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HomeMy WebLinkAboutOccupancy Notice 1995-3-6 --.. ~ . . CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT NOTICE OF DECISION HOME OCCUPATION DATE OF NOTICE: March 6, 1995 JOURNAL NUMBER: 95-02-26 APPLICANT: Paola DeAquiar 2278 Debra Drive Springfield, OR 97477 OWNER: Same REQUEST: A Home Occupation Permit for a wholesale distribution business. DECISION: Approval as specified in the attached Findings. OTHER USES AUTHORIZED BY THE DECISION: None. SITE INFORMATION: The property is located at 2278 Debra Drive, and is also described as tax lot 2100 on Lane County Tax Assessor's Map 17-03-26-11. The property is zoned and designated Low Density Residential. WRITTEN COMMENTS: This application requires the notification of property owners/occupants within 300 feet of the proposed home occupation allowing for a 14 day comment period prior to the staff decision. The following person submitted written comments directed toward this application, Geneva Jolley, 2243 Debra Drive, stated: "...1 am very much opposed to this - Debra Drive has a lot of traffic feeding into Lawnridge and Rambling Dr., the street is narrow, many cars and tow trucks are parked at all times. There is much congestion many times of the day. We do not need a wholesale distribution here." Staff response to Geneva Jolly: The proposed business will not create any additional traffic or increased parking. Ms. De Aguiar will use her shed to sort materials that she transports herself. There will be no customers at the residence. Her materials will be sold from a shop in another location. REVIEW STANDARDS: The application has been APPROVED based on conformance with Section 16.100(6) of the Springfield Development Code which states: A horne occupation is a lawful activity carried on within a dwelling by a member or members of the . . family who occupy the dwelling. A home occupation may be approved provided that: A. The primary use of the building is a dwelling. The building is a home located in a residential area and is used primarily as a residence. B. The occupation is a secondary use that does not significantly affect the character of the dwelling or neighborhood. The existing shed will be used to sort and organize jewelry, gems and crystals. There will be no change in the external appearance of the building. The character of the dwelling and neighborhood will not be affected. C. COMPLIANCE WITH THE FOLLOWING CONDITIONS SHALL OCCUR AT ALL TIMES: 1. Reserved for future use. 2. There shall be no display which would indicate from the exterior that the building is being used for any purpose other than a residential dwelling. There is no exterior display based on a site visit on February 10. 3. There shall be no outside storage of materials visible from public property or adjacent private property. There is no outside storage of materials based on a site visit on February 10. 4. Mechanical equipment, except that which is compatible with residential purposes, shall be prohibited. No incompatible mechanical equipment is proposed to be used. 5. There shall be no offensive noise, vibration, smoke, dust, odors, heat or glare noticeable at or beyond the property line resulting from the home occupation. None of the above will result from the home occupation. 6. The home occupation shall not create hazardous traffic conditions or utilize on-street parking of nearby properties. All materials will be transported to and from the house in the applicant's personal vehicle_ No merchandise is proposed to be sold from the house. No hazardous traffic conditions will be created and no on-street parking of nearby properties will be utilized. I. If the proposed home occupation requires any modification to the dwelling or accessory structure of a nature that is not typically found in a residential district, the proposed home occupation shall be considered inappropriate and prohibited. No exterior modification to the dwelling or accessory structure is proposed, 8. No merchandise, other than what is produced on-site shall be sold to the public from the premises. No merchandise will be sold from the premises. . . 9. The use or storage of heavy equipment or heavy trucks shall not be permitted. Heavy equipment and heavy vehicles shall include, but not be limited to the use of: semi-trucks, trucks and tractors, back hoes, bob cats, refrigerator trucks, livestock trucks, commercial buses, farm tractors, garbage trucks and log trucks. There is no use or storage of heavy equipment or heavy trucks proposed. 10. Any home occupation which requires more than one vehicle for its operation shall be prohibited. The one vehicle permdtted shall be limited to passenger vehicles, passenger vans or pick-up trucks. One personal vehicle is proposed for this business. 11. No residence shall be used as a headquarters or dispatch center where employees or subcontractors report to the residence to be dispatched elsewhere. There are no subcontractors and no employees other than the applicant. 12. The applicant shall sign this agreement with the City acknowledging these conditions deemed necessary to achieve compliance. The applicant has signed an agreement consenting to abide by the criteria listed above at all times. 13. Customer access to home occupations shall be limited to the hours of 7 a.m. to 6 p.m. No customer access is proposed. Revocation Procedures: E. Any home occupation which has been approved by staff shall be subject to revocation by staff if the home occupation is found to be in violation of the conditions under which the home occupation was approved. The revocation decision may be appealed to the Planning Commission in accordance with the provisions of Article 15 of this code. Any home occupation which has been approved by the Planning Commission shall be subject to revocation by the Planning Commission if the home occupation is found to be in violation of the conditions under which the home occupation permit was approved. The revocation decision may be appealed to the City Council in accordance with the provisions of Article 15 of this code. The revocation shall be sent to the applicant in writing. The home occupation shall cease within 30 days of the receipt of the revocation notice. The applicant will be subject to the revocation procedures listed above if the applicant fails to abide by the conditions listed in 16.100 (6) (c) . ADDITIONAL INFORMATION: The application, all documents and evidence relied upon by the applicant and the applicable criteria are available for a free inspection and copies will be available at a cost of $0.75 for the first page and $0.25 for each additional . . page at the Development Services Department, 225 5th Street, Springfield, Oregon. APPEAL: If you wish to appeal this Type II Home Occupation Review decision, you must do so within 10 days of the mailin~ date of this letter. The appeal must be in accordance with the Sprlngtleld Development Code, Artlcle 15, APPEALS. Note: Appeals must be submitted on a City form and a fee of $100.00 must be paid to the City at the time of submittal. The fee will be returned to the appellant if the Planning Commission approves the appeal application. Sincerely, ~~" ' ~ Sarah Summers Planner I