V25-009 Staff Decision - Laserfiche WebLink

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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 stated above, the parking area that is being served by the parking structures is already in place and reconfiguration would be unreasonable in this situation. The criterion is met. (c) The degree of variance from the standard is the minimum necessary to permit development of the property for the proposed use; and The applicant has stated that the proposed variance from the EFU setback of 20-feet to a setback of 1-foot along the west property line would be the minimum necessary to permit the construction of the accessory structures without modification of the land or reducing the parking and loading area. The criterion is met. (d) The variance will not have a significant adverse affect on property or improvements in the neighborhood of the subject property; and The western property line of the subject property borders Treco Ln, the access easement to the nursery facility. The portion of the neighboring property on which the easement is located is a flag lot style access, comprised only of the developed access easement. This provides a buffer to other neighboring uses that is larger than the required 20-foot setback—the access easement width is closer to 30 feet. The proposed structures are not tall enough that they would shade out the neighboring farm fields, will not be inhabited, will not produce pollution, or generate any other deleterious impacts on the neighboring properties. The criterion is met. (e) The variance will not have a significant adverse affect upon the health or safety of persons working or residing in the vicinity; and The western property line of the subject property borders the access easement Treco Ln, which is the access point for the nursery facility. This portion of Treco Ln is almost exclusively used for access to the nursery and is not utilized to access any dwellings or additional development. This means that traffic using Treco Ln is very limited and almost all the traffic would pull off Treco Ln before passing the proposed structures. Due to this, the close proximity of the proposed structure to the access easement is unlikely to cause a safety issue to traffic. Lastly, the structure is essentially a carport with a solar panel roof, which are structures that generally don’t pose a risk to health and safety. The criterion is met. (f) The variance will maintain the intent and purpose of the provision being varied. The intent of the setbacks to property lines in the EFU zone is to reduce conflicts between non-farming related structures and neighboring farm operations. In this situation, there is a 30-foot wide paved access easement between the proposed carport structure and the closest farming operation to the west property line. This easement sufficiently buffers the neighboring use to the carport structure. As such, the variance still is able to maintain the intent and purpose of the setback provision despite the significant variance to the normal standard. The criterion is met. 8. Based on the above findings, the applicant’s request meets all applicable criteria and is, therefore, APPROVED. Brandon Reich Date: July 25th, 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.