ADJ26-004 Staff Decision - Laserfiche WebLink

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The Marion County Tax Accessor provided information about future tax liabilities and payments. All other commenting agencies stated no objection to the proposal or failed to provide comments. 6. 17.128.050 Special siting standards for dwellings near resource zones. A. Any new dwelling in an AR zone shall be required to maintain a special setback from any parcel in the EFU, SA, FT, or TC zones. A 100-foot setback is the standard adjacent to farm use and 200 feet is the standard adjacent to forest uses. These setbacks may be reduced if it is determined, concurrently with any land use application or as provided in Chapter 17.116 MCC, that a lesser setback will meet the following review criteria for alternative home sites: 1. The location of the home site will have the least impact on nearby or adjoining forest or agricultural lands. 2. The location of the home site ensures that adverse impacts on forest operations and accepted farming practices on the tract will be minimized. 3. The amount of agricultural and forestlands used to site access roads, service corridors, the dwelling and structures is minimized. 4. The risks associated with wildfire are minimized. The proposed dwelling site will be a minimum distance of 100 feet from the western property line where the zone is Timber Conservation and is State of Oregon forested land. In addition, the dwelling will be a minimum of 100 feet from the southern property line were Freres Timber currently operates an active timber stand. It is important to note that the forested lands adjacent to the subject parcel were destroyed by the 2020 Beachie Creek Fire and are not currently forested . However, this is likely to change in the future as the timber grows back. Therefore, maintaining the special setback, or as reasonably as possible, serves to protect the subject parcel and the timber operations from potential future conflicts should the forest land be harvested. This satisfies 1 and 2 above. The subject parcel is bordered by residential property to the east and north, meaning that the applicant’s property can be accessed by preexisting non-county roads. This will minimize the need for access roads, service corridors, and structures on the adja cent resource lands. This satisfies 3 above. The risks associated with wildfire should be minimized by building permit conditions as specified by the Marion County Building and Inspection department at the time building permits are applied for. In addition, the subject parcel is in the Stayton Fire District’s jurisdiction, and the applicants are directed to contact the fire department for recommended building access and premise identification regulations as well as the Marion County Fire Code Applications Guide per OTHER PERMITS, FEES AND RESTRICTIONS #5 above. This satisfies 4 above of this subsection. B. The owner of a proposed dwelling to be located within 500 feet of the EFU, SA, FT, or TC zones shall be required to concur in the filing of the declaratory statement prescribed in the respective resource zone. A declaratory statement acknowledging that the subject parcel and dwelling are located in or near resource zone shall be a conditional of approval for future building permits. The criterion can be met by this requirement. C. The owner of a proposed dwelling located on a parcel adjacent to the FT or TC zone shall, as a condition of approval, be required to provide for fire hazard management in accordance with Chapter 3 of “Fire Safety Considerations for Developments in Forested Areas, 1978” and any revisions thereto. This shall be a condition of approval for the approval of building permits. The criterion can be met by this requirement. D. The special setback in subsection (A) of this section shall not be applied in a manner that prohibits dwellings approved pursuant to ORS 195.300 through 195.336 nor should the special setback in subsection (A) of this section prohibit a claimant’s application for homesites under ORS 195.300 through 195.336. [Ord. 1313 § 4