HomeMy WebLinkAboutDecisionOAVI NO Findings and Decision of the Eugene Planning Director
Lot Validation Approval For:
Caryn and Todd Gillen (LV 21-6)
Submitted: July 23, 2021
Complete: August 19, 2021
Applicant: Todd and Caryn Gillen
Map/Lot(s): 17-04-24-34-02200 Zoning: R-1/UL
Location: 25 Knoop Lane
Lead City Staff: Amy Janisch, Land Use Planning Specialist (541) 682-5699
EVALUATION:
Based on the information provided by the applicant, the City has determined that this request is available for
the lot validation process under Oregon Revised Statues (ORS) Section 92.177. As such, it is subject to review
and approval in accordance with the requirements and criteria of ORS 92.176. The relevant approval criteria
are presented below in bold typeface with findings and conclusions following each.
1) A county or city may approve an application to validate a unit of land that was created by a
sale that did not comply with the applicable criteria for creation of a unit of land if the unit
of land:
(a) Is not a lawfully established unit of land; and
(b) Could have complied with the applicable criteria for the creation of a lawfully
Findings:
(a) With regard to ORS 92.176(1)(a), the subject unit of land (the westerly 68 feet of Tax Lot number 02200)
was not lawfully established because its current configuration was created by a deed recorded in 1965
(Deed 19915/19916). Therefore, the lot would need to meet the standards of the Eugene Code in 1965.
Eugene Code 9.0500 defines a legal lot as having a boundary that was established through a partition or
subdivision procedure, or by a deed that was signed before April 2, 1962, or through approval of an
application to validate a unit of land consistent with ORS 92.176.
(b) With regard to ORS 92.176(1)(b), the subject unit of land could have complied with the lot standards in
effect when the unit of land was created. The following findings demonstrate compliance with the lot
standards that were in effect at the time. This lot frontage is approximately 68 feet which would have
exceeded the minimum requirement of 60 feet of frontage. The average lot width exceeds the minimum
requirement of 68 feet. The lot depth is approximately 140 feet which exceeded the minimum requirement
of 80 feet. The lot size is approximately 9,500 square feet which exceeded the requirement of 6,000 square
feet. Based on the above findings, this criterion is met.
application to validate a unit of land under this section if the county or city approved a
permit, as defined in ORS 215.402 or 227.160, respectively, for the construction or
placement of a dwelling or other building on the unit of land after the sale. If the permit
was approved for a dwelling, the county or city must determine that the dwelling qualifies
for replacement under the criteria set forth in ORS 215.755 (1)(a) to
Findings:
The house was built in 1985 and no permit can be located for the structure; therefore, this criterion is not
icable.
:ounty or city
227.160, respectively, or a permit under the applicable state or local building code for the
continued use of a dwelling or other building on a unit of land that was not lawfully
established if:
(a) The dwelling or other building was lawfully established prior to January 1, 2007; and
the dwelling or other
Findings:
As no permit is currently being applied for, this criterion does not apply.
unlawfuliv created on or after January 1, 2007.
Findings:
The unit of land was created in 1965. As this date is prior to January 1, 2007, this criterion is met.
DECISION:
Based on the above findings, information submitted to date, and the applicable criteria set forth in Oregon
Revised Statues Section 92.177, approval of this request is hereby granted. The approved lot validation map
is attached, see "Exhibit A". This decision is effective on the 13th day after notice of this decision is mailed,
unless an appeal and fee is submitted in compliance with ORS 227.175(10)(a). This decision may be appealed
to the Eugene Hearings Official.
Decision Decision By:
Date: Aq Zl c
eff G p 7;,ge' anner,
fob a Eugene Planning Din
INFORMATION:
♦ ORS 92.176(5) requires that the plat be recorded within 90 days after the date that the City validates the unit of
land. ORS Chapter 92 requires a registered professional land surveyor to prepare the plat. Lot validation approval
will not be valid until the plat is recorded, per ORS 92.176(5).
♦ For properties within the City limits, the applicant shall submit the following directly to City of Eugene Public
Works Engineering, at 99 E. Broadway Suite 400 for review prior to recordation: (a) a copy of the plat, (b) the
Public Works $750.00 plat review fee, per plat (note: lot validation regulations allow one lot only per plat; the
PW fee is applied per plat), (c) the Planning lot validation review fee of $140.00, and (d) a copy of this decision.
Public Works final plat review typically can be accomplished within 30 calendar days, although the applicant
should submit the necessary materials for final review immediately after receipt of lot validation approval, to
allow time to resolve unexpected or unforeseen issues, so that it may be recorded within 90 days.
♦ The applicant is responsible for submitting a copy of the plat to Lane County, along with their fees. This should be
submitted at the same time that the applicant submits the plat and fees to the city. For information on County
fees contact the Lane County Surveyor's Office at (541) 682-3633.
♦ The property owners are responsible for payment of any public liens, assessments and fees that may be required
prior to recording the plat.
♦ Approval does not relieve the applicant from complying with other applicable codes and statutory requirements.
LOT VALIDATION FOR
GILLEN
SE 1/4, SW 114, SEC 24, T1 7S, R4T, WTI
EUGENE, LANE COUNTY, OREGON
JULY 6, 2021
S1,
11. 2100
n 22p1
t.01 3
S69'41'14'E
2
11- 503
R 502
/-LOT VALIDATION
oO' BOUNDARY
-36.0'
-52.9' -77
NOTES
1. THE AREA TO BE VALIDATED IS
APPROXIMATELY 9,706 SQUARE FEET.
2. NO EASEMENT OR OTHER RECORDED
RESTRICTIONS ARE KNOWN TO EXIST
ON THE SITE.
It
50A
vo
O
d
EXISTING OUTBUILDING
1
1,01
ao
g ORIGINAL M-PLAT
LOT BOUNDARIES
X
N89'41'141Y 68.00
XISTING HOUSE KNOOP LANE
HOUSE
*100 IL 40 n 1L 4200
30
0 60
ASSESSOR'S MAP(S) TAX MAP 17-04-24-34, TL 2200