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Home My WebLink AboutMiscellaneous Application 1984-01-17Janua-, L7 , 1984 (Appl icant)fson (Address )2524 N. 31st St. (Map & Tax Lot) ! _0.?_.r-e:3_-_1/.L? The above referenced agrpl'ication to al1ow a oR 97477 00 speci-al exception to the minimum area requirements of the AGT Zone District. I ldne ccunty has been: The deci s 1n ___ r4JOO_ decision is xx approved with the stipulations and conditions stated below. deni ed. th'is office (ccpy enclosed) in accordance10 The dec i s i on vri I I become fi nal on f ic'ia1 , via the Planning Division on or you, your representative, or any other ccordance wjth the provisions of Lane lecl wjtlr thjs office and nrust state how i1r:rl , you and the adjacent property ovrners vli I I be adv'iserl of the date , tinre and pl ace of the heari ng bef ore the Heari ngs 0fficial. George rin,Planner a(:cori)pani ed by ,r 5-- t9-5--0-0- f i f ing fee.*Your appeal must be 1 2 COIiD II I()IIS OI API)ROVAL Partition no. 08-84 sha1l be completed. This approval shall expire I/27186. 'ion prov unl was isi ESS ateri ba ns ap sed on the findings ofof Lane Code 10.350-wi th the Ll27 /84 o mp re that d erty owne o p e bef pro Cod the pea 1 ed to the l'{ea r j ngs 0f An appeal ntay be f iled by cted by the dec'is'ion in a* The appcal is to be fi crror. If .rn .rppea'l is f a I AIJ[. (.()t]fJI \ t,l ,,:,,t:,1':r; Iril lli',, i rl I ll)'rl-'ii :):l r,.',')i / t,.1:l,fAr 4ltU, Appl ication No. 10-84 C ( SUPPLEMENTAL FINDINGS The AGT district, LC i0.11O-42( I )(a), provides for the application of a Special Exception Eo Minimum Area Requirements in accordance with LC 10.350. By definition, hisEoric and present use, the AGT district is applied to lands generally in transistion from rural-suburban to urban uses. This district provides for parcels as small as 5 acres, where non-resource soils or land uses are present. I t further provides for residential uses when compatible with farm andf or forest uses. In this case the AGT district is used as a 'holding zone t , to prevent inappropriate development prior to the extention of urban services. The purpose of the Special Exception (LC 10.350-05) provides in part: "The Special Exception in Minimum Area Requirements is int-ended to provide a means for modifying such area requirements in cases where a strict adherence to them might cause unusual or undue hardship to a property owner." It al1ows for limited partitioning of Iand not suited for agricultural and forestry uses and protects nearby agricultural and forest 1ands. As al lowed by LC 10.550-10( 3), the applicant wishes to retain his long-t ime personal residence a nd par ti ti on Ehe remaining porLion due to a personal hardship of age. The applicant has owned the subject property since 1945. The applicant is a long-time resident of the property, with an established lifestyle. Relocation of the existing dwelling is not practical, and would be detrimental to the applicantrs well being given his age and heal th . Lane Code 10. 350-15 , Special ExcepLion Cri teria requires demonstration of t he following criteria: a ) Unusual need for the prantin of a S ecial Exception.D The applicant's age, 82, and health necessitate relief to the AGT minimum area requirements, as care of Lhe highly landscaped property is not possj b1e any That this need cannot longer. be satisfied in a suitable mannerb) under other procedures and provisions of Lane Code or Manuq!t except for those dealing with zone changes. No other sui table alternatives exist that would a1low the applicantrs request. A zone change from AGT to RA is not feasible at this Eime due to Lhe propertyrs proximity Lo Springfield City limits, intervening parcels and proper annexation configurations. A zone change poIentialJ y accelerate more int.ensive land use proposals in the area, where subsLanLial development could not be properly served. Additional, a zone change would be viewed as spoL zoning, in an area where medium sized suburban parcels exi.sts. (-( The applicant submits that this applicat ion is the most appropriate means available to provide relief to Ehe current hardship siLuation. The type, density and location of adjacenL and surrounding improvemenLs is such that the character of the neighborhood will not be subsLantially altered by the proposed one-ha1f area parcels. c)PreservaEion of Economic Land Units. The subject- properLy is not considered resoruce land as noEed previr;usly. Eve-n il t-ezoning and/or annexation was possible or imminent, it is likely this specific properEy would not be substantially re-divided beyond the proposal given the exotic park-1ike characLer of the site. The location. of the existing dwelling and improvements would not readily accommodate a density beyond two parcels. The site will provide 2 parcels of adequate s]-ze and configuration for development of dwelling and sanitation improvements. LC 10.350(2)(a)(i-u) are not applicable to this application as the site is non-resource oriented or capable, with no agricultural or forestry operations adjacent or within the immediate vicinit.y. The proposal is consistent with the overall land use pattern and density of the area. January 17 '984 Applicatiorr No. (Appl i cant) lane ccunty 10-84 Floyd Ellefson (Adcrres s) Ua -L-11:!- !!' '-!P f1d, oR 97477 (Map & Ta x Lot ) -L7 -02-L91:-3-/L?00 The above ref erenced appl i cat'ion to allow a special excepti-on to the minimum area requirements of the AGT Zone District. has been approved fop the property jndjcated above, subject to stipulat'ions l'isted below. Th'is decision was based on the f in (ioiry enclosed) in accordance wjth the prov'isions of Lane Code Accord i ng tb our recor"ds , your the subject property. If, in affects your pr0perty, you hav Offjcia1, via the Planning Div the approval wjll becotne final the cond'i t'ions and dings of this offjce 10 350-10 property is within a lega'l1y specjfied distance of your opinion, the granting of this request adversely e the right to appeal this action to the Hearingsjsjon. If not app ealed on or before Ll27/84 An appeal may be fjled by you, your representatjve, or any other prope impacted by the decision jn accordance with the provisions of Lane Cod The appeal is to be filed wjth thjs office and ntust state how the deci error. If an appeal js fj1ed, you and other adjacent property owners advjsed of the date, time, and placc of the hearing before the Hearing rty olvner e 14.500 sion is in w'il I be s 0ffic'ial * If you have any questions on this nratter please contact this offjce a _ -t_ George M*Your appeaI must Planner e accornpanied by ,r $_-_l9j.q0_ filing fee. ,' t) 1 2 CONDITIONS OF APPROVAL Partition no. 08-84 shall be completed. This approval shall expire l/27186. LANt (iOUNI r Pt Aill'rtN(r [)lVt',t(]t.,1 ( (,1i11r)i r:,1 t,t,lllt(. i,l lry11 1 l11,ilt)6,t(; /l:'t, I ll I lr A! t Nr rt- / t llcLNE, on 3/401 / lll)3t c8/ 4lt,r; 6l!r-- - F ,-"-'FrLE No.OO/C*, H.O uots;$ ) ilu:"Zone se LANE COUNTY ERAL LAND USE APPLICATION il}l[l0c ]llYlG DIRECTOR APPROVAL PartiEion: Preliminary Final Subdivlsion : Preliminary Final __-Cluster Subdivision : Prellminary Final .--_VarlanceSite Review _[Special Excepcion -__Hazard Check List _-Site Investigation Report Special Use Permlt Cond Pe Greenrf,ay' Temporary llse Permi ___- -_-Spe,, ia1 ttst. Permit PLANNING COMMISSION Request for Interpretation -__Planned Unit Development : Preliminary Final (appllcant I s option-highest fee plus $25.00 for each e k l/\llll FEE PAID Lzs* COMBINATION FEE additional application) . DATE SUBMITTED DATE RECEIVED I. APPLICANT AND OWNERSHIP IDENTI FICATION 1. Name of Applicant Malling Address_ st.-",[-=_--- --. 2. !"gef lnterest - Titleholder Agent rs Signature Agentrs Address Phone City Contract Purchaser zip Lessee Ot her 3. -S*i_gpe!:ures I (r're) have completed all the attached application requirements and certify thatall statements are true and accurate to the best of my (our) knowledge and belief.r (we) am also auEhorized to submit this application as evidenced by the signatureof the owner below. Ownerts Signature Date Date Phone LL p I1. PROPERTY I,OCATION Assc,ssor I s Map__ cize Tax Lot Tax Code Propcr:ty Address Road Statrrs - StaLe County Rd. Public Rd. Easement Abutting Property Owned Ma +-++-(acreage) Tax Lot(s) Present Use S truc tures Present Zoni Water Supply - Public Onsite l,Iells rCommunity Water System If Community Water System, please list name Sewage - Public System__(list name) Community Systern----._(list name) III. SCHEDULING Individual Onsite Report Available PUBLIC WORKS DEPARTMENT, COURTHOUSE.PSB IAE E 8TH LAND MANAGEMENT DIVISIc)N A\/E. EUGENE. OREGON 97401 Hrg. Date ilij \' hne counry,m rt-.- ACTI .iTY INFORMATION JHEET COMPLETE THIS SECTION. INCOMPLETE FORMS t.lILL BE REJECTED! EZJ- RTY E 2_A4-3 il- N Se,<r,vcrftaD, q,_Z4Z o<?ffi 7%-A54t ZIP CODE BUSINESS TELEPHONE # HOME TELEPHONE #BUSINESS TELEPHONE # 2. PROPERTY ADDRESS ( IF DIFFERENT F IL 3 ruae B PAFIcEL NLTMEIEFI ( REQUIRED INFORMATION) (from tax maps in Department of Assessment and Taxation or from tax statement) ,lqZA ZON I NG ffiIN-SE]P mm SEmmN TATL0T(S) oR P N ZONING TOINSH]P mm SmTI-oN TOTAL CONTIGUOUS PROPERTY IN SAME OWNERSHIP: ffi ZONING -r/ACRES 4 SUBDIVISI0N ('if appl icable)LOT BLOCK 5 REQUEST (state exactly what you plan to do)ffiCepna*) ruD PftEnv5p APPZI< 6 DIRECTIONS TO SITE:y'orzra A A4D N.</srsD ur D 3 D ust c0lJl{{Y " ** FOR STAFF USE ONLY ** TIME IN:_ 0UT:_ NUMBER DATE {7a BY: LAND MANAGEMENT DIVISION / 125 E. Bth AVE., EUGENE, OR 9740I / 687-4061 I ,i44pzY -/AYu< PERSON MAKING REQUEST Zoq Q, STRrpf MAILING ADDRESS 747--"6/S HOtr'TELEPHONE # /7 oZ r9-=,^ & lZOd mTNffiIP R;ANE SEEiIIfi ' @ Srr.C I AL EXCEPT I0N APPLICAT tur'l File No. (Complete by typing or printing; add additional pages if necessary.) I. APPLICANT AND OI,JNERSHIP iDENTIFICATiON (l) Name of APPIicant FloYd Ellef son Phone 7 47'76L5 Mail jng Addres 5 2524 N. 3l-st Street City SPringfield, OR /ip Code 97 477 (2) Legal Interest of Appl icant (checl.. orrer) : ti tleholder x ; contract purchaser ; lessee ; other (specify) (3)Name of Titleholder same as above P hone Ma jl jng Address_.-_ Ci ty___Zi p Code (4) Name of Contract Purchaser ('if any)Phone Mai I'ing Address____-_- Ci ty Zip Code (5) t^ljll a representative or agent assist Lhe applicant? I f yes ; Name _ Hagy_Iay}.._q1_Le"9 p_lgryiqg _C_opq_ql-t. Phone 7 ?S:3!23__ Add re s s__ __2 99__9 _E!ree! City t Springf,ield, oR Conunents In spec ted Adnr. Written Findings Appeal Received PC , -.*_ BCC Hear i ng e1e ,lnn Conference Rec 'd .Fee of $ I^lritten Findings Final 0rder HO, Written Findings 0rder of Intent {Oqeat Recej ved BCC Hearing Zi p Code e-1_!JJ*_ I File No. II. PROPERTY LOCATION (l ) Assessor trlap No. (Township, Range, Sectjon) anci Tax Lot (s) 111.62.tg,3 .3 * tZoo Tax Code No. 19-04 (2) Ai;tach Leqal Description. (3) Property Address 2524 N. 31st Street Zone AGf /U Ci ty Springfield, OR 97477 (4) Describe how to find the property:Southwest corner intersection N. 31st and Yolanda Streets, North Springfield area (5) Do you own any other property abutting or on the opposite side of a public road which is not 'included as a part oi- thi s appl icati on? YesNoxIfyes, identify the pr operty as follows: Assessor Map No. (Tor,n'rsmp, Rang e, Section)and Tax Lot(s) I i I. ADDI I-IONAL IN[ORMATION (l ) Size of subject property irr ao'es t1 acres Sjze of total contiguous ownership-fl acres-- Size of other property owned or leasEd-Tor sarne purpose (2) Access (rrame of road)I N. 31st and Yolanda Streets Road Status: Publ'i cx Pri va te Easement (3) Structures on the property one single family dwelling (4) Present use oi' the property:residenti-al (5) Physical features of the property:leveI, highly landscaped parcel Attach site plan/map identify'ing location of the following: existing and proposed structures and other improvements, existing and proposed access and roads, water supply and sewerage, dominant natural features and otherpertinint itenrs. 2 File No (6) How would natural hazards (flooding, unstable soils, high water table, etc.) be handled? not applicable (7)General description of properties in the vicinity. (Describe ownership sizes, improvements and uses.) P rC s t.35 to 5.7 acre ing-le Lamify- dwellings Descrihre obstacles to development that or--cur on or adjacent to the property' such as power easetnents, sloughs, terraces, adiacent uses, railroads, etc. (B) none p resent IV. SPECIAL EXCEPTION CRITERIA (l) If Special Exception is for a blood relative, detail farnr activities that the relative will Perform. not applicable J (2) not applicable Sp th If by F'ile No ec'ial Exception is for a blood relatjve, what farm activjt'ies w'ill be conductede present property owners? (3) (4) When was property acquired?1945 l,lhat is the unusual need for the Special Exception? Attach a doctor's expi anati on, if appropri ate. Applicant is single, 82 years old, and cannot care for entire parcel. Property is within Springfield Urban Growth Boundary, but outside of fu11 urban services. No other suitable l-and use alternative exists or is practical at this time. Arso see attached statement. (5) Explain why the propert.y chosen to be separated fronr present parcel will have theleast adverse affect on resource land and the surrounding deve'loprtrent. -PaEq-e-r-!a-b-e--gre-aEed--1q-sim_il-a,r in size and consi-stent i-n use and capabil r!y__!e__o_t_bef_p_AI_cs!q__irr_ !-Lre. -Vtqrn-it_y. _ _Na__Les-q_u.qce__r_e_!q!_e_q (6) l,'lill the proposed d'iv'is'ion encourage others jn the same area to also requestsimilardivision? no Why? ances presented are qenerally not common to other owners or a in th se that ma bes _rieguL_t-e_a_4_dividqal__ review against the same criteria . The scale of the proposal and impact to future land use within the neighborhood is insiqnificant. 4 acti.Li_L!.eg__qggu{_qqjgc-gnt__t_o_!lt"e_eglieg_t__pr_op_e_E!y,,=_ Fi le No. (7) How is the lot to be created compatible with farnr and forest uses? No farm or forest uses exist in the immediate vicinity. (B)Explain how the new lot does not interfere with farm or forestry practices on adjacent land. See 7 above (9) Explain how the new lot does not materially alter the overall land use patterns 'in the area. The existing land use pattern consists predominately of variable size suburban residential parcels from .35 acres to 5 acres, with most being between .5 and 2 acres. The proposal will not alter the established size and land use pattern of the area. See attachment 1 - Surrounding land use. (tO; Are the soils on the property predominantly capability classes I throug h IV? YCS If so, how would your proposal promote agriculture as the primary use? No, subject property j-s not suitable for farm/forest resource management due to small size, number and location of adjacent improvements. ('ll) If the soils of the property have a woodland suitability group of 1 through 5, how would your proposal promote forest uses? No, see 10 above 5 F'i I e No. V S IGNATURES I (we) have completed al1 appficat'ion requirements and certify that all statements are true and accurate to the best of my (our) knowledgJe and belief. I (we) recognize that errors or omissr'ons could result in de'lays, denial or cancellatjon or permits. I (we) am also authorized to submjt this appljcation as evidenced by the signature of the owner below. Agent's Signatur Date /Z-3o'A3 Owner' s Si gnature Date 17- /4 f S (0wner's signature js nqt necessary r'f the agent attaches an authorjzatjon for thjs appf icat'ion, signed by the property owner. ) -6- SUPPLEMENTAL FINDINGS The AGT dlstrict, LC 10.11O-42( i)(a), provides for rheapplication of a Special Exception to Minimum Area Requirements inaccordance with LC i0.350. By definition, hlstoric "r,d presentuse, the AGT district is applied to lands generally in transj-stionfrom rural-suburban to urban uses. This district p.orides forparcels as sma11 as 5 acres, where non-resource soils or land usesare present. It further provides for residential uses whencompatible wiLh farm andfor forest uses. In this case the AGTdistrict is used as a fholding zone', to prevent inappropriate development prior to the extention of urban services. The purpose of the Special Exceprion (LC 10.350-05) provides in part: "The Speclal Exception in Minimum Area Requirements isintended to provide a means for modlfying such area requirementsin cases where a strict adherence to them might cause unusual or undue hardship to a property owner.tt It a11ows for limitedpartitioning of land not suited for agricultural and forestry uses and protects nearby agricultural and forest 1ands. As allowed by LC 10.550-10( 3), the applicant wishes to retain his long-time personal residence and partition the remaining portlon due to a personal hardship of age. The applicant has owned the subject property since 1945. The applicant is a long-ti-me resident of the property, with an established lifestyle. Relocation of the existing dwelling is not practical, and would be detrimental to the applicanL's well being given his age and heal th . Lane Code 10.350-15, Special Exception Criteria requires demonstration of the following criteria: a) Unusual need for the granting of a Special Exception. The applicantrs ag€, 82, and health necessltate relief to the AGT minimum area requirements, as care of the highly landscaped property is not possible any b)That this need cannot longer. be satisfied in a suitable manner under other procedures and provisions of Lane Code or Manual, except for those deallns with zone chanqes. No other suitable alternatives exist that would a1low the applicantrs request. A zole change from AGT to RA is not feasible at this time due to the propertyrs proximity to Springfield City limits, intervening parcels and proper annexation configurations. A zone change potentially accelerate more intensive land use proposals in the area, where substantial development could not be properly served. Additional, a zone change would be viewed as spot zoning, in an area where medium sized suburban parcels exists. The applicant submits that this application is the mostappropriate means available to provide relief to the currenthardship situation. The type, density and location of adjacentand surrounding improvements is such that the character of theneighborhood will not be substantially altered by the proposedone-ha1f area parcels. c)Preservation of Economic Land Units. The subject property is not considered resoruce land as notedpreviously. Even if rezoning and/or annexation was possible orlmminent, it is 1ike1y this specific property would not besubstantially re-divided beyond the proposal given the exoticpark-1ike character of the site. The location of the existingdwelling and improvements would not readily accommodate a densitybeyond two parcels. The site will provlde 2 parcels of adequatesize and configuration for development of dwelling and sanitation improvements. LC 10.350(2)(a)(i-v) are not applicable to this appllcation as the site is non-resource oriented or capable, with no agricultural or forestry operations adjacent or within the immediate vicinity. The proposal is consistent with the overall land use pattern and density of the area. //-7 t v ez^ s €>41 tqo4,Vo>-L ?z /zz J-4-L A-74- bL% UAz q-.Lz_a- /?_O + A ozr:-t-t <-t ,4;^_ to-^a ??z/-n /q, l o Zq Z6 artez( o I /7e *-r7,z, laoari,LOO Q-Qra H, p4^AC(a /L/ ,2A-?z/r.L4ZqyZ tq Ciz / , 3) lL o J 752_+ z 3/4 +-, {*-.*-lJ-L/-/Cc d-v1_ fr, * dz /"..A*'7 /4%'.+ /L-a</iz4p CERTIFICATION OF },IAILING TiIIS IS TO CERTI}"Y that I Geo M. Currin served notlce of the administratlve decision rnade in the matter af a Spec ial Exception \-1 inltlared Floyd Ellefson: 10-84 by malllng a copy of the attached letter to each of the persons listed in the attsehed eheet, who appear as record ouners of real property that are wlthin 300 feet of the subJect property in the said letter, by placlng ln seal"ed envelopes addreesed to each of sald persons the above-mentloned letter, and deltvering sald envelopes to the Unlted States Post Office, Eugene MaLn, Lane County, Oregon on the lBrh of Jan.,1984 ELLEFS0N: 0B-84 Leroy & Mary Ann Dent 3090 Yolanda Spfld, OR 97477 Carl & M.J. Anderson 2550 N. 31st St- Spf1d,0R 97477 Kenneth & El1en Easton 3080 Yolanda Spfld, OR 97477 Anatol &J.C. Brashnyk 3070 Yolanda Spfld, OR 97477 Ronald & Susan Schiessl 3095 Yolanda Spfld, OR 97477 Arthur Warner 1430 Mohawk Blvd. Spfdl, OR 97477 Leon Keefe 2255 Laura St. Spfld, OR 97477 Leslie & E.A. Steffensen 2515 N. 31st St. Spf1d, OR 97477 Evert & Ruby Snyder 3083 Yolanda Spf1d, OR 97477 Lowell & Ne11ie Olean 3060 Yolanda Spf1d, OR 97477 Ruby Snyder 3083 Spfld , oR 974 Jessie 0rBrien 2525 N. 31st St. Spf1d, OR 97477 Floyd & Mabel Ellefson 2524 N. 31st St.Spfld,0R 97477 Land Planning Cons. 209 "Q" Street Spfld, OR 97417