Laserfiche WebLink
(c) <br /> <br />The owner of a proposed dwelling located on a parcel adjacent <br />to the FT or TC zone shall, as a condition of approval, be <br />required to provide for fire hazard management in accordance <br />with Chapter 3 of "Fire Safety Considerations For <br />Developments in Forested Areas, 1978" and any revisions <br />thereto. <br /> <br />The subject property is bordered by SA zoned property to the west. <br />The neighboring SA zoned land is in forest use. Under MCZO <br />128.040(a), a 200' setback from the west property line of the <br />subject property is required. Under MCZO 128.040(b), a declaratory <br />statement acknowledging and accepting farm or timber practices in <br />the area must be recorded for each resulting parcel because of <br />their proximity to resource zoned land. MCZO 128.040(c) does not <br />apply because the subject property is not adjacent to TC or FT <br />zoned lands. <br /> <br />VI. Order <br /> <br /> It is hereby found that applicant has not met the burden of <br />proving the applicable standards and criteria for approval of a <br />partitioning in the AR zone have been met. Therefore, the partitioning <br />application is DENIED. <br /> <br />VII. Appeal Rights <br /> <br /> An appeal of this decision may be taken by anyone aggrieved or <br />affected by this order. An appeal must be filed with the Marion County <br />Clerk (Marion County Courthouse, 100 High Street NE, Salem) by 5:00 <br />p.m. on the ~C~Xc%day of March 2003. The appeal must be in writing, <br />must be filed in duplicate, must be accompanied by a payment of $500, <br />and must state wherein this order fails to conform to the provisions of <br />the applicable ordinance. If the Board denies the appeal, $300 of the <br />appeal fee will be refunded. <br /> <br /> DATED at Salem, Oregon, this ~%%~day of March 2003. <br /> <br /> Ann M. Gasser <br /> Marion County Hearings Officer <br /> <br />P 02-21 - ORDER -16 <br />KOLOEN <br /> <br /> <br />