ADJ25-007 RECONSIDERATION - Laserfiche WebLink

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l. The property is designated Single Family Residential in the Salem Area Comprehensive Plan. The purpose of this designation and the corresponding Single-Family zone is to promote residential development at low urban densities. 2. The property is located on the east side of 46th Avenue approximately 450-feet south of the northern terminus at Japonica St NE. The property was platted as lot 5 in block 6 of the Parkdale Addition No. 2 in northeast Salem. Having been created by this subdivision in 1960 (Survey Plat S24-049) and remaining it the same configuration since then, the subject parcel is considered legal for land use purposes. 3. Surrounding uses are residential in all directions as this area is a developed subdivision in the Hayesville Neighborhood area of Salem. All adjacent lots are a similar size and shape and developed with single family homes. 4. The applicant proposes to reduce the setback for a 15.5-foot-tall accessory structure from 6.5-feet to 3-feet for a carport located in the rear yard of a single-family parcel which is intended to cover two recreational vehicles (RVs). This proposal is a reconsideration request to reduce the setback to 5-inches was denied. 5. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Building Department commented: “Permit is required to be obtained as the structure exceeds the size limitations for structures exempt from structural permits according to 2023 ORSC R105.2. The building will have to be evaluated for fire separation distances to property lines, which since it’s identified as less than 3 feet to adjacent property lines, fire resistive construction may be required on those sides less than 3 feet to adjacent property lines according to ORSC R302.1.” Marion County Code Enforcement commented in support of the application to resolve a code complaint. 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 subject property is a quarter-acre lot in a neighborhood of similar sized lots with similar sized homes and similar sized yards. The location of the accessory structure is adjacent to two properties. The adjacent property to the south has an accessory structure in the same area as the carport the applicant seeks an adjustment for. The proposed adjustment would permit the placement of this structure 3-feet from the southern adjacent lot. This distance will allow sufficient space to accommodate for stormwater runoff collection and dispersal from the accessory structure. The applicant explained during a site visit that they plan to add a gutter which would route runoff to provide water to landscaping on their own property. Additionally, the three-foot distance will be spaced at least as much as required by Marion County Building and therefore have no adverse effects on future replacement of the fence, or construction/replacement of an accessory structure on the southern adjacent property. The potential aesthetic impacts of any accessory structure are subjective, but at 3-feet away from the southern property line, the proposed location will not create a significant adverse impact on the south adjacent property. 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 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. Multiple RVs and large carports are not required components of a single- family zoned property developed with a single-family residence, but for this specific use case this