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STAFF DECISION (3764)
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STAFF DECISION (3764)
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Last modified
1/11/2012 9:33:28 AM
Creation date
10/30/2024 3:56:12 PM
Metadata
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Template:
Land Use
Case_Number
11-030
Document_Date
12/15/2011
Land Use Type
Property Line Adjustment
Tax_Lot_Number
103W01 00503
Document_Type
Decision
Site_Address
1100 CEMETERY HILL RD SE
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<br /> <br />6. The applicant should contact Jefferson Fire District and obtain a copy of the District's Recommended Building <br />Access and Identification Guidelines. For personal and property safety it is recommended that the applicant <br />follow these guidelines. Fire District access standards may be more restrictive than County standards. <br /> <br />APPEAL PROCEDURE: <br /> The Marion County Zone Code provides that certain applications be considered first by the <br />County Planning Director. If there is any doubt that the application conforms with adopted land use policies and regula- <br />tions the Director must condition or deny the application. Anyone who disagrees with the Director's decision may request <br />that the application be considered by a Marion County hearings officer after a public hearing. The applicant may also <br />request reconsideration (one time only and a fee of $200) on the basis of new information subject to signing an extension <br />of the 150 day time limit for review of zoning applications. <br /> <br />A public hearing is held on appeals subject to the appellant paying a $250.00 fee. Requests for reconsideration, or <br />consideration by a hearings officer, must be in writing (Appeal Form available from the Planning Division) and received <br />DECEMBER 30, 2011 <br />in the Marion County Planning Division, 5155 Silverton Road NE, Salem, by 4:00 p.m. on . If <br />you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is <br />DECEMBER 31, 2011 <br />effective unless further consideration is requested. <br /> <br />FINDINGS AND CONCLUSIONS <br />: The findings and conclusions on which the decision was based are noted below. <br /> <br />1. The subject properties are designated Primary Agriculture in the Marion County Comprehensive Plan and <br />correspondingly zoned EFU (Exclusive Farm Use). The intent of both this designation and zone is to promote <br />and protect commercial agricultural operations. <br /> <br />2. The parcels are located on the north side of Cemetery Hill Rd SE approximately 1,800 feet east of its intersection <br />with Salamander Rd SE. The 113.45 acre parcel (tax lot 503) is undeveloped and currently in farm use. The <br />property identified as tax lot 503 was recognized as a separate legal parcel under Administrative Review Case 02- <br />65 (AR02-65) and described as Parcel 3 of Partition Plat 1992-84. The 1.27 acre parcel (tax lot 800) is developed <br />as a cemetery. Tax lot 800 was created in its current configuration by deed recorded on April 18, 1973 (Reel 250 <br />Page 054). The properties are considered legal parcels for land use purposes. <br /> <br />3. Adjacent properties to the east and southeast are zoned EFU (Exclusive Farm Use) and consist predominantly of <br />commercial farms, small farm properties and a cemetery. To the north and northwest are smaller acreage parcels <br />and a railroad line all within the EFU zone. Properties to the south are located in the urban growth boundary of <br />Jefferson and zoned UT (Urban Transition) and properties to the southwest are located within the City of <br />Jefferson. <br /> <br />4. The Soil Conservation Service Soil Survey of Marion County indicates that tax lots 503 and 800 are <br />predominately composed of high-value farm land soils. <br /> <br />5. The applicants propose to adjust the property lines on a 113.45 acre parcel (tax lot 503/Ceja) and a 1.27 acre parcel <br />(tax lot 800/City of Jefferson) to create a 112.6 acre parcel and a 2.16 acre parcel. <br /> <br />6. Information listed below may be a narrative summary of comments received from various agencies. Complete <br />written comments are available in the file. <br /> <br />Public Works Land Development and Engineering Permits had no specific comments. <br /> <br />Marion County Surveyors Office commented that the property line adjustment is within a recorded partition plat, <br />therefore a replat is required in accordance with ORS 92.185(6). Both parcels must be surveyed and platted per <br />ORS 92.050 and the plat submitted for review along with survey checking and recording fees. <br /> <br />Marion County Tax Office provided tax status information of the property. A potential additional tax liability <br />may exist which may need to be paid before a partition or adjustment would be approved. Please contact the farm <br />section of the Marion County Assessor’s Office at (503) 588-5049 for more information. <br /> <br />
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