CU25-022 Staff Decision - Laserfiche WebLink

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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 June 11th, 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 12th, 2025, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. l. The subject property is designated as Rural Residential in the Marion County Comprehensive Plan. The major purpose of this designation and the corresponding Single Family Residential (RS) zone is to allow development of attached or detached residences on individual lots in areas outside the acknowledged urban growth boundaries but under County planning jurisdiction. 2. The subject parcel is described as Lot 8, of Block 6, of Labish Village subdivision plat (recorded in the Book of Town Plates Volume 15, Page 37) and is shown on a survey from 1948 (survey S15-037). The subject property has retained the same description since at least 1970 as indicated in deed Volume 688, Page 612. The parcel has a dwelling that the Marion County Tax Accessor dates to 1951; therefore, the parcel and the dwelling are legal for land use purposes. 3. The property is located in the unincorporated community of Labish Village. Labish Village is roughly a mile north of the City of Salem Urban Growth Boundary (UGB) and a mile east of I-5. The subject parcel is 0.17-Acres (7,405 square feet) in a developed neighborhood of similar lot sizes. The subject parcel contains a primary dwelling that has received several building permits to improve the dwelling. In November 2023 the property owners applied for building permits to add a two-car garage with three bedrooms, a kitchen, and additional living space over the new garage. The Marion County Planning Department approved the addition without any conditions. It is unclear if the owner completed this work. Then in April of 2024, the owner submitted revised building permits for a residential revision to add a 6-foot by 22-foot addition to the project. Marion County Planning Department approved the building permit and indicated the required property line setbacks. At that time there were no indications that this was to be a duplex, and the site plan submitted was labeled “proposed addition;” this revision to the building permit was signed off by the Planning Department in August 2024. During the Marion County Building Inspection’s duties, they determined that the applicant had in fact created a duplex. This triggered a building plans review by the Marion County Planning Department where the Planning Director determined that a duplex on a corner lot in the rural single-family zone could be accomplished through the approval of a conditional use permit. 4. All adjacent parcels are zoned rural RS. Outside of the Labish Village community are EFU zoned parcels in agricultural use. 5. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Land Development, Engineering and Permits (LDEP) commented: ENGINEERING REQUIREMENTS A. Under a new Access Permit, add 3 inches x 16 feet wide of ¾-minus compacted crushed rock to the public side road serving the proposed duplex. The permit fee paid on prior permit #23-001424-PW, since closed out, will be credited forward toward that. B. Transportation System Development Charges (SDCs) and Parks fee will be assessed at the time of application for building permits. Credit will given for fees already paid toward the ADU. C. Utility service extensions within the public Right-of-Way require permitting through PW Engineering.