CU25-034 Staff Decision - Laserfiche WebLink

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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 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 Rd. NE, Salem, by 5:00 p.m. on September 24th, 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 25th, 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 Forest and Farm/Timber in the Marion County Comprehensive Plan and correspondingly zoned FT (Farm/Timber). The primary intent of this designation and zone is to promote and protect commercial agricultural operations and conserve forest lands by maintaining the forest land base and to protect the forest economy by making possible economically efficient forest practices that assure the continuous growing and harvesting of forest tree species as the leading use of forest land consistent with sound management of soil, air, water, and fish and wildlife resources and to provide for recreational opportunities and agriculture. 2. The property is located approximately 1 mile north of the intersections of Crooked Finger Road NE, Ettlin Loop NE, and Hazelnut Ridge Road NE. The property contains a 1979 dwelling and a recently completed 2025 dwelling and as many as 6 accessory structures. Staff found a deed from 1973 (Volume 766, Page 327) that matches the property perimeter description on the most recent 2022 deed (Reel 4666, Page 224). It appears that the parcel has remained in its present configuration since before Marion County adopted modern property zoning in September 1977. Therefore, the parcel is legal for land use purposes. 3. The majority of the lands to the north and west are Timber Conservation (TC) and the majority of the lands to the east and south are zone Farm Timber (FT). 4. The Marion County Soils Analysis tool indicates the parcel is composed of 100% non-high value soils. The applicants recently completed a new primary dwelling under building permit 555-24-008674. This permit was to replace the current three bedroom manufactured dwelling. The applicants are now applying to convert the previously existing dwelling into a conditional use medical hardship dwelling. They are proposing to have Mary Terhaar live in the original manufactured dwelling while James and Amy Terhaar will occupy the new single family dwelling. A signed Primary Care Provider Certificate has been submitted for Mary Terhaar, confirming her need for daily assistance due to medical conditions. 5. The applicants further state that they will also have an additional adult caretaker staying overnights to assist with Mary’s needs and this person may also stay in the conditional use medical hardship dwelling. 6. Various agencies were contacted about the proposal and given the opportunity to comment. Marion County Septic commented: “Septic hardship authorization has been done.” All other commenting agencies stated no objection to the proposal or failed to respond. 7. To approve a manufactured home/RV, or existing building under hardship provisions, the applicants must demonstrate compliance with the specific criteria listed in Section 17.120.040 of the Marion County Code (MCC). These include: A. For the purposes of this subsection "hardship" means a medical hardship or hardship for the care of an aged or infirm person or persons. B. This subsection contains various requirements for application submission, including “a signed statement from a licensed medical professional indicating whether the aged or infirm person has a hardship as defined in subsection (A) of this section. The statement shall also attest whether the licensed medical professional is convinced the