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Staff Decision (3109)
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Staff Decision (3109)
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Last modified
5/17/2023 4:22:09 PM
Creation date
10/30/2024 3:20:17 PM
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Template:
Land Use
Case_Number
07-047
Document_Date
6/29/2007
Land Use Type
Partition
Tax_Lot_Number
071E07D 01100
Document_Type
Decision
Site_Address
3000 SEIMOLE RD NE
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• No surveyed required in on parcels created over ten acres. <br />• Per ORS 92.050, plat must be submitted for review. <br />• Checking fee, second mylar fee, and recording fee required. <br />• A current or updated title report must be submitted at the time of review. Title reports shall be no <br />less than 15 days old at the time of approval of the plat by the Surveyor's Office, which may require <br />additional updated reports. <br />• For a Partition Plat resulting from a Measure 37 case, the following statement must be shown below <br />the Marion County Planning Director signature blank: <br />MEASURE 37 WAIVER NOTICE: The Lots shown on this Plat were authorized by waivers of land <br />use regulations by Marion County and the State of Oregon pursuant to ORS 197.352 and Marion <br />County Ordinance #1209 as amended and filed in the Marion County Clerk's Office. Marion <br />County makes no warranties as to the transferability of the Lots or any development rights related to <br />the Lots. <br />The Silverton Fire District provided standards that must be complied with. <br />Marion County Tax Department: Indicated that any potential existing tax liability may need to be paid <br />prior to the partition or the establishment of dwellings. <br />All other contacted agencies either failed to respond, or stated no objection to the proposal at the time <br />this report was written. <br />8. Friends of Marion County provided comments in opposition to the proposal. <br />9. In M06-69 the Marion County Board of Commissioners waived regulations back to those in effect when <br />they first took ownership of the property on July 21, 1976 for Ronald Eberle, Jr. and January 21, 1985 <br />for Troy Eberle. The State of Oregon waived regulations back to those in effect when they first took <br />ownership of the property on July 19, 1976 for Ronald Eberle, Jr. and Troy Eberle on January 15, 1985. <br />The State of Oregon date will be considered the dates of the waiver for the purposes of this decision and <br />the waiver date for Ronald Eberle, Jr. will be considered for this application because it is the earlier date. <br />At that time, the property was zoned RAR (Residential Acreage Recreation), with a comprehensive plan <br />designation of "General Agriculture." In accordance with the authority granted under Measure 37, in <br />lieu of paying just compensation, directs that the following land use regulations not be applied to the <br />subject property: <br />1. Marion County Rural Zoning Ordinance (MCRZO) Section 139.010 <br />2. MCRZO Sections 139.030(a), (b), (c), (e) and (h) <br />3. MCRZO Sections 139.050(a) <br />4. MCRZO Sections 139.060(a) and (b), except (b)(4) <br />5. MCRZO Sections 139.090(a), except (2)(D) <br />6. MCRZO Sections 139.090(b) and (c) <br />7. Marion County Comprehensive Plan Forest Land and Farm/Forest Land Policies 1, 4, 5, <br />6, 8, 9 (except for fire hazard protection requirements) and 10 <br />This action by Marion County provides the county's authorization to the claimant to use their property <br />without being subject to the standards and regulations listed above that took effect after July 19, 1976 as <br />to Ronald Eberle Jr. <br />The Board of Commissioners also specified, "Any use of the property by the applicant under the terms <br />of this order will remain subject to the following laws: (a) those laws not specified in 1 above; (b) any <br />
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