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Board approves special exception allowing three-lot subdivision at 4348 Boy Scouts Road
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Summary
Linn County’s Board of Adjustment approved a special exception (PSE 25-003) allowing a three-lot subdivision at 4348 Boy Scouts Road despite staff recommendation to deny; vote was 4–1. Applicants argued steep slopes and river proximity make rear-road access impractical and prefer buildable lots near the road.
Linn County’s Board of Adjustment voted to approve a special exception (PSE 25-003) on Oct. 29 to allow a three-lot subdivision at 4348 Boy Scouts Road that does not meet the county’s 4:1 lot depth-to-width ratio.
The board approved findings, conclusions of law and an order approving the special exception after hearing staff and applicant testimony. Staff (Stephanie Lance, Planning & Development) recommended denial, saying the applicant had not demonstrated the “practical difficulty” required under county zoning and that alternative lot configurations exist that would meet the 4:1 ratio and the 10-acre minimum for properties in the Critical Natural Resource (CNR) zone.
Applicant Matthew Banowitz told the board the family’s intent is to keep primary building areas adjacent to the road to avoid constructing long roads into steep, wooded slopes by the river. “We want to kind of preserve that area,” Banowitz said, adding that building access to rear lots would require substantial disturbance and drainage work. Land surveyor Steve Scott said contour mapping shows roughly 150 feet of fall from road to river at portions of the site and that locating buildable pads near the road minimizes tree clearing and long access roads.
Barnowetz (Sarah Banowetz) described family plans for multigenerational living and testified that splitting the planned 12,000 square feet of living area into two or three road-front lots is more feasible for future heirs and reduces the need for costly construction back toward the river.
In deliberation board members differed over whether the site constraints met the ordinance’s practical-difficulty standard. One member noted the ordinance allows alternatives, while others said emergency-access and slope constraints make rear-road development impracticable. A motion to approve was seconded and passed on roll call: Alden voted No; Price, Meador, Hoover and Martin voted Yes.
The order approving PSE 25-003 grants the applicant relief from the lot depth-to-width ratio for the configuration presented. Per the chair’s explanation at the hearing, the decision may be appealed to a court of record within 30 days after filing with the Planning & Development Department.
The board closed the public hearing after applicant testimony and moved to the next agenda items.
