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HomeMy WebLinkAboutNotice PLANNER 12/10/2008 "I C1 wvJ4vLtL , . , , RECEIVED AFFIDAVIT OF SERVICE DEe 1 G Z008 BY:~H OJ ~ STATE OF OREGON) )ss. County of Lane ) I, Karen LaFleur, being first duly sworn, do hereby depose and say as follows: 1. I state that I am a Program Technician for the Planning Division of the Development Services Department, City of Springfield, Oregon. 2. I state that in my capacity as, Program Technician, I prepared and caused to be mailed copies of :Sve,2.oo8-()o o4&' 117iti-fO ell. UuLdl/llLJ - 5PL-A ~ (See .attachment "A") on . /:L1t (" . 2008 3cIdressed to (see Attachment B"), by causing said letters to be placed in a U.S. mail box with postage fully prepaid thereon. ~ OJ\JAL' :fa J) J)JA_ ~R~N LaFLEU~.~ , STtTE OF OREGON, County of Lane & {jlYLiJt"" / / t " 2008. Personally appeared the above named Karen LaFleur, Program Technician, who acknowledged the foregoing instrument to be their voluntary act Before me: ~ ~ OFFICIAL SEAL DEVETTE KEllY NOTARY PUBLIC. OREGON COMMISSION NO. 420351 MY COMMISSION EXPIRES AUG. 15, 2011 1tF~. My Commission Expires: q /;S-/I / /" Datel ((eceived: 12./1' ~PJ' Planner: AL 7' / 0 . , NOTICE OF DECISION SERIAL PROPERTY LINE ADJUSTMENT - TYPE IT Project Name: Jarnes-Yarnall / Kathleen Howard Serial Property Line Adjustment Project Proposal: Adjust the common property lines between three adjacent lots Case Number: SUB2008-00048 Project Location: 558 :West DStreet and 2 adjacent vacant lots on West D Street (Map 17-03-34-13, Tax Lots 7100 & 7202; and Map 17-03-34-14, Tax Lot 3000) Zoning: Low Density Residential (LDR) Comprehensive PlanDesignation: .LDR Application Submitted Date: Oct. 30;2008 Decision Issued Date: . December .16, 2008 Recommendation: Approval with Conditions Final Property Line Survey Submittal Date: . March 16,2009 '-' Appeal Deadline Date: December 31, 2008 Associated Applications: None " . at . < .-- . .. '" -'\'--"--' . .Iif,'-, "~ "'-1 I.i. 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CITY OF SPRINGFIELD DEVELOPMENT REVIEW TEAM I POSITION I Project Manager I Transportation Planning Engineer' I Public Works Engineer I Public Works Enll;ineer I Deputy Fire Marshal I Community Services Manager REVIEW OF Planning Transportation Utilities I Sanitary & Storm Sewer I Fire and Life Safety I Building NAME Andy Limbird Jon Driscoll Matt Stouder Matt Stouder I Gilbert Gordon I Dave puent PHONE 726-3784 726-3679 736_1035 736-1035 726-3661 726-3668 APPLICANT'S DEVELOPMENT REVIEW TEAM Owner/ Appli~ant: Kathleen HoWard 558 West D Street Springfield, OR 97477 Owner/Applicant: Jarnes Yarnall 632 West D Street Springfield, OR 97477 ,- ',.", Surveyor/Engineer: Lawrence Olson Olson & Morris 380 Q Street, Suite 200 Springfield, OR 97477 Date> t{eceived: n/b/;Oo/"' Planner: AL / v , . DECISION: Preliminary Survey Approval, with conditions, as of the date of this letter. The standards of the Springfield Development Code (SDC) applicab1e" to each criterion of Property Line Adjustment Approval are listed herein and are satisfied by the submitted plans and notes unless specifically noied with findings and conditions necessary for compliance. THE FINAL SURVEY SUBMITTAL MUST CONFORM TO THE SUBMITTED PLANS AS CONDITIONED HEREIN. This is a limited land use decision made according to City code and state statutes, and there is provision for appeal pursuant to SDC 5.3-100. Please read this document carefully; (See Page 4 for a summary of the conditions of approval.) OTHER USES AUTHORIZED BY THE DECISION: None. The proposed Serial Property Line Adjustment as conditioned is in accordance with SDC 5.16-1'00. Future development will be in accordance with the provisions of the SDC, filed ,,:asements and agreements, and all applicable local, state and federal regulations. NOTE: The applicant's stated intent of the serial property line adjustment is. to facilitate construction of a circular drive\Vay and greenhouse. Staff advise that a mogified or second driveway approach onto West D Street (classified as a collector street) would be subject to review and approval by the City's Transportation Division. Additionally, City permits may be required for the new/modified driveway and construction of an accessory building (greenhouse). REVIEW PROCESS: This application is reviewed under Type II procedures listed in SDC 5.1-130 and the property line adjustment criteria of approval; SDC 5.16-100. A complete application was accepted by the Director prior to the review of the request as specified in SDC 5.1-130.A, Application Submittal, and contained :ill information required to begin the review process in accordance with SDC 5.1-130 and 5.16-100. This application was accepted as complete on October 30; 2008. SITE INFORMATION: The Assessor's description of the subject IQts is Map 17-03-34-13, Tax Lots 7100 and 7202; and Map 17-03-34-14, Tax Lot 3000. Zoning for all three properties is Low Density Residential (LDR). The easterly p.vt'~.;/ (Tax Lot 3000) contains an existing dwelling, and the two adjacent properties to the west are vacant. All three properties have frontage on West D Street. As proposed, the serial property line adjustment would adjust the common boundary between Tax Lot 7202 and Tax Lot 3000 about 75 feet west, and adjust the common boundary between Tax Lot 7100 and Tax Lot 7202 about 26.7 feet west. The applicant's submittal indicates the serial property line adjustment' between the three properties is intended to allow for construction of a circular driveway and greenhouse on Tax Lot 3000. The net area affected by the proposed serial property line adjustment is approximately 2,821 square feet. With the proposed serial property line adjustment, residential Tax Lot 3000 would .increase from H4,152 cr to c1c16,973 cr; vacant Tax Lot 7202 would decrease from 6,712 cr to 6,024 cr; and vacant Tax Lot 7100 would decrease from 9,180 ft2 to 7,047 cr. Because there are no changes to the number of lots before or afte~ the proposed serial property line. adjustment, and the adjustment does not reconfigure a subdivision boundary line, the proposal does not constitute a Replat. In accordance with SDC 5.16-115, serial property line adjustments may be combined into a single application. A serial property line adjustment may occur within a recorded subdivision in accordance with SDC 5.16-105, WRITTEN COMMENTS: Procedural Finding: Applications for Limited Land Use Decisions require the notification of property owners/occupants within 300 feet of the subject property allowing for a 14 day comment period on the application (SDC 3.080 and 14.030). The applicant and parties submitting written comments during the notice period have appeal rights and are mailed a copy of this decision for consideration. Procedural Finding: In accordance with SDC 3.080 and 14.030, notice was sent to property owners/occupants within 300 feet of the subject site on November 5, 2008. Staff responded to one in-person inquiry at the Date, {ieoeivt;d: Planner: AL n/;~/J#t I I' 2 Development Services counter, and a written comment also was received from DeLayne Brown, 553 Edgemont Way, Springfield: . "My wife and I would like to thank the City of Springfield for providing the Public Notice for the subject Property Line Adjustment Application and giving us the opportunity to review and respond to this Application for property in our neighborhood. We own Tax Lot 00500, Map 17-03-34-13, street address of 553 Edgemont Way. We are the second lot north of the easterly end of the subject property. In reviewing the application, we do nol hove any direct issues with the adjustment. However, we do hove a concern Ihat we would like to raise. There is a private drainage line that runs south along the weslern edge of our property, crosses our driveway (we are on apanhandle'lot and located below the street len'lj, and proceeds south down the hill and across the Applicant's property, 10 an assumed connection with the Public Storm system within D Street. This line is an 8- inch pipe which picks up at lease [sic) a portion the roof drainage from our neighbors to the north, the west, and the south, as well as all of our roof drainage. There are several small landscape-type area drains that are also connected to this line. . We believe this line is located approximately along the new lot line dividing Lot 7202, but does not show up on the Surveyor's document on the back of the Public Notice. Our concern is this private drainage line may be damaged during construction on Ihese lots. We think this line should be located and prolected during any such construction so as 10 not sever the roof drainage connection for at least three homes above the subject property. Again, we do nol hove any issues. with the Lot Line Adjustment, just a concern about the existing drainage line. Please contact-me with any questions or comments." Staff Response: The applicant's serial property line survey shows a 5-foot private sewer easement along the western edge of Tax Lot 3000. About mid-way along the west property line, the easement deflects slightly to the east and intersects the West D Street right-of-way on a'tangentialalignment at a point approximately 20 feet east of the western property Ime. The stated purpose for the easement is a private sanitary sewer line benefiting 494 Riverview Blvd. (Tax Lot 10400). Because any utilities within the easement are private, the City is not party to the maintenance' and enforcement provisions of the easement document - this would be up. to the participating property owners. However, the applicant is advised herein that one or more private utilities (sanitary and possibly storm sewer lines) run along the west edge of Tax Lot 3000 and extreme care should be exercised during construction activities m and around the easement area. Further, it is possible that the sewer Jines are not entirely contained within the linear easement area. CRITERIA OF PROPERTY LINE ADJUSTMENT APPROVAL: SDC 5.16-125 states that the Director shall approve or approve with conditions a Serial Property Line Adjustment application upon determining that criteria A through F of this Section have been satisfied. A; The property line adjustment shall not create a new lot or parcel. Finding I: The proposed serial property line adjustment does not create a new lot or parcel, Conclusion: This proposal satisfies Criterion A. B. The property line adjustment shall not create a landlocked lot or parcel. Finding 2: All three properties subject to the proposed serial property line adjustment will retain frontage on a public street (West D Street). Therefore, the proposed serial property line adjustment will not create a landlocked lot or parcel, Conclusion: This proposal satisfies. Criterion B. Datel Received' 10./0. ,J.Mr- Planner: AL 3 , , C; The property line adjustment shall not reduce an. existing lot or parcel below the minimum lot size standard or reduce setbacks below the miriimum established by the applicable zoning districts in this Code. Finding 3: The subject properties appear to lie within a hillside area with slopes exceeding 15% as identified on the City's Natural Hazards map. The applicant has not provided detailed topographic information to confirm or refute the applicability of Hillside Development Overlay District requirements on the parcels. In accordance with SDC 3.2-215 and 3.3-500, hillside properties ~ith slopes of 15% to 25% require a minimum lot ~ea of 10,000 ff and at least 90 feet of street'frontage. In the absence of supporting information, Tax Lots 7100 and 7202 may be considered existing, nori-conforming parcels for the purpose of this review. FindingA: The proposed serial property line adjustment will result in two parcels with more than 90 feet of frontage (Tax Lot 7202 and Tax Lot 3000), and only one parcel that retains more than 10;000 ff of area (Tax Lot 3000). Condition of Approval: 1. Prior to Final Survey Approval, the applicant shall provide ,detailed topographic information on the three 1'<V1'".cies (Tax Lots 7100, 7202 and 3000), including at least two slope cross-sections for each parcel, to ensure Tax Lots 7100 and 7202 can be considered developable parcels and to ensure all three parcels meet the applicable SDC requirements for parcel size and frontage. Conclusion: As conditioned herein, this proposal satisfies Criterion C. D. The property line adjustment shall not violate any previous conditions the Approval Authority may have imposed on the lots or parcels involved .in the application. Finding 5: The proposed property line adjustment does not violate any conditions of previous land use decisions affecting the properties. Conclusion: This proposal satisfies Criterion D. E. The property line adjustment shall not detrimentally alter the availability of. existing public and/or private utilities to each lot or parcel in the application or to abutting lots or parcels. Finding 6: The proposed serial property line adjustment does not affect existing utility services that are provided to the lots. Therefore, the availability of public and private utilities is not compromised by this proposal.. Finding 7: As noted in the written comment submitted by an adjacent property owner; there are existing private utilities within a 5-foot wide private sewer easement along the western edge of Tax Lot 3000. Anecdotal information suggests there may be other private utilities (such as storm sewer pipes) within or adjacent to the sewer easement. The City does not have detailed information on the location or depth of bury for these private lines. Therefore, the applicant is advised to exercise due caution during construction activities on the site to avoid disturbance to the underground utilities. Finding 8: The applicant's submittal states that the serial property line adjustment is to facilitate construction of a circular driveway and greenhouse on Tax Lot 3000. Without the benefit of a detailed site plan or drawing, staff cannot comment on the viability of these improvements. Staff advise that a modified or second driveway approach onto West D Street (classified as a collector street) would be subject to review and approval by the City's Transportation Division. Additionally, City permits may be required for the new/modified driveway and' construction of an accessory buildirig (greenhouse). patti (,eceived: P.lenn~r: AL' /J-116/~t II 4 . . Conditions of Approval: 2. Prior to initiating any buildirig activities on Tax Lot 3000, the owner/applicant shall ensure that existing private utilities will notbe impacted by construction. . 3. Prior to initiating any building activities on Tax Lot 3000, the owner/applicant is advised to contact the City for driveway/curb cut and building permit requirements. Conclusion: . As conditioned herein, this proposal satisfies Criterion E. F. The property line adjustment shall not increase the degree of non-conformity of each lot, parcel or structure that is non-conforming at the time of application. Finding 9: Tax Lot 3000 is considered a conforming Hillside Development parcel with more than 10,000 ft' of area and more than 90 feet of frontage. The proposed serial property line adjustment will increase . the parcel size, and' frontage. . Finding 10: Tax Lot 7100 is considered a Hillside Development parcel. The' parcel has approximately 108.7 feet of frontage on West D Street, which meets the requirements of SDC 3.2-215. The parcel area is 9,180 ft', which approaches but does not meet the minimum area requirements of SDC 3.2-215. The proposed serial property line adjustment will reduce the parcel frontage from 108.7 feet to 7'1.8 feet, and reduce the parcel area from 9,180 ft' to 7,047 ft'. With the proposed property line adjustment the parcel will not have any dimensions that still meet the requirements of SDC 3.2-215. Therefore, the proposed serial property line increases the degree of non-conformity for Tax Lot 7100. Finding II: Tax Lot 7202 is also considered a Hillside Development parcel. The parcel has approximately 148.4 feet of frontage on West D Street, which meets the requirements of SDC 3.2-215. The parcel area is 6,712 ft', which does not meet or approach the minimum area requirements ofSDC 3.2- 215. The proposed serial property line adjustment will reduce the parcel frontage from 148.4 feet to approximately 95.8 feet, and reduce the parcel area from 6,712 ft'to 6,024 ft'. Although the parcel retains sufficient frontage to meet the minimum requirements of SDC 3.2c215, the parcel area is reduced thereby increasing the degree of non-conformity for Tax Lot 7202. Finding 12: Based on the applicant's submittal, the existing dwelling on Tax Lot 3000 appears to meet the setback requirements of SDC 3.2-215. The proposed serial property line adjustment is not expected to affect the degree of conformity for the existing dwelling on Tax Lot 3000. Conclusion: As previously conditioned, this proposal satisfies Criterion F. CONCLUSION: Considering these fmdings of fact, staff fmds the Property Line Adjustment complies with the criteria of SDC 5..! 6, 125 and approves the application subject to the conditions listed below. CONDITIONS OF APPROVAL: 1. Prior to Final Survey Approval, the applicant shall provide detailed topographic information on the three properties (Tax Lots 7100, 7202 and 3000), including at least two slope cross-sections for each parcel, to ensure Tax Lots 7100 and 7202 can be considered developable parcels and to ensure all three parcels meet the applicable SDC requirements for parcel size and frontage... 2. Prior to initiating any building activities on Tax Lot 3000, the owner/applicant shall ensure that existing private utilities will not be impacted by construction. . ,. Date f'<eceived. /~(~4 Planner: AL 5 . . 3. Prior to initiating any building activities on Tax Lot 3000, the owner/applicant is advised to contact the City for driveway/curb cut and building permit requirements. SDC 5.16-140 - FINAL SURVEY . SUBMITTAL, COMPLIANCE WITH C:ONDmONS OF APPROVAL AND RECORDATION OF DOCUMENTS A. A Final Survey shall be prepared, stamped and signed by an Oregon registered Land Surveyor in accordance with ORS 92.010(7)(b), ORS 92.060(3) and ORS 209.250. . B. One copy of the Final Survey shall be delivered to the Development Services Department together with any conditioned documents. ' C. Once the Director and the City Surveyor have certified that all conditions listed under Preliminary Survey approval have been met, the Final Survey may be recorded at the Lane County Surveyor's Office., D. The owners of the Jots included in the application shall record with Lane County Deeds and Records Property Line Adjustment deeds, as specified in ORS 92.190(4). The Property Line Adjustment deeds shall . contain the names of the parties, the description of the adjusted lines, reference to the original recorded documents, and signatures of all parties with proper acknowledgement. The Property Line Adjustment deeds also shall identifY the Planning file number and shall contain a statement declaring that the purpose of ' the deeds is for a Property Line Adjustment. Reference to the affected properties by map and tax lot number shall be in addition to reference by legal description. In the case of serial Property Line Adjustments processed under Type II procedure, each Serial Property Line Adjustment deed for the lots or parcels in the series shall be recorded separately, in the sequence of City approval. E. A copy of the recorded Final Survey and deeds shall be delivered to the Development Services Department together with any recorded documents that may have been required as a condition of approval. SDC 5.16-145 - EXPIRATION OF APPROVAL The Serial Property Line Adjustment shall become null and void if: A. The Final Survey and any condition of approval have not been submitted to the City in a complete form within 90 days of the date of Preliminary Approval; or B. The Final Survey is not submitted to the Lane County Surveyor within 30 days of the City approval; or C. The Serial Property Line Adjustment deeds or other conditioned documents have not been recorded with Lane County Deeds and Records with the Final Survey. Additional Information: The application, all documents, and evidence relied upon by .the applicant, and the applicable criteria of approval are available for free inspection and copies are available for a fee at the Development Services Department, 225 Fifth Street, Springfield, Oregon. Appeal: This Type II Serial Property. Line Adjustment decision is considered a decision of the Director and as such may be appealed to the Planning Commission. The appeal may.be filed with the Development Services Department by an affected party. The appeal must be in accordance with SDC 5.3-100, Appeals. An Appeals application must be submitted to the City with a fee of $250.00. The fee will be returned to the appellant if the Planning Commission approves the appeal application. In accordance with SDC 5.3-115.B, which provides for a 15-day appeal period an~ Oregon Rules of Civil Procedures, Rule 10(c) for service of notice by mail, the appeal period for this decision expires at 5:00 p:m. on December 31, 2008. . . " / I~ / . . , .' . . Patel Received:~/ ~o! '..Planner: AL ..:/"6 Date Received' /2-fvd-tPt7d Planner: AL 7 Delayne Brown 553 Edgemont Way 'Springfield, OR 97477 PLANNING DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 James Yarnall 632 West D Street Springfield, OR 97477 DEVELOPMENT SERVICES PLANNING DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 ~.~. , Kathleen Howard 558 West D Street Springfield, OR 97477 Date f{eceived: 1~;'i1.;e'L7f Planner: AL d.h. .';' >.', SPR'NO"ELD~ r-r'il\ll('J;tI.i;l;Iil1ltf;I.:tI/'Jif'];/.:ftf'li'~ -, DEVELOPMENT SERVICES ..,.- tiJ PLANNING DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 Lawrence Olson Olson & Morris 380 Q Street, SU.\-Qs. 200 Springfield, OR 97477 . , "',; ;,' '., :.: Dated'(6Ceived: /,;..1'/;"(1'/ Planner: . AL