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FP24-008 Staff Decision
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FP24-008 Staff Decision
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Last modified
3/20/2025 3:04:50 PM
Creation date
3/20/2025 3:05:12 PM
Metadata
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Land Use
Case_Number
25-008
Document_Date
3/20/2025
Land Use Type
FloodPlain
Tax_Lot_Number
062W32CA00700
Document_Type
Decision
Site_Address
5815 LAKE LABISH RD NE
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flood level. Storage of materials and equipment not having these characteristics is permissible only if the <br />materials and equipment have low-damage potential and are anchored or are readily removable from the area <br />within the time available after forecasting and warning. <br /> <br />4. The applicants should contact Marion County Fire District No. 1 to obtain a copy of the District’s Recommended <br />Building Access, water supply and Premise Identification regulations and the Marion County Fire Code <br />Applications Guide. Fire District 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 />Planning Director. If there is any doubt that the application conforms with adopted land use policies and regulations the <br />Director must condition or deny the application. Anyone who disagrees with the Director's decision may request that the <br />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 $200) 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 <br />consideration by a hearings officer, must be in writing and received in the Marion County Planning Division, 5155 <br />Silverton Rd. NE, Salem, by 5:00 p.m. on, April 4th, 2025. If you have any questions about this decision, contact the <br />Planning Division at (503) 588-5038 or at the office. This decision is effective April 7th, 2025, unless further <br />consideration is requested. <br /> <br />l. The subject parcel is located at 5815 Lake Labish Rd NE, in northern most neighborhood within the Urban <br />Growth Boundary for the City of Salem. The North Fork of the Little Pudding River flows north across the <br />eastern half of the subject parcel. The subject parcel contains a primary dwelling and an accessory structure. <br /> <br /> The subject parcel was created in its current configuration by a property line adjustment in 1997 (LLA97-018) <br />and is therefore legal for land-use purposes. <br /> <br />2. All surrounding properties are zoned UT-5 (Urban Transition) and within the Urban Growth Boundary of the City <br />of Salem. The neighborhood along Lake Labish Rd NE extends from Hazelgreen Rd NE to Labish Garden Rd <br />NE. The neighborhood consists of residential parcels, surrounded by farm uses to the north, west, and east, and <br />urban uses to the south. <br /> <br /> The North Fork of the Little Pudding River originates in the Hayesville neighborhood which is developed at urban <br />densities. It flows north and crosses under Hazelgreen at the intersection with Lake Labish, and then crosses <br />several parcels on the west side of Lake Labish including the subject parcel, before crossing under Lake Labish <br />road and veering northwest approximately 1,500-feet north of Hazelgreen. <br /> <br />3. The applicant is proposing to permit previously completed filling and grading on the subject parcel, replaced gate <br />pillars, and a lean-to addition to the existing shop structure. The lean-to addition was determined to not qualify as <br />substantial improvement, and therefore not require inclusion in this floodplain permit. <br /> <br />4. Various Agencies were contacted with a request for comments. <br /> <br />Marion County Building Inspection commented: No building Inspection concerns. <br /> <br />Marion County Septic Division commented: Per OAR 340-071-0130(12), no fill may be placed over the areas of <br />the initial and replacement drainfield. Prior to filling the site, a repair area should be allocated and left undisturbed <br />from any site improvements that may negatively affect the soil. The existing drainfield must remain undisturbed. <br /> <br />Marion County Code Enforcement commented: Code Enforcement is in full support of this application. If this is <br />approved, it will close the Code case for working in a Floodplain without permits. <br /> <br />Marion County Fire District No. 1 commented: This project must meet the following code requirements per Marion <br />County Fire District No. 1: <br /> <br />1. Premise identification: Buildings shall have address numbers or approved identification placed in a position <br />that is plainly legible and visible from the access road fronting the property. Numbers shall contrast with <br />their background and shall be a minimum of 4 inches height with a minimum stroke width of ½ inch. (2022 <br />OFC 505.1)
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