ADJ25-009 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 Zoning Administrator. If there is any doubt that the application conforms with adopted land use policies and regulations the Zoning Administrator must condition or deny the application. Anyone who disagrees with the decision may request that the application be considered by a 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 120 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 Planning Division, 5155 Silverton Rd. NE, Salem, by 5:00 p.m. on October 3rd, 2025. If you have questions about this decision contact the Planning Division at (503) 588-5038 or at the office. This decision is effective October 4th, 2025, unless further consideration is requested. FINDINGS AND CONCLUSIONS: Findings and conclusions on which the decision was based are noted below. l. The property is designated RM (Multi Family- Residential) in the Salem Area Comprehensive Plan. The purpose of this designation and the corresponding RM (Multi-Family Residential) and UD (Urban Development) zones are to provide urban development consistent with multifamily housing and the applicable city zone which is multifamily. The western 100’ of the property is zoned UD. The eastern 280’ of the property is zoned RM and is where the proposed development will be sited. 2. The property is located 0.15 miles directly north of the intersection of Stortz Ave NE and Lancaster Dr NE. Tax lot 3700 currently contains a parking lot used in conjunction with the Boys & Girls club on tax lot 3800. In the southeastern corner of tax lot 3700 is a 12,000 square foot grassy area where the proposed office building would be sited. The subject property was the subject of CU25-025, a conditional use permit to establish office space for various civic and social organizations, and is therefore a legal parcel for land use purposes. 3. Surrounding properties are zoned Multifamily Residential with a mix of duplexes and apartment complexes, while one property across the street is zoned Public and home to Chemeketa Community College. Directly north across the parking lot is the Boys & Girls Club that was established in 2020 with the conditional use permit CU20-020. 4. The applicant proposes to reduce an 18.5-foot setback to 14-feet for development of a structure with office space for various civic and social organizations on a 0.89-acre parcel. 5. Various agencies were contacted about the proposal and given an opportunity to comment. Marion County Building Inspection commented: No Building Inspection concerns with proposed setback adjustment. Marion County Fire District No. 1 submitted comments regarding fire code requirements that have been provided to the applicant and are included in the case file. All other commenting agencies stated no objection to the proposal. 6. In order to approve the adjustment, the criteria found in 16.41.030 MCC must be satisfied. These include: (A) The proposed development will not have a significant adverse impact upon adjacent existing or planned uses and development; and The applicant has provided a site plan showing that the proposed development meets or exceeds all other setback requirements. The proposed use will work in conjunction with the north adjacent Boys & Girls Club as well as serving the larger community. This parcel is surrounded by the multi-family residential zone. The proposed center is complementary to the surrounding uses, and will not limit, impair, or preclude surrounding properties from establishing permitted uses. The proposed reduction in the front setback affects the frontage on Lancaster Drive will not impair future road improvements. The criterion is met.