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HomeMy WebLinkAboutPermit Miscellaneous 1997-11-6 .; '. 1{tujP . DEVELOPMENT SERVICES DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 (541) 726-3753 FAX (541) 726-3689 NOTICE OF DECISION - TYPE II REVIEW - MODIFICATION OF PROVISIONS DATE November 6, 1997 JOURNAL NUMBER 97-09-216 APPLlCANTIPROPERTY OWNER Rodney Riel 3773 Jasper Road Springfield, OR 97478 EXPLANATION OF THE NATURE OF THE APPLICATION The applicant is requesting a 20 percent modification to the 10' front yard setback standard for lots in residential districts (SDC 16.050 (I). The applicant is requesting a modification to the setback standard. for an existing accessory structure located 8.10-8,69 feet from a future extension of Long Ridge Drive. Mr. Riel applied to the city of springfield for a three-lot partition of this property (10. No. 96-01-04). The property contains a single-family structure on proposed Parcell, and two accessory structures on proposed Parcel3. As a condition of development approval, the applicant was required to reserve the southerly 25' on Parcel 3 as future right of way dedication for the Long Ridge road extension from Richland Street to Laurel Drive. In order to retain the southerly structure on Parcel 3, which is setback approximately 8 feet from the proposed road, the applicant has requested this modification of provisions, Note: The applicant must also sign a deed restriction for maintaining accessory structures on a lot absent a primary structure. The subject property is zoned Low Density ResidentiaV Urbanizable Fringe (LDR/UF-I 0) and designated LOR in the Metropolitan Plan. LOCATION OF PROPERTY The subject property is located a13773 Jasper Road (assessor's map# 18-02-06-13). DECISION Approval OTHER USES THAT MAYBE AUTHORIZED BY THE DECISION None 1 . . . \, WRITIEN COMMENTS Type II land use decisions require the notification of property owners/occupants within 300 feet of proposed development allowing for a 14 day comment period prior to the staff decision. No written comments were submitted. CRITERIA OF APPROVAL (Ref. SDC Section 11.030(1)). THE DIRECTOR AUY ADJUST ANY QUANTITATIVE STANDARD OF THIS CODE INVOLVING UP TO A 10 PERCENT REDUCTION OR INCREASE PROVIDED THAT: (a) LOCATIONAL OR DIMENSIONAL PROBLEMS HA VE BEEN IDENTIFIED; AND The locational problem has been identified as an existing structure that does not meet the required 10 foot front yard setback from a street. The applicant proposes to reduce the required setback to approximately 8 feet in order to maintain the structure on the lot. Finding: By showing the location of the structure to the proposed street, the applicant has identified the locational problem cited above. Therefore, this criterion has been met. (b) THE PROPOSED ADJUSTMENT IS THE MINIMUMlMAXIMUM NECESSARY TO ALLEVIATE THE IDENTIFIED DIMENSIONAL OR LOCATIONAL PROBLEM; AND The maximum adjustment allowed under these provisions would be lleet (20 percent of the 10 foot setback standard) under SDCI6.030(2) and is the minimum adjustment needed in order to alleviate the identified locational problem. Finding: Because the proposed adjustments are under 20 percent and are the minimum adjustment necessary, this criterion has been met. @ THE FOLLOWING ADVERSE AFFECTS ON NEIGHBORING PROPERTIES WILL NOT OCCUR AS A RESULT OF THIS MODIFICATION OF PROVISIONS: I. CREATES DEAUND FOR ON-STREET PARKING; The accessory structure does not restrict on-site parking. Off-street parking requirements of SDC 16.070(5) can still be met on this parcel. Finding: Because the proposed adjustment to the setback standard will have no impact to on-street parking and since there will still be compliance with the off-street parking standards ofSDC 16.070(5), this criterion has bn met. 2 .' 9' . . 2. INCREASES NOISE, ODOR OR DUSl', Finding: The proposed adjustment to the setback standard does not create any additional use of the site, and will not increase noise, odor or dust. Therefore, this criterion has been met. 3. CREATES VISION CLEARANCE AREA HAZARD FOR PEDESTRIANS, BICYCLISTS OR MOTOR DRIVEN VEHICLES; The subject ~. ~~_.;/ is a mid-block lot with frontage on a future local street. The panhandle driveway is located over 40' from the accessory building. SDC 32.070 specifies a 10' vision clearance area for driveways in all zoning districts. Finding: Because the structure is located outside a vision clearance area, this criterion has been met. 4. ENCROACHES ON SOLAR ACCESS; . The property is zoned and designated LDR. The accessory structure is exempt from the solar access standards per SDC 16.050(3)(b) because the building shades the wall of an unheated accessory structure to the north. Finding: Because the subject structure is exempt from the solar access standards of SDC 16.050, this criterion is met. 5. CREATES A HAZARDOUS FIRE PROTECTION OR FIRE SUPPRESSION SITUATION. A reduced front yard setback does not inhibit the ability to provide fire protection or access the property in order to suppress fire situations. Finding: The proposed modification to setback standards will not create a hazardous fire protection or fire suppression situation. Therefore, this criterion has been met. (d) PUBLIC SAFETY WILL NOT BE COMPROMISED. Public safety relates to the provision and timeliness of police, fire and ambulance service. This proposed Modification of Provisions application involves a setback reduction and does not impact public safety. Finding: Because public safety will not be compromised, this criterion has been met. CONCLUSION Because the Director has detennined that all of the Modification of Provisions criteria have been, or can be met, this application is considered approved. 3 APPEAL < . . " If you wish to appeal this Type II Modification of Provisions decision, you must do so within 10 days of the date of this letter. Your appeal must be in accordance with Springfield Development Code, Article 15, APPEALS. PREPARED BY Lauren Lezell Planner II 4