ADJ26-001 Staff Decision - Laserfiche WebLink

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consistent with the land use designation in the applicable city comprehensive plan where sanitary services are, or can be, made available. 2. The property is located on the north side of Satter Dr NE, accessed by an easement on the neighbors this property. This easement comes off Satter Dr NE approximately 275 feet west of the intersection with Vernon Lp NE . The property contains a single-family home built in 1986 and created as part of Partition case P84-027, with the legal description recorded in Reel 398 Page 305. The parcel is therefore considered legal for land use purposes. 3. Surrounding uses are residential in all directions as properties directly north, west, and south are all zoned UD (Urban Development) and the eastern parcels zoned RS (Single-Family Residential). Many adjacent lots are a similar size and shape and developed with single family homes. 4. The applicant proposes to reduce the front yard setback from 12 feet to 6 feet for a garage located in the front yard. 5. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Building Department commented: No Building Inspection concerns. Permit(s) are required to be obtained prior to the development of structures and/or utilities installation on private property. Public Works Land Development, Engineering, and Permits commented: ENGINEERING ADVISORY A. The relative location of the proposed garage’s west-facing entry to the 24-foot wide access easement, with said easement as depicted on Major Partitioning Plat No. 84-27, will leave insufficient depth to park a vehicle in front of it without encroaching into the easement. Since the subject easement is greater than 150 feet in length it is classified under Oregon Fire Code as a Fire Apparatus Access Road, which for its given width, technically precludes extended vehicle parking within it. All other commenting agencies stated no objection to the proposal. 6. In order to approve the adjustment, the criteria found in 16.41.030 MCC must be satisfied. These include: (A) The proposed development will not have a significant adverse impact upon adjacent existing or planned uses and development; and The applicants are on a land locked possible that cannot be immediately accessed form a public roadway. A reduction of this setback is not expected to cause any adverse impacts on uses in the area. This is a developed area so the development will be consistent with that of the rest of the neighborhood. The use is for a garage which will be built after the issuance of building permits. This will ensure that the structure meets building and fire codes. The criterion is met. (B) The adjustment will not have a significant adverse affect upon the health or safety of persons working or residing in the vicinity; and The reduction of this setback is not expected to have any adverse impacts on the health of safety of persons working or residing in the area. This development is consistent with any residential development and will have no increased risk on the area’s health or safety. The criterion is met. (C) 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 the minimum necessary to accommodate the garage, as any lesser adjustment of the setback would not allow for a standard size of a residential garage. This adjustment still maintains separation between the lots, and the nearest structure is approximately 50 feet from the property line. The criterion is met. (D) 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.