PLA25-003 Staff Decision - Laserfiche WebLink

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5. Prior to recording the deeds all taxes due must be paid to the Marion County Assessor’s Office Tax Section (contact them at (503) 588-5215 for verification of payments). 6. The applicants should contact the Marion County No. 1 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 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 Road NE, Salem, by 5:00 p.m. on March 5th, 2025. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective March 6th, 2025, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. 1. The subject properties are designated Mixed Use in the City of Salem Comprehensive Plan and correspondingly zoned CR (Commercial Retail) under the jurisdiction of Marion County. The primary intent of both this designa- tion and zone is to provide areas for commercial development such as retail, offices, and eating and drinking places. 2. The properties are located on the northeast side of the intersection of Auburn Rd NE and Lancaster Dr NE. Both properties are developed with commercial structures (one which spans both parcels) and a large parking area. The larger of the two subject parcels contains two separate tax accounts, which are the listed tax lot 1700 in section 30BA and tax lot 1400 of section 30BD. The smaller parcel is the entirety of tax lot 1301 in section BD. Both parcels were the subject of previous land use cases for adjustments to sign sizes (cases ADJ93 -017 and ADJ93- 023 & ADJ93-011) and have not changed their configuration since. Therefore, both parcels are legal for land use purposes. 3. Adjacent properties consist of a mixture of commercial and residentially zoned properties. The parcels adjacent to the east are zoned RS (single-family residential) and are developed as single-family residences. To the west, there is a strip of CR zoned parcels bordering Lancaster Dr NE with a mixture of RS and RM (multi-family residential) zoned parcels beyond this initial commercial area. Finally, to the northwest is a section of parcels annexed into the City of Salem. 4. The applicants are proposing to adjust the property lines between a 7.587-acre parcel and a 1.223-acre parcel to create a 7.463-acre parcel and a 1.347-acre parcel. The purpose is to align the property lines with a wall separating two commercial spaces in a connected commercial building that spans across both properties. 5. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Building Inspection Division commented: “No Building Inspection concerns as it appears a fire separation wall between buildings exists along the proposed new property line.” Marion County Surveyor’s Office commented: 1. A re-plat (in the form of a partition plat) is required, due to the adjustment or elimination of a partition plat parcel line or subdivision lot line. 2. Must be surveyed and platted per ORS 92.050, and the plat submitted for review.