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Staff has determined that a reduced special setback of 120-feet from the eastern property line, and 100-feet from the southern property lines for the proposed dwelling and any future accessory structures would maintain the intent of the Special Setback Code and meet the criteria in subsection (A)(3)(a-d). The special setbacks do not apply to the western property line adjacent to Willa Lake and the non-farm dwellings in the existing subdivision on SA zoned lands, nor the northern boundary due also to non-farm uses in the SA zone. The criteria are met. 4. The special setback in subsection (A)(1) of this section shall not be applied in a manner that prohibits dwellings approved pursuant to ORS 195.300 through 195.336 nor should the special setback in subsection (A)(1) of this section prohibit a claimant’s ap plication for homesites under ORS 195.300 through 195.336. This land use case is not being applied in a manner to cause conflict with section (4) above. The criterion is met B. Fire Hazard Reduction. As a condition of approval for any non-farm dwelling located closer than 200 feet to timber, the owner shall be required to provide continuing fire hazard management in accordance with Chapter 3 of “Fire Safety Consideration for Development in Forested Area,” 1978, and any revisions thereto. The subject parcel is not in a forest zone nor are there any known forestry operations on the adjacent parcels. The criterion does not apply. C. Prior to issuance of any residential building permit for an approved non-farm dwelling under MCC 17.136.050(A), evidence shall be provided that the county assessor has disqualified the lot or parcel for valuation at true cash value for farm or forest use; and that the additional tax or penalty has been imposed, if any is applicable, as provided by ORS 308A.113 or 308A.724 or 321.359(1)(b), 321.842(1)(A) and 321.716. A parcel that has been disqualified under this section shall not requalify for special asses sment unless, when combined with another contiguous parcel, it constitutes a qualifying parcel. The criterion can be met with a condition of approval: the applicant shall submit evidence to Marion County Planning that the property has been disqualified from farm/forest deferral by the Marion County Tax Assessor’s Office prior to the Planning Department’s approval of a building permit. The criterion is met. 11. Finally, non-farm dwellings must also meet the standards in MCC 17.137.100, which are listed below. A. Maximum Height. 1. Dwellings: 35 feet.. 2. Farm-related structures on farm parcels: none. 3. Nonresidential and non-farm structures: 35 feet unless they are in conjunction with conditional uses allowed in MCC 17.137.050, and a greater height is requested and approved as part of the conditional use permit. Compliance with this shall be verified at the time of building permits. The criteria are met. B. Minimum Setbacks. Except as required in MCC 17.137.070(A), the following setback requirements shall be implemented for all new structures other than farm-exempt buildings, signs and fences. 1. Rear Yard. A minimum of 20 feet. 2. Side yard. A minimum of 20 feet, except for lots or parcels of one-half acre or smaller created prior to January 1, 1994, in which case the side yard setback shall be five feet. 3. Front Yard. A minimum of 20 feet. When by ordinance a greater setback or a front yard of greater depth is required than specified in this section, then such greater setback line or front yard depth shall apply (See Chapter 17.112 MCC. The dwelling and any future accessory structures shall be subject to MCC 17.137.070(A), and as adjusted in the conditions of approval. Therefore, the criteria are met. C. Declaratory Statement. For all dwellings, and other uses deemed appropriate, the property owner shall be required to sign and allow the entering of the following declaratory statement into the chain of title of the lot(s) or parcel(s):