V25-012 Staff Decision - Laserfiche WebLink

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(e) The variance will not have a significant adverse affect upon the health or safety of persons working or residing in the vicinity; and The proposed structure is an accessory structure to an existing dwelling and is unlikely to generate pollution that would disrupt nearby uses. Also, the structure would not be located in an area with identified geohazards and is required to have engineering, so the risk of landslide does not exist. The only potential impact to health and safety of persons residing in the vicinity would be the risk of wildfire, as the proposed structure will be located within the recommended defensible space that currently exists between the dwelling and the forest parcel. Fire-breaks are important for the health and safety of the property owners because the fuel-free space can provide additional time for evacuation in an emergency and even save the dwelling in fortunate situations. The area inside a fire-break needs to be kept clear, or objects within this area must be resistant to fire, for it to effectively protect the house and neighboring properties. To account for this increased risk, conditions must be applied so that construction of the proposed structure in the area proposed by this variance can meet this criterion. Wildfire hazard reduction requirements and fire protection measures typical of high risk builds in wilderness areas are necessary requirements. Some of these standards are administered by the local fire district and in Marion County building codes. One such example is the Oregon Residential Specialty Code section for wildfire hazard mitigation. This section applies to dwellings and residential accessory structure and provides material and design standards that help make structure fire resistant, a necessary requirement for a structure located within the current fire-break of the dwelling. A condition of approval shall be made so that the proposed structure meet these provisions. Additionally, MCC 17.138.060 contains regulations on fire hazard reduction and fire protection pertaining to residential accessory structures. Where applicable, these standards shall be made conditions of approval to reduce the risk of wildfire caused by the proposed structure. With proper development and conditions of fire mitigation in place, the proposal can be executed such that there are no significant adverse effects on health or safety of people working or residing in the vicinity. The criterion is met. (f) The variance will maintain the intent and purpose of the provision being varied. The subject property is within the TC zone and is 2.83-acres in size. The minimum lot size in the TC zone is 80- acres and the 20-foot minimum setback for residential accessory structures was established both to keep non- resource related buildings away from neighboring farm or forest uses on nearby parcels and because most parcels within this zone are generally much larger than 2.83-acres. The thought is that residential uses can disrupt resource uses when located in close proximity to these uses. In this situation, it is unlikely that the accessory structure will make the propagation of timber product more expensive or disrupt the process significantly under most conditions. The applicants shall be required to sign a farm/forest declaratory statement to acknowledge the risks and realities of living in close proximity to forest uses. Additionally, it was previously addressed that required space between structures and property lines provides the benefit of a fuel-break space. With the required building standards and mitigation conditions outlined in the previous section, the proposal will also maintain that part of the provision’s purpose as well. Therefore, the criterion is met. 7. Based on the above findings, the applicant’s request meets all applicable criteria and is, therefore, APPROVED. Brandon Reich Date: December 10th, 2025 Planning Director/Zoning Administrator If you have any questions regarding this decision contact Alexander Seifer at (503) 588-5038 Notice to Mortgagee, Lienholder, Vendor or Seller: ORS Chapter 215 requires that if you receive this Notice, it must promptly be forwarded to the purchaser.