V25-012 Staff Decision - Laserfiche WebLink

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Attention Property Owner: A land use proposal has been submitted for property near where you live or near property you own elsewhere. State law requires that the county notify property owners within a certain distance from this property. The proposal and address of the property is described in the "Application" section below. The decision in this case does not directly affect the zoning or use of your property. If you object to the decision, refer to the "Appeal" section. If you have questions, contact the staff person listed at the end of this report. NOTICE OF DECISION VARIANCE CASE NO. 25-012 APPLICATION: Application of Mark and Johanna Aalto for a variance to reduce the required 20-foot southern property line setback to an 8-foot setback for an accessory structure on a 2.83-acre parcel in the Timber Conservation (TC) zone located at 423 Phelps Mountain Ln SE, Silverton (T7S; R1E Section 36; Tax lot 1100). DECISION: The Planning Director for Marion County has APPROVED the above-described Variance application subject to certain conditions. EXPIRATION: This Variance is valid only when exercised by December 26th, 2027. The effective period may be extended for an additional year subject to approval of an extension (form available from the Planning Division). Additional extensions may not be granted if the regulations under which this decision was granted have changed since the original approval. WARNING: A decision approving the proposal is for land use purposes only. Due to septic, well, and drain field replacement areas, this parcel may not be able to support the proposal. To be sure the subject property can accommodate the proposal the applicant should contact the Building Inspection Division, (503) 588-5147. This decision does not include approval of a building permit. CONDITIONS: The following conditions must be met before a building permit can be obtained or the approved use established: 1. The applicant shall obtain all permits required by the Marion County Building Inspection Division, including any septic permits. 2. The proposed accessory structure shall maintain a setback of 8 feet minimum from the south property line. 3. The applicants shall maintain a fuel-free break area between the accessory structure and the southern property line. The applicants may consider working with the property owners to the south to coordinate additional fuel- break area. The “Recommended Fire Siting Standards for Dwellings and Structures and Fire Safety Design Standards for Roads” dated March 1, 1991, and published by the Oregon Department of Forestry outlines standards that can be used to guide such coordination. 4. The proposed structure shall meet the construction provisions of the Oregon Residential Specialty Code wildfire hazard mitigation section. This requirement shall be indicated on the documentation for the building permits for the structure. Planning staff shall also mark this in a comment on the site plan. 5. This variance shall apply only to the structure proposed and reviewed in this application. Future additions to the structure shall meet the same (or future equivalent) wildfire hazard mitigation standards. If the proposed structure is destroyed by fire, any replacement structure proposed in the same location shall obtain a new variance to the setbacks. 6. The development shall significantly conform to the site plan submitted with the proposal. Minor variations are permitted upon review and approval by the Planning Director. 7. Failure to continuously comply with the conditions of approval may result in this approval being revoked. Any revocation could be appealed to the county hearings officer for a public hearing.