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V25-001 Staff Decision
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V25-001 Staff Decision
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Last modified
2/28/2025 12:20:39 PM
Creation date
2/28/2025 12:20:56 PM
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Land Use
Case_Number
25-001
Document_Date
2/28/2025
Tax_Lot_Number
072W33A003000
Document_Type
Decision
Site_Address
6140 STATE ST
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zoning standards was not possible, which does constitute an unusual circumstance to the building. The criterion is <br />met. <br /> <br />(c) The degree of variance from the standard is the minimum necessary to permit development of the <br />property for the proposed use; and <br /> <br />The proposed setback of 14 feet would place the setback just in front of the exterior wall of the addition, just <br />enough to accommodate the proposed development and nothing additional in that direction. The criterion is met. <br /> <br />(d) The variance will not have a significant adverse affect on property or improvements in the neighborhood <br />of the subject property; and <br /> <br />The subject property is located in a rural area with no dwellings within 300 feet of the area where the proposed <br />addition would be built. An addition onto an existing residence that does not immediately abut a neighboring <br />property will not have a significant adverse effect on property or improvements in the neighborhood. The criterion <br />is met. <br /> <br /> (e) The variance will not have a significant adverse affect upon the health or safety of persons working or <br />residing in the vicinity; and <br /> <br />An addition of a new room onto a dwelling does not pose significant adverse effects to health and safety to the <br />people living and working in the vicinity. The new addition would not create a vision clearance hazard as it is <br />already behind sight obstructing vegetation. The criterion is met. <br /> <br />(f) The variance will maintain the intent and purpose of the provision being varied. <br /> <br />The provision the applicant requests to vary are the required setbacks from property lines. The intent and purpose <br />of property line setbacks, specifically those along a public road right of way, are twofold. First, setbacks are a <br />safety measure for drivers and occupants of the residence because they reduce the risk of a car crashing into an <br />occupied building—particularly a bedroom at night, when a sleeping resident is least capable of reacting to <br />prevent injury. The addition the applicant proposes to construct onto their existing dwelling is a living room that <br />wouldn’t be as frequently occupied at night when the risk of an accident is greatest, so the risk to safety is <br />minimized. This meets the intent of safety.The second purpose is to allow ample space for future right of way <br />expansions. Setting dwellings farther from the road means the county does not have to purchase (and demolish) <br />dwellings to provide necessary infrastructure upgrades. 62nd Ave is identified in the Marion County Rural Road <br />Functional Classification as a minor collector and currently has a dedicated right of way size of 90 feet at the <br />point where the addition is proposed . Per MCC 17.112.020.F.1 minor collectors have a special setback of 30 feet <br />measured from the center of the right of way in addition to the standard zone setback of 20 feet, functionally a 50 <br />foot setback from the center of the right of way. The proposed adjustment would site the new addition at least 59 <br />feet from the center of the right of way, which still meets the special setback meant to ensure room for future right <br />of way expansions. As a result, both purposes of the provision are still satisfied by the proposal. The criterion is <br />met. <br /> <br /> 7. Based on the above findings, the applicant’s request meets all applicable criteria and is, therefore, APPROVED. <br /> <br /> <br />Brandon Reich Date: February 28th, 2025 <br />Planning Director <br /> <br />If you have any questions regarding this decision contact Alexander Seifer at (503) 588-5038 <br /> <br />Notice to Mortgagee, Lienholder, Vendor or Seller: ORS Chapter 215 requires that if you receive this Notice, it must <br />promptly be forwarded to the purchaser.
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