ADJ25-007 Staff Decision - Laserfiche WebLink

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evidence in the application to suggest mitigation of adverse impacts, however during a site visit explained that they plan to add a gutter which would drain onto their own property. There is not enough evidence at this time to show that this development will not have a significant adverse impact on adjacent residential uses. The criterion is not 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 or safety of persons working or residing in the area. 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 carport in such a way that the applicant can pull their RVs into their backyard and under a covered area. There is not enough room in the side and rear yard to accommodate turning the RVs entering the structure if it were placed in a location properly set back from the property lines. While the proposed adjustment may be the minimum required for this specific proposal, it is not the minimum required for the development of the property for the proposed use of storing personal RVs. The applicant’s RVs could be stored in the rear yard without the carport structure. Multiple RVs and large carports are not a required components of a single-family zoned property developed with a single-family residence. There are commercial properties in the county that offer RV storage, both covered and uncovered. The criterion is not 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. The provision proposed to be adjusted is: MCC 16.28.030(A) “Structures in a rear yard in residential zones or the UD and UT zones shall not project above the following height limits: nine feet at the lot line, increasing one foot for each one foot of distance from the lot line to a maximum height of 20 feet. Roof drainage shall be accommodated within the confines of the property.” The purpose of this provision is to guide setbacks for accessory structures in the rear yard of residential properties in the urban area. The provision has two parts, the explanation of a setback that is larger for taller structures than shorter structures, and the requirement that any structure drains into the property on which it is constructed. The first aspect of this provision is intended to allow structures up to 9-feet tall at the lot line, where fences are allowed up to 8-feet tall. At this height and location, the 9-foot structure would project 1-foot above the fence line, causing minimal impacts on property as far as impacts on view from neighboring yard or sunlight that can reach the neighboring yard. As the height of a structure increases, the distance from the lot line increases by the same amount. The end result is that from a given vantage point, a 9-foot tall structure at the lot line and a 15-foot structure set 6-feet back from the lot line will have a similar effect on the view and ability of sun to reach a yard. The applicant explained that due to the location of the structure relative to the path of the sun, sunlight reaching the neighboring property is unaffected. The view from the yard is impacted, which is not consistent with the intent of the provision. The second aspect of the provision is the requirement for drainage to be accommodated within the confines of the property. The applicant explained a plan for adding a gutter and drain that would adequately contain the stormwater. At this time, there is no gutter and the drainage would not be accommodated within the subject parcel. The proposed adjustment does not maintain the intent and purpose of the setback provisions in the single- family zone. Reduction of the setback from approximately 6.5-feet to 5-inches has potential to significantly adversely affect neighboring properties. The criterion is not met. 7. Based on the above findings, it has been determined that the request does not satisfy all applicable criteria and is, therefore, DENIED. Brandon Reich Date: July 28th, 2025 Planning Director/Zoning Administrator If you have any questions regarding this decision contact John Speckman 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.