AR26-005 Staff Decision - Laserfiche WebLink

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The applicants state that the proposed homesite was selected because it utilizes the existing driveway access, minimizes tree removal, and is located within an area that has already experienced human disturbance. As discussed previously, the applicants evaluated alternative building locations and concluded that the proposed homesite would result in the least amount of habitat disturbance while avoiding wetlands, steep slopes, and other site constraints. The parcel to the south and west is developed with a residence and is predominantly forested with mature timber. Based on aerial photography and the information submitted, this parcel does not appear to be actively managed for commercial timber production. The parcel to the north appears to be in active forest use and is heavily timbered. The proposed dwelling would be located more than 400 feet from the northern property line and would remain separated from adjacent forest uses by substantial areas of existing timber. As a result, the proposed development is not expected to significantly interfere with accepted or ongoing forest practices on surrounding properties. Staff also found no evidence of adjacent agricultural operations that would be affected by the proposed dwelling. The applicants indicate that they will retain as much existing vegetation as practicable, with tree removal limited to that necessary for construction of the dwelling and improvements to the existing driveway. As discussed elsewhere in these findings, the proposed homesite requires less tree removal and habitat disturbance than the alternative locations evaluated by the applicants. As a condition of approval, the applicants shall implement and maintain an approved fire hazard reduction plan, including required defensible space and fire protection measures. These measures will reduce wildfire risks to the proposed residence while limiting unnecessary vegetation removal beyond that required for fire protection. Based on the information in the record, staff finds that the proposed homesite represents the most suitable alternative location on the property and minimizes impacts to surrounding resource lands while avoiding unnecessary conflicts with adjacent forest uses. Therefore, staff finds that the proposal satisfies the alternative siting criteria in subsection (A)(3)(a) through (d). B. Declaratory Statement. For all dwellings, and other uses deemed appropriate, the property owner shall be required to sign and allow the entering of the following declaratory statement into the chain of title for the lot(s) or parcel(s): The property herein described is situated in or near a farm or forest zone or area in Marion County, Oregon, where the intent is to encourage, and minimize conflicts with, farm and forest use. Specifically, residents, property owners and visitors may be subjected to common, customary and accepted farm or forest management practices conducted in accordance with federal and state laws that ordinarily and necessarily produce noise, dust, smoke and other impacts. The grantors, including their heirs, assigns and lessees do hereby accept the potential impacts from farm and forest practices as normal and necessary and part of the risk of establishing a dwelling, structure or use in this area, and acknowledge the need to avoid activities that conflict with nearby farm or forest uses and practices, grantors will not pursue a claim for relief or course of action alleging injury from farming or forest practice for which no action is allowed under ORS 30.936 or 30.937. This shall be made a condition of approval. C. Domestic Water Supply. 1. The applicant shall provide evidence that the domestic water supply is from a source authorized in accordance with the Water Resources Department’s administrative rules for the appropriation of groundwater or surface water and not from a Class II stream as defined in the Forest Practices Rules (OAR Chapter 629). 2. Evidence of a domestic water supply means verification from a water purveyor that the use described in the application will be served by the purveyor under the purveyor’s rights to appropriate water; or a water use permit issued by the Water Resources Department for the use described in the application; or verification from the Water Resources Department that a water use permit is not required for the use. 3. If the proposed water supply is from a well and is exempt from permitting requirements under ORS 537.545, the applicant shall submit the well constructor’s report upon completion of the well.