ADJ25-013 Staff Decision - Laserfiche WebLink

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engineer, since the use of the structure is proposed to be changed from an accessory utility use to habitable, increasing life safety and structural concerns. The Marion County Tax Accessor commented about potential tax liabilities. Polk County Fire District No. 1: Requested more information about the applicant’s driveway and provided a copy of the Oregon Fire Code Application guide specifications. The information is in the casefile. All other contacted agencies either failed to comment or stated no objection to the proposal. 7. In order to approve the adjustment, the criteria found in Chapter 17.116.020(A) of the Marion County Code (MCC) must be satisfied. These include: 1. The proposed development will not have a significant adverse impact upon adjacent existing or planned uses and development; and All the structures are already present on the property and have been for some years, this will not and has not created a significant adverse effect on adjacent or existing uses. The majority of the lots are in use as small acreage residential homesites. As discussed in the applicant statement, the primary dwelling on the property is over 100 feet away (114’). The criterion is met. 2. The adjustment will not have a significant adverse affect upon the health or safety of persons working or residing in the vicinity; and This adjustment will allow for normal residential use that will not have any adverse effect on the health or safety of persons in the area. The area chosen is out of the identified geological hazard areas and in an area that is relatively flat that will not impede the driveway access to the property. The criterion is met. 3. 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 asking to permit the existing structure to be converted to a guest facility. This will avoid any additional development on the property and avoid the septic system, drainfield, and avoid disrupting additional vegetation and infrastructure on the property. The 14-foot adjustment to the standard is the minimum necessary for the adjustment. The criterion is met. 4. 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 development maintains the intent of the zone by preserving the as much of the undisturbed land as possible and limiting the development to the 600 square foot maximum for a guest house. The criterion is met. Guest facility regulations are set forth in 17.126.020 Permitted secondary and accessory structures and uses, (9): 9. Guest facilities, not in a primary dwelling unit, provided: a. Only one guest facility is allowed per contiguous property ownership; and b. Total combined maximum floor area shall not exceed 600 square feet, including all levels and basement floor areas; and c. No stove top, range, or conventional oven is allowed; and d. All water, sewer, electricity and natural gas services for the guest facility shall be extended from the primary dwelling services; no separate meters for the guest facility shall be allowed; and