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BOC ORDER
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Entry Properties
Last modified
12/12/2024 1:41:58 PM
Creation date
12/13/2024 9:41:37 AM
Metadata
Fields
Template:
Land Use
Case_Number
CU24-006
Document_Date
12/12/2024
Land Use Type
Conditional Use
Tax_Lot_Number
083W07B000800
Document_Type
Decision
Site_Address
3300 BLOCK OF LITTLE HAVEN LANE
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EXHIBIT A <br />Findings of Fact and Conclusions of Law <br />The Board of Commissioners, after careful consideration of the testimony and evidence in the record, <br />issues the following findings of fact: <br />1, No objections were raised to notice, jurisdiction, bias, ex parte contacts, conflict of interest, or to <br />evidence or testimony by any party during the public hearing before the Board or otherwise <br />during the appeal. <br />2. The subject property is designated Special Agriculture in the Marion County Comprehensive Plan <br />and correspondingly zoned SA (Special Agriculture). The primary intent of both this designation <br />and zone is to promote and protect commercial agricultural operations while also providing the <br />opportunity for timber production and other uses that are compatible with agricultural activities. <br />The subject parcel consists of 5.97-acres of naturally forested hillside in the rural unincorporated <br />area of south Salem. The forested area appears to consist of a mix of evergreen and deciduous <br />trees. The slopes on this parcel are significant, and the geohazard overlay shows particularly steep <br />slopes wrapping around the west, east, and south sides of the parcel. A south -pointing triangular <br />section of the parcel based across the northern property line consists of relatively mild 2-point <br />geohazard. The parcel is also within one of Marion County's SGO (Sensitive Ground Water) <br />overlays indicating groundwater supply may be a concern now or in the future. <br />The access to the subject parcel is via an undeveloped easement that utilizes tax lots 2000, 2301, <br />and 2300. Tax lot 2300 was partitioned twice, once in 2005 and again in 2008. Both new parcels <br />had homes developed clustered together at the end of Little Haven Ln S. Tax lot 2000 was the <br />subject of a measure 37/49 decision that has not been exercised, allowing that parcel to create two <br />additional parcels and develop each with a dwelling. <br />4. The subject parcel was created in its current formation by partition in the fall of 1978 which <br />legitimized the sale of this parcel and the description thereof which is included in the deed <br />recorded in January 1978 on Reel 111 Page 1041 of the Marion County Book of Land Records <br />and is therefore legal for land use purposes. <br />The Major Partition case (MJP78-078) divided a 10-acre parcel in the RA (Residential <br />Agricultural) zone (a zone no longer existing in Marion County Code) into three parcels of <br />approximately 2-acres, 2-acres, and 6-acres. At the time of the partition the land was jointly <br />owned, and the partition was to accomplish division of this ownership. The subject parcel at this <br />time was separated as described by the deed referenced above and came solely under the <br />ownership of the Blackman family. The other two parcels created by this partition are accessed <br />off Inland Dr S. <br />When Marion County adopted an updated Comprehensive Plan in 1982 the RA (Rural <br />Agricultural) zone was removed, and the AR (Acreage Residential) zone was applied to these <br />two smaller parcels. At this time the subject parcel in this case (CU24-006) was changed to <br />SA (Special Agriculture). <br />5. Properties directly surrounding the subject parcel to the north, west, and south are zoned SA, and <br />parcels to the east are zoned AR. The adjacent AR parcel tract extends to the City of Salem UGB <br />which is a half -mile to the east. The UGB is also a half -mile north of the subject parcel. Some of <br />the SA parcels around the subject parcel have woodlots and most of those are simultaneously in <br />
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