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     City of Canyonville                                                   

250 N Main, Canyonville, OR 97417
         541-839-4258 or 541-839-4020
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January 8, 2014

I.                          Call to Order and Pledge of Allegiance:

Commissioner Emory called the meeting to order at 7:00 p.m. and all joined in the Pledge of Allegiance.


II.              Roll Call:

COMMISSION PRESENT:    Chairman Emory, Commissioners Boye, Ravera and Butler

COMMISSION ABSENT:      Commissioners Weigel, Sales and Hill were absent.

STAFF PRESENT:                 Administrator/Recorder Evans

STAFF ABSENT:                   None.


IV.             Agenda Review/Additions:



V.              Approval of Minutes –

1.     Regular Session/ 7-10-13

Commissioner Butler moved, Commissioner Boye  seconded a motion to approve the minutes of the 7-10-13 Regular Session meeting as written.  All voted “yes”.  The motion carried.


VI.             Public Hearings:

1.   Property line adjustment for William Nicholson, 484 W 1st St.


*    Chairman Emory asked if any Commissioner wished to disqualify his or herself for any

      conflict of interest in this matter or report any ex-parte contacts.


                   There were none.


*    Chairman Emory opened the Public Hearing on the property line adjustment for William Nicholson. 


*    Chairman Emory called for the staff report:

      1.   Administrator/Recorder Evans read the hearings disclosure statement.

2.   Administrator/Recorder Evans referenced the following Staff Report:




Mr. Nicholson is requesting a property line adjustment for the common boundary line between his property and the Oregon Department of Transportation (ODOT) right of way.  Mr. Nicholson is currently utilizing the property for parking his tow trucks.  ODOT has agreed to sell that portion of land to Mr. Nicholson and the property line adjustment will incorporate that piece into Mr. Nicholson’s property.





The following is a list of the decision criteria applicable to the request.  Based on their conclusions, the Commission must approve, approve with conditions, or deny the application. Conditions may be used by the Commission in order to address concerns about how the applicant will meet the criteria applicable to the request.


CRITERIA 1:  If the proposed adjustment is in conformity with existing city development plans and zoning and building ordinances and regulations.




1a.             The applicant has an existing towing company on his property located at 484 W 1st Street.  The fenced area that he is utilizing for the storage of his trucks is actually a part of the Oregon Department of Transportation right of way.


1b.             Oregon Department of Transportation has completed an analysis on the need to retain the portion of the right of way utilized by Mr. Nicholson.  They have concluded that there is no future need for this piece of land and agreed to sell it to Mr. Nicholson.


1c.             The right of ways for the State of Oregon are actually deeded parcels of land not dedicated right of ways.  Therefore, they are not required to go through a street vacation process in order to sell a piece of the land.


1d.             The applicant’s property is zoned C1 which allows service uses through the conditional use process.  The applicant has an approved conditional use permit for the operation of his towing business on the site.  The storage of the tow trucks is an incidental portion of the existing use.


CRITERIA 2:  That adequate provisions have or will be made for the physical means of providing public utilities, such as water, sewer, power, telephone etc.




2a.             The site is already served by public utilities and the adjustment of the parking area will not create the need for any additional utilities.


CRITERIA 3:  That streets or easements have been or will be provided for ingress and egress.




3a.             Currently the fenced area is access through the applicants existing property. The property line adjustment will not change the ingress or egress. 


CRITERIA 4: The lot line adjustment does not result in the creation of any new lots.




4a.             The lot line adjustment will move the north east corner between the applicant’s property and ODOT’s right of way approximately 50 feet to the east.  The adjustment will add a triangular piece of property to the applicant’s existing property. No new lots will be created.


CRITERIA 5:  All resulting lots must be no more nonconforming than the original lots with respect to minimum lot area, dimensions and building setback requirements for the given zone.




5a.             The applicant’s existing lot already exceeds the minimum lot size of 5,000 square feet for a Commercial lot.  The existing lot is approximately 21,780 square feet and the addition of the triangular piece will add another 7,500 square feet.


5b.             The addition of the triangular piece will not change the existing layout of property.  The applicant incorporated this portion of the ODOT right of way into his development many years ago.


5c.             The ODOT right of way is not subject to the City’s minimum lot size requirements. 


CRITERIA 6:  All adjustments will occur within a given zone and are not permitted among differing zones.




6a.             The ODOT public right of way is not subject to the City’s zoning ordinance.  Mr. Nicholson’s property is zoned Commercial C1 and the addition of the extra triangle will be included in the C1 zoning.


CRITERIA 7:  Lot line adjustments shall not alter or impede the public right-of-way or any recorded easement.




7a.             ODOT has completed an analysis and determined there is no additional need for this section of right of way.  Approval of the lot line adjustment will not impede the public right of way.




Approve the lot line adjustment as presented.


Applicant William Nicholson addressed the Commission and explained that he has been using the ODOT property for a long time to park his truck.  The property line adjustment will enable ODOT to sell him the piece he has been using.  There will be no visible change to the property.


* Chairman Emory asked if there was any one wishing to testify either in favor or opposed to the application.  There were no comments from the public.


Commissioner Butler moved, Commissioner Boye seconded a motion to approve the property line adjustment as presented . All voted yes.  Motion passed unanimously.


VII.            Business from the Public:



VIII.          Other Commission Business:



IX.             Correspondence:



X.              Announcements:

1.      City Council –Tuesday January 21, 2014 @ 7:00 pm

2.      Planning – Wednesday, February 12, 2014 @ 7:00 pm


XI.             Adjourn:

                  Being no further business, the meeting adjourned at 7:20 p.m.



SUBMITTED BY:                                                                               APPROVED BY:



_____________________________                                                        _________________________

Janelle Evans, Administrator/Recorder                                               John Emory, Chairman


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