STAFF DECISION (3459) - Laserfiche WebLink

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ADDITIONAL CONDITIONS: Once the approved use is established the following conditions must be continually satisfied: 7. After the property line adjustment has been completed, no alteration of property lines shall be permitted without first obtaining approval from the Planning Director. OTHER PERMITS, FEES, AND RESTRICTIONS: This approval does not remove or affect any covenants or restrictions imposed on the subject property by deed or other instrument. The proposed use may require permits and/or fees from other local, State or Federal agencies. This decision does not take the place of, or relieve the responsibility for obtaining other permits or satisfying any restrictions or conditions thereon. It is recommended that the agencies mentioned in Finding #5 below be contacted to identify restrictions or necessary permits. APPEAL PROCEDURE: The Marion County Rural and Urban Zoning Ordinances provide that certain Property Line Adjustment applications be considered first by the County Planning Director. If there is any doubt that the application conforms with adopted land use policies and regulations the Director must condition or deny the application. Any interested person who disagrees with the Director's decision may request that the application be considered by the Marion County Hearings Officer after a public hearing. The applicant may also request a reconsideration (one time only and a fee of $200) on the basis of new information subject to signing an extension of the 150 day time limit for review of zoning applications. A public hearing is held on appeals subject to the appellant paying a $250.00 fee. Requests for reconsideration, or consideration by the Hearings Officer, must be in writing (Appeal Form available from the Planning nd Division) and be received in the Marion County Planning Division, 555 Court St. NE, 2 Floor, Salem, by 4:00 August 3, 2009 . p.m. on Please note an appeal directly to the Land Use Board of Appeals is not allowed under ORS 197.830. If you have any question about this application or the decision please call 588-5038 or visit August 4, 2009 the County Planning Office at the above address. This decision is effective unless further consideration is requested. FINDINGS AND CONCLUSIONS : The findings and conclusions on which the Director based his decision are noted below. 1. The subject properties are inside the Salem/Keizer Urban Growth Boundary and designated Single Family Residential in the Salem Area Comprehensive Plan (SACP). The parcels’ UT-5 (Urban Transition – 5 Acre Density) zoning is under the jurisdiction of Marion County. 2. The properties are located on the south side of Silverton Road NE approximately 875 feet west of the intersection of Silverton Road NE and Cordon Rd NE. The northern parcel is developed with a dwelling, and the southern parcel is developed with an accessory structure and a barn. The parcels are considered separate legal parcels as a result of deeds recorded March 20, 1957 (tax lot 600) and August 5, 1976. 3. The adjacent property to the north is zoned Public and consists of a public school. The property to the west is zoned multi-family residential (RM) and consists of multi-family dwelling units. The property to the south is zoned UT-5 and consist of Faith Baptist Church. 4. The applicants are proposing to reconfigure the two existing parcels by adjusting a common property line. The applicants intend to move the south property line of tax lot 500 to continue the east property line south to the south property line of tax lot 500. This would decrease the size of tax lot 500 from 1.02 acres to 0.78 acres, and increasing the size of tax lot 600 from 0.48 acres to 0.72 acres. No new parcels are being created and no additional development is proposed with this request.