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Home My WebLink AboutApplication Applicant 9/12/2024;City of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 Minor Variance i RINGFIELD Required ' • s • • r r •section) Applicant Name:Garreth MacDonald Phone 541-517-8085 Com any.CASCADE HEALTH CENTER Fax: Address: 115 W 8th Ave #200 Eugene OR Applicant's Re .:Don Sherman Phone P49-290-8042 Company: DON SHERMAN ASSOC Fax: Address: 1346 Echo Valley Dr Junction City OR ,e S h; dorm Property Owner: W L GI L4,p e, Tplhone:5' 11-2-31- •5 Company: ^' Fax: Address: $0 8t ov, ASSESSOR'S MAP NO: 17033513 TAX LOT NO(S):11500 Property Address: 344 8th St. Springfield OR Size of Property: -22 acres Acres ❑ Square Feet ❑ Descripti�� If u are filling in this form by hand, please attach your proposal description to this application. i arianceyoto convert lot to commercial zoning for Chiropractic medical offices. Increase Existing 116 ft Proposal measurement from closest commercial lot corner toll 9'- " ft. Applying fQr a Y-arignce increase of 3% in length. Existing Use:American Legion hall and church Numeric Standard to be Adjusted (see SDC 5.21-125 A. for standards that may be adjusted): numeric 3'-6" = 3.02% variance Percentage of Standard to be Adjusted: Si natures: Please si n and print your name and date in the appropriate box on the next JD2 e. Required •complete Associated A lications:Si ns: Case No.:U- 2, Date: C[[(242,4 Reviewed by: Application Fee: $ �O Technical Fee: $ Postage Fee: $ 2-03 TOTAL FEES: $ PROJECT NUMBER: Revised 2/25/11 1 of 4 AWNUIp6ign Verrtied - 58027b16-dbd0-4cec-a64d-6e7bff0ae3f4 Signatures The undersigned acknowledges that the information in this application is correct and accur� Applicant: �Authenfiswn' ar�et�Mac104 Preslkht _ Date: 09/03/24 Signature Owner: Garreth MacDonald, President Print If the applicant is not the owner, the owner hereby grants permission for the applicant to act in his/her behalf. /1/cck C1_�� Date: Signature Print Nick Gillaspie 09/03/24 Revised 2/25/11 2 of 4 DON SHERMAN ASSOCIATES 1346 ECHO VALLEY DR :: JUNCTION CITY OR PROJECT: 344 8T" STREET - SPRINGFIELD OR SUBJECT: MINOR VARIANCE NARRATIVE Subject property at 344 8th street (lot #10500) is currently zoned residential with the American Legion Hall building occupying the property. Proposal is to rezone property for commercial use and utilize building for a Chiropractic practice office. Application submittal for a MINOR VARIANCE to increase required zoning distance to closest commercially zoned property as follows: City requirement/codes determine that the majority of the building must be located within 100 feet (plus any public RIGHT OF WAY) of the closest commercial lot — that being lot #10300 located south and west down the shared alley. BUILDING AREA IS RECORDED at 3878 SF Shared alley is 16 feet wide plus 100 feet = 116 feet. Utilizing this formula, 44.3% (1720sf) of building is within this required distance - with the remaining 55.6% (2158sf) outside of this boundary requirement. Currently the building/lot does not meet commercial planning/zoning code requirements. Proposal is to apply for a MINOR VARIANCE to increase the 116 feet length measurement by 3'-6" (A 3.02% increase) to 119'-6". Utilizing this formula, 50.5% (1960sf) of the building is within the required distance - with the remaining 49.4% (1918sf) outside of new boundary. Thank you for your consideration, Don Sherman (applicant's rep) DON SHERMAN ASSOCIATES PROJECT:: 344 8T" STREET MINOR VARIANCE SUBJECT:: MINOR VARIANCE CALCULATION MATRIX REFERENCE POINT: NORTH EAST CORNER OF LOT 12300 LISTED AS THE CLOSEST COMMERCIAL PROPERTY TO ABOVE ADDRESS BASIS FOR MEASUREMENT: width of ROA (alley) 16 feet + 100 ft = 116'-0" BUILDING SQUARE FOOTAGE: 3878 SF BASED ON 116'-0" RADIUS MEASUREMENT BUILDING AREA WITHIN 11 6'RADIUS 1720 SF = 44.3% BUILDING AREA OUTSIDE 116' RADIUS 2158 SF = 55.6% BASED ON 119'-6" RADIUS MEASUREMENT BUILDING AREA WITHIN 119'-6" RADIUS 1960 SF = 50.5% BUILDING AREA OUTSIDE 119'-6" RADIUS 1918 SF = 49.4% Existing code 116'-0" + (3%) 3'-6" = 119'-6" Proposed radius 1 �........,, � . !`,itrt�►. :..�� rtk� • +Irk°•+�t�alr to IGRod,, by Aj"#*tA** 46 YI#t rqo# a" AWASS& "Z44t"I A _ *tom! +ice= •+M►+t +�y w�i *Pxi*IA hat ism*: -Tam Aaorwm of 00oft 60W)w## IOMOW4 #ww#tf ftgt jI4$`y k*% a Pow SAF toes 11"t of t" tavawtmput #uA ftw*r O _ . _ ** Stun, om 4 4 rs� to ost Nor* or It** to an alcor ani Not axed Asea Varou 1s #sA4 21fi iq 'his "a# 'JtoO to r#wtt i f$* &aVtf1 x19 100t 0000 ar ia*• to YrA Warts. %in# of otlld J19"I A.1~0 Xalat *, jowt to ..- to On# iRrtAr tm 4"m MOW * 1t . ,, ,.. t"w W# Mpfaw StO4 bw 4* +dream# of the 4ba" *#I^# the #h* oto" too #iao a# MWMA#*.. .g��, tom.-50-,.a@��iF � ma� sem,,} #&to M ids #wmo � *W" � � L iRiE I I .� O m' c f R.� In MMa z„ a .� A kJ. dry MINS WASOR"tea 74ow W4 OWN A&# ASP A# *am 4"NO" fAw WO" vu#wou, WAWrti* r4romana # a*#" MA wit* to 00 *k"*W 4"W" 0 *U"W im 414 Oft faggot #A* *ON* fooftwo ant a ^0 #k4w **W*K" #M *Wft #WIN# MW V*hWAWONO w Aw A4F* 404 Aqwm A -W 40 *of yew Aw #bar# wm0w f-0 itr 1w 004M A JR A ARX 911 Country Club Rd, Ste 320 • Eugene, OR 97401 260 Country Club Rd, Ste 120 • Eugene, OR 97401 Phone: 541.741.1981 a P.O. Box 10211 • Eugene, OR 97440 Fax: 541.741.0619 Phone: 541.687.9794 Fax: 541.687.0924 September 06, 2024 Order No. 24-28079 Evergreen t and Tnte C,7 Cwnpv . TITLE INSURANCE SERVICES • ESCROW CLOSINGS 3rd SUPPLEMENTAL TITLE REPORT Evergreen Land Title Company Estimated Premium for: 260 Country Club Road, Ste. 120 $525,000.00 Owners Policy $1,041.00 Eugene, OR 97401 Full Premium: $1,388.00 Re -Issue Credit: Attn: Jolene Stephenson $347.00 e-mail: jolene@evergreenlandtitle.com $419,000.00 Lenders Policy, (Extended) $590.00 Dear Jolene Stephenson: Full Premium: $1,544.00 Discount: $954.00 Endorsements (209.10-06, 222-06, 208.2-06, $1,057.00 218-06, 203.1, 218, 206, 228, 237, 66, 70) . $144,000.00 2nd Lender Policy, (Extended): $325.00 Full Premium: $728.00 Discount: $403.00 Endorsements: 209.10-06, 222-06, 208.2-06 $156.00 Gov't Service Fee $35.00 Breakout Fee: Evergreen Land Title - 89% Underwriter - 11 % TOTAL $3,204.00 UNDERWRITER: Doma Title Insurance, Inc. - 2021 ALTA POLICIES PROPOSED INSURED (1ST): UMPQUA BANK PROPOSED INSURED (2ND): LCOG We are prepared to issue on request and on recording of the appropriate documents, a policy or policies as applied for, with coverage's as indicated, based on this preliminary report. LEGAL DESCRIPTION: SEE EXHIBIT "A" ATTACHED HERETO Showing fee simple title as of August 30, 2024, at 8:00 a.m., vested in: SPRINGFIELD POST #40, THE AMERICAN LEGION, a Corporation Subject only to the exceptions shown herein and to the terms, conditions and exceptions contained in the policy form. No liability is assumed until a full premium has been paid. Order No.: 24-28079 Page 1 of 5 SCHEDULE B GENERAL EXCEPTIONS 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easement, not shown by the public records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or other facts which a correct survey would disclose. 5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the public records. CURRENT EXCEPTIONS: 6. Minerals of whatsoever kind, subsurface and surface substances, including but not limited to coal, lignite, oil, gas, uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not appearing in the Public Records or listed in Schedule B. The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed. 7. 2024-2025 Taxes, a lien not yet due or payable. 8. City Liens, if any, City of Springfield. A search has been requested and we will advise. 9. Declaration of Easements, including the terms and provisions thereof, by instrument Recorded December 26, 2019, Reception No. 2019-059363, Lane County Oregon Records. 10. Deed of Trust, including the terms and provisions thereof, executed by Springfield Post #40, the American Legion, as Grantor(s), to Arnold Gallagher PC, as Trustee, for the benefit of Jason R. Kennedy and Kimberly M. Kennedy, Trustees of the Kennedy Family Trust, dated October 1, 2023, as Beneficiary, Dated June 20, 2024, Recorded June 28, 2024, Reception No. 2024-018422, Official Records of Lane County Oregon, given to secure payment of a Note for $315,000.00. 11. A certified copy of the resolution authorizing the execution of the documents herein, and designating the parties authorized to execute said document to be insured should be furnished for examination, which resolution must be passed by the Board of Directors of Canusa Health Chiropractic, P.C. Order No.: 24-28079 Page 2 of 5 12. Any encroachments, unrecorded easements, violations of conditions, covenants and restrictions, and any other matters which would be disclosed by a correct survey. 13. Proof that there are no parties in possession, or claiming to be in other than above vestees. 14. Any statutory liens for labor or material, which have now gained or hereafter may gain over the lien of the insured mortgage, which liens do not now appear of record. The real property taxes for the fiscal year 2023-2024 are exempted by virtue of Fraternal ownership. The company assumes no liability should the exempt status be lifted and taxes levied. (Map No. 17-03-35-13-11500, Code 19-00, Account No. 0305217) NOTE: The address of the property to be insured herein is: 344 8th Street, Springfield, OR 97477. NOTE: A Judgment/Lien/Bankruptcy Search was done for the name(s) SPRINGFIELD POST #40, THE AMERICAN LEGION, A CORPORATION AND CANUSA HEALTH CHIROPRACTIC, P.C., and as of August 30, 2024, none were found. INFORMATIONAL NOTE: EVERGREEN LAND TITLE COMPANY FINDS NO NOTICE OF RESCISSION RECORDED IN THE LAST 24 MONTHS. NOTE: The following applicable recording fees will be charged by Lane County - First Page: $87.00 Each Additional Page $ 5.00 Non -Standard Document Fee $20.00 E -Recording Fee $ 5.00 INFORMATIONAL NOTE: The current vesting deed and all changes back to the deed which vests ownership 24 months ago are as follows: DECLARATION OF PROPERTY LINE ADJUSTMENT DEED RECORDED DECEMBER 26, 2019, RECEPTION NO. 2019-059362. WARRANTY DEED RECORDED MAY 6, 1955, FROM EDGAR R. FARNSWORTH AND MYRTLE FARNSWORTH, HUSBAND AND WIFE, TO SPRINGFIELD POST #40, THE AMERICAN LEGION, A CORPORATION, RECEPTION NO. 56126. WARRANTY DEED RECORDED JANUARY 25, 1945, FROM JOHN M. LARSEN AND VIOLET R. LARSEN, TO SPRINGFIELD POST NO. 40, THE AMERICAN LEGION, RECEPTION NO. 146210. Order No.: 24-28079 Page 3 of 5 NOTE: Due to current conflicts or potential conflicts between state and federal law, which conflicts may extend to local law, regarding marijuana, if the transaction to be insured involves property which is currently used or is to be used in connection with a marijuana enterprise, including but not limited to the cultivation, storage, distribution, transport, manufacture, or sale of marijuana and/or products containing marijuana, the Company declines to close or insure the transaction, and this Preliminary Title Report shall automatically be considered null and void and of no force and effect. NOTE: SUPPLEMENTED TO ADD ADDITIONAL ENDORSEMENT. Very truly yours, EVERGREEN LAND TITLE COMPANY HOME OFFICE Andrew Rollins Title Officer cc: Hybrid Real Estate Re/Max Integrity Umpqua Bank NO LIABILITY IS ASSUMED HEREUNDER UNTIL POLICY IS ISSUED AND PREMIUM PAID. IF FOR ANY REASON THE REPORT IS CANCELLED, A MINIMUM CANCELLATION FEE OF $200.00 WILL BE CHARGED. Order No.: 24-28079 Page 4 of 5 EXHIBIT "A" LEGAL DESCRIPTION All of the lands described in that certain Warranty Deed recorded on January 25, 1945, at Book 282 Page 66-7 in the Lane County Oregon Official Records. ALSO, the South 34.26 feet, by perpendicular measurement, of the lands described in that certain Warranty Deed recorded on May 6, 1955, as Instrument 56126 on Reel 5855D in the Lane County Oregon Official Records. Order No.: 24-28079 Page 5 of 5 A6 911 Country Club Rd, Ste 320 • Eugene, OR 97401 260 Country Club Rd, Ste 120 • Eugene, OR 97401 Phone: 541.741.1981 P.O. Box 10211 • Eugene, OR 97440 Fax: 541.741.0619 Phone: 541.687.9794 Fax: 541.687.0924 September 05, 2024 Order No. 24-28079 verreen Lard 'ntte 9 Compory TITLE INSURANCE SERVICES • ESCROW CLOSINGS 2nd SUPPLEMENTAL TITLE REPORT Evergreen Land Title Company Estimated Premium for: 260 Country Club Road, Ste. 120 $525,000.00 Owners Policy $1,041.00 Eugene, OR 97401 Full Premium: $1,388.00 Re -Issue Credit: Attn: Jolene Stephenson $347.00 e-mail: jolene@evergreenlandtitle.com $419,000.00 Lenders Policy, (Extended) $590.00 Dear Jolene Stephenson: Full Premium: $1,544.00 Discount: $954.00 Endorsements (209.10-06, 222-06, 208.2-06, $817.00 218-06, 203.1, 218, 206, 228, 237, 66) $144,000.00 2nd Lender Policy, (Extended): $325.00 Full Premium: $728.00 Discount: $403.00 Endorsements: 209.10-06, 222-06, 208.2-06 $156.00 Gov't Service Fee $35.00 Breakout Fee: Evergreen Land Title - 89% Underwriter - 11% TOTAL $2,964.00 UNDERWRITER: Doma Title Insurance, Inc. - 2021 ALTA POLICIES PROPOSED INSURED (1ST): UMPQUA BANK PROPOSED INSURED (2ND): LCOG We are prepared to issue on request and on recording of the appropriate documents, a policy or policies as applied for, with coverage's as indicated, based on this preliminary report. LEGAL DESCRIPTION: SEE EXHIBIT "A" ATTACHED HERETO Showing fee simple title as of August 30, 2024, at 8:00 a.m., vested in: SPRINGFIELD POST #40, THE AMERICAN LEGION, a Corporation Subject only to the exceptions shown herein and to the terms, conditions and exceptions contained in the policy form. No liability is assumed until a full premium has been paid. Order No.: 24-28079 Page 1 of 5 SCHEDULE B GENERAL EXCEPTIONS 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easement, not shown by the public records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or other facts which a correct survey would disclose. 5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the public records. CURRENT EXCEPTIONS: 6. Minerals of whatsoever kind, subsurface and surface substances, including but not limited to coal, lignite, oil, gas, uranium, clay, rock, sand and gravel in, on, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto, whether or not appearing in the Public Records or listed in Schedule B. The Company makes no representation as to the present ownership of any such interests. There may be leases, grants, exceptions or reservations of interests that are not listed. 7. 2024-2025 Taxes, a lien not yet due or payable. 8. City Liens, if any, City of Springfield. A search has been requested and we will advise. 9. Declaration of Easements, including the terms and provisions thereof, by instrument Recorded December 26, 2019, Reception No. 2019-059363, Lane County Oregon Records. 10. Deed of Trust, including the terms and provisions thereof, executed by Springfield Post #40, the American Legion, as Grantor(s), to Arnold Gallagher PC, as Trustee, for the benefit of Jason R. Kennedy and Kimberly M. Kennedy, Trustees of the Kennedy Family Trust, dated October 1, 2023, as Beneficiary, Dated June 20, 2024, Recorded June 28, 2024, Reception No. 2024-018422, Official Records of Lane County Oregon, given to secure payment of a Note for $315,000.00. 11. A certified copy of the resolution authorizing the execution of the documents herein, and designating the parties authorized to execute said document to be insured should be furnished for examination, which resolution must be passed by the Board of Directors of Canusa Health Chiropractic, P.C. Order No.: 24-28079 Page 2 of 5 12. Any encroachments, unrecorded easements, violations of conditions, covenants and restrictions, and any other matters which would be disclosed by a correct survey. 13. Proof that there are no parties in possession, or claiming to be in other than above vestees. 14. Any statutory liens for labor or material, which have now gained or hereafter may gain over the lien of the insured mortgage, which liens do not now appear of record. The real property taxes for the fiscal year 2023-2024 are exempted by virtue of Fraternal ownership. The company assumes no liability should the exempt status be lifted and taxes levied. (Map No. 17-03-35-13-11500, Code 19-00, Account No. 0305217) NOTE: The address of the property to be insured herein is: 344 8th Street, Springfield, OR 97477. NOTE: A Judgment/Lien/Bankruptcy Search was done for the name(s) SPRINGFIELD POST #40, THE AMERICAN LEGION, A CORPORATION AND CANUSA HEALTH CHIROPRACTIC, P.C., and as of August 30, 2024, none were found. INFORMATIONAL NOTE: EVERGREEN LAND TITLE COMPANY FINDS NO NOTICE OF RESCISSION RECORDED IN THE LAST 24 MONTHS. NOTE: The following applicable recording fees will be charged by Lane County: First Page: $87.00 Each Additional Page $ 5.00 Non -Standard Document Fee $20.00 E -Recording Fee $ 5.00 INFORMATIONAL NOTE: The current vesting deed and all changes back to the deed which vests ownership 24 months ago are as follows: DECLARATION OF PROPERTY LINE ADJUSTMENT DEED RECORDED DECEMBER 26, 2019, RECEPTION NO. 2019-059362. WARRANTY DEED RECORDED MAY 6, 1955, FROM EDGAR R. FARNSWORTH AND MYRTLE FARNSWORTH, HUSBAND AND WIFE, TO SPRINGFIELD POST #40, THE AMERICAN LEGION, A CORPORATION, RECEPTION NO. 56126. WARRANTY DEED RECORDED JANUARY 25, 1945, FROM JOHN M. LARSEN AND VIOLET R. LARSEN, TO SPRINGFIELD POST NO. 40, THE AMERICAN LEGION, RECEPTION NO. 146210. Order No.: 24-28079 Page 3 of 5 NOTE: Due to current conflicts or potential conflicts between state and federal law, which conflicts may extend to local law, regarding marijuana, if the transaction to be insured involves property which is currently used or is to be used in connection with a marijuana enterprise, including but not limited to the cultivation, storage, distribution, transport, manufacture, or sale of marijuana and/or products containing marijuana, the Company declines to close or insure the transaction, and this Preliminary Title Report shall automatically be considered null and void and of no force and effect. NOTE: SUPPLEMENTED TO BRING CURRENT AND ADD ADDITIONAL ENDORSEMENTS. Very truly yours, EVERGREEN LAND TITLE COMPANY HOME OFFICE Andrew Rollins Title Officer cc: Hybrid Real Estate Re/Max Integrity Umpqua Bank NO LIABILITY IS ASSUMED HEREUNDER UNTIL POLICY IS ISSUED AND PREMIUM PAID. IF FOR ANY REASON THE REPORT IS CANCELLED, A MINIMUM CANCELLATION FEE OF $200.00 WILL BE CHARGED. Order No.: 24-28079 Page 4 of 5 EXHIBIT "A" LEGAL DESCRIPTION All of the lands described in that certain Warranty Deed recorded on January 25, 1945, at Book 282 Page 66-7 in the Lane County Oregon Official Records. ALSO, the South 34.26 feet, by perpendicular measurement, of the lands described in that certain Warranty Deed recorded on May 6, 1955, as Instrument 56126 on Reel 5855D in the Lane County Oregon Official Records. Order No.: 24-28079 Page 5 of 5