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CU24-043 HO Decision
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CU24-043 HO Decision
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Last modified
4/29/2025 9:37:38 AM
Creation date
4/29/2025 9:37:51 AM
Metadata
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Land Use
Case_Number
24-043
Document_Date
4/29/2025
Land Use Type
Conditional Use
Tax_Lot_Number
051W210000200
Document_Type
Decision
Site_Address
14950 Block of Union Rd NE
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mixture of grasses and grain. Using available imagery from 2021 and 2023, staff also identified <br />hazelnut orchards and nursery stock as the other major farm uses within the study area. <br />Within the study area there were a total of 112 whole and partial tax lots. All 112 lots included <br />in the study area are zoned EFU. A significant majority of the lots within the study area are <br />below 60-acres in size, with only 10 of the 112 tax lots containing more than 60-acres. The <br />largest parcel within the study area is 243.33-acres and is predominantly planted in hops, <br />however most of this parcel is located outside the study area and is on the other (west) side of <br />the Pudding River from the subject parcel. <br />In the findings of the 2000-acre study, Applicant found that out of the 112 full and partial tax <br />lots 79 already contained a dwelling, leaving 33 vacant tax lots. 27 of the 33 vacant lots either <br />contained high value soils or were in contiguous ownership with other parcels that already had <br />dwellings, meaning that such parcels would not qualify for a non -farm dwelling. Of the <br />remaining 6 vacant tax lots, 4 contained a majority high value soils and would not qualify for a <br />lot -of -record due to the date of ownership transfer. This leaves one additional parcel within the <br />study area that could be developed with a non -farm dwelling. In its analysis, Applicant <br />addresses the fact that one of the study area parcels was under review for a Lot -of -Record <br />dwelling (case AR24-019) and since a decision had not been made at the time of their analysis, <br />it was inventoried as not having a dwelling. <br />In addition to describing the land use within the full study area, Applicant narrows down the <br />focus and describes the immediate local land use pattern as a combination of the typical row <br />crop farms and 3 smaller lots with dwellings that aren't acting as primary farm dwellings. <br />(c) Determine whether approval of the proposed non farm dwellings together with <br />existing non farm dwellings will materially alter the stability of the land use pattern. <br />The stability of the land use pattern will be materially altered if the cumulative effect of <br />existing and potential non farm dwellings will make it more difficult for the existing <br />types of farms in the area to continue operation due to diminished opportunities to <br />expand, purchase, or lease farmland, or acquire waste rights or diminish the number of <br />tracts or acreage in farm use in a manner that will destabilize the overall character of <br />the study area. <br />Applicant contends that due to the drainage way bisecting the subject parcel, the soil <br />reclassification report finding that the subject parcel is predominantly non -high value farm <br />soils, and the size of the parcel (8.4-acres) all coalesce to limit the viability of the parcel to be <br />commercially farmed. Additionally, they assert that permitting a non -farm dwelling on the <br />subject parcel would be compatible with the smaller parcels containing dwellings located <br />across Union School Rd to the west and adjacent to the south. These elements, in combination <br />with aerial imagery dating back to the 1950's showing failed attempts to farm the southern 6- <br />acres of the parcel, sufficiently demonstrate the unsuitability of the parcel for commercial <br />agriculture on its own. <br />Applicant has shown that a non -farm dwelling in the immediate local area is consistent with the <br />existing land use pattern, as there are three neighboring parcels with dwellings not serving as <br />primary farm dwellings, all predating the adoption of land use ordinances. <br />CU 24-043 — ORDER <br />MKI CONSTRUCTION, LLC <br />Page 11 <br />
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