A. Application Procedure And Requirements: Prior to creating a minor land partition, an owner of land or his representative shall file with the City Recorder an application for approval of a sketch plan. Specifications for sketch plan documents are given in Section 12-5-1 of this Title. The application shall:
1. Be made on forms available from the City.
2. Include all contiguous holdings of the owner, with an indication of the portion which is proposed to be partitioned. It shall also be accompanied by an affidavit of ownership, which shall include the dates the respective holdings of land were acquired, together with the book and page of each conveyance to the present owner, as recorded in the County Clerk's office. The affidavit shall list the legal owner of the property, the contract owner of the property, the date contract of sale was executed and, if any corporations are involved, a complete list of all directors, officers and stockholders of each corporation owning more than five percent (5%) of any class of stock.
3. Be accompanied by a minimum of five (5) copies of the sketch plan, as described in Section 12-5-1 of this Title, and comply in all respects with this Title, and shall be submitted to the City Recorder at least five (5) days prior to a regular Planning Commission meeting.
4. Be accompanied by the appropriate fee, based on the fee schedule adopted by the City Council.
B. Review By City Engineer: The City Recorder, within ten (10) days of receipt of the application, may refer the application to the City Engineer, who shall determine if dedication of land, easements or conditions for approval of the sketch plan are required.
C. Review By Planning Commission:
1. After receipt of the application and report by the City Engineer, the Planning Commission shall review the application, sketch plan and the recommendations of the City Engineer at a public hearing.
2. The public hearing shall be conducted in accordance with the standards of this title and Oregon law, and notice shall be given in accordance with the requirements of subsection 12-2-1C4 of this Chapter.
D. Action On Application: The Planning Commission shall approve, conditionally approve or deny the application for creation of a minor land partition and state the reasons therefor within fourteen (14) days after close of the hearing.
E. Approval By City Manager: The City Manager may approve an application for a partition without a street without Planning Commission approval under the following conditions:
1. The procedures set forth in subsections 12-2-3A and B of this Section are followed.
2. All surveying requirements of this Title have been met.
3. If the City Manager grants the application, a public notice containing the information required by subsection 12-2-1C4a(1)(E)(ii) and (iii) is mailed to all record owners and contract purchasers of real property within one hundred feet (100') of the property which is the subject of the proposed action and to all affected governmental units. Additionally the notice shall state the minor partition has been granted unless an objection is raised and received at City Hall in writing within twenty (20) days of the date of the notice.
F. Planning Commission Hearing: If any objections to a proposed minor partition are received, a Planning Commission hearing must be held at the next regularly scheduled meeting. Any applicant for a minor partition may appeal the denial of the application or any conditions placed upon the applicant to the Planning Commission by requesting such a hearing in writing within twenty (20) days of the decision. The hearing on the denial or on the conditions will be held at the next regularly scheduled meeting after the request is received. Any further appeal rights are those provided in this Title or by law. (Ord. 512-96, 1-8-1996)