AR25-024 Staff Decision - Laserfiche WebLink

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A. The site will have the least impact on nearby or adjoining forest or agricultural lands; 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 forest lands used to site access roads, service corridors, the dwelling and structures is minimized; and D. The risks associated with wildfire are minimized. In order to meet the big game density standards by applying an alternative analysis, the applicant has proposed a dwelling location in the southwestern portion of the subject parcel that clusters the dwelling within 200-feet (approximately 180-feet) of the dwelling on the west adjacent parcel. The dwelling on the south adjacent parcel is approximately 350-feet from the proposed location. The west adjacent parcel is in farm use, but the area that is actually adjacent to the subject property is the homesite. Placement within the special 200-foot siting to the west will not have a detrimental effect on the farming taking place on this parcel. Setbacks to all other adjacent parcels will be in excess of 200 feet as shown on the site plan. Assessed setbacks to the west and south adjacent parcels will be 20-feet to accommodate clustering. Modification of the site plan to realize some range between 20 and 200 to the south will require an updated site plan review and approved by the Planning Director. The proposed site not only has the least impact on big game habitat, but by clustering homesites it also has the least impact on timber production and agricultural uses in the immediate area. Additionally, clustered homes which all have fire breaks and fire protection minimize the risks to humans living in the area in the event of a wildfire. The proposal therefore consistent with the review criteria for alternative siting. (b) Declaratory Statement. The owner of property for which a dwelling, structure or other specified use has been approved shall be required to sign and allow the entering of the following declaratory statement into the chain of title for the subject lots or parcels: “The property herein described is situated in or near a farm or forest zone or area in Marion County, Oregon where the intent is to encourage, and minimize conflicts with, farm and forest use. Specifically, residents, property owners and visitors may be subjected to common, customary and accepted farm or forest management practices conducted in accordance with federal and state laws which ordinarily and necessarily produce noise, dust, smoke and other impacts. The grantees, including their heirs, assigns and lessees do hereby accept the potential impacts from farm and forest practices as normal and necessary and part of the risk of establishing a dwelling, structure or use in this area, and I/We acknowledge the need to avoid activities that conflict with nearby farm or forest uses and practices I/We will not pursue a claim for relief or course of action alleging injury from farming or forest practice for which no action is allowed under ORS 30.936 or 30.937.” This will be made a condition of approval. (c) Domestic Water Supply. (1) The applicant shall provide evidence that the domestic water supply is from a source authorized in accordance with the Water Resources Department's administrative rules for the appropriation of ground water or surface water and not from a Class II stream as defined in the Forest Prac- tices Rules (OAR Chapter 629). (2) Evidence of a domestic water supply means verification from a water purveyor that the use described in the application will be served by the purveyor under the purveyor's rights to appropriate water; or a water use permit issued by the Water Resources Department for the use described in the application; or verification from the Water Resources Department that a water use permit is not required for the use. (3) If the proposed water supply is from a well and is exempt from permitting requirements under ORS 537.545, the applicant shall submit the well constructor's report upon completion of the well. Demonstrating compliance with the criteria in c(1), (2), and (3) prior to the issuance of any building permit for a dwelling will be made a condition of approval. There is no reason to believe that the criterion cannot be satisfied.