Notice of Administrative Decision-Setback Adjustment for Residential Lot at 892 S 9th St-APPROVED

Notice of Administrative Decision-Setback Adjustment for Residential Lot at 892 S 9th St-APPROVED

APPLICATION APPROVED ON JANUARY 27, 2025.  THE NOTICE OF DECISION IS AVAILABLE BELOW FOR YOUR REVIEW. 

• CASE NO 2024-3:  DEADLINE FOR SUBMITTAL OF WRITTEN COMMENTS IS JANUARY 20, 2025 AT 5:00PM

SITE LOCATION:  The subject site is located at 892 S. 9^th St. and is also known as tax lot 3001 of Linn County Assessors Map 15S04W15CA.  The applicant has asked for an adjustment to the side setback as shown in the Table of HMC 18.45.040.4, for a structure that is 12 ft to 24 ft in height.  In the R-2 zone, there is a 7’ setback requirement.  An adjustment as allowed in HMC 19.40.030 will permit up to a 15% reduction to the minimum setback.  This would allow a reduction of the side setbacks to 5.95’.  

APPLICANT:  Justin Ross on behalf of Hayden Homes; 2464 SW Glacier Pl; Redmond, OR  97756

OWNER:  Hayden Homes; 2464 SW Glacier Pl; Redmond, OR  97756

SCHEDULED DECISION DATE:  January 21 to January 29-If referred to the Planning Commission, February 18, 2025 at 7pm.       

REQUEST: The applicant requests approval to reduce a side setback on residential property from 7’ to 5.95’

WHOM TO CONTACT FOR MORE INFORMATION: Michele Eldridge, City Administrator, at (541) 995-2200, or meldridge@ci.harrisburg.or.us., or Lori Ross, at (541)995-6655, lross@ci.harrisburg.or.us.   Mailing Address: City of Harrisburg, PO Box 378, Harrisburg, OR 97446; Office Location: City Hall, 120 Smith Street

OPTIONS FOR PROVIDING COMMENT:

• A Type II Administrative Decision shall be made by the City Administrator. 
• Comments must be received in writing, whether email, letter, or fax.
• Comments may be emailed to lross@ci.harrisburg.or.us or meldridge@ci.harrisburg.or.us.
• Mailed comments should be sent to the City of Harrisburg, PO Box 378, Harrisburg, OR 97446
• Faxed comments may be sent to (541) 995-6949.
• Written comments may also be dropped off in the City’s overnight drop box for utility payments.
• Comments must be provided by the deadline to be considered to apply to the decision.

DECISION:

The City Administrator will render a decision on this request within 7 business days of the deadline for comments; or may alternately defer the decision to the Planning Commission. This decision is not a land use action as defined by ORS 197.015.  The criteria and standards used in relation to adjustments to development standards

NOTICE OF A PENDING TYPE II ADMINISTRATIVE DECISION:  OCCU HARRISBURG ITM KIOSK are specified in HMC 19.40.030(1), and do not encompass discretion.  There is therefore no appeal to the State Land Use Board of Appeals.  The decision can be referred to the Planning Commission, consistent with the provisions in HMC 19.10.030.  An appeal of the Planning Commission decision can then also be referred to the City Council, as applicable.

DECISION-MAKING CRITERIA: The City Administrator will evaluate this request based on specific review criteria from the Harrisburg Municipal Code (HMC) and other applicable requirements. The staff-identified criteria for this land use decision are found in HMC 19.40.030 (2) Adjustments.   Those are as follows:

2. Approval Criteria. The City may grant an adjustment only upon finding that all of the following criteria are met. The burden is on the applicant to demonstrate compliance with the criteria.

a. The adjustment allows for a building plan that is compatible with adjacent land uses, and it does not create a conflict with adjacent uses;

b. Approval of an adjustment is necessary in order for the applicant to develop his property consistent with the “highest and best” uses of the zone or to allow less intensive development consistent with the zoning that could not otherwise occur;

c. Approval of the adjustment does not create (a) violation(s) of any State or Federal regulation or other adopted ordinance or code standard, and does not create the need for a variance;

d. Requests for more than one adjustment on the same lot shall be consolidated on one application and reviewed concurrently by the City;

e. All applicable building code requirements and City Engineering and Public Works design standards shall be met.

 The Applicant has asked for an adjustment to the Standards in Table 18.45.040.4, and specifically to the side setbacks for an R-2 zone. 

Citizens are encouraged to become familiar with the applications and applicable review criteria. A staff report discussing the request in relation to the criteria will be available for public review, and is a public record. All documents may be reviewed at City Hall without charge; copies will be provided upon request at a reasonable charge. The Harrisburg Municipal Code is available on the City’s website (http://www.codepublishing.com/or/harrisburg/).  The City will mail the Notice of Decision to the applicant, and to citizens who submit written comments, or who are otherwise legally entitled to notice.

The City of Harrisburg does not discriminate against individuals with disabilities, and is an Equal Opportunity Provider.  Persons with disabilities that wish accommodation are requested to contact City hall at 541-995-6655, at least 48 hours prior to the deadline. 

THE CITY OF HARRISBURG ENCOURAGES YOU TO NOTIFY YOUR NEIGHBORS AND OTHER PERSONS YOU BELIEVE WOULD BE AFFECTED BY THIS MATTER.

Mail: January 6, 2024, or prior

Post:  To website, as Pending Administrative Decision January 6, 2024 or prior

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