V25-004 Staff Decision - Laserfiche WebLink

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The subject property is zoned EFU and has setbacks of 20-feet for all structures except ag-exempt structures. The parcel is in farm use and is much smaller at 21.23-acres than the minimum 80-acre size for EFU parcels. It is in use as a rural homesite with active agricultural activities similar to the parcels adjacent to the north, east, and south. It was created prior to land use planning and the original dwellings were sited prior to land use planning. The land immediately surrounding the current homesite is actively being farmed. The criterion is met. 2. There are unusual circumstances or conditions applying to the land, buildings, or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings, or uses in the same zone; however, nonconforming land uses or structures in the vicinity or violations of land use regulations or standards on the subject property shall not in themselves constitute such circumstances or conditions; and The configuration of the dwelling and septic system were established before the adoption of State and Marion County land use regulations. There is a required 30-foot half width right-of-way for Juniper St NE and an additional 20-foot property line setback for the EFU zone. The dwelling’s proximity to Juniper St NE means that the request for a variance to the 20-foot property line setback preserves the future ROW for the road and meets the definitions in this section. The criterion is met. 3. The degree of variance from the standard is the minimum necessary to permit development of the property for the proposed use; and The applicant has stated that the proposed variance from the EFU setback of 20-feet to a setback of 8-feet would be the minimum necessary to permit the construction of the replacement dwelling without modification of the land or septic system. The criterion is met. 4. The variance will not have a significant adverse effect on property or improvements in the neighborhood of the subject property; and The proposed variance would place the replacement dwelling closer to the road but maintain the Juniper ST NE’s right-of-way. Due to the parcel’s existing accessory structures, location of the septic system, and proposed replacement dwelling, the proposed variance is sufficient to accommodate the property owner’s needs but retain sufficient buffer from the adjacent road. This is not expected to have a significant adverse effect on the property or to the neighborhood. The criterion is met. 5. The variance will not have a significant adverse effect upon the health or safety of persons working or residing in the vicinity; and The proposed replacement dwelling will be required to meet building code requirements, which may be more stringent than zoning code requirements, for health and safety reasons. An 8-foot setback will still allow for space between the structure and property line to maintain open area. The criterion is met. 6. The variance will maintain the intent and purpose of the provision being varied. The variance will still maintain the intent and purpose of the setback requirements (“yard” requirements) in the code. The majority of the parcel will still have the standard EFU property line setbacks to maintain the intent and purpose of the provisions in the code. The criterion is met. 8. Based on the above findings, the applicants’ proposal meets the criteria for a variance. The variance request is, therefore, APPROVED. Brandon Reich Date: May 5, 2025 Planning Director/Zoning Administrator If you have any questions regarding this decision contact George Brandt at (503) 566-3981. 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.