AR26-005 Staff Decision - Laserfiche WebLink

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northeast was determined to be infeasible because of the parcel's steep topography and limited accessibility. The applicants also proposed several measures intended to minimize impacts to wildlife and maintain the parcel's function as big game habitat. These measures include managing exterior lighting to reduce light pollution and potential disruption of nocturnal wildlife behavior, properly storing refuse and food sources to discourage attracting predators and altering wildlife behavior, installing wildlife-friendly fencing to maintain wildlife movement between the surrounding forested lands and habitat on the subject property, and limiting landscaping to preserve native forage and existing habitat conditions. During the site visit, staff did not observe evidence of large predator species on the property; however, the habitat is capable of supporting species such as coyote, bobcat, black bear, and cougar. Although the proposed template test dwelling exceeds the density policy identified in the Comprehensive Plan, staff finds that the applicant's analysis, the technical evaluation prepared by Turnstone Environmental, and the concurrence of ODFW demonstrate that the potential effects on big game habitat and wildlife movement have been adequately evaluated. Based on the information in the record, staff finds that the proposed dwelling, together with the identified mitigation measures, is not expected to result in significant adverse impacts to the Big Game Habitat Overlay or the ODFW Priority Wildlife Connectivity Area. Therefore, this criterion is met. 8. The special standards in MCC 17.138.060 include: A. Special Siting Requirements. 1. Dwellings and structures shall comply with the special requirements in subsection (A)(2) or (3) of this section. Compliance with the provisions in subsections (A)(2) and (B), (F) and (G) of this section satisfies the criteria in subsection (A)(3) of this section. Alternative sites that meet the criteria in subsection (A)(3) of this section may be approved concurrently with any land use application or as provided in Chapter 17.116 MCC. 2. Siting Standards for Dwellings and Other Buildings. a. Dwellings shall be at least 200 feet from any abutting parcel in farm use or timber production. Buildings other than a dwelling shall be located at least 100 feet from any abutting parcel in farm use or timber production. b. The special setback in subsection (A)(2)(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)(2)(a) of this section prohibit a claimant’s application for homesites under ORS 195.300 through 195.336. c. The dwelling or other building shall be located within 300 feet of the driveway entrance on an abutting public road; or, if the property does not abut a public road for a distance of at least 60 feet, the dwelling or other building shall be located within 300 feet of the point where the driveway enters the buildable portion of the property. 3. Review Criteria for Alternative Sites. Sites for dwellings or buildings that do not meet the siting requirements in subsection (A)(2) of this section may be approved if the proposed site will meet the following criteria: a. The site will have the least impact on nearby or adjoining forest or agricultural lands; b. The site ensures that adverse impacts on forest operations and accepted farming practices on the tract will be minimized; c. The amount of agricultural and forest lands used to site access roads, service corridors, the dwelling and structures is minimized; and d. The risks associated with wildfire are minimized. The subject property contains limited buildable area due to its topography, wetlands, and forested conditions. As proposed, the dwelling would be located in the southeastern portion of the property, approximately 134 feet from the southern property line and 150 feet from the eastern property line. Because the proposed dwelling does not meet the 200-foot setback required by subsection (A)(2)(a), the proposal must satisfy the alternative siting criteria in subsection (A)(3)(a)–(d).