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AR26-007 Staff Decision
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AR26-007 Staff Decision
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Last modified
6/16/2026 2:30:43 PM
Creation date
6/16/2026 2:30:52 PM
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Land Use
Case_Number
26-007
Document_Date
6/16/2026
Land Use Type
Administrative Review
Tax_Lot_Number
042W050000800
Document_Type
Decision
Site_Address
4745 RAY BELL RD NE
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The dwelling is not located in a big game habitat area. The criterion does not apply. <br /> <br />6. A deed restriction filed with the county clerk requiring removal of the home or removal, demolition or <br />conversion to a nonresidential use if other residential structures are used, when the occupancy or use no <br />longer complies with the criteria or standards under which the manufactured home was originally <br />approved. <br /> <br />This shall be made a condition of approval. <br /> <br />8. In addition to the above criteria MCC 17.136.030 requires that a dwelling established in the EFU zone through <br />this process shall comply with MCC 17.136.100(C), which reads as follows: <br /> <br /> Declaratory Statement. For all dwellings, and other uses deemed appropriate, the property owner shall be <br />required to sign and allow the entering of the following declaratory statement into the chain of title of the lot(s) or <br />parcel(s): <br /> <br />“The property herein described is situated in or near a farm or forest zone or area in Marion County, Oregon, <br />where the intent is to encourage, and minimize conflicts with, farm and forest use. Specifically, residents, property <br />owners and visitors may be subjected to common, customary and accepted farm or forest management practices <br />conducted in accordance with federal and state laws that ordinarily and necessarily produce noise, dust, smoke <br />and other impacts. The grantors, including their heirs, assigns and lessees do hereby accept the potential impacts <br />from farm and forest practices as normal and necessary and part of the risk of establishing a dwelling, structure <br />or use in this area, and acknowledge the need to avoid activities that conflict with nearby farm and forest uses <br />and practices, grantors will not pursue a claim for relief or course of action alleging injury from farming or forest <br />practice for which no action is allowed under ORS 30.936 or 30.937.” <br /> <br />This shall be made a condition of approval. The criterion is met. <br /> <br />9. All of the property in a tract used for the purposes of establishing a farm dwelling shall be held, sold and <br />conveyed subject to the following covenants, conditions and restrictions: <br /> <br /> “These covenants, conditions, and restrictions can be removed only and at such time as the property described <br />herein is no longer protected under the statewide planning goals for agricultural and forest lands or the <br />legislature otherwise provides by statute that these covenants, conditions and restrictions may be removed and the <br />authorized representative of the county or counties in which the property subject to these covenants, conditions <br />and restrictions is located executes and records a release of the covenants, conditions and restrictions, consistent <br />with OAR 660-006-0027.” <br /> <br />This shall be made a condition of approval. The criterion is met. <br /> <br />10. Based on the above findings, it has been determined that the request satisfies all applicable criteria and is, <br />therefore, APPROVED. <br /> <br /> <br />Brandon Reich June 16th, 2026 <br />Planning Director/Zoning Administrator <br /> <br />If you have any questions regarding this decision, contact John Speckman at (503) 588-5038. <br /> <br />Notice to Mortgagee, Lienholder, Vendor or Seller: ORS Chapter 215 requires that if you receive this Notice, it must <br />promptly be forwarded to the purchaser.
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