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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 location would allow for the existing easement to be used, which would travel over AR <br />zoned land that is not being used for agricultural or timber purposes. The subject parcel is served by the <br />Salem Suburban Fire District and will comply with all relevant fire district code imposed by the SSFD. <br />It is generally considered prudent to have 2-acres to be able to site a dwelling, septic tank and drainfield, <br />replacement drainfield area, and a well. If the 200-foot setbacks were imposed, the practical buildable <br />area would be roughly a quarter of an acre. The buildable area increases to almost I -acre with the <br />proposed 100-foot setbacks. The prohibitive geohazard slopes present on the eastern, western, and <br />southern portions of this property make the northern setback the primary variable in potentially <br />developable space on this parcel. <br />The northern parcel has a 10-acre stand of timber directly adjacent to the subject parcel. Depending on <br />how the applicant implements the fuel breaks imposed by 17.137.070(B), the effective setback from the <br />northern parcel will end up being at least 130-feet. The primary safety zone is 30 feet around all <br />structures, with some slope related extensions that may affect this property depending on the siting of the <br />proposed dwelling. The secondary fuel break area is 100-feet around the primary safety zone. The <br />secondary fuel break area requires pruned and spaced vegetation so that fire would not spread between the <br />crowns of trees, or between trees via vegetation between them. <br />To reduce the setback on the northern parcel below 130ft would conflict with the criteria of <br />17.137.070(A)(3)(d) and 17.137.070(B)(3) due to the requirements to meet the primary and secondary <br />fuel break areas. <br />Staff has determined that a reduced special setback of 130-feet from the northern property line, and 100- <br />feet from the western and southern property lines for the proposed dwelling and any future accessory <br />structures would maintain the intent of the Special Setback Code and meet the criteria in subsection <br />(A)(3)(a-d). The special setbacks do not apply to the eastern property line adjacent to parcels in the AR <br />zone. These criteria are met. <br />4. The special setback in subsection (A) (1) of this section shall not be applied in a manner that prohibits <br />dwellings approved pursuant to ORS 195.300 through 195.336 nor should the special setback in <br />subsection (A)(]) of this section prohibit a claimant's application for hornesites under <br />ORS 195.300 through 195.336. <br />The proposed dwelling is not subject to/a part of a Measure 37 or 49 claim. The criterion does not apply. <br />(B) Fire Hazard Reduction. As a condition of approval for any non farm dwelling located closer than 200 <br />feet to timber, the owner shall be required to provide continuing fire hazard management in accordance <br />with Chapter 3 of "Fire Safety Consideration for Development in Forested Area, " 1978, and any <br />revisions thereto. <br />The updated version of the standards within the document above is referenced in the EFU-equivalent of <br />this section of code: 17.136.070 (B). "Fire Hazard Reduction. As a condition of approval for any non- <br />farm dwelling located closer than 200-feet to timber, the owner shall be required to maintain a primary <br />and secondary fuel -free break area in accordance with the provision in "Recommended Fire Siting <br />Standards for Dwellings and Structures and Fire Safety Design Standards for Roads" dated March 1, <br />1991, and published by the Oregon Department of Forestry." <br />The property north of the subject parcel has approximately 10-acres devoted to timber production directly <br />adjacent to the subject parcel. The primary and secondary fuel -free break areas shall be conditions of <br />approval. The criterion is met. <br />(C) Prior to issuance of any residential building permit for an approved non -farm dwelling under _MCC <br />17.136.050(A), evidence shall be provided that the county assessor has disqualified the lot or parcel for <br />valuation at true cash value for farm or forest use; and that the additional tax or penalty has been <br />
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