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