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HomeMy WebLinkAboutNotes, Meeting PLANNER 5/23/2008 Date Received Planner MM Temporary Use--Emergency Medical Hardslup Case No DRC2008-00032 Monty Wallace Staff Report and DecIsIOn May 23, 2008 6IzJ/6J~'~ I~ 1 Apphcant Monty Wallace 1222 E Street Spnngfield, OR 97477 541-520-6935 Property Owner Donna Wallace 90660 Marcola Rd Spnngfield, OR 541-206-2498 Property Address/ Assessor's Map No 1222 E Street Spnngfield,97477 MapNo 17-03-35-14TL4100 Attendmg PhYSICian Dr John V Ahlen Spnngfield Farruly PhYSICians 2280 Marcola Rd Spnngfield, OR 97477 541-747-4300 Type of LIVIng UPlt Proposed Fifth-Wheel Trailer Date of ApplIcatIOn Apnl 29, 2008 Date ofDeclS\on May 23,2008 Executive Summary The applIcant seeks to place a 5th-Wheel TraIler belund an eXlstmg house at 1222 E Street The reSidence IS home to a 94-year old man whose phYSICian has venfied needs on site care m order for lum to remam m Ius home SectIOn 5 10-100 of the Spnngfield Development Code makes prOVISIOns for the temporary placement of a traIler or manufactured home on a property to proVide an on-site reSidence for a caregiver The Development Code reqUIres that nearby reSidents be notIfied of the applIcatIOn and to have an OppOrtunity to comment on the proposal The Development Code also lIsts certaIn cntena for approvmg Emergency Medical Hardslup--- Temporary Uses In response to a maIled notIce to nearby reSidents and property owners, staff receIVed one phone call m support of the proposed temporary placement of the trailer Based on an analysIs of the applIcatIOn agaInst the approval cntena lIsted m the Development Code for approvmg Emergency Medical Hardslup--- Temporary Uses, staff finds that the applIcatIOn meets the lIsted cntena The proposal IS thereby approved. Procedural ReqUirements SectIOn 5 10- I 05 (C) of the Spnngfield Development Code (SDC) mdlcates that Emergency Medical Hardslup applIcatIOns are reviewed under a Type II process A Type II process IS an admInIstratIve review that reqUITes maIled notIce of the applIcatIOn to property owners and reSidents Wltlun 300 feet of the subject site (See SDC Emergency MedIcal Hardshl~Wallace DRC2008-00032 May 23, 2008 I uate Received 61v'7l a( Planner MM 'J-~ ~ SectIOn 5 1-130) A 14-day publIc comment penod IS allowed for neighbors to register their concerns or to contact staff for more mformatlOn about the proposal At the end of the 14-day penod, staff drafts a decIsIOn and sends notIce of that decIsIOn to any citizen who offered comments The notIce of declS\on contaIns language mformIng cItIzens of their appeal nghts If there IS an obJectIon to the staff deCISIOn No publIc hearIng or publIshed notice IS requITed for Type II processes Fmdmgs MaIled notice was sent on May 7, 2008 to property owners and residents wltlun 300 feet of the 1222 E Street address shown on the applIcatIOn 2 The notice contamed the reqUIred content descnbed m SDC SectIOn 5 10-130 (B) 3 The notice mdlcated that the citizen comment penod would close May 22, 2008 ConclUSion The procedural reqUIrements for processmg a Type II applIcatIon were followed CrItena for Approval The cntena for approVIng Emergency Medical Hardslup applIcatIOns are found In SDC SectIOn 5 10- I 05 (E) The cntena found m thIs sectIOn are stated below I The lIcensed physIcian's wntten medical report shall address the mformatlOn reqUIred m SubsectIOn D 2 a , above 2 The temporary IIvmg quarters shall house either the person reqUInng medical assistance or the care proVider 3 The temporary IIvmg quarters shall be located on the SaIne legal lot/parcel as the pnmary dwellIng Only I temporary lIVIng structure IS allowed on a lot/parcel 4 The temporary IIvmg quarters shall not be pemutted wIthIn the front yard or street Side yard setback 5 All reSidential trailers and other snnIlar uruts used as temporary lIVIng quarters shall be connected to sewer, water and electncal services as proscnbed by the Oregon State BUlldmg Code as adopted by the City 6 All travel traIlers and other smular uruts used as temporary lIVIng quarters shall have utIlIty connectIOns consistent With State law reqUIrements for these unItS as In RV parks Emergency MedIcal Hardshl~Wallace DRC2008-00032 May 23, 2008 2 Date ReceIved Planner MM Staff Findmgs and ConclusIOns "1. The ltcensed physician's written medIcal report shall address the informatIOn required In SubsectIOn D.2.a., above." Fmdmgs: 4 The attendmg physIcian, Dr John V Ahlen, provided the applIcant With a letter descnbmg the applIcant's conditIOns and clearly Indicated that an on-site caregiver was needed to allow the 96-year old resident to remaIn In Ius home at 1222 E Street 5 The phYSICian's letter was on the clImc statIOnary and Included the contents reqUIred by SectIOn 5 10-105 (D) (2) (a) This cntenon has been met "2. The temporary liVing quarters shall house either the person requiring medIcal assIStance or the care provider. " Fmdmgs: 6 The applIcatIOn Indicates that Monty Wallace Will lIve m the 5-th Wheel traIler and provide assIstance to Henry Wallace who Will contmue to lIve m Ius resIdence Tlus cntenon has been met m pnnclple SInce the traIler IS not m place It IS not possible to venfY complIance With tills cntenon beyond the statement m the applIcatIOn "3. The temporary lIVing quarters shall be located on the same legal lot/parcel as the primary dwellmg. Only 1 temporary lIVIng structure is allowed on a lot/parceL" Fmdmgs: 7 The site draWlDg submitted With the applIcatIOn shows the traIler Will be located on the subJect lot at 1222 E Street The drawIng shows Just one temporary dwellIng (the traIler) Tills cntenon has been met ''4. The temporary lIVIng quarters shall not be permItted withm the front yard or street SIde yard setback. " Emergency MedIcal Hardshl~Wallace DRC2008-00032 May 23, 2008 .f/~~/1>r[ ?~i 3 Date Received Planner MM (11/~ ((;( '1 ~ i Fmdmgs: 8 The sIte drawmg submItted WIth the applIcatIOn shows the traIler Will be located belund the eXlstmg residence and not In the front yard There IS no street sIde yard at the subJect locatIon Tills cntenon has been met "5. All residential traders and other similar Units used as temporary ltvlng quarters shall he connected to sewer, water and electrlcal services as proscrIbed by the Oregon State Building Code as adopted by the City." Findings: 9 The applIcatIOn states that a 5-wheel travel traIler shall be placed on the subJect site Tills cntenon does not apply "6. All travel traders and other similar Units used as temporary liVing quarters shall have Utlltty connectIOns consIStent with State law requirements for these units as in RVparks." ' Fmdmgs: 10 The sIte draWing submitted by the applIcant shows available power and sewer hook ups In the back yard VenficatlOn of the hook up cannot be made untIl the traIler IS placed on the property This condItIOn has been met ConclusIOn and DeCision The applIcatIOn and supportIng docU1llentatlOn submItted by the attendIng physIcian have been revIewed by staff agaInst the approval cntena found In SDC SectIOn 5 10-105 (E) Based on thIS review and the findIngs of fact made by staff, It IS the conc]usJOn of staff that the Emergency Medical Hardslup applIcatJOn meets the approval cntena ThiS applIcatIon is thereby approved. Emergency Medical HardshJ~Wallace DRC2008-00032 May 23, 2008 4