CU24-043 HO Decision - Laserfiche WebLink

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Finally, Oregon right to farm laws prevent the Applicant or future property owners from objecting to the impact that farming uses will have on the Property. As conditioned, Applicant has demonstrated that the Application meets the applicable approval criteria, 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 forestlands used to site access roads, service corridors, the dwelling and structures is minimized. As addressed in the Staff Decision and the Application, developing the Improvements in the SW portion of the Property would require locating the Improvements within the setback along Union School Road, the required setback from a neighbor's existing well and the required setback along the Creek. These constraints resulted in the Applicant's proposed location, which the Applicant has revised to the extent possible in a further attempt to comply with the special setbacks. Additionally, as stated above, only a small amount of the Property is comprised of high value soils according to the soil assessment performed for Applicant. As shown in the soil report, the available high value soils are approximately 1.58 acres of WuA Woodburn located in the southeast corner of the property and 0.68 acres of WuC Woodburn located in the northeast corner of the property. Under the Appellant's suggested placement, Applicant would be moving the Improvements into the largest portion of the High Value Soils available on the Property. The Applicant considered the soil quality and capacity as well as the historic productivity on the Property when locating the dwelling and accessory building. Applicant has selected a site that minimizes impacts to accepted farming practices on the tract and minimized the amount of agricultural lands used to site the dwelling and structures. Applicant's proposal is to preserve as much of the available high-class soils as possible in hopes that it will be able to utilize those soils for small scale agricultural uses. Applicant has demonstrated that the Application meets the applicable approval criteria d. The risks associated with wildfire are minimized The proposed location for the new dwelling is within 100 feet of a small, wooded portion of the neighboring farm parcel. Wildfires are not likely to be a significant risk in this area as most of the surrounding area is utilized as farmland, not timberland. Applicant states it will comply with a wildfire mitigation plan and take steps to reduce the risk of the new residence starting a wildfire in the area. The criterion is met. (B) Fire Hazard Reduction. As a condition of approval for any non farm dwelling located closer than 200 feet to timber, the owner shall be required to maintain a primary and secondary fuel free break area in accordance with the provision in "Recommended Fire Siting Standards for Dwellings and Structures and Fire Safety Design Standards for Roads" dated March 1, 1991, and published by the Oregon Department of Forestry. CU 24-043 — ORDER MKI CONSTRUCTION, LLC Page 14