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Staff Decision (4579)
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Staff Decision (4579)
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Last modified
10/18/2024 12:24:11 PM
Creation date
10/30/2024 4:19:29 PM
Metadata
Fields
Template:
Land Use
Case_Number
24-038
Document_Date
10/18/2024
Land Use Type
Property Line Adjustment
Tax_Lot_Number
072W29BA01300
Document_Type
Decision
Site_Address
4938 CENTER ST NE
Additional Info
072W29BA01200
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6. Prior to recording the deeds all taxes due must be paid to the Marion County Assessor’s Office Tax Section <br />(contact them at (503) 588-5215 for verification of payments). <br /> <br />7. The applicants should contact Marion County Fire District Number 1 to obtain a copy of the District’s <br />Recommended Building Access and Premise Identification regulations and the Marion County Fire Code <br />Applications Guide. Fire District access standards may be more restrictive than County standards. <br /> <br /> <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 $250) 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 (form available from the Planning Division) and received in the <br />Marion County Planning Division, 5155 Silverton Road NE, Salem, by 5:00 p.m. on November 4th, 2024. 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 />November 5th, 2024 unless further consideration is requested. <br /> <br />FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. <br /> <br />1. The subject properties are designated Developing Residential in the City of Salem Comprehensive Plan and <br />correspondingly zoned UT-5 under the jurisdiction of Marion County. The primary intent of both this designation <br />and zone is to provide land for future urban residential development. <br /> <br />2. The properties are located on the South side of Center St NE about 700 feet west of Cordon Rd NE and the Salem <br />Urban Growth Boundary (UGB) line. Tax lot 1200 is described in a 1975 deed (Reel 13, Page 186) in its current <br />configuration and is reflected on a 1976 survey (survey # 025468). Tax lot 1300 is described in its current <br />configuration on deed dated 1978 (Reel 48, Page 965) and described by a 1976 survey (survey # 025468). The <br />subject parcels are considered legal for land use purposes. <br /> <br />3. Adjacent properties to the West, East and South are zoned UT-5 and consist of small acreage homesites. To the <br />north the properties are incorporated into the City of Salem and zoned single family residential. The properties <br />further east are rural Marion County Acreage Residential (AR) homesites outside the City of Salem Urban <br />Growth Boundary (UGB). <br /> <br />4. The applicants are proposing to adjust the property lines on a 1.46-acre parcel and a 0.96-acre parcel to create a <br />1.34-acre parcel and a 1.09-acre parcel. <br /> <br />5. Various agencies were contacted about the proposal and given an opportunity to comment: <br /> <br />Marion County Surveyor’s Office commented: <br />• Properties 10 acres or less must be surveyed per ORS 92.060 (7) and the survey submitted for review. <br />• Survey checking fee required at the time of review. <br />• Property line adjustment deeds shall be recorded with the Marion County Clerk’s Office. Per ORS 92.190 <br />(4).” <br /> <br />Marion County Building commented: <br />“Proposed property line appears to be running through existing home. A more accurate site plan should be <br />submitted to clarify the actual proposed property line(s) as they relate to all existing structures. A minimum of 3 <br />feet to existing residential structures and a minimum 10 feet to commercial structures (if applicable) are <br />recommended dimensions to establish new property lines. If any less than these dimensions, then additional fire
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