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Staff Decision PLA24-042
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Staff Decision PLA24-042
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Last modified
11/21/2024 9:32:44 AM
Creation date
11/21/2024 9:34:13 AM
Metadata
Fields
Template:
Land Use
Case_Number
24-042
Document_Date
11/21/2024
Land Use Type
Property Line Adjustment
Tax_Lot_Number
042W300000600
Document_Type
Decision
Site_Address
19111 RIVER RD NE SAINT PAUL; 19101 RIVER RD NE SAINT PAUL
Additional Info
042W30000800
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obtaining other permits or satisfying any restrictions or conditions thereon. It is recommended that the agencies <br />mentioned in Finding # 6 below be contacted to identify restrictions or necessary permits. <br /> <br />6. Prior to recording the deed all taxes due must be paid to the Marion County Assessor Tax Section (contact them at <br />(503) 588-5215 for verification of payments). <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 $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 (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 December 6th, 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 />December 9th, 2024, unless further consideration is requested. <br /> <br />FINDINGS AND CONCLUSIONS: Findings and conclusions on which 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 primary intent of both this designation and zone is to <br />promote and protect commercial agricultural operations. <br /> <br />2. The properties are located at 19101 and 19111 River Road NE in St Paul, west of River Road and approximately <br />800 feet southwest of its intersection with Davidson Road. The larger parcel identified as Tax Lot 600 is a <br />predominantly flat field in agricultural use with a slightly wooded area and two small streams running from south <br />to north in the middle. The smaller parcel, identified as Tax Lot 800, contains a dwelling built in 1969 prior to <br />land use planning regulations. Tax Lot 601 contains a farm dwelling that was established in a farm dwelling case <br />in 1996 (FD96-007) by Marion County Planning. Tax lot 600 and tax lot 601 comprised one legal parcel as <br />described by the farm dwelling case FD96-007. As such, they will be treated as one parcel for purposes of this <br />property line adjustment. Both subject parcels are therefore considered legal for land use purposes. <br /> <br />3. Adjacent properties to the west of the parcels are on the other side of the Willamette River, therefore out of <br />Marion County zoning jurisdictions. To the north, east, and south of the subject parcels are EFU (Exclusive Farm <br />Use) zoned properties in agricultural use. <br /> <br />4. Soil Survey for Marion County, Oregon, indicates approximately 98.0% of the soils on the subject Tax Lots 600, <br />601 and 800 are classified as high value. <br /> <br />5. The applicants are proposing to adjust the property lines on a 2.28-acre parcel and a 323.07-acre parcel to create a <br />1.81-acre parcel and a 323.54-acre parcel. The adjusted property lines will make Tax Lot 800 primarily a <br />residential property and Tax Lot 600/601 primarily farmland. <br /> <br />6. Various agencies were contacted about the proposal and given an opportunity to comment. <br /> <br />Marion County Building Inspection commented: <br />No Building Inspection concerns with proposed property line adjustments. If planned, permit(s) would be <br />required to be obtained prior to development of structures and/or utilities installation on private property. <br /> <br />Marion County Septic commented: <br />We have reviewed the proposal for PLA24-042 and our comments are as follows: An existing system evaluation <br />is required for 19101 River Rd NE to verify setbacks from the septic system to proposed property lines. A site
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