CU24-045 Staff Decision - Laserfiche WebLink

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OTHER PERMITS, FEES AND RESTRICTIONS: This approval does not remove or affect covenants or restrictions imposed on the subject property by deed or other instrument. The proposed use may require permits and/or fees from other local, state or federal agencies. This decision does not take the place of, or relieve the responsibility for , obtaining other permits or satisfying restrictions or conditions thereon. It is recommended that the agencies mentioned in Finding #6 below be contacted to identify restrictions or necessary permits. The applicant is advised of the following: 7. The applicants should contact the Salem Suburban Fire Department to obtain a copy of the District’s Recommended Building Access and Premise Identification regulations and the Marion County Fire Code Applications Guide. Fire District access standards may be more restrictive than County standards. 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 condition or deny the application. Anyone who disagrees with the Director's decision may request that the application be considered by a Marion County hearings officer after a public hearing. The applicant may also request reconsideration (one time only and a fee of $250) 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. Requests for reconsideration, or consideration by a hearings officer, 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 29th2024. If you have questions about this decision, contact the Planning Division at (503) 588-5038 or at the office. This decision is effective December 2nd, 2024, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. l. The subject property is designated Special Agriculture in the Marion County Comprehensive Plan and correspondingly zoned SA (Special Agriculture). The primary intent of both this designation and zone is to promote and protect small agricultural operations while also providing the opportunity for some acreage residential and other uses that are compatible with agricultural activities. 2. The property is located at the southwest corner of Riverdale Road South and Sawmill Road South. The property contains a since decommissioned single-family dwelling built in 1972, a 2017 replacement dwelling, and several accessory buildings. In addition to the structures, the property contains a well and septic system. The property is described in deed Reel 4202, Page 4 dated 2019 in its current configuration and correlates with surveys from 1971 (Survey 22163) and 1977 (Survey 26205). The property is considered legal for land use purposes. 3. Surrounding properties consist of a mix of Acreage Residential (AR) zoned and SA zoned small sized farm operations and small acreage residential uses. 4. The Marion County Soils Analysis tool identifies that 28.5% of the soils on the subject property are high value. 5. The applicants are proposing to place a manufactured dwelling on the property to be used as a medical hardship for Leticia Gal, the mother of the applicant Istvan Gal. The applicants state that Leticia Gal’s physical health and age require her to have regular support for her day-to-day care and wellbeing. They are proposing that Istvan and Cathleen Gal will be their caretakers while they continue to live in the primary dwelling. They will help care for Leticia and be available to transport her to her needed physician appointments and other related needs.. 6. Various agencies were contacted about the proposal and given the opportunity to comment. 5. Public Works Land Development Engineering and Permits Division (LDEP) commented: Engineering Requirements: “At the time of application for building permits an Access Permit will be required to remedy several access related issues listed below. Note that these items will need to be completed prior to the issuance of