HomeMy WebLinkAboutDoc 546 - Eitel DecisionDeschutes County Board of Commissioner;
1300 NW Wall St., Suite 200, Bend, OR 97701-196()
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of August 4, 2010
Please see directions for completing this document on the next page.
DATE: July 21, 2010
FROM: Kevin Harrison CDD 541.385.1401
TITLE OF AGENDA ITEM:
Consideration of approval and signature of Document No. 2010-546, Findings and Decision for the
Board of County Commissioners in File Nos. LM -10-17 and LL -10-15 (Eitel).
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
Staff of the County Planning Division issued approvals for land use file nos. LM -10-17 and LL -10-15
on April 8, 2010. The Board of County Commissioners (Board) adopted Order No. 2010-029 on April
21, 2010, initiating review of those land use decisions. The Board conducted a hearing on June 2 L,
2010 and rendered an oral decision on July 19, 2010, affirming the staff decisions but modifying a
condition of approval to the decision. Document No. 2010-546 puts that oral decision into writing
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Approve and sign Document No. 2010-546 as written or as modified by the Board.
ATTENDANCE: Kevin Harrison
DISTRIBUTION OF DOCUMENTS:
Kevin Harrison, CDD
Legal Counsel
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
DECISION OF DESCHUTES COUNTY
BOARD OF COUNTY COMMISSIONERS
FILE NUMBERS:
APPLICANTS/OWNERS:
REQUEST:
LM-10-17/LL-10-15
Matthew and Cara 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.
I. APPLICABLE STANDARDS AND CRITERIA:
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. FINDINGS OF FACT:
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
Road. The sites are identified on Deschutes County Assessor's Map 18-11-23A, as tax lots
5300 and 8400, respectively.
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).
Page 1 of 8 - DECISION OF DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS
in LM-10-17/LL-10-15 (EITEL) — Deschutes County Document No. 2010-546
C. ZONING: The properties are zoned Rural Residential (RR -10). The property is also within
the Landscape Management (LM) Combining Zone associated with the Deschutes River.
D. SITE DESCRIPTION: The subject properties are generally level and are vegetated with
mature pine trees. Tax lot 5300 has driveway access to River Bend Drive; tax lot 8400 has
driveway access to Rustic Canyon Road. Both roads 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 and land use permits
(See: code enforcement case file no. C1016).
E. SURROUNDING LAND 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 is located approximately 460 feet
northwest of tax lot 5300 and approximately 510 feet north of tax lot 8400.
F. PROPOSAL: The applicant request Landscape Management Site Plan review for a
detached garage/shop on tax lot 5300 and a property line adjustment between tax lots 5300
and 8400. 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.
H. PROCEDURAL HISTORY: Staff of the County Planning Division issued administrative
approvals for file nos. LM -10-17 and LL -10-15 on April 8, 2010. The Board of County
Commissioners (Board) adopted Order No. 2010-029 on April 21, 2010, initiating review of
those land use decisions. The Board conducted a hearing on the record on June 21, 2010, to
determine whether staff properly interpreted county code provisions applicable to the land
use decisions. The Board left the record open until June 28 for all parties to submit written
legal argument, and until July 6 for the applicant' s final rebuttal. One letter from the Frasers
was submitted during the comment period. The Board rendered its oral decision on July 19,
2010, affirming the staff decisions but modifying a condition of approval to the decision.
III. CONCLUSIONS OF LAW:
OREGON REVISED STATUTES (ORS) CHAPTER 92.
A. 92.010 Definitions for ORS 92.010 to 92.192.
(12) "Property line adjustment" means 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.
Page 2 of 8 - DECISION OF DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS
in LM-10-17/LL-10-15 (EITEL) — Deschutes County Document No. 2010-546
FINDING: This application includes a relocation of a common boundary between Tax Lots 5300
and 8400. The property 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 Board finds that the proposed adjustments are within the allowed limits (see findings in DCC
18.132.025 below). The property line adjustment does not affect any septic systems and does not
affect any water rights on the property.
Title 18 Deschutes County Zoning Ordinance.
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 and, 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.
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. The Board finds 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.
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.
Page 3 of 8 - DECISION OF DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS
in LM-10-17/LL-10-15 (EITEL) — Deschutes County Document No. 2010-546
FINDING: The garage/shop location will have a side yard setback of 10.5 feet from the
southwesterly property line and a 20 foot side yard setback from the easterly property line, following
the property line adjustment. At the hearing on June 21, 2010, the Board heard testimony from the
applicants indicating that they knowingly and willingly started construction without benefit of required
permits. The Board also heard testimony from neighboring property owners that called into question
the accuracy of the information submitted by the applicants regarding the location of the structure
relative to existing and proposed lot lines. The Board also heard testimony that this garage/shop is not
the first time this applicant has constructed a structure on the property without the property county
approvals. These structures were built despite residential construction being the applicant's profession.
Thus, the applicant would have known of the permit requirements. Therefore, the Board finds that the
applicant's assurances that the garage complies with the required side yard setbacks are not credible.
For these reasons, the Board finds this section can be met upon completion of the lot line adjustment,
and submittal of a boundary survey with the plot plan for the building permit which shows the lot lines
as adjusted (except the front lot line) and the setbacks from the structure to those side property lines.
C. The minimum rear yard shall be 20 feet.
FINDING: The garage/shop will have a 27 foot rear yard following the lot line adjustment. As
described about, the Board finds this section can be met upon completion of the lot line adjustment
along with a condition of approval regarding a boundary survey with the plot plan for the building
permit.
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). The Board finds 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 accessory buildings located on any
building site or lot shall not cover in excess of 30 percent of the total lot area.
FINDING: The lot contains 49,092 square feet (1.115 acres). According to the records of the
Deschutes County Assessor, 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
Page 4 of 8 - DECISION OF DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS
in LM-10-17/LL-10-15 (EITEL) — Deschutes County Document No. 2010-546
square feet, or 5.5 percent (2,704 - 49,092). The Board finds 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.
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. The Board finds 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 designated Landscape Management corridor. The proposed
garage/shop 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, a canyon wall
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 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). The Board
affirms these findings and adopts them as their own.
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. This will be attached as a condition of
approval.
Page 5 of 8 - DECISION OF DESCHLTTES COUNTY BOARD OF COUNTY COMMISSIONERS
in LM-10-17/LL-10-15 (EITEL) — Deschutes County Document No. 2010-546
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 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. 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. The Board finds 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 lots 5300 and 8400 are less than the minimum lot size of 10 acres in the Rural
Residential (RR -10) zone. Tax lot 8400 will be decreased in size by less than 1%. Therefore, the
proposed property line adjustment will not reduce the size of tax lot 8400 by more than 10%. The
Board finds this section has been complied with.
Page 6 of 8 - DECISION OF DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS
in LM-10-17/LL-10-15 (EITEL) — Deschutes County Document No. 2010-546
IV. DECISION:
Except where amended above, the Board affirms the staff decision with respect to LM -10-17 and
LL -10-15, subject to the following Conditions of Approval.
V. 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 building permits for the structure from the County Building
Safety Division. The plot plan submitted for these permits shall contain a boundary survey,
prepared by a registered professional land surveyor, showing all lot lines except the front,
with setback distances to the garage/shop building.
3. The structure 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.
///
Page 7 of 8 - DECISION OF DESCHUTES COUNTY BOARD OF COUNTY COMMISSIONERS
in LM-10-17/LL-10-15 (EITEL) — Deschutes County Document No. 2010-546
V. DURATION OF APPROVAL:
The applicants shall complete all conditions of approval and initiate the proposed use within two (2)
years of the date this decision becomes final, or obtain an extension of time pursuant to Section
22.36.010 of the County Code, or this approval shall be void.
Dated this of , 2010 BOARD OF COUNTY COMMISSIONERS
ATTEST:
DENNIS R. LUKE, Chair
ALAN UNGER, Vice Chair
Recording Secretary TAMMY BANEY, Commissioner
Mailed this day of , 2010.
THIS DECISION BECOMES FINAL UPON MAILING. PARTIES MAY APPEAL THIS
DECISION TO THE LAND USE BOARD OF APPEALS WITHIN 21 DAYS OF THE DATE O1
WHICH THIS DECISION IS FINAL.
Page 8 of 8 - DECISION OF DESCHU 1ES COUNTY BOARD OF COUNTY COMMISSIONERS
in LM-10-17/LL-10-15 (EITEL) — Deschutes County Document No. 2010-546