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HomeMy WebLinkAboutPermit Fence 1994-10-12225 North Fifth Street Springfield, Oregon 97477 FENCE PBRUIT APPLICATION CTTY OF SPRINGFIBLD BUII,DING SAFETY DIVISION SPliINGFIELc, Office: INSPECTION LINE: 726-3759 726-3769 CITY OF OREGO'V Job Location: Ovner: Address: Ci ty: Value of Fence:2a52 Con tractor/Ins taller : Address: ci ty: E,, Ara-t-------T Construction Contractors Reg Phone #: State:Zip: Fence Permit is $5.00 L Phone * State , O.R ,zi p: istration #, IOOA- q Expires:S\ 3*?; Da'e FOR OFFICE USE ,/,3 a (' By signing this permit/application, I agree to caII for an inspection once my fence has been constructed (726-3769). I also stated that all information on this applieation/permit is correct and that I vas provided vith the Springfield Development code requirements for fence standards. t Date of Application: Receipt #/ 5026 Total Amount CoIIected: JOB *: Issued By: Checked for Delinqueneies: Assessors Hap *, tVO3 Z S 3 3 Tax Lot +: ,/O/O D ( ? --""-- Checked for Historieal Stattts: - HUG-38-1994 LAI?g FRO},I ENUIRO SERUICES tp90c no o TO 15435823667 P.A3 t Inl sd btn*,/, X-o*,lr' fr,*htl qqk i,t Lo-# "{lrtubol ?th* l*fsg k* I ) 'l 1,..i" '".t... : ' i.i'lt-.'. , .!. :,. t.'r. . t,.' gME Wtrsrtrert r4rlpert GilFud lhcpordl /[/r D.'r b* .i+. of Goocrcte EdgC EpFD gr!f,{sorl:4lt oHhl.Ef I Etlc SrE ! Oll2a^t qiEtD 0rr all E'E ! F'Uffii lffl5rc.o. ollEa T['E olL lGr c$firnr rrlsruaatcNEatr{C ,t \.i .t AUG-22_1994 A9IA4 FRON ENUIRO SERUICES TO 15836823647 P.6? r\E^ElvEE' AUG e 2 i99:; t-'7ru"/ D, / S/t11[214, k ) VARIANCE HEOUEST STAFF REPOHT AND FINDINGS APPLICANT REOUEgT To allow a 6 foot high chain llnk fence to be placed approxlmately 1 foot behind rhe strget property llnes and approxlmatelv 2.5leet behind the side propBrty line io order to protecr rlonitoring wells andequlpment used for the cleanup of conbminated groundwater and soit. Thie request is a variance for the following reasons: r ) The sreet setback for tenc6$ in commercial districts is 5 feet behind fic property line whenoutdoor storage occurs on the property {SDC t g,0b0(1Xb}}. 2l rhe subject prop€rtv is locatcd st the intersection of Mohawk Road and Modoc Street. The clearvision er€e ext€nde 25 feet along the property line ol both etreate from thEir intersection. Themaximum height for fences within this area ie 2.8 foet {sDc 32.070(2}}. 3) The subject property abute a residentiEl tot to the west The interior side yent s€tback for a 6 footfence is 5 feet (SDC 18.080 (21(b)). This reguest ie a 8O percent varianoe to the street setback stEnderd for fences in commercial districts,a 58 percant variance to the height standard within th6 vision clearance erea, and a 50 percenivarhnce to the interior side yard sBtbEGk stEndard for fences in commercial districts that rbutresidential districts. DI6CUSS]ON IE:f.Uiqf proparty is located at 1017 Mohewk Boulevard lA$sessor's Map# 17.0g-2S-33, rax lot161001. Tha sita was a fgrmer service station. The applicant is conducting a cleanup of contamlnatedsoils and groundwater (remediation) in compliance with state DEO regulatl6ns to allow torsafe, furureuse of the site. Tha spplicant expects a minimum of S years to comptete the remediation. Theproposed fencing will remain for the duratlon of tl{e prolect ind wlll be removed when the remediationis completed. A temporary cyclone fence ls currently tnstafled bahind the sidewetk. Contarninated groundwater has been ldentilied near the east. west and south propefty line$. ln orderto effectively restore these aress, mcnnorinE wells need to be plsced approximatJy s-e ruet from theproperty llne' lf rhe fence wes constructed according to code requirements, the monitoring wellswould be located outside of.the fenced perimeter. Tfi ;ptil;t is requesting fie verianco in orderto secure all morritoring wells snd equipftent within " t"n".J perimeter and protect the pubtic fromrippino hazards pres€ntBd by we[head assembly and piping "onoritr. SPRINGFIELD DEVETOPMENT CODE CRITERIA Sect:on 1 1 .O3O(21 of the Springrfield Dovelopment Code esteblishe$ Variance criteria that must be metin order to approve this requesl. The iolfo*;"g t,nOings aJJ"n" ""cf, of the criteria: (al rHEBE AHE UNUSUAL coNotrtoNs AssocrATED wrrH THE pRopEBTy oB srRUcruBE wHIcH HfI:'JJHPBACnCAL ro usE rne orvelopMENr ABLA i6n rrs rr,rrenioe-o iunpose SNDEB RUG-22-1994 A9.@5 FROTI ENUIRO SERUICES TO 1sa368236a7 P.A3 The unusuel condition in this instance is thc loeation of conteminated soil and groundwater nEar the groparty line. ln ordcr to sgcurc the monitoring wells and equipmert, it iB imprrctical and unsafo to c:onstruct rhe fence within the reguirgd sstback. (bI GRANTING OF TI{E VABIANCE WOULD NOT BE INCONSISTENT WITI{ T}IE METRO PLAN AND Tr{rs coDE. The haight and setbeck of fences are established by the Spdngfield Devslopment Code and are not standards regulatad by the Metro Plan. 1. SDG 18.050(ll(bl spccifics r 5 foot plantcd strGot sotblck for placing a 6 foot fance on comrnercially zoned property. Staff finds that the environmental, Becutity and cafcty concerns of placing the fence ngsr the properry line in this instance, outweigh the need for meeting the Code fencing reguiremsnts. 2. SDC 32,O7A|P,I states thst tlre maxlmum height sllqwr6 wlthln the 25 foot clear vislon area ls 2.5 feet. The reason fof this requirement is to reduce sight obstnrctions to motorists enterlng or leavlng an intersectlon. The Transportation Dtvision has reviewed this variance rcguest and stated that a 6 foot sight obscuring fence lslaned chain linH within the clear vision area on this property will still provide adeguate sisht distance for approachlng traftic and mBEt th8 intBnt of this Code requlr8mBnt (see Auachment 11. 3. SDC I8.05081(bl states that the lnrcrlor slde yard se$eck for a 6 loot fence abuning e rasictefitiet dlstrlst ls 5 feet. Monltoring wells are located within 5 feet of the property tine. Placino a 6 foot fence at a 2.5 foot setback will protect ediacent properties from possiblB Bnvironmentat and safety hazarde associated with the cleanup. For the sbow ressons, staff finds thet granting tlre variance witl not be inconsirtcnt with the Metro Pten or the DEvelopment code. (C, GBANTING OF THE VARIANCE WOULD HAVE NO SIGNIFICANT ADVEBSE AFFECTS ON TI{E ruBLIC WELFARE OB NEIGHBORING PROPERTIES, AND THEBE ABE PBOVISIONS TO MITICATE THOSE ADVERSE AFFESTS WHICH SHALL BE A CONDITION OF USE. Steff fitlds that granting of the variance would protect the public wetfare from rripping hazards prosentod by wellhead eesemblies and pipirrg conduits. ln addition, damaged monitoring wefls or piping can pres€nt environmental threats (gee AttachmEnt 21. lnstallat:on of the fence at the proposed location promotes the public welfsre by proteGting equipmentfrgm disturbance and contributing to safe cleanup operafions. The adverse affects identified with this varianca include; ] : fl" safcty concarns of locating a 6 foot fence within the vision ctearancs area. The Transportation Division has reviewed this appticotion and determined that the installation of a O foot ferrce will not significantly impact vision or cornpremise vehicle qr pedestrian safety (see Attachm€nt 11. 2. Sight obscuring lencing is reguired lor outdoor storage of marerlals ln order to ensure that notse and odor do not disturb the normal operadons of nelghborlng land uses (Ref. SDC lg.l00(1)(d)).Although the applicant has proposed to use cyctone fencing based on his undersranding of rtre Cit/svision clesrsncs Goncems, he prefers to use staned fencino in order to ptotect equipment and promote safety. The Tiansponatlon Division has agreed that slatted fencing will not impact vision, vehicle orpedestrian safety. Staff recommends slghr obscuring lencing eE e condition of appro%;. 2 ) AUG-22-1994 69t@6 FROM EI.IUIRO SERUICES 1s835823587 P.64 (dI THE NEED FORTHE VAR|ANCE }IAS NOTARISE SOIEUY FROM A PHEVIOUS CODE VTOIATION, AND T}IE I{ARDSHIP IS NOT SELF.IMPOSED. . The need for thE variance hag arigen from the discovery of contaminated groundwater near the propcrty llne. The necd fsr the vori8nse is not duc to r previous Code violation or self- imBosed hardship. IeI THEBE ABE NO OI?IEE PRACTIGAL ATTEBI{ATIVES AVAIIABLE THAT BETTEE MEET THE PBOVISIONS OF THIS CODE OB THE METRO PI.AN. Because of the location of contsmineted soil$ and groundwater on the propefty, stsff finds that there are no other practical alternatives lhat better meet the provisions of the Springfield Development Code. There are no provisions of the Metro Plan which apply in this csse. CONSLU$ION The request rc allow a 6 loot fence approxlmately 1 foot from the sueeu and approxlmalely 2.5 feet Itom the imerior side yerd rether than 5 feet ftom the 'streets and ths interior side yard, is consistsnt with the criteria of Section 11-o3O of the Springfield Devetopment Code. Legal notice of the public haaring lor this raquest hes been provided. RECOMMENDATION Approval of the Varianee baseo on tfie sttsehed findings with ths followano conditions: 't. sight obscurang fencing (stett d chain tink) shatt be used- 2- A fehee pcrmit strall be obtsintd from the Buitding Safety Divigiorr. 3. Sidrwalks slrall remain unobetrusted. 4. The applicant shall notify rhe City when the cleanup is compteted. This fence shalt beremoved 30 days from the date of that lener. DESIRED ACTION Approval of the Varirncc by motion and Eignaturl of the attached Final Order by the planning C.ommission Chr irpcrson. TO ) 3 TOTAL P.S4