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BOC DECISION (644)
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BOC DECISION (644)
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Last modified
6/21/2017 1:30:37 PM
Creation date
10/30/2024 3:54:23 PM
Metadata
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Template:
Land Use
Case_Number
11-001
Document_Date
8/17/2011
Land Use Type
Zone Change
Tax_Lot_Number
072W07DC00401
Document_Type
Decision
Site_Address
4465 BLUEBERRY LN NE
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of the assumption. Partition plat 99-99 created three UD zoned <br />parcels. One parcel fronts 45u' Avenue, so under UD zoning, only two <br />dwellings, one on each of the other parcels, would use the access <br />easement. The property was. divided under'UD zoning and the easerhent <br />was sufficient under IID zoning. <br />Based on the above analysis, the hearings officer finds there is <br />.not substantial evidence in'the record to find that it is more <br />likely than not that four-plex development will not have a <br />significant adverse impact upon adjacent existing or planned .uses <br />and development. MCC 16.41.030(A) is not met. <br />12. As noted above, the proposed adjustment to allow six rather than <br />four dwellings off of a private -roadway would increase the <br />likelihood that residents or visitors would park in the roadway or <br />in the designated turnaround area, inhibiting the flow of traffic <br />and restricting emergency vehicle access. .The ,hearings officer <br />finds there is not substantial evidence in the record to find it <br />more likely than not that the proposed adjustment will.not have a <br />significant adverse effect upon the health or safety, of persons <br />working or .residing in the vicinity of the development. MCC. <br />16.41.030 (B) . is not met. <br />13. The adjustment may be the minimum necessary to develop the property <br />with a four -plea but it is not the minimum needed to develop the <br />property with a multi. family duplex use. Applicants' desired <br />intensity of use should not dictate the need for the adjustment. In <br />Wentland v. City of .Portland, 22 Or LUBA 15, 24--26 (1991), LUBA <br />found.that the unnecessary hardships or practical difficulties . <br />variance standard is not met simply because the particular <br />intensity of use applicants propose would otherwise be frustrated. <br />The hearings officer believes the same can hold true for this <br />adjustment. standard, and that the adjustment is not. the minimum. <br />necessary to -achieve the purpose of the adjustment or the minimum <br />necessary to.permit development of the property for the proposed <br />use - multiple family residential development. MCC 16.41,030(C) is <br />not met. <br />14. MCC chapter 16.27 contains no purpose statement. But,' the purpose <br />.of the private roadway.provision was adduced above to be.a. safety <br />and road maintenance issue—The more dwellings using a substandard <br />access, the greater the chance of problems with unmitigated wear <br />and tear on the road and the greater_ probability of vehicle to <br />vehicle and vehicle to pedestrian' conflicts and interference -with <br />emergency vehicle: access. The intent and purpose of the specific <br />provision to be adjusted. is -mot clearly inapplicable under the <br />circumstances, and the proposed development does not maintain the <br />intent and purpose of the provision to be. adjusted. MCC <br />16.41.030(D) is not met. <br />
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