ADJ26-004 Staff Decision - Laserfiche WebLink

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(Exh. A), 2011; Ord. 1271 § 5, 2008; Ord. 1227 § 4, 2006; Ord. 1168 § 5, 2002; Ord. 1125 § 7, 2000. RZ Ord. § 128.050.] The proposed site plan places a potential future dwelling in the best suited location on the property that maximizes the dwelling’s distance from the active timber lands while still allowing the dwelling to be functionally viable; allows for a septic system, and maintains appropriate stream setbacks from the identified perennial stream that crosses the southern portion of the property. 7. In order to approve the adjustment, the criteria found in Chapter 17.116.020(A) of the Marion County Code (MCC) must be satisfied. These include: 1. The proposed development will not have a significant adverse impact upon adjacent existing or planned uses and development; and The applicants are proposing to adjust the special setbacks required to establish a dwelling adjacent to parcels in active timber management. The proposal is not expected to interfere with the current forest operations as the parcel is already zoned for residential use as is the adjacent land. In addition, the Forest Service and Freres Timber company both have independent access to their respected lands, and the applicants will access their land from a public throughfare. By adjusting the special setbacks from 200 feet to 100 feet still leaves some separations between uses while not inhibiting the applicant’s development potential. The criterion is met. 2. The adjustment will not have a significant adverse affect upon the health or safety of persons working or residing in the vicinity; and This proposal will not affect the health or safety of the residents or workers; other nearby residential zones have less separation than the applicants are proposing and are not expected to have any adverse effects. The criterion is met. 3. The adjustment is the minimum necessary to achieve the purpose of the adjustment and is the minimum necessary to permit development of the property for the proposed use; and The adjustment of 200 feet to 100-feet for the western boundary and 100 feet from the southern boundary is the minimum necessary to permit the development of the proposed future dwelling. This is the furthest away from the property line the applicant is able to place the dwelling and maintain as much separation as possible, and this takes into account the creek that runs across the southern portion of the property and other topographical features of the parcel. The criterion is met. 4. The intent and purpose of the specific provision to be adjusted is clearly inapplicable under the circumstances; or, the proposed development maintains the intent and purpose of the provision to be adjusted. The purpose of the adjustment is to allow the applicants to place a dwelling, septic system, well and other features needed to establish a dwelling site while attempting to keep as much distance from the neighboring property line as possible. This adjustment still maintains reasonable setbacks which maintains the intent of the zone. The criterion is met. 8. Based on the above discussion, it has been determined that the request satisfies all applicable criteria and is, therefore, APPROVED. Brandon Reich Date: June 4th, 2026. Planning Director/Zoning Administrator If you have any questions regarding this decision contact George Brandt 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.