ADJ25-008 Staff Decision - Laserfiche WebLink

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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 deny the application. Anyone who disagree 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 $200.00 fee) 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. 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 August 29th, 2025. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective on September 2nd, 2025, unless appealed. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. l. The property is designated single family residential in the Salem Area Comprehensive Plan. The purpose of this designation and the corresponding RS (single family residential) zone is to provide areas for residential development of low-density housing. 2. The property is located at the north terminus of Elkhorn Ct SE in a cul-de-sac neighborhood within the City of Salem urban growth boundary (UGB). The property currently contains a 1975 duplex and is considered legal for land use purposes. The parcel is currently the subject of multiple code enforcement violations which are visible in the available imagery in the Marion County GIS aerials. Additionally, pictures submitted with the comments from Marion County Code Enforcement provide an on-site visual. Visible in the images are what appears to be a tiny home still on its axels or on a support system and a lean-to hiding an RV in the rear yard. None of these have received any permits. 3. Surrounding uses are almost entirely residential. All immediately adjacent properties are zoned RS and are developed with single family residences. To the northwest there are some larger parcels that are zoned UD (urban development) which are also dedicated to low density residential uses. 4. The applicant is proposing to adjust the required 5-foot setback to the rear property lines for an accessory dwelling unit (ADU). The application is part of an effort to obtain building permits to resolve an open code enforcement violation for an unpermitted ADU. 5. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Code Enforcement provided a letter explaining the parcel has had an open code enforcement case since January of 2024 and that since that date the violations include: • RV Habitation • Solid waste accumulation • Accessory dwelling unit (ADU) without permits • Keeping pigs within the urban growth boundary The letter provides an update on the current situation with the code enforcement case, explaining that aside from the removal of the pigs from the property, all other violations remain unresolved as of now. Code Enforcement also included pictures of the taken on January 23rd and April 9th of 2025 which show significant amounts of debris, the RV under a lean-to meant to obscure it from view, and a tiny home all located within the backyard. Public Works Land Development and Engineering Permits (LDEP) requested that the following be included in the land use decision. Requirements: A. Transportation-related System Development Charges (SDCs) and Parks fee will be assessed at the time of application for building permits.