ADJ25-010 Staff Decision - Laserfiche WebLink

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1. The property is designated Developing Residential in the City of Salem Comprehensive Plan. The major purpose of this designation and the corresponding UT-5 (Urban Transition) zone is to provide areas for future residential development. 2. The property is located on the north side of Hazelgreen Rd NE, approximately 0.2 miles east of its intersection with Portland Rd NE. The subject parcel was originally created as Lot 40 in the Labish Gardens Subdivision and has remained in its current configuration since at least 1973 as described in Reel 73, Page 227 of the book of land records for Marion County. It is therefore legal for land use purposes. 3. Surround uses consist of UT-5 (Urban Transition) zoned parcels and many are developed with dwellings. Properties directly south of Hazelgreen Rd NE are within city limits. 4. The applicant proposes an adjustment to reduce the required 100-foot side and rear setback to 0-feet for farm animals and related farm structures. MCC 16.13.130 and 16.13.140 state, “…except farm animals and related farm structures or animal waste storage shall not be located closer than 100 feet from a side lot line abutting a residential zone.” 5. Various agencies were contacted with requests for comment. Marion County Code Enforcement commented that they are neutral about the proposed use and if approved, they would be able to close their case on this property. The City of Salem Planning Division commented: A. This property is designated DR (Developing Residential) in the Salem Comprehensive Plan and would be zoned RA (Residential Agriculture) upon annexation, and therefore subject to the use and development standards of SRC Chapter 510. Any future development must meet the development standards of SRC 510.010 unless otherwise adjusted through future land use actions. B. Under the SRC, the use is classified as Keeping of Livestock and Other Animals. Per SRC 510.005(a) Table 510-1, the RA zone requires a Conditional Use Permit for Keeping of Livestock and Other Animals uses when operation is not a resident’s private noncommercial use. Upon annexation, the use would be considered legal nonconforming and required to conform to SRC 270.005 (Nonconforming Uses). C. Per SRC 800.050(a)(1)(A), fences and walls within residential zones [...] shall not exceed a maximum height of eight feet; provided however: i. Fences and walls within a front yard abutting a street shall not exceed a maximum height of four feet when located within 20 feet of the property line abutting the street; provided, however, within ten feet of the property line abutting the street any portion of the fence or wall above 30 inches in height shall be less than 25 percent opaque when viewed at any angle at a point 25 feet away from the fence or wall. D. Per SRC Sec 800.050(c)(1), fences shall be constructed of materials specifically designed and manufactured for fencing purposes, including, but not limited to, wooden pickets, vinyl, wrought iron, and chainlink fencing, with or without plastic or wood slats. Materials not specifically designed as fencing material, including, but not limited to, corrugated cardboard, corrugated metal, plywood, wooden pallets, garage doors, concrete rubble, and other junked material, are prohibited. Chicken wire may be used within the Residential Agriculture (RA) Zone if used to raise livestock. E. Per SRC Sec. 800.050(d), Fences and walls shall not be constructed of or contain any material which will do bodily harm, such as electric or barbed wire, upturned barbed selvage, broken glass, spikes, or any other hazardous or dangerous material, except as follows: i. [...](2)(B)(i) Fences with barbed wire or upturned barbed selvage enclosing livestock shall be clearly posted with warning signs notifying persons of a dangerous fence. The signs shall be posted at an interval of not less than 15 feet.