ADJ25-007 Staff Decision - Laserfiche WebLink

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Attention Property Owner: A land use proposal has been submitted for property near where you live or near property you own elsewhere. State law requires that the county notify property owners within a certain distance from this property. The proposal and address of the property is described in the "Application" section below. The decision in this case does not directly affect the zoning or use of your property. If you object to the decision, refer to the "Appeal" section. If you have questions, contact the staff person liste d at the end of this report. NOTICE OF DECISION ADJUSTMENT CASE NO. 25-007 APPLICATION: Application of David A. and Lynn K. Clapp to reduce the required 6.5-foot rear (east) setback and side (south) setback of 6.5-feet to 0.41 feet for a carport in an RS (Single Family Residential) zone located at 4626 46th Ave NE, Salem (T7S; R2W; Section 6DA; Tax lot 900). DECISION: The Planning Director for Marion County has DENIED the above-described Adjustment. APPEAL PROCEDURE: The Marion County Zone Code provides that certain applications be considered first by the County Planning Director. If there is any doubt that the application conforms with adopted land use policies and regulations the Director must deny the application. Anyone who disagrees with the Director's decision may appeal the decision to a Marion County hearings officer. The applicant may also request reconsideration (one time only and a $200.00 fee) on the basis of new information subject to signing an extension of the 150-day time limit for review of zoning applications. A public hearing is held on appeals subject to the appellant paying a $250.00 fee. Appeals must be in writing (form available from the Planning Division) and received in the Marion County Planning Division, 5155 Silverton Rd. NE, Salem by 5:00 p.m. on August 12th, 2025. If you have questions about this decision, contact the Planning Division at (503) 588-5038 or at the office. This decision is effective on August 12th, 2025, unless appealed. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. l. The property is designated Single Family Residential in the Salem Area Comprehensive Plan. The purpose of this designation and the corresponding Single-Family zone is to promote residential development at low urban densities. 2. The property is located on the east side of 46th Avenue approximately 450-feet south of the northern terminus at Japonica St NE. The property was platted as lot 5 in block 6 of the Parkdale Addition No. 2 in northeast Salem. Having been created by this subdivision in 1960 (Survey Plat S24-049) and remaining it the same configuration since then, the subject parcel is considered legal for land use purposes. 3. Surrounding uses are residential in all directions as this area is a developed subdivision in the Hayesville Neighborhood area of Salem. All adjacent lots are a similar size and shape and developed with single family homes. 4. The applicant proposes to reduce the setback for a 15.5-foot-tall accessory structure from 6.5-feet to 5-inches for a carport located in the rear yard of a single-family parcel which is intended to cover two recreational vehicles (RVs). 5. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Building Department commented: “Permit is required to be obtained as the structure exceeds the size limitations for structures exempt from structural permits according to 2023 ORSC R105.2. The building will have to be evaluated for fire separation distances to property lines, which since it’s identified as less than 3 feet to adjacent property lines, fire resistive construction may be required on those sides less than 3 feet to adjacent property lines according to ORSC R302.1.” Marion County Code Enforcement commented in support of the application to resolve a code complaint. All other commenting agencies stated no objection to the proposal. 6. In order to approve the adjustment, the criteria found in 16.41.030 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 The subject property is a quarter-acre lot in a neighborhood of similar sized lots with similar sized homes and similar sized yards. The location of the accessory structure is adjacent to two properties. The adjacent property to the south has an accessory structure in the same area as the carport the applicant seeks an adjustment for. The proposed adjustment would permit the placement of this structure only 5-inches from the southern adjacent lot. Based on images submitted by the applicant, the eaves appear to be between 6 to 8-feet above the wooden fence. This roof will therefore be draining directly onto the property line, and potentially onto the neighboring parcel. The aesthetic and hydrological impacts of the structure have the potential to significantly adversely impact neighboring parcels. The applicant did not provide any