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HomeMy WebLinkAboutPlanning Commission Packet - September 6, 1988Next Resolution No. 148 CITY OF CENTRAL POINT PLANNING COMMISSION MEETING 155 South Second Street September 6, 1988 - 7:00 p.m. AGENDA I. Meeting called to order II. Roll call III. Correspondence and public appearances IV. Business Page ~k 1 A. Public Hearing - Variance for construction of a 6' high fence within a required 20' street right-of-way setback and the addi- tion of a covered patio within a 20' side yard setback area at 2085 Lenora Lane (37 2W 3BA, tax lot 1810) in an R-1 zone sub- mitted by Boyd and Jeanne Davis 12 B. Discussion on draft land use fee schedules - Wes Reynolds, Rogue Valley Council of Governments V. Miscellaneous VI. Adjournment I i, ~i ~ I --- S ': A F F R E PORT --- To: David Kucera, City Administrator Date: September 2, 198$ From: Randy Kugler, Administrative Assistant & Acting Planning Director Re: Variance for the construction of a 6' high fence within a required 20' street right-of-way setback and the addition of a covered patio within a 20' side yard setback area at 2085 Lenora Lane (37 2W 3BA, tax lot 1810) in an R-1 zone submitted by Boyd and Jeanne Davis Central Point Municipal Code (CPMC) Section 15.20.030 requires that a fence for a corner lot be no higher than 3-1/2' if it is within 20' of a street right-of-way line. The proposal calls for a 6' high fence for a distance of 61' 6" which will serve as a privacy fence for a patio area. The remaining 20' of fence will be 3-1/2' so that any future adjacent residential developmeht on Marys Way will not be faced with a visibn clearance problem for driveway access. CPMC Section 17.20.050, E., requires side yards abutting streets to be a minimum of 20' in width.' The proposal calls for a 10' wide covered patio. to extend into this setback area. CPMC Section 17.80.010 specifies the nonditions which must be met in order for the Planning Commission to grant a variance. The applicant has provided findings which address the criteria in support of the variance. The Fire Chief and the Public Works Director have reviewed the proposal and have no concerns. Property owners within 200' of the property have also received notice of the public hearing. The following exhibits are included for the Planning CoIImti.ssion to review: Exhibit A - Notice of Public Hearing; Exhibit B - Certificate of Posting and Mailing of Notice of Public Hearing; Exhibit C - Application for Variance; Exhibit D - Site plan; Exhibit E - Tax Assessor's map page; Exhibit F - Aerial map; Exhibit G - Resolution adopting findings and conclusions. RK/mah Attachments PCWORK SRVARDVS 155 SO. SECOND ST. P.O. BOX 3576 CENTRAL POINT, OREGON 97502 PHONE 664-3321 THE HEART OF THE ROGUE RNER VALLEY CITY OF CENTRAL POINT NOTICE OF PUBLIC HEARING Notice is hereby given that the Central Point Planning Commission will review at a public hearing an application for a variance from Boyd and. Jeanne Davis for the construction of a six-foot high fence within a required 20-foot street right-of- way setback and the addition of a covered patio within a 20-foot side yard setback area at 2085 Lenora Lane, Central Point, in an R-1 .zone. Said property is further described as Jackson County Tax Assessor's map page 37 2W 3BA, tax lot 1810. This public hearing will be held at 7:00 p.m. on Tuesday, September 6, 1988, in the. Central Point Council Chambers, 155 South .Second Street, Central Point, Oregon. Randy Kugler Planning Department City of Central Point Date: September 6, 1988 Time: 7:00 p.m. Place: Council Chambers 155 South Second Street P. 0. Box 3576 Central Point, OR 97502 Please publish in the Medford Mail Tribune on September 2 and 4, 1988 and provide affidavit of publication. o ~..~e'>f• ~i I-f Jlti.'~.~i .~ ~ ~•~,~ . ~r=f ._.._; I ~.~~~~, ,' e C / J ~ OgEGOt~ THE HE:,RT OF THE ROGUE RNER VALLEY CERTIFICATE OF POSTING s MAILING I, / ~J.!_/?~pJL '~~iI~S ~_ , .CERTIFY THAT ON T4E FOLL041IN~//~~DATE, ~f,~/.C<~~~/g/I/P , I POSTED A PUBLIC P;UTICE OF A y~~Q/~l~I~'IQ U~/YI/'r1l SS/yr~dC~~~f'/ylQ CvnS~~~~r-~ Gt. UQ~I ~tCc /"G~ vrCL (a en~c i~r a ao'Sfr~e 2/gJ~t- FOR OF ld~ ~bdCC-~~a LoUrr~Z2t7o ~n ~l- ~i~~Sid2GQS AT Ols, Se'i'b2~ ./J,~y NEAR 1 . ('U Gfl ~2./-l 4. ~ I AND MAILED SAME PUBLIC NOTICE TO THE OWNERS OF PROPERTY SITUATED WITHIN A TWO HUNDRED FOOT RADIUS OF THE BOUNDARIES OF THE SU~B//7ECT PROP~ERTY./ ~j SIGNATURE~¢!1p"p.//AD~~!C CLl~•t?D_/.tJ .DATE tJ '3O iS~~ P.O. 80X3576 CENTRAL POINT, OFEGON 97502 PHONE o64-3321 lfi .VIZ 1V11 I VI\ ~\ r L.~iItIIiIG CCt•1MISSiC~I CiT'( OF C~iITRAL POIPIT Application fer 'lariance as reGaired in the Zoning Ordinance Flo. 1-'.0~, :4unici~al Cade Chapter 1i.80. 1. Name and address of applicant. °oyd ~'. Davis and Jearre >. Davls 'oo Lenora Ln. Central Point, Ore. 9 502 2. Statement that the applicant is the owner of the property or signature of the legal owner stating the applicant is the authorized agent of the owner. dttached is a coA~T of the warranty deed showing i3oyd ~. Davis and Jeanne '.i. Davis, Husband and wife, are legal owners of this ~roperty._ 3. Address and legal description or the Assessor's parcel number of the property: (Legal description must be attached. stating metes and bounds or property.) Lot 1 in 3loclt b of Green Glen Subdi~rision unit. T2, to the City of Central Point, Jac:sson County, Oregon. 4. Statement describing the nature of the Variance for which application is made. (Furnish information as detailed as possible.) Note: The zoning ordinances of the City of Central Point require the following preconditions to the granting of a Variance; and: the applicant should, therefore, furnish information to show the following: A. General. 1. A Variance may be granted, as provided in this. chapter, where the strict application of the provisions of this chapter would result in unnecessary hardship. . Z. This chapter may not be used to allow a use that is not in conformity with the uses specified by this title far the district in which the land is located. In granting a Variance, the City may impose conditions similar to those provided for Conditional Uses to protect the best interests of the surrounding property, the neighborhood, or the City as a whole. 6. Application and Review. Applications and review of a Variance shall conform to the provisions of Chapter 1.24 and all applicable laws of the State. The application shall be accompanied by a fee of one hundred dollars. C. Information Required. An application shall be accompanied by a legal description of the property, plans and elevations necessary to show the proposed development. 0. Consideration for Granting Variance. A Variance may be granted if findings are made that the fallowing considerations will either result from a granting of the Variance or the following considera- tions do not apply to the requested application: Ek~~~ r ~ COIISIDE:~tITIC~I5: 1. The Variance will provide advantages to the neighborhood or the City. The proposed fence and patio cover will be an attractive addition to our property. The fence will provide privacy for homeowner and privacy for neighbor. on adjoining property. 2, The Variance will provide beautification to the neighborhood or the City. The fence and patio cover will be built to enhance existing home and landscaping. The fence and patio cover will be built of quality material and workmanship. 3, The Variance will provide safet to the neighborhood or the City. Safety will be provided because we will be complying to the 20 ft. set back from front of property so any vehicle or bicycle pulling up to the corner of Mary's Way and Lenora Ln. will be able to see around corner clearly. We are also complying with the 20 ft. set back at back property line in the event that the agricultural field is ever turned into a subdivision and a house built at our back property line. This is where we would like a fence 32 ft. high from corner of back property line to 20 ft. in,then a 6 ft. fence to within 22 ft. of front property line. 4, The Variance will provide protection to the neighborhood or the City. The fence will keep our animals confined to our yard and other neighbors animals out of our yard. 5. The Variance will not have any adverse impacts upon the neighborhood. There will be no adverse effect only enhancment of neighborhood. 6. The Variance will utilize property within the intent and purpose of the zone district. In adding this proposed fence and patio cover we feel we are utilizing our property in the best way we know how and still keeping within the limitations set down by the City of Central Point.. 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Q 18iy s ~ s Z l=~.,s • ,, 3 ~ ~ 1820 e • ' 1809 1813 - " 1803 I g v ~. ., y Z.tl(p lp ' 3 i- 1 ~1~ q • ^ J 'ZO fS`~ r p n ^ • • ~~9.9~ 1~ g J,...ti l~g~ LENORA'°"LANE"--~ 1a21 1804 • I~G~. g "r ..9.,.a ep ^ •. • . a.. u.u/ g I 1810 181120'1 1812 . • 1805'y 225 BLK. 201n~ 1822 • N y. d` / M p T X91 e~ - ~ l^~4D • I • ..(Iri ... aie , • • .~~.., ,• e.u _... r. ,a...v9o .i T x i ~~ i + ~ ~ ~ ~ ~ x x x N N V N W W 4 0 N N U I q ~ x ~ o p ~ t7 O ~ n x I ~n x n ~ N N ~? m ~x ~ a ;AVM H ~? xN S~AaVW ~" w N ~= m m u N N ^r x r N x I ~ n x m ~ v z ~' w ~ n ~ n C ~ ~ I © O D p x t x r ~ ~ x~ x z i _J _ G ~ N ~l x A~NdN W" ~ N x ~, Oz a 'and .,o ~ r 0. ~ n C. x n n .a- x ~~i~ _-~ .. . ... ~33~ Z N V N O O O O ~~~~~ ~ PLANNING COMMISSION RESOLUTION A RESOLUTION ADOPTING FINDINGS AND CONCLUSIONS AND APPROVING THE VARIANCE OF BOYD AND JEANNE DAVIS WHEREAS, an application for a variance for the construction of a six-foot high fence within a required 20-foot street right-of-way setback and the addition of a covered patio within a 20-foot side yard setback area within the City and more particularly described as Jackson County Tax Assessor's map page 37 2W 3BA, tax lot 1810; and WHEREAS, the Central Point Planning Commission has reviewed and approved the application at a public hearing held on the sixth day of September; now, therefore, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF CENTRAL POINT, OREGON, AS FOLLOWS: Section 1. The relevant criteria applicable to the within application is Central Point Municipal Code Chapter 17.80 which describes the conditions the Planning Commnission must consider in order to grant a variance. Section 2. The Planning Commission hereby finds as follows. .The request meets the criteria for granting a variance because: 1. The proposed fence and patio cover will be an attractive addition to the property. The fence will provide privacy for the homeowner and privacy for the neighbor on the adjoining property. 2. The fence and patio cover will be built to enhance the existing home and landscaping. The fence and patio cover will be built of quality materi- al and workmanship. 3. Safety will be provided because the 20-foot setback will be complied with from the front of property so any vehicle or bicycle pulling up to the corner of Marys Way and Lenora Lane will be able to see around the corner clearly. The 20-foot setback at the back property line is being complied with in the event that the, agricultural field is ever turned into a subdivision and a house built at the back property line. This is where the proposed fence will be 3-1/2 feet high from the corner of the back property line to 20 feet in, then there-will be a six-foot fence to within 22 feet of the front property line.. 4. .The fence will keep animals confined to the yard of the property owners and other animals out of the yard. 5. There will be no adverse effect, only enhancement of the neighborhood. PLANNING COMMISSION RESOLUTION N0. - Page 1 // X~~~ ~~ Gf ~~ v~ 6. By adding the proposed fence and patio cover, the property will be utilized in the best way the owner knows of and will be in keeping with the limitations set down by the City of Central Point. Section 3. The Planning Commission finds that the record herein and the find- ings therefrom support the conclusion that the proposal is in compliance with the applicable standards of the City's Zoning code. The proposed variance is hereby approved subject to compliance with the relevant requirements of the Uniform Building Code and the Uniform Fire Code. Passed by the Planning Commission on this day of 1988 and signed by me in authentication of its passage this day of 1988. Planning Commission Chairman ATTEST: PlanningCommission Secretary PLANNING COMMISSION RESOLUTION N0. - Page 2 ~N~"~/~/J ~ ~/ /~ ---STAFF REPORT--- To: Planning Commission Date: September 2, 1988 From: Randy Kugler, Administrative Assistant & Acting Planning Director Re: Fees for Land Use Applications At the August 2, 1988 Planning Commission meeting, staff introduced this subject along with an analysis supplied by Wes Reynolds. The Commission was in agreement on the need for a consolidated fee schedule in both Titles 16 and 17, and request- ed the attached information prior to making any further recommendations. The suggested fees are intended to cover the costs of processing the specific requests and are generally equal to or less than costs of other cities in Sackson County. Staff has reviewed the suggested fees against the costs of processing the various applications and finds that they cover a majority of the incurred costs. RK/mah Attachments PCWORK SRLUFEES lob i .1~ ~ L ~ 1~1•-"]~ ~ ~ .I 155 S. Second Street P.O. Box 3275 Council of Governments Central Point. OR 97502 503-664-6674 September 1, 1988 T0: CentYal Point Planning Commission FROM: Wes Reynolds, RVCOG Attached are proposed sections for Title 16, Title 17 and Chapter 1.24 of the Central Point Municipal Code. The revisions consdlidate or would establish fees for a varriety of actions. Since these are new text the proposed additions underlined. I have generally copied the fee amounts that now exist. The adjustment of fees and the basis for doing so is something the. Planning Commission may want to discuss or pass along to the City Council. Also attached is a suggested consolidated fee sdhedule that may be useful as a working document and to inform the public. /~ City of .Central Point Municipal Code Draft 9/1/88 Possible New Sections on Land Use Fees (referenced sections would need to be amended.) New section for Title 17: Zoning Action Fee 100 $25 100 $100 $325' $325 ~325~ city. -- nonrefundable. Fees become nonrefund r;me that a;rher. Al formal notice of the land use action is mace, or B) in cases of staff aUOroval where notice is_not requires wnen t -1- J~ 17.10.040 Revisions. Revisions to this fee_ac_hedule may be made New sub-section for Chapter 1.24: Public hearing procedures City of Central Point Municipal Code Draft 9/1/88 New section for Title 16: Land Divisions i4,. . a I' fi :_: itions'(per 16.44.030) 145 itions (per 16.44.030) 100 plans (per 16.38) 50 per 16.36.010) 100 ion appeals (per 16.40) 50 diustments (per 16.48) 50 -2- J5 Action Fee Fees in lieu of land dedication. Depends on (per 16.20.030 to 16.20.050) facts of case SubdiviSions~ City of Central Point Draft 9/1/88 LAND USE FEE SCHEDULE Land Divisions Fees in lieu of land dedication. (per 16.20.030 to 16.20.050) Subdivisions~"~ Manor Partitions (per 16.44.030) Minor Partitions (per 16.44.030) Conversion plans (per 16.38) Variance (per 16.36.010) Land division appeals (.per 16.40) Lot line adiustments (per 16.48) Appeals /~ Fee X50 100 25 $100 100 325 $325' 3 2 5'~ Depends on facts of case 145 100 50 100 X50 $50 Zoning Action ,