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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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more than four dwelling units unless the parcels, on which those units are proposed to be placed <br />were established with the approval of Marion County in accordance with State law and Marion <br />County ordinance prior to May 1, 1977, or were approved under ORS Chapter 17.121 MCC <br />Planned Development. <br />MCC 17.110.800 places a limit on the number of dwellings accessed off a private easement. <br />Marion County has long interpreted MCC 17.110.800 to allow a property that has frontage on a <br />public street not to be considered "served" by the private easement. Applicant and Marion <br />County's interpretation of the provision relies on the language "having direct access by abetting <br />upon a public street or a pre existing private driveway. " <br />Marion County interprets the limit in MCC 17.110.800 to be four parcels with dwellings and <br />without frontage on a public road. This interpretation allows for an objective determination by <br />counting the parcels that would be landlocked without the easement they rely on. Parcels with <br />dwellings that have frontage on a public street, even if they use the easement, are not counted <br />towards the maximum of four parcels with dwellings. Development of additional dwellings <br />beyond that limit requires an approved variance to MCC 17.110.800 that meets the criteria in <br />MCC 17.120.020. <br />Little Haven Lane S currently serves four parcels with homes, but one (tax lot 2000) also has <br />frontage on Viewcrest Rd S. Therefore, one additional dwelling without frontage on Viewcrest Rd <br />S could be approved on Little Haven Ln S without requiring a variance to MCC 17.110.800. <br />Marion County determined that three dwellings without frontage utilize the easement, and the <br />dwelling in the present application would be the fourth. Staff provided testimony that the <br />interpretation of MCC 17.110.800 has been consistently applied to previous decisions. Staff <br />correctly found all criteria in MCC 17.137 required for a conditional use non -farm dwelling were <br />met for the subject parcel. <br />Appellants of the staff decision argue that the only "direct access" for the homes on Little Haven <br />Lane S (Tax Lots 2000, 2300, 2301, and 2302) is through Little Haven Lane. Appellants argue <br />that the express language of MCC 17.110.800 prohibits a private drive from serving more than <br />four homes. Marion County expressly rejects this interpretation. <br />The Marion County hearings officer incorrectly interpretated MCC 17.110.800 to require that <br />dwellings must be situated on a lot having direct access to the abutting public street that actually <br />permits access or a pre-existing private driveway. Based on this determination, the Hearings <br />officer denied the application on the grounds that it requires an approved variance to MCC <br />17.110.800. The hearings officer found that the criteria specific to the conditional use non -farm <br />dwelling in MCC 17.137 were met. <br />The Marion County Board of Commissioners overturns the Hearing Officer's determination <br />regarding MCC 17.110.800 and affirms Marion County's long-time interpretation that a dwelling <br />is considered to have direct access to a public street when its parcel abuts the public street. <br />Marion County interprets MCC 17.110.800 consistent with its plain reading and long-time <br />interpretation. However, even if the interpretation advanced by the hearings officer was plausible, <br />that would only mean that the county code contains conflicting provisions capable of multiple <br />plausible interpretations. If that were the case, as an alternative basis of approval, Marion County <br />exercises its discretion under Siporen v Medford to consider and choose among multiple plausible <br />interpretations of its own county code to reach the same result as what Marion County <br />understands the plain language to require. <br />
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