CU25-045 Staff Decision - Laserfiche WebLink

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The submitted site plan indicates that the hardship dwelling will be located just north of the primary dwelling, just outside of the identified 100 year floodplain and well within 100 feet of the primary dwelling. As the dwelling on the subject parcel is a non-farm dwelling, it was given a special setback of 100 feet from the north and northeast property lines. While an RV is not a structure, in this case it will be used as a dwelling and must be located outside of the special dwelling setback. As such, it will be made a condition of approval that the RV be located at minimum 100 feet from the north and northeast property lines. 10. Since the property is located in an EFU zone, the proposal must also satisfy the conditional use criteria in MCC 17.136.060(A). Those requirements are: 1. The use will not force a significant change in, or significantly increase the cost of, accepted farm or forest practices on surrounding lands devoted to farm or forest use. Land devoted to farm or forest use does not include farm or forest use on lots or parcels upon which a non-farm or non-forest dwelling has been approved and established, in exception areas approved under ORS 197.732, or in an acknowledged urban growth boundary. For purposes of this section, a determination of forcing a significant change in accepted farm or forest practices on surrounding lands devoted to farm and forest use or a determination of whether the use will significantly increase the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use requires: a. Identification and description of the surrounding lands, the farm and forest operations on those lands, and the accepted farm practices on each farm operation and the accepted forest practices on each forest operation; b. An assessment of the individual impacts to each farm and forest practice, and whether the proposed use is likely to have an important influence or effect on any of those practices. This assessment applies practice by practice and farm by farm; and c. An assessment of whether all identified impacts of the proposed use when considered together could have a significant impact to any farm or forest operation in the surrounding area in a manner that is likely to have an important influence or effect on that operation. d. For purposes of this subsection, examples of potential impacts for consideration may include but are not limited to traffic, water availability and delivery, introduction of weeds or pests, damage to crops or livestock, litter, trespass, reduction in crop yields, or flooding. e. For purposes of this section, potential impacts to farm and forest practices or the cost of farm and forest practices, impacts relating to the construction or installation of the proposed use shall be deemed part of the use itself for the purpose of conducting a review under this section. f. In the consideration of potentially mitigating conditions of approval under ORS 215.296(2), the governing body may not impose such a condition upon the owner of the affected farm or forest land or on such land itself, nor compel said owner to accept payment to compensate for the significant changes or significant increases in costs described in this section. Farming operations in the immediate area are comprised mostly of grass seed and other row crop rotations and these are mostly relegated to the northwest side of the property. Much of the land to the south and west are residences on moderate acreage that are kept as either riparian habitat or woodlots. Accepted practices in the area would be field/ground preparation, harvesting using combines or other large machinery, chemical sprays and fertilizer application, and irrigation. A temporary additional dwelling would primarily impact these uses by placing a dwelling in closer proximity to these practices, which has impacts on how the farmers must apply chemicals . However, the RV is proposed to be sited on a parcel that has an approved non-farm dwelling with a special 100-foot setback to the farming uses on the northeast side. As such, the RV will also be subject to these special setback requirements, mitigating the main issue of proximity of a dwelling to neighboring farm uses. Other potential impacts of consideration—such as noise, pollution, or additional traffic—are unlikely to be of substantial note and cannot be reasonably anticipated to rise to the level of “significant adverse impact”. MCC 17.136.050(B) requires that a declaratory statement meeting the requirements of MCC 17.136.100(C) be filed and this serves to notify the applicant and subsequent owners that there are farm or timber operations in the area.