CU26-005 PC Decision - Laserfiche WebLink

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“The property herein described is situated in or near a farm or forest zone or area in Marion County, Oregon, where the intent is to encourage, and minimize conflicts with, farm and forest use. Specifically, residents, property owners and visitors may be subjected to common, customary and accepted farm or forest management practices conducted in accordance with federal and state laws that ordinarily and necessarily produce noise, dust, smoke and other impacts. The grantors, including their heirs, assigns and lessees do hereby accept the potential impacts from farm and forest practices as normal and necessary and part of the risk of establishing a dwelling, structure or use in this area, and acknowledge the need to avoid activities that conflict with nearby farm and forest uses and practices, grantors will not pursue a claim for relief or course of action alleging injury from farming or forest practice for which no action is allowed under ORS 30.936 or 30.937.” This shall be made a condition of approval. The criterion is met. DELIBERATION: On May 5th, 2026, the Planning Commission held a public hearing about the proposal to establish a non-farm dwelling on a 7.92 acre parcel of land zoned Special Agriculture with an adjustment to MC 17.137.070, Special Setbacks. The staff summary, and staff responses to comments were submitted prior to the hearing. Staff presented this information to the Planning Commission. The applicant representative was then able to present their argument to the commission. There were no objections nor any attendees that wished to offer public comment. The Planning Commission asked for clarifications on the adjustment to the special setbacks and the purpose of the special setbacks as mentioned in conditions of approval #2. In addition, the Commission asked for clarification about the required setbacks from the lake. Another line of inquiry was why the previous attempts to establish the dwelling were not successful. In 1996 two lot of record dwellings were applied for and only one was granted, however, the applicants never followed through with establishing the dwelling. In 2018 another lot of record dwelling was applied for, at that time the Marion County Hearings Officer denied the lot of record dwelling because the applicants did not meet the requirements for ownership of contiguous property in the same ownership and if the lot was part of a tract of land prior to November 4, 1993. Staff explained that for this case, these were not applicable criteria. There were no other concerns raised. After the Planning Commissioner’s questions were answered, the Planning Commission voted unanimously to approve the application. DECISION: At the May 5th, 2026, meeting, after reviewing the testimony in the record and the information provided by Staff and the applicant, a motion was made and seconded to APPROVE the proposal as presented by Staff. The motion passed unanimously. SIGNED AND FINALIZED THIS May 12th, 2026. Brandon Reich Date: May 12th, 2026. Planning Commission Secretary Notice to Mortgagee, Lienholder, Vendor or Seller: ORS Chapter 215 requires that if you receive this Notice, it must promptly be forwarded to the purchaser.