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STAFF DECISION (3527)
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STAFF DECISION (3527)
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Last modified
6/21/2017 12:26:44 PM
Creation date
10/30/2024 3:31:06 PM
Metadata
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Template:
Land Use
Case_Number
10-003
Document_Date
4/9/2010
Land Use Type
Partition
Tax_Lot_Number
072W07DC00500
Document_Type
Decision
Site_Address
3725 45TH AV NE
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OTHER PERMITS, FEES, AND RESTRICTIONS: This approval does not remove or affect any <br />covenants or restrictions imposed on the subject property by deed or other instrument. The proposed <br />use may require permits and/or fees from other local, State or Federal agencies. This decision does not <br />take the place of, or relieve the responsibility for obtaining other permits or satisfying any restrictions <br />or conditions thereon. It is recommended that the agencies mentioned in Finding #6 below be <br />contacted to identify restrictions or necessary permits. The applicant is advised of the following: <br />6. The applicants should contact Marion County Fire District #1 to obtain a copy of the District's <br />Recommended Building Access and Premise Identification regulations and the Marion County <br />Fire Code Applications Guide. Fire District access standards may be more restrictive than <br />County standards. Paula Smith at MCFD#1/(503) 588-6513 is the contact person. <br />7. The applicant is advised that the engineering requirements, listed as C through I in the <br />comments received from LDEP in item #5 of the Findings and Conclusions section below, shall <br />be met to their satisfaction. <br />APPEAL PROCEDURE: The Marion Zone Code provides that certain Partition applications be con- <br />sidered first by the County Planning Director. If there is any doubt that the application conforms with <br />adopted land use policies and regulations the Director must condition or deny the application. Any <br />interested person who disagrees with the Director's decision may request that the application be consid- <br />ered by the Marion County Hearings Officer after a public hearing. The applicant may also request a <br />reconsideration (one time only and a fee of $200) on the basis of new information subject to signing an <br />extension of the 150 day time limit for review of zoning applications. <br />A public hearing is held on appeals subject to the appellant paying a $250.00 fee. Requests for <br />reconsideration, or consideration by the Hearings Officer, must be in writing (Appeal Form available <br />from the Planning Division) and be received, together with the appeal fee, in the Marion County <br />Planning Division, 555 Court St. NE, 2nd Floor, Salem, by 4:00 p.m. on APRIL 26, 2010. Please <br />note an appeal directly to the Land Use Board of Appeals is not allowed under ORS 197.830. If you <br />have any question about this application or the decision please call 588-5038 or visit the County <br />Planning Office at the above address. This decision is effective APRIL 27, 2010 unless further <br />consideration is requested. <br />FINDINGS AND CONCLUSIONS: The findings and conclusions on which the Director based his <br />decision are noted below. <br />1. The subject parcel is located within the Salem Urban Growth Boundary (UGB), designated <br />Multiple Family Residential in the Salem Area Comprehensive Plan, and zoned UD (Urban <br />Development). The UD (URBAN DEVELOPMENT) zone is under the jurisdiction of Marion <br />County. <br />2. The subject parcel is located on the west side of 45`h Avenue NE approximately 900 feet north <br />of its intersection with Silverton Road NE. The property contains a dwelling, and accessory <br />structures. The property has been described in its current configuration since at least June 19, <br />1946 and is considered a legal lot for land use purposes. <br />Surrounding uses include single and multi -family residential uses to the northeast and south <br />and Chemeketa Community College to the west. <br />
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