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ADJ26-002 Staff Decision
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ADJ26-002 Staff Decision
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Last modified
4/3/2026 10:50:51 AM
Creation date
4/3/2026 10:51:06 AM
Metadata
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Template:
Land Use
Case_Number
26-002
Document_Date
4/3/2026
Land Use Type
Adjustment
Document_Type
Decision
Site_Address
3792 FRED WAY NE
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(C) The adjustment is the minimum necessary to achieve the purpose of the adjustment and is the minimum <br /> necessary to permit development of the property for the proposed use; and <br /> <br />This adjustment is the minimum necessary to accommodate the ADU on this property. There is insufficient <br />room in the rear yard to construct an ADU. The proposed structure to be remodeled already exists and meets <br />setbacks for a primary dwelling. The proposed adjustment is to code section MCC 16.26.100(C)(2) which <br />states “An ADU shall be located in side or rear yard only.” Adjusting this requirement to allow development <br />of the ADU in the “front yard” is the minimum necessary to achieve the purpose of the adjustment and <br />permit development of the proposed use. The criterion is met. <br /> <br />(D) The intent and purpose of the specific provision to be adjusted is clearly inapplicable under the <br /> circumstances; or, the proposed development maintains the intent and purpose of the provision to be <br /> adjusted. <br /> <br />This adjustment still maintains the intent of the ADU provisions in 16.26.100. In the Urban Development <br />zone, attached ADUs are permitted in the front yard. An attached ADU an extension of a single structure <br />that includes the primary dwelling. The proposed structure to be remodeled is not attached by Marion <br />County Planning’s definition of the term, but the roof lines are almost touching. This creates the appearance <br />of a single structure, which maintains the intent of the provision. Furthermore, the garage s tructure to be <br />remodeled already exists and the internal remodel will not significantly affect the external perception of the <br />overall structural configuration. The criterion is met. <br /> <br />7. Based on the above findings, it has been determined that the request satisfies all applicable criteria and is, <br /> therefore, APPROVED. <br /> <br /> <br />Brandon Reich Date: April 3rd, 2026 <br />Planning Director/Zoning Administrator <br /> <br />If you have any questions regarding this decision contact John Speckman 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 />
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