PLA25-014 Staff Decision - Laserfiche WebLink

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7. Prior to recording the deeds all taxes due must be paid to the Marion County Assessor’s Office Tax Section (contact them at (503) 588-5215 for verification of payments). 8. The applicants should contact the Marion 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 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 20th, 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 23rd, 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 Single Family Residential in the City of Salem Comprehensive Plan and correspondingly zoned RS (Single-Family Residential) under the jurisdiction of Marion County. The primary intent of both this designation and zone is to provide areas for development of low density single family dwellings. 2. The properties are located at 420 and 462 Elma Ave SE on the north side of the intersection of Causey Ln SE with Elma Ave. Both properties are developed with single-family dwellings and accessory structures. Additionally, 420 Elma contains a detention basin easement along the east property line, which was created as part of the engineering plan for subdivision SUB/P01-004. A review of the land use history of the parcels found that they both were the subject of multiple partitions. Prior to 1979, both subject parcels were part of a larger parcel that was the subject of Minor Partition case MNP79-228, which created 2 new parcels, including subject tax lot 5500 (462 Elma) in its current configuration and a 2.49-acre parcel. Then in 2001, the 2.49-acre parcel was the subject of case SUB/P01-004, which partitioned off what is currently tax lot 5400 from the larger parcel and then subdivided the remainder into the lots accessing off Grayce Ct SE to the east. Both of the subject parcels have been in their current configurations since they were legally created and are therefore legal for land use purposes. 3. All adjacent properties are zoned RS (Single-Family Residential) and consist of lots developed with single family dwellings. Beyond these parcels 200 feet to the south is a large P (Public) zoned property containing Four Corners Elementary School, which represents the most notable feature in the immediate surrounding area. 4. The applicants are proposing to adjust the property lines of a 0.51-acre parcel and a 0.39-acre parcel to create a 0.33-acre parcel and a 0.58-acre parcel, transferring the open yard space between the subject properties from one lot to the other. 5. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Building Inspection Division commented: “No Building Inspection concerns. Permit(s) are required to be obtained for any proposed development of structures and/or utilities installation on private property.” Marion County Surveyor’s Office commented: 1. Properties 10 acres or less must be surveyed per ORS 92.060 (7) and the survey submitted for review. 2. Survey checking fee required at the time of review.