HomeMy WebLinkAboutResolution 682 - Cloverleaf - Neslon=f ~ ~'~
PLANNING COMMISSION RESOLUTION NO. 6$2
A RESOLUTION GRANTING APPROVAL FORA "TYPE A NONCONFORMING USE
CLASSIFICATION" FOR A SINGLE FAMILY RESIDEN"I'IAL S'I"RUC`I'URE WITH PRE-
EXISTING COVERED OFF-STREET LIMITATIONS
(Applicant (s) :Cloverleaf Construction/ Perry & Carolyn Neslon}
(37 2W 03DA, Tax Lot 3200 - 40 Crater Lane}
Recitals
1. Applicant resides in a single family residential structure where a single car garage met the
minimum off street parking requirement at time of construction. Present code requires that off-
street covered parking be upgraded to present standard when building is enlarged. Applicant has
requested to have the existing home reclassified to a Type "A" nonconforming use as a remedy
for the 0.19 acre parcel located on property identified by Jackson County as Account 1013$742
in the City of Central Point, Oregon. The reclassification will allow the single family residential
structure to be expanded with the present conditions since the f ndings of record demonstrate that
present site conditions are inadequate to accommodate additional off-street covered parking.
2. On, December 6, 2005, the Central Point Planning Commission conducted aduly-noticed
public hearing on the application, at which time it reviewed the City staff reports and heard
testimony and comments on the application.
Now, therefore;
BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF CENTRAL
POINT, OREGON, AS FOLLOWS:
Section 1. Criteria Applicable to Decision. The fallowing chapters of the Central Point
Municipal Cade apply to this application:
A. Chapter 17.64, Off Street Parking and Loading
B. Chapter 17.56, Nancanforming Uses
Section 2. Finding and Conclusions. The Planning Commission hereby adopts by
reference all f ndings of fact set forth in the City staff reports, and concludes that, except where
addressed in the conditions of approval, the applications and proposal comply with the
requirements of the following chapters of the Central Point Municipal Code:
A. Chapter 17.64, relating to parking requirements when structures are enlarged, required
number of off-street parking spaces.
Planning Commission Resolution No. 6$2 (1 210 612 0 0 5)
B. Chapter l'7,56, relating t« tl~c~ criteria Ii~r which a reclassification to a Class "~"
noncranforrnit~g use may i?c ~rti~~tcci.
~ectiun 3. Ct~n<iitionai ~~~~~~~c>~~al. "1~jae application, 1;ar~~rccl~~si(icatic~r~ c>rai~ c;xistii~~T
structure herein is hereby a~~p~'c~ved, ,i~l~j~ct to the conditic~~~s set fortis o~~ l~xl~ibii~; "~", <ittachrd
hereto by reference incorporated herei~~, imposed under authority of CPMC t_'1~~ll~tt:r 17.56.
Passed by the Planning Commission <irlci signed by me in atztet~tication of its passage
this 6th day of lJecember, 2005.
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Approved by me this 6`~` day of December, 2005.
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Planning Commission Resolution No. 682. (12106f2005)
Planning Department
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STAFF REPORT CENTRAL TomHurnphrey,AICP,
P~~ NT Community Development Director/
Assistant City Administrator
STAFF REPORT
December 6, 2005
AGENDA ITEM: 06032
Consideration of a request for Class "A" Nonconforming structure designation, in the Residential (R--1)
Zoning District on Property ldentifed as Tax Lot 37 2W 03DA, 3200, 40 Crater Lane; Perry & Carolyn
Nelson, Applicants.
STAFF SOURCE:
Lisa Morgan, Planning Technician
BACKGROUND:
The applicants have submitted an application to have their property reclassified from a Class "B" Legal
non-conforming use, to a Class "A" Legal non-conforming use.
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 compliant 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 outlined in red, and is identified as Figure 3. {Please refer to
Figures ~. - 4) The present code requires two off street covered parking spaces for single family
residences.
Figure 1
Figure 2
Figure 3 Figure 4
40 Crater Lane Reclassification Page l of 2
2l~s
Because of the shape of the lot and location of the existing structure, the applicant would not be able to
provide an additional covered parking space and meet the building setbacks. The current side yard
setback on the garage side is 10'2". To add an additional parking space on the garage would require
approximately 9 more feet. The current side yard setback far this zoning district is S' per story. To add
additional tandem parking space to the front would bring up two issues: 1. It would not meet the front
yard setbacks; and 2. It would certainly change the existing character of the neighborhood. (Please refer
to Attaehznez-t `C'}
Additional background on the house is that it has an addition that was added in the 1970's. Per the
applicant, this addition was built to code, however the appropriate permits were not taken out for this
addition. The applicant's intention is to replace the 30+ year addition with an all new addition
consisting of a master bedroom, bath and great room. The proposed addition is in accordance with all
other applicable codes for lot coverage, setbacks and height. (Please refer to Attachment `B'}
FINDINGS:
The applicant's findings of fact (Exhibit "A") address the approval criteria for a reclassification as set
forth in Section 1'7.56.030 which state that "all nonconforming uses and structures within the City of
Central Point shall be classified as either Class A or Class ~ nonconforming uses, according to the
following criteria: ". The applicant and agent have done a satisfactory job of addressing the criteria,
which Planning Staff concurs with.
EXHIBITS:
Exhibit "A" -Applicants' Findings/Agent Letter
Exhibit "B" -Applicants' Site Plan & Elevations
Exhibit "C" -Lot Configuration
Exhibit "D" -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 3200 also known as 40 Crater Lane.
1.} Consideration of Resolution No.1p$Z .s Approving the Reclassification of the existing home.
RECOMMENDATION:
Approval of Resolution No.
40 Crater Lane Reclassification Page 2 of 2
`fi'r
ATTACHMENT "~„"
40 Crater Lane,
Central Point, OR 97502
Application to Reclassify a Type "B" Nonconforming Use to Type "A", Findings:
17.56.030 Classification Criteria. All nonconforming uses and structures within the
city of Central Point shall be classified as either Class A or Class B
nonconforming uses, according to the following criteria:
A. Properties containing nonconforming uses or structures may be designated
Class A by the planning commission based upon findings that all of the
following criteria apply:
1. Continuance of the existing use of structure would not be contrary to
the public health, safety or welfare, or to the spirit of this title;
The existing use of the structure, which is single family residential,
would continue with no changes, and would not in any way be
contrary to the public health, safety or welfare, or to the spirit of
this title.
2. The continued maintenance and use of the nonconforming property is
not likely to depress the values of adjacent ar nearby properties, nor
adversely affect their development potential in conformance with
present zoning;
The continued maintenance and use of the nonconforming property
with the planned addition would not depress the values of adjacent
or nearby properties nor have any effect on their development
potential with present zoning. On the contrary, the planned
addition would improve the property value of the home in question,
and therefore the values of the nearby homes.
3. The use or structure was lawful at the time of its inception and no
useful purpose would be served by strict application of the provisions
or requirements of this chapter with which the use or structure does not
conform;
At the time the home was built in 1959, aone-car garage was the
standard and was lawful. There is no way to build a second
covered parking area in an attractive fashion because of the
placement of the house an the lot. There would be no useful
purpose served by a strict application of that provision.
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4. The property is not predomitaantly surrounded by conforming uses ar
structures and, considering current growth and development trends, is
not reasonably expected to come under development pressures during
the next f ve years;
This house is part of a 1959 subdivision, and the surrounding
homes also have one-car garages. The homes are well-maintained
and there is no reason to think that the area will be under
development pressures during the next five years.
5. The property is structurally sound, well-maintained, and occupied and ~ -~- ..
used for the purpose for which it was designed.
The home is well_maintained and attractive, is occupied by one
family, the purpose far which it was designed.
6. Continuance of this nonconforming use will not in any way delay or
obstruct the development or establishment of conforming uses on the ` 'l`
subject property or on any adjacent or nearby properties in accordance _ - ~-
with the provisions afthe zoning ordinance.
Allowing these homeowners to enlarge their home without adding
additional covered parking will not delay, obstruct, or have any
impact on the conforming uses of the property (single family ~"~~' '
residential,) or on adjacent or nearby properties in accordance
with zoning ordinance.
Z9
CLOVERLEAF
CONSTRUCTION
Voice: (549} 899-9698
Fax: {549} 899-9015
Cell: (549} 890-3037
November 9, 2005
City of Central Point
Planning Commission
155 S. 2°d St.
Central Point, OR 97502
RE: Project Description Letter, 40 Crater Lane, Central Point
Application to Reclassify a Type "B" Nonconforming Use to Type "A"
Dear Planning Commission Officials:
The project in question involves replacing an existing and aging addition at the back of the home
(built without a permit 30+ years ago) with a slightly larger addition built to code. The
dimensions of the planned addition. would be 46' 3"wide by 14' 0" deep. The addition would
add a great room, master bedroom and master bath to the existing home, finished with matching
vinyl siding and trim. The existing home currently has cone-car garage.
At the time the subdivision was built (1959), this home and adjacent /nearby homes were all built
with one-car garages, the standard of the day. We are requesting a reclassification to Type "A"
so that the original building requirements would be the current building requirements, i.e. no
requirement to provide a second covered parking space. This reclassification would have no
detrimental affect on the subject home or the neighborhood. On the contrary, the reclassification
would allow the Homeowners to upgrade the existing addition, which was not built to the
standard of the original home. The planned addition would improve the value of this home and
would also add to the general home values in the area. The home is well maintained, as are the
other homes in the area,
Sincerely,
.. ~ }
Lee 3.0'Driscoll
P.O. Box 1089 ~ Jacksonville, OR 97530 • CC14 #136847
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ATTACHMENT "~"
PLANNING COMMISSION RESOLUTION NO. 682
A RESOLUTION GRANTING APPROVAL FORA "TYPE A NONCONFORMING USE
CLASSIFICATION" FOR A SINGLE FAMILY RESIDENTIAL STRUCTURE WITH PRE-
EXISTING COVERED OFF-STREET LIMITATIONS
(Applicant (s) :Cloverleaf Constructian/ Perry & Carolyn Neslon)
(37 2W 03DA, Tax Lot 3200 - 40 Crater Lane}
Recitals
1. Applicant resides in a single family residential structure where a single car garage met the
minimum off street parking requirement at time of construction. Present code requires that off-
street covered parking be upgraded to present standard when building is enlarged. Applicant has
requested to have the existing home reclassified to a Type "A" nonconforming use as a remedy
for the 0.19 acre parcel located on property identif ed by Jackson County as Account 10138742
in the City of Central Paint, Oregon. The reclassification will allow the single family residential
structure to be expanded with the present conditions since the findings of record demonstrate that
present site conditions are inadequate to accommodate additional off-street covered parking.
2. On, December 6, 2005, the Central Point Planning Commission conducted aduly-noticed
public hearing on the application, at which time it reviewed the City staff reports and heard
testimony and comments on the application.
Now, therefore;
BE IT RESOLVED BY THE PLANNING COMMISSION Oh' THE CITY OF CENTRAL
POINT, OREGON, AS FOLLOWS:
Section l . Criteria A licable to Decision. The following chapters of the Central Paint
Municipal Code apply to this application:
A. Chapter 17.64, Off-Street Parking and Loading
B. Chapter 17.56, Nonconforming Uses
Section 2. Findin and_Concl_u_ lions. The Planning Commission hereby adopts by
reference all f ndings of fact set forth in the City staff reports, and concludes that, except where
addressed in the conditions of approval, the applications and proposal comply with the
requirements of the following chapters of the Central Point Municipal Code:
A. Chapter 17.64, relating to parking requirements when structures are enlarged, required
number ofoff-street parking spaces.
Planning Commission Resolution No. 682 (1210612005}
~~
B. Chapter 17.56, relating to the criteria for which a reclassification to a Class "A"
nonconforming use maybe granted.
Section 3. Conditio_naI AnprovaI. The applications for reclassification of an existing
structure herein is hereby approved, subject to the conditions set forth on Exhibits "A", attached
hereto by reference incorporated herein, imposed under authority of CPMC Chapter 17.56.
Passed by the Planning Commission and signed by me in authentication of its passage
this 6th day of December, 2005.
Planning Commission Chair
ATTEST:
City Representative
Approved by me this 6'h day of December, 2005.
Planning Commission Chair
Planning Comrr~ission Resolution No, 6$2 {12/0612005}
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