An Order denying the appeal and Affirming the Planning Commission’s decision to approve a two parcel preliminary partition plat, a variance to allow the north parcel to use the alley for required emergency and site access, and a type i site design review for a new single family home and on-site parking at 803 E. Ninth Street, Tax Lot 3219DA-2700
 
 
Recitals:
 
1.                  Newberg Area Habitat for Humanity filed an application for a partition, variance, and design review to allow them to split a lot located at 803 E. Ninth Street, build a new house on the north parcel, and use the alley for primary access to the new house.
 
2.                  On April 6, 2011 the Planning Director approved the application with conditions.
 
3.                  On April 20, 2011 a neighboring property owner filed an appeal of the Planning Director’s decision.
 
4.                  On May 12, 2011 the Newberg Planning Commission held a hearing to consider the appeal. The Planning Commission found the proposal meets the Development Code criteria for a partition, variance, and site design review. They approved Planning Commission Resolution 2011-290 with findings and conditions of approval. The Planning Commission’s findings and conditions are shown in Exhibit “A” of this order.
 
5.                  On May 26, 2011 a neighboring property owner filed an appeal of the Planning Commission’s decision.
 
6.         On June 20, 2011 the Newberg City Council held a record hearing to consider the appeal.        The Council found the proposal meets the Development Code criteria for a partition, variance, and site design review. Findings and conditions of approval are shown in Exhibit “A”, and the preliminary partition plat is shown in Exhibit “B”, which are hereby attached and by this reference incorporated.
           
The City of Newberg orders as follows:
 
1.                  The appeal is denied and the Planning Commission’s decision is affirmed to approve a two-parcel preliminary partition plat, a variance to allow the north parcel to use the alley for required emergency and site access, and type I site design review for a new single family home. The approval is subject to the conditions shown in Exhibit “A”.
 



2.                  The denial of the appeal and affirmation of the Planning Commission’s decision is based on the staff report, Planning Commission findings shown in Exhibit “A”, public testimony, other evidence in the record of the Planning Commission hearing, and additional written arguments received by the Council.
 
Ø      Effective Date of this order is the day after the adoption date, which is: June 21, 2011.
Adopted by the City Council of the City of Newberg, Oregon, this 20th day of June, 2011.