PV25-013 Staff Decision - Laserfiche WebLink

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contrast with their background and shall be a minimum of 4 inches height with a minimum stroke width of ½ inch. 2022 OFC 505. j. Gates: Gates securing fire apparatus roads shall comply with all the following:(2022 OFC D103.5) i. Minimum unobstructed width shall be 16 feet. ii. Gates shall be set back a minimum of 30 feet from the intersecting roadway. iii. Gates shall be of the swinging type or sliding type. iv. Manual operation shall be capable by one person. v. Electric gates shall be equipped with a means for operation for fire department personnel. vi. Locking devices shall be approved Marion County Building Inspection commented: “No Building Inspection concerns. Permit(s) are required to be obtained prior to development of structures and/or utilities installation on private property.” Marion County Septic commented: “A site evaluation is required for both proposed 2-acre parcels and an Existing System Evaluation is required on the proposed 4-acre parcel to verify a 10’ setback to property lines and verify there is room for a repair system on the property.” Marion County Tax Assessor provided information regarding taxes on the subject property. All other contacted agencies either failed to comment or stated no objection to the proposal. 6. There are no specific approval criteria for partitioning property in the AR zone. MCC 17.128.070 requires a minimum lot size of two acres. Each of the parcels resulting from the proposed partition would meet this standard. The criterion is met. 7. Marion County Code 17.110.800 limits the number of dwellings served by a private road. The applicant is requesting that two additional dwellings be served by Happy Valley Way SE. The director may permit and authorize a variance to allow more than four dwellings be served by a private road when it appears from the application and facts presented that the proposal satisfies the variance criteria listed in MCC 17.122.020: A. There are unnecessary, unreasonable hardships or practical difficulties which can be relieved only by modifying the literal requirements of this title; and The only access to the subject property is off Happy Valley Wy SE. There is no direct access to a public roadway. The applicant states that the granting of this variance will effectively utilize this residential land and will keep development from encroaching on nearby resource zones. Without the variance to MCC 17.110.800, the applicant would not be able to partition and develop the land to the maximum density allowed by the AR zone. The criterion is met. B. 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 As previously stated, the AR designation for this neighborhood is intended for use with acreage homesites. Marion County approved the partitioning of this land under Partition Plat P95-059 through land use case P94-051. At the time, due to existing development in the area, there was no opportunity to expand any public roadway for access to the newly created parcels. A private roadway, Burton Pl SE, had already been established, eliminating the possibility for a public roadway on Burton Place SE; therefore, Happy Valley Wy SE was created. This situation presents an unusual circumstance concerning the amount of partitionable land on the subject parcel, which can only be addressed through the granting of a variance. The development goals for the area and the code limiting access to more than four homes are in contradiction, a situation that was established during the original subdivision of the neighborhood. The most reasonable option for development is to permit a variance to MCC 17.110.800. The criterion is met.