ADJ25-005 Staff Decision - Laserfiche WebLink

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2. The property is located on the south east side of Cherokee Drive South on the corner with Deerfield Drive. This is approximately 300 feet east of the intersection with Agusta National Drive South. The property contains a single- family home built in 1991 and was platted as part of the Illahee Hills Estates Number 2 Subdivision (Survey Plat S31-042, 1977) and is therefore considered legal for land use purposes. 3. Surrounding uses are residential in all directions as this area is a developed subdivision with most homes being built in the 1960’s through the 2010’s. All adjacent lots are a similar size and shape and developed with single family homes. 4. The applicant proposes to reduce the rear yard setback from 14 feet to 5 feet for a covered patio located in the rear yard of a single-family parcel. 5. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Building Department commented: Permit(s) are required to be obtained for the proposed patio cover prior to beginning construction. The site plan submitted with adjustment application 25-005 identifies 5 feet from the closest lot line, however, if any portion of the patio cover, including eaves and overhangs, is less than 3 feet to the adjoining lot line, additional fire resistive materials may be required to be installed according to 2023 ORSC R302.1. All other commenting agencies 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 applicants are on a corner lot and the house was built closer to the rear property line than allowed by current code. The reduction of this setback is not expected to cause any adverse impacts on uses in the area. The use is for a patio cover which will be built after the issuance of building permits. This will ensure that the structure meets building and fire codes. 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 reduction of this setback is not expected to have any adverse impacts on the health of safety of persons working or residing in the area. The use is for a patio cover which will be built after the issuance of building permits. This will ensure that the structure meets building and fire codes. The criterion is met.. (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 This adjustment is the minimum necessary to accommodate the patio cover and to cover the top of a set of existing external basement stairs. This adjustment still maintains separation between the lots. The criterion is met. (D) The intent and purpose of the specific provision to be adjusted is clearly inapplicable under the circumstances; or, the proposed development maintains the intent and purpose of the provision to be adjusted. This adjustment still maintains the intent of the setback provision by maintaining a 5-foot setback which will avoid the need for further fire hardening building techniques. The criterion is met. 7. Based on the above findings, it has been determined that the request satisfies all applicable criteria and is, therefore, APPROVED. Brandon Reich Date: June 12th, 2025 Planning Director/Zoning Administrator If you have any questions regarding this decision contact George Brandt 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.