ADJ25-003 Staff Decision - Laserfiche WebLink

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A public hearing is held on appeals subject to the appellant paying a $250.00 fee. Appeals must be in writing (form available from the Planning Division) and received in the Marion County Planning Division, 5155 Silverton Rd. NE, Salem by 5:00 p.m. on May 19th, 2025. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective on May 20th, 2025, unless appealed. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. l. The property is designated Single Family Residential in the Salem Area Comprehensive Plan. The purpose of this designation and the corresponding RS zone is to provide areas for development on single-family dwellings. 2. The property is located at the northeast corner of the block of houses created by Meadow Park Lp NE. The parcel is developed with a single-family dwelling and the rest of the lot is landscaped. The property was originally created as Lot 7 of Block 2 in the Meadow Park Village subdivision on March 25th, 1976 and has not since changed its configuration. Therefore, the parcel is legal for land use purposes. 3. Surrounding uses are predominantly single-family dwellings, as all properties within roughly 400 feet are developed as single-family residences. 500 feet further on to the southwest is Salem Lutheran Brethren Church and various properties engaged in commercial activities. Additionally, roughly 800 feet to the south and the east are properties developed with multi-family housing. The last remaining feature of note is the I-5 and Highway 99E interchange 1000 feet to the west. 4. The applicant proposes to reduce the minimum 12-foot setback to a side yard abutting a street for an accessory dwelling unit to 5 feet. 5. Various agencies were contacted about the proposal and given an opportunity to comment. City of Salem Planning commented: “The property is designated SF in the Salem Area Comprehensive Plan, and would be zoned RS (Single Family Residential). ADUs are permitted as accessory uses to a single-family use and allowed within a side or rear yard abutting a street. The minimum setback from the property line abutting the street would be 12 feet. The reduced setback should be measured from the property line, not the fence line. The fence appears to be within the right-of-way.” Public Works Land Development and Engineering Permits (LDEP) requested that the following be included in the land use decision. Requirements: A. Transportation-related System Development Charges (SDCs) and Parks fee will be assessed at the time of application for building permits. Marion County Building commented: “Permit(s) are required to be obtained prior to the construction of a new ADU structure and/or utilities installation on private property. If the building is existing, a permit would also be required to change the use to an accessory dwelling, which additional construction or alterations to the existing structure may be necessary to achieve the structural, health, and life safety provisions of the 2023 Oregon Residential Specialty Code.” All contacted 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 (b) The adjustment will not have a significant adverse affect upon the health or safety of persons working or residing in the vicinity; and (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