ADJ26-003 Staff Decision - Laserfiche WebLink

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The proposal of the applicants is to build onto an existing accessory structure in their backyard. There are two sections of additions; one that extends flush with the existing structure’s setback along the west property line; and the second branching off the east side of the existing structure and meeting up with the other addition 22 feet from the north property line. The 10 foot 4 inch setback from the west side property line will be not be met by the new addition. The west side abuts the driveway access for a flag lot to the north of the subject property. As such, the only future development on the side with the reduced setback will be resurfacing of the existing driveway. The existing structure has thus far not caused any issues to the driveway for the neighboring properties, so the expansion of the structure at this existing setback is unlikely to create new issues for the existing driveway. Therefore, 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 is to reduce the setbacks for a residential accessory structure so that the property owner can build onto an existing structure at a setback that would not meet the requirements for part of the new additions. The new additions will be flush with the existing setback to the west property line and the development will be fully permitted to meet the modern building permit standards. It is unlikely that this accessory structure will cause any significant adverse effects to the health and safety of persons in the area, as it will not impact visibility at an intersection and will be built to modern building code. Therefore, 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 The applicants provided detailed plans of the proposed additions onto the structure showing how the new addition along the west property line will be flush with the existing structure and that the existing distance is 8 feet from the property line. The proposed adjustment of the setback by 2 feet and 4 inches is therefore the minimum amount to achieve the proposed development. 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. MCC 17.117.030 controls for the height of residential 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. However, the addition to the structure along this property line is not the section triggering the further setback. The addition along the west property line is 1 story tall and only reaches a peak height of 14 feet. If the rest of the additions were the same height, the setback would only be 5 feet to the property line. As such, approval of this proposal will still maintain the purpose the setback provision because the tallest part of the addition will still meet the full required setback. Therefore, the criterion is met. 9. Based on the above discussion, it has been determined that the request satisfies all applicable criteria and is, therefore, APPROVED. Brandon Reich Date: May 13th, 2026 Planning Director/Zoning Administrator If you have any questions regarding this decision contact Alexander Seifer at (503) 588-5038 Notice to Mortgagee, Lienholder, Vendor or Seller: ORS Chapter 215 requires that if you receive this Notice, it must promptly be forwarded to the purchaser.