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Home My WebLink AboutMiscellaneous Correspondence 1988-11-22 f/ -J. .. . . ~ta~~1iiJ III-J;'n J ,-0 G~ l63l-B, E. Grand Avenue Escondido, California 92027 November 19, 1988 Dear Mr.:winteroud: ~~\~p 'l~- Subject: Zoning of property ~05 M~ Springfield The zoning is Community-Commercial. The building is not entirely residential. The zoning has many restrictions on the rental of our shop area. This building was built in 1974. In 1982 we completely fire- proofed the shop with 3 hour fire walls; all passed by the city of Springfield. This building has never been abandoned in any way. We have a management company, JLT Investment Service, 975 Willigillespie Rd., Suite 201, Eugene,.phone 485-6606. Ask for Mary Jeanne. The property is clean and kept ;'p at all times. ' Also, Iva Ross, Brockett Real Estate, Inc., has it listed for sale. Her phone: 485-1400. Enclosed is a flyer. It shows the different addresses, which are Four (4), and the sizes and locations of each. We never received a letter in regard to a zone change. Also, we pay Bancroft and they reach us all the time. We have owned property in Springfield since 1965. We have paid taxes and continue to.pay taxes and Bancroft. In order to pay these ex- penses we must keep the building rented. Please send us a status report. Enclosed is a stamped, self- addressed envelope. Thank you. Yours truly, 4~L~"A~ Harold L. Davis ~;JZ~ Encl: 2 / .} - '.: . . INCOME PROPERTY ~ ct.O ~t.OU 3505A, 3505B, 3511, 3515 MAIN OWNER WILL CARRY WITH $10,000 DOWN 40.5X30 SHOP W /HALF BATH AND OFFICE - 2 RM. OFFICE SUITE W /HALF BATH & lGE STORAGE RM. 2 1BEDROOM APTS. W / LGE. L.R.,D.R.,& SPACIOUS KIT. , & FULL BATH, APPROX. 900 SQ. FT. EACH. .' ~. i~~ OfJ~ . {s I' ~\ tJ1 ~flOO~, A4d 3505 nA.1N PI~~ Clly SPFLD Zip 97..78 ....I1rI. P9A . ,7-J:-S::- it5522-C TypeP,ep RENTALS LnII, -4 - "'us i'UmeP'Dp POll COE,NEG Owner H.l. .. J.A. DAVIS Ph .. Own AddCLO 6rk ld 105 pnywlIIJLT lNV,SERVICE lho.,..n T,APPT.CLO Wgr Ad 975 WIlLMiILLESPIE ,Ph "85-6600 BROCKETT I. ROSS -, ..e5-1"00 I.m'~' Ph ..R-.. fU;;s' t:.-.S",WI'U LNi\.ILJ...:RF. lrnlXS-au,Di-::'U JoHn.. HJHE: FEDI;RAL l....nE.c' ht$ 16.700 Pml' 398 PIT ,'0,00" SIgn 2nd$ Pml' Ii .00" 2ndlrodr, _' 1.....cel' Tulot' 170231"205001 Ap.1au"S 2582 e....."ly$ 68,300 LIFI Grkld 10,"0. WonOown$ 10,000 EllbpS3, 31 "'p" II s. 91X66 Ap" Lt SqI'l AD" Acrn .00 LCOoIIOelC: Z_CC ''''''r,' . .,..J!/, Rmh "1'\'11 NJI J.foA:L J.N t.}\t',t.::':1.1~1 tLI( ltulr.SU 2 BAV SHO ~ITH 1/2 BATH.. OfC,2 ~ STORE WITH 1/2 BATH.. STRG,2ND FLR,TWO 1 BE,1 BATH APTS, =~~ n~ 1'& l';I n TO 29-JUt-t:ltl ,4 ", It ~j..e. /l$~1).'13 /11. .,.h Ill' ~ 11 O/" ~~(b .?tlD ,,~ {~jee, m ~l""l(,ij BROCI\t:1 r REAL ESTATE, INC. IVA ROSS SALESPERSON II S OAKWAY MAll, IilIGE..'1E, OREGON 97~0I RES: 747,1069 503/485-1400 6"0,1 ~.L.O.$ erl if~" iJJ ~~ , \' r\~ 1't'1 ' ~ '" , " " ~ ," ~ ~ \g , ~ " . - \. , " ,. ~,:.. . /li.t $eAS?t-/Je/lle/l/Ts ;rfR.OX I~/Jte I ~ r.(,fJO/G II~ , , :3" ~ ,,'f ~t l' ~ ~' ~ '.\: 1/ ' I\. h .,., \l) ,"" 1/'8" ~ ~ I' S'SII ~ ~ , ~ ~ ~ " ~ Ib' 6" ~ oFFlGe ~ , ~ , II~ '1'3"1 3S'05.8 (sr,R.e M.. bFF/(l) 30'/tJ'/ .350.~ 11 (.shOf-~bh'fS) nor/l" I'" 1")- .~~ II . ~ I ,,'i- 9' q''7 i/'l f-D " . ..j1rJq I,' '?l ~I i- V ,II :) ~d F~c>o..e.., \1e- ~ f# f ftJi . .d~ rl 11,1'0., ~ fjlth I3f1rr\ KI'(,'/ ,/ '~iI".' ,-;./1 / ,I f.. ul,/,J~1 }J.;ty J I . ,,00.. I u',. /' C/OOStrr 1- - 9()() 1,rt" , ((.lJJo/I'J , (fl . "1 1",'1 l oIl,OO I ,I I./V/. 1t,.;J , ~e.J '~-L I:J- q f'J (11. 'q'l' ,I ' , Oooll1 . ", II PINIJJlj I" , I "fy.. , 1) JtoDp'I. ~'I ee, {q~ 11- " .' :3SIS'm,9iA./ ..35//',/ mA/,nr j.,t ~_, ~ ~- ~~A;: 'SI!NOER!""'Cb'mplete Items 1 and 2 when additional servlcll' are desired, and complete items 3 -II. el.~ -address In th~ "RETU ~N'>TO" Space on the reverse 5lde. Failure to do this will prevent this C8 om being returned to~_Ih.. r'!tlJJn_r~AtD.1. foe Y'!fll_QUlvl';!g you 'thJ" nllmA_qf The P.."l"!.2.!l ~a.1 J..o.. '1FJ<1. !tlg FJI",_of sIAHvR~. For additional fe81 the following services are available. Consult pOSlPfl...ter for fOOl and check bax(es) for additional lorl/lea(s) requested. 1. 'LJ'Show to whom delivered, date, and addressee's address. 2. 0 Restricted Detlvery t(Extra charge)t t(Exrra charge)t 3. Article Addressed to: 4. Article Number Mr. Kenneth Myers 211 Citrus #120 .. Type of Service: o Registered 0 Insured Escondi do, CA 92027 :g Certified D COO o Express Mail . . . ^_ o~,,_._ 0'.__ ) ~ or agent and DATE DELIVERED. e- resse Z~/ ~.~. ressee'sAddress(ONLYi[ ~//P-4-.t~ ~ ~r "'Ill red and fe< paid) eMe - Agen' ( I (, if c9~ ~ I~(~f~~ '" ~. Date of Delivery \~ ~, ......r)' '( L ..~ ~ U\~ PS n 3811, Mat, 1987 * U,S,G,P,O,'.e7.17"'_______ OOMESTlC RETURN RECEIPT P 716 420 188 x - UNITEO STATES PO ~rs~ <:> ~ , OFFICIAL _INlfIfL '" SENDER INS CTION:j- ( Print your name, dreW, tiDW 21 Code in the space bel . J.() an. . Complete items 1.. ~1P1CI on the reverse. I . Attach to front of article if spaCfdi '\ permits, otherwise affix to bee"" ~ of article. . Endorse article "Return Receipt Requested" adjacent to number. RETURN TO f~: r:~~v ;::. THE: ,'IIIlIY '-""',&,. HOBBY ~ ~ ~ \._:::r~ U.S.":AIL \.... &", PENALTY FOR PRIVATE USE, S300 .. Print Sender's name, address. and ZIP Code in the space below. - '=-v--~ ~~~-'-"-'-C"FI":I l"\ ~II' '_of, :.J l.,~_ _.......- PL.f.':NIN0 "I"P,d,RTMENT 225 NORTH 5th SIRttl C:DDINr.FIFI n OREGON W477 . AcId. . . SPRINGFIELD DEVELOPMENT SERVICES ADMINISTRATION PLANNiNG I BUILDING PUBLIC WORKS METROPOLITAN VI'ASTEWATER MANAGEMENT 225 FiFTH STREE T SPRINGFIELD. OR 97477 (503) 726.3753 November 29, 1988 Mr. Harold Davis Mrs. Joyce Davis 1631-8 E. Grand Avenue ESCOndidO, California 92027 Subject: Zoning of property at 3505 'lain Street Dear Mr. and Mrs. Davis: I was somewhat surprised to receive your letter since I had just written to another individual (in your town no less) responding to the same inquiry about the same property. I was under the impression that this individual was the sole owner of the property in question. I apologize if my misunderstanding has caused you any concern. The two story building on tax lot 05001, Assessor's Map 17-02-31-42, is zoned Community Commercial (CC). The recent Mid-Springfield Refinement Plan (adopted in July 1986 and amenaea in March 1987) maintained this commercial zoning and plan designation. The two lots immediately south of this builaing, inclUding the building that appears to be attached to yours, were designated and rezoned Medium Density Resiaential (MDR). My first letter concerning this property discussed the circumstances which led to this property being rezoned to MDR. The letter went on to say that the City would amend the refinement plan and rezone these properties CC. You did not receive a letter during the refinement plan process, informing you of any proposed changes to your property's zoning classification, because no changes were made. However, you should be aware that residential use is not permitted in CC districts unless specifically permitted by a refinement plan designation of mixed use. The Mid-Springfield Refinement Plan has no such designation.' Residential use of your building is considered a pre-existing non-conforming use. As such, continued residential use of your building is subject to Article 5 of the Springfield Development COde, which I have enclosed for your information. If you have any further questions concerning this matter, or if I can provided aaditional zoning information, please contact me at your ~onvenience. Coraiall~ ~.~,~ Gregory S. Mott Development COde Administrator cc: Greg Winterowd, Planning & Building Director Joe Leahy, Assistant City Attorney enc. . . G-A -- /-=-l/J: Af1C',)cz&..c.,S _#~ '"'" m"'-'~~..~~ J""::I" ',:", """~,. r, , .......".., 'J I .....--........ . -. J~ 11- )J-j~ I.~ 1631-B, E. Grand Avenue Escondido, California 92027 November 19, 1988 Dear Mr. winteroud: * ~? Subject: Zoning of proper~3505 ringfield The zoning is Community-Commercial. The bU1 1ng is not entirely residential. The zoning has many restrictions on the rental of our shop area.. This building was built in 1974. In 1982 we completely fire- proofed the shop with 3 hour fire walls; all passed by the city of Springfield. This building has never been abandoned in any way. We have a management company, JLT Investment Service, 975 Willigillespie Rd., Suite 201, Eugene, phone 485-6606. Ask for Mary Jeanne. The property is clean and kept up at, all times. Also, Iva Ross, Brockett Real Estate, Inc., has it listed for sale. Her phone: 485-1400. Enclosed is a flyer. It shows the different addresses, which are Four (4), and the sizes and locations of each. We never received a letter in regard to a zone change. Also, we pay Bancroft and they reach us all the time. We have owned property in Springfield since 1965. We have paid taxes and continue to pay taxes and Bancroft. In order to pay these ex- penses we must keep the building rented. Please send us a status report. Enclosed is a stamped, self- addressed envelope. Thank you. Yours truly, #~L~JA~ Harold L. Davis (2~AU/ a,~ Jp'ce f. Davis Encl: 2 r ;'-, ." ....'.._" : ~ ......: ~ '-' ~ .' '.. . .;.... ~" ':, "I~ ~OM~,~~ k6PE\'fV:::,i,: : C~O ~\:.\)u 3505A, 35058, 3511, 3515 MAIN OWNER WILL CARRY WITH $10,000 DOWN 40.5X30 SHOP W /HALF BATH AND OFFICE I I , - 2 RM. OFFICE SUITE W /HALF BATH & LGE STORAGE RM. 2 1BEDROOM APTS. W / LGE. L.R.,D.R.,& SPACIOUS KIT. , , , & FULL BATH, APPROX.900 SQ. FT. EACH. ~' iR~ ofi . {~ 1\ ~\ tJ1 1J; 000 ~. Add.3)fJ) ftAlN Plie~ . CIIySPfLD Zip 971t78 ....m. Pt" . ,'7-3:5= 1t5522-( T'(pePrcro RENTALS UnII, "4" "'us "'_Prop Pen, cx)[.NEG o...nerH.L." 1.1.. DAVIS PlI o...nAddClO ""Id S05 '.'yWgrJLT INV.SERVICE Shawn T.APPT.ClO "'''''''975 WILLMiILLESPIE I' . "'''85-6606 BROCKETT 1. ROSS . "85-1\00 hot'" .... u._ ::~l;~"r"mt;r.u:~.AftfI lOl.n[.c~,",X:O-OIU.IlI-oMI h'S 16.700 p"", 398 pn .SO.OO. Soon 2ndS PmtS . .00. 2ndLndr. ". T..ACd' Tn lot' 170231"205001 .,,,.Tau.S 2582 EqultyS 68,300 LIFI (;rkocS 10/320 : """Do....S 10 000 EIIEaflS3,..31 " . ....dlSZ 91X6S ....U'..II .....c.u ,00 LrlJl' Dele Z_ CC ...,,.,... '..,,\ Rrnl.1 LN f'nl NUl JNQ. l.N UI'.t.:'1.151 tLK 'lU)(,{U 2 BAY SHO WITH 1/2 BATH.. OfC.2 RH 5TORE WITH 1/2 BATH a STRe.2ND fLR:~ 1 BE.l BATH APTS. p.,o,..n. Wr. t:'.. r.I n "lD;l!!f-.,IU"-till .~~:~\:y." '~A'" c' I'.." :~,'1~::, '" i~", I't;-;'> ':"' ~J.~'~\)~\ " 0-':.<:, ~~.: Ii; '>,~ c.; \~' .~~:" ". ~ , . " ..,; rn .,........ BROCI\t:11 REAl. ES1ATE, INC. ,4 ",,,~~ /l$51}.//3 '* f. -rh pJ' ~ II oY fe,tb .PJ/D tI~ {fljee, IVA ROSS SALESPE RSON lIS OA~\l'AY MAU. IitIGf..NE, OREGON 97401 RES: 747,2069 503/485-1400 -~~!~;~7' ~:"-:\_"~:,:':;~}t;(:;/~t.v{I~[~~;lfk~~~7~~j~~i[~~~;-',:~... ~~~':.~.:-: " . ;: '. ;,'.'~'. .'.,1:-~_. '. . -...~'. ;~~,-;~._.:.~. .'_~ :': .~. .;~"?~:::{,.-_..~{ ::'.~::,-~_"~j\:;~:.~_':.~:..< :.l.'..:"'- ~~.., .,' \/LJlJ;~;Pj~";ISd".,eJ~eJrTs4 '1i~ '>:;eoYi'1,,;;te. .. / / .,,. )-: '" ..~., f/:2' r t'" .! ft . II '. '7/f~...., ...., ~~.,,;..,n_)-_,.7~~, ," .tl ,.. 1. ::-- ';> ,., ,... -', .- - ...._... ..'.,..."".....,~.._ _ ......"'t;:o:""".~.;,,~:;,\~ '"l''' . -, : . "..' -., ~-; " , "1;~{it"'~A'!;.\!':;.J?:@~"~~'~.}.'7P$":",,';".~._~..."- ..' "....::':<.'.''>- /iJ)- F,{,DOf(," :,,!!~Zr~~~-.:rl~";,~~~:<"~ >'(,f:-:: '~ : II' , ':', ~t r'4'::' ~" ,:., ....;.:.. ~'" L ii' ,.,:l!!fl '.. ' .., " , ,"" " "), '-r.., ,... ,_~,_ .::,.::: ,_:- _' .", :',' __, ' .. .' .,~ " \\oj .!.. -r < '" , - ,<'p'" ';';'>.;,~ ;~~8;' ~'~Js;;.'~:::"~:;':~':,;P:/'~,/,,;,;~:;~,:,:.<,.. '. .. ~ ' . ,,:,'.. :- , .. ," _._': "l. "", ~ '< ,,/-... , : :3&0 " ~ 'I It '-1 , .... .... :.: ~ 6"0" "" (!J.,,,$ er 1 if!;.' _. <u , "~ 0.. " \a , , 0...- ~~ '. ~ i)-. .... ~ ~ ," ti /~'''/I' \9 , ~ , ~ oFFlGe ,~ ~ , /I' 'II8"J 3SoS.8 (s-t1R.e M. 4FFttj) 3"'/"'/ ss''',5'' /1 (.shof-;J.b~lfS) :;) .~.l' r ~CJ" ,.e, ,- ;';'~C:,'f~':;1:j.'~ :i.' ":",'..:. ';:." :f~ :'" 'rc,;i.~ :-:L:.:> -'. RDo"!, f-D It, IIrl'~h~~ ~ 13flth K',1t-~~/,.p, '. ,." JlI~/~/y. /, .~i~~'iY: " I' - (,"'. "Ii-II"" . .. " ~ ~" Q' {, c?tIOSf.;;" .uij1~ ~/I.... "9dd1',er.'-- , ~ool"!, . J,r1~ [t.' '!l ].., j.. If! , J~oDp1 'l ~e- Iq"y.. I' I' ~ (T1 J~oD 'l A~, 11j-13- ~, q fJJJQtr1 . "a I II 1.1,,1 / /l, j ,.., (/1. :3S'IS- /??A'/A1 ..35//',/ mA/,nr .. . .. /1.:0(.)..... C::':'-ff;, - DEVELOPMENT SERVICES ADMlNIS TRAT/ON PLANNING / BUILDING PUBLIC WORKS METROPOLITAN WASTEWATER MANAGEMENT 225 FIFTH SiilEET SPRINGFIELD, OR 9~177 (503) 726,3753 November 3, 1988 Mr. Kenneth Myers 211 Ci trus /1120 Escondido, CA 92027 Subject: Zoning of property at, 3505 Main Street, Dear Mr. Myers: 'i: 101 and 151 South~Stre~t. Thank you for your letter of 10/23/88. I agree with much of what you said and can understand why you feel an error has been made. I can also understand, after reviewing our fi les and your property, why your zoning was changed when the Mid-Springfield Refinement Plan was adopted. There is no doubt that these buildings were designed with commercial uses in mind. It is also quite apparent that the upstairs portion of the larger building was intended for residential use. When the refinement plan was being prepared we relied on: 1) Assessor's information, which showed both commercial and residential uses for this property; 2)a field survey that substantially verified the Assessor's information; 3) surrounding land uses (your southern building abuts a cui-de-sac that is developed with multi-family units); and, 4) written notification to all property owners of any proposed re~zonings. The combination of these facts led to the recommendation for multi-family zoning for 101 and 151 South 35th Street. It's apparent to me that the evidence relied upon did not relate the whole story. For example, the southern building is exclusively commercial, the center building is commercial and residential and the northern building looks as if it may be entirely residential. We also assumed you were aware of the proposed zone change because the letters we sent to you (enclosed) \~re not returned by the post office. I don't mean this as an excuse, but only as an explanation of the events. ,We are just as anxious as you to resolve this matter. To that end, we wi 11 initiate a plan amendment/zone change (at no cost to you) so that you may retain commercial zoning on each of these parcels. However, commercial zoning on this property does not allow residential use. Continuation of residential use wi 11 be considered a lawful pre~existing, non-conforming use subject to discontinuation if: 1) the residential units are destroyed by fire in excess of 50% replacement cost; or, 2) the residential units are abandoned for more than 90 consecutive days. Please refer to Article 5, which you cited in your letter in reference to commercial activities, for more information. The commercial use' of your buildings is subject to our present code requi,'ement of site p~a~ rev5ew whenever a change in occupancy occurs. This requirement ensures that mInImum development standards (enclosed) have been satisfied, Once all required improvements are' installed, no further reviel'/ is necessary. . .. . I wi 11 send you noti ce. at the above address. of the ti me and place of the pub 1 i c hearing for this plan amendment/zone change. If you have any questions about the information in this letter, please contact me at your convenience. ~dial~'MV~ GVm ~ott , Development COde Administrator cc: Greg WinteroWd, Planning & Building Director Joe Leahy, Assistant City Attorney enc. ,. , .. '\ l' ... ,.) /,.', '\ !, l-~,.. ..... , .... ",...'\_0' p ~ ~':~V 'd~;/jlll ...J,.,...... I~ ( /l{, ,r'/l October 23. 1988 Mr. Greg Winterowd 225 North 5th Springfield. Oregon 97477 Dear Mr. Winterowd. Recently I entered into a lease agreement wherein a tenant would u~i 1 ize my commercial' bui Idings located 4fat 3505' Ma1:n. ~101 South'<:> 35th. and 151 South 35th. The tenant was 'refused a business 1 icense ' on the grounds that the building was in an area zoned for residential use. This effectively injures his ability to conduct business, and also causes a conflict with the previously approved property use. I believe that an administrative error has occurred as the facts of the zoning are inconsistent with the ruling. Please consider the following: 1. The July 1986 Mid-Springfield Refinement March 1987) depicts the affected property zoned for residential use. The buildinas olace for aooroximately 8 Years, Plan (amended as vacant and have been in II> The buildings went through plan check and zoning of the City of Springfield before they were constructed. III . The sidewalk areas now in the City of Springfield commercial buildings. place for are on property given to the right to build these IV. The street improvements were assessed and paid on the basis of commercial land Use. V. As a condition for erecting commercial buildings on 35th Street. a strip of the lot on Main Street whi~h faced 35th Street was deeded to the City of, Springfield. VI. The fire hydrant now in place on 35th Street was paid by the current landowner as p~rt of the conditions of building on the lots under commercial zoning (cost $5,000). It was originally to be on the property line between a lot on Main Street and the lot facing 35th Street. but was moved back to allow for more fire protection for the adjoining properties. VII. The three buildings on were all built by the center. the Southeast side of the Street same owner as a small Shopping VIII. The Criteria for Designating Commercial Land requires .,. , ", . x. .. .. the land to be within 200 feet of Main Street, which it does. Also, under the same criteria, para 2.b, the land is separated from the residential; para 2.c, the points of contact are well defined; para 2.e, the lots have always been of commercial use; and para 2.f, the property has a small scale shopping center on it now. Para 3 is also met 'and I ask for continuance of the commercial gesignation under para. 4. IX. These two commercial buildings are the only properties between 2Bth and 42nd Streets within 200 feet of Main Street which are not still under commercial zoning. I have been in California for four years and have never received notice of any pending or actual zoning changes. Had the notices in fact been sent and received by me.. I would have answered them. I believe that when such an event is planned, any notices are sent by certified mail. as the possibility of the owner not receiving the notic~ could be the loss of property use. XI. The segregation and rezoning of my property is inconsistent with the zoning of the area,specifically the moving ot'the residential zone into the commercial zone. As the property owner, I met all costs, requirements and conditions to qualify for the commercial buildings. I deeded land to the City; I paid for the fire protection, and improved the lots. The costs were substantial in property value transferred to the Ci ty. This change in zoning appears to be an error, and I request a record check be completed so my utilization of the property is not hindered. No notification of zoning change was ev~r received by me or any agent; the buildings have been in place for an extended period of time, and the result is inconsistent with condition for bui lding. The buildings were constructed under valid building permits (Article 5); they have been maintained (Article 5.030); and the property has never been abandoned. I request that the error be corrected so my use of the property can continue. Please evaluate the findings and I shall appreciate a prompt reply. ~~ Kenneth E. Meyers /.1.\ , M.t.\ K. E. /ol~ye.t.\ 2 II emu.. N J 20 ~coruUdo.C" qt~'l