V25-013 Staff Decision - Laserfiche WebLink

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6. In order to obtain a variance the proposal must meet the criteria in found in Section 17.122.020 of the Marion County Rural Zone Code (MCC). These criteria are: (a) There are unnecessary, unreasonable hardships or practical difficulties which can be relieved only by modifying the literal requirements of the ordinance; and The applicants state that the specific location of the proposed structure is necessary due to a confluence of other physical and administrative restrictions. The applicants explain that due to required distances from their septic drainfield, and the setbacks to Jory Hill Rd, the proposed location is the best and only location that will allow them to site the proposed structure. The applicants demonstrate on their submitted site plan the location of their well, neighbor’s well, their existing drainfield, and the required replacement area for their drainfield. They also include their current setbacks to these features. Lastly, they explain that this location puts the access to the garage of the less travelled and lower speed Elmhurst Ave instead of Jory Hill Rd, making the entrance point safer for traffic on the road and for the property owners. With this confluence of factors, the applicants have shown that there are a number of practical difficulties in siting this type of garage structure elsewhere on the pr operty and why varying the literal setback requirements is the only way to accomplish the proposed development. Therefore, 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 applicants state several reasons why there are unusual circumstances applying to the subject property. First, they state that the proposed location is the flattest portion of the parcel and requires the least amount of excavation to construct the structure. Second, the proposed location will site the structure the furthest away from the Jory Hill Rd and Elmhurst Ave intersection as possible. While Jory Hill Rd is straight at the intersection point, there are existing visibility issues caused by the hills on Jory Hill Rd that reduce visibility of traffic at the intersection. The proposed location ensures that the structure has the least possible impact on the safety of the intersection as opposed to other possible locations on the parcel. Third, the location of the drainfield, applicants’ well, and the neighbor’s well limit the location areas for the structure, forcing it closer to the Elmhurst Ave right -of-way (ROW) than is normally permitted. Finally, Elmhurst Ave is a dead end road that has limited traffic, meaning the risk of a structure being hit by an out of control car are greatly reduced, so locating a structure closer to the road than normally permitted wouldn’t increase the safety risk. With this combination of factors at play, the applicants have demonstrated that their parcel does have unusual circumstances that apply toward the location of the proposed structure. Therefore 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 applicants have stated that the foundation slab for the proposed structure is already in place at the proposed distances to the property lines. While not a reason for allowing a variance to the standards, they have stated that they do not wish to go further than the points at which the foundation is at and that they made measurements using this foundation as a reference point. As such, the applicants’ can use the in place foundation slab to show how their proposal is the minimum necessary to accomplish the proposed locating of the structure. The criterion is met. (d) The variance will not have a significant adverse affect on property or improvements in the neighborhood of the subject property; and There are several reasons that the applicants’ provided as to why locating the structure as proposed will not have an adverse effect on property or improvements in the neighborhood. First, the structure is fully engineered and does not have a risk of falling down onto the neighbor’s property. The structure is also not tall enough that even if it were to fall it would not be at risk of destroying any neighboring buildings. Second, the building will not