CU25-021 Staff Decision - Laserfiche WebLink

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In addition, every five years the Marion County Building Inspection Division requires a septic evaluation for shared systems prior to renewal of hardship conditional uses. 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 the findings below be contacted to identify restrictions or necessary permits. The applicant is advised of the following: 9. The applicants should contact the Polk 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. 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 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 $250) 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 consider- ation 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 and Primary Agriculture in the Marion County Comprehensive Plan. The intent of the (Acreage Residential) AR zone is that residential sites be provided with adequate water supply and wastewater disposal without exceeding the environmental and public service capability of the area or compromising the rural character of the area. The purpose of the AR designation and the corresponding EFU (Exclusive Farm Use) zone is to allow creation of acreage homesites at a density that maintains the character and environmental quality of rural residential areas and the EFU zone promotes commercial farming operations.. 2. The property is approximately one quarter of a mile north of the Willamette River along Riverside Road South near the intersection of Skyline Road South and Riverside Rd S. The subject property (parcel 200) was created in its current configuration by Lot Line Adjustment Case in 2001 (LLA01-022). The original parcel of land was adjusted to its current 2.27 acres and the adjacent, parcel 500, became approximately 4.99 acres and is currently shown as two tax accounts: 533803 (Parcel: 084W36DD00500) and 329697 (Parcel: 084W36DD00201). The results of the lot line adjustment are shown on a 2001 survey (Survey 35845). The subject parcel contains a 1977 dwelling and at least 4 accessory structures. Therefore, the parcel of land and the dwelling are considered legal for land use purposes. 3. The subject property is in a pocket of developed small acreage homesites zoned AR. To the south is the Willamette River and the majority of the surrounding land is zoned Special Agriculture (SA). 4. A signed Primary Care Provider Certificate have been submitted for Albert Salchenberg indicating that he has medical conditions that preclude him from maintaining a complete, separate, and detached dwelling apart from his family or care givers. 5. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Building Department commented: No Building Inspection concerns. Permit(s) are required to be obtained prior to the placement of a manufactured home and utilities installation on private property. Polk County No. 1 Fire District Fire Marshal commented: “An addressing sign will be provided by my department through a grant, and I will initiate that process. Regarding access, everything appears to be in order except for the gate. If the gate is locked, we will require the access code. Alternatively, to ensure continued access, we may need to either cut the existing lock or install a Knox padlock.”