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HomeMy WebLinkAboutResolution 417 - Malot Variance PLANMNG COMMISSION RIaSOLUTION NO. 417 A RESOLUTION GRANTING A VARIANCE ( Applicant: Tam Malot, 101 S Suzarise Way) { 37 2W 02BC "I'ax Lot 1 S 18) Recitals This matter came before the Planning Commission for hearing on March 17, 1998, an applicant's request for a variance. Mr. Malot zequested a Variance from the special setback requirements on North Tenth Street which is identified as a secondary arterial in the Central Point Comprehensive Plan. CPMC i 7.60.090 requires that structural development along secondary arterials maintain a minin~zizn setback of GO feet measured from the centerline. The distance fron7 the N. 10th Street centerline to the proposed dwelling is only S2 feet requiring a variance of 8 feet. The Planning Commission reviewed the application and the City staff report, and received coznznents from all persons wishing to be heard in favor of and opposed to the application. Now, therefore; BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF CENTRAL POINT, OREGON, AS FOLLOWS: Section_l. Criteria Applieable•to Decision. The following chapters of the Central Point Municipal Code apply to this application: A. Chapter 17.28.010 - R-3, Residential Multiple-Family District B. Chapter 17,80, Variances. C, Chapter 17.60.090 Special Setback Requirements D. Chapter 17.60.120 Clear Vision Triangle_Measurement E. Standard Specifications/Public Works Department F. Central Point Comprehensive Plan Section 2. Findings and Conclusions. The Planning Commission hereby adopts by reference alI findings of fact set forth in the City staff reports, and concludes that the applicant has demonstrated compliance with the requirements of CPMC Chapter 17.80, pertaining to variances. Section 3. Variance Granted. Applicant is hereby granted approval for the requested variance of 8 feet from the required 60 foot special setback requirement as stated in CPMC 17.60.090, allowing a structure to be built S2 feet from the centerline of North 10t1~ street. Passed by tl~e Planning Commission and signed by me in authentication of its passage this `~"~"'~- day of , 1998. L~-~' Planning Commission Chairman I -PLANNING COMMISSION RESOLUTION NO. __~~ (031798) ATTEST: City Representative Approved by zxze this ~~'~` day of , 1998. C~,~ 1'lanz~in~ Coznznission Claair 2 -PLANNING COMMISSION RESOLUTION NO. ~ 1 ? (03I798} F EP HEARING DATE: March 17,199$ TO: Central Point Planning Commission FROM: Tom Humphrey, AICP Planning Director SUBJECT; Public Hearing -Variance from the special setback requirements of CPMC 17.60.090 and consideration of clear vision requirements of CPMC 17.60.120 at 1015 Sunrise Way (37 2W 02BC Tax Lot 1518) licant/ caner; Tom Malot Construction Company 650 E. Pine Street Central Point, QR 97502 .A~ent: Same ~ummarY: The applicant Tom Malot has applied for a Variance from the special setback requirements for secondary arterial roadways. The subject parcel is zoned R-3, Residential Multiple-Family. Authority CPMC 1.24.050 vests the Planning Commission with the authority to hold a public hearing and render a decision on any application for a Variance. Notice of the Public Hearing was given in accordance with CPMC 1.24.060. ~nlieable,Law: CPMC 17.2$.010 et seq. - R-3, Residential Multiple-Family District CPMC 17.$0.010 et seq. -Variances CPMC 17.60.090 Special Setback Requirements CPMC 17.60.120 Clear Vision Triangle- Measurement Standard Specif rations/ Public Works Department Central Point Comprehensive Plan iscussion: Tom Malot is requesting a Variance from the special setback requirements on North Tenth Street which is identif ed as a secondary arterial in the Central Point Comprehensive Plan. CFMC 17.6D.090 requires that structural development along secondary arterials maintain a minimum setback of 60 feet measured from the centerline. The distance from the N 10th Street centerline to the proposed dwelling is only 52 feet requiring a variance of 8 feet (refer to Exhibit A). The stated reasons for special setback requirements are to afford better light, air, and vision on more heavily traveled streets and to permit the eventual widening of streets. J .. 1J CPMC 17.64.120 and the Standard Specifications of the Public Works Department also require that development along secondary arterial roadways maintain a vision triangle of SS feet. The applicant has satisfied this requirement at the intersection of Sunrise Way and N 10th Street but an adjoining neighbor has raised the issue of sight distance from the driveway at 364 N 10th (see Exhibit F). The Public Works Standards and Specifications do appear to apply to driveways (property access) as well as intersecting streets. -However it is unclear to staffwhen the Clear Vision Area should be applied and from what point in the driveway the sight distance should be measured. The Public Works document states that, "Clear Vision Areas shall be established when designing and constructing intersections with streets, driveways or alleys (see Exhibit G). Measuring the clear-vision area from the centerline of the neighbor's driveway it appears that neither the neighbor nor Mr. Malot would meet the City's criteria. It is s#aff s beliefthat front yard setbacks are intended to provide an unobstructed view of City streets from which property is accessed. indin s of ct & onclusions of aw CPMC 17.84.010 stipulates that the Planning Commission may grant a Variance if findings are made that the following considerations will either result from the granting of the Variance or do not apply to the requested application: The Variance will provide added advantages to the neighborhood or the city such as beautification or safety; ~ The applicant has sta#ed that approval of a variance would turn a potentially unbuildable lot into an additional housing site and that the design satisfies the SS' sight triangle setback at the intersection of Sunrise Way and N 10th Street (refer to Exhibit "C"). ~ According to the Public Works Department, the City has no Iong range plans to require more right-of--way or to widen the east side of N 10th Street between Sunrise Way and Cherry Street. 2. The Variance will not have any significant adverse impacts upon the neighborhood; ^ A neighbor at 354 North Tenth Street has enclosed a letter expressing concern about the sight distance from her driveway (Exhibit "F") for the Commission to consider. ~ The applicant has submitted a list of twelve dwellings (within one block of the subject property) from which existing setback measurements were anode. Three of the twelve or 25% meet or exceed the special setback requirement (see Exhibit "E"). 3. The Variance will utilize property within the intent and the purpose of the zoning district: ^ The proposed residence is Iocated in an appropriately zoned (R-3) district. in 4. Circumstances affect the property that generally do not apply to the property in the same zoning district; and ^ The property in question is located on a 3,800 square foot corner lot which, when all special setback requirements are applied becomes difficult to develop. 5. The conditions for. which the Variance is requested were not self-imposed through the applicant's own actions, not the actions of the applicant's agents, employees or family members. ^ The applicant has stated that the condition requiring the variance was not solely self imposed. The original configuration and approval of the padIots, which the applicant subsequently acquired, has required other adjustments in addition to the proposed variance. The applicant has submitted findings of fact for consideration by the Commission (Exhibit "C ") recommendation: Staff recommends that the Planning Commission take one of the following actions: 1. Approve the Variance application based on the findings of fact contained in the record and subject to the recommended conditions of approval; or 2. Deny the proposed Variance application; or 3. Continue the review and public hearing for the Variance application at the discretion of the Commission. hi its: A. Site Plan B. Notice of Public Hearing C. Applicant's Findings D. Planning Department Recommended Conditions E. Setback measurements provided by applicant F. Letter of concern by neighbor Connie Hoffman G. Public Works Standard Specifications for Sight Distance and Clear Vision Areas G:1P~,ANNINGI9$o22.wPD 1.1 ~~ ~~~~ ~~ ~~ ~~~ r ~'~` ~~ o~ ~75~ ~~~ a47 CENYRAi. ~~N~' .~g'Y3 p'p, ~pX ~~.xx58 f~ t5b3'1 ~ t ~~~~U ~~~ (5t~315 ~~• ~~~ ~~ ~ { ice' ~Q ~{~ ~-- a~ ,~o~s'c' *,--• ""---~~' ~_. ~ : `may- , •~ i . ~F ~a :f _,. ,v . t gi ..~ '~2.`~'~ ~ ..co- .I `. ,' _.._°` _ •r. .W.~~t' f I' I xi ;• '-' ., ----' ~~~ ~ ~ ~~ ~ 2' ~~_~ ~nt ~ •~ •1 r Y. ` ~~ '(,~: ~~ ~~ . ~ ~! ~. -~' _~ ~ ~ ~'~ ~u Y . ~-:. _.-- , . su'm' ~~,; ~ ,~ `~$ ..~~ r ~.2 -,rte, ,. ~ ~s ~,,,~*~„~~'~-~ ''f ~ ~~p ~ .~~~ ~ ~ ~~ ~ _ 5~ ~ ,~, . ~ d ~ ~ ~~ #~ +~ )) . sue~,, -•,. ~ ~ j,~ / ~ ~ ~- - ,~ ~ ~ ass ~y s~~ r lam. {~+'- c,;Oj t5 '~~'~' ~ `~, ~,t^ ~. ~{ •ri ,eta S• ,.~~~ O~, ~~ ~~"/ ~1 ~;* ~ ~r. 'A` e^ ~~~s.~` ` ,~~;tsics~ ~ ~~ ~ ~ ~ 137.CC-~~ t'~~'~ ~. ~ ~''~,~. ~ .fir ..- ~. ~ ^+,, '\ , •`° ~-'~,~ ++t .~ "» a .~'~ o ~y'`'v= ~, ~~S• `1 ~ gam'! 1 / ~c ~ ~•~~ ~~or ~~ ~,. jig ~• Fwd ~ ~~$ ~ ~ ~''~• ° ,~. ~~ ~ 1~" ~~~' 3~ ., ~ ~ ~ ! ~++, ~',~ ""~. ij~ 2 i. ~ ~ -c?s, ~ ~? IS' ~~ ~6 ~ I 4 +"i~ 1ap1i3G d wx~ $~X ~ M 3 t' `.. 'x '~~~ '1' 4~ Rio, '~ St ~~~ ;~hsr+s "~ ~~ "~ ~, `' `t'~ o~ 01 ~ °?~ iaund kgo~ Cou~~Y n~ ~ ~ ~ ~ w ~x ~~~ `~ ~ ``,. tror ~p1n ~ ~ "t37S ~, ,.t ~ ~ - ~ noun QP :~omP' 1 t ~C~ t~-~ ~~ ~~~~ets~ ~ ~ -. ,.~~. ~' as+r cf City of Central Point p.~~v.~v~ n.~r~xrNr~ Tam H~rmptu~y, AICP. Ptanniztg Director Kcz~ Grrsct-ier Plaau~ing Tcrhnician Deanna Gregory AdministrativdPIazuiixtg Secretary Notice of Meeting Date of Nonce: February 25, 1.998 Meeting Date: March 17, 1998 Time: 7:00 p.m. (Approximate) Place: Central Point City Hall 155 South Second Street Central Point, Oregon NATURE OF MEETING CSty of Certt~';*i ~?Q111t ~~Hr~r~ =;B. t~~ Punning DePxrtmen't Beginning at the above time and place, the Central Point Planning Commission will review an application for a Variance to the special setback requirements for structures located adjacent to secondary arterial roadways. The parcel is located at 1015 Sunrise Way in a Residential-Multi Family (R-3) zoning district on 3ackson County Assessment Map 37 2W 2BC Tax Lot 1518. C RIA O DECISION The requirements for Variances are set forth in Chapter 17 of the Central Point Municipal Code, relating to General Regulations, Off-street parking, Site Plan, Landscaping and Construction Plans. The proposed plan is also reviewed in accordance to the City's Public Works Standards. ~,UBI,IC CCih~IlyfENT'S 1. Any person interested in commenting on the above-mentioned land use decision may submit written comments up until the close of the meting scheduled :for Tuesday, March 17,1998. 2. Written comments may be sent in advance of the meeting to Central Paint City Hall, 155 South Second Street, Central Point, OR 97502. 3 . Issues which may provide the basis for an appeal on the matters shall be raised prior to the expiration of the comment period noted above. Any testimony and written comments about the decisions described above will need to be related to the proposal and should be stated clearly to the Planning Commission. OR 97502 4. Copies of all cvidencc relied upon by the applicant ane available for public review at City Hall, 155 South Second Street, Central Paint, Oregon. Copies of the same arc available at 15 cents per page. 5. For additional information, the public may contact the Planning Department at (541) 664- 3321 ext. 231. SUNIlI~AR~C OF Pk2.OCEDURE At the meeting, the Planning Commission will review the applications, technical staff reports, hear testimony from the applicant, proponents, opponents, and hear arguments on the application. Any testimony or written comments must be related to the criteria set forth above. At the conclusion of the review the Planning Commission may approve or deny the Tentative Plan, Gity regulations provide that the Central Point City Council be informed about all Planning Commission decisions. 1SS South Sccond Strxt ~ Caitral Point, 4R 97542 ~ (541)664-3321 • Fax: (541 d64-6384 ~J City of Cent~xl FQin~ ~.~.HI~I'~` «C ~~ Planning Depu~mm't TOM MALT CONSTRUCTION INC. P.O. 8oX 3$47 CENTRAL POINT, OR 97502 (5033 6fi4-125$ FAX (503? 664-4673 March 2, 1948 Central Point Planning Commission Tom Humphrey, AICP 1 SS So. god Street Central Point, OR 97502 RE: 10~ Street Setbacks Dear Sir: This letter is to request a variance on the side yard setbacks for Lot 19,(1015 Sunrise Way) in Bluebird Heights, Central Point. The current required setback creates a hardship for Lot 19 malting it an unbuildable lot. However, our requested variance would help alleviate this hardship rnaldng it a buildable lot that would enhance the neighborhood. The area is being improved with housing of value to the neighborhood by proper design and land usability, both of which are advantages to the citizens of Central Point. This request for a variance will not have any adverse impacts upon the neighborhood as proposed witbis~. the 55' sight triangle setback. This condition was not solely self-imposed, as Lot 18 & 19 were developed unbuildable. On November 8, 1397, Y submitted a preliminary design for approval to the City Budding Department. On December 10, 1997 I received a letter from the City of Central Paint Planning Department with the possible approval of a lot line adjustment. for Lot 18 and 19 if the lot square faatage for each would be maintained as stated in the letter. I then employed Hofrbuhr & Associates to prepare a metes & bounds description to conform with the City's requn~nents on Lots 18 & 19. We then submitted the property line adjustments on January 20,1398 and they were recorded on February 23, 1998. On Febivary 2~4, 1998, it was then brought to my attention ofa required 60' setback on low Street from center line. This was my first knowledge that a problem might exist. Since this was brought to my attention I have researched and made available to you an enclosed list of existing properties that do not conform to these setbacks on 10~` Street.. As you can see this variance will, not take away from the neighborhood but enhance it. In closing 1 would request approval of this vanance as time is of the essence. Thank you for your time and consideration in this matter. Sincerely, ~- ~""" ` Thomas E. lVialot Encl i ~ Presidern EXHIBIT "D" RECOMMENDED CONDITIONS OF APPROVAL 1. The project shall be constructed in accordance with the approved site plan. 2. A building permit shall be obtained for the canstructian. 3. The Variance approval shall expire in one year, March 17, 1499 unless a building permit has been issued and construction has comrnenced and diligently pursued toward completion. G:IPLAI3NINCs1VARCOA.W PD Setbacks from Centerline of IOt" Street 363 10~' Street 46' 317 lOm Street , 4$'7" 923 Maple ~ 42'3„ 901 Cherry Street 38'2" 364 10~' Street 75' 380 i 0`~ Street S2'3" 4D5 10'~ Street 57`5" 400 10"' Strut 58'5" 410 1 D~ Street SS'4" 420 10~ Street 60' 430 10~ Street S7' 365 IOm Street 60' These examples are aII within 1 block o~the subject.property. t~Ey of Ccntr~tl Point I~~II~I`~ e3E ~~ Piattn.~ing Deparimea~t ~. CSitp of Ce~ttr~?i FQIzi~ `~ `~ 7 - ~ `? ~.~r~rr~r~ ttF tf Ftanning Departm~t m s~.~c~f - ~`~ ~ o •}- i D 15`~` c5c~ ~rn r1va.Q ~ ~ .~. ~m~ .. ~ ` Vv~ c.~.-t cry ~ ca `-~- S ~~ ~ ~ S-~ r~~, C mn C c.s~ rte. o,~a ~} ~ C ~~ n t ~~~ Yrr, ~ ~ ~ ~ ~-~c~vY.c9~ ~~r~ `~ - ~~.C,,nr•Q ~ c~,~~C,.~ G~ t'~C~ ~ t w ~.. ~~ ~~~~ ~~C~tVE~D ~~ ~~ ~~ ~ E B 2'~ 1998' `~ ctTV o~ ~E~vrR~. ~cs~~r ~~ ~ ~ ~ ~ rt'iME O=~ C- P . ~ ~ X02 ~. 9 e - ,~~'TREET_,.,,S- ~EC'i'CON ~tNGLES: Streets shad intersect one anothc as radical. When intersections of other than ninety degrees arc unavoidabic, the right- Cify of Central PQIIIt a minimum corner radius of thirty feet. EXHIBIT "G" Plat~n~ztg Departmetlt HSRAD~S AND CHR ~: -Grades shall not exceed six~percent (6~) oa tr. --~-~---- (1296) on any other street. Minimum grades for strr~:ts shaft be one-half percent ('h 56). _ _ than three hrsndred feet on major arteriais, two hundred feet on secondary arterials or anc hundred (100) fret op other streets, I. ~I.AG I,OT ACCESS AND ~l'ANDAI2DS:. Accass to flag lots shall provide a minimum width of twenty (20) few of asphaltic concrete and two {2) inches in compacted depth with a mini.murn of six (5) inches of 314" inch- 4 inch (OSHD) crushed rock base or equivrelent as determined by subgrade test {cou~pacicd to a minimum of nine-five percent (955&} maxi~nutn density-0SHD method). The subgride shall be compacted to a rninimurrt of nine-five pcrctni (959n) T-99-74 D. - j. SIGHT DISTANCES AND CLEAR VISfON A1tEAS: 1. Tnterscctioa Sight DistaACes in Table J-I below shat! be followod when designing and constructing iutcrsectious of streets, driveways and alleys. TABLE J-1 SIGHT DISTANC3v AT TrITERSECTIONS Design Speed M.P.H. -(ksnlh) 20(32} 30(48) 40{64} SO(80) 60(97) 11~INIMUM CORNER SIGHT DISTANCE * ft(rn) dt and d2 as referenced in Drawing A-4 200{61) 300{91) 400{122} S00(l52) 6000$3) *+Comar sight distance measured from st point of the minor road ai Icast IO ft. {4.bm) from the edge of the major road pavement and nieasur~t from a height of eye of 3.5 ft. (1.05m) on the minor road to a height of object of 4.25 ft. (l.3 m) an the major goad. 2. Cicar 'Vision Areas shall be established when designing and constructing intersections with streets. driveways (property aoxss) or alleys as shown in Table J-2 below: ~ ' Clear vision areas allow the driver of the vehicle to view approaching traffic at intersections with streets and driveways, a distance which is unobstructed as shown, in Drawing A-4 and rcfernd to as 'sight triangle'. TABLE J-2 Type of Street Sight Triangle Distance c of ntersecti Local Collector Secondary Major Residattial AacGSS lS' 25' S5' (I) Commtr~cial Accts 2S' 25' S5' (I) Indtastrial Aocess 55' S5' 55' {1) Alley 15' 25' S5' {I) Local Street 25' SS' S5' {1) Collector Street 55' S5' S5' {I) Secondary Arterial 55' ' S5' S5' {1) Major Artciial {1) (1) {1) n {1) .. "`(1) The Public works Department may require the Applicant or Developer to prowicte a t rart~c ~ttgcnccrurg ~{,...r ~~~ Clear Vision in the evtrit a minimum 55' sigtrt triaagic appears to be irradcquate. nw~tndch.nrs zri ~,r ~, b5~ f I d! 0 Q 0 a a MINOR ROAD 55' SlGHr rRlAHGLE sicur ~iu~ m -..f O Q ~ d2 m m o m b ~ E O 1 ~ ] IU I4 ~k NOTE= FOR SEGi~T LINE OiSTANCES d~ 81 d2 i SEE= Transportation & Traffic Eragrneering I Nandbaok, Second ~diffon CITY 4F CENTRAL POINT UNIFORM STANDARDS 22 REWSEO~ SIGHT DISTANCE oR~wrl~ tio.. oat~~ ~~~ ~ A-~ 4 oar~~ srGur LrrrF ~-'?