HomeMy WebLinkAboutNotice PLANNER 12/10/2008
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RECEIVED
AFFIDAVIT OF SERVICE
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BY:~H OJ ~
STATE OF OREGON)
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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:
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~
OFFICIAL SEAL
DEVETTE KEllY
NOTARY PUBLIC. OREGON
COMMISSION NO. 420351
MY COMMISSION EXPIRES AUG. 15, 2011
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My Commission Expires: q /;S-/I /
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Datel ((eceived: 12./1' ~PJ'
Planner: AL 7' / 0
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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
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Appeal Deadline Date: December 31, 2008
Associated Applications: None
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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
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Surveyor/Engineer:
Lawrence Olson
Olson & Morris
380 Q Street, Suite 200
Springfield, OR 97477
Date> t{eceived: n/b/;Oo/"'
Planner: AL / v
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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
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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
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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
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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
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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
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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
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,
Kathleen Howard
558 West D Street
Springfield, OR 97477
Date f{eceived: 1~;'i1.;e'L7f
Planner: AL
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DEVELOPMENT SERVICES ..,.- tiJ
PLANNING DEPARTMENT
225 FIFTH STREET
SPRINGFIELD, OR 97477
Lawrence Olson
Olson & Morris
380 Q Street, SU.\-Qs. 200
Springfield, OR 97477
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Dated'(6Ceived: /,;..1'/;"(1'/
Planner: . AL