Decision - Laserfiche WebLink

OAVI 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.