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FP25-003 Staff Decision
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FP25-003 Staff Decision
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Last modified
5/27/2025 7:33:13 AM
Creation date
5/27/2025 7:33:30 AM
Metadata
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Land Use
Case_Number
25-003
Document_Date
5/27/2025
Land Use Type
FloodPlain
Tax_Lot_Number
082W33BA00100
Document_Type
Decision
Site_Address
8005 MARION RD SE
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3. The applicant shall submit certification from a registered civil engineer for the driveway, paved or gravel, <br />showing that the access meets the criteria of MCC 17.178.050(D). <br /> <br />4. The applicant shall submit elevation certificates at the times specified by MCC 17.178.050(E). <br /> <br />5. The applicant shall sign and submit to the Planning Division a Declaratory Statement (enclosed) acknowledging <br />that the property and the approved development are located within a floodplain. The applicant shall record this <br />statement with the Marion County Clerk after it has been reviewed and signed by the Planning Director. <br /> <br />6. Per the requirement in Marion County Code 17.136.100(C), the applicant shall sign and submit a Farm/Forest <br />Declaratory Statement (enclosed) to the Planning Division. This statement shall be recorded by the applicant with <br />the Marion County Clerk after it has been reviewed and signed by the Planning Director. This statement can be <br />obtained from Marion County Planning. <br /> <br />7. The structure shall be used for residential use only, not for commercial use. <br /> <br />OTHER PERMITS, FEES, AND RESTRICTIONS: This approval does not remove or affect any covenants or <br />restrictions imposed on the subject property by deed or other instrument. The proposed use may require permits and/or <br />fees from other local, State or Federal agencies. This decision does not take the place of, or relieve the responsibility for, <br />obtaining other permits or satisfying any restrictions or conditions thereon. <br /> <br />8. The applicants should contact the Turner Fire District to obtain a copy of the District’s Recommended Building <br />Access and Premise Identification regulations and the Marion County Fire Code Applications Guide. Fire District <br />access standards may be more restrictive than County standards. <br /> <br />9. The applicant is advised that the requirements listed as A through C in the comments received from LDEP in item <br />#6 of the Findings and Conclusions section below, shall be met to their satisfaction. <br /> <br />10. Materials that are buoyant, flammable, obnoxious, toxic or otherwise injurious to persons or property, if <br />transported by floodwaters, are prohibited unless stored within a structure or on land elevated above the base <br />flood level. Storage of materials and equipment not having these characteristics is permissible only if the <br />materials and equipment have low-damage potential and are anchored or are readily removable from the area <br />within the time available after forecasting and warning. <br /> <br />11. The applicant must obtain all necessary permits from those governmental agencies from which approval is <br />required by Federal or State law. The applicant should review and ensure compliance with section 404 of the <br />Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334. This may include voluntarily <br />complying with the FEMA model code for the floodplain permit or providing a habitat assessment, providing a <br />mitigation assessment, or otherwise demonstrating compliance with the Endangered Species Act. If Marion <br />County determines that compliance is insufficient, additional mitigation may be required. <br /> <br /> <br />APPEAL PROCEDURE: The Marion County Zone Code provides that certain applications be considered first by the <br />Planning Director. If there is any doubt that the application conforms with adopted land use policies and regulations the <br />Director must condition or deny the application. Anyone who disagrees with the Director's decision may request that the <br />application be considered by a Marion County hearings officer after a public hearing. The applicant may also request <br />reconsideration (one time only and a fee of $200) on the basis of new information subject to signing an extension of the <br />150 day time limit for review of zoning applications. <br /> <br />A public hearing is held on appeals subject to the appellant paying a $250.00 fee. Requests for reconsideration, or <br />consideration by a hearings officer, must be in writing and received in the Marion County Planning Division, 5155 <br />Silverton Rd. NE, Salem, by 5:00 p.m. on June 11th, 2025. If you have any questions about this decision contact the <br />Planning Division at (503) 588-5038 or at the office. This decision is effective June 12th, 2025, unless further <br />consideration is requested. <br /> <br />
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