V25-008 Staff Decision - Laserfiche WebLink

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tions the Director must deny the application. Anyone who disagrees with the Director's decision may appeal the decision to a Marion County hearings officer. The applicant may also request reconsideration (one time only and a fee of $200.00) on the basis of new information subject to signing an extension of the 150 day time limit for review of zoning applicat- ions. A public hearing is held on appeals subject to the appellant paying a $250.00 fee. Appeals 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 July 31st, 2025. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective August 1st, 2025, unless appealed. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. l. The subject property is designated Forest Lands, which are areas of the County designation for forest land is intended primarily for the management of timber resources. This designation can also include smaller parcels on the fringes of large forest parcels to limit the introduction of new, non-resource related uses which may negatively impact accepted forestry or farming practices in the area. 2. The property is located on the north side of River Rd SE, at the point where River Rd SE becomes NW River Rd as it enters the urban growth boundary of Mill City, 400 feet west of the intersection of NW 8th PL and NW River Rd. The property contains a 1976 dwelling, some accessory residential features, and is considered legal for land use purposes. 3. Surrounding properties include annexed residential parcels within the Mill City urban growth boundary (UGB) to the east, TC zoned parcels to the north and west engaged in smaller scale agriculture, and the North Santiam River on the other side of River Rd SE. 4. The applicant is proposing to place a residential accessory structure on their property in the northeast corner and requests to reduce the required 20-foot setback to all property lines to 5 feet from the northern property line and 10 feet from the eastern property line. 5. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Septic commented that they do not have any septic history for the parcel, so they cannot make any direct recommendations to this site. However, they provided information on the required setbacks for drainfields and replacement drainfields to structures, as well as limitations on activities that can occur in these areas. It is advised the applicant speak with Marion County Septic before constructing the proposed shop to ensure compliance with all applicable standards. (Full comments are available in the case file upon request). Marion County Building commented: “No Building Inspection concerns. Permit(s) are required to be obtained prior to development of structures and/or utilities installation on private property.” All other contacted agencies either failed to comment or stated no objection to proposal. 6. In order to obtain a variance the proposal must meet the criteria in found in Section 17.122.020 of the Marion County Rural Zone Code (MCC). These criteria are: (a) There are unnecessary, unreasonable hardships or practical difficulties which can be relieved only by modifying the literal requirements of the ordinance; and (b) There are unusual circumstances or conditions applying to the land, buildings, or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings, or uses in the same zone; however, nonconforming land uses or structures in the vicinity or violations of land use regulations or standards on the subject property shall not in themselves constitute such circumstances or conditions; and (c) The degree of variance from the standard is the minimum necessary to permit development of the property for the proposed use; and