City grants permit over residents opposition
Despite strong objections from nearby residents, the city of Medford Planning Commission on Monday approved on a 42 vote a conditional use permit to allow the construction of two duplexes on a lot at the north end of 9th St. with access through a private easement to the intersection of Impala and Malibu Drives in the Northeast corner of the city.
Commission members Molly Knoll, Kris Brandner, Luke Dixon, and Mayor Mike Wellner were in favor and Steve Mayer and Peggy Kraschnewski were opposed. Member Dave Zimmerman abstained from voting because he is property owner in that area. Conditional use permits only require action at the planning commission level.
The conditional use permit will allow the developer, Joe Strama, to begin foundation work yet this fall. One of the planned duplexes will be similar to the one he recently built on a previously vacant parcel at the corner of Park Ave. and Conrad Dr. According to Strama, the second duplex will be slightly smaller.
“I am not building junk,” Strama said during the public hearing held Monday evening before the planning commission vote. “I don’t want it to be invasive,” he said, noting that his clientele are seeking feeling being in a neighborhood rather than being in a complex.
Like many communities, the city of Medford has zoning in place which sets down rules for how property in that area can be used such as for single family, multi-family, commercial or industrial use areas.
When Rogers Addition, which includes from this parcel south to Allman St., was annexed to the city, it was done so as commercial use since it was initially developed for the assisted living facility located at the south end of the property along Allman St. The initial plans at the time it was platted had been to develop 9th St. as a connecting road from Allman St. north to Ann’s Way. However, there is a significant low area in the middle of that stretch which would make road construction there costly to the point that the idea of developing it as a city street was shelved indefinitely. Utilities were extended to the area as part of the east side sewer interceptor project. Eventually it was decided to offer the adjoining property owners along Malbu Dr. the option to purchase the lots behind their properties. In addition, Chuck Gelhause had purchase and gotten rezoned for single family residential use parcels on the east side of the undeveloped 9th St. access to the lots on the north end of the undeveloped street is through a private easement with Todd Waldhart.
Throughout all the land transfers, the See COMMISSION on page 4 lot Strama wants to build on is currently zoned for commercial use. While residences can be built in commercial areas, they require a conditional use permit to do so.
There would be nothing that would prohibit the lot being developed for a commercial use. Strama drew attention to this fact during the public hearing noting he was committed to the property and that he would not need any conditional use permit to build an Air BnB there, or small eight-unit motel. He said he has been in contact with the hospital and other businesses that bring visiting professionals into the community and said there is a demand for higher end places for people like that to stay while here.
“That is not what I want to do,” he said, noting that he would prefer to build duplexes geared toward retirees. He said he has clientele who want to downsize from their homes and go into these sorts of duplexes and he wants to meet their needs.
He said he wants to do more in the city of Medford, but that there is another lot available in the city. When asked by commission member Knoll, Strama said he is currently getting $2,100 a month in rent for each of the duplex units on Conrad Dr.
The majority of those who spoke at Monday’s meeting were strongly opposed to the planned duplexes or other development of that lot.
Kathy Cypher gave lengthy testimony voicing her concerns. She and her husband, Al, within the past few years built a home directly across the undeveloped road from the parcel set to be developed.
They said when they built there, it was with the knowledge that the city would not maintain the road or the access driveway across the Waldhart property and it would be their responsibility to do so. Other parcels that have built accessing that road and driveway easement have signed on with similar agreement.
“We wanted to be in a single family neighborhood,” Cypher said about why they chose to go on the north end of 9th St. versus the section by Allman St. She said the undeveloped road is too rough for anything but ATVs and UTVs to go through, and references a U.S. Postal Service driver becoming stuck when attempting to access the road.
Cypher expressed concern about the addition of two duplexes to the area. She said this could result in eight additional vehicles traveling on the road, in addition there would be delivery vehicles and visitors that would increase traffic. She worried about there only being one narrow, 20-foot-wide access point to Mailbu Dr.
A major point of confusion and concern for residents regarding the project was that the initial letter sent out by city planner Bob Christensen inviting nearby residents to a public hearing contained information from an entirely unrelated project and said it would include rezoning for multi-family use and the development of four duplexes rather than two. A follow up letter from city coordinator Joe Harris clarified that it was for a conditional use permit to allow two duplexes to be built there.
Cypher questioned why the parcel was zoned commercial when it was clearly in a residential area, and asked if there were longterm plans to connect it from Walmart to Allman St.
Cypher expressed concern about the additional traffic that would be caused from development. She said they spend hundred of thousands of dollars to build their new home and expressed concern about what having the duplexes in the neighborhood would do to property values as well as increasing the maintenance cost of the road and questioned that if the road would eventually need to be paved, who would be responsible for that cost. “Do we get assessed for curb and gutter costs?” Cypher asked.
She questioned why the city would want to make the change to benefit a developer over the residents who live in the area.
“There needs to be transparency and guardrails in place to protect property owners,” Cypher said, suggesting there are more appropriate lots to have duplexes.
Zimmerman gave an overview of how that parcel ended up remaining commercially zoned, describing it as having been missed. Attorney Greg Krug, who attended the meeting representing some of the property owners, raised concern about the access noting that the 20 foot easement is all there is for access. He noted that 20 feet is like an alley size. He said things would have to be done to make it usable for the purpose that the developer wants to use if for.
“I think it is logical that it be developed for what was intended,” Krug said, referencing the single family home in the area.
Gwen Willkomm of 880 Malibu Dr. also spoke against granting a conditional use permit. Her garage’s driveway accesses onto the driveway easement and she raised concern about the impact additional traffic would have there with increases in traffic, noise and dust She said the cost of any improvements to the road should be on the developer and likewise questioned the potential impact to property values in the neighborhood.
Resident Jeff Mueller of 870 Malibu Dr. also spoke against the change siting similar concerns about increasing traffic in the area from development and access. He asked what the city’s plan was for the street.
Resident Rich Burghaus was the only resident at the meeting who spoke in support of the project. Burghaus noted that until the city put in the sewer interceptor, which opened the area to development, there had been a sewer lift station there where city crews were doing work just about every week. He said the residents needed to take into account the entire area noting there are apartments at the corner of Impala and Hwy 13 to the west and at the corner of Malibu and Allman St. to the south. He noted the area has grown in development in the decades he has lived there and said that he feels traffic is better now than it was in the past. He also noted that the target clients for the property are retirees who are also looking for a nice place to live in a quiet neighborhood.
As far as access, Burghaus, who is a retired Medford Police Officer, said he felt that 20 feet wide was plenty for the access to the area. He said he would much rather see a couple duplexes there than a restaurant, hotel or gas station, all of which would be allowed on a commercial lot.
Following the hearing, the commission met to make a decision. It was noted that Zimmerman would be abstaining form the vote. However, the question was raised if Brandner should also be required to abstain since Todd Waldhart is married to her husband’s sister.
City attorney Courtney Graff was at the meeting and cited the statute for conflict of interest under state statute 19.59 (c) (1) which bars officials from taking actions “substantially affecting a matter in which the official, a member of his or her immediate family, or an organization with which the official is associated has a substantial financial interest.”
Brandner stated she has no financial interest in her inlaws property.
Zimmerman also questioned the petition for a conditional use permit itself, noting that Todd Waldhart signed, but Waldhart’s wife had not. “Shouldn’t her signature be on that also?” he asked.
“I assume he has the legal authority to bring that forward,” Graff replied.
In discussion, Knoll noted the planning commission has approved other lots like this in the city. She said she needed to do what she felt was best for the city and made the motion to approve the conditional use permit.
Mayor Wellner said there is a need for more housing of all different kinds in the city. He said the city is pretty much closed in as far as opportunities to grow and defended the city working with developers such as Strama who are looking to build what he described as nice apartments.
“Everybody is in favor until it happens close to them,” Wellner said.
Existing homeowners along the north portion of 9th St. in Medford expressed concern that the privately maintained easement driveway would not be able to handle the additional traffic from two duplexes planned for the currently wooded lot north of the access driveway (wooded area in the right of the photo). The lot is zoned for commercial use, a holdover from when the area was annexed into the city with the Rogers Addition. BRIAN WILSON/THE STAR NEWS
Rich Burghaus
Dave Zimmerman
Attorney Greg Krug
Joe Strama
