ADJ25-008 Staff Decision - Laserfiche WebLink

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Attention Property Owner: A land use proposal has been submitted for property near where you live or near property you own elsewhere. State law requires that the county notify property owners within a certain distance from this property. The proposal and address of the property is described in the "Application" section below. The decision in this case does not directly affect the zoning or use of your property. If you object to the decision, refer to the "Appeal" section. If you have questions, contact the staff person listed at the end of this report. NOTICE OF DECISION ADJUSTMENT CASE NO.25-008 APPLICATION: Application of Tyrus Gates Rose to reduce the required 5-foot rear (north) setback to 1-foot for an ADU in an RS (Single Family Residential) zone located at 4931 Elkhorn Ct SE, Salem (T7S; R2W; Section 32BA; Tax lot 9900). DECISION: The Planning Director for Marion County has APPROVED the above-described Adjustment, subject to certain conditions. EXPIRATION DATE: This decision is valid only when exercised by August 29th, 2027 (two years) unless an extension is granted. The effective period may be extended for one year subject to approval of an extension. Request for an extension must be submitted to the Planning Division prior to expiration of the approval (form available from the Planning Division). WARNING: A decision approving the proposal is for land use purposes only. Due to septic, well and drainfield replacement areas, this parcel may not be able to support the proposal. To be sure the subject property can accommodate the proposed use the applicant should contact the Building Inspection Division, (503) 588-5147. This decision does not include approval of a building permit. CONDITIONS: 1. Prior to the approval of building permits on the property the applicant shall resolve all code violations (aside from the unpermitted ADU) on the property relating to (1) RV habitation; (2) solid waste accumulation; and (3) unlawful habitation of accessory structures, to the satisfaction of Marion County Code Enforcement. All code enforcement violations should be resolved by September 1, 2025, or as agreed to by Marion County Code Enforcement. 2. The ADU shall maintain a 1-foot setback to the rear (north) property line. 3. The applicants shall obtain all permits required by the Marion County Building Inspection Division. 4. Prior to issuance of any permits, the applicant shall submit a site plan for review and approval by the Planning Manager. 5. The development shall significantly conform to the site plan submitted with the proposal. Minor variations are permitted upon review and approval by the Planning Director. 6. The applicant shall sign and submit an Urban ADU Declaratory Statement to the Planning Division. This statement shall be recorded by the applicant with the Marion County Clerk after it has been reviewed and signed by the Planning Director. OTHER PERMITS, FEES AND RESTRICTIONS: This approval does not remove or affect covenants or restrictions imposed on the subject property by deed or other instrument. The proposed use may require permits and/or fees from other local, state or federal agencies. This decision does not take the place of, or relieve the responsibility for, obtaining other permits or satisfying any restrictions or conditions thereon. The applicant is advised of the following: 7. 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. 8. The applicants should contact Marion County Land Development and Engineering (503-584-7714) for additional Engineering Requirements and Advisories, listed in Finding #5 below, that may be required.