Order No. 2008-0016

 

1.                  In 2002, Larry Hill applied for a building permit to construct a new garage in the rear of the existing house. The plans submitted with the building permit also showed dual driveway entrances connected by a semi-circular drive. At the time of building permit review, staff from the Engineering and Planning Divisions made red-line comments on the plans that specified that the second driveway entrance was not allowed. The permits were issued, construction on the garage was completed, and the applicant called for a final inspection at the end of January 2008. When Planning staff went out to the property to conduct a final inspection they found the second driveway entrance installed and paved in accordance to the original plan, but in conflict with the red-line comments made on the plans that the second driveway entrance was not allowed. Final inspections were disapproved until the property conforms to the approved site plans dated 4/25/02. 

 

2.                  Larry Hill applied for a variance to the access spacing standards on February 28, 2008. The Planning Director denied the application for a variance on April 10, 2008, finding that the application on the whole did not meet the criteria required by NDC § 151.163 for a variance. On April 23, 2008, the applicant submitted an application to appeal the Director’s decision to the Planning Commission.

 

3.                  After proper notice, on May 22, 2008, the Planning Commission heard the request and passed Resolution 2008-251 which denied the requested variance to the access spacing standards. On June 2, 2008, the Newberg City Council moved to hear an appeal of the Planning Commission’s decision. 

 

4.                  On July 21, 2008, after proper notice, the Newberg City Council held a hearing on the variance appeal. After public testimony and discussion, the City Council voted to table the issue to a City Council meeting on August 18, 2008 and directed staff to write findings for approval of the variance request. 

 

5.                  On August 18, 2008, the City Council revisited the variance with new findings which are hereto attached as Exhibit “A”. The City Council finds that the applicable criteria for a variance have been met, and that approval of the variance is granted as requested until such time as Villa Rd becomes fully improved to major collector standards as defined in the Transportation System Plan. 

 

 

 

1.                  The request for a variance to the access spacing standards to permit a second driveway entrance to remain at 1801 Villa Rd, tax lot 3217BC-00400, is hereby approved.

 

2.                  The second driveway entrance, as shown on the site plan in Exhibit “B”, may remain in place until such time as Villa Rd becomes fully improved to major collector street standards as defined by the Transportation System Plan.

 

3.         The findings which are attached hereto as Exhibit “A” are hereby adopted and by this reference incorporated.