CU25-003 Staff Decision - Laserfiche WebLink

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A (2) a: Dwellings shall be at least 200 feet from any abutting parcel in farm use or timber production. Buildings other than a dwelling shall be located at least 100 feet from any abutting parcel in farm use or timber production. A (2) b: The special setback in subsection (A)(2)(a) of this section shall not be applied in a manner that prohibits dwellings approved pursuant to ORS 195.300 through 195.336 nor should the special setback in subsection (A)(2)(a) of this section prohibit a claimant’s application for homesites under ORS 195.300 through 195.336. A (2) c: The dwelling or other building shall be located within 300 feet of the driveway entrance on an abutting public road; or, if the property does not abut a public road for a distance of at least 60 feet, the dwelling or other building shall be located within 300 feet of the point where the driveway enters the buildable portion of the property. A (3): Review Criteria for Alternative Sites. Sites for dwellings or buildings that do not meet the siting requirements in subsection (A)(2) of this section may be approved if the proposed site will meet the following criteria: a. The site will have the least impact on nearby or adjoining forest or agricultural lands. b. The site ensures that adverse impacts on forest operations and accepted farming practices on the tract will be minimized. c. The amount of agricultural and forest lands used to site access roads, service corridors, the dwelling and structures is minimized. d. The risks associated with wildfire are minimized. B: Declaratory Statement. The owner of property for which a dwelling, structure or other specified use has been approved shall be required to sign and allow the entering a declaratory statement into the chain of title for the subject lots or parcels: Farm/Forest Declaratory Statement. 12. The property to the west of the subject property is in farm use and has a farm deferral from property taxes, according to the Marion County Tax Assessor's records. Only one of the other adjacent properties have farm tax deferral. The location of the hardship dwelling is located approximately 130 feet from the property with the farm deferral, adjacent to a structure that was used as a dwelling in the past. The existing primary dwelling on the subject property is located approximately 180 feet from the property with the farm deferral. Both dwellings are located within 200 feet of the subject property in timber use or with a special farm deferral on their property taxes, however, both homesites were developed prior to adoption of the special setback criterion. The temporary hardship dwelling is located no closer to the farmed property than other existing structures, is located within the developed area of the property, would not change impacts on farming and would minimize wildfire risk. The temporary dwelling is located within 300 feet of the point where the driveway enters the buildable portion of the property and is closer to the public road than the primary dwelling. A condition of approval will require that the previous Declaratory Statement in effect for CU12-007 to remain in effect for this hardship because the subject property is in a resource zone. This serves to notify the applicant and subsequent owners, that farm or timber operations are located in the area. The proposal can meet the standards in 11 (A)(2) and (B). 12. Based on the above findings, it has been determined that the applicants’ request meets all applicable criteria for placing a temporary manufactured home/RV for medical hardship purposes and is, therefore, APPROVED. Brandon Reich Date: February 5th, 2025 Planning Director/Zoning Administrator If you have any questions regarding this decision contact George Brandt at (503) 566-3981 Notice to Mortgagee, Lienholder, Vendor or Seller: ORS Chapter 215 requires that if you receive this Notice, it must promptly be forwarded to the purchaser.