VADJ26-004 Staff Decision REISSUED

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The structure will require building permits to ensure that it meets applicable building code for a guest facility. No aspect of the proposed variance will in and of itself have adverse effect upon the health or safety of persons working or residing in the vicinity. The criterion is met. 6. The variance will maintain the intent and purpose of the provision being varied. The intent and purpose of this provision is to limit the size of guest facilities to only the size necessary. Guest facilities are essentially a guest room that is detached from the main dwelling. Guest facilities depend on the dwelling for either cooking or sanitary services. The proposed guest facility will have a bathroom, and therefore will depend upon the dwelling for cooking. The intent of the limit is to avoid a guest facility growing large enough to be utilized like a dwelling unit. A guest facility should remain dependent on the primary dwelling in the same way that an attached guest room would. In this case, the second story area of this pole barn was being utilized as an unpermitted dwelling. Permitting this area as a guest facility, subject to the guest facility standards, will ensure that the intent and purpose of the provision is met even while this particular facility exceeds the standard footprint of a guest facility. The criterion is met. 8. The proposed guest facility is within a structure which is itself larger than 600-square feet. Guest facilities are limited to a 600-square foot footprint. This proposed guest facility requires a variance to exceed 600 -square feet itself, and an adjustment for the 960-square foot guest facility to be located inside of a larger structure. To obtain an adjustment, the proposal must meet the criteria found in Marion County Code 17.116.020(A). These criteria are: 1. The proposed development will not have a significant adverse impact upon adjacent existing or planned uses and development; and The subject property is zoned SA and has setbacks of 20-feet for all structures except agricultural-exempt structures. The parcel is not in farm use and is much smaller than the standard minimum parcel in the SA zone. At 4.91-acres it is in use as a rural homesite like the several parcels to the north that are also located on Peter Rd SE. The parcel is buffered to farm uses on the north by Beaver creek, and to the west by a stand of woods on the adjacent property. To the south is a large parcel in agricultural use buffered by vegetation. The parcel to the east is also in rural residential use. Both the subject parcel and the parcel to the east depend on a single lane bridge, approximately 10- feet wide, to cross Beaver creek. The subject parcel, as well as approximately 15 other parcels with dwellings all utilize Peter Rd SE which is a gravel road that varies from 20-feet wide at the northern end, to 17-feet wide on the southern end before the bridge across Beaver Creek. The extra traffic generated from occasional use of a guest facility will not significantly adversely impact Peter Rd. The proposed adjustment would place the guest facility inside the existing accessory building. Since this building already exists and the guest facility will be completely contained inside the building, there should not be any discernable adverse effects on the subject property or to the overall neighborhood and the use is not anticipated to have any adverse impact on adjacent or planned uses and development. The applicant shall cease use of this area as a dwelling unit and only occasionally will it be inhabited for guest facility purposes. The criterion is met. 2. The adjustment will not have a significant adverse effect upon the health or safety of persons working or residing in the vicinity; and The proposed adjustment would place the guest facility inside the existing accessory building. Since this building already exists and the guest facility will be completely contained inside the building, and current building permits will be required to bring the building to modern safety and fire codes - there should not be any discernable adverse effects on the health and safety of residents or to the overall neighborhood. The criterion is met. 3. 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 As stated in the previous section, the parcel is abnormally small for the SA zone and not in use for commercial agricultural purposes. This creates the unusual condition of limited building space relative to a zone outright