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P25-004 Staff Decision
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P25-004 Staff Decision
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Last modified
3/26/2025 1:25:18 PM
Creation date
3/26/2025 1:26:09 PM
Metadata
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Land Use
Case_Number
25-004
Document_Date
3/26/2025
Land Use Type
Partition
Tax_Lot_Number
093W090000500
Document_Type
Decision
Site_Address
10342 LIBERTY RD S
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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 (form available from the Planning Division) and received, together <br />with the appeal fee, in the Marion County Planning Division, 5155 Silverton Rd. NE, Salem, by 5:00 p.m. on April 10th, <br />2025. If you have questions about this decision, contact the Planning Division at (503) 588-5038 or at the office. This <br />decision is effective April 11th, 2025, unless further consideration is requested. <br /> <br />FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. <br />l. The property is designated Rural Residential in the Marion County Comprehensive Plan. The purpose of this <br />designation and the corresponding AR (Acreage Residential) zone is to allow creation of acreage homesites at a <br />density that maintains the character and environmental quality of rural residential areas. <br />2. The subject parcel is located directly south of Liberty Rd NE and directly east of Ankeny Hill Rd SE. The <br />property is directly east of the three-way junction with Buena Vista Rd S. The property is accessed off Liberty Rd <br />S. The tax assessor recognizes one dwelling built in 1940 on the parcel, as well as two farm buildings. The portion <br />of the property along Ankeny Hill Rd appears to be within the 100-year Floodplain. The topography appears to <br />be gently sloped toward the roads, with the house sitting at 280 feet elevation and dropping to 230 feet in <br />elevation toward Ankeny Hill Rd. The parcel was the subject of land use case P81-054 where the tract was <br />partitioned into two lots. The resulting configuration was surveyed and described in Reel 260 Page 783 in 1981 <br />and has not changed its configuration since. The parcel is legal for land use purposes. <br />3. Surrounding uses are a mix of large acreage residences, farmland, and federal land. To the southwest across <br />Ankeny Hill Rd is the Ankeny National Wildlife Refuge. North across Liberty Rd are farm operations zoned EFU <br />and SA. All adjacent properties to the south and west are zoned AR and many contain single-family dwellings. <br />4. The applicant proposes to partition a 6.15-acre parcel and create three parcels consisting of 2.10, 2.015, and 2.035 <br />acres. <br />5. Various agencies were contacted about the proposal and given an opportunity to comment. <br />Public Works Land Development and Engineering Permits (LDEP) requested that the following be included in the <br />land use decision. <br /> ENGINEERING CONDITIONS <br />Condition A – On the partition plat dedicate a 30-foot R/W half-width over the Ankeny Hill Road subject <br />property frontage to meet the County Minor Collector standard, and adjust / fillet the adjacent property <br />corner radius to align tangentially with the dedication. <br />Condition B – Prior to partition plat approval, notarize a Road Maintenance Agreement to be recorded <br />concurrently with the partition plat for collective maintenance of the proposed private drive. <br />Condition C – Prior to partition plat approval, under an Access Permit widen and pave the proposed <br />shared easement driveway approach with hot mix asphalt for a minimum of distance of 20 feet back as <br />measured from the public roadway edge-of-pavement. <br />REQUIREMENTS <br />D. Depict necessary access and utility easements on the partition plat. <br />E. Applicant is advised to consult with the local FD as to potential requirements for depiction of a fire <br />turnaround and turnouts on the partition plat. <br />Marion County Survey commented: <br />1. Parcels must be surveyed and monumented.
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