CU25-020 Staff Decision - Laserfiche WebLink

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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 any restrictions or conditions thereon. It is recommended that the agencies mentioned in Finding #5 below be contacted to identify restrictions or necessary permits. The applicant is advised of the following: 7. The applicants should contact the Silverton 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. APPEAL PROCEDURE: The Marion County 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 regula- tions 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 in the Marion County Planning Division, 5155 Silverton Rd. NE, Salem, by 5:00 p.m. on May 26th, 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 27th, 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 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 on the north side of Sophia Ln NE, a named private easement, and on the west side of Forest Ridge Rd NE 1,000 feet north of the intersection of Forest Ridge Rd and Highway 214. The subject parcel is developed with a single-family dwelling and several accessory structures. The property was involved in a prior land use case, P07-052, a partition case that created the parcel in its current configuration. The parcel is legal for land use purposes. 3. Surrounding properties are almost entirely zoned AR and are in use as rural residences, with some farm uses (Christmas tree fields) to the north on a large AR parcel and 250 feet to the south on a large SA (Special Agriculture) zoned parcel. 4. A signed Primary Care Provider Certificate has been submitted for Donna Hartenstine indicating she has medical conditions that preclude her from maintaining a complete separate and detached dwelling apart from her family. 5. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Septic commented: “A septic authorization is required to connect the hardship to the existing septic system. Per OAR 340-071-0205(7), hardship authorizations are valid for up to 5 years, not exceeding the cessation of the hardship. If the hardship is still needed, a new authorization will be required every 5 years.” All other contacted agencies either stated no objection to the proposal or failed to comment. 6. In order to approve a manufactured home/RV under medical hardship the applicant must demonstrate compliance with the specific criteria listed in Section 17.120.040 of the Marion County Code (MCC). These include: Use of a temporary mobile home, recreational vehicle, or existing building for the care of someone with a hardship may be approved as a conditional use subject to meeting the following criteria: