BEFORE THE PLANNING COMMISSION
OF
YACHATS, OREGON
Request for 2-Lot Partition
Applicant: Gary & Ann Wiebe
Case File #2-PAR-PC-08
FINDINGS AND CONCLUSIONS
Nature of the Application
The applicant proposes to partition the existing 0.46 acre lot (19,839 square feet) into two lots.
The square footages of the two lots are proposed to be 8,506 and 11,333 square feet.
Relevant Facts
The following is a summary of the facts and testimony found to be relevant to this decision.
A. The subject property is located at 138 S. Hwy. 101 on the south side of Cape Ranch Road
and east of Highway 101, and further identified on Lincoln County Assessors Map #14-1227DD as tax lot 900, Parcel 3.
B. The existing lot totals 0.46 acres (19,839 square feet).
C. The subject property is zoned R-1 Residential with a comprehensive plan map designation of
residential.
D. There are no existing structures on the subject property.
E. Single family residences are located north, south, and west of the property. Undeveloped
land outside the city limits and urban growth boundary is located to the east.
F. Existing utilities available to the property include City of Yachats water and sewer; and
Central Lincoln PUD electricity.
G. No development constraints are identified.
I. The applicant submitted the application form, fee, and a proposed partition plat.
J. A public meeting was held before the Yachats Planning Commission on April 15, 2008 at
7:00 p.m. in order to consider the applicant’s request. Due notice of the meeting was given
and all interested parties were given an opportunity to present testimony. No testimony was
provided at the April 17, 2007 meeting.
K. No written testimony was received.
L. The Yachats Public Works Director stated that water and sewer services are available to the
subject site.
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Relevant Criteria
A. Yachats Municipal Code Chapter 9.12.040 R-1 Residential Zone Standards
1. The minimum lot area shall be 7,500 square feet when a lot is served by both a public
water supply and public sewage system.
2. (Not applicable)
3. The minimum lot width at the front building line shall be 60 feet for an interior lot and 65
feet for a corner lot when the lot is served by both a public water supply and public
sewage system.
4. (Not applicable)
5. The minimum lot depth shall be 80 feet.
6. Yards. The minimum yard requirements in the R-1 zone shall be as follows:
a) Front yard shall be a minimum of twenty (20) feet.
b) Each side yard shall be a minimum of either five feet or one foot for each three feet of
building height, whichever requirement is greater. Corner side yards shall not be used
for clothes lines, incinerators, permanent storage of trailers, boats and recreational
vehicles nor shall said yard be used for the regular or constant parking of automobiles
or other vehicles.
c) The street side yard shall be a minimum of twenty (20) feet.
d) The rear yard shall be a minimum of ten (10) feet, except that on a corner lot it shall
be a minimum of either five feet or one foot for each three feet of building height,
whichever requirement is the greater. Accessory buildings shall be set back not less
than five feet from the rear property line.
e) No structure shall be located closer than 60 feet from the center line of any state
highway…….
B. Yachats Municipal Code Chapter 9.56.00A Partitions, Section 9.56.020 General
Requirements and Minimum Standards of Design and Development
1) Conforms with the Comprehensive Plan.
2) Partitioning of land shall provide each lot, by means of a public or private street,
satisfactory vehicular access to an existing street.
3) Relation to adjoining street system.
4) Easements – where alleys are not provided, easements of not less than five feet in
width shall be provided on each side of the rear line or side line for necessary utility
lines, wires conduits, storm and sanitary sewers, gas and water. Easements of the
same or greater widths may be required along boundary lines or across lots or parcels
where necessary for the extension of utility lines, waterways, and walkways and to
provide necessary drainage ways or channels.
5) Public access ways may be required by the Planning Commission when necessary for
public convenience and safety.
6) Lots and Parcels:
a. Every lot and parcel shall abut on a street and the frontage of each shall not be
less than twenty-five (25) feet, unless the Planning Commission grants otherwise.
b. Each side line shall be as close to perpendicular to the adjacent street line or radial
to a curved street line as possible.
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c. Lots and parcels with double frontage shall not be permitted unless in the opinion
of the planning commission, an odd shaped tract or existing topography makes
such lot or parcel unavoidable.
d. Lot and parcel sizes and dimensions shall conform to the requirements for lot size
and area of the zoning classification in which the partition is located. In no case
shall a lot or parcel have an average depth less than eighty (80) feet.
e. Lots and parcels under twenty-five thousand (25,000) square feet in area must not
exceed a depth to width ratio of two and one-half to one. Lots and parcels over
twenty-five thousand (25,000) square feet in area must not exceed a depth to
width ratio of three and one-half to one.
C. Yachats Municipal Code Chapter 9.56.64 Street Construction and Design, Section
9.64.020 Private Streets
1. General Requirements.
a) Private streets shall provide access only to abutting lots. No street providing access
to other streets or to areas not abutting such streets shall be approved as private
streets.
b) At such time as a preliminary plan is proposed which includes private streets, all
adjacent property owners shall be notified of such proposal and the time and place of
the planning commission hearing.
c) A private road shall be approved provided:
1) The planning commission is satisfied that such street is not presently needed as a
public road;
2) It will never be extended through to adjacent property;
3) It will not be utilized for public road purposes in the normal growth area;
d) Modification of private street requirements and/or standards shall be approved only:
1) For street creation in areas where because of topographical or geological
conditions full compliance or strict adherence to the standards and requirements
would prevent reasonable access to the area; or
2) For access created to not more than three lots.
e) Standards for Private Streets
1) Private road right-of-way may be approved of less than fifty (50) feet in width
except that the right-of-way width shall not be less than ten percent of the road
length and in no instance shall the road right-of-way be less than thirty (30) feet
except that a private road to two lots may be twenty (20) feet in width. In all
instances where the road access is less than fifty (50) feet in width a ten foot
utility easement on each side of the road right-of-way or easement shall be
provided.
2) Improvements on private roads shall be the same as those for public roads
providing access to similar development, and shall adhere to all provisions of
Chapter 7.04.
Findings
The following is a summary of the Planning Commission findings:
1. R-1 Standards. The following table identifies the applicable R-1 standards and the proposed
3-lot partition.
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Standard
Lot Size
Lot Width at front bldg.
line
Avg. Lot Depth
Front Yard
Rear Yard
Side Yards
Minimum
Requirement
7,500 sq. ft.
60 ft. for interior lot
65 ft. for corner lot
80 ft.
20 ft.
10 ft.
Min 5’ or 1’ for every 3’
of building height
whichever is greater
Proposed
Proposed
Parcel 1
Parcel 2
8,506 sq. ft.
11,333 sq. ft.
-93 ft.
65 ft.
-93 ft.
101.5 ft.
Applicable at time of building permit application.
Applicable at time of building permit application.
Applicable at time of building permit application.
The above table demonstrates the two proposed parcels meet the minimum R-1 standards.
2. Parcel 1 Lot Width. The Parcel 1 65-foot lot width at the front building line is based on a
location where a reasonable building width is possible. There is a small triangular area
(112.5 sq. ft.) that is outside the required front yard. However this triangular area is, for the
most part, considered unbuildable because of the small size and triangular shape.
3. Partitions. General Requirements and Minimum Standards of Design and Development
The following table identifies the applicable partition standards and the proposed 3-lot
partition.
Standard
Conforms with
Comprehensive Plan
Access by means of a public
or private street
Private street right-of-way
width ≤10% of length but
not less than 30’. Min. 20’
right-of-way to two lots.
Lot Depth to Width Ratio:
Max. 2.50 to 1.00 (for lots
≤25,000 sf)
Easements
Public access ways
Min. 25 feet of street
frontage unless the Planning
Commission grants
otherwise.
Side lines perpendicular to
street
Water and sewer availability
Proposed 2-Lot Partition
The two proposed lots conform to the Comprehensive plan re: land use,
transportation, etc. goals and policies.
The two lots are proposed to be accessed from a 30 foot wide and a 25
foot wide private street. Note that a third (existing) parcel is also
accessed from this private street therefore a minimum 30 foot private
street width is required where more than two lots are accessed from the
private street. The private street narrows back to the existing 25 feet
wide at the location where only two lots are accessed. The 30’ right-ofway width is 20% of the total street length (148’).
Parcel 1
Parcel 2
(Avg. lot depth/width = 93/73.5) (Avg. lot depth/width = 101.5/125)
Ratio = 1.27 to 1.00
Ratio = 0.81 to 1.00
The existing 25 foot wide easement for access and utilities is proposed
to be increased to 30 feet between parcel 1 and the existing adjacent lot
to the east. 18 feet will be along the west property line of Parcel 1 and
7 feet will be along the eastern portion of the adjacent lot west of Parcel
1.
No apparent public access ways are needed.
Parcel 1: 18 feet of frontage on Cape Ranch Road and 148 feet on the
private street.
Parcel 2: 26.72 feet of frontage along the private street.
Side lines are generally perpendicular to the private street.
City staff identifies that water and sewer services are available to the
proposed lots.
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4. Emergency Vehicle Access. A condition of approval should include a provision for the
applicant to obtain approval for emergency vehicle access from the Yachats Rural Fire
Protection District.
Conclusions
Based on the above facts and findings, the Yachats Planning Commission finds:
A. The site under consideration is suitable for the proposed two-lot partition considering the
conceptual design and location.
B. The proposed use and site plan for the two-lot partition are compatible with existing and
projected uses on surrounding lands.
C. The two-lot partition use does not create a public nuisance or an unreasonable hazard to
health or property because of excessive noise, smoke, odor or dust, and does not constitute an
unusual fire, explosion or other physical hazard.
D. This application and conceptual plan for a two-lot partition satisfy the provisions of the plan
and is approved with conditions by the Planning Commission unless a substantial change to
the proposed plan occurs.
Order
It is ORDERED by the Yachats Planning Commission that the requested two-lot partition for
Case file #2-PAR-PC-08 be and is hereby approved. Said approval is subject to the following
conditions:
1. Within one year after the approval of this preliminary plan becomes effective, a partition plat
shall be submitted to the City Planner for approval which is in substantial conformity to the
approved proposed partition plat and conditions of approval. Any substantial change to the
approved preliminary plan shall require a new application.
The partition plat shall be prepared by a professional land surveyor who is licensed in the
state of Oregon, and shall conform to the surveying requirements in ORS 92.050 through
92.080 and the Lincoln County surveyor's plat standards.
2. The private street (easement for vehicular access) shall have a minimum 30 foot width where
the private street provides access to three lots and a minimum 25 foot width where the private
street provides access to two lots (as indicated on the 2-27-08 Proposed Partition Plat).
3. At the time a partition plat is submitted to the City, the applicant shall provide approval from
the Yachats Rural Fire Protection District.
This ORDER was presented to and approved by the Yachats Planning Commission on April 15,
2008.
Lawrence Musial, Yachats Planning Commission Chair
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Date
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