CU26-012 Staff Decision - Laserfiche WebLink

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Agreement be filed by the applicant ensures that the manufactured home/RV will be removed from the property/ RV removed or disconnected and no longer used for residential purposes when the hardship ceases. The applicants in their initial statement were unsure if a manufactured home or an RV would be used as the temporary hardship dwelling, however in a conversation with the applicant Gayle Herman on May 13th, 2026 they stated they were looking at manufactured homes for the dwelling. Also it should be stated that the applicants are not the owners of the subject property. Rather, they are holders of a 40-year lease for the roughly 2-acres surrounding the dwelling assigned the address 12793 Brick Rd SE. The proposed hardship dwelling location is within 100-feet of the 12793 Brick Rd dwelling and is proposed to connect to the utilities serving this dwelling, meeting the siting requirements. Lastly, 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. This shall be made a condition of approval. The criteria under this section are met. 9. The following criteria apply to all conditional uses in the EFU zone and are being applied directly from ORS 215: 1) Approval requires review by the governing body or its designate under ORS 215.296. Uses may be approved only where such uses: a. Will not force a significant change in accepted farm or forest practices on surrounding lands devoted to farm or forest use; and b. Will not significantly increase the cost of accepted farm or forest practices on surrounding lands devoted to farm or forest use. c. For purposes of subsection (a) and (b), 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 subsection (a) and (b), 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 subsection (a) and (b). F) In the consideration of potentially mitigating conditions of approval under ORS215.296(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 subsection (a) and (b). The predominant forms of commercial agriculture in the local area include hazelnut orchards, grass seed fields, and blueberry fields. Each of these crops have different growing regimes that can be disrupted by the introduction of non-farm uses into the area. Typical farm practices for these types of crops involve chemical spray application, fertilizer application, annual harvest periods in ranging from as early as June to November, as well as the use of flail mowers and plowing fields.