ADJ26-006 Staff Decision - Laserfiche WebLink

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All other commenting agencies stated no objection to the proposal or failed to provide comments. 6. The special standards in MCC 17.139.070 include: (a) Special Siting Requirements: (1) Dwellings and structures shall comply with the special requirements in subsection (a)(2) or (3) of this section. Compliance with the provisions in subsection (a)(2) of this section and subsections (b), (f) and (g) satisfies the criteria in (a)(3) of this section. Alternative sites that meet the criteria in subsection (3) of this section and may be approved as provided in MCC 17.110.680. (2) Siting Standards for Dwellings and Other Buildings A. Dwellings shall be at least 200 feet from any abutting parcel in farm use or timber production. Buildings other than a dwelling shall be located at least 100 feet from any abutting parcel in farm use or timber production. B. The special setback in subsection (a)(2)(A) of this section shall not be applied in a manner that prohibits dwellings approved pursuant to ORS 195.300 to 195.336 nor should the special setback in subsection (a)(2)(A) of this section prohibit a claimant’s application for homesites under ORS 195.300 to 195.336. C. The dwelling or other building shall be located within 300 feet of the driveway entrance on an abutting public road; or, if the property does not abut a public road for a distance of at least 60 feet, the dwelling or other building shall be located within 300 feet of the point where the driveway enters the buildable portion of the property. (3) Review Criteria for Alternative Sites. Sites for dwellings or buildings that do not meet the siting requirements in subsection (A)(2) of this section may be approved if the proposed site will meet the following criteria: A. The site will have the least impact on nearby or adjoining forest or agricultural lands; B. The site ensures that adverse impacts on forest operations and accepted farming practices on the tract will be minimized; C. The amount of agricultural and forest lands used to site access roads, service corridors, the dwelling and structures is minimized; and D. The risks associated with wildfire are minimized. The applicant submitted a site plan that shows a proposed dwelling that is 85 feet from the western property line. The adjacent parcel to the west and north appears to be in active timber use, as it is covered in trees. The location is therefore not consistent with the requirement in (a)(2)(A) above. The proposed dwelling location appears to be at least 200 feet from the northern property. Because the applicant is not compliant with (a)(2)(A), they must meet the requirements in (a)(3)(A-D). The applicant has provided evidence that the proposed location maintains adequate firebreaks, takes advantage of existing access, leverages the natural topography of the property, and allows for the property to continue to be forested to the greatest extent possible. Utilizing the exiting driveway access will minimize the amount of development required to serve the property and the applicant states that Drake’s Crossing Fire District will have adequate turnarounds and easy access to the property from a nearby fire station. The criteria are met. (b) Declaratory Statement. The owner of property for which a dwelling, structure or other specified use has been approved shall be required to sign and allow the entering of the following declaratory statement into the chain of title for the subject lots or parcels: “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 which ordinarily and