HomeMy WebLinkAbout1992-0915 MCGEE FINDINGSBEFORE THE ASHLAND CITY COUNCIL
JACKSON COUNTY, OREGON
SEPTEMBER 15, 1992
IN THE MATTER OF PLANNING ACTION #92-074, REQUEST FOR A )
MINOR LAND PARTITION AND 1.6 FT. LOT WIDTH VARIANCE TO )
DIVIDE A PARCEL INTO TWO LOTS LOCATED ON THE SOUTH SIDE )
OF ROSS LANE BETWEEN HARMONY LANE AND GARDEN WAY AT 1655)
ROSS LANE. )
)
APPLICANT: OARUS MCGEE )
)
FINDINGS,
CONCLUSIONS
AND ORDERS
RECITALS:
1) Tax lot 300 of 391E 15D is located at 1655 Ross Lane and is zoned R-
1-10; Single Family Residential.
2) The applicant is requesting to divide a parcel into two lots and a
1.6 ft. lot width variance which would allow for lots 73.4 ft. in width
rather than 75 ft. as required by ordinance. A preliminary map is on
file at the Department of Community Development.
3) The criteria for approval of a minor land partition are found in
chapter 18.76 and are as follows:
A) The future use for urban purposes of the remainder of the tract
under the same ownership will not be impeded.
B) The development of the remainder of any adjoining land or access
thereto will not be impeded.
C) The tract of land has not been partitioned for 12 months.
D) The partitioning is not in conflict with any law, ordinance or
resolution applicable to the land.
E) The partitioning is in accordance with the design and streets
standards contained in the chapter on subdivisions.
F) When there exists adequate public facilities, or proof that such
facilities can be provided, as determined by the Public Works Director
and specified by City documents, for water, sanitary sewers, storm
sewer, and electricity.
G) When there exists a 20-ft. wide access along the entire street
frontage of the parcel to the nearest fully improved collector or
arterial street, as designated in the Comprehensive Plan. Access to be
improved with an asphaltic concrete pavement designed for the use of the
proposed street. The minimum width of the street shall be 20 feet with
all work done under permit of the Public Works Department.
1) The Public Works Director may allow an unpaved street for
access for a minor land partition when all of the following
conditions exist:
a) The unpaved street is at least 20' wide to the nearest
fully improved collector or arterial street.
b) The centerline grade on any portion of the unpaved street
does not exceed 10%.
2) Should the partition be on an unpaved street and paving is not
required, the applicant shall legally agree to participate in the
costs and to waive the rights of the owner of the subject property
to remonstrate both with respect to the owners agreeing to
participate in the costs of full street improvements and to not
remonstrate to the formation of a local improvement district to
cover such improvements and costs thereof. Full street
improvements shall include paving, curb, gutter, sidewalks and the
undergrounding of utilities. This requirement shall be precedent
to the signing of the final survey plat, and if the owner declines
to so agree, then the application shall be denied.
Further, the criteria for a Variance are found in Chapter 18.100 and are as
follows:
(1) That there are unique or unusual circumstances which apply to this
site which do not typically apply elsewhere.
(2) That approval of the application is necessary for the preservation
of property rights.
(3) That the proposal's benefits will be greater than any negative
impacts on the development of the adjacent uses; and will further the
purpose and intent of this ordinance and the Comprehensive Plan of the
City.
(4) That the conditions or circumstances have not been willfully or
purposely self-imposed.
4) The Ashland City Council, following proper public notice, held a
Public Hearing on September 15, 1992, at which time testimony was
received and exhibits were presented. The City Council approved the
application subject to conditions pertaining to the appropriate
development of the site.
Now, therefore, the City Council of the City of Ashland finds, concludes
and recommends as follows:
SECTION 1. EXHIBITS
For the purposes of reference to these Findings, the attached index
of exhibits, data, and testimony will be used.
Staff Exhibits lettered with an "S"
Proponent's Exhibits, lettered with a "P"
Opponent's Exhibits, lettered with an "O"
Hearing Minutes, Notices, Miscellaneous Exhibits lettered with an
SECTION 2. CONCLUSORY FINDINGS
2.1 The Ashland City Council finds that it has received all
information necessary to make a decision based on the Staff
Report, public hearing testimony and the exhibits received.
2.2 The City Council finds that the request to divide a parcel
into two lots and a 1.6 ft. lot width variance which would allow
for lots 73.4 ft. in width rather than 75 ft. meets all criteria
for approval as outlined in the Partitions chapter 18.76 and
Variance chapter 18,100.
2.3 The Council makes the following findings with respect to the
request for a 1.6' lot width variance:
(1) That there are unique or unusual circumstances which apply to
this site which do not typically apply elsewhere.
The subject property was annexed to the city in 1990 as part of a
16 acre annexation application. The Council believes that it was
clear at that time that this parcel, which is in excess 20,000 sq.
ft., would be partitioned at a later date. Further, it is unusual
and unique to find a parcel that is in excess of twice the required
lot area requirement (21,780 sq. ft.), has all city services
located along the frontage of the lot, and is relatively flat and
free of topographical constraints, but because it was originally
subdivided in the county can not be split without a 1.6 ft. lot
width variance.
(2) That approval of the application
preservation of property rights.
is necessary for the
The zoning designation for the property allows for 10,000 square
foot lots. The subject parcel is 21,780 square feet. The applicant,
at the time of annexation, assumed he had the property right of two
lots based on the 10,000 square foot lot size requirement imposed
by the City Council. The applicant, as part of the annexation
approval, has already dedicated an additional 20' of right-of-way
along Ross Lane to "ensure adequate roadway width for development."
Based on the parcel's zoning, the future partitioning envisioned at
the time of annexation, and the right-of-way dedication made by the
applicant, the Council believes that the approval of the
application is necessary for the preservation of property rights.
(3) That the proposal's benefits will be greater than any negative
impacts on the development of the adjacent uses; and will further
the purpose and intent of this ordinance and the Comprehensive Plan
of the City.
The approval of this application will allow for one additional
residence to be built than would otherwise be allowed. If the
application is denied, one home could be constructed on the 1/2
acre parcel. Although the approval of this variance would result in
some change within the immediate neighborhood, the Council finds
that the change will be minimal, temporary in nature and will not
negatively impact the development of adjacent uses.
The Council finds that it is a benefit to the City to meet planned
densities for neighborhoods based on the Comprehensive Plan. This
ultimately leads to the most efficient use of city services and
public facilities, which in the long run should serve to repress
sprawl, stabilize construction and development costs which in turn
should benefit the future home-buyer.
(4) That the conditions or circumstances have not been willfully or
purposely self-imposed.
Because this parcel was originally created in the county many years
ago, the applicant could not have foreseen that the width of the
parcel would be less than that which is required to partition a lot
under city codes.
2.4 The City Council makes the following findings with respect to
the request for a minor land partition:
A) The future use for urban purposes of the remainder of the
tract under the same ownership will not be impeded.
The remainder of this property which lies to the south is already
developed with a single family residence.
B) The development of the remainder of any adjoining land or
access thereto will not be impeded.
This parcel has approximately 147 feet of street frontage along
Ross Lane from which access to the property is available. The
proposed lot split as delineated by the applicant on the plot plan
will not inhibit the development of adjoining property nor impede
access to any adjoining land.
C) The tract of land has not been partitioned for 12 months.
City records show that this property has not been partitioned in
the past 12 months.
D) The partitioning is not in conflict with any law, ordinance or
resolution applicable to the land.
The two lots do not meet the lot width requirement of 75 feet for
the R-l-10 zone. Findings for approval of a lot width variance have
been outlined above.
E) The partitioning is in accordance with the design and streets
standards contained in the chapter on subdivisions.
There are no new streets being proposed as part of this
development. The applicant, as part of the conditions for approval
for annexation in April of 1990, has dedicated 20 feet (width) of
right-of-way along the entire frontage of the property for future
vehicular access along Ross Lane.
F) When there exists adequate public facilities, or proof that
such facilities can be provided, as determined by the Public Works
Director and specified by City documents, for water, sanitary
sewers, storm sewer, and electricity.
City sewer, water and electric service are located in the Ross Lane
right-of-way and are available to the site. The Fire Department has
reviewed the hydrant locations and the amount of available fire
flow (gallons per minute) and have found both to be adequate to
serve the proposed single family development.
G) When there exists a 20-ft. wide access along the entire street
frontage of the parcel to the nearest fully improved collector or
arterial street, as designated in the Comprehensive Plan. Access
to be improved with an aspbaltic concrete pavement designed for the
use of the proposed street. The minimum width of the street shall
be 20 feet with all work done under permit of the Public Works
Department.
1) The Public Works Director may allow an unpaved street for
access for a minor land partition when all of the following
conditions exist:
a) The unpaved street is at least 20' wide to the nearest
fully improved collector or arterial street.
b) The centerline grade on any portion of the unpaved street
does not exceed 10%.
2) Should the partition be on an unpaved street and paving is not
required, the applicant shall legally agree to participate in the
costs and to waive the rights of the owner of the subject property
to remonstrate both with respect to the owners agreeing to
participate in the costs of full street improvements and to not
remonstrate to the formation of a local improvement district to
cover such improvements and costs thereof. Full street
improvements shall include paving, curb, gutter, sidewalks and the
undergrounding of utilities. This requirement shall be precedent
to the signing of the final survey plat, and if the owner declines
to so agree, then the application shall be denied.
The centerline grade of Ross Lane along the unpaved portion is
approximately five percent. The travelled width of Ross Lane varies
from around 12 feet at the east end to 17 feet near Garden Way.
This approval is conditioned upon Ross Lane being graded to a width
of 20 feet up to and including the parcel's entire street frontage.
SECTION 3. DECISION
3.1 Based on the record of the Public Hearing on this matter, the City
Council concludes that the proposal to partition a parcel into two lots
and a 1.6 ft. lot width variance which would allow for lots 73.4 ft. in
width rather than 75 ft. is supported by evidence contained in the
record.
Therefore, based on our overall conclusions, and upon the proposal being
subject to each of the following conditions, we approve Planning Action
#92-064. Further, if any one or more of the conditions below are found
to be invalid, for any reason whatsoever, then Planning Action #92-064
is denied. The following are the conditions and they are attached to the
approval:
1) That all proposals of the applicant be conditions of approval
unless otherwise modified here.
2) That a final survey plat be completed and recorded within 12 months
of this approval.
3) That Ross Lane be graded to a minimum width of 20 feet from the
nearest improved city street up to and including the entire frontage of
the tax lot #300 prior to signature of the final survey plat.
4) That all necessary easements be provided as required by the City of
Ashland, for sewer, water, electric, and streets. Electric services to
be installed underground and the customer to do all excavating, back-
filling, compaction and filing of easements as marked on pre-application
map.
5) That the applicant sign in favor of future street improvements to
Ross Lane, including paving, curb, gutter, sidewalks and the
undergrounding of utilities and sewer and water services.
6) That a five ft. wide public pedestrian easement be dedicated along
the east property line of the property (tax lot 300).
SIGNED and APPROVED this
Nan E. Franklin
City Recorder
day of September, 1992.
a erine M. Golde
Mayor