HomeMy WebLinkAboutResolution 698 - Hillyer Non-conforming Use
PLANNIN(:1 C()MMl~~lt)N i'ESQI.,UTIC)N NG. '
A SOLUTION GRAN"I"IN(, ,11'1'12tJV,~I: I C)I~ ;~ "T"~Pf: ~1.1~'c)iti'(•tJ~I'C~R`~11?~(.~ t.T~l'
CLASSIFICATION" FOIE. ,~~ wl;\'(;1,1 1 .~1~111.Y IZI;~f171~:NTIAI, ~"I 1zC~C"I'13I~I~ ~~vllll 1'l:..lrr.,
E~IS'T~ING C'<)Vi~,it'i~;D Of~~l~~_S'1"~l~l~:"C LIMIT,"I ltd
r !'~hl,licant (~~ : f7an~iaa 1 iilivcr)
(~7 W p31~r^r, Tai La~t 42~f1 _ GS Cr~atcr T,~ane)
[~~c~itr~~~
1. Applicazttresicles in a sink~.lc liirt~iltrzesiclcntial structure; ~~l~c:rc a sinrlr: carg~~.xa~;e. acct tiic
mixzimuxn ate=street iaarking xcclrrircrz7~rit at time- c~fcanstrtrcti~~rt. Prtiasc°rzt c°ade requii•e~s drat r,1'i=
street covered pstr~iilg be upt;r~aciccl t~~ presca3t startClarcl ~whcn builciin~; is cz~Iarged. /1i7plicartt his
requested to have the existix~~, hr~mc rt°cl<~si iicci to a Tyi~c "A" nancar~f«rmin ~zsz: a~ ~t ~~c~t3cdy
far the U.17 acre parcel located per hroherty iderrti iic~ b}~ Jackson Cau~~ty as Aecot~rtt 1 U l ~~$S-'til
in the City of Central Paint, Ore~7,e>». "1'hr: z c:cl~z~ya tie`.~~tian will. allati~ the single 1`arn i 1} rc~icicntial
structure to be expanded with the hreserat cc~~zditicrns since the findings c~frecarcl dcatonsti<rte that
present site conditions are inadequate to accazrtrnadate additional off-street covered pcti~l;in,~.
2, On, May 23rd, X006, the Central. Paint Planning Canamission canducteci <z duly-noticed
public hearing an the application, at which tune it reviewed the City staff re;i~r~rts and heard
testirnarty and comments an the application.
Now, tlte~~eforc,
BE IT R.ESOLVEI7 B"Y THE PLANNING COMMISSION OF THE CITY OF CENTRAL
POINT,. OREGON, AS FOLLOWS..
~ectian 1. Cxite_r•ia A~plica~le io Decision. The follawizt~ chai~tcrs of the Central Paint
Municipal Cade apply to this <rpplicatiort:
A. Chapter 1.7.64, Off-Street Parking and Landing
I3. Chapter 17.56, Nonconforming Uses
S4ctian_2_ Titiclin;~_~i~cl Conclusions. The Planning Ca issian hereby adapts by
reference all Ilttdirtg4 affaet set Earth in the City staffreparts, and cc~neh~des that, except where
adclr•cssecl in the cuztditicaxts of approval, the applications and propas~zl camplt~ with the
recluixements afthe fallowing chapters of tl~e Central Paint Muzxicilt<rI Grade:
A. Chapter 17.64, relating to parking reclureztzents when structures are enlarged, required
number of aff~street parking spaces.
Planning Ca issian Resolution Na. ~ ~ _ (OSC23/2006~
B. Chapter 1.56, rcI<ttin~~ ~a the crilc3~i~~ ~tc~r wl~i~;h ~. ~°,,~.~ ~ ,~~~~.t~~tion to ~ Class "A"
Ii€?T1COtlfOrrCl111~'us~ 11~£iti% }~C ~i'FU7teC1.
Section 3~ C~~i~t(iti~~nal ~1~~~~rt~v.~l. ~I'hc ~z}71~1ic<tti~,i7s f~>r rcclutisi [ic<lti<~~~ u1~ existii3~~
-_
structure herein is hereb~~ ap~~r~wccl, su(~ject [o the c~~nciitioits set ~`o~~th o~~ l;x'hihits "A", ~~t1~icl~cc~
hereto by reference incorporalcd l~erci~~, inaht~sec! tuulc~~ uu~ht~~~ity of'C1'MC Chapter 17.56.
Passed by the 1'tar~aiir~g Commission ~incl si~r~ac~~l b~ t1~e iii auilte»tic'afion of'its ~~~~~~ ;~;~,,
this _ day of May,. 20136.
1'~~~hnii~~~ {~,C~11iz1~1i~:>ic~~116..~ltiir
ATTEST:
r
City l~.e~l~r~ s~.itaiiv~:
Approved by me thi:~ ~ ~ ~ day vi___®- _ , 2006.
,~ 1
P1K~l~;iiin:-~ Commission ~''hait~ --
planning Commission Resolutionl'~Ta. _ {0512312006
Ex~ffB~T `d A "
Planning Department
STAFF REPORT CENTf\!"1L Ton~hiump}~rey,A1CP,
P~N I Community Development Director/
Assistant City Administrator
STAFF REPORT
May 23, 2006
AGENDA ITEM: File No. 06077
Consideration of a request for Class "A" Nonconforming structure designation, in the Residential (R-1 }
Zoning Dzstrict on Property ldentifzed as Tax Lot 37 2W 03DA, X1200, 55 Crater Lane; Damion Hillyer,
Applicant.
STAFF SOURCE:
Lisa Morgan, Planning Technician
BACKGROUND:
The applicant proposes to make an addition to the home located at 5S Crater Lane. Presently the
property is a Class "B" Legal non-conforming use by default and has submitted an application to have
the property reclassified to a Class "A" Legal non-conforming use to move forward with the addition.
The house by default is a Class "B" Legal nonconforming structure because of the single car garage.
When the house was constructed in 1959, a single car garage was corrzpliant with the requirements at
that time. Many of the homes in the neighborhood have a single car garage; therefore approving this
reclassification would not change the existing character or be detrimental to the surrounding
neighborhood. The subject structure is identifed in the neighborhood photographs. (Refer to Exhibit
"B"} The present code requires two off street covered parking spaces for single family residences.
Because of the size of the lot and location of the existing structure, the applicant would not be able to
provide an additional covered parking space on the side yard and meet the building setbacks. The
current side yard setback on the garage side is 8'. To add an additional parking space on the garage
would require approximately 9 more feet. The current side yard setback for this zoning district is 5' far
the first 1 S' in height.
There have been two other reclassification applications submitted for property located on this street.
Both applications were approved.
The proposed addition is in accordance with all other applicable codes for lot coverage, setbacks and
height. (Refer to Exhibit `C'}
FINDINGS:
The applicant's f ndings of fact (Refer to Exhibit "A"} address the approval criteria for a
reclassification as set forth in Section 17.55.030 which state that "all nonconforming uses and structures
within the City of Central Point shall be classifred as either Class A or Class I3 nonconforming uses,
according to the following criteria: ". The applicant has done a satisfactory job of addressing the criteria,
which Planning Staff concurs with. Staff findings can be found on Exhibit "D"
65 Crater Lane Reclassification Page 1 of 2
EXHIBITS:
Exhibit "A" -Applicants' Correspondence/l`indings
Exhibit "B" ~ Neighborhood phatogz-aphs
Exhibit "C" -Applicants' Site Plan
Exhibit "D" - Staff Findings
Exhibit "E" -~ Building Department Addition Requirements
Exhibit "F" -Proposed Resolution
ACTION:
Consideration of a request for a Class `A' Legal nonconforming designation for the existing structure
located at 37 2W 03DA, Tax Lot 4200 also known as 6S Crater Lane.
1.) Consideration of Resolution No. ,Approving the Reclassification of the existing home.
RECUMMENDATI~N:
Approval of Resolution No.
SS Crater Lane Reclassification Page 2 of 2
ATTACHMENT "~__'
In response to 17.56.030 "Classification Criteria"
1. Continued usa e of the existin ro ert will not be contrar to ublic heal#h
safet or welfare to the s irit of this title. This is a residential site and is used as a
single family dwelling.
2. The continued maintenance and use of the ro ert will not de ress the vahte of
ad'acent ro erties nor will it interfere with the future ossible develo meat of
the homes.
3. The use of the structure was lawful at the time of its ince tion and it has not and
will nod serve as anythin~but a single family dwelling
4. The ro ert is not surrounded b an area in which there could be ma'or rowth
this is an established nei hborhood. This nei hborhood is not reasanabl ex ected
to ~o under development during the next fzve ,, e
5. The ro ert is structural) sound and well maintained. The ro ert is occu ied
and used for a single family dwelling, its original intent.
6. Continuance of this nonconformin use will not in an wa dela or obstruct the
develo ment or establishment of an ad'aeent ro ert or ro erties.
To whom it may concern,
I am wanting to add approx 400 square feet to the back northern portion of my home. We
will be extending out one of our rooms to make it a master bedroom wish full bath. This
will by no means affect parking on our street and will still leave my RV parking
available. This addition will up the value of my home as well as the other houses in the
neighborhood. Most of the addition will be in the very back and will not disrupt the
normal neighborhood type housing look. Please accept my request for this addition.
Thank You
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ATTACHMENT "~
Staff Findings
Reclassification Application
Applicant: Damian HiIlyer
Property Address: 65 Crater Lane
Central Point Munici aI Cade Classification Criteria
17.56.030 (A) All nonconforming uses and structures within the City of
Central Point shall be classified as either Class A or Class B
noncan ormin uses, accordin to the olloznin criteria:
17.56.030 {A) (1) Continuance of the existing use or structure zi~ould not he
contrary to the public health, safety or xi~elfare, or to the
spirif of this title;
Findings: The existing home will continue to be used
as a residence. Most of the homes located on Crater
Lane have single car garages and therefore the
reclassification to build an addition would not be
contrary to public health, safety or welfare and meets
the s irit and ur ose of this title.
17.56.030 {A) {2} The continued maintenance and use of the nonconforming
propertf is not likely to depress the values of adjacent or
nearby properties, nor adversely affect their development
potential in conformance with present zoning;
Findings: The applicant wanting to build an addition
to the existing home demonstrates the willingness far
continued maintenance of the property. With two
other reclassification applications beimg approved on
this street, approval of this application would not
depress the values of adjacent or nearby properties,
and if fact contribute to increasing the value of homes
on Crater Lane. Since other properties are adding to
their existing homes in the immediate neighborhood,
it is unlikely that approving this application would
adversel affect an otential new develo ment.
17.56.030 (A) (3) The use or structure was lazvful at the tune of its inception
and no useful purpose would be served by strict application
of the provisions ar requirements of this chapter with which
the use or structure does not conform;
Findings: This home was built in 1959, as mast of the
homes built on this street. At the tune only single car
garages were required, therefore was lawful at the
time it was constructed.
17.56.030 (A) (4) The property is not predominately surrounded by
conforming uses or structures and, considering current
awth and develo meat trends is not reasanabl ex ected to
come to developrnerzt pressures during the next five years;
Findings: Since other homes on this street are adding
onto their existing homes, it is very likely that other
homes on this street will do the same thing, rather
than redevelo in .
17.56.03U {A) (~) The properhj is structurally sound, welt-maintained, and
occupied and used for the purpose for ztriziclx is 7c~as designed;
Findings: The building department will require
proa~ that the existing home is structurally sound and
adequate to build an additian. The addition will add
to existing living area, and will continue to be used
as a sin le Tamil residence.
17.56.030 (A) (6) Continuance of this nonconforming use wilt not in any way
delay or obstruct the development or establishment of
conforming uses on the subject property or on any adjacent
or nearby properties in accordance with the provisions of the
zoning ordinance;
Findings: The proposed addition meets the setback
and lot coverage requirements as required under
CPMC 17.20, and will not obstruct development on
____ _~acent Pro ernes.
ATTACHN~E~T " ~
City of Central Point, Oregon
1Q0 So.7hird St.,Centrai Paint, Or 97562
541.664.332] Fax 541.664.b384
www.ci,centrai-poirtt.or.us
Building Department
Lois Qei3ertedetti,i3uildingdfficial
CITE'' OF CENTRAL POINT
BUILD~I'~G DEP.ARTM~NT
A GUIDE FOR SUBMITTING PLANS FOR A.DI3ITIONS TO A RESIDENCE
This pamphlet provides guidelines for confzactors and homeowners constructiiag an addition to a
residence that if followed, will mare plan submittal and permit issuance a more streamlined process.
Listed below are the types of permits that maybe required depending upon the complexity of the
project:
• A building perrnit is required for the construction of the structural elements of the
addition.
• An electrical permit is required for all electrical installations.
• A mechanical permit is required for installations of all elements and appliances
associated with heating and air conditioning or ventilation.
• A plumbing permit is required for the installation of all elements and appliances
associated wzth plumbing.
wH~R~ To APPLY PoR PER~~Ts
Apply for permits at the Building Department located at 140 S. Third Street, Central Point, 97502.
Off>.ce hours are Monday through Friday 9:00 a.rrt. to 5:00 p.~n.; telephone number is
{541} 664-6325 ext. 250.
VVI3AT T4 BRING POR T~~ PERMIT APPLICATICIN~
't'hree copies ofthe addition's drawings must be submitted in ink. All structural and architectural
elements must be completely detailed and included on a comprehensive set of plans. The drawings must
be to scale showing all dimensions. The minimum acceptable scale is 118 inch = 1 foot. The following
infozmation must be included, if applicable:
• Plot Plan
• Floor Plan {show dimensions, header sizes, etc.)
• EIevations (front, sides, and rear)
• Foundation Detail and Wall Section
• Roof P1an/Trtzss Plan
SEE T~~r ATTACHED DETAIL AND 1[NFOFZNIiA'~'>l4N
WREN AND WHERE TO CALL rOR INSPECTIONS
It is the responsibility of the permit holder or the permit holder's representative to notify the City of
Central Point Building Department when the stages of construction are reached that require inspections.
The automated inspection request telephone ~xamber is {S~l} 6G~-0700. This nurnbcr can be reached 24
hours a day, 7 days a week.
TXPICAL REQXJIRED INSPECTIONS
Foundation Inspections {before concrete is placed)
• Rough Plumbing Inspection
Floor Joist Inspection
Underfloor Mechanical Inspection
• Rough Electrical Inspection
Topout Plumbing Inspection
Frame and Mechanical Inspection
• Final Electrical Inspection.
Final Plumbing Inspection
Final Building and Mechanical Inspection
'•Lesidential Additions ITandon£- Revised Otla6 2
IOW Al~l~i1ON
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CENTRAL POINT, OR 97502
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