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Home My WebLink AboutBuilding Occupancy 1992-03-18NOTICE OF DECISION HOME OCCUPATION APPLICATION TO: APPL]CANT AND PROPERTY OWNERS/RESIDENTS WITHIN 300 FEET OF THE SUBJECT PROPERTY CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT SUBJECT The City of Springfield, Development Services Department, has approved an application for a Home Occupation Permit. State law and the Springfield Development Code require that all owners and/or residents of properties within 300 {eet of the subject property be notified of the decision, and of the process for appeals. DATE OF DECISION JOURNAL NUMBER APPLICANT March 18, 1992 92-03-45 Daniel and Pamela Mansfield 2249 North Second Street Springfield, OR 97477 PROPERTY OWNER Mara Gene Ltd. Partnership PO Box 233 Springfield, OR 97477 PROPERTY MANAGERS Leavitt Shay Real Estate Services 921 Southwest Washington Street, Suite 425 Portland, OR 972Os LOCATION OF PROPERTY 2249 North Second Street Tax Assessor's Map 17-03-26-22; Lot 4O2O NATURE OF THE APPLICATION The application is for a Home Occupation Permit to operate a janitorial service from the premises. The applicant states that: there will be no need for customer visits; the business will use only one vehicle--a small pickup truck; the business will have no employees other than the applicants, and; there will be no need to modify the structure. NOTICE OF DECISION JO. NO. 92-03-45 PAGE 1 DECISION The requested Home Occupation Application is found to be consistent with the criteria of Section 16.100(6) of the Springfield Development Code and is hereby approved with conditions (see below under "Conditions of Approval"). OTHER USES THAT MAY BE AUTHORIZED BY THE DECISION None SITE INFORMATION The property is located in the "O" Street Refinement Plan Area, on North Second Street, between "U" Street and "V" Street. The Zoning, Metro Plan designation, and Refinement Plan designation are Low Density Residential. The property is developed with a duplex. The property is bordered on the south and north by duplexes, on the west across North Second Street by duplexes, and on the east by single-family residences. Surrounding properties are all zoned and designated Low Density Residential. The neighborhood is predominantly developed with duplexes and single-family residences in good condition. CRITERIA OF APPROVAL (Ref. Section 16,100(6) of the Springfield Development Code.) A home occupation may be approved provided that the following criteria are met. (a) The primary use of the building is a dwelling. (b) The occupation is a secondary use that does not significantly affect the character of the dwelling or neighborhood. (c) Compliance with the following conditions shall occur at all times One sign shall be permitted: a non-illuminated, wall sign not larger than one & a half square feet. There shall be no display which would indicate from the exterior that the building is being used for any purpose other than a residential dwelling, excluding the one sign permitted in 1., above. There shall be no outside storage of materials visible from public property or adjacent private property. Mechanical equipment, except that which is compatible with residential purposes, shall be prohibited. 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. The home occupation shall not create hazardous traffic conditions or utilize on- street parking of nearby properties. lf 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. 2 3 4 5 b 7 NOTICE OF DECISION JO. NO. 92.03.45 PAGE 2 1 No merchandise, other than what is produced on-site shall be sold to the public from the premises. 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, bob cats, refrigerator trucks, livestock trucks, commercial buses, farm tractors, garbage trucks and log trucks. 10 Any home occupation which requires more than one vehicle for its operation shall be prohibited. The one vehicle permitted shall be limited to passenger vehicles, passenger vans or pick-up trucks. '11 No residence shall be used as a headquarters or dispatch center where employees or subcontractors report to the residence to be dispatched elsewhere. 12 The applicant shall sign this agreement with the City acknowledging these conditions as well as additional conditions deemed necessary to achieve compliance. 13 Customer access to home occupations shall be limited to the hours of 7 a.m. to 6 p.m. (d) The following shall be prohibited as a home occupation: Automobile repair, including but not limited to tune-ups, alignments, body-fender work, painting, detailing and upholstering; Health salons, gyms, dance studios, aerobic exercise studios, karate and judo instruction; Medical and dental offices; Mortician, hearse services; Tow truck services; Veterinary uses (including care, grooming and boarding), and; Wholesale distribution taking up more than the equivalent of 40 percent of the primary residence. RESPONSE TO THE CRTTERIA CRITERION (a) The primary use of the building is as the applicants' residence. The applicants state that the business use of the building will be limited to bookkeeping, phone sales, and indoor storage of light cleaning equipment and materials. CRITERION (b) The occupation is a secondary use (see response to Criterion (a), above), Based on the information provided by the applicant, the proposed home occupation, as conditioned below, will not significantly affect the residential character of the neighborhood. The applicants state that: there will be no outdoor storage of equipment or materials; there will be no need for customer visits; the business will use only one vehicle'-a small pickup truck; the business will have no employees other than the applicants, and; there will be no need to modify the structure. 8 o 2 3 4 5 6 7 NOTICE OF DECISION JO. NO. 92-03-45 PAGE 3 CRITERION (c) A site visit confirmed that all of the conditions listed in Criterion (c) are currently met. The applicants have signed a binding agreement acknowledging those conditions, as well as additional conditions deemed necessary by the City. Furthermore, pursuant to Section 16.100(6)(e) of the Springfield Development Code, "(a)ny 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 of the conditions under which the home occupation was approved. The revocation decision may be appealed to the Planning Commission in accordance with the provisions of Article 15 of this code." CRITERION (d) The proposed home occupation is not one of the uses listed as prohibited under this criterion CONDITIONS OF APPBOVAL The conditions listed above under Criterion (c) shall be complied with at all times, except as modified below. 1. No merchandise of any kind shall be sold from the premises 2, There shall be no customer access to the home occupation This Home Occupation Approval shall be subject to revocation by staff if the home occupation is found to be in violation of the conditions under which the home occupation was approved. ADDITIONAL INFORMATION The application, all documents and evidence relied upon by the applicant and the applicable criteria are available for a free inspection, and copies will be available at a cost of $0.75 for the first page and $0.25 for each additional page, at the Development Services Department,22S Fifth Street, Springfield, Oregon. APPEAL lf you wish to appeal this Home Occupation decision, you must do so within 10 calendar davs of the date of this letter. Your appeal must be in accordance with Springfield Development Code, Article 15, APPEALS. OUESTIONS Please call Greg Hyde at 726-3784 if you have any questions regarding this process PREPARED BY Greg Hyde Associate Planner Copy to: Applicant Property Owners/Residents within 300 feet of the subject property NOTICE OF DECISION JO. NO. 92-03.45 PAGE 4 4yu.4l a 55r 3.o' 55r4 2 4 { a/t., d.o' 6A. 551 I 5 b55r.2$ J 55rO 7 ,d. 4053 1013 9 4cA4 60( bt ,, 4045 5 6ro a 4000 a' 6200 I\ q cll' 4046 6300 I t' 640 o J.aar l" 4037 t9 4034 4039 lo 4O4O 4016 ? t' 4c/t7 { ,1. 4,ot5 4 31 4926 3 s .t 4025 40?4 ( 3605 a/ 3604 4 ? ato. 3 su t 3603 -rA 8z 3602601 \ \ ,/d' ? Pl- 6vO' Zzs u 4 \ i rt 7430 6roo 227 e2 ,tA.6 40064007 2 4005 3904loo4000 4 42AO .DE 6 . IOO zau'8 4300 o 7 N04,i t V 40t8 3 5roo 70 4 2 5300 e9.56 5 PROPERTYSUBIECT 555506 ar, ,, 5507 q 9&21"''\\ 3 .J 39 otvlV za <Ll JOI'o ! a 6'3 4 4i ,Z 2 tu;/;, D r scf RE ET *.4.a.at* t\ n IEET 22lzo.*c.t-U' oz $J s5@ 7 - Porc.l B gR',tl 27zzt. 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