P25-009 Staff Decision - Laserfiche WebLink

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8. After the final Partition plat has been recorded no alteration of property lines shall be permitted without first obtaining approval from the Planning Director. OTHER PERMITS, FEES, AND RESTRICTIONS: This approval does not remove or affect covenants or restrictions imposed on the subject property by deed or other instrument. The proposed use may require permits and/or fees from other local, State or Federal agencies. This decision does not take the place of, or relieve the responsibility for, obtaining other permits or satisfying restrictions or conditions. It is recommended that the agencies mentioned in the findings below be contacted to identify restrictions or necessary permits. The applicant is advised of the following: 9. Prior to recording the plat all taxes due must be paid to the Marion County Tax Department (contact the Marion County Tax Department at 503-588-5215 for verification of payments). 10. The applicants should contact Marion County No. 1 Fire District to obtain a copy of the District’s Recommended Building Access and Premise Identification regulations and the Marion County Fire Code Applications Guide. Fire District access standards may be more restrictive than County standards. 11. The applicants should contact Marion County Land Development and Engineering (503-584-7714) for additional Engineering Requirements and Advisories, listed in Finding #5 below, that may be required. APPEAL PROCEDURE: The Marion Zone Code provides that certain applications be considered first by the County Planning Director. If there is any doubt that the application conforms with adopted land use policies and regulations the Director must condition or deny the application. Anyone who disagrees with the Director's decision may request that the application be considered by a Marion 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 150-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, together with the appeal fee, in the Marion County Planning Division, 5155 Silverton Rd. NE, Salem, by 5:00 p.m. on May 20th, 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 21st, 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 Rural Residential and Primary Agriculture in the Marion County Comprehensive Plan. The purpose of this designation and the corresponding AR (Acreage Residential) zone is to allow creation of acreage homesites at a density that maintains the character and environmental quality of rural residential areas. 2. The subject parcels are located in the 5100 block of Center Street NE Hollow, Salem, OR 97317 and are approximately 900 feet east of the intersection between Center Street NE and Cordon Road NE. The northern portions of the parcels are undeveloped with the West Middle Fork Little Pudding River flowing in a southwestern direction across them. The southern portion of the tax lot 1300 is developed with a barn and a corral for livestock. The southern portion of tax lot 1500 is developed with a home and accessory structures. Tax lot 1500 was the subject of a 2021 partition (P21-024) and tax lot 1300 was the subject of a 2022 partition (P22-002) therefore both of these parcels are legal for land use purposes. 3. Uses to the north, south, and east are zoned Acreage Residential (AR) and developed with small acreage home sites, as well as two churches: one to the southwest and one to the southeast. 4. The applicant proposes to adjust the property lines on a 3.96-acre and a 3.13-acre parcel to create a 2-acre and 5.09-acre parcel and subsequently partition that 5.1-acre parcel into 2.13-acres and 2.95-acres. This is effectively a partition of 7.08-acres to create three final parcels of 2.00-acres, 2.13-acres, and 2.95-acres. 5. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Survey commented: “Partition: - Parcels must be surveyed and monumented. - Per ORS 92.050, plat must be submitted for review. - Checking fee and recording fees required. - A current or updated title report must be submitted at the time of review.