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Staff Decision (4555)
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Staff Decision (4555)
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Last modified
10/28/2024 4:36:46 PM
Creation date
10/30/2024 4:19:17 PM
Metadata
Fields
Template:
Land Use
Case_Number
24-024
Document_Date
10/28/2024
Land Use Type
Administrative Review
Tax_Lot_Number
092E080002000
Document_Type
Decision
Site_Address
10915 KUBIN RD SE
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(c) The proposed dwelling is not prohibited by and will comply with land use regulations and other provisions <br />of law including Sections 110.830 through 110.836. <br /> <br />The proposal meets the provisions stated above that are found in the General Provisions section of the MCC <br />17.110.830 – 17.110.836 as it is not within 1,500 feet of an aggregate site, nor will a dwelling have an <br />adverse impact of natural areas, noise impacts or wildlife habitats where the area is already developed with <br />dwellings. The criterion is met. <br /> <br />(d) The dwelling will be consistent with the density policy if located in the big game habitat area identified in <br />the Comprehensive Plan. <br /> <br />The parcel is located within the Major Big Game Habitat Overlay, as such, it will have to meet a density <br />policy of one dwelling unit per 80 acres, when a 640-acre circle is centered on the proposed home site. <br />The density standard provides: <br /> <br />5. Development density shall be controlled so that significant wildlife habitat will not be <br />adversely affected in the County’s resource zones. The standards for dwelling density in big game <br />habitat, as identified on the habitat maps, shall be: one dwelling unit/80 acres in major habitat; <br />one dwelling unit/40 acres in peripheral habitat. If dwellings are clustered within 200 feet of <br />each other, these densities may be doubled. <br /> <br />This density analysis was submitted with the application and shows 15 dwellings within the study area. <br />The limit would be 8, but this can be doubled to 16 when clustered with an adjacent dwelling. The <br />applicants are clustering the dwelling and as such, may place their dwelling as the 16th dwelling within the <br />circle. The criterion is met. <br /> <br /> <br />8. The special standards in MCC 17.138.060 include: <br /> <br /> (a) Special Siting Requirements: <br /> <br />(1) Dwellings and structures shall comply with the special requirements in subsection (a)(2) or (3) of <br />this section. Compliance with the provisions in subsection (a)(2) of this section and subsections <br />(b), (f) and (g) satisfies the criteria in (a)(3) of this section. Alternative sites that meet the criteria <br />in subsection (3) of this section and may be approved as provided in MCC 17.110.680. <br /> <br /> (2) Siting Standards for Dwellings and Other Buildings. <br /> A. Dwellings shall be at least 200 feet from any abutting parcel in farm use or timber <br />production. Buildings other than a dwelling shall be located at least 100 feet from any abutting <br />parcel in farm use or timber production. <br /> <br /> This setback will be applied only to the western property line, as the other parcels are in <br />residential use. <br /> <br /> B. The special setback in subsection (a)(2)(A) of this section shall not be applied in a manner <br />that prohibits dwellings approved pursuant to ORS 195.300 to 195.336 nor should the special <br />setback in subsection (a)(2)(A) of this section prohibit a claimant’s application for homesites under <br />ORS 195.300 to 195.336. <br /> <br /> The setbacks will not be applied in such a way, the parcel is large enough to accommodate the <br />setbacks. <br /> <br /> C. The dwelling or other building shall be located within 300 feet of the driveway entrance <br />on an abutting public road; or, if the property does not abut a public road for a distance of at
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