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CU24-043 Staff Decision
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CU24-043 Staff Decision
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Last modified
1/13/2025 3:33:52 PM
Creation date
1/13/2025 3:34:05 PM
Metadata
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Template:
Land Use
Case_Number
24-043
Document_Date
1/13/2025
Land Use Type
Conditional Use
Tax_Lot_Number
051W210000200
Document_Type
Decision
Site_Address
14950 Block of Union Rd NE
Text box
ID:
1
Creator:
EDIAZ
Created:
1/13/2025 3:34 PM
Modified:
1/13/2025 3:32 PM
Text:
https://www.codepublishing.com/OR/MarionCounty/html/MarionCounty17/MarionCounty17136.html#17.136.050
ID:
2
Creator:
EDIAZ
Created:
1/13/2025 3:34 PM
Modified:
1/13/2025 3:32 PM
Text:
https://www.codepublishing.com/cgi-bin/oar.pl?cite=660-033-0045
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soils as an update to the NRCS soil information data. The assessment found that 75.7% of soils present on the <br />parcel are non-high-value farm soils. Therefore the parcel may qualify for a non-farm dwelling. <br /> <br />5. The applicants are proposing to place a non-farm dwelling on the property and request an adjustment to the <br />special setback requirements of 200 feet for non-farm dwellings and 100 feet for accessory structures from <br />neighboring parcels in farm or forest use in order to site the proposed dwelling in the northern portion of the <br />property. The applicant requests adjusted setbacks of 55 feet to the east property line and 96 feet from the north <br />property line for the dwelling and 35 feet from the east property line for an accessory structure. <br /> <br />6. Various agencies were contacted about the proposal and given an opportunity to comment: <br /> <br />Public Works Land Development and Engineering Permits (LDEP) requested that the following be included in the <br />land use decision. <br /> <br /> Requirements: <br /> <br />A. At the time of application for building permits an Access Permit will be required. An appropriately sized <br />culvert for the seasonal creek crossing will likely be 24-inch diameter. <br /> <br />B. Transportation System Development Charges (TSDCs) and Parks fee will be assessed at the time of <br />application for building permits. <br /> <br />C. Utility service extensions such as electric power originating from within the public right-of-way to the <br />property require permits from MCPW Engineering. <br /> <br />Marion County Septic commented: “We have reviewed the proposal for CU 24-043 and our comments are as <br />follows: A site evaluation is required.” <br /> <br />Marion County Building commented: “No Building Inspection concerns. Permit(s) are required to be obtained <br />prior to development and/or utilities installation on private property.” <br /> <br />All other commenting agencies stated no objection to the proposal. <br /> <br />7. In order to approve a non-farm dwelling the applicant must demonstrate compliance with the specific criteria <br />listed in MCC 17.136.060.B These include: <br /> <br />(1) The dwelling will be sited on a lot or parcel that is predominantly composed of Class IV through Class <br />VIII soils that would not, when irrigated, be classified as prime, unique, Class I or Class II soils. Soils <br />classifications shall be those of the Soil Conservation Service in its most recent publication, unless <br />evidence is submitted as required in MCC 17.136.130. <br /> <br />According to the Marion County Soils Analysis tool, 91.5% of the soils on the subject property are high <br />value farm soils, the majority being class II and III, with some class IV Terrace escarpments on the far <br />northern point of the property. The applicants have submitted an updated soils assessment to challenge the <br />NRCS data used by the Soils Analysis tool. A consideration of soil classification changes is allowed so <br />long as the submitted evidence meets the requirements of MCC 17.136.130, which reads as follows: <br /> <br />17.136.130 Consideration of soil classification changes for non-farm dwellings. <br />For purposes of approving an application for a dwelling not in conjunction with farm use under <br />MCC 17.136.050(A), the soil class, soil rating, or other soil designation of a specific lot or parcel may be <br />changed if the property owner submits a soil assessment prepared by a professional soil classifier that <br />has been reviewed and approved by the Department of Land Conservation and Development as meeting <br />the requirements in OAR 660-033-0045. <br />
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