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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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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
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The parcel is serviced by the Monitor fire district and the Marion County Sheriff. Other rural services such as a <br />well, septic, and electricity can be established in the future to provide other services. Lastly, the parcel has direct <br />access onto Union School Rd. Therefore, the criterion is met. <br /> <br />(c) The use will not have a significant adverse impact on watersheds, groundwater, fish and wildlife habitat, <br />soil and slope stability, air and water quality. <br /> <br />The parcel contains an identified intermittent stream, which appears to eventually connect to the main body of the <br />Pudding River about 2,700 feet northwest of the subject parcel. As such, there is potential for an impact on the <br />watershed and water quality, but the proposed use of a residence is not likely to generate significant adverse <br />impacts so long as development complies with applicable environmental and sanitation requirements . The <br />criterion is met. <br /> <br />(d) Any noise associated with the use will not have a significant adverse impact on nearby land uses. <br /> <br />The proposed use of a non-farm dwelling is not expected to generate noises above normal residential levels, <br />which are not likely to have significant adverse impacts on nearby farm uses. The criterion is met. <br /> <br />(e) The use will not have a significant adverse impact on potential water impoundments identified in the <br />Comprehensive Plan, and not create significant conflicts with operations included in the Comprehensive <br />Plan inventory of significant mineral and aggregate sites. <br /> <br />There are no water impoundments identified by the comprehensive plan near the parcel. Therefore, the criterion is <br />met. <br /> <br /> <br />9. In addition, non-farm dwellings shall be subject to the following code as provided for in 17.137.070, Non-farm <br />dwelling requirements: <br /> <br />(A) Special Setbacks. <br />1. Dwellings. A special dwelling setback of 200 feet from any abutting parcel in farm use or timber <br />production is required. <br />2. Accessory Buildings. A special setback of 100 feet is required for buildings accessory to a dwelling <br />from any abutting parcel in farm use or timber production. <br /> <br />The applicant is proposing to site the dwelling and an accessory structure towards the northeast corner of the <br />parcel, in the location of the hazelnut orchard visible in the imagery. According to the applicant’s site plan, the <br />dwelling is proposed to be 55 feet from the east property line and 96 feet from the north property line. The new <br />shop is proposed to be 36 feet from the east property line. As such the dwelling would not meet the special <br />setback requirement of 200 feet from abutting parcels in farm use and the accessory structure would not meet the <br />required 100-foot special setback. The applicant is requesting an adjustment to the special setback requirements. <br />The Adjustment criteria are addressed below. <br /> <br />3. Adjustments. The special setbacks in subsections (A)(1) and (2) of this section may be reduced if it is <br />determined, concurrently with any land use application or as provided in Chapter 17.116 MCC, that a <br />lesser setback will meet the following review criteria for alternative sites: <br /> <br />a. The site will have the least impact on nearby or adjoining forest or agricultural lands. <br /> <br />The applicant’s proposed location would site the dwelling and accessory structure near the north and east property <br />lines. Along most of the property line with the farm parcel to the north is a woodlot that does not appear to be <br />planted as part of a timber harvesting purpose. This provides adequate buffering from the main farm dwelling and <br />structures on the bordering northern parcel. However, the woodlot does not extend the full distance of the <br />northern property line. The eastern 130 feet of the northern property line is a field and the full extent of the east <br />property line of the subject parcel is a commercial farm field planted in grass or grain. There are other locations
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