ADJ26-002 Staff Decision - Laserfiche WebLink

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2. The property is located at the western terminus of Fred Way NE, a private lane that begins at the corner of Laura Ln NE and Bolliger Ct NE. The property contains a single-family home built in 2000, and a detached garage in front of the house. The parcel was created by partition in 1997 as recorded on partition plat 97-89 and approved by partition case P97-028. The parcel is therefore considered legal for land use purposes. 3. Surrounding uses are residential in all directions are zoned either UD (Urban Development) or RS (Single-Family Residential). Both zones permit ADUs. Many adjacent lots are a similar size and shape and developed with single family homes. 4. The applicant proposes an adjustment to MCC 16.26.100(C)(2) to permit an ADU in the front yard in an Urban Development zone. 5. Various agencies were contacted about the proposal and given an opportunity to comment. The City of Salem commented that “if the new ADU will need a new water or sanitary sewer connections. The property is located within the East Salem Sanitary Sewer Service District and the Jan Ree Water Service District. New connections to these districts will require permits from the City of Salem and an annexation agreement per City Council Policy X-4. The applicant can submit plans to developmentservices@cityofsalem.net and request for connection permits.” Marion County Building Department commented: “Permit(s) are required to be obtained prior to the conversion of an existing detached garage into an accessory dwelling unit. If the existing structure exterior wall is less than 3 feet to a property line or less than 6 feet to the existing dwelling on the same property, additional fire resistive materials may be required to be installed on the outside of the exterior walls and under the siding. Discussion with a building plans examiner with Marion County Building Inspection is encouraged.” Public Works Land Development, Engineering, and Permits commented: ENGINEERING REQUIREMENT A. Transportation System Development Charges (SDCs) will be assessed at the time of application for building permits for the garage conversion to secondary residential living space. Salem/Keizer School District commented with details about which schools would serve the ADU, and how the additional dwelling unit may increase enrollment. These comments are within the case file and available upon request. 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 applicant’s property is at the end of a short private road (Fred Way NE) which is land locked and cannot be immediately accessed form a public roadway. The applicant is proposing to convert an existing structure into an Additional Dwelling Unit (ADU). An adjustment to permit development of an ADU in the front yard is not expected to cause any adverse impacts on existing or planned uses in the area. This is a developed area and the proposed remodel of the structure for use as a dwelling unit will be consistent with the residential uses in the surrounding neighborhood. The conversion of this structure into an ADU will be completed 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 proposed adjustment to permit development of an ADU in the front yard 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.