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MARION COUNTY BOARD OF COMMISSIONERS o k c c o u Board SE'SS1011 Agenda Review Form Meeting date: November 6, 2024 Department: Public Works Title: Deliberation on appeal of Hearings Officer's decision on Conditional Use Case 24-006/Joy Blackman Revocable Trust Management Update/Work Session Date: N/A Time Required: 15 min Requested Action: Issue, Description & Background: Financial Impacts: Impacts to Department & External Agencies: List of attachments: Presenter: Department Head Signature: contact: John Speckman Audio/Visual aids ❑ Phone: 503-566-4173 To approve or deny Conditional Use Case 24-006/Joy Blackman Revocable Trust. Options for consideration: 1. Approve the application based on evidence that the parcel was created prior to 1977. 2. Approve the application based on interpretation of MCC 17.110.800 that this property is the fourth property using the easement. 3. Deny the appeal and uphold the hearing officer's decision denying. 4. Remand the request to the hearings officer for further consideration. The Joy Blackman Revocable Trust applied for a conditional use permit to establish a non -farm dwelling on a 5.97-acre parcel in a Special Agriculture zone located in the 3300 block of Little Haven Lane S, Salem. The Marion County Hearings Officer held a duly noticed public hearing on this application on May 2, 2024, and issued a decision denying the application on July 30, 2024, based on the determination that a variance would be required to MCC 17.110.800 to allow more than four dwellings to be accessed by off the private road, Little Haven Lane. The appellants disagree with the Hearings Officer's application of MCC 17.110.800 and request the board make a interpretation of the code. A duly notice public hearing with the board was held on October 16, 2024, and the record was left open until November 6, 2024. None Table of options, Appeal, Planning Director's Decision, Hearing Officer's Decision John Speckman