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 $5.00
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Phone *
State , O.R ,zi p:
istration #, IOOA- q Expires:S\ 3*?;
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FOR OFFICE USE
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By signing this permit/application, I agree to caII for an inspection once my
fence has been constructed (726-3769). I also stated that all information on
this applieation/permit is correct and that I vas provided vith the Springfield
Development code requirements for fence standards.
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Date of Application:
Receipt #/ 5026
Total Amount CoIIected:
JOB *:
Issued By:
Checked for Delinqueneies:
Assessors Hap *, tVO3 Z S 3 3 Tax Lot +: ,/O/O D
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HUG-38-1994 LAI?g FRO},I ENUIRO SERUICES
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AUG-22_1994 A9IA4 FRON ENUIRO SERUICES TO 15836823647 P.6?
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VARIANCE HEOUEST
STAFF REPOHT AND FINDINGS
APPLICANT
REOUEgT
To allow a 6 foot high chain llnk fence to be placed approxlmately 1 foot behind rhe strget property
llnes and approxlmatelv 2.5leet behind the side propBrty line io order to protecr rlonitoring wells andequlpment used for the cleanup of conbminated groundwater and soit.
Thie request is a variance for the following reasons:
r ) The sreet setback for tenc6$ 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%;.
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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.
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