ADJ25-010 Staff Decision - Laserfiche WebLink

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ii. [...](3)(B)(i) Electric fencing enclosing livestock shall be clearly posted with warning signs notifying persons of a dangerous fence. The signs shall be posted at an interval of not less than 15 feet. Marion County Septic commented: “Per OAR 340-071-0130(12) and OAR 340-071-0220(1)(h) all existing and replacement drainfield locations must be free of livestock, vehicular traffic, or any other activity that may negative impact the soil or function of the system.” All other agencies either failed to comment or stated no objection to the proposal. 6. In order to approve the adjustment, the criteria found in 16.41.030 MCC must be satisfied. These include: (a) The proposed development will not have a significant adverse impact upon adjacent existing or planned uses and development; and The proposed adjustment to reduce the 100-foot setback for farm animals and related farm structures will allow for the continuation of farm animals to exist in a zone where such animals are outright permitted. The applicants indicate their farm operation has been in place for over 20 years on the subject property. Furthermore, the subject property is not adjacent to any single or multi-family zone, but is rather adjacent to all Urban Transition land, where farm use is permitted. The UT zone implements the residential comprehensive plan designation and is therefore a residential zone. There will be no increase in adverse impact on this adjacent area than has been for the last 20 years. The criterion is met. (b) The adjustment will not have a significant adverse effect upon the health or safety of persons working or residing in the vicinity; and The applicants detailed their process for mitigating waste from their farming operation. They proactively manage manure by collecting manure and are given to local nurseries, gardeners, and farmers, preventing the accumulation of large piles and mitigating any health impacts to those in living or working in the area. They also state they mitigate flies by placing fly bags around the perimeter of the property and use fly powder and fly control block. It can be concluded that the applicants have taken adequate measures to ensure the health and safety of persons residing and working in the vicinity are not adversely impacted. The criterion is met. (c) The adjustment is the minimum necessary to achieve the purpose of the adjustment and is the minimum necessary to permit development of the property for the proposed use; and The purpose of the proposed adjustment is to allow the continuation of farm animals to exist within the bounds of the subject property. No other standards are being adjusted; the 100-foot adjustment from adjacent properties is impossible for the applicants to meet, as the width of the property is only ~180 feet wide. There is not enough physical space on the property for the applicants to keep their farm animals under the current provisions set forth. Therefore, the 0-foot setback is the minimum necessary to accommodate the existing farm animals on the property. The criterion is met. (d) The intent and purpose of the specific provision to be adjusted is clearly inapplicable under the circumstances; or, the proposed development maintains the intent and purpose of the provision to be adjusted. The intent of the provision MCC 16.13.130-140 is to mitigate potential conflicts between farm uses and adjacent residential uses by requiring a 100-foot setback for farm animals and related structures. However, under the specific circumstances of this case, strict application of the setback requirement is impractical and does not serve the underlying intent of the provision. The subject property is physically constrained and cannot accommodate 100-foot setbacks from all property lines. The applicants have maintained farm animals on the property for over 20 years without issue, and only recently have concerns been raised. The long-standing nature of this farm use suggests