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HomeMy WebLinkAbout1989-009 Findings - HillBEFORE THE CITY COUNCIL CITY OF ASHLAND JACKSON COUNTY, OREGON IN THE MATTER OF PLANNING ACTION #88-149, REQUEST FOR A ) MINOR LAND PARTITION TO DIVIDE THE PROPERTY LOCATED AT ) 523 TERRACE STREET INTO THREE PARCELS. TWO PARCELS WOULD) HAVE FRONTAGE AND ACCESS OFF GLENVIEW DRIVE. ) APPLICANT: LEE T. HILL ) ) FINDINGS, CONCLUSIONS AND ORDERS RECITALS: 1) Taxlot 1500 of 391E 9CC is located at 523 Terrace Street and is zoned R-l-10; Single Family Residential. 2) The applicant is requesting a to divide the property at 523 Terrace Street into three parcels. Two parcels would have frontage and access off Glenview Street. A site plan is on file at the Department of Community Development. 3) The criteria for 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 a 20-ft. wide access improved to the minimum standards established in Section 18.76.170. 4) The Ashland City Council, following proper public notice, held a Public Hearing on January 3, 1989, 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. FINDINGS 1.1 The Ashland City Council hereby incorporates by reference the Staff Report noted as "Exhibit A", the findings submitted by the applicant noted as "Exhibit B", the Site Plan submitted by the applicant noted as "Exhibit C" and the minutes from the public hearing on this proposal held on January 3, 1989, noted as "Exhibit D". 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 Ashland City Council finds that the proposal to divide the property located at 523 Terrace into three lots meets all relevant criteria found in Chapter 18.76.050. The proposed parcels meet lot size, width and depth requirements. The partition as proposed will not restrict access to the remainder of the applicant's property nor the property of adjacent neighbors. Further, Grandview Drive is a minimum of 20 feet in width up to where in meets Granite Street, satisfying criteria "F". 2.3 The City Council hereby adopts the applicant's findings as submitted. SECTION 3. DECISION 3.1 Based on the record of the Public Hearing on this matter, the City Council concludes that the proposal to divide the property located 523 Terrace Street into three lots is supported by evidence contained in the whole record. Therefore, based on our overall conclusions, and upon the proposal being subject to each of the following conditions, we approve Planning Action #88-149. Further, if any one or more of the conditions below are found to be invalid, for any reason whatsoever, then Planning Action #88-149 is denied. The following are the conditions and they are attached to the approval. 1) That all necessary easements for sewer, water, electric, slopes and streets be provided as required by the respective City Departments. 2) That the applicant sign in favor of future improvements to Glenview Drive, including curb, gutter, paving and sidewalks 3) That the applicant sign in favor of future improvements to the sewer and water system, specifically agreeing to participate in a local improvement district for the installation of sewer and water mains in Glenview. At such time as the mains are installed, the applicant will be required to connect to these mains and disconnect from Terrace Street. 4) That any development on slopes in excess of 40% shall be subject to the issuance of a Physical and Environmental Constraints review permit. 5) That all driveway accesses to the new lots be surfaced with asphaltic concrete or similar improved surface, prior to the issuance of a certificate of occupancy for the new structure. 6) That a survey by a registered surveyor be completed within one year of the approval. 7) That the applicant provide additional right-of-way along the Glenview Drive frontage as required by the Public Works Department. Mayor Date Attest