Philomath planning commission approves variance to legalize existing 4 ft, 1 in side-yard setback

The Philomath Planning Commission voted June 6 to approve variance PC 25-04, allowing an existing house owned by Seth and Deirdre Robertson to remain 4 feet 1 inch from the southern property line instead of the city’s standard 5-foot side-yard setback.

Staff recommended approval, saying the house was placed according to incorrect post-construction stakes and that the placement was not the current owners’ fault. "So conclusion, we're looking 4 foot, 1 inch setback ... and staff recommends approval of the proposed variance," the staff member said during the hearing.

The decision follows a staff finding that a previously proposed lot-line adjustment failed because an abutting neighbor would not consent, leaving the property out of compliance. Staff told commissioners the issue stems from construction that proceeded while street work and final monuments were incomplete; in that process, the developer used temporary markers rather than final survey monuments. The planner said the city has identified roughly 12 properties in the subdivision with similar lot-line discrepancies.

Staff emphasized the variance does not conflict with state fire-code minimums. The planner summarized the technical limits: the state fire code requires 10 feet between buildings and 3 feet to a property line, while the city's development code requires a 5-foot side-yard setback; the requested 4'1" relief was described as the minimum necessary to resolve the nonconformity and as not materially detrimental.

The applicant, identified in the record as Seth Robertson, told the commission the discrepancy was discovered while preparing to install a fence: "we wanted to put a fence in ... and there were no monuments," he said, describing a post-construction survey that revealed the offset. Robertson said the owners had attempted a lot-line adjustment with a previous neighbor but the property changed hands and the new owner would not agree to the adjustment.

A commissioner moved to approve PC 25-04, citing the findings of fact in the staff report dated 06/06/2025 and the recommended condition of approval. The motion carried. After the vote the chair told the applicant, "Congratulations, Seth. You now can go out and build a fence." The applicant said he will contact his contractor to relocate an existing fence by about 11 inches to match the approved setback.

The record was closed after the hearing and the applicant waived the right to submit a seven-day written argument, allowing the commission to decide that evening. The planning commission's work on this item addresses a small cluster of properties affected by the subdivision’s earlier survey/platting process; staff said most other property owners in the group appear willing to pursue lot-line adjustments rather than variances.