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APPEAL PROCEDURE: The Marion County Zone Code provides that certain applications be considered first by the County Planning Director. If there is any doubt that the application conforms with adopted land use policies and regula- tions the Director must deny the application. Anyone who disagrees with the Director's decision may appeal the decision to a Marion County hearings officer. The applicant may also request reconsideration (one time only and a $200.00 fee) 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. Appeals must be in writing (form available from the Planning Division) and received in the Marion County Planning Division, 5155 Silverton Rd. NE, Salem by 5:00 p.m. on November 7th, 2024. If you have questions about this decision, contact the Planning Division at (503) 588-5038 or at the office. This decision is effective on November 8th, 2024, unless appealed. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. l. The subject property is in a rural residential designated zone in the Marion County Comprehensive Plan. The major purpose of this designation and the corresponding Acreage Residential (AR) zone is to provide land that is suitable for the development of acreage homesites 2. The property is located at 9493 Clover Lane SE, which is approximately one quarter of a mile west of the intersection of Cloverdale Drive SE and Parrish Gap Road SE about two miles southwest of the City of Turner. The subject property contains a dwelling, a residential accessory structure and several other accessory buildings. The parcel was created in its current configuration by a property line adjustment in 2017 by case PLA17-017 and the resulting parcels were recorded on Plat PP 2018-004. The parcel is legal for land use purposes. 3. Surrounding properties primarily consist of acreage home sites in the Acreage Residential zoning with evidence of ongoing home and accessory building development. To the south of Cloverdale Drive SE, the predominant zoning is Special Agriculture with a mix of farming activity and large acreage residential. 4. The applicants are requesting an adjustment to the required property line setback of 10 feet for the side yard …..(MCC 17.168.060 (B)(2) to eight feet. The reason for the request is to accommodate the construction of an …..addition onto the north side of the existing shop building to create additional living space with separate access …..from outside the shop building. 5. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Building commented: “Permit(s) are required to be obtained prior to development and/or utilities installation on private property.” The Marion County Tax Accessor provided information about the taxes on the property. All other commenting agencies stated no objection to the proposal or failed to provide comments. 6. In order to approve the adjustment, the criteria found in Chapter 17.116.020(A) of the Marion County Code (MCC) must be satisfied. These include: 1. The proposed development will not have a significant adverse impact upon adjacent existing or planned uses and development; and The applicants are proposing to build an addition onto the existing residential accessory building. This will result in an increase in the size of the building; however, the addition will need to encroach into the required 10-foot property line setback by two feet. The area around the applicant’s property is already developed and further development is limited by land use zoning and proximity to the existing county road. The criterion is met. 2. The adjustment will not have a significant adverse affect upon the health or safety of persons working or residing in the vicinity; and