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Staff Decision (3109)
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Staff Decision (3109)
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Last modified
5/17/2023 4:22:09 PM
Creation date
10/30/2024 3:20:17 PM
Metadata
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Template:
Land Use
Case_Number
07-047
Document_Date
6/29/2007
Land Use Type
Partition
Tax_Lot_Number
071E07D 01100
Document_Type
Decision
Site_Address
3000 SEIMOLE RD NE
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d. Exclusive farm use zoning as provided by law, substantially limits alternatives to the use of rural <br />land and, with the importance of rural lands to the public, justifies incentives and privileges <br />offered to encourage owners of rural lands to hold such lands in exclusive farm use zones. <br />17. The existing parcel is 3.5 acres in size; too small to be a commercially viable farm parcel and too small <br />to be considered a significant amount of open space. No expansion of urban development is proposed, <br />or would be caused, by the proposed division. The proposal meets the criteria in 16. <br />18. Uses applied for under Oregon Revised Statutes 215.213 (2) and (3) (1975 version) must meet the <br />criteria found in statute: <br />Single-family residential dwellings, not provided in conjunction with farm use, may be established, <br />subject to approval of the governing body or its designate in any area zoned for exclusive farm use upon <br />a finding that each such proposed dwelling: <br />a. Is compatible with farm uses described in subsection (2) of ORS 215.203 and is consistent with <br />the intent and purposes set forth in ORS 215.243. <br />b. Does not interfere seriously with accepted farming practices, as defined in paragraph (c) of <br />subjection (2) of ORS 215.203, on adjacent lands devoted to farm use. <br />c. Does not materially alter the stability of the overall land use pattern of the area. <br />d. Is situated upon generally unsuitable land for the production of farm crops and livestock, <br />considering the terrain, adverse soil or land conditions, drainage and flooding, vegetation, <br />location and size of the tract. <br />e. Complies with such other conditions, as the governing body or its designate considers necessary. <br />19. It was demonstrated above that the proposed division is consistent with the intent and purposes set forth <br />in ORS 215.243 (1975 version). The existing parcel is 3.5 acres in size; too small to be a commercially <br />viable farm parcel and too small to be considered a significant amount of open space. Also, the area is <br />already characterized by rural residential homesites. There is no indication that surrounding properties <br />would not continue to be farmed if the dwellings were approved. It can be made a condition of any <br />approval that the maximum special setback from surrounding properties in farm or forest use be retained <br />to minimize any potential for conflict with surrounding resource uses. The property is generally flat and <br />the soils on the property are class II and VI soils, which are able to be farmed. However, the size of the <br />property makes it difficult to farm commercially. Approval of two single-family, non -farm dwellings, <br />one on each newly created parcel, would not appear to remove property from commercial farm <br />production. The proposal complies with the criteria in 18. <br />20. The General Agriculture designation is described in the comprehensive plan which came into effect in <br />1973. A portion of that designation addresses non -farm residential development: <br />It is also the intent of the Plan to assure that the type of non farm residential use locating in the rural <br />General Agricultural area is of a type which cannot readily be supplied in an urbanized area. That is, <br />the residential use should be for the purpose of providing at least one of the following types of housing: <br />a. A very low density residential environment (The distinction between urban and rural density is <br />often difficult to make. In this Plan, one acre per dwelling unit is generally considered as the <br />minimum site size for rural density. In addition to this, the total number of units concentrated in <br />one localized area must also be considered. As indicated in the policy statements that follow at <br />the end of this section, the greater the number of units located in one area, the lower the overall <br />density should be.) <br />
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