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Staff Decision (4388)
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Staff Decision (4388)
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Last modified
8/7/2023 12:37:42 PM
Creation date
10/30/2024 4:16:21 PM
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Land Use
Case_Number
23-013
Document_Date
4/14/2023
Land Use Type
Conditional Use
Document_Type
Decision
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absence or if absent from the property for at least 30 consecutive days prior to submission of the renewal <br />application. <br />9. One of the residences shall be removed from the property within 90 days of the date the person(s) with the <br />hardship or the care provider no longer reside on the property. <br />10. Extended absence from the property may result in revocation of the hardship permit; issuance of a citation <br />pursuant to MCC 1.25.030; and/or initiation of civil action in circuit court pursuant to MCC 1.25.050. <br />11. Prior to issuance of a building MD placement permit for the medical hardship dwelling, acquire an Access Permit, <br />and under the Permit consolidate the two driveway access approaches into a single access not to exceed 24 feet in <br />width measured at the front property line. <br />12. Driveway access to the public R/W must meet PW Engineering standards. Notwithstanding exception granted for <br />topographical, drainage and/or other legitimate spatial constraints (such as conflict with a septic drain field), <br />residential properties are authorized a total of one (1) access. In 2001 the shop building was constructed, and an <br />approved Driveway Exemption #01-06096 on -record documented a single (northwest) access. Subsequently to <br />that time, a 35-foot wide, secondary access serving the shop was apparently installed to the southeast without <br />permits, potentially by a prior owner. <br />OTHER PERMITS, FEES, AND RESTRICTIONS: This approval does not remove or affect covenants or restrictions <br />imposed on the subject property by deed or another instrument. The proposed use may require permits and/or fees from <br />other local, State or Federal agencies. This decision does not take the place of, or relieve the responsibility for, obtaining <br />other permits or satisfying any restrictions or conditions thereon. <br />APPEAL PROCEDURE: 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) based on new information subject to signing an extension of the <br />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 reconsideration, or <br />consideration by a hearings officer, must be in writing (form available from the Planning Division) and received in the <br />Marion County Planning Division, 5155 Silverton Rd. NE, Salem, by 5:00 p.m. on MaV 1, 2023. If you have <br />questions about this decision, contact the Planning Division at (503) 588-5038 or at the office. This decision is effective <br />Mav 2, 2023, unless further consideration is requested. <br />FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. <br />1. The property is designated Primary Agriculture in the Marion County Comprehensive Plan. The purpose of this <br />designation and the corresponding EFU (Exclusive Farm Use) zone is to allow for the creation of acreage home <br />sites at a density that maintains the character and environmental quality of the County's rural residential areas. <br />2. The property is located on the north side of Lardon Road NE, approximately 140 feet northwest of the intersection <br />of Lardon Road NE and 55th Avenue NE, near Salem. The property currently contains a dwelling and an <br />accessory structure. The parcel was created as Lots 10 and 11 of the Fletcher's Subdivision in 1968 and is <br />therefore a legal parcel for land use purposes. <br />3. The zoning surrounding the subject parcel is exclusively EFU. This mainly consists of a mix of rural residential <br />and small to large farms. All adjacent parcels are developed with dwellings. <br />4. A signed Primary Care Provider Certificate has been submitted for Dovie Bertolucci indicating she has medical <br />conditions that preclude her from maintaining a completely separate and detached dwelling apart from her family. <br />5. The following comments were submitted by various agencies who had been notified about this land use case: <br />
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