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Home My WebLink AboutPermit Miscellaneous 1996-10-31 " . . DEVELOPMENT SERVICES DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 (541) 726.3753 FAX (541) 726.3689 Notice of Limited Land Use Decision - Home Occupation fiate of I.&tkr October 3 I, 1996 .Journal Numher 96-10-193 Apnlit"antJOwner Tom Atkinson 6931 Jessica Drive, Springfield, OR 97478 ~atllre of Request A Home Occupation Penn it to operate a tele-communications consulting business from a residence. Decision Approval, with conditions, in accordance with the attached findings, Other tJses That Mav Be Allthori7f~rl Ry 1:.tK..nedlii;inn None. This decision authorizes a home occupation in accordance with the Springfield Development Code. All other uses of the property are subject to applicable state law, local ordinances and penn it procedures. .s..ik..lnformation The proposed site is a residential property located at 693\ Jessica Drive, also described as Tax Lot 1800 on Assessor's Map 18-02-02-26. The property is zoned and designated Low Density Residential. .w..cttten Comments Home Occupation Penn it Applications require the notification of property owner/occupants within 300 feet of the property allowing for a 14 day comment period prior to a staff decision, No letters were received. Review Standard1il The application shall be approved, approved with conditions or denied based on compliance with the criteria of Section 16.100(6) of the Springfield Development Code. Staff shall develop findings demonstrating that the criteria have been met: ~ . . 2 rritf':,.i~ nc.AJwroval: A home occupation is a lawful activity carried on within a dwelling by a member or members of the family who occupy the dwelling. A home occupation may be approved provided that: _ (a) The primary use of the building is a dwelling; A residential structure occupied by the applicant is the primary use of the site. No changes to the residential portion of the structure are proposed. . Finding: Staff finds this criteria is met because the primary use of the building is a residence. (b) The occupation is a secondary use that does not significantly affect the residential character of the dwelling or neighborbood; and The proposed business will be conducted from an office at the residence by members of the family who occupy the dwelling. Operation will not affect the residential character of the dwelling or neighborhood because no changes to the outward appearance of the residence are proposed, the hours of operation are limited, and off-street parking is provided at the site. Finding: Staff finds this criteria is met because the proposed secondary use will not effect the primary use of the site as a residence and will therefor have no affect on the neighborhood (e) Compliance with the following conditions shall occur at all times: I. Reserved for future use. 2. There shall be no display which would indicate from the exterior that the building is being used for any purpose other a residential dwelling; No display inconsistent with residential use is proposed. One sign in accordance with the City of Springfield Sign Code Ordinance 9-7-1 O( I) is'pennitted. For more infonnation call Lisa Hopper at 726-3790, 3. There shall be no outdoor storage of materials visible from public property or adj,;'cent private property; There is no storage of stock proposed. 4. Mechanical equipment, except that which is compatible with residential purposes, shall be prohibited. Home office equipment (i,e. additional phone lines, fax, pc, modem, printer, copier, plotter, etc.) is not incompatible with residential purposes, 5. There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line resulting from the home occupation. No adve';Se affects will result from the proposed home occupation at or beyond the property line. 6. The home occupation shall not create hazardous traffic conditions or utilize on- street parking of nearby properties. j . . 3 Client traffic shall be limited to off-street parking available. The operation of the home business is limited to members ofthe family occupying the residence, therefor no business associate parking is pennitted. No hazardous traffic conditions will be created and no on-street parking of nearby properties will be utilized, 7. If the proposed home occupation requires any modification to the dwelling or accessory structure of a nature that is not typically found in a residential district, the proposed home occupation shall be considered inappropriate and prohibited. No modification of the dwelling is proposed. Any modification of the dwelling requiring a Building Pennit will be reviewed for compliance with these criteria. S. No merchandise, other than what is produced on-site shall be sold to the public from the premises. Tele-communications equipment shall be shipped directly to the client. No storage or delivery of stock is proposed. 9. The use or storage of heavy equipment or heavy vehicles shall not be permitted. Heavy equipment and heavy vehicles shall include, but not be limited to the use of: semi-trucks, trucks and tractors, back hoes, bobcats, refrigerator trucks, livestock trucks, commercial buses, farm tractors, garbage trucks and log trucks. There is no use or storage of heavy equipment or trucks proposed. 10. Any home occupation which requires more than one vehicle for its operation shall be prohibited. The one vehicle shall be limited to passenger vehicles, passenger vans or pick-up trucks. One passenger vehicle is proposed for this business. II. No residence shall be used as a headquarters or dispatch center where employees or subcontractors report to the residence to be dispatched elsewhere. No business associates will work from, or report to the residence for dispatch. Work communications shall be transmitted electronically and hard copy transmitted by fax o~ maIled. 12. The applicant shall sign an agreement with the City acknowledging the conditions ofsubsection 16.100(6)(c) as well as additional conditions deemed necessary to achieve compliance. The applicant has signed an agreement consenting to abide by the criteria and conditions listed above at all times. 13. Customer access to home occupations shall be limited to the hours of7 a.m. to 6 p.m. . No customer access before 7 a.m, or after 6 p.m. is proposed, Customer contact at the residence will be nominal given that work is perfonned off-site, Ultimate Finding of Fact: Staff finds this home occupation in compliance with the provisions of Springfield Development Code Section 16.100(6) because Subcriteria (a), (b), and(c) are met with the following conditions: .' . . :../ 4 I) Client traffic shall be limited to off-street parking available. The operation of the home business is limited to members of the family occupying the residence, therefor no business associate parking is permitted. Conrlll~inn Staff finds that all conditions of Springfield Development Code, Article 16, I 00(6) have been addressed and the proposed home occupation complies with these conditions, The application is approved, with conditions, as of the date of this letter. Revor9tion ~rn('_erlllre~;. Any home occupation which has been approved by staff shall be subject to revocation by staff if the home occupation is found to be in violation if the conditions under which the home occupation was approved, The revocation decision may be appealed to the Planning Commission in accordance with Article 15 of this Code. The revocation shall be sent to the applicant in writing. The home occupation shall cease within 30 days of the receipt of the revocation notice. The applicant will be subject to the revocation procedures listed above if the applicant fails to abide by the conditions listed in 16.100(6)(c). ~ddition91lnform3tinn The application, all documents and evidence relied upon by the applicant and the applicable criteria are available for free inspection and copies will be made at a cost of $0.75 for the first page and $0.25 for each additional page at the Development Services Department, 225 5th Street, Springfield, Oregon. AI!l!fiI [fyou wish to appeal this Type II Home Occupation Review decision, you must do so within 10 (i.v< nQhe. mailinQ of this letter. The appeal must be in accordance with the Springfield Development Code, Article 15, APPEALS. ~ .- Note: Appeals must be submitted on a City fonn and a fee of $250.00 must be paid to the City at the time of submittal. The fee will be returned to the appellant if the Planning Commission approves the appeal application, Prenarecl Rv .-- - cc; Building Division