Laserfiche WebLink
other permits or satisfying any restrictions or conditions thereon. It is recommended that the agencies mentioned in <br />Finding #7 under Findings and Conclusions below be contacted to identify restrictions or necessary permits. The <br />applicant is advised of the following: <br />7. The applicants should contact the Salem Suburban Fire District to obtain a copy of the District's Recommended <br />Building Access and Premise Identification regulations and the Marion County Fire Code Applications Guide. <br />Fire District access standards may be more restrictive than County standards. <br />8. The applicants should contact the Marion County Assessor's Office (503-588-5144) for additional information <br />regarding the farm/forest disqualification process (please see #10(C) in the Findings and Conclusions below). <br />APPEAL PROCEDURE: The Marion County Zone Code provides that certain applications be considered first by the <br />County Zoning Administrator. If there is any doubt that the application conforms with adopted land use policies and <br />regulations the Zoning Administrator must condition or deny the application. Anyone who disagrees with the decision <br />may request that the application be considered by a County hearings officer after a public hearing. The applicant may also <br />request reconsideration (one time only and a fee of $200) based on new information subject to signing an extension of the <br />120-day time limit for review of zoning applications. <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 />Planning Division, 5155 Silverton Rd. NE, Salem, by 5:00 p.m. on April 1, 2024. If you have questions about this <br />decision, contact the Planning Division at (503) 588-5038 or at the office. This decision is effective <br />April 2, 2024, unless further consideration is requested. <br />FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. <br />The subject property is designated Special Agriculture in the Marion County Comprehensive Plan and <br />correspondingly zoned SA (Special Agriculture). The primary intent of both this designation and zone is to <br />promote and protect commercial agricultural operations while also providing the opportunity for timber <br />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 area of south <br />Salem. The forested area appears to consist of a mix of evergreen and deciduous trees. The slopes on this parcel <br />are significant, and the geohazard overlay shows particularly steep slopes wrapping around the west, east, and <br />south sides of the parcel. A south -pointing triangular section of the parcel based across the northern property line <br />consists of relatively mild 2-point geohazard. The parcel is also within one of Marion County's SGO (Sensitive <br />Ground Water) 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, and 2300. Tax <br />lot 2300 was partitioned twice, once in 2005 and again in 2008. Both new parcels had homes developed clustered <br />together at the end of Little Haven Ln S. Tax lot 2000 was the subject of a measure 37/49 decision that has not <br />been exercised, allowing that parcel to create two additional parcels and develop each with a dwelling. <br />Currently four parcels with dwellings are addressed off Little Haven Ln S, but the dwelling on tax lot 2000 has <br />frontage on Viewerest Rd S. Therefore, the limitation of a private lane to not serve more than four dwelling units <br />has not yet been met by Little Haven Ln S and the proposed non -farm dwelling on the subject parcel would be the <br />final dwelling developable without approval of a variance to MCC 17.110.800 - Dwellings and all other buildings <br />to be accessible to public street. <br />The subject parcel was created in its current formation by partition in the fall of 1978 which legitimized the sale <br />of this parcel and the description thereof which is included in the deed recorded in January 1978 on Reel 111 Page <br />1041 of the Marion County Book of Land Records and is therefore legal for land use purposes. <br />The Major Partition case (MJP78-078) divided a 10-acre parcel in the RA (Residential Agricultural) zone (a zone <br />no longer existing in Marion County Code) into three parcels of approximately 2-acres, 2-acres, and 6-acres. At <br />