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Ord 1312
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Ord 1312
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Last modified
9/1/2022 9:14:53 AM
Creation date
10/30/2024 3:18:23 PM
Metadata
Fields
Template:
Land Use
Case_Number
07-007
Document_Date
12/3/2008
Land Use Type
Subdivision
Tax_Lot_Number
082W30 00400
Document_Type
Decision
Site_Address
3710 BERGMAN PL SE
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P. Goal 16—Estuarine Resources <br /> This Statewide Planning Goal is not applicable in Marion County. <br /> Q. Goal 17 - Coastal Shorelands <br /> This Statewide Planning Goal is not applicable in Marion County. <br /> R. Goal 18—Beaches and Dunes <br /> This Statewide Planning Goal is not applicable in Marion County. <br /> S. Goal 19—Ocean Resources <br /> This Statewide Planning Goal is not applicable in Marion County. <br /> For the reasons stated above, the Board finds that the proposed amendments are consistent with all <br /> applicable Statewide Planning Goals. <br /> IX. GOAL EXCEPTIONS <br /> Goal exceptions are authorized under statewide planning statutes, goals and administrative rules in <br /> order to provide flexibility for situations in which a departure from the strict application of the goals is <br /> justified based on site-specific and project-specific conditions. Approval of a goal exception does not <br /> establish precedent for allowing future goal exceptions. Goal 2 defines the term "exception" as <br /> follows: <br /> "Exception means a comprehensive plan provision, including an amendment to an <br /> acknowledged comprehensive plan, that: <br /> "(a) Is applicable to specific properties or situations and does not establish a planning or <br /> zoning policy of general applicability; <br /> "(b) Does not comply with some or all goal requirements applicable to the subject properties <br /> or situations; and <br /> "(c) Complies with standards for an exception." <br /> There are three types of exceptions: (1) "developed" exceptions are justified where the property is <br /> physically developed to the point where resource use is no longer practicable; (2) "committed" <br /> exceptions are justified where the nature of nearby physical development makes resource use <br /> impracticable; and (3) "reasons" exceptions are justified where there is a need for development at the <br /> site in question and where the applicant establishes that reasons justify why the policy embodied in the <br /> applicable goals should not apply, the site compares favorably with other possible locations for the <br /> proposed development, and the proposed use is compatible with other adjacent uses or can be made <br /> compatible through measures designed to reduce impacts. <br /> A. Goal 14 Exception —OAR 660-014-0040 <br /> For the reasons stated below, the Board finds that the applicant has established that sufficient reasons <br /> exist under Goal 2 and the Division 14 rules to justify the necessary exceptions to Goals 11 and 14. <br /> OAR 660-014-0040(2)provides that one means by which a county can justify a Goal 14 exception is <br /> to provide reasons that justify why the policies in Goals 3, 4, 11 and 14 should not apply, including <br /> findings that urban levels of facilities and services are necessary to support an economic activity that is <br /> dependent upon an adjacent or nearby natural resource. However, the rule expressly states that reasons <br /> supporting the Goal 14 exception "can include, but are not limited to" such findings. Thus, the rule <br /> expressly allows that this is not the exclusive basis on which a Goal 14 exception may be justified, and <br /> -8- <br />
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