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proposed adjustment is the minimum that would permit development of an accessory structure which would otherwise be permitted in the zone. 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. 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 the view from a neighboring yard or sunlight that can reach a 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 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. By moving the structure at least three-feet from the south adjacent property line, there will be adequate space to accommodate this drainage system, and any potential spillover. The proposed adjustment will maintain the intent and purpose of the setback provisions in the single- family zone. Reduction of the setback from approximately 6.5-feet to 3-feet will not significantly adversely affect neighboring properties. The criterion is met. 7. Based on the above findings, it has been determined that the request, as reconsidered, satisfies all applicable criteria and is, therefore, APPROVED. Brandon Reich Date: August 25th, 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.