CU-P24-049 Staff Decision - Laserfiche WebLink

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ADDITIONAL CONDITIONS: Once the approved use is established the following conditions must be continually satisfied: 5. The development shall significantly conform to the site plan submitted with the proposal. Minor variations are permitted upon review and approval of the Planning Director. 6. The grass seed cleaning operation shall continuously operate in a manner that meets the criteria in MCC17.136.060(A), addressed in Finding #8. 7. Failure to continuously comply with the conditions of approval may result in this approval being revoked. Any revocation could be appealed to the county hearings officer for a public hearing. 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 restrictions or conditions thereon. It is recommended that agencies mentioned in Finding #6 below be contacted to identify restrictions or necessary permits. The applicant is advised of the following: 8. The applicants should contact the Sublimity 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. 9. Prior to recording the plat all taxes due must be paid to the Marion County Tax Department (contact the Marion County Tax Department at 503-588-5215 for verification of payments). 10. The applicants should contact Marion County Land Development and Engineering (503-584-7714) for additional Engineering Requirements and Advisories, listed in Finding #6 below, that may be required. 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 regula- tions 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 $200) 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 consideration 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 25th, 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 26th, 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 Primary Agriculture in the Marion County Comprehensive Plan. The major purpose of this designation and the corresponding EFU zone is to promote the continuation of commercial agricultural and forestry operations. 2. The property is located 2,800 feet east of the intersection of Triumph Rd SE and Cascade Hwy. The subject parcel contains several structures used as part of a grass seed cleaning business operated by the property owners. The parcel was the subject of a previous property line adjustment case (PLA16-013), which has yet to be executed but has an expiration date of April 6, 2025. In that case’s findings, the parcel was described in deeds as being a singular parcel, however it was brought to staff’s attention that the subject Tax Lot 400 is comprised of two legal parcels. In the current deed description (Reel 3604 Page 74), the two parcels that comprise Tax Lot 400 are identified and described as “Parcel 5” and “Parcel 6”. These descriptions are match those found in a deed from March 3, 1998 (Reel 1467 Page 303), with “Parcel 5” corresponding to “Parcel 2” of the older deed and “Parcel