V25-002 Staff Decision - Laserfiche WebLink

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on the basis of new information subject to signing an extension of the 150 day time limit for review of zoning applicat - ions. A public hearing is held on appeals subject to the appellant paying a $250.00 fee. Appeals 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 April 11th, 2025. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective April 14th, 2025, unless appealed. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. l. The property is designated Rural Residential in the Marion County Comprehensive Plan. The purpose of this designation and the corresponding AR (Acreage Residential) zone is to allow for the creation of acreage home sites at a density that maintains the character and environmental quality of the County's rural residential areas . 2. The property is located at 1777 Timberline Ln SE on the north side of the right-of-way where Timberline Ln terminates. The property currently contains a 1976 dwelling and no other accessory structures. Other than the dwelling, the parcel is mostly open grass area on a steep sloping hill. 3. Surrounding properties immediately adjacent on all sides are comprised of small acreage rural residences, however, slightly further to the north is an urban subdivision within the UGB of Salem, and 250 feet to the east is a large SA (special agriculture) parcel in use as a commercial farm field. 4. The applicant is proposing a variance to reduce the required front property line setback from 20 feet to 5 feet for an accessory structure. The purpose of the variance is to site a woodshop on a flat portion of the property rather than on a steep hill behind the house. 5. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Building commented: “Permit(s) are required to be obtained prior to development of structures and/or utilities installation on private property. Depending on the location of the proposed building in relation to the slope of the property, an engineered design may be required for the foundation wall(s) closest to this slope. Discussion with a Building Plans Examiner is recommended prior to the design of plans or engineering.” Marion County Septic commented: “If pluming is proposed in the accessory building, a septic authorization will be required to connect to the existing septic system.” All other contacted agencies either failed to comment or stated no objection to proposal . 6. In order to obtain a variance the proposal must meet the criteria in found in Section 17.122.020 of the Marion County Rural Zone Code (MCC). These criteria are: (a) There are unnecessary, unreasonable hardships or practi cal difficulties which can be relieved only by modifying the literal requirements of the ordinance; and (b) There are unusual circumstances or conditions applying to the land, buildings, or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings, or uses in the same zone; however, nonconforming land uses or structures in the vicinity or violations of land use regulations or standards on the subject property shall not in themselves consti tute such circumstances or conditions; and (c) The degree of variance from the standard is the minimum necessary to permit development of the property for the proposed use; and (d) The variance will not have a significant adverse affect on property or improvements in the neighborhood of the subject property; and (e) The variance will not have a significant adverse affect upon the health or safety of persons working or residing in the vicinity; and (f) The variance will maintain the intent and purpose of the provision being varied.