HomeMy WebLinkAboutResolution 416 - Taylor Variance~~c32.~
PLANNING COMMISSION RESOLUTION NO. 416
A RESOLUTION GRANTING A VARIANCE
( Applicant: Gary Taylor, 548 Oak Street) (37 2W 02CC Tax Lot l 0300)
Recitals
This matter came before the Planning Commission for hearing on March 17, 1998, on
applicant's request for a variance. Mr. Taylor requested a variance from the zniniznum rear yard
setback that would allow the constructionx of a garage at 548 Oak Street. The Planning Commission
reviewed the application and the City staff report, and received cnmznents 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 Crt~ra_Applicable to Decision. The following chapters of the Central Paint
Municipal Code apply to this application:
A. Chapter 17.28.010 et seq. - R-3, Residential Multiple-Family District;
B. Chapter 17.80, Variances.
Section 2. Findin s and Conclusions. The Planning Commission hereby adopts by
reference all 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 allowing the construction of a two car garage within three (3) feet of the rear property line.
The applicant will then meet the City`s requirement for two covered off street parking spaces but will
not meet the rear setback requirements.
Passed by the Planning Comznissian and signed by me in authentication of its passage this
z``~ ~„ _ day of ~ , 1998.
ATT~~E~T: ~
City Representative
Appz•oved by me this ~
................... .
Planning Commission Chairman
day of M.. , 1998.
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Planning Commission Chair
1 -PLANNING COMMISSION RESOI~.U'I'ION NO. ~l~p (031798)
The applicant would then meet the City's requirement for two covered off-street parking spaces
but would not meet the rear setback requirements.
k'indings of Fact & Conclusions of Law
CPMC 17.80.010 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 ar do
not apply to the requested application:
1. The Variance will provide added advantages to the neighborhood or the City such as
beautification or safety;
^ The addition of a garage will allow the applicant to park his vehicles in an enclosed
structure out of the public right of way and also meet current off street covered
parking requiremen#s.
2. The Variance will not have any significant adverse impacts upon the neighborhood;
^ The City has not received any correspondence in favor of or opposed to the
proposal.
3. The Variance will utilize property within the intent and the purpose of the zoning district:
^ The proposed structure is Located within an appropriately zoned (R-3} district.
4. Circumstances affect the property that generally da not apply to property in the same
zoning district; and
^ The parcel upon which a new structure is proposed is a legally non-conforming lot.
5. The conditions far which the Variance is requested were not self-impaled through the
applicant's own actions, not the actions of the applicant's agents, employees or family
members.
^ The records of the Jackson County Assessor indicate that the current parcel
configuration occurred during the early 1970'x.
The applicant has submitted findings of fact for consideration by the Commission (Exhibit "C"}.
~2ecommendation•
Staff recommends that the Planning Commission take one of the following actions:
Approve the Variance application based o~ 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.
Exhibits:
A. Site Plan
B. Notice of Public Hearing
C. Applicant's Findings
D. Planning Department Recommended Conditions
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. Plu~n~g DQP~tam~
City of Cent~~al Point
P.~NNLnTG .D~P.AR7~IJ~NT'
Tone Humphrey, AICP
Planning birxwr
Krn Ccrsrh[c3r
Planning Tc~hnidan
Deanna Gregory
AdzninistrativdPlanning Sc<xetazy
Nonce of Meeting
Date of Notice: February 2S, 1998
Meeting Date:
Time:
Place:
March 17, 1998
7:00 p.m. (Approximate)
Central Paint City Hall
155 South Second Street
Central Point, Oregon
NATCIRE OP` MEETING
t~ty of Cen.#xal ~o1nt
~:H~I~~'~" t~$. tt
beginning at the above tsme and place, the Central Paint Planning Commission will review an
application far a Variance to the rear yard setback to facilitate the construction of a garage. The
parcel is located at 54$ Oak Street in aResidential-Multiple Family (R 3}zoning district on Jackson
County Assessment Map 37 2W ZCC Tax Lot 10300.
CRITERIA FOR DECISION
Tic requiz~emcnts for Variances are set foi#h in Chapter 1T of the Central Point Municipal Cade,
relating to General R,cguiations,Off-street parkYng, Site Plan, Landscaping and Construction Plans.
The proposed plan is also review+cd in accordance to the City's Public Works Standards,
PUBLIC COMNfEN'1'S
1. Any person interested incommenting ontheabove-mentioned land use decision may submit
written comments up until the close of the meeting scheduled for Tuesday, March 17,1998.
2. Written comments may be sent in advance of the meeting to Central Point City Hail, 1 S5
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 decisiofls described above will need to be related to the proposal and should be stated
clearly to the Planning Commission.
155 South Second Stt+at • Central Poicrt, OR 9"!502 ~ (541}664»3321 • Fax: (541}664-63$4
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4. Copies of all evidence relied upon by the applicant aro available for public ncview at Gity
Ha11,155 Satrth Second Street, Central Point, Oregon. Copies of the same are available at
l5 cents per page.
5. Far additional information, the public may contact the Planning Department at (541) 664-
3321 ext. 231.
O OC D
At the meeting, the Planning Commission will review the applications, technical sta#1`reports, hear
testimony from the applicant, proponents, opponents, and hear arguments on the application. Any
testimony ar 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. City regulations
provide that the Central Point City Council be informed about all PlaF~nin_g Commission decisions.
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EXHIBIT "D"
RECOMMENDED CONDITIONS OF APPROVAL
The project shall be constructed in accordance with the approved site plan.
2. A building permit shall be obtained far the construction.
3. The Variance approval shall expire in one year, March l7, 1999 unless a building permit
has been issued and construction has commenced and is diligently pursued toward
completion.
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