HomeMy WebLinkAboutMiscellaneous Correspondence 1990-1-29
EDWARD C. HARMS, JR.
TIMOTHY J. HAROLD
JOSEPH J. LEAHY
TERENCE J. MEEHAN
HARMS, HAROLD & LEAHY
ATTORNEYS AT LAW
SUITE D, 223 NORTH A
SPRINGFIELD, OREGON 97477
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FAX: (503) 746-4109
TELEPHONE: (S03) 746-9621
January 29, 1990
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1 4 Main street
rinqfield, 0 n 97478
Dear Mrs. Matthews:
Thank you for your patience in this matter. I have talked with
Greg Mott, Development Code Administrator for the city of
Springfield regarding your inquiry. As you know, Greg Winterowd
resigned his position as Planning Director effective January 1,
1990. The position will not be filled until approximately April or
May of 1990. In the absence of Mr. winterowd or a Director of
Planning, Greg Mott would be responsible for responding to your
concerns.
In reviewing the file on this matter with Carol Denner,
Administrative Assistant for Mr. Winterowd, I found that a letter
was sent to you dated November 2, 1989. From our discussions, it
was my impression that you had not received a response from Mr.
Winterowd, so in the event that the post office failed to make
delivery, I am enclosing another copy of Mr. Winterowd's response
to you.
As Mr. winterowd notes, at the present time manufactured dwellings
are not allowed to locate on a permanent basis on individual lots
outside of specially designated subdivisions or parks (Article 16,
Residential Zoning Districts).
It is my opinion that you would not qualify for a variance because
the criteria for a variance are so difficult. I am enclosing for
your information a copy of Article 11, "Variances", from the
Springfield Development Code for your information. Your attention
is drawn to section 11.030 "Criteria" of the Code.
As Mr. winterowd
new legislation
dwellings.
noted House Bill #2863, copy attached, provided
wi th respect to the siting of manufactured
As you know Chapter 380, section 1, amended the definition of
"needed housing" to include mobile home parks and manufactured
homes on individual lots planned and zoned for single family
residential use that are in addition to lots within designated
manufactured home subdivisions.
Section 2 of Chapter 380 provides in Subsection 3 that when a need
..
Jean E. Matthews
January 29, 1990
Page 2
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has been shown for housing within an urban growth boundary at
particular price ranges and rent levels "needed housing" shall be
permitted in one or more zoning districts or in zones described by
some comprehensive plans as overlay zones with sufficient buildable
land to satisfy that need.
section 3 of Chapter 380 provides that the provisions of ORS
197.303 (1) (d) adding manufactured homes on individual lots to
"needed housing" apply on January 1, 1991, or a jurisdiction's next
periodic review, whichever comes first.
It is my understanding that the city of Springfield Planning
Department will betaking action within the next year to comply
with requirements of Chapter 380. Given the present workload of
the Planning Department including the implementation of a number of
other requirements imposed by the 1989 legislature and a number of
refinement plans, and work requested by both the Planning
Commission and city Council, I do not anticipate that this is a
matter which will be addressed until summer or fall, 1990.
Knowing your interest in this matter, however, I am sending a copy
of this letter to Mr. Mott so that your name may be included among
those first contacted for public comment and suggestions on any
plan promulgated by the city of Springfield to conform with the
requirements of Chapter JBO.
Thank you for your attention to this matter.
Sincerely,
HARMS, HAROLD & LEAHY
Joseph J. Leahy
JJL:slc
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cc:~g
Mike
Mott, Development Code Administrator
KellYr city Manager w/Encl.
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. OREGON LAWS 1989
CHAPTER 380
AN ACT
1111 1S63
Rebting to manufactured housing; creating new
provisions; and amending ORS 197.303 and
197.307.
ne It Enacted by the People of the State of
O,'egon:
SECTION I. ORS 197.303 is amended to read:
197.303. (1) As used in ORS 197.307, until the
boginning of the first periodic review of a local gov-
ernment's acknowledged comprehensive plan.
~nc{'dcd housing" menns housing types determined
to nleet the need shown for housing within an urban
growth boundary at particular price I';;lngcs and rent
levels. On al)d after the beginning of the first peri-
odic review of n local government's acknowledged
comprehensive plan, unccdcd housing" also means:
(a) Housing that includes, but is not limited to.
attached and detached single.family housing and
multiple family housing for both owner and renter
Occllp:.i.ncy; [and manufactured homes; and}
(b) Government assisted housing; [. J
(c) Mobile home parks as I,,'ovided In OilS
197,,175 to 197.~90; and
(d) ManufactUl'ed homes on individual lots
planncd and zoned for single-family t'esidential
use that are in addition to lots within designated
manufactured home subdivisions.
(2) [Paragraph) Paragraphs (a) and (d) of sub-
section (1) of this section shall not apply to:
(a) A city with a population of less than 2,500.
(b) A county with a population of less than
15,000.
(3) A local government may take an exception to
subsection (1) of this section in the same manner
that an exception may be tuken under the goals.
,
SECTION 2. ORS 197.307 is amended to read:
197.307. (1) The availability of alTordable, decent,
safe and sanitary housing opportunities for persons
of lower, middle and fixed income is a matter of
. state-wide concern.
(2) Many persons of lower, middle and fixed in.
come depend on government assisted housing as a
source of alTordable decent, safe and sanitary llOus-
mg.
(3) When a need has been shown for housing
within an urban growth boundary nt particular price
ranges aJld rent levels, needed housing shall be per-
mitted in [a zone or zones] one or more zoning
districts 0.' in zones described by some comprc.
hensive plans as oveday zones .with sufficient
buildable. land to satisfy that need. .
(oj) Subsection (3) of this section shall not be
construed as an infringement on a local govern-
ment's prerogative to:
(u) Set nppl'Ovul standurds under which n partic-
ular housing type is permitted outright;
(b) Impose speciul conditions upon approval of a
specific development proposal; or
Chup. 380
(e) Establish approval procedures.
(5) In the areas identified by the needs anal-
ysis eonductcd under subsection (3) of this sec-
tion, a jurisdiction may adopt any or all of the
following placement standards, or any less re-
strictive standard, for the approval of manufac-
tured homes located outside mobile home parks:
(a) The manufactured home shall be multi-
sectional and inclose a space of not less than
1,000 square feet.
(b) The manufactured home shall be plneed
on an excavated and baek-lillcd foun.lation and
inclosed at the perimeter such that the manu-
faetut'ed home is located not mOl'C than 12
inches above gradc.
(c) The manufactured home shall have a
pitched roof, except that no standard shall re-
quire a slope of grcater than a nominal three
feet in height for each 12 feet in width.
(d) The manufactured home shall have cxte-
rioI' siding and roofing which in color, material
and appearance is similar" to the exterior siding
and roofing matcrihl commonly used on resi-
dential dwellings within the community or
which is comparable to the predominant mate-
rials uscd on .surrounding dwellings as deter-
mined by the local permit approval authority.
(c) The manufactured home shall be eertilied
by the manufacturer to have an exterior ther-
mal envelope meeting performance standards
which reduce levels equivalent to the perfot"m-
ance standards required of single-family
dwellings constructed under the state building
code as dclined in ORS ~55.010_
(I) The manufactured home shall have a ga-
rage or carport constructed of like materials. A
jurisdiction may require an attached or de-
tached garage in lieu of a call1ort where such is
consistent with the predominant construction
of immediately surrounding dwellings. '
(g) In addition to the provisions in para-
graphs (a) to (I) of this subsection, a city or
county may subject a manufactured home and
the lot upon which it is sited to any develop-
ment standard, architectural requirement and
minimum size requirement to which a conven-
tional single-family residential dwelling on the
same lot would be subject.
[151} (6) Any approval standards, special condi-
tions and the procedures for approval adopted by a
local government shall be clear and objective and
shall not have the elTect, either in themselves or
cumulatively, of disc.ouroging needcd housing
through unrcasonable cost or deloy.
SECTION 3. Notwithstanding the prOVISIOns of
ORS 197.303 (1) relating to periodic review, the re-
quirements of ORS 197.303 (1)(d) appl)' on January
1. 1991, or n jurisdiction's next pcriodic revicw,
whichever comes first.
AI'\Irm"Cll hy the (;u\,('rllor .June IR. IDS!)
Filed in the orricc or Secrctmy or Stelle .June 20, )989
543
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C.'I ARTICLE 11
VARIANCES
11.010 GENERAL.
It is the intent of this Article that a Variance may be granted when the
strict application of certain provisions of this Code create a hardship caused
by unusual circumstances related to a specific property or structure.
However, it should be noted that a Variance does not include use exceptions,
i.e., a Variance .cannot be used in lieu of a Zone Change. In addition, a
Variance shall not be used in such a way as to allow non-compliance with
adopted Fire and Life Safety Codes. Interpretations of construction standards
or Fire and Life Safety standards shall be heard by the Building Board of
Appeals as specified in Chapter I of the Springfield Code. Finally, the
criteria in Section 11.030 of this Article make it. clear that financial
limitations or self imposed hardships shall not be used to justify a Variance.
11. 020 REVIEIl.
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(1) A Type II procedure may be used to process a Minor Variance
request involving up to a 20 percent .reduction or increase of the
numeric provisions of this Code. Examples of Minor Variances
include but are not limited to setbacks, building height and lot
dimension standards. The Director may request that a Minor
Variance normally processed under a Type II procedure be heard by
the Planning Commission, if it is determined that the proposed
Variance has significant neighborhood impact.
(2) A Type III procedure shall be used to process a Major Variance
request. All requests not considered a Minor Variance shall be
processed as a Major Variance.
(3) A complete application together will all required materials shall
be accepted by the Director prior to the review of the request as
specified in Section 3.050, Application Submittal.
11.030 CRITERIA.
(1) Except as specified in Subsection (2) of this Section; a Major
Variance may be granted only if the proposal is determined by the
Approval Authority to meet each of the following criteria. A
Minor Variance may be grantea--if the Director determines that
criteria (b) through (e) of this Subsection have been met.
(a) There are unusual conditions associated with the property or
structure which make it impractical to use the development
area for its intended purpose under this Code.
11-1
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(b) Granting of the Variance would not be inconsistent with the
Metro Plan and this Code.
....
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(c) Granting of the Variance would have no significant adverse
affects on the public welfare or neighboring properties, and
there are provisions to mitigate those adverse affects which
shall be a condition of use.
(d) The need for the Variance has not arisen solely from a
previous Code violation, and the hardship is not
self-imposed.
(e) There are no other practical alternatives available that
better meet the provisions of this Code or.the Metro Plan.
(2) In lieu of the Variance criteria specified in Subsection (1) of
this Section, Variances from the standards of Article 27, FP
Floodplain Overlay District, shall meet the criteria listed in
" Section 27.060 of this Code.
11.040 CONDITIONS OF APPROVAL.
The Approval Authority may attach conditions as may be reasonably necessary to
minimize negative impacts in accordance with this Code and the policies of the
Metro Plan and to ensure that any proposed development can fully meet the
criteria of Section 11.030 of this Article.
(Ord. 5407 10/19/87): Section 11.030.
11-2
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Jean E. Matthews
7114 Main street
Springfield, OR 97478
October 2, 1989
Greg Winterowd
Land Use Development
City of Springfield
225 North 5th
Springfield, OR 97477
-'Dear Mr.' Winterowd:
This letter follws our conversation of yesterday. I am
sending this letter to request that you consider our property at
7108 Main street, Lot 31, Francisco park, as a site for our
having a manufactured home placed. I am using House Bill #2863,
the infill bill, as a basis for this request.
My husband and I feel tnat the placement of a mobile home on
our lot would be an asset to the area on this east end of Main
street, as there are more rundown and neglected homes in this
area than well kept ones. We would put a double wide,
approximately 1,800 square foot home, having a slant roof and
wooden siding, as to blend with the new homes being built to the
north of us.
Because of C C & R's, our building width is limited to 41
feet, which would more readily accommodate a manufactured home
rather than a narrow frame home. Also, it is very difficult to
find a house plan to' fit and look well on this lot~
We would sincerely appreciate your consideration in this
matter. If there is any possibility of doing this sooner than
January 1, 1991, that would be much better for us. If there is
anything we can do to facilitate our getting a permit to do so,
please inform us. Thank you.
Sincerely,
Jean E. Matthews
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November 2, 1989
Jean E. Matthews
7114 Main Street
~pringfie1d, OR 97478
Dear Mrs. Matthews,
.'.....
Thanks for your 1 etter of October 2, request i ng i nformat i on on the
potential to place a manufactured dwelling on Lot 31 of Francisco Park, located
at 7108 Main. In a phone conversation, you had requested clarification about
easements affecting Francisco Park. I apologize for the delay in getting back
to you; 1 believe that Carol Denner explained that Greg Mott, who was to have
written this letter, injured his back and has been out of the office.
As we discussed on the telephone, the Springfield Development Code (Article
36, Mobile Home Standards) permits manufactured dwellings to locate in either
manufactured home subdivisions or mobile home parks. Manufactured dwellings are
not allowed to locate on a permanent basis on individual lots outside of
specially designated subdivisions or parks (Article 16, Residential Zoning
Districts).
This year, the Oregon Legislature passed House Bill 2863. This law
requires local governments--by January 1, 1991--to provide for siting of
manufactured dwell ings on a 1 imited basis outside of mobile home parks and
subdivisions. Springfield fully intends to comply with this law. Our intent
is to work with the City of Eugene to address the "need" for manufactured
dwelling infi11 as well as other forms of affordable housing.
Your lot has the ootentia1 to be a site for an individual manufactured
dwelling as part of this regional process. However, before the City approves
any individual lots for infi11, there will be public hearings and the Planning
Commission and City Council will hear from neighboring residents as well as those
who would like to site a'manufactured dwelling.
As requested, I have also researched easements that affect Tax Lot 3800
Assessor's Map #17023531 (a.k.a. Lot 31 Francisco Park). According to our
engineering records, there is a five-foot public utility easement (PUE) on the
north, west and east property lines, and a seven-foot PUE on the south property
line. The subdivision final plat and the tax assessor's map show a 20-foot trunk
sewer easement (TSE 38) over lots 32, 33, and 34--but not Lot 31 of Francisco
Park.
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Page 2
Jean E. Matthews
November 2, 1989
What this means is that you are only minimally constrained by public
easements insofar as building is concerned.
In the meantime, you have been put on our notification list for when we
implement our manufactured dwelling infill program.
Again, sorry for the delay. I appreciate your patience.
further information, please contact either Greg Mott,
Administrator, or myself at 726-3759.
I f you need any
Development Code
Sincerely,
Greg Winterowd
Development Services Director