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HomeMy WebLinkAboutApplication Applicant 1/4/2024Written Narrative for Property Line Adjustment SSW Job No. 23-8082 PAGE 1 of 3 Property Line Adjustment For: Devin Morgan Map 17-03-35-23, Tax Lots 3100 and 3200 (52 E Street) Springfield, Lane County, Oregon WRITTEN NARRATIVE FOR PROPERTY LINE ADJUSTMENT Purpose: This Property Line Adjustment Application proposes to adjust the location of the existing property line common to Tax Lot 3100 (Property 1) and Tax Lot 3200 (Property 2) of Lane County Assessor’s Map 17-03-35-23. The purpose of the adjustment is to increase the area of Property 1, and to decrease the area of Property 2. Property 1 has frontage on an improved portion of E Street and is currently vacant and undeveloped. Property 2 has an existing house and garage, and has frontage on an improved portion of E Street, and frontage on an unimproved portion of 1st Street. Both properties are currently zoned R-3 High Density Residential, and are both designated as High Density Residential per the current Eugene-Springfield Metropolitan Area General Plan. This written narrative will discuss how this request is consistent with the property line adjustment approval criteria contained in Section 5.16 - 125 of the Springfield Development Code (SDC). Approval criteria are shown in italics, followed by a statement addressing each criterion. APPROVAL CRITERIA Springfield Development Code, Chapter 5 Section 5.16 - 125 5.16.125 Criteria The Director shall approve, approve with conditions, or deny the Property Line Adjustment application. Approval or approval with conditions shall be based on compliance with the following criteria. The Property line Adjustment shall not: A. Create a new lot/parcel; The proposed property line adjustment will not create a new lot or parcel. B. Create a landlocked lot/parcel; The proposed property line adjustment will not create a landlocked lot or parcel. Following the proposed adjustment, Property 1 will continue to have access available from its frontage on E Street and the adjacent public alley on the North, and Property 2 will continue to take access from its frontage on E Street and its frontage on 1st Street. Written Narrative for Property Line Adjustment SSW Job No. 23-8082 PAGE 2 of 3 C. Reduce an existing lot/parcel below the minimum size standard or reduce setbacks below the minimum established by the applicable zoning districts in this Code; The area of Property 1 will be increased to 5,273 square feet and Property 2 will be reduced to 5,415 square feet. There are no minimum lot sizes listed in SDC Table 3.2.215 for vacant or single unit dwelling lots in the R-3 zone. There are no applicable lot width/depth/frontage requirements listed in SDC Table 3.2.215 for lots in the R-3 zone. No structures currently exist within Property 1, therefore no building setbacks are affected by the proposed adjustment with respect to Property 1. The existing house on Property 2 exceeds the minimum 10 foot front yard setback, and will exceed the minimum 5 foot side yard and minimum 10 foot rear yard setbacks after the proposed property line adjustment. The existing garage on Property 2 will exceed the minimum 10 foot rear yard setback after the proposed property line adjustment. The existing garage is non-conforming with the 18 foot setback from the front of the garage to the property line. This non-conformity will not be rendered more non-conforming as a result of the proposed property line adjustment. Therefore, in consideration of the above findings, the proposed adjustment will not reduce an existing lot/parcel below the minimum size standards or reduce setbacks below the minimum established by the residential zoning district base zone development standards in the Springfield Development Code. D. Violate any previous conditions the Approval Authority may have imposed on the lots/parcels involved in the application; To the best of our knowledge, neither of the subject parcels are subject to any other previously imposed conditions of approval. Therefore, the proposed adjustment will not violate any previously imposed conditions of approval. E. Detrimentally alter the availability of existing public and/or private utilities to each lot/parcel in the application or to abutting lots/parcels; or The proposed adjustment will not detrimentally alter the availability of any utilities to any of the subject or adjacent properties. Following the proposed adjustment, utilities to serve Property 1 will continue to be available from within the E Street public street right-of-way and the adjacent public alley on the North. Utilities to serve Property 2 will continue to be available from within the E Street public street right-of- way, the 1st Street public right-of-way, and the adjacent public alley on the North. F. Increase the degree of non-conformity of each lot, parcel or structure that is non- conforming at the time of application. No aspect of Property 1 is non-conforming in regard to applicable development code requirements. The existing garage setback of Property 2 is non-conforming as noted above, but is not being rendered more non-conforming as a result of the proposed property line adjustment. Written Narrative for Property Line Adjustment SSW Job No. 23-8082 PAGE 3 of 3 NOTE REGARDING EASEMENTS Per Cascade Title Company Status of Record Title Report No. CT-0342106, there are no public or private easements that affect either of the subject properties. PREPARED BY: SSW Engineers Inc. Michael R. Dahrens, PLS Produced using RLID (www.rlid.org) on 08/21/2023 at 9:48 AM Produced using RLID (www.rlid.org) on 08/21/2023 at 9:48 AM Produced using RLID (www.rlid.org) on 08/21/2023 at 9:48 AM MAIN OFFICE 811 WILLAMETTE ST. EUGENE, OREGON 97401 PH: (541) 687-2233 * FAX: (541)485-0307 FLORENCE OFFICE 715 HWY 101 * FLORENCE, OREGON 97439 MAILING: PO BOX 508 * FLORENCE, OREGON 97439 PH: (541) 997-8417 * FAX: (541)997-8246 VILLAGE PLAZA OFFICE 4750 VILLAGE PLAZA LOOP SUITE 100 EUGENE, OREGON 97401 PH: (541) 653-8622 * FAX: (541) 844-1626 STATUS OF RECORD TITLE REPORT SSW ENGINEERS INC. Date: DECEMBER 28, 2023 ATTN: JASON GOSHERT Our No: CT-0342106 2350 OAKMONT WAY, SUITE 105 Your No: -- EUGENE, OR 97401 Charge: $300.00 As requested, Cascade Title Co. has searched our tract indices as to the following described real property: ( A T T A C H E D ) and as of: DECEMBER 11, 2023 at 8:00 A.M., we find the following: Vestee: DEVIN L. MORGAN Said property is subject to the following on record matters: 1. Taxes, Account No. 0310241, Assessor's Map No. 17 03 35 2 3, #3100, Code 19-00, 2023-2024, in the amount of $404.00, DUE PLUS INTEREST. NOTE: Taxes, Account No. 0310258, Assessor's Map No. 17 03 35 2 3, #3200, Code 19-00, 2023-2024, in the amount of $1,542.19, PAID IN FULL. 2. City liens, if any, as levied by the City of Springfield, for which no search was made. (Please inform us if a search is to be made.) 3. Rights of the public in and to any portion lying within streets, roads and highways. 4. Deed of Trust, including the terms and provisions thereof, executed by Devin L. Morgan, Grantor, to First American Title Insurance Company, Trustee, for the benefit of Mortgage Electronic Registration Systems, Inc., (MERS) acting solely as a nominee for CMG Mortgage Inc., DBA CMG Financial, Beneficiary, dated February 24, 2021, recorded March 1, 2021, Reception No. 2021-014012, Lane County Deeds and Records, to secure payment of a note in the amount of $202,300.00. 5. A re-recording of Warranty Deed recorded March 1, 2021, Reception No. 2021-014011, is needed to correct the legal description of Parcel II. NOTE: The property address as shown on the Assessor's Roll is: 52 E Street Springfield, OR 97477 *0342106* Order No. 0342106 Page 2 This report is to be utilized for information only. This report is not to be used as a basis for transferring, encumbering or foreclosing the real property described. The liability of Cascade Title Co. is limited to the addressee and shall not exceed the premium paid hereunder. CASCADE TITLE CO., by: rh: Title Officer: DEBBIE KNUDSEN Order No. 0342106 Page 3 PROPERTY DESCRIPTION PARCEL I: Commencing at the Southeast corner of Block 95 in the SPRINGFIELD INVESTMENT AND POWER COMPANY’S ADDITION, as platted and recorded in Book 25, Pages 306 and 307, Lane County Oregon Plat Records; and running thence West along the North line of E Street a distance of 55.0 feet; thence North 117 feet, more or less, to the South line of the alley running East and West through the said Block 95; thence East along the South line of said alley 55.0 feet to the East line of said Block 95; thence South along the East line of said Block 95 a distance of 117 feet, more or less, to the place of beginning, in Springfield, Lane County, Oregon. PARCEL II: Beginning at a point 55.0 feet West from the Southeast corner of Block 95 in the SPRINGFIELD INVESTMENT AND POWER COMPANY’S ADDITION, as platted and recorded in Book 25, Page 306 and 307, Lane County Oregon Plat Records; and running thence West along the North line of E Street a distance of 35.0 feet; thence North 117 feet, more or less, to the South line of the alley running East and West through the said Block 95; thence East along the South line of said alley 35.0 feet; thence South a distance of 117 feet, more or less, to the place of beginning, in Springfield, Lane County, Oregon. MAP NO. 17-03-35-23 THIS MAP/PLAT IS BEING FURNISHED AS AN AID IN LOCATING THE HEREIN DESCRIBED LAND IN RELATION TO ADJOINING STREETS, NATURAL BOUNDARIES AND OTHER LAND, AND IS NOT A SURVEY OF THE LAND DEPICTED. EXCEPT TO THE EXTENT A POLICY OF TITLE INSURANCE IS EXPRESSLY MODIFIED BY ENDORSEMENT, IF ANY, THE COMPANY DOES NOT INSURE DIMENSIONS, DISTANCES, LOCATION OF EASEMENTS, ACREAGE OR OTHER MATTERS SHOWN THEREON.