PV25-012 Staff Decision - Laserfiche WebLink

Home Browse Search

As elaborated under criterion #1 above, the applicants were required as a condition of approval for SUB21-002 (Condition #3B) to close all direct access to Cloverdale Rd and consolidate traffic from the development onto Donald Ln. In comments received by staff from Marion County LDEP for this application, they remained consistent, noting a requirement for the development is to ensure all access is off Donald Ln. Due to this specific requirement by Marion County LDEP, there is a specific, unusual condition that applies to this site which necessitates a variance to the specific standard outlined under MCC 17.110.800. 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 applicants are requesting to vary the standard by 1 parcel, which is the minimum possible. The criterion is met. 4. The variance will not have a significant adverse affect on property or improvements in the neighborhood of the subject property; and The applicant states that the proposed additional lot will have a minimal impact on the property and access easement improvements because the proposed additional lot is the closest to the connection of Donald Ln to Cloverdale Dr. As such, the people accessing this parcel will cross the least amount of Donald Ln, meaning their trips will impact the improved easement surface less than the other lots. Additionally, the applicant is proposing to develop the property with a single-family dwelling, which is unlikely to generate traffic, pollution, or other disturbances that would constitute a significant adverse affect, assuming typical residential levels. Therefore, the criterion is met. 5. The variance will not have a significant adverse affect upon the health or safety of persons working or residing in the vicinity; and Similar to the criterion section above, the addition of one single-family dwelling accessing off Donald Ln is unlikely to significantly impact the health and safety of persons working or residing in the vicinity, as the proposed use is to develop the lot with a dwelling. The reasonably anticipated levels traffic, pollution, or other threats to health and safety generated by a single-family dwelling are minimal assuming the development complies with all relevant safety and engineering standards. Therefore, the criterion is met. 6. The variance will maintain the intent and purpose of the provision being varied. The intent and purpose of the provision limiting the number of dwellings that take access to a public street off a private road easement is primarily for safety. Since private road easements are not maintained by the County, the quality of the surfacing, repairs, or clearing of obstructions is the responsibility of those subject to the easement agreement. In this situation, the applicants’ proposal increases the number of dwellings utilizing Donald Ln by one dwelling. As addressed in the preceding two criteria, the additional dwelling is unlikely to create a safety hazard through increased degradation of the private road improvements or through the impacts that a single family dwelling is reasonably anticipated to generate. Therefore, the proposed variance still maintains the purpose and intent of the provision. The criterion is met. 9. Based on the above findings, the proposed partition complies with the applicable criteria and is, therefore, APPROVED. Brandon Reich Date: May 27th, 2025 Planning Director/Zoning Administrator If you have any questions regarding this decision contact Alexander Seifer 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.