PLA25-012 Staff Decision - Laserfiche WebLink

Home Browse Search

7. After the property line adjustment has been completed, 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 Finding #5 below be contacted to identify restrictions or necessary permits. 8. Prior to recording the deeds 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). 9. 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 provide 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 Road NE, Salem, by 5:00 p.m. on June 10th, 2025. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective June 11th, 2025, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. 1. The subject properties are designated Rural Residential in the Marion County Comprehensive Plan and correspondingly zoned AR (Acreage Residential). The primary intent of the designation is to provide for rural residential development at a density sustainable with rural services. 2. The subject properties are located directly north of South Abiqua Rd NE, approximately 580 feet from the intersection of South Abiqua Rd NE and Towne Dr NE. The properties are bordered to the north by Abiqua Creek. Both parcels are vacant and are flat, bare grass fields toward the south, and are covered with trees to the north. The subject tax lots were described as Tracts 2 and 3 of Vol. 562 Page 466 in 1962 and have remained in this configuration since. Therefore, the subject parcels are legal for land use purposes. 3. All adjacent properties are zoned Acreage Residential and consist of similar topography and features. Most surrounding properties contain acreage homesites. 4. The applicants are proposing to adjust the existing property line to make Tax Lot 700 0.284-acres in size and Tax Lot 600 1.99-acres in size. 5. Several agencies were contacted for comments on the proposal. Marion County Surveyors Office commented: a. Properties 10 acres or less must be surveyed per ORS 92.060 (7) and the survey submitted for review. b. Survey checking fee required at the time of review. c. Property line adjustment deeds shall be recorded with the Marion County Clerk’s Office. Per ORS 92.190 (4). Marion County Building Inspection commented: “No Building Inspection concerns. Permit(s) are required to be obtained prior to development of structures and/or utilities installation on private property.”