HomeMy WebLinkAboutCorrespondence PWE 8/12/2010
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HOPKINS Steve
From:
Sent:
To:
Cc:
Subject:
Attachments:
DONOVAN James
Thursday, August 12, 2010 1 :30 PM
'Mary Bridget Smith'
HOPKINS Steve
FW: BJ Equipment
DRC2010-00025 BJ Equipment letter.docx
This just in.....and not copied to you,
JD
From: Bill Kloos [mailto:billkloos@landuseoregon,com]
Sent: Thursday, August 12, 2010 1: 16 PM
To: Steve Hopkins (Steve.HOPKlNS@co.lane.or.us)
Cc: DONOVAN James; Kris Jeremiah (kris@bjequipment.us); Bill Kloos; Brent McLean (mclean1031@aol.com); Bill
Newland
Subject: FW: BJ Equipment
Steve:
Thanks for your email and completeness review letter.
If I understand the key point of your letter, you are starting with the statement in the narrative that the use has ceased
at the site, you've determined that the nonconforming use has been abandoned, due to no use for six months, and
therefore, no change of use is possible; any new use needs to conform.
Our narrative was too casual about continuity of the use, as we were focused on the nature of the uses, not the
continuity of the uses.
Here are some more details on the business activity on the site in recent years:
. . Two separate companies have operated the use at the site since the 1960s. These are: (1) Reeds Fuel &
Trucking; and (2) Reed's Trucking, Inc.
. Reed's Fuel and Trucking vacated the premises in July of 2009, taking most ofthe trucks with them
. Reed's Trucking, Inc. has never had a break in occupancy. It has two trucks on site; it occupies the office full
time; it uses the shop and all the other facilities on the site. You can reach the owner by phone there, Gary
Reed, during normal business hours. The phone number is 743-8902
In summary, the use has shrunk greatly in the last year; but it has not ceased; it has not had a break in continuity of any
length, m'uch less a break of six months.
When we filed the narrative we were focused on the nature of the use, not its continuity. Based on your completeness
review letter, we understand that we need to demonstrate that there has been continuity of the use, without a six
month break. The owner, who signed the application, is assembling that detailed information, with the help of his
realtor, and we will get it to you shortly.
My final question is one of procedure. Since we have a Type 11 application pending, can we simply fold into it our
showing that the use has not been abandoned? Or does the city need a separate application?
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Finally, I am assuming that your completeness review letter is not a decision on the merits of anything, as it is a
completeness review letter and not a decision. If you intend it to be a final decision on the merits of anything
(notwithstanding being titled a "Completeness Review," please let me know and we can figure out the appropriate next
steps.
Thanks for your letter.
Bill Kloos
Law Office of Bill Kloos, PC
375 W. 4th Street, Suite 204
Eugene, OR 97401
Phone: (541) 343-8596
Fax: (541) 343-8702
e-mail: billkloos@landuseoreoon.com
Web www.LandUseOreoon.com
Please do not read, copy or disseminate this communication unless you are the intended addressee. This e-mail
communication may contain confidential andlor privileged information intended only for the addressee. If you have
received this e-mail in error, please call immediately at 541-343-8596. Also, please notify me bye-mail. Thank you.
From: HOPKINS Steve [mailto:shopkins@ci.springfield.or.us]
Sent: Thursday, August 12, 2010 10:41 AM
To: Bill Kloos
Cc: DONOVAN James; 'Mary Bridget Smith'; GRILE Bill
Subject: BJ Equipment
Bill,
Attached is the completeness letter for BJ equipment. A hard copy is in the mail. In summary, it states the previous use
was nonconforming but has been abandoned. Any subsequent use must comply with the SDC which requires paving the
parking area. The amount of paving triggers the need for a Site Plan. This site is within the Drinking Water Protection
Overlay so a DWP application is required as well.
If you have any questions, contact me before Monday. After that, you will have to speak with Jim. I'm going to wine
country for a two week vacation. Jim is familiar with the details of this application imd can answer any questions
regarding my research and the determination of a nonconforming use. Before I leave, I'll make sure the MDS file
contains copies of the historical permits and other information referenced in the letter regarding the nonconforming use
determination.
Steve Hopkins, AICP
Planner /I
Urban Planning Division,
Development Services Dept.
City of Springfield
541-726-3649
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