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Resolution 725 - Grout Variance - Beall Lane
ATTEST: t Arc~vc~ci t~~ m~ this _ ,: ~`~~elili.!i'. 4.~C~li~tllt';~S1C~~1 li~i'+ .° Plat~ni~~~; ~oz~~mission It~saluticrrl Nc~. ~' ~ (5f 1f2007} ,. I 1 I.1 _ i~ '~ ~. ~i. ~ ~, ~ rt)(?"1 Co~~S~d_~z~~?tio.~~ of ati t31~pl~c~~~~t~un rcyu~°stiz34~, ~~ C I~z;<, (' ~'~Q~i.i~~r~c to ,~„_ ::(af~~,i<~r~i oi~il~~~ ('C'1~~it'. the ruu~~l,3,,. {) tt_ il~~~~t>ol;~ ~~ O~IOfS ~'i 'i ~r4:- iillOU~c4 to t~l~~.t' ~iCCt;.95 {~'i)111 the ~, !`:c ~n~'iii .~~~, Y't'Cni~)71lCil(I('o {")~' .~<#C1C„OIl ~~)lllll~l l:~ot1Cls. ~hls Val']a1~(l' al){)IJCf~tlf3i) 1't' li; ]l~C~i,fi, i~i~l~ of ;1 ~ ~-I11'~ii`,~~ i~17.131 :~pl_)1lt;;llll)Il (~ zl<° ~;U. ~ • U"110-i). 1he st~~-~~ec~t~~~'ohcr-tti' ~s lc " ic~l ~~~ i~u~ {-~~-t,., !~~ ~;;~Ic~ratl<~l ;>~taai_~1~~ ~ t~r~~~ly ~.oi~iii:~, clisirzct ~ff~~i ~is i~1~'iltit~ci or~~ tlar~ l~~c~kso~~ Cot~l~ty. „-•;~~or`; !~~~~p~~s,3%`'. 'l'v' IOIa(_'. ~(tt~; I:oP 1tJO.17X;~ 1'+{~~~il 1:~~.ri~~. ~..`o~7J71i' C 17~«~,a C.,ox~~r~lui~it}' I'lar~tae:°7 'I'l~c: s~at~ject i~ro~~t-~~,~ is ~~p~~r~~:,:i~~~~tcly 1.02 ~ic~~~~<~ ~~t~d is 1';~~,-~~1 (_)r3e~ af'r<~c~c~z~dt~~f ~~ia# 1>_~, ; 1<a~?G. 'I~,~ s~zb,lect p3-op~~rty ~~eceived tentati~%c approv~~l ii~r~ t~ six (6j lot ~~.livisior~ (1~'ilt~ {3~O°/Uj {,~~ `,~c~pii~r7~l~3cr~ „_ 'f,)O5. TeYltative ahpro~~al for the p~~ojcci~ C'reekside ~rillai~ea lapsc~l dl~e to t}ac' ti~~~t~ inti•~~1~~cc1 iri ii~e t~,~~,~;~,~ ~~tid er~~ine~riz~g, of +;rriffi~~ ('reek ~~az~k stahili~atiot~. 'l~he applit~~~T~t ~ - .. sltbscgtienaly r~~clesi~rtaecl a proposal 9or a fh~~cc~ loi pcari.itic~n. ~1~ existil~g resi~ea~~tia1 st~~t~cturc. is to be r'e~~~ov~,ci as 1~a~~t of tl~i; ~ , ~~~:„. j~ropos~:d cic~;•~;l+~p~~icz~i. _ .. I ~r~~~a~~~c~~e G~it~c;c (3c;a11 Lailc~ is a ~'oi3rt~r r-otid; tla~; <:~pplzc~~7~t r~~et ~~, itla. .la~ksot~ Coi~i3ty~ I~_oads i~7 prc:parin~ a partitio~~ ahplicsation. Dlarin~ file re~~ieu- o.f~ the tentative plan it was dcter~.a~irxecl, that Beall l.,ane's ~esi~=natio~i as a coiulty axterial streets tivoulcl hrol~ibit di.re~ct acc~as I'or l'arccl C)x~e. It~_ a letter dated .'lpril 1~ ~00I lyric I~liezncyc~~, Tachson Cotanty Roacls •hrai~aic ~; Inc-~~clopt~lent En~;i~~ee~°, z~~ade the rc;coi~ln~ez~datioi~ that no +r~irect dri c~c;~~,>~~ ~~;cess to ~3ea11 ~.az1c. he ciesi~ned {httacl~~~~ezit "~'>}r "hhe pity 1't~hlic 1~%orks 3~ehart~i~cr~t is ii1 sl~l~~hort o~f the .l~~ckso~z ~;ou7~~ty recora~r~_ie~~datio~~ that all three, (3) parcels take direct access fi•otra thcZO ft. ~fla~pole oasct~lex~t. Cl'~,-~~C l(~.~`~.{)•~0 {l~~ I~la~ Lotsq crates that a n~axin~ia~r~ of t~~,%o lots ai~t~ alloti~~c;cl 4~cc~ ss ~t~of~~ a flaLpole. 'T`his application regraests a ~•a.t~iarrcc to access tl~l•ee (~) lots i:Y•o~ a 3~a~~ole eas~°7~~c~~t. I'a~e' I or 2 :',d ~ ,, z , fig, , Y \l 4 ~,' t 4 S ~ 1 ._,t .. ~.~ ~ 1 tV ~ ~ 4 5 r ~~ f , . pp~ ~ 1~~~1F l~ 1 Y~ ~ t~ ~z # ~ ,.w . ~: ,. µ. ,, qµ A. RJ+J c° Attar ant 4&y"y59 V 1;I4~ i Dana ~ ~ Cana I ITSIA ~ Attar ant 44A'° - Tentative Pl. Attar ent "°° - Appli t Findings A ant "C"- Jacsan Caunty Raads Carrunents Attachment ;;~'~ -Findings Attar ant `°E"~- Pmpased Resalutian ACTION Cansidaratian of a v 'ante to CPMC 16,36,040 (T`-), the number of allawad cats that can a access fram the 0 t~, fl ale easement C EN ATI lit: Apprava itesalutian ,approving the Class C Vari ca gr ting three parcels access from a 20 ft. fl le arrant. Page 2 of 2 ~~ z w x U TENTATIVE PART1TlON Pf..AT 3V'T'E1' i'OR. of PA:ft LRO;il. REClSTEREO AGEni I `"~ ~'~~$~ LLG PARCEL N0. 1, PARTiTIOt~ PLAT N0. P--54-1936 P.0 00X 5575 uEpFORC. OREGOR 67501 iocatod in Lhe orc: maul. zo. xaT- SOUTHEAST 1/4 SECTION i0, TOW#~ESHIP 37 SOUTH, RANGE 2 WEST, ~~;~~~~ W€LLAMETTE MERIOiAN, C11Y Of CENTRAL POINT, JACKSON COUNTY, OREGON _ `Y.:` I . -~ ... ~~N~-1CG:i SL ~`f: "~} 4'J~i11 i~Vi .l• L~=NIfr t'µ1,1 E'ILGI~ `5'A'S6'S!o'Y: S83'SS'11'E 34T.B3' _- _ ... a ~ EJ G5' :5 ~i PROPOSER PARCEL 3 s;-~w-leae 1L _'~ it .~ GROSSa 16087 S0. FT. L~fL( clavn NET:` 5000 SC. Ff. , . .. ~' I I ~. ~ 171 - ~ ~ ~ r3~. -_ lTii 1 ~ ~.: 11. i . :, -~ cr r~:'rnL a;: N: ~' q PROPOSED PARCiw1. 2 .3 + i-a~,y~ i .. .s n. ,. ..1.. __, ~ `~ o ~ ~ s GR055- 1472.0 54. Ff. yo ~ ~Er"`5 r'~ ?uET= 9000 S0. FT. .aXn . r i SCALE: 1' w 3v CONiQUR INTERVAL a 3 i { :.\ I i '.:ate ~<\ o ~'.~ r'~~~ ,r ~, - ... ' ~,1 ~~l~-L.`., ~j i i PRDAO`.,~D PARCEL 7 ' ' - ' .''~~~ =, 1 ~, . 'I ~ s; GROSSv }3891 50. FT. \ I ,,. Y., ;E; ?,k". I' - {NE7tr 90D0. 50. FT. \ C' '~ _I ~. a ~~~ r _ _ I ~ ' ~ ~- l ~ ~ - ENOU6lBW1NCE NOTE ~ ,. 1 .. ,_ ; THE ELECT RICITY RkCHT-OF-WAY EASEMENT GRANTED PER \ ~ (-' t {~ f p ~ = "'-~ '~ ~ INSTRJMENT N0. 96-30072 MAY AFFECT THIS PROPERtt, \ ; ~$ -~..~i, ~ ,- .: ~ ' BUT IS NOT LOCATABLE. ~ _ y 1 .- DISCWEfER '~ Si ~ ~~ ~ ` ~ ~ ~! THE TOPOCRAHIC INFORMATION SHOWN HEREON IS FROVA ~ •. _ ~ ~ ~'~ ~~ 7~ ~ I j ~ j . , MAY 2005. IMPROVEAlEN7S TO BEALL LANE AND SNOWY i I i ~ "~~~ ~~. I ~ ~ ~ 1 . •_ ~ i _ _ ._..~. _ , _. " ~ ' BUTTE SANE SINCE MAY 2005 MAY RENDER SOME OF THE 1 ~ ~~ ~ ~ _ o ' I INFORMATION, 5HOwN HEREON, TO SE 3NACCURATE. 1 ~ ~ ' ~}', ' ~( ~ ~ , ~~ ~, U CENTERLINE BRASS DISC .'~ 50.00' ..' r'.. 37.63' [ ; so co' r ~ IFi; iCtif.L L'l NEfr-E ~" (i k i I i 6n L<H & LCni L{1 Ji! i ~I~itu:.:i:-~slUi.-~Ev5iX. 16iSLU.CIJ1. I .~ _ 3c0:U,". . . ... .. i i i Li:nRt eEL:SC - , i SURVEY BY: KERRY K. BRA-S1UW L5. 1271 P.O. {fox S08s CENTRAL PRINT, OREG9N 97502 {541 )aB4-7510 CEtL: 344-0692 I VlCINFTY Al4P ~ (NO SCALE) I e~ O { ~~~ ~ ~ M t rn `°~ BEALL LANE BASIS OF BEARINGS I CENTERLINE OF BEALIr LANE SHOWN ON F1LE{3 SURVEY N'o. 15011 AS SOUTH 69'55'11" EAST. ~- DuLtuu Z FOUND BRg55 DISC IN THE SOUTHEAST CORNER OF ~~~ HEADWALL OF COUNTY $RIOLE #617 ON BEALL LANE AT GPoFFkN CREEK. ELEVATION 7299.38'. ''~,m~~ 37-2W-10DC TA% LOT 7O0 GROSS AREA; 1.19 ACRES ZONED: R-7-6 CENTRAL POINT SCHOOL DISTRICT No. 6 '~. ~ FFRE DISTRICT Q3 t ENVIRONMENTAL SPACE 10 BE DEDICATED TD THE ~i I - -..-.,.-.i CITY OF CENTRAL POINT FOR PARK PURPOSES. lI ' I ~- ~~--1 PARKWAY TO BE DERICATEp TO THE CITY I OF CENTRAL POINT FOR PARK PURPOSES. ~ --'--"" '--- PROPOSED ACCESS EASEMEN 7. ' ~I , ._ -, I -••--,~~•••-- -PROPOSED PROPERTY LNE. - FENCELINE 1 `~ , -~x,STryq_E.;ST; [2`_IS>'un'l _ ..-' - ' ... ..:. ., ... -, - - _ ~, - - _ _ ~i._a. ~.AN~ _ _ ~SS9'53'11'S 500.04' {SOD.03', FS 15011) (BASIS OF BEARINGS) MAP No.: 37-2iv-7000 7L lOD NRlG ;E HTFUs:':.LL~_-GRASS DISC BEN>:H fsLRx COOMV b51GGL eGl; EILYAAON - 1296.16' SHEET 1 OF 1 - - 22.15' NE CORNER OLC 66 REGfSTERED PROFESSIONAL LAND SURVEYOR OREGON KERRYVK229RADSHAW CI(P. 12-3t-07 2005\05-DSO Grou1_Beou\reL'isetl_ ~~~~~11/1~t~~ ~ ~ ~ri Date: March 16, 2007 To: City of Ce31tra1 Point 140 South Third Street Central Point, Orc~on 97502 Re: Variance application, 1772 13e~~11 Lane, 372W1 OC, Tl, 100 Applicant Paul Grout P.O. I3ox 3575 Central Point, OR 97502 ~. Nature o£ the Application The applicant is seeking approval of a variance consisting of accessing three lots off a Flag Pole. Background: The parcel is long and narrow with Griffin Creek running through the parcels' southwestern boundafy. rt is proposed that the tract of land be partitioned into three (3) parcels. Thez•e is an existing home on the southwestern part of the property nearest to Beall Lane. The applicant is seeking the flexibility of a variance while maintaining the purpose and intent of the flag pole lot. Specifically, the applicant is z•equesting relief from the City of Central Point Municipal Code (CCPM) 16.36.040, paragraph D stating a maximum of two lots are allowed access from a flag pole. The applicant is requesting to access three parcels from a flag pole to satisfy Jackson County Roads and Parks' recommendation that "no parcel directly access Beall Lane ". In order to meet this access requirment the applicant must redirect the parcel's exising home driveway from Beall Lane to the flag polo. The applicant investigated City of Central Point Municipal Codes (CCPM} Chapters 16 and 17 and found no other alternatives as discussed in this application other than a Ciass C variance. Jackson County's Roads recommendation establishes an unintented effect not caused by the applicant of preventing reasonable development of this tract of land in conforinanee with a Flag Lot Land Partition Central Point Municial Code (CCPM) Chaptez• 16.36. 1 II. COMPLIANC>i WITH CITY OI? Cr,NTitAL POIN'i' ML)NICIPAL C{}DI CI~InP•rrlt 1'1': Applicability. Class C variance ~•ecluesls arc those that do not conform to the provisions of Sections 17.13.300 and ] 7.1 x.400 (Class A and Class l3), and that meet the criteria of Section 17.13.500, subsections (A)(1) through {4). A.) Section 17.13.300 Class A and 17.13.00 Class B variances. a. This property does not conform to all fzve approval criteria of a CIass A variance nor does it confor~~~ to the Class B variance requirements both of which az•e required for application of a Class C variance: i. Approval i•equirernents for Section 1713.300 Class A variance, subsection B: l . The variance s-ecluested is required due to the lot configuration, oz• other conditions of the site. Finding: See Exhibit "A". The requested variance is due to requirements set by Jackson county Roads anti Parrs c-mail dated March l3, 2007, requirin; no direct parcel access to Beall Lane. 2. The variance does not result in the removal of trees, oz- it is proposed in order to preserve trees, if trees are present in the development area. Finding: The requested variance has no effect on removal of trees. 3. The variance will not result in violation(s) of any other adopted ordinance or code standard. Each code standard to be modified shall require a separate variance request. Finding: The requested variance would result in violation of 16.3bA40, subsection D: Flag Lots, a maximum of tFVO lots are allowed access from a flag pole. The proposed application due to requirements by the Jackson County Roads department would require three lots access from a flag pole. 2 4. An application for a Class A variance is linrited to one lot per application. Finding: The requested variarrcc would affect tlzrec lots. 5. No zxzoz•e tiratr three Class A variances Wray be approved for one lot or parcel i~t twelve z~ronths. Finding: No variances liavc been requested for this property. ii. Approval requirements for a Section 17.13.400 Class I3 variance, subsection {A){1) through (3}: 1. The Class 13 variance standards apply to individual flatted az~d recorded lots only. Finding; The requested variance is for thY•ec yet to be platted Cots. 2. The Glass B variance procedure shall not be used to modify a standard for lots yet to be created through a partition or subdivision process; such requests shall utilize the Class C variance procedure. Finding: The requested variance is for three yet to be platted lots. 3. A variance shall not be approved that would vary the "permitted rues" or "prohibited uses" of any zoning district. Finding: The requested variance would vary the permitted use of a flag lot laud partition. B.) Section 17.13.500 Class C Variance; subsection (A} (1} through (4} criteria. l . The Class C variance standards apply to individual platted and recorded lots only. Finding: The requested variance is for a platted and recorded lot. 3 2. The Class C variance procedure Wray be used €o modify a sttutclard far three or fewer lots, incluclit7g lots yet to be; creates} through a partition process. Finding: See Exhibit "l3": The reEiltCSte{1 Variance requested is for three to be created lots tltrouglt a tttrnor partition application. 3. An applicant who proposes to vary a standard for lots yet to be created through a subdivision process Waxy not utilize the Class C variance procedure. Approval of a planned unit develop~t~ent shall be rec}uired to vary a standard for Iots yet to be created through a subdivision prczcess where a specific code section does not otherwise permit exceptions. Finding: See Exhibit "I3": The requested Variance requested is far three to be ct•catcd lots through a minor parition application. The attached plat is a gross acreage of 1.19 acres and a five acre tninium is required for a planned unit dcVClopment per Central Paint Municipal Code Chapter 1'7.6$.20. 4. A variance shall not be approved that would vary the "permitter} uses" or "prohibited uses" of a zoning district. Finding: The applicant is creating three single family dewellings pet•tttited under Central Point Municipal Code Chapter 17.20.20, subparagraph A. APPttOVAL PROCESS. Class C variances shall be processed using a Type III procedure, as governed by Section 17.05.400, using the approval criteria in subsection C of this section. In addition to the application requirements contained in Section 17.05.400, the applicant shall provide a written narrative or loner describing his/her reasoning for the variance, why it is required, alternatives considered, and compliance with the criteria in subsection C of this section. Section 17.05.400 subsection C: Approval Criteria. The city shall approve, approve with conditions, or deny an application for a variance based on all of the following criteria: 1. The proposed variance will not be materially detrimental to the purposes of this code, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity; Finding: See Exhibit "B". This odd shaped parcel is a result nse prior to our present day planning standards. Chapte~• 17.20.010-"The purpose of the R-1 district is to stabilize and protect the urban lo~V density residential characteristics of the district while prorrtotittg and 4 encouraging suitable environments for'family life". 7'hc proposed devclopn~cnt is consistent with other clevelopme~~t in dais ~acii;horhood in recent times. It is an infill lot and as stated iar the background discussion is the best that can be done within the li«~itatians of tl~c parent parcel owned by the applica~ats. 2. ,A hardship to development exists which is peel€liar to tl~e lot sire or shape, topography, or other suzailar circumstances related to tl~e property over wlkicl~ tl~e applicant has no control, and which are not applicable to other properties in the vicinity (e.g., the same zoning district); Finding: See Exhibit "13": The applicant purclrased the parcel in this conditions and had no control over the recon~niendation ~Tackson County Roads that no parceC directly access Becrll I.arze. Additonally, this parce[ has no other direct access other than Beall Lane. 3. The use proposed will be the same as permitted under this title, and city standards will be maintained to the greatest extent that is reasonably 13ossible while permitting reasonable economic use of the land; Finding: The applicant is aski«g he be allowed to develop the parce[ denisty as code requires and could not do so ~vitlioui the approval of this application. The applicant's intent is to build three single family residences. 4. 1/xisting physical and €aatural systems, such as but not limited to traffic, drainage, natural resources, and parks, will not be adversel}~ affected any more than would occur if the development occurred as specified by the subject code standard; Finding: See Exhibit "l3": As as requested by Jackson Cou~ity Parks and demonstrated on the attaced plat, the variance actually inzp~•oves traffic conditions off Beall Lane, atad the drainage, natural resources and parks on or around the parcel are not affected by tl~e variance ~•eelucst. 5. The hardship is not self imposed; and Finding: See Exhibit "A": The attached email dated March 13, 2Q07 from Jacksons County Roads department recommends "no direct parcel access to Beall Lane, -vhich is the basis far the applicant requesting the variance. 5 6. Tl~e vaz-ia~~ce xecluestcd is t}~e r~~i~iit3ltu~~ varia~~ce that would alleviate tlac 13ards1lip. (Ord. 1874 ~5(part}, 2006). Finding: See ~xhil3it "13": I'cr the attaclaecl flat as a eonclition for tl~e flag lot partition, the flag pole access is tlic only other drive~vay access fQr the existing hoxx~e. Should you have any fut-ther questions or would like to meet, I can tie reached at 60I 6000. Respectfu ly submitted this 16c~3 day of March 2007. ~~~~, _ ~ Paul Grout Attaclunents Exhibit A: Jackson County Roads E-rn.ail Ex11il?it B: Tentative Partition Plat Paul Groin Exiii~it "A" From: Traffic Traffic (Traffic@jacksnncnunty.org] Sent: Tuesday, March 13, 2p07 2:21 PM To: Paul Grout Subject: Beall Lane ©ewelopment Paul, we recommend no direct parcel. access to 13ea] 1. mane for your t:tzrce-1 air r.esidenti.al. part9.t.zon located west of Snowy Butte Lane. Regards, Eric Niemeyer, PTE ~Tackson County Traffic Engineer 541-779-6230 r L.' ~~ ~ ~ ~ ~/ - _I i 3 rr' iJN _~ ~ I . 43 ~ .wi cJi~il.~I'.t>~i~~ ~~oul''i 1 ~r f;~~;~iL.~~ 1~ r:.. ~~: ~~ ~1 l ! •f !1 ~~~ 1 i~ ~{ ^~ I~ ,M ~ i I ~, f ! ~'~ ~_' JACKSON COUNTY R~ua~ April 12, 2007 Atfen#ion: Connie Glune City of Central point Planning ~ 1 ~ South Second Street Central Point, OR 97502 RE: Sut3division off Beall Lane - a county-maintained road. Planning File: 47103 & 07144; A residential partition. Dear Connie: ~p~(~S ]:ric ~Irmeycr, ~'~ Tr•n~c & 1?evel uprrrant. F.n,~ir,~c r 200 Antolopn E~aad VYhl:e C1ty, 032 P75(J3 PRIOtIik: (565 } 77'4-tl230 I°t~x: {547} 774-H2t35 nk~nl8ysl u~lJ8CIC0 bnCOtint}f.OiQ v<vnv.J as k s v nco u nty.o r{} Thank you for the opportunity to comment on this application for a residential par#i#ioJ~t and variance. The applicant is proposing athree-parcel partition located west of Snowy Butte Lane. Roads has the following commenfis: 1. The applicant shall submit construction drawings to Jackson County Roads and obtain county permits if required. 2. The applicant shall obtain a road approach permit from Roads for the new road approach to Beall Lane. We recorT~mend no direct driveway access to Beall Lane. 3. Please note that Beall Lane (County Arterial} has a variable right-of-way with an Average Daily Traffic count of 8785 as of August 2406 seventy-five yards west of Highway 99. Q~, We recorrimend preserving and enhancing riparian zone with native plan#s. Sincerely, Eric [Niemeyer, PE Traffic & Development Engineer 1:1;~nplnearinglDevafopmentlCET(ESICNTRLF'T1d71 ~3.wpd Attachment "D" FINDINGS OF FACT AND CONCLUSIONS OF LAW File No: 07103 INTRODUCTION In the Matter of a Class C variance to Section 16.36.040 {D} of the CPMC: A maximum of two {2} lots are allowed access from a flagpole. The variance request is in support of a Minor Land Partition, Flag lots {File No. 07144} in the R-1-6 zone district far a 1.02 acre lot located north of Beall Lane. (Jackson County Assessor's Map as 37 2W 1 ODC, Tax Lot 100) 1772 Beall Lane. Applicant: Paul Grout Section 17.13,100 Yariances -Purpose. This chapter provides standards and procedures for variances, which are modifications to land use or development standards that are not otherwise permitted elsewhere in this title as exceptions to code standards. This chapter cannot provide standards to fit every potential development situation. The city's varied geography, and complexities of land development, require flexibility. This chapter provides that flexibility, while maintaining the purposes and intent of the code. The variance procedures provide relief from specific code provisions when they have the unintended effect of preventing reasonable development in conformance with all other codes. The variance procedures are intended to provide flexibility while ensuring that the purpose of each development standard is met. SECTION 17.13.500 Class C variances, A. Applicability. Class C variance requests are those that do not conform to the provisions of Sections 17.13.300 and 17.13.400 (Class A and Class B), and that meet the criteria in subsections (A)(1) through (4) of this section. Class C variances shall be reviewed using a Type III procedure, in accordance with Chapter 17.05: 1. The Class C variance standards apply to individual platted and recorded lots only. Finding 17.I3.500(A)(I); The subject property is Parcel 1 of recorded plat P-54-1996. Conclusion 17.13.500(1): Complies. 2. The Class C variance procedure may be used to modify a standard for three or fewer lots, including tots yet to be created through a partition process. Finding 17.13.500(A)(2): The variance application is to safely create access for the proposed three parcels through the Minor Land Partitioning, Flag Lots {Section 16.36.040 CPMC}. Conclusion 17.13.500(A)(2): Complies. Page 1 of 3 3. An applicant who proposes to vary a standard for lots yet to be created through a subdivisian process may nat utilize the Class C variance procedrare. Approval of a planned unit development shall be required to vary a standard for lots yet to be created through a subdivisian process wltere a specific code section does not otherwise permit exceptions. Finding 17.13.SDa(A)(3}: The variance application is proposed far a partition application for the three parcels through the Minor Land Partitioning, Flag Lots process, not the subdivision process. Conclusion I7.I3.Sd0(A)(3): Not applicable. 4. A variance shall not be approved that would vary the "permitted uses" or "prohibited uses" of a zoning district Finding 17.I3.500(A)(4): The variance is for the purpose of providing ingress and egress for a permitted use, the creation of residential lots in the R-i-6 zone district, The proposed variance does not vary permitted use, nor allow prohibited uses in the R- l -6 zone. Conclusion 17.I3.SOOQA)(4): Complies. SECTION 17.13.500(C). Approval Criteria. The city shall approve, approve with conditions, or deny an application for a variance based ott all of the foClowing criteria: 1. The proposed variance will not be materially detrimental to the purposes of this code, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity; Finding 17.13.500{C) (1): The proposed variance is to provide three parcels access via the flagpole. Beall Lane is designated as an arterial street and for the purpose of safety to the public, Jackson County Roads is restricting direct access onto Beall Lane. The current driveway is located on the eastside of the property resulting in any future residential development to be located closer to the identified floodplain of Griffin Creek. The need for this variance is due to Jackson County Roads recommendation that no direct access onto Beall Lane be designed Conclusion I7.I3.500(C)(1)): The proposed variance would not be materially detrimental to the purpose of this code. 2. A hardship to development exists which is peculiar to the lot size or shape, topography, or other similar circumstances related to the property over which the applicant has na control, and which are not applicable to other properties in the vicinity (e.g., the same zoning district); Finding 17.13.500(C)(2): The recommendation for the third parcel to access from the flagpole was made by Jackson County Roads, Attachment "C" of staff report dated May Page 2 of 3 1, 20Q7. The City Public Works concurs with this recommendatian that Parcel One take access from the flagpole, rather than maintaining a separate access onto Beall Lane. The variance is due to the classification of Beall Lane as an arterial street. Conclusion 17.13.500{C)(2): The applicant has submitted an application in conformance with recommendations made by Jackson County Roads. 3. The use proposed will be the same as permitted under tkis title and city standards will be maintained to the greatest extent that is reasonably possible while permitting reasonable economic use of the land; Finding 17.13.500(C} {3): The use proposed is residential lots that are a permitted use in the R-1-6 zone. All future structural development must meet setback, structure height and building code requirements. Code compliance of future development can be monitored during the building permit review process. Conclusion 17.13.500{C)(3): The intended use of the land is for residential use as permitted in the zone. 4. Existing physical and natural systems, such as brit not limited to traffic, drainage, natural resources, and parks, will not be adversely affected any mare than would occur f the development occurred as specified by the subject code standard; Finding 17.13.500(C} {4}: The variance is due to the classification of Beall Lane as an arterial street limiting ingress/egress points for traffic safety. Conclusion: Variance is found to be consistent with the criteria set Earth in 17.13.500(C) (4). S. The hardship is not self-imposed; and Finding 17.13.500(C) (S)}: The variance is due to the recommendation by Jackson County Roads that the third parcel, Parcel One, access from the flagpole. The recommendatian is founded in the classification of Beall Lane as an arterial street. Conclusion 17.13.500{C} {5}: The variance is in conformance with recommendation made by Jackson County Roads. 6, The variance requested is the minimum variance that would alleviate the hardship. (Orrl; 1874 ~S(part), 2006). Finding 17.13.500{C} {6}: The variance request to the number of parcels that take access from a flagpole is the minimum variance to be considered to meet the recommendations by Jackson County Roads and the City Public Works concurs with this recommendatian. Conclusion 1713.500(C }(6): Complies Page 3 of 3 9 ~ ~~ ~ 1 M 1 G 6 R9 9 4~ ~.,.~~~,e,. PLANNING COMMISSION ItESOIlU'TION NO. A RESOLUTION `I'O APPROVE A CLASS C VARIANCI~ TO TIIF.. NUMBER OF LOTS THAT ARE ALLOWED TO TAKE ACCESS FROIVI `I'IIE `T'WENTY (20) FOOT FLAGPOLE EASEMENT FILE N0.07103 Applicant, Paul Grout 37S 2W IODC, Tax Lot 100, 1772 Beall Lane. WHEREAS, the Applicant submitted an application For a Class C Variance to the number of lots that are allowed to take access froze the 20 fl. flagpole easement as recommended by Jackson County Roads in preparation for a three lot partition oz~ property identified on Jackson County Assessor's as map 37S 2W 1 ODC, Tax Lot 100, 1772 Beall Lane in the City of Central Point, Oregon; and WHEREAS, the property is currently in the R-1-6, Residential Single Family zoning; district and the variance application as requested is consistent with the criteria of Section 17.13.500; and WHEREAS, on May 1, 2007, at a duly noticed public hearing, the City of Central Point Planning Commission considered the Applicant's request for a Class C Variance; and WHEREAS, after duly considering the Applicaz~zt's request, it is the Planning Commission's detez-mination that the Application does comply with the applicable standards, criteria and subject to compliance with conditions as set forth in the Planning Department Staff Report (Exhibit "A") dated May 1, 2007; now therefore BE IT RESOLVED, that the Planning Commission for the City of Central Point, Oregon, by this Resolution No. hereby approves the Application based on the findings and conditions of approval as stated in Exhibit "A", the Planning Department Staff Report dated May 1, 2007, which includes attachments, attached hereto by reference and incorporated herein. PASSED by the Planning Commission and signed by zee in authezatication of its passage this day of May, 2007. Planning Commission Chair Planning Con~n~zission Resolution No. _ {5/112007) ATTEST: City Representative Approved by me this day of May, 2007 Planning Coznznission Chair Pla~~~ling Corn~nissio~a Resolutio~~ No. (5/l/2007)