KEIZER COMMUNITY DEVELOPMENT DEPARTMENT
KEIZER COMMUNITY DEVELOPMENT DEPARTMENT NOTICE OF DECISION PROPERTY LINE ADJUSTMENT CASE NO. 2016-14
I. REQUEST The following report reviews a request to adjust the common property line between two properties. The properties are located at 1065 and 1135 Harmony Drive NE, Keizer, Oregon. These properties are identified on Marion County Tax Assessor’s Map No. 063W35AC tax lot 04200, and 04201. (Exhibit ‘1’)
II. BACKGROUND
A.
APPLICANT: Douglas and Anya Holcomb
B.
AGENT: Douglas Holcomb
C.
PROPERTY OWNERS:
D.
PROPERTY LOCATION: The properties are located at 1065 and 1135 Harmony DR NE, Keizer, Oregon and are also identified on Marion County Tax Assessor’s Map No. 063W35AC tax lot 04200, and tax lot 04201.
E.
EXISTING PARCEL SIZES: Currently, the property sizes are approximately 1.0 acre (Parcel 1) and 1.07 acres (Parcel 2). The proposed property line adjustment will result in Parcel 1 being increased to approximately 1.43 acres and Parcel 2 will be decreased to 0.64 acres in area.
F.
EXISTING PUBLIC FACILITIES AND DEVELOPMENT: Parcel 1 is developed with a single family dwelling and associated accessory structures, while Parcel 2 is currently undeveloped. Parcel 2 is proposed to be developed with a single family dwelling.
G.
ZONING/LAND USE: Both properties are designated Low Density Residential in the Comprehensive Plan and are each zoned Residential Single Family (RS). Surrounding properties are developed with single family residences and are also zoned Residential Single Family (RS).
Lot Line Adjustment Case No. 2016-14 Page 1 of 5
Shepheard and Sharon Earl Douglas and Anya Holcomb
III. DECISION Notice is hereby given that the Zoning Administrator for the City of Keizer has APPROVED the proposed Lot Line Adjustment application subject to certain requirements noted below. Findings in support of the decision can be found in Section VII. of this report.
IV. APPEAL Any interested person, including the applicant, who disagrees with this decision, may request an appeal by the Keizer Hearings Officer at a public hearing. The appeal is subject to the appellant paying a $250.00 fee. Requests for an appeal must be in writing, on a form provided by the City, and shall state the alleged errors in the original action. The request must be received in the Keizer Community Development Department, 930 Chemawa Road NE, Keizer by 5:00 p.m. August 1, 2016.
Unless the decision is appealed, this decision becomes final on August 2, 2016. V. CONDITIONS 1.
The property line adjustment shall be recorded with the Marion County Clerk by August 2, 2017. After the property adjustment is recorded, no alteration of property lines shall be permitted without first obtaining approval from the Zoning Administrator.
2.
All requirements of the Marion County Surveyor’s office must be met. In order to complete the property line adjustment, Marion County requires the following: Must be surveyed per ORS 92.060 (7) and the survey submitted for review; Survey checking fee required at the time of review; Property line adjustment deed shall be recorded with the county clerk. Marion County Planning requires perimeter descriptions of resultant properties; Per ORS 92.190 (4): the deed shall contain the names of the parties, the description of the adjusted line, references to original recorded documents and signatures of all parties with proper acknowledgment.
3.
Four (4) feet of additional right of way shall be dedicated as recommended in the Public Works comments to provide 24 feet of right of way from the centerline of Harmony Drive. Right of way dedication shall be shown on the instrument accomplishing the property line adjustment.
4.
The instrument recording the property line adjustment shall show the location of all easements that exist on the properties, if it is possible.
5.
All parcels must comply with the minimum lot size and dimensional standards of the Residential Single Family (RS) zone.
6.
This approval does not remove or affect any covenants or restrictions imposed on the subject property by deed or other instrument. The proposed use may require permits from other local, State or Federal agencies. This decision does not take the place of, or relieve the responsibility for obtaining other
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permits or satisfying any restrictions or conditions thereon, including building permit approvals for future development on each of the parcels.
VI. COMMENTS AGENCY COMMENTS: A.
The Marion County Surveyor’s office (Exhibit ‘3’) submitted comments regarding the process for accomplishing the lot line adjustment.
B.
The Keizer Public Works Department (Exhibit ‘4’) submitted comments regarding the proposed lot line adjustment.
C.
The Keizer Police Department reviewed the proposal and had no comment.
VII. FINDINGS The approval, or denial, of a lot line adjustment is based on compliance with decision criteria found in Section 3.106 of the Keizer Development Code. Section 3.106.04 establishes the decision criteria. The criteria and staff's findings are listed below.
1.
Section 3.106.04.A. The adjustment of the lot lines results in no more parcels than originally existed. FINDINGS: The proposal complies with this requirement as it will adjust the common property line between two contiguous parcels. After the lot line adjustment is complete there will still be a total of two parcels. Currently, the property sizes are approximately 1.0 acre (Parcel 1) and 1.07 acres (Parcel 2). The proposed property line adjustment will result in Parcel 1 being increased to approximately 1.43 acres and Parcel 2 will be decreased to approximately 0.64 acres in area. No new parcels will be created through this land use action. Therefore, staff finds this request satisfies this criterion.
2.
Section 3.106.04. B. The proposed property line adjustment results in parcels that meet all area and dimension standards of the Keizer Development Code. FINDINGS: The properties are zoned RS and both exceed the requirements of the RS zone. The minimum lot size of the RS zone is 5,000 square feet in area. The dimensional standards of the RS zone are a minimum width of 40 feet and a minimum depth of 70 feet. The applicant’s proposal is to adjust the common line between the two properties in order to increase the size of Parcel 1 and decrease the size of Parcel 2. Both parcels currently exceed the minimum area and dimension standards of the RS zone and after the proposed adjustment will continue to exceed the minimum lot size and dimension standards of the RS zone. Parcel 1 is developed with a single family home and
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outbuildings, while Parcel 2 is proposed to be developed with a new single family home. The applicant/property owners wish to adjust the common property line in order to accomplish “estate planning” goals. The applicant’s written statement accurately notes the proposed property line adjustment will not prevent future development of each parcel. It should be noted that at the time of any future land division, street frontage improvements will be required. The Public Works Department submitted comments regarding this application which recommend right of way be dedicated as a part of the property line adjustment process. Section 2.302 of the Keizer Development Code requires additional right of way be provided at the time of subdivision, partitioning, or “development” whenever existing streets are of a width less than the street design standards. Therefore, right of way dedication could be required at the time of any building permit or other man made change to either of the properties in order to allow for a total of 24 feet of right of way from the centerline of Harmony Drive. Four (4) feet of dedication is necessary to accommodate this requirement and comply with the street design standards. As a practical matter, staff finds it is reasonable to require dedication of right of way as a part of the property line adjustment approval process, since there are requirements for surveying the properties and modification of deeds. Therefore, right of way must be dedicated along the frontage of each property as outlined in the Public Works comments (Exhibit ‘4’). Right of way dedication should be shown on the instrument accomplishing the property line adjustment, if possible. Additionally, the property line adjustment instrument shall show the location of all easements that exist on the properties. As a condition of property line adjustment approval, the applicant will be required to comply with the Marion County Surveyor’s Office requirements regarding the process to accomplish the property line adjustment, and right of way dedication must be provided. With these conditions of approval, staff finds this request satisfies this criterion.
3.
Section 3.106.04.C. The proposed property line adjustment does not locate lines in violation of the setback and height provisions of the Code relative to existing structures and improvements. FINDINGS: There are no structures in close proximity to the proposed property line adjustment and no setbacks to existing structures will be changed by this proposal. The “barn” located on Parcel 1 is located approximately 18 feet from the side property line which exceeds the minimum required side yard setback. The location of that line is not actually being moved but the area that is being adjusted is close to that point. Parcel 2 is vacant, but the applicant’s site plan shows the proposed location for the new home which complies with the setback requirements of the RS zone. Building setbacks will be regulated at the time of building permit approval. Since this proposal will adjust the property line between the two parcels in a manner that will not affect the setbacks, staff finds this request satisfies this criterion.
4.
Section 3.106.04.D. The property line adjustment involves only lots or parcels that have been lawfully created. FINDINGS: Both properties involved were lawfully created. On February 3, 2015 the Community Development Department issued a “lot of record” determination that indicated the
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I. REQUEST The following report reviews a request to adjust the common property line between two properties. The properties are located at 1065 and 1135 Harmony Drive NE, Keizer, Oregon. These properties are identified on Marion County Tax Assessor’s Map No. 063W35AC tax lot 04200, and 04201. (Exhibit ‘1’)
II. BACKGROUND
A.
APPLICANT: Douglas and Anya Holcomb
B.
AGENT: Douglas Holcomb
C.
PROPERTY OWNERS:
D.
PROPERTY LOCATION: The properties are located at 1065 and 1135 Harmony DR NE, Keizer, Oregon and are also identified on Marion County Tax Assessor’s Map No. 063W35AC tax lot 04200, and tax lot 04201.
E.
EXISTING PARCEL SIZES: Currently, the property sizes are approximately 1.0 acre (Parcel 1) and 1.07 acres (Parcel 2). The proposed property line adjustment will result in Parcel 1 being increased to approximately 1.43 acres and Parcel 2 will be decreased to 0.64 acres in area.
F.
EXISTING PUBLIC FACILITIES AND DEVELOPMENT: Parcel 1 is developed with a single family dwelling and associated accessory structures, while Parcel 2 is currently undeveloped. Parcel 2 is proposed to be developed with a single family dwelling.
G.
ZONING/LAND USE: Both properties are designated Low Density Residential in the Comprehensive Plan and are each zoned Residential Single Family (RS). Surrounding properties are developed with single family residences and are also zoned Residential Single Family (RS).
Lot Line Adjustment Case No. 2016-14 Page 1 of 5
Shepheard and Sharon Earl Douglas and Anya Holcomb
III. DECISION Notice is hereby given that the Zoning Administrator for the City of Keizer has APPROVED the proposed Lot Line Adjustment application subject to certain requirements noted below. Findings in support of the decision can be found in Section VII. of this report.
IV. APPEAL Any interested person, including the applicant, who disagrees with this decision, may request an appeal by the Keizer Hearings Officer at a public hearing. The appeal is subject to the appellant paying a $250.00 fee. Requests for an appeal must be in writing, on a form provided by the City, and shall state the alleged errors in the original action. The request must be received in the Keizer Community Development Department, 930 Chemawa Road NE, Keizer by 5:00 p.m. August 1, 2016.
Unless the decision is appealed, this decision becomes final on August 2, 2016. V. CONDITIONS 1.
The property line adjustment shall be recorded with the Marion County Clerk by August 2, 2017. After the property adjustment is recorded, no alteration of property lines shall be permitted without first obtaining approval from the Zoning Administrator.
2.
All requirements of the Marion County Surveyor’s office must be met. In order to complete the property line adjustment, Marion County requires the following: Must be surveyed per ORS 92.060 (7) and the survey submitted for review; Survey checking fee required at the time of review; Property line adjustment deed shall be recorded with the county clerk. Marion County Planning requires perimeter descriptions of resultant properties; Per ORS 92.190 (4): the deed shall contain the names of the parties, the description of the adjusted line, references to original recorded documents and signatures of all parties with proper acknowledgment.
3.
Four (4) feet of additional right of way shall be dedicated as recommended in the Public Works comments to provide 24 feet of right of way from the centerline of Harmony Drive. Right of way dedication shall be shown on the instrument accomplishing the property line adjustment.
4.
The instrument recording the property line adjustment shall show the location of all easements that exist on the properties, if it is possible.
5.
All parcels must comply with the minimum lot size and dimensional standards of the Residential Single Family (RS) zone.
6.
This approval does not remove or affect any covenants or restrictions imposed on the subject property by deed or other instrument. The proposed use may require permits from other local, State or Federal agencies. This decision does not take the place of, or relieve the responsibility for obtaining other
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permits or satisfying any restrictions or conditions thereon, including building permit approvals for future development on each of the parcels.
VI. COMMENTS AGENCY COMMENTS: A.
The Marion County Surveyor’s office (Exhibit ‘3’) submitted comments regarding the process for accomplishing the lot line adjustment.
B.
The Keizer Public Works Department (Exhibit ‘4’) submitted comments regarding the proposed lot line adjustment.
C.
The Keizer Police Department reviewed the proposal and had no comment.
VII. FINDINGS The approval, or denial, of a lot line adjustment is based on compliance with decision criteria found in Section 3.106 of the Keizer Development Code. Section 3.106.04 establishes the decision criteria. The criteria and staff's findings are listed below.
1.
Section 3.106.04.A. The adjustment of the lot lines results in no more parcels than originally existed. FINDINGS: The proposal complies with this requirement as it will adjust the common property line between two contiguous parcels. After the lot line adjustment is complete there will still be a total of two parcels. Currently, the property sizes are approximately 1.0 acre (Parcel 1) and 1.07 acres (Parcel 2). The proposed property line adjustment will result in Parcel 1 being increased to approximately 1.43 acres and Parcel 2 will be decreased to approximately 0.64 acres in area. No new parcels will be created through this land use action. Therefore, staff finds this request satisfies this criterion.
2.
Section 3.106.04. B. The proposed property line adjustment results in parcels that meet all area and dimension standards of the Keizer Development Code. FINDINGS: The properties are zoned RS and both exceed the requirements of the RS zone. The minimum lot size of the RS zone is 5,000 square feet in area. The dimensional standards of the RS zone are a minimum width of 40 feet and a minimum depth of 70 feet. The applicant’s proposal is to adjust the common line between the two properties in order to increase the size of Parcel 1 and decrease the size of Parcel 2. Both parcels currently exceed the minimum area and dimension standards of the RS zone and after the proposed adjustment will continue to exceed the minimum lot size and dimension standards of the RS zone. Parcel 1 is developed with a single family home and
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outbuildings, while Parcel 2 is proposed to be developed with a new single family home. The applicant/property owners wish to adjust the common property line in order to accomplish “estate planning” goals. The applicant’s written statement accurately notes the proposed property line adjustment will not prevent future development of each parcel. It should be noted that at the time of any future land division, street frontage improvements will be required. The Public Works Department submitted comments regarding this application which recommend right of way be dedicated as a part of the property line adjustment process. Section 2.302 of the Keizer Development Code requires additional right of way be provided at the time of subdivision, partitioning, or “development” whenever existing streets are of a width less than the street design standards. Therefore, right of way dedication could be required at the time of any building permit or other man made change to either of the properties in order to allow for a total of 24 feet of right of way from the centerline of Harmony Drive. Four (4) feet of dedication is necessary to accommodate this requirement and comply with the street design standards. As a practical matter, staff finds it is reasonable to require dedication of right of way as a part of the property line adjustment approval process, since there are requirements for surveying the properties and modification of deeds. Therefore, right of way must be dedicated along the frontage of each property as outlined in the Public Works comments (Exhibit ‘4’). Right of way dedication should be shown on the instrument accomplishing the property line adjustment, if possible. Additionally, the property line adjustment instrument shall show the location of all easements that exist on the properties. As a condition of property line adjustment approval, the applicant will be required to comply with the Marion County Surveyor’s Office requirements regarding the process to accomplish the property line adjustment, and right of way dedication must be provided. With these conditions of approval, staff finds this request satisfies this criterion.
3.
Section 3.106.04.C. The proposed property line adjustment does not locate lines in violation of the setback and height provisions of the Code relative to existing structures and improvements. FINDINGS: There are no structures in close proximity to the proposed property line adjustment and no setbacks to existing structures will be changed by this proposal. The “barn” located on Parcel 1 is located approximately 18 feet from the side property line which exceeds the minimum required side yard setback. The location of that line is not actually being moved but the area that is being adjusted is close to that point. Parcel 2 is vacant, but the applicant’s site plan shows the proposed location for the new home which complies with the setback requirements of the RS zone. Building setbacks will be regulated at the time of building permit approval. Since this proposal will adjust the property line between the two parcels in a manner that will not affect the setbacks, staff finds this request satisfies this criterion.
4.
Section 3.106.04.D. The property line adjustment involves only lots or parcels that have been lawfully created. FINDINGS: Both properties involved were lawfully created. On February 3, 2015 the Community Development Department issued a “lot of record” determination that indicated the
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