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HomeMy WebLinkAboutNotice PLANNER 9/23/2010 . . , ~ . RECEIVED AFFIDAVIT OF SERVICE SEP 2 3 2010 By: N11io f/JJ !Ju~~ J Df 13~ STATE OF OREGON) )ss. County of Lane ) I, Karen LaFleur, being first duly sworn, do hereby depose and say as follows: 1. I state that I am a Program Technician for the Planning Division of the Development Services Department, City of Springfield, Oregon. 2. I state that in my capacity as, Program Tec.hnician, I prepare~'ld...caused to be mailed copies of Dft' 1..010 -OO/).;L{ iliFttn /1; tJpn.A/..M ,- Cb N ~ (See attachment "A") on 'j/Z 3 .2010 addressed to (see Dor-~ Attachment B"), by causing said 'letters to be placed in a U.S. mail box with postage fully prepaid thereon. ;ft..H:&u0aJ~ STATE OF OREGON, County of Lane ~ :;2q. 2010. Personally appeared the above named Karen LaFleur, prog am Techmclan, who acknowledged the foregoing. Instrument to be their voluntary act Before me: . QFFICIALSEAl. DEVETTE KELl. Y . ',: NOTARY PUBLIC. OREGON .. COMMISSION NO. 420361 MY COMMISSION eXPIRES AUG, 16, 2011 )Yyctt-;k;'jJjJ r My Commission Expires: <6//S/I/ I . Date Received:~ Planner: LM . . TYPE I TENTATIVE MINIMUM DEVELOPMENT STANDARDS, STAFF REPORT & DECISION Project Name: Storage Building Nature of Application: Addition of a 504 square foot building with an attached 200 square foot modified shipping container used as a shed. The building is to be used as storage for the primary use on site. This proposal includes paving a gravel parking area of9,300 square feet. This application is being reviewed concurrently with Minimum Development Standards application DRC2010-0020 which is a change of use of the existing structure on site to used car sales (which shares the parking lot and bioswale on the same parcel). . Case Number: DRC201O-00021 Project Location: 1415 Mississippi Ave., Eugene, OR, Map and Tax Lot 1703344309300 Current Site Conditions: This site is located in Glenwood, at the south east corner of Franklin Boulevard and Mississippi Avenue. The area is located in the City of Springfield's Urban Growth Boundary. The site contains three buildings and a paved section on the north portion of the lot. The north portion ofthe site (addressed as 4055 Franklin) contains an existing building and used car lot which has been in existence priorto the City of Springfield taking jurisdiction of Glen wood in 1998. The majority of the existing used car lot is paved and separated by fencing from the remainder of the parcel. The existing building on the south portion of the lot (previously occupied by the excavation company) is 960 square feet in size. An adjacent building is 504 square feet in size with a 200 square foot shed attached. Four access points exist on this parcel. One access point is on Franklin and three are on Mississippi. Franklin is improved with curb, gutter and sidewalk while Mississippi is unimproved with an asphalt mat in this area. Baekground: The City of Springfield is required to sigu Departtnent of Motor Vehicle Certificates approving the location of car lots in areas under the City's jurisdiction. When the City of Springfield took jurisdiction of Glenwood in 1998 the City agreed to continue DMV Location Approvals for car lots already in existence in their current condition and size. Numerous DMV certificates have been approved for the 4055 FrankliIi A venue address which has historically been used as a car lot. The last site visit for sign off on a DMV certificate at 4055 Franklin showed a car lot operating from ]415 Mississippi. A letter was sent informing the owner of the property and the applicant of the need for land use approvals at the new address and that a Minimum Development Standards (MOS) review was required. Subsequent to this letter, aerials showing that a third building was added to the site sometime between 2004 and 2008 without permits and an auto repair business was operating from this building. A separate MOS was submitted. for the building. After meetings with the applicant, Public Works Engineering staff and Planning staff, the applicant has decided to proceed with the project with the exception that they would like to use the additional building for storage only (see DRC20]0-0021). Zoning: Community Commercial (CC) Metro Plan Designation: Community Commercial Refinement Plan Designation: Commercial/lndustrial Mixed Use in the Glenwood Refinement Plan Overlay Districts: Urbanizable Fringe Overlay District Zoning of Surrounding Properties: North-CC, South- LMI, East - CC and West - CC Application Submitted Date: June 14,2010 Date Received: Cf ! 2b II 0 Planner: LM ". 1 MDS - DRC2010-00021 . . Site Visit Conduded Date: August 19,2010 Decision Issued Date: September 24, 2010 Recommendation: Approved, with Conditions. 4055 Franklin EJdsting Used Car Sales Lot 1415 Mississippi Proposed Car Sales building and Lot Building added without permits - Storage only CITY OF SPRINGFIELD DEVELOPMENT REVIEW TEAM POSITION REVIEW OF NAME PHONE Planner 1 Planning Liz Miller 726-230 I Transportation Planning Engineer Transportation Jesse Jones 726-3720 Public Works EIT Sanitary & Storm Sewer Clayton McEachern 736-1036 Deputy Fire Marshal Fire and Life Safety Gilbert Gordon 726-2293 Plans Examiner Building Chris Camenter 726-3623 Owner: Applicant's Representative: Norman L. Frank Martin Blackwell Dor-Mar The Carfinder Autos 2511 Lily A venue 4055 B Franklin Blvd Eugene, OR 97408 Eugene, OR 97403 ~ Applicant's Representative: Steve Keating DO" (Y'(Vn -Co \el11000~ I LLl-- Keating Engineering 159 East 16th Avenue Eugene, OR 97401 Purpose: Minimum Development Standards (MDS) are intended to support economic development by minimizing City review for minor additions, expansions or changes in use. MDS shall ensure compliance with specific appearance; transportation safety and efficiency; and storm water management standards . .. ~ . :.....:,-, h "., ; _' '::t' MIJS ~ DRC2010-00021i,., ..;". Ii ,,:\1(, 2 . . specified in the Springfield Development Code (SDC) and otherwise protect public health; safety and- welfare. Criteria of Approval: In order to grant MDS approval, the Director sball determine compliance with all applicable standards specified below: Special Use Standards: Finding: The property is in City of Springfield's Urban Growth Boundary. The right of way, including Mississippi Avenue, is part of Lane County's roadway system until annexed to the City of Springfield. Finding: Aerials on the City's MapSpring program show property lines depicted inside the existing front fence line of the property. Property survey pins found by Keating Engineering show the existing fence, proposed landscaping and proposed drainage swale to be within the property line. The stamped plan also shows the existing and new building intersected by the rear property line between tax lots 17033443 9300 and 9200. Both lots are owned by N~rman Louis Frank Revocable Trust. (See criteria (H) below which contains a condition addressing this situation). Finding: The Urbanizable Fringe Overlay District section of the Springfield Development Code (SDC) states the following, "Uses requiring 'Discretionary Use review, uses requiring specific development standards, new permitted uses and expansion of permitted uses in commercial and industrial districts shall demonstrate that the use will not generate singly or in the aggregate additional need for key urban services." Finding: This proposal involves both a new permitted use and the expansion of a permitted use in the Urbanizable Fringe Overlay. The two existing buildings on site are already'connected to septic on site and the new building is storage only with no proposal or need for water of sewer. The Lane County Sanitarian was also sent a notice of this proposal for comment. All drainage from the new parking lot is being required to be contained on site as conditioned below in the stormwater management portion of this review. The use will not generate the need for key urban services. Finding: The Springfield Fire and Life Safety Department is able to service this development with a relatively new fire hydrant (H-1426) fed off a 16 inch water line located at the southwestem corner of 14th Avenue and Mississippi. However, the Fire and Life Safety Division will need to have access in the gated property to the proposed and existing building. Condition 1: A Public Works lock must be obtained at Heyman's Safe, Lock and Security (131 14th Street in Springfield - (541)726-1545) for the manual swinging gatefronting Mississippi A venue so that the Fire and Life Safety Department has access to the buildings. Finding: SDC 4.7-115 Special Use Standards for Auto Sales, Service and Rentals, states the following, "Auto and truck dealers shall occupy an office/ sales building (new construction) or any existing structure of at least 1,000 square feet, with non-meta1lic siding and roofing, and located where possible on the front portion of the lot/ parcel. . . Finding: The existing building is short of the requirement by 40 feet, however th~ 504 square foot building added to the parcel is directly adjacent to this building and is only separated by 2'. Due to the distance and no firewall rated walls between the two buildings, the Building Division DateReceived:.!i!2.J I/u Planner: LM MDS- DRC2010-00021 3 . . would classify both buildings within the same classification as the existing building. There is also a 105 square foot lean to attached to the 960 square foot building. Condition 2: The property owner must notify the City of Springfield if this new building changes uses from the proposed "Storage Only" use. Any change ,in use may trigger additional Minimum Development Standards Review, building code requirements and Systems Development Charges. ..1 . : ~ ',',' Conclusion: As conditioned, the Special Development Standards criterion have been satisfied. A) A five-foot wide landscaped planter strip, including street trees, with approved irrigation or approved drought resistant plants as specified in SDC Sections 4.4-100 and 4.2-1.40 shall be installed between the sidewalk and parking areas or buildings. EXCEPTIONS: 1. Where there is an unimproved street, a four foot wide landscaped planter strip shall be required to be set back one foot from the property line. 2. Wher,e there is insufficient space for the landscaped strip required in Subsection A., above due to existing buildings, street width, paved parking, , changes of elevation or location of utilities including catch basins, the Director may approve: a. Decorative fencing located immediately behind the property line. The fencing may be wrought iron or masonry and shall be subj ect to the fence height standards of the applicable zoning district and the vision clearance setbacks of Section 4.2-130; and/or b. Landscaping equivalent to the amount required in Subsection A., above may be placed at the property comers or other areas of the property that are visible from the street., ~:>."- ~". . j.~:.- " MDS - DRC2010-0002i,'., ':~!L"I':( 4 . . o Complies as Shown on Plot Plan X Proposal Complies when the following Condition(s) is/ are met Finding: The applicant has stated that the south gate will begin at the property and extend 35' to the north. The tentative plan shows the gate beginning approximately 10' from the north property line. The tentative plan shows three proposed street trees along with additional required landscaping in the required landscaped planter strip. Condition 3: Show the actual proposed location of the south gate. If it does differ from the tentative vlan, the south most street tree shall be relocated north of the gate. B) Trash receptacles and outdoor storage areas shall be screened by a structure or enclosure permanently affixed to the ground as specified in SDC Section 4.4-100. o Complies as Shown on Plot Plan X Pro osal Com lies when the followin Condition s is/ are met Finding: The tentative plan is not clear in depicting a screened structure or enclosure for the trash receptacles. Condition 4: Show the location of the trash receptacles on the Final Plot Plan, Trash kept on the exterior of the building must be shown in a screened enclosure permanently affixed to the ground as specified in SDC Section 4.4-100. Trash receptacles proposed to kept in the interior of the building or exterior enclosures must adhere to the following 2010 Springfield Fire Code regulations: 304.3.3 Capacity exceeding 1.5 cubic yards. Dumpsters and containers with an individual capacity of 1.5 cubic yards [40.5 cubic feet (1.15 m3)] or more shall not be stored in buildings or placed within 5 feet (1524 mm) of combustible walls, openings or combustible roof eave lines. Exceptions: 1. Dumpsters in areas protected by an approved automatic sprinkler system installed throughout in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3. 2. Storage in a structure shall not be prohibited where the structure is of Type I or IlA construction, located not less than 10 feet (3048 mm) from other buildings and used exclusively for dumpster or container storage. . 304.3.4 Capacity of 1 cubic yard or more. Dumpsters with an individual capacity of 1.0 cubic yard [200 gallons (0.76 m3)] or more shall not be stored in buildings or placed within 5 feet (1524 mm) of combustible walls, openings or combustible roof eave lines unless the dumpsters are .constructed of noncombustible materials or of combustible materials with a peak rate of heat release not exceeding 300 kW / m2 when tested in accordance with ASTME 1354 at an incident heat flux of 50 kW /m2 in the horizontal orientation. Exceptions: 1. Dumpsters in areas protected by an approved automatic sprinkler system installed throughout in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3. 2. Storage in a structure' shall not be prohibited where the structure is of Type I or IlA construction, located not less than 10 feet (3048 mm) from other buildings and used exclusively for dumpster or container storage. MDS - DRC2010-00021 DateReceived:~ Planner: LM 5 . . C) Bicycle parking spaces shall be added to meet the numerical standards for the appropriate use or upgraded to meet the standards set in SDC Sections 4.6-140, 4.6145 and 4.6-155. X Complies as Shown on Plot Plan o Proposal Complies when the following Condition(s) is/ are met D) Parking and circulation areas shaIl be paved and striped and wheel stops installed as specified in,SDC Sections 4.6-100 and 4.6-120. Required paving and other impervious surfaces on the site shall comply with on-site stormwater management standards as specified in SDC Section 4.3-110 for required parking, circulation area and storage area impervious surfaces only. EXCEPTION: In cases where the number of vehicular parking spaces cannot be met due to lot size or physical constraint, the Director, in consultation with the Transportation Planning Engineer, may reduce the standard without a Minor Variance if a finding is made that the reduction will not have an adverse impact on public safety. ' o Complies as Shown on Plot Plan X Proposal Complies when the following Condition(s) is/ are met Findin!:: Section 4.3-110.B of the SDC requires that the Approval Authority shall grant development approval only where adequate public and/ or private stormwater management systems provisions have been made as determined by the Public Works Director, consistent with the Engineering Design Standards and Procedures Manual (EDSPM). Finding: Section 4.3-110.D of the SDC requires that run-off from a development shaIl be directed to an approved stormwater management system with sufficient capacity to accept the discharge. Finding: As required in Section 4.3-110,E of the SDC, "a development shall be required to employ drainage management practices approved by the Public Works Director and consistent with Metro Plan policies and the Engineering Design Standards and Procedures Manual." Finding: Section 3,02 of the City's EDSPM states the Public Works Department will accept, as interim design standards for stormwater quality, water quality facilities designed pursuant to the policies and procedures of either the City of Portland (BES), or the Clean Water Services (CWS). Finding: Section 3,03.3,B of the City's EDSPM states all public and private development and redevelopment projects shaIl employ a system of one or more post-developed BMPs tllat in combination are designed to achieve at least a 70 percent reduction in the total suspended solids in the runoff generated by tha:! development. Section 3.03.4.E of the manual requires a minimum of 50 percent of the non-building rooftop impervious area on a site shaIl be treated for stormwater quality improvement using vegetative methods. Finding: The vegetation proposed for use in the swales will serve as the primary pollutant removal mecl1anism for the stormwater runoff, and will remove suspended , _'._....,. -, _ 4.' .. . . ' , ~,~. MDS: DRC20io:.00021 ""." ;t. .r.. 6 . t solids and pollutants through the processes of sedimentation and filtration. Satisfactory pollutant removal will occur only when the vegetation has been folly established. Finding: The plans submitted indicate a drainage bio-swale area; however plans have not been submitted with engineer's analysis, and do not meet suitable criteria for an infiItration basin. Condition 5: Prior to approval of the Final Site Plan, the applicant shall submit an analysis of the infiItration swales using the Simplified approach from the PortlandStormwater Management Manual prepared and stamped by a licensed engineer. No drainage study beyond this is necessary for this development Condition 6: The infiItration basins shall be designed in accordance witli the details provided in the Portland stormwater manual for either an Infiltration planter or Vegetated Infiltration Swale. No subdrain is necessary as there is not a suitable public stormwater facility to receive any overflow. Plantings shall consist of native grass and shrubs that are suitable to these envirorunents. A native seed mix will be deemed suitable if applied correctly and plants are established to foll growth. Condition 7: To promote plant health and for the infiItration basins to work properly the soil must be suitable for infiItration and protected from compaction during construction. To meet this condition the subgrade for the infiItration basins must be decompacted to a minimum depth of 10" by a suitable method (rota-tilling or scarifying will be deemed suitable). E) Access onto the public right-of-way shall comply with SDC Section 4.2-120. X Complies as Shown on Plot Plan o Proposal Complies when the following Condition(s).is/ are met: f) Concrete sidewalks shall be installed where the site abuts a curb and gutter street as specified in SDC Section 4.2-135. X Complies as Shown on Plot Plan [J Proposal Complies when the following Condition(s) is/ are met: G) Streetlights shall be installed as specified in SDC Section 4.2-135. X Complies as Shown on Plot Plan EJ Proposal Complies when the following Condition(s) is/ are met: DateReceived: q (13( ['0 Planner: LM 7 MDS - DRC2010-00021 . . c H) The development shall connect to public utilities as specified in Sections 4.3-105, 4.3-110 and 4.3-120 of the SDC and comply with the Springfield Building Safety Codes, where applicable. Easements may be required as specified in Subsection 4.3-140 of this Code. [E Complies as Shown on Plot Plan X Proposal Complies when the following Condition(s) is/ are met: Findin!;: - Aerial photographs show that a 504 square foot building with an additional attached 200 square foot modified shipping container was placed on the site sometime between 2004 and 2008 without permits. The building was placed over the east property line encroaching onto tax lot 9200 which is also owned by the same property owner as lot 9300. The building was placed at an angle to the south property line with setback distances ranging from 2 feet to 10 feet. The property to the south is owned by a separate property owner. Finding: SDC 5.16-110 states the following, "Where a property owner desires to construct a building over a common property line, and there are no easements abutting the property line, the Director may require a deed restriction during the building permit and/ or Site Plan Review process that allows the construction of these structures. The lots/parcels under the deed restriction shall be sold as 1 unit of land, unless the structuI"es are removed. Condition 8: The attached deed restriction entitled "Covenant" must be completed and returned with the Final Plot Plan and Building Permit Submittal. Descriptions for both - Map & Tax Lot numbers 17033443 9200 & 9300 must be attached as "Attachment A" and the document must be signed and notarized by the property owner. The document must be recorded at Lane County Deeds and Records. A copy of the recorded documents shall be submitted to the City of Springfield. A statement must be submitted verifying there are no easements abutting the property lines. Condition 9: A Building Permit must be obtained for the structure. The permit submittal must contain a copy of the recorded deed restriction for the east property line and detail of fire resistant construction for the wall along the south property line. No openings are permitted within 5' of the property line and waIls within 10' shall be 1 hour fire resistant construction. Condition 10: In addition to obtaining building permits for the structure, permits will also be required for the water line relocation, bioswale piping and asphalt parking lot. A Land Drainage and Alteration permit will be required from the Public Works Deparbnent for the grading, excavation and fill for the parking lot. Timelines and Conditions of Approval: The property owner aneI/or applicant has 30 days from the date of this decision to submit a Final Plot Plan demonstrating compliance with the following Conditions of Approval: Condition 1: A Public Works lock must be obtained at Heyman's Safe, Lock and Security (131 14th Street in Springfield - (541)726-1545) for the manual swinging gate fronting Mississippi Avenue so that the Fire and Life Safety Department has access to the buildings. ::i;~~ ;.' ,~::'.'". MDS - DRC2010-00021, ,.,;.,i';" .f' 8 . . Condition 2: The property. owner must notify the City of Springfield if t:llls new building changes uses from the proposed "Storage Only" use. Any change in use may trigger additional Minimum Development Standards Review, building code requirements and Systems Development Charges. . Condition 3: Show the actual- proposed location of the south gate. If it does differ from the tentative plan, the south most street tree shall be relocated north of the gate. Condition 4: Show the location of the trash receptacles on the Final-pJot Plan. Trash kept on the exterior of the building must be shown in a screened enclosure permanently affixed to the ground as specified in SDC Section 4.4-100. Trash receptacles proposed takept in the interior of the building or exterior enclosures must adhere to the following 2010 Springfield Fire Code regulations: 304.3.3 Capacity exceeding 1.5 cubic yards. Dumpsters and cDntainers with an individual capacity of 1.5 cubic yards [40.5 cubic feet (1.15 m3)] or more shall not be stored in buildings or placed within 5 feet (1524 mm) of combustible walls, openings or combustible roof eave lines. Exceptions: . 1. Dumpsters in areas protected by an approved automatic sprinkler system installed throughout in accardance with Section 903.3.1.1, 903.3.1.2 Dr 903.3.1.3. 2. Storage in a structure shall not be prohibited where the structure is of Type I or IIA constructian, Iacated not less than 10 feet (3048 mm) from other buildings and used exclusively for dumpster or container storage. 304.3.4 Capacity of 1 cubic yard or more. Dumpsters with an individual capacity of 1.0 cubic yard [200 gallons (0.76 m3)] or more shall not be stored in buildings or placed within 5 feet (1524 mm) of combustible walls, openings ar combustible raof eave lines unless the dumpsters are constructed of noncombustible materials or of cambustible materials with a peak rate of heat release not exceeding 300 kW I m2 when tested in accordance with ASTME 1354 at an incident heat flux of 50 kW 1m2 in the horizontal orientation. Exceptians: 1. Dumpsters in areas protected by an approved automatic sprinkler system installed thrDughaut in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3. 2. Storage in a structure shall not be prohibited where the structure js of Type I or IIA construction, located not less than 10 feet (3048 mm) from other buildings and used exclusively far dumpster or container storage. Conditian 5: Prior to approval of the Final Site Plan, the applicant shall submit an analysis of the infiltratian swales using the Simplified approach fram the Portland Starmwater Management Manual prepared and stamped by a licensed engineer. No drainage study beyond t:llls is necessary for t:llls development. Condition 6: The infiltration basins shall be designed in accordance with the details. provided in the Portland stormwater manual for either an Infiltration planter or Vegetated Infiltration Swale. No subdrain is necessary as there is not a suitable public stormwater facility to receive any overflow. Plantings shall consist of native grass and shrubs that are suitable to these enviranments. A native seed mix will be deemed suitable if applied correctly and plants are established to. full growth. Condition 7: To promote plant health and for the infiltration basins to work properly the soil must be suitable for infiltratiDn and protected from campaction during construction. To meet t:llls condition the subgrade far the infiltration basins must be decompacted to a minimum depth of 10" by a suitable methad (rota-tilling or scarifying will be deemed suitable). Condition 8: The attached deed restriction entitled "Covenant" must be completed and returned with the Final Plot Plan and Building Permit Submittal. Descriptians for both Map & Tax Lot numbers 17033443 9200 & 9300 must be attached as f' Attachment A" and the document must be signed and notarized by the property owner. The document must be recorded at Lane Caunty Deeds and Records. A copy of the recorded dacuments shall be submitted to the City of Springfield. A statement must be submitted verifying there are no. easements abutting the property lines. t1 / I Date Received: c'1 23 { ({) Planner: LM - 9 MDS - DRC201O-00021 . .. Condition 9: A :Building Permit must be obtained for the structure. The permit submittal must contain a copy of the recorded deed restriction for the east property line and detail of fire resistant construction for the wall along the south property line. No openings are permitted within 5' of the property line and walls within 10' shall be 1 hour fire resistant construction. Condition 10: III addition to obtaffiing building permits for the structure, permits will also be required for the water line relocation, bioswale piping and asphalt parking lot. A Land Drainage and Alteration permit will be required from the Public Works Department for the grading, excavation and fill for the parking lot. In order to complete the review process, a Development Agreement is required within 45 days from the date of this decision to ensure the terms arid conditions of this application are binding upon both the applicant and the City. This agreement will be prepared by Staff and upon approval of the Final Plot Plan, must be signed by the property owner prior to issuance of a building permit and land use approval. The construction of the required improvements shall begin within 90 days of the date ofthis decision. If the established time line cannot be met, the applicant may submit a written request for a time line extension as specified in SDC Section 5.15-125. The Director may allow a one-time extension of the 9o-day start of construction time line due to situations including but not limited to, required permits from the City or other agencies, weather conditions and the unavailability of asphalt or the unavailability of street trees. If the time extension is allowed, security shall be provided as specified in SDC Section 5.17-150 of this Article. The time line extension shall not Exceed 90 days. . If the established time line is not met and the applicant has not requested an extension, the Director shall declare the application null and void if the property is occupied and the property owner shall be considered in violation of this Code. If the established time line is not met and the applicant has requested an extension and that time line has not been met, the Director may require the improvements be installed as specified in SDC Section 5.7-150. Permits That May Be Required: . Building permits are required for the relocation of waterlines, new piping lines and paving. . An LDA!' permit will be required for all grading, filling and excavating being done. This permit is issued by the City of Springfield Public Works Department. . Sign Permit-NOTE: Signs are regulated by the Springfield Municipal Code Article 9, Chapter7. The number and placement of signs must be coordinated with the Community Services Division. The location of signs on a Site Plan does not constitute approval from the Community Services Division. Moving of back lit signs will require an electrical permit. Additional Information: The application, all documents, and evidence relied upon by the applicant, and the applicable criteria of approval are available for free inspection and copies are available for a fee at the Development Services Department, 225 Fifth Street, Springfield, Oregon. Appeals: This Type I decision is exempt from the provisions ofORS 197.195, 197.763 and 227.173 and therefore cannot be subject to the appeal provisions ofSDC Section 5.3-100, Appeals. Questions: Please call Liz Miller in the Planning Division of the Development Services Department at (541)726-2301 if you have any questions regarding this process. " ., ,I ..... ..0: MDS - DRC2010-0002i,' . ..', "~f:"ll 10 . . Date ReceiVed: l' jlJ /10 Planner: ~M MDS - DRC2010-00021 11 . . COVENANT (Please Print) BEING THE RECORD. OWNER(S) of all of the following described property located in the CitY of Springfield, or its urbanizable area, in th~ County of Lane, State of Oregon: See Attachment A IN CONSIDERATION FOR the issuance of a Building Permit by the City of Springfield which allows the owner(s) to construct a structure, over the common property line of two or more abutting iots; record owner(s) do hereby make the' following covenants (for the good and safety of the public, in compliance with the Springfield Development Code and the building regulations of the City of Springfield), covering the above described real property, specifying that this covenant shall constitute a iimitation to run with the land and shall be binding on all persons claiming under them, and that the covenants shall be for the be'nefit of present and future owners of said real property. ' BE IT. HEREAFTER KNOWN and agreed that: ' 1. The land described in Attachment A which includes 2 or more' lots, must either hereafter be sold together without separation of the lots or portions thereof as a single unit of land so long as the structure is constructed over the common property line(s) of the abutting lots; or 2. . Prior to the sale of the 'lots individually, the structure shall be removed, and a finding made by the City that there is no violation of any applicable setback regulations applicabie at the time, of saie. IN WITNESS WHEREOF, the undersigned have caused this instrument to be executed this day of ,20~. Owner Owner STATE OF OREGON) ) ss. County of Lane ) ON THIS day of Public, the within named , 20_. personally appeared before me; a Notary acknowledged the foregoing to be their voluntary act and deed. WITNESS my hand and seai this day and year last written above. Notary Public for Oregon My Commission Expires: A copy of this recorded document must be returned to the City of Springfield, Development Services Department, 225 Fifth Street, Springfield, OR 97477. de,jd rest. haus pI Date Received: 1/1-3/ [ (; Planner: 1M :," 0" "~"" - " .., ":" . . '"..,---~~-., ---,,~" -" ."' CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT 225 5th ST SPRINGFIELD, OR 97477 '~ Martin Blackwell The Carfinder Autos 4055 B Franklin Blvd Eugene, OR 97402 . CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT 225 5th ST SPRINGFIELD, OR 97477 Steve Keating Keating Engineering 159 E 16th Avenue Eugene, OR 97401 . crr'( OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT 225 5th ST SPRINGFIELD, OR 97477 Norman L Frank Dor~Mar 2511 Lily Avenue Eugene, OR 97408 nate RaceiVed:~ Planner: LM . O::t:tzt~ 1)