ADJ26-003 Staff Decision - Laserfiche WebLink

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FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. l. The subject property is designated Rural Residential in the Marion County Comprehensive Plan. The major purpose of this designation and the corresponding AR (Acreage Residential) zone is to provide appropriate regulations governing the division and development of lands designated rural residential in the Marion County Comprehensive Plan in areas that are suitable for development of acreage homesites. An adjustment to the standards in this zone may be taken if there is sufficient evidence to show the proposal meets the required criteria. 2. The property is located at 8163 Mill Creek Rd SE, on the north side of Mill Creek Rd 630 feet east of the intersection of Mill Creek Rd and Terrance Ln SE. The subject parcel is 0.94-acres in size and is developed with a 1947 dated dwelling and a detached accessory structure according to information from the Marion County Tax Assessor’s office. It is the existing accessory structure which is the subject of this proposal. The parcel is considered legal for land use purposes. 3. Surrounding uses include a mixture of small acreage rural residences and commercial farm uses. Surrounding properties on the north side of Mill Creek Rd are zoned AR and have a mixture of developed residences and smaller scale cattle and hay operations. Parcels on the south side of Mill Creek Rd are zoned EFU (exclusive farm use) and include a mixture of farm fields, including hazelnuts, grass seed, and other row cops. Other features of note are the main stem of Mill Creek about 1,300 feet to the north, Porter Creek 740 feet to the east, and the associated floodplain of these creeks starting about 580 feet to the east of the subject parcel. 4. Soil Survey of Marion County Oregon indicates 100% of the subject property is high-value farm soils. 5. The applicant is proposing to reduce the required setback for an accessory structure from 10-feet and 4 inches to 8-feet from an interior side property line. The applicant is building additions onto an existing accessory structure and the height of one of the addition requires a further setback from the property lines. MCC 17.117.030 controls for the height of accessory structures in the AR zone, and it requires that residential accessory structures taller than 9 feet must be set back 1 foot from the property line for each additional foot above 9 feet the structure is built. One of the additions has a measuring point height of 19 feet 4 inches, meaning the setback for the entire structure is 10 feet 4 inches. The existing structure is closer to the property line than this new required setback, so some of the new additions will not be conforming and require an adjustment to approve. 6. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Septic commented: “The applicant must maintain setbacks from the septic system.” Marion County Building commented: “No Building Inspection concerns with proposed adjustment. Permit(s) are required to be obtained prior to the development of structures and/or utilities installation on private property. Depending on the methods and materials of construction of the existing building and proposed additions, an engineered design may be required prior to approval.” All other contacted agencies either failed to comment or stated no objection to the proposal. 7. Chapter 17.116 of the Marion County Code (MCC) outlines the ability and limitations of the county to grant adjustments. MCC 17.116.030 (D) states that an adjustment to the side yard requirements may be granted up to a maximum of 3 feet. The proposed adjustment in this proposal is an adjustment of 2 feet and 4 inches to the required side yard setback. Therefore, Marion County may approve the proposed adjustment if the proposal meets the criteria for adjustments. 8. In order to approve the adjustment, the criteria found in Chapter 17.116.020(A) of the Marion County Code (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