HomeMy WebLinkAboutPermit Correspondence 1996-3-20
DEVELOPMENT SERVICES DEPARTMENT
March 20, 1996
225 FIFTH STREET
SPRINGFIELD, OR 97477
(541) 726.3753
FAX (541) 726.3689
Ms. Bev McKay
74 E. 18th Avenue
Eugene, OR 9740 I
Subject: Status of 9 unit apartment building at 1064 Kelly Boulevard (17-03-34-11, lot 03500)
Dear Ms. McKay:
In response to your request for confirmation that the subject building is elassified by the City of
Springfield as a "pre-existing, non-conforming" structure, I can offer you the following opinion.
The property is a lot within Emerald Heights Subdivision. Emerald Heights was platted in 1909 and was
already within the City Limits of Springfield at this time. The City of Springfield adopted its first zoning
code and first zoned its land in September, 1939. Emerald Heights was zoned single family residential in
1939 and has continuously remained zoned single family residential. The 1939 zoning code did not allow
apartments in single ramily zones, and every subsequent zoning code adopted by the City since 1939 has
not allowed apartments in single nuuily zones. Thc 1939 zoning code, and all subsequent zoning codes
adopted by the City, acknowledge the presence and allow the continuation of non-conrorming uses. All of
these codes have consistently defined "non-conforming" as a use or structure that was formerly lawful or
permitted, but which is no longer permitted because of changes in the law. The basis, therefore, for any
legitimate claim to non-conformance is proof that the use or structure was established prior to enactment
of a law that now forbids that use or structure.
The inrormation you havc provided concerning thc subject structure's date or origin was prepared by an
employee or Lane County Assessment and Taxation. It was the proressional opinion or this individual
that the structure at 1064 Kelly Boulevard was constructed about 1912 and has undergone subsequent
remodeling in 1943 and 1955. The City has documentation that a building permit to add a bedroom to an
apartment at this addrcss was issued in 1965. Although there is nothing definitive in the inrormation
provided by A&T concerning the precise configuration or number of units at any of these earlier dates, the
original builder and/or owner or the subject property would have been free to construct an apartment
anytime between the platting of this lot in 1909 and adoption of the zoning code in 1939. Given the
freedom that existed in that era, the City can assume, but not prove, that the original structure was an
apartment because the documented remodeling that occurred in 1943 and 1955 would have been subject to
an adopted zoning code that did not allow apartments (i.e., a conversion from single family to multi-
family) but did allow non-conforming uses to be improved.
1 know that this is somewhat less than an unequivocal statement ormy certainty in this maller, but given
the antiquity orthe documentation and this structure, I can't possibly be more definitive. None the less,
we will consider this structure as a pre-existing. non-conrorming nse :md thercrore snbject to tile
provisions and limilalions or Springfield DeveloplI.ellt Code Arlicle ~.
1 will place a copy of this letter in the Building Addrcss File so that any future actions on this property
will be based on the position taken in this leller. If I can be of further assistance, please contact me at
your convenience.
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C:regory Moll, Planning Manager