HomeMy WebLinkAboutNotice PLANNER 11/8/2010
, ,
,
.
c%~
.
.
AFFIDAVIT OF SERVICE
RECEIVED
STATE OF OREGON)
)ss.
County of Lane )
NOV - 8 2010
BY:h~U;~t~~
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 ~e
mailed copies of -rYP//D- paM 3 ~m-il ~ ~ - ~ i4.M~Jld.. . ,
(See attachment "A") on 11/9 .20 0 addressed to .(~~ -.J A..;k..-d"
Attachment B"), by causing said letters to be placed in a U.S. mail box with
, postage fully prepaid thereon.
~~ ~4~u-~
KAR LaFLEUR
STATE OF OREGON, County of Lane
~!JreJnIv~ f ,2010. Personally appeared the above named Karen LaFleur,
Program Technician, who acknowledged the foregoing, instrument to be their voluntary
act Before me:
~f1o/
My Commission Expires: ')1/1 S 1/ /
., OFFICIAL SEAL
DEVETTE KELL V
...' NOTARY PUBLIC. OREGON
COMMISSION NO. 420351
MY COMMISSION EXPIRES AUG. 15, 2011
,.
. ~
..
.
J
(
.
NOTICE OF DECISION
PROPERTY LINE ADJUSTMENT - TYPE I
Project Name: Brian & Cheryl Gesik Property Line Adjustment
Project Proposal: Adjust the common property line between two adjoining lots to incorporate part of an
existing, jointly-owned tract into the applicant's lot
Case Number: TYPIIO-00003
Project Location: 6718 Jacob Lane and
portion of vacant, non-addressed tract
(Map 17-02-34-11, TL #9600 & 15400)
Zoning: Low Density Residential (LDR)
Comprehensive Plan Designation:
LDR (Metro Plan)
Application Submitted Date: Oct. 6, 2010
Decision Issued Date: 'November '8, 2010
Recommendation: Approval with Condition
Final Property Line Survey Submittal Date:
February 6, 20 II
Appeal Deadline Date:
No Provision for Appeal (SDC 5.1-125.C)
Associated Applications: None
CITY OF SPRINGFIELD DEVELOPMENT REVIEW TEAM
POSITION REVIEW OF NAME PHONE
Project Manager Planning Andy Limbird 726-3784
Transportation Planning Engineer Transportation Michael Liebler 736-1034
Public Warks Supervising Civil Engineer Utilities Matt Stouder 736-1035
Public Works Supervising Civil Engineer Sanitary & Storm Sewer Matt Stouder 736-1035
Deputy Fire Marshal Fire and Life Safety Gilbert Gordon 726-3661
Community Services Manager Building Dave Puent 726-3668
APPLICANT'S DEVELOPMENT REVIEW TEAM
Applicant/Owner:
Surveyor:
Brian & Cheryl Gesik
6718 Jacob Lane
SpringfieldhOR 97478
Renee Clough, PLS
Branch Engineering Inc.
310 Fifth Street
Springfield, OR 97477
.
.
'.- /
.~
DECISION: Preliminary Survey Approval as of the date ofthis letter. The standards of the Springfield
Development Code (SDC) applicable to each criterion of Property Line Adjustment Approval are listed herein
and are satisfied by the submitted plans and notes unless specifically noted 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 no provision for appeal pursuant to SDC 5.1-125 .C. Please read this document
carefully.
j
OTHER USES AUTHORIZED BY THE DECISION: None. The proposed Property Line Adjustment as
approved is in accordance with SDC 5.16-100. Future development will be in accordance with the provisions of
the SDC, filed easements and agreements, and all applicable local, state and federal regulations.
REVIEW PROCESS: This application is reviewed under Type I procedures listed in SDC 5.1-125 and the
property line adjustment criteria of approval, SDC 5.16-125. A complete application was accepted by the
Director prior to the review of the request as specified in SDC 5.4-105, Application Submittal, and contained all
information required to begin the review process in accordance with SDC 5.16-100. This application was
accepted as complete on October 6, 2010. .
SITE INFORMATION: The Assessor's description of the affected lots is Map 17-02-34-11, Tax Lots 9600
and 15400. The Springfield city limits runs along the northern boundary of Tax Lot 15400, which is a tract that
is jointly-owned by the applicant. The applicant's project narrative indicates the purpose of the property line
adjustment is to incorporate a portion of the vacant tract into Tax Lot 9600 to simplify the ownership, tax
assessment and maintenance responsibilities among the tract co-owners. The proposed property line adjustment
incorporates a portion of the vacant tract into Tax Lot 9600 and increases the lot size from 19,206 ff to 79,210
ft'. Correspondingly, the vacant tract (Tax Lot 15400) is reduced in size from 156,214 ff to 96,210 ff. The net
area affected by the proposed property line adjustment is approximately 60,004 square feet (1.38 acres).
Because there is no increase to the number of legal lots before or after the proposed property line adjustment,
and the adjustment does not reconfigure a subdivision boundary line, the proposal does not constitute a Replat.
A property line adjustment may occur within a recorded subdivision in accordance with SDC 5.16-100.
CRITERIA OF PROPERTY LINE ADJUSTMENT APPROVAL:
SDC 5.16-125 states that the Director shall approve or approve with conditions a 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.
Applicant's Submittal: "No new properties are created with this acijustment; two (2) lots exist before and
after the acijustment."
Finding I: The property line adjustment does not create a new lot or parcel. The proposed property line
adjustment is intended to incorporate a portion of a vacant, co-owned tract (Tax Lot 15400, also identified
as "Tract A" on the applicant's submittal) into the applicant's lot. There is no net increase or decrease in
the number of affected legal lots.
Conclusion: This proposal satisfies Criterion A.
B. The property line adjustment shall not create a landlocked lot or parcel.
Applicant's Submittal: "No landlocked properties are created with this acijustment; both properties will
continue to have frontage on Jacob Lane."
Finding 2: The subject lots have frontage on a public street (Jacob Lane). Legal and physical access to the
dwelling on Tax Lot 9600 is afforded by a developed driveway and frontage on the public street. The
2
. "
.
.
.
..
existing access configuration would not be changed with this proposal. Upon property line adjustment, the
remnant portion of Tract A would retain its frontage on Jacob Lane on the west side of Tax Lot 9900.
Conclusion: This proposal satisfies Criterion B.
C. The property line adjustment shall not reduce an existing lot or parcel below the minimum lot size
standard or reduce setbacks below the minimum established by the applicable zoning districts in the
Code.
Applicant's Submittal: "Both properties are zoned LDR: therefore code section 3.2-200 must be
consulted to confirm conformance with this criterion. Table 3.2-215 Base Zone Development Standards
establishes the following criteria: minimum lot size = 4,500 sq. ft., minimum frontage = 45 feet,
minimum front yard setback = 10 feet, minimum rear yard setback = 10 feet, minimum interior yard
setback = 5 feet and minimum garage front yard setback = 18 feet. As can be seen by inspection of the
plans included in this submittal, both properties meet these criteria after the adjustment."
Finding 3: In accordance with SDC 3.2-215 - and as stated in the applicant's submittal- for dwellings
in the Low Density Residential District the minimum front and rear yard setback is 10 feet; the
minimum side yard setback is 5 feet; and the minimum setback to a garage opening facing the street is
18 feet. The. minimum size for lots on east-west streets in the LOR District is 4,500 ft2 (0.10 acres) with
at least 45 feet of frontage.
Finding 4: The proposed property line adjustment would maintain the existing, conforming front. and
left (west) side yard setbacks for the dwelling on Tax Lot 9600. The proposal would increase the right
(east) side yard setback to approximately 35 feet, which exceeds the minimum side yard setback
requirement.
Finding 5: Currently, the rear yard setback for the existing dwelling on Tax Lot 9600 is approximately
82 feet, which exceeds the minimum requirements of SDC 3.2-215. The proposed property line
adjustment would increase the rear yard setback to approximately 348 feet.
Finding 6: The proposed property line adjustment would increase the frontage of Tax Lot 9600 to
approximately 128.5 feet, which exceeds the minimum frontage requirement ofSDC 3.2-215.
Finding 7: The proposed property line adjustment would increase the size of Tax Lot 9600 to
approximately 79,210 W, which 'exceeds the minimum lot size requirement ofSDC 3.2-215.
Finding 8: The proposed property line adjustment would decrease the size of Tract A from 156,214 W
to 96,210 W, which exceeds the minimum lot size in the .LOR District. The existing Tract A frontage
on Jacob Lane would not be affected by the property line adjustment. Additionally, because there are
no existing or proposed structures on Tract A, building setbacks are not applicable to this area.
Conclusion: 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. .
Applicant's Submittal: "The conditions of approval for Levi Landing, Levi Landing 2nd Addition and
Levi Landing r Addition Replat are applicable to this adjustment. None of the conditions of approval
in for these subdivisions are violated by this adjustment. "
Finding 9: The lots proposed for property line adjustment are subject to Conditions, Covenants and
Restrictions (CCRs) and Stormwater Maintenance Provisions for Levi Landing (Document 97-73716
recorded 10/29/1997, and as amended by Document 2000-072060 recorded 12/21/2000 and Document
3
.
.
2001-05800 I recorded 9/5/200 I), a Conservation Easement recorded in part against Tract A of "Levi
Landing 2nd Addition Replat of Lots 59, 60, 61, 62, 67 & Tract D" (Document #2001-058002 recorded
9/5/2001), and the conditions ofthe Levi Landing subdivision approval issued 8/9/2000. Upon property
line adjustment, the CCRs and conservation easement will remain in force and effect on each of the
adjusted lots. Each property owner will be obligated to maintain the conservation easement area on
their adjusted lot - including any private stormwater management facilities therein - in accordance with
these recorded agreements. To ensure the lot owners are fully aware of their modified ownership and
maintenance responsibilities under the provisions of these recorded agreements, staff advises that
submittal of a signed acknowledgement will be required with the Final Survey.
Finding 10: The proposed property line adjustment does not violate conditions of other prior land use
decisions affecting the site. Recorded easements, agreements, covenants and restrictions will remain in
effect for the affected lots upon adjustment of the property line.
Condition of Approval:
1. Each lot owner shaD comply with the terms and conditions of the following, particularly with
respect to stormwater provisions: i) the recorded Conservation Easement (Document 2001-
058002); ii) the Levi Landing CCRs and Stormwater Maintenance Provisions (Document 97-
73716 as twice amended; Document Nos. 2000-072060 and 2001-058001); and iii) the Levi
Landing Subdivision Approval issued August 9, 2000. The City will prepare an
Acknowledgement document for these terms and conditions for signature by the lot owners.
The Acknowledgement shall be signed and notarized by the lot owners and recorded prior to
recording the Property Line Adjustment deed.
Conclusion: As conditioned herein, this proposal satisfies Criterion D.
E. The property line adjustment shaD 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.
Applicant's Submittal: "All the surrounding properties are already developed and serviced with public
and private utilities. The existing treatment and conveyance facilities existing on Tract A already have an
easement and will not be influenced by the cuijustment."
Finding II: Upon property line adjustment, Tax Lot 9600 would inherit an existing pedestrian access
easement that accomniodates a pathway connection to adjacent Ruff Park. The proposal would not affect
public access to the park.
Finding 12: The proposed property line adjustment does not adversely affect the street frontages of Tax
Lot 9600 and 15400 or other locations where existing public and private utility services are provided to
the subject lots. Not all underground utilities are shown on the property line adjustment survey, but
utility connections should be unaffected by the adjusted property lines.
Finding 13: The applicant is proposing a variable-width private access easement along the rear of Tax
Lots 9600-9900 to ensure the jointly-owned and maintained private stormwater facility can be accessed
by the adjoining property owners. Therefore, provision of - and access to - public and private utilities
is not compromised by this proposal.
Conclusion: This proposal satisfies Criterion E.
F. The property line adjustment shaD not increase the degree of non-conformity of each lot, parcel or
stru~ru.re that is non-conforming at the time of application.
Applicant's Submittal: "No non-conformities will exist after the cuijustment."
,
,
4
-.t,.,-
.
.
.'
,
Finding 14: The dwelling on Tax Lot 9600 is and would remain a conforming structure with this proposal.
There are no existing or proposed structures on Tract A. Therefore, the proposed property line adjustment
does not increase any degree of non-conformity for the lots or the existing dwelling.
Conclusion: This proposal satisfies Criterion F.
CONCLUSION: Considering these findings of fact, staff finds the Property Line Adjustment complies with
the criteria of SDC 5.16-125 and approves the application subject to the condition listed below.
CONDITION OF APPROVAL:
1. Each lot owner shall comply with the terms and conditions of the following, particnlarly with respect
to stormwater provisions: i) the recorded Conservation Easement (Docnment 2001-058002); ii) the
Levi Landing CCRs and Stormwater Maintenance Provisions (Document 97-73716 as twice amended;
Docnment Nos. 2000-072060 and 2001-058001); and iii) the Levi Landing Snbdivision Approval issued
August 9, 2000. The City will prepare an Acknowledgement document for these terms and conditions
for signature by the lot owners. The Acknowledgement shall be signed and notarized by the lot
owners and recorded prior to recording the Property Line Adj ustment deed.
SDC 5.16-140 - FINAL SURVEY SUBMITTAL, COMPLIANCE WITH CONDmONS 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 lots 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 line, 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 11 procedure, each 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 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 (i.e. by February 6, 2011); or
B. The Fimil ~urvey is not submitted to the Lane County Surveyor within 30 days of the City approval; or
5
.
.
..:.. .~,;
,
C. The Property Line Adjustment deed or other conditioned documents have not been recorded with Lane
County Deeds and Records with the Final Survey.
i
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.
Questions: Please call Andy Limbird in the Planning Division of the Development Services Department at
(541) 726-3784 or email alimbird@ci.springfield.or.lls if you have any questions regarding this process.
P~~nd ;0;/
6
,'.> ~D
~i~:lIi'lt"/jil/.::t' ... ,
DEVELOPMENT SERVICES iii
PLANNING DEPARTMENT
225 FIFTH STREET
SPRINGFIELD, OR 97477
.
Brian & Cheryl Gesik
6718 Jacob Lane
Springfield, OR 97478
,'.',"
.;. .'
."', ..
"
-.I~ .'
". ;.
CITY OF SPRINGFIELD
DEVELOPMENT SERVICES DEPARTMENT
225 5th ST
SPRINGFIELD, OR 97477
" .
,
. "" '- ."
, '
'.' .".-
".. .
._'...." ';.'.'. ".---...'~
Renee Clough, PLS
Branch Engineering
310 Fifth Street
Springfield, OR 97477
...,-....
6