Notice of Decision- Type II Administrative Decision-145 Smith St

Case No. 2026-4   Patrick Freeman for Property Located at 145 Smith St

SITE LOCATION: The subject site is located at 145 Smith St., also known as tax lot 2900 of Linn County Assessors Map 15S04W16AA.

APPLICANT:  Patrick Feeman, PO Box 588,  Harrisburg, OR  97446

OWNER:  Patrick Freeman, PO Box 588; Harrisburg, OR  97446

REQUEST: ** The City has approved the Type II Decision to add a 2nd residential unit ** The applicant is adding a 2^nd residential unit to the larger Quonset hut, located on the north side of Smith St.  The building has had a residential apartment in the back of the building for several decades, and was large enough to hold two units.  Regardless, there is no specific evidence that there was a 2^nd dwelling unit in this structure; therefore a special use permit is required for the 2^nd residential unit.  Criteria used for the special use permit is in HMC 18.50.080.3, and in HMC 18.65.050(19). 

Mixed use development, allows for both commercial and residential uses, as allowed by code.  In this case, Chaos Crossfit occupies the front commercial space. The addition of another residential unit is allowed in a C-1 zone, as long as the provisions of HMC 18.50.080.3 are met, as well as the Downtown Historic District Design Standards. Both dwelling units are well under the 2,500 sq. ft. limitation.  It should be noted that the residential unit shall share in a ground floor space, containing a laundry area.  This is a grandfathered use of the building, as the existing residential unit has always utilized both floors.  This structure underwent a site plan in the past, and the last true commercial business was converting RV units, with the owner of the business living in the apartment.  This 1940 building follows the code for a dwelling in commercial and mixed employment zones. 

The property is only 5,044 sq. ft., and the structure’s footprint allows for 3,900 sq ft, not counting the additional residential space being added to the 2^nd Story of the mezzanine area.   The C-1 zone allows zero setbacks for front, side, and rear property lines; there is a 3’ alley setback area.  As this property is located inside the historical district overlay, it is not subject to any parking restrictions; residents will need to park on the street.  They are not allowed to park in the alley, and the use of the vacant lot to the east is not allowed unless the portion they would use is paved. 

DECISION:  Staff has determined that the applicant has met the standards as specified in HMC 18.50.080.3 and in HMC 18.65.050.19, with conditions:

Dwellings in Commercial and Mixed Employment Zones:

1. The previous use of the apartment in this structure, present since at least the mid-nineties, included the ground floor. Therefore, the new residential use is allowed to share in the ground floor space, as it is legal, nonconforming. This standard has been met.
2. Due to the use of the existing residential space being present on the ground floor, and due to the residential units consisting of both the ground floor, and the mezzanine area, this standard has been met.
3. The residential uses in the Quonset hut are part of a mixed-use development, which has previously been approved through a site plan procedure.  This standard has been met.
4. There has only been commercial and mixed-use development allowed on this lot, therefore this standard is not applicable to this project.
5. This property is in the C-1 Commercial zone, only two dwelling units are being constructed/remodeled, and both units are well under 2,500 sq. ft.  This standard has been met.  As noted in this section, the property is located in the historical district overlay, therefore, parking is not required.  This standard is not applicable.
6. The previous residential use, and new residential use, are both located on the interior of the large Quonset hut.  Therefore, the additional residential use does not exceed the lot/parcel coverage ratio of 40%.  This standard is not applicable.

Parking Standards for Historic Overlay:

1. The rear setback of the property adjacent to the alley is only 3’.  Therefore, there is no parking available on this tax lot.  The owner is encouraged, and will be allowed to have parking on the vacant lot to the east, as long as the owner continues to own this lot, but only if parking surfaces are hard surfaced.  As conditioned, this standard has been met.  

Condition:  The owner is not required to provide off-street parking.  However, they will be allowed and are encouraged to have parking on the vacant lot to the east as long as they continue to own the lot.  If they choose to provide parking, it must be hard surfaced.  Hard surfacing can consist of pavers, cobbles, asphalt or concrete.  A minimum of two spaces per dwelling unit shall be allowed under the standards shown in HMC 18.80.030.  If and when the lot is sold, the new owner will not be required to allow continuation of the parking on this lot, unless they wish to enter into an agreement with the owner of the Quonset hut.

1. The parking which will be allowed on this vacant lot, without another primary use, doesn’t front onto a public street; it fronts from the alley.  Therefore, this standard has been met if the applicant adds paved parking.
2. Off-Street Parking spaces are not required in the historical zone; therefore, this standard is not applicable.

Conditions of Approval:

1.  Consistency with Plans: Development shall comply with the plans and narrative in the applicant’s proposal, except where modified by the following conditions of approval.
2. The owner is not required to provide off-street parking.  However, they will be allowed and are encouraged to have parking on the vacant lot to the east as long as they continue to own the lot.  If they choose to provide parking, then it must be hard surfaced.  Hard surfacing can consist of pavers, cobbles, asphalt or concrete.  A minimum of two spaces per dwelling unit shall be allowed under the standards shown in HMC 18.80.030.  If and when the lot is sold, the new owner will not be required to allow the parking on this lot, unless they wish to enter into an agreement with the owner of the Quonset hut.
3. The Quonset hut is located in the historical zone.  Therefore, any additional lighting or house numbers for the dwelling units shall meet historical zone standards.

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.  The application packet and the full public notice is available below for your review.  

Mailing Address: City of Harrisburg, PO Box 378, Harrisburg, OR 97446; Office Location: City Hall, 120 Smith

To Appeal:

The decision may only be appealed by those people who have legal standing to appeal a Type II administrative decision, as provided in HMC 19.10.030(4)(a).  A notice of appeal must be received by the City Recorder by 5:30pm on April 27, 2026.  A notice of appeal to the Planning Commission requires a fee of $1,000.  The notice of appeal must provide identification of the decision being appealed, including the date of the decision, a statement demonstrating the person filing the notice of appeal has standing to appeal, a statement explaining the specific issue being raised on appeal; and if the appellant is not the applicant, a statement demonstrating that the appeal issues were raised during the comment period.  The scope of the appeal is limited, as per HMC 19.10.030(4)(c).  The hearing on appeal follows the same requirements for a Type III review, as per HMC 19.10.030(4)(d). 

City's Zoning Code

To access the City's Zoning Code please click here.