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Last modified
12/12/2024 1:41:58 PM
Creation date
12/13/2024 9:41:37 AM
Metadata
Fields
Template:
Land Use
Case_Number
CU24-006
Document_Date
12/12/2024
Land Use Type
Conditional Use
Tax_Lot_Number
083W07B000800
Document_Type
Decision
Site_Address
3300 BLOCK OF LITTLE HAVEN LANE
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The proposed dwelling would be built within an existing cluster of residences, accessed on <br />private lane that serves adjacent AR zoned parcels. The proposed dwelling site would be shielded <br />by trees and topography from adjacent SA zoned parcels. These adjacent parcels while involved <br />in timber use, do not appear to be involved in agricultural uses. The access and isolation of the <br />proposed dwelling shield it from the scattered agricultural use of Christmas tree production in the <br />area. The parcels in the study area involved in row crop production are all on the other side of <br />residential neighborhoods from the subject parcel, so it is unreasonable to say that the proposed <br />dwelling will have any effect on those farming operations. The proposed dwelling will not make <br />it more difficult for the few existing farming activities to continue and would not materially alter <br />the land use stability of the area. The criterion of MCC 17.137.060(B)(3) are met. <br />17. In addition, non -farm dwellings shall be subject to the following code as provided for in <br />17.137.070, Non -farm dwelling requirements: <br />(A) Special Setbacks. <br />1. Dwellings. A special dwelling setback of 200 feel from any abutting parcel in farm use or <br />timber production is required. <br />2. Accessory Buildings. A special setback of 100 feet is required for buildings accessory to a <br />dwelling from any abutting parcel in farm use or timber production. <br />3. Adjustments. The special setbacks in subsections (A)(1) and (2) of this section may be reduced <br />if it is determined, concurrently with any land use application or as provided in <br />Chapter 17.116 MCC, that a lesser setback will meet the following review criteria for alternative <br />sites: <br />a. The site will have the least impact on nearby or adjoining forest or agricultural lands. <br />b. The site ensures that adverse impacts on forest operations and accepted farming <br />practices on the tract will be minimized. <br />c. The amount of agricultural and forestlands used to site access roads, service corridors, <br />the dwelling and structures is minimized. <br />d. The risks associated with wildfire are minimized. <br />Applicant proposes reducing the setbacks from 200-feet to 100-feet considering the dimensions of <br />the property (an imperfect square of approximately 500 by 500-feet) and the significant slopes <br />which create geohazard areas across much of the eastern, western, and southern sides of the <br />parcel. The most reasonable buildable area is the middle of the northernmost third of the parcel. <br />This area is closest to where the easement enters the property and is the flattest area, though still <br />within the geohazard 2-point overlay. This site would put the proposed dwelling potentially 100- <br />feet from the timber lot directly north -adjacent to the subject property. The applicant would have <br />to sign a farm/forest declaratory statement as a condition of approval, in which they would <br />recognize these timber uses are a priority above a non -farm dwelling in this zone and shall not be <br />interfered with or complained about. <br />The proposed location would allow for the existing easement to be used, which would travel over <br />AR zoned land that is not being used for agricultural or timber purposes. The subject parcel is <br />served by the Salem Suburban Fire District and will comply with all relevant fire district code <br />imposed by the SSFD. <br />It is generally considered prudent to have 2-acres to be able to site a dwelling, septic tank and <br />drainfield, replacement drainfield area, and a well. If the 200-foot setbacks were imposed, the <br />practical buildable area would be roughly a quarter of an acre. The buildable area increases to <br />almost 1-acre with the proposed 100-foot setbacks. The prohibitive geohazard slopes present on <br />
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