CU25-002 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 Turner 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 regulations 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 $250) 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 consider- ation 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 February 20th, 2025. If you have questions about this decision, contact the Planning Division at (503) 588-5038 or at the office. This decision is effective, February 21st, 2025, 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 Rural Residential in the Marion County Comprehensive Plan and zoned AR (Acreage Residential). 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 at the northwest corner of Battle Creek Road SE and Robbins Lane SE. The parcel contains an existing dwelling built in 1995 and several accessory structures. There was a previous land use case in 1999 (Conditional Use Medical Hardship). The parcel has a legally established dwelling and is therefore considered legal for land use purposes. 3. The subject property is surrounded by developed small acreage homesites which are zoned AR. 4. Two signed Primary Care Provider Certificates have been submitted; one for Luisa Ortega De Regaldo and one for Lucio Regalado indicating that they have medical conditions that preclude them from maintaining a complete, separate, and detached dwelling apart from their family. 5. Marion County Building Department commented: “Permit(s) are required to be obtained prior to the placement or construction of a hardship dwelling and/or utilities installation on private property.” Turner Fire Marshall provided comments about the Oregon Fire Code, the Marion County Fire Code, and fire department access standards. Marion County Septic Department commented: a. Authorization notice with site visit is required. • Per Oregon Administrative Rule 340-071-0205(3), the applicant must provide a drawing which shows the system, replacement area, wells, property line, etc. with some measurements to verify system location. Do not have the system uncovered unless the location is unknown .