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Home My WebLink AboutPermit Miscellaneous 1999-5-4 ~j \. . .. - . =+\~ NOTICE OF DECISION. LOT LINE ADJUSTMENT Date of Letter Journal Number May 4,1999 1999-02-0043 Lot Line Adj. (1999-03-0075 Vacation PUE) (1998-05-0108 Lot Line Adj.) Aaalicant Survevor . Dave Collier/E.G.R.. & Assoc. 2535 B Prairie Road Eugene, OR 97402 Dave Collier ' 2535 B' Prairie Road Eugene, OR 97402 Proaertv Owner Proaertv Owner Vern Benson , 940 Hwy 99 N " Eugene, OR 97402 William M. Shipley :978 Rainbow Drive , . Springfield, OR 97477, pescriation of Proaosal , The Lot Line Adjustment application proposes to move the eastern lot line of Liberty Subdivision Lot # 9 approximately 14.00 feet to the west into Lot # 9. Backaround/Site Information q 5CS 1: s\()J'ld --.. ---- - ~_.- - - -~'-- ,-------- The properties involved are located, at955JslandStreet (Lot # 9) and 978 l3ilinbow 8rive (Lot # 2) within the City of Springfield. The lots are zoned Low Density Residential (LOR) on the City of Springfield Zoning Map and designated LOR on the Metropolitan Plan, The Liberty Subdivision was platted in 1979. Lot # 2 is identified on Assessor's Map 17-03-34-21 TL 1000. Lot # 9 is identified on Assessor's Map 17.03.34-21 and is part of TL 1200. There was an associated Lot Line Adjustment approved in May of 1998 (Jo. No.1998-05-0108), which moved the southern property line of Lot # 9 to the south approximately 17.8 feet. Also, there was an associated Vacation application 1999-03-0075 initiated by the City to vacate a 5' PUE on the southerly property line of Liberty Subdivision Lot #9 known as 955 Island Street found on Assessor's Map 17-03-34-21 Tax Lot 1200, which was approved by City Council on May 3, 1999. Decision Preliminary Plan Approval, with conditions, as of the date of this letter. When the conditions attached to this request have been met, Final Mao Aooroval will be granted. Preliminary Plan Approval expires 90 days from the date of this letter. Other Uses Authorized bv the Decision None. . . Criteria of AoorovallRef. Section 33.030 of the Sorinofield Develooment Code\ The application shall be approved, approved with conditions, or denied based on compliance with the criteria of Section 33.030 of the Springfield Development Code. Staff shall develop findings of fact demonstrating that the lot line adjustment does not: (1) CREATE A NEW LOT OR LAND-LOCKED PARCEL; The proposal is to adjust the interior property line common to Liberty Subdivision Lot # 9 and Liberty Subdivision Lot # 2. Both lots will now abut Liberty Subdivision Lot # 10. Lot # 9 has frontage on Island Street and Lot # 2 has frontage on Rainbow Drive. This lot line adjustment will not affect access to pUblic rights-of-way or create a new lot. FINDING: This proposal does not create any additional lots or land-locked parcels because the lots are pre-existing and maintain frontage on public streets, therefore this criterion has been met. ,., . ". (2) REDUCE AN EXISTING LOT BELoWniE MINIMUM DIMENSIONS ESTABLISHED BY THE APPLICABLE ZONING DISTRICT OR OTHERWISE VIOLATE STANDARDS OF THIS CODE, OR STRUCTURAL SPECIALTY AND LIFE SAFETY CODE STANDARDS; All property involved is zoned Low Density Residential and is subject to frontage and lot size standards of Article 16. 'SDC 16.030, Lot Size Standards. The minimum lot size In all residential districts shall be as follows: 2. Lots orinorth-6outh streets shall have a minimum Ic:itslze of 5,000 square feeUnd a minimum lot frontage of 60 feet" ' " ',' , ' Liberty Subdivision LOT # 9: The area of Lot # 9 will be reduced to approximately 7,890 square feet after adjustment of the side (east) property line approximately 14.00 feet to the west. Thislot has frontage on Island Street (north-south street). The frontage on Island Street is approximately 80 linear feet. 'Liberty Subdivision LOT # 2: The area of Lot # 2 will be increased to approximately 8,497 square feet. This lot has frontage on Rainbow Drive, The frontage on Rainbow Drive is approximately 70 linear feet. FINDING: Both the proposed lots exceed the minimum dimensional and frontage standards of SDC 16.030; therefore, this criterion has been met. (3) IMPEDE THE IMPLEMENTATION OF ADOPTED TRANSPORTATION OR PUBLIC FACILITIES PLANS OR APPROVED CONCEPTUAL DEVELOPMENT PLANS; The two properties are within City limits. The properties have not been identified on adopted transportation plans for future road development. There was a 5' Public Utility Easement (PUE) on the southern portion of Liberty Subdivision Lot # 9. The dwelling unit on Lot # 9 was built upon the PUE. The City initiated a Vacation Jo. No. 1999-03-0075 to vacate this unused PUE. FINDING: Staff finds that granting development approval to these properlies will not impede implementation of City transporlation. The lot line adjustment in May of 1998 over-looked the 5' PUE that was located under the existing dwelling unit on Lot # 9. The City initiated a Vacation PUE Jo. No. 1999-03-0075. At a public hearing and second reading the City Council approved vacation of this PUE on May 3, 1999. fl' ~ '~ x. ~ .;' '\ -I '.~ .... '..' . . (4) VIOLATE ANY PREVIOUS REQUIREMENTS OR CONDITIONS THE APPROVAL AUTHORITY MAY HAVE IMPOSED AT A PRIOR PUBLIC HEARING OR MEETING; AND The proposed adjustment of Liberty Subdivision Lots # 9 and #2 will not violate any requirements or conditions imposed at the time of prior public hearing or meetings. FINFING: This criterion has been met because the proposal does not violate any requirements or conditions imposed at any prior public hearing or meeting. (5) REDESIGN OR RECONFIGURE LOTS WITHIN A SUBDIVISION BY A SERIES OF LOT LINE ADJUSTMENTS. LOT LINE ADJUSTMENTS WHICH CREATE TWO LOTS FROM THREE LOTS SHALL NOT BE CONSIDERED A REDESIGN OR RECONFIGURATION OF LOTS. The lots involved are within a platted subdivision; however, this proposed adjustment will not redesign the lot configurations. FINDING: The Lot Line Adjustment daes nat redesign ar recanfigure lats within a subdivisian because lot lilies are being moved to redistribute backyard areas of existing lots and no other changes are proposed. Conclusion:, Considering these findings of fact, staff finds the Lot Line Adjustment complies with the criteria of Article 33, Section 33.030 of the Springfield Development Code and recommends approval of the application with the conditions specified below: . What needs to be done bv the ailDlicant t~ obtain final aDDroval?, The following conditions are , required to be campleted within ,90 days o.f the date of this leller: ' , " '" , , '. Condition 1) The applicant must provide new legal descriptians of each tax lot. The Springfield Develapment Code requires that a surveyar set new property pins and create new legal descriptions. Condition 2) A Final Map must be prepared by an Oregan Registered Surveyar ar Engineer which meets the Lane County Surveya~s standards far a land survey. This map shall include the revised lat dimensions and the following language: . ' "FINAL MAP- THIS LOT LINE ADJUSTMENT MODIFIES LIBERTY SUBDIVISION LOTS # 9 AND # 2, LANE COUNTY ASSESSOR'S MAP # 17-03-34-21 TAX LOTS 1000 AND A PORTION OF 1200..." The applicant has 90 days to file a revised Final Map with the Lane County Surveyor's Office and return a filed copy to the City of Springfield Planning Division with any documents required as a condition af approval. A Final Approval Notice will be issued within 5 days of required final submittal to complete the process. No other Development Approval, including Building Permits, will be issued until the Final Approval Notice has been issued. ADDeals: This Lat Line Adjustment request is considered a decision af the Directar and as such may be appealed to the Planning Commissian. An appeal may be filed by an affected party with the Develapment Services Department within 10 calendar days of the date of that decision. The appeal must be submitted on forms supplied by the City in accordance with SDC Article 15 - Appeals; and be accompanied by a $250.00 fee, refundable if the appeal is upheld. Questions: Please call Kitti Gale in the Development Services Department at (541) 726-3632 if yau have questions regarding this process. 3