HomeMy WebLinkAboutNotice PLANNER 5/1/2013 (2) AFFIDAVIT OF SERVICE
STATE OF OREGON }
} ss.
County of Lane }
I, Brenda Jones, being first duly sworn, do hereby depose and say as follows:
1. I state that I am a Management Support Specialist for the Planning Division
of the Development Services Department, City of Springfield, Oregon.
2. I state that in my capacity as Management Support Specialist, I prepared
and caused to be mailed copies of Notice of Decision re: TYP113-000005
Type I Property Lien Adjustment for Alan and George Cornell and Kory
A. Ellsworth (See attachment "A") on May 1, 2013 addressed to (see
Attachment "B"), by causing said letters to be placed in a U.S. mail box with
postage fully prepaid thereon.
L / t
Brenda Jones
Management Support Specialist
STATE OF OREGON, County of Lane
J" 1 1V-I 31 , 2013 Personally appeared the above named Brenda Jones,
Management Support Specialist, who acknowledged the foregoing instrument to be their
voluntary act. Before me:
OFFICIAL SEAL
as=
ry; KATHRYN E REEDER
�.J NOTARY PUBLIC-OREGON
COMMISSION NO. 443126 My Commission Expires: \DI LII 13
MY COMMISSION EXPIRES OCT 4,2013
Date Received: 5 J
Planner: LM
•
•
•
•
SPRINOFIfD
•
TYPE I PROPERTY LINE ADJUSTMENT
STAFF REPORT & DECISION
alp
Project Name: Comeil/Ellsworth Property Line Adjustment
Nature of Application: Proposal to adjust the common property line between two Low Density
Residentially zoned properties 9.87 feet north of the current location. The current location of the property
line runs through the home on the south property. This proposal also includes a Variance for the north lot
(application TYP213-00006)for the reduction of lot size and frontage caused by this Property Line
Adjustment. •
Case Number: TYP113-00005
Project Location: 275&285 South 38th Street, Springfield,Oregon
Map&Tax Lots 17-02-31-41 03500& 03600
Current Site Conditions: The site is located on the north east corner of South 38th Street and Oregon
Avenue. The home to the south has encroached on the common property line since its construction. South
38th Street is an asphalt mat street and Oregon Avenue is improved with curb,gutter and sidewalk on the
north side. Lot 3500 contains a single family residence with a square footage of 1,092 square feet. Lot
3600 contains a single family residence with 1,190 square feet and a 120 square foot shed.
Zoning: Low Density Residential (LDR)
Metro Plan Designation: LDR
Refinement Plan Designation: Mid-Springfield Refinement Plan—Low Density Residential
Zoning of Surrounding Properties: Low Density Residential to the North, South,East and West
Associated Applications: TYP213-00006
Application Submitted Date: April 3,2013
Decision Issued Date: May 1,2013
Recommendation: Approval, with conditions. •
Property Owner 1: Property Owner 2:
Alan and George Cornell Kory A.Ellsworth
275 S.381i Street 285 S.38th Street
Springfield,OR 97478 Springfield,OR 97478
Applicant: Applicant's Representative:
Cassie K.Jones,Attorney at Law Larry B. Olson
Gleaves Swearingen LLP . Olson&Morris •
975 Oak Street,Suite 800 380 Q Street,Suite 200
Eugene,OR 97401 Springfield,OR 97477
1
Date Received:5 (3
Planner: LM .
•
TYP113-00005 Property Line Adjustment • 1
• •
Development Review:
Liz Miller Planning Division (541)726-2301
John Driscoll Surveying Division (541)726-3679
Clayton McEachem Engineering Division (541)736-1036
Gilbert Gordon Fire&Life Safety (541)726-2293
Chris Carpenter Building Division (541)744-4153
Michael Liebler Transportation Division (541)736-1034
Yan Seiner SUB Water (541)736-2333
Bryan Brewster SUB Electric (541)744-3784
Applicant's Proposed Property Line Adjustnient:
.s9 enn St9'u74F if ezaY I - U
not (—aw .., ...,,, r I I • R ROCK s •
�' A[NW t77 b I IC s
� $ d '
waif. . xiaC A. . . . .at
a I !
nemc, ner s¢ versa'
I ANN taw I aaor • I
E K .-4/ (;,.... ,,, te.:., .
rj ti
saE 1,021 .•
• _ I I
—s.1ar at— rayo:
,� I , SaarI: P. B = I I
1, e x B r aD-WI sr
• i \ AEtwtaa P I — .
t '/ o\ � arc rdar
\ p,ar I -_ .•4.1711'
/ — — �• 4
j}� pewter ta4a0•� p
•
•
• MAW LOT LIE
NAIUST D LOT LIE
DECISION: Preliminary Survey Approval as of the date of this letter. The standards of the
Springfield Development Code(SDC)applicable to each criterion of Property Line Adjustment Approval
are listed herein and are satisfied by the submitted plans and notes unless specifically noted with findings
and conditions necessary for compliance. The FINAL SURVEY SUBMITTAL MUST CONFORM TO
THE SUBMITTED PLANS AS CONDITIONED HEREIN. This is a limited land use decision made
according to City code and state statutes, and there is ho provision for appeal pursuant to SDC 5.1-125.C.
•
Date Received: 511 1,3
TYP113-00005 Property Line Adjustment Planner: LM 2
DESCRIPTION: This Property Line Adjustment proposes moving a common property line between lots
shown on map 17023141 lots 3500 and 3600 referred to by the applicant as Parcel 1 and Parcel 2
respectively. The house and shed constructed on Parcel 2 encroaches 6.36 feet onto Parcel 1. The purpose
of the Property Lines Adjustment is to move the property line north 9.87 feet which includes the 6.36 feet
of structure with an additional 3.51 feet for setback to the property line.
CRITERIA OF PROPERTY LINE ADJUSTMENT APPROVAL:
SDC 5.16-125 states that the Director shall approve or approve with conditions a Property Line Adjustment
application upon determining that criteria A through F of this Section have been satisfied.
A. The Property Line Adjustment shall not create a new lot or parcel.
Finding:The property line adjustment does not create a new lot or parcel. The proposed
property line adjustment is intended to modify the common boundary between two
adjoining parcels. There is no net increase or decrease in the number of affected legal parcels.
Conclusion: The proposal satisfies Criterion A.
B. The Property Line Adjustment shall not create a landlocked lot or parcel.
Finding: Parcel 2 is a corner lot with street frontage along Oregon Avenue and South 38th
Street. Parcel 1 fronts on South 38th Street. There will be a reduction in frontage of 9.87 feet
to this property although 52.13 feet will remain. This proposal does not create a landlocked
lot or parcel.
Conclusion: The proposal satisfies Criterion B.
C. The property line adjustment shall not reduce an existing lot or parcel below the
minimum lot size standard or reduce'setbacks below the minimum established by the
applicable zoning districts in the Code.
•
Finding: In accordance with SDC 3.2-215, the minimum size for corner parcels in the LDR
District is 6,000 square feet with at least 45 feet of street frontage on an east-west street and 60
feet of frontage on a north-south street.
Finding: Currently Parcel 2,the corner parcel,has only 2,626 square feet and the frontage of
the property is currently 35 feet.
Finding: The deed lists a dedication of property to the City of Springfield in 1977 on both the
south and west sides of the property. 25 feet of property was dedicated on both sides along
the street frontages. .
Finding: Parcel 2 is a pre-existing non-conforming lot due to prior dedication of property.
Finding: The lot size of Parcel 2 shall be increased by 790 square feet to 3,416 square feet.The
frontage along Oregon Avenue will remain the same and the frontage along South 38th Street
will be increased by 9.87 feet.
Finding: The home on Parcel 2 encroaches over the north property line 6.36 feet onto Parcel
1. The shed on Parcel 2 encroaches 6.24 feet unto Parcel 1.
Finding: Per SDC 3.2-215 the minimum interior yard setback is 5 feet for the home and 3 feet
for the shed.
Date Received:. 5 ( 113
Planner: LM
TYP113-00005 Property Line Adjustment 3
•
•
Finding: The property line adjustment will increase the setback to 3.51 feet for the home and
3.63 feet for the shed.
Finding: Although the home setback for Parcel 2 does not met the minimum 5 foot setback it
doesn't reduce the setback but increases it to the minimum required by the Oregon
Residential Specialty Code.
Finding: In accordance with SDC 3.2-215, the minimum parcel size for parcels on a north-
south street is 5,000 square feet with a minimum street frontage of 60 feet.
Finding: The property line adjustment reduces the lot size of Parcel 1 from 4,962 square Met
to 4,172 square feet,which is below the minimum required lot size.
Finding: The property line adjustment reduces the lot frontage from 62 feet to 52.13 feet,
below the required 60 feet of frontage.
Finding: A Minor Variance(TYP213-00006)was approved allowing a 17 percent reduction in
lot size and a 14 percent reduction in lot frontage for Parcel 1.
Conclusion: In consideration of the Minor Variance this criteria has been met.
D. The property line adjustment shall not violate any previous conditions the Approval
Authority may have imposed on the lots or parcels involved in the application.
Finding: There are no known previous conditions imposed on the lots involved in this
application.
Conclusion: This proposal satisfies Criteria D.
E. The property line adjustment shall not detrimentally alter the availability of existing
public and/or private utilities to each lot or parcel in the application or to abutting lots
or parcels.
Finding: SDC 5.16-120,Property Line Adjustment Submittal Requirements,Section A.10.
states,"The format of the Preliminary Survey and the data to be shown shall include the
location of all public and private easements and utility lines within or crossing the
lots/parcels."
Finding: The applicant did show any easements or utility lines on the Preliminary Survey. •
Finding: City of Springfield records research shows a 5 foot public utility easement on the
south portion of Parcel 2. No public utility easements were found along South 38th Street
frontage.
Finding: The Springfield Utility Board Water Division has advised that a the Property Line
Adjustment will result in a portion of the water service for Parcel 1 being on Parcel 2 and that
the owner may request SUB relocate the water meter at the owner's expense.
Finding: The Springfield Utility Board Electric Division has commented that a minor
adjustment to the overhead service is needed and that they will make this adjustment at no
expense to the owner.
Date Received: I-) ( ( / 13
Planner LM
TYP113-00005 Property Line Adjustment 4
•
•
I
N
2
•
M
N
5 foot easement on Parcel 2 along
Oregon Avenue
•
N
OREGON AVE
Condition: Provide detail of the utility lines, including sewer,water and electric,in the area
of adjustment between the two properties. If the lines serving the northern property(Parcel
1) are within the area being adjusted and granted to the southern property(Parcel 2) the lines
shall be contained within a private easement or relocated.
Note: Springfield Utility Board Contacts-Electric -Bryan Brewster at 541-744-3784,Water-
Yan Seiner at 541-744-7348
Conclusion: As conditioned, the proposal satisfies Criteria E.
F. The property line adjustment shall not increase the degree of non-conformity of each
lot,parcel or structure that is non-conforming at the time of application.
Finding: There are currently several non-conforming items concerning both parcels. They
include non-conforming lot size for both Parcel 1 and Parcel 2,non-conforming lot frontage
for Parcel 2 and setbacks for Parcel 1 on the north interior side setback and parcel 2 along the
south street sideyard setback. Also non-conforming is the interior north setback for the
home and shed.
Date Received:_5
Planner: LM
TYP113-00005 Property Line Adjustment 5
• •
Finding: The only current non-conformity that will be increased will be the lot size of Parcel
1. The current size of the lot is 4,962 square feet and the resulting lot size will be 4,172 square
feet. Minimum lot size for a lot on a north-south street is 5,000 square feet per SDC 3.2-215.
Finding: A Minor Variance has been approved (TYP213-00006)for a 17 percent reduction in
•
lot size for parcel 1.
Conclusion: The proposal, together with the approved Minor Variance,satisfies criteria F.
•
CONCLUSION: Considering these findings of fact,staff finds the Property Line Adjustment
complies with the criteria of SDC 5.16-125 and approves the application subject to the condition
listed below.
CONDITIONS OF APPROVAL:
• 1. Provide detail of the utility lines,including sewer,water and electric,in the area of
adjustment between the two properties. If the lines serving the northern property
(Parcel 1) are within the area being adjusted and granted to the southern property
(Parcel 2) the lines shall be contained within a private easement or relocated.
2. Revise the submitted Declaration of Property Line Adjustment/Bargain and Sale Deed
• Exhibits A through D. These descriptions refer to property in the Adams Plat
Subdivision instead of the Douglas Gardens Subdivision.
SDC 5.16-140-FINAL SURVEY SUBMITTAL,COMPLIANCE WITH CONDITIONS OF
APPROVAL AND RECORDATION OF DOCUMENTS
A. A Final survey shall be prepared,stamped and signed by an Oregon registered Land
Surveyor in accordance with ORS 92.010(7)(b),ORS 92.060(3) and ORS 209.250.
B. One copy of the Final Survey shall be delivered to the Development Services Department
together with any conditioned documents.
C. Once the Director and the City Surveyor have certified that all conditions listed under
• Preliminary Survey approval have been met, the Final Survey may be recorded at the
Lane County Surveyor's Office.
D. The owners of the lots included in the application shall record with Lane County Deeds
and Records Property Line Adjustment deeds,as specified in ORS 92.190(4). The
Property Line Adjustment deeds shall contain the names of the parties,the description of
the adjusted line,reference to the original recorded documents,and signatures of all
parties with proper acknowledgement. The Property Line Adjustment deeds also shall
identify the Planning file number and shall contain a statement declaring that the
purpose of the deed is for a Property Line Adjustment. Reference to the affected
properties by map and tax lot number shall be in addition to reference by legal
description. In the case of Serial Property Line Adjustments processed under Type II
procedure,each Property Line Adjustment deed for the lots or parcels in the series shall
be recorded separately, in the sequence of City approval.
E. A copy of the recorded Final Survey and deeds shall be delivered to the Development
and Public Works Department together with any recorded documents that may have
been required as a condition of approval.
Date Received. 3 it le
Planner: LM
TYP113-00005 Property Line Adjustment 6
SDC 5.16-145- EXPIRATION OF APPROVAL
•
The Property Line Adjustment shall become null and void if:
A. The Final Survey and any condition of approval have not been submitted to the City
in a complete for with 90 days of the date of Preliminary Approval(i.e.by August 1,
2013);or
B. The Final Survey is not submitted to the Lane County Surveyor within 30 days of the
City approval;or
C. The Property Line Adjustment deed or other conditioned documents have not been
recorded with Lane County Deeds and Records with the Final Survey.
Additional Information: The application,all documents,and evidence relied upon by the
applicant,and the applicable criteria of approval are available for free inspection and copies are
available for a fee at the Development and Public Works Department,225 Fifth Street,
Springfield,Oregon.
Questions: Please call Liz Miller in the Current Development Division at(541)726-2301 or email
]miller @springfield-or.gov if you have questions regarding this process.
•
Prepared By:
Liz Miller •
Planner •
•
•
•
•
• Date Received:
I
Planner: LM
TYP113-00005 Property Line Adjustment 7
•
• •
z
w
• h
1. 0 d � ae
-
W W
i ILO 4x
• ZWCOO _• U
` LL 2 LO J r. n
W }, p1
CO [n N W 5 L as
I
O Z Z L L2'
}} O ++ O
I 12 a _ N
C Ua - Nt -0
• O � +-> .—
t. J `. W OJ N
J • M .
W
3
• G VI c
i in S-
s . O CO O.
I Y N N
i
I II
Date Received: S ti i ( 3
1 Planner: LM
• . •
. _
<
LLJ
) 2 < w l
d f 2 ]
) § � ® O
) 0m ]
; E = t4 } cl-
; � ) � g )
i o & � z - .
)
5 ƒ
) � 0 Cl)
/ 0 > § � (
I D% �ced: IS
Planner: L
•
U •
L I--
Z
w
• 5 •
0 ¢
- W w n o
Li. 0 0> - 00
7 CDuOI__ CC
- Z w000 - _J 131
U t p J r
i a
CC Q 4] J - CO
• w W in w Q) V) r-1 .
LL 0 N LL 1, 0 0
C3
" z Z Q) 100 11C- -W Ol N.
a-
1 W E 0 J S- Q)
3 2 W 0 r0 (1)
4 N N O
Y
Q) N Y ^
3 p r L > O C
N O t0 Q)
u) +) Q) LC) 0)
Ii .1 Y r I-- = -
U Q 0 CI W
5 ,
Date Received:5 i I
Planner: LM
• •
- x
t F a
w
I
n Q -
cC
LL O C" $
�. U U) O z • CO
Z v
CC >. w p L
2 t J O 4-3 Ol
• (J) WCOW W 1 it cu• O N O of N 0
Lu 0 N
W
2 a e a) r -a
1• V a cn ;, . c7 m
0 pre) •r
W C 4-
f it W N a'
•
fp tD i
5
Date Received: I I (i
Planner: LM
n