VADJ26-004 Staff Decision - Laserfiche WebLink

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Marion County Septic commented: “Condition of Approval: A septic authorization application is required to connect the guesthouse to the existing septic system. Notes: Marion County does not have history on the installation of the existing drainfield. An 8-page Existing System Evaluation must be completed by a licensed/certified septic professional, and the report must be included in the authorization application. In addition, an area must be allocated on the site plan large enough to serve as a future system replacement area, meeting all setbacks in OAR 340-071-0220(Table 1).” Land Development Engineering and Permits (LDEP) commented: “ENGINEERING REQUIREMENT A. Transportation System Development Charges (SDCs) will be assessed at the time of application for building permits for the existing structure partial conversion from general accessory use to guest living quarters.” Friends of Marion County commented: “I believe within Marion County that ADU’s are only permitted in the AR zone and NOT in the EFU or SA zone.” All other contacted agencies either failed to comment or stated no objection to the proposal. 6. The applicants are asking for a variance to permit a 960 square foot guest facility and an adjustment of the 600 square foot maximum floor area standard to allow the proposed guest facility to be sited within an approximately 3,500 square foot structure. 7. To obtain a variance, the proposal must meet the criteria found in Marion County Code 17.122.020(A). These criteria are: 1. There are unnecessary, unreasonable hardships or practical difficulties which can be relieved only by modifying the literal requirements of this title; and The applicant asserts that they did not know the limit on guest facilities when they constructed a pole barn and converted the 1,200 square feet second story into dwelling space without permits. The applicant was warned on their building permit and building permit site plans that the space was not permitted for use as dwelling space. Specifically, the comment on building permit 555-24-002229 is, “Structure is approved for accessory use only. Area is not approved for dwelling space, guest facilities or commercial uses. No oven, range, or stove top are permitted, nor are any connections to said appliances. Structure will not be addressed.” The applicant argues that the construction of livable space was a significant financial investment and that it is impracticable to demolish all of the improvements. The applicant proposes eliminating one of the two rooms which are being used as bedrooms. This will decrease the size of the area from 1,200 square feet to 960 square feet. The proposed removal of this room will be via partition wall. The application proposes to turn this room into storage, which will be accessed from the exterior of the structure. The proposed guest facility would therefore be a conversion of 960 square feet of the second story of what is permitted as a pole barn. Guest facilities are limited to 600 square feet total footprint by MCC 17.126.020(A)(9)(b). An adjustment to allow the guest facility within a structure larger than 600 square feet is also proposed as part of this application. That adjustment depends on this proposal being able to meet the variance criteria to permit a guest facility larger than 600 square feet, or alternatively a proposal to reduce the square footage of the area proposed as a guest facility to less than 600 square feet. It is unreasonable to suggest that the applicant was not aware of the standards and restrictions upon use when this structure was built. The hardship and practical difficulties addressed by this application were entirely created by the applicant. Nevertheless, the existence of this structure does create real practical difficulty. Code enforcement has found that the area is being inhabited as a dwelling unit. Permitting this space as a guest facility will not permit the use of this space as a dwelling unit. The applicant suggests that the space will only be occasionally inhabited on the weekends by their son who works and lives offsite throughout the week. Conditions of approval shall be required to ensure the use of this space as a dwelling unit ceases, and does not begin again. The living space has been built and the applicant’s decision to utilize it as a dwelling has created a practical