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CU25-003 Staff Decision
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CU25-003 Staff Decision
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Last modified
2/5/2025 10:08:13 AM
Creation date
2/5/2025 10:09:37 AM
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Land Use
Case_Number
25-003
Document_Date
2/5/2025
Land Use Type
Conditional Use
Tax_Lot_Number
071E09D001100;1000
Document_Type
Decision
Site_Address
17416 POWERS CREEK LOOP NE
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local, State or Federal agencies. This decision does not take the place of, or relieve the respon sibility for, obtaining other <br />permits or satisfying any restrictions or conditions thereon. It is recommended that the agencies mentioned in the findings <br />below be contacted to identify restrictions or necessary permits. The applicant is advised of the following: <br /> <br />6. The applicants should contact the Jefferson Fire District to obtain a copy of the District’s Recommended Building <br />Access and Premise Identification regulations and the Marion County Fire Code Applications Guide. Fire District <br />access standards may be more restrictive than County standards. <br /> <br />APPEAL PROCEDURE: The Marion County Zone Code provides that certain applications be considered first by the <br />County Planning Director. If there is any doubt that the application conforms with adopted land use policies and regulations <br />the Director must condition or deny the application. Anyone who disagrees with the Director's decision may request that <br />the application be considered by a Marion County hearings officer after a public hearing. The applicant may also request <br />reconsideration (one time only and a fee of $250) on the basis of new information subject to signing an extension of the <br />150-day time limit for review of zoning applications. <br /> <br />A public hearing is held on appeals subject to the appellant paying a $250.00 fee. Requests for reconsideration, or consider- <br />ation by a hearings officer, must be in writing (form available from the Planning Division) and received in the Marion <br />County Planning Division, 5155 Silverton Rd. NE, Salem, by 5:00 p.m. on February 20th, 2025. If you have questions <br />about this decision, contact the Planning Division at (503) 588-5038 or at the office. This decision is effective February <br />21st, 2025, unless further consideration is requested. <br /> <br />FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. <br /> <br />l. The subject properties are designated Forest and Farm/Timber in the Marion County Comprehensive Plan and <br />correspondingly zoned FT (Farm/Timber). The primary intent of this designation and zone is to promote and protect <br />commercial agricultural operations and conserve forest lands by maintaining the forest land base and to protect the <br />forest economy by making possible economically efficient forest practices that assure the continuous growing and <br />harvesting of forest tree species as the leading use of forest land consistent with sound management of soil, air, <br />water, and fish and wildlife resources and to provide for recreational opportunities and agriculture. <br /> <br />2. The property is located on the south side of Powers Creek Loop approximately 1,700 feet west of its intersection <br /> with Timber Trail Road NE. The property contains one existing 1973 dwelling, a former home site with a structure <br />that is no longer described as a dwelling in the County Assessor records, accessory structures, well and septic <br />system. The property was the subject of a 2012 Conditional Use case to establish a Medical Hardship (CU12-007). <br />The property is described in its current configuration as a single parcel in deeds as far back as October 10, 1967 and <br />is considered a legally created parcel. <br /> <br />3. Surrounding properties consist predominantly of various sized parcels in farm and forest use within the FT zone to <br />the north, east and south. The predominate land use to the west is large parcel EFU. <br /> <br />4. A signed Primary Care Provider Certificate has been submitted for Pamela J. Bates indicating they have medical <br />conditions that preclude them from maintaining a complete, separate, and detached dwelling apart from their family. <br />The applicants are proposing to change the occupant of the hardship dwelling due to the passing of the individual <br />under which the original conditional use medical hardship was established (CU12-007). <br /> <br />5. Various agencies were contacted about the proposal and given an opportunity to comment. <br /> <br /> Marion County Septic Department commented: <br />“An authorization application is required to change the occupant of/connect the medical hardship to the <br />existing septic system. Hardship authorizations are valid for up to 5 years or until the cessation of the <br />hardship, whichever comes first.” <br /> <br />All other commenting agencies stated no objection to the proposal or failed to provide comments. <br /> <br />6. In order to approve a manufactured home/RV under medical hardship the applicant must demonstrate compliance <br />with the specific criteria listed in MCC 17.120.040. Those that apply to this case include:
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