and commissioners additional documentation before a final decision.
