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HomeMy WebLinkAboutPermit Miscellaneous 1989-1-26 , ----/- "- ,,;j' , . . DATE OF LETTER January 26, 1989 APPLICANT OWNER Ronald E. Nichols P.O. Box 714 Springfield, Oregon 97477 John Skillern 3115 Braeman Village Eugene, Oregon 97405 SUBJECT Partition of property located at r4~and 1501 A&B North A S~reet in Springfield, Oregon (Journal Number 89~01~02). ~ DECISION The partition request for the above mentioned property has been granted PRELIMINARY PLAN APPROVAL as of the date of this letter. The applicant will have up to one year from the date of this letter to meet any attached conditions or Development LOde standardS to oDtaln ~lnal Map Approval. The Final Map needs to be submitted to the planning and Building Department along with legal descriptions of the new parcels and any other required legal documents. The Director must certify that all conditions or Development Code standards listed under Preliminary Plan Approval have been met prior to Final Map Approval and Development Approval, i.e., before a building pennit may be issued or property transferred. Please refer to the attached "Findings of Fact" (See Attachment A). PRELIMINARY PLAN APPROVAL ~ CONOITIONS l. The Final Map (survey) and legal descriptions need to be consistent with the Variance approved (Journal Number 88-12-200). A 5 foot setback is required from the west property line to the existing dwelling on Parcel 2. 2. The Final Map needS to show the location of the existing curb cut and driveway tor t'arce I 1. 3. Parcel 2 needs to be provided with a 16 foot wide curb cut and 18 foot deep driveway which provides off-street parking for proposed Parcel 2. The new curb cut and driveway need to be shown on the Final Map. . . . "'-, 4. The dwelling units need to be to be plainly visible and property. provided with addresses in such a position as legible from the street or road fronting the 5. Written verification that the electricity and water to the existing dwellings are provided with individual services. FINAL MAP AND DEVELOPMENT APPROVAL In order to obtain Final Map and Development Approval the following conditions or standards need to be complete prior to January 26. 1990: 1. Two copies of the Final Map incorporating any conditions of Preliminary Plan Approval. 2. The legal descriptions of the new parcels. 3. A signed Statement of Water Rights form. This form has been enclosed for your use. This form needS to be filled out. signed. notarized by a Notary Public and taken to Lane County Deeds and Records and recorded. All recording costs are the responsibility of the applicant. Once recorded the form needs to be submitted to the Planning and Building Department. 4. Within six (6) months of the date of Final Map and Development Approval the curb cut and driveway must be installed on Parcel 2 and approved. APPEAL If you wish to appeal the decision of Partition Preliminary Plan Approval. you must dO so within 10 days of the date of this letter. Your appeal must be in accordance with the ~pr'ngt'eld Uevelopment ~ode. Article 15. APPEALS. If you have any questions concerning this application, please contact Development COde Administrator Greg Mott at your convenience. Cordially, Cynthia L. Harmon Development Permit Coordinator copy to: DRC Members , ~~. . . FINDINGS OF FACT (ATTACHMENT A) Background Three dwelling units exist on Assessor's map 17~03~36~32 Tax Lot 02400. The applicant (based on financing requirements) stated his need to partition the property, separating the single family dwelling from the duplex. . A Variance application was submitted for the purpose of allowing a reduction to the minimum residential lot size on 12-16-88 (Journal Number 88-12-2DO). The Variance Application was approved on 12-28-88. No appeal was filed and the Variance is Final. A Partition application was submitted on 1-13-89. The application was accepted by staff on 1-17-89. On 1-19-89 adjacent owner/occupants were sent notice of this Type II application. On 1-24~89, the Development Review Committee (DRC) reviewed this request. On 1-26-89, the DRC held a pUblic meeting to discuss the proposal with the applicant, the property owner and adjacent noticed property owner/occupants. Mr. Nichols attended this meeting. There were no noticed property owner/occupants in attendance. The DRC recommended that the Director of the Planning and Building Department grant Preliminary Approval. Criteria of Approval Section 34.050 of the Springfield Development COde states: The Director shall approve, approve with conditions or deny the request based upon the following criteria: (1) THE REQUEST AS CONDITIONED FUllY CONFORMS WITH THE REQUIREMENTS OF THIS CODE AND THE METRO PLAN, ESPECIALLY REGARDING THE EFFICIENT USE OF URBAN AND URBANIZABLE lAND, THE EFFICIENT PROVISION OF PUBLIC FACILITIES AND SERVICES, AND CONSIDERATION OF NATURAL FEATURES IDENTIFIED IN METRO PLAN INVENTORIES. The zoning of the property is High Density Residential. The Metro Plan Designation is Low Density Residential. A statement of water rights form is a condition of approval to be met at the time of Final Map and Development Approval. There are no identifiea Metro Plan inventoried natural features on this property. . . " The parcels are served with a full range of key urban services. The existing dwelling units are serviced by separate sanitary sewer. Prior to Final Approval the applicant shall provide verification of a separate water and electrical service to each parcel. The Non-Conforming rear yard setback of Parcel 1 is not affected by this request. All provisions of Article 5 Non~Conforming Uses of the Springfield Development Code remain in full force and effect. (2) THE FUTURE USE FOR URBAN PURPOSES OF THE REMAINDER OF THE PROPERTY UNDER THE SAME OWNERSHIP SHALL NOT BE IMPEDED. The property is developed to its full potential based on existing the Metro Plan Designation. (3) THE DEVELOPMENT OF NEIGHBORING PROPERTIES OR ACCESS TO THOSE PROPERTIES SHAll NOT BE IMPEDED. The partition has no affect on the development of or access to neighboring properties. All adjacent properties have been developed. Preliminary Plan Approval and Required Conditions The Director has determined that the preliminary plan satisfies the requirements of the Springfield Development Code and that conditions are necessary to satisfy the requirements of this COde or the Metro Plan. Section 34.070 of the Springfield Development COde states: All proposed partitions shall meet the pubic and private improvement standards of Article 32, PUBLIC AND PRIVATE IMPROVEMENTS. (Only those items marked [X] apply.) [X] SENATE BILL 142 REWROTE SECTIONS OF ORS 92.044 AND 92.120 TO REQUIRE SUBMISSION OF A STATEMENT OF WATER RIGHTS PRIOR TO THE FILING OF ANY PLAN, PLAT OR REPlAT OF A SUBDIVISION, NOT SUBJECT TO THE REQUIREMENTS OF ORS 92.110; AS WELL AS ANY PARTITION. THIS BECAME EFFECTIVE ON JANUARY I, 1988. The statement of water rights form needS to be completed and recorded at lane County Deeds and Records.