HomeMy WebLinkAboutMiscellaneous Correspondence 1987-4-3
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SPRINGFIELD
CITY OF SPRINGFIELD
Planning Department
April 3, 1987
Bill Kloos
Johnson & Kloos
767 Villamette Street
Sui-te'-203,-------
Eugene Oregon 97401
Subject: Interpretation of Section 5.020 (1) Expansion of non-conforming use.
Dear Bill:
I have reviewed your Request for Interpretation pursuant to the provisions of the
Springfield Development Code (SDC) Section 4.030 (1-6) and Section 5.040. Based
on my review of the applicable criteria, I have found that the proposed addition
to the mausoleum at Springfield Memorial Gardens does constitute an increased
impac t.
CRITERIA
(1) Compliance with the Metro Plan text and diagram;
The current residential zoning of Springfield Memorial Gardens does not
comply with the Metro Plan designation of Park and Open Space. Cemeteries
are not a permitted use in residential districts. The SDC has a zoning
classification (PLO) that conforms to the Plan diagram and allows cemeteries
as a Discretionary Use. Utilization of the Non-conforming Use provisions of
the SDC when other corrective measures are available, e.g., rezoning, is not
consistent with the Plan text or diagram.
(2) The purpose and intent of the particular Section of the Code in question;
The purpose and intent of Article 5 is, to allow lawfully established uses to
continuelexpand where current provisions of the SDC prohibit, regulate or
restrict these uses. The LDR District prohibits this use. The PLO District,
which is the zoning classification that correctly corresponds to the Metro
Plan designation for this property, permits this use.
(3) The definitions contained in Article 2, of this Code;
The definition of an increase in impactlincreased impact reads as follows:
"Additional traffic or noise generation, additional run-off or increase in
impervious surface, additional shadow casting or diminished views, additional
air or water borne pollution, addi tional hours of operation, or an; increase
in the risk of fire or structural hazard as the result of development."
Increasing the square footage of the mausoleum ground area increases the area
of impervious surface from building construction and additional required
parking area.
225 North 5th Street . Springfield, Oregon 97477 · 503/726,3759
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(4) The opinion of the City Attorney;
The City Attorney concurs with this interpretation.
This interpretation may be appealed pursuant to the provisions of Article
the SOC. The appeal must be filed within ten (10) days of this decision.
enclosed an Appeal Application for your convenience.
Cordially,
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Gregory S. Mott
Development Code Administrator
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