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HomeMy WebLinkAbout1992-097 Findings - McGee BEFORE 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: i) Tax lot 300 of 391E 15D is located at 1655 Ross Lane and is zoned R- i-lO; 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 ~ubject 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 is necessary for the preservation of property rights. 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-lmposed. 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-i-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 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. 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 ~/~C day of September, 1992. Nan E. Franklin City Recorder Mayor