ADJ25-001 Staff Decision - Laserfiche WebLink

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C. Any new utility service extensions originating within the public right-of-way to the property require additional permits from MCPW Engineering. All other agencies either failed to comment or stated no objection to the proposal. 6. In order to approve the adjustment, the criteria found in 16.41.030 MCC must be satisfied. These include: (a) The proposed development will not have a significant adverse impact upon adjacent existing or planned uses and development; and The proposed adjustment to permit an additional driveway will facilitate the development of an accessory dwelling unit in a zone where such units are outright permitted. This driveway will have effects comparable to typical residential improvements. Although the removal of trees and vegetation may affect the areas greenspace, it will not impact development or neighboring residential uses. There will be no significant adverse impacts on adjacent properties. The criterion is met. (b) The adjustment will not have a significant adverse effect upon the health or safety of persons working or residing in the vicinity; and The proposed driveway and ADU will require permitting by Marion County Building and Land Development and Engineering Permits to ensure the development is safe. The adjustment will allow for easier access to the ADU for emergency services to keep the future residents safe. No individuals living or working in the vicinity will be at risk for health or safety impacts. The criterion is met. (c) The adjustment is the minimum necessary to achieve the purpose of the adjustment and is the minimum necessary to permit development of the property for the proposed use; and The purpose of the proposed adjustment is to allow development of a driveway to access an ADU on the parcel. No other standards are being adjusted; the driveway is the minimum necessary to accommodate safe access to the permitted ADU. The criterion is met. (d) The intent and purpose of the specific provision to be adjusted is clearly inapplicable under the circumstances; or, the proposed development maintains the intent and purpose of the provision to be adjusted. This adjustment will uphold the intent of MCC 16.26.100 by creating a new curb cut, as expanding the existing one is not feasible. The current driveway is situated near the northern property line, requiring any expansion to occur to the north. However, the applicants indicate that northern access is impractical due to insufficient space for emergency services. Expanding the curb cut to the south would eliminate the curb along the entire house and front yard, posing safety risks for both homeowners and pedestrians. The existing driveway lacks adequate space for the new tenants, and providing access to the new development will minimize street parking in the neighborhood. Therefore, permitting a new curb cut instead of expanding the existing one aligns the intent and purpose of the provisions in MCC 16.26.100. The criterion is met. 7. Based on the above findings, it has been determined that the request satisfies all applicable criteria and is, therefore, APPROVED. Brandon Reich Date: March 19th, 2025 Planning Director/Zoning Administrator If you have any questions regarding this decision contact Gillian Peden at (503) 588-5038. Notice to Mortgagee, Lienholder, Vendor or Seller: ORS Chapter 215 requires that if you receive this Notice, it must promptly be forwarded to the purchaser.