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HomeMy WebLinkAboutNotice PLANNER 1/5/2010 -- ...- ~ , RECElVED AFFIDAVIT OF SERVICE JAN - 5 2Ql0 By:n~ ~ Lt~~ '~ll 0 f '1 f~ 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, Pro ram Technician, I, prepared and caused to be ' mailed copies of - If" . - 'rfr,.Ldu 4. ~ (See attachment "A") on 2010 addressed to (see '7<lt:iAd.~ - Attachment B't by causing said letters to be placed In a U.S. mail box with CroWfitrn postage fully prepaid thereon. ~Jv~ (~{UJJ-U1 KAR LaFLEUR ' STATE OF OREGON, County of lane ~. !: . 2010. Personally appeared the above named Karen laFleur, rogram T hnlcian, who acknowledged the foregoing instrument to be their voluntary act Before me: . OFFICIAL SEAL DEVETTE KELLY NOTARY PUBLIC - OREGON COMMISSION NO. 420351 MY COMMISSION EXPIRES AUG. 15. 2011 ! ~~. t; It{ My Commission Expires: ~f\ //1 f Date Received: Planner: LM l (s I/o > :'1 iF "': l~ I Jl ... _ ~ Yli\l. , 1<, \ ~':;~~ :~; ~\ ~:: ~ ., :,'v" hi:. ::' t, :,-,(1,1 \....r. . ',. . ~:1i.):.l.:ijr~:."'.~_ \: .~ -, '.~" ~, ~. . -.,...{\ . < . '{ ~~ '. .:] . ~'-It'~ )Jt; 'l,~' ,j" .' ~f; 1',' '\~.i . .'..,1 . . '-,,~)..j.'-' . :'~JL;:;-:' ~,~C~ ". ':! .. . ., . '.' '~J ~ :.~ \,1, ,j . ~ f ;.;.~ /~ k'..: \'lh"l .1; ~ " t f" 1:"f:.:.; '(;~i':)f.r :'<'i:" 'J':-" ~ ~'l: "I~:;~.." . I , -: -"hi, _.:,~.;., ;'tt::;I'jLJ: Ja.;;lf'f;til T")I.'.:..::1 "._!- ~_"'h_"~_~';_ _ . ~- t '1'''''' : t' G;O;)t.~";". .llr:""l:":"~':'. f.1';.',".r;;-:-} '!n" or' '~~rH '~l.tl'-':', f .s. .' "";.: "0":" :':'<~!;fi'" , , Jfji ~..... )(' "~ '~f:.''l ......il Q. :~t ~"),.;,.t.~n :'V e.j C!~~..i\~~ ,"~.;::'~'i'.. .. ...~.. . 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':'~' ~ ~;~, ~:':L ~ ~ ":: q'!- ;i";.:"" I .: 'A;=- ., '. . . l Notice of Decision Temporary Use--Emergency Medical Hardship Case No. DRC2009-00044 Thelma Crowson Staff Report and Decision January 5, 2009 . 225 FIFTH STREET SPRINGFIELD, OR 97477 (541) 726-3753 FAX (541) 726-3689 wwwci.springfield.or.us Applicant Property Owner Robert & Thelma Crowson Steven & Julie-Marie Hartsock 1434 D Street 1207 Olympic Street Springfield, OR 97477 Springfield, OR 97477 541-357-0882 Property Address! Assessor's Map No. Attending Physician 1434 "D" Street Elaine A. Mitchell, DO Springfield, 97477 Willamette Valley Psychiatric Medicine Map No. 17-03-36-23 TL 5200 132 East Broadway, Suite 825 Eugene, OR 97401 541-344-5363 Type of living Unit Proposed Date of Application: November 17, 2009 34' Fifth Wheel Trailer Date of Decision: January 5, 2010 Nature of the Application: The applicant seeks approval to reside in a 34 foot 5th. Wheel Trailer behind an existing house at 1434 D Street. Thelma Crowson, whose physician has verified that she needs round the clock care by her family, proposes to reside in the trailer. Her daughter resides in the home on the property and will be caring for her mother. Section 5.10-100 of the Springfield Development Code makes provisions for the temporary placement of a recreational vehicle on a property to provide living quarters for a person requiring medical care with a care giver living on-site in the primary residence. Background/Site Information: A complaint regarding an RV being used as a residence was submitted to the Code Enforcement Division in early November prompting this application submittal for a Temporary Emergency Medical Hardship approval. The site is an interior lot located on D Street, east of 14th Street. A public alley runs along the back of the property. Across the alley to the north are the rear yards of properties fronting on E Street. The property is wned Low Density Residential (LDR) and surrounded by LDR property. " Summary of Decision: Approved, with Conditions. Written Comments: The Development Code requires that nearby residents be notified of the application and to have an opportunity to comment on the proposal. In response to Date Received:-Li S/IO Planner: LM Emergency Medical Hardship--Crowson' DRC2009-00044 1 . . a mailed notice to nearby residents and property owners, staff received one written response. The written response was from Mary Murphy, 88000 Running Spring Drive, Springfield, OR 97478. Mrs. Murphy is the owner and landlord of 1501 E Street and the Trustee for the Freda A. Lesiak Trust which owns 1455 E Street. The following is a summary of the written comments received: 1. "The lot size in the residential development was designed to support single family dwellings. - 2. The sewer links with most homes in the area use "orange bird" line construction which may become weak or fail with double home usage. 3. 1434 'D" Street is not an owner occupied property; but rather a rental with limited liability insurance on the 5th wheel recreational vehicle through AARP, 4. The insurance appears to be for a recreational vehicle, not a permanent residence, 5. The Emergency Medical Hardship placement would lower the neighborhood standards and property values, plus the overall safety of the neighborhood 6. Other possible options the party might consider are moving the RV to an approved trailer site or; 7. allowing the handicapped individual to live in the existing dwelling at 1434 D Street, " Staff Response: I. The lot size of the property is 5,227 square feet. Although the Low Density Residential zoning district allows a permanent secondary Accessory Dwelling Unit with review, the 5th wheel is temporary in nature and is not considered a permanent dwelling unit. 2. The public sewer pipe in the alley between D and E Streets is 8" PVC. The "Orangeburg" type of sewer lines were used through the 1970's. Most failure comes from the age of the pipe rather than the number of users. If Orangeburg is still being used on the private portion ofthe properties in the area and failed, it would be the responsibility of the property owner to repair or replace. 3. The property owner does rent or lease the property to the daughter of the applicant. The City of Springfield received an application with an original signature from the property owner as part of the submittal for the Temporary Emergency Medical Hardship. The property owner will also receive a copy of the decision for the Temporary Emergency Medical Hardship which lists any required conditions and tirnelines. 4. Section 5.10 (Emergency Medical Hardship) of the Springfield Development Code (SDC) does not require that the recreational vehicle be insured as a permanent residence. Section 5.1 0-105A.3. states that the temporary living quarters means a road worthy, licensed and insured recreational vehicle. The submittal requirements of 5.IO-105D. require proof that the temporary living quarters is licensed and insured. The applicant provided this proof on December 2, 2009 as part of the record for this decision. The complete record is available for review during normal business hours. \ \ I .. Emergency-Medical Hardship-Crowson: ,,' ,f..: DRC2009-00044 . ..';' ' .' l.__'. 2 . . ,- , 5. The Emergency Medical Hardship provision was initially adopted by the City Council by Ordinance 5579 on June 24,1991. It allowed an unlimited number of extensions with proper documentation. In'September 2006 the Planning Commission directed staff to amend the Emergency Medical Hardship section of the SDC specifically regarding the timelines of the "temporary" approval status. This amendment specifically limited the outmost extended tirneline to a period of 24 months. The Planning Commission held a public hearing and recommended to City Council that the amendments be approved. The City Council held a public hearing and subsequently adopted the current code section (Ordinance 6186) on December 4, 2006. The code section also allows screening of the living quarters from the public right-of-way as conditioned below. 6. SDC section 5.10-105 require the applicant provide a statement explaining why the circumstances are temporary in nature and what steps are being undertaken to address the circumstances. The applicant has provided a statement which includes moving the RV to an approved RV park by the time the approval expires. 7. The house on the site is only 780 square feet and contains 2 bedrooms. The applicant's daughter is living in the home with her family. The RV is needed for Thelma Crowson due to insufficient space in the home. Conclusion: As conditioned below the proposal meets the criterion of the approval contained in the SDC. Procedural Requirements Section 5.10-105 (C) of the Springfield Development Code (SDC) indicates that Emergency Medical Hardship applications are reviewed under a Type II process. The application was deemed incomplete and written notice was sent to the applicant in accordance with SDC 5.4-105 and ORS 227.178. The applicant submitted the missing information on December 2, 2009. A Type II process is an administrative review that requires mailed notice of the application to property owners and residents within 300 feet of the subject site (See SDC Section 5.1-130). A 14-day public comment period is allowed for neighbors to register their concerns or to contact staff for more information about the proposal. At the end of the 14-day period, staff drafts a decision and sends notice of that decision to any citizen who offered comments. The notice of decision contains language informing citizens of their appeal rights if there is an objection to the staff decision. No public hearing or published notice is Jq~ired for Type II processes. Criteria for Approval The criteria for approving Emergency Medical Hardship applications are found in SDC Section 5.10-105 (E). The criteria found in this section are stated below: , Date Received:l} S II 0 Emergency Medical Hardship-Crawson Planner: LM 3 DRC2009-00044 . . Staff Findings and Conclusions "1. The licensed physician's written medical report shall address the information required in Subsection D.2.a., above." Findings: 1. The attending physician, Elaine A. Mitchell D.O., provided the applicant with a letter clearly indicating that the applicant required round the clock care by her family. The physician's letter was on the psychiatric clinic stationary. 2. The applicant's narrative described the type of psychiatric condition which requires this constant care by her family. This criterion has been met. "2. The temporary living quarters shall hoUse either the person requiring medical assistance or the care provider. " Findings: 3. The application indicates that Thelma Crowson will live in the 5-th Wheel trailer and that her daughter will continue to live in his residence and provide care for Mrs. Crowson. This criterion has been met. "3. The temporary living quarters shall be located on the same legal lot/parcel as the primary dwelling. Only 1 temporary living structure is allowed on a lot/parceL" Findings: 4. The site drawing submitted with the application shows the trailer will be located on the subject lot at 1434 D Street. The drawing shows just one temporary dwelling (the trailer). This criterion has been met. ''4. The temporary living quarters shall not be permitted within the front yard or street side yard setback. " Findings: 5. The site drawing submitted with the application shows the trailer will be located behind the existing residence and not in the front yard. There is no street side yard at the subject location. 'L':\ . . .. -.: .'. ,~:~. ,'':.." .r"';;'li~r. '.. - ", .t' .. _ _. ...~ L: Emergency Medical Hardship----Crowson' "J'.. " DRC2009-00044 4 . . " This criterion has been met. .#.' "5. All residential trailers and other similar units used as temporary living quarters shall be connected to sewer, water and electrical services as proscribed by the Oregon State Building Code as adopted by the City. " Findings: 6. The application states that a 5-wheel travel trailer shall be placed on the subject site. This criterion does not apply. "6. All travel trailers and other similar units used as temporary living quarters shall have utility connections consistent with State law requirements for these units as in RVparks." . Findings: 7. Currently the 5th wheel is connected by extension cords from the residence in order to receive power. The City of Springfield Electrical Inspector visited the site on December 8, 2009 and will require the 5th wheel to have utility connections consistent with State law requirements for these units in RV parks. 8. At the present time, the RV is connected by hose to the house to obtain water and the waste tank is being pumped periodically by Best Pots, a septic pumping company. Condition 1: A 50 amp circuit per NEC551 (recreational vehicles) is required to be installed by a licensed electrical contractor. The contractor shall obtain a permit from the City of Springfield prior to commencing work or requesting inspections. Condition 2: The RV potable water inlet shall be connected to a potable water hose connected to a potable water supply hose faucet with an anti-siphon device. Plumbing permits and inspections are required. Condition 3: The waste pipe outlet shall be connected to a sloped and supported RV flexible waste pipe connected to a minimum 3 inch sanitary sewer pipe or opening. Plumbing permits and inspections are required. This criteria, as conditioned has been met. Please contact the inspectors listed below for questions regarding utility connection requirements, permits and inspections: Bryan Richardson - Electrical Inspector - (541) 726-4652 Steve Graham - Plumbing Inspector - (541) 726-3665 Emergency Medical Hardship-Crowson DRC2009-00044 Date Received: Planner: LM I /5 frD 5 . . Conclusion and Decision The application and supporting documentation submitted by the attending physician have been reviewed by staff against the approval criteria found in SDC Section 5.10-105 (E). Based on this review and the [mdings of fact made by staff, it is the conclusion of staff that the Emergency Medical Hardship application meets the approval criteria as conditioned below. This application is thereby approved subject to the following conditions: Since the Emergency Medical Hardship is already being utilized on the site, Conditions 1 through 5 must be completed by January 31. 2010 in order for this approval to remain valid and to avoid any further Code Enforcement action. Condition I: A 50 amp circuit per NEC551 (recreational vehicles) is required to be installed by a licensed electrical contractor. The contractor shall obtain a permit from the City of Springfield prior to commencing work or requesting inspections. Condition 2: The RV potable water inlet shall be connected to a potable water hose connected to a potable water supply hose faucet with an anti-siphon device. Plumbing permits and inspections are required. Condition 3: The waste pipe outlet shall be connected to a sloped and supported RV flexible waste pipe connected to a minimum 3 inch sanitary sewer pipe or opening. Plumbing permits. and inspections are required. .' . ::~ ,'. Emergency Medical Hardshi~rowson . : '. .:;:"{, DRC2009-00044 ---.---,..... 6 . . i . ...',.~ ,~ .. " i' ; . Condition 4:" The trailer shall be relocated so that the minimum residential interior side yard setback of 5' is maintained, including the extended slider portion of the trailer. Maintain a minimum 10' setback to the rear property line. Condition 5: The applicant shall provine screening slats in the chain link fence and the gate along the public alleyway to comply with submittal requirement 5.10- 105D.1.d. Condition 6: There shall be no change in occupancy of the temporary living quarters under the permit; either the person requiring care or the care provider shall reside within the temporary living quarters. Condition 7: The temporary living quarters use is limited to the use permitted in this Section and is not transferable to other persons or property. Under no circumstances shall temporary living quarters be used as a rental unit. Condition 8: The temporary living quarters use shall cease upon occurrence of the first of the following events: a. The medical hardship no longer exists; in this case, the temporary living quarters shall be removed within 30 calendar days of the cessation of the provision of care; or b. Within 12 months of the date of application approval, unless there is an . approved extension. The applicant may obtain no more than 2 six month extensions and will need to provide the following: 1. A request submitted 30 days prior to the expiration of the initial 12 month approval time line. This request shall include written verification from a licensed physician stating that the person requiring care continues to need care. 2. The temporary living quarters is still in compliance with the in compliance with the initial conditions of approval listed above. Expiration of Approval: This approval will expire Januarv 5. 2011. Please submit a written request (as outlined above) 30 days prior to the expiration date if you are requiring an extension. 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. APPEAL: This Type II Emergency Medical Hardship decision is considered a decision of the Director and as such may be appealed to the Planning Commission. The appeal may be filed with the Development Services Department by an affected party. Your appeal must be in accordance with SDC 5.3-100, Appeals. An Appeals application must Date Received:J!~ Planner: LM Emergency Medical Hardship--Crowson DRC2009-00044 7 . . be submitted with a fee of $250.00. The fee will be returned to the applicant if the Planning Commission approves the appeal application. In accordance with SDC 5.3-115.B which provides for a 15-day appeal period and Oregon Rules of Civil Procedures, Rule 1 O( c) for service of notice by mail, the appeal period for this decision expires at 5:00 PM on January 20, 2010. QUESTIONS: Please call Liz Miller in the Planning Division of the Development Services Department at (541) 726-2301 or emaillmiller@ci.springfield.oLus if you have any questions regarding this process. PREPARED BY Liz Miller Planner 1 Emergency Medical Hardship-Crowson .; ': <1.,,' DRC2009-00044 8 ~D~ ~~:J;lh.l[~~/~' .. , DEVELOPMENT SERVICES _ PLANNING DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 . Robert and Thelma Crowson 1434 D Street Springfield, OR 97477 ------. ...-... ---.........-..... -- PLANNING DEPARTMENT 225 FIFTH'STREET SPRINGFIELD, OR 97477 Steven and Julie Hatsock 1207 Olympic Street Springfield, OR 97477 225 FIFTH STREET SPRINGFIELD, OR 97477 Mary Murphy 88000 Running Spring. Drive Springfield, OR 97478 I , I I Date Recei~ed:JJ5 ! 0 Planner: U\Il - 6 :,,.:............ . . 1< .