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HomeMy WebLinkAboutResolution 40 - Wells Minor PartitionPLANNING COM~4ISSION RESOLUTION N0 . 4 0 A RESOLUTION OF RECOMMENDATION OF APPROVAL OF A MINOR LAND PARTITION AT 447 GRAND AVENUE, .7ACKSON COUNTY MAP PAGE 37-2W-11BD, TAX LOT 1100 WHEREAS, Ben We11s filed application for a Minor Land Partition at 447 Grand Avenue, Jaclzson County Map Page 37-2W-11BD, Tax Lot 1100 on October 12, 1951; and, WHEREAS, noticesaf a Public Meeting held on October 20, 1981 were posted as required by the City of Central Point's hearings procedure ordinance; and, WHEREAS, testimony from proponents and opponents was heard at said Public Meeting; now, therefore, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF CENTRAL POINT, OREGON: Section 1. That the Planning Commission of the City of Central Point, Oregon. approves this request for a Minor Land Partition at 447 Grand Avenue, subject to the following condition 1) The building which sits on the proposed lot line at Che rear of the prop erty be z~oved (as indicated an the plans). 2) A frontage variance be approved for Parcel 1. 3) The hou;~e on Parcel 2 be required to have at least one offstreet parking space in back of the front line of the house. 4) The $100 variance fee be waived. Page 1 -- Resolution No. 40 Passed by the Planning Commiss~.on and signed by me in authentication of its passage this o~0 `day of October, 1.98.. _ r ~ y ~anning ammission Chairman ATTEST: Planning Commission Secretary Approved by me this ~~~ day of October, 1981. ~. ~~ ~ _ Planning Commission Chairman Page 2 - Resolution Na. 40 STAFF REPORT 14inor Land Par titian 447 Grand Avenue Ben Wells, Applicant This proposal is to di~ride a large lot, ~+°hich is approximately 116 x 120 feet, .3 of an acre, into t~+~o smaller lots. Parcel 1, being odd shaped, is basically 4S x 14$ feet, approximately 6,153 square feet; and Parcel 2 is 67 x 120 feet, 8,084 square feet. The area was surveyed by Verlyn Thomas and his information indicates the follo~+~ing: Area - The lots created bar this partition are both in excess of the minimum 6,000 square foot Iot size. Parcel 1 - G,153 square feet - Parcel 2 - 8,084 square feet Frontage -- One Iot tParcel 1~ does not ha~cre adequate £oot frontage to meet Code requirements. The foot frontage for this lot is ±49 feet; hos+~ever, Staff would recommend granting a variance for this Iot, as anl~r one lot on firand Avenue has more than a 51 foot frontage. In addition, the combined footage of the two proposed parcels is sufficient to meet the minimum requirements. To divide the lot in such a manner would Force severe modification of the present ds+~el ling. Side - Bath lots hay%e sufficient side yards. Rear - Bath Iots ha-+~e sufficient rear yards. The Staff recommends approval of this request upon the Following conditions: l~ Tl~e building which sits on the proposed lot lane at the rear a£ the property be mop%ed ~as indicated on the plans . s Frontage Yrariance be obtained Far Parcel 1. 3~ The house nn Parcel 2 be required to hay-e at Ieas-~ one aFfstreet parking space in back a£ the Front line of the house. see attach- tnent. Attach~~ent to hfinor Land Partition Our research indicates that in similar situations in the past., the P3annin Commission has not required the pa3rment of both the Land Partition fee {.~100~ and the Srariance fee 0100). The practice has been to require the payment of only one of the fees. The PJ.anning Commission should indicate to the Petitioner ~+°laich method it chooses to use. Flanning Commission Meeting City Hall Council Chambers October 20, 1881 MEETING CALLED TO ORDER Chairman R. B. Taylor called the meeting to order at 7:08 P.M. ROLL CALL Present were Chairman R. B. Taylor and Commissioners Louise Novasad, Pat Himmelman, Orrin Frederick and Owen Christy. Also present were Mayor Don ,zones, Councilmember Donna Higginbotham, Citizens Advisory Committee Chairman Grace Russell, Citizens Advisory Committee member Ginger Bitterling, Planner Ron Hough, City Administrator David Kucera, Fire Chief David Penicook, and Planning Commission Secretary Luci Miller. Commissioner George Freeman had previously indicated that he would be unable to attend tonight's meeting. APPROVAL OF MINUTES October 6, 19$1 Planning Commission Meeting Commissioner Himmelman made a motion to approve the minutes of the Planning Commission meeting of October 6, 19$1; and Commissioner Novasad seconded the motion. Roll call vote: Novasad, yes; Himmelman, yes; Frederick, yes; Christy, yes. All Commissioners voted in favor of the motion, and the motion carried. CORRESPONDENCE No correspondence was brought before the Planning Commission at this meeting. PUBLIC APPEARANCES No public appearances were made at this Planning Commission meeting. BUSINESS A. Review of Stonecreek ~~3 Subdivision Agreement, Whit-Law Properties, Inc., Applicant Chief Penicook advised that there has not yet been reached suitable agreement with Whit-Law Properties, Inc., and that this matter would be taken up by the Planning Commission at a later date. B. Minor Land Partition, 447 Grand Avenue, Tax Lot 1100, .z.C. Map Page 372W11BD, Zone R-1, Comp. Plan Designation Low Density Residential Ben We11s, Owner/Applicant k j Chairman Taylor asked if any of the Commissioners had a conflict of interest with respect to the minor land partition at 447 Grand Avenue. Planning Commission Meeting City Hall Council Chambers October 20, 1981 Page Two Commissioner Himmelman stated that she had a personal, business and monetary interest in this minor land partition. Commissioner Frederick then asked Commissioner Himmelman what her business in- terest was in this piece of property; and Commissioner Hirmnelman advised that this piece of property was listed with the Bruce Bauer Real Estate office in Central Point and that she was the broker- manager of that office. Mayor Janes felt that since there was a quorum present, Commissioner Himmelman should remove herself from participating in this decision. Chief Penicook presented the following Exhibits: Exhibit A - The application for a Minor Land Partition; Exhibit B - A map of the area; and Exhibit C - A Staff Report recommending approval. He also advised that Candy Rayburn was present to represent the applicant and answer any questions that the Commissioners might have. Candy Rayburn came forward and presented pictures of the parcel in question, and the pictures were marked Exhibit D. She pointed out that there were other lots in the area with frontage widths that did not meet the minimum requirement; i.e., 38.1`, 48.04', 48', etc., and asked that the Planning Commission waive the fee for the variance for Parcel 1. Chief Penicook advised the Commission that in the past there has been a lack of consistency as to whether or not a variance fee is charged in addition to the minor land partition fee when a variance is required in addition to a minor land partition. Commissioner Novasad felt that the Planning Commission should set a policy to follow; and that if we cancel the fee at this time, it would be necessary to make that the practice. Mayor Jones stated that in mast cases there is not a minor land partition and a variance at the same time, so maybe the variance fee could be waived. Chief Penicook suggested that the Planning Commission should handle this situation by adapting a practice that if both meetings, one for the variance and one for the minor land partition, are held on the same evening, there would be one fee; and if the meetings were held on two separate evenings, there would be two separate fees. Chairman Taylor then indicated that he felt the minor land parti- tion should be approved and asked for a motion, with the stipulation that the variance hearing would take place at a later date. Planning Commission Meeting City Ha11 Council Chambers October 20, 1981 Page Three Commissioner Frederick made a motion that the minor land partition application made by Ben Wells at 447 Grand Avenue be approved by the Planning Commission, subject to the conditions as outlined in the attached Staff Report, Exhibit C, and that the $100 variance fee be waived. Commissioner Christy seconded the motion. Ro1I call vote: Novasad, abstain; Himmelman, yes; Frederick, yes; Christy, yes. The majority of the Commissioners voted in favor of the motion, and the motion carried. .~ B. Preliminary Development Plan, The Meadows - A P.U.D., J.G. Map - ~ -- --- Page 372W11A, Zone R~-3, Comp. Plan Designation Med~.um Density, - - --- - - LaNier Associates, Agent Chief Penicaok presented the following letter from Michael LaNier; Exhibit B Covenants, Conditions and Restrictions Staff Report recommending approval sub Staff Report and any conditions placed Commission. Exhibits: Exhibit A - A - Map of the P.U.D.; Exhibit C - (CCR's); and Exhibit D - A ject to the conditions of the on the proposal by the Planning Mike LaNier, Planning Consultant, 1111 Stevens Street, Medford, came forward. He advised that Phase 1 of the project had been completed as a mobile home park, but that at this time mobile home financing is virtually impossible. It is his concept to allow partitioning of the park into individually saleable lots, so that purchasers could actually purchase the real estate. This would make the financing process easier. Public improvements have been paid for and will be owned by the Homeowner's Association. He further addressed the Planning Commission on the questions raised by Staff. (1) 43ith respect to Item 1 of the Staff Report, Mr. LaNier advised that that area of the original Phase 4 area south of Mountain View Drive near Hopkins Road, consisting of 6b spaces, previously referred to as a "Commercial Reserve" should be changed to an "Open Space Reserve". He also advised that at such time as Phase 4 is developed as part of the P,U.D., a preliminary plat would be submitted to the Planning Commission. (2) With respect to Item 2 of the Staff Report, the question of the intended use for the triangular piece of property which is on the extreme east side of the development was raised. Mr. LaNier advised that this leased area of 1.9 acres will be used for storage of recreational vehicles. (3) With respect to Item 3 of the Staff Report which xefers to the City needing an easement far a 12" sanitary sewer near the east side of the development dedicated, Mr. LaNier indicated that there would be no problem with this and that it would be taken care of on the preliminary plat.