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ADJ25-004 Staff Decision
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ADJ25-004 Staff Decision
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Last modified
5/5/2025 12:26:18 PM
Creation date
5/5/2025 12:26:34 PM
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Land Use
Case_Number
25-004
Document_Date
5/5/2025
Land Use Type
Adjustment
Tax_Lot_Number
072W30BC05100
Document_Type
Decision
Site_Address
453 36TH AVE NE SALEM
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c. The adjustment is the minimum necessary to achieve the purpose of the adjustment and is the minimum <br />necessary to permit development of the property for the proposed use; and <br />The purpose of the proposed adjustment is to allow an addition to dwelling on the subject parcel. The <br />parcel is approximately 111 feet by 90 feet, with the house taking up most of the area. This adjustment is <br />necessary to avoid relocating the gas meter and still maintaining yard space in the side and rear. The <br />reduction to the western and southern setbacks is the minimum necessary to permit the proposed <br />development. The criterion is met. <br />d. The intent and purpose of the specific provision to be adjusted is clearly inapplicable under the <br />circumstances; or, the proposed development maintains the intent and purpose of the provision to be <br />adjusted. <br />This adjustment will maintain the intent of MCC 16.15.120-150, as the changes in setbacks will be <br />compensated by other areas of the property. The existing home is approximately 32-feet from the rear <br />property line, as shown on the site plan. The difference between the current and proposed setbacks <br />exceeds the required 14-foot setback, ensuring adequate rear yard space. Additionally, the pre-existing <br />fence along the side yard already intrudes on the southern property line adjacent to Thorndale Rd NE. <br />Adjusting the setback to 1 foot will not exacerbate this non-conformity, as the structure will remain <br />within the non-conforming fence. Thus, modifying the side and rear setbacks to facilitate the proposed <br />development aligns with the provisions of MCC 16.15.120-140, given that the property is sufficiently <br />enclosed by a fence and ample yard space will remain. The criterion is met. <br />7. Based on the above findings, it has been determined that the request satisfies all applicable criteria and is, <br />therefore, APPROVED. <br /> <br />Brandon Reich Date: May 5th, 2025 <br />Planning Director/Zoning Administrator <br />If you have any questions regarding this decision contact Gillian Peden at (503) 588-5038 <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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