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6. The applicants should contact the Gates 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 regulations 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 1 50 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 consider- ation 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 September 22nd, 2025. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective September 23rd, 2025, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. 1. The property is designated Rural Residential in the Marion County Comprehensive Plan and is zoned Acreage Residential (AR). The intent of the AR zone is that residential sites be provided with adequate water supply and wastewater disposal without exceeding the environmental and public service capability of the area or compromising the rural character of the area. The purpose of the AR designation and the corresponding Rural Residential zone is to allow creation of acreage homesites at a density that maintains the character and environmental quality of rural residential areas. 2. The properties are located approximately one mile east of the City of Gates and a further 1,000 feet east of the intersection of Railroad Avenue SE and Highway 22. The properties are undeveloped at this time and are adjacent to (west of) property owned by the applicants’ family. Review of plats for the properties indicates they were created in their present configuration through the Minto Subdivision in 1891 as Lots 1 and 12 of Block 2. The former road segments (“First Street,” & “C Street”) that comprise the subjects lots were vacated in 1978 and 1992 and recorded in Marion County Clerk’s file 1772-R (Reel 115, Page 226) and 1992-R, respectively and shown in Plat S03-013. Therefore, the three parcels are recognized as legal separate parcels for land use purposes. 3. All adjacent properties are zoned AR and are in use as rural residences. 4. The applicants are proposing to vacate historic boundary lines that were created under the original plat for a street network that was never actualized and have since been vacated by Marion County. 5. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Surveyors Office commented: A re-plat (in the form of a partition plat) is required, due to the adjustment or elimination of a partition plat parcel line or subdivision lot line. Re-plat: (Re-configuration of lots or parcels and public easements within a recorded plat) 1. Must comply with applicable provisions of ORS 92.185 2. Must be surveyed and platted per ORS 92.050, and the plat submitted for review. 3. Checking fee and recording fees required. 4. A current or updated title report must be submitted at the time of review. Marion County Building 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 Tax Assessor’s Office commented on potential outstanding tax liens on the subject properties.