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may request that the application be considered by a 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 120-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 Planning Division, 5155 Silverton Rd. NE, Salem, by 5:00 p.m. on May 14th, 2025. If you have questions about this decision, contact the Planning Division at (503) 588-5038 or at the office. This decision is effective May 15th, 2025, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. l. The property is designated Mixed Use in the Salem Area Comprehensive Plan. The purpose of this designation is to allow a mixture of complementary land uses may include housing of all types, retail, offices, commercial services, and civic uses to create economic and social vitality and the ability to meet multiple needs in compact areas. The corresponding Commercial Retail (CR) zone is to provide areas suitable for professional and general commercial offices, retail sales within a building, eating and drinking places, commercial accommodations and commercial services. 2. The property is located at 4764 Portland Rd NE on the east side of Portland Road within the City of Salem urban growth boundary. The property contains Cycle Country, a dealership for motorcycles and ATVs. 3. Deed research was conducted to determine the legality of the parcel. The property was once three separate parcels. The northern portion of the lot was described in 1963, (Vol. 572, Page 378), the middle portion described in 1937 (Vol. 228 Page 474), and the southern portion described in 1951 (Vol. 431 Page 563). The parcels were surveyed and recorded in the book of land records in Survey 34659, showing the official property lines. The lot is therefore considered legal for land use purposes. 3. Surrounding properties to the north and south are zoned CR and are in commercial use. The parcel directly east is within the City of Salem’s planning jurisdiction. The western property line is bordered Portland Rd NE. 4. The applicants, on behalf of the property owners, are proposing to construct a 100-foot monopole in place of an existing light pole. The pole will consist of antennas, radios, and other ancillary equipment above the light. Ground equipment will consist of a backup generator, GPS and utility cabinets. 5. Various agencies were contacted about the proposal and given an opportunity to comment. Public Works Land Development and Engineering Permits (LDEP) requested that the following be included in the land use decision. Requirements: Transportation System Development Charges (SDCs) will be assessed at the time of application for building permits. Marion County Building commented: No Building Inspection concerns. Permit(s) are only required for electrical systems providing power to equipment. City of Salem Planning commented: Upon annexation, the replacement structure would exceed the maximum height of 70 feet, where the combined height of the replacement light pole, antenna mounting device, and antenna shall not exceed the maximum height for a structure in the MU-III zone per SRC 703.060(a)(1)(A). Antennas attached to a utility structure outside the right-of-way shall be no higher than 15 feet above the top of the utility structure per SRC 703.040(d)(3)(A). Marion County No. 1 Fire District commented: a. Fire apparatus Access Road Width and Vertical Clearance: Fire apparatus roads shall have an unobstructed driving surface width of not less than 20 feet; 26 feet adjacent to fire hydrants 2022 Oregon Fire Code (OFC) Appendix D103.1 and an unobstructed vertical clearance of not less than 13 feet 6 inches. 2022 Oregon Fire Code (OFC) Section 503.2.1 and Appendix D103.1 b. Premise Identification: Buildings shall have address numbers or approved identification placed in position