07/22/1968 Meeting - Laserfiche WebLink

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29~ '0- ' ' . 7/22/68 and certificate of occupancy issued for a single-family dwelling, after which . Mr. Mohler purchased the property and converted the structure to a duplex with- out a building permit. Councilman Wingard asked if possibility of a variance was discussed. The Plan- ning Director said variances are not provided for under the new zoning ordinance, and that in previous denial of a request for expansion of the existing non- conforming use (substandard lot) the Planning Commission based its action on in- adequate parking space and substandard size of lot for either RA or R-2. Mrs. Hayward moved seconded by Mr. McDonald to deny the R-2 zoning. Motion carried. 1 e. Rezone to RG area on east side of Portland between 25th and 26th, Rubenstein - The Planning Commission recommended approval of change in zone from RA to RG Garden Apartment Residential. The City Manager explained that this property is adjacent to the area where consideration is being given to vacation of a portion of 26th Avenue. Negotiations were carried out with the final result that agree- . ment was reached on dedication of a 20-foot alley to Willamette Street from the end of the existing alley, and vacation of that portion of 26th projecting into the Rubenstein property. The final agreement actually results in value of dedica- tion greater than value of vacation, and Mr. Rubenstein is willing to exchange for no exchange of dollars. The Manager recommended that if the zone change is ap- e proved, the exchange and dedication also be approved. He said it is not part of this proposal to improve the alley, and if it is done later the cost will be assessed. The Public Works Director said a stop sign can be installed on the . alley where it enters Willamette Street upon inquiry from Councilman McDonald. Mrs. Lauris moved seconded by Mr. Wingard to approve the rezoning, dedication, and exchange of properties with Mr. Rubenstein. Motion carried. Mr. Anderson moved seconded by Mr. Lassen to approve Items 5a through 5e of the Committee report. Motion carried. 6. Planning Commission Report - July 8, 1968 2 a. Annexation of 8.28 acres south of Bailey Lane east of Coburg Road, Johnson - The Planning Commission recommended approval of the annexation petition subject to Soil Conservation Service improvements of the drainage channel in the Willa- . kenzie area which will provide satisfactory drainage of the property in question, maintenance of the basic street pattern established in adjacent subdivisions, payment of sanitary sewer assessment prior to annexation (unless Bancroft payments are arranged), and recognition by the petitioner that the Updated Willakenzie Plan does not provide for high residential density for this property. The Commission reported the petitioner stated he understood the problems with the site and that development would not be started for about a year and a half. The Planning Di- rector said the developer originally petitioned for an RG zone for the property, which was denied, and that R-I PD is planned at this time. Mr. McDonald moved seconded by Mrs. Lauris to approve the annexation subject to the conditions recommended by the Planning Commission. Motion carried. - Mr. Anderson moved seconded by Mr. Lassen to approve Item 6a of the Committee report. Motion carried. 3 b. Vacation of portions of Arthur, Cleveland, City View - Shields - The Planning Com- mission recommended approval of Clifford Shields' request to vacate a portion of Arthur and Cleveland Streets, but recommended denial of vacation of a portion of City View Street until an agreement is reached between Mr. Shields and Roger " Chrysler to provide suitable public access to the Chrysler property abutting the old alignment of City View which is unimproved. Vacation of these streets by Lane County, prior to City annexation, was found to be invalid because of vaca- tion procedures. As a result, streets thought to be vacated are still public rights-of-way running through individually owned properties, clouding titles of record. The Chrysler property at present has physical access only by agreement over private property to the south to McLean Boulevard. Legal access is available over that unimproved portion of City View, on which vacation was set aside, to Shields Avenue. The Planning Commission felt the old City View right-of-way could be vacated after its new alignment is extended south of Shields Avenue, giving access to the Chrysler property by connection with a future 31st Avenue. Mr. Shields said he was agreeable to the Planning Commission's proposal to vacate . only that portion of City View lying north of Shields Avenue, which would give Chrysler's property access on the old City View north to Shields Avenue, an improved street. He said this portion of City View has a grade of less than 21%. ~ Mrs. Lauris moved seconded by Mr. Wingard to vacate that portion of City View north of its intersection with Shields Avenue. Mr. Chrysler reviewed the dedication and vacation of the streets in question. He said only through the litigation which he initiated was the vacation of the streets nullified, and that he is attempting to regain the cost of the suit. For this reason, he said, he is opposed to the vacation of any of the streets on the basis that it would remove his leverage to settle the matter of access. Mr. Chrysler said he would .. present a petition to the Council signed by other property owners in the area who supported his position. 7/22/68 - 15 ....