HomeMy WebLinkAboutPermit Miscellaneous 1998-1-19
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. DEVELOPMENT SERVICES DEPARTMENT
225 FIFTH STREET
SPRINGFIELD, OR 97477
(541) 726-3753
NOTICE OF DECISION - MODIFICATION OF PROVISIONS
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DATE
January 19, 1998
.JOURNAL NUMBE~
97 - 11- 253 (see related Partition Jo. No. 97-1O~227)
APPLICANTIPROPERTY OWNER,
Betty Couch
77977 South 6th Street
Cottage Grove, Oregon
SURVEYOR
Larry D. Maddux
1450 I N.E. 81 st Street
Vancouver, W A 98682
SITE INFORMATION .
The prQperty lllVolvedin this request for Modification of Provisions is located within the City limits at
" 4630 Bluebelle Way, aiso described as Tax Lot 4800 on Lane County Assessor's Map.17-02-32-43. The
subject property is approximately 21,779.1 square feet (.50 acres), It is zoned Low Density ~esidential
(LDR) and is bordered by property zoned LDR on all sides. This site is designated LDR by the Metro Plan
and the East Main Refinement Plan. The property currently contains a single-family residence with an
attached garage. .
EXPLANATION OF THE NATURE OF THE APPLICATION ,
This request is a Type II Modification of Provisions for reduction in driveway width for a panhandle lot
(see Partition Tentative Type II 9 -1': 227). The Spnngfield Developmept Code, Section 16.030(3)(b)
state~: "... In all cases, multiple panhandles shall have a minimum of26 feet of frontage (two panhandles'
shall each have 13 feet of frontage per lot) . .." The appFcant requests that the frontage on parcel # 2 shall
be only 11.04 feet which is more than a 20% modification of the 13 foot panhal}dle requirement.
DECISION .
Approval with conditions (see below).
CRITERIA OF APPROVAL (Ref. SDC Article 11.03)
(1) MODIFICATION OF PROVISIONS. THE DIRECTOR MAY ADJUST ANY QUANTITATIVE
STANDARD OF THIS CODE INVOLVING UP TO A 20 PERCENT REDUCTION OR INCREASE
NOT IN CONFLICT WITH OTHER APPLICABLE STANDARDS PROVIDED THAT:
(a) . LOCATIONALOR DIMENSIONAL PROBLEMS HA VEBEEN IDENTIFIED; AND
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The request is for a reduction in the street frontage of Parcel #2 from 13 feet to 11.04 feet to allow for a 5
foot side yard setback for Pat:cel # 1.
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Finding:
The code requirement for a 5 foot side yard setback for Parcel #1 can be met by reducing the width of the
panhandle driveway on Parcel #2, after the first 18, where the driveway parallels the existing house on
Parcel # 1.
Condition:
· 1) The street frontage (panhandle driveway entrance) for Parcel #2 must be 13 feet wide for the first
18 feet into the property, then it may be reduced to 11.04 feet to accommodate the need for a 5 foot
side yard set back for the existing dwelling unit on Parcel # 1 from Parcel #2 property line.
(b) THE PROPOSED ADJUSTMENT IS THE MINIMUMlMAXIMUM NECESSARY TO
ALLEVIATE THE IDENTIFIED DIMENSIONAL OR LOCATIONAL PROBLEM; AND
The maximum adjustment allowed under these provisions would be 2.6 feet (20 percent of the 13 foot
requirement).
Findings:
Thedimensional problem involving the side yard setback on Parcel #1 is met by reducing the driveway
width on Parcel #2 after the first 18 feet from the street, to 11.04 feet. The code will be met if the first 18
feet of the property on Parcel #2 has 13 feet of street frontage.
Condition:
· 2) The first 18 feet of driveway on Parcel #2 shall be 13 feet wide. It will then be reduced to no
smaller than 11.04 feet which will accommodate the 5 foot side yard setback on Parcel # 1.
(c) THE FOLLOWING ADVERSE EFFECTS ON NEIGHBORING PROPERTIES WILL
NOT OCCUR AS A RESULT OF THIS MODIFICATION OF PROVISIONS:
l.CREA TES DEMAND FOR ON-STREET PARKING;
The proposal would decrease the width of Parcel #2 driveway after the first 18 feet to 11.04 feet.
Parcel #2 would still have 13 feet of street frontage on Bluebelle Way.
Finding:
The first 18 feet of driveway for panhandle lot #2 will be 13 feet wide and paved. The decrease in
driveway width after 18 feet will not affect on-street parking
2. INCREASES NOISE, ODOR OR DUST;
The proposal will allow for the reduction of driveway width on'Parcel #2 after the first 18 feet so
that the existing dwelling unit on Parcel #1 will comply with the 5 foot side yard setback.
Finding:
No adverse effect on noise, odor, or dust will be produced due to the reduced width of the .
driveway for Parcel #2 after 18 feet.
3. CREATES VISION CLEARANCE AREA HAZARD FOR PEDESTRIANS, BICYCLISTS
OR MOTOR DRIVEN VEHICLES;
The proposal to reduce the width of the panhandle driveway for Parcel #2 has no adverse effect on
the vision clearance area.
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Finding:, .
Parcel #2 will have 13 feet of street frontage as per code requirements and the first 18 feet of the
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driveway will be paved. There will be no adverse effect on, the,yision clearance.
4. . ENCROACHES ON SOLAR ACCESS; OR
Parcel#l as designed has a ~orth-south dimension of approximately 76 feet. Parcel #2 has a
north-south dimension of ap'proximately 66 feet.
Finding:
The proposal meets this criteria for solar setbacks.
5. CREATES A HAZARDOUS FIRE PREVENTION OR FIRE SUPPRESSION SITUATION.
The proposal to reduce the driveway width (after the first 18 feet) from 13 feet to 11.04 does not
create a hazardous fire protection or suppression situation since the panhandle driveway of Parcel
#3 is combined with the width of Parcel #2 to create a panhandle driveway that is 24.04 feet wide.
Finding:
The proposal does not create a hazardous fire protection or fire suppression situation because fire
protection code standards are met.
(d) PUBLIC SAFETY WILL NOT BE COMPROMISED.
. A reduction in the panhandle lot on Parcel #2 after the first 18 feet will not impact public safety in
relation to ambulance service, fire service, or police operations.
Finding:
Public safety will not be compromised because there will be no impact to ambulance service, fire
service or police operations.
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~ONCLUSION
The Director has determined this request satisfies the criteria of approval with the following cOl").ditions:
. 1) The street frontage (panhandle driveway entrance) for Parcel #2 must be 13 feet wide for the first
18 feet into the property, then it may be reduced to 11.04 feet to accommodate tl1e need for a 5 foot
side yard set back for the existing dwelling unit on Parcel #1 from Parcel #2 property line.
. .~) The first 18 feet of driveway on Parcel #2 shalJ be 13 feet wide. It will then be reduced to no
smalJer than 11.04 feet which will accommodate the 5 foot side yard setback on Parcel # 1.
APPEAL .
. If you wish to appealthisType II Modification of Provisions decision, you must do so within 10 days of
I the date of this letter. Your appeal must be in accordance with the Springfield Development Code, Article
~ 15, APPEALS.. Appeals must be submitted on a City form and a fee of $250.00 must be paid to the City at
the time of submittal. The fee will be retum~d to the appelJant if the Planning Commission approves the
appeal applicatiop.. SDC3.080(8) States: "... In the ~vent of approval, action taken by the applicant
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prior to Development Approval before the 10 day appeal period has elapsed shall be solely at the
applicant's risk and expense. In the event of filing an appeal, the City assumes no liability or expense
if the development is ultimately terminated."
PREP ARED BY
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Kitti M. Gale
Planner I
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