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ADJ26-006 Staff Decision
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ADJ26-006 Staff Decision
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Last modified
7/24/2026 9:07:02 AM
Creation date
7/24/2026 9:07:12 AM
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Land Use
Case_Number
26-006
Document_Date
7/24/2026
Land Use Type
Adjustment
Tax_Lot_Number
071E09A001200
Document_Type
Decision
Site_Address
17433 POWERS CREEK LP NE
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7. In order to approve the adjustment, the criteria found in Chapter 17.116.020(A) of the Marion County Code (MCC) <br />must be satisfied. These include: <br /> <br />1. The proposed development will not have a significant adverse impact upon adjacent existing or planned <br />uses and development; and <br /> <br />The applicants are proposing to adjust the special setbacks required to establish a dwelling adjacent to <br />parcels in active timber management. The proposal is not expected to interfere with the current forest <br />operations as the parcel as the location of the dwelling has been cleared of trees and a buffer of trees still <br />exists between the proposed dwelling and the neighboring parcel to the west. The use is expected to be <br />consistent with the residences on neighboring lands. Adjusting the special setbacks from 200 feet to 85 feet <br />still leaves some separations between uses while not inhibiting the applicant’s development potential. The <br />criterion is met. <br /> <br />2. The adjustment will not have a significant adverse affect upon the health or safety of persons working or <br />residing in the vicinity; and <br /> <br />This proposal will not affect the health or safety of the residents or workers; the proposal is consistent with <br />other residential uses on adjacent properties. The criterion is met. <br /> <br />3. The adjustment is the minimum necessary to achieve the purpose of the adjustment and is the minimum <br />necessary to permit development of the property for the proposed use; and <br /> <br /> The adjustment of 200 feet to 85-feet for the western boundary is the minimum necessary to permit the <br />development of the proposed future dwelling. The buildable area on this property is limited due to the steep <br />slopes and other topographical features. The applicants are attempting to locate the dwelling further than <br />85 feet from the property line if they can manage to find a location for the septic system. Therefore, 85-feet <br />will be the minimum necessary if the other homesite does not work. The criterion is met. <br /> <br />4. The intent and purpose of the specific provision to be adjusted is clearly inapplicable under the <br />circumstances; or, the proposed development maintains the intent and purpose of the provision to be <br />adjusted. <br /> <br />The purpose of the adjustment is to allow the applicants to place a dwelling, septic system, well and other <br />features needed to establish a dwelling site while attempting to keep as much distance from the neighboring <br />property line as possible. This adjustment still maintains reasonable setbacks which maintains the intent of <br />the zone. The criterion is met. <br /> <br />8. Based on the above discussion, it has been determined that the request satisfies all applicable criteria and is, <br />therefore, APPROVED. <br /> <br /> <br />Brandon Reich Date: July 24th, 2026. <br />Planning Director/Zoning Administrator <br /> <br />If you have any questions regarding this decision, contact Gillian Peden 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. <br />
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