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CU26-012 Staff Decision
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CU26-012 Staff Decision
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Last modified
5/20/2026 9:48:27 AM
Creation date
5/20/2026 9:48:42 AM
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Land Use
Case_Number
26-012
Document_Date
5/20/2026
Land Use Type
Conditional Use
Tax_Lot_Number
092W24C000900
Document_Type
Decision
Site_Address
12803 BRICK RD SE
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The proposed use by the applicant is the placement of a temporary dwelling during a medical hardship. Hardship <br />dwellings have the potential to impact neighboring farming operations through increases in traffic and conflicts <br />relating to the proximity of the dwelling to these farm uses. Expanding further, the spray, dust, and noise generated <br />by the neighboring farm uses can bring conflict with residents who are not involved in these operations. The <br />hardship dwelling will be located within 100 feet of the prim ary dwelling and will connect to the existing utilities <br />serving the dwelling. As proposed on the site plan submitted with the application, the hardship dwelling will also <br />be over 100 feet away from all neighboring properties in farm use. Both factors reduce the impact of the new <br />hardship dwelling on neighboring farm uses; the location will concentrate the area of additional impact to a specific <br />location and the distance to neighboring farm parcels acting as a buffer from the fields to the dwelling in particular. <br />The hardship is also not anticipated to have a significant increase on traffic either, as it will be occupied by the <br />equivalent of one household. The medical hardship dwelling is also a temporary use, and the impacts will not be <br />experienced permanently, if they are even felt at all. Lastly, the applicants will be required to sign a farm/forest <br />declaratory statement acknowledging the presence of agricultural operations in the area. <br /> <br />With these different factors taken into account, the proposed hardship dwelling is unlikely to cause a significant <br />change or greatly increase the cost of accepted agricultural practices in the area. The criterion is met. <br /> <br />2) Adequate fire protection and other rural services are, or will be, available when the use is established. <br /> <br />The parcel is located within the Stayton Fire District and is within the response area of the Marion County Sheriff. <br />The property already contains a well and septic that service the existing dwelling and the property has electrical <br />connections. All other rural services necessary can be made available if required. The criterion is met. <br /> <br />3) The use will not have a significant adverse impact on watersheds, groundwater, fish and wildlife habitat, <br />soil and slope stability, air and water quality. <br /> <br />The subject parcel and more specifically the proposed location of the temporary dwelling are not located near any <br />identified streams or drainage ways, reducing impacts on watersheds. The hardship dwelling (whether it’s an RV <br />or manufactured home) will be required to get a permit to connect to the existing septic system on the property and <br />there will be required re-authorizations of the connection required every 5 years, reducing the potential for <br />groundwater contamination. The parcel is located in a flat area without any concern for slope destabilization or soil <br />stability. The dwelling will also have a similar impact on air and water quality as a normal dwelling, which under <br />normal circumstances is unlikely to rise to the level of being “significantly adverse” if all required building and <br />septic permits are obtained. Therefore, the criterion is met. <br /> <br />4) Any noise associated with the use will not have a significant adverse impact on nearby land uses. <br /> <br />The proposed hardship dwelling is unlikely to generate noise in excess of the existing dwelling on the property. The <br />current agricultural land uses involve the growing of grass seed and hazelnuts, which are not farming uses impacted <br />significantly by noise. Therefore, the criterion is met. <br /> <br />5) The use will not have a significant adverse impact on potential water impoundments identified in the <br />Comprehensive Plan and not create significant conflicts with operations included in the Comprehensive <br />Plan inventory of significant mineral and aggregate sites. <br /> <br />There are no nearby water impoundments identified in the Marion County Comprehensive Plan that would be <br />impacted by this proposal, as the closest is the North Santiam River over 4,000 feet away. Also, there are no nearby <br />aggregate sites for the proposal to impact. The criterion is met. <br /> <br />10. Based on the above findings, it has been determined that the applicants’ request meets all applicable criteria for <br /> placing a temporary manufactured home/RV for medical hardship purposes and is, therefore, APPROVED. <br /> <br /> <br />Brandon Reich Date: May 20th, 2026 <br />Planning Director/Zoning Administrator <br /> <br />If you have any questions regarding this decision contact Alexander Seifer at (503) 588-5038 <br /> <br />Notice to Mortgagee, Lienholder, Vendor or Seller: ORS Chapter 215 requires that if you receive this Notice, it must <br />promptly be forwarded to the purchaser.
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