CU24-046 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 any restrictions or conditions thereon. It is recommended that the agencies mentioned in the findings below be contacted to identify restrictions or necessary permits. The applicant is advised of the following: 7. The applicants should contact the Jefferson Fire District 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 $200) 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 December19th, 2024. If you have questions about this decision, contact the Planning Division at (503) 588-5038 or at the office. This decision is effective December 20th, 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 Primary Agriculture in the Marion County Comprehensive Plan and zoned EFU (Exclusive Farm Use). A temporary manufactured home/RV under hardship conditions may be approved as a conditional use provided the need is justified and the residence will not have a detrimental impact upon the existing or potential farming and timber activity in the area. 2. The property is located on the southern side of Jefferson Marion Rd SE, approximately 1400 feet south of its intersection with Parrish Gap Rd SE. The property contains a dwelling built in 1901 and 3 accessory structures. The property is considered legal for land use as the dwelling was legally established prior to zoning ordinances in Marion County. 3. Surrounding uses are a mix of farm and forest in all directions, with some residential uses to the northwest. The main standout feature is the railroad right-of-way bordering the parcel to the south. 4. A signed Primary Care Provider Certificate has been submitted for Thomas Wilson indicating they have medical conditions that preclude them from maintaining a complete separate and detached dwelling apart from their family. 5. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Building Department commented: “No Building Inspection concerns with RV as a hardship dwelling. Permit(s) would be required to be obtained prior to utilities installation, if proposed to be installed.” Marion County Septic Department commented “Marion County does not have history of the existing septic system. An authorization is required to connect the medical hardship to the existing system. Hardship authorizations are valid for up to 5 years, not exceeding the cessation of the hardship per OAR 340-071-0205(7).” All other commenting agencies stated no objection to the proposal or failed to provide comments. 6. In order to approve a manufactured home/RV under medical hardship the applicant must demonstrate compliance with the specific criteria listed in MCC 17.120.040. Those that apply to this case include: