HomeMy WebLinkAboutNotice PLANNER 2/11/2013 • • r ,
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AFFIDAVIT OF SERVICE FEB I i 2013
By: 6 6) �h
STATE OF OREGON ) Y �
) ss.
County of Lane )
I, Karen LaFleur, being first duly sworn, do hereby depose and say as follows:
1. I state that I am a Program Technician for the Planning Division of the
Development Services Department, City of Springfield, Oregon.
2. I state that in my capacity as, Program Technician, I prepared and
caused to be mailed copies of 7.YP2/3-GYXX6/ 7?&&# 01, kt'U
(See attachment "A") on A/// , 2013 addressed to (see N AyP
Attachment "B"), by causing said letters to be placed in a U.S. mail box 1/ vd
with postage fully prepaid thereon.
a.,i4t...e.-A.— Xa--- 1-"e---e-z-e-A__—,
Kar n LaFleur 1
STATE OF OREGON, County of Lane
f C- bruarL I a , 2013. Personally appeared the above named Karen
LaFleur, Program Technician, who acknowledged the foregoing instrument to
be their voluntary act. Before me: ,
LÀ AL '.Mill
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My Commission Expires: /445
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. ` '" NOTARY PUSLIC - OREGON
COMMISSION NO. 464485
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Date Received: '
Planner: LM
• I
TYPE II TEMPORARY USE —
EMERGENCY MEDICAL HARDSHIP
STAFF REPORT & DECISION
Project Name: Howard Medical Hardship
Nature of Application: Placement of a motor home on the property of a single family residence
as temporary living quarters for a chronically ill person. The ill person residing in the motor
home is not physically capable of self maintenance and is dependent upon a care provider being
on site for assistance. The applicant has stated that the use is temporary in nature while in a
waiting period for Social Security Disability approval.
Case Number: TYP213-00001
Project Location: 1886"L" Street,map and tax lot 17032534 02900
Current Site Conditions: The site is on the north side of Street between 1861 and 21'Streets.
The property is 11,326 square feet with a 1,176 square foot single family home. An apartment
complex exists on the north side of the property abutting the rear property line. To the east,west
and south(across L Street)of the property are single family homes. The motor home is currently
on site. A complaint was filed with the Code Enforcement Division and a Warning Citation was
sent to the property owner and tenant regarding the violation and the application process for the
Emergency Medical Hardship.
Zoning: Low Density Residential(LDR)
Metro Plan Designation: MDR(see staff report for Zon2006-00014)
Refinement Plan Designation: None
Zoning of Surrounding Properties: North – HDR, East- LDR, West– LDR and South across
"L" Street–LDR
Application Submitted Date: January 22,2013
Comment Deadline: February 6, 2013
Decision Issued Date: February 11,2013
Appeal Deadline: February 25, 2013
Recommendation: Approved, with Conditions.
2 III �
Emergency Medical Hardship—Howard Date Received: 1
TYP213-00001 Planner: LM
CITY OF SPRINGFIELD DEVELOPMENT REVIEW TEAM
POSITION REVIEW OF NAME PHONE
Planner Development Code Liz Miller 726-2301
TransportationPlanning Transportation Michael Liebler 736-1034
Engineer
Public Works EIT Sanitary& Storm Sewer Clayton 736-1036
McEachern
Deputy Fire Marshal Fire and Life Safety , Gilbert Gordon 726-2293
Plans Examiner Building Chris Carpenter 744-4153
Applicant Property Owners
Gabriel Howard and Joyce Morris Robert and Don Markee
1886 "L" Street 1886 "L" Street
Springfield, OR 97477 Springfield, OR 97477
Sharon and George Bayn
6275 Battle Creek Road
Salem, OR 97301
Property Address/Assessor's Map No. Attending Physician
1886"L" Street Kathleen Kleinert, DO
Springfield, 97477 Southern Oregon Alternative Medicine
Map No. 17-03-25-34 TL 2900 152 Main Street
Springfield, OR 97477
Written Comments: The Development Code requires that nearby residents be notified
of the application and have an opportunity to comment on the proposal. In response to a
mailed notice to nearby residents and property owners, one response was received from
Joe and Melodie Phillips at 1843 L Street, Springfield, OR 97477. The response listed
several concerns. These concerns included nuisance code violations,animal code
regulation,police concerns and air pollution complaints. The full transcript of the letter
is a part of the record for this review and is available upon request. The portions of the
letter citing issues relevant to the criteria of approval for this application are addressed
below.
Staff Response: This application was submitted as a result of a Warning Citation issued
by the Code Enforcement Division. In addition to a violation of the Springfield
Development Code,the Warning Citation listed several nuisance code violations which
have since been rectified. This review must base the approval for the Temporary
Emergency Medical Hardship on criteria listed in Springfield Development Code Section
5.10-105(E). Please refer to the conditions of approval for more information regarding
issues covered by this decision.
Emergency Medical Hardship—Howard Date Received: L t 2
TYP213-00001 Planner: LM
• •
Violations of other codes listed in the response letter can be directed to the following
divisions or agencies:
• Reoccurring nuisance violations such as garbage, dead organic matter and debris
and used materials on the site should be directed to the Code Enforcement
Division at 541-726-3659.
• Animal control issues, damage to property and noise complaints should be
directed to Police at 541-726-3714.
• Backyard burning information and complaints may be submitted to Lane Regional
Air Pollution Authority at 541-726-1930.
Location 13
r of Motor
Home
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Procedural Requirements
Section 5.10-105 (C) of the Springfield Development Code(SDC) indicates that
Emergency Medical Hardship applications are reviewed under a Type II process.
Date Received: )1 01 13
Emergency Medical Hardship—Howard 3
TYP213-00001 Planner: LM
• S
A Type II process is an administrative review that requires mailed notice of the
application to property owners and residents within 300 feet of the subject site(See SDC
Section 5.1-130). A 14-day public comment period is allowed for neighbors to register
their concerns or to contact staff for more information about the proposal. At the end of
the 14-day period, staff drafts a decision and sends notice of that decision to any citizen
who offered comments. The notice of decision contains language informing citizens of
their appeal rights if there is an objection to the staff decision.
No public hearing or published notice is required for Type II processes.
Submittal Requirements
Springfield Development Code Section 5.10-105 D., Emergency Medical Hardship—
Submittal Requirements lists the following criteria that were are necessary for approval
of the motor home remaining on site and the Emergency Medical Hardship approval:
•
"1.c. The applicant shall include a plot plan showing the required utility connections
for the temporary living quarters;"
Findings:
1. The plot plan shows the location of the electric connection although the submittal
does not describe the type of connection and does not show or describe the water
or sewage connection.
2. Section 5.10-105 E. 6. Listed below details a condition regarding the utility
connections to be permitted and inspected consistent with State Law requirements
for units in RV parks. The Building Division and Plumbing and Electrical
Inspectors will dictate the required connection method according to State Building
Codes.
As conditioned in criteria 5.10-105 E. 6. This requirement will be met.
"1.d. The applicant shall include a plot plan showing the location of proposed fences
to screen the temporary living quarters that face public rights-of-way."
Finding:
3. The applicant has shown the motor home behind a gate which is visible from the
public right-of-way. The gate (shown in the photo below) is chainlink. An
existing shed blocks the remaining area behind the chainlink fence on this side of
the home.
Condition 1: The chainlink gate in the driveway area visible from the public
right-of-way shall have slats installed as a screening method.
As conditioned,this criteria will be met.
Date Received:
Emergency Medical Hardship—Howard Planner: !_M 4
TYP213-0000l
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"b. iii.A statement from the applicant providing proof that the temporary living
quarters is licensed and insured."
Finding:
4. The applicant has not provided proof of registration or insurance for the motor
home.
Condition 2: Provide a copy of the current registration and insurance for the
motor home.
Criteria for Approval
The criteria for approving Emergency Medical Hardship applications are found in SDC
Section 5.10-105 (E). The criteria found in this section are stated below:
Staff Findings and Conclusions
"1. The licensed physician's written medical report shall address the information
required in Subsection D.2.a., above."
Date Received:
J 1 l i3
Emergency Medical Hardship—Howard Planner: LM 5
TYP213-00001
• S
Finding:
5. The attending physician, Kathleen Kleinert, D.O., provided the applicant with a
letter indicating that the applicant required special care due to a medical condition.
The physician's letter was on the medical clinic stationary.
This criterion has been met.
"2. The temporary living quarters shall house either the person requiring medical
assistance or the care provider."
Finding:
6. The application indicates that Howard Gabriel, the person requiring medical
assistance will live in the motor home.
This criterion has been met.
"3. The temporary living quarters shall be located on the same legal lot/parcel as the
primary dwelling. Only I temporary living structure is allowed on a lot/parcel."
Findings:
7. The site drawing submitted with the application shows the trailer will be located
on the subject lot at 1886 L Street. The drawing shows just one temporary
dwelling(the motor home).
This criterion has been met.
"4.The temporary living quarters shall not be permitted within the front yard or street
side yard setback."
Findings:
8. The site drawing submitted with the application shows the motor home will be
located in the back yard of the existing residence and not in the front yard. There
is no street side yard at the subject location.
This criterion has been met.
"5. All residential trailers and other similar units used as temporary living quarters
shall be connected to sewer, water and electrical services as proscribed by the
Oregon State Building Code as adopted by the City."
Date Received:
l
Emergency Medical Hardship—Howard 6
TYP213-00001 Planner: LM
•
Findings:
9. The application states that a motor home shall be placed on the subject site.
This criterion does not apply.
"6.All travel trailers and other similar units used as temporary living quarters shall
have utility connections consistent with State law requirements for these units as in
RV parks."
Findings:
10. The submitted plot plan shows the motor home connected by cord to an electrical
box on the side of the home. The City of Springfield Electrical Inspector visited
the site on February 1, 2013 and will require the motor home to have utility
connections consistent with State law requirements for these units in RV parks.
11. A 120 volt 20 amp GFCI protected receptacle is required for a motor home
connection per 2022 NEC:551.71. There is an existing 20 amp receptacle
currently being used by the motor home, however it is not GFCI protected.
12. The City of Springfield Plumbing Inspector visited the site on January 31, 2103.
The RV is not connected to water or sewer. The applicant stated that Mr. Howard,
who lives in the RV, utilizes the kitchen and bathroom in the house.
13. The City of Springfield Plumbing Inspector stated that there was no evidence of
dumping sewage or gray water on site. He was unable to locate the cleanout for
the sewer on-site or in building records due to the age of the home.
Condition 3: The exterior electrical outlet will need to be changed to be GFCI
protected in a weather proof enclosure. A one circuit electrical permit will need
to be purchased. The fee for this permit is $64.35. The permit can be purchased
by the property owner if he or she chooses to do the installation or by an
electrical contractor. The outlet can be installed immediately next to the existing
electrical panel. Inspection by the City is also required.
Condition 4: If the applicant decides to connect the RV to water or sewer at a
future point in time, the City of Springfield shall be notified. Plumbing permits
and inspections shall be required. The potable water inlet shall be connected to
a potable water hose connected to a potable water supply hose faucet with an
anti-siphon device. The waste pipe outlet shall be connected to a sloped and
supported RV flexible waste pipe connected to a minimum 3 inch sanitary sewer
pipe or opening.
D ate Received: It
Emergency Medical Hardship—Howard Planner: LM 7
TYP2I3-00001
•
This criteria, as conditioned has been met. Please contact the inspectors listed below
for questions regarding utility connection requirements, permits and inspections:
Guy Dixon—Electrical Inspector—(541) 726-3663
Steve Graham—Plumbing Inspector—(541) 726-3665
Conclusion and Decision
The application and supporting documentation submitted by the attending physician have
been reviewed by staff against the approval criteria found in SDC Section 5.10-105 (E).
Based on this review and the findings of fact made by staff, it is the conclusion of staff
that the Emergency Medical Hardship application meets the approval criteria as
conditioned below. This application is thereby approved subject to the following
conditions:
Since the Emergency Medical Hardship is already being utilized on the site,
Conditions 1 through 3 must be completed by March 11, 2013 in order for this
approval to remain valid and to avoid any further Code Enforcement action.
Condition 1: The chainlink gate in the driveway area visible from the public
right-of-way shall have slats installed as a screening method.
Condition 2: Provide a copy of the current registration and insurance for the
motor home.
Condition 3: The exterior electrical outlet will need to be changed to be GFCI
protected in a weather proof enclosure. A one circuit electrical permit will need
to be purchased. The fee for this permit is $64.35. The permit can be purchased
by the property owner if he or she chooses to do the installation or by an
electrical contractor. The outlet can be installed immediately next to the existing
electrical panel. Inspection by the City is also required.
Condition 4: If the applicant decides to connect the RV to water or sewer at a
future point in time, the City of Springfield shall be notified. Plumbing permits
and inspections shall be required. The potable water inlet shall be connected to
a potable water hose connected to a potable water supply hose faucet with an
anti-siphon device. The waste pipe outlet shall be connected to a sloped and
supported RV flexible waste pipe connected to a minimum 3 inch sanitary sewer
pipe or opening.
Condition 5: There shall be no change in occupancy of the temporary living
quarters under the permit; either the person requiring care or the care provider
shall reside within the temporary living quarters.
Emergency Medical Hardship—Howard Date Received: I ! 8
TYP213-00001 Planner: LM
•
Condition 6: The temporary living quarters use is limited to the use permitted
in this Section and is not transferable to other persons or property. Under no
circumstances shall temporary living quarters be used as a rental unit.
Condition 7: The temporary living quarters use shall cease upon occurrence of
the first of the following events:
a. The medical hardship no longer exists; in this case, the temporary living
quarters shall be removed within 30 calendar days of the cessation of the
provision of care; or
b. Within 12 months of the date of application approval, unless there is an
approved extension. The applicant may obtain no more than 2 six month
extensions and will need to provide the following:
1. A request submitted 30 days prior to the expiration of the initial 12
month approval time line. This request shall include written
verification from a licensed physician stating that the person
requiring care continues to need care.
2. The temporary living quarters is still in compliance with the in
compliance with the initial conditions of approval listed above.
Expiration of Approval: This approval will expire February 11, 2014. Please submit a
written request (as outlined above) 30 days prior to the expiration date if you are
requiring an extension.
ADDITIONAL INFORMATION: The application, all documents, and evidence relied
upon by the applicant, and the applicable criteria of approval are available for free
inspection and copies are available for a fee at the Development Services Department,
225 Fifth Street, Springfield, Oregon.
APPEAL: This Type II Emergency Medical Hardship decision is considered a decision
of the Director and as such may be appealed to the Planning Commission. The appeal
may be filed with the Development Services Department by an affected party. Your
appeal must be in accordance with SDC 5.3-100, Appeals. An Appeals application must
be submitted with a fee of $250.00. The fee will be returned to the applicant if the
Planning Commission approves the appeal application.
In accordance with SDC 5.3-115.B which provides for a 15-day appeal period and
Oregon Rules of Civil Procedures, Rule 10(c) for service of notice by mail, the appeal
period for this decision expires at 5:00 PM on February 25, 2013.
QUESTIONS: Please call Liz Miller in the Planning Division of the Development
Services Department at (541) 726-2301 or email lmiller@springfield-or.gov if you have
any questions regarding this process.
PREPARED BY
Liz Miller 11 1
Planner I Date Received: 01 I I ` 13
Planner: LM
Emergency Medical Hardship—Howard 9
TYP213-00001
DEVELOPMENT SERVICES DEPARTMENT
o 225 5t
SPRINGFIELD, 97477 '?
_.� 8
Gabriel Howard and Joyce Morris
1886 L Street
Springfield, OR 97477
• CITY OF SPRINGFIELD
' DEVELOPMENT SERVICES DEPARTMENT
225 5th ST
SPRINGFIELD, OR 97477
Robert and Don Markee
1886 L Street
Springfield, OR 97477
1 CITY OF SPRINGFIELD
DEVELOPMENT SERVICES DEPARTMENT
225 5th ST
SPRINGFIELD, OR 97477
Sharon and George Bayn
6275 Battle Creek Road
Salem, OR 97301
• _ - s
CITY OF SPRINGFIELD
DEVELOPMENT SERVICES DEPARTMENT
2255th ST
SPRINGFIELD, OR 97477
Date Received: __ s . ,_
Planner: LM
Joe and Melodie Phillips
1843 L Street
Sprinfield, OR 97477
1