HEARING NOTICE LAND USE REQUEST AFFECTING THIS AREA

Transcription

1 HEARING NOTICE LAND USE REQUEST AFFECTING THIS AREA Audiencia Pública Si necesita ayuda para comprender esta información, por favor llame CASE NUMBER: Council Review of the Hearings Officer s decision on Conditional Use / Class 2 Adjustment Case No. CU-ADJ18-07 AMANDA NO S.: HEARING INFORMATION: ZO & ZO City Council, Monday, October 8, 2018 at 6:00 p.m., in the Council Chambers, Room 240, Civic Center, 555 Liberty St SE, Salem, OR PROPERTY LOCATION: 725 High Street SE, Salem, OR PROPERTY OWNER: APPLICANT: DESCRIPTION of REQUEST: Pensco Trust Company, LLC (Gregg Monette) Stuart Kirchick and Pensco Trust Company, LLC Council Review of the Hearings Officer s decision on a consolidated application for a Conditional Use Permit and Class 2 Adjustment to allow an existing single-family dwelling located at 725 High Street SE to be used as a short-term rental. The application includes the following: 1) A Conditional Use Permit to allow the use of the existing single family dwelling as a short-term rental; and 2) A Class 2 Adjustment to allow a portion of the required off-street parking serving the proposed use to be located in the public street right-of-way of High Street on the existing driveway leading to the home rather than on the subject property. The required parking will be located on the driveway, but because the majority of the driveway is located within the right-of-way of High Street, it would not be located on the property. The subject property is approximately 0.1 acres is size, zoned RS (Single Family Residential) within the Gaiety Hill/Bush s Pasture Park Historic District, and located at 725 High Street SE (Marion County Assessor Map and Tax Lot Number: 073W27CA00200). CRITERIA TO BE CONSIDERED: CONDITIONAL USE Pursuant to SRC (d), an application for a CONDITIONAL USE PERMIT shall be granted if the following criteria are met: 1. The proposed use is allowed as a conditional use in the zone; 2. The reasonably likely adverse impacts of the use on the immediate neighborhood can be minimized through the imposition of conditions; and 3. The proposed use will be reasonably compatible with and have minimal impact on the livability or appropriate development of surrounding property. CLASS 2 ADJUSTMENT Pursuant to SRC (d)(2), an application for a CLASS 2 ADJUSTMENT shall be granted if all the following criteria are met: A. The purpose underlying the specific development standard proposed for adjustment is:

2 (i) Clearly inapplicable to the proposed development; or (ii) Equally or better met by the proposed development. B. If located within a residential zone, the proposed development will not detract from the livability or appearance of the residential area. C. If more than one adjustment has been requested, the cumulative effect of all the adjustments result in a project which is still consistent with the overall purpose of the zone. HOW TO PROVIDE TESTIMONY: HEARING PROCEDURE: Any person wishing to speak either for or against the proposed request may do so in person or by representative at the Public Hearing. Written comments may also be submitted at the Public Hearing. Include case number with the written comments. Prior to the Public Hearing, written comments may be filed with the City Recorder, 555 Liberty Street SE, Room 205, Salem, OR The hearing will be conducted with the staff presentation first, followed by the applicant s case, neighborhood organization comments, testimony of persons in favor or opposition, and rebuttal by the applicant, if necessary. The applicant has the burden of proof to show that the approval criteria can be satisfied by the facts. Opponents may rebut the applicant s testimony by showing alternative facts or by showing that the evidence submitted does not satisfy the approval criteria. Any participant may request an opportunity to present additional evidence or testimony regarding the application. A ruling will then be made to either continue the Public Hearing to another date or leave the record open to receive additional written testimony. Failure to raise an issue in person or by letter prior to the close of the Public Hearing with sufficient specificity to provide the opportunity to respond to the issue, precludes appeal to the Land Use Board of Appeals (LUBA) on this issue. A similar failure to raise constitutional issues relating to proposed conditions of approval precludes an action for damages in circuit court. Following the close of the Public Hearing a decision will be issued and mailed to the applicant, property owner, affected neighborhood association, anyone who participated in the hearing, either in person or in writing, and anyone who requested to receive notice of the decision. CASE MANAGER NEIGHBORHOOD ORGANIZATION DOCUMENTATION AND STAFF REPORT Bryce Bishop, Case Manager, City of Salem Planning Division, 555 Liberty Street SE, Room 305, Salem, Oregon Telephone: ; bbishop@cityofsalem.net South Central Association of Neighbors (SCAN), Roz Shirack, Land Use Chair; Phone: (503) ; rozshirack7@gmail.com Copies of the application and all documents and evidence submitted as part of the proceeding are available for inspection at no cost at the Planning Division office during regular business hours. Copies can be obtained at a reasonable cost. The Staff Report with recommendation to City Council will be available for inspection at no cost, and copies will be provided at reasonable cost, at least 7 days prior to the hearing at the Community Development Department, 555 Liberty Street SE, Room 305, Salem, Oregon The staff report will be posted on the City Council agenda website no later than 5:00 p.m. on October 4, 2018 at: ACCESS The Americans with Disabilities Act (ADA) accommodations will be provided on request upon 48 hours notice. NOTICE MAILING DATE September 18, 2018

3 PLEASE PROMPTLY FORWARD A COPY OF THIS NOTICE TO ANY OTHER OWNER, TENANT OR LESSEE. For more information about Planning in Salem: It is the City of Salem s policy to assure that no person shall be discriminated against on the grounds of race, religion, color, sex, marital status, familial status, national origin, age, mental or physical disability, sexual orientation, gender identity and source of income, as provided by Salem Revised Code Chapter 97. The City of Salem also fully complies with Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and related statutes and regulations, in all programs and activities. Special accommodations are available, upon request, for persons with disabilities or those needing sign language interpretation, or languages other than English. To request such an accommodation or services, please call at least two business days in advance. TTD/TTY telephone is also available 24/7 G:\CD\PLANNING\Case PROCESSING Forms\TYPE III Case Processing Forms\4 - APPEAL or CALLUP Council HEARING NOTICE.doc

4 ST Vicinity M ap 725 High Street SE COMMERCIAL ST SE Civic Center OAK ST SE LEN CREEK RD Willamette River RURAL HOYT HIGH ST AVE ST BRO Inset Map Willamette River k FRONT Pringle Trail MARION CENTER ST MISSION STATE ST 13TH ST FAIR CAPITOL ST 17TH ST ST Mc GILCHRIST LIBE RTY ST SE LESLIE ST SE HIGH ST SE Subject Property CHURCH ST SE Pringle Park Gaiety Hill/Bush's Pasture Park Historic District MISSION ST SE KEARNEY ST SE Bush's Pasture Park Legend Taxlots Urban Growth Boundary City Limits Feet Outside Salem City Limits Historic District n Schools Ê Parks Community Development Dept. This product is provided as is, without warranty. In no event is the City of Salem liable for damages from the use of this product. This product is subject to license and copyright limitations and further distribution or resale is prohibited. G:\CD\PLANNING\Bryce\Current Planning\Conditional Uses\2018\725 High Street SE\Vicinity Map.mxd - 12:29:04 PM

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