ADJ25-008 Staff Decision - Laserfiche WebLink

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Marion County Building commented: “Permit(s) are required to be obtained to convert an existing structure to a dwelling. Based on the photos and site plan submitted with Adjustment Application 25-008, a continuous foundation and exterior wall fire rated construction may be needed to obtain compliance with the 2023 Oregon Residential Specialty Code prior to occupancy.” Marion County Fire District No. 1 commented: “This project must meet the following code requirements per Marion County Fire District No. 1: 1. Premise identification: Buildings shall have address numbers or approved identification placed in a position that is plainly legible and visible from the access road fronting the property. Numbers shall contrast with their background and shall be a minimum of 4 inches height with a minimum stroke width of ½ inch. (2022 OFC 505.1)” All other contacted agencies either failed to comment or 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 Parcels within the RS zone are permitted up to 1 ADU on a property with an existing primary dwelling. They are a common occurrence in urban settings and can exist in single-family residential neighborhoods without adversely impacting adjacent uses, so the proposed use in not inherently disruptive. The proposed ADU is 11 feet tall and only 1 story according to the submitted plans, so it is unlikely to shade out any neighboring properties or allow future occupants to invade the privacy of neighboring parcels. Lastly, the property line to which the setback is being adjusted abuts and unusually large and weirdly shaped parcel that almost surrounds the cul-de-sac. The point the subject parcel abuts against is a portion of that neighboring parcel that is highly unlikely to be developed, as it is an unusually narrow portion of the lot. This further reduces the potential for adverse impacts. Based on these factors, the proposed development is unlikely to have significant adverse impacts upon adjacent existing or planned uses and development. 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 proposed use is an ADU, which is a common use within the RS zone that is unlikely to cause significant adverse effects on health or safety, so long as the development is done in compliance with building and sanitation codes. The current ADU situation was conducted without proper permits, so by bringing the development into compliance with required sanitation codes, the current public health/sanitation issues existing on the property (as outlined in the comments from Marion County Code Enforcement) will be alleviated and prevented going forward. 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 The subject property is shaped in such a way that there are limited spaces in which an ADU can be located. Requirements for fire separation between structures on a parcel reduce the buildable backyard area beyond just the physically open space, which is already only about 22 feet. The proposal sites the ADU in a location where there is sufficient room between the main dwelling and the ADU and would only require a property line setback reduction to 3 feet (from 5 feet) for most of the ADU. However, the west corner of the subject property curves inward as it approaches the side property line and makes that portion slightly narrower, to a 1-foot separation from the proposed ADU location. The 1-foot setback is the minimum necessary to fit the ADU in the proposed location. As such, 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.