The URL can be used to link to this page

Home My WebLink AboutNotice PLANNER 9/4/2007 . . ~ AFFlDA VIT OF SERVICE: srATE OF OREGON 1 ) ss County of lane ) I. Karen laFleur, being first duly sworn, do hereby depose and say as follows 1 I state that I am a Program Technician for the Plannmg DIVISion of the Development ServIces Departrnent, City of Spnngfleld, Oregon 2 I state that In my capacity as, Program Technician, I prepared and caused to be mailed copies of'DR.C.2oo7-COO5.3 '11/l'lM-- 1J1)-!.UAMx/ ~/;(.S/ ~ (See attachment "A ') on -'lL4 ,2007 addressed to (see ~ Attachment B"), by causmg saId letters to be placed In a U S mall box with postage fully prepaid thereon ~.1})~ 0 tt~ K~JN LaFLEUR STATE OF OREGON, County of lane ~ 4' ,2007 Personally appeared the above named Karen laFleur, P~ogram Technician, who acknowledged the foregOing mstrument to be theIr voluntary act Before me My A COmmiSSion E~res ~ n dVZJ Y .. ---- ~-- ~) -~. - ". . "-OFFiCIAL SEAL . BRfMDAJONES ( NOT AR' 'ilBUC, OREGON I ~ COMM\~SION NO 379218 t~ _,..2!:~~~~~!_SMAY27.2008 Date Received ...J./-'I0007_ Planner. AL '/ -' , TYPE IT MINOR VARIANCE STAFF REPORT & DECISION Project Name CRS lnc /Northvlew Investments PartItIOn PrOject Proposal Mmor Variance for Two Proposed Parcels Frontmg Onto a North-South Street Case Number DRC2007-00053 PrOject LocatIon 135 & 137 38th Street Zonmg Low DensIty ReSIdentIal (LOR) ComprehensIVe Plan DesIgnatIon LOR Apphcable Rcfincment Plan MId Sprmgfield Rcfinement Plan DesIgnatIOn. LOR ApphcatlOn SubmItted Date August 2, 2007 DecIsIOn Issued Date September 4, 2007 DecISIon Approval WIth condltJons Appeal Deadhne Date September 19, 2007 AssocIated ApphcatlOns: PRE2007-00026, SUB2007-00039, SUB2007-00043 CITY OF SPRINGFIELD DEVELOPMENT REVIEW TEAM I POSITION I ProJect Manager I TransportatIOn Plannmg Engmeer I Deputy FIre Marshal I Pubhc Works ElT I Pubhc Works EIT I BuIldmg DIvIsIon NAME Andy Llmblrd Greg Kwock GIlbert Gordon Jesse Jones Jesse Jones John Pearson PHONE 726-3784 736-7134 726-2293 736-1036 736-1036 726-3669 REVIEW OF Plannmg TransportatIOn Fire & Life Safety UtI htles SanItary & Storm Sewer Buildmg Code APPLICANT'S DEVELOPMENT REVIEW TEAM Owner/ Apphcant. Engmeer Mark Losco CRS lnc 1670 West 11th Avenue, SUite 0 Eugene, OR 97408 Jeannette Applauso Branch Engmeermg lnc 310 FIfth Street Springfield, OR 97477 Date Received ;/'1/;10(71 Planner AL ~ NATURE OF APPLICATION. The applIcant submitted a Type II Vanance ApplIcation to the City of Spnngfield requesting a minor vanance to the 60 feet of frontage reqUired on north-south streets In accordance with SDC 16 030(2) The applIcant IS requesting an 18 3 percent reduction of the reqUired frontage to 49 0 feet of frontage The applIcant IS making thiS request In order to partitIOn a property with ,,98 0 feet of frontage Into two parcels The proposed parcels are to denve access from an eXisting curb cut and dnveway on 38th Street REVIEW PROCESS ThiS applIcatIOn IS reViewed under the Type II procedure lIsted In SDC 3080 and In SDe 11 030(1)(b) The Director shall approve the Minor Variance If the applIcant demonstrates complIance With all of the applIcable cntena lIsted In SDe 11 030(4) ThiS applIcatIOn was accepted as complete on August 2, 2007, and thiS deCISion IS Issued on the 33'd day of 120 days mandated by the state SITE INFORMATION The ,,0 26 acre development site IS zoned Low DenSity ReSidential (LOR) consistent With polICieS of the Eugene-Spnngfield Metro Plan The site IS located at 135 & 137 38th Street and contains two eXisting Single family dwellings The subject property IS bordered on the west, north and east Sides by Single famtly homes on LDR zoned properties Abutting properties to the south are zoned and deSignated Community Commercial (ee) The property fronts onto 38th Street which IS an Improved local street With curb, gutter, Sidewalks and street lIghting The applIcant has submitted a concurrent applIcallon for serial property line adjustment to move the southern property line approximately 4 to 5 feet north to correct two eXisting commercial bUilding encroachments DECISION Approval WIth condltlon, as per the findings In thiS report WRITTEN COMMENTS Procedural Finding I ApplIcatlons for Limited Land Use DeCISions reqUire the notificatIOn of property owners/occupants Within 300 feet of the subject property allOWing for a 14 day comment penod on the applIcatlon (SDC 3 080 and 14 030) The applIcant and parties submitting wntten comments dUring the notlce penod have appeal nghts and are mailed a copy of this deCISIon for conSideration Procedural Finding 2 In accordance WIth SDe 3 080 and 14030, notice was sent to owners/occupants Within 300 feet of the subject site on August 10,2007 No wntten comments were receIved In response to the Nollce to Surroundmg Property Owners CRITERIA OF APPROV AV SDe Sectlon 1 I 030(4) states, the DIrector shall approve the Mmor Varzance if the applzcant demons/rates compllOnce wlIh all of the applzcable approval crzterlO (a) LoeatlOnal or dImensIOnal problems bave been IdentIfied that can be resolved by a Mmor VarIance; Flndmg 3 The dimensIOnal problems have been IdentJtled In the narratlve and on the Tentative Plan Map as submitted The applIcant IS requestmg a vanance to the 60 foot lot frontage reqUirement, and requestlng that the City approve two 49 0 foot parcel frontages to alleViate the problem Mmor Vanance DRC2007-00053 Date Received. Planner: AL 'I IlJ} ZOOi 8/30/07 Page 2 of5 ~ FIndIng 4 The subject property IS located on a north-south street FIndIng 5 SOC 16 030(2) IndIcates that lots/parcel on north-south streets shall be 5,000 square feet In area WIth 60 feet of street frontage FIndIng 6 As shown on the TentatIve Plan Map, both proposed parcels meet the mInImum 5,000 square foot standard As previously Indicated, the applicant IS requestIng a vanance to the 60 foot lot frontage reqUIrement to allow 49 0 feet of frontage for each parcel The proposed mInor vanance would be an 18 3% reductIOn In lot frontage, whICh IS an allowable percentage reductIOn If all the vanance cntena In SOC I I 030 el 'eq are met FIndIng 7 As shown on the TentatIve Plan Map, the sIte contaInS two dwelling UnIts whIch represents an eXIstIng non-conformIng sItuatIOn The applIcant has submItted a concurrent applIcation to partItIon the property so that each dwellIng UnIt IS on a separate parcel (SUB2007-00039) FIndIng 8 The applIcant has submItted a concurrent request for Sendl Property LIne AdJustInent that will reduce the total sIte frontage from approxImately 102 feet to 98 feet (SUB2007-00043) The proposed senal property lIne adjustment does not create the reqUIrement for a mInor vanance to the parcel frontage FIndIng 9 The developer has submItted a concurrent applIcatIOn for tentatIve partItIon plan approval pursuant to PlannIng ActIon SUB2007-00039 The tentatIve partitIOn plan must be approved and recorded for the MInor Vanance to be effected on the FInal Plat ConclUSIon The findIngs above show that 10catlOnal problems have been IdentIfied As proposed, Cntenon (a) has been met (b) The proposed adjustment IS the mInImum/maxImum necessary to alleVIate the IdentIfied dImensIOnal or locatlOnal problem, FIndIng 10 The applIcant IS requestIng a vanance to the reqUIred 60 foot frontage to allow two 490 foot WIde parcels Upon recordIng of the Senal Property LIne Adjustment InItiated by PlannIng ActIOn SUB2007-00043, the subject sIte will measure approxImately 98 feet In WIdth PartItIOnIng the subject property Into two parcels of IdentIcal WIdth would result In two 0049 0 foot WIde lots gIven the current lot dImenSIons The proposed TentatIve Plan does not create a SIde yard setback conflict for the eXIstIng dwellIngs FIndIng I I The subject parcellS In the LOR Zone, whIch IS subject to solar setback reqUIrements as set forth In SOC 16050 el seq New structures on the proposed parcel(s) WIll be reqUIred to meet these standards rhe developer IS propOSIng to retaIn the eXIstIng dwellIngs on Parcels I and 2 However, the developer or future landowner WIll be reqUIred to abIde by the solar setback requIrements of SOC 16 050(5) when applYIng for bUIldIng permits on Parcel 2 CondItIon of Approval I All new constructIon on Parcels I and 2 shall comply WIth the Solar Setback ReqUIrements of SOC 16 050(5) el seq ConclUSIOn The proposed adjustment IS the mInImum necessary to alleVIate the dImensIOnal problem As condItIoned hereIn, Cntenon (b) has been met 8/30/07 Date Received Planner AL Minor Variance DRC2007-00053 f/"I/Ju07 , , Page3 0[5 I (c) Where apphcable, the request shall result In the preservatIOn of on-sIte trees 5" dba and above, Fmdmg 12 There are no trees of 5-mch or greater caliper that WIll be affected by thIS request for Mmor VarIance ConclUSIOn CrIterIon (c) has been met (d) The request shall not Impede adeqnate emergency access to the SIte, Fmdmg 13 The InternatIOnal FIre Code (IFC) requIres a mmlmum 20 feet clear-wIdth area for fire/emergency access Fmdmg 14 The Mmor VarIance request affects the parcel frontage only The proposed parcels front onto a developed local street allowmg for UnImpeded access ConclUSIon The proposed frontage request does not.lmpede adequate emergency access to the sIte CrIterion (d) has been met (e) The reqnest shall not nnreasonably adverscly Impact pnbhc or prIvate easements, and Fmdmg 15 There are no easements that would be adversely affected by the proposed varIance shown on the submItted TentatIve Plan Map, nor are there any easements hsted on the prellmmary tItle report ConclUSIOn CrIterIon (e) has been met (1) The request shall not unreasonably hm.t solar access standards for abuttIng propertIes In order to meet thIS crIterIon, the DIrector may reqUlrc that the bUIldIng or structure be placed as close to the south property hne as pOSSIble Fmdmg 16 Currently, there are eXlstmg smgle family houses located adjacent to the subJcct property to the north and east The applicant IS applymg for thIS variance m order to faCIlitate a property partItIon The new parcels, If approved, Will contam eXlstmg smgle famIly homes and the varIance WIll not affect the present solar access condlltons Fmdmg 17 As noted preVIOusly m thIS report, the applicant or landowner WIll be reqUired to comply With all solar access standards as set forth m SectIOn 16050 of the SprIngfield Development Code when applymg for bUlldmg permits on the parcels ConclUSIOn CrIterIon (f) has been met (g) In addItIOn to the apphcable approval criterIa specified m SubsectIOns (a)-(1) above, the follOWIng approval CrIterIa shall also apply to a request mvolvmg parkmg reductIOns on mfill lots In the Commcrcml and IndustrIal DIstrICts when there IS a change of use, addItIon or expansIOn that reqUIres SIte Plan ReVIew ModIficatIon The Mmor VarIance for parkmg reductIOns shall not apply to MDS applIcatIons as speCIfied m SectIOn 31 010(4)(d) of thIs Code. Fmdmg 18 ThIS request does not mvolve a parkmg reductIOn and IS not located m a Commercial or IndustrIal zonIng dIstrIct Therefore, CrIterIon (g) does not apply ConclUSIOn CrIterIon (g) IS not applicable .\ Date Received DIll! 1'2.001 Planner AL , .' 8/30/07 Mmor Variance DRC2007-00053 Page 4 015 I' I AddItional Information' The applicatIOn, all documents, and eVIdence relied upon by the applicant, and the applicable cntena of approval are avaIlable for free InspectIon and copIes are avaIlable for a fee at the Development ServIces Department, 225 fifth Street, Spnngfield, Oregon Appeal ThIs Type II MInor Vanance deCISIon IS consIdered a deCISIOn of the DIrector and as such may be appealed to the PlannIng CommISSIon The appeal may be filed WIth the Development ServIces Department by an affected party The appeal must be In accordance WIth SDC, ArtIcle 15, Appeals An Appeals applicatIOn must be submItted to the CIty WIth a fee of $250 00 The fee wIll be returned to the appellant If the PlannIng CommiSSIon approves the appeal applicatIOn In accordance WIth SDC 15020 whIch prOVIdes for a 15-day appeal penod and Oregon Rules of CIVIl Procedures, Rule 10(c) for servIce of notIce by maIl, the appeal penod for thIS deCISIOn expIres at 500 P m on September 19'", 2007 CONDITION OF APPROVAL 1 All new constructIon on Parcels 1 and 2 shall comply WIth the Solar Setback ReqUIrements of SDC 16 050(5) el seq Questions Please call Andy Llmblrd In the PlannIng DIVISIon of the Development ServIces Department at (541) 726-3784 or em all alImblrdiiilcl sonnl!ficld or us .fyou have any questIOns regardIng thIS process Prepared By. (J~ DateRecelVed ~/r.;>t;t17 Planner AL 8/30/07 Minor Variance DRC2007-00053 Page 50f5 ~ CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT 225 5th ST SPRINGFIELD, OR 97477 _____'...__~__".~~__,_L ~.. ._- Jeannette Applauso Branch Eng1neer1ng 310 F1fth Street Spr1ngf1eld, OR 97477 }. ~J " ~ 1t; ~';... .f' ~ J l ,- ' ,. " "I '1 l "; l ....,"h CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT 225 5th ST SPRINGFIELD, OR 97477 rlt'rk L03eo CRS Ir c 1670 West 11th Ave, Ste D Eugene, OR 97408 Date Received f/f/a/7 Planner AL 13