Staff Decision (3109) - Laserfiche WebLink

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(2) Siting Standards for Dwellings and Other Buildings. (3) (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 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. Review criteria for alternative sites. Sites for dwellings or buildings that do not meet the siting requirements in (2) 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 forestlands used to site access roads, service corri- dors, the dwelling and structures is minimized. (D) The risks associated with wildfire are minimized. Parcels in farm use border the subject parcel to the north, south and east. Therefore, the dwelling being proposed for this property should maintain a special 200 dwelling setback and a 100 foot accessory setback from the north, south, and east property lines. The applicant states that the width of the proposed parcels would make it impossible to develop with dwellings if the 200 foot setbacks were approved. Therefore, the following special setbacks will be applied: northern parcel, 200 feet from northern property line and southern parcel, 200 feet from southern property line. Any accessory structures shall maintain a 50 foot setbacks from those same lines. The parcels created do not abut a roadway. The proposed dwellings will be located within 300 feet of the point where the driveway enters the buildable portion of the property. The proposal can be conditioned to meet the requirements in 28(a). (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 necessarily produce noise, dust, smoke and other impacts. The grantees, including their heirs, assigns and lessees do hereby accept the potential impacts from farm and forest practices as normal and necessary and part of the risk of establishing a dwelling, structure or use in this area, and I/We acknowledge the need to