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HomeMy WebLinkAboutDecision Planner 4/25/2019)L STATE OF OREGON ) ) ss. County of Lane ) l, Shannon Morris, being first duly sworn, do hereby depose and say as follows: 1. I state that I am an Administrative Specialist for the Planning Division of the Development and Public Works Department, City of Springfield, Oregon. 2. I state that in my capacity as,Administrative cialist, I prepared and caused to he mailed copies ,,A,r) on i\zs ,2019 ), by causi ng sa id letters to be placed in a U.S. mail box with postage fully prepaid thereon. Shannon Morris STATE OF OREGON, County of Lane On^J .fC4 ,201s, Personally appeared the above named Shannon @peciatist,whoaiknowledgedtheforegoinginstrument to be their voluntary act. Before me: { la r t st,tlt (See attachment addressed to (see tAttachment "B" t ffi,"dff#iffii*\W/ coMMlssloN No. 967995 llY cotllllsslotl ExPnEs oclffiR tl, &l My Commission Expires:\o Ir ,rc}^\ AFFIDAVIT OF SERVICE Type I Accessory Dwelling Unit, Staff Report & Decision * Proiect Name: 1248 39te Street, ADU - Cuadros Nature of Application: Retro Land Use application in order to legalize an illegal 388 sq, ft. garage conversion and addition to an Accessor Dwelling Unit. The addition did not meet building code requirements for a bedroom so the applicant has proposed to expand the illegal conversion to accommodate a 684 sq. ft. Accessory Dwelling Unit that meets all applicable code requirements. Case Number: 811-19-000081-TYP1 - ADU Proiect Location: 1248 39th Street Map and Tax Lot 1,7-02-30-43;4401 Zoning: Low Density Residential Metro Plan Designation: Low Density Residential Overlay Districts: Drinking Water Protection - 5 Year Time of Travel, SP Wellhead Zoning of Surrounding Properties Low Density Residential (LDR) Current Site Conditions: The subject property is located approximately one block south of Kathryn Avenue along 39th Street. 39th Street is an unimproved right of way. The subject proper-ty is 14,810 square feet and contains one detached single family home, an attached garage (proposed ADU), and two detached accessory structures. The property is accessed from a gravel driveway from a gravel street to at least three existing off-street parking spaces Application Submitted/Accepted Date: April 1, 201,9 Decision Issued Date: April 25,201,9 Recommendation: Approved, with Conditions. All revisions to be shown on the Building Permit and final site plan. Associated Applications: N/A 1 I t I APPLICANT/PROPERTY OWNER: Juan Cuadros 1248 39th Street Springfield, OR97477 Applicant's Representative: N/A CITY OF SPRINGFIELD DEVELOPMENT REVIEW TEAM POSITION REVIEW OF NAME PHONE Planner Development Code Drew Larson 736-1003 Public Works Sanitary & Storm Sewer Clayton McEachern 726-5750 Deputy Fire Marshal Fire and Life Safety Eric Phillips-Meadow 726-3737 811-19-000081-TYP1 0&Auhr\^-u^* ft SPFINOFIEI-D I Proiect Proposal: The applicant has submitted plans in order to legalize an illegal 3BB sq. ft. garage conversion with the addition of a bathroom and a 98 sq. ft. addition to create an Accessor Dwelling Unit. Because the addition and conversion was done without permits or to building code, the applicant has proposed a second expansion to create a 753 sq. ft. ADU to meet applicable building code requirements and desirable living conditions. Purpose: An accessory dwelling unit is intended to provide the opportunity to add accessible and affordable units to existing neighborhoods and new residential areas; Provide flexibility to accommodate changes in household size or composition over the course of time, allowing for intergenerational living and on-site caretakers/assistants; Make efficient use of residential land; and Fit into the neighborhood while maintaining stability, property values, and, in the case of low-density residential zones, the single-family residential appearance of the neighborhood. Criteria of Approval: In order to grant ADU approval, the Director shall determine compliance with all applicable standards specified below: Section 5.5-125 ADU Development Standards A) The accessory dwelling unit shall meet all applicable standards in this Code including, but not limited to; setbacks, height, lot/parcel coverage, solar access and building codes in effect at the time of consfuction. Complies as Shown on Plot Plan lL Proposal Complies when the following Condition(s) is/are met: Finding: The proposed ADU meets applicable primary structure setbacks including the solar setback per Section 3.2-225 Base Solar Development Standards and Table 3.2-1. Finding: The existing height ofthe garage and illegal ADU conversion does not exceed the height ofthe primary structure (14 feet). Finding: The addition of the ADU will not exceed the 450lo maximum parcel coverage of the zoning district. Finding: 39th Street is a gravel road with no existing right of way improvements. The driveway serving the subject property is also paved but leads to a paved parking pad with at least 3 off-street parking spaces. BULDING CODE Finding: The applicant is requesting development approval for work already completed. Development approval cannot be granted for a structure modified without approval and required permits. Finding: The applicant needs to obtain building permits for the existing expansion and ADU conversion to ensure that it meets all applicable building code requirements. The expansion and conversion building permit and inspections must be obtained separate from the proposed second expansion. Condition 1: The applicant shall obtain all necessary building permits within 30 days of the date of this letter for the existing Accessory Dwelling Unit conversion and expansion to ensure that it meets all applicable building code requirements. ELECTRIC & WATER UTILITIES Finding: Section 4.3-130.A of the Springfield Development Code requires each development area to be provided with a water system having sufficiently sized mains and lesser lines to furnish adequate supply to the development and sufficient access for maintenance. Springfield Utility Board coordinates the design of the water system within Springfield city limits. Finding: The ADU will require its own water and electric meter that will each need three feet of clearance around the meter. 2811-19-000081-TYP1 Condition 2: Prior to Building Permit approval, the applicant shall coordinate with Springfield Utility Board prior to trenching for the underground electric and water utilities and for final meter location approval. This information shall be shown on the Building Permit SANITARYSEWER Finding: Section 4.3- 105.A of the SDC requires that sanitary sewers shall be installed to serve each new development and to connect developments to existing mains. Additionally, installation of sanitary sewers shall provide sufficient access for maintenance activities. Finding: This lot has existing sewer access sufficient for the proposed development. STORMWATER MANAGEMENT Finding: Section 4.3-110.C of the SDC states that a stormwater management system shall accommodate potential run-off from its entire upstream drainage area, whether inside or outside of the development. Finding: Section 4.3-110.D of the SDC requires that run-off from a development shall be directed to an approved stormwater management system with sufficient capacity to accept the discharge. Finding: Section 4.3-110.E of the SDC requires new developments to employ drainage management practices, which minimize the amount and rate of surface water run-off into receiving streams, and which promote water quality. Finding: This area does not have an existing stormwater system and all stormwater runoff MUST be disposed ofon site. Condition 3: As part of the building permit to bring the current, existing unpermitted ADU in compliance the applicant will show on the building permit plan how stormwater is being disposed of on site that complies with the relevant building code requirements and will not impact the surrounding properties, including the public ROW of 39th St WATER QUALITY Finding: All the proposed impervious area of this development will be residential rooftop area which does not require treatment and is generally considered clean, no water quality measures are required in addition to the disposal requirements. B) The accessory dwelling unit shall contain a kitchen, bathroom, living and sleeping area that are completely independent from the primary dwelling. X Complies as Shown on Plot Plan Proposal Complies when the following Condition(s) is/are met: Finding: The ADU proposed floor plan shows all applicable dwelling unit amenities, including a kitchen, bathroom, living, and sleeping area. C) The accessory dwelling unit shall not exceed 800 square feet or the square footage of the primary dwelling (exclusive of the garage for the primary dwelling), whichever is less. -X- Complies as Shown on Plot Plan Proposal Complies when the following Condition[s) is/are met: Finding: The proposed ADU, with the second expansion, will be approximately 753 square feet which does not exceed the square footage of the primary dwelling 1,088 sq. ft. 3811-19-000081-TYP1 D) The accessory dwelling unit shall have an outside entrance that is separate from the entrance to the primary dwelling.* A hard surface walkway, a minimum of 3 feet wide, shall be required from the primary entrance of the accessory dwelling unit to the street or walkway serving the primary dwelling. -X- Complies as Shown on Plot Plan Proposal Complies when the following Condition(s) is/are met: Finding: The proposed attached ADU shares the existing unpaved driveway from 39s Street which connects the ADU to the adjacent street network. E) Each dwelling shall have its own address. L Complies as Shown on Plot Plan Proposal Complies when the following Condition(s) is/are met: Finding: The proposed ADU will be assigned a separate address at the time of building permit. F) There shall be 1 parking space 9 feet by 18 feet in size for the accessory dwelling unit, in addition to the parking spaces required by Section 4.6-100 for the primary dwelling. The parking space for the accessory dwelling may be provided either on-street or off-street as described in Section 5.5- 12s(FXl-4). JL Complies as Shown on Plot Plan Proposal Complies when the following Condition(s) is/are met: Finding: The existing residence has a minimum of three off-street parking spaces. The proposal meets the required off-street parking requirement. G) Outdoor storage and garbage areas shall be screened from view from adiacent properties and those across the street or alley with a minimum 42-inch tall 100-percent site obscuring fence or enclosure on at least 3 sides. Complies as Shown on Plot Plan X Proposal Complies when the following Condition(s) is/are met: Finding: The applicant did not indicate where trash receptacles would be stored on-site. Condition 4: Prior to Building Permit approval, the applicant shall revise the plot plan to show where the trash receptacles will be stored on-site and construct the required screening as necessary. Section 5.5-130 ADU Design Standards A) The Accessory Dwelling Unit shall match the primary dwelling. An accessory dwelling unit may be approved under Type 1 procedure if it meets the following design standards except that these standards may be altered when necessary to meet current fire or building codes. l. Exterior finish materials shall be the same as or visually match those of the primary dwelling in terms of type, size, and placement. 2. Roof pitch shall be the same as the predominate roof pitch of the primary dwelling. 3. The trim around the doors and windows shall be the same type and finish as the primary dwelling. 4811-19-000081-TYPI 4. Windows shall match those of the primary dwelling in terms of proportion (heightand width ratio) and orientation (vertical vs. horizontal). 5. Eaves shall proiect from the accessory dwelling unit addition the same distance as the eaves on the primary dwelling. X Complies as Shown on Plot Plan Proposal Complies when the following Condition(s) is/are met: Finding: The applicant's narrative states that the ADU will substantially match the primary dwelling in terms of type, size, trim, finish materials, roof pitch, windows, and eve projections. ln addition, the applicants propose a similar color scheme as the primary dwelling. Timelines and Conditions of Approval: The property owner and/or applicant shall comply with the standards specified herein within 2 years of the Director's approval as follows: A. Approval of a building permit within 30 days for the work completed without approval or permits; approval of a building permit for the secondary expansion shall occur within 60 days; and work shall commence with 90 days of the Director's approval, including the following Conditions of Approval: 1. Prior applicant shall obtain all necessary building permits for the existing dwelling unit conversion and expansion to ensure that it meets all applicable building code requirements. 2. Prior to Building Permit approval, the applicant shall coordinate with Springfield Utility Board prior to trenching for the underground electric and water utilities and for final meter location approval. This information shall be shown on the Building Permit 3. As part of the building permit to bring the current, existing unpermitted ADU in compliance the applicant will show on the building permit plan how stormwater is being disposed of on site that complies with the relevant building code requirements and will not impact the surrounding properties, including the public ROW of 39th St. 4. Prior to Building Permit approval, the applicant shall revise the plot plan to show where the trash receptacles will be stored on-site and construct the required screening as necessary. B. The construction of the accessory dwelling unit shall be complete within L year of Building Permit issuance. If this time line cannot be met, the applicant may submit a written request for a single 1-year extension for completion. C. If the timeline established for completion of construction in Subsection B. above is not met and the applicant has not requested an extension, then the Director shall declare the application null and void. D. Upon satisfactory completion of Accessory Dwelling Unit, as determined by a Final Site lnspection (prior to the final building inspection), the City shall authorize the provision of public facilities and services and issue a Certificate of Occupancy or otherwise authorize use of the site. E. All required improvements shall be installed prior to the issuance of a Certificate of Occupancy or Final Building Inspection for the development, unless improvements have been deferred for good cause by the Director as noted below: Permits That May Be Required: o Building Permits o Plumbing Permits o Electrical Permits 581 1 -1 9-000081-TYP1 Pay applicable Systems Development Charges when building permits are issued for developments within the City limits or within the Springfield Urban Growth Boundary. (The cost relates to the amount of increase in impervious surface area, transportation trip rates, and plumbing fixture units. Some exceptions apply to Springfield Urban Growth areas.) [Springfield Code Chapter II, Article 11] Systems Development Charges (SDC's) will apply to the construction of buildings and site improvements within the subject site. The Charges will be based upon the rates in effect at the time of permit submittal for buildings or site improvements on each portion or phase of the development. Additional Information: The application, all documents, and evidence relied upon by the applicant, and the applicable criteria of approval are available for free inspection and copies are available for a fee at the Development Services Department, 225 Fifth Street, Springfield, Oregon. Appeals: This Type I decision is exemptfrom the provisions of ORS 1.97.195,1.97.763 and227.773 and therefore cannot be subject to the appeal provisions of SDC Section 5.3-100, Appeals. Questions: Please call Drew Larson in the Planning Division of the Development and Public Works Department at (541)736-1003 ifyou have any questions regarding this process. 681 1 -1 9-000081 -TYP1 CITY OF SPRINGFIELD Development & Public Works 225 sth ST Springfield, OR 97477 q : 33J3lsd E Juan Cuadros 1248 39th Street Springfield,0r 97477