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AR25-010 Staff Decision
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AR25-010 Staff Decision
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Last modified
7/1/2025 8:10:30 AM
Creation date
7/1/2025 8:10:47 AM
Metadata
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Template:
Land Use
Case_Number
25-010
Document_Date
7/1/2025
Land Use Type
Administrative Review
Tax_Lot_Number
082W10B000400
Document_Type
Decision
Site_Address
6620 HERITAGE HILL RD SE
Text box
ID:
1
Creator:
EDIAZ
Created:
7/1/2025 8:10 AM
Modified:
7/1/2025 8:10 AM
Text:
https://www.codepublishing.com/cgi-bin/oar.pl?cite=660-006-0027
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A site visit by staff to the subject property found that nursery stock was on the property in pots at the location <br />visible in the 2024 Google Earth imagery. While only taking up 1% of the total parcel area, the parcel is currently <br />employed for the farm use that produced the income. The criterion is met. <br /> <br />d. The proposed dwelling will be occupied by a person or persons who produced the commodities <br />which generated the income in subsection (A)(1)(b) of this section; <br /> <br />In their statement, the applicant (in this case, the warm body members of Locust Rental I LLC) addresses this <br />criterion by stating that they will live on the property. The criterion is met, however it shall be made a condition <br />of approval that the person who generated the farm income shall be the person who builds and resides in the <br />dwelling. <br /> <br />8. In addition, MCC 17.137.030(A)(6) states the following: <br /> <br />All of the property in a tract used for the purposes of establishing a farm dwelling shall be held, sold and <br />conveyed subject to the following covenants, conditions and restrictions: <br /> <br />It is not lawful to use the property described in this instrument for the construction or siting of a dwelling or to <br />use the acreage of the tract to qualify another tract for the construction or siting of a dwelling. <br />These covenants, conditions, and restrictions can be removed only at such time as the property described herein <br />is no longer protected under the statewide planning goals for agricultural and forest lands or the legislature <br />otherwise provides by statute that these covenants, conditions and restrictions may be removed and the <br />authorized representative of the county or counties in which the property subject to these covenants, conditions <br />and restrictions is located executes and records a release of the covenants, conditions and restrictions, consistent <br />with OAR 660-006-0027. <br /> <br />This criterion will be made a condition of approval. The applicant will be required to sign and record a declaratory <br />statement acknowledging that the parcel was already utilized to qualify for a primary farm dwelling through this <br />application. <br /> <br />9. Based on the above findings, it has been determined that the request satisfies all applicable criteria and is, <br /> therefore, APPROVED. <br /> <br /> <br />Brandon Reich Date: June 30th, 2025 <br />Planning Director/Zoning Administrator <br /> <br />If you have any questions regarding this decision contact Alexander Seifer at (503) 588-5038 <br /> <br />Notice to Mortgagee, Lienholder, Vendor or Seller: ORS Chapter 215 requires that if you receive this Notice, it must <br />promptly be forwarded to the purchaser. <br /> <br />
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