PLA25-024 Staff Decision - Laserfiche WebLink

Home Browse Search

6. The applicants should contact the Salem Suburban 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 August 8th, 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 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 on the east side of Liberty Rd S, roughly 770 feet south of the intersection between Hylo Rd and Liberty Rd. While the subject properties consist of a single tax lot (tax lot 1500), Marion County Planning determined that there are 3 distinct legal parcels within this single tax lot in case AR25-011. The configuration of these parcels is seen on the tax map in the Marion County Assessor’s property information as “Historical Boundaries,” which is what brought the existence of 3 separate lots to the attention of the property owner. Within the bounds of the easternmost lot is a 1972 dwelling. Based on the findings of case AR25-011, the three lots are separate and legal for land use purposes. 3. All adjacent properties are zoned AR and are in use as rural residences. 4. The applicants are proposing to adjust the existing property line 5. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Surveyors Office commented: 1) Properties 10 acres or less must be surveyed per ORS 92.060 (7) and the survey submitted for review. 2) Property line adjustment deed(s) shall be recorded with the Marion County Clerk’s Office. Per ORS 92.190 (4). Marion County Building commented: “No Building Inspection concerns with lot(s) consolidation. Permit(s) are required to be obtained prior to development of structures and/or utilities installation on private property.” Marion County Tax Assessor’s Office commented on the tax status of the subject properties. All other contacted agencies either failed to comment or stated no objection to proposal. 6. No specific criteria exist for property line adjustments in the AR zone. MCC 17.128.070 requires a minimum lot size of two acres, except when a numerical suffix has been applied. Therefore, in this AR zone, the minimum lot size is two acres. When a property line adjustment proposes to alter non-conforming parcels, the proposed configuration must not result in additional non-conformance.