ADJ25-004 Staff Decision - Laserfiche WebLink

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FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. 1. The property is designated Single Family Residential in the Salem Area Comprehensive Plan. The purpose of this designation and the corresponding Single-Family zone is to promote residential development at low densities. 2. The property is located in the unincorporated area of Salem, on the west side of 36th Ave NE, directly northwest of the intersection of 36th and Monroe Ave NE. The subject parcel is lots 9 and 10 in Thompson’s Addition- a legally platted subdivision as recorded in the book of town plats on Page 56 Book 14. It is therefore legal for land use purposes. 3. To the north, east, and south of the subject parcel are single family residential zoned parcels. The property directly west is within the City of Salem Planning jurisdiction, followed by the Interstate 5 freeway. 4. The applicant proposes to reduce the 12-foot side street setback to 1-foot along the southern property line and reduce the required 14-foot rear yard setback to 7-feet along western property line. 5. Various agencies were contacted with requests for comment. Marion County Building Department commented: “Permit(s) are required to be obtained prior to construction of the addition and utilities installation on private property. The setback of 1 foot to the line used for the right-of- way dedication is not a concern because the fire separation distance, as defined by the 2023 ORSC and described in ORSC R302.1 and Table R302.1, the fire separation distance is measured to the centerline of the adjacent street, Thorndale Rd NE, which will exceed 3 feet according to Table R302.1, thus fire rated construction on the proposed exterior wall is not required as presented.” City of Salem Planning Division commented: a. This property is designated SF (Single-Family) in the Salem Comprehensive Plan and would be zoned RS (Single-Family Residential) upon annexation, and therefore subject to the use and development standards of SRC Chapter 511. Any future development will have to meet the development standards of SRC Chapter 511.010 unless otherwise adjusted through future land use actions. b. No structures- including eaves- are allowed to project into the public right-of-way. The existing fence also appears to be located within the public right-of-way. Marion County Assessor’s Office provided information about the taxes on the subject property. 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 the setbacks will allow for the development of a home in an area of primarily single-family dwellings. There will be no significant adverse impacts on the adjacent residential uses. The criterion is met. b. The adjustment will not have a significant adverse affect upon the health or safety of persons working or residing in the vicinity; and The adjusted setbacks will allow an addition on a dwelling that will require permitting by Marion County Building Inspection to ensure the dwelling is built safely. Furthermore, the impact on traffic will not be of concern as Thorndale is a dead-end road with only two homes accessing off it. It can be determined that the adjustment will have no significant impact on persons working or residing in the area. The criterion is met.