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Ord 2350 - Zone Adjustment COUNCIL BILL NO. 2486 ORDINANCE NO. 2350 AN ORDINANCE APPROVING ZONING ADJUSTMENT APPLICATION CASE FILE NO. 03-03 AFFECTING PROPERTY LOCATED AT 1300 ASTOR COURT; AND DECLARING AN EMERGENCY. WHEREAS, the applicant, Don and Sharon Hemstreet, submitted Zoning Adjustment Application Case File No. 03-03 to vary the maximum 42 inch height of a fence on a street fronting property line requirement to allow for a 5 foot vinyl fence to be located on the property line adjacent to Astor Way (1300 Astor Court); and WHEREAS, the Woodburn Community Development Director previously approved said application; and WHEREAS, the Woodburn City Council called this approval up for its review; and WHEREAS, the Woodburn City Council has conducted a public hearing and reviewed the record in Zoning Adjustment Application Case File No. 03-03; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That based upon the findings and conclusions contained in Exhibit "A" which is affixed hereto and by this reference incorporated herein, Zoning Adjustment Application Case No. 03-03 is approved. Section 2. That the land use application approved by Section 1 herein is subject to the conditions contained in Exhibit "B", which is affixed hereto and by this reference incorporated herein, which the Council finds reasonable. Section 3. This ordinance being necessary for the immediate preservation of the public peace, health, and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Approved as to form: 0;.rro- ~ City Attorney //- /1- Zo03 Date Page 1- COUNCIL BILL NO. 2486 ORDINANCE NO. 2350 - Approved: Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: (L~~~ M ry ~nant, City Recorder City of Woodburn, Oregon Page 2- COUNCIL BILL NO. 2486 ORDINANCE NO. 2350 ,..- -- . '. T ~ November 26. 2003 November 26, 2003 November 26, 2003 - 1 EXHIBIT "A" FINDINGS AND CONCLUSIONS ZONING ADJUSTMENT 03-03 I. APPLICANT INFORMATION Applicant & Property Owner: Don and Sharon Hemstreet 1300 Astor Court Woodburn, OR 97071 II. NATURE OF APPLICATION: The applicant is requesting a zoning adjustment to vary the maximum 42 inch height of a fence on a street fronting property line requirement to allow for a 5 foot vinyl fence to be located on the property line adjacent to Astor Way (1300 Astor Court). III. RELEVANT FACTS: The property is located at 1300 Astor Court, and further identified on Marion County Assessor maps as Township 5 South, Range 1 West, Section 07BC, Tax Lot 5600. The property is 5,583 square feet in size with an existing single-family home. The subject property is zoned Retirement Community Single Family Residential (R1S), designated for Residential Less Than 12 Units Per Acre on the Woodburn Comprehensive Plan Map, and is the location of a single family dwelling. The surrounding properties are also zoned RIS, designated for Residential Less Than 12 Units Per Acre on the Woodburn Comprehensive Plan Map, and are the location of single family homes. IV. RELEVANT APPROVAL CRITERIA: A. WOODBURN DEVELOPMENT ORDINANCE 1. Section 2.103 Retirement Community Single Family Residential (R1 S) 2. Section 2.201.03.B Location and Height in Yards Adjacent to a Street 3. Section 5.102.03 Zoning Adjustment V. FINDINGS: A. WOODBURN DEVELOPMENT ORDINANCE Section 2.103 Retirement Community Single Family Residential (R1 S) Section 2.103.04 Accessory Uses Page 3- COUNCIL BILL NO. ORDINANCE NO. "1'"~""~-----"-"""'" IY ~ T The following uses are permitted as accessory uses subject to Sections 2.202 and 2.203. B. Fence or free standing wall FINDING: The applicant is proposing to construct a 5 foot white vinyl fence on the side property line adjacent to Astor Way. A discussion of the proposed fence and Section 2.202 is included later in this report. Section 2.203 is not applicable to the proposed fence. Section 2.201.03 Fences and Freestanding Walls B. Location and Height in Yards Adjacent to a Street. 1. The location and height shall comply with the clear vision area standards, Section 3.103.10. FINDING: The proposed fence on the subject property is not located in the 30 foot vision clearance triangle at the intersection of Astor Way and Astor Court. The driveway for the subject property and abutting property to the south are not located on Astor Way so the 10 foot vision clearance triangle requirement is not applicable to this fence request. This approval criterion is met. 2. The location and height shall not exceed a height of 42 inches above the curb elevation, when located on the lot line abutting the street. For streets without curbs the maximum height shall be measured relative to the elevation of the center line of the improved street. 3. The height relative to the ground elevation under the fence, may increase one foot in height for each 6 feet of setback from the lot line, not to exceed a maximum height of seven feet. FINDING: The applicant is requesting a zoning adjustment to vary the maximum 42 inch height of a fence on a street fronting property line requirement to allow for a 5 foot vinyl fence to be located on the property line adjacent to Astor Way (1300 Astor Court). The zoning adjustment request is discussed in the next section of this report. Section 5.102.03 Zoning Adjustment Page 4- COUNCIL BILL NO. ORDINANCE NO. ... - T C. Criteria. A determination of whether the criteria set forth are satisfied necessarily involves the balancing of competing and conflicting interests. 1. The adjustment is necessary to prevent unnecessary hardship relating to the land or structure. Factors to consider in determining whether hardship exists, include: a. Physical circumstances over which the applicant has no control related to the piece of property involved that distinguish it from other land in the zone, including but not limited to lot size, shape, topography. b. Whether reasonable use similar to other properties in the same zone can be made of the property without the adjustment. c. Whether the hardship was created by the person requesting the adjustment. FINDING: The subject property is a 5,583 square foot corner lot. The garage and entrance to the house on the subject property face Astor Court and not Astor Way. The applicant is requesting a zoning adjustment to vary the maximum 42 inch height of a fence on a street fronting property line requirement to allow for a 5 foot vinyl fence to be located on the property line adjacent to Astor Way (1300 Astor Court). The fence is intended to enclose a portion of the applicant's side and rear yards. The applicant has shown on the submitted site plan that the proposed fence will not be located in the 10 foot driveway vision clearance triangle or the 30 foot corner vision clearance triangle. The applicant stated that the property owner located to the south of the subject property plans on submitting a zoning adjustment application to continue the fence onto their property. The subject property is part of a two lot block where both lots side onto Astor Way and neither lot has a driveway accessing Astor Way. Section 2.201.03 of the WOO requires a 5 foot fence to be 12 feet from a property line adjacent to a street. Due to the small size of the subject property (5,583 square foot corner lot), the applicant would only have a 4 foot enclosed side yard and reduced rear yard area if the proposed fence had to be at least 12 feet from the property line adjacent to Astor Way. The applicant desires to provide a reasonable level of security and privacy to the rear and Page 5- COUNCIL BILL NO. ORDINANCE NO. ,.. r ,. side yard that cannot be provided with a 42 inch high fence. 2. Development consistent with the request will not be materially injurious to adjacent properties or to the use of the subject property. Factors to be considered in determining whether development consistent with the adjustment is "injurious" include but are limited to: a. Physical impacts such development will have because the adjustment, such as visual, noise, traffic and drainage, erosion and landslide hazards. b. If the adjustment concerns joint use parking, the hours of operation of the uses sharing vehicle parking shall not create a competing parking demand. c. Incremental impacts occurring as a result of the proposed adjustment. FINDING: The applicant is proposing to vary the maximum 42 inch height of a fence on a street fronting property line to allow for a 5 foot vinyl fence to be located on the property line adjacent to Astor Way (1300 Astor Court). The fence is intended to enclose a portion of the applicant's side and rear yards. The driveway for the subject property and the abutting property to the south are located on Astor Court and not on Astor Way. The applicant has shown on the submitted site plan that the proposed fence will not be located in the 10 foot driveway vision clearance triangle or the 30 foot corner vision clearance triangle. The applicant stated that the property owner located to the south of the subject site plans on submitting a zoning adjustment application to continue the fence onto their property. The proposed fence has been approved by the Senior Estates Planning Board. The 5 foot fence will not be injurious to adjacent properties because the fence will not abut any driveways where vision clearance would be adversely affected. 3. The adjustment is the minimum deviation from the standard necessary to make reasonable use of the property; FINDING: The applicant wants to fence off a portion of its side yard adjacent to Astor Way. If the applicant does not receive zoning adjustment approval for the proposed fence location, then the applicant would have to install the fence at least 12 feet from Page 6- COUNCIL BILL NO. ORDINANCE NO. 11"'.. .. ,.-.,,-.,. .. 'y -.---...--..~.----....--.-' T the side property line adjacent to Astor Way which would significantly reduce the area enclosed by the proposed fence. It is reasonable to conclude that a 5 foot fence is the minimum fence necessary to provide for a reasonable level of security and privacy for the rear yard. 4. The adjustment does not conflict with the Woodburn Comprehensive Plan. FINDING: The Woodburn Development Ordinance implements the goals and policies in the Woodburn Comprehensive Plan. The applicant shows on the site plan that the required driveway and corner vision clearance triangles will not be affected by the proposed location of the 5 foot vinyl fence on the property line adjacent to Astor Way. The property located to the south of the subject site will not be negatively impacted by the proposed fence. D. Maximum Adjustment permitted. 10. Fences and Free Standing Walls: The location or height of a fence or free standing walls, EXCLUDING the adjustment of any such facilities within a clear vision area. FINDING: A fence 5 feet in height is required to be located 12 feet from the property line adjacent to a street per Section 2.201.03 of the WOO. The applicant is proposing to construct a 5 foot white vinyl fence on the side property line adjacent to Astor Way. The applicant shows on the site plan that the required 10 foot driveway and 30 foot corner vision clearance triangles will not be affected by the proposed fence adjacent to Astor Way. This approval criterion is met. VI. CONCLUSION: Based on the findings contained herein, all relevant approval criteria relating to the approval of this zoning adjustment request have been met. Page 7- COUNCIL BILL NO. ORDINANCE NO. ......-.,.._'~._.~-.- . " ,. T EXHIBIT "B" CONDITIONS OF APPROVAL ZONING ADJUSTMENT 03-03 COMMUMTYDEVELOPMENTDEPARTMENT 1. The fence shall be built as shown on the submitted fence plan and elevation provided as Exhibit "A" (date stamped September 26,2003 and September 2,2003). 2. Zoning Adjustment approval allows the maximum 42 inch height of a fence on a street fronting property line requirement to be varied to allow for a 5 foot vinyl fence to be located on the property line adjacent to Astor Way (1300 Astor Way). 3. The applicant shall submit a fence permit to the Community Development Department for review and approval prior to installation of the fence. 4. The property owner/applicant shall submit to the Community Development Department a signed "Acceptance of Conditions" agreeing to all conditions of approval prior to fence permit approval. 5. Any conditions attached to the approval of the zoning adjustment shall be conditions on the issuance of a building permit. A violation of the conditions shall be considered a violation of the Woodburn Development Ordinance. Page 8- COUNCIL BILL NO. 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