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impede the sight distance of cars at an intersection, which is one of the biggest safety concerns when locating a <br />structure close to a ROW line. Third, the building is on the flattest portion of the property, meaning there is no <br />risk of land destabilization. Finally, the structure is outside of any future ROW expansions. The Elmhurst Ave <br />right-of-way is not dedicated to the full width required at the subject location. The standard width for a ROW is <br />60 feet and Elmhurst Ave is only 50 feet wide at the subject parcel. Additionally, the parcel on the opposite side <br />of Elmhurst Ave has already dedicated the full required area to the ROW, so the applicants’ property is <br />responsible for future ROW dedications. Marion County assigns special setbacks to allow for future ROW <br />dedication. These setbacks are found under MCC 17.112.020 (F). The special setbacks for a road classified as a <br />“local road” in the Rural Transportation System Plan is 30 feet, which is measured starting from the center of the <br />ROW and the normal zoning setbacks are added on. Accounting for this special setback, the structure will still be <br />outside of any ROW expansions in the future. Therefore, with these factors together, the proposal will not have <br />any significant adverse impacts on property or improvements. The criterion is met. <br /> <br />(e) The variance will not have a significant adverse affect upon the health or safety of persons working or <br />residing in the vicinity; and <br /> <br />The proposed structure is an uninhabited garage structure that will not be placed within the vision clearance area <br />of an intersection. The structure is unlikely to generate pollution that would significantly adversely impact health <br />on people in the area and will not cause issues with future traffic as it is far enough away to not create an <br />obstruction at the nearby intersection. Therefore, the criterion is met. <br /> <br />(f) The variance will maintain the intent and purpose of the provision being varied. <br /> <br />The intent and purpose of the setback to property lines abutting roads is to leave space for future ROW <br />expansions that won’t require the purchase and demolition of structures and to protect the safety of people <br />inhabiting structures. For example, having sufficient distance between the road and a dwelling allows for more <br />stopping distance for an out-of-control car before it hits a dwelling. In this case the proposed structure contains no <br />living space and is unlikely to have people inside of it most of the time. Therefore, there is less risk to the <br />property owners. As was previously mentioned, the structure will also still be outside of the Elmhurst Ave ROW <br />even with any future expansions to the full road width, meaning it satisfies the other intention of the provision. <br />Therefore, the criterion is met. <br /> <br />7. Based on the above findings, the applicant’s request meets all applicable criteria and is, therefore, APPROVED. <br /> <br /> <br />Brandon Reich Date: February 10th, 2026 <br />Planning Director/Zoning Administrator <br /> <br />If you have any questions regarding this decision contact Alexander Seifer at (503) 588-5038 <br /> <br />Notice to Mortgagee, Lienholder, Vendor or Seller: ORS Chapter 215 requires that if you receive this Notice, it must <br />promptly be forwarded to the purchaser. <br /> <br />