HomeMy WebLinkAboutEitel Permit HearingDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of June 21, 2010
Please see directions for completing this document on the next page.
DATE: April 29, 2010
FROM: Kevin Harrison CDD Phone #385-1401
TITLE OF AGENDA ITEM:
Oral legal arguments for an on the record review of File Nos. LL 10-15 and LM 10-17, land use per nits
issued to Matthew and Cara Eitel which granted approval of a landscape management site plan for the
construction of a detached garage/shop, and a lot line adjustment. The Board of County Commissioners
will not accept new evidence.
PUBLIC HEARING ON THIS DATE? YES, but only to allow oral legal arguments.
BACKGROUND AND POLICY IMPLICATIONS:
The Eitels submitted applications on March 22, 2010 for site plan review of a detached garage/silt p and
a lot line adjustment in order to resolve a code violation (C-10-6). The detached garage/shop strut ture
was partially constructed by the Eitels without benefit of necessary land use permits. The position of
the partially constructed garage/shop structure did not meet the required setbacks of the RR -10 zo ie;
therefore, a property line adjustment with the abutting property was also included in the application in
order to provide the required setback distance. Staff granted administrative approval of LM -10-17 and
LL -10-15 on April 8, 2010. The appeal period for these decisions ended on April 21, 2010. The I3OCC
voted to initiate review of the decisions on April 14, 2010 and signed Order No. 2010-029 on April 21,
2010. The 150 -day period ends August 28, 2010.
The Board's review will be to decide whether the record before the Board demonstrates that the staff
properly interpreted the county code provisions applicable to these applications.
FISCAL IMPLICATIONS:
None
RECOMMENDATION & ACTION REQUESTED:
As detailed in Order No. 2010-029, the BOCC should conduct a hearing on the record, but allow oral
legal argument regarding the record and not allow new evidence to be submitted either orally or in
writing. The Board may choose to deliberate immediately after the oral arguments or set another date
for the deliberations and decision.
ATTENDANCE: Kevin Harrison
DISTRIBUTION OF DOCUMENTS:
No documents to distribute at this time.
Community Development Department
Planning Division Building Safety Division Environmental Health Division
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.lis/cdd/
NOTICE OF PUBLIC HEARING
The Deschutes County Board of County Commissioners (BOCC) will hold a Public Hearing on
June 21, 2010 at 10:00 a.m. in the Barnes and Sawyer Rooms of the Deschutes Services
Center, located at 1300 NW WaII Street in Bend, to consider the following request:
FILE NUMBERS: LM -10-15 and LL -10-17
SUBJECT:
APPLICANTS/OWNERS:
OWNER:
LOCATION:
Board of County Commissioners review of an Administrative
Decision for conditional approval of a Landscape Management
Site Plan review for the construction of a detached garage/shop in
a Landscape Management (LM) Combining Zone and a lot line
adjustment between abutting properties.
Matthew and Cara Eitel
60630 River Bend Drive
Bend OR 97702
Michael A Hall
P.O. Box 5961
Bend, OR 97708
The property is identified on the County Assessor's tax map 16•
11-25 as Tax Lot 1200.
ALL INTERESTED PERSONS MAY APPEAR, BE HEARD, BE REPRESENTED BY
COUNSEL, OR SEND WRITTEN SIGNED TESTIMONY. ALL WRITTEN REPLIES MUST BE
RECEIVED BY THIS DEPARTMENT PRIOR TO THE HEARING DATE OR SUBMITTED AT
THE HEARING. ANY PARTY TO THE APPLICATION IS ENTITLED TO A CONTINUANCE
OF THE INITIAL EVIDENTIARY HEARING OR TO HAVE THE RECORD LEFT OPEN Ihl
ACCORDANCE WITH SECTION 22.24.140 OF THE DESCHUTES COUNTY CODE.
Recipients of this notice may request a copy of the Staff Report (25 cents a page). Any persoli
submitting written comment or who presents testimony at the hearing will receive a copy of the
decision.
Failure to raise an issue in person at the hearing or in writing precludes appeal by that person to
the Land Use Board of Appeals (LUBA). Failure to provide statements of evidence sufficient t
afford the decision -maker an opportunity to respond to the issue precludes appeal to LUBA
based on that issue.
Quality Services Performed with Pride
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON.
An Order Accepting Review of Administrative
Decision in File Nos. LL-10-15/LM-10-17.
*
ORDER NO. 2010-029
WHEREAS, Deschutes County Code ("DCC") 22.28.050 allows the Deschutes County Board
of County Commissioners ("Board") to initiate review of an administrative decision; and
WHEREAS, the Board gave due consideration as to whether to review Administrative Decisic n
File No. LL10-15/LM10-17, and on April 14th, 2010, voted to initiate review; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
HEREBY ORDERS as follows:
Section 1. The Board will review Administrative Decision - File No. LL10-15/LM10-17
pursuant to Title 22 of the Deschutes County Code and other applicable provisions of the County land
use ordinances.
Section 2. The review shall be heard on the record.
Section 3. Oral legal argument regarding the record shall be allowed, but no new evidence
maybe submitted.
Section 4. The applicable criteria for this review can be found in the Staff Report and any part
may inspect that report for free at http://lava5.deschutes.org/research/index.cfrn.
Section 5. Pursuant to DCC 22.24.110, prior to or at the commencement of the hearing, at
party may challenge the qualification of the Board, or a member thereof, for bias, prejudgment r•
personal interest.
Dated this e of 20 0 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
(b114 -“At-- (6-det.A.
Recording Secretary
Page 1 of 1— ORDER NO. 2010-029 (4/21/10)
DENNIS R. LUKE, Chair
Jent-
ALAN UNGER, Vice Chair
TAMMY 131NEY, Comm loner
'
Community Development Department
Planning Division Building Safety Division Environmental Health Division
117 NW Lafayette Avenue Bend Oregon 97701-1925
(541)388-6575 FAX (541)385-1764
http://www.co.deschutes.or.us/cdd/
FINDINGS AND DECISION
FILE NUMBERS: LM-10-17/LL-10-15
APPLICANT: Matthew and Cara Eitel
60630 River Bend Drive
Bend, OR 97702
OWNERS:
PROPOSAL:
Matthew and Clara Eitel
60630 River Bend Drive
Bend, OR 97702
and
Michael Hall
P.O. Box 5961
Bend, OR 97708
Landscape Management Site Plan review for the construction of a
detached garage/shop in a Landscape Management (LM) Combining
Zone and a lot line adjustment between abutting properties.
STAFF CONTACT: Chris Bedsaul, Associate Planner
I. APPLICABLE CRITERIA:
Title 17 of the Deschutes County Code, the County Zoning Ordinance
Title 18 of the Deschutes County Code, the County Zoning Ordinance.
Chapter 18.60, Rural Residential Zone
Chapter 18.84, Landscape Management Combining Zone
Chapter 18.116, Supplementary Provisions
Chapter 18.182, Minor Variances
Title 22, Deschutes County Development Procedures Ordinance
ORS 92 Subdivisions and Partitions
II. BASIC FINDINGS:
A. LOCATION: The subject property for LM -10-17 and LL -10-15 (site) is located at 60630
River Bend Drive. The subject property for LL -10-15 is located at 19135 Rustic Canyon
Quality_ Services Performed with Pride
Road. The sites are identified on Deschutes County Assessor's Map 18-11-23A, as Tax
Lots 5300 and 8400.
B. LOT OF RECORD: The subject properties are legal lots of record, as tax lot 8400 is a
portion of Lot 139A, River Bend Estates (see LM -98-181) and tax lot 5300 is Lot 53,
Block 0, River Bend Estates Partial Re -subdivision (see CS09306).
C. ZONING: The property is zoned Rural Residential (RR -10). The property is also within
Landscape Management (LM) Combining Zone.
D. SITE DESCRIPTION: The subject properties are located within the Deschutes River
corridor Landscape Management (LM) Combining Zone boundary are generally level,
and are vegetated with existing mature pine trees. Both tax Tots contain driveway
access to abutting River Bend Drive or Rustic Canyon Road that are classified as rural
local roads. Both lots contain existing single-family dwellings and tax lot 5300 contains a
garage/shop structure that was constructed previously without the proper building permit
(see C1016) and the required Landscape Management review.
E. SURROUNDING USES: The area surrounding the subject properties to the east, west,
north and south are zoned Rural Residential (RR -10) and contain existing single-family
dwellings with accessory structures. The Deschutes River and floodplain boundary are
located approximately 460 feet northwest of tax lot 5300 and approximately 510 feet
north of tax lot 8400.
F. PROPOSAL: Landscape Management Site Plan review for a detached garage/shop on
tax lot 5300 and lot line adjustment between tax lots 5300 and 8400 that are abutting
properties. The applicant has submitted an application in support of the proposal. The
application materials are incorporated herein by reference.
G. REVIEW PERIOD: The applications were submitted on March 30, 2010. The Planning
Division deemed the applications complete and accepted them for review on March 30,
2010. The 150th day on which the County must take final action is August 27, 2010.
III. CONCLUSIONARY FINDINGS:
TITLE 17
A. Chapter 17.08, DEFINITIONS AND INTERPRETATION OF LANGUAGE AND
ORS 92 DEFINITIONS
1. Section 17.08.030. Definitions Generally.
"Property line" means the division line between two units of
land.
"Property line adjustment" means the relocation of a common
property line between two abutting properties.
ORS 92
1. 92.010 Definitions for ORS 92.010 to 92.192
LM-10-17/LL-10-15
Page 2 of 7
***
(12) "Property line adjustment" means a relocation
or elimination of all or a portion of the common
property line between abutting properties that does not
create an additional lot or parcel.
FINDING: This application includes a relocation of a common boundary between Tax Lots
5300 and 8400.
The lot line adjustment will occur between tax lots 5300 and 8400 identified on County
Assessor's Map 18-11-23A. The subject properties are legal lots of record, as tax lot 8400 is a
portion of Lot 139A, River Bend Estates (see LM -98-181) and tax lot 5300 is Lot 53, Block 0,
River Bend Estates Partial Re -subdivision (see CS09306).
Tax lot 5300 is currently 1.115 acres (as shown on CS09306)1 in size and tax lot 8400 is 3.130
acres in size. After the adjustment, tax lot 5300 would be increased to 1.127 acres in size and
tax lot 8400 would be decreased to 3.118 acres in size.
The proposed parcel adjustments are within the allowed limits (see findings in DCC 18.132.025
below). The lot line adjustment does not affect any septic systems and does not affect any
water rights on the property.
B. CHAPTER 18.60, RURAL RESIDENTIAL ZONE
1. Section 18.60.020, Uses permitted outright.
The following uses and their accessory uses are permitted
outright:
A. A single-family dwelling, or a manufactured home
subject to DCC 18.116.070.
FINDING: The applicant is proposing a detached garage/shop as an accessory structure to the
existing dwelling on Tax Lot 5300. The garage/shop structure is associated with the existing
residential use, therefore, is also permitted outright.
2. Section 18.60.040, Yard and setback requirements.
In an RR 10 Zone, the following yard and setbacks shall be
maintained.
A. The front setback shall be a minimum of 20 feet
from a property line fronting on a local street
right of way, 30 feet from a property line
fronting on a collector right of way and 50 feet
from an arterial right of way.
1 The applicant material indicates a lot size of 39,204 square feet for the area of tax lot 5300. Staff has
elected to use the platted subdivision dimensions to determine the previously recorded area of tax lot
5300.
LM-10-17/LL-10-15
Page 3 of 7
FINDING: The proposed garage/shop is to be located within tax lot 5300 abutting River Bend
Drive. River Bend Drive is classified as a rural local road. The proposed front yard (northwest
property line) setback for the garage/shop is 360 feet. This section has been complied with.
B. There shall be a minimum side yard of 10 feet
for all uses, except on the street side of a
corner lot the side yard shall be 20 feet.
FINDING: The garage/shop location will have a 10 feet 6 inches side yard (southwesterly
property line) and a 20 feet side yard (easterly property line following the lot line adjustment). This
section can be met upon completion of the lot line adjustment.
C. The minimum rear yard shall be 20 feet.
FINDING: The garage/shop location will have a 27 foot rear yard (following the lot line
adjustment). This section can be met upon completion of the lot line adjustment.
D. The setback from the north lot line shall meet
the solar setback requirements in DCC
18.116.180.
FINDING: The applicant indicates that the garage/shop is 21 feet in height (see 18.60.060(B)
below) and the roof peak is parallel to the southwestern property line. To ensure the structure
does not exceed 30 feet in height, a condition of approval will stipulate that structures on the lot
must comply with the 30 -foot height limit and the solar requirements of Section 18.116.180
(noted below). This section can be complied with.
E. In addition to the setbacks set forth herein, any
greater setbacks required by applicable
building or structural codes adopted by the
State of Oregon and/or the County under DCC
15.04 shall be met.
FINDING: No additional setbacks will be required.
3. Section 18.60.060, Dimensional Standards.
A. Lot Coverage. The main building and acces-
sory buildings located on any building site or
lot shall not cover in excess of 30 percent of the
total lot area.
FINDING: The existing lot contains 49,092 square feet (1.115 acres). According to Deschutes
County Assessor records, the existing dwelling and garage/shop cover 2,144 square feet in
area. The proposed garage/shop is 20' x 28' (560 sq. ft.). The total proposed lot coverage will
be 2,704 sq. ft. The total proposed lot coverage will be 5.5 percent (2,704 _ 49,092), therefore
not exceeding 30 percent. This section has been complied with.
B. Building Height. No building or structure shall
be erected or enlarged to exceed 30 feet in
height, except as allowed under DCC
18.120.040.
LM-10-17/LL-10-15 Page 4 of 7
FINDING: The applicant has noted to staff, in a telephone conversation on March 30, 2010,
that the proposed garage/shop will be 21 feet in height and the roof peak parallels the
southwesterly property line. This section has been complied with.
C. CHAPTER 18.84 LANDSCAPE MANAGEMENT COMBINING ZONE (LM)
1. Subsection 18.84.050, Use limitations.
B. Structures which are not visible from the designated
roadway, river, or stream and which are assured of remaining
not visible because of vegetation, topography, or existing
development are exempt from the provisions of Section
18.84.080 (Design Review Standards) and Section 18.84.090
(Setback Standards). An applicant for site plan review in the
Landscape Management Combining Zone shall conform with
the provisions of this Chapter, or may submit evidence that
the proposed structure will not be visible from the designated
road, river, or stream. Structures not visible from the
designated road, river, or stream must meet the setback
standards of the underlying zone.
FINDING: The Deschutes River is a County -designated Landscape Management corridor. The
proposed garage/shop location is located over 820 feet southeast of the river. The proposed
garage/shop is visually hidden from the Deschutes River due to existing residential dwelling
development, rimrock face exceeding 50 feet in height, moderate density landscaping, natural
brush vegetation and mature pine trees. Staff conducted a site visit to the subject property on
March 30, 2010 to verify whether the proposed garage/shop would be visible from the
Deschutes River. Due to the mature existing vegetation and residential dwelling development
between the river and the proposed garage/shop building site, Staff finds the proposed
garage/shop structure, as well as any new development within the entire lot, would not visible
from the Deschutes River and, thus, is exempt from the provisions of Section 18.84.080 (Design
Review Standards) and Section 18.84.090 (Setback Standards).
2. 18.84.095, Scenic waterways.
Approval of all structures in a State Scenic Waterway shall be
conditioned upon receipt of approval of the State Parks Department.
FINDING: The subject property lies inside a State Scenic Waterway boundary. The applicant
shall obtain approval of the structure from the State Parks Department.
D. CHAPTER 18.116, SUPPLEMENTARY PROVISIONS
1. Section 18.116.180, Building Setbacks for the Protection of Solar Access
***
B. Standards. Every new structure or addition to an
existing structure, excepting lots less than 10,000
square feet in size or under 80 -feet average width, as
defined by DCC 17.08.030 "lot width," and located in
LM-10-17/LL-10-15 Page 5 of 7
the Neighborhood Planning Area of the Urban
Unincorporated Community — La Pine, shall meet the
following standards for a solar setback from the north
lot line, except as provided in DCC 18.116.180(B)(3):
1. South Wall Protection Standard. The south
wall protection standard is based on an eight -
foot solar fence on the subject property's north
lot line which allows solar radiation on a
neighboring building's south wall above two
feet from the ground, assuming a 20 -foot
setback from the common property line to the
neighboring building. Solar setbacks for the
south wall protection standards can be
calculated with the diagram in Appendix A-1 or
estimated with the table in Appendix A-2.
FINDING: The subject property contains a "North Lot Line" that requires solar protection
standards. The proposed garage/shop roof peak height is 21 feet. The required solar setback
distance is 42 feet from the roof peak to the "North Lot Line". The solar setback distance from
the garage/shop to the "North Lot Line" exceeds 65 feet. This section has been complied with.
E. VARIANCES
1. 18.132.025 Minor Variances.
A variance seeking to depart from on-site requirements of DCC Title
18, such as setbacks and area requirements, by no greater than 10
percent of the required distance or area may be granted by the
Planning Director or Hearings Body in conformance with DCC
18.132.025.
B. A parcel that is smaller than the minimum lot size at the
time of application may not be reduced by more than 10
percent from its current size without a variance.
FINDING: Both tax Tots 5300 and 8400 are less than the minimum lot size of 10 acres in the
Rural Residential (RR -10) zone. The proposed lot line adjustment will not reduce the size of tax
lot 8400 by more than 10%. This section has been complied with.
IV. CONCLUSION:
The proposed structure(s) will meet the criteria for development within the Landscape
Management combining zone if the conditions specified below are met.
Other permits may be required. The applicant is responsible for obtaining any
necessary permits from the Deschutes County Building and Environmental Health
Divisions, the Deschutes County Road Department, as well as any required state or
federal permits.
LM-10-17/LL-10-15
Page 6 of 7
V. DECISION:
APPROVAL of the Landscape Management Review and Lot Line Adjustment subject to
the following Conditions of Approval.
VI. CONDITIONS OF APPROVAL:
1. Approval is based upon the site plan and information submitted by the applicant. Any
substantial change in the plan shall require a new application.
2. The Applicant shall obtain placement and building permits for the structure(s) from the
County Building Safety Division.
3. Structures on the lot shall comply with the 30 -foot height limit and the solar requirements
of Section 18.116.180.
4. The Applicant shall obtain approval of the structure from the State Parks Department.
5. All exterior lighting must comply with the Deschutes County Covered Outdoor Lighting
Ordinance per Sections 15.10 of Title 15 of the DCC.
6. No building permit shall be issued until the Conditions 7 thru 9, noted below, for LL -10-
15 have been completed.
7. Except as provided in ORS 92.060(8-10), the adjusted property lines shall be surveyed
and monumented by a registered professional land surveyor and a survey complying
with ORS 209.250, shall be filed with the County Surveyor. A copy of the recorded
survey shall be submitted to the Planning Division.
8. Written accurate legal descriptions of the adjusted units of land shall be submitted to
the Planning Division.
9. New deeds, reflecting the units of land in their new configuration, shall be recorded with
the Deschutes County Clerk, and a copy of the recorded deeds shall be submitted to the
Planning Division.
This decision becomes final twelve (12) days after the date mailed, unless appealed by a
party of interest.
DESCHUTES COUNTY PLANNING DIVISION
Written by: Chris Bedsaul, Associate Planner
Riewed by: Kevin M. Harrison, Principal Planner
Dated this 8,h day of April, 2010.
LM-10-17/LL-10-15
Mailed this 8'h day of April, 2010.
Page 7 of 7
Photo Map - Tax Lot: 181123A005300
Deschutes County Community Development Department, Date: April 07, 2010
■ AIRPORT
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