Staff Decision (4555) - Laserfiche WebLink

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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. The buildable partition of the property does not begin until beyond 300 feet into the parcel. As such, the applicant will be allowed to locate the dwelling further than 300 feet into the parcel. (3) Review criteria for alternative sites. Sites for dwellings or buildings that do not meet the siting requirements in subsection (a)(2) of this section 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 prac- tices on the tract will be minimized. C. The amount of agricultural and forestlands used to site access roads, service corridors, the dwelling and structures is minimized. D. The risks associated with wildfire are minimized. The applicants wish to place the home in the flattest area on the parcel, where previously a structure used to sit. This location is already disturbed and graveled and will not have an adverse effect on adjacent uses, forest or agricultural. The applicants will still be required to meet fire protection standards found in the MCC and made a condition of approval. The criterion are met. (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 avoid activities that conflict with nearby farm or forest uses and practices I/We will not pursue a claim for relief or course of action alleging injury from farming or forest practice for which no action is allowed under ORS 30.936 or 30.937.” This shall be made a condition of approval. (c) Domestic Water Supply. (1) The applicant shall provide evidence that the domestic water supply is from a source authorized in accordance with the Water Resources Department's administrative rules for the appropriation of ground water or surface water and not from a Class II stream as defined in the Forest Practices Rules (OAR Chapter 629). (2) Evidence of a domestic water supply means verification from a water purveyor that the use described in the application will be served by the purveyor under the purveyor's rights to appropriate water; or a water use permit issued by the Water Resources Department for the use described in the application; or verification from the Water Resources Department that a water use permit is not required for the use. (3) If the proposed water supply is from a well and is exempt from permitting requirements under ORS 537.545, the applicant shall submit the well constructor's report upon completion of the well. This shall be made a condition of approval. (e) Road Access. As a condition of approval, if road access to the dwelling is by a road owned and maintained by a private party or by the Oregon Department of Forestry, the Bureau of Land Manage- ment, or the U.S. Forest Service, the applicant shall provide proof of a long-term road access use permit