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(b) The owner of a proposed dwelling to be located within 500 feet of the EFU, SA, FT, TC zones shall be required to concur in the filing of the Declaratory Statement prescribed in the respective resource zone. (c) The owner of a proposed dwelling located on a parcel adjacent to the FT or TC zone shall, as a condition of approval, be required to provide for fire hazard management in accordance with Chapter 3 of "Fire Safety Considerations For Developments in Forested Areas, 1978" and any revisions thereto. The subject property is bordered by SA zoned property to the west. The neighboring SA zoned land is in forest use. Under MCZO 128.040(a), a 200' setback from the west and south property lines of the subject property is required. Under MCZO 128.040(b), a declaratory statement acknowledging and accepting farm or timber practices in the area must be recorded for each resulting parcel because of their proximity to resource zoned land. MCZO 128.040(c) does not apply because the subject property is not adjacent to TC or FT zoned lands. VI. Order It is hereby found that applicant has not met the burden of proving the applicable standards and criteria for approval of a partitioning in the AR zone have been met. Therefore, the partitioning application is DENIED. VII. Appeal Rights An appeal of this decision may be taken by anyone aggrieved or affected by this order. An appeal must be filed with the Marion County Clerk (Marion County Courthouse, 100 High Street NE, Salem) by 5:00 p.m. on the ~ day of March 2003. The appeal must be in writing, must be filed in duplicate, must be accompanied by a payment of $500, and must state wherein this order fails to conform to the provisions of the applicable ordinance. If the Board denies the appeal, $300 of the appeal fee will be refunded. DATED at Salem, Oregon, this .Tn~c~ day of March 2003. Ann M. Gasser Marion County Hearings Officer P 02-22 - ORDER -15 KOLOEN