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CU25-013 Staff Decision
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CU25-013 Staff Decision
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Last modified
4/22/2025 9:01:47 AM
Creation date
4/22/2025 9:02:05 AM
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Land Use
Case_Number
25-013
Document_Date
4/22/2025
Land Use Type
Conditional Use
Tax_Lot_Number
084W36C000701
Document_Type
Decision
Site_Address
4756 RIVERSIDE RD S SALEM
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<br />8. The temporary medical hardship dwelling shall be addressed 4758 Riverside Rd S. <br /> <br />ADDITIONAL CONDITIONS: Once the approved use is established the following conditions must be continually <br />satisfied: <br /> <br />9. The manufactured dwelling shall be located as shown on the applicant's site plan. <br /> <br />10. The applicants are advised that this permit is granted for a period of one year and must be renewed for succes- <br />sive one year periods upon submittal of a Physician's Certificate verifying that the hardship conditions continue to <br />exist. In addition, for shared septic systems, every five years the Marion County Building Inspection Division <br />requires a septic evaluation prior to renewal of hardship conditional uses. <br /> <br />OTHER PERMITS, FEES, AND RESTRICTIONS: This approval does not remove or affect covenants or restrictions <br />imposed on the subject property by deed or other instrument. The proposed use may require permits and/or fees from <br />other local, State or Federal agencies. This decision does not take the place of, or relieve the responsibility for, obtaining <br />other permits or satisfying restrictions or conditions. It is recommended agencies mentioned in Finding # below be <br />contacted to identify restrictions or necessary permits. The applicant is advised of the following: <br /> <br />11. The applicants should contact the Polk County No 1 Fire District to obtain a copy of the District’s Recommended <br />Building Access and Premise Identification regulations and the Marion County Fire Code Applications Guide. <br />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 />County Planning Director. If there is any doubt that the application conforms with adopted land use policies and regula- <br />tions the Director must condition or deny the application. Anyone who disagrees with the Director's decision may request <br />that the application be considered by a Marion County hearings officer after a public hearing. The applicant may also <br />request reconsideration (one time only and a fee of $200) on the basis of new information subject to signing an extension <br />of the 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 (form available from the Planning Division) and received in the <br />Marion County Planning Division, 5155 Silverton Rd. NE, Salem, by 5:00 p.m. on May 7th, 2025. If you have questions <br />about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective May 8th, <br />2025, unless further consideration is requested. <br /> <br />FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. <br /> <br />l. The subject property is designated Special Agriculture in the Marion County Comprehensive Plan. The major <br />purpose of this designation and the corresponding SA zone is to promote the continuation of commercial <br />agricultural and forestry operations. A temporary manufactured dwelling or RV under hardship conditions may be <br />approved as a conditional use provided the need is justified and the residence will not have a detrimental impact <br />upon the existing or potential farming and timber activity in the area. <br /> <br />2. The property is located at 4756 Riverside Rd S on the south side of Riverside Rd roughly 2,000 feet northwest of <br />where Riverside Rd intersects with Fox Ln. The property is developed with a 2001 manufactured dwelling and 3 <br />large accessory structures. The parcel also contains a woodlot and open areas utilized for growing crops. The <br />entirety of the subject parcel is located within an area designated by Marion County’s Geohazards overlay as <br />having a low risk for landslide (Geohazard level 3). This is not a level that requires a geological assessment prior <br />to development with a manufactured home for a hardship. The subject property was created as part of land use <br />case P81-017 and has not changed its configuration since. Therefore it is legal for land use purposes. <br /> <br />3. Surrounding uses include a mixture of large, wooded parcels, large fields engaged in commercial agriculture, and <br />a number of smaller parcels in use as rural residences. All surrounding parcels are either zoned SA or EFU <br />(exclusive farm use). <br />
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