V25-011 Staff Decision - Laserfiche WebLink

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Lot 6 of the Goudy Gardens Subdivision and is considerably smaller in size (.70-acres) than the surrounding parcels. This configuration has existed prior to land use planning, making the property non-conforming and below the minimum required parcel size of 80-acres. The size of the property and the configuration of its boundaries create practical difficulties for the placement of accessory structures. Surrounding parcels do not face these challenges, as they possess sufficient acreage for dwellings and multiple accessory structures. The criterion is met. b. There are unusual circumstances or conditions applying to the land, buildings, or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings, or uses in the 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 The configuration of the dwelling and septic system was established before the adoption of State and Marion County land use regulations. As previously stated, the layout of the southern portion of the property complicates the placement of accessory structures. These unusual circumstances have existed for decades, as the original manufactured home sits approximately 4-feet from the property line. Additionally, the discovery of a property line dividing the northern and southern portions of the property further exacerbates these unusual circumstances, which must be addressed prior to the issuance of building permits. 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 7-feet would be the minimum necessary to permit the construction of the addition to the personal shop without modification of the land or septic system. The criterion is met. d. The variance will not have a significant adverse effect on property or improvements in the neighborhood of the subject property; and The proposed variance would place the structure closer to the western property line. The applicants assert that this will not adversely affect the neighborhood, as the adjacent property to the west is undeveloped in this area and there is no intensive land use along this shared boundary. They also confirm that the proposed addition is intended solely for personal storage, which is not anticipated to significantly impact the property or the neighborhood. The criterion is met. e. The variance will not have a significant adverse effect upon the health or safety of persons working or residing in the vicinity; and The proposed addition to the accessory structure will be required to meet building code requirements, which may be more stringent than zoning code requirements, for health and safety reasons. A 7-foot setback will still allow for space between the structure and property line to maintain open area. The criterion is met. f. The variance will maintain the intent and purpose of the provision being varied. The variance will still maintain the intent and purpose of the setback requirements (“yard” requirements) in the code. The standard EFU property line setbacks will still apply to the rest of the property to maintain the intent and purpose of the provisions in the code. Any further encroachment of the standard 20-foot setbacks will require land use approval. The criterion is met. Based on the above findings, the applicants’ proposal meets the criteria for a variance. The variance request is, therefore, APPROVED. Brandon Reich Date: September 2nd, 2025 Planning Director/Zoning Administrator If you have any questions regarding this decision contact Gillian Peden 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.