Ord 1446 - Laserfiche WebLink

Home Browse Search

- The topography of the Pfennig property is flat and does not affect the ability to farm (topographically) the Pfennig property. - Pfennig argued that externalities surrounding the property warranted the exception but didn't articulate how the externalities caused the property to be irrevocably committed; nor did they address how the relationship between the exception area and adjoining lands/uses committed the property to uses not allowed by Goal 3. Enchanted Ridge Court, Valley Way SE, and Maranatha Ct. SE). - The topography of the ERPOA Property is not level but has multiple slopes throughout the property that affect the ability to farm the Homesites. ERPOA is not arguing that externalities of the Farm Parcel warrant the exception; rather, it is the location of the Homesites, within the existing Enchanted Ridge Subdivision that was part of the prior (1980) Goal exception, sandwiched between other rural residential lots and homes, the steep topographic features, soil conditions, private utilities that run above and underground through the Homesites that cause the Homesites to be irrevocably committed. ERPOA has addressed the relationship between the Homesites and adjoining lands/uses committing the property to uses not allowed by Goal 3. The only similarity between the two applications is the request for the irrevocably committed goal exception. Otherwise, the Pfennig Trust application failed to meet its burden of proving the property was irrevocably committed; where the ERPOA Applicant has provided substantial evidence and analysis of showing the Homesites are irrevocably committed to non -resource uses not allowed by Goal 3. OAR 660-004-0028 is Satisfied 21. Applicant previously provided alternative findings for the Application of a "reasons" exception, established in ORS 197.732(2)(c), however, the Applicant has agreed that a reasons exception is not appropriate under the facts of this case and has withdrawn that request. 22. OAR 660-004-0018. OAR 660-004-0018 covers planning and zoning in exception areas. OAR 660-004-0018(2) applies when local governments take irrevocably committed exceptions under ORS 197.732(2)(6) and OAR 660-004-0028 and OAR 660-014-0030. Under OAR 660-004-0018(2), plan and zone designations shall limit uses, density, and public facilities and services to those that will maintain the rural lands character of the area; and will not commit nearby lands to non -resource uses; and which will be compatible to the surrounding area. The rural residential uses proposed here with the 2 acre minimum lot size with the homes using domestic well and septic systems guarantee the land will be maintained as "Rural Land" as defined by the goals, and are consistent with all other applicable goal requirements. Exhibit A - Findings Case No. CP/ZC 21-005 15 4864-0600-7078, v. 3