PV25-012 Staff Decision - Laserfiche WebLink

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In 2021 there was an approved, peer reviewed Hydrogeology Review submitted in conjunction with land use case SUB21-002, which is the land use case that created the parcel which is now the subject of this proposal. That Hydrogeology Review looked at the impact of an 8-lot subdivision on the existing groundwater situation. The applicants received approval for subdivision case SUB21-002 which resulted in 7 of the 8 lots approved by the Hydrogeology Review being created. As such, under the existing review, there is still the ability to create one more lot within the reviewed area, contingent upon there being no new development within the quarter mile radius that was the Hydrogeology Review’s evaluation area. As of the time of application for this Partition, there has been no approved or applied-for applications for Partitions or Subdivisions within the 2021 Review’s evaluation area, and all new developments have occurred within the Subdivision that was granted approval because of that Review. Therefore, with this new proposal of a new lot, it is viewed with regards to this section as a second phase of the subdivision approved by the 2021 Hydrogeology Review—completing the full extent of development determined to be sustainable through the Hydrogeology Review. Additionally, the applicant has provided the first of the required observation well static water level measurements as required by the peer reviewed and approved well monitoring plan required as a condition of approval for SUB21-002. This observation well measurement shows no signs of significant decline in local groundwater levels. In this situation, Staff views this proposal as functionally a second phase of the subdivision, so the observation well measurements are sufficient to allow the next phase of the subdivision to continue, as outlined under MCC 17.181.120 (B). However, the County requires a Declaratory Statement be recorded with the property deed. This notifies the applicant and subsequent owners that there may be long term groundwater supply problems and that the County is not responsible for deepening or replacing wells. The County also requires submission of static water level measurements prior to recording the plat for all existing wells, and prior to building permits for all undeveloped parcels created through this application. 7. There are no specific approval criteria for partitions in the AR zone. MCC 17.128.070 requires a minimum lot size of two acres and the new parcels are consistent with this standard. Subsequently, the proposal meets the criteria for partitioning in the AR zone. 8. In order to obtain a variance the proposal must meet the criteria in found in Section 17.122.020 of the Marion County Rural Zone Code (MCC). These criteria are: 1. There are unnecessary, unreasonable hardships or practical difficulties which can be relieved only by modifying the literal requirements of the ordinance; and The applicant states that based on the engineering and planning of the previously approved subdivision (SUB21- 002) the lots must be configured such that the proposed Parcel 2 of this application does not have frontage to a public right-of-way for access. The first reason is that a condition of approval for SUB21-002 from Marion County LDEP was to close all direct access off Cloverdale Dr and take all access off Donald Ln, including for the existing lot that has full right-of-way frontage on its south side (see SUB21-002, Condition #3B). Second, the applicant explains that the construction of the rural services, including the storm water engineering and drain field planning, are built allow flow downhill towards the east. Configuring the lots such that they both have frontage along Cloverdale Dr would require siting a house farther from the eastern portion of the property, resulting in an increased cost to extend service lines to rural utilities already in place along Donald Ln. By developing the new lot in consonance with the subdivision plan, it reduces the cost for development, keeps the new parcel in harmony with existing and in-progress development, and complies with the requirements of Marion County LDEP. Therefore, the criterion is met. 2. There are unusual circumstances or conditions applying to the land, buildings, or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings, or uses in the same zone; however, nonconforming land uses or structures in the vicinity or violations of land use regulations or standards on the subject property shall not in themselves constitute such circumstances or conditions; and